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To: md1derful who wrote (2482)10/16/1998 10:09:00 AM
From: Geoff  Respond to of 6439
 
Thread: A must read in today's WSJ on page B2. It addresses the problems that tobacco prosecutors are facing, since the Fourth Circuit ruled that the FDA lacked the jurisdiction to regulate tobacco, in the criminal investigation by the Justice Department. Basically, the problem is that since the FDA lacks the authority to regulate tobacco, are the alleged false statements made my the tobacco companies about manipulating nicotine levels a criminal offense?

From the WSJ article:
The problem is that it isn't necessarily a crime to lie to the government.

To be prosecuted for a false statement under federal law, the companies have to have lied about or concealed a "material" fact in a "matter within the jurisdiction" of a government department or agency. A false statement is only "material" if it is capable of influencing federal decision-making.


The article is a must read for all.

Choo choo!

geoff