TCR Submitted Successfully - Reference Number:
TCR1439646785831
Tell us about your complaint
Please select the option that best describes your complaint
Bribery of, or improper payments to, foreign officials
(Foreign Corrupt Practices Act Violations)
Please select the specific category that best describes your
complaint
Bribery of foreign officials
Provide additional details about your complaint:
Former General Electric in-house counsel Seema Sapra filed a
legal proceeding in the Delhi High Court (Writ Petition Civil No. 1280 of 2012)
against General Electric Company and two Indian subsidiaries (GE India
Industrial Private Limited and GE Global Sourcing India Private Limited). The
Delhi High Court issued notice in this matter to General Electric Company, GE
India Industrial Private Limited and GE Global Sourcing India Private Limited
on 7 March 2012. A copy of the Delhi High Court order dated 7 March 2012 can be
viewed on the Delhi High Court website at
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=49717&yr=2012 Instead of
appearing before the Delhi High Court in this matter through properly authorized
and competent person/s, General Electric Company lawyers and executives
(including General Counsel Brackett Denniston, and GE in-house lawyers
Alexander Dimitref, Bradford Berenson, and Jeffrey Eglash), caused this legal
proceeding to remain hidden from General Electric Company and caused an Indian
subsidiary employee K R Radhakrishnan to impersonate as the authorized
signatory/ representative of General Electric Company before the Delhi High
Court in these legal proceedings between 2012 and 2015 using fraudulent and
forged authority documents on behalf of General Electric Company. With the help
of this fraud, and using other dishonest, corrupt and illegal means, General
Electric Company is attempting to cover up the corruption and FCPA complaints
against it in connection with its bids for two Indian Railway tenders - the
tenders for the proposed diesel locomotive factory in Marhowra and the tenders
for the proposed electric locomotive factory in Madhepura. Under Indian law, a
lawyer representing a Party to a judicial proceeding must produce on the court
record a duly executed 'vakalatnama', which is a specialized form of a Power of
Attorney granted by the Party to the lawyer to represent it in Court. Under
Indian law, a lawyer cannot appear for a Party in judicial proceedings without
producing a duly executed vakalatnama in his favor by the client. Further under
Indian law, in case the party to the judicial proceeding is a corporate entity,
then the authorized signatory/ representative of the corporate entity who
executes the vakalatnama and other court pleadings on behalf of such corporate
entity, must produce on the court record the documentation that establishes
such person as the duly authorized signatory and representative of the
corporate entity for such legal proceedings. From July 2012 to March 2012, an
Indian citizen named K R Radhakrishnan has unlawfully and fraudulently
impersonated as the authorized signatory and representative of General Electric
Company before the Delhi High Court in Writ Petition Civil No. 1280/ 2012. K R
Radhakrishnan is neither an officer nor employee of General Electric Company.
He claims to be the Company Secretary of GE India Industrial Private Limited
which is a wholly owned Indian subsidiary of General Electric Company. K R
Radhakrishnan has purported to execute vakalatnamas (Powers of Attorney) and
court affidavits/ pleadings on behalf of General Electric Company which were
filed in the Delhi High Court on behalf of General Electric Company. Under the
Board Resolution No.10855 of General Electric Company listing out the persons
who are entitled to execute documents on behalf of General Electric Company
(including Powers of Attorney and Court pleadings), K R Radhakrishnan was not
entitled to act as authorized signatory of General Electric Company before the
Delhi High Court and was not entitled to execute any Powers of Attorney or
Court pleadings on behalf of General Electric Company. This Board Resolution of
General Electric Company can be read at https://drive.google.com/file/d/0BxHBZ8fQxNoQeGU2OGozcGtYR28/view?usp=sharing
The Court record for Writ Petition Civil No. 1280/ 2012 can be found at
http://seemasapra.blogspot.in/p/updated-court-documents-in-whistle.html
When did you become aware of the alleged conduct? (mm/dd/yyyy)
08/10/2010
When did the alleged conduct begin? (mm/dd/yyyy)
06/01/2010
Is the alleged conduct ongoing?
Yes
Has the individual or firm acknowledged the alleged conduct?
