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Madoff Case

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Bernard Madoff’s ponzi scheme was the largest in the history which defrauded investors out of as much as $65 billion. David Friehling, the leading auditor of Bernard L. Madoff Investment and Securities’ (BLMIS), was sentenced for aiding Madoff with investment advisor fraud, and filing false audit reports with the SEC. Since then, people are paying more and more attention to auditors’ and accountants’ legal liability. This document will describe the ways in which BLMIS auditor disregarded his responsibility to uphold the fundamental principles governing an audit; types of evidence to determine whether a company has purchased, sold and maintained proper custody of investment securities; definition of ordinary negligence, gross negligence, and fraud, and whether auditing firm should be facing criminal charges.
As the leading auditor of BLMIS, Friehling failed to conduct audits that complied with GAAS and GAAP by failing to conduct independent verification of BLMIS assets, review material sources of BLMIS revenue, including commissions, examine a bank account through which billions of dollars of BLMIS client fraud flowed, verify liabilities related to BLMIS client accounts, verify the purchase and custody of securities by BLMIS, and test internal controls as required under GAAP and GAAS standards.
Auditors should review related documents and obtain information from third parties to determine whether BLMIS had purchased, sold, and maintained proper custody of investment securities. The examiner could review all the transaction records to make sure such trades exactly happened. Auditors can also review broker/dealer activities to determine the existence of the trades. Besides, auditors can contact banks to review the accounts balance to substantiate the existence of recorded trades and occurrence of the related transactions, and to verify the cutoff and accuracy of trade transactions.
There are three levels of failure to exercise due care: ordinary negligence,.

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