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Infineon Execs Plead Guilty to Price-Fixing

An anonymous reader writes "Executives at Infineon Technologies plead guilty to an international conspiracy to fix prices in the DRAM market. Heinrich Florian, Günter Hefner, Peter Schaefer and T. Rudd Corwin, executives for Infineon Technologies, had a felony filed against them yesterday in the U.S. District Court in San Francisco. Each executive could spend up to six months in prison and will have to pay a $250,000 fine. Under the plea agreement, they must also assist the government in its DRAM investigation. Infineon agreed in October to pay a $160 million fine for its role in the conspiracy, according to the Justice Department."

20 of 195 comments (clear)

  1. An honest question.. by lordsilence · · Score: 5, Insightful

    If there has been a widespread "price-fixing", will there be any refund for those who has bought these overpriced memory devices?

    1. Re:An honest question.. by Anonymous Coward · · Score: 5, Insightful

      I'm sure a class-action lawsuit will be along soon. Just wait; you'll recieve a check for 3 cents within the year! Just don't ask what the lawyers got.

    2. Re:An honest question.. by One+Blue+Ninja · · Score: 3, Interesting

      Ahahahahaha! Sure, if you're one of the lawyers who filed the suit... Otherwise, the gov't gets the money. Did you think the lawyers really filed suit on OUR behalf? Come, now... :-) Plus, I'm sure the $160 million fine the company paid paled in comparison to how much extra they charged consumers, and the execs surely made a lot more than the $250,000 fine they have to pay. In essense, pleading guilty and paying the fines is just good business, in the same way that paying a $35 parking ticket in NYC while on a $2,500 service call is just good business... Sad.

    3. Re:An honest question.. by mog007 · · Score: 4, Insightful

      Where is the logic behind this judgement? Ignore that it'll get appealed, and focus on this. A 250,000 dollar fine?! That's insane. These companies make upwards of millions of dollars and you fine them a quarter of a million? $250,000 is what the MPAA has established as fair for uploading a movie through bittorrent.

    4. Re:An honest question.. by cyberise · · Score: 5, Informative

      Sure the companies make the millions of dollars and that is why Infineon was fined that 160 million. Im sure that the $250,000 fine per executive is going to make them feel some hurt in the wallet.

    5. Re:An honest question.. by arose · · Score: 4, Funny

      Isn't that a fine for the executive? Why not just use RIAA math and fine them $ 250 000 per sold ram stick?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    6. Re:An honest question.. by drjimmy42 · · Score: 3, Informative
      These companies make upwards of millions of dollars and you fine them a quarter of a million?
      That is the fine for the individuals involved. The company was fined $160,000,000. That's slightly more painful.
      --
      If you're not part of the solution, you are part of the precipitate
    7. Re:An honest question.. by mcc · · Score: 3, Insightful

      Not quite. It's a $250,000 fine (and in some cases some short jail terms) for each of the executives and a $1.6 million fine for the company, and it would be awfully weird for any of this to be appealed as it all appears to be part of plea agreements. Unfortunately, this is still quite probably not enough to realistically undo the gains that either the executives (how much did Ulrich Schumacher make a year?) or the company made off of the price fixing action. In fact as far as I can tell it appears that the company fine may not have even been as large as the litigation costs Infineon spent in the court cases that preceded the fine.

      But this just appears to be the model being pioneered for widescale use by the Bush Department of Justice: Corporate crime, defrauding investors and consumers, using a company on which other peoples' livelihoods rest as a device to line your own pockets, antitrust violations, and similar things aren't illegal anymore, exactly; they're just taxed.

      Of course, for whatever reason, we call them fines instead of taxes-- and go through the formality of preceding them with a court case-- but this really isn't much of a meaningful difference. Even if you get caught doing such things it is increasingly rare that the penalty for breaking the law really exceeds the benefits of having broken the law; in some cases, such as the Microsoft antitrust actions of the late 90s, breaking the law and then simply paying the fine for having done so appears to have been the best long-term business decision available. In this sort of context the fines really cease to have any punitive nature and criminality just becomes another potential strategy in the playbook of a discerning executive. The risk is there that you will be made an example, Martha Stewart style, and meaningful jail time will occur and families and careers will be ruined; but the risk is acceptable, and it may turn out to be worth it in the long run even in the worst case scenario.

      As for the government's point of view, the upshot, it seems, at this point is that the government doesn't object in any form to white collar crime, antitrust violations or executive malfeasance; it just wants a cut of the crime's profits.

      Meanwhile, Infineon isn't quite off the hook yet; this fine is just the U.S. response. As far as I know Infineon is facing similar charges in Europe which have not gone through yet...

    8. Re:An honest question.. by One+Blue+Ninja · · Score: 5, Insightful
      Well wait a minute, what about the 6 months of jail time? That seems like a real punishment, if they actually end up serving it. And if they all serve it at once, it won't be too good for business!
      I hope you're right. But this *IS* America, so rich white corporate execs don't suffer prison time quite the same way everyone else does. Remind me again which cell block Ken Lay, Jeff Skilling, and Bernard Ebbers are in?

      Between shady deals with prosecutors, early parole, and the favors their money can buy, I don't think he'll actually be in for 6 months. If he iis, I'm sure it will NOT be in a hard-core prison.

