Hey Look … The Scoular DPA
On July 17th, the DOJ announced a $10.2 million FCPA enforcement action against The Scoular Company based on alleged bribery scheme in Mexico. (See here for the prior post).
As stated in the DOJ release:
“Between 2013 and 2019, Scoular relied on multiple customs brokers to ensure that its shipments of corn and other products successfully crossed from the United States into Mexico. Under Mexican law, those shipments were subject to inspection for dirt, soil, and other impurities. To ensure that Scoular’s shipments successfully transited the border despite inspections that found such dirt, soil, and other impurities, Scoular authorized multiple third-party customs brokers to bribe Mexican officials at the border. At the direction of Scoular employees, and for Scoular’s benefit, those brokers paid bribes of approximately $2,000 per Scoular train and invoiced the bribes back to Scoular for reimbursement of reinspection fees, which Scoular paid. Scoular employees communicated about shipments and bribes via WhatsApp and other means. In total, Scoular authorized bribes of more than $400,000 and avoided fees and costs of more than $6.5 million.”
As discussed in previous posts here and here, The Scoular enforcement action was a garden variety FCPA enforcement action.
Dear “Docketing Clerk” For The U.S. District Court – W.D. of Texas (El Paso)
On July 17th, the DOJ announced an FCPA enforcement action against The Scoular Company based on alleged bribery scheme in Mexico. (See here for the prior post).
The criminal information charging the company with conspiracy to violate the FCPA’s anti-bribery provisions has been in the public domain since the announcement (although some uniformed commentators continue to suggest that it is not); however the deferred prosecution agreement is not publicly available on the court docket.
According to a knowledgeable source, the DPA “should be” available, but it still isn’t perhaps due to an oversight, technology issue, link issue with the electronic docket.
For instance, the docket currently shows:
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.
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.