The main issue in scenario 1 is that the company owner has violated the anti-bribery act by giving money to a stranger who claims that he represents a government agency that approves or denies license applications. Even though the boss did not intend to pay money to the mentioned agent, he still paid some cash to the man with the badge without verifying the truth behind the information. The boss made payments to the man with the badge, but he recorded the information in accounting books as a charity, but this was not charity, it was a bribe.
It’s important to note that no one knows who the person with the badge is until his identity and a true connection with the alleged government agency is established. The second issue is about the boss giving money to the man with the badge. As an employee watching the two engage, the exchange of money between the two is enough proof that the boss is accepting to bribe and to act later on it. Since the boss issued money to the man, he agreed to give a bribe, and whether he fulfills it or not, the boss is already guilty of bribery. The deal is sealed when the man with the badge accepted money from the boss and walked away. The fourth issue is about fraudulently recording the transaction. This is further evidence of fraud; the boss intentionally records a transaction wrongly to conceal his act. The fraudulent recording of the transaction hits the nail on a coffin.
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A criminal will never reveal their true identity, they will say that they were not willing to commit the crime once they are caught, but it is the evidence that tells the truth. The evidence here is money exchange between the two, and the fraudulent recording of the transaction. I would report this case as a fraud by the boss, colluding with someone possibly sent by the government agency.
