Final answer:
E-mation can sue Jose to recover the money he pocketed instead of making the bribe payment.
Step-by-step explanation:
If E-mation sues Jose for pocketing the money instead of making the bribe payment, E-mation will have legal recourse to recover the funds from Jose. This is because Jose was entrusted with the money for a specific purpose, which he did not fulfill. E-mation can argue that Jose breached his fiduciary duty to act in the best interest of the company.