Technology

Spike in Fourth Quarter SEC Accounting and Auditing Enforcement Activity Results in Notable Increase in FY 2023

Published

7 months ago

February 28, 2024

In contrast, total monetary settlements were just over half of the average total settlements in the past five years.

WASHINGTON, Feb. 28, 2024 /PRNewswire-PRWeb/ — 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 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.

Additional Trends

Of the 83 actions initiated during FY 2023, 71 were administrative proceedings and 12 were civil actions.The SEC issued non-monetary sanctions against 50% of individual respondents who settled in FY 2023, down from 62% of individual respondents who settled in FY 2022.There were 111 total respondents in accounting and auditing enforcement actions initiated in FY 2023, a slight increase from the 103 respondents in FY 2022.In FY 2023, the SEC initiated 11 actions against non-U.S. respondents, higher than the average of nine actions per year from FY 2018 to FY 2022.The SEC initiated one action in FY 2023 as part of its continuing Earnings Per Share (EPS) Initiative, its fifth action imposed in connection with the EPS Initiative since its inception in 2020.The SEC initiated three actions with alleged violations of Section 304 of Sarbanes-Oxley (“clawback” provision) in FY 2023, a sharp decrease from the nine actions initiated in FY 2022 and below the yearly average of five actions initiated in FY 2018–FY 2022.

About Cornerstone Research 
Cornerstone Research provides economic and financial consulting and expert testimony in all phases of complex disputes and regulatory investigations. The firm works with an extensive network of prominent academics and industry practitioners to identify the best-qualified expert for each assignment. Cornerstone Research has earned a reputation for consistently high quality and effectiveness by delivering rigorous, state-of-the-art analysis since 1989. The firm has over 900 staff in nine offices across the United States and Europe. 

Media Contact

Elisabeth Gaubinger, Cornerstone Research, 202.912.8909, egaubinger@cornerstone.com, https://www.cornerstone.com/

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SOURCE Cornerstone Research

Technology

Mullen & Mullen Law Firm Launches the Mullen & Mullen Music Project

Published

47 mins ago

September 23, 2024

Supporting Local Independent Music Venues and Artists

DALLAS, Sept. 23, 2024 /PRNewswire/ — Dallas based Mullen & Mullen Law Firm proudly announces the launch of the Mullen & Mullen Music Project, a dynamic initiative created in partnership with Spune Productions. The collaboration is designed to celebrate and rejuvenate the North Texas music scene by offering a platform for both emerging and established artists. The initiative kicked off with a Concert Series at local independent music venues.

Supporting Local Talent and Venues
Running from August to April, the Mullen & Mullen Music Project will feature 12 concerts at some of North Texas’s most cherished venues. The series kicked off on August 6th with a performance by Ben Nichols of Lucero at Club Dada. The Quaker City Night Hawks made their triumphant return at Tulips FTW on August 30th after a touring hiatus. The Quaker City Night Hawks concert was filmed on professional grade video cameras installed at the venue by the Music Project and live-edited by the firm’s videographer Sean Pollaro – himself a musician. The new cameras at Tulips FTW will serve as a wonderful content creation tool for local artists.

Enhancing the Music Experience
The Music Project has allowed participating venues to expedite substantial upgrades already underway. Ferris Wheelers Live has enhanced its suites and stage while embarking on an ambitious Ferris Wheel lighting project. Club Dada has upgraded its outdoor patio stage, and Tulips FTW installed the beforementioned state-of-the-art video and streaming system, enabling artists to record music and stream live performances. Each venue will also feature new murals designed and created by local artists.

A Community-Centered Initiative
Shane Mullen, Managing Attorney at Mullen & Mullen Law Firm, shared the firm’s vision: “The trust and loyalty of the North Texas community have been the foundation of our success. This project is our way of giving back by enriching the local cultural landscape and supporting the artists and venues that make our region unique.”

Corey Pond, General Manager of Spune Productions, added: “This initiative addresses the challenges faced by the indie music scene, providing more opportunities for local artists and supporting our cherished venues. It underscores the power of community, collaboration, and the enduring spirit of local music.”

