Note - I have censored my address in the form below but it has been provided in the TCR form submitted to the SEC
TCR Submitted Successfully - Reference Number: TCR1439646785831
Tell us about your complaint
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Bribery of, or improper payments to, foreign officials (Foreign Corrupt Practices Act Violations)
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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)
When did the alleged conduct begin? (mm/dd/yyyy)
Is the alleged conduct ongoing?
Has the individual or firm acknowledged the alleged conduct?
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?
Select the title that best describes the individual or firm that you are complaining about:
Publicly held company
General Electric Company
3135 Easton Turnpike
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Are you or were you associated with the individual or firm when the alleged conduct occurred?
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
Select the type of product involved in your complaint:
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For other, please provide more information:
Indian rail tenders
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*Are you submitting this tip, complaint or referral pursuant to the SEC's whistleblower program?
*Are you submitting this tip, complaint or referral anonymously? Being able to contact you for further information or clarification may be helpful.
**Are you represented by an attorney in connection with your submission?
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*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?
*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))?
*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?
*4. Are you submitting this information pursuant to a cooperation agreement with the SEC or another agency or organization?
*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?
*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?
*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?
*9a. Did you acquire the information being provided to us from any person described in questions 1 through 8?
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.