Vol. 8 No. 92                                                                  WE COVER THE WORLD                                                   Monday August 31, 2009

 

Air Cargo Pfeil After Price Fix Jail

(Exclusive)—Timothy Pfeil, left (pronounced File) understands up close & personal what kind of downward pressure the ongoing price fixing scandal can bring to individuals in air cargo.
     Timothy spent six months in U.S. Federal Prison moving from high profile management level in air cargo to jail cell and then back again to the industry that for some reason he says he still loves.
     Timothy Pfeil was SAS Cargo Area Director of Sales-The Americas, based in Newark when the former Scandinavian Airlines employee was told by his boss to destroy documents relating to the collusion charges the airline pleaded guilty to last year.
     Pfeil later testified in U.S. District Court that it was Jan Lillieborg (pictured here) who at the time served as SAS Cargo Vice President Global Sales based in Stockholm, who told him to destroy documents on the same day workers from the Danish Competition Council raided the company’s offices at Copenhagen Kastrup Airport.
     That was in February 2006.
     What happened next is documented except to say what had taken this air cargo executive years to build came crashing down all around him as he traded his personal freedom for the lockup.
     Today Timothy Pfeil is Vice President of Sales and Airline Relations for Platinum Cargo.
     His old boss Jan Lillieborg was indicted in USA on charges of conducting illegal activities in the case, including obstructing justice.
     Just last week Jan was fired from his job at Green Cargo based in Solna, Sweden.
     Mr. Lilleborg, as this is written Saturday August 29, is reportedly being sought by Interpol and is on the lam one step ahead of the law somewhere in Europe.
     So add, to two individuals sentenced to jail time and another who is avoiding law enforcement, a growing list of air cargo executives and hundreds of millions of dollars taken down by the price fix scandal.
     So far SAS has paid fines totaling about $56 million.
     As you read this, the story is therefore far from over because in addition to probable capture and prosecution of Lillieborg, SAS Cargo still faces additional liability as EU investigations continue.
     For his part Timothy Pfeil is still living in some doubt while cooperating with authorities here.
     “These days I am extremely careful about saying anything that could in any way cause a problem for U.S. DOJ’s ongoing investigation,” he said.
     “I do not ever want to go back to Federal Prison.”
     Despite the glare of the price fix scandal in media around the world, a bright spot to all of this, Tim says, is that people have responded with quiet and determined support, meaning despite all the pontificating by the U.S. Feds and others, some people in air cargo take a measured look at the situation.
     Best example of the last sentence is Don Cochran (left) and the Platinum Air Cargo Team where Timothy works today.
     Platinum did not allow the heat of headlines to affect their judgment of a loyal and talented air cargo executive who got caught up in what has become an ever-widening web of prosecutions against people and companies in air cargo.
     “Platinum has stood behind me 150%,” Timothy Pfeil said.
     “I am also very humbled by the graciousness that the air cargo community, especially at JFK in New York has shown in welcoming me back to work.
     “I am proud to be a continuing part of this great industry.”
     You look at this guy who can speak like this after the unspeakable happened to him and can only wonder.
     All of us through our own love of work and company, misunderstanding or zeal to protect our jobs or coworkers might have thrown ourselves under the bus for some or all reasons that motivated Timothy Pfeil in 2006.
     Bruce McCaffrey, who faced the same Armageddon as Tim Pfeil, told me that he never thought twice about the charges that DOJ threw at him figuring, after spending more than a quarter century humping and running air cargo for Qantas and never doing anything including remodeling the men’s room at Qantas Freight LAX without complete line item authorization from Australia, Qantas would handle DOJ and the charges.
     But when that did not happen and he was faced with defending himself as Qantas left him twisting in the wind, he copped a plea.
     Both Bruce and Tim and Jan, as well as a growing list of air cargo executives will have to face the music alone during this ongoing era of price fixing, with its expanding number of prosecutors who have come out of the woodwork from an ever-widening circle of countries, eager to make their reputation at air cargo’s expense
     But Tim is out there, doing business because some of us will stand up for each other, as confirmation to all of us, that life goes on and all things pass.
     Bruce McCaffrey, while not challenging his jail time or pleading about his ill health, has also carried himself with dignity and determination.
     Increasingly a question being raised by more than a few people in and out of air cargo is when will enough be enough?
     An answer may be found, when that high profile media story that broke a couple of weeks ago when Australia came forward with charges against Emirates, is played out next month down under.
     Emirates said it prefers to fight rather than fold.
     Interestingly New Zealand Commerce Commission, (NZCC) investigated ANZ and other airlines including Emirates a year ago against similar claims that they were involved in a cargo cartel between 2002 and 2006 and decided not to proceed.
     So maybe Emirates will be the watershed moment in the price-fix circus that so far has milked millions and clobbered hapless employees in air cargo?
     Anybody who doesn’t think law enforcement is not a bit out of control here is not paying attention.
     From the outside looking in, EK would seem to have some back up as it goes up against the Australian Competition and Consumer Commission (ACCC) that claims that EK & ANZ colluded on the trans-Tasman.
     Rob Fyfe, (left) ANZ CEO has said that never happened.
     Speaking to the New Zealand Press Association (NZPA) Mr. Fyfe said:
     "Our own thorough review of the documents shows that Air New Zealand acted appropriately in all our discussions and communications," Mr. Fyfe said.
     “In September 2003, Air NZ was beginning the introduction of A320 aircraft onto the trans-Tasman route, which created a shortage of cargo capacity because they replaced wide-body aircraft,” NZPA said.
     “At about the same time, Emirates had just entered the Tasman market bringing massive over-capacity of passenger and cargo services, making them a logical source of extra wide-body capacity.”
     "This was the context of discussions with Emirates which after some negotiation, resulted in a cargo Special Prorate Agreement (SPA); a very standard and entirely legal agreement in the airline industry,” Mr. Fyfe said.
     Letters, e-mails and telephone conversations between Air New Zealand managers and their counterparts at Emirates will be used as evidence, The Sydney Morning Herald said last week.
     Unfazed, an eyebrow-raising date of September 11 or 9/11 has been selected for everybody to show up in Australian court.
     Stay tuned.
Geoffrey

