Last week, the U.S. Securities and Exchange Commission (SEC) charged Bernard Madoff’s accountant, David G. Friehling (Friehling) and his firm, Friehling & Horowitz, CPAs, P.C. (F&H), with securities fraud. According to the SEC’s complaint:
From 1991 through 2008, [Friehling and F&H] purported to audit financial statements and disclosures of Bernard L. Madoff Investment Securities LLC (BMIS). . . . In fact, according to the SEC, Friehling and F&H did not perform a meaningful audit of BMIS, and did not perform procedures to confirm that the securities BMIS purportedly held on behalf of its customers even existed.
Instead, the SEC alleges that Friehling merely pretended to conduct minimal audit procedures of certain accounts to make it seem like he was conducting an audit, and then failed to document his purported findings and conclusions as required under Generally Accepted Auditing Standards. If properly stated, those financial statements, along with BMIS related disclosures regarding reserve requirements, would have shown that BMIS owed tens of billions of dollars in additional liabilities to its customers and was therefore insolvent.
How many of Madoff’s victims took comfort in the supposedly audited financial statements from Madoff’s accountant? How many victims of all kinds of financial frauds do likewise?
It is not at all unusual for fraud operators to partner with accountants who are willing to certify the numbers involved. If they can’t find an accountant willing to do so, the operator will just invent an auditor out of whole cloth. He’ll incorporate the phony accounting firm, rent office space, and even install a cohort in the office to play the role of auditor.
How will you know if the auditor is legitimate? You won’t. An investor protection company, though, has the resources to look behind the facade. Hire professional help or risk seeing your nest egg lost to a well-disguised scam.