No
What is the source of your information? You may select more
than one
Conversations; Internal business documents; Publicly
available information; SEC filings;
Have you taken any action regarding your complaint? You may
select more than one
Complained to firm; Complained to other regulator;
Complained to SEC; Complained to law enforcement; Legal action;
Who did you contact and what action did you take?
I have emailed the SEC, the US DOJ, the FBI. I sued General
Electric Company in the Delhi High Court.
Who are you complaining about?
Are you complaining about an individual or a firm?
Firm
Select the title that best describes the individual or firm
that you are complaining about:
Publicly held company
Firm Name:
General Electric Company
Street Address:
3135 Easton Turnpike
City:
Fairfield
State / Province:
Connecticut
Zip / Postal Code:
CT 06828-0001
Country:
USA
Telephone:
Are you or were you associated with the individual or firm
when the alleged conduct occurred?
Yes
How are you or were you associated with the individual or
firm you are complaining about?
I was working as in-house legal counsel in India helping GE
Transportation (US) bid for Indian Rail contracts
Products involved
Select the type of product involved in your complaint:
Other
Please select the category that best describes your security
product:
Other
For other, please provide more information:
Indian rail tenders
Enter the product name(s):
locomotives
About you
*Are you submitting this tip, complaint or referral pursuant
to the SEC's whistleblower program?
Yes
*Are you submitting this tip, complaint or referral
anonymously? Being able to contact you for further information or clarification
may be helpful.
No
**Are you represented by an attorney in connection with your
submission?
No
Submitter Information
Title:
Ms.
**First Name:
Seema Sapra
**Last Name:
Sapra
Street Address:
XX
Address (Continued):
XXXXXX Road
City:
New Delhi
State / Province:
Delhi
Zip / Postal Code:
1100011
Country:
India
Mobile Telephone:
00919582716748
Email Address:
seema.sapra@gmail.com
What is the best way to contact you?
Email
Select the profession that best represents you:
Attorney
Whistleblower Declarations
*1. Are you, or were you at the time you acquired the
original information you are submitting to us, a member, officer, or employee
of the Department of Justice, the Securities and Exchange Commission, the
Comptroller of the Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the Office of Thrift
Supervision, the Public Company Accounting Oversight Board, any law enforcement
organization, or any national securities exchange, registered securities
association, registered clearing agency, or the Municipal Securities Rulemaking
Board?
No
*2. Are you, or were you at the time you acquired the
original information you are submitting to us, a member, officer, or employee
of a foreign government, any political subdivision, department, agency, or
instrumentality of a foreign government, or any other foreign financial
regulatory authority as that term is defined in Section 3(a)(52) of the
Securities Exchange Act of 1934 (15 U.S.C. §78c(a)(52))?
No
*3. Did you acquire the information being submitted to us
through the performance of an engagement required under the federal securities
laws by an independent public accountant?
No
*4. Are you submitting this information pursuant to a
cooperation agreement with the SEC or another agency or organization?
No
*5. Are you a spouse, parent, child, or sibling of a member
or employee of the SEC, or do you reside in the same household as a member or
employee of the SEC?
No
*7a. Are you submitting this information before you (or
anyone representing you) received any investigative request, inquiry, or demand
that relates to the subject matter of your submission from the SEC, Congress,
or any other federal, state, or local authority, any self regulatory
organization, or the Public Company Accounting Oversight Board?
Yes
*8a. Are you currently a subject or target of a criminal
investigation, or have you been convicted of a criminal violation, in
connection with the information you are submitting to the SEC?
No
*9a. Did you acquire the information being provided to us
from any person described in questions 1 through 8?
No
10. Identify with particularity any documents or other
information in your submission that you believe could reasonably be expected to
reveal your identity, and explain the basis for your belief that your identity
would be revealed if the documents were disclosed to a third party.
I do not wish to keep my identity public. I have already
made my identity as a whistleblower public.
*I declare under penalty of perjury under the laws of the
United States that the information contained in this submission is true,
correct, and complete to the best of my knowledge, information, and belief. I
fully understand that I may be subject to prosecution and ineligible for a
whistleblower award if, in my submission of information, my other dealings with
the SEC, or my dealings with another authority in connection with a related
action, I knowingly and willfully make any false, fictitious, or fraudulent
statements or representations, or use any false writing or document knowing
that the writing or document contains any false, fictitious, or fraudulent
statement or entry.
Agree
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