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The SEC's September spike: Regulatory inconsistency within the fiscal year

Dain C. Donelson, Matthew Kubic and Sara Toynbee

Journal of Accounting and Economics, 2024, vol. 77, issue 2

Abstract: We examine whether performance reporting leads to inconsistent enforcement at the Securities and Exchange Commission (SEC). In a sample of over 13,000 SEC enforcement actions, we show that SEC staff respond to performance-reporting pressures and file more enforcement actions in September, the final month of the SEC's fiscal year, than in any other month. The increase in case volume in September is not fully explained by staff filing more procedural cases or accelerating case filings. Instead, SEC staff pursue less complex cases and agree to more lenient financial and non-financial sanctions to increase case volume in September. We attempt to rule out alternative explanations for our results, including natural SEC workflow and resource constraints. Overall, our findings suggest that performance reporting creates agency conflicts that lead to regulatory inconsistency within the fiscal year.

Keywords: Securities and exchange commission; Regulatory capture; Enforcement; Regulatory inconsistency; Performance reporting (search for similar items in EconPapers)
JEL-codes: H11 K22 K41 K42 L51 M48 (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:eee:jaecon:v:77:y:2024:i:2:s0165410123000605

DOI: 10.1016/j.jacceco.2023.101636

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Journal of Accounting and Economics is currently edited by J. L. Zimmerman, S. P. Kothari, T. Z. Lys and R. L. Watts

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