Asked to spoof pictures 2

[Opieo]

We have some tools that we get made for our customer and they pay us. We use these tools to make the final product that we sell to the customer.
Recently there were some changes that were made rather quickly (for the process of making these parts). As a consequence, some of the tools were not made, because they were replaced by other tools before they finished being designed. Basically, the customer changed their mind and moved on to a slightly different design.

Now, the customer has already issued us contracts and is ready to pay us for the tools that were not made, which, under the contracts and how everything works, is fine.
However, they have a very strict tooling approval process that requires pictures of the tools. Here is where I come in. I have been asked to doctor some photos to look like what the tools would look like if they were made. The photos will then be submitted to the customer for their approval process so that we can collect payment that was approved on the contracts.
I fear this may be getting into the corporate fraud department, but at the same time, they already issued us the contracts to be paid so it almost seems like it would be fine.
I know we are not really lawyers, but any input?

~
“Your request is not unlike your lower intestine: stinky, and loaded with danger.” — Ace Ventura.

 

[flapeyre]

In my opinion, you would be a party to fraud, should you alter the photos. Sounds to me like someone over there is trying to get you to cover his backside because they made the changes off the record, without going through the proper channels within his company.

I wouldn't participate in that. Give him the real tool pictures, and let the chips fall where they may (of course, you will want to scrupulously document everything).

If, by the contract's terms, substitution or design change is permitted, then you are covered. Stick to your guns.

-- Francis
Et cognoscetis veritatem, et veritas liberabit vos.

 

[MasterRacker]

Even is substitution is permitted, that still implies an actual physical object. Your pictures would be an "artists representation". If they're not clearly labeled as such, it strikes me as fraud.

I wouldn't want to be involved. "I was only following orders" is not always a valid defense.

Jeff
[small][purple]It's never too early to begin preparing for [/purple]International Talk Like a Pirate Day
"The software I buy sucks, The software I write sucks. It's time to give up and have a beer..." - Me[/small]

 

[Andrzejek]

I would provide the (doctored) photos of tools that “look like what the tools would look like if they were made. “ with the note on the pictures stating so, and the pictures of the actual tools used. along with the quote from contract stating that it was approved (since you say: “the customer has already issued us contracts and is ready to pay us for the tools that were not made, which, under the contracts and how everything works, is fine.”)

What the customer will do it is up to them, but you are covered just in case.


Have fun.

---- Andy

 

[lgarner]

Now, the customer has already issued us contracts and is ready to pay us for the tools that were not made, which, under the contracts and how everything works, is fine."

Then, why do they require pictures. Something seems off.

 

[lionelhill]

I'll just guess: because some management/database expert made it that they can't pay for a tool without a proper entry of what the tool is, and a picture of the tool is a required item in setting up the entry. In which case Andrzejek's reply is a good one, because they will care very little what the picture is, provided it fulfils the need to have a picture vaguely related to what happened.

 

[kmcferrin]

I agree, it feels a bit shady. It seems that if the contract allowed for them to change directions mid-process and still pay you for the work that you didn't complete that there would be a mechanism to account for this without providing pictures.

If it's merely a technical glitch (as suggested) then an "artist's representation" should probably suffice. Otherwise I would probably tell my boss that the whole thing feels questionable and that you're not comfortable doing it.

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[Diancecht]

I can't imagine a "very strict tooling approval process" that will approve budget for tools that never existed or will exist.

Something strange is going on behind the scenes.

Cheers,
Dian

 

[Opieo]

Thank you everyone for your thoughts.
@lgarner, lionelhill is correct. That is just how they set up the system. They won't issue the final payment until all entries are filled even though we already have the contracts. It is the difference between the customer's engineering department and finance department from what I understand. One group does one thing, the other group doesn't get involved until later (I could be wrong on that one).

They issue the contracts when work is approved. And until the new database system they use to track them was implemented, we could go in for the money right away for the small changes (which is what these would be for, the initial tools were more in depth before we got paid).

I felt uncomfortable enough with it to post here to ask for your guys advice and you seem to be having similar thoughts to what I was having, although you guys have given me some great thoughts that I did not think of. Thank you everybody!
I believe I will just hand the tags back and say that I am uncomfortable with it unless I can label that they are not real. The not so cool part about this is it is my boss that is asking me for the pictures (note here that I never got an email request, and I was just handed the tags (tiny metal plates) and asked to do it). The only person in this company who I full well trust that I could talk to anything about is my original boss, who, since they restructured our team is now by boss' boss. So, if I try to talk to him about this, it could be construed as going over my boss' head and could look pretty bad. I am currently on good relations with everyone here and would like to keep it that way. So, for now I shall just hand back the tags and mention that I am not comfortable with it.
Sorry I didn't get back to this sooner. Thanks again all, your input is quite appreciated.

~
“Your request is not unlike your lower intestine: stinky, and loaded with danger.” — Ace Ventura.

 

[harebrain]

(note here that I never got an email request, and I was just handed the tags (tiny metal plates) and asked to do it).

So your boss wants it off-the-record. Cover yourself.