Disciplinary Actions / License Restrictions
This list contains all enforcement decisions within the past seven years for those found to be in violation of the California Accountancy Act and/or California Board of Accountancy regulations: summaries for all licensees with license restrictions; and summaries of decisions older than seven years but occurring since July 1, 1993, for licenses revoked or surrendered.
The CBA may revoke or suspend a license, or impose probation on the licensee for violation of applicable statutes or regulations. The standard probationary terms, as well as case-specific probationary terms, are included in all cases of probation. The standard probationary terms are listed in the Manual of Disciplinary Guidelines and Model Disciplinary Orders.
For more information or details of prior enforcement actions, or for information regarding possible citations and fines, please contact the CBA at:
California Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
Attn: Enforcement Division
E-mail: enforcementinfo@cba.ca.gov
Telephone: (916) 561-1729
FAX: (916) 263-3673
Disciplinary Actions / License Restrictions Index
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Omead, Cyrus North Hollywood CA CPA 46776
CBA Actions
Revocation stayed with three additional years' probation beyond the termination of the probationary period presently in effect, via proposed decision.
Probation terms include the following:
30-day suspension.
Successful completion of the auditing section of the CPA examination before the end of Respondent's initial period of probation.
Submission of all work papers and draft reports relative to any audit engagement to an outside CPA for review for a period of six months after completing the auditing portion of the CPA examination.
Completion of 40 hours of CPE as specified by the Board or its designees part of regular 80-hour CPE requirements. Reimbursement of the Board's initial investigative and prosecution costs.
Other standard terms and conditions.
Effective October 24, 1999
Cause For Discipline
While on probation, Respondent violated the terms of his probation by failing to file timely quarterly reports and make monthly cost reimbursement payments.
Violation(s) Charged
Omead, Cyrus North Hollywood CA CPA 46776
CBA Actions
Revocation stayed, three years' probation, via stipulated settlement and proposed decision.
Stipulated decision terms: Respondent shall take and pass the auditing section of the California CPA Examination before the end of probation. Respondent may not perform any audits until he passes the Auditing section of the CPA Examination. Respondent shall submit all work papers and draft reports relative to any audit engagement to an outside CPA for review for a period of six months after completing the Auditing section of the CPA Examination. Respondent shall complete 40 hours of continuing professional education (CPE) as directed by the Board or its designee as part of normal CPE requirements.
Proposed decision terms: Respondent shall reimburse the Board for investigative and prosecution costs. Other standard terms of probation.
Effective October 29, 1997
Cause For Discipline
For purposes of settlement, Respondent admits to the allegations contained in the Accusation, and agrees to the discipline proposed. However, Respondent requested a hearing on the appropriateness of the costs incurred by the Board in connection with its investigation.
The Accusation included allegations that Respondent performed audits of a pension plan and of a profit sharing plan for the years ended December 31, 1990, and 1991; the audits contained extreme departures from Generally Accepted Auditing Standards as follows: Failed to document proper planning and supervision; failed to document his understanding of the internal control structure; failed to obtain sufficient competent evidential matter; failed to obtain client representation letters; failed to obtain attorney's letters; Respondent also issued compilation reports for two clients that failed to disclose that substantially all disclosures required under Generally Accepted Accounting Principles were omitted, and did not indicate the degree of responsibility, if any, Respondent took for the supplemental information contained therein.
In addition, Respondent deducted both an Individual Retirement Account and a Keogh Plan contribution for a client's 1988 and 1989 federal and California tax returns in violation of Internal Revenue Code Section 216(g).
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062 and 5100 (c). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Omead, Cyrus North Hollywood CA CPA 46776
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective February 24, 2005
Cause For Discipline
Mr. Omead failed to pass the audit section of the CPA examination in accordance with the terms of his probation.
Violation(s) Charged
Ong, Kenneth Rosemead CA CPA 34787
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 27, 1997
Reinstated May 2, 1999
Cause For Discipline
Respondent prepared false 1991 and 1992 personal income tax returns in an effort to enhance his credit worthiness. The false income tax returns were provided to a lending institution for the purpose of obtaining a personal home mortgage. The lending institution attempted to verify the figures on the returns with the Internal Revenue Service, (IRS). The returns filed with the IRS contained income figures that were substantially less than those presented by Respondent. Additionally, Respondent admitted during an Administrative Committee Investigative Hearing that he routinely issues compiled financial statements without the required compilation report. The Board has obtained evidence from Respondent in the form of one such financial statement.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, and 5100 (i). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Ozenbaugh, Donald W., Jr. Salinas CA CPA 21061
CBA Actions
Revocation of CPA and COR Certificates, via stipulated settlement.
Should Respondents seek reissuance of the licenses, they shall reimburse the Board for investigative and prosecution costs.
Effective October 30, 1998
Also See:
Cause For Discipline
Respondent, Donald W. Ozenbaugh, Jr. admits he was convicted of a crime substantially related to the practice of public accountancy, and that he failed to report the conviction to the Board. On November 12, 1997, he was convicted by a plea of no contest on two counts of bank fraud, violating California Penal Code §§ 487 (a), 532 (a), and 12022.6 (b) (grand theft by false pretenses/excessive taking), felonies.
