C. Give an example and explain securities fraud in violation of the Securities Act of ‘33. D. Explain how Enron “cooked the books” with two of its accounting practices
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C. Give an example and explain securities fraud in violation of the Securities Act of ‘33.
D. Explain how Enron “cooked the books” with two of its accounting practices
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- Which of the following is not part of Sarbanes–Oxley?a. An increased duty on the part of auditors to identify financial statement fraud.b. A requirement that the CEO and CFO certify the financial statements.c. Increased penalties for destruction of records in federal investigations.d. Increased penalties for mail fraud and criminal violations of the Securities Exchange Actof 1934(Sections 302 and 906) How do the officer certification requirements help to address the risk of fraud in publicly traded organizations? What is the likelihood that a CFO who is committing fraudulent financial reporting would sign the certification falsely, and what are your reactions to that possibility?Which of the following is not true of a registration statement? A . It helps the SEC make judgments about the worth of securities. B. It contains financial statements certified by independent public accountants. C. It provides information about the management of the company. D. It is different for different types of companies that offer securities for sale.
- The Securities and Exchange Commission’s mission is to regulate the securities markets by requiring full disclosure of information and preventing fraudulent activities. However, it does not regulate registration and reporting for every type of financial security. Required a. Briefly describe the markets and securities that are regulated by the SEC. b. Provide two examples of securities that are not subject to the SEC’s registration and reporting rulesWhen an entity uses a trust company as custodian of its marketable securities, the possibility of concealing fraud most likely would be reduced if thea. Trust company has no direct contact with the entity employees responsible for maintaining investment accounting records.b. Securities are registered in the name of the trust company rather than the entity itself.c. Interest and dividend checks are mailed directly to an entity employee who is authorized to sell securities.d. The trust company places the securities in a bank safe deposit vault under the custodian’s exclusive control.Consider section 24 of the Securities Act of 1933 and section 32 of the Securities Exchange Act of 1934 (see Module C). Based on the case information, do you believe that Madoff’s auditor, Friehling, should be facing criminal charges? Why or why not?
- Under the 1933 Securities Act, which of the following must be proven by the purchaserof the security?Reliance on the Fraud byFinancial Statements The CPA(1) Yes Yes(2) Yes No(3) No Yes(4) No NoThe Sarbanes–Oxley Acta. requires the SEC to establish a federaloversight board for the accounting industry.b. requires CEOs to certify periodic financialstatements.c. subjects auditors, accountants, andemployees to imprisonment for destroyingfinancial documents.d. prohibits many types of consulting servicesby accounting firms.e. All of the above are true.1)List and explain the General Standards. 2)What are the Auditor’s Liabilities under Common Law and Contract Law. 3) What are the Auditor’s Liabilities under Statutory Law (SEC Acts and Other Acts of Congress). Securities Act 1933: Securities & Exchange Act 1934: Foreign Corrupt Practices Act (1977): Private Securities Litigation Reform Act (1995/1998): Sarbanes-Oxley Act (2002):
- The concept of adequate disclosure continues to be one of the most important issues facing accountants. Disclosures are also necessary to the public for their protection against fraud when securities or stocks are offered to the public for sale. Disclosure requirements for the financial statements are covered in: a. IAS 36 b. IAS 7 c. IAS 1 d. IAS 3Each of the following scenarios is based on facts in anactual fraud. Categorize each scenario as primarily indicating (1)an incentive to commit fraud, (2) an opportunity to commitfraud, or (3) a rationalization to commit fraud. State your reasoningfor each categorization.a. There was intense pressure to keep the corporation’s stockfrom declining further. This pressure came from investors,analysts, and the CEO, whose financial well-being was significantlydependent on the corporation’s stock price.b. A group of top-level management was compensated (mostlyin the form of stock options) well in excess of what would beconsidered normal for their positions in this industry.c. Top management of the company closely guards internalfinancial information, to the extent that even some employeeson a need-to-know basis are denied full access.d. Managing specific financial ratios is very important to thecompany, and both management and analysts are keenlyobservant of variability in key ratios. Key…Which of the following statements is true of the Sarbanes−Oxley Act? A. All private and foreign companies must issue an internal control report evaluated by an outside auditor. B. Accounting firms are allowed to provide both auditing services and a full range of consulting services to their public company clients. C. Those who commit securities fraud must be sentenced to 10 years in prison. D. The Public Company Accounting Oversight Board oversees the work of auditors of public companies.