Join Us in Celebrating Local Music
Over the coming months, experience the vibrant revival of North Texas’s music scene with us. Together, let’s strengthen our community while supporting local artists and independent venues. This is our backyard – let’s make it rock!

For more information, visit: https://www.mullenandmullen.com/music/

About Mullen & Mullen Law Firm:
Mullen & Mullen Law Firm has been privileged to represent injured North Texans for over 41 years. The firm is consistently recognized by TopVerdict for obtaining some of the largest personal injury settlements in the entire state of Texas. In the last 4 years, Mullen & Mullen made the “Top 50” list 44 times and the “Top 100” list 70 times. The firm offers the services of two investigators and an award-winning videographer. Website: https://www.mullenandmullen.com

About Spune Productions:
Spune Productions is an independent leader in curating and delivering distinctive music events across Texas. Committed to enhancing communities, Spune specializes in creating impactful experiences that resonate with audiences and reflect clients’ brands. From intimate gatherings to large-scale spectacles, Spune Productions tailors each event to amplify stories through the transformative power of music. Website: https://spune.com/

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SOURCE Mullen & Mullen Law Firm

Technology

Corteva to Participate in BMO Ag-Apalooza

Published

47 mins ago

September 23, 2024

INDIANAPOLIS, Sept. 23, 2024 /PRNewswire/ — Corteva, Inc. (NYSE: CTVA) announces that Chief Executive Officer, Chuck Magro, will speak at the 2024 BMO Ag-Apalooza event at 12:00 p.m. Eastern Time on Tuesday, September 24, 2024.

Remarks will be webcast live. The webcast can be accessed through the Corteva Investor Relations website. A replay of the presentation will be available 24 hours after the presentation ends and will be accessible until October 24, 2024.

About Corteva
Corteva, Inc. (NYSE: CTVA) is a global pure-play agriculture company that combines industry-leading innovation, high-touch customer engagement and operational execution to profitably deliver solutions for the world’s most pressing agriculture challenges. Corteva generates advantaged market preference through its unique distribution strategy, together with its balanced and globally diverse mix of seed, crop protection, and digital products and services. With some of the most recognized brands in agriculture and a technology pipeline well positioned to drive growth, the Company is committed to maximizing productivity for farmers, while working with stakeholders throughout the food system as it fulfills its promise to enrich the lives of those who produce and those who consume, ensuring progress for generations to come. More information can be found at www.corteva.com.

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SOURCE Corteva, Inc.

Technology

SEEDING JUSTICE MAKES COMMITMENT TO ENVIRONMENTAL JUSTICE AND ECONOMIC DEVELOPMENT FOR OREGON AND PACIFIC NORTHWEST COMMUNITIES IMPACTED BY MULTIPLE CLIMATE BURDENS ON A GLOBAL STAGE AT THE CLINTON GLOBAL INITIATIVE TODAY

Published

47 mins ago

September 23, 2024

PORTLAND, Ore., Sept. 23, 2024 /PRNewswire/ — Seeding Justice’s Executive Director, Se-ah-dom Edmo, joins global leaders in expanding the nonprofit organization’s commitment to an inclusive green economy focusing on clean energy initiatives created by and for impacted communities.

Click here to watch Seeding Justice’s commitment video and learn more.

What:

Clinton Global Initiative

Who:

Se-ah-dom Edmo, Executive Director, Seeding Justice

When:

September 23, 2024

Where:

New York City, New York

Seeding Justice is a nonprofit organization founded in 1976 and is the region’s largest funder of grassroots organizing and community-led grantmaking.

We focus our work on frontline communities and use community guidance and leadership to help fund the most critical causes, including a new fund to support a community-centered, clean energy future.

Since 2020, our Community Fund program has granted nearly $34 million to communities across the state through Funds like the Reproductive Health Equity Fund and the Child Care Capacity Building Fund. Seeding Justice is also the founding funder of Oregon Worker Relief, the largest program of its kind in the state, and has supported the dispersal of more than $180 million through the Fund, which helps immigrant Oregonians make ends meet.

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SOURCE Seeding Justice