View all text of Subpart B [§ 1773.3 - § 1773.19]
§ 1773.9 - Disclosure of fraud, and noncompliance with provisions of law, regulations, contracts, and grant agreements.
(a) In accordance with GAGAS, the auditor is responsible for planning and performing the audit to provide reasonable assurance about whether the financial statements are free of material misstatement due to error or fraud. The auditor must also plan the audit to provide reasonable assurance of detecting material misstatements resulting from violations of provisions of laws, regulations, contracts, or grant agreements that could have a direct and material effect on the financial statements.
(b) If specific information comes to the auditor's attention that provides evidence concerning the existence of possible violations of provisions of laws, regulations, contracts, or grant agreements that could have a material indirect effect on the financial statements, the auditor should apply audit procedures specifically directed to ascertaining whether a violation of provisions of laws, regulations, contracts, or grant agreements has occurred.
(c) Pursuant to the terms of its audit engagement letter with the auditee, the auditor must immediately report, in writing via email, all instances of fraud, illegal acts, and all indications or instances of noncompliance with laws, whether material or not, to:
(1) The president of the auditee's governance board;
(2) RUS; and
(3) OIG, as follows:
(i) For all audits performed in accordance with § 1773.3(d) (audits conducted in accordance with 2 CFR part 200), report to the USDA-OIG-Audit, National Single Audit Coordinator for USDA, 1400 Independence Ave. SW, Ste. 419, Washington, DC 20250, email: [email protected], or online at: http://usdaoig.oversight.gov.
(ii) For all other audits conducted in accordance with § 1773.3 report to the USDA Office of Inspector General online at: https://usdaoig.overight.gov. If you need to provide any documents concerning your complaint, please fax to (202) 690-2474 or mail to USDA, OIG Hotline, P.O. Box 23399, Washington, DC 20026-3399, or alternately by telephone (800) 424-9121. Please note on your documents that you submitted your complaint online or by telephone.