March 13, 2013 Honorable Representative Joseph Crowley United States Congress Dear Representative Crowley, We are writing to you

as members of the Walmart Free NYC coalition to request a meeting with you and to urge you to support the call by Rep. Cummings and Rep. Waxman for a full investigation into potential violations of the Foreign Corrupt Practices Act (FCPA) and a subsequent cover-up by Walmart Stores, Inc. We urge you to call on Walmart to cooperate fully with the investigation, including providing testimony, under oath, from CEO Mike Duke, former Walmart International General Counsel Maritza Munich, and other executives, as called by Congress. As you are aware, in April of last year, the New York Times uncovered significant evidence of violations of the FCPA by Walmart in Mexico.1 A second article, written in December, detailed a massive bribery scheme designed to allow Walmart to illegally build a store on ancient ruins near Teotihuacan, a national Mexican archeological treasure and UNESCO World Heritage Site.2 The Times’ coverage exposes how executives in Walmart’s Bentonville headquarters were not only aware of the bribery allegations, but took actions to scuttle any formal investigations and keep the issue from becoming public. On January 10, 2013, Rep. Cummings and Rep. Waxman wrote to Walmart expressing further concern about documents that they received as part of their ongoing investigation into the company’s potential violations of the FCPA and subsequent cover-up.3 The letter read, in part, “We are concerned that your company’s public statements that the company was unaware of the allegations appear to be inconsistent with documents we have obtained through our investigation. Contrary to Wal-Mart’s public statements, the documents appear to show that… [Walmart CEO Mike Duke was] personally advised of the allegations in October 2005.”4 The documents received by Rep. Cummings and Rep. Waxman also further establish the apparent key role played by Maritza Munich, the former General Counsel of Walmart International. Yet, according to the letter, Walmart has blocked access to Ms. Munich, despite requests from Rep. Cummings and Rep. Waxman for more than six months. Fundamentally, this inquiry is about accountability for the world’s largest retailer. Walmart’s internal oversight mechanisms appear to have failed repeatedly, the company appears to have violated the law on a massive scale, and the public has suffered. These types of failures of internal controls can often lead to

1

“At Wal-Mart in Mexico, a Bribe Inquiry Silenced,” by David Barstow, The New York Times, April 21, 2012. http://www.nytimes.com/2012/04/22/business/at-wal-mart-in-mexico-a-bribe-inquiry-silenced.html 2 “How Wal-Mart Used Payoffs to Get Its Way in Mexico,” by David Barstow and Alejandra Xanic von Bertrab, The New York Times, December 17, 2012. http://www.nytimes.com/2012/12/18/business/walmart-bribes-teotihuacan.html 3 The letter that the Representatives sent to Walmart CEO Mike Duke on January 10, 2013 is available online at http://democrats.oversight.house.gov/images/stories/Final%20Wal-Mart%20Letter.pdf. 4 Documents indicating that Mr. Duke was advised of the allegations in October 2005 are available online at http://democrats.oversight.house.gov/images/stories/Maritza%2010.15.2005%20email%20redacted.pdf

adverse consequences, including issues like the recent death of 117 workers in a factory fire at a Walmart supplier in Bangladesh5 and controversy and legal issues regarding Walmart’s sale of firearms.6 We would appreciate the opportunity to meet with you as soon as possible to discuss this request and how best to support the calls for real accountability for Walmart and its executives. We will call your office to followup on this request. You can also reach us directly via email at walmartfreenyc@gmail.com. Sincerely, Kalpona Akter, Executive Director, Bangladesh Center for Worker Solidarity Babul Akhter, General Secretary, Bangladesh Garment & Industrial Workers Federation In solidarity with members of the Walmart Free NYC coalition:

Stuart Appelbaum President Retail Wholesale Department Store Union

Rich Whalen International Vice President and Director UFCW Region 1

John R. Durso President Local 338 RWDSU/UFCW

Frank S. Bail President Local 1102 RWDSU/UFCW

Matt Ryan Executive Director ALIGN The Alliance for a Greater New York

Bertha Lewis President The Black Institute

Joann Lo Louis Mark Carotenuto Executive Director Deputy Trustee Food Chain Workers Alliance UFCW Local 348-S

Carrie Gleason Deb Axt Executive Director Co-Executive Director Retail Action Project Make the Road NY

Andrew Friedman Executive Director Center for Popular Democracy

Max Bruny President UFCW Local 888

Josh Zinner Co-Director NEDAP

Jonathan Westin Executive Director New York Communities for Change

5

“3 Walmart Suppliers Made Goods in Bangladesh Factory,” by Steven Greenhouse, The New York Times, December 5, 2012. http://www.nytimes.com/2012/12/06/world/asia/3-walmart-suppliers-made-goods-in-bangladeshi-factory-where-112-died-infire.html 6 Final Judgement and Permanent Injunction of Walmart Stores in the State of California. Link here: http://bit.ly/W77Xlp

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