On July 22, 2026, the U.S. Department of Justice announced a Deferred Prosecution Agreement with The Scoular Company, an Omaha-based agricultural supplier, resolving allegations…
On July 22, 2026, the U.S. Department of Justice announced a Deferred Prosecution Agreement with The Scoular Company, an Omaha-based agricultural supplier, resolving allegations that the company paid approximately $400,000 in bribes to Mexican government officials between 2013 and 2019 to clear border inspections of corn shipments. Under the terms of the resolution, Scoular agreed to pay $9.77 million in criminal penalties along with $414,351 in forfeiture. A customs broker connected to the scheme received an 18-month prison sentence.
While the underlying conduct reflects a familiar Foreign Corrupt Practices Act fact patternΓÇöillicit payments funneled through intermediaries to grease routine cross-border processesΓÇöthe enforcement posture behind the resolution is new. The DOJ has identified the Scoular DPA as the first public enforcement action under a recently articulated policy that prioritizes FCPA matters in which corrupt payments benefit cartels or transnational criminal organizations. In effect, the Department is fusing traditional anti-corruption enforcement with national security objectives, treating bribes that flow to or through cartel-linked actors as an elevated category of risk warranting heightened scrutiny and, potentially, more aggressive charging decisions.
For companies with cross-border operations, particularly those touching Mexico and other jurisdictions where cartel influence over ports, customs, transportation, and licensing is a documented concern, the message is significant. Payments that might once have been characterized internally as facilitation-type expenses or ordinary costs of moving goods across a border can now carry compounded exposure: FCPA liability layered atop national security considerations and, in some scenarios, potential material support theories.
Businesses should reassess their FCPA compliance programs in light of this shift. Priority areas include enhanced due diligence on customs brokers, freight forwarders, and other third-party intermediaries; refreshed risk assessments for high-risk corridors and border operations; strengthened internal controls around cash disbursements, expediting payments, and vendor onboarding; and updated training that reflects the convergence of anti-corruption and anti-cartel enforcement. Boards and audit committees should also consider whether existing whistleblower and monitoring frameworks are calibrated to detect the specific typologies flagged by the DOJ.
This alert is provided for general informational purposes and does not constitute legal advice. Clients facing potential exposure or evaluating their compliance programs in light of this development should consult counsel for guidance tailored to their specific circumstances.