No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • CCI Magazine
    • Writing for CCI
    • Career Connection
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Library
    • Download Whitepapers & Reports
    • Download eBooks
    • New: Living Your Best Compliance Life by Mary Shirley
    • New: Ethics and Compliance for Humans by Adam Balfour
    • 2021: Raise Your Game, Not Your Voice by Lentini-Walker & Tschida
    • CCI Press & Compliance Bookshelf
  • Podcasts
    • Great Women in Compliance
    • Unless: The Podcast (Hemma Lomax)
  • Research
  • Webinars
  • Events
  • Subscribe
Jump to a Section
  • At the Office
    • Ethics
    • HR Compliance
    • Leadership & Career
    • Well-Being at Work
  • Compliance & Risk
    • Compliance
    • FCPA
    • Fraud
    • Risk
  • Finserv & Audit
    • Financial Services
    • Internal Audit
  • Governance
    • ESG
    • Getting Governance Right
  • Infosec
    • Cybersecurity
    • Data Privacy
  • Opinion
    • Adam Balfour
    • Jim DeLoach
    • Mary Shirley
    • Yan Tougas
No Result
View All Result
Corporate Compliance Insights

Technological Fraud in Cycling and the Myth of the Rogue Employee

by Thomas Fox
February 8, 2016
in Uncategorized
Technological Fraud in Cycling and the Myth of the Rogue Employee

This article was republished with permission from Tom Fox’s FCPA Compliance and Ethics Blog.

On this day in 1934, Hammerin’ Hank Aaron was born.  For my money, he is the greatest homerun hitter ever. He began his professional baseball career in 1952 in the Negro League, but soon joined the Milwaukee Braves of the National League in 1954, eight years after Jackie Robinson had integrated baseball. He quickly established himself as an important player for the Braves and won the National League batting title in 1956. The following season, he took home the league’s Most Valuable Player (MVP) award and helped the Braves beat Mickey Mantle and the heavily favored New York Yankees in the World Series. The Braves returned to the World Series in 1958, but lost to the Yankees in seven games.

In 1959, Aaron won his second league batting title. He hit .300 or higher for 14 seasons and slugged out at least 40 homers in eight separate seasons. In May 1970, he became the first player in baseball to record 500 homers and 3,000 hits. I will never forget Milo Hamilton’s call of Aaron’s shot to break Babe Ruth’s record of 714 career home runs, on April 8, 1974, against the Los Angeles Dodgers. Aaron retired in 1976 with 755 total homers, 2,297 career runs batted in, 6,856 career total bases and 1,477 career extra base hits; the final three records still standing.

Aaron’s career homerun records stand in stark contrast to the man who broke his record, Barry Bonds, who is believed to have used performance-enhancing drugs to break the record. While Bonds’ cheating may not have been proven, that of Lance Armstrong in cycling is well-known and well-documented. One of the most interesting (or perhaps saddest) things that occurred when Armstrong finally admitted he had doped was that cheating was so widespread in the sport that there was no one left to award the vacated first place awards to after Armstrong was stripped of his.

Yet as bad as cheating in cycling was, it actually may have been taken to a new level with the introduction of what the Wall Street Journal called “technological fraud.” In an article entitled “Cycling’s New Scandal is a Motor,” Jason Gay detailed that the latest scandal to hit international cycling events is the motorization of the bike. He wrote, “I’m talking about an elite-level cyclist getting busted this weekend for a motor in a bicycle. That’s right, a motor inside a leg-powered bicycle. Just when you think you’ve heard it all about illegal performance enhancement in sports, here comes … vroooooooooom … perhaps the goofiest scandal ever.”

The motor appeared in the bike of Femke Van den Driessche in the sport of cyclocross, which combines cycling, some running with the bike on your shoulder and clearing obstacles such as barriers and steps. Gay reported that Union Cycliste Internationale President Brian Cookson confirmed that there was “a concealed motor” at a news conference. You do have to admire cyclist Van den Driessche, who mounted the best “big-dog-ate-my-homework” defense since at least the Pink Panther movies when she denied that it was her bike, adding, “I would never cheat.”

Even Gay admitted the entire episode sounded so preposterous as to be absurd, yet he noted, “It sounds absurd, but such technology exists. Small, battery-powered motors have been made that can fit inside the bottom bracket of a bicycle, near the pedals, which can be turned on and off with the push of a hidden button. It isn’t as if the bike suddenly turns into a Harley-Davidson – instead, the motor gives the rider an artificial push as he or she continues to pedal the bike.”

Sadly, Gay cited Katie Compton, a U.S. cyclocross racer, who was quoted as saying, “I didn’t think that it would actually ever happen.” Even worse she said, “this has probably been happening on the road more than anyone realizes.” Gay also quoted former men’s U.S. cyclocross champion, Tim Johnson, who said he was “ashamed to have this happen in our sport.”

