Home » Accounting Malpractice Claims » Auditors Who Stole the Exam Are Convicted of Fraud
This failure of duty matters – it violates public trust and costs innocent people their jobs, their pensions and above all – faith in a system.
The Wall Street Journal reported on March 11, 2019 that David Middendorf, the former national managing partner for audit quality and professional practice at KPMG, and co-defendant, Jeffrey Wada, former employee of the Public Company Accounting Oversight Board (PCAOB), were convicted in a Manhattan federal court. The federal prosecutors termed their actions a “Steal the Exam” conspiracy.
In a previous blog about the trial, I described why this violation of trust matters, and why auditors must design audits to detect fraud.
We’ve all heard stories about students stealing exams. Years ago, when I was a young auditor, a student who had passed the CPA exam was discovered taking the exam for other candidates. In response, the controls to monitor the exam were changed.
That CPA was expelled by the state board, but on appeal, was surprisingly allowed to keep his CPA certificate. He then got a degree to practice law. Perhaps I was naïve in thinking this was an anomaly and would not happen again. Now, we have the case of the auditor and the regulator who oversees the auditor both being convicted of fraud.
Auditors have received a lot of publicity about their failures to detect fraud. Just a year ago in March 2018, Federal judge Barbara Rothstein ruled that Big 4 accounting firm PwC failed to design their audit to detect fraud at Colonial Bank, resulting in the bank’s failure. She entered a judgment of $625 million against the firm.
When auditors don’t design an audit to detect fraud, unfortunate circumstances may result – the failure at Colonial Bank cost thousands of employees their jobs; stakeholders lost their entire investment; all lost their retirement savings, and some lost a fortune in Colonial stock.
When the KPMG auditors stole the exam and knew which audits would be reviewed by the regulator, they took actions to cover their failures. KPMG wanted to improve their performance on inspections because they had performed poorly in past reviews. For example, they were under close scrutiny by the SEC for their failure to detect problems at GE and Wells Fargo.
Rather than focus efforts on improvements such as performing their work at an acceptable level of care and committing to higher-quality work, the defendant at KPMG took an easier approach – he illegally obtained knowledge of which audits the inspectors would review, and made poor work appear better than it actually was.
We now see a fraud scheme where we didn’t expect to ever see one – among the group whose duty it is to detect it. And this is a question of ethics – both personal ethics and business ethics. I don’t see how you separate the two. How does this happen? As a fraud examiner, I was taught the Fraud Triangle. One of the three legs of the triangle is rationalization – the mindset of a person who rationalizes their fraudulent action. However, I will never understand how fraudsters rationalize these actions!
Auditors must be taught how to recognize fraud – and we have a mandate to teach them. Unlike a cat who attempts to cover its tracks, cover-ups and stealing the exam are unacceptable. It is simply fraud.
For information about our accounting malpractice work, contact us today.
CATEGORIZED UNDER: Accounting Malpractice Claims | Investigative Financial ConsultingRalph Q. Summerford
President
Ralph Q. Summerford is the president of Forensic Strategic Solutions. Mr. Summerford has a broad range of forensic expertise, testifying as an expert witness in federal and state courts on matters involving complicated financial transaction, including fraud, economic damages, business valuation, bankruptcy and accounting malpractice.
Lost Earnings – Wrongful Termination – Civil Litigation
A former city employee claimed she was wrongfully terminated in retaliation for raising concerns of health and safety issues and questionable financial management practices in her department. FSS was hired to compute a reasonable and reliable estimate of lost earnings and to testify to our findings of economic loss in state court.