Mr. Ozenbaugh was suspended from filing applications for low-income housing credits before the Office of the State Treasurer's California Tax Credit Allocation Committee for a period of one year. This action was a result of Respondents preparing and submitting applications for low-income housing credits totaling $1,031,344. The applications were based on false rent surveys and other housing information, which Respondents knew or should have known to be false.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a), (f), (g) and (i).
Related Documents:
Ozenbaugh Accountancy Corporation Salinas CA COR 1310
CBA Actions
Revocation of CPA and COR Certificates, via stipulated settlement.
Should Respondents seek reissuance of the licenses, they shall reimburse the Board for investigative and prosecution costs.
Effective October 30, 1998
Also See:
Cause For Discipline
Respondent, Donald W. Ozenbaugh, Jr. admits he was convicted of a crime substantially related to the practice of public accountancy, and that he failed to report the conviction to the Board. On November 12, 1997, he was convicted by a plea of no contest on two counts of bank fraud, violating California Penal Code §§ 487 (a), 532 (a), and 12022.6 (b) (grand theft by false pretenses/excessive taking), felonies.
Mr. Ozenbaugh was suspended from filing applications for low-income housing credits before the Office of the State Treasurer's California Tax Credit Allocation Committee for a period of one year. This action was a result of Respondents preparing and submitting applications for low-income housing credits totaling $1,031,344. The applications were based on false rent surveys and other housing information, which Respondents knew or should have known to be false.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a), (f), (g) and (i).
Related Documents:
Enforcement Definitions
A formal document that charges violation(s) of the laws under CBA's jurisdiction including, the California Accountancy Act and/or CBA regulations by a licensee. The charges in the accusation are allegations. Allegations are not a final determination of wrongdoing and are subject to adjudication and final review by the CBA pursuant to the Administrative Procedure Act.
Cost Recovery
The licensee is ordered to pay the CBA certain costs of investigation and prosecution including, but not limited to, attorney fees.
Default Decision
The licensee failed to file a Notice of Defense or has otherwise failed to request a hearing, object, or otherwise contest the accusation. The CBA takes action without a hearing based on the accusation and documentary evidence on file.
Effective Date
The date the disciplinary decision becomes operative.
Probation
The licensee may continue to engage in activities for which licensure is required, under specific terms and conditions.
Reinstatement
A revoked license that is restored, not sooner than one year from the date of revocation, to a clear or inactive status after petition to and approval by the CBA. Reinstatement may include probation and/or terms and conditions.
Revocation
The individual, partnership, or corporation no longer is licensed as a result of a disciplinary action.
Stayed
The action does not immediately take place and may not take place if the licensee complies with other conditions (such as a probation term).
Stipulation
The matter is negotiated and settled without going to hearing.
Surrendered
The licensee has surrendered the license. The individual, partnership, or corporation no longer is licensed. The CBA, however, may impose discipline against a surrendered license in certain circumstances. Surrender may also require certain conditions be met should the former licensee ever choose to reapply for licensure.
Suspension
The licensee is prohibited for a specific period of time from engaging in activities for which licensure is required.
Disclaimer for Disciplinary Actions/License Restrictions Summary
The reports contained as part of this website represent summaries of those formal disciplinary orders issued by the Department of Consumer Affairs (Department) and its participating programs, boards, committees, and commissions, imposing suspension, revocation or other discipline. Enforcement proceedings that are resolved by dismissal of the accusation or otherwise result in no actual discipline of a license are not reported at this website.
Summary information on recent orders is prepared approximately thirty (30) days after the final decision date of an enforcement case. Therefore, although this website may presently lack any such report, some licensees will actually be named in accusations, or be subject to disciplinary orders. The lack of a summary for a particular licensed person does not mean that the licensee has never been the subject of an accusation or administrative discipline.
The brief summaries offered at this website are not intended as substitutes for the actual decisions and orders issued by the Department and its participating programs, boards, committees and commissions. Copies of those decisions and orders are available at no cost by writing to the designated address for each program or board.
Also, the actions reported here may not be final and may not reflect any judicial action to stay or modify the administrative order. You should not take any action based on information contained in these summaries without verifying the information and determining whether the administrative order has been stayed or modified by a court.
As used in this summary, the term "accusation" is a formal document which notifies a licensee of the agency's charges against the licensee, and that requests a disciplinary order. The licensee is entitled to contest the charges in a formal hearing before an administrative law judge. An accusation is usually resolved by an agency decision following such a hearing or by an agency decision pursuant to a settlement agreement. Often there is a considerable period of time between the date of filing an accusation and the resolution of the accusation.
The term "suspended" means that the licensee is prohibited for a period of time from engaging in activities for which licensure is required, usually for a specified number of days or months. A suspension will usually be imposed in conjunction with a lengthy period of probation of one or more years.
The term "revoked" means that the individual, partnership, or corporation is no longer licensed as a result of an enforcement action. Revocation is not necessarily permanent. The revoked licensee has the right, one year or more after the revocation, to petition the California Board of Accountancy for reinstatement. Reinstatement of the revoked license must be approved by the CBA and may include probation and/or terms and conditions.
For a copy of these actions, please contact the CBA by mail, e-mail, telephone, or fax as listed below:
California Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
Attn: Enforcement Division
E-mail: enforcementinfo@cba.ca.gov
Telephone: (916) 561-1729
FAX: (916) 263-3673