Article

Can Ethics be Taught? Evidence from Securities Exams and Investment Adviser Misconduct

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Abstract

We study the consequences of a 2010 change in the investment adviser qualification exam that reallocated coverage from the rules and ethics section to the technical material section. Comparing advisers with the same employer in the same location and year, we find those passing the exam with more rules and ethics coverage are one-fourth less likely to commit misconduct. The exam change appears to affect advisers’ perception of acceptable conduct and not just their awareness of specific rules or selection into the qualification. Those passing the rules and ethics-focused exam are more likely to depart employers experiencing scandals. Such departures also predict future scandals. Our paper offers the first archival evidence on how rules and ethics training affects conduct and labor market activity in the financial sector.

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... Danilov et al. (2013) document that when financial advisors have close social ties, team incentives can reduce the quality of their product recommendations, while Dimmock et al. (2018) employ changes to co-workers caused by mergers between firms and find that misconduct spreads across brokers from mergers. Kowaleski et al. (2020) document that ethics training helps reduce misconduct incidences in the financial sector. Dimmock et al. (2021) show that personal real estate shocks affect adviser misconduct likelihood. ...
... Financial advisory services are highly regulated and financial advisers are often required to pass qualification exams that are rules-and ethics-focused. The market and legal disciplines (e.g., job loss, reputation destroyed, fines enforcement) and comprehensive training on ethics and responsible business conduct can affect labor market activities in financial planning and services industries (Egan et al., 2019;Hauser, 2019;Kowaleski et al., 2020;OECD, 2016), attenuating the effect of unethical environments on employee behavior. Furthermore, Glaeser et al. (1996) find that variations in demographics are less informative in understanding different levels of misconduct among seemingly identical neighborhoods, implying that local corruption and adviser misconduct might be irrelevant. ...
... We consider a number of factors that may influence financial advisers' misconduct behavior. Specifically, we follow Egan et al.'s (2019) and Kowaleski et al. (2020) and include several financial advisers' characteristics, including gender, the number of years of experience, and several professional licenses. Gender matters in financial industries, given Klein et al. (2021) suggest gender affects the quality of investment advice, and Egan et al. (2019) show that female advisors tend to commit misconduct less often than their male peers. ...
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Motivated by the increasing economic significance of investment advisory industries and the prevalence of wrongdoing in financial planning services, we examine whether, and to what extent, employee misconduct is shaped by their local corruption culture. Using novel data of more than 4.7 million adviser-year observations of financial advisers and the Department of Justice’s data on corruption, we find that financial advisers and advisory firms located in areas with higher levels of corruption are more likely to commit misconduct. These results hold for both individual advisor and firm level analyses and are robust to the use of various fixed effects, model specifications, proxies for corruption and misconduct, and an instrumental variable approach. Using the passage of the Dodd-Frank Whistleblower Provision, which provides incentives for reporting corruption incidences and thereby reduces the incentives for fraud, we find that the relation between local corruption culture and adviser misconduct is attenuated after the provision enacted by the SEC. Overall, our study highlights the externalities of corruption culture on individual ethics and the essential role of whistleblowing laws in reducing corruption-prone norms.
... To the extent that the GFC represents financial shocks to advisers, our results suggest that the probability of adviser misconduct increases during financial pressure. Kowaleski, Sutherland and Vetter (2020) focus on the effectiveness of professional conduct training. They find that investment advisers passing the qualification exam with fewer rules and ethics coverage are more likely to commit misconduct. ...
... (3) We include the exam count in the misconduct equation following Kowaleski et al. (2020), who show the critical role of qualification exams in predicting adviser misconduct. We also include the exam count in the detection equation because regulators conduct these exams to screen advisers. ...
... In addition, advisers who pass fewer industry exams, work in a more "toxic" office (high office misconduct rate), and have more nonmisconduct-related disclosure count are more likely to involve in misconduct. Consistently, Kowaleski et al. (2020) Table 8 provides a sense of the magnitudes of the effects and their relative importance. ...
Preprint
We find that approximately 30% of financial advisers in the United States are involved in misconduct, yet only about one-third of those are detected. Advisers involved in misconduct tend to be male, work in a "toxic" environment, change firms more often, pass fewer industry exams, and have less experience. The firms they work for tend to be larger and are more likely to charge fees per hour or based on assets under management (AUM). Adviser misconduct is pervasive across years while increasing during the GFC, suggesting a rationale for why the public distrust the finance industry.
