Perhaps Wal-Mart (WMT) should try the "everyone does it" defense.
The giant retailer, which is accused of regularly bribing Mexican officials in order to quickly obtain permits to open stores, is far from the only U.S. company that has been caught greasing the wheels of commerce in the past few years. Two more examples of that came on Wednesday. The Securities and Exchange Commission charged a former Morgan Stanley executive Garth Peterson with bribing an official of a state-owned Chinese company in order to win business for the investment firm. Also on Wednesday, media conglomerate News Corp. confirmed that it too was the subject of a U.S. bribery investigation, more fall-out from its phone hacking scandal.
There are at least 81 public companies under investigation by the Securities and Exchange Commission or the Department of Justice for running afoul of the Foreign Corrupt Practices Act, which makes bribery in foreign countries punishable in the U.S. In addition, a growing number of companies have started placing disclosures in their financial documents that say their employees may at times violate the U.S.'s overseas bribery law, despite the company's best efforts to prevent it.
Other companies seem to be all for bribes were it not for U.S. laws prohibiting them. For example, Lakeland Industries (LAKE), a Long Island, New York, manufacturer of industrial safety garments, recently said its inability to pay bribes, due to the fact that it, unlike its competitors, follows U.S. laws, has lowered the company's sales. Undoubtedly, accounting laws are also forcing the company to report lower profits than it would like as well.
Among the companies already in the cross-hairs of the U.S. government for committing bribery are Hewlett-Packard (HPQ), telecommunications company Qualcomm (QCOM), farm equipment maker Deere & Co. (DE), cosmetic company Avon (AVP), casino company Las Vegas Sands (LVS) and Koch Industries, the Texas conglomerate run by prominent Republican donors Charles and David Koch. On top of that, the SEC has also recently launched an inquiry into whether U.S. movies studios have been using bribes to break into the Chinese entertainment market. News Corp's 20th Century Fox, Disney and DreamWorks Animation have all reportedly been contacted by the SEC. For its part, the Department of Justice last year said that it had 150 open investigations under the Foreign Corrupt Practices Act. Some of those might be against individuals as well as companies.