Complaint made to US SEC against General Electric Company on 15 August 2015 - TCR - Reference Number: TCR1439646785831
In-house counsel and lawyers for General Electric Company substituted a fake representative/ signatory in a corruption legal case in India as part of an obstruction of justice conspiracy and in the process violated General Electric Company's own Board Resolution on who can represent the Company in Court. The Question is will the United States' SEC, the Department of Justice, and the FBI allow General Electric Company lawyers to violate the Company's own board resolution with impunity in India?
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
According to General Electric Company's Board Resolution No. 10855, only officers of the Company are authorized to execute documents on behalf of the General Electric Company. Further important documents like Powers of Attorney or Court Pleadings can only be executed by senior corporate officers of General Electric Company or by designated operational officers of the Company. Further such corporate or operational officers of General Electric Company have no power to further delegate document signing authority on others. An outsider to General Electric Company, like K R Radhakrishnan is not authorized to execute Powers of Attorney or Court Pleadings on behalf of General Electric Company.
So how did K R Radhakrishnan execute and file Vakalatnamas and Court Pleadings on behalf of General Electric Company in the Delhi High Court in Civil Writ Petition No. 1280 of 2012 - in the matter of Seema Sapra v. General Electric Company and Others.
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
For more on General Electric corruption in India in connection with the Indian Rail tenders for the proposed diesel locomotive factory at Marhowra and the proposed electric locomotive factory at Madhepura, see
http://geimpersonationfraud.blogspot.in/ General Electric substituted fake representative/ signatory in Indian corruption legal case
http://gecorruption.blogspot.in/ FCPA alert- General Electric paid bribes to Indian public officials using third party contractor - Aartech Consultants India Private Limited
http://gemarhowracorruption.blogspot.in/ The PwC & Vinod Sharma conflict of interest & GE corruption in Marhowra Project
http://gemarhowracorruptionpart2.blogspot.in/ Shakeel Ahmed, Indian Rail official corruptly vetted GE 2008 bid documents for Marhowra Project
http://gecorruptionpart2.blogspot.in/ General Electric corruptly obtained Indian Rail Marhowra Project bid docs before they were public
http://gecorruptionpart3.blogspot.in/ Wikileaks US Embassy cables on creation of Marhowra loco factory Project for General Electric
http://gecorruptionpart4.blogspot.in/ General Electric corruption & fraud to avoid mandatory disclosures in India tender
http://gecorruptionpart5.blogspot.in/ #FCPA Why is General Electric bidding for India electric loco tender which it does not manufacture
http://gemoneylaundering.blogspot.in/ Money laundering by General Electric using NDTV in India
http://seemasapra.blogspot.com/ Seema Sapra - General Electric corruption whistle-blower: the Truth prevails