Revocation of CPA Certificate, via stipulated settlement.

Mr. Wachtel is ordered to pay the Board its reasonable costs of investigation and prosecution should the Board reinstate his certificate in the future.

Effective October 26, 2008

Mr. Wachtel served as the Controller of NextCard, Inc. from 1998 to 2003. The Securities and Exchange Commission (SEC) filed a civil suit in September 2004 in the Federal District Court, Northern District of California, entitled Securities and Exchange Commission v. Jeremy R. Lent, John V. Hashman, Yinzi Cai, Douglas Wachtel and Bruce Rigione, Defendents (Case No. C-04-4088-CW).

The SEC's Complaint alleged that Mr. Wachtel and the other defendents, all former officers of NextCard, engaged in a fraudulent scheme which resulted in NextCard filing materially false and misleading financial statements in the company's annual report on Form 10-K for the fiscal year ended December 31, 2000, and in the company's quarterly reports on Form 10-Q for the first two quarters of fiscal year 2001. The Complaint alleged that Wachtel and the other defendants failed to disclose several changes in NextCard's accounting policies, including: (1) the reclassification of certain credit losses as fraud losses; and (2) changes in NextCard's policy for calculating its loan loss reserve. According to the Complaint, as a result of these undisclosed accounting policy changes, investors were misled and denied material information concerning the rising levels of losses on NextCard's credit card portfolio.

Mr. Wachtel consented to the entry, on October 26, 2006, of a Final Judgment, in which he, without admitting or denying the allegations of the Complaint, agreed to the imposition of a permanent injunction for violating sections of the Securities Act and the Exchange Act; his disgorgement of $21,000, representing his sale of NextCard common stock, together with prejudgment interest in the amount of $1,223; and payment of civil penalties in the amount of $71,000. Mr. Wachtel was also prohibited for five years from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act.

A second SEC proceeding, an administrative proceeding captioned In the Matter of Douglas Wachtel (CPA), Respondent, Exchange Act Re. No. 55133, was resolved on January 19, 2007, by the issuance of an Order Instituting Administrative Proceedings Pursuant to Rule 109(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions against Mr. Wachtel. Mr. Wachtel consented to the entry of the SEC's order suspending him from appearing or practicing before the SEC as an accountant. The Order provides that Mr. Wachtel may request that the SEC consider his reinstatement after 5 years from the date of the Order, that is, after January 19, 2012.

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

Related Documents:

Accusation and Decision

Surrender of CPA certificate, via stipulated settlement.

Mr. Waggle is required to reimburse the Board $10,853 for its investigation and prosecution costs prior to the issuance of a new or reinstated license.

Effective February 25, 2007

Mr. Waggle surrenders his CPA certificate and agrees that the Board could establish a factual basis for the charges in the accusation and that those charges, if proven, would constitute cause for discipline of his certified public accountant certificate.

The Board's accusation charges Mr. Waggle with four causes for discipline based on Mr. Waggle's actions as the accountant for Sunstar Investments, Inc.

The charges alleged from Mr. Waggle's actions included dishonesty, preparation of false financial information, embezzlement of funds, and fiscal dishonesty based on Mr. Waggle's misappropriation of funds for his personal use and concealment of his actions by falsifying the company's records.

Business and Professions Code, Division 3, Chapter 1, § 5100 (c), (i), (j), and (k).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via stipulated decision.

Effective November 5, 2001

Respondent admits the truth of the allegations set forth in the Accusation.

As CEO, President, and Board member of Unison HealthCare Corporation, Respondent falsified financial information and reported the same to the Securities and Exchange Commission (SEC) for the second and third quarters of 1996.

As a result of the above actions, Respondent was denied the privilege of appearing or practicing before the SEC as an accountant for a period of five years, and he failed to report this to the Board as required.

Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100, 5100(f), (g), and (i).

Related Documents:

Accusation and Decision

Revocation stayed, with five years' probation, via Stipulated Settlement.

