In contrast, total monetary settlements were just over half of the average total settlements in the past five years.
The U.S. Securities and Exchange Commission expanded its accounting and auditing enforcement activity in fiscal year 2023, while monetary settlements dropped for the second consecutive year, according to a new report released today by Cornerstone Research.
The report, SEC Accounting and Auditing Enforcement Activity—Year in Review: FY 2023, found that the SEC publicly disclosed 83 accounting and auditing enforcement actions in FY 2023, a 22% increase from FY 2022 and the highest number of actions initiated since FY 2019. More than half of the 83 actions were initiated in the fourth quarter of the fiscal year, and 28% were initiated in the last month alone of the fiscal year.
The decline in monetary settlements during fiscal year 2023 may be due, in part, to a continued increase in the SEC’s consideration given to cooperation and remedial efforts when imposing monetary settlements,
“The 22% increase in accounting and auditing enforcement activity in fiscal year 2023 outpaced the 8% increase in original enforcement actions brought by the SEC, suggesting an increased focus by the enforcement division on these matters,” said Steve McBride, a report coauthor, principal, and cohead of the accounting practice at Cornerstone Research.
Despite the SEC reporting $4.9 billion in total monetary settlements in FY 2023, the second highest on record, monetary settlements in accounting and auditing enforcement actions totaled $583 million, a 7% decrease from the prior fiscal year and 47% lower than the average of total monetary settlements in the prior five fiscal years. Disgorgement and prejudgment interest accounted for 67% of total monetary settlements imposed in FY 2023, while civil penalties accounted for 33% of the total monetary settlements. FY 2023 was the first time that civil penalties comprised less than half of total monetary settlements since FY 2020.
“The decline in monetary settlements during fiscal year 2023 may be due, in part, to a continued increase in the SEC’s consideration given to cooperation and remedial efforts when imposing monetary settlements,” added Simona Mola, a report coauthor and principal at Cornerstone Research. “Such consideration may translate in lower monetary settlements but not necessarily in no penalties at all. In fact, the proportion of respondents who received no monetary settlement decreased from last fiscal year.”
The SEC acknowledged that 26% of respondents who settled in FY 2023 offered cooperation, undertook remedial efforts, and/or self-reported to the SEC, up from 24% in FY 2022.
In addition to monetary settlements, the SEC imposed non-monetary sanctions on individual and firm respondents (e.g., officer and director bars, requirement to retain an independent consultant). Officer and director bars imposed on individual respondents who settled in FY 2023 increased to 31%, from 18% in FY 2022.
Of the 83 enforcement actions, 35 referred to announced restatements of financial statements, and 32 referred to announcements of material weaknesses in internal control. Actions referring to announced restatements and/or material weaknesses in internal control remained at 41, the highest level since FY 2021. The percentage of initiated actions referring to an announced restatement and material weakness in internal control (31%) reached its highest level in recent years. Consistent with FY 2022, the SEC’s most common allegations related to a company’s revenue recognition and internal accounting controls. One or both violations were alleged in 63% of FY 2023 actions.
