Report a Client for Fraud? 23

[casseopeia]

I have a Client (Developer) who used whiteout and pencil to significantly alter a printout of a detail design that I had issued. It was then scanned and issued to the Contractor in electronic format with my firm's letterhead and my initials still intact, as if it had come from us. I was not notified of the change until I happened to stop by the project site to get some unrelated information and saw what they were constructing. I asked the Superintendent why he was not following what I drew and he said it was what I issued. That's how I discovered the change. The Superintendent was disturbed by the unauthorized revisions and said that he had a similar experience with the HVAC consultant just the day before. The Client had taken whole sections of the mechanical specifications, changed the equipment, typed up the changes, and literally cut and pasted the paper right into the Project Manual without the knowledge of the Designer.

I find this behavior shocking. The Client is certainly free to ignore his Consultant's recommendations, but to change the Consultant's work product and issue under the stamp of another licensed professional seems like it would rise to the level of fraud, punishable by the loss of a business license. If this were my own company, I would have dumped this Client a long time ago when he started in making sweeping changes in my investigation report, but my boss decided to continue the work. Just looking for opinions.

"Gorgeous hair is the best revenge." Ivana Trump

 

[casseopeia]

The response was something like "If you materially changed your report, then you are doing it wrong."

I didn't respond. I was too shocked by that statement that came off as sort of a parental reprimand. All the other employees just looked at their papers, or their shoes and avoided my desk the rest of the day I'm glad now that I saved those markups in the Client's and the Principal's own handwriting.

I came home, changed into my PJ's poured a shot of tequila and went to bed. hard day

"Gorgeous hair is the best revenge." Ivana Trump

 

[MacGyverS2000]

I still say ride it out until they fire you, then let the court case make you a millionaire.


Dan - Owner

http://www.Hi-TecDesigns.com

 

[btrueblood]

Cass,

Every time I open this thread, my stomach ends up in knots. If it bugs me this way, it must be ripping you apart. Going to bed after a Tequila shot supper is fine in a once-in-awhile case, but if it is becoming a frequent meal, you need to punt. Riding it out until they fire you isn't worth it, regardless of pipe dream million-dollar settlements that might be, if you ruin your health because of it.

 

[MintJulep]

Considering that Cass went along with the fraud rather than reporting it the best that she can hope for should things get really ugly is to cut a deal for immunity from prosecution in turn for her testimony and records.

 

[berkshire]

She's boiled.

The good engineer does not need to memorize every formula; he just needs to know where he can find them when he needs them. Old professor

 

[beej67]

Glutton for punishment? Business masochist? The least believable part of this whole drama is that she's still there.


Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[CorBlimeyLimey]

beej67,

Needing an income may have something to do with that.

 

[jmw]

Duress.
That is the operative word.

Cass has received a lot of advice and support. Most everyone has been clear and recognised that what has been going on is not right.
Most have urged robust action. More robust than has been undertaken.
Also urged has been to get legal advise and support from the professional body. I'd like to think this is what Cass has done and that Cass cannot tell us that level of detail - yet. But I am concerned to think Cass may not have taken legal advice yet.

In the real world there are some people who can be very adroit at manoeuvring people, who can incrementally move people away along a path where each step is below the threshold for robust action.

Mission Creep. Small accommodations leading to ever bigger accommodations or to an ongoing sequence of small infractions no one of which might be viewed as warranting the maximum response.

Cumulatively bad.

Duress.

When you've been laid off for a period and lived in your car/truck for a while and finally got a new job, even at less money, then it is not so easy to just sacrifice the lot at the first infringement.

When you are confronting not only a corrupt client but also your own corrupt management, you know you are on your own. That makes it difficult to take that final step.

Just what is the cumulative effect?

It is easy to seduce someone with the thought that what has happened isn't on a par with sub-standard foundations or a lack of cement in the sand of a multi-story apartment on a fault line; "You want to sacrifice your job and never work in the industry again over some maybe damp?"

In many such situations due cognisance is taken of the duress that employers can bring to bear.

In the UK, as an example, the Patents Act declares some employee rights to be inalienable.
Why?
Because the law recognises the extent to which employers can bring pressure to bear on employees and coerce them into signing away all their legal rights.
That is why these patent rights are inalienable.
That means the employee cannot legally sign away their rights except for "reasonable reward".

