The Eighth Circuit Court of Appeals ruled an auditor has a duty to demand note holders to disclose the true financial condition of its client.
The Farmer's Cooperative of Arkansas and Oklahoma purchased a gasohol plant previously run by the co-op's general manager. The manager had obtained loans from the co-op of approximately $4 million to built the plant. the co-op purchased the plant after the general manager and the co-op's accountant were indicted for tax fraud.
The co-op retained Arthur Young & Company to perform its 1981 audit. Young concluded the co-op should be constructed as owner of the plant from its inception, and therefore the plant could be alued at its $4.5 million fixed asset value. If Young had viewed this transaction as a purchase instead of as original ownership by the co-op, its value would have been fair market value--considerably lower than fixed asset value.
Significantly, had Young valued the plant at less than $1.5 million, the o-op's net worth would have been negative. Young did not inform the client of its decision to value the plant as a fixed asset instead of at market value. The co-op distributed to its creditors summary financial statements, which reported the plant as a $4.5 million asset...