Disciplinary Actions / License Restrictions
This list contains all enforcement actions 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 (disciplinary decisions); currently effective Interim Suspension Orders (ISO) or Temporary Restraining Orders (TRO); 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.
In cases of serious threat of continued consumer harm, the CBA may suspend that licensee's ability to practice public accountancy, pending a hearing on that conduct through the utilization of an ISO or TRO.
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
Abernathy, Sterling Blair La Verne, CA CPA 46384
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 (b)(3), 5100 (g), (h) and (l).
Related Documents:
Abreu, John D. Alturas, CA CPA 13696
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Adamic, Jonathan Ernest San Lorenzo, CA CPA 26512
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h).
Related Documents:
Affonso, Dale Albert Hermosa Beach, CA CPA 29994
CBA Actions
Surrender of CPA certificate, via