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Gladys Kessler
Senior U.S. District Judge
Federal judge who ruled tobacco companies engaged in racketeering
Overview
Gladys Kessler is a senior U.S. District Judge for the District of Columbia who presided over the landmark 2006 RICO case against the tobacco industry, United States v. Philip Morris. In her 1,683-page ruling, Judge Kessler found that major tobacco companies had engaged in a decades-long conspiracy to deceive the public about the health risks of smoking and the addictive nature of nicotine, violating the Racketeer Influenced and Corrupt Organizations Act.
Key Affiliations
Controversies & Concerns
LANDMARK RICO RULING: In August 2006, Judge Kessler issued a 1,683-page opinion in United States v. Philip Morris, finding that major tobacco companies had violated RICO by conspiring to deceive the public for decades about the dangers of smoking.
CORRECTIVE STATEMENTS: Kessler ordered tobacco companies to publish corrective statements about the health effects of smoking, the addictiveness of nicotine, and their history of deception. Implementation was delayed for years through appeals.
NO MONETARY PENALTY: Despite finding the companies guilty of racketeering, Kessler did not impose the $280-billion disgorgement sought by the government, ruling that RICO did not allow backward-looking remedies, only forward-looking corrective measures. This was seen as a limitation of the ruling.
INDUSTRY DECEPTION DOCUMENTED: Kessler's ruling provided the most comprehensive judicial documentation of the tobacco industry's conspiracy, finding that companies knew smoking caused cancer as early as the 1950s and systematically lied about it.
Related Investigations (1)
Sources & Documentation
3 documented sources from official records, investigations, and reports
United States v. Philip Morris, 449 F. Supp. 2d 1 (D.D.C. 2006)
Washington Post: Judge Rules Tobacco Companies Guilty of Racketeering (2006)
Campaign for Tobacco-Free Kids: DOJ RICO Case Background (2012)
Personal Information
- Born
- 1938-07-25
Education
- •Brooklyn College (BA)
- •Harvard Law School (JD)
Key Timeline
1994-06-20
Nominated to the U.S. District Court by President Clinton
1999
DOJ files RICO lawsuit against tobacco companies; case assigned to Kessler
2004-09
Trial begins in United States v. Philip Morris
2006-08-17
Issues 1,683-page ruling finding tobacco companies guilty of RICO violations
2009
D.C. Circuit upholds core RICO findings on appeal
2017-11
Tobacco companies finally begin publishing court-ordered corrective statements