Reference no: EM132202535
You are an associate at ABC LLP, a forensic accounting firm. Your company is retained by the Law Firm that is representing a client. The client, the former CFO of the Public Company, is being investigated by the SEC and FBI for running a large accounting fraud scheme and funneling money to his own account after allegedly falsely invoicing sales during 2013 and 2014. The Auditing Firm, which was recently terminated, audited the Public Company and issued opinion letters in connection with the Public Company’s 2013 and 2014 annual reports. You are just getting up to speed on the case, but the ABC Partner asked for you to help analyze the issue in connection with the Law Firm.
Assignment:
1. Identify at least five civil or criminal laws that might relate to the CFO’s conduct referenced above. After identifying the laws, describe your understanding of the laws and what the SEC and FBI (in connection with the USAO) would need to prove if the CFO was sued/charged for violating the law.
2. Identify at least five questions you would want to ask of the Auditing Firm.
3. Also identify AND describe the SEC laws that may come into play with regard to the Auditing Firm’s involvement.
4. Identify at least five questions you would want to ask the SEC in order to better understand the allegations. Describe your understanding of what the SEC can, or cannot, share about the source(s) of its information. Provide at least three examples of the types of information the SEC can request.
5. Assume that you received a large data file reflecting invoices and purchase orders identified by date. Assume that the CFO provided to you, through his/her attorney, a large data file concerning the CFO’s own monetary transactions, which are listed by date.
a. Generate a step-by-step guide concerning how you would go about analyzing this information. (In other words, explain how you would transition from raw data to an analysis through forensic accounting techniques).
b. More specifically, assume that you would analyze this information using Excel: identify the formulas and methods you would use to analyze the data.
6. Assume that the ABC Partner asks if you are willing to testify about your work in a hearing concerning the CFO, but that the ABC partner is unsure about the laws governing your possible testimony: Identify the types of testimony you might be able to provide by referencing relevant laws on point (and describe the admissibility of such testimony).
7. Assume that you are in a meeting with the Law Firm about advising the CFO on options for defending an SEC investigation / FBI investigation. Describe to the group your understanding of:
a. Advice of Counsel Defense
b. Good Faith Defense
c. Fifth Amendment (testimonial and document)