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Letter WalMart Official Bribery Allegations 2012-1-10 0

Letter WalMart Official Bribery Allegations 2012-1-10 0

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Published by: hmaguey on Jan 10, 2013
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01/15/2013

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Mr. Michael
T.
DukeChief Executive OfficerWal-Mart Stores,Inc.702 SW 8th StreetBentonville,AR 72716Dear
Mr
.Duke:
(!Congrtss
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20515
January
10
,2013We are writing regardingnewallegations that Wal-Mart systematically bribed officialsthroughout Mexico
in
order to evade zoning, environmental,and permittinglawsatthe company's Bodega Aurrera store in Teotihuacan, Mexico. We are concerned that yourcompany's public statements that the company was unaware
of
the allegations appear to beinconsistent with documents we have obtained through our investigation. Contrary to WalMart
's
public statements, the documents appear to show that you were personally advised
of
theallegations
in
October 2005.Lastmonth,the New York Timesreportedthat Wal-Mart paidhundreds
of
thousands
of
dollars
in
bribes to secure approvalstobuild its store in Teotihuacan onthesite
of
ancientruins.Althoughthe localjurisdiction adopted a zoning mapthatwouldhaveprevented Wal-Mart from building itsstore,the New York Times reported that "Wal-Mart de Mexico arrangedto bribean officialtochangethemap"before itwas publishedinanewspaper,which was the final requirementbeforethe zoningmap became law.
1
According totheNew York Times,other paymentswere made tothemayor and the National Institute
of
Anthropology andHistory(INAH).The New York Times describedtheWal-Mart store in Teotihuacan as "themost controversial Wal-Mart in Mexico,a powerful symbol
of
globalism'simpact
on
Mexican cultureand commerce.
,,2
Inresponseto thisreport,the
New
York Times reportedthatyour company spokesman"saidthatwhileexecutivesin the United States were aware
of
thefurorinTeotihuacan theydid not know aboutthecorruption allegations.")However,documents obtainedbyour staffs from a confidential sourceindicate thatyou and other senior Wal-Mart officials were personallyinformedabout these bribery allegationson multiple occasions.
1
The
Bribery Aisle: How Wal-Mart GotIts
Way
in Mexico,
New York Times (Dec.
17
,2012) (online at www.nytimes.coml2012/
12
/
18
/business/walmart-bribes teotihuacan.html?ref=global-home&_r=I&).
2
Id.
)
Id.
 
Mr. Michael
T.
DukePage2For example, on November1,2005,Maritza Munich,thenGeneral Counsel
of
Wal-MartInternational,e-mailed you and several other seniorWal-Martofficials about specific allegations made bySergio Cicero Zapata,theformerin-housecounselfor Wal-Martde Mexico who was
in
charge
of
obtainingbuilding permits throughout Mexico,relating to bribespaid
to
obtainpermitsfor the Teotihuacan store.Here-mail forwarded a summary
of
aninterview
of
Mr.
Zapata,which stated:Thepayments at theTeotihuacan sitewere made only to the majority
of
the MunicipalCouncilbecause
of
the difficulty
to
address allpolitical parties.Eventuallythe agreementwas only reachedwith the PRJand PRO representatives(sufficient
to
secureamajority)for a totalnet payment
of
1.2 million pesos.The document also stated: "Likewise,theNationalInstitute
of
Anthropology andHistory("INAH")required anofficialdonation
of
$500,000.00pesosand
al
so apersonal irregulargift
of
$400,000.00 fortheINAH's Director.
";
Two weeks earlier, on October15,2005,Wal-MartGeneralCouns
el
Thomas Marssentan e-mail
to
youandTomHyde,the Executive VicePresident
of
Wal-Mart Stores,Inc.Notes from an interview with
Mr.
Zapata which appear tobe attached to thise-mail also referencedbribes paid
to
obtainpermitsfortheTeotihuacansite.
6
In
addition, preliminary resultsfrom aninternal investigation initiated by Wal-Mart'sInternaJAudit Services,but closed
in
2006,appearto haveconfirmedtheseallegations. Documentswehave obtainedshowthatcheck requests weremade forthe Teotihuacanproject for"payment
to
a gestoria for obtainingthe Road/Highway Ruling"and"payment for certification
of
excavation actions carried out
by
theINAH.,,7
4
E-mail fromMaritza Munich,General Counsel, Wal-MartInternational,toMikeDuke, ViceChairman,Wal-Mart International,CraigHerkert, President andChief Executive Officer
of
theAmericas forWaJ-Mart Store
s,
Inc.,Tom Hyde,Executive VicePresident,WaJ-Mart Stores, Inc.,ThomasMars,General Counsel,Wal-MartStores,Inc.,LeeStucky, Chief Administrative Officer,WaJ-Mart International,MichaelFung, SeniorVice President, InternalAudit Services, Wal-MartStores,Inc.,andKennethSenser,VicePresidentforGlobal Security,Wal-Mart Stores, Inc.(Nov.
I,
2005).
5
fd.
6
E-mailfrom Thomas Mars,General Counsel,Wal-Mart Stores, Inc.,
to
Mike Duke,ViceChairman
of
WaJ-Mart Internationaland TomHyde,ExecutiveVice Presidentand Corporate Secretary,Wal-MartStores,Inc.(Oct.
15
,2005) ("To securetheapproval from the MunicipalCouncil and withtheactivereportingatthat time to Jose Luis Rodriguez, Mex$1,250,000.00 weredeliveredto 7
of
the
II
Municipal County Members.");
Jd.
("TheNational
In
stitute
of
Anthropologyand
Hi
story(INAH) asked foranofficial donation
of
Mex$400,000.00buttheINAH'sPresident received
an
irregular payment
ofMex$150
,000.00
to
give approval forthe correspondingconstruction site given itsproximitytothearchaeological site."
).
7Site:Bodega Teotihuacan,Urgent CheckRequestMemo.

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