Surrender of CPA license, via stipulated settlement.

Mr. Abernathy shall reimburse the CBA in the amount of $5,176 for its investigation and prosecution costs prior to the CBA’s consideration of a petition for reinstatement.

Effective September 1, 2012

Accusation No. AC-2012-31 alleges the following:

On or about February 17, 2011, a final judgment entered by the Securities and Exchange Commission (SEC) ordered Mr. Abernathy to pay disgorgement of $25,000, prejudgment interest of $1,592.26, and a civil penalty in the amount of $100,000. In addition, on or about March 3, 2011, the SEC issued an Order suspending Mr. Abernathy from appearing or practicing before the SEC as an accountant. After two years, Mr. Abernathy may request the SEC to consider reinstatement. The SEC complaint alleged that Mr. Abernathy, while employed at IndyMac Bancorp, Inc. as an executive vice president and chief financial officer, negligently made materially false and misleading statements in the offer and sale of six IndyMac mortgage-backed securities offerings regarding the quality of the residential mortgage loans underlying the offerings. The SEC complaint also alleged that Mr. Abernathy negligently made false and misleading statements regarding IndyMac's capital and liquidity position in its common stock prospectus filed on May 2, 2008. IndyMac filed for Chapter 7 bankruptcy on or about July 31, 2008.

Mr. Abernathy also failed to report his investigation by the SEC to the California Board of Accountancy within 30 days of notice, as required by Section 5063 of the Business and Professions Code.

Business and Professions Code, Division 3, Chapter 1, §§ 5063 (b)(3), 5100 (g), (h) and (l).

Related Documents:

Accusation and Decision

Revocation stayed, with three years' probation, via stipulated settlement.

Mr. Abreu's license is suspended for 60 days.

Mr. Abreu shall be permanently prohibited from performing audits. Probation on this condition shall continue until such time, if ever, Mr. Abreu successfully petitions the Board for the reinstatement of his ability of perform audits.

Mr. Abreu is required to reimburse the Board $5,538.70 for its investigation and prosecution costs.

Other standard terms of probation.

Effective April 29, 2007

Mr. Abreu was engaged to perform an audit of Western Sierra Medical for the year ended December 31, 2004. On July 8, 2005, Mr. Abreu issued the Independent Auditor's Report with an unqualified opinion, stating that he conducted his audit in accordance with generally accepted auditing standards.

Upon inspection of the entity's audited financial statements and Mr. Abreu's audit working papers, it was determined that Mr. Abreu had not performed the audit in accordance with professional standards. The audited financial statements contained significant inaccuracies and lacked adequate support. Mr. Abreu had no audit programs, no documentation that the audit had been adequately planned and did not obtain sufficient competent evidentiary matter.

Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, § 58.

Related Documents:

Accusation and Decision

Revocation stayed, with two years' probation, via stipulated settlement.

Mr. Adamic's license is suspended for 180 days.

Mr. Adamic shall maintain an active license status.

Mr. Adamic shall take and pass with a score of 90 percent or better a Board-approved ethics examination within the first six months of probation.

Mr. Adamic is required to reimburse the Board $5,152 for its investigation and prosecution costs.

Other standard terms of probation.

Effective June 17, 2007

Mr. Adamic's right to practice as an accountant before the Internal Revenue Service has been suspended indefinitely.

The Acting Director of the Office of Professional Responsibility, Internal Revenue Service, U.S. Treasury Department, accepted Mr. Adamic's offer of consent to suspension and imposed the suspension effective August 18, 2006. The circumstances leading to the imposition of the suspension involved alleged violations by Mr. Adamic of Section 10.51(f) of Circular 230.

Business and Professions Code, Division 3, Chapter 1, § 5100 (h).

Related Documents:

Accusation and Decision

Surrender of CPA certificate, via stipulated surrender.

Effective October 26, 2008

Amended Accusation No. AC-2009-3 contains allegations that Mr. Affonso while a tax partner at KPMG LLP participated in devising, marketing and implementing fraudulent tax shelters. The Accusation further alleges that Mr. Affonso participated in preparing and causing to be prepared, and filing and causing to be filed with the IRS, false and fraudulent U.S. individual income tax returns containing the fraudulent tax shelter losses.

Mr. Affonso denies each and every charge and each and every allegation contained within the Amended Accusation. For purposes of settlement however, as Respondent no longer wishes to practice as a Certified Public Accountant, Mr. Affonso has agreed to surrender his CPA Certificate No. 29994.

Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (g).

Related Documents:

Accusation and Decision

Revocation stayed with three years' probation, via stipulated settlement.

Mr. Agnor shall reimburse the CBA in the amount of $3,925.53 for its investigation and prosecution costs.

