230 



11:30 at night, he copied our files. And he took them from the com- 

 pany. 



As soon as we found out about this, and it's my understanding 

 we found out about it because there was some discussion with his 

 lawyer who was saying, I'll give you your files back if you pay me 

 some money. That's my understanding. And we — we and our law 

 firm in Louisville said, no, that's not what we are going to do and 

 we went to a Kentucky judge, Judge Wye, and got a restraining 

 order to have our files returned. 



Now, we didn't have the — we don't have the physical files, I don't 

 believe. But the restraining order said that they were not to be 

 used, they were not to be publicized because a great many of those 

 files were attorney-client privilege files. And we were absolutely 

 alarmed when we found out that this restraining order had been 

 violated. 



That the press had our files, that Members of Congress had our 

 files and, quite honestly, I didn't think my company was treated 

 pretty fairly because it seemed to be all right for this individual to 

 steal from me and people to accept stolen property. Now, I under- 

 stand that we have taken that to court and I understand that 

 Judge Greene will rule on that. 



Mr. Paxon. Thank you. Did you ever take any action against the 

 individual in question, Mr. Sandefur, I mean legal action? 



Mr. Sandefur. We are still in the process of determining what 

 the situation is. We still have that under consideration. 



Mr. Paxon. Thank you very much. Yield back. 



Mr. Waxman. Thank you, Mr. Paxon. 



Mr. Wyden, we are going to have to go to respond to a vote, but 

 do you want to be recognized at this point to take your second 

 round so far as the time will permit. 



Mr. Wyden. Mr. Chairman, thank you very much. I've got a 

 hearing on a bill very important to the State of the Oregon in a 

 minute. Mr. Sandefur, when I listen to you, I feel a little bit like 

 a conductor at Union Station having to inform you that your train 

 has left the platform. 



You know, it seems to me that Dr. Kessler is building an admin- 

 istrative record that's very clear, that the tobacco industry has the 

 technology to control nicotine. They, of course, have informed us 

 about the matter of bioengineering plants and you can call it some- 

 thing else, but this is how he sees it. They are moving relentlessly 

 towards treating tobacco as a drug. 



I think it is also fair to say that the vast majority of Americans 

 believe that tobacco is addictive, the number of people who prob- 

 ably disagree with that I can fit in the phone booths in the front 

 lobby, so it seems to me this path, apart from any congressional ac- 

 tion, is really going forward. 



And my question to you is: Are you willing to support any 

 changes in the regulatory system of tobacco or is it just going to 

 be business as usual, because it seems to me my first and foremost 

 interest is keeping young people from getting started. The evidence 

 shows that the majority of young people — a majority of the smokers 

 are in effect involved even before the age of 18. So I want to make 

 the focus young people. 



