GUILTY or NOT?

GUILTY or NOT? / Case library / Conspiracy & Accomplice Liability

The Auditors' Footnote

United States v. Simon (1969)

Charge: Conspiracy and mail fraud from certifying false and misleading financial statements Jurisdiction: New York · Federal Heard on GUILTY or NOT?: 27 October 2026

Whether auditors who followed accepted accounting practice answer for fraud when the statements they certified hid how a large debt was secured.

The facts

The Defendants were certified public accountants who audited a vending-machine company. The company had lent large sums to an affiliated firm controlled by the company's own president, who funneled the money to himself. By the time of the audit, that receivable was propped up by collateral consisting largely of the company's own stock and subject to prior liens — collateral of dubious worth. The Defendants certified the financial statements without disclosing these facts clearly. They argued they had followed generally accepted accounting principles and that no professional standard specifically required the disclosure. The Prosecution said the statements were materially misleading and the auditors knew it.

You have the facts the court had. Did the prosecution prove it? Render your verdict in the game, then see what the court actually decided — and why.

Citation: United States v. Simon, 425 F.2d 796 (2d Cir. 1969)

Read the full decision at law.justia.com. The source reveals the outcome.