Ms. Walker shall make a full and complete disclosure to her current employer regarding the facts and circumstances giving rise to her conviction and the relief granted her under Penal Code Section 1203.4 and 1203.4(a). During her probationary period, such disclosures shall carry forward to any other employers of Ms. Walker's. Ms. Walker shall provide written confirmation to the Board that she has advised her employer(s) of her conviction.

Other standard terms of probation.

Effective October 18, 2007

Ms. Walker completed an application for licensure on December 27, 2005. Ms. Walker disclosed with her application that she had been convicted of a crime. The crime was substantially related to the qualifications, functions, and duties of a certified public accountant.

On June 14, 2002, in a criminal proceeding entitled People v. Marni Lee Walker, in Orange County Superior Court, Case Number 02SF0215, Ms. Walker was convicted by a plea of guilty of violating Penal Code Section 470(a), forgery of a check, a misdemeanor. The factual basis for the conviction is that on October 9, 2001, while employed as a bookkeeper with a certified public accounting firm, Ms. Walker forged the name of the accounting firm's client upon a check for his account in the sum of $15,000 with the intent to defraud.

On June 14, 2002, Ms. Walker was sentenced to formal probation for three years. On December 1, 2004, Ms. Walker's probation was modified to informal for the balance of its term. On August 30, 2005, Ms. Walker's petition for relief under Penal Code Section 1203.4 was granted, and her June 14, 2002, guilty plea was set aside and the case against her was dismissed.

However, her conviction and all other documents on file in Orange County Superior Court Case Number 02SF0215 remain matters of public record.

Business and Professions Code, Division 3, Chapter 1, §§ 475, 480, and 480 (a)(2), (a)(3), and 5110 (a)(4).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective February 24, 2005

Mr. Walsh prepared and issued an audit report during a period in which his CPA license was expired.

Mr. Walsh did not respond to Board inquiries, written and telephonic, and Mr. Walsh failed to comply with the Board's duty issued investigatory subpoena.

Mr. Walsh has not notified the Board in writing of the change in his address of record.

Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 3 and 52.

Related Documents:

Accusation and Decision

License revoked by default decision.

Effective August 6, 1995

During the period September 1, 1991, to at least in or about 1993, Respondent is alleged to have practiced public accountancy with an expired license. Further, it is alleged that in or about 1993, Respondent failed to perform work for many of his clients and failed to return the clients' records. Respondent did not file a notice of defense.

Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (f), (h), 5050, 5037, and 5055. California Code of Regulations, Title 16, Division 1, §§ 68 and 94.

Related Documents:

Accusation and Decision

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

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

Mr. Warren shall at all times maintain an active license status.

Mr. Warren is required to reimburse the CBA $9,700.05 for its investigation and prosecution costs.

Other standard terms of probation.

Effective August 27, 2011

Mr. Warren admits the truth of each and every charge and allegation in Accusation No. AC-2010-21.

Accusation No. AC-2010-21 alleges that in 2004, Mr. Warren subjected himself to discipline for knowingly preparing, publicizing, or disseminating false, fraudulent, or materially misleading financial statements, reports or other information in connection with his and his wife's 2004 personal petition for bankruptcy. The bankruptcy court issued a judgment denying Mr. Warren and his wife's discharge in bankruptcy because the Court found Mr. Warren and his wife had transferred and concealed property to "hinder, delay or defraud" creditors. The court also found Mr. Warren and his wife had "made a false oath or account" in the bankruptcy proceedings.

Mr. Warren is also in violation of the CBA's statutes in that effective March 26, 2009, Mr. Warren's license to practice as a CPA was revoked by Agreed Consent Order by the Texas Board of Accountancy.

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

Related Documents:

Accusation and Decision

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

Ms. Warren's license is suspended for six months.

Ms. Warren shall at all times maintain an active license status.

Ms. Warren is required to reimburse the CBA $9,024.89 for its investigation and prosecution costs.

Other standard terms of probation.

Effective August 27, 2011

Ms. Warren admits the truth of each and every charge and allegation in Accusation No. AC-2010-20.

