'Exhibit A': How McKinsey Got Entangled in a Bribery Case - The New York Times - 0 views
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McKinsey says it advised Boeing of the risks of working with the oligarch and recommended “character due diligence.” Attached to its evaluation was a single PowerPoint slide in which McKinsey described what it said was the potential partner’s strategy for winning mining permits. It included bribing Indian officials.
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The partner’s plan, McKinsey noted, was to “respect traditional bureaucratic process including use of bribes.” McKinsey also wrote that the partner had identified eight “key Indian officials” — named in the PowerPoint slide — whose influence was needed for the deal to go through. Nowhere in the slide did McKinsey advise that such a scheme would be illegal or unwise.
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The story of McKinsey’s role in the episode has remained hidden from public view for 12 years. Even today the firm’s ultimate recommendation and how its client, Boeing, responded remain something of a mystery, cloaked in the secrecy of grand jury proceedings. But McKinsey’s reference to illegal acts has thrust the firm into a tangled international battle over the extradition of Mr. Firtash, who has been charged in the United States with bribing Indian officials in anticipation of getting titanium for Boeing
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Neither McKinsey nor Boeing was charged in the case, and Boeing has not been accused of paying bribes. But several employees of the two companies are believed to have testified before a grand jury. Boeing continued to pursue the venture even after being advised that its partner’s plans included paying bribes, records show
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As orders flooded in, Boeing executives knew well what was at stake. In an article about the Dreamliner, The M.I.T. Technology Review quoted a manager saying, “If we get it wrong, it’s the end.”
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But Boeing faced a more basic question: Should it even be doing business with this group — largely little-known figures from India, Sri Lanka and Hungary? The exception was the leader and leading financier, Mr. Firtash, who had expertise as the owner of titanium processing plants in Ukraine.
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This was the business plan that McKinsey was brought in to assess, the plan that its report described as including the paying of bribes.
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then there was the curious timing of the Americans’ pursuit of Mr. Firtash, which the judge suspected was linked to his influence in Ukrainian politics, especially his help in electing the president, Viktor F. Yanukovych, in 2010.
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As soon as it became clear that Mr. Yanukovych, under pressure from Russia, was reconsidering signing the European Union agreement, the judge pointed out, an American delegation traveled to Kiev to bring him in line.Facing the prospect that Mr. Firtash might sway Mr. Yanukovych and use his connections to help him remain in power, the United States asked Austria to arrest the oligarch, the judge said.
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Then, a few days before the planned arrest, the documents show, came another urgent message: “As part of a larger strategy, U.S. authorities have determined we need to pass up this opportunity.” No arrest. No explanation of the larger strategy.
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To the surprise of American officials, the judge denied extradition on the grounds that the request was politically motivated, whether or not Mr. Firtash was “sufficiently suspected” of breaking the law.
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In response to questions from The Times, Dan Webb, one of Mr. Firtash’s lawyers and a former United States attorney in Chicago, said his client had nothing to do “with the creation or presentation of the PowerPoint slide proposing bribery and used by U.S. prosecutors to support extradition of Firtash.” He accused prosecutors of falsely telling Austrian officials that the slide constituted “clear proof” that Mr. Firtash was behind the bribery scheme, adding that “U.S. prosecutors never withdrew their false statement.