Your tax client, Steve Michaels, told you that his former accountant who prepared his annual tax returns made errors that resulted in him suffering more than $100,000 in losses. Apparently, the errors involved adjustments to his income for a loss resulting from his sale of a property that had greatly diminished in value. Michaels alleged that the former accountant incorrectly advised him that his income was too high to deduct the loss on the property. You confirmed that Michaels overpaid his taxes to the IRS and he did not receive a tax refund that otherwise would have been received. Questions: 1. Did the former accountant violate any of the rules of conduct in the AICPA Code of Professional Conduct? Be specific. 2. Describe the legal standards of negligence and recklessness. Explain whether the former accountant violated one and/or the other standard. 3. Describe the legal standards of negligence and gross negligence. Explain whether the former accountant violated one and/or the other standard. 4. Discuss whether there any defenses the former accountant can assert to avoid legal liability.
> Consider the ethical principle of praising the good and ignoring the bad. Is this a good way to foster ethical behavior?
> Why do bad things sometimes happen to good people? Does this mean they are a bad person?
> Do you think a CPA can justify allowing the unethical behavior of a supervisor by claiming, “It’s not my job to police the behavior of others?”
> The SEC’s new rules on posting financial information on social media sites such as Twitter means that companies can now tweet their earnings in 280 characters or less. What are the problems that may arise in using a social media platform to report key fi
> Assume that a CFO asks you, as the accountant for the company, to omit certain financial figures from the balance sheet that may paint the business in a bad light. Because the request does not involve a direct manipulation of numbers or records, would yo
> One morning a student telephones her professor that she won't be able to take a scheduled exam because her car broke down on the way home from an out-of-town trip. She asks to take it at another time. What would you do if you were the professor and why?
> Do you think the "Resolution of Ethical Issues" section in The IMA Statement of Ethical Professional Practice is a helpful part of its ethical standards?
> Why do you think good people sometimes do bad things? Explain.
> MacIntyre, in his account of Aristotelian virtue, states that integrity is the one trait of character that encompasses all the others. How does this relate to the Principles in the AICPA Code of Professional Conduct?
> Explain the components of Burchard’s Ethical Dissonance Model and how it describes the ethical person-organization fit at various stages of the contractual relationship in each potential fit scenario. Assume a Low Organizational Ethics, High Individual E
> What does the term "civility" mean to you? Do you think it is civil behavior to shout down a speaker with whom you do not agree? What about cancelling someone because you don't agree with their message?
> Answer the following with regard to egoism. (a) Do you think it is the same to act in your own self-interest as it is to act in a selfish way? (b) Do you think “enlightened self-interest” is a contradiction in terms, or is it a valid basis for all action
> David Starr Jordan (1851–1931), an educator and writer, said, “Wisdom is knowing what to do next; virtue is doing it.” Explain the meaning of this phrase as you see it.
> What is the comparative negligence defense? When can it shield auditors from legal liability for their actions?
> Tinseltown Construction just received a $2.6 billion contract to construct a modern football stadiumfor the L.A. Rams and San Diego Chargers at the L.A. Sports and Entertainment District. The company estimates that it will cost $1.8 billion to construct
> Describe the possible entities that may sue an auditor and the possible reasons for a lawsuit.
> Is there a difference between an error in financial statements, fraud, and negligence from a reasonable care perspective? Give examples of each of your response. How would these events affect accountants’ legal liability?
> During a particularly stimulating lecture by your accounting ethics professor on accountants’ legal liabilities, the following question was posed: Assume you are a CPA and have just been sued by a third-party for your failure to conduct a proper audit. W
> Under what circumstances might an auditor be held legally liable for negligent representation versus a fraudulent misrepresentation based on court rulings discussed in the chapter? Include in your discussion the tests for reliance on misrepresentations.
> Explain how the intent requirement of the legal principle of scienter relates to ethical standards of behavior discussed in previous chapters.
> Distinguish between the legal standards of gross negligence and fraud.
> How does auditors’ meeting public interest obligations relate to avoiding legal liability?
> How has the Sarbanes-Oxley Act affected the legal liability of accountants and auditors?
> Do you believe the standard for liability under the PSLRA better protects auditors from legal liability than the standards which existed before the Act was adopted by Congress? Explain.
> Danny Boy, a local CPA who owns a tax practice, is being investigated by the IRS for the preparation of false income tax returns for a client. The IRS alleges that the individual taxpayer/client used a substantial amount of his company’s funds for person
> Revenue recognition in the Xerox case called for determining the stand-alone selling price for each of the deliverables and using it to separate out the revenue amounts. Why do you think it is important to separate out the selling prices of each element
> What must a plaintiff assert in a Section 11 claim under the Securities Act of 1933 to properly allege an “opinion” statement is materially misleading? When might certain financial statement items constitute “opinions”?
