Framatome Connectors USA, Inc. - Page 59




                                       - 59 -                                         
          subsidiaries when sold are as follows:  $35,000,000 for FC-                 
          Belgium, $2,168,245 for FC-Switzerland, $4,100,000 for FC-Spain,            
          and $11,668,757 for FC-Italy.  The value of FC-Belgium and FC-              
          Switzerland ($37,168,245) is 70 percent of the total value of the           
          four subsidiaries ($52,937,002).  Seventy percent of $1,639,294             
          is $1,147,506.  We conclude that Burndy-US transferred excess               
          value in the amount of $1,147,506 to FCI in 1993 through the use            
          of inflated exchange rates.                                                 
               c.   FCI’s Purchase of Yen With French Francs on July 30 and           
                    August 2, 1993                                                    
               FCI paid FF300,356,423 on July 30 and August 2, 1993, to buy           
          yen to pay Furukawa and Sumitomo for 40 percent of the Burndy-              
          Japan stock.  Respondent contends that FCI paid $387,76726 too              
          much for those yen and required Burndy-US to pay that excessive             



               26  Respondent calculates this amount as follows.  On July             
          30, 1993, FCI bought �2,620,728,213 for FF150,000,000 at a                  
          conversion rate of �.05723 to FF1.  The published exchange rate             
          on that day was �.056700 to FF1.  �2,620,728,213 equaled                    
          FF148,595,289 using the published rate.  FCI paid FF1,404,711               
          (FF150,000,000 less FF148,595,289) more than the published rate             
          when it bought �2,620,728,213 on July 30, 1993.  FF1,404,711 is             
          $235,571 according to the published exchange rate of FF5.9630 to            
          $1 on July 30, 1993.  Respondent contends that FCI received a               
          $152,196 constructive dividend due to the Aug. 2, 1993, exchange            
          rate difference.  On Aug. 2, 1993, FCI bought �2,589,271,787 for            
          FF150,356,423 at a conversion rate of �.058069 to FF1.  On that             
          day the published exchange rate was .057715 yen to FF1.  Thus, on           
          Aug. 2, 1993, �2,589,271,787 equaled FF149,439,822 based on that            
          exchange rate.  FCI paid FF916,601 (FF150,356,423 less                      
          FF149,439,822) more than the published exchange rate when it                
          bought �2,589,271,787 on Aug. 2, 1993.  FF916,601 is $152,196               
          according to the published exchange rate of FF6.0225 to $1 on               
          Aug. 2, 1993.  $235,571 plus $152,196 = $387,767.                           





Page:  Previous  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  Next

Last modified: May 25, 2011