Reputation outweighs regulation in preventing - List of Enron scandal experts included
The financial value of a law-abiding reputation -- not tighter government regulations -- is the best way to prevent future scandals like those enveloping energy giant Enron and its auditor Arthur Andersen, a University of Washington researcher says. And Jonathan Karpoff believes this will hold true despite the call by many financial and political leaders for Congress to pass tighter accounting regulations and reforms.
Karpoff, a finance professor in the University of Washington Business School, bases his views on the dramatic results of a study he conducted on the reputational effect that white-collar crime -- including financial reporting fraud -- has on company stock values. Karpoff and John Lott, a fellow researcher at the Wharton School of the University of Pennsylvania, discovered that the "enforcement effect" of reputation encourages firms not to commit fraud and penalizes firms when they do. Fraud allegations have been at the root of the Enron scandal.
"We found that arbitrary, large increases in criminal penalties for fraud can do more harm than good, because they squeeze out reputation as a policer of fraud and increase consumer costs," Karpoff says. "The Enron scandal is more likely leading to companies willing to pay more for quality audits, and that will drive the accounting market -- not government imposed regulations."
Karpoff contends that the two companies' executives underestimated the value of reputation and that naivete contributed to their downfall.
"Even after restating its profits, Enron still made $880 million in 2000. Even if half of that is bogus, Enron had a core of profitable operations," he says. "The reason for the firm's complete meltdown is that much of its credible business activity depended on a good reputation. Buyers and sellers of electricity, for example, lost confidence that Enron would uphold its side of any deals. So even this legitimate part of the firm's business sunk with the firm's lost reputation."
Likewise, Arthur Andersen is in the business of providing assurances of quality. As an auditor, its whole business is based on its credibility, Karpoff says. The firm is now scrambling to re-establish its reputation -- for example, hiring Paul Volker to help clean up its act.
"But," Karpoff says, "it has dug a huge hole for itself."
The researchers studied data on 132 cases of alleged and actual corporate fraud, including stakeholder, government, financial reporting (misleading accounting practices) and regulatory violations (currency transaction reporting), from 1978 through 1987. They compared stock values following initial press reports of allegations or investigations of corporate fraud against private parties with those after the penalties that resulted. They found an average decrease of $60.8 million in the values of the affected companies' stock. Criminal fines, restitution, civil penalties and other legal costs accounted for only 5.5 percent of the drop. The rest was due to lost future sales or higher costs. This finding is especially relevant to Enron today, Karpoff says, because it explains Enron's meltdown and the downward spiral of fewer customers for Arthur Andersen.
"These results indicate that firms committing fraud face market penalties that far outweigh any prospective legal penalties," Karpoff says.
The research, published in the Journal of Law and Economics in 1993, has been supported by follow-up papers using current data.
While neither laws nor reputation will ever completely prevent fraud, Karpoff argues his research shows reputational costs will provide even more of a deterrent now because of the recent scandal.
"The theory is that when something bad happens we need more regulations. But the fact is millions of business transactions occur daily without any direct government oversight. What keeps people honest as they engage in business transactions? Our research indicates that it is largely the discipline provided by the market," Karpoff says.
The latest scandal, however, will influence other company executive behavior.
"What will happen is that some accounting firms will develop stronger reputations for providing honest results to their clients," Karpoff says. "Their reputations will cost more to clients, but some firms will find it worthwhile to pay more because they want to convince investors that their books are not cooked."
Most importantly, Karpoff hopes his research may slow a rush to judgment that could lead to counterproductive statutes.
"Everybody's knee-jerk reaction in a case like this is that we need more government regulation," Karpoff says. "I would argue that we don't because the costs of such regulations are substantial and the benefits are small. The perceived benefit -- that the incidence of fraud will decrease dramatically -- is vastly overstated. As it is, businesses have to keep their noses clean in order to make a profit."
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For more information contact Karpoff at (206) 685-4954 or [email protected].
The following are additional University of Washington experts who can comment on issues related to the ongoing Enron bankruptcy story.
