Audit committee diversity and corporate scandals: evidence from the UK

Purpose This paper aims to empirically analyse specific characteristics of an audit committee that could be associated with the likelihood of corporate fraud/scandal/sanctions. Design/methodology/approach The sample includes all firms that were investigated by the Financial Reporting Council through the audit enforcement procedure from 2014 to 2019, and two matched no-scandal firms. It uses logistic binary regression analysis to examine the hypotheses. Findings Results based on the logit regression suggest that audit member tenure and audit committee meeting frequency both have positive associations to the likelihood of corporate scandal. Complementing this result, the authors find negative but insignificant relationships amongst audit committee female chair, audit committee female members percentage, audit committee qualified accountants members, audit committee attendance, number of shares held by audit committee members, audit committee remuneration, board tenure and the likelihood of corporate scandal across the sample. Research limitations/implications The results should help regulatory policymakers make decisions, which could be crucial to future corporate governance. Additionally, these results should be useful to investors who use corporate governance as criteria for investment decisions. Originality/value The authors extend, as well as contribute to the growing literature on the audit committee, and therefore, wider corporate governance literature and provide originality in that it is the first, to the knowledge, to consider two characteristics (i.e. remuneration and gender) in a UK context of corporate scandal. Also, the results imply that the structure and diversity of the audit committee affect corporate fraud/scandal/sanctions.

“We Have Been Thrown Under the Bus”: Corporate Versus Individual Defense Mechanisms Against Transnational Corporate Bribery Charges

The telecommunication company Telia’s dealings in Uzbekistan have resulted in bribery accusations both in Sweden and in abroad. The article analyzes the defense mechanisms produced by both the corporation and the prosecuted former executives of the company. Telia’s initially denial eventually changed into a partial acknowledgment in combination with a scapegoating discourse. While Telia hardly defended itself at all in the Swedish court, the company’s former executives employed a defense of legality, denial of knowledge, of deviance, and of responsibility as well as a claim of being scapegoated. We discuss these developments in the light of the transformation of the Telia case from a mediated corporate scandal to a criminal court case and from a focus on organizational to individual responsibility.

Stigmatized Identities in Organizations

The notion of stigma refers to a perceived blemish or devaluation of a person or group, based upon a characteristic that a society (or a significant subset of it) deems unworthy. Individual-level stigma within organizations can arise from many different sources—the organization (e.g. corporate scandal, tainted products/services), the occupation (e.g. dirty work jobs), or the person him/herself (e.g. disabilities, mental illness, obesity). Given that stigma can underpin workplace interactions, the authors explore how it may have considerable consequences for an individual’s identity and perceived image. Indeed, they argue that stigma can affect all three levels of individual identity (collective, relational, and personal). They show how individual- and group-level stigma has been treated in the organizational literature, including research on individual-level and collective-level tactics to counteract the image and/or the effects of stigma at work. They also suggest how stigma research might move forward, especially in light of its close conceptual relations to identity and image.

Dealing with Corporate Scandal under European Market Abuse Law: The Case of VW

This paper uses the current proceedings against Volkswagen Aktiengesellschaft for violations of its continuous disclosure obligation as a backdrop for addressing fundamental questions of European market abuse law. Specifically, we ask how the Market Abuse Directive and Regulation (MAD/R) and Member State corporate law together shape management’s disclosure policy vis-à-vis the stock market. Taking the perspective of German stock corporation law, our main findings are twofold: First, while European market abuse law severely limits management’s discretion when market integrity is at stake, Member States can still largely control its influence on internal corporate governance – i.e., on the distribution of information between management and shareholders. Second, MAD and MAR directly draw on conceptions of public interest in Member State law when determining the outer bounds of issuers’ ability to delay disclosure, thereby potentially promoting compliance. Based on these insights, the paper then closes with a note of caution for national legislators and suggests a more profound discussion of their responsibility for the optimal functioning of European market abuse law.

To whistle or not to whistle? Determinants and consequences

PurposeMany corporate scandals that occurred recently have indicated the importance of a whistle-blowing mechanism in preventing fraud and malpractices from damaging the organizations. By selecting one organization that has experienced a corporate scandal, this study aims to examine factors that influence employee’s intention to blow the whistle to prevent malpractices in the company. In addition, this study also examines the perceptions of employees regarding the business culture in their organization and how this culture impacts their intention to whistle-blow.Design/methodology/approachThis study engages in a mixed method of data collection, namely, survey questionnaire and interviews to gather the data.FindingsIt is found that retaliation is the most important factor that influences the employee’s intention to whistle-blow, followed by the burden to prove the malpractices, cost implications as a result of the wrongdoing and the action taken by the authority as a result of the fraud reporting. In terms of business culture, a large number of employees are reluctant to become a whistle-blower, although a secured and safe whistle-blowing mechanism is in place, indicating that Asian customs of collectivism and assertiveness play a major part in shaping the whistle-blowing mechanism in Malaysian organizations.Research limitations/implicationsThe results provide further confirmation of the determinants that influence employees to report wrongdoings in the organizations. This study however may subject to self-reported data biasness because of sensitivity of the research that related to fraud and immoral behaviours that occur in the company. Owing to this sensitivity, the study only focuses on employees’ internal whistle-blowing intentions rather than their actual intentions.Practical implicationsThis study helps the management to understand the working culture in the company so that they can identify the weak area of governance which needs improvement such as whistle-blower protection.Originality/valueThis study is original, as it focuses on the employees in a big organization such as government link companies that have experienced corporate scandals albeit having whistle-blowing mechanism in place. In addition, the finding of this study contributes to the theory and body of the literature on the whistle-blowing determinants, currently scarce in the context of a developing country like Malaysia.