The Securities and Exchange Commission dramatically pulled back on accounting and auditing enforcement last year after two years in a row of increases under former SEC chair Gary Gensler, according to a new report.
The report, released Wednesday by Cornerstone Research, found that enforcement activity plummeted during Gensler’s final year leading the SEC before he stepped down on President Trump’s Inauguration Day. The report found that the SEC initiated 45 accounting and auditing enforcement actions in fiscal year 2024, a 46% decrease from FY 2023 and the lowest number since 2021. Approximately half of all the actions (22) were initiated in the fourth quarter of the fiscal year, and more than one-third were initiated in September, the last month of the SEC fiscal year. On the other hand, monetary penalties reached their highest levels since 2021.
The report echoes the findings of a report released last week by the Brattle Group that found a dropoff in enforcement activity against auditors by both the SEC and the Public Company Accounting Oversight Board in the second half of last year. The Supreme Court ruled in June against the SEC in the case of SEC v. Jarkesy, giving defendants the right to a jury trial rather than a hearing before the SEC’s in-house administrative law judges. The Cornerstone report noted that the SEC dismissed six administrative proceedings after the Jarkesy decision.
“In addition to a decrease in enforcement activity, the SEC dismissed six administrative proceedings in FY 2024 after the U.S. Supreme Court’s decision in SEC v. Jarkesy on June 27, 2024,” said Jean-Philippe Poissant, a report coauthor and cohead of Cornerstone Research’s accounting practice, in a statement Wednesday. “In contrast, the SEC imposed more than $770 million in monetary penalties in FY 2024, a 32% increase from FY 2023 and the highest total since 2021.”
The report also found that the number of actions initiated against U.S. respondents declined 56% in FY 2024, while those initiated against non-U.S. respondents increased 18%. The number of actions referring to an announced restatement and/or material weakness in internal control in FY 2024 was only nine, a whopping 78% decline from the 41 such actions in the prior two fiscal years.
The number of actions alleging violations of internal accounting controls decreased to its lowest level since FY 2021. Nonmonetary sanctions were imposed against 67% of the 33 individual respondents who settled their cases with the SEC in FY 2024. The SEC acknowledged that 25% (15 firms and two individuals) of the 67 respondents who settled with the commission in FY 2024 offered cooperation, undertook remedial efforts, and/or self-reported to the SEC, slightly down from 26% in FY 2023.
The report also compares the Gensler period (FY 2021–FY 2024) to a comparable period under Jay Clayton (FY 2017–FY 2020), who chaired the SEC during the first Trump administration. During the Gensler period, the SEC initiated an average of 60 enforcement actions per year, compared to 74 during the Clayton period. Settled actions declined under Gensler, dropping nearly 20% to an average of 66 settled actions per year, compared to 80 under Clayton. Trump has nominated Paul Atkins, a former SEC commissioner, to be the next chair, succeeding Gensler. In the meantime, the SEC is now being led by acting commissioner Mark Uyeda.
“Looking back to the last eight years, our analysis shows that enforcement actions with accounting and auditing allegations were less of a priority than other emerging allegations under Chair Gensler,” said Simona Mola, a report coauthor and principal at Cornerstone Research, in a statement. “In the four fiscal years of the Gensler period, the SEC accounting and auditing enforcement activity overall declined relative to the Clayton period in terms of total number of actions initiated or settled. The average total settlement amount per year during the Gensler period also declined to $647 million, down from $796 million imposed during the Clayton period.”
There were 75 total respondents in accounting and auditing enforcement actions initiated in FY 2024, a major decline from 111 respondents in FY 2023 and below the four-year averages under both Clayton (122) and Gensler (90).