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                                                     Learning team 2B
 Akash Tyagi | Akshay Kalley | Anya Felix | Pooja Sharma | Vinay Potti
What is Corruption?
                              Spiritual or
                                 moral
                               impurity.



       CORRUPTION is viewed
       Dishonest or            differently by
                                      Deviation
        fraudulent
       different people. Broadly,
                               it is an unfair
                                     from ideals.
          conduct
           act to ensure personal gains.


                Making                                     Unfair
                                              Misuse of
               someone
                                             Power/Autho
             deprive of his                                Corrupt
                                                 rity
                rights.
                                                           Unethical



                                   2
Root causes of Corruption



  Poor incentive     Desire for an unfair
                                            Lack of transparency
    structures           advantage.




                      Problems with the
  Lack of Punitive   law: lawlessness or    Dysfunctional
     measures           overregulated         Systems
                        governments.




                             3
Types of Corruption?
            • Routinely dominated to sustain economic/social or political system.
Systemic    • Regularly prevalent with no alternatives.

            • Irregular and individual based.
Sporadic    • No threat to control mechanisms or economy.

            • Unfair transactions between Political and private parties (High level
              corruption.)
Political
            • Abuse of law and regulations leads to misallocation of resources.

            • Synonymous to political corruption.
 Grand      • High level corruption in policy formulation.

            • Everyday corruption affecting common man.
            • Prevalent in implementation end of politics like small scale, bureacratic
 Petty
              decisions.


                                                4
Corruption in India: Causes
    Continuation of confused Nehruvian Socialism.
   Hypocrisy of current Liberalism.


    Weak and ineffective local governments.
    Lose control on state government from Centre.
    Vote bank politics.


    Low income levels of government officials.
    High involvement of politicians in administrative
    proceedings.


    Inclination towards convenience.
    Lack of knowledge related to laws and rights.



                                         5
Confusion in Policies:

                     • 5 years planning.

 Nehruvian
                     • Contractual businesses leads to favoritism and
                       bribery.
                     • Mixed economy led uneducated politicians control
                       on economic policies.
 socialism           • Scattered administrative institutions resulting in
                       slow decision making and pending approvals.
                     • Bureaucratic callousness “Neta- Babu raj”



                     • Prevalence of Crony capitalism.
                     • Favoritism based on special ties, ethnicity, race or

  License             religion.
                     • Slow decision making .
                     • Almost zero transparency.
    Raj              • Rise of Bribery for acquiring licenses.
                     • Influence of politics in business.
                     • Tax evasion.



                               6
India is no different: Corruption- Asian way




                         7
Corruption in Emerging Markets




                        8
India is no different: Corruption- Asian way

Corrupt civil servant misusing office of power.
 Initiated by both parties: clients as well as officials.
 Distrust in the revenue granting agencies of government.
 Developing stage of most economies.
 Low wages for public sector employees.
 Too much power vested in bureaucrats.
 Dysfunctional contract bidding process.
 Weak judiciary and law system.
 Less chances of political changes.
 Highly layered administrative structure.
 Too much competition and lack of corporate governance.


                             9
Anti corruption laws in India
       • Imprisonment up                                   • To prevent
         to three years                                      unnamed
         and/or Fine.                                        transactions and
         Property will be                                    black money.
         seized and with
         no monetary
         return.             Prevention    The Benami
                                  of       Transactions
                                 The Right to
                             Corruption    (Prohibition)
                               Information Act
                              Act, 1988      Act, 1988

                              (2005): Furnish
                                details or face
                                 The
                             Prevention
                                    actions. Penal
                              of Money
                                          Indian
                                           Code, 1860
                             Laundering
       • Imprisonment         Act, 2002
         from 3-10 years                                   • Section 169 and
         and a fine of 5                                     409.
         lakhs with a                                        Imprisonment
         percentage of the                                   and/or Fine
         seized property t



                                          10
Anti-Corruption Organizations In India

                                 Bharat
                               Swabhiman
                                  Trust
            ASTRA-
         Association
           for Social
                          JAN LOKPAL                 5th Pillar
        Transparency
         , Rights and   (2012) : Citizen’s
                           Organizations
            Actions       ombudsmen