      Young black male convicted of $1,000 robbery: 20 years hard time.

      Rich white exec, convicted of robbing millions of people out of billions of dollars: a few months in minimum-security.

      And they have the gall to call themselves the "Justice Department".

    9. Re:An honest question.. by Clay+Pigeon+-TPF-VS- · · Score: 4, Informative

      There is no parole for federal crimes. IANAL (yet), but I interned in the USAO in DC 2 years ago. You serve your whole sentence. There is no time off for good behavior.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
  2. Flash: Greed comes to Man Kind by rinoid · · Score: 4, Interesting

    Is this surprising?

    The rest of the world is getting obese just like Americans... everyone is greedy to a point. Some are just able to carry their greed to the point of complete selfishness and totally ignore the high percentage of people who have a hard time just keeping a roof over their heads.

    What the heck will it take? Evolution of the human species? I always think back to those old Star Trek episodes where they land on some planet where the inhabitants laugh kindly at Earth's culture because they have learned to live without greed, take care of everyone, and actually enjoy sex rather than codify it.

    I don't know why I want to write this... mod at your leisure.

  3. 6 months? by _w00d_ · · Score: 5, Insightful

    We need stiffer penalties against crimes like this. 6 months and $250,000? These execs stand to make tons more conducting illegal business than what they'll have to give up if they get caught. There has to be many more companies using illegal business practices in the US to get ahead, they just haven't been caught yet. This sentencing doesn't seem like it will be a real deterrent for that kind of behavior either.

  4. YRO? by bobbagum · · Score: 3, Insightful

    Why exactly is this in your rights online? Maybe we need a legal section, or perhaps evil companies section

  5. Sometimes this sort of behaviour may not be so bad by Anonymous Coward · · Score: 4, Insightful

    I can't help but remember the time when there was a glut of RAM, too many factories were built and RAM was cheap. Yes, that was good, in the short term, but the problem was that the low price lead to manufacturers going out of business and prices shot up.

    The RAM industry is harsh. It's a commodity, and there's probably little profit in it. Little enough to make starting up a RAM factory, or updating the tech, a big financial risk. Above all we need stability in it.

    Yes, market economies are good, but not perfect. Maybe this is an example where some amount of regulation is required to assure a steady supply of quality RAM? In a sense, price fixing can be compared to regulation. It's usually illegal and often undesirable, but maybe sometimes it serves a purpose?

    Yes, I'd like to get cheap RAM, but not at the expense of quality, innovation or stability. It may be bad for us in the long run that Infineon is going out of business. As I understand it, the market is dominated by four major players. Will there be three now? Will it eventually become even more of a monopoly? I hope not. It would be to our detriment.

    Off topic - I wonder when DDR2 is going to ramp up to the point where it's actually better than DDR. From what I've seen, the extra latency kills any performance gains it might have with current chipsets and clock speeds.

  6. Still a lot of bad business out there by SwedeGeek · · Score: 5, Insightful

    Anyone think the Infineon execs will take this as badly as the CEO of CyberNET (see this article)??

    It somewhat still amazes me that these people think because they are supposedly good at business that they are going to be good at breaking the law. At what point does making an amazingly fat paycheck stop a person from wanting more? As incidences like these continue to happen, I get closer and closer to believing it never ends... and that's not even mentioning the big ones like Enron and MCI.

    Here's a vote to salary caps in the corporate world!!!

  7. Re:Now why couldn't the DOJ have by One+Blue+Ninja · · Score: 5, Insightful

    Because MS is an American company, so the DOJ/US Gov't make money off MS. Infineon is an "evil company" because they're "foreign", and taking advantage of us poor Americans. If it's the other way around, the DOJ doesn't give a damn. Plus, the DOJ is currently too worried about porn.

  8. translation by frovingslosh · · Score: 5, Insightful
    Infineon agreed in October to pay a $160 million fine for its role in the conspiracy, according to the Justice Department

    This translates into:

    Infineon stole so much that they could easily pay a $160 million cut to the government, who wanted their share, even though they did nothing to deserve it. In return they let the company continue to do business as usual, and suggest that they price fix in less obvious ways next time. They also asked the company to offer up a few scape goats, who would get a token amount of time in a federal luxury prison like Camp Cupcake or Club Fed, but would be out in even less time than Martha Stewart. The people who bought the artifically high priced memory get screwed.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:translation by frovingslosh · · Score: 4, Insightful

      What part of Price-Fixing is not clear?

      --
      I'm an American. I love this country and the freedoms that we used to have.
  9. Profiting? by heller · · Score: 4, Interesting

    See, what confuses me is that other felons aren't allowed to profit from their felonies. That's why drug dealer's houses and cars and boats are taken away. But, these execs still get to keep what they earned during the time they were committing their felonies (minus the 3 months pay they're being fined). I guess it's just more proof that crime does pay.

  10. How Dare They?!?!?!?! by DarkMantle · · Score: 3, Funny

    I'm outraged!!! I'm going to stop using Infenion RAM right now!

    **Pulls RAM Out**

    oops... shoulda shutdown first.

    --
    DarkMantle I been bored, so I started a blog.