Public Accountants (AICPA) strives to improve the delicate balance of acceptable level of both due professional care and due diligence. The following two cases will address the inherent liability as well as professional care and due diligence. The Ultramares v. Touche & Co. case of 1931 is a great example of the inherent risks of the CPA profession. Even though that Touche & Co. audit services would be used to obtain financing, they did not know who ultimately would be financing Fred Stern
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through taxation, legistration, social welfare, or some other legal means. In contrast, the capitalist society is rewarded to the risk takers alone (the auditors in this case). Until the case of Ultramares Corp. v. Touche, auditors admitted no liability whatsoever to third parties. The judgment in Ultramares reaffirmed the principle that a fraudulent accountant, not a negligent one, would be liable to third parties misled by his or her statements. This case has had an impact on the work of auditors
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Before You Sue The Accountants Daniel J. Hurson Even if it looks like a strong case, be careful—there are some surprising defenses. IN THE WAKE OF the corporate accounting scandals that have dominated the business news for the last few years, as well as recurring announcements of large settlements in class action suits against major accounting firms, the prospect of a malpractice case against an accounting firm would at first glance seem attractive. Juries are presumably more predisposed to
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Nama: Khairina Nur Izzaty NIM: 12030113410008 AUDITING LANJUTAN KEWAJIBAN HUKUM AUDITOR DAN RESPON SERTA PROTEKSI PROFESI TERHADAP AKUNTAN PUBLIK A. Latar Belakang Para professional selalu diminta untuk cermat ketika menjalankan tugas melayani klien. Menurut common law, para professional audit bertanggungjawab untuk memenuhi apa yang telah dinyatakan dalam kontrak dengan klien. Apabila auditor gagal memberikan jasa atau tidak cermat dalam pelaksanaannya, mereka secara hukum bertanggungjawab
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willing to take risks that shouldn't be taken, the auditors in particular. In this particular case, the auditors claimed to not be liable to the third parties. Because of this, I think the courts should socialize these losses. Since the case of Ultramares Corp. vs. Touche, auditors now bestow a greater care in preparing their reports, which is exactly what they need to present to outside third parties. 2. Under the Securities Exchange Act of 1934 the sale of securities are regulated after their
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Chapter 4 Legal Liability Considerations for Auditors * Review Questions 4-1 Several factors that have affected the increased number of lawsuits against CPAs are: 1. The growing awareness of the responsibilities of public accountants on the part of users of financial statements. 2. An increased consciousness on the part of the SEC regarding its responsibility for protecting investors’ interests. 3. The greater complexities of auditing and accounting due to the increasing
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In early 2014, Diamond Foods Inc. paid $5 million to settle its accounting fraud. The company’s CFO manipulated the cost of walnuts by pushing some of the cost to a later period. This practice led to higher income and misled investors in 2010 and 2011. Diamond restated its 2012 financial statements. In reviewing the SEC filing of Diamond Foods, Inc., I found that its auditors at first issued an unqualified opinion on its 2012 financial statements. “In our opinion, such consolidated financial
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Question #1 (AICPA.080977REG-1C) | | | (NOTE: This is a CPAexcel simulated Exam Question, not AICPA licensed Material) Tax preparer Margie is wondering: Why should CPAs make reasonable efforts to obtain and provide for the client appropriate answers to all questions on a tax return? | A. The question may be important in determining taxable income or loss, so its omission may detract from the quality of the return. | | B. The CPA is obligated to sign the preparer's declaration, which
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Case 7.5: Fred Stern & Company, Inc. (Ultramares Corporation v. Touche et al.) 1. Observers of the accounting profession suggest that many courts attempt to “socialize” investment losses by extending auditors’ liability to third-party financial statement users. Discuss the benefits and costs of such a policy to public accounting firms, audit clients, and third-party financial statement users, such as investors and creditors. In your view, should the courts have the authority to socialize investment
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Business Law Chapter 3: Hypothetical Scenarios & Case Problems Did Lamar have standing to challenge the ordiance? I don’t believe Lamar had the right to challenge. The Orchard Park ordinance clearly states that they restrict signs in certain areas , to advertising products and services available for sale only and on the premises, and to other limits. Lamar stated that this was a violation of the First Amendment. I do not see how this violates the First Amendment because the First
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