                 Jaago Re!
                                           India Against
                 One Billion                Corruption
                   Votes


                                  11
Business System: Software services in India

                                    Bidding for clients




             Increasing rapport,                  Acquiring
    Deals with                                                              Bidding
                                                              Acquiring clients,
             growth and profits,                 governmentplanning and estimation
  administrative
             performing audits. with
                           Deals                                      wars, governm
                                                    owned
  contracts like           OEMs and                                     ent contracts
                                                infrastructure
      water,                 license                                          and
                                                      like
  electricity and          providers.                                  tenders, Audit
                                                spectrum, visa
   land supply.                                                         ory services.
                                                    s, etc.



                     Providing services          Setting up infrastructure




                                           12
Consequences of corruption in Business: SCAMS

 2 G Scam (USD 35.24 billion): The 2G spectrum scam involved
officials in the government of India illegally undercharging mobile
telephony companies for frequency allocation licenses, which they would
use to create 2G subscriptions for cell phones.

 COMMONWEALTH GAMES SCAM (USD 4.1 billion): Corrupt practices in
procurement of materials, land acquisition, contracts for organizing CWG
in 2010.

 SATYAM FRAUD SCANDAL: High involvement of CEO R. Raju in falsifying
financial accounts of SATYAM. This also raised huge concerns over PWC’s
auditing and reporting capabilities.




                                   13
Thin line between Corruption and Fraud


             CORRUPTION


Offering, giving, rec or Computer crimes,
                                Knowingly or
    Action, omission Bribery, extortion
                                                         Obtain financial
                              Directly or
                                  recklessly       Influencing actions
                                                       benefits or avoiding
eiving or soliciting Credit card, hacking,
    misrepresentation         Indirectly
                              misleading a party     of other parties
                                                           obligation
 anything of value     and embezzlement.
                            financial
                      misrepresentation

               FRAUD



                                   14
Corruption in Software Industry– A SNAP SHOT

 WIPRO Technologies was banned by World
 Bank for issuing shares through CIO and senior
 staff to members of the family and friends of
 World Bank
 employees.— Jan 2009.


SEC and Justice department opened a probe
against Oracle and HP Co. against allegations
that both the firms paid illegal payments to
state owned and private companies in Russia
whereas IBM a few months ago paid
settlements to authorities for paying bribes.—
Apr 2011



                                       15
Fraud in Software Industry– A SNAP SHOT

  Satyam Computer Services-had regularly
  falsified the company’s accounts. — JAN 2009

  Fraud raised questions regarding regulatory
  oversight in India and also took outsourcing
  industry by storm.




  HCL Technologies was accused of destroying data
  on behalf of News International by U.K
  Parliament’s Home
  affair committee. — JUL 2007




                                      16
Set your compass in the direction of fairness




 • Infosys agreed to pay        • Refrained from providing         • Came out with disclosures
   135% duty on hardware          kickbacks officials for favors     regarding their
   rather than sufficing to       or to win business from            misadventures in stock
   custom official and            clients.                           market in order to be
   appealed later only to win                                        transparent to their
   the case.                    • Avoided personal gratification     shareholders.
                                  to a government official
 • Refused to follow the          by revising their previous       • Did not service
   practice of splitting the      offer on a piece of land by        government projects to
   invoice into two- Software     40%.                               avoid corruption.
   and manual for software
   to avoid duty.




                                                 17
Increasing pain

Gain v/s Pain Graph
                           Had Infosys taken the other
                            stand. They would have
                             found themselves here




                                  High gain         High gain
                                                    High pain
         Increasing gain




                                  Low pain

                                                                 Since they took
                                                                  stance against
                                  Low gain          Low gain     corruption Infy
                                  Low pain          High pain   found itself here




                                        Increasing pain




                                               18
Leadership and Management

     Organization and
                                                          Leader
       Management




Significant role      Sound                                Actions are
                                                                            Neutrality and
 in character       values are        Walks the Talk        infectious
                                                                             objectivity
   building         inculcated




          Plays a crucial role in eradication of social evils such as corruption

                                                    The action outside becomes
           Dilemma of the doer                     voluntary, spontaneous and self
                                                              motivated.


