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Does Industry Employment of Active Regulators Weaken Oversight?

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  • Jonas Heese

    (Harvard Business School, Boston, Massachusetts 02163)

Abstract

I study whether industry employment of active regulators weakens oversight. To examine this question, I exploit that the Financial Reporting Enforcement Panel (FREP), the German capital-market regulator responsible for enforcing public firms’ compliance with accounting standards, allows its senior regulators to serve on boards of public firms during their FREP tenure. I find that firms are less likely to face enforcement actions after they appoint active regulators to their board. After such an appointment, firms are more likely to receive a qualified audit opinion, more likely to have an above-normal risk of accounting manipulation, as measured by an F-score greater than one, and exhibit higher income-increasing abnormal accruals. These findings suggest that directorships of active regulators can result in conflicts of interest that weaken oversight.

Suggested Citation

  • Jonas Heese, 2022. "Does Industry Employment of Active Regulators Weaken Oversight?," Management Science, INFORMS, vol. 68(12), pages 9198-9218, December.
  • Handle: RePEc:inm:ormnsc:v:68:y:2022:i:12:p:9198-9218
    DOI: 10.1287/mnsc.2022.4326
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    References listed on IDEAS

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    1. Miguel Duro & Jonas Heese & Gaizka Ormazabal, 2019. "The effect of enforcement transparency: Evidence from SEC comment-letter reviews," Review of Accounting Studies, Springer, vol. 24(3), pages 780-823, September.
    2. repec:oup:rfinst:v:21:y:2017:i:4:p:1445-1484. is not listed on IDEAS
    3. Yeon-Koo Che, 1995. "Revolving Doors and the Optimal Tolerance for Agency Collusion," RAND Journal of Economics, The RAND Corporation, vol. 26(3), pages 378-397, Autumn.
    4. Allen, Abigail & Ramanna, Karthik, 2013. "Towards an understanding of the role of standard setters in standard setting," Journal of Accounting and Economics, Elsevier, vol. 55(1), pages 66-90.
    5. Kedia, Simi & Rajgopal, Shiva, 2011. "Do the SEC's enforcement preferences affect corporate misconduct?," Journal of Accounting and Economics, Elsevier, vol. 51(3), pages 259-278, April.
    6. Correia, Maria M., 2014. "Political connections and SEC enforcement," Journal of Accounting and Economics, Elsevier, vol. 57(2), pages 241-262.
    7. Suraj Srinivasan, 2005. "Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members," Journal of Accounting Research, Wiley Blackwell, vol. 43(2), pages 291-334, May.
    8. Lucca, David & Seru, Amit & Trebbi, Francesco, 2014. "The revolving door and worker flows in banking regulation," Journal of Monetary Economics, Elsevier, vol. 65(C), pages 17-32.
    9. Beneish, Messod D., 1997. "Detecting GAAP violation: implications for assessing earnings management among firms with extreme financial performance," Journal of Accounting and Public Policy, Elsevier, vol. 16(3), pages 271-309.
    10. Cornaggia, Jess & Cornaggia, Kimberly J. & Xia, Han, 2016. "Revolving doors on Wall Street," Journal of Financial Economics, Elsevier, vol. 120(2), pages 400-419.
    11. Bell, Tb & Tabor, Rh, 1991. "Empirical-Analysis Of Audit Uncertainty Qualifications," Journal of Accounting Research, Wiley Blackwell, vol. 29(2), pages 350-370.
    12. Sophie A. Shive & Margaret M. Forster, 2017. "The Revolving Door for Financial Regulators," Review of Finance, European Finance Association, vol. 21(4), pages 1445-1484.
    13. Heese, Jonas & Khan, Mozaffar & Ramanna, Karthik, 2017. "Is the SEC captured? Evidence from comment-letter reviews," Journal of Accounting and Economics, Elsevier, vol. 64(1), pages 98-122.
    14. Jones Heese & Mozaffar Khan & Karthik Ramanna, 2017. "Is the SEC Captured? Evidence from Comment-Letter Reviews," Harvard Business School Working Papers 17-087, Harvard Business School.
    15. Barry Weingast, 1984. "The congressional-bureaucratic system: a principal agent perspective (with applications to the SEC)," Public Choice, Springer, vol. 44(1), pages 147-191, January.
    16. Kempf, Elisabeth, 2020. "The job rating game: Revolving doors and analyst incentives," Journal of Financial Economics, Elsevier, vol. 135(1), pages 41-67.
    17. Jones, Jj, 1991. "Earnings Management During Import Relief Investigations," Journal of Accounting Research, Wiley Blackwell, vol. 29(2), pages 193-228.
    18. Wei Chen & Paul Hribar & Samuel Melessa, 2018. "Incorrect Inferences When Using Residuals as Dependent Variables," Journal of Accounting Research, Wiley Blackwell, vol. 56(3), pages 751-796, June.
    19. Brochet, Francois & Srinivasan, Suraj, 2014. "Accountability of independent directors: Evidence from firms subject to securities litigation," Journal of Financial Economics, Elsevier, vol. 111(2), pages 430-449.
    20. deHaan, Ed & Kedia, Simi & Koh, Kevin & Rajgopal, Shivaram, 2015. "The revolving door and the SEC’s enforcement outcomes: Initial evidence from civil litigation," Journal of Accounting and Economics, Elsevier, vol. 60(2), pages 65-96.
    21. DeAngelo, Harry & DeAngelo, Linda & Skinner, Douglas J., 1994. "Accounting choice in troubled companies," Journal of Accounting and Economics, Elsevier, vol. 17(1-2), pages 113-143, January.
    22. Bertomeu, Jeremy & Beyer, Anne & Taylor, Daniel J., 2016. "From Casual to Causal Inference in Accounting Research: The Need for Theoretical Foundations," Foundations and Trends(R) in Accounting, now publishers, vol. 10(2-4), pages 262-313, August.
    23. Allen, Abigail & Ramanna, Karthik & Roychowdhury, Sugata, 2018. "Auditor Lobbying on Accounting Standards," Journal of Law, Finance, and Accounting, now publishers, vol. 3(2), pages 291-331, December.
    24. Burgstahler, David & Dichev, Ilia, 1997. "Earnings management to avoid earnings decreases and losses," Journal of Accounting and Economics, Elsevier, vol. 24(1), pages 99-126, December.
    25. Jonas Heese, 2019. "The Political Influence of Voters’ Interests on SEC Enforcement," Contemporary Accounting Research, John Wiley & Sons, vol. 36(2), pages 869-903, June.
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