By Pam Martens: September 20, 2012

When we read the lawsuits involving Wall Street – firms colluding with each other, document shredding, lawyers’ hiding evidence, decades of deceiving the American people, strong arm tactics, deceptive trade associations – it all has a familiar ring. It should. Wall Street is following in the footsteps of Big Tobacco.

And there’s one more common bond that should deeply trouble every American. The law firm that fronted for Big Tobacco for four decades, Covington & Burling, has its former lawyers ensconced in three of the top slots at the U.S. Justice Department. Now Covington & Burling has become Wall Street’s go-to guys for legal counsel in a growing roster of alleged crimes.

The public, and Congress, have a pressing need to question how a law firm that was cited by a U.S. District Court, an Appellate Court and the U.S. Supreme Court as playing a central role in coordinating the illegal activity of Big Tobacco – activity that callously harmed the health and welfare of both children and adults, ended up sending three of its lawyers to the top slots at the Nation’s highest law enforcement office.

Both Eric Holder, the U.S. Attorney General, and Lanny Breuer, the Assistant Attorney General for the Criminal Division were Covington & Burling partners before they joined the Justice Department. Dan Suleiman, who also worked at Covington and Burling, became the new deputy chief of staff and counselor to Lanny Breuer on July 16 of this year. Since 2008, employees of Covington & Burling have contributed $347,951 to President Obama’s campaigns.

In 1999, the United States took on the depraved tobacco industry, suing the largest firms under the Racketeer Influenced and Corrupt Organizations Act (RICO). The government charged that the tobacco companies engaged in a four-decade conspiracy to mislead the public about the dangers of smoking, distort the dangers of secondhand smoke, lie about the addictiveness of nicotine, deceitfully market cigarettes as light or low tar while fully aware that these products were as hazardous as regular cigarettes, and unconscionably target the youth market as “replacement smokers.”

Following a nine-month bench trial, 14,000 exhibits, live testimony from 84 witnesses and written testimony from 162 witnesses, on August 17, 2006, Judge Gladys Kessler of the U.S. District Court for the District of Columbia issued a 1,683 page opinion. The Court found that “Cigarette smoking causes disease, suffering, and death. Despite internal recognition of this fact, Defendants have publicly denied, distorted, and minimized the hazards of smoking for decades.” The Court also found the following:

“Finally, a word must be said about the role of lawyers in this fifty-year history of deceiving smokers, potential smokers, and the American public about the hazards of smoking and second hand smoke, and the addictiveness of nicotine. At every stage, lawyers played an absolutely central role in the creation and perpetuation of the Enterprise and the implementation of its fraudulent schemes. They devised and coordinated both national and international strategy; they directed scientists as to what research they should and should not undertake; they vetted scientific research papers and reports as well as public relations materials to ensure that the interests of the Enterprise would be protected; they identified ‘friendly’ scientific witnesses, subsidized them with grants from the Center for Tobacco Research and the Center for Indoor Air Research, paid them enormous fees, and often hid the relationship between those witnesses and the industry; and they devised and carried out document destruction policies and took shelter behind baseless assertions of the attorney client privilege.”

The Court stated in footnote that “Despite the apparent conflict of interest, a few law firms, particularly Covington & Burling and Shook, Hardy & Bacon, represented the shared interests of all the Defendants and coordinated a significant part of the Enterprise’s activities.”

The Court further noted in a footnote that wrongdoing on the part of lawyers for the tobacco industry appeared to be continuing into the present. The Court made the following findings specific to Covington & Burling, the law firm that has three top posts in today’s U.S. Justice Department.