• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’

2

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

3

Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest

1

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’

2

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

3

Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest

Not just Wal-Mart: Dozens of U.S. companies face bribery suspicions

By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
April 26, 2012, 10:00 AM ET
Add Fortune on Google for similar content.


In bad company

UPDATE (3/26, 12:45)

FORTUNE — 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.

MORE: Memo to Corporate America: Bribery doesn’t pay

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.

A number of companies have already handed over large fines. Last April, Johnson & Johnson paid $78 million to settle claims that it violated the UN’s Oil for Food program. In 2009, Haliburton paid over $550 million to settle claims that officials at a former division, including its head, had bribed officials in Nigeria while building a gas plant there. Bribes at German conglomerate Siemens, which is publicly traded in the U.S., were so pervasive around the world that it was forced to pay $800 million dollars to settle charges – the largest FCPA fine yet. In all, the U.S. government brought 20 cases against companies in 2010 under the bribery law, up from 2 in 2002. The number dipped to 16 last year, but lawyers say there is no sign that the government is letting up.

“Definitely, anti-corruption has been high up on the enforcement agenda recently,” says Richard Cassin, a FCPA expert whose blog produced the list of companies that have disclosed investigations. “This area of law used to be an obscure specialty. Now every big law firm has a practice.”

Many of the investigations are a number of years old, and some many never lead to actual charges. But a number of investigations have been launched in the past year. Last month, Qualcomm disclosed that it learned in January that the Department of Justice was investigating the company for a FCPA violation. And there may be some evidence that telecom giant tried to hide the allegations. The company said a whistle-blower approached the company’s board of directors back in late 2009. The company said it investigated the matter, and found no wrong doing. A year later the company disclosed that it was under investigation by the SEC. Last month was the first time it told investors those allegations had to do with bribery. Qualcomm could not be reached for comment.

MORE: Wal-Mart’s board: Can they handle the Mexican heat?

“Whistle blowers are more relentless than they used to be,” says James Mintz, who heads an investigative services firm that tracks FCPA cases. “These days it has become more common for companies to report. We haven’t seen a good old fashion cover up like what appears to have happened at Wal-Mart in a while.”

At Hewlett-Packard, the government is looking into whether former employees engaged in bribery, embezzlement and tax evasion in order to help a former German subsidiary of the company land an IT contract in Russia. The bribes were paid to the General Prosecutor’s Office of the Russian Federation and may have gone on for 5 years from 2001 to 2006. The company said U.S. investigators are also looking at deals the company struck in 5 other European countries dating back to 2000.

Last summer, the SEC began investigating Deere for allegations of bribery in Russia. Avon, which recently pushed out its long-time chief executive, is being investigated for its dealings in China. Casino giant Las Vegas Sands says it has been under investigation since February by the SEC and the DOJ for possible FCPA violations.

A European subsidiary of Koch Industries reportedly bribed government officials and others to secure contracts in India, Africa and the Middle East. Koch fired several employees, including the ethics manager who was initially in charge of the company’s investigation into the bribes. The company eventually cleared all of the senior level executives of the division of wrong doing. U.S. regulators are investigating.

According to the recently filed suit by the SEC, Morgan Stanley gave its executive Peterson, a managing director in the company’s real estate division, 35 different notifications reminding him of U.S. bribery laws, including specific instructions that payments to an official of a Chinese state-owned company in Shanghai would be against the law. Nonetheless, Peterson arranged to split $1.8 million in secret payments with the Chinese official. He also negotiated a sweetheart deal for himself and the Chinese official to purchase a $3.4 million property from a Morgan Stanley.

“Peterson crossed the line not once, but twice. He secretly bribed a government official to illegally win business for his employer and enriched himself in violation of his fiduciary duty to Morgan Stanley’s clients,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “This case illustrates the SEC’s commitment to holding individuals accountable for FCPA violations, particularly employees who intentionally circumvent their company’s internal controls.”

Update: An earlier version of this story said Disney and other movie studios were under investigation by the SEC for bribery. The SEC has issued letters of inquiry to Disney and others. It’s not clear whether the SEC has opened a formal investigation. The SEC declined to comment.

About the Author
By Stephen Gandel
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Man in suit gesturing
Big TechNetflix
Netflix used AI to produce 17 minutes of a documentary ‘twice as fast and at half the cost’—as streaming competition drives up content spending to $20 billion
By Amanda GerutJuly 16, 2026
42 minutes ago
Airbnb CEO Brian Chesky’s X account was hijacked in an AI slop hack pushing crypto tokenization
CybersecurityTech
Airbnb CEO Brian Chesky’s X account was hijacked in an AI slop hack pushing crypto tokenization
By Rachel VentrescaJuly 16, 2026
3 hours ago
tillis
PoliticsCongress
Epstein survivors say Todd Blanche ignored them. Now one Republican senator is making him listen
By Alanna Durkin Richer, Joey Cappelletti and The Associated PressJuly 16, 2026
6 hours ago
merck
HealthDrugs
The cholesterol shot you couldn’t afford is now a pill
By Matthew Perrone and The Associated PressJuly 16, 2026
6 hours ago
t
North AmericaTariffs
Tariff Man’s money machine broke. Now he’s trying to fix it with a forced‑labor crusade
By Paul Wiseman and The Associated PressJuly 16, 2026
6 hours ago
tesla
Big TechTesla
Runaway Tesla that crashed into a grandmother’s living room was actually being steered by a human, investigators find
By Bernard Condon and The Associated PressJuly 16, 2026
6 hours ago

Most Popular

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
C-Suite
FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
By Fortune EditorsJuly 15, 2026
1 day ago
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
Law
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
By Barbara Ortutay, Alexandra Olson and The Associated PressJuly 15, 2026
2 days ago
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
Politics
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
By Matthew Daly and The Associated PressJuly 16, 2026
13 hours ago
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
Innovation
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
By Lily Mae LazarusJuly 15, 2026
2 days ago
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
Newsletters
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
By Sydney LakeJuly 14, 2026
2 days ago
After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history
North America
After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history
By Marco Quiroz-GutierrezJuly 14, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.