Question
ake, a newly-licensed CPA, who set up an office in South Beach, does accounting work for Cardozo Corporation, a publicly traded company. One day, Jake
ake, a newly-licensed CPA, who set up an office in South Beach, does accounting work for Cardozo Corporation, a publicly traded company. One day, Jake is contacted by both the FBI (Federal Bureau of Investigations) and the FDLE (Florida Department of Law Enforcement) regarding dual investigations of Cardozo and its President and CEO, Donald J. Trick. Jake was dismayed to learn that during his engagement with Cardozo, Mr. Trick, through an elaborate and intricate embezzlement scheme, had siphoned off substantial amounts of money from Cardozo; the scheme allowed the company to look profitable on its balance sheet, when in fact, the company was not solvent. Jake had no indication of this fraudulent activity at Cardozo, although he was somewhat suspicious when Mr. Trick consulted him for tax advice, including advice about tax shelters. Shortly thereafter, Jakes working papers were subpoenaed by the DOJ (Department of Justice), the SEC (Securities Exchange Commission), the IRS (Internal Revenue Service), as well as the Florida Department of Revenue and the Florida Attorney Generals Office. Cardozo has instructed Jake not to comply with any subpoenas issued by these governmental entities. When word of the embezzlement was made public, a group of disgruntled investors brought a class action lawsuit against Jake under Section 10(b) of the Securities Exchange Act of 1934 for the loss in the value of their stock. Did Jake aid and abet a securities fraud? Must Jake comply with the subpoenas? Is Jake liable for any amount of the embezzlement? Discuss.
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