Week 3 Homework Questions 1) The following questions are based on the same scenario I used for question 3 in your week 1 homework. That question addressed violations of the Code of Conduct. I want to apply the same scenario to legal liabilities. Here is a copy of the scenario: John Smith owns a small, privately held firm. He hired you to audit its financial statements. He told you that the audit was to be completed in time to submit audited financial statements to a bank as part of a loan application. You immediately accepted the engagement and agreed to provide an auditor's report within three weeks. John agreed to pay you a fixed fee plus a bonus if the loan was granted. You hired two accounting students to conduct the audit and spent several hours telling them exactly what to do. You told the students not to spend time reviewing John's internal controls but instead to concentrate on proving the mathematical accuracy of the ledger accounts and on summarizing the data in the accounting records that support John's financial statements. The students followed your instructions and, after two weeks, gave you the financial statements, which did not include footnotes. You studied the statements and prepared an unqualified auditor's report. The report, however, did not refer to generally accepted accounting principles or to the fact that John had changed to the accounting standard for capitalized interest. Here are the new questions: a) After the audit was completed, John used the financial statements to secure a loan from a bank. Within a year, John was unable to make payments on the loan. In the process of investigating the reason why, the bank determined that the financial statements were material misstated. John, however, was near bankruptcy and could not pay off the loan. The bank sued you for the balance due on the loan. Given the violations I discussed in my solution to the week 1 homework, do you think the bank will prevail? You answer should provide an analysis of the legal issues involved to include what basis the bank would have to sue, what you level of liability would be(proportionate or joint and several), and a clear statement of why or why not you think the bank would prevail to include how effective your defenses might be. b) Now assume that instead of applying for a bank loan, you knew that John was planning to use the financial statements as part of a prospectus for an initial public stock offering (IPO), i.e., John's firm sold stock directly to the public. John did and a potential investor read the prospectus and did a comprehensive analysis of the financial statements as a basis for his decision to buy a significant portion of stock in the new corporation. A year later, the firm was doing so badly that its stock price was down to 10% of what it was after the IPO. The investor sued both the John' s new corporation and you for his investment losses. During the trial, the investor was able to show.