TOBACCO EXEC SEEKS TO TAKE FIFTH [05/18]

A former top researcher for Philip Morris Cos. sought immunity from possible criminal charges arising from a Justice Department investigation of possible fraud by the tobacco industry, but was turned down, according to a person familiar with the situation.

Thomas S. Osdene, the company's former director of research, made the disclosure while being questioned under oath about the Justice Department investigation and other matters.

Mr. Osdene later invoked his Fifth Amendment privilege against self-incrimination, abruptly bringing the proceedings to a halt, people familiar with the situation said.

Among the documents from Mr. Osdene's files cited in the court papers was a handwritten note that, in part, discussed the routing of certain documents to the company's research facility in Cologne, Germany.

The note stated: "1. Ship all documents to Cologne . . . 2. Keep in Cologne. 3. OK to phone & telex (these will be destroyed)." The memo also stated: "If important letters or documents have to be sent, please send to home -- I will act on them and destroy."

While the memo bears no author or date, it appeared to be in his handwriting, according to Minnesota's court papers.

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