WASHINGTON — Justice Department lawyers Tuesday asked a federal judge for sweeping sanctions against the biggest tobacco companies, saying the government had proved a 50-year industry conspiracy to mislead the public with "half truths, deceptions and lies that continue to this day."
But without explanation, government attorneys drastically reduced their most expensive demand, scaling back a proposed industry-funded smoking-cessation program from $130 billion to $10 billion.
The surprise development came in closing statements in the government's racketeering case against the tobacco industry, which has been in trial for 8 1/2 months. The tobacco companies will make their summations today, and rebuttal arguments by the Justice Department are expected Thursday. A ruling is not expected for weeks or months.
In prior expert testimony, the government had outlined a proposal that tobacco companies pay more than $5 billion a year to provide a smoking-cessation program for 25 years. This effort would include telephone quit lines, cessation clinics and training and research on the most effective quit methods.
But near the end of the government's presentation before U.S. District Judge Gladys Kessler on Tuesday, Justice Department lawyer Stephen Brody said the government was seeking a five-year program funded at $2 billion a year.
A person familiar with the situation, speaking on condition of anonymity, said the change was "forced on the tobacco team by higher-level, politically appointed officials of the Justice Department," including Associate Atty. Gen. Robert McCallum, who oversees the civil division.
McCallum, who issued a statement lauding the "tireless efforts" of the trial team, declined to discuss the matter. Brody and Sharon Eubanks, director of the government trial team, also declined to comment.
Justice Department officials Tuesday night issued a statement describing the proposed five-year program as "an initial requirement" that could be extended in the future if court-appointed monitors decided the industry was committing fraud.
"This proposal has been designed to be a forward-looking remedy to prevent and restrain future wrongful conduct by" the tobacco companies, the statement said.
Dan Webb, a lawyer for Philip Morris USA, said the scaled-back request showed that government lawyers "had not thought through these expensive remedies."
