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An Analysis of SEC Clawback Provisions in terms of Loss-Aversion and Narcissism

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Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to

Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to return performance-based, variable compensation that was erroneously awarded in the year of a misstatement. This research shows the need for the use of a new clawback provision that combines aspects of the two currently in regulation. In our current federal regulation, there are two clawback provisions in play: Section 304 of Sarbanes-Oxley and section 954 of The Dodd\u2014Frank Wall Street Reform and Consumer Protection Act. This paper argues for the use of an optimal clawback provision that combines aspects of both the current SOX provision and the Dodd-Frank provision, by integrating the principles of loss aversion and narcissism. These two factors are important to consider when designing a clawback provision, as it is generally accepted that average individuals are loss averse and executives are becoming increasingly narcissistic. Therefore, when attempting to mitigate the risk of a leader keeping erroneously awarded executive compensation, the decision making factors of narcissism and loss aversion must be taken into account. Additionally, this paper predicts how compensation structures will shift post-implementation. Through a survey analyzing the level of both loss- aversion and narcissism in respondents, the research question justifies the principle that people are loss averse and that a subset of the population show narcissistic tendencies. Both loss aversion and narcissism drove the results to suggest there are benefits to both clawback provisions and that a new provision that combines elements of both is most beneficial in mitigating the risk of executives receiving erroneously awarded compensation. I concluded the most optimal clawback provision is mandatory for all public companies (Dodd-Frank), targets all executives (Dodd-Frank), and requires the recuperation of the entire bonus, not just that which was in excess of what should have been received (SOX).

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2018-12

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Financial Intelligence Pays Off: A Personal Guide to Finance for Students

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Financial Intelligence Pays Off blog is an easy to use blog for high school juniors and seniors and college students to access in order to receive a quick overview of essential financial topics. There are many sources and college courses

Financial Intelligence Pays Off blog is an easy to use blog for high school juniors and seniors and college students to access in order to receive a quick overview of essential financial topics. There are many sources and college courses for students to take to get a more in-depth understanding of topics such as saving, filing taxes, learning about credit but many times students do not know about these courses. However, it is often that courses are restricted to students who are business majors and online sources sometimes use to technical of terminology for young adults to follow along. The goal of this blog is for it to give students just a quick overview of what taxes are, how to manage and have a good credit score, how to keep a budget and other essential financial tasks. There are five topics covered in the blog as well as resources for students to access if they would like more information on a topic.

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2018-12

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The Unintended Consequences of Sarbanes-Oxley Act of 2002

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Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited

Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average Americans. There were several US criminal code sections that resulted from the passing of SOX. Statute 1519, which is often referred to as the "anti-shredding provision", penalizes anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to" obstruct a current or foreseeable federal investigation. This statute, although intended to punish behavior similar to that which occurred in the early 2000s by corporations and auditors, has been used to charge people beyond its original intent. Several issues with the crafting of the statute cause its broad application and some litigation even reached the Supreme Court due to its vague wording. Not only is the statute being applied beyond the intent, there are other issues that legal scholars have critiqued it for. This statute is far from being the only law facing these issues as the same issues and critiques are found in the 14th amendment. Rewriting the statute seems to be the most effective way to address the concerns of judges, lawyers and defendants regarding the statute. In addition, Congress could have passed this statute outside of SOX to avoid being seen as overreaching if obstruction of justice related to documents was actually an issue outside of corporate fraud.

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2016-12

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Housing as a Mandate Not a Goal in Arizona The Arizona Housing Crisis: Affordable and Accessible Housing

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In the long term, there is evidence that accessible and affordable housing is crucial to the health, wealth and sustainability of a community (Enterprise, 2014). In Arizona, the ramifications of regressive tax policies and discriminatory zoning and credit practices have

In the long term, there is evidence that accessible and affordable housing is crucial to the health, wealth and sustainability of a community (Enterprise, 2014). In Arizona, the ramifications of regressive tax policies and discriminatory zoning and credit practices have led to what has been termed an “affordable housing crisis” where Arizona is ranked the third worst in the nation for affordable housing (NLIHC, 2020). The research grapples with the policies and history of housing in Arizona, with specific focus on the policies regarding lending, tax and zoning. Access to opportunities and resources (food, health, etc.) is significantly related to housing, thus exploring what kind of homes are available to whom and where those homes are located is critical to understanding the disparate barriers inadequate housing imposes and the impact housing has. To understand this we must understand the role of the state in ensuring an equitable housing market, and the intimacies of what is already happening at local level. The goal is to explore sustainable solutions that can bridge the affordable housing gap and provide protections for residents in the volatile housing market.