Obviously, this is a problem. But it also speaks to why the myth of the rogue employee is simply that – a myth. How many people do you think it took to develop and sell the motor unit, custom made for cyclocross? Who do you think installed it? Too bad Van den Driessche is not German, as perhaps she could advise Volkswagen going forward on how to claim its 10-year program to defraud emissions testing was the result of “rogue engineers.”

How about the most recent Foreign Corrupt Practices Act enforcement action involving SAP? There have been rumblings that the former head of Latin America Sales, Vicente Garcia, was that pesky lone wolf, the rogue employee, and that he somehow managed to create a slush fund for the payment of bribes all on his own by intentionally deceiving his employer, the worldwide software giant SAP. Does anyone realistically think he did this all on his own?

But perhaps the more important question is the following: if Garcia defrauded an $85 billion company, according to the site NetWorth.com, what does it say about the internal controls of a company that allowed a senior-level employee to do this and, indeed, one who admitted that he believed paying such bribes was necessary to secure both the initial contract and additional Panamanian government contracts?

The tale of the rogue employee is likened to the explanation that it was really just human error. The problem with this is there is no exploration of the compliance system failures that allowed the employee to engage in the bribery and corruption. Even if an employee can evade the controls in a system at one level, there should be another level of oversight. In Garcia’s case, it appears he could set the discount rate for the corrupt distributor through which the bribe was paid in addition to the sales price with no meaningful oversight.

What about cheating by putting a motor on a leg-powered bicycle? Gay said it was probably “a punch line too far,” and quoted cyclocross champion Johnson as saying, “I laugh and you laugh, but it’s really not funny. It sucks.”

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business advice, legal advice or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The author gives his permission to link, post, distribute or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at tfox@tfoxlaw.com.


Previous Post

GRC Priorities for 2016: Getting Convergence Right

Next Post

Labor-Friendly Moves by EEOC, Other Agencies Present Employers With Mounting Challenges

Thomas Fox

Thomas Fox

Thomas Fox has practiced law in Houston for 25 years. He is now assisting companies with FCPA compliance, risk management and international transactions. He was most recently the General Counsel at Drilling Controls, Inc., a worldwide oilfield manufacturing and service company. He was previously Division Counsel with Halliburton Energy Services, Inc. where he supported Halliburton’s software division and its downhole division, which included the logging, directional drilling and drill bit business units. Tom attended undergraduate school at the University of Texas, graduate school at Michigan State University and law school at the University of Michigan. Tom writes and speaks nationally and internationally on a wide variety of topics, ranging from FCPA compliance, indemnities and other forms of risk management for a worldwide energy practice, tax issues faced by multi-national US companies, insurance coverage issues and protection of trade secrets. Thomas Fox can be contacted via email at tfox@tfoxlaw.com or through his website www.tfoxlaw.com. Follow this link to see all of his articles.

Related Posts

dod pentagon

CMMC 2.0 Creates New Compliance Calculus for Defense Contractors

by Shrav Mehta
July 3, 2025

Simplified framework still poses significant challenges for smaller defense industrial base participants

Integreon Launch

Integreon Launches AI-Enabled Legal & Regulatory Compliance Services

by Corporate Compliance Insights
July 2, 2025

Integreon has launched AI-enabled legal and regulatory compliance services powered by ContractPodAi's Leah intelligence platform to automate compliance processes and...

SpeakUp Launch

SpeakUp Launches AI Phone Agent and Disclosure Management Platform

by Corporate Compliance Insights
July 2, 2025

SpeakUp has launched two new solutions — an AI-powered disclosure and approval management platform called SpeakUp Paths and an AI...

Riskonnect Launch

Riskonnect Launches AI Governance Solution for Risk Management

by Corporate Compliance Insights
July 2, 2025

Riskonnect has launched an AI governance solution integrated within its risk management platform to help organizations manage AI-related risks and...

Next Post
Labor-Friendly Moves by EEOC, Other Agencies Present Employers With Mounting Challenges

Labor-Friendly Moves by EEOC, Other Agencies Present Employers With Mounting Challenges

No Result
View All Result

Privacy Policy | AI Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Research
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2025 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
No Result
View All Result
  • Home
  • About
    • About CCI
    • CCI Magazine
    • Writing for CCI
    • Career Connection
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Library
    • Download Whitepapers & Reports
    • Download eBooks
    • New: Living Your Best Compliance Life by Mary Shirley
    • New: Ethics and Compliance for Humans by Adam Balfour
    • 2021: Raise Your Game, Not Your Voice by Lentini-Walker & Tschida
    • CCI Press & Compliance Bookshelf
  • Podcasts
    • Great Women in Compliance
    • Unless: The Podcast (Hemma Lomax)
  • Research
  • Webinars
  • Events
  • Subscribe

© 2025 Corporate Compliance Insights