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The Shuster Project

Tobacco Industry Fraud & False Claims Issues

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Click HERE To Read Our Letter Sent to Senator Kerry's Presidential Campaign

 

BOGUS RELEASE FORM

        In consideration of the sum of Ten Thousand Dollars ($10,000.00), receipt of which is hereby acknowledged, the undersigned XXXXXX Tobacco and Candy Co., Inc. ("XXXXXX") hereby acknowledges full satisfaction and payment of each and every claim and/or demand of whatever kind or nature that now exists or may hereafter accrue, on or behalf of XXXXXX against The American Tobacco person or persons, firm, corporation, association, partnership, or entity acting on its behalf, charged with responsibility for or liable directly, indirectly or vicariously for

     As a further consideration for the making of said settlement and payment, It is expressly agreed that:

     I.  This full and final settlement is not and shall never be treated as an admission of liability or responsibility at any time or in any manner whatsoever on the part of the parties herein released.

     2.  This release is expressly intended to cover and include all claims, several or otherwise, past, present, or future, which can or may ever be asserted by XXXXXX or its heirs, successors or assigns or otherwise, including all causes of action therefore, as a result of the aforesaid damages or the affects of causes thereof, for acts alleged to have occurred as described in Exhibit I hereto.

     3.   The undersigned understands and agrees that this is a full and final release and all claims under any statute of principle of common law are hereby expressly waived.

     4.   By signing this release XXXXXX agrees to all of its terms and that the above-mentioned sum is the entire and only consideration for this release.

     5.   This release shall bind and he binding upon the heirs, executors, administrators, and assigns of XXXXXX.

     The undersigned, XXXXXX Tobacco And Candy Co., Inc., hereby acknowledges

     IN WITNESS WHEREOF, the undersigned XXXXXX Tobacco and Candy Co., Inc., hereunto sets its hand and seal, this   11th    day of   March   1991. 

XXXXXX TOBACCO AND CANDY CO., INC.

by:                  Signature

                      Name

                      Title

     It must be noted that The American Tobacco Company asked XXXXXX Tobacco and Candy Inc. for an estimate of the losses due to their employee's embezzlement of cartons of cigarettes which, based upon that estimate, was what they would reimburse XXXXXX Tobacco and Candy.

     The owner, upon informing The American Tobacco Company that due to the huge volume of theft from his Wholesale house in the estimated amount of over $110,000.00, an audit would produce a "near" exact amount, but that due to the severe negative financial impact the American Tobacco Company employee's embezzlement had caused, he was unable to afford to pay for one.

     The American Tobacco Company both refused to fund the audit, which should have been their primary responsibility to perform to determine if the $110,000.00 was an amount of inventory below what was actually stolen, and they refused to honor their promise to pay XXXXXX Tobacco and Candy, Inc. the estimated figure which, in my view and calculations, was quite conservative.

Click here to see  The Check

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Last Update: 01/28/2004 10:21 PM