[world-vedic] ROOPA Ch. 2 -- 3 of 5

[Guest guest]

Fed.s vs. Tobacco: Case in Point

 

Today’s system is ill-equipped to reform the political and commercial

corruption that plagues our nation. The U.S. government’s struggle with the

tobacco industry offers an excellent case in point. Targeting tobacco maybe a

little unfair. Whatever is said here of tobacco can be said of most any

industry. Today’s system demands Machiavellian cunning or else one is to lose

competitive advantage to those who do. Tobacco happens to have been making

headlines these last few years. It therefore makes for an easier

presentation. The stats & information are more easily researched while also

corroborating what’s already common knowledge to most people. The following,

however, maybe said of most any industry. ROOPA corrects all of these

inequities no mater what the industry.

 

The U.S. recognized the dreadful affects of cigarettes upon smokers. As

expected, this led to a bevy of tobacco legislation: where it may be sold -

away from schools; how it can be sold - in person, not vending machines; who

can sell it - those with permits; who it can be sold to - those over 18;

where it may be consumed - open air places; and how it may be marketed - no

TV commercials or sports events, only print adds such as billboards and

magazines.

 

This micro-managing was further followed with reams of penalty specifications

for those who failed to comply. The means and personnel for the

implementation of these laws had to also be legislated. The "sin tax," taxes

upon tobacco, had to be pounded out. How much to charge? What to charge for -

smoking related damages or pet-projects like Special Ed. programs for

children, tax cuts for folks, sidewalks in LA or federal debt relief? Then

there is still the issue of how to cover all tobacco-related medical expenses

and dispensing treatment for its addictions and ailments. We now have dozens

of newly formed organizations, hundreds of new regulations, thousands of

bureaucratic "watch-dogs," millions of incidents to process, and billions in

added expenditure.

 

This phalanx of government action is proving too heavy- handed for many

American’s personal taste as it is too top-heavy for beating a billion dollar

industry with the business savvy of tobacco multi-nationals. This is the Ben

& Jerry cartoon of big-cat government bludgeoned by the far more clever mouse

of multi-nationals. And so the results are obvious. Tobacco has recouped most

of its lost ground from one of the most ambitious government actions ever

undertaken against corporate harm.

 

It was initiated in President Clinton’s first term with his appointment of a

new director to the Food and Drug Administration. The federal government took

on the tobacco industry with a vengeance. This led states throughout the

country to begin their own lawsuits against tobacco to recoup smoking-related

medical expenses. Legal discovery shed a mountain of new leads and

information. The real damage was offered up - often illegally - by industry

attorneys and scientists burdened by their own conscience and disgusted by

tobacco’s tactics and harm.

 

Within two years, the government had uncovered a global conspiracy of fraud

and deceit. It included everything from silencing opponents and destroying

damning evidence commissioned by their own scientists, to a global

misinformation campaign on tobacco’s addictiveness and medical repercussions.

This was only surpassed by its multi-billion marketing machine targeting

everyone from women and minorities, to the poor and uneducated. Worse - they

went after our children. Our kids remain helpless in smoking’s iron grip -

usually for life and as often, killing them by the millions. The curtain had

been pulled, not to a gentle old wizard, but to the face of a diabolical

empire whose trade is nothing less than the maiming and death of every

country’s most valuable, most innocent and most helpless. A half a trillion

people, "alive today will die of tobacco" related causes. (From billboards by

the California Department of Health) How the tobacco industry broke this

mounting attack by the US is revealing to both the failings of today’s

systems as well as the strength and urgency for ROOPA.

 

Clinton’s campaign started off well enough. He brought states aboard and

highlighted tobacco’s real cost: $100 billion a year. Overwhelmed, tobacco

companies were considering to settle for $365 billion to be paid over 25

years. That was raised to over $500 billion with the revelation of an

industry wide cover-up to mislead the public about tobacco’s addictive and

medical consequences. The terms of this new settlement also included a

growing list of restrictions upon the marketing and production of tobacco.

Tobacco countered with everything they had. In the process, they showcased

"the tricks of the trade" used to squeeze government favor against the public

good. We have everything from savvy *legal manipulation and commercial

*bribery, to the ace card of all ploys: political blackmail. Potentially,

this may have gone as high as the President of the United States.

 

The tobacco industry began with the obvious. They leaned on "their

congressional representatives" to *kill the Senate’s "tobacco reform bill."

On the legal front, their legal manipulations won court rulings that proved a

further set back for the government’s case. In one, they had courts throw out

such crucial legal tools as *class-action law suits. It’s not *cost effective

for attorneys to pursue small cases. In another, the Food and Drug

Administration was forbidden from regulating tobacco as a drug. In a third,

the court dismissed the bulk of the cost for a state’s tobacco-related

medical expenses. These cost were dismissed in the name of taxes already

collected on cigarettes. The combined result: a convincing argument that

states would face drawn-out court cases ending in reduced settlements. The

states settled.

