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Disciplinary measures in response to restatements after Sarbanes-Oxley

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  • Burks, Jeffrey J.

Abstract

This study examines whether boards discipline CEOs and CFOs more severely for accounting restatements after passage of the Sarbanes-Oxley Act (SOX). The disciplinary actions I focus on are job termination and reductions in bonus payouts. Boards have incentive to take the highly visible action of terminating a manager to satisfy demands by outsiders for more vigilant corporate governance after SOX. However, terminating an executive entails the risk of hiring an inferior replacement and other costs. Imposing these costs on the firm and shareholders may not be justified after SOX because the severity of the restatements declines significantly. Despite the pressure on boards to appear vigilant, I find that when disciplining CEOs after SOX, boards gravitate away from termination and toward bonus penalties, a development commensurate with the less severe restatements of the post-SOX period. In contrast, boards appear to strengthen disciplinary action against CFOs after SOX despite the decline in restatement severity.

Suggested Citation

  • Burks, Jeffrey J., 2010. "Disciplinary measures in response to restatements after Sarbanes-Oxley," Journal of Accounting and Public Policy, Elsevier, vol. 29(3), pages 195-225, June.
    • Handle: RePEc:eee:jappol:v:29:y:2010:i:3:p:195-225
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    Cited by:

    1. Michelle L. Zorn & Christine Shropshire & John A. Martin & James G. Combs & David J. Ketchen Jr., 2017. "Home Alone: The Effects of Lone-Insider Boards on CEO Pay, Financial Misconduct, and Firm Performance," Strategic Management Journal, Wiley Blackwell, vol. 38(13), pages 2623-2646, December.
    2. Martin J. Conyon & Lerong He, 2016. "Executive Compensation and Corporate Fraud in China," Journal of Business Ethics, Springer, vol. 134(4), pages 669-691, April.
    3. Masahiro Enomoto & Tomoyasu Yamaguchi, 2015. "Discontinuities in Earnings and Earnings Change Distributions after J-SOX Implementation: Empirical evidence from Japan," Discussion Paper Series DP2015-26, Research Institute for Economics & Business Administration, Kobe University, revised Oct 2016.
    4. Marie Herly & Jan Bartholdy & Frank Thinggaard, 2020. "A re‐examination of accruals quality following restatements," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 47(7-8), pages 882-909, July.
    5. Habib, Ahsan & Hossain, Mahmud, 2013. "CEO/CFO characteristics and financial reporting quality: A review," Research in Accounting Regulation, Elsevier, vol. 25(1), pages 88-100.
    6. Omer Unsal & Blake Rayfield, 2020. "Corporate governance and employee treatment: evidence from takeover defenses," Journal of Economics and Finance, Springer;Academy of Economics and Finance, vol. 44(2), pages 361-391, April.
    7. Asad Ali Rind & Aitzaz Ahsan Alias Sarang & Ameet Kumar & Muhammad Shahbaz, 2023. "Does financial fraud affect implied cost of equity?," International Journal of Finance & Economics, John Wiley & Sons, Ltd., vol. 28(4), pages 4139-4155, October.
    8. Beneish, Messod D. & Marshall, Cassandra D. & Yang, Jun, 2017. "Explaining CEO retention in misreporting firms," Journal of Financial Economics, Elsevier, vol. 123(3), pages 512-535.
    9. Friedman, Henry L., 2014. "Implications of power: When the CEO can pressure the CFO to bias reports," Journal of Accounting and Economics, Elsevier, vol. 58(1), pages 117-141.
    10. Nourhene BenYoussef & Saqib Khan, 2018. "Timing of earnings restatements: CEO equity compensation and market reaction," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 58(2), pages 341-365, June.
    11. Kryzanowski, Lawrence & Zhang, Ying, 2013. "Financial restatements and Sarbanes–Oxley: Impact on Canadian firm governance and management turnover," Journal of Corporate Finance, Elsevier, vol. 21(C), pages 87-105.
    12. Vafeas, Nikos & Vlittis, Adamos, 2015. "Board influence on the selection of external accounting executives," The British Accounting Review, Elsevier, vol. 47(1), pages 46-65.
    13. Anna M. Cianci & Shana M. Clor-Proell & Steven E. Kaplan, 2019. "How Do Investors Respond to Restatements? Repairing Trust Through Managerial Reputation and the Announcement of Corrective Actions," Journal of Business Ethics, Springer, vol. 158(2), pages 297-312, August.
    14. Chang, Jui-Chin & Sun, Huey-Lian & Tang, Alex P., 2021. "Effect of SEC enforcement actions on forced turnover of executives: Evidence associated with SOX provisions," International Review of Economics & Finance, Elsevier, vol. 76(C), pages 277-287.
    15. Aharony, Joseph & Liu, Chelsea & Yawson, Alfred, 2015. "Corporate litigation and executive turnover," Journal of Corporate Finance, Elsevier, vol. 34(C), pages 268-292.
    16. David Gomulya & Warren Boeker, 2016. "Reassessing board member allegiance: CEO replacement following financial misconduct," Strategic Management Journal, Wiley Blackwell, vol. 37(9), pages 1898-1918, September.
    17. Jo-Ellen Pozner & Aharon Mohliver & Celia Moore, 2019. "Shine a Light: How Firm Responses to Announcing Earnings Restatements Changed After Sarbanes–Oxley," Journal of Business Ethics, Springer, vol. 160(2), pages 427-443, December.
    18. Street, Daniel A. & Hermanson, Dana R., 2019. "How do restatements affect outside directors and boards? A review of the literature," Journal of Accounting Literature, Elsevier, vol. 43(C), pages 19-46.
    19. Santanu Mitra & Hakjoon Song & Sang Mook Lee & Shin Hyoung Kwon, 2020. "CEO tenure and audit pricing," Review of Quantitative Finance and Accounting, Springer, vol. 55(2), pages 427-459, August.
    20. Liu, Chelsea & Aharony, Joseph & Richardson, Grant & Yawson, Alfred, 2016. "Corporate litigation and changes in CEO reputation: Guidance from U.S. Federal Court lawsuits," Journal of Contemporary Accounting and Economics, Elsevier, vol. 12(1), pages 15-34.

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