Abstract
This study measures the long-run costs and benefits associated with fraud and securities enforcement actions by examining the changes in market quality of firms that are investigated by the Securities and Exchange Commission for fraud. The market quality measures we test include returns, price volatility, spreads, and illiquidity. We find a significant deterioration of market quality following the market’s discovery of the misconduct. We also find that during periods in which the SEC is actively investigating the firm daily returns and price volatility improves while spreads widen and liquidity declines. Our work highlights some of the benefits and costs of having an active regulator over US securities markets.
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Notes
We thank Karpoff, Lee, and Martin for graciously providing the data on SEC enforcement proceedings.
Feroz et al. (1991) p. 111:
“The 1934 Act Release No. 5092 requires the public disclosure of material information; this would include formal investigations by the enforcement division. An anonymous SEC enforcement lawyer (WSJ [September 22, 1983], p. 35) explains, ‘When the SEC tells a company it’s a target, securities laws require disclosure to shareholders. This turns a private investigation into a public one... and if the investigation shows the party was innocent, the notification and forced disclosure could have blown a public offering or a reputation needlessly.”
See Karpoff, Koester, Lee, and Martin (2012) for a full description of the hand-collection processes, sources, and aggregation of these data.
References
Amihud Y (2002) Illiquidity and stock returns: cross-section and time-series effects. J Financ Mark 5(1):31–56
Anderson K, Yohn T (2002) The effect of 10 K restatements on firm value, information asymmetries, and investors’ reliance on earnings. Georgetown Working Paper.
Angelides P, Thomas B (2011) The financial crisis inquiry report: final report of the national commission on the causes of the financial and economic crisis in the United States (revised corrected copy): Government printing office.
Bardos KS (2011) Quality of financial information and liquidity. Rev Financ Econ 20(2):49–62. https://doi.org/10.1016/j.rfe.2011.01.001
Bowman RG (1983) Understanding and conducting event studies. J Bus Finan Account 10(4):561–584
Bushee BJ, Matsumoto DA, Miller GS (2004) Managerial and investor responses to disclosure regulation: the case of reg FD and conference calls. Account Rev 79(3):617–643
Casey WJ (1972) SEC’s strategy for increasing investor confidence in the integrity of our capital markets. The Bus Law 28:537
Christensen, H. B., Hail, L., & Leuz, C. (2016). Capital-market effects of securities regulation: prior conditions, implementation, and enforcement, Rev Financ Stud, 29(11), 2885–2924.
Coffee JC Jr (1984) Market failure and the economic case for a mandatory disclosure system. Va L Rev 717–753
Corwin SA, Schultz P (2012) A simple way to estimate bid‐ask spreads from daily high and low prices. J Financ 67(2):719–760
Dechow PM, Sloan RG, Sweeney AP (1996) Causes and consequences of earnings manipulation: An analysis of firms subject to enforcement actions by the sec*. Contemp Account 13(1):1–36
DeFusco RA, Mishra S, Raghunandan K (2010) Changes in the information efficiency of stock prices: additional evidence. Financ Rev 45(1):153–165
Easterbrook FH, Fischel DR (1984) Mandatory disclosure and the protection of investors. Va L Rev 669–715
Fama EF, French KR (1993) Common risk factors in the returns on stocks and bonds. J Financ Econ 33(1):3–56
Feroz E, Park KJ, Pastena V (1991) The financial and market effects of the SEC’s accounting and auditing enforcement releases. J Account Res 29:107–142
Firth M, Rui OM, Wu W (2011) Cooking the books: Recipes and costs of falsified financial statements in China. J Corp Finan 17(2):371–390. https://doi.org/10.1016/j.jcorpfin.2010.09.002
Harold Mulherin J (2007) Measuring the costs and benefits of regulation: conceptual issues in securities markets. J Corp Finan 13(2):421–437
Heflin F, Subramanyam K, Zhang Y (2001) Stock return volatility before and after Regulation FD. Working paper University of Georgia.