... In addition, the findings of this paper are also insightful with regard to academic teaching. As several studies have shown, teaching conveys certain basic values-at least implicitly, simply by the fact of model choice and the implied concept of humanity that was chosen (e.g., Frank et al., 1993;Ifcher & Zarghamee, 2018;Kowaleski et al., 2020;Racko, 2019). In such vein, for instance, the last financial crisis has been linked to at least implicitly taught values associated with homo economicus (Giacalone & Wargo, 2009;Melé, 2009;Melé et al., 2011). ...
... As stated above, already the choice of model contains some normative basic statements, which are (at least implicitly) conveyed when presented in the classroom. As the classic paper by Frank et al. (1993) as well as some newer research (e.g., Ifcher & Zarghamee, 2018;Kowaleski et al., 2020;Racko, 2019) demonstrates, teaching can influence students' attitudes, also and in particular with regard to normative aspects. If one considers academic teaching not solely as a means of conveying abstract insights but also as an opportunity to enable future decision-makers to develop their full potentials and capabilities, teaching evidently also has some responsibility. ...
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Since the beginning of business research and teaching, the basic assumptions of the discipline have been intensely debated. One of these basic assumptions concerns the behavioral aspects of human beings, which are traditionally represented in the construct of homo economicus. These assumptions have been increasingly challenged in light of findings from social, ethnological, psychological, and ethical research. Some publications from an integrative perspective have suggested that homo economicus embodies to a high degree dark character traits, particularly related to the construct of psychopathy, representing individuals who are extremely self-centered and ruthless, without feelings of remorse or compassion. While a growing body of research notes such a similarity on a more or less anecdotal basis, this article aims to explore this connection from a more rigorous perspective, bridging insights from psychological, economic, and business research to better understand the potentially dark traits of homo economicus. The analysis shows that homo economicus is not simply some kind of psychopath, but specifically a so-called subclinical or Factor 1 psychopath, who is also referred to as a “corporate psychopath” in business research. With such an analysis, the paper adds an additional perspective and a deeper psychological level of understanding as to why homo economicus is often controversially debated. Based on these insights, several implications for academic research and teaching are discussed and reflected upon in light of an ethics of virtue and care.
... Second, we study the 2010 change to the Series 66 exam, which reduced coverage for ethics and industry rules material (Kowaleski, Sutherland, and Vetter 2020). Many supervisors in our sample were required to take the Series 66 during their pre-supervisor roles as registered investment advisers, the exam requires significant preparation, and the ethics and rules material is relevant to their branch misconduct oversight. ...
... We study branch supervisors and branch misconduct in the U.S. financial advisory market, which is explored in a series of recent papers (Dimmock et al. 2018;Egan et al. 2019;Egan, Matvos, and Seru 2022;Parsons, Sulaeman, and Titman 2018;Charoenwong, Kwan, and Umar 2019;Law and Mills 2019;Cook, Kowaleski, Minnis, Sutherland, and Zehms 2020;Kowaleski et al. 2020;Zuo 2021, 2022;Charoenwong et al. 2023). Financial advisory firms help investors access financial markets. ...
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We study the influence of supervisors on employee misconduct at branches of U.S. financial institutions. Individual supervisor fixed effects explain twice as much variation in branch misconduct as firm fixed effects. Supervisor influence is concentrated in firms that theory suggests are most likely to delegate authority—firms with complex operations, distant branches, and trustworthy supervisors. Supervisors affect misconduct through their personnel decisions, attention to employees with past misbehavior, and ethics and industry rules training. After major internal control improvements, supervisor influence declines. Our results illustrate how supervisors influence misconduct above and beyond firm-level factors. Data Availability: Data are available from the public sources cited in the text. JEL Classifications: D21; D82; G20, L22; L23; M12; M40.
... Therefore, according to Becker's (1968) framework, executives' behavior should not change, as the expected costs of misconduct remain unchanged. Third, prior work shows that personal characteristics (e.g., Davidson, Dey, and Smith 2015;Tate 2005, 2015;Schrand and Zechman 2012), education, and the behavior of other executives (e.g., Kowaleski, Sutherland, and Vetter 2020;Zingales 2015) drive executives' behavior. Moreover, fraudulent executives often rationalize their behavior (Bazerman and Tenbrunsel 2011;Messick and Bazerman 1996). ...
... Similarly, regulatory bodies of various professions, as well as companies, have also tried to improve integrity via ethics training and debated more broadly how to prevent rationalization of fraudulent activities. For example, since 2010, the qualification exam for investment advisers in the United States focuses more on ethics, and Kowaleski et al. (2020) show that this change reduced advisers' misconduct. In contrast, Park (2020) studies the effect of compliance trainings on misconduct in a large multinational firm and finds that only some compliance trainings affect behavior and that the effect is generally short-lived. ...