                                           19
Leadership and Management
• Infosys’ distinctive business practice:
    – Refuse any transaction that hinted corruption
    – “say no to bribes”

• Foundations of Infosys’ corporate governance:
    – Transparency – “when in doubt, disclose”
    – Fairness

• Benefits in putting values first
   – Respect  less approached by corrupt officials
   – Values became almost second nature to the organization
   – Good clean reputation  “vaccine against corruption”
   – Long term gains  enjoy lower transaction costs in many dealings with
      stakeholders

                                      20
Its not all Rosy !




        21
The “Mis-Management”
• Infosys underwent a major re-organization in recent years and is no longer
  the same company run by Narayana Murthy
• Infosys' top management wage bill crosses $10 million mark registering a
  52% increase over the previous year
• This is in a time when they declared a freeze in hike for its 1.5 million
  common employees

This is true for most corporate. Austerity and cost cutting for others and big
  bonuses for management. There should be a limit to the salary ratio
  between the highest and lowest paid employees. Management salaries
  bonuses should not be increased if employees salaries are not increased.
  And if company profits are going down. management salaries/bonuses
  should be reduced by the percentage of profit fall
– Company employee


                                       22
The Bitter Truth
• "Infy is like 'James Hadley Chase'
  novels. The cover looks so
  interesting...from outside Infy is
  also like...only people who are
  working there know the problems
  that we face."
– Chaz

• "Infosys have money to pay
  dividend, to recruit new employees,
  for infrastructure etc...then why not
  for employees increment."
– Santosh




                                          23
Tip of the iceberg?

• H1B visa was misused – People were sent to US
  irrespective of their skills
• Creatively getting around H1B limitations
• There was no monitoring of the B1 system, a visa
  which was only for Business meetings and not for
  Full time work                                                Jay Palmer
• Infosys intentionally violated US visa and tax laws          Whistleblower
                                                          Infosys Visa Fraud case
  for the purpose of increasing revenues
• This was totally about profit and not hiring
  Americans for jobs in the U.S. due to higher salary
  requirements
“It has been a long known problem and we can’t do anything, it’s just the way
we do business and we can’t control what they do in India.”
- Infosys HR manager


                                         24
India Inc. is no Mr. Clean
• Twenty years after liberalization, the
  system still favours the insider

• Crony Capitalism is highly prevalent

• Success depends on close relationship
  between Business people and Govt.
  officials

• Resources and privileges are distributed
  according to the whim of those in power




                                    25
The Necessary Evil?




Most of these fraudsters work in offsite location away from direct control of mgmt

Usually in Sales and Procurement departments, more interaction with external parties

Companies are reluctant to take action against fraud, fearing damage to reputation if
the news leaks to public domain


                                            26
Fight against corruption : The new Wave

 A people’s movement started in
2010 by Anna Hazare

 Demand a strong anti-corruption
law

 Enforce Govt. of India to enact
the Jan Lokpal Bill

Provide protection to those who
are victimized for raising their voice
against corruption




                                     27
Fight against corruption : India Inc treads cautiously


• India Inc. has cautiously supported
  the Anna Hazare campaign
• Agree that it is good for
  development and growth of the
  country
• Some companies allowed their
  employees to join the movement
  even during office hours                               Infosys, Wipro and TCS employees together
                                                                          in a rally
 “When somebody is fasting and standing up for           In our latest fight against corruption, we have
 a cause of cleansing the system and removing            to exercise self restrain, adhere to value system
 corruption, every single individual will support        and be prepared to lose contracts because we
 it. I am not speaking on behalf of L&T, but I am        believe in honest and decent business.
 saying this because I know he is right”                 - Narayana Murthy, Founder, Infosys
 - A M Naik, MD, L&T



                                                    28
Legalizing Bribery?


• One school of thought says that, to reduce bribery, make it
  legal. Really?