Heflin F, Subramanyam KR, Zhang Y (2003) Regulation FD and the financial information environment: early evidence. Account Rev 78(1):1–37. https://doi.org/10.2308/accr.2003.78.1.1
Irani AJ, Karamanou I (2003) Regulation fair disclosure, analyst following, and analyst forecast dispersion. Account Horiz 17(1):15–29
Jain PK, Rezaee Z (2006) The Sarbanes‐Oxley act of 2002 and capital‐market behavior: early evidence*. Contemp Account Res 23(3):629–654
Jain PK, Kim J-C, Rezaee Z (2008) The Sarbanes-Oxley act of 2002 and market liquidity. Financ Rev 43(3):361–382. https://doi.org/10.1111/j.1540-6288.2008.00198.x
Karpoff JM, Lou X (2010) Short sellers and financial misconduct. J Financ 65(5):1879–1913. https://doi.org/10.1111/j.1540-6261.2010.01597.x
Karpoff JM, Lee DS, Martin GS (2008a) The cost to firms of cooking the books. J Financ Quant Anal 43(03):581–611. https://doi.org/10.1017/S0022109000004221
Karpoff JM, Scott Lee D, Martin GS (2008b) The consequences to managers for financial misrepresentation. J Financ Econ 88(2):193–215. https://doi.org/10.1016/j.jfineco.2007.06.003
Karpoff J, Koester A, Lee DS, Martin G (2012) A critical analysis of databases used in financial misconduct research. Available at SSRN 2112569.
Leng, F., Feroz, E. H., Cao, Z., & Davalos, S. V. (2011). The long‐term performance and failure risk of firms cited in the US SEC’s accounting and auditing enforcement releases. J Bus Finan Account 38(7–8), 813–841.
Leuz C, Wysocki P (2008) Economic consequences of financial reporting and disclosure regulation: A review and suggestions for future research. Available at SSRN 1105398
Li H, Pincus M, Rego SO (2008) Market reaction to events surrounding the Sarbanes‐Oxley Act of 2002 and earnings management. J Law Econ 51(1):111–134
Macey JR (1994) Administrative agency obsolescence and interest group formation: a case study of the SEC at sixty. Cardozo Law Rev 15:909
McInish TH, Wood RA (1992) An analysis of intraday patterns in bid/ask spreads for NYSE stocks. J Financ 47(2):753–764
Mohanram PS, Sunder SV (2002) How has regulation fair disclosure affected the functioning of financial analysts. Working Paper, New York University
Murphy DL, Shrieves RE, Tibbs SL (2009) Understanding the penalties associated with corporate misconduct: an empirical examination of earnings and risk. J Financ Quant Anal 44(01):55–83. https://doi.org/10.1017/S0022109009090036
O’Hara M, Ye M (2011) Is market fragmentation harming market quality? J Financ Econ 100(3):459–474. https://doi.org/10.1016/j.jfineco.2011.02.006
Palmrose Z-V, Richardson VJ, Scholz S (2004) Determinants of market reactions to restatement announcements. J Account Econ 37(1):59–89
Peltzman S (1976) Toward a more general theory of regulation: national bureau of economic research Cambridge, Mass., USA
Pritchard AC (2004) SEC at 70: time for retirement. The. Notre Dame L. Rev. 80:1073
Shleifer A (2005) Understanding regulation. Eur Financ Manag 11(4):439–451
Stigler GJ (1964) Public regulation of the securities markets. J Bus 37(2):117–142. https://doi.org/10.2307/2351027
Zingales L (2009) The future of securities regulation. Journal of Accounting Research 47(2):391–425
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Morris, B.C.L., Egginton, J.F. & Fuller, K.P. Return and liquidity response to fraud and sec investigations. J Econ Finan 43, 313–329 (2019). https://doi.org/10.1007/s12197-018-9445-y
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DOI: https://doi.org/10.1007/s12197-018-9445-y