> Distinguish between the legal standards of negligence and recklessness.
> Rule 10b-5 is a regulation created under the Securities and Exchange Act of 1934 that targets securities fraud. Explain how the provision is applied in determining whether fraud has occurred including when earnings management is the underlying motivation
> Explain how the quality of corporate governance, risk management, and compliance systems are critical in controlling financial restatement risk within organizations.
> Explain how restatements due to operational issues can trigger restatements.
> Explain how errors in accounting and reporting can trigger restatements.
> Distinguish between big R and little r restatements. What is required of management and the external auditors when such events occur?
> Assume the auditor has determined that prior financial statements need to be restated. What disclosures and other information should be communicated to shareholders, investors, and creditors about this matter?
> It has been said that “Businesses don’t fail – Leaders do.” Explain what this means.
> When should financial statements be restated?
> What is the purpose of using financial analysis to spot earnings management?
> Assume you are asked in an interview: Give me one word that describes you best? Then, explain why it is important in effective leadership. What would you say?
> Describe the role of professional judgment in ethical leadership as it pertains to accountants and auditors and the link to their moral role in society.
> On August 15, 2017, the SEC completed an Administrative Hearing process initiated by a PCAOB investigation of KPMG, LLP and one of their audit partners John Riordan, CPA1 for conducting a materially deficient audit of Miller Energy Resources Inc. KPMG be
> Billy Muldoon, CPA and CFO, just finished reading a preliminary draft of his company’s annual audit report from Local CPAs, LLC. He was concerned that the CPA firm plans to issue a qualified audit report because it had concluded that the company had a ma
> Alexion is a global biopharmaceutical company whose shares are traded on the Nasdaq Stock Market in the U.S. The company develops and sells drugs for patients with life-threatening rare and ultra-rare diseases. Alexion began commercial sales of its first
> When financial results aren’t what they seemed to be – and a company is forced to issue material financial restatements –should it be required to develop policies to claw back incentive pay and bonuses that were awarded to senior managers on the basis of
> Kay & Lee LLP was retained as the auditor for Holligan Industries to audit the financial statements required by prospective banks as a prerequisite to extending a loan to the client. The auditor knows whichever bank lends money to the client is likely to
> On December 13, 2012, Vertical Pharmaceuticals Inc. and an affiliated company sued Deloitte & Touche LLP in New Jersey state court for alleged accountant malpractice, claiming the firm’s false accusations of fraudulent conduct scrapped Trigen Laboratorie
> In the 2007 case of Paul V. Anjoorian v. Arnold Kilberg & Co., Arnold Kilberg, and Pascarella & Trench, the Rhode Island Superior Court ruled that a shareholder can sue a company’s outside accounting firm for alleged negligence in the preparation of the
> QSGI, Inc., is in the business of purchasing, refurbishing, selling, and servicing used computer equipment, parts, and mainframes. During its 2008 fiscal year (FY) and continuing up to its filing for Chapter 11 bankruptcy on July 2, 2009 (the “relevant p
> Joker & Wild LLC has just been sued by its audit client, Canasta, Inc., claiming the audit failed to be conducted in accordance with generally accepted auditing standards, lacked the requisite care expected in an audit, and failed to point out that inter
> Helen Roberts is reviewing two transactions recorded by her client, Biotechnologies (Biotech), as part of her accounting firm’s annual audit of the client for the December 31, 2021, financial statements. She knows Biotech is under pressure to maximize re
> In Chapter 4 we discussed the artificial tax shelter arrangements developed by KPMG LLP for wealthy clients that led to the settlement of a legal action with the Department of Treasury and the Internal Revenue Service. On August 29, 2005, KPMG admitted t
> One of the earliest frauds during the late 1990s and early 2000s was at Sunbeam. The SEC alleged in its charges against Sunbeam that top management engaged in a scheme to fraudulently misrepresent Sunbeam’s operating results in connecti
> On March 4, 2009, the SEC reached an agreement with Krispy Kreme Doughnuts, Inc., and issued a cease-and-desist order to settle charges that the company fraudulently inflated or otherwise misrepresented its earnings for the fourth quarter of its FY2003 a
> What are financial statement restatements?
