Preview

U.s. Securities and Exchange Commission and Client Personnel

Satisfactory Essays
Open Document
Open Document
351 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
U.s. Securities and Exchange Commission and Client Personnel
A brief summary of the case is, Health Management, Inc., a pharmaceutical distributor had a way of calculating their Allowance of doubtful accounts in a way that was not understood by Securities and Exchange Commission and misunderstood by the financial analysts. This caused the financial analysts to put the post earnings per share at $.74 when it was really $.54. Clifford Hotte, the CEO, was told of the $.20 difference by Drew Bergman, the CFO, and told him he refused to take the hit, because the stock would drop. He had Drew Bergman figure out a way to fix it so they would be on target with what the financial analysts predicted. To fix it Drew Bergman overstated the year-end inventory by $1.8 million along with a couple other small adjustments. The main reason they got away with it is because Drew Bergman used to work for the Auditing Company and therefore knew the company’s procedures. Drew Bergman did this by making false papers and had people lie saying a driver left Pittsburgh facility on April 28, with $1.3 million of drugs, two days before the end of the fiscal year. The truck then arrived after the inventory count in New York and another transfer of more than $500,000 going from New York to Pittsburgh, not using the UPS as usual. Finally they used the false papers and people to claim they forgot to count these drugs and therefore boosted their end of year inventory by $1.8 million.
1. BDO Seidman’s attorneys pointed out correctly that professional standards do not prohibit auditors and client personnel from being “friends”. At what point do such relationships result in violations of the auditor independence rules and guidelines? Provide hypothetical examples to strengthen your answer.
As the beginning of the question states: professional standards do not prohibit auditors and client personnel from being “friends.” The point at which a relationships result in violations of the auditor independence rules and guidelines is when the auditor stops being

You May Also Find These Documents Helpful

  • Good Essays

    Under the Professional Code of Conduct Rule 301 the auditor is not to disclose any confidential client information without the specific consent of the client (Arens, Elder, & Beasley, p. 97). Peter has been disclosing to a friend some of the details of the audit, not knowing that there is a relationship between the friend and Smackeys loan officer. This could potentially affect whether or not Smackey will be granted the loan they are seeking, and it’s important the auditor always keep information confidential.…

    • 1840 Words
    • 8 Pages
    Good Essays
  • Good Essays

    The auditors violate client confidentiality. 4. The auditors breach some ethics issues. All the auditor should comply with the following audit standards. 1.…

    • 473 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Smackey Dog Food

    • 2442 Words
    • 10 Pages

    When auditing a publicly held company, auditors need to observe principles. The ethical principles of the American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct are independence, responsibilities, the public interest, integrity, objectivity and independence, due care, and scope and nature of services. More specifically, audit team members are required to be objective and independent with regard to the audit by maintaining objectivity and being free of conflicts of interest in discharging professional responsibilities and by being independent in fact and appearance when providing auditing and other attestation services. Through this one can see how influential the SEC is. Under the Sarbanes-Oxley Act of 2002, auditors have to be objective and independent otherwise legal sanctions can be incurred.…

    • 2442 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    AU 240

    • 2166 Words
    • 7 Pages

    Top-level employees manipulated transactions and the financial statements to minimize expense recognition. This was accomplished through a variety of ways. These ways include: “Avoided depreciation expenses on their garbage trucks…, assigning arbitrary salvage values to other assets…, failed to record expenses for decreases in the value of landfills as they were filled with waste, refused to record expenses necessary to write off the costs of unsuccessfully and abandoned landfill development projects, established inflated environmental reserves (liabilities)…, improperly capitalized a variety of expenses, and failed to establish sufficient reserves (liabilities) to pay for income taxes and other expenses.” (Beasley, pg. 106) The SEC determined that these fraudulent practices were executed at the executive level. These transactions were manipulated or perpetrated at company headquarters.…

    • 2166 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Acc/325 Phase 2

    • 983 Words
    • 4 Pages

    If the auditor does not stay completely independent, financially, personally, and to a point, professionally, the audit will lose its value. Though the rule seems clear and mess free, there are exceptions. Auditors may have small loans with a client as long as they are on standard terms. An auditor may also do work for an auditor as long as they are not conflicting with the work that they audit. For example, auditors may install system software but it is a good idea not to do the taxes of a client.…

