SEC Accounting and Auditing Enforcement Activity Plummeted in Final Year of Gensler Administration

SEC imposed the highest total dollar amount of monetary penalties since 2021

LOS ANGELES, March 12, 2025 /PRNewswire/ -- The U.S. Securities and Exchange Commission (SEC) drastically reduced its accounting and auditing enforcement activity in fiscal year 2024, the final year of Gary Gensler's administration, ending two consecutive years of annual increases, according to a new report from Cornerstone Research. At the same time, monetary penalties reached their highest level since 2021.

The report, SEC Accounting and Auditing Enforcement Activity—Year in Review: FY 2024, found that the SEC initiated 45 accounting and auditing enforcement actions in FY 2024, a 46% decrease from FY 2023 and the lowest number since 2021. Approximately half of all 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 agency's fiscal year.

"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 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 compares the Gensler period (FY 2021–FY 2024) to a comparable period under Jay Clayton (FY 2017–FY 2020), the SEC Chair during the first Trump administration. In contrast to other SEC priorities under Chair Gensler, such as cryptocurrency and off-channel communications, accounting and auditing enforcement activity generally declined. 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 Chair Gensler, dropping nearly 20% to an average of 66 settled actions per year, compared to 80 under Chair Clayton.

"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," added Simona Mola, a report coauthor and principal at Cornerstone Research. "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."

Additional Trends:

• The number of actions initiated against U.S. respondents declined by 56% in FY 2024, while those initiated against non-U.S. respondents increased by 18%.
• Actions referring to an announced restatement and/or material weakness in internal control in FY 2024 (nine) saw a 78% decline from the number of such actions in the prior two fiscal years (41).
• The number of actions alleging violations of internal accounting controls decreased to its lowest level since FY 2021.
• Non-monetary sanctions were imposed against 67% of the 33 individual respondents who settled in FY 2024.
• The SEC acknowledged that 25% (15 firms and two individuals) of the 67 respondents who settled in FY 2024 offered cooperation, undertook remedial efforts, and/or self-reported to the SEC, slightly down from 26% in FY 2023.
• There were 75 total respondents in accounting and auditing enforcement actions initiated in FY 2024, a decrease from 111 respondents in FY 2023 and below the four-year averages under both Chair Clayton (122) and Chair Gensler (90).

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. With a reputation for high quality and effectiveness, Cornerstone Research has consistently delivered rigorous, state-of-the-art analysis since 1989. The firm has more than 1,000 professionals in nine offices across the United States, UK, and EU.

SOURCE Cornerstone Research