Mr. Agnor shall maintain an active license.

Other standard terms of probation.

Effective April 28, 2012

Mr. Agnor admits the truth of each and every charge and allegation in the First Amended Accusation No. AC-2011-9.

The First Amended Accusation No. AC-2011-09 alleges that on July 19, 2010, Mr. Agnor was convicted by plea of guilty to one count of indecent exposure resulting in a misdemeanor conviction, Mr. Agnor failed to report his conviction to the CBA, and on October 5, 2011, Mr. Agnor was convicted for reckless driving with measurable blood alcohol.

Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5063 (a) and 5100 (a).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate via Proposed Decision.

Effective October 29, 1997

Respondent committed acts of gross negligence in his performance of an audit and in his preparation of an audit report for a nonprofit organization for the year ended January 31, 1995.

Respondent violated the terms of his probation in that he failed to obey all Federal, state, and local laws, and to timely file quarterly reports.

Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100(c) and (f). California Code of Regulations, Title 16, Division 1, § 58.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective October 28, 1998

Reinstated October 17, 2000

On or about March 21, 1996, a Citation was issued to Mr. Alexander. He failed to comply with the Citation; consequently, his certification was subject to discipline for unprofessional conduct.

Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 95.4.

Related Documents:

Accusation and Decision

Revocation stayed with three years' probation, via stipulated settlement.

Respondent Domantay shall be permanently prohibited from performing attest engagements.

Respondent Domantay shall maintain a current license (either inactive or active "with education") with the CBA.

Respondent Domantay shall pay the CBA's costs for investigation and prosecution in the amount of $12,296.00.

Standard conditions of probation.

Effective May 5, 2010

Also See:

Domantay, Alejandro Doria

Respondents understand and agree that the charges and allegations in Accusation No. AC-2009-18, if proven at a hearing, constitute cause for imposing discipline.

Accusation No. AC-2009-18 includes charges of gross negligence and repeated negligent acts regarding Respondents' performance of an audit of the Los Angeles Alumni Chapter-Delta Sigma Theta Sorority, Inc. Head Start/Preschool (Delta Sigma Theta Sorority) that contained departures from Generally Accepted Auditing Standards and Generally Accepted Government Auditing Standards. Respondents issued an auditor's report that failed to conform to professional standards. The auditor's report stated an unqualified opinion with respect to the subject financial statements while required disclosures under Generally Accepted Accounting Principles were omitted for significant cash balances and property and equipment. Respondents' audit work papers failed to evidence that the procedures related to the 14 federal compliance requirements for the two major programs were in fact performed. Respondents failed to document and test internal control over compliance for the two major federal programs. Respondents failed to conduct a materiality determination or prepare a written audit program for the compliance portion of the Delta Sigma Theta Sorority's audit. The management letter obtained by Respondents failed to address the federal funds in that it did not address the federal awards programs, compliance with federal requirements, or identify known instances of noncompliance. In addition, Respondents did not have a peer review within three years of their audit of Delta Sigma Theta Sorority. Respondents used obsolete professional materials to perform their audit of Delta Sigma Theta Sorority. Respondents failed to maintain work papers relative to the Delta Sigma Theta Sorority audit for the required seven-year period.

Respondent Domantay failed to complete the necessary number of continuing education hours by January 31, 2004, during which Respondents conducted the Delta Sigma Theta Sorority audit. Respondent Partnership engaged in activities requiring licensure by the CBA after its license had expired on July 1, 2004.

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5062, 5097, 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 58, 87 and 94.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via stipulated settlement.

Effective August 29, 2003

Mr. Allan admits that he is subject to disciplinary action. On or about August 15, 2002, Mr. Allan was convicted in a jury trial, in the U.S. District Court, Northern District of California, of five felony counts, each substantially related to the practice of public accountancy.

The violations for which he was convicted were three violations of wire fraud and two violations of false statements to accountants.

Business and Professions Code, Division 3, Chapter 1, § 5100 (a).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via proposed decision.

Effective January 2, 1998

The cause for discipline resulted from Mr. Allen's failure to comply with probationary conditions. Effective September 6, 1995, Mr. Allen's license was revoked; revocation was stayed. His license was placed on probation for three years pursuant to a Stipulation in Settlement and Decision in which Mr. Allen admitted he was guilty of unprofessional conduct in the preparation of the financial statements, engaging in the practice of public accountancy without a valid license and practicing under an unregistered and unapproved fictitious business name.

Pursuant to the Stipulation, Mr. Allen's certificate became subject to conditions which required, among other requirements, that he submit quarterly written reports to the Board, and that he reimburse the Board for investigation and prosecution costs. Mr. Allen violated these terms by failing to submit quarterly probation reports to the Board in a timely manner and by failing to reimburse the Board for its investigation and prosecution costs.

