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Raghavan v. Boeing Co.10/31/2005
0 to fund market research for a satellite sale to the Russians. His presentation was based on the written proposal. Page 2 of the proposal, entitled, "Background," contained a heading, "Boeing Very Interested in a Potential Sale of 40 Commercial Jets ($4 Billion) to Russia." Under that heading, the proposal stated that Russia "is insisting on about 120% `industrial offset' as a condition for the contract" and that "Satellite investment opportunities, identified by BSS, could eliminate shortfall in the required offset amount." On page 4, under the heading, "Russia Satellites Marketing - Needs/Next Steps," the proposal contained a subheading, "Closure on Offset Criteria for Aircraft Contract." On page 5, under the heading, "Next Steps: The Parallel Paths," the proposal had two columns: one read, "Evaluation of Market Potential"; the other read, "Determination of Offset Criteria." The bottom of page 5 contained the notation: "Russian Ventures being evaluated both as stand-alone satellite sales and as tie-in to BCAG efforts. For both timing and strategic reasons, these efforts should proceed simultaneously." Page 6, entitled, "Timeline," stated in part that in June 2001, Boeing should " onduct discussions with [the Russians] regarding offset criteria"; on July 9, 2001, the market research study should be delivered; in July 2001, discussions should be held with "BCAG regarding possible synergy opportunities given market data and offset criteria"; and on August 1, 2001, a decision should be made "whether to allocate initial campaign fund for coordinated BCAG/BSS Russian Campaign."
Randy Brinkley, BSS's president, entered the meeting after it had started. When he saw Raghavan's proposal, he got angry, stopped the presentation, and told Raghavan to review the presentation material with Zinn and get Zinn's approval. Thereafter, Brinkley requested that an investigation be conducted to determine whether Raghavan had made any misrepresentations during the presentation.
Alan Roper, BSS's ethics officer, conducted the investigation. Ultimately, BSS issued a written reprimand on July 30, 2001, stating: "Recently a BSS Ethics investigation substantiated that you engaged in misrepresentative behavior towards a number of Senior Management personnel . . . . Such improper behavior involved your failure to fully disclose all relevant information to all pertinent parties as regards a late April 2001 trip to Russia. Also substantiated was the fact that you provided BSS Senior Management with false information (i.e., made misleading statements) during a Tuesday, 29 May 01 meeting . . . . [ ] Provision of false or misleading information is not acceptable conduct at our Company. Although it did not appear that your misrepresentation(s) were malicious, and could perhaps be attributed to an overzealous pursuit of business in Russia, for your misrepresentative behavior in this situation(s) you are being given this written reprimand."
Meanwhile, in early April 2001, Raghavan had received an e-mail from Dean Farmer, BSS's director of new business development. The e- mail included about 40 pages of what appeared to be proprietary information obtained from Lockheed Martin Corporation, Farmer's previous employer and one of BSS's competitors. Raghavan believed that Farmer's possession and use of the Lockheed information was unlawful and reported the matter to BSS's ethics office. An investigation followed. Farmer was first interviewed on April 12, 2001, and again on May 2, 2001. The day after the first interview, Farmer was placed on a paid administrative leave, pending the completion of the investigation.
Farmer told investigators he brought the Lockheed documents to BSS solely for use in formatting prese
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