Auditors’ liabilities may arise under common law and statute. Statutory liability may be civil or criminal. Professional accountants are increasingly guiding against incidences of litigation that may impact negatively on their work.

You are required to:

(a) Outline SIX ways through which accountants may be charged for criminal offenses. (6 Marks)

(b) Explain SIX reasons why auditors are willing to settle legal matters with their clients out of court. (6 Marks)

(c) State THREE disadvantages of an out-of-court settlement. (3 Marks)

(Total: 15 Marks)

(a) Six Ways Accountants May Be Charged for Criminal Offenses:

  1. Aiding a Client in Committing a Crime:
    • Assisting clients in devising or executing illegal acts.
  2. Withholding Incriminating Information:
    • Accepting consideration to withhold incriminating information about a client’s offense.
  3. Destroying or Concealing Evidence:
    • Agreeing to conceal or destroy evidence or providing false information to authorities.
  4. Advising Clients to Commit a Criminal Offense:
    • Offering guidance or advice to clients that leads to criminal activity.
  5. Preventing Arrest or Prosecution:
    • Acting in ways to shield a client from arrest or prosecution for a known offense.
  6. Failure to Report Serious Crimes:
    • Not reporting treason, terrorist acts, or money laundering to the appropriate authorities​

(b) Six Reasons Auditors Prefer Out-of-Court Settlement:

  1. Avoid Delays in Judicial System:
    • Court cases can be slow with delays and adjournments.
  2. Cost-Saving:
    • Litigation is expensive for both parties; settlements save money.
  3. Prevent Negative Publicity:
    • Court decisions can attract unwanted attention and harm reputations.
  4. Uncertainty in Litigation Outcomes:
    • Court rulings can be unpredictable, increasing risk.
  5. Limiting Further Legal Actions:
    • A settlement closes doors to other potential lawsuits related to the case.
  6. Saving Face for Both Parties:
    • Neither party is declared a winner or loser, preserving relationships​

(c) Three Disadvantages of Out-of-Court Settlement:

  1. Incomplete Compensation for Clients:
    • Clients may not receive full compensation.
  2. Reduced Penalties for Auditors:
    • Audit firms may not be adequately penalized for their mistakes.
  3. Unresolved Duty of Responsibility:
    • Final legal responsibility may remain unclear, leaving ethical and professional issues unresolved​