Business and Professions Code, Division 3, Chapter 1, § 5100.

Related Documents:

Accusation and Decision

License revoked. However, the revocation of Respondent's license was stayed. Respondent was placed on three years probation, his license was suspended for 60 days, and he is required to have all financial statements reviewed by another CPA prior to release. Respondent is also required to complete 40 hours of additional continuing education, and pay cost recovery to the Board.

Effective September 6, 1995

In May and June of 1990, Respondent prepared financial statements for a client based solely on figures given to him by the client and without examining any source material. This act is a violation of Business and Professions Code section 5100 (c). Respondent committed other violations of Section 5100 (c) by issuing financial statements which omitted substantially all disclosures required by generally accepted accounting principles.

Respondent also practiced with an expired license between September 1998 and September 1991.

Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) (h) (f), 5050, 5055. California Code of Regulations, Title 16, Division 1, § 67.

Related Documents:

Accusation and Decision

Surrender of License. Via stipulation, Respondent neither admits nor denies the allegations but has agreed to surrender of his license and reimbursement to the Board for investigation and prosecution costs.

Effective December 29, 1995

Respondent was previously disciplined, effective November 28, 1991, for violation of Business and Professions Code § 5100(c). License was revoked, revocation was stayed, and Respondent was placed on three (3) years' probation with terms and conditions. Petition to revoke probation, No. D1-90-585, charged Respondent for having violated a term of his probation when he failed to obey the rules relating to the practice of public accountancy. Specifically, Respondent was charged with having performed an audit of financial statements and prepared a report during 1992 which was an extreme departure from the standards of practice of public accountancy in California.

Revocation stayed with three years' probation, via stipulated settlement.

Respondents shall maintain an active license status.

Mr. Anderson shall complete, with a score of 90 percent or better, an approved ethics course.

Mr. Anderson shall complete and provide proper documentation of 24 hours of continuing education courses as directed by the CBA. These courses are in addition to the courses necessary for license renewal.

Mr. Anderson is required to reimburse the Board $8,691.50 for its investigation and prosecution costs.

Other standard terms and conditions.

Effective February 28, 2010

Also See:

Chuck Anderson, CPA, Inc.

Respondents admit the charges in the CBA's Accusation AC-2009-4. Respondents committed gross negligence and dishonest acts in the preparation of a federal income tax return, breached their fiduciary responsibility to their client and knowingly prepared a materially misleading tax return.

Respondents prepared the 2006 Corporation return, Form 1120, for a Corporation on behalf of a client with an unsupported revenue decrease of $20,000. The client, the Corporation's only shareholder, had no knowledge or understanding of Respondents' adjustment. The $20,000 adjustment to decrease revenue in the Form 1120 prepared by Respondents conflicts with financial statements originally prepared by Respondents. Financial statements prepared by Respondents reflected distributions to the shareholder while the Corporation's tax return indicated that no distributions were made. Respondents knew, or should have known, the corporate tax return should have reported dividend distributions and that a Form 1099-DIV was required to report the distributions to the shareholder.

Further, Mr. Anderson failed to complete eight (8) hours of fraud-related continuing education during his last renewal period which ended July 31, 2006.

Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 (c), (g), (i), and (j). California Code of Regulations, Title 16, Division 1, § 58 and 87.

Related Documents:

Accusation and Decision

License revoked by default decision.

Effective September 6, 1995

Respondent retained tax records belonging to several clients and failed to return them upon demand. He also breached his fiduciary duty to his clients when he failed to timely prepare their tax returns as promised.

In addition, Respondent was practicing public accountancy during April 1, 1993, through April 12, 1994, with an expired license.

Business and Professions Code, Division 3, Chapter 1, §§ 5100(f), (h) and 5055. California Code of Regulations, Title 16, Division 1, § 68.

Related Documents:

Accusation and Decision

Revocation of CPA license, via default decision.

Effective June 28, 2012

Accusation No. AC-2012-6 contains the following allegations:

Mr. Anson was convicted of a crime substantially related to the qualifications, functions and duties of a certified public accountant. On or about November 16, 2009, in a criminal proceeding entitled United States of America v. Ronald Irving Anson in the United States District Court for the Central District of California, Case Number CR08-00575, Mr. Anson was convicted by plea of guilty of violating Title 18 of United States Code (USC), Section 371, for conspiracy to defraud the United States, by impeding, impairing, obstructing, and defeating the lawful government functions of the Internal Revenue Service in the ascertainment, computation, assessment, and collection of income taxes.

