AI + Fraud

Financial gatekeepers and investor protection: Evidence from criminal background checks

Journal of Accounting Research 2019, 57(2): 491–543

with Lillian F. Mills

Financial advisors with pre-advisor criminal records pose a greater risk to investors.

Criminal background concept

Key takeaways

The research question

Who becomes a financial advisor? And does their past predict their future behavior with clients' money?

We examine whether criminal background checks of financial advisors protect investors. This is a direct test of whether past behavior predicts professional misconduct.

What we found

Advisors with criminal records before entering the profession are significantly more likely to commit professional misconduct. The effect is economically meaningful: a criminal record roughly doubles the probability of future investor harm.

When states mandate criminal background checks, the pool of advisors changes. Firms become more selective, and investor complaints decline.

Policy implications

Background checks work. They screen out individuals who are more likely to harm investors. Regulators should consider strengthening these requirements across the financial services industry.

The broader lesson: personal character matters for professional conduct. Gatekeeping mechanisms that assess character can protect the public.

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