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We study the effect of executives’ pledges of integrity on firms’ financial reporting outcomes by exploiting a 2016 regulation that requires holders of Dutch professional accounting degrees to pledge an integrity oath. We identify chief executive officers (CEOs) and chief financial officers (CFOs) required to take the integrity oath and find that firms reduce income-increasing discretionary accruals after executives took the oath. These firms also reduce discretionary expenditures, indicating that oath-taking executives reduce overall earnings management and do not merely substitute accruals-based with real-activities earnings management. These effects are concentrated in firms where the CFO took the oath. Overall, our results indicate that integrity oaths for executives improve firms’ financial reporting quality. Data Availability: Data are available from the public sources cited in the text. JEL Classifications: M40; M41.
... 9 8 See Inderst and Ottaviani (2009, 2012a, 2012b, Bergstresser, Chalmers and Tufano (2008), Hackethal, Haliassos and Jappelli (2012), Hackethal, Inderst and Meyer (2012), Mullainathan, Noeth and Schoar (2012)), and Chalmers and Reuter (2020). 9 See Dimmock, Gerken and Graham (2018), Dimmock, Gerken and Van Alfen (2021), Kowaleski, Sutherland and Vetter (2020), Egan, Matvos and Seru (2022), and Charoenwong, Kwan and Umar (2019). ...
... (3) We include the exam count in the misconduct equation following Kowaleski et al. (2020), who show the critical role of qualification exams in predicting adviser misconduct. We also include the exam count in the detection equation because regulators conduct these exams to screen advisers. ...
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Financial advisers are the primary interface between the public and the finance sector. Using data from over one million advisers in the U.S., we find that 30% of advisers are involved in misconduct, but only about one-third of those advisers are reported by regulators. We estimate that advisers involved in misconduct currently oversee around $6.9 trillion assets under management. The shares of adviser misconduct and unreported misconduct increase during the GFC, paralleling the erosion of trust in financial institutions. Our findings provide strong validation for the public’s perception of the finance sector.
... Our inferences are robust to alternative clustering choices such as one-way clustering at the month-by-country level, month level, or country level (see Figure 3). To account for the extensive fixed-effects structure and increase the readability of the economic magnitudes of the treatment effects, we estimate the regression models based on a linear probability model (for a similar approach, see, for example, Kowaleski, Sutherland, and Vetter, 2020;Egan, Matvos, and Seru, 2019). Statistical inferences remain virtually unchanged when we use logit or probit specifications. ...
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... In the end, people will become fraud victims (Losada et al., 2022;Richardson et al., 2022). Besides, some investment frauds, such as tunneling and intentional errors in financial reporting, have led to more threats to the market (Niu et al., 2019;Kowaleski et al., 2020). On the other hand, if potential investors have experienced fraud, such victimization can push them from marginal investors to not investing at all, thereby suffering the consequences for their lifetime assets and asset accumulation (Jacoby et al., 2023;Xiao et al., 2022). ...
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... The inclusion of RiskGov i allows to control for any potential selection bias arising from the effect of common unobserved characteristics between the group of FIs with strong risk governance, compared to those with weak risk governance. This approach helps to neutralize endogeneity concerns and is inspired by various studies from different strands of literature (Michaely et al. 2016;Adra et al. 2020;Kowaleski et al. 2020). X i,k,t represents a vector of relevant control variables. ...
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To date the teaching of business ethics has been examined from the descriptive, prescriptive, and analytical perspectives. The descriptive perspective has reviewed the existence of ethics courses (e.g., Schoenfeldtet al., 1991; Bassiry, 1990; Mahoney, 1990; Singh, 1989), their historical development (e.g., Sims and Sims, 1991), and the format and syllabi of ethics courses (e.g., Hoffman and Moore, 1982). Alternatively, the prescriptive literature has centred on the pedagogical issues of teaching ethics (e.g., Hunt and Bullis, 1991; Strong and Hoffman, 1990; Reeves, 1990; Castro, 1989; George, 1987; Golenet al., 1985) and in providing recommendations for teachers of business ethics (e.g., Nappi, 1990; Hosmer and Steneck, 1989). From the analytical perspective judgments have been made as to whether courses in ethics are in fact effective in achieving value and attitudinal modifications in students (e.g., Loeb, 1991; Weber, 1990; Wynd and Mager, 1989; Pamental, 1989; Martin, 1982; Purcell, 1977). The evidence to date suggests that courses can be a means of achieving ethical awareness and sensitivity in students although it should be recognized that significant objections to the teaching of business ethics do exist and greatly inhibit their successful introduction. This paper addresses a number of the common objections to the teaching of business ethics that must be overcome if ethical programs are to continue in the future, and concludes with recommendations to facilitate the establishment of ethical training in an academic context.
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