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Ethics: Modifying Reports and Over Billing Fraud

Ethics: Modifying Reports and Over Billing Fraud. Group B Nadia Caraveo • Lillian Salas • Danniel Rodriguez, Mariel Reyes • Manuel Valenzuela • Ricardo Macias. Topics to be Discussed. Summary of case Fundamental Canons Federal False Claims Act 1863 Real Life Cases

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Ethics: Modifying Reports and Over Billing Fraud

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  1. Ethics: Modifying Reports and Over Billing Fraud Group B Nadia Caraveo • Lillian Salas • Danniel Rodriguez, Mariel Reyes • Manuel Valenzuela • Ricardo Macias

  2. Topics to be Discussed • Summary of case • Fundamental Canons • Federal False Claims Act 1863 • Real Life Cases • Texas Engineering Ethics • Resolution • Prevention • Conclusion

  3. Summary of Case • Building Inspector • Contracted by IJK, Inc. • IJK, Inc. not an Engineering Firm • Modify reports • Charged double the cost

  4. Fundamental Canons • Canon 1 • Canon 4 • Canon 5 • Canon 6 http://www.asce.org/Leadership-and-Management/Ethics/Code-of-Ethics/

  5. Federal False Claims Act 1863 • Whistle Blower or Lincoln Law • Passed in 1863 under President Lincoln • Protects fraud against federal government • Contracts • Taxpayer

  6. Comparable Cases • NYC American Standard Testing and Consulting Laboratories (ASTC) • Fraudulent Test Reports • Skipping Safety Test • Creating False Reports • BP Oil • False compliance certifications • ASCE & CPC vs. Engineering Firm • Falsifying hours on time sheets

  7. Texas Law • Texas Occupation Code, Title 6, Chapter 1001 • A person may not engage in the practice of engineering unless the person holds a license issued under this (Texas) chapter. •    A person may not receive any fee or compensation or the promise of any fee or compensation for engaging in the practice of engineering unless the person holds a license issued under this (Texas) chapter.

  8. Texas Law • 1001.552 Criminal Penalty • A person commits an offense if the person : • Engages in the practice of engineering without being licensed or exempted from licensing requirement under this chapter •    Violates this (Texas) chapter •    Presents or attempts to use as the person’s own license or seal of another

  9. Resolution • Contact local engineering/inspection compliance office • Publics and his personal interest • Hazards potentially posed to public • His reputation might be a stake • Must cooperate fully with higher authority

  10. Prevention • Provide legal disclaimer to all entities involved • Disclaimer must include all protocol • Disclaimer voids work outside his recommendations • Sets liability boundaries

  11. Conclusion • Engineer Adam must act upon IJK, Inc.’s questionable practice • His duty as an engineer to protect the public • Seek financial counsel regarding his generous discount • He cannot completely control how customers will conduct business, but he can take control to what pertains to him

  12. References • Kevin Wilcox (2010). NYC Concrete. Retrieved From http://www.asce.org/CEMagazine/Article.aspx?id=12884911014 • State of Texas, Texas Board of Professional Engineers. (2009). Texas occupations code, tile 6, chapter 1001. Retrieved from http://www.tbpe.state.tx.us/eng_req.htm • US Legal Inc. (2011) False Claims Act Law & Legal Definition. Retrieved from http://definitions.uslegal.com/f/false-claim-act/ • no author given (March 2011). Case AgainstBP Oil Platform Goes Forward. False Claims Act Update & Alert. Retrieved from http://www.taf.org/whistle313.htm

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