What is Fraud in Private Securities Lawsuit?

Abstract

This study investigates the relation between lawsuit attributes that support an inference of fraud and the probability and the size of securities lawsuit settlement. A sample of 607 securities lawsuits between 1996 and 2006 is used in the analysis of the probability of settlement and a subsample of 261 lawsuit settlements is used in the analysis of the size of settlement. The empirical results indicate a positive association between the probability of a settlement and accounting irregularity, SEC enforcement action and stock offer. Accounting irregularity and SEC enforcement action are also documented to be positively related to the size of the settlement. The results imply that a stock offer supports a strong inference of fraud and the presence of accounting irregularity and SEC enforcement action in a lawsuit filing strengthens the fraud allegation and increases the likelihood of a settlement. The findings also suggest that the stronger the inference of fraud, the greater the size of the settlement. The results of this study add to our understanding of the determinants of securities lawsuit settlement. Studies using securities litigation as a proxy for fraud can use the results of this study to distinguish between fraud-related and nonfraud-related lawsuits.

Citation

Amoah, N.Y. (2013), "What is Fraud in Private Securities Lawsuit?", Managing Reality: Accountability and the Miasma of Private and Public Domains (Advances in Public Interest Accounting, Vol. 16), Emerald Group Publishing Limited, Leeds, pp. 39-63. https://doi.org/10.1108/S1041-7060(2013)0000016005