L5M2 practice question 21 of 25

Dave is a procurement manager for a chocolate factory who is running a tender to source cocoa from a new supplier. The tender is a huge opportunity for suppliers and the contract would be worth millions of pounds. Dave has passed some information about the tender to one of the bidders in exchange for a free holiday to Barbados. Which of the following types of fraud has Dave committed?

Full set: 115 questions
Answer options
A: holiday fraud
B: accepting a kick-back
C: counterfeiting
D: bribery Correct answer
Correct Answer:
D. bribery
Explanation

The scenario describes bribery, which is the act of offering, giving, receiving, or soliciting an item of value to influence the actions of an official or other person in charge of a public or legal duty. Dave, in his capacity as a procurement manager, has accepted a personal advantage (a holiday) in exchange for improperly performing his duties by leaking confidential tender information. This action is intended to give the bidder an unfair advantage, which is the core element of bribery. This falls under the offence of 'being bribed' as defined by legislation such as the UK Bribery Act 2010.

Why Incorrect

A. holiday fraud: This term relates to scams targeting consumers in the travel industry (e.g., fake accommodation listings), not corruption within corporate procurement.
B. accepting a kick-back: A kickback is a specific form of bribe, typically a payment made to someone who has facilitated a transaction (e.g., a percentage of the contract value). Bribery is the broader and more precise term for the inducement described.
C. counterfeiting: This involves the imitation of goods, currency, or documents with the intent to deceive and is irrelevant to the abuse of authority described in the scenario.

References

1. The UK Bribery Act 2010: Section 2, "Offences of being bribed," defines this offence as when a person "agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly." Dave's acceptance of a holiday fits this legal definition precisely. (Source: legislation.gov.uk, Bribery Act 2010, c. 23, Part 1, Section 2).

2. CIPS (Chartered Institute of Procurement & Supply) Guidance: The CIPS Code of Professional Ethics requires members to "reject any business practice which might reasonably be deemed to be improper" and "never use their authority or position for their own private gain." Dave's actions are a direct violation of these core principles, which are designed to prevent bribery and corruption. (Source: CIPS Code of Professional Ethics).

3. Academic Text: Lysons, K., & Farrington, B. (2020). Procurement and Supply Chain Management. Pearson. In Chapter 5, "Ethical and Sustainable Sourcing," bribery is defined as "the offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust." The scenario is a textbook example of accepting an advantage for a breach of trust. (p. 136).

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