The Walmart de Mexico scandal: Here’s a punishment that befits the crime

Walmart spent much of last week burnishing its green image and touting its progress “toward becoming a more sustainable, responsible company.” All the while, those at the very top of the company, including CEO Mike Duke, knew that The New York Times was about to publish an explosive story that would lay to waste the notion that Walmart cares about anything other than its own growth.

The Times story presents credible evidence that Walmart’s Mexican subsidiary spent millions of dollars bribing local officials in order to speed up permits for new stores, get “zoning maps changed,” and make “environmental objections vanish.” When top executives, including Duke, learned of the bribes in 2005, they declined to notify U.S. and Mexican law enforcement, shut down Walmart’s own internal investigation, and continued to lavish promotions on the alleged ringleader, Eduardo Castro-Wright, who currently serves as Walmart’s vice chair.

In the days since the Times story broke, attention has turned to the potential punishment Walmart might face. A criminal investigation is underway at the U.S. Department of Justice, which, under the Foreign Corrupt Practices Act, could pursue prosecutions that might lead to substantial fines and even jail time for Duke and others implicated. The Mexican government, meanwhile, has initiated its own inquiry.

If justice is to be served in this case, though, Walmart must not only face fines and prison terms, but also be forced to sell off a sizeable number of its ill-gotten Mexican stores. By bribing officials, Walmart was able to crush its competitors, opening new stores so fast they had no time to react. In just a few years, Walmart came out of nowhere to dominate the Mexican economy.

But, as any athlete or other competitor knows, if you’re caught cheating your way to a win, then you most certainly do not get to keep the prize.