From December 1998 through December 2002, Mr. Anson sold eight clients a partnership interest in a hotel partnership that would generate a tax loss equal to five times the client's investment. Mr. Anson knew most of the clients had full-time jobs or ran businesses that precluded them from spending enough time to qualify as material participants in a hotel partnership. All of the clients' tax returns were prepared by Mr. Anson or under his direction. Mr. Anson conspired and agreed with others to mislead tax authorities during examination of Mr. Anson's clients' tax returns who falsely claimed the hotel tax losses as active losses. Total tax loss to the government was approximately $9 million.

Mr. Anson also failed to report his November 16, 2009 conviction to the CBA within 30 days after it was entered by his plea made that same date, as required by Section 5063 of the Business and Professions Code.

Business and Professions Code, Division 1.5, Chapter, 3, § 490; Division 3, Chapter 1, §§ 5100(a) and 5063(a)(1)(A-C).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective June 15, 1997

Reinstated March 3, 2000

On or about March 11, 1996, a citation was issued to Respondent. Respondent failed to comply with the citation. As a result, Respondent was subject to discipline for unprofessional conduct in violation of Board Rule 95 et. seq. in conjunction with Business and Professions Code §5100(f).

Business and Professions Code, Division 3, Chapter 1, § 5100(f). California Code of Regulations, Title 16, Division 1, § 95.4.

Related Documents:

Accusation and Decision

Revocation stayed with three years' probation, via stipulated settlement.

Both Mr. Ibarra Sr. and Mr. Ibarra Jr. shall each maintain an active license status.

All respondents shall be subject to supervised practice for all audits and reviews.

All respondents shall use and maintain published materials and/or checklists consistent with the practice.

Mr. Ibarra Sr. shall complete and provide proper documentation of 16 hours of continuing education courses in accounting and auditing subjects. The 16 hours of continuing education are in addition to the hours required for license renewal.

All respondents are required to reimburse the Board $10,205.58 for its investigation and prosecution costs.

Other standard terms and conditions.

Effective December 26, 2008

Also See:

Ibarra, Jr., Armando

Ibarra, Sr., Armando C.

The respondents admit that on or about December 19, 2006, the Public Company Accounting Oversight Board (PCAOB) revoked Armando C. Ibarra, CPA, A Professional Corporation's registration with the PCAOB and that the PCAOB ordered that Mr. Ibarra Sr. and Mr. Ibarra Jr. were barred from being an associated person of a registered public accounting firm.

The respondents also admit that they failed to disclose reportable events to the Board with regard to the PCAOB's investigation and order.

Mr. Ibarra Sr. further admits that he failed to complete continuing education requirements and failed to retain continuing education certificates with regard to his renewal application for the period April 1, 2005 to March 31, 2007.

Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (g), (h), (l), and 5156. California Code of Regulations, Title 16, Division 1, §§ 59, 87 and 89.

Related Documents:

Accusation and Decision

Revocation of PAR Certificate, via default decision.

Effective September 23, 2002

On August 16, 2002, an accusation was filed by the California Board of Accountancy against Arthur Andersen LLP. The accusation was based on the outcome in proceedings before the Texas State Office of Administrative Hearings titled "Texas State Board of Public Accountancy v. Arthur Andersen LLP." By agreed consent order, Arthur Andersen LLP's license to practice public accountancy within Texas was revoked. The circumstances of the above-entitled matter relate to Arthur Andersen LLP's conduct in connection with its Enron Corporation engagements and the related criminal proceeding against Arthur Andersen LLP resulting in a June 15, 2002, jury verdict of guilty against Arthur Andersen LLP in the United States District Court for the Southern District of Texas-Houston Division for felony obstruction of justice.

Business and Professions Code, Division 3, Chapter 1, § 5100 (d).

Related Documents:

Accusation and Decision

Revocation stayed with five years' probation, via stipulated settlement.

Mr. Azavedo's license is suspended for one year.

Mr. Azavedo shall maintain an active license even during the period of suspension.

Mr. Azavedo shall be prohibited from performing any audit engagements during his term of probation.

Mr. Azavedo shall take and pass with a score of 90 percent or better a Board-approved ethics exam within 180 days of the effective date of the order.

Mr. Azavedo is required to reimburse the Board $11,247.81 for its investigation and prosecution costs.

Other standard terms of probation.

Effective June 16, 2008

For previous violations of the Accountancy Act and Board regulations, Mr. Azavedo's permit to practice public accountancy was revoked; however, the revocation was stayed and a term of five years of probation was imposed. The discipline imposed included a 60-day period of suspension effective on July 1, 2006.

Mr. Azavedo admits that he did not comply with the terms of his probation including the continued practice of public accountancy during the period of suspension by using the CPA designation on accountant's compilation reports, on correspondence, and in preparation of corporation and payroll tax returns.

Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g).

Related Documents:

Accusation and Decision