An undercover allegation has been in place for a
while that a Wal-Mart Stores, Inc.(NYSE:WMT) subsidiary had bribed Mexican
government officials. But an Indiana
union pension fund that has some money invested in shares in Wal-Mart Stores
Inc. has slapped a lawsuit so that it can confiscate those documents that are
related to bribery allegations.
The New York Times had printed a report in April
that Wal-Mart was suspecting its Mexican chain called Wal-Mart de Mexico, of
bribing government officials to gain store permits. An internal investigation
was being carried out as well. Investors saw red when they read the Times’
article and immediately sued Wal-Mart and its board of directors in Delaware 's Court of
Chancery.
The lawsuit filed by the Indiana union pension fund, states that
Wal-Mart had failed to produce relevant documents earlier as per the demand of
an out-of-court settlement. The documents produced by the company were heavily
redacted or blacked out and totally useless. The pension fund spokesperson has
said that Wal-Mart is using excessive redactions in an unjustified manner.
An unknown informer had mailed statements to the
fund’s attorneys related to facts in the Times’ article about bribes paid by
Wal-Mart de Mexico. The documents by the so-called whistleblower include mails
exchanged by people who were a part of the internal investigation. Wal-Mart
officials have refused to comment on this issue. They will only provide
information to the U.S. Department of Justice and the Securities and Exchange
Commission.
Theodore Boutrous, a lawyer for Wal-Mart has said
that the company is in the process of producing documents to defend itself and
tackle the complaint in its own way. Apparently, the documents produced earlier
had almost half the pages blacked out, according to the Indiana fund, which is the pension fund for
the local arm of the International Brotherhood of Electrical Workers. The
lawsuit will impose an order on Wal-Mart to allow unrestricted access of the
required records and documents.
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