четверг, 29 мая 2025 г.

The fraud perpetrated by the senior management is beyond the scope of the audit responsibilities


Ernst & Young (EY) is facing a $2.6 billion negligence claim brought forth by the administrators of NMC Health, a private healthcare group that collapsed following a massive accounting scandal. In its defense, EY argues that the scale and sophistication of the fraud perpetrated by NMC's senior management went beyond the scope of its audit responsibilities, likening the situation to a meticulously constructed "Truman Show."

The claim alleges that EY failed to identify fraudulent activities despite years of auditing NMC's financial statements. The administrators argue that EY should have detected red flags and raised concerns about the group's accounting practices. However, EY maintains that the fraud was exceptionally intricate and concealed through a web of fabricated documents, forged identities, and misleading transactions.

EY's legal team asserts that uncovering such a meticulously designed scheme would have required investigative procedures beyond the scope of standard audit practice. They argue that auditors are not expected to act as forensic investigators, nor are they equipped with the tools and authority to delve into such complex criminal activities.

The case highlights the delicate balance between auditor responsibility and the limitations of traditional auditing methods in detecting sophisticated fraud. It raises crucial questions about the expectations placed on audit firms and the need for ongoing advancements in auditing techniques to effectively combat increasingly elaborate financial crimes. The outcome of this trial could have significant implications for the auditing profession, potentially leading to revised standards and a reassessment of auditor liability in cases involving complex fraud schemes.