The cigarette makers contend they never conspired to deceive the public. They also have accused the government of ignoring its own longtime support for the tobacco business and of failing to acknowledge significant reforms by the industry since its landmark 1998 settlement with the states.
But Eubanks, who split the summation with three other government lawyers, told the judge that the government had succeeded in establishing what it had described at the outset of the trial as its "Seven Pillars of Fraud."
The government said it proved that the industry had lied about the risks of smoking and secondhand smoke; had falsely promised to sponsor independent research; had lied about addiction; had manipulated nicotine levels to hook smokers; had deceptively promoted low-tar or "light" cigarettes; had falsely denied targeting youth; and had suppressed evidence that would have undermined its public-relations stands and defenses in court.
To prevail in the case, the government must show not only that the industry committed fraud in the past but also that such conduct is continuing or is likely to occur in the future.
