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Martin George and 3 other BA Execs are potentially in BIG trouble

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Martin George and 3 other BA Execs are potentially in BIG trouble

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Old May 30, 2007, 7:21 am
  #1  
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Martin George and 3 other BA Execs are potentially in BIG trouble

I've seen no comment about this article that appeared in the Times a couple of days ago. You've heard of the Natwest Three, now we have the BA Four.

http://www.timesonline.co.uk/tol/new...cle1845234.ece

AMERICAN government prosecutors are preparing for the extradition of four current or former British Airways executives accused of involvement in a price-fixing scandal.
It had previously been thought that only two BA executives were involved in the inquiry. Martin George, BA’s commercial director, and Iain Burns, its head of communications, were both given leave of absence when BA revealed the existence of the inquiry last June. They resigned last autumn.

It has now emerged that two other BA executives, who still work at the airline, are being investigated. American legal sources said one was a senior executive in the marketing department, the other a rising star on the commercial side.
The maximum sentence for price-rigging in America is life imprisonment.


The tariffs for this crime in the US are ridiculous. They better hope the OFT prosecutes them, otherwise the DOJ certainly will.

More links:

http://www.telegraph.co.uk/money/mai.../20/cnba20.xml

http://www.timesonline.co.uk/tol/com...cle1848345.ece

The last one is interesting to this case. If it is clear that if price fixing has occurred, both BA and Virgin are guilty. Logic determines that - prices can only have been "fixed" if both parties "fixed" them at around the same time. But because of the immoral "plea bargaining" situation in America, Virgin have been able to claim immunity by helping the prosecution of BA. But they are as guilty as BA! Furthermore their evidence will be tainted by a massive conflict of interest - namely that they are BA's main competitor. And not one of the BA executives will be able to see the evidence against them, never mind be able to defend themselves against it, before extradition because the US won't even have to provide it!

It really is time to rip up this probably illegal and certainly disgracefully immoral and unethical treaty with the US.

Last edited by PhilH; Aug 8, 2008 at 3:02 am
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Old May 30, 2007, 7:25 am
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Originally Posted by PhilH
It really is time to rip up this probably illegal and certainly disgracefully immoral and unethical treaty with the US.
^ ^ ^
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Old May 30, 2007, 7:29 am
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Originally Posted by PhilH
It really is time to rip up this probably illegal and certainly disgracefully immoral and unethical treaty with the US.
Totally agree - and can we say 'one sided' too please.

Reminds of the classic Spitting Image sketch where Ronnie was leaving the UK and waving goodbye to Thatcher. His parting line was "Damn fine woman. Shame I'm only screwing her country.".

Not much has changed really...

BAH
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Old May 30, 2007, 7:50 am
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Originally Posted by PhilH

It really is time to rip up this probably illegal and certainly disgracefully immoral and unethical treaty with the US.
Quite agree ^
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Old May 30, 2007, 8:14 am
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Originally Posted by BAHumbug
Totally agree - and can we say 'one sided' too please.

Reminds of the classic Spitting Image sketch where Ronnie was leaving the UK and waving goodbye to Thatcher. His parting line was "Damn fine woman. Shame I'm only screwing her country.".

Not much has changed really...

BAH
Ahahahahah! ^
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Old May 30, 2007, 8:34 am
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Originally Posted by PhilH
But because of the immoral "plea bargaining" situation in America, Virgin have been able to claim immunity by helping the prosecution of BA.
Before we get on our high moral horse about how we do things so much better here, virtually identical rules about immunity exist in UK competition law (or EU competition law, for that matter).
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Old May 30, 2007, 8:43 am
  #7  
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Originally Posted by PhilH
I've no doubt that the Martin George and Iain Burns appear to have been guilty of price fixing, although the tariffs for this crime in the US are ridiculous.
Ah, the debate about white collar crime which supposedly doesn't harm anybody...
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Old May 30, 2007, 8:56 am
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Originally Posted by NickB
Before we get on our high moral horse about how we do things so much better here, virtually identical rules about immunity exist in UK competition law (or EU competition law, for that matter).
Indeed. And the common approach on this issue recognises that price-fixing is (a) very damaging to consumer interests; (b) very difficult to detect. The immunity only extends to criminal prosecution and only if you are the first out of the cartel to blow the whilstle. Virgin still have to face the civil claims that inexorably follow.

I can't imagine anyone thinks that Virgin comes out of this affair covered in glory.
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Old May 30, 2007, 9:05 am
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Originally Posted by jhm
Ah, the debate about white collar crime which supposedly doesn't harm anybody...
Er, that's not my point at all. White collar crime clearly does harm people. But life imprisonment for price fixing? As the Americans would say, give me a break!
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Old May 30, 2007, 9:14 am
  #10  
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Originally Posted by PhilH
But life imprisonment for price fixing?
The maximum sentence doesn't mean it is the sentence!
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Old May 30, 2007, 9:54 am
  #11  
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Originally Posted by PhilH
Er, that's not my point at all. White collar crime clearly does harm people. But life imprisonment for price fixing? As the Americans would say, give me a break!
For federal crimes, the U.S. uses a "scorecard" system for determining sentence within a range set-forth by statute. Both aggravating and mitigating factors are considered. As was noted above, few, if anyone, gets the maximum for "white collar" crimes.

Also, ^ to the poster who noted that the EU and UK competition laws are very similar to those of the United States. My parent company recently paid a US$400m fine to the EU for price-fixing done by nine employees in one of our sister companies. For better or worse, competition laws are taken very seriously by governments on both sides of the Atlantic and penalties (both criminal and financial) are severe.
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Old May 30, 2007, 9:59 am
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Originally Posted by PresRDC
For better or worse, competition laws are taken very seriously by governments on both sides of the Atlantic and penalties (both criminal and financial) are severe.
That's quite true.

The one-sided extradition process is a joke though. Or would be if it wasn't so blatantly unfair and such a serious matter.

BAH
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Old May 30, 2007, 10:03 am
  #13  
 
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Originally Posted by BAHumbug
The one-sided extradition process is a joke though. Or would be if it wasn't so blatantly unfair and such a serious matter.
And who do we have to thank for this treaty?

None other than the Vicar, soon to be replaced by the Treasurer of St. Albions. As we know, he'd do almost anything to please the Rev Dubbya (of the Church of the Latter Day Morons).
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Old May 30, 2007, 12:34 pm
  #14  
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Originally Posted by BAHumbug
That's quite true.

The one-sided extradition process is a joke though. Or would be if it wasn't so blatantly unfair and such a serious matter.

BAH
Sadly, if we didn't have it they would probably just send in the Langley boys to pick people up, saw a documentary on this on BBC1 late last night.
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Old May 30, 2007, 12:43 pm
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Originally Posted by Jimmie76
Sadly, if we didn't have it they would probably just send in the Langley boys to pick people up, saw a documentary on this on BBC1 late last night.
Well if they did that of course, it would be a whole different ball-game. The current 'modus operandi' at least has the veneer of legality to it...

Kidnapping from a supposedy friendly country shows a government for what it really is.

BAH
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