KIRAT

HOUSING
DEVELOPMENT
SOCIETY
Group 10

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 If you were Lee, what short and long term courses of
action would you take?

■ Lee should be debriefing all those incidents which were occurred during the
meeting with colonel and Yousuf to the Orion’s Chairman at once. He should also
be asking for the future course of action about the way he should deal with these
type of cases of bribery to the higher authorities and should be ready to take legal
actions if its needed.

What is Karl's role in this situation? How can you best leverage his
presence to move toward your desired outcome

■ Karl Lehner being the project management director and a senior to Phill do have a
better understanding about the situation . He should be supportive of Phill and
should back him when he is addressing the concerns to higher authority.

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 In your estimation , what is the percentage of Fortune 500 companies that
have been asked for bribes in a large contract negotiation in the BRICS
countries?
■ According to our estimation almost every Fortune 500 companies have been asked for bribes
in a large contract negotiation in the BRICS countries at least once. As per 2018 Corruption
Perceptions Index Brazil ranked 105, Russia 138, India 78, China 87 and South Africa 73
among 180 countries
What are some ways that an organization could prevent an inexperienced
employee like Phil from getting into this kind of situation in the first place?
■ A new recruitee should be made aware of all the company policy against corruption and law
of the land, also its consequences during his training period. Also there should be a zero
tolerance policy against corruption so that employees never gets into these kind of situations

From the perspective of Col. Bhaman and Yusuf, how could Phil’s acceptance of
the gift left in his hotel room be best used to influence the situation in their
favour?
■ If Phil accepts the gift, this will send a signal that his is on board with Yusuf. Then they can
black mail Phil to lower the bidding price. Also they can use Phil for future benefit in similar
projects
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 Board level perspective

Assume you were a board member who had just received a

memo from the chairman explaining Phil's perspective on
what happened in his meeting with Yousuf. How would you
handle each stakeholder (KHDS, Karl, Phil, fellow board
members, CEO)?
■ As a board member you should advice against violating FCPA, even if it
means loosing the bid. Phil Lee should not face any repercussions if
they loose the bid because they did not comply with Yousuf’s demands.
If Orion decided it did not want to win the contract through
illegal means but wanted to maintain a relationship with
KHDS, what tactic would best allow it to do so?
■ Orion should withdraw from the bidding process while providing
technical reasons.

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 Whistleblowing as an alternative:
If Phil decided to go to the authorities as a whistleblower, what
short and long term career consequences might it have?

■ According to the provision of Dodd Frank Act introduced in 2012, a

whistle blower’s identity will be protected and awarded up to 30% of the
value of the resulting judgement against an FCPA violator
■ In the short run he may get fired from Orion Information Technology
Consulting and get monetary benefit in accordance with the Dodd Frank
Act
■ And in the long run he may face difficulty in getting employment in some
companies as they may not recruit an employee who can go against their
own company. Also the companies who have high ethics and value will
be happy to employ such an employee whose personal ethics, value and
integrity is in sync with companies value
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 Given the FCPA text provided in Appendix 1 of the case, does
Yousuf's suggestion of delivering the payment through hiring him
as an external consultant present a means around the FCPA? Why
or why not?

Yes, Yousuf suggestion will come under the FCFA act as it is satisfying all the five
distinct elements
■It is a payment made to Yousuf for winning the deal
■We are the giving the payment for another person who is a foreign official
■The payment is made for a corrupt motive as we are trying to by pass the regular
bidding process and to win the project in bidding
■We are making payment to influence Yousuf for winning the bid that is against his
lawful duty and taking advantage of his position.
■We are making payment for obtaining the project with may be we can’t able to win
when we didn’t make a payment

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