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Four Infineon Execs Agree to Plead Guilty In DRAM Price-Fixing Conspiracy

In early December, the U.S. Department of Justice announced that four Infineon Technologies executives agreed to plead guilty to participating in an international conspiracy to fix prices in the DRAM market. Each of the executives has agreed to pay a $250,000 criminal fine and serve prison terms ranging from four to six months for their participation in the conspiracy.

The one-count felony charge filed in the U.S. District Court in San Francisco named Heinrich Florian, Günter Hefner, Peter Schaefer, and T. Rudd Corwin as having participated in a conspiracy to fix the prices of DRAM sold to certain computer and server manufacturers. Under the plea agreements, which must be approved by the court, all four executives have agreed to serve a term of imprisonment, pay a criminal fine, and assist the government in its ongoing DRAM investigation.

Three of the four men were charged with fixing DRAM prices during 2001 and 2002. Florian, a German citizen who worked at the time as Infineon's VP for sales, marketing and logistics for memory products, and then later as the VP for marketing and logistics, agreed to serve a six-month prison sentence and pay a $250,000 criminal fine.

Hefner, also a German citizen, served as VP of sales for memory products at the time, and will serve a five-month prison sentence and pay a $250,000 criminal fine.

Schaefer, a German citizen, worked in San Jose, Calif., as Infineon North America's VP of marketing, sales and logistics for memory products during at least part of the relevant period. He has agreed to serve a four-month sentence and pay a $250,000 criminal fine.

The fourth man, Corwin, is a U.S. citizen charged with fixing DRAM prices between 1999 and 2002. During this period, Corwin worked in San Jose, Calif., as Infineon NA's VP for customer marketing and sales of memory products. He has agreed to serve a four-month sentence and pay a $250,000 criminal fine.

On Oct. 20, 2004, Infineon Technologies pleaded guilty to a charge of participating in the same conspiracy and was sentenced to pay a $160 million criminal fine ? the third largest fine in antitrust history.

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