David Sinason

The internal auditor as fraud‐buster

External auditors are often not positioned to detect and report the occurrence of employee fraud. Internal auditors, however, can be an entity’s main line of defence against fraud. In this article, the authors identify: the fraud risks and signals that internal auditors should recognize, the assistance that internal auditors can provide external auditors in implementing SAS No. 82 and complying with Title III of the Private Securities Litigation Reform Act, and the affirmative steps internal auditors can take to prevent, deter, detect, and report fraud. The future is not promising, however. All three aspects of the fraud model – pressure, opportunity, and rationalization – appear to be moving in the direction of increasing the risk of fraud. The potential for increased fraud demands a sharpened focus by the internal auditor.

An Investigation of Auditor and Client Tenure

The purpose of this study is to examine the duration of the auditor’s relationship with a client and factors that affect audit firm tenure. The duration of the auditor and client relationship has been cited as possibly affecting the risk of a loss of auditor independence. Also, audit firm tenure has been used as an independent variable in several studies with variations on the characterization of a “long auditor‐client association.” However, little is known about the duration of the auditor’s relationship with a client. Generally, no empirical justification is provided for the treatment of the variable and no consideration is included for auditor or client factors that may affect the relationship. This study evaluates the duration of the auditor relationship with a client and determines which factors contribute to changes in that relationship. In an examination of 16,976 COMPUSTAT companies over a twentyyear period, the mean duration of audit tenure is found to be more than six years. However, audit tenure is affected by client size, client growth rate, and type of audit firm involved in the change of auditor. Audit tenure is not affected by audit firm size, client risk, or audit opinion.

Three’s a crowd: An examination of state statutes and court decisions that narrow accountant liability to third parties for negligence

Abstract The last 30 years have witnessed a surge in litigation against public accounting firms. Accounting firms and the profession itself have taken a proactive stance to mitigate the effects of litigation. One step taken has been to mount a campaign aimed at legal reform that would level the playing field upon which liability claims are resolved. Despite the passage of recent federal reform legislation, however, accountants have continued to confront significant liability from cases based on state tort theories, especially negligence. The positive signal for accountants, however, is that a trend has emerged at the state level, both legislatively and judicially, toward a narrower scope of accountant liability to nonclients for negligence. This article outlines and analyzes state court decisions and statutes that have slowed or reversed the expansion of accountant liability to third parties for negligence. Also, this trend is examined in light of the varying legal standards used by the states in determining which third parties have a right to sue accountants for negligent misrepresentation.

Security in a Web-Based Environment

Emphasizes that although electronic commerce continues to grow, with it come many problems including the worry of security over the Internet. Presents a systematic approach to developing and continuously improving Web security systems — allowing for enterprise‐wide controls regarding security risks. Goes into much detail regarding systems, security and design.

Auditor liability to third parties: an international focus

Examines the legal environment of the UK, Canada, Australia, New Zealand and the USA with respect to auditor liability. Provides an understanding of the legal risks to accountants associated with third‐party uses of audited financial statements by contrasting accounting liability for negligent misrepresentation in various US settings with those of the four other nations. Liability pressure has been very acute and litigation in the five countries has increased. Evidence supports a trend towards limiting third‐party liability to accountants.

The value of assurance service: an example from the market for baseball cards

Purpose – The need for reliable information for decision makers is a fundamental principle underlying the demand for audit and assurance services. Yet, individuals and companies often do not understand the value that users place on independent third‐party assurance. This paper aims to address this issue.Design/methodology/approach – This paper uses the market for baseball cards to provide an empirical analysis of the value users associate with third‐party assurance services. Paired observations for baseball cards are identified on eBay; one with a third‐party assurance regarding its quality and one with only the sellers statement.Findings – Comparative analysis indicates that bidders are willing to pay significantly more for the items when third‐party assurance was provided.Originality/value – These findings indicate that third‐party assurance is valued by consumers, and where information asymmetry exists between buyer and seller, sellers should consider the use of third‐party assurance to increase sale ...

Qui tam actions: fighting fraud against the government

Purpose – This paper seeks to provide auditors, forensic accountants, investigators, regulators, financial managers, lawyers, law enforcement personnel, academics, and others with a basic overview of the steps in and elements of a qui tam legal claim, limitations on a qui tam claim, protection for a whistleblower employee, and the role of qui tam litigation in the fight against fraud.Design/methodology/approach – A sample of types of recent qui tam fraud cases is highlighted for the reader. The steps in filing a qui tam claim are described along with the limitations of pursuing such a lawsuit. The paper includes a statutory and legal case study analysis of each required element of proof in a qui tam claim. Analysis of actual qui tam court cases illustrates the importance of private civil lawsuits in combating fraud committed against the US Government.Findings – This paper provides readers with information about the substantial recoveries earned by successful qui tam plaintiffs. Also, the necessary steps i...

A STUDY OF THE EFFECTS OF ACCOUNTABILITY AND ENGAGEMENT RISK ON AUDITOR MATERIALITY DECISIONS IN PUBLIC SECTOR AUDITS

Public administration theory suggests that increased accountability in the public sector influences the auditor to lower materiality levels; thereby increasing the audit sample size; which decreases the likelihood of an inappropriate opinion. Accounting theory posits that engagement risk leads the auditor to lower materiality levels to decrease the likelihood of rendering an inappropriate opinion, in an effort to avoid litigation. The results of this study indicate, that in public sector entities, accountability guides the auditors’ materiality decisions.

At the interface of the electronic frontier and the law: the international legal environment for systems reliability assurance services

Abstract In response to concerns about unreliable information systems, the American Institute of Certified Public Accountants (AICPA) and the Canadian Institute of Chartered Accountants (CICA) have launched a new assurance service called SysTrust. The objective of a SysTrust engagement is for the practitioner to issue an attestation/assurance report on system(s) reliability. The development and deployment of the CPA/CA SysTrust service, however, is done in a high litigation risk environment, especially in the United States, Canada, Australia, New Zealand, and the United Kingdom. Our purpose is to evaluate the legal environment in these five nations so CAs and CPAs can comprehend the issues involving potential litigation prior to initiating SysTrust engagements. Presently, no legal case in the U.S., Canada, Australia, New Zealand, and the United Kingdom has yet been reported which addresses directly accountant liability to third parties for negligent information system assurance services. An analysis of related legal cases sheds light on the potential liability of SysTrust providers. However, the current international legal environment is characterized by a high level of uncertainty. Several risk management strategies, including risk exposure analysis, client engagement evaluation, engagement letters, loss-limit clauses, and alternative dispute resolution, are presented that SysTrust providers may implement to minimize litigation risk.