Exam 20: Legal Liability

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The most restrictive view under common law is that auditors have no liability to third parties who do not have a privity relationship with the auditor. Briefly define privity and the effect it has on the auditor, client, investors, and creditors under common law.

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Privity means that a contract or specific agreement exists between two parties. The contract between the auditor and the client allows for privity because it is a direct contract. However, investors and creditors cannot successfully sue auditors, even if they are negligent, because they were not directly involved in the contract and do not, therefore, have privity.

The Securities Exchange Act of 1934:

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D

Why are plaintiffs motivated to bring actions under RICO?

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C

What type of liability has the Private Securities Litigation Reform Act of 1995 created for cases filed under federal statutory law? How did this change from previous legislation? How has this impacted the cases against auditors and the way cases are now presented?

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Suits are often brought against auditors that allege that the auditors did not detect some type of fraud or defalcation. List the six defenses that the auditors could mount against client negligence claims.

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The Sarbanes-Oxley Act of 2002 grants the PCAOB the ability to undertake two functions over registered public accounting firms and persons associated with such firms. Briefly explain the purpose of the PCAOB, making sure to reference their two major functions.

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The Foreign Corrupt Practices Act requires that:

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Common law:

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Which of the following is not one of the four general stages in the initiation and disposition of audit-related disputes?

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Under the liability provisions of Section 11 of the Securities Act of 1933, a CPA may be liable to any purchaser of a security for certifying materially misstated financial statements that are included in the security's registration statement. Under Section 11, which of the following must be proven by a purchaser of the security?

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Which of the following is the best defense a CPA firm can assert in a suit for common law fraud based on its unqualified opinion on materially false financial statements?

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Jay and Co., CPAs, audited the financial statements of Maco Corp. Jay intentionally gave an unqualified opinion on the financial statements even though material misstatements were discovered as a result of the audit. The financial statements and Jay's unqualified opinion were included in a 10-K (annual report filed with the SEC)for the company. Which of the following statements is correct regarding Jay's liability to a purchaser of the offering under Section 10(b)and Rule 10b-5 of the Securities Exchange Act of 1934?

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An auditor can be sued by a client for negligence under common law.

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In regards to the Foreign Corrupt Practices Act (FCPA), external auditors:

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An auditor can be held criminally liable for:

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Which of the following is not required for establishing an auditor's liability for negligence?

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Which statement is correct concerning an auditor's statutory legal liability?

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Under common law, which of the following statements most accurately reflects the liability of a CPA who fraudulently gives an opinion on an audit of a client's financial statements?

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Common law is written law enacted by the legislative branches of governments.

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Under the antifraud provisions of Section 10(b)of the Securities Exchange Act of 1934, a CPA may be liable if the CPA acted:

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