Cigarette Bootlegging - A Strategy For Attacking the Manufacturers Through Civil Litigation (From Techniques in the Investigation and Prosecution of Organized Crime, Volume Three, 1980 - See NCJ-93571

• NCJ Number: 93579
• Author(s): M Tonn; J Trojanowski
• Date Published: 1980
• Length: 73 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

The Racketeer Influenced and Corrupt Organizations Act (RICO) provides for both civil and criminal suits against cigarette manufacturers who are involved in bootlegging, but civil suits would be preferable.

Abstract

All levels of the cigarette industry are now involved in bootlegging, which drains needed tax revenue from State and localities and generates other serious crimes. Although laws exist to control bootlegging, past enforcement efforts have not focused on cigarette manufacturers. However, cigarette manufacturers are the legally responsible level with the highest degree of control over the flow of cigarettes into illicit traffic. Litigation which is directed at the manufacturer provides the greatest hope for stimulating industry self-regulation. Civil suits are preferable to criminal suits because of lower standard of proof, broad discovery provisions, and because the goal of the suit would be reform rather than vindictive justice. Such litigation combines these advantages with the injunctive and treble damage provisions of RICO. Suggestions for gathering evidence and 271 footnotes are provided.