Accusation No. AC-2010-20 alleges that in 2004, Ms. Warren subjected herself to discipline for knowingly preparing, publicizing, or disseminating false, fraudulent, or materially misleading financial statements, reports or other information in connection with her and her husband's 2004 personal petition for bankruptcy. The bankruptcy court issued a judgment denying Ms. Warren and her husband's discharge in bankruptcy because the Court found Ms. Warren and her husband had transferred and concealed property to "hinder, delay or defraud" creditors. The court also found Ms. Warren and her husband had "made a false oath or account" in the bankruptcy proceedings.

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

Related Documents:

Accusation and Decision

Revocation of CPA and COR licenses, via proposed decision.

Mr. Wasser is required to reimburse the CBA $18,674.82 for its investigation and prosecution costs.

Effective December 24, 2010

Also See:

Felix R. Wasser & Associates, An Accountancy Corporation

Accusation No. AC-2009-6 includes charges of fraud, dishonesty, breach of fiduciary duty, embezzlement, theft and misappropriation of funds. The circumstances are that Respondents were engaged by clients B.F. and her corporation BFBO (Clients) as their accountant for over 10 years. Clients entrusted Respondents with authority over their corporation's bank account for purposes of handling business transactions. During a two and one-half year period on or between January 14, 2005, through on or about July 2, 2007, in 45 separate transactions, Respondents breached their fiduciary responsibility by withdrawing approximately $202,250 of Client's funds for their own personal use and benefit without Client's knowledge.

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

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective May 1, 1998

On or about February 15, 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.

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 of CPA Certificate, via proposed decision.

Mr. Himmelmann is required to reimburse the Board $3,034.50 for its investigation and prosecution costs, if his license is reinstated.

Effective February 28, 2010

Also See:

Himmelmann, William E.

Mr. Himmelmann was found to have violated the terms and conditions of Stipulated Settlement and Disciplinary Order AC-2007-25.

Mr. Himmelmann practiced public accountancy during the period his license was on suspension.

In addition, Mr. Himmelmann failed to do the following:

- Submit quarterly probation reports timely to the CBA.

- Submit cost reimbursement payments to the CBA.

- Cooperate fully with the CBA.

- Take and pass an ethics course.

- Undergo and continue treatment by a licensed physician for purposes of assessing his mental and physical fitness to practice public accountancy.

- Notify the CBA of a criminal conviction substantially related to the functions, duties and responsibilities of a licensee.

- Notify the CBA of his suspension to practice before the Internal Revenue Service.

Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5051, 5063, 5100 (a), (g), and (h). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.

Related Documents:

Accusation and Decision

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

Mr. Himmelmann's license is suspended for 120 days.

Mr. Himmelmann shall at all times maintain an active license status with the Board.

Mr. Himmelmann shall take and pass with a score of 90 percent or better a Board-approved ethics examination prior to the end of the suspension period.

Mr. Himmelmann is required to reimburse the Board $8,165.86 for its investigation and prosecution costs.

Other standard terms and conditions.

Effective April 28, 2008

Also See:

Himmelmann, William Edward

For purposes of settlement, Mr. Himmelmann admits, as set forth in the Accusation, that he is subject to discipline for unprofessional conduct in that he committed repeated negligent acts and gross negligence in the practice of public accountancy.

Mr. Himmelmann engaged in unprofessional conduct in his capacity as successor trustee for the S. Trust. Mr. Himmelmann's trusteeship became effective on December 26, 2003. Despite repeated requests to fulfill his obligations as successor trustee, both orally and in writing, and repeated assurances by Mr. Himmelmann that he would do so, he waited until July 26, 2006, to complete the Trust tax returns for tax years 2003, 2004, 2005, and to issue Schedules K-1, and did so only after a complaint was filed with the Board.

Mr. Himmelmann further admits that he is subject to discipline in that he willfully engaged in the practice of public accountancy with an expired license, failed to return client records to H.W. and failed to respond to Board inquiries regarding H.W.'s complaint.

Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 52 (a) and 68.

Revocation of CPA Certificate, via stipulated decision.

If Respondent ever reapplies for licensure with the Board, he must meet all current requirements for licensure at the time of his reapplication and reimburse the Board for all costs in this proceeding as a prerequisite to relicensure.

