On September 22, 1999, the United States filed this civil suitagainst Defendants pursuant to the Racketeer Influenced and CorruptOrganizations Act (“RICO”), 18 U.S.C. §§ 1961-1968. After nearlyfive years of discovery, motions, and other pretrial proceedings,trial began in September 2004. The bench trial lasted nine monthsand on August 17, 2006, this Court issued a lengthy opinion findingthat all Defendants “(1) have conspired together to violate thesubstantive provisions of RICO, pursuant to 18 U.S.C. § 1962(d),and (2) have in fact violated those provisions of the statute,pursuant to 18 U.S.C. § 1962(c).” Original Opinion, 449 F. Supp. 2dat 26. In particular, the Court concluded that Defendants“knowingly and intentionally engaged in a scheme to defraud smokersand potential smokers, for purposes of financial gain, by makingfalse and fraudulent statements, representations, and promises.”Id. at 852.
The Court made detailed Findings of Fact on each of thevarious topics on which Defendants made their false, deceptive, andmisleading public statements. Id. at 146-839. First, the Courtfound that “each and every one of these Defendants repeatedly,consistently, vigorously - and falsely - denied the existence ofany adverse health effects from smoking,” despite “the massivedocumentation in their internal corporate files from their own-2-