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Walmart Seven Years Later

Wal-Mart

Seven years ago this week the New York Times published an article (here) titled “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.”

The conduct at issue in the Times article related to Wal-Mart’s largest foreign subsidiary, Wal-Mart de Mexico (“Wal-Mart Mexico), and suggested that Wal-Mart Mexico “orchestrated a campaign of bribery to win market dominance” and that the entity “paid bribes to obtain permits in virtually every corner” of Mexico.

The April 2012 NY Times article resulted in intense world-wide media scrutiny of Wal-Mart. However, it was known months before the NY Times article, that Wal-Mart was under FCPA scrutiny.  Like in many facets of modern life, the narrative that Wal-Mart’s FCPA scrutiny began with the NY Times article became more important than actual facts and uniformed commentators who frequently display little regard for actual facts carried forward the narrative.  (See here for the December 2011 FCPA Professor post highlighting Wal-Mart’s FCPA disclosure and here for the prior post titled “Wal-Mart’s FCPA Scrutiny DID NOT Begin with the April 2012 NY Times Article).

Thus, this week is a false seven year anniversary of Wal-Mart’s FCPA scrutiny, but a meaningful anniversary nevertheless.

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Boncy Seeks Dismissal Of Indictment – Alleges That Government Destroyed Exculpatory Evidence

wow

As highlighted towards the end of this post, judicial findings of prosecutorial misconduct and other mishaps have been an all too frequent feature in contested individual FCPA enforcement actions.

In this recent filing, Richard Boncy (an individual added to the Haiti port project enforcement action in October 2018) moves to dismiss the indictment “on the basis that the Government has destroyed and otherwise failed to preserve evidence that would show he is innocent of all charges in indictment based on an alleged bribery scheme.”

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2004 Was An Important Year In Terms Of Modern FCPA Enforcement

2004

There are many practical (as well as certain provocative) reasons for the general increase in Foreign Corrupt Practices Act enforcement in the modern era. (See Chapter 6 of the book “The FCPA In a New Era” for a full discussion of this topic).

As highlighted in this post, 2004 was an important year that saw three developments relevant to the modern era of FCPA enforcement.

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New Article – Foreign Corrupt Practices Act Enforcement And Related Developments

recentarticle

Each January, this website publishes numerous year in review posts (see here).

In addition, for the 10th year in a row I authored a more comprehensive Foreign Corrupt Practices Act year in review / recent developments article that is published by a law review or journal.

The 2018 version (forthcoming in the Mississippi Law Journal) can be downloaded here.

Below is the abstract.

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Elevate Your FCPA Knowledge And Practical Skills At The FCPA Institute – Minneapolis (June 20-21)

Featured Image FCPA Institute

Interested in elevating your Foreign Corrupt Practices Act knowledge and practical skills?

For professionals in the FCPA space – or wishing to join the FCPA space – this is what the FCPA Institute is all about and the next FCPA Institute will be in Minneapolis on June 20-21st.

The FCPA Institute is different than a typical FCPA conference.

At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience. Moreover, the FCPA Institute promotes active learning by participants through issue-spotting videos, skills exercises, small-group discussions and the sharing of real-world practices and experiences.

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