Notes From The Darkside Of RSA

OK, there is one simple lesson that I want to share with sales people. People can HEAR you when you’re out in public. You can never be too sure who is nearby.

Today at lunch I was sitting at a table in a San Francisco hotel overlooking the city. Directly behind me there was a table with a sales exec from a major software company that provides “business intelligence and performance management software solutions”. He was trying to recruit a younger man to join the outfit. He went on a lengthy diatribe about how is sales people are basically almost all useless and how most of his staff rob the company blind by filing false expense reports. He didn’t seem to have a problem with this as he saw it as the cost of doing business. Great role model.

The part that put me into a stunned silence was his retelling of how he and his boss “Murph” have a lobbyist “in their pocket” on the west coast. He went on to describe how they had given the lobbyist a payment “under the table” (his words) of $100K in addition to the lobbyist retainer. So, I bring you this excerpt from the above company’s “Code of Conduct and Business Ethics”

COMPANY X neither practices nor condones bribery wherever it is practiced – despite what may appear to be local custom. Employees must not give or offer anything of material value (see also 4.7, “GIFTS, HOSPITALITY & OTHER BENEFITS”, for further clarification), directly or indirectly, to any customer or supplier as an inducement to obtain business or favourable treatment. Similarly, employees must not accept anything with a monetary value in return for giving favourable treatment to customers or suppliers either for themselves or others. Violation of this principle may result in disciplinary action (up to and including dismissal). Two important laws are applicable to COMPANY X—the US Foreign Corrupt Practices Act (FCPA)and Canadian Corruption of Foreign Public Officials Act (CFPA). Both make it illegal to offer a direct or indirect benefit to a public official for the purposes of obtaining, retaining or directing business. COMPANY X is a Canadian company and is required to comply with CFPA and, as its shares are traded publicly in the United States, it must comply with FCPA.

These and other statutes also contain provisions that require COMPANY X to have proper record-keeping and internal accounting and disclosure controls designed to provide reasonable assurance that this kind of activity, and any related activities can be detected. On an annual basis, certain employees will be required to complete and sign a Business Practices Certification, declaring that, to the best of their knowledge, they and COMPANY X are in compliance with these laws.

Hmmm. The part that struck me was the audacity of this sales exec’s boss to suggest that they claw back the illegal payment to the lobbyist because they had not heard from him lately. This was a gambit to get the lobbyist to call them back. It apparently worked. It turns out that due to multiple family issues he had been unable to return their calls. That being said the head of sales “Murph” was still leaning towards clawing back the payment.

Short story…people are listening. When you talk about your suspect business practices in a public restaurant, or anywhere for that matter, be aware, Court, that others can hear you.

😉

[tags]IT Sales, Corrupt Practices, FCPA, CFPA, RSA 2007[/tags]