You are an associate at ABC LLP, a forensic accounting firm. Your company is retained by...

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Accounting

You are an associate at ABC LLP, a forensic accounting firm.Your company is retained by the Law Firm that is representing aclient. The client, the former CFO of the Public Company, is beinginvestigated by the SEC and FBI for running a large accountingfraud scheme and funneling money to his own account after allegedlyfalsely invoicing sales during 2013 and 2014. The Auditing Firm,which was recently terminated, audited the Public Company andissued opinion letters in connection with the Public Company’s 2013and 2014 annual reports.

You are just getting up to speed on the case, but the ABCPartner asked for you to help analyze the issue in connection withthe Law Firm.

Assume that you are in a meeting with the Law Firm aboutadvising the CFO on options for defending an SEC investigation /FBI investigation. Describe to the group your understanding of:

a. Advice of Counsel Defense

b. Good Faith Defense

c. Fifth Amendment (testimonial and document)

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a Advice of Counsel Defense In terms of patents law in an action of breaking the law advice of counse defense is a belief that the plaintiff has obtained from the lawyer after    See Answer
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You are an associate at ABC LLP, a forensic accounting firm.Your company is retained by the Law Firm that is representing aclient. The client, the former CFO of the Public Company, is beinginvestigated by the SEC and FBI for running a large accountingfraud scheme and funneling money to his own account after allegedlyfalsely invoicing sales during 2013 and 2014. The Auditing Firm,which was recently terminated, audited the Public Company andissued opinion letters in connection with the Public Company’s 2013and 2014 annual reports.You are just getting up to speed on the case, but the ABCPartner asked for you to help analyze the issue in connection withthe Law Firm.Assume that you are in a meeting with the Law Firm aboutadvising the CFO on options for defending an SEC investigation /FBI investigation. Describe to the group your understanding of:a. Advice of Counsel Defenseb. Good Faith Defensec. Fifth Amendment (testimonial and document)

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