Since the Walmart bribery story broke in April 2012, a number of key documents have been released or generated. Below is a collection of downloadable PDF copies of letters written to Walmart from US Representatives Elijah E. Cummings and Henry A. Waxman to Walmart regarding their Congressional investigation of the scandal as well as copies of all internal company documents released by the New York Times in its April 21, 2012 story, “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.”
- April 23, 2012: Congressmen announce investigation into the allegations of bribery at Walmart de Mexico reported in the New York Times.
- May 17, 2012: After examining hundreds of internal company documents, the Congressmen request access to Maritza Munich, former General Counsel for Walmart International, who advised the company to hire outside counsel to investigate the bribery allegations in 2005-2006. Shortly afterwards, Ms.Munich resigned.
- June 12, 2012: Congressmen write to Walmart stating that the company has not been cooperative with their investigation and has refused to provide key documents and access to Maritza Munich. The letter also notes that Walmart’s outside counsel briefed the Congressmen, and although lawyers could provide few details about Walmart’s FCPA violations, they did communicate that they were brought on to review Walmart’s anti-corruption policies in Mexico, Brazil and China and that they recommended that Walmart expand its review to India and South Africa, which they view as high-risk countries.
- August 14, 2012: Congressmen reiterate that Walmart has not cooperated with their investigation by failing to provide access to documents and key witnesses. The letter also states that the Congressmen have obtained company documents indicating that “Wal-Mart may have had compliance issues relating not only to bribery, but also to “questionable financial behavior” including tax evasion and money laundering in Mexico.”
- January 10, 2013: In response to company claims that senior executives had no knowledge of allegations of bribery to open a controversial store near the Teotihuacán pyramids, the Congressmen send attachments documenting that senior Walmart executives including Mike Duke were informed of the bribery allegations as early as 2005.
Internal Walmart documents released by the New York Times:
- Notes written by Juan Francisco Torres-Landa, a lawyer in Mexico City hired by Maritza Munich, General Counsel of Walmart International in 2005. Torres-Landa wrote these notes after questioning internal whistleblower Sergio Cicero Zapata over the course of three meetings in October 2005.
- “Investigation work plan” proposal prepared by law firm Wilkie Farr &Gallagher for Walmart senior executives in fall 2005. Walmart declined the proposal.
- Confidential Walmart memo describing Walmart’s plan for a limited internal preliminary inquiry into allegations of bribery made by internal whistleblower Sergio Cicero Zapata from fall 2005. This course of action was taken, in the place of a more thorough investigation previously proposed by outside law firm Wilkie Farr & Gallagher.
- Brief progress report sent by Joseph R. Lewis, Director of corporate investigations at Walmart in 2005, to his boss Kenneth Senser, VP for global security, aviation and travel at Walmart in 2005. Progress report is followed by an email from then-Walmart special investigator Ronald Halter to Joseph Lewis describing evidence of bribery payments that his team was finding during November 2005 internal preliminary investigation of allegations regarding bribery at Walmex.
- Walmart auditors wrote this report describing “suspect donations to government agencies in Mexico” after an internal preliminary investigation starting in November 2005.
- Report from Ronald Halter, then-special investigator for Walmart, describing results of November 2005 preliminary internal investigation over allegations of bribery at Walmex.
- Part of an email sent in January 2006 by then-General Counsel of Walmart International Maritza Munich arguing for an expanded investigation in Mexico over the allegations of bribery. Munich resigned just weeks after sending this message.
- An email exchange between Thomas Mars, then-Sr. VP and General Counsel for Walmart to Tom Mars, then-General Counsel for Walmart, discussing how to securely transfer the file generated by the preliminary internal investigation conducted by Mr. Halter to the office of José Luis Rodríguezmacedo Rivera, then-General Counsel of Walmex. Rodríguezmacedo was heavily implicated in the allegations of bribery made by whistleblower Sergio Cicero Zapata, yet Walmart executives decided to transfer power over the internal bribery investigation to Rodríguezmacedo in February 2006, against the advice of internal investigators.
- Part of a report written in early 2006 by José Luis Rodríguezmacedo Rivera, then-General Counsel of Walmex, to whom control of the internal bribery investigation was transferred despite allegations from an internal whistleblower that Rodríguezmacedo was involved in the bribery scheme.
- Email from then-Walmart special investigator Joseph Lewis, who was involved in a preliminary internal investigation into bribery allegations in Walmart in November 2005. The preliminary investigation revealed evidence of a potentially widespread bribery problem, yet control of the investigation was subsequently transferred to one of the executives implicated, José Luis Rodríguezmacedo Rivera, then-General Counsel of Walmex. In this email, Mr.Lewis offers his opinion about the conclusions of Rodríguezmacedo’s investigation.