Effective January 7, 1998

Mr. Weissenfluh admitted that if the allegations, as contained within the subject Accusation, were proven at an administrative trial, his license would be subject to appropriate discipline, including revocation. The allegations are that Mr. Weissenfluh made a business arrangement with a third party in which he agreed to raise capital for the third party, a "high risk" movie venture. Mr. Weissenfluh agreed to accept as compensation 20,000 shares of company stock.

It was further alleged that Mr. Weissenfluh contacted four accounting clients who authorized a maximum investment. He had authority to sign the aforementioned accounting clients' checks, subsequently, Mr. Weissenfluh forged two of the clients' signatures on their respective checks, thereby increasing their investment by $200,000 and $125,000, respectively.

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

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective October 15, 2004

Mr. Werner was convicted upon his plea of no contest to felony grand theft. The circumstances surrounding the conviction are that on or around September 11, 2002, Mr. Werner willfully and unlawfully took personal property belonging to his employer, valued at $336,435.

Mr. Werner is further subject to discipline for not reporting the conviction to the Board.

Business and Professions Code, Division 3, Chapter 1, §§ 5063 (a) (1), 5100 and 5100 (a), (c), (g), and (k).

Related Documents:

Accusation and Decision

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

Mr. White shall complete 24 hours of continuing education courses as specified by the Board.

Mr. White shall maintain an active license status.

Mr. White is required to reimburse the Board $7,666.47 for its investigation and prosecution costs.

Mr. White is required to pay a $1000 administrative penalty.

Other standard terms and conditions.

Effective April 27, 2009

Mr. White has subjected his license to disciplinary action for unprofessional conduct. Mr. White admits to practicing public accountancy with an expired license; utilizing an unregistered firm name; making false statements on his license renewal application to obtain his certificate; engaging in dishonesty with clients and the public by representing himself as a CPA while his license was expired; and violating his duty to fulfill continuing education requirements mandatory for active license renewal.

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5060, 5100 (b), (c), and (g).

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via stipulated settlement.

Effective October 22, 1999

Respondent admits that he was convicted of crimes substantially related to the qualifications, functions, and duties of a Certified Public Accountant and agrees to the revocation of his CPA certificate. Respondent was convicted by jury trial in the federal district court on July 18, 1998, of conspiracy, securities fraud, and bank fraud. The convictions on all counts except conspiracy were affirmed with the United States Court of Appeals, 2nd Circuit of New York.

Respondent admits that from February 1992 through 1995, while employed as a tax partner at Deloitte & Touche, LLP, Los Angeles, he and a nonlicensee, Christopher Bagdasarian, defrauded potential investors, commercial banks and underwriting institutions in the amount of $24.55 million. Mr. White and Mr. Bagdasarian prepared and presented false financial statements, net worth statements, and attestation letters regarding Mr. Bagdasarian's ownership of securities, investment performance, and net worth. The false information was prepared in connection with an initial public offering of securities by Mr. Bagdasarian's company, Normandy America.

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

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via stipulated decision. Payment of the Board's investigative costs, should Respondent seek reissuance of his license.

Effective June 22, 1997

Respondent admits to the allegations contained in the Accusation. Specifically, Respondent admits to the receipt of commissions while in the practice of public accountancy and involvement in the sale of investments to accountancy clients, an incompatible activity.

Business and Professions Code, Division 3, Chapter 1, §§ 5061, and 5100 (f). California Code of Regulations, Title 16, Division 1, § 57.

Related Documents:

Accusation and Decision

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

Mr. Wilkinson's license is suspended for 45 days.

Mr. Wilkinson shall complete 40 hours of continuing professional education courses (CPE) in accounting and auditing as specified by the Board or its designee prior to October 1, 2006. The CPE shall be in addition to the CPE requirement for relicensing.

During the period of probation, the work papers and draft report for audit engagements undertaken by Mr. Wilkinson shall be subject to review by a partner in Mr. Wilkinson's firm. Upon completion of the review of the work papers and draft reports for audit engagements, Mr. Wilkinson shall submit a copy of the report with the reviewer's conclusions and findings to the Board.