• First engage the class and then show NRN video

• http://www.youtube.com/watch?v=q7MURRMBzxk




                                29
Ways to Fight Corruption




           30
Recommendations


o India Inc. has to put pressure on government while
supporting the civil movement against anti corruption.
o Incorporate stricter corporate governance structure and
penalize employees/managers breaching these policies.
o Walk the Talk.
o Motivate workforce to involve themselves in Anti Corruption
movements.
o Encourage fair practices in doing business with clients.




                             31
As said by late Mr. Ramon Magsaysay “I believe that a high
and unwavering sense of morality should pervade all
spheres of governmental activity. ”




                             32
References:

http://elaine.ie/2009/07/31/definitions-and-types-of-corruption/

http://prem.sabhlokcity.com/2011/06/the-main-causes-of-corruption-in-
india/

http://www.techinsurgent.com/post/2012/04/12/Slumdog-Sweatshop-
Infosys-Exposed-by-CBS.aspx

http://www.transparencyindia.org/

http://www.ey.com/IN/en/Services/Assurance/Fraud-Investigation---
Dispute-Services




                                    33

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Corruption in private Sector- Infosys's example

  • 1. We believe that the softest pillow is a clear conscience. Let us see how!!! Learning team 2B Akash Tyagi | Akshay Kalley | Anya Felix | Pooja Sharma | Vinay Potti
  • 2. What is Corruption? Spiritual or moral impurity. CORRUPTION is viewed Dishonest or differently by Deviation fraudulent different people. Broadly, it is an unfair from ideals. conduct act to ensure personal gains. Making Unfair Misuse of someone Power/Autho deprive of his Corrupt rity rights. Unethical 2
  • 3. Root causes of Corruption Poor incentive Desire for an unfair Lack of transparency structures advantage. Problems with the Lack of Punitive law: lawlessness or Dysfunctional measures overregulated Systems governments. 3
  • 4. Types of Corruption? • Routinely dominated to sustain economic/social or political system. Systemic • Regularly prevalent with no alternatives. • Irregular and individual based. Sporadic • No threat to control mechanisms or economy. • Unfair transactions between Political and private parties (High level corruption.) Political • Abuse of law and regulations leads to misallocation of resources. • Synonymous to political corruption. Grand • High level corruption in policy formulation. • Everyday corruption affecting common man. • Prevalent in implementation end of politics like small scale, bureacratic Petty decisions. 4
  • 5. Corruption in India: Causes Continuation of confused Nehruvian Socialism. Hypocrisy of current Liberalism. Weak and ineffective local governments. Lose control on state government from Centre. Vote bank politics. Low income levels of government officials. High involvement of politicians in administrative proceedings. Inclination towards convenience. Lack of knowledge related to laws and rights. 5
  • 6. Confusion in Policies: • 5 years planning. Nehruvian • Contractual businesses leads to favoritism and bribery. • Mixed economy led uneducated politicians control on economic policies. socialism • Scattered administrative institutions resulting in slow decision making and pending approvals. • Bureaucratic callousness “Neta- Babu raj” • Prevalence of Crony capitalism. • Favoritism based on special ties, ethnicity, race or License religion. • Slow decision making . • Almost zero transparency. Raj • Rise of Bribery for acquiring licenses. • Influence of politics in business. • Tax evasion. 6
  • 7. India is no different: Corruption- Asian way 7
  • 9. India is no different: Corruption- Asian way Corrupt civil servant misusing office of power.  Initiated by both parties: clients as well as officials.  Distrust in the revenue granting agencies of government.  Developing stage of most economies.  Low wages for public sector employees.  Too much power vested in bureaucrats.  Dysfunctional contract bidding process.  Weak judiciary and law system.  Less chances of political changes.  Highly layered administrative structure.  Too much competition and lack of corporate governance. 9
  • 10. Anti corruption laws in India • Imprisonment up • To prevent to three years unnamed and/or Fine. transactions and Property will be black money. seized and with no monetary return. Prevention The Benami of Transactions The Right to Corruption (Prohibition) Information Act Act, 1988 Act, 1988 (2005): Furnish details or face The Prevention actions. Penal of Money Indian Code, 1860 Laundering • Imprisonment Act, 2002 from 3-10 years • Section 169 and and a fine of 5 409. lakhs with a Imprisonment percentage of the and/or Fine seized property t 10
