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2009 SESSION

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SB 1302 Master Settlement Agreement; makes several changes to enhance criminal enforcement activities.

Introduced by: Robert Hurt | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Master Settlement Agreement; criminal enforcement activities; penalty.  Makes several changes to enhance criminal enforcement activities. The bill provides that any tobacco product manufacturer, stamping agent, or importer of cigarettes, or any officer, employee, or agent of any such entity, who knowingly and with the intent to defraud, mislead, or deceive, makes any materially false statement in reports, documents, and tax returns required to be filed or kept under the Master Settlement Agreement or other substantive law is guilty of misrepresentation in a commercial dealing with the Commonwealth, a Class 6 felony. The Attorney General is authorized to prosecute such cases. The bill also requires persons to file cigarette delivery sales information with the Attorney General in addition to the current requirement that such information be filed with the Virginia Alcoholic Beverage Control Board. The bill adds criminal penalties for failure to file the required information; under current law all penalties are civil. The Attorney General is authorized to assess the civil penalties and prosecute criminal violations. In addition, the bill includes within the definition of "racketeering activity" the filing of false reports under the Tobacco Product Manufacturers Act, of false reports of cigarette delivery sales, and of false tobacco tax reports.


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