If employer duress can be recognised in some cases then it should also be recognised in others.

Note also that in cases where people do resort to law, in civil actions for example, the law in some countries, including in the UK, requires that the plaintive should first exhaust all other remedies. This usually means firstly approaching those with the power and responsibility to act (management) and then the professional body.

So if we now reach a point where all other remedies have been exhausted, then the opportunity still exists for Cass to now take that next step and still also to claim that everything so far has been in good faith and in the nature of exhausting other avenues. This is all one long continuing series of connected events with one client on one project.


I believe Cass, you should seriously consider that the two minute clock has now started to run.
You really should get legal advice, should consult the professional body and act as recommended come what may.
There is now no possible excuse that Management might support you, that some resolution is possible through discussion and agreement.
In the clearest possible way they have now signalled to you that they are distancing themselves from any liability and/or cognisance and you are elected scapegoat.

No more time outs.

Act now.
Otherwise, I tend to concur with Berkshire, Cass and you are "boiled".
Or will be. Very soon.

Cass, you have a lot of support here. And a lot of advice.
I can't say I have been in this situation.
Ever.
I don't know that I would take unilateral action, even if I knew it had to be done. I do think I would have share the burden by getting legal and professional advise (If only to be able to share any blame).
I note also that while most here have been supportive and are clear what is right and wrong, I haven't seen anyone post to say:
"Been there, done that, got the Tee shirt. My management were as corrupt as yours. My management were setting me up for the fall. My management were on the side of the client and not on the side of what is ethical. But I went full speed ahead and damn the torpedoes and lived to tell the tale. "

So lots of us know what should be done, we think we would do it, but none has been able to say they have walked the walk.


JMW

http://www.ViscoAnalyser.com

 

[casseopeia]

jmw, very nice analysis. Better than my example,

http://www.youtube.com/watch?v=UPw-3e_pzqU

I'm not sure, but I think I touched off the sh!tstorm because of some unrelated events. I heard little snippets around the office that there is a problem project that may be going into litigation (not mine.) What started the whole 'completeness in reporting' was one person assigned to go back through old reports and come up with a timeline of what was done during a building renovation had trouble making sense of past reports. He sent around an email saying that it was a difficult task because people were not writing their reports with the thought that someone might have to go back and try to connect the dots if the company were to be sued or their work investigated, his old reports included.

I responded to his email telling him not to beat himself up too much, that field reports are generally written for a purpose other than future litigation, and that if the attorney had to fill in the holes, he can subpoena the author of the report and pay them expenses only. I know. BTDT

I knew the project was a litigation job, but had assumed that my company was acting as a 'reporting' expert. But thinking about it, they may be sitting in the defense seat. Bringing up the fact that my reports were materially changed, that I objected to it AND kept copies may have touched a nerve that's been exposed on the other project on the fast track to court and my contribution wasn't making their attempts at denial any easier. That would explain the ridiculous posturing about how 'this company doesn't do those things' with clear evidence to the contrary and a mouthy PM there to make a public display for them.

Btrueblood. Normally I can just bite my tongue and get through a stupid staff meeting making a grocery list or something, but I was so aghast at the audacity that I was saying stuff almost before I knew I was talking.

I don't know if I'm boiled just yet, but definitely dangling over a simmering pot. The only thing saving me right now is having recently landed a couple of large projects….nice, fat fees with nice, fat retainers.


"Gorgeous hair is the best revenge." Ivana Trump

 

[MikeHalloran]

You're looking at the wrong pot, the little one stirred by your employer.

You were dumped into the bigger pot, the one stirred by the state licensing board and the courts, at the closing, when a phony| dishonest| inaccurate| misleading report over your name became part of the official record.



Mike Halloran
Pembroke Pines, FL, USA

 

[beej67]

Limey,

They're still setting her up to take the fall and she knows they're doing it. Obviously not worth the paycheck. I'd feel nauseous just showing up to work in that environment, knowing my employers were waiting around the cubicle corner with a knife. Makes me wonder how much embellishment is in the story. Whole thing is approaching "Eric Berne Kick-Me" status.


Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[jmw]

Oh this is bad.

If they are involved in another investigation, and may be the target, things could get real messy very soon.

The only thing saving me right now is having recently landed a couple of large projects....nice, fat fees with nice, fat retainers.

