FCPA Enforcement And The “C” Word
The recent Scoular Company FCPA enforcement action was a “garden variety” enforcement action.
A company doing business in a foreign country had a point of contact with a “foreign official” in connection with some regulatory aspect of its business and a bribe was allegedly paid.
FCPA enforcement actions in connection with licenses, permits, inspections, customs, or other regulatory issues are very common including prior enforcement actions involving Mexico.
For instance, in 2023 Lifecore resolved an FCPA enforcement action in connection with wastewater discharge permits in Mexico.
Alvelais Sentenced To 1.5 Years
In 2025, Carlos Leopoldo Alvelais pleaded guilty to a Foreign Corrupt Practices Act offense of some sort in the Western District of Texas. (See here for the prior post).
The facts and circumstances of the enforcement action were unclear as much of the substantive court docket was under seal.
However, last Friday the DOJ announced that “The Scoular Company (Scoular), an agricultural supply chain company based in Omaha, Nebraska, will pay over $10 million to resolve an investigation by the Justice Department into a years-long scheme in which it relied on bribery of Mexican officials to deliver trains of goods across the U.S.-Mexico border.” (See here for the prior post).
According to the DOJ release, Carlos Leopoldo Alvelais was a customs broker who paid bribes on behalf of Scoular.
Scoular Resolves $10.2 Million FCPA Enforcement Action
In 2025, Carlos Leopoldo Alvelais pleaded guilty to a Foreign Corrupt Practices Act offense of some sort in the Western District of Texas. (See here for the prior post).
The facts and circumstances of the enforcement action were unclear as much of the substantive court docket was and remains under seal.
However, last Friday the DOJ announced that “The Scoular Company (Scoular), an agricultural supply chain company based in Omaha, Nebraska, will pay over $10 million to resolve an investigation by the Justice Department into a years-long scheme in which it relied on bribery of Mexican officials to deliver trains of goods across the U.S.-Mexico border.”
According to the DOJ release, Carlos Leopoldo Alvelais was a customs broker who paid bribes on behalf of Scoular.
New Counsel In Hobson Cites Recent Supreme Court Decision And How It “Bears Directly On How This Case Was Litigated”
As discussed here, in February Charles Hunter Hobson (who served in a variety of roles at Corsa Coal from 2013 to 2018) was found guilty by a jury for various Foreign Corrupt Practices Act and related offenses in connection with an Egyptian bribery scheme. As highlighted here, the “foreign official” jury instruction in the Hobson case was flawed and Hobson’s motion for acquittal (filed on April 6th) on a variety of issues remains outstanding.
Recently, Hobson switched counsel and is now represented by R. McConnell Group attorneys Ryan McConnell, Matthew Boyden, and Larry Finder. This same group of attorneys recently represented FCPA defendant Ramon Alexandro Rovirosa Martinez. As highlighted in this recent post, in April, Judge Kenneth Hoyt (S.D. Texas) granted post-trial motions to dismiss and acquittal by Ramon Alexandro Rovirosa Martinez and ordered that he be released from prison.
Adani Responds
This prior post highlighted the on-going saga in U.S. v. Adani et al in connection with an alleged Indian bribery scheme (see here for the original post).
Gautam Adani, and others, were charged with securities fraud conspiracy and wire fraud conspiracy and several other defendants were charged with conspiracy to violate the FCPA’s anti-bribery provisions, among other charges.
In deciding whether to dismiss the action – per the DOJ’s request – Judge Nicholas Garaufis (E.D.N.Y.) directed Adani to respond to the following questions by sworn affidavit: