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Financial Gatekeepers and Investor Protection: Evidence from Criminal Background Checks

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  • KELVIN K. F. LAW
  • LILLIAN F. MILLS

Abstract

We examine whether financial advisors with pre‐advisor criminal records pose a greater risk to investors than those without. We find that financial advisors with pre‐advisor criminal records are more likely to receive future customer complaints. Their complaints are more likely to receive arbitration awards or settlements and are more likely to involve large settlements exceeding $100,000. Finally, clients are more likely to suffer service disruptions from engaging advisors with pre‐advisor criminal records, even incremental to the brokerage firm being high‐risk. Although we do not have performance data of individual advisors, mutual funds of those firms that employ advisors with criminal records do not provide their clients with superior returns nor charge lower fees, suggesting that there are not compensating benefits to offset the investor harm. Overall, pre‐advisor criminal record serves as an important ex ante characteristic available to regulators, investors, and employers for risk‐assessment purposes.

Suggested Citation

  • Kelvin K. F. Law & Lillian F. Mills, 2019. "Financial Gatekeepers and Investor Protection: Evidence from Criminal Background Checks," Journal of Accounting Research, Wiley Blackwell, vol. 57(2), pages 491-543, May.
  • Handle: RePEc:bla:joares:v:57:y:2019:i:2:p:491-543
    DOI: 10.1111/1475-679X.12265
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    1. Schmidt, Peter & Witte, Ann Dryden, 1989. "Predicting criminal recidivism using 'split population' survival time models," Journal of Econometrics, Elsevier, vol. 40(1), pages 141-159, January.
    2. Mark Egan & Gregor Matvos & Amit Seru, 2019. "The Market for Financial Adviser Misconduct," Journal of Political Economy, University of Chicago Press, vol. 127(1), pages 233-295.
    3. Chevalier, Judith & Ellison, Glenn, 1997. "Risk Taking by Mutual Funds as a Response to Incentives," Journal of Political Economy, University of Chicago Press, vol. 105(6), pages 1167-1200, December.
    4. Ross Levine & Yona Rubinstein, 2017. "Smart and Illicit: Who Becomes an Entrepreneur and Do They Earn More?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 132(2), pages 963-1018.
    5. Klaas Sijtsma, 2009. "On the Use, the Misuse, and the Very Limited Usefulness of Cronbach’s Alpha," Psychometrika, Springer;The Psychometric Society, vol. 74(1), pages 107-120, March.
    6. Bushman, Robert M. & Davidson, Robert H. & Dey, Aiyesha & Smith, Abbie, 2018. "Bank CEO materialism: Risk controls, culture and tail risk," Journal of Accounting and Economics, Elsevier, vol. 65(1), pages 191-220.
    7. Carhart, Mark M, 1997. "On Persistence in Mutual Fund Performance," Journal of Finance, American Finance Association, vol. 52(1), pages 57-82, March.
    8. Dimmock, Stephen G. & Gerken, William C., 2012. "Predicting fraud by investment managers," Journal of Financial Economics, Elsevier, vol. 105(1), pages 153-173.
    9. Stephen Foerster & Juhani T. Linnainmaa & Brian T. Melzer & Alessandro Previtero, 2017. "Retail Financial Advice: Does One Size Fit All?," Journal of Finance, American Finance Association, vol. 72(4), pages 1441-1482, August.
    10. Amanda Agan & Sonja Starr, 2016. "Ban the Box, Criminal Records, and Statistical Discrimination: A Field Experiment," Natural Field Experiments 00539, The Field Experiments Website.
    11. William Greene, 2004. "The behaviour of the maximum likelihood estimator of limited dependent variable models in the presence of fixed effects," Econometrics Journal, Royal Economic Society, vol. 7(1), pages 98-119, June.
    12. Amanda Agan & Sonja Starr, 2018. "Ban the Box, Criminal Records, and Racial Discrimination: A Field Experiment," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(1), pages 191-235.
    13. Pacelli, Joseph, 2019. "Corporate culture and analyst catering⁎," Journal of Accounting and Economics, Elsevier, vol. 67(1), pages 120-143.
    14. Edward L. Glaeser & Bruce Sacerdote, 1999. "Why Is There More Crime in Cities?," Journal of Political Economy, University of Chicago Press, vol. 107(S6), pages 225-258, December.
    15. Stephen G. Dimmock & William C. Gerken & Nathaniel P. Graham, 2018. "Is Fraud Contagious? Coworker Influence on Misconduct by Financial Advisors," Journal of Finance, American Finance Association, vol. 73(3), pages 1417-1450, June.
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    Cited by:

    1. Anna Ulrichshofer & Markus Walzl, 2020. "Customer Disputes, Misconduct, and Reputation Building in the Market for Financial Advice," Working Papers 2020-20, Faculty of Economics and Statistics, Universität Innsbruck.
    2. Sugata Roychowdhury & Suraj Srinivasan, 2019. "The Role of Gatekeepers in Capital Markets," Journal of Accounting Research, Wiley Blackwell, vol. 57(2), pages 295-322, May.
    3. Cook, Jonathan & Kowaleski, Zachary T. & Minnis, Michael & Sutherland, Andrew & Zehms, Karla M., 2020. "Auditors are known by the companies they keep," Journal of Accounting and Economics, Elsevier, vol. 70(1).
    4. John (Jianqiu) Bai & Chenguang Shang & Chi Wan & Yijia Eddie Zhao, 2022. "Social Capital and Individual Ethics: Evidence from Financial Adviser Misconduct," Journal of Business Ethics, Springer, vol. 181(2), pages 495-518, November.
    5. Jun Honda, 2020. "Gender Gaps and Racial Disparities in Labour Market Penalties for Financial Misconduct," Working Papers 2020-17, Faculty of Economics and Statistics, Universität Innsbruck.
    6. Kasper Regenburg & Morten Nicklas Bigler Seitz, 2021. "Criminals, bankruptcy, and cost of debt," Review of Accounting Studies, Springer, vol. 26(3), pages 1004-1045, September.
    7. Christine Cuny & Omri Even‐Tov & Edward M. Watts, 2021. "From Implicit to Explicit: The Impact of Disclosure Requirements on Hidden Transaction Costs," Journal of Accounting Research, Wiley Blackwell, vol. 59(1), pages 215-242, March.
    8. Kelvin K. F. Law & Luo Zuo, 2022. "Public Concern About Immigration and Customer Complaints Against Minority Financial Advisors," Management Science, INFORMS, vol. 68(11), pages 8464-8482, November.
    9. Petya Platikanova, 2023. "The Real Effects of Analyst Research Quality: Evidence from the Adoption of the Broker Protocol," Australian Accounting Review, CPA Australia, vol. 33(3), pages 237-261, September.

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