READ FULL CASE STUDYAccounting Malpractice
When a national accounting firm was sued for its failure to follow generally accepted auditing standards which would have uncovered a scheme that duped the bankers and the purchaser of a small manufacturing company, FSS was hired to investigate the allegations and testify before an arbitration panel. A private equity fund made a stock purchase […]
READ FULL CASE STUDYLost Earnings – Wrongful Termination – Civil Litigation
FSS was hired to compute reasonable and reliable estimates of lost earnings for several plaintiffs and to testify to our findings of economic loss in federal court. Three law enforcement officers filed a civil suit against their former employer alleging they were wrongfully terminated in retaliation for reporting to state officials allegations of corruption and […]
READ FULL CASE STUDYEconomic Damages – Civil Litigation
FSS was hired to compute reasonable and reliable estimates of economic damages and lost profits for an unestablished business, then to effectively present the findings of economic loss to a federal court jury. A business consortium of 15 individual charities and a gaming operator filed a civil suit in federal court alleging the defendant competing […]
READ FULL CASE STUDYLeveraging Technology in Auditing | Ralph Q. Summerford
Ralph Q. Summerford, president, discusses technology’s presence in the world of forensic accounting, focusing on the old – data mining – and the new – artificial intelligence and digital currency, such as bitcoin. He explains how FSS has extensive experience in leveraging these technologies to take their work to the next level, and stresses the […]
WATCH VIDEOThe Benefits of Technology in Auditing | Ralph Q. Summerford
Ralph Q. Summerford, president, examines the benefits data mining and artificial intelligence provide to auditors. Ralph discusses the differences between these technologies, and how they help auditors spot trends and unusual transactions. While auditors are beginning to introduce data mining and artificial intelligence into their processes, Ralph stresses that these technologies do not allow auditors […]
WATCH VIDEOAccounting Malpractice Lawsuits: The Importance of CPAs Seeking Outside Counsel | Ralph Q. Summerford
Ralph Summerford, president of Forensic Strategic Solutions, discusses the importance and benefits of CPAs hiring outside counsel if they are at the center of an accounting malpractice case. He also discusses confusion that CPAs often have surrounding accounting malpractice insurance.
WATCH VIDEOAccounting Malpractice Lawsuits: The Value a CFE Brings to Attorneys | Ralph Q. Summerford
Ralph Summerford, president of Forensic Strategic Solutions, discusses the critical value a certified public accountant (CPA) who is also a certified fraud examiner (CFE) can add to an accounting malpractice case for attorneys, whether the attorney is prosecuting or defending an accountant. One of the greatest values a CFE can add is their ability to translate […]
WATCH VIDEOAccounting Malpractice: When CPAs Miss the Fraud | Leslie P. Littrell
Leslie Littrell, forensic analyst at Forensic Strategic Solutions, discusses accounting malpractice and the recent increase in claims as well as the importance of fraud education. Ms. Parker cites FSS’ work with Auburn University to develop its forensic accounting courses within its Master of Accountancy program as an effort to help expand the knowledge of fraud […]
WATCH VIDEOCalculating Economic Damages: It’s About Far More than the Math | Jeffrey H. Lewis
Economic damages are designed to give claimants a chance to recover their financial positions in the wake of injuries caused by another party. To calculate those damages, however, is no easy task. Experts are required to help counsel and claimants build a credible calculation that matches the facts and circumstances of a case and can […]
READ FULL BLOGHow Attorneys Can Effectively Utilize a CPA in a Breach of Contract Claim | Jeffrey H. Lewis
Selecting the right expert to calculate economic damages in a breach of contract claim can be critical in the success of an attorney’s case. The expert must be able to calculate damages resulting from a breach of contract and convey the story to a trier of fact in a manner that will make the attorney’s […]
READ FULL BLOGUnlocking the Potential of Electronically Stored Information to Determine Lost Profit Damages | Kelly J. Todd
At many small businesses, it’s not uncommon to still find a mass of paper records, yellowing with age and haphazardly tossed in boxes, as well as old-school computers and dot-matrix printers with tractor feeds and green bar paper. Yet even the most unorganized and technologically unsophisticated small business may contain a trove of useful electronically […]
READ FULL BLOGHow Getting Too Close to Clients Can Lead Accountant Malpractice Claims | Ralph Q. Summerford
Accountant malpractice claims have been a growth industry for litigators for more than two decades, thanks to increasingly strict professional standards for auditors and accountants. And there’s no letup in sight. In fact, even in 2020, with the coronavirus wreaking havoc with the business community, regulators have continued to crack down on auditors who […]
