The Shuster Project

Tobacco Industry Fraud & False Claims Issues

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To: Mr. David S. Golub – Attorney

From: Robert X. Shuster

Executive Director

The Shuster Project-Tobacco Industry Fraud & False Claims – http://www.rxshuster.org/

177 Andrew Avenue

Naugatuck, CT 06770-4359

Telephone: 1-203-723-7108

Fax: 1-801-705-3078

E-mail: Rshus177@aol.com

Date: 3/18/02

Dear Mr. Golub,

By way of introduction, my name is Bob Shuster and I am the Executive Director of “The Shuster Project-Tobacco Industry Fraud & False Claims” organization.

One of our staffers brought a recent article from the Waterbury Republican-American newspaper, detailing your efforts on behalf of Judith S. Gerrity’s estate, to my attention.

We have just completed an exhaustive updating/editing/transformation of our “Project” web site of the same name at:

http://www.rxshuster.org/

By way of credibility and reputation, in September of 2000, “The Shuster Project’ web site was awarded StudyWeb.com’s Academic Excellence Award, certifying it’s content applicable in classroom curriculum for Grades 12+ in the subjects of History and Social Studies for and in the topics of Criminal Justice and White Collar Crimes.

We have, since our completed web site updating/editing/transformation efforts, just recently begun moving forward now with several, bold initiatives including, by way of requests from high school, college and university professors, compilations at various grade levels of study guides for publication.

Other initiatives we are simultaneously working on include additional legislative proposals, beyond the one we have already introduced before the CT Judiciary Committee, (our first was HB5602 / HB6942 – a CT False Claims Act introduced in 1999), and other initiatives that will be directed towards other states, national organizations, the media and the general public.

I’m sure you can see that because of this ambitious schedule of additional, new grassroots efforts, I have imposed a temporary moratorium on any other projects.

However…all of my staffers are encouraged to bring to my attention events and efforts, such as yours, where The Shuster Project can be of assistance.

In this article, it mentions that you are attempting to unite defective product/product liability with Unfair Trade Practices Act remedies.

To quote two small portions of the article directly:

1.) “Golub said the family would like to see an injunction against the tobacco companies. Such an order would stop them from doing any advertising and marketing determined by the court to be deceptive.”

2.)””But it is unscrupulous conduct to say nicotine is not addictive when here are scores of documents (proving it,)” he said.”

Scores of lawsuits The Shuster Project has followed have generally lost using only the sole introduction of the issue of nicotine addiction.

And of the very few lawsuits “won,” in part, using the sole, “only known of,” nicotine issue, almost all of those are always overturned on appeal because the tobacco companies are always successful in introducing the “reasonable doubt” factor of conflicting studies and documentation relative to nicotine addiction.

The “The Shuster Project-Tobacco Industry Fraud & False Claims” organization has proved, in the presence of a “Special Agent” of the IRS at the law office’s of one of our Project lawyers, that in CT, just state and federal Income Tax fraud and false claims, alone, by the tobacco companies are in excess of $40 MILLION DOLLARS and growing, as this practice continues unabated since well over four decades ago.

Further, the “The Shuster Project-Tobacco Industry Fraud & False Claims” organization has proved that in CT, state Sales Tax fraud by the tobacco companies is in excess of $200+ MILLION DOLLARS as the result of false pricing-advertising materials placed in retail outlets that sell cigarettes and tobacco products.

This figure represents in excess of the current CT state budget deficit for 2002-2003.

In fact, just this type of pricing-advertising materials fraud alone, with respect to the other states’ defrauded Sales Tax and state Income Tax revenues/receipts, across the country, exceeds $4.5+ BILLION DOLLARS and growing, as this practice continues unabated, also since well over four decades ago.

I suggest this, Mr. Golub…go to our web site at http://www.rxshuster.org/  and look to the pages index to the left.

Then click on the very top link, LEGAL ISSUES.

From there, look to the pages index on the left and click on the very bottom link, FEDERAL ISSUES.

It is there that you will get an immediate and overwhelming sense of the broad, extensive, credible and reputable involvement of The Shuster Project in areas of tobacco industry product liability and Unfair Trade Practices Act issues you had no idea existed, until this correspondence.

After you explore the FEDERAL ISSUES section, backtrack to the main “Project” page at http://www.rxshuster.org/ and click on the 12^th link down on the pages index to the left and review the CONSUMER TARGETTING page…especially clicking on the various links on that page’s left side pages index.

As I’d prefer to keep this correspondence as short as possible so as to not confuse you with the entire bulk of relevant content we have that will win you your Gerrity case, I believe it is in your best interest and the best interest of your client that we meet and meet soon.

I have taken a very important first step in establishing contact with you, as the only known issue being raised in lawsuits involving tobacco product liability is the nicotine issue when, in fact, there are literally dozens of other, more portent and definitely winnable issues from which to base a lawsuit upon.

As for Unfair Trade Practices Act violations direction you seem to be taking with respect to the tobacco companies…if you click on any of our CORRESPONDENCE pages links found in the pages links to the left of our main web site page, you will be astonished to find to whom The Shuster Project has written to and alerted with respect to these violations and the avoidance and silence we have received in return from these people…including CT State Attorney General Richard Blumenthal, Gov. Rowland, State Senator George Jepson (keeping in mind that every single CT state senator and state representative has been contacted with respect to these issues and many other similar tobacco industry fraud and false claims issues,) Kwaisi Mfume (NAACP), N.O.W. and many, many more.

At least make the effort to set some time aside to meet with me here after you have reviewed The Shuster Project web site and I will be more than happy to set some of my time aside to assist you.

I’d suggest making a block of time of at least 3 hours or more aside, not including drive time to Naugatuck and back, and include thinking about bringing someone with you that can take notes for you.

If you have an apprentice law clerk or paralegal working in your office that you could bring, that might also be someone to consider.

I never will come to a point where I will cease offering assistance as these opportunities benefiting others present themselves to me…however, we’ve honestly been stunned by some of the people and organizations we have reached out to and received avoidance and silence in return, so we have come to the position that we will send only one contact opportunity/ correspondence out and will offer no follow-up to that unless the recipient of our offer to assist sees it as the opportunity it is and responds, thus setting whatever follow-up processes that need only to occur after that.

I can only offer you this unique opportunity on behalf of your client…I leave the rest up to you.

I look forward to hearing back from you.

Sincerely,

RXShuster

The Shuster Project-Tobacco Industry Fraud & False Claims Issues

http://www.rxshuster.org/

C/o

177 Andrew Avenue

Naugatuck, CT   06770-4359

Telephone: 1-(203)-723-7108

Fax: 1-(801)-705-3078

Toll Free Voice Mail: 1-(877)-547-1908

Email: RShus177@aol.com

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