> On June 12, 2017, GE announced that 30-year GE veteran and current President and CEO of GE Healthcare John Flannery would be replacing Jeff Immelt as CEO of the company as of August 1, 2017. Immelt had been the CEO for 16 years, taking over that role fro
> The Kraft Heinz Co. case was discussed in the chapter. To refresh your memory, on May 6, 2019, Kraft Heinz disclosed that it would restate its financial statements due to faulty procurement practices. The financial statements for 2016, 2017, and the firs
> Monsanto is an agricultural seed and chemical company that manufactures and sells glyphosate, an herbicide, under the trade name “Roundup.” Roundup historically was one of Monsanto’s most profitable products, and the company sells it to both retailers an
> Jeremy Strong, CPA was recently hired as the new CFO of Imageware Consolidated (IC) a small publicly owned company. This is Jeremy’s first job outside of public accounting, leaving Deloitte after ten years, where he rose in the ranks to senior audit and
> Meredith Merriweather, CPA is the CFO of Trego Bikes and Trikes (TBT), a manufacturer of Bicycles ranging from tricycles to high end racing bikes. The company has good market penetration and has seen a very stable demand for its bikes over the last few y
> The story of Theranos, a company that sought to make blood tests cheaper, is a cautionary tale for Silicon Valley about what can happen when a company fails to develop internal control systems or overrides them, and when the CEO creates a psychological c
> You just became the new external auditor of a large public company that carries freight throughout the world. You just began to audit the 2021 financial statements and have come across a transaction that occurred in 2020 that would materially change the
> The North Face, Inc. (North Face) is an American outdoor product company specializing in outerwear, fleece, coats, shirts, footwear, and equipment such as backpacks, tents, and sleeping bags. North Face sells clothing and equipment lines catered toward w
> The SEC bought an action against BMW NA for inaccurate disclosures of its retail vehicle sales volume in the United States. In order to close the gap between actual retail sales volume and internal retail sales targets, and in an effort to publicly maint
> According to an October 16, 2017, article by Richard Clough of Bloomberg News,1 General Electric reported earnings per share of $.28, $.13, $.19 and $.15 for the quarter ending September 30, 2017, on an earnings call. Yes, you read that correctly, GE rep
> What is the risk of management bias for each earnings judgment and estimate? What safeguards should be in place to mitigate the risk of management bias, if any? What is the external auditor’s role in this process?
> It took a long time but the Securities and Exchange Commission finally acted and held auditors responsible for the fraud that occurred in banks during the financial recession in 2014. Surprisingly to some, the TierOne bank case explained below was the na
> It’s no fun accepting a position for your dream job and then red flags are raised that make you wonder about the culture of the company. Those are the thoughts of Donna Mason on January 18, 2022, as she prepares for a meeting with her a
> The CFO, King Bernard, of Blackswan Petfood, a large publicly traded manufacturer of organic gourmet dog and cat food, is getting ready for the quarterly conference call with major investors and financial analysts in two days. The King has been reviewing
> Exhibit 1 presents the fourth quarter press release of Allergan. Allergan is a global pharmaceutical company and a leader in a new industry model – Growth Pharma. Allergan’s product lines include Botox, Juvederm, Latis
> We can’t recognize revenue immediately, Paul, since we agreed to buy similar software from DSS,” Sarah Young stated. “That’s ridiculous,” Paul Henley replied. &acir
> Winners & Losers, Inc. (WLI) is a Nevada corporation with its principal place of business in Las Vegas. Its business model is to provide electronic sports betting in conjunction with a new law that legalized it in Nevada. The companyâ€
> Weatherford International PLC is a multinational Irish public limited company based in Switzerland, with U.S. offices in Houston, Texas. Weatherford’s shares are registered with the SEC and are listed on the NYSE. Weatherford files peri
> Ronnie Maloney, an audit partner for Forrester and Loomis, a registered public accounting firm in Boston, just received a meeting request from Jack McDuff, the chairman of the audit committee of Digital Solutions, one of his clients. The audit committee
> Diamond Foods, based in Stockton, California, is a premium snack food and culinary nut company with diversified operations. The company had a reputation of making bold and expensive acquisitions. Due to competition within the snack food industry, Diamond
> Maines and Wahlen state in their research paper on the reliability of accounting information: “Accrual estimates require judgment and discretion, which some firms under certain incentive conditions will exploit to report non-neutral accruals estimates wi
> In what some are suggesting is the worst financial reporting fraud since Enron, Wirecard filed for bankruptcy in June of 2020 after admitting that €1.9 billion Euros ($2.1bn U.S.) on its balance sheet (representing roughly 25% of its total assets) probab
> Travis McGee, a Senior Audit Manager for a Big Four Audit, Consulting, Tax and Data Analytics organization, has just spent the last year helping the firm rollout its new Artificial Intelligence (AI) based audit infrastructure. Travis is considered one of
> On January 30, 2018, General Electric (GE) announced that it was taking an after-tax charge of $6.2 billion in the December 31, 2017 financial statements and additional cash funding of $15 billion in statutory capital contributions to its insurance subsi