  • 11. Anti-Corruption Organizations In India Bharat Swabhiman Trust ASTRA- Association for Social JAN LOKPAL 5th Pillar Transparency , Rights and (2012) : Citizen’s Organizations Actions ombudsmen Jaago Re! India Against One Billion Corruption Votes 11
  • 12. Business System: Software services in India Bidding for clients Increasing rapport, Acquiring Deals with Bidding Acquiring clients, growth and profits, governmentplanning and estimation administrative performing audits. with Deals wars, governm owned contracts like OEMs and ent contracts infrastructure water, license and like electricity and providers. tenders, Audit spectrum, visa land supply. ory services. s, etc. Providing services Setting up infrastructure 12
  • 13. Consequences of corruption in Business: SCAMS  2 G Scam (USD 35.24 billion): The 2G spectrum scam involved officials in the government of India illegally undercharging mobile telephony companies for frequency allocation licenses, which they would use to create 2G subscriptions for cell phones.  COMMONWEALTH GAMES SCAM (USD 4.1 billion): Corrupt practices in procurement of materials, land acquisition, contracts for organizing CWG in 2010.  SATYAM FRAUD SCANDAL: High involvement of CEO R. Raju in falsifying financial accounts of SATYAM. This also raised huge concerns over PWC’s auditing and reporting capabilities. 13
  • 14. Thin line between Corruption and Fraud CORRUPTION Offering, giving, rec or Computer crimes, Knowingly or Action, omission Bribery, extortion Obtain financial Directly or recklessly Influencing actions benefits or avoiding eiving or soliciting Credit card, hacking, misrepresentation Indirectly misleading a party of other parties obligation anything of value and embezzlement. financial misrepresentation FRAUD 14
  • 15. Corruption in Software Industry– A SNAP SHOT WIPRO Technologies was banned by World Bank for issuing shares through CIO and senior staff to members of the family and friends of World Bank employees.— Jan 2009. SEC and Justice department opened a probe against Oracle and HP Co. against allegations that both the firms paid illegal payments to state owned and private companies in Russia whereas IBM a few months ago paid settlements to authorities for paying bribes.— Apr 2011 15
  • 16. Fraud in Software Industry– A SNAP SHOT Satyam Computer Services-had regularly falsified the company’s accounts. — JAN 2009 Fraud raised questions regarding regulatory oversight in India and also took outsourcing industry by storm. HCL Technologies was accused of destroying data on behalf of News International by U.K Parliament’s Home affair committee. — JUL 2007 16
  • 17. Set your compass in the direction of fairness • Infosys agreed to pay • Refrained from providing • Came out with disclosures 135% duty on hardware kickbacks officials for favors regarding their rather than sufficing to or to win business from misadventures in stock custom official and clients. market in order to be appealed later only to win transparent to their the case. • Avoided personal gratification shareholders. to a government official • Refused to follow the by revising their previous • Did not service practice of splitting the offer on a piece of land by government projects to invoice into two- Software 40%. avoid corruption. and manual for software to avoid duty. 17
  • 18. Increasing pain Gain v/s Pain Graph Had Infosys taken the other stand. They would have found themselves here High gain High gain High pain Increasing gain Low pain Since they took stance against Low gain Low gain corruption Infy Low pain High pain found itself here Increasing pain 18
  • 19. Leadership and Management Organization and Leader Management Significant role Sound Actions are Neutrality and in character values are Walks the Talk infectious objectivity building inculcated Plays a crucial role in eradication of social evils such as corruption The action outside becomes Dilemma of the doer voluntary, spontaneous and self motivated. 19
  • 20. Leadership and Management • Infosys’ distinctive business practice: – Refuse any transaction that hinted corruption – “say no to bribes” • Foundations of Infosys’ corporate governance: – Transparency – “when in doubt, disclose” – Fairness • Benefits in putting values first – Respect  less approached by corrupt officials – Values became almost second nature to the organization – Good clean reputation  “vaccine against corruption” – Long term gains  enjoy lower transaction costs in many dealings with stakeholders 20
