Corruption and Misconduct in Procurement

An assistant manager of a company accepted computer equipment from a sales manager of a computer hardware supplier for placing purchase orders with the latter.
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Risks of corruption in the procurement
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An assistant service manager of a company accepted several pieces of computer equipment from a sales manager of a computer hardware supplier, including a scanner, a printer, a projector and a CD writer valued a total of HK$110,000, as a reward for placing purchase orders with the supplier. The company did have procurement guidelines that stipulated the minimum number of quotations required for every purchase. However, the assistant service manager colluded with the supplier to produce false quotations to deceive his employer. The assistant service manager also falsified some documents to get his employer to pay for a hard disk, a monitor and a central processing unit, all of which he took home for his own personal use.

Case Analysis

Both the sales manager who offered advantages to secure business and the greedy assistant service manager had committed a bribery offence under the Prevention of Bribery Ordinance.

The procurement field has always been vulnerable to the risk of corruption, especially on high value goods and services such as information system and IT equipment that require frequent updating.  When a chain of purchases of IT equipment is initiatedor consulting services are outsourced, the situation is rife with opportunities for illicit deals if the procurement process is not properly administered. Furthermore, the fact that the assistant service manager was able to take home some IT equipment revealed that the company’s asset control was a complete failure.

Management usually rely on the expertise in their workforce to perform procurement duties. But that must not excuse, deter or prevent them from instigating the necessary checks and balances to minimise the danger of corruption and malpractice. For examples, managers should lay down procedures and safeguards to prevent tampering or leakage of quotations or tenders during the procurement process. Tender evaluation panel involving professionals can be formed to evaluate the bids of high value or special purchases and make recommendations for senior management to consider. Proper records of quotations/tenders as well as products/services delivered should be kept for checking and future audits. Separating procurement duties from storekeeping duties and conducting inventory check are also helpful to minimize risks of company’s assets being misappropriated.

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Chaotic sales record

Daisy, who worked at a chain fast-food restaurant, discovered that the assistant manager Diana was manipulating the sales data for personal gain. What should Daisy do?
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Chaotic sales record
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Diana, an assistant manager at a chain fast-food restaurant, oversaw daily sales.  She misappropriated sales revenue and discount coupons for an extended period, resulting in chaotic and unclear financial records.

This situation persisted until Daisy, a newly hired cashier, noticed numerous irregularities in the restaurant's sales records.  She suspected Diana was manipulating the sales data for personal gain.  Noticing Daisy’s suspicion and to conceal her misconduct, Diana approached Daisy and promised to give Daisy 10% of the misappropriated funds if Daisy assisted in inputting false sales and coupon redemption records into the cash register system.  Daisy was caught in a dilemma as she knew this was wrong but could not resist the temptation of quick money.  Eventually, under Diana’s persistent persuasion, Daisy succumbed and agreed to help Diana conceal everything.

Although Daisy cooperated with Diana’s fraudulent activities, the chaotic and suspicious sales records eventually drew the attention of the restaurant manager.  Daisy felt uneasy about this situation and struggled with whether to reveal the truth to the manager.

Case Analysis

Employees of restaurants should always exercise prudence and integrity when managing sales records.  If Daisy abuses her position to accept advantages for providing assistance to Diana in concealing the illegal misappropriation of the restaurant sales, she might commit Section 9 of the Prevention of Bribery Ordinance (POBO) and conspiracy to defraud. Diana might also commit the offences.

Employees must uphold a high standard of integrity and refrain from reaping personal gain through corrupt or other illegal means.  When encountering corruption temptation or suspecting any malpractice in the workplace, employees should immediately decline and report the incident to the company and the ICAC.  Deliberately concealing or shielding unlawful behaviour may give rise to suspicions of involvement in illegal activities.  Hence, it is crucial to take a stand against corruption and report it to the ICAC.

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