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Riding a Tiger without Being Eaten - RePub - Erasmus Universiteit ...

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58<br />

after having been dismissed, they find a large portion of those leaving the fraud firms<br />

move to management positions in other firms. In fact, some 15 per cent of CEOs, and<br />

some 25 per cent of chairmen, receive promotions in those firms. Only a very small<br />

portion of CEOs and chairmen receive legal or administrative penalties. They further<br />

find that CEOs and chairmen in China, with a certain political background, are less<br />

likely to receive legal or administrative penalties. In Korea, 290 company executives,<br />

bank managers, bureaucrats and shareholders have been indicted for alleged public<br />

fund-regulated fraud in the period following the Asian Crash. Daewoo (1997-98), was<br />

the biggest corporate failure in Korea’s history, and sparked a domino effect leading<br />

to numerous other corporate bankruptcies. The former CEO was arrested and charged<br />

with accounting fraud and embezzlement after allegedly inflating Daewoo’s financial<br />

statements by an estimated US $40 billion. Kamran and Goodwin (2006) studied<br />

some 195 earnings restatements by Australian firms for the period between 1970 and<br />

2003 and found that restatement firms have higher growth potential and are smaller<br />

than non-restating firms from the same industry. They confirm findings from other<br />

studies mentioned above – restatements are generally negatively associated with<br />

market value.<br />

Coffee, in a working paper entitled, ‘A Theory of Corporate Scandals: Why the US and<br />

Europe Differ’ (2005), theorizes that differences in the structure of share ownership<br />

account for differences in corporate scandals, both in terms of the nature of the<br />

fraud, the identity of the perpetrators, and the seeming disparity in the number of<br />

scandals at any given time. In dispersed ownership systems, corporate managers<br />

tend to be the rogues of the story, while in concentrated ownership systems, it is<br />

the controlling shareholders who play the corresponding role. Coffee cites Parmalat<br />

(Italy), and Hollinger (Canada), as primary examples. Corporate managers tend to<br />

engage in earnings manipulation, while controlling shareholders tend to exploit<br />

the private benefits of control. Ferrarini and Guidici (2005) attribute the litigation<br />

proceedings in the Parmalat case to be a result of significant differences between law<br />

enforcement in Italy as compared to the United States.<br />

1.3.8 restatements witH sPeciFic academic attention<br />

The highest-profile corporate scandals, Enron and WorldCom, have been addressed<br />

by academics on numerous occasions from a variety of angles. The Elsevier academic<br />

search engine Scopus produces 442 scientific articles with Enron in the title field<br />

(December 2008); WorldCom produces 36 hits.

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