  • 21. Its not all Rosy ! 21
  • 22. The “Mis-Management” • Infosys underwent a major re-organization in recent years and is no longer the same company run by Narayana Murthy • Infosys' top management wage bill crosses $10 million mark registering a 52% increase over the previous year • This is in a time when they declared a freeze in hike for its 1.5 million common employees This is true for most corporate. Austerity and cost cutting for others and big bonuses for management. There should be a limit to the salary ratio between the highest and lowest paid employees. Management salaries bonuses should not be increased if employees salaries are not increased. And if company profits are going down. management salaries/bonuses should be reduced by the percentage of profit fall – Company employee 22
  • 23. The Bitter Truth • "Infy is like 'James Hadley Chase' novels. The cover looks so interesting...from outside Infy is also like...only people who are working there know the problems that we face." – Chaz • "Infosys have money to pay dividend, to recruit new employees, for infrastructure etc...then why not for employees increment." – Santosh 23
  • 24. Tip of the iceberg? • H1B visa was misused – People were sent to US irrespective of their skills • Creatively getting around H1B limitations • There was no monitoring of the B1 system, a visa which was only for Business meetings and not for Full time work Jay Palmer • Infosys intentionally violated US visa and tax laws Whistleblower Infosys Visa Fraud case for the purpose of increasing revenues • This was totally about profit and not hiring Americans for jobs in the U.S. due to higher salary requirements “It has been a long known problem and we can’t do anything, it’s just the way we do business and we can’t control what they do in India.” - Infosys HR manager 24
  • 25. India Inc. is no Mr. Clean • Twenty years after liberalization, the system still favours the insider • Crony Capitalism is highly prevalent • Success depends on close relationship between Business people and Govt. officials • Resources and privileges are distributed according to the whim of those in power 25
  • 26. The Necessary Evil? Most of these fraudsters work in offsite location away from direct control of mgmt Usually in Sales and Procurement departments, more interaction with external parties Companies are reluctant to take action against fraud, fearing damage to reputation if the news leaks to public domain 26
  • 27. Fight against corruption : The new Wave  A people’s movement started in 2010 by Anna Hazare  Demand a strong anti-corruption law  Enforce Govt. of India to enact the Jan Lokpal Bill Provide protection to those who are victimized for raising their voice against corruption 27
  • 28. Fight against corruption : India Inc treads cautiously • India Inc. has cautiously supported the Anna Hazare campaign • Agree that it is good for development and growth of the country • Some companies allowed their employees to join the movement even during office hours Infosys, Wipro and TCS employees together in a rally “When somebody is fasting and standing up for In our latest fight against corruption, we have a cause of cleansing the system and removing to exercise self restrain, adhere to value system corruption, every single individual will support and be prepared to lose contracts because we it. I am not speaking on behalf of L&T, but I am believe in honest and decent business. saying this because I know he is right” - Narayana Murthy, Founder, Infosys - A M Naik, MD, L&T 28
  • 29. Legalizing Bribery? • One school of thought says that, to reduce bribery, make it legal. Really? • First engage the class and then show NRN video • http://www.youtube.com/watch?v=q7MURRMBzxk 29
  • 30. Ways to Fight Corruption 30
  • 31. Recommendations o India Inc. has to put pressure on government while supporting the civil movement against anti corruption. o Incorporate stricter corporate governance structure and penalize employees/managers breaching these policies. o Walk the Talk. o Motivate workforce to involve themselves in Anti Corruption movements. o Encourage fair practices in doing business with clients. 31
  • 32. As said by late Mr. Ramon Magsaysay “I believe that a high and unwavering sense of morality should pervade all spheres of governmental activity. ” 32

Notes de l'éditeur

  1. Add the graph for transparency index and talk about it.
  2. Points need to be added at a later stage on the key features of these orgs and who started it and what do they stand for.