READ FULL BLOGFraud Examination: Protecting Your Business from Workplace Fraud | Kelly J. Todd
Despite the distractions and upheaval the Covid-19 pandemic has had on your business, be careful not to overlook another threat that could be looming around the corner — fraud in the workplace. Occupational fraud is the misuse of one’s occupation for personal gain and includes anything from stealing office supplies to cooking the books to […]
READ FULL BLOGHow to Prevent Workplace Corruption and Collusion? Think Like a Financial Fraud Investigator | Kelly Todd
When financial fraud investigators discuss corruption in the workplace, they are usually referring to a single employee who is exploiting their position for personal benefit. Collusion, however, involves multiple people working together to abuse their power. When a collision occurs, the damage to a company’s finances and reputation multiplies. And pinpointing the perpetrators and the […]
READ FULL BLOGThe Shift to Teleworking: Protecting Your Business Data from Fraud | Kelly Todd
The mass exodus of employees from traditional offices in the wake of the COVID-19 pandemic and the growing ease with which information can be moved and shared has made one thing clear: Businesses are facing a risk-filled new frontier when it comes to their data security. The rapid shift to telework has only expanded the […]
READ FULL BLOGAccountant Malpractice Claims Are Likely to Rise. Are You Prepared? | Ralph Q. Summerford
CPAs, especially those in smaller accounting practices, usually have close relationships with their clients—and rightfully so. After all, who else is better positioned to understand clients’ finances and businesses than their trusted accountants? That is until they suffer a financial fraud scheme that a CPA has failed to uncover. Then, what I call the “client […]
READ FULL BLOGBrilliance v. Ethics – Which One Wins? | Ralph Q. Summerford
Originally published by ACFE Insights. Smart people commit fraud every day. A recent case gives us a prime example. A federal judge asked Donald Watkins, Sr. to step away from the jury box as Watkins, Sr. made an impassioned plea in his closing argument. Watkins, Sr. was in the personal space of front-row jurors, who were […]
READ FULL BLOGAuditors Who Stole the Exam Are Convicted of Fraud | Ralph Q. Summerford
This failure of duty matters – it violates public trust and costs innocent people their jobs, their pensions and above all – faith in a system. The Wall Street Journal reported on March 11, 2019 that David Middendorf, the former national managing partner for audit quality and professional practice at KPMG, and co-defendant, Jeffrey Wada, […]
READ FULL BLOGBig 4 CPA Firm Knew in Advance Which Audits Would Be Inspected by Government Watchdogs | Ralph Q. Summerford
This is violation of trust, and it matters! Auditors must design their audits to look for fraud, and failure to do so may cause massive losses for stakeholders, investors, creditors and retirees. Neglecting to detect fraud can be truly life-altering — especially for retirees. While teaching a business ethics class in Jackson, Mississippi, I was […]
READ FULL BLOGTechnology is Changing Auditing | Ralph Q. Summerford
Or… has technology already changed auditing?
The accounting and auditing world is buzzing with talk of how automation and other technologies will reshape the accounting profession. Oh, how slow this world catches on! The reshape should have already taken place as both technology and automation have far surpassed the capabilities and knowledge of most auditors.
READ FULL BLOG28th Annual ACFE Global Fraud Conference in Nashville — Like a Fine Wine | Ralph Q. Summerford
The premier annual conference for anti-fraud professionals just concluded in Nashville at Music City Center. Nashville has every reason to beat its chest about this new venue — it is just fantastic. It’s as good as, if not better than, any conference center in any major city across the country.
READ FULL BLOGStrengthen Waged-Based Loss Cases with a Forensic Accounting Expert Sooner Rather than Later | Kelly J. Todd
I have worked in investigative financial consulting for more than 17 years, and during my tenure I have worked with attorneys in a variety of capacities to provide financial consulting and expert support in a broad range of personal and corporate disputes. One of those capacities includes serving as a forensic accounting expert on cases involving wage-based losses.
READ FULL BLOGThe Give and the Take in Charitable Giving | Ralph Q. Summerford
Charitable giving, while good with intent, is not always received as expected. Let’s say you and I give to a seemingly worthwhile charity. You may be surprised at who really takes from the charity – frequently, it’s the fundraisers and executives. Oftentimes the fundraisers and executives are one in the same, since many founders will leave the charity to start a consulting and fundraising business to contract with the charity. This is really where it begins to get out of hand.
READ FULL BLOGBenefits of Seeking Independent Counsel in an Accounting Malpractice Lawsuit | Ralph Q. Summerford
Most CPAs will never face the underbelly of an accounting malpractice lawsuit. Those who do, however, will say the challenges are something they never want to experience again in their lives.
