Fraud Examination
5th Edition
ISBN: 9781305079144
Author: W. Steve Albrecht, Chad O. Albrecht, Conan C. Albrecht, Mark F. Zimbelman
Publisher: Cengage Learning
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Question
Chapter 16, Problem 13SC
To determine
The manner in which the father can be prosecuted criminally.
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The Sarbanes-Oxley Act (SOX) contains all of the following titles that have a direct impact on forensic accounting and fraud except:
Group of answer choices
Title 4 prohibits personal loans and requires certain financial disclosures.
Title 11 provides a possible 25-year prison sentence for anyone altering, destroying, mutilating, or concealing a record, document, or other object (or otherwise impeding) for an official proceeding.
Title 9 increases maximum prison sentences for mail and wire fraud from 5 to 20 years. Willfully and knowingly certifying financial reports not in compliance with the Act is now a criminal offense.
Title 4 prohibits personal loans and requires certain financial disclosures.
Jim Block, CFE, is investigating Randy Smith for his role in a potential kickback scheme. Gathering evidence about Randy's financial activity has been difficult. While on a stakeout at Randy's home, Jim sees Randy's wife take out the garbage and place it on the curb. Jim takes the trash bag, sorts through its contents, and discovers multiple bank statements that provide details about some of Randy's illicit financial transactions. Is jim's acquirement of the bank statements legal even though there was no search warrant? Fully explain!
LO 3 An auditor was sued and found guilty of negligence. For each of the following situations, indicate the likelihood the plaintiff would win if the plaintiff is:
A financial institution that the auditor knew was the primary beneficiary of the audit, suing under common law.
A stockholder suing under common law.
A financial institution that was unknown to the auditor loaned money to the client based on the audit financial statements, but the auditor knew only that the client would use the statements to obtain a loan from some financial institution. The plaintiff is suing under common law.
An investor suing under the 1934 Securities Exchange Act.
An investor suing under the 1933 Securities Act.
Chapter 16 Solutions
Fraud Examination
Knowledge Booster
Similar questions
- During an internal investigation, Black, a Certified Fraud Examiner, interviewed Green, a fraud suspect. Although Green wanted to leave in the middle of the interview, Black blocked the exit and prevented him from leaving. Green subsequently confessed to committing fraud. If, under these facts, Green files a lawsuit for false imprisonment against Black, Black will likely: A. Win the case because the qualified business privilege protects investigators conducting internal investigations. B. Win the case because Green confessed to the fraud. C. Lose the case if a trier of fact concludes that he restrained Green without consent or legal justification. D. Lose the cans because Green did not leave the interview.arrow_forward1. Under the Statute of Frauds, the following contracts must be in writing, otherwise they cannot be enforced in court litigation except CHOICES: Sale of personal property at a price not more than P300.00 Sale of real property regardless of the price involved Sale of property not to be performed within a year from the date thereof regardless of the nature of the property and price involved Answer not givenarrow_forwardRefer to the Focus on Fraud feature “Moss Adams and the Meridian Mortgage Funds Fraud.” a. Why was Moss Adams sued by the trustee for the bankrupt Meridian Mortgage? b. What would the trustee have to prove in order for the courts to hold Moss Adams liable for damages?arrow_forward
- 26-is an act of willfully making misrepresentation of financial information by one or more individuals among management, TCWG, Employee to mislead others O a. Fraud O b. None of the options O c. Mistake O d. Illegal actarrow_forwardRule 10(b)-5 Liability under the Securities Exchange Act of 1934. Gordon & Groton(G&G), CPAs, were auditors of Bank & Company, a brokerage firm and member of anational stock exchange. G&G examined and reported on the financial statements of Bank,which were filed with the Securities and Exchange Commission. Several of Bank’s customers were swindled by a fraudulent scheme perpetrated by Bank’spresident, who owned 90 percent of the voting stock of the company. The facts establish thatG&G failed to perform the audit with the appropriate level of professional care but neitherparticipated in the fraudulent scheme nor knew of its existence.The customers are suing G&G under the antifraud provisions of section 10(b) and Rule10b-5 of the Securities Exchange Act of 1934 for aiding and abetting the president’s fraudulent scheme. The customers’ suit for fraud is predicated exclusively on G&G’s failure toconduct a proper audit, thereby failing to discover the fraudulent…arrow_forwardBlack is a Certified Fraud Examiner for the ABC Company. Green, an employee in the accounting department, steals $40,000 worth of merchandise from the store’s warehoused. If Green’s cas is eventually referred to the police by Black, they will probably charge Green with: A. Breach of contract. B. Breach of fiduciary duty. C. Embezzlement. D. Larceny.arrow_forward
- During the interview of a suspect in an embezzlement case, several common themes are developed that make the offense seem morally acceptable to the suspect. Which of the following is NOT commonly used with embezzlers and other fraud offenders? A. “Borrowing” versus “stealing” B. “Did it for the family” C. “Not being paid enough” D. “Protesting an unjust law”arrow_forward3. John is president and sole shareholder of Photo, Inc. Photo, Inc. wishes to borrow money, but to do so, the bank requires John to orally guarantee to repay the loan if Photo, Inc. cannot. Examine the validity of John’s oral guarantee.arrow_forwardGreen, a police officer, suspected that Brown was engaged in illegal racketeering activities. To obtain evidence of Brown’s illegal conduct, Green place a bug in Brown’s home without a warrant. Green may have violated which of Brown’s constitutional rights? A. Fourteenth Amendments rights. B. Fifth Amendments rights. C. Sixth Amendments rights. D. Fourth Amendments rights.arrow_forward
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