I wouldn't count on it.
Not on this planet.
Not in this company(or in many others).
Not with these people as managers (not with lots of managers even in "ethical" {not found out yet} companies).
They are blatantly, stupidly and clumsily corrupt.

Nothing suggests to me that these new projects mean anything except the start of a race amongst the managers to claim exclusive credit and, double whammy, still blame you for the problems.
It buys you nothing.

If they can find a way to lay off the blame on you for projects you had nothing to do with and completed before you joined, they will.

About now the shredder is probably going full blast and they are busy trying to delete email archives. They will all have alibis.

These people won't hold up their hands and say:
"I's a fair cop Guv. We dun it. We didn't realise it was bad. We didn't mean to hurt anyone. It's just a little damp. Maybe not even that, just a difference of professional opinion. "

No, they'll point a finger and say:
"She dun it.
Her.
Her over there.
We are shocked and appalled.
We loved her like the bosses daughter, we trusted her.
We took her off the streets and gave her a new life and this is how she repays us.
We are and always have been a highly ethical company.
WE pride ourselves on maintaining very high standards of honesty and integrity. WE inculcate this into all our employees. Why, we just had a company meeting on this very subject.
WE couldn't believe this behaviour from any employee, least of all her (weep weep).
We knew nothing about this until the search warrant was served.
We are will open all our records (those remaining, doctored records) to the authorities (no choice so put a spin on it) and we want to co-operate to the fullest extent to help the authorities prosecute this person to the limit of the law."

Blah blah blah.

There is no white knight.
There is no sudden management remorse.
There will be no confession from some bad manager exonerating you.
They will deny everything.
What they can't deny they will try and have excluded from the public record.
They will spend money on lawyers.
They will lay as much blame on you as they can.

JMW

http://www.ViscoAnalyser.com

 

[dik]

"What started the whole 'completeness in reporting' was one person assigned to go back through old reports and come up with a timeline of what was done during a building renovation had trouble making sense of past reports"

If you haven't already done so, you may want to record all the events and make notes (as detailed as possible). I don't know how things will shake out with this project, but this may help if events turn sour and you have a clear recollection of things as they unfolded.

Dik

 

[Xera]

I hate the waiting between post. It is like a soap opera or a two part mini series. A cliff hanger.

 

[ewh]

Perhaps another farting drafter for comic relief?

"Good to know you got shoes to wear when you find the floor." - [small]Robert Hunter[/small]

 

[casseopeia]

Xera, I'm still managing to hang on by my fingernails. I can't post very often because I have few breaks and no internet connection at home yet (just moved).

beej67, if anything I have held stuff back. The problem is that there is a culture of incompetance and blame at this place set by the people I call the three musketeers; the Principal-in-charge, his henchman, the 70-year-old Fine Arts major Senior Associate and the HR witch. When the three of them get together to troubleshoot some event, they have never to my knowledge looked at their own behavior. Instead, they throw blame onto the Project Managers as their first and only response, always adding the same line about how we could be doing more.

Maybe later I'll be able to add some background. I'm sure there is also a component of my own personality that escalates some of the turmoil. But there is no embellishment.


"Gorgeous hair is the best revenge." Ivana Trump

 

[beej67]

The only piece of the story I really question is why you haven't quit already. That's what makes the whole thing unbelievable to me. I've followed some of the other "adventures of casseopeia" threads, where you appear to be very assertive in dealing with clients or other engineers who are pushing the boundaries of business ethics. And yet you're heading into Month Four of this current drama with every indication that you're going to let them set you up to take the fall. Why?

Have you even started putting resumes out? Why not?

Do you expect to work at your current firm until you retire? Clearly not. So why hold on to the job now?

I have enormous amount of sympathy for folks who get screwed by their employers unexpectedly. My sympathy dwindles for folks who know they're being screwed and choose to allow it to happen.



Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[ImminentCollapse]

"The only thing saving me right now is having recently landed a couple of large projects....nice, fat fees with nice, fat retainers."

Saving you from what? Being fired from a horrible place to work?

This is not saving you from potential legal action, board action, professional reputation damage etc., etc., etc.

JMW is DEAD on.


IC

 

[MikeHalloran]

Another star for jmw's excellent analysis.



Mike Halloran
Pembroke Pines, FL, USA

 

[jmw]

Cass, shouldn't that be "The Three Stooges?"




JMW

http://www.ViscoAnalyser.com