> Margaret Dairy is a CPA and the managing partner of Dairy and Cheese, a regional CPA firm located in northwest Wisconsin. She just left a meeting with a well-respected regional credit union headquartered in her hometown. Margaret was asked whether her fi
> Richard Lange, CPA, is a sole practitioner. The largest audit client in his office is Echo Park Sportswear (EP Sports). EP Sports is a privately owned company in South Bend, Indiana with a 12-person board of directors. Richard was hired by the audit comm
> Assume Ethan Lester and Vick Jensen are CPAs. Ethan was seen as a “model employee” who deserved a promotion to director of accounting, according to Kelly Fostermann, the CEO of Fostermann Corporation, a Maryland-based, largely privately held company that
> PwC violated SEC rule 2-02(b) of Regulation S-X and PCAOB Rule 3525 by engaging in improper professional conduct in violation of the independence rules on audit clients. This case is unique because the firm had mischaracterized certain nonaudit services
> On September 10, 2019, the Public Company Accounting Oversight Board (PCAOB) censured Marcum LLP and Alfonse Gregory on the basis of its findings that Marcum repeatedly violated PCAOB rules and standards over the course of four years by failing to satisf
> When Karen Ward started at Ernst & Young in 2013, only four senior managers in her division were women. All the partners were men. This was a red flag, but she didn’t see it then but soon realized that EY’s lack of female leaders was no accident but the
> Joe Kang is an owner and audit partner of Han, Kang & Lee, LLC. As the audit of Frost Systems was reaching its concluding stages on January 15, 2022, Kang met with Kate Boller, the CFO, who is also a CPA, to discuss the inventory valuation of one its hig
> Do you agree with Thomas McKee's conception of earnings management as applied to (a) operational earnings management and (b) accounting earnings management?
> Katy Carmichael, CPA, was just promoted to audit manager in the technology sector at a large public accounting firm. She started at the firm six years ago and has worked on a number of the same client audits for multiple years. She prefers being placed o
> Family Games, Inc., is a privately owned company with annual sales from a variety of wholesome electronic games that are designed for use by the entire family. The company sees itself as family-oriented and with a mission to serve the public. However, du
> Lance Popperson woke up in a sweat, with an anxiety attack coming on. Popperson popped two anti-anxiety pills, laid down to try and sleep for the third time that night, and thought once again about his dilemma. Popperson is an associate with the accounti
> In the first three months of 2021, Johnson Pharmaceutical’s sales and earnings were declining, placing the company in financial distress. As a result, Johnson had begun the process of borrowing $1 million to stay afloat. Around the same time, Paul Leona
> Jerry Maloney, CPA has been working at Mason Pharmaceuticals for fifteen years. Mason is a Fortune 1000 company whose stock trades on the New York Stock Exchange. He came to Mason after starting his career in the audit practice of PwC working on clients
> In 2005, Tony Menendez, a former Ernst & Young LLP auditor and Director of Technical Accounting and Research Training for Halliburton, blew the whistle on Halliburton’s accounting practices. The fight cost him nine years of his life. Just a few months la
> On September 8, 2016, Wells Fargo announced it was paying $185 million in fines to Los Angeles city and federal regulators to settle allegations that its employees created millions of fake bank accounts for customers. It also agreed to pay $142 million i
> John Stanton, CPA, is a seasoned accountant who left his Big-4 CPA firm Senior Manager position to become the CFO of a highly successful hundred million-dollar publicly-held manufacturer of solar panels. The company wanted John’s expertise in the renewab
> What possessed a CEO to hype a product that didn’t work and lie to financial institutions, pharmacies, the government, and the public about it? Is it hubris; plain and simple? Or was there something nefarious going on? The case of Theranos, an once high-
> What prompted partners at KPMG to facilitate cheating on internal training exams? In 2018, Timothy Daly, a former lead engagement partner, solicited and received questions and answers to the examination from a colleague, who was a second audit partner on
> Needles talks about the use of a continuum ranging from questionable or highly conservative to fraud to assess the amount to be recorded from for an estimated expense. Do you believe that the choice of an overly conservative or overly aggressive amount w
> Leaving home for the first time and going off to college is an exciting and stressful time for tens of thousands of students across the U.S. each year. Leaving the familiarity of family, friends and community behind and entering an often much more divers
> “I’m sorry, Jen. That’s the client's position,” Travis said. “I just don’t know if I can go along with it, Travis,” Jen replied. “I know. I agree with you. But, Chefs Delight is our biggest client, Jen. They’ve warned us that they will put the engagemen
> You are the Controller for Mountain Manufacturing which produces specialized components used in the manufacturing of cell phones sold by Apple, Motorola, and Samsung. The company is located in Southglenn Colorado, a suburb of Denver. Demand for your prod
> Jenna was irritated after class today. A classmate, Ben, had argued about the need for social justice reform that included defunding the police. Jenna was offended by the comments in part because her father was a policeman. She spoke to others in her cir