During the period of probation, all audit, review and compilation reports, and work papers shall be subject to peer review by a certified peer reviewer approved as such by the California Society of CPAs, at Mr. Wilkinson's expense. Upon completion of the peer review, Mr. Wilkinson shall submit a copy of the report with the reviewer's conclusions and findings to the Board.

Mr. Wilkinson is required to reimburse the Board $3,483 for its investigation and prosecution costs.

Other standard terms and conditions.

Effective April 22, 2005

For purposes of settlement, Mr. Wilkinson admits that he was permanently denied the privilege of appearing or practicing as an accountant before the SEC.

Mr. Wilkinson further admits he did report to the California Board of Accountancy that he had been permanently denied the privilege of practicing as an accountant before the SEC; however, he was late in filing his reporting.

The SEC administrative proceeding that resulted in his loss of the privilege of appearing or practicing before the SEC was based upon allegations that Mr. Wilkinson engaged in improper professional conduct in connection with the audits of Madera International, Inc. for the years ended March 31, 1994-1998, and audits of EMB Corporation for the five months ended February 29, 1996, and the years ended September 30, 1996-1997.

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

Related Documents:

Accusation and Decision

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

Mr. Williams shall maintain an active license.

Mr. Williams shall take and pass with a score of 90 percent or better a Board-approved ethics course.

Mr. Williams is required to reimburse the Board $7,030 for its investigation and prosecution costs.

Other standard terms of probation.

Effective January 7, 2007

For purposes of settlement, Mr. Williams admits that he engaged in the practice of public accountancy without a valid permit while his permit was in an inactive status.

On or about September 11, 2003, Mr. Williams executed and presented to World Wide Missions' Board of Directors an Independent Auditor's Report for the fiscal year July 1, 2002, through June 30, 2003. Mr. Williams' permit was in an inactive status at the time that he completed fieldwork for the report and at the time that the report was issued.

Mr. Williams also used the CPA designation in the paid preparer's block of World Wide Missions' IRS Form 990 for the same period. Mr. Williams' permit was in an inactive status at the time that said Form was prepared and issued.

Mr. Williams willfully violated the Board's regulations by engaging in the practice of public accountancy with an inactive permit after being cited for a substantially similar violation in 1997.

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100, and 5100 (g). California Code of Regulations, Title 16, Division 1, § 80.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via proposed decision.

Effective December 22, 2004

Mr. Williams performed an audit of the financial statements of a homeowners' association that contained extreme departures from generally accepted auditing standards and generally accepted accounting principles. Mr. Williams failed to document that the audit was adequately planned. He failed to document his conclusions regarding internal controls or the risk of a material misstatement due to fraud. Written representations from management or the client's legal counsel were not documented. Mr. Williams also failed to document audit evidence obtained, procedures applied, and the testing performed.

Mr. Williams failed to issue a report conforming to professional standards. Mr. Williams' audit report and working papers included additional departures from professional standards that constituted repeated negligent acts.

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

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via proposed decision.

Effective October 23, 2003

Mr. Williams acted dishonestly and also knowingly prepared, published and disseminated false, fraudulent and materially misleading financial statements, reports, or information when he prepared and submitted a false income tax return.

The facts and circumstances underlying Mr. Williams's criminal conviction are that he was employed as CFO by an investment firm owned by Ernest F. Cossey. Mr. Cossey asked Mr. Williams how he could avoid disclosing the full amount of his income for 1998. Mr. Williams suggested that they might characterize some of the income as the proceeds of loans made to Mr. Cossey. Mr. Cossey instructed Mr. Williams to implement the plan without further research, and he did so.

Mr. Williams knew that the money in question was properly characterized as income and should be reported as such to the Internal Revenue Service. Nonetheless, Mr. Williams prepared a personal income tax return for Mr. and Mrs. Cossey for the 1998 tax year in which he underreported the Cossey's income by more than $2,300,000 resulting in a tax loss to the United States of more than $700,000.

Business and Professions Code, Division 3, Chapter 1, § 5100 (c), (i), and (j).*

* Business and Professions Code, Section 5100, prior to January 1, 2003.

