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Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit

Marilyn Odendahl
September 10, 2012
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The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.

According to attorney Stuart Grant, the Indiana pension fund has not joined the lawsuit but has filed a separate suit against the retailer asking for company books and records regarding the investigation of a bribery scandal.  

Yet, Delaware Chancery Court Judge Leo Strine made the Indiana union co-lead plaintiff because, in his opinion, the Indiana fund is taking the proper strategy in conducting its own review of company documents rather than relying on media reports.

The other co-lead plaintiffs are the California State Teachers Retirement System and the New York City Employees’ Retirement System.

The lawsuits stem from allegations, reported by The New York Times, that Wal-Mart employees bribed Mexican officials to get building permits which helped the company’s growth in the country.

Grant explained the pension funds are not suing Wal-Mart. The funds want to ensure that any fines or criminal liability be born solely by the directors and not by the company because the board of directors appears to have squashed an investigation into the bribery scandal.

“We’re not trying to hurt Wal-Mart,” Grant said.

The IBEW (International Brotherhood of Electrical Workers) has a good relationship with Wal-Mart, he continued, noting the union members shop at the store, are stockholders and want the company to prosper which will, in turn, benefit them.

The federal government is also investigating the bribery incident to see if Wal-Mart violated the U.S. Foreign Corrupt Practices Act of 1977.

In addition, the Indiana fund is suing to force Wal-Mart to turn over internal company reports regarding the investigation into the allegations. According to the Indianapolis Star, the attorneys for the electrical workers received 3,474 documents from the retailer but nearly half were redacted. In a twist, an anonymous informant mailed the plaintiff a slew of papers that the Indiana pension fund lawyers say supports the allegations in the Times’ story.

Whether the Indiana pension fund will join the suit against the board depends on what the internal company documents reveal, Grant said. However, he did indicate there is a strong possibility the IBEW will become a party to the lawsuit.  

“Based on what I’ve seen, it’s ugly for these directors,” he said.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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