Author Topic: Insider trading by EADS executives?  (Read 262 times)

Offline Ripsnort

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Insider trading by EADS executives?
« on: June 15, 2007, 09:29:08 AM »
What is the penalty in Europe for this type of behavior if found guilty? Just curious, as we tend to imprison those in the U.S. that are found guilty of insider trading.

Quote
http://www.msnbc.msn.com/id/18918869/

Airbus A380 delays not disclosed for months

PARIS - When did management at Airbus parent EADS know about the profit-damaging delays to the A380 superjumbo jet?

The question is central to investigations by French and German authorities into possible insider trading by EADS executives. On Tuesday, media mogul and EADS co-chairman Arnaud Lagardere answered the French market regulator AMF, and EADS co-chief executives, Louis Gallois and Thomas Enders, spoke to two senators doing their own inquiry.

European Aeronautic Defense and Space Co. and Airbus denied a report Tuesday in business daily La Tribune that Airbus Technical Director Alain Garcia told board members about problems with the A380 on March 7, 2006, the same day executives began selling shares — and three months before the delays were announced.

“This we deny categorically,” said Airbus spokesman Barbara Kracht. “The A380 was not the subject of Mr. Garcia’s intervention.” She did not say what was.

The report relies on evidence from businessman Jean Galli Douani, who La Tribune says is in an ongoing dispute with Airbus over a jet sale.

Douani taped a 20-minute telephone conversation with Garcia in which Garcia said board members had discussed “significant” delays to the program as well as “Airbus’ serious industrial difficulties,” the paper said.

Official records of the March 7 meeting don’t mention the A380, the newspaper said.

Douani delivered the recording to Xaviere Simeoni, the French judge investigating possible insider trading, when Douani was interviewed by the AMF May 2, the report said. The AMF declined to comment.

La Tribune also said it has an internal production document written March 6, 2006, which cut back the A380 delivery schedule for 2007 from 29 superjumbos to 24, leaving the plane maker no margin for error.

The board meeting was the next day, March 7. That evening, then-Airbus co-chief executive Noel Forgeard began selling millions of dollars worth of stock, the newspaper said.

EADS’ Web site shows that Forgeard and other executives exercised stock options within two weeks following the March 6 meeting. In fact, La Tribune said, some 85 percent of the company’s 800 top officials exercised options soon after the meeting, despite a March 8 announcement of record profits in 2005.

As far as ordinary shareholders were aware, Airbus was flying high, beating its American rival Boeing Co. on orders in 2005 and expecting to increase profitability in 2006.

On June 13, 2006, the board met again and announced new delays to the A380. EADS issued a profit warning that sent the stock plunging 26 percent in one day. The stock has yet to recover.

In all, Airbus has suffered from two years of accumulated delays to the 555-seat A380, which have wiped more than 5 billion euros ($6.6 billion) off the company’s profit forecasts for 2006-2010. The company also has to fund the development of the A350, its answer to Boeing’s 787 long-range, mid-sized aircraft. Airbus also has been plagued by a falling dollar — the currency in which it sells its planes — because it pays salaries and other operational costs in euros.

Forgeard left in July with a widely criticized 8.5 million-euro severance package, and a series of management changes ensued. The company announced a huge restructuring plan this year that foresees thousands of layoffs and factory closures. Forgeard has denied accusations of insider dealing, saying he sold the shares before being informed of the A380 production delay.

Arnaud Lagardere, whose company Lagardere SCA holds 15 percent of EADS but intends to cut its stake to 7.5 percent by 2009, said last spring that he had no idea about the A380 production problems and encouraged the AMF to investigate the stock sales.

EADS shares fell 1 percent to 23.39 euros ($31.60) in Paris.


Offline Rolex

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Insider trading by EADS executives?
« Reply #1 on: June 15, 2007, 10:28:22 AM »
Insider trading is a crime in most European countries. In the US, it is a civil violation, not criminal. That's probably not the answer you were fishing for.

Offline wooley

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Insider trading by EADS executives?
« Reply #2 on: June 15, 2007, 10:44:10 AM »
They are lucky they are in France. Had they been in Britain, the US authorities would have demanded their extradition and tried them in Texas - despite no crimes happening in th US.

And of course, Tony would have agreed.



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Offline Yeager

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Insider trading by EADS executives?
« Reply #3 on: June 15, 2007, 10:57:53 AM »
In the US, it is a civil violation, not criminal.
====
As if that somehow expempts the guilty party from a prison sentence here in the states :rolleyes:
"If someone flips you the bird and you don't know it, does it still count?" - SLIMpkns

Offline bustr

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Insider trading by EADS executives?
« Reply #4 on: June 15, 2007, 05:23:07 PM »
They will probably be fined. Soros was found guilty in France of something similar. They fined him. No prison time. On the onther hand if this plays out like an ENRON because of the multi country basis for the AirBus collaberations, the EU might need to make an example of them to maintain the perceived confidence of the unwased EU masses......:rolleyes:
bustr - POTW 1st Wing


This is like the old joke that voters are harsher to their beer brewer if he has an outage, than their politicians after raising their taxes. Death and taxes are certain but, fun and sex is only now.

Offline DiabloTX

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Insider trading by EADS executives?
« Reply #5 on: June 15, 2007, 06:29:09 PM »
Quote
Originally posted by Yeager
In the US, it is a civil violation, not criminal.
====
As if that somehow expempts the guilty party from a prison sentence here in the states :rolleyes:


Only if they die first!   cough, Ken Lay, cough!!!
"There ain't no revolution, only evolution, but every time I'm in Denmark I eat a danish for peace." - Diablo

Offline Ripsnort

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Insider trading by EADS executives?
« Reply #6 on: June 16, 2007, 08:25:04 AM »
Quote
Originally posted by Rolex
Insider trading is a crime in most European countries. In the US, it is a civil violation, not criminal. That's probably not the answer you were fishing for.


Actually, I was hoping someone outside  of Canada, UK or the US would admit that we take it more seriously, and these EADS guys will most likely get off the hook, at the cost of the EU tax payers.

"The United States, the United Kingdom, and Canada are viewed as the countries who have the strictest laws and make the most serious efforts to enforce them"--source