Philip Morris USA and Altria Will Seek Further Review of Appellate Ruling in Long-Running DOJ Litigation

Richmond, Va.-Philip Morris USA (PM USA) and its parent company, Altria Group, Inc. (Altria Group), will seek review of today’s appeals court ruling largely upholding a trial judge’s decision in 2006 that PM USA, Altria Group and the other major cigarette companies violated civil provisions of the Racketeer Influenced Corrupt Organizations (RICO) Act.

“PM USA and Altria Group continue to believe that the court’s conclusions are not supported by the law or the evidence presented at trial and these issues warrant further review,” said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA and Altria Group, Inc.

The D.C. Circuit, however, rejected all of the government’s and intervenor’s cross appeal arguments and refused to broaden the remedial order entered by Judge Kessler. The court left undisturbed its prior holding that the government could not obtain disgorgement as a permissible remedy under RICO.

The companies are reviewing the decision and intend to seek further review.