Related Documents:

Accusation and Decision

Vacate stay of revocation - revoke CPA certificate.

Effective May 4, 1996

Respondent failed to comply with the terms and conditions of his probation in the following respects: Respondent changed addresses several times without notifying the Board in a timely manner. Respondent failed to reimburse the Board for investigation and prosecution costs. Respondent failed to submit quarterly written reports.

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

Related Documents:

Accusation and Decision

License revoked. Revocation stayed, with five years probation imposed.

Probation terms include suspension for six months; at Respondent's expense, all audit, compilation, and review engagements must be reviewed by another CPA prior to release; quality review of Respondent's practice by an outside CPA; reimbursement to the Board for investigative and legal costs; completion of 40 hours of CPE, in addition to the CPE required for license renewal; and other standard terms of probation.

Effective March 20, 1994

Respondent performed multiple school district audits in a grossly negligent manner. Further, Respondent issued a review report for a homeowners association which did not conform to professional standards. As a sole practitioner, Respondent practiced and advertised under an unapproved, plural designation name style.

He also associated with an unauthorized partnership with an unlicensed person.

Respondent falsely advertised that he was a member of the AICPA and CSCPA.

Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, § 63, 66, and 67.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective December 30, 1999

Respondent was engaged to perform an audit of Service Escrow Company, for the fiscal year ended September 30, 1996, and compilations for the periods ended September 30, 1996, and March 31, 1997. The audit exhibited material departures from applicable professional standards. In addition, the compilations issued by Respondent contained numerous departures from professional standards.

Furthermore, Respondent has engaged in the practice of public accountancy with an expired license. Respondent has also engaged in public accounting practice as "Ed B. Wilson, Accountancy," a fictitious name that has not been registered with the Board.

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5055, 5062, 5100 (c), (f), and (i). California Code of Regulations, Title 16, Division 1, §§ 58 and 67.

Related Documents:

Accusation and Decision

Revocation of CPA license, via stipulated settlement.

Effective October 27, 2012

Ms. Wilson admits the truth of each and every charge and allegation in Accusation No. AC-2010-23.

Ms. Wilson is subject to disciplinary action on the grounds that Ms. Wilson was convicted in 2009, in federal criminal proceedings in U.S. District Court, of making a false statement to a Medicare provider, and willfully subscribing a false tax return, both felonies. The facts giving rise to those crimes occurred in 2003 and 2005. In 2003, Ms. Wilson made a false, fraudulent and material misrepresentation of fact with respect to information required to be disclosed by a provider of services reimbursable by Medicare. Ms. Wilson falsely declared that she was the only person with an ownership and control interest of 5 percent or greater in a Medicare Part B provider company when, in truth, there were two other individuals with one-third ownership each in partnership with her in the company. In 2005, Ms. Wilson falsified a 2004 U.S. Income Tax Return, Form 1120S, for the tax year 2004. Ms. Wilson was sentenced to five years' probation and was ordered to pay fines and restitution in the amount of $290,927.

Ms. Wilson is also subject to disciplinary action on the grounds that Ms. Wilson prepared and submitted false, fraudulent or misleading information to the IRS in the 2004 return.

Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a), (j) and 5106.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective June 25, 2009

Also See:

David M. Winings, An Accountancy Corporation

Accusation No. D1-2006-14 contains the following allegations:

On October 1, 2008, Mr. Winings was convicted on a guilty plea of stealing funds from two separate elderly clients and of evading taxes. The circumstances that led to the conviction are that while paying the bills for a client, Mr. Winings' stepson, who was an employee of David M. Winings, An Accountancy Corporation, charged the client's credit card a total of $78,037, for cleaning services that were never requested or provided.

On a separate client, during the period from January 2005 through April 2008, Mr. Winings took without authorization approximately $110,000 from an account that was used for the client's payroll that Mr. Winings managed.

Business and Professions Code, Division 1.5, Chapter 3, § 490, and Division 3, Chapter 1, §§ 5100(a), (c), (i), (j), and (k), and 5050(a).

