On July 17, 2026, the U.S. Department of Justice (DOJ) entered into its first Foreign Corrupt Practices Act (FCPA) deferred prosecution agreement of the year, resolving…
On July 17, 2026, the U.S. Department of Justice (DOJ) entered into its first Foreign Corrupt Practices Act (FCPA) deferred prosecution agreement of the year, resolving allegations against Nebraska-based agricultural company Scoular. The three-year agreement addresses conduct in which Scoular directed third-party customs brokers to pay bribes to Mexican officials in order to bypass border inspections. Under the terms of the resolution, Scoular agreed to pay a criminal penalty of $9,769,521 and forfeit an additional $414,351.
The Scoular resolution is notable not only because it represents the year's opening FCPA enforcement action, but also because it comes at a time when observers have questioned whether shifting agency priorities would diminish traditional anti-corruption enforcement. The agreement demonstrates that FCPA cases remain firmly on DOJ's docket, and that companies engaging third parties in cross-border trade should continue to expect scrutiny of their anti-bribery controls.
Perhaps most significantly, DOJ emphasized that the improper payments unknowingly benefitted a Mexican cartel. That framing signals a meaningful evolution in enforcement strategy. By aligning the FCPA case with the administration's broader national security agenda targeting cartels, DOJ appears to be prioritizing matters in which corrupt conduct intersects with organized criminal enterprises. Companies whose operations touch cartel-affected jurisdictions should anticipate that any FCPA exposure carrying a cartel nexus will receive heightened attention, potentially influencing charging decisions, penalty calculations, and resolution structures.
The Scoular matter also reinforces a longstanding lesson: conduct undertaken by third-party intermediariesΓÇöhere, customs brokersΓÇöcan generate direct corporate liability under the FCPA. Companies operating in Mexico and other high-risk jurisdictions should reexamine their third-party due diligence programs, including onboarding vetting, risk-based monitoring, contractual compliance provisions, audit rights, and training. Particular attention should be paid to intermediaries involved in customs, border clearance, permitting, and other government-facing functions, where the risk of illicit payments is elevated.
Boards and compliance leaders should also consider whether their risk assessments adequately account for the possibility that corrupt payments could benefit sanctioned or designated actors, given DOJ's evident interest in that intersection.
This alert is intended for general informational purposes only and does not constitute legal advice. Clients facing specific circumstances involving cross-border operations, third-party engagements, or potential FCPA exposure should seek tailored counsel.