Illegal acts, Auditing

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ILLEGAL ACTS

Auditors may uncover criminal offences committed by a client or an employee of the client. This puts them in a difficult place, though the auditor must act carefully and correctly and if necessary, take legal advice.  The auditor should not commit a criminal offence himself. It is sensed that he would have committed an illegal offence if:

  • He advises his client to commit a criminal offence;
  • Aids the client in devising or examining a crime;
  • If he agrees with a client to conceal or destroy evidence or mislead the police with false statements;
  • If he knows that his client has committed an arrest able offence and tries to impede his arrest and prosecution. Impede does not include refusing to answer questions or refusing to produce documents without the client's consent;
  • If he knows that his client has committed an offence and agreed to accept consideration to withhold information;
  • If he knows that the client has committed treason and fails to report the offence to the proper authority.

 


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