Related Documents:

Accusation and Decision

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

Mr. Winings shall take and pass with a score of 90 percent or better a Board approved ethics course.

Mr. Winings and David M. Winings, an Accountancy Corporation, are required to reimburse the Board $3,146.50 for its investigation and prosecution costs.

Other standard terms of probation.

Effective August 25, 2006

Also See:

David M. Winings, CPA, An Accountancy Corporation

Without being registered with the Public Company Accounting Oversight Board (PCAOB), Mr. Winings and his accountancy corporation issued seven audit reports on issuers in violation of PCAOB rules.

Subsequent applications for registration with the PCAOB from Mr. Winings and David M. Winings, an Accountancy Corporation, were denied for cause.

Both applications failed to disclose a company they had audited on their application for registration with the PCAOB. Both were uncooperative during the investigation by failing to respond to California Board of Accountancy's two letters sent as part of the investigation.

Business and Professions Code, Division 3, Chapter 1, § 5100 and 5100 (g), (j), and (l). California Code of Regulations, Title 16, Division 1, § 52.

Related Documents:

Accusation and Decision

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

Mr. Winterburn shall at all times maintain an active license status with the Board, including during any period of suspension.

Mr. Winterburn shall complete and provide proper documentation of 26 hours of continuing education courses.

Mr. Winterburn is required to reimburse the Board $8,888.95 for its investigation and prosecution costs.

Other standard terms of probation.

Effective June 23, 2006

Mr. Winterburn admits that he performed repeated acts of negligence in the preparation of the original and proposed amended 2002 federal and state income tax returns for a client as charged in the Board's Accusation No. AC-2005-28.

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

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective October 1, 2009

Accusation AC-2009-21 contains allegations that Mr. Wise misappropriated client funds in the amount of $65,000 and $90,000 which had been entrusted to him by two clients.

Mr. Wise knowingly prepared income tax returns for the 2004-2007 tax years for a client that contained false information regarding the payment of estimated income taxes.

Mr. Wise did not reply to a Board inquiry within 30 days.

On or about December 10, 2008, the Arizona State Board of Accountancy revoked Mr. Wise's Arizona license for misappropriating client funds.

On or about April 3, 2009, the U.S. Securities and Exchange Commission indefinitely suspended Mr. Wise's right to practice before the Commission.

Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (g), (h), (i), (j), and (k). California Code of Regulations, Title 16, Division 1, § 52.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via default decision.

Effective June 23, 2001

On or about July 11, 2000, Respondent pleaded guilty to one count of bank fraud and one count of money laundering in the United States District Court in Lincoln, Nebraska. Respondent prepared and executed a fraudulent bill of sale in connection with a check for $30,000 from Sand Hills Beef, Inc. Respondent also conducted a financial transaction in the form of a check for $159,889 made payable to Sand Hills Beef, knowing that the monetary instrument represented the proceeds of unlawful activity and that the transaction was designed to conceal the proceeds of unlawful activity.

Respondent did not report his conviction to the California Board of Accountancy within 30 days of the conviction.

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

Related Documents:

Accusation and Decision

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

Mr. Withers' license is suspended for 60 days.

Mr. Withers shall complete an additional 24 hours of CE courses. The CE courses shall include, at a minimum, a two-hour Board-approved Regulatory Review course.

Mr. Withers shall maintain an active license status.

Mr. Withers is required to reimburse the CBA $6,613.79 for its investigation and prosecution costs.

Other standard terms of probation.

Effective August 27, 2011

Mr. Withers admits the truth of each and every charge and allegation in Accusation No. AC-2011-4 which includes the following allegations:

Mr. Withers secured his 2007 license renewal by making false statements to the California Board of Accountancy (CBA) on his renewal form. Respondent claimed continuing education (CE) hours for live presentation with an instructor and teaching on his 2007 renewal form but the providers he listed were not able to support any of the courses he listed.

Mr. Withers willfully practiced and held himself out as a Certified Public Accountant (CPA) when he failed to have a valid license on or about the period of October 1, 2007 through July 20, 2009 and from October 1, 2009 to April 7, 2011.

Mr. Withers failed to complete CE requirements of the CBA.

