A July 2026 federal bribery prosecution of a U.S. firm and resulting criminal fine and forfeiture of more than $10 million is a harsh reminder that companies operating in the U.S. must take seriously compliance with anti-bribery laws.
On July 17, 2026, Scoular Company, an Omaha-based agricultural company, entered a three-year deferred prosecution agreement (DPA) filed in federal district court in Texas for conspiracy to violate the Foreign Corrupt Practices Act (FCPA). The criminal information detailed Scoular’s years-long scheme to pay more than $400,000 in bribes to officials in Mexico to facilitate cross-border shipments of corn and other goods and avoid inspection by Mexican authorities.
The scheme, which began in 2013 and went on for at least six years, involved Scoular employees authorizing third-party customs brokers via WhatsApp to pay approximately $2,000 per Scoular train to bribe Mexican border officials and avoid more than $6.5 million in inspections fees. Customs brokers then invoiced the bribe payments to Scoular which the company reimbursed as “reinspection costs.” Proper inspections of Scoular’s agricultural products would have identified dirt, soil and other impurities which could have prevented transit into Mexico.
Although Scoular cooperated with the government in the investigation, the company did not disclose the violations and so did not receive early disclosure credit. However, Scoular took a number of remedial measures including, among others: (i) implementing an anti-bribery compliance (ABC) program and policy; (ii) conducting an ABC risk assessment; (iii) establishing risk-based reviews, monitoring, approvals and oversight, especially where third parties are engaged; (iv) establishing contractual audit rights over third party contracts; (v) terminating the use of customs brokers; (vi) implementing controls over high risk transactions payments; (vii) training employees on ABC risks; and (viii) improving ABC compliance sensitivity across the company.
To avoid possible criminal and civil violations of the FCPA, the UK Bribery Act and other anti-bribery laws, companies that operate in the U.S. or globally must establish an effective ABC program. Such program should consider bribery and corruption risk involving customers, third parties engaged to obtain or retain business, high risk transactions involving countries or industries with elevated corruption or sanctions risks, third party payments and new hire risks. Absent such robust compliance, firms may face criminal or civil prosecution, significant fines and reputation damage that could last for years.
See Press Release here: https://www.justice.gov/opa/pr/agricultural-company-pay-over-10m-resolve-foreign-bribery-case