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Investigation for the purpose of filing and potential class action lawsuit against
Philip Morris International and Emirati Investors-TA

In summary

Who does this concern ?

All organizations or associations (hereinafter referred to as «Associations») public or private, in all countries, representing or defending the rights of persons who are directly or indirectly victims of criminal or terrorist acts. The criminal and/or terrorist groups (hereinafter «Criminal Organizations») targeted by this potential class action are as defined by the US Department of State and the Federal Bureau of Investigation.

Sur quoi porte l’investigation en cours ?

Sur quoi porte l’investigation en cours ? contenu

Legal Definition of Illicit Tobacco Trade

“illicit trade” means “any practice or conduct prohibited by law which relates to production, shipment, receipt, possession, distribution, sale, or purchase of tobacco products including any practice or conduct intended to facilitate such activity”.

U.S. Family Smoking Prevention and Tobacco Control Act
WHO - Framework Convention on Tobacco Control (FCTC)

What are PMI and EITA's activities and who are the executives targeted by our investigation ?

PMI is a multinational tobacco company headquartered in New York (NYSE: PMI), which manufactures and markets, among other things, many brands of cigarettes around the world. EITA (SEC note 4) is an Emirati group, made up of several subsidiaries that, among other things, manufactures and distributes licensed PMI's tobacco products in several African and Middle East countries. EITA is a holding company owned 49% by PMI and 51% by another entity not officially reported by PMI to the SEC, but owned by the Emirati group Rashedeen, a long-standing partner of PMI. The holding company EITA and the Rashedeen group achieve estimated turnover in billions of US Dollars but have no accessible public information (activities, operating or financial reports, etc.) or even a website.

Subject to the results obtained at the end of this investigation, the Alleged Stakeholders could potentially be considered actors of illicit trade as defined by the American Federal authorities and the WHO. Indeed, PMI and EITA manufacture, ship, own, distribute and market internationally renowned tobacco brands such as « Marlboro » in countries with low taxes, in volumes far greater than the needs of these countries. As such, Criminal Organizations get readily access to large stocks of cigarettes at low cost. These goods are then smuggled to countries with high tobacco taxes, to be resold there below the legal market price, which generates considerable gains for these Criminal Organizations.

Our investigation also aims to explore whether PMI and EITA's executives who may have participated, directly or indirectly, in planning the production and distribution of tobacco products, with a strategy of overproduction in countries with low taxation levels.

How can you be affected ?

You represent a public or private organization or association active in the defense of rights, or in support of, victims of criminal or terrorist acts and you have at least 2 members. Your members have been victims of acts perpetrated by Criminal Organizations clearly identified by a local jurisdiction.
These terrorist acts have been claimed or attributed to Criminal Organizations, such as Al-Qaeda, ISIS, AQIM, IRA, PKK, Hamas, Hezbollah (full list 1-2), recognized as organizations that use income generated by the illicit trade of tobacco products market to finance the organization's terrorist acts.

If you meet these criteria, you can register your Association free of charge and without obligation for the preliminary investigation stage, so that we can assess the legitimacy of your Association and that of your members to participate in this action.

What are the objectives of this class action ?

  • Establish a causal link between illicit tobacco trade originating from Alleged Stakeholders and the financing of criminal and/or terrorist acts.
  • Define financial compensation rules and assess the amount of damages for victims of criminal and/or terrorist acts based on the Alleged Stakeholders' liability.
  • Get a judgment against the Alleged Stakeholders to obtain compensation for victims of criminal and/or terrorist acts.
  • Obtain the development of an independent system of monitoring this market aimed at eradicating illicit tobacco trade.
  • Increase media coverage on the consequences of illicit tobacco trade and its direct link with the funding of Criminal Organizations.

Quels sont les avantages d’un recours collectif ?

Quels sont les avantages d’un recours collectif ? contenu

Class Action - Investigation for the purpose of filing and potential class action lawsuit against Philip Morris International and Emirati Investors-TA
Lawyers in contact with MSIntelligence want to hear from each Association

We request that all interested Associations notify us of their willingness to participate in this class action, without any commitment on their part at this stage.
Further discussions will endeavor to validate the eligibility of the Association and its members to participate in this procedure.
The confidentiality of the information collected during these interviews is guaranteed by the attorney-client privilege and the rule of client-lawyer confidentiality.