EXPLORING CAUSES OF ACTION

EXPLORING CAUSES OF ACTION
ACCT 564: Practicum in Forensics (S.13)(rev.130130)

Forensic Accountants and investigators are often required to perform analyses, gather facts, or prepare reports relating
to disputes, civil legal matters and even criminal matters. While technical interpretation of law is fundamentally the
role of attorneys, forensic professionals should also be familiar with the structure and organization of law and practices
of the legal system. In this exercise – you are to answer the questions based on your own research – using any tools you
choose. You need not provide specific citations (although it doesn’t hurt) where you might have some uncertainty as to
the proper answer.
1. What are the elements that must be proven to prevail on a claim of “Insider Trading” under
the Securities and Exchange Acts?
2. What challenges do you see in proving a claim for Insider Trading?
3. What are the elements of a violation under the “Stark Law” prohibiting certain patient
referrals by physicians?
4. What are the elements of a violation under the “Anti-kickback Statute” applying to
Physicians under The Medicare and Medicaid Patient Protection Act of 1987.
5. What is the practical impact of “strict liability” as it relates to proving a violation? (I.e. – how
does the requirement for making a case differ from ordinary fraud type liability?)
6. What are the prerequisites for certification of a class (as in “Class-Action” status) under the
Federal system? (In other words – what do you have to show in order to be granted class
status)
7. Under the U.S. Bankruptcy Code – what must be proven to set aside a transfer as a
preference?
8. Under the U.S. Bankruptcy Code – what must be proven to set aside a transfer as a
fraudulent conveyance (a.k.a. fraudulent transfer)?
9. Under Texas Law – what elements must be proven to successfully prosecute a public official
(Judge, Mayor, Legislator, etc.) with bribery?
10. Name and briefly describe 3 fiduciary duties that Partners in a partnership owe each other
(assuming they have not been waived or altered by the Partnership Agreement)

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