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Here's the executive summary provided by the FBI to the Attorney General's office:

May 15, 1989

FBI SA and US Customs Agents advised Assistant US Attorney that source information and investigation had determined that Atari Corporation was importing 256K DRAMS into the US in false packing containers, and without proper import documents in violation of US import laws and contrary to import agreements between the US and the Japanese Ministry of Industry and Trade. Atari purchases large quantities of DRAMS from Japanese manufacturers for use in their Taiwanese manufacturing plants. Purchasing in Taiwan allows Atari to obtain the DRAMS at a greatly reduced price. There are strict import quotes on the DRAMS, because of Japanese flooding of the market in years previously but there are no import duties. By shipping the DRAMS in the U.S., Atari can thereby increase the price by approximately four times their purchase price. The original manufacturers, whether Fujitsu or Mitsubishi would not be allowed to import this quantity at this price into the U.S., because this practice stifles U.S. manufacturers.

Investigation determined that Atari was importing large quantities, 150,000 or more a wekk into the U.S. since May,1988. None were declared through U.S. Customs, and it appears telexes and telephones were used to order specific quantities in furtherance of this scheme.

Based on the above, Assistant US Attorney stated he would consider prosecution of this matter under the Wire Fraud Statutes or 1001 Falsification of Import Documents.

SOURCE: FBI Case 87A-SF-40454, Pages 42-43




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