READ FULL BLOGA Lesson on Investigating Fraud from A Fictional Investigator | Ralph Q. Summerford
As a frequent speaker on the subject of fraud, people often ask me, “How do you investigate fraud?” My answer is always the same: You look for the anomaly. To me, it sounds so simple until I step back and realize that most people cannot see the anomaly, although it is usually right in front of them.
READ FULL BLOGCareful Out There – Ponzi Schemes are Alive and Well | Ralph Q. Summerford
With all of the publicity that surrounded the Bernard Madoff, Scott Rothstein, ZeekRewards and Allen Stanford Ponzi schemes, among many others, you would think that people would have by now received the message about Ponzi Schemes; how they work and how those investors lose their money.
READ FULL BLOGCyber-security: Minimizing Internal Threats | Kelly J. Todd
Like a magician’s sleight of hand, the barrage of headline news related to hackers and cyber criminals may divert attention away from the equally dangerous, but perhaps less obvious, threat to your corporate assets: employees. While trusted employees are moving, sharing, and exposing corporate data just to do their jobs, the malicious employee may be deliberately taking confidential information for personal gain or other nefarious reasons.
READ FULL BLOGAccounting Malpractice Is a Growth Industry | Ralph Q. Summerford
CPA’s have close relationships with their clients (especially in smaller accounting practices) and rightfully so. Who else is better to understand their client’s financial and business affairs than their trusted CPA? And the relationship generally remains close…
READ FULL BLOGComputer Forensics v. E-Discovery: What Every Expert Should Know | Kelly J. Todd
Increasingly, the answers to the most fundamental litigation questions – the “who, what, where, when, and why” – are contained in electronically stored information (ESI), which can be retrieved through electronic discovery (e-discovery) and/or computer forensics.
READ FULL BLOGHow to Find Electronically Stored Information | Kelly J. Todd
In our case study, gas station owner, Morris, has alleged that Green Fuel, a small gasoline distributor, overcharged him. Both parties had inadequate and unsophisticated documentation, making determining losses very difficult.
READ FULL BLOGElectronically Stored Information: The Case Study | Kelly J. Todd
You might not think that a small business would have useful or accessible electronically stored information (ESI). Consider this example of identifying and obtaining relevant forensic evidence to determine lost profit damages with this particular small business.
READ FULL BLOGUnlocking the Potential of Electronically Stored Information | Kelly J. Todd
Think twice before you assume that an unsophisticated small business cannot possibly have any useful or accessible electronically stored information (ESI).
READ FULL BLOGLook for the anomaly to find fraud | Ralph Q. Summerford
Events may happen in a person’s life that can lead to an act of desperation. And desperate people may take irrational actions. I am talking about bad economic times, the failure of a business, the loss of a job, divorce, a family member on drugs, disease, children in trouble, criminal acts by a family member […]
READ FULL BLOGGuarding Against Embezzlement Fraud: Defensive Measures | Ralph Q. Summerford
Now that you’ve gained valuable information from the first and second parts of our educational series, Guarding Against Embezzlement Fraud, we offer insight into defensive measures. It is extremely important to understand the necessity of an adequately controlled investigation. The moment embezzlement or fraud is suspected, steps should be taken to mitigate the company’s damages while […]
READ FULL BLOGGuarding Against Embezzlement Fraud: What Can Go Wrong? | Ralph Q. Summerford
Welcome to the second installment of our three-part educational series on Guarding Against Embezzlement Fraud. Catch up on part one, Guarding Against Embezzlement Fraud: Developing An Action Plan. Simply adopting an action plan doesn’t necessarily eliminate the risk altogether. What can go wrong? Many varied problems. The reason unexpected situations arise is because they are unexpected. […]
READ FULL BLOGGuarding Against Embezzlement Fraud: Developing An Action Plan | Ralph Q. Summerford
We’d like to introduce our three-part educational series on Guarding Against Embezzlement Fraud. In this first installment, we will discuss preventive measures you can take. The second part will explain how embezzlement cases can bring about unexpected problems, and the third and final part of our series will discuss defensive measures. It’s not something business […]
READ FULL BLOG