In a recent statement, Paul Munter, the chief accountant of the United States Securities and Exchange Commission (SEC), has raised concerns about accounting firms working with crypto firms. He warns that misrepresenting findings could lead to serious consequences and legal liabilities.
According to Munter, some crypto firms engage accountants to review certain aspects of their business and then present this work as if it were a full financial statement audit. This misleading practice can have severe repercussions for both accounting firms and their clients.
Under the Securities Exchange Act of 1934, accounting firms have a legal obligation to detect and report any illegal activities to the SEC. If they fail to do so, they may violate the law and face censure or suspension. This responsibility also extends to individuals within the firms.
Munter advises accounting firms to be diligent during the client onboarding process and to include contractual prohibitions on specific language to avoid misrepresentation.
The independence of accounting firms is crucial, and any appearance of a conflict of interest in their public statements could lead to suspension from working with the SEC.
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The SEC, despite its crucial role in regulating financial markets, can’t scrutinize every financial statement. As a result, it heavily relies on accountants to ensure corporate compliance with federal securities laws. In 2022, the SEC’s Staff Accounting Bulletin 121 addressed third-party disclosures, but it faced criticism for its approach.