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2021-05

The CARES Act: Analyzing America's $2 Trillion Stimulus Package and Investing the Motivations and Results of the PPP Loan Program

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The PPP Loan Program was created by the CARES Act and carried out by the Small Business Administration (SBA) to provide support to small businesses in maintaining their payroll during the Coronavirus pandemic. This program was approved for $350 billion,

The PPP Loan Program was created by the CARES Act and carried out by the Small Business Administration (SBA) to provide support to small businesses in maintaining their payroll during the Coronavirus pandemic. This program was approved for $350 billion, but this amount was expanded by an additional $320 billion to meet the demand by struggling businesses, since initial funding was exhausted under two weeks.<br/><br/>Significant controversy surrounds the program. In December 2020, the Department of Justice reported 90 individuals were charged for fraudulent use of funds, totaling $250 million. The loans, which were intended for small business, were actually approved for 450 public companies. Furthermore, the methods of approval are<br/>shrouded in mystery. In an effort to be transparent, the SBA has released information about loan recipients. Conveniently, the SBA has released information of all recipients. Detailed information was released for 661,218 recipients who have received a PPP loan in excess of $150,000. These recipients are the central point of this research.<br/><br/>This research sought to answer two primary questions: how did the SBA determine which loans, and therefore which industries are approved, and did the industries most affected by the pandemic receive the most in PPP loans, as intended by Congress? It was determined that, generally, PPP Loans were approved on the basis of employment percentages relative to the individual state. Furthermore, in general, the loans approved were approved fairly, with respect to the size of the industry. The loans, when adjusted for GDP and Employment factors, yielded a clear ranking that prioritized vulnerable industries first.<br/><br/>However, significant questions remain. The effectiveness of the PPP has been hindered by unclear incentives and negative outcomes, characterized by a government program that has essentially been rushed into service. Furthermore, limitations of available data to regress and compare the SBA's approved loans are not representative of small business.

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2021-05

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An Analysis of Income’s Role in the Arizona Public School Tax Credit

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Over the years from 2009 to 2017, the people of Arizona witnessed the state consistently defunding the schools, its students academically underperforming, and as a result, the poverty achievement gap widening. Even with the efforts in recent years to re-invest

Over the years from 2009 to 2017, the people of Arizona witnessed the state consistently defunding the schools, its students academically underperforming, and as a result, the poverty achievement gap widening. Even with the efforts in recent years to re-invest in education, Arizona’s education funding falls below its level at 2008 and the national average. Among Arizona’s funding sources is the Public School Tax Credit, a unique legislation for the state that allows for taxpayers to donate money to certain programs at Arizona public schools and reduce their state income tax liability dollar-for-dollar. Because of the already severe achievement gap in Arizona, this funding source which relies on surrounding neighborhoods’ income raises the concern that, instead of helping Arizona students, it is exacerbating the existing achievement gap. The purpose of this paper is to examine the relationship between income and donations received by schools to determine the validity of this concern. To ensure a comprehensive examination of the relationship between income and donations received, regression tests are run on both the aggregate level and individual level. The tests find that, although income does have a statistically significant correlation with the donations received, it is only positive for the effect of total income on total donations, negative for the effect of average income per return on average donation per donor, and negative for average income per return on total donations. The results imply that to garner high donations, it matters less to be located in a high-earning neighborhood and more important to be located in a moderate-earning neighborhood with a lot of people donating using this credit. Therefore, the concern of income’s effect on donations is valid, but perhaps not in the straightforward way that we would expect.

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2020-12