Date Published: 
04/23/2012

The basic story seems to be that during its growth phase in Mexico, Wal-‎Mart hired local “specialists” who understood what needed to be paid to ‎whom to expedite (or allow) permits to issued, zoning to changed, and ‎authorizations to proceed. This was part of a strategy to grab the best ‎locations fast, so competitors would be left catching up later.

The effort has been documented in an internal investigation, and seems to ‎have been reviewed at Wal-Mart in the US.  And then “referred” back to ‎internal Mexican personnel, who promptly closed the file.

Problem is Wal-Mart may have violated the US Foreign Corrupt Practices ‎Act (FCPA) and that act has teeth. It is US legislation designed to prevent ‎US companies, wherever they operate, from bribing foreign officials.

Wal-Mart’s shares have taken a hit, its reputation has taken a hit, and it is ‎now cooperating with authorities in their investigation.

Certainly it seems that the payments in Mexico may have violated US law ‎‎(that was the conclusion of Wal-Mart’s lead internal investigator). Whether ‎the actions also constitute a cover-up remains to be seen.   In many cases, ‎the cover-up turns out to be worse than the original crime (often giving rise ‎to “obstruction” related charges.)‎

 

Risk Management Perspective: 

The FCPA and similar legislation are usually seen as applying to far-away ‎locations.  Mexico is not so far away.  Another area for caution. ‎

 

Industry Group: 
Large Enterprises
Industry: 
Retail
Country: 
United States
Risk Class: 
Strategic
Risk Type: 
Competition
Risk Type: 
Reputation
Risk Type: 
Regulatory
Risk Type: 
Ethical Tone

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