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The FSS report, which was commissioned by Alabama Gov. Robert Bentley, plays a role in Clemon's decision to resign, according to the letter. A preliminary FSS report on ASU made public last year by the governor's office made allegations of potential waste, abuse, or fraud at the university, and recommended deeper investigation.
FSS's preliminary report which was not a final finding and a grand jury investigation at ASU caused the university's regular CPA auditors, Warren Averett, to release a "qualified opinion" in its Harden V1 Gila Monster 2011 2012 audit, Adidas Duramo Black Leather
"Under these circumstances, we are compelled to termination [sic] our representation of ASU on FSS related matters," he continued.
Clemon cited the university leadership's Adidas Eqt Support Adv Black Sub Green
When Warren Averett indicated that it intended to issue another qualified report on the same basis for the 2012 2013 year, Adidas High Tops Infants
"The firm agreed to audit the records of ASU for compliance with government auditing standards ("GAS"); and that if the records were GAS compliant, it would issue an unqualified opinion despite the non final FSS forensic audit and the grand jury investigations," Clemon writes.
In accounting, an unqualified opinion is essentially a clean bill of health a clean audit with no caveats. A qualified opinion, on the other hand, has at least one caveat. A qualified opinion can signal that there are accounting problems or other problems at the government agency, and can result in the downgrading of the agency's bonds.
The college's leadership President Gwendolyn Boyd, board of trustees chair Elton Dean, and board member Alfreda Green rejected Clemon's recommendation and retained Warren Averett.
Clemon's resignation was announced Wednesday by ASU.
ASU ignored advice to choose new accounting firm to audit university
"Although Warren Averett made no material adverse findings for the year 2011 2012, it issued a qualified opinion based solely on FSS's failure to issue a final report and the grand jury investigations," Clemon wrote.
Clemon, an attorney at the Birmingham law firm White Arnold Dowd, PC, and a former federal judge, represented the university in matters regarding an investigation of ASU by Forensic Strategic Solutions, Inc. (FSS), and in a lawsuit accusing FSS of preparing a "false and misleading" report about the college.
Clemon writes that he suggested ASU instead hire "a reputable out of state CPA firm" that would not take the grand jury or FSS's preliminary report into consideration.
rejection of his advice to hire an accounting firm that could have given the university a more favorable audit result.
In the letter, Clemon also noted in bolded text, with footnotes that "not a single indictment against ASU, or, indeed, any of its officials, has been returned" during the grand jury investigations.
"While we respect ASU's right to reject the advice of its retained attorneys, we are much concerned that the rejection of our recommendation has directly resulted in the further downgrading of ASU's bonds and related problems," Clemon says.
According to Clemon's letter, he recommended that ASU hire a new accounting firm that would not take the FSS preliminary report into account when issuing its auditor's opinion on the university's financial health and practices, but the ASU leadership rejected his recommendation.
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