AccountingTerrence J. Shevlin, professor of accounting, UW Business School(206) 543-7223[email protected]Shevlin can discuss the role the Securities and Exchange Commission should take in light of the Enron scandal. He specializes in accounting regulations, employee stock options, financial accounting and retirement plans. He can talk about how accounting standards are set as well as proposed 401(k) and independent auditing regulations.
Branding/marketingErica Okada, assistant professor of marketing, UW Business School(206) 543-4589[email protected]Okada, an expert on brand equity and marketing strategy, says Arthur Andersen officials have lost a small window of opportunity to save the reputation of their brand and that at this point they should wait to try to do so. Okada can also discuss the long-term negative impact the Enron debacle has had on the Big Five accounting firms' brands.
Elizabeth Stearns, lecturer in marketing, UW Business School(206) 543-6783[email protected],eduStearns, an expert in marketing strategy and management, contends that there are some steps Arthur Andersen marketers can take to salvage the reputation of the company's historic brand.
Corporate crime and punishmentJacques Lawarree, associate professor of economics(206)543-5632[email protected]Lawarree has done extensive economic research on collusion and corruption in the auditing profession, and also studies electricity deregulation.
DeregulationRich Christie, associate professor of electrical engineering(206) 543-9689[email protected]Christie is an expert on electricity deregulation and can discuss the rise and fall of electricity prices in regard to Enron's role in the marketplace.
Employee investingNeil Bruce, economics department chairman(206) 543-5955[email protected]He says the Enron situation demonstrates that employees should have a choice in where to invest their 401(k) balance, rather than be forced to hold company funds. Companies should have to compete for their employees' savings, like they do for everyone else's. Bruce is an expert in public finance and can talk about the integrity of the Social Security system.
Edward Rice, Associate professor of finance and business economics, UW Business School(206) 543-4480[email protected]Rice contends that Enron's 401(k) losers suffered from a general lack of education about financial matters and, therefore, assumed too much risk.
EthicsAndrew Wicks, associate professor of ethics in management, UW Business School(206) 543-7913[email protected]Wicks, who teaches business ethics and is an expert on corporate social responsibility, says the Enron debacle should not make business leaders feel that they cannot still work to maintain a standard of ethics in their own companies. He can also discuss varying ethical issues generated by the Enron scandal.
Tom JonesKirby L. Cramer Scholar in Business Ethics and a professor of management andOrganization, UW Business School(206) 543-6380Jones says the misconduct by Enron and Arthur Andersen executives is an "ethical fiasco." However, he says it does not mean that there should be an all-encompassing code of ethics drafted to prevent future scandals. Jones says many ethical standards are already understood - including maintaining practices that do not put employees' health and livelihoods at risk as well as being upfront with shareholders.
FinanceEdward Rice, Associate professor of finance and business economics, UW Business School(206) 543-4480[email protected]Rice is an expert in corporate financing and capital market pricing. He says Enron's questionable approach to off-balance sheet commitments and financing with traditional businesses -- not its "new economy" strategy -- led to its bankruptcy.
Public policyBryan Jones, professor of political science(206) 543-6493 / home (206) 935-8042[email protected]Jones, whose primary area of expertise is American politics and public policy, can be contacted regarding political issues involving Enron and Congress, the executive branch and the regulatory agencies. He also can speak about the Texas/Houston political culture.
Sharon Nelson, director of the Shidler Center for Law, Commerce andTechnology, School of Law.(206) 616-8542/ home (206) 723-9323.[email protected]As former chairwoman of the Washington Utilities and Transportation Commission, Nelson can discuss electricity deregulation, influence peddling and legislation.
Lis Wiehl, associate professor law and director of the Trial Advocacy Program(206) 543-7366, cell (206) 604-1829A former federal prosecutor and congressional counsel during the Clinton impeachment investigation, Lis Wiehl (pronounced "Lease Wheel") can discuss the Enron criminal investigation and congressional hearings. She is a frequent commentator on NPR and Fox News Network.
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