Mr. Withers on and after December 2, 2008, advertised or used other forms of solicitation which were false, fraudulent, and misleading, by using and advertising Respondent's services as a CPA on his website, thereby holding himself out as a CPA when his license was not valid for practice.

Mr. Withers did not respond to a CBA subpoena requesting CE course completion certificates and did not timely provide additional client documentation requested during an office visit by CBA analysts.

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5100(b) and (g). California Code of Regulations, Title 16, Division 1, §§ 52, 63, 87 and 89.

Related Documents:

Accusation and Decision

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

Ms. Wong's license is suspended for 60 days.

Ms. Wong shall take and pass with a score of 90 percent or better a Board approved ethics course.

Ms. Wong shall complete 24 hours of continuing education in addition to the 80 hours required for license renewal.

Ms. Wong is required to reimburse the Board $12,000 for its investigation and prosecution costs.

Other standard terms and conditions.

Effective October 30, 2009

Ms. Wong admits the truth of each and every charge and allegation in the Accusation No. AC-2009-26 with the exception of the charge of gross negligence and repeated acts of negligence regarding the corporation reporting minimal to no officer compensation. For the purpose of resolving the Accusation, Ms. Wong agrees that, at a hearing, Complainant could establish a factual basis for the allegation noted above and that the allegation constitutes cause for discipline.

Accusation No. AC-2009-26 contains the following allegations:

Ms. Wong was grossly negligent and committed repeated acts of negligence in preparation of the complainant's corporate tax returns for the years 2004 through 2006. Ms. Wong reported minimal to no officer compensation for those years even though the corporation had substantial income and the complainant was the sole shareholder and performed all but a minimal amount of the work for the corporation. The corporation is an S-corporation. Ms. Wong allowed nearly all of the corporation's profits to pass to the complainant as distributions without paying the required employment taxes. The complainant and his corporation were audited by the Internal Revenue Service (IRS) and as a result the corporate tax returns were adjusted to report additional officer compensation of $63,000 in 2004, $64,000 in 2005, and $75,000 in 2006. Penalties were assessed.

Ms. Wong also reported a $20,700 bad debt deduction on the 2005 corporate tax return even though the corporation reported its income on the cash basis and had not reported this amount as income on a previously filed return. Ms. Wong also reported a pension deduction on the 2005 corporate return in excess of 100 percent of its employee compensation, even though a deduction of only 25 percent of employee compensation is allowed. Upon IRS audit the bad debt deduction was denied and the pension deduction was reduced.

Ms. Wong also earned commissions on an annuity sale and mutual fund sales she made to the complainant and failed to disclose to the complainant in writing that she would be receiving a commission.

Ms. Wong also practiced under the unregistered name of BC Services while performing services for the complainant.

Business and Professions Code, Division 3, Chapter 1 §§ 5100 (c) and (g), 5060, and 5061.

Related Documents:

Accusation and Decision

Revocation of CPA Certificate, via stipulated settlement.

Mr. Wong is required to reimburse the Board $3,655 for its investigation and prosecution costs prior to a petition for reinstatement.

Effective August 30, 2007

On or about May 10, 2006, Mr. Wong was convicted on a plea of guilty in federal court of one count each of wire fraud, aiding and abetting, tax evasion, and willful aiding in the preparation of a false tax return during the period of approximately September 1998 through October 2001.

Mr. Wong is further subject to disciplinary action in that he failed to report the matter in writing to the Board within 30 days of the conviction.

Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a), (g), and (j).

Related Documents:

Accusation and Decision

Surrender of License via stipulated settlement.

Effective November 8, 1996

For the renewal period ending July 31, 1993, Henry Alexander Woolley certified under penalty of perjury completion of 82 hours of continuing education. It was later discovered during an audit of these hours that Mr. Woolley was unable to provide documentation to support any of the hours claimed. A citation and fine in the amount of $2,000 was issued on February 7, 1995.

Pursuant to this settlement, Mr. Woolley agreed to surrender his license, and the civil fine was vacated.

California Code of Regulations, Title 16, Division 1, § 87 (a).