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Au 317: Illegal Acts by Clients

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Presentation on theme: "Au 317: Illegal Acts by Clients"— Presentation transcript:

1 Au 317: Illegal Acts by Clients
Dr. Donald K. McConnell Jr. 11/18/2018

2 Client Illegal Acts Background: The Fund of Funds Case
What are illegal acts? Sharp distinction in auditor responsibilities: Direct effect illegal acts Indirect effect illegal acts Procedures in absence of evidence concerning illegal acts Symptoms of illegal acts Auditor responsibilities Audit report effects 11/18/2018

3 The Fund of Funds Case Lead to issuance of this SAS
$80 million judgment against the auditors Facts of the case 11/18/2018

4 What Is an Illegal Act? Violations of laws or governmental regulations (Au 317.02)
11/18/2018

5 Sharp Distinction in Auditor Responsibilities
Should auditors be responsible for all client illegal acts? Not feasible to design an audit to provide reasonable assurance of detecting all illegal acts Two types of illegal acts: Direct effect illegal acts Indirect effect illegal acts 11/18/2018

6 Direct Effect Illegal Acts (Au 317.5)
Result from accounting or finance improprieties As accountants we are trained to recognize direct effect illegalities! Auditor must test compliance with relevant laws: Revenue streams may be dependent upon compliance Liabilities may inure from noncompliance Auditor responsibility the same as for material fraud 11/18/2018

7 Indirect Effect Illegal Acts (Au 317.6)
Result more from operating improprieties, e.g. OSHA violation Auditor cannot be expected to detect indirect effect illegal acts Auditor probably wouldn’t even know about unless management or client legal counsel told us! Auditor responsibility therefore less than for material fraud 11/18/2018

8 Audit Procedures in Absence of Evidence Concerning Illegal Acts
Must auditor design procedures intended to detect illegal acts? Routine audit procedures which may point to existence of illegal acts [Au ]: Reading minutes of the Board Inquiry of management Inquiry of attorneys via attorneys letters (subsequent events procedure) Performing substantive tests of details Management rep. letter (Au 333) 11/18/2018


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