 

     Air Cargo News FlyingTypers leads the way again as the world’s first air cargo publication to connect the industry to the broadly expanding and interactive base for social commentary—Twitter.
     Here are updates from Twitter so far this week. To be added to this 24/7/365 service at no-charge contact: acntwitter@aircargonews.com

August 30:   British Airports said July was busiest since 2006 and LHR's third-busiest month ever. Cargo tonnage of minus 11.7% described as improvement.

August 30:   Future can be described as tenuous for fleet of 19 Lufthansa freighters if FRA night operations slashed. Carrier said it needs 23 (pax/cgo) overnights by 2020.

August 30:   Encouraged by 1/2 off landing fees and other perks (visas are still a pain) 16 pax & cargo carriers agreed to fly to Imperial Hue Vietnam below.

August 30:   Gadzooks! The meltdown must be real! Singapore Airlines during quarter ended 6/30 reports its first quarterly loss in six years with air cargo minus 19%.

August 30:   Ethiopian, Egypt, Kenya Air & South African should make a killing during 2010 World Cup in South Afric- but most other African carriers are broke.

August 29:   Air Freight Asia Sept 8 a no- show for display stands from Cathay Pacific or Mainland Chinese, Sub- Continent or Middle East carriers.

August 29:   Lifter that will not go away. With 5 orders for cargo airplanes from Ukranian AF, and the usual money problems, Antonov-70 lifts 20 tons, operates from unimproved runways & aims at A400M but costs 40% less per aircraft.

August 29:   As U.S. rail business slows forcing hundreds of thousands of rolling stock out of service, grant-aided order to Nat Rail Equip for 14 N-ViroMotive yard-work locomotives is welcomed.

August 29:   Korean Cargo adds third weekly B747-400F at Toronto Pearson taking advantage of lower landing fees & Canada/Korea Open Skies.

August 29:   IBS Software based in Thiruvananthapuram, India has deal with Russia's S7 Cargo for cargo management solution iCargo.

August 28:   Sri Lanka Custom's said BIA Air Cargo at CMB (above) got death threats as bio-piracy scam uncovered and thwarted an export shipment of mislabeled rare and protected Kekatiya water plants.