In The FCPA Blog, Ropes & Gray Attorneys Examine Changes to Mexico’s Anti-Corruption Regime

In an Aug. 30 article published by The FCPA Blog, Ropes & Gray attorneys explore recent sweeping changes to Mexico’s anti-corruption regime. The article examines how, among the developments, Mexico’s new legislation increases oversight of public sector officials and their dealings with government contractors, such as through the creation of the country’s first independent anti-corruption prosecutor. It also sets up whistleblower protections for individuals and implements methods to enhance cooperation across federal, state and municipal enforcement authorities, as well as with the U.S. government and other international regulators.

“The new law is a significant step toward transparency in a country that consistently ranks among the most corrupt in the region and the world,” the authors write. The new legislation also more directly addresses gaps in penalties for corruption by providing for “significant criminal and administrative sanctions for private parties and legal entities that are found to have engaged in bribery, collusion in public bid procedures, influence peddling, wrongful use of public resources, or wrongful recruitment of ex public servants, among other acts.”

The article also discusses the enforcement context in the United States in Mexico surrounding the promulgation of this new legislation. Specifically, the article notes recent comments from Mexico’s president relating to his administration’s alleged involvement in a scheme with a government contractor as well as Key Energy’s recent agreement to settle the SEC’s investigation into the company’s negotiations with employees of Pemex, the Mexican state-owned oil company.

Business & securities litigation partner Nick Berg authored the article.