 

The new settlement is for $200 billion over 25 years. This is in place of

$2.5 trillion. That is the medical cost during this same 25 years at our

present annual rate of $100 billion. Tobacco related medical cost will likely

be significantly higher in 25 years from now. They’ve risen this last quarter

century. The cost of medical treatments has risen 10% to 30% (1) in the last

couple years alone. This $2.5 trillion may well double in the next 25 years

to $5 trillion. Maybe more. In short, the tobacco industry is getting off for

1% to 5% of their total cost to society.

 

Odd as this may sound, bringing tobacco to pay would be somewhat unfair. Few

other industries pay for such cost as their products medical liabilities to

consumers. Why single out tobacco? And so each culprit cries fowl as they

hold up other guilty parties for justification. Tobacco, of course, did the

same. In Atlanta, they defended themselves by pointing to gambling. Gambling

is promoted by the state with impunity from all social economic damages

wrought upon their clients - also running into the billions. Tobacco demanded

the same immunity from justice. Demanding such equal rights is somewhat

legitimate under today’s system - given the free reign of other culprits. We

now have a system wherein two wrongs do make a right. It’s taken from the

same traditions as the "honor among thieves." It maybe called corporate law.

ROOPA will finally close the book on this whole system of "commercial

morality."

 

 

Starr & Tobacco Connection: Trillions Saved

 

Like most political intrigues, the tobacco saga comes replete with a host of

conspiracies. There are the ones reported by the media. For example, Gov.

Gray Davis accused his Republican opponent during the gubernatorial campaign

of "cozying" up to the tobacco industry with a favorable settlement while

serving as Attorney General of California. This was a common Democratic

mantra against their Republican contenders throughout the `97 campaigns.

 

Then we have Kenneth Starr - Senior Partner, Kirkland & Ellis. Kirkland &

Ellis is named as a primary law firm of the tobacco industry. Rarely

reported. The Nation magazine (3/18/96) has printed a series of articles

about this firm’s shady dealings. The most damning accusations is Starr’s

appointment shortly after Clinton’s campaign began against the tobacco

industry.

 

The Monica Lewinsky portion of Starr’s investigation roughly coincides with

Clinton’s announcement to sue the tobacco industry. Clinton’s prospective law

suit is for $1 trillion dollars. It’s on behalf of the federal government’s

tobacco-related medical expenses over the last 40 years. The federal

Government’s Medi-Cal and Medicare programs have spent hundreds of billions

on tobacco victims. This is in addition to the expense bared by our 50

states. The tobacco lobby had successfully killed Clinton’s congressional

tobacco legislation. Clinton was furious. He responded by threatening this

federal law suit. Kenneth Starr was there to greet him. The Republicans were

the firing squad. President Clinton was effectively neutralized.

 

Starr’s "independent counsel" has left Clinton a weakened president. This has

translated into savings for the tobacco industry worth hundreds of billions

of dollars - trillions actually. Tobacco is not the only industry to have

benefited. HMOs, oil companies, nursing-homes, the gun lobby - among others,

were all targeted in Clinton’s original political itinerary. This is another

story, but the short of it, they all save from a now humbled Clinton. His

subdued presidential agenda saves them trillions. This Starr connection

remains only one of the more apparent and less sinister conspiracies, but

they all elude to this same kind of corruption.

 

People complain bitterly of government paralysis. This is commonly blamed on

partisan politics or incompetence. Yet, government has a strange habit of

grinding to a halt when slated for corporate reform and just as suddenly

stirring into action for industrial de-regulation. The Republican’s

threatened* to shut government down in the name of "budget reforms" back in

the mid `90’s. This stunt back-fired. The public was strongly opposed. It

only furthered Clinton’s own support just as Republicans were sweeping the

national political scene.

 

The Starr investigation proved far more effective. It brought government to a

complete stand-still for all other legislative business but Clinton’s

impeachment trial - for months. It offered the dual advantage of giving the

semblance of government-at-work though doing nothing of the-people’s-work.

All the while, it generated billions worth of negative publicity against

Clinton. Interesting how it failed to gather the needed support for

impeachment. The American people insisted he was doing "a good job" - in

spite of the media blitz. However, it effectively stalled Clinton’s efforts

for years, while eroding his public support to tackle such agendas as HMO or

tobacco reform. Clinton was left with little option but to sign on to

Republican demands for across the board deregulation. Everything took a hit

from environmental and immigration laws to agricultural and employee safety

regulations. Doing anything less would have left Clinton a "lame-duck"

president - without political relevancy.

 

Clinton’s ambitious domestic reforms have now been reduced to undeclared wars

in third world countries - a favorite of the "military industrial complex."

Congress just approved an additional $13 billion in added spending for the

Pentagon’s Kosovo adventures. Not bad for a couple month’s work. War is much

like the impeachment trial. War offers the semblance of government at work,

though doing nothing of the peoples work. As for Clinton’s federal law suit

against the tobacco industry… well, it’s now tucked away on "the back

burner." In short, government paralysis, like media condemned politicians,

seem to translate into corporate savings. This is not to say Clinton has done

no-wrong. Just ask any comedian. Still, the end result of Clinton’s troubles

is trillions in savings for multi-nationals.

 

We’ve seen the President of the United States and attorney general’s from

across the country laid waste by tobacco’s juggernaut. What chance do we

stand at beating such corruption. Even if the tobacco industry was fully

reformed, we then face every other industry - as powerful. How could we ever

hope to reform all these rackets. We’ve gone from an embittered people to an

apathetic society. Just see our election time voting record. 1999’s election

turn-outs were some of California’s lowest. How often do we amuse ourselves

watching those foolish enough to try and mend the worlds problems. Beating

such corruption - impossible. Until ROOPA that is. ROOPA remedy’s all these

inequities in one fell swoop. Simply. Effectively. Quickly.

 

ROOPA: Shortcuts Corruption & Gov’t Bungling

 

Some will view the tobacco case victory as part of every day government

incompetence. Others will insist that such things are all part of some

sinister corporate plot. Playing Detective Colombo to uncover some conspiracy

is just more of the same old bureaucracy and politics that has marked our

social, political bumbling. Does it really matter? Why bother splitting hairs

to prove some conspiracy. The net result still remains: the tobacco industry

is off scot-free for its economic cost to society. Worse, it keeps trillions

in on-going SUBSIDIES for decades to come.

 

Today’s system relies on the integrity of our politicians, the competency of

our government and the righteousness of our courts. Does anyone see a problem

here? Compromise anyone of these institutions and the whole system shuts

down. Welcome to Washington. The tobacco case offers a great demonstration of

this, but so does most any industry - from guns and Hollywood, to banking and

the agri-business. All of them with trillions in subsidies if not out right

extortion. Guns and HMO’s, for example, have won several court rulings

exempting them of all monetary compensation, even when proven by their own

admission to be a clear cut case of negligence and fraud. Such cases only

flaunt the worse of our system.

 

Look at the institutions of our government. Politicians are apt to be corrupt

if for no other reason than the tens of millions demanded for campaigning. If

too troublesome, politicians are vulnerable to blackmail: Clinton; they can

be removed: Jimmy Carter; or even eliminated: JFK. (Discussed later in the

book.) Courts can be finagled. It’s crafted to be. We call it lawyers.

There’s always behind-the- scene plots. One of the more obvious is the nearly

1,000 judges appointed in the 12 years of Republican presidents from Reagan

to Bush. The Supreme Court has been stacked with a "conservative majority."

We had Democrat appointed judges before them. All of them tempering with the

law within the confines of their own agenda’s and "ideology." As for relying

on government competence, shall I say more?

 

ROOPA does not rely on any of these institutions for its effectiveness. ROOPA

bypasses all these snags - whether of government bungling or corporate

manipulation. ROOPA does so by modifying the government’s power-to-forgive

perpetrator’s damages to third party victims. In the case of tobacco, the

victim is the American tax payer, health-care’s non-smoker premium payer and

the out-priced uninsured - if not the addicted smoker.

 

Forgiving a perpetrator without regard to its victim would appear to be a

civil rights violation. Legal representation is the center piece of our civil

rights. Injustice without amends is a mockery of those rights. No justice

means no rights? Without justice, there is no such thing as democracy.

Therefore, democracy is founded upon the Bill Of Rights. Those rights demand

redress if violated. Am I reaching here? Well, it makes for an interesting

discussion. One thing is sure: ROOPA embodies this principle of justice and

recasts it into an exact science - down to the last penny. ROOPA is a precise

"method-of-justice." This is done by transforming government from autocratic

ruler, to accountant of the people.

 

Like an accountant, ROOPA is also a neutral justice. Condemnation, posturing

and intrigue are all eliminated. It will do for social justice and political

reform what credit cards and ATM machines did for banking. ROOPA is the

social "debit-card-of-justice." Automated, concise and easily accessed. Its

primary function: to tally and charge one the total cost of their damages.

 

The only debate: how much is the total bill? With tobacco: $100 billion a

year. The tobacco industry won’t even contest this figure. Their only defense

would be to bribe or blackmail our leaders. ROOPA effectively removes this

option from the political equation. ROOPA leaves these costs right where they

belong: in the court of those responsible. Here’s the formula for democracy:

transferring responsibility back to the people. Let those responsible wrestle

with tackling their own cost. Government’s role under ROOPA is but to insure

one honors this responsibility. This system brings smokers and tobacco

companies to redirect their focus. The industry can refocus its resources

from beating government regulation, into fighting the costly ill effects of

smoking. This is what tobacco companies should be doing. ROOPA effectively

brings them to do it.

 

 

 

 

 

 

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