    • 983 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Audit Knapp Answer

    • 3212 Words
    • 13 Pages

    Similar to most financial frauds, the Livent, Inc. fraud was masterminded by a few individuals, primarily Garth Drabinsky and Myron Gottlieb. However, numerous individuals were eventually drawn into Livent’s fraudulent schemes by its principal architects, including Maria Messina, the company’s chief financial officer (CFO). Messina, a former partner with Deloitte & Touche’s Canadian affiliate, had previously served as Livent’s audit engagement partner. The fraud unraveled following Livent’s takeover by an investment group led by Hollywood mogul Michael Ovitz. The new management team installed by Ovitz soon found that “massive, systematic irregularities” permeated the company’s accounting records. Subsequent investigations by various regulatory authorities, including the SEC, resulted in numerous civil lawsuits and criminal indictments being filed against Drabinsky and his former associates.…

    • 3212 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Comtemporary Auditing

    • 1166 Words
    • 5 Pages

    2. Suppose that a company uses one or more of the practices that you identified in responding to the previous question. What implications, if any, do those practices have for the company’s independent auditors?…

    • 1166 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    2. Suppose that a company uses one or more of the practices that you identified in responding to the previous question. What implications, if any, do those practices have for the companys independent auditors?…

    • 1072 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In economic society, most people like to invest their fortunes in the capital market and security market. As more and more investors join in the investing market which is very complex and fascinating, and it can be successful. Unlike the deposits are hypothecated by the federal government, stocks, bonds and other securities can lose value in capital market because their no surety. So the security and exchange commission play an important role in the capital market, and the important thing is the security and exchange commission demands the public companies should be disclose the meaningful financial and other information to the public. This provides an equitable environment and common knowledge for the investors who can make a decision for buy, sell or hold a security. The security and exchange commission supervises the key participants in the securities market, which contains securities brokers and dealers, securities exchanges, investment advisors, and mutual funds. The security and exchange commission is concerned primarily with promoting the disclosure of important market-related information, maintaining fair dealing, and protecting against fraud. Every year, the security and exchange commission works closely with other institutions, such as Congress, other federal departments and agencies, the self-regulatory organizations, state securities regulators, and various private sector organizations. The other thing is the security and exchange commission use the securities laws to deal with civil enforcement actions against individuals and companies which has typical infractions. The responsibility of the U.S. security and exchange commission is to protect the investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. This article is an overview of the Securities and Exchange Commission history, role of the division of different offices, how the Securities and Exchange Commission maintains…

    • 2412 Words
    • 10 Pages
    Good Essays
  • Powerful Essays

    In 1934 the Securities Exchange Act created the SEC (Securities and Exchange Commission) in response to the stock market crash of 1929 and the Great Depression of the 1930s. It was created to protect U.S. investors against malpractice in securities and financial markets. The purpose of the SEC was and still is to carry out the mandates of the Securities Act of 1933: To protect investors and maintain the integrity of the securities market by amending the current laws, creating new laws and seeing to it that those laws are enforced.…

    • 2300 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Taxation Midterm

    • 993 Words
    • 4 Pages

    1. A close friendship between an auditor and the client can jeopardize the auditor’s appearance of independence. And I think when such close relationship begins influence the auditor’s thoughts when he or she makes very important decisions, the independence of an auditor has been compromised.…

    • 993 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    Intentional collusion of auditors and their clients is is not the major cause of Audit integrity. Most of the times, auditors find it difficult to become objective. In 1992, Phar-Mor, Inc. drugstore in the United States seeking a court protection from corruption failed a court case.…

    • 1982 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Independence of Auditing

    • 1009 Words
    • 5 Pages

    According to Section 323 of Corporation Act, auditor has the power to gain information from the audit client and the audit client must provide information or other assistance to the auditor concerning the consolidated financial statement being audit. Therefore, there is no denying that auditor would master the audit client’s business, its policies and its procedures through the information she or he obtained. Moreover, the auditor also has the professional knowledge in respect of corporate management or finance which might benefit the audit client. Thus, the provision of auditing and non-auditing services to the audit client would generate potential and real threat to audit independence.…

    • 1009 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The independence of auditors is regarded as key to their credibility as external verifiers of external financial statements. The requirement for external auditors to be independent of their clients when undertaking an audit according to the International Federation of Accountant 's (IFAC) Code of Ethics and in the European Union 's Eighth Directive. In the IFAC code, this requirement is translated into various situations where observance of…

    • 3123 Words
    • 13 Pages
    Better Essays
  • Satisfactory Essays

    By-Laws

    • 607 Words
    • 3 Pages

    1. There is violation of ethical conduct under professional independence( Financial interest).it is because Wani not take part in the audit of the client and the value of her shares is not material in relation to her husband wealth.…

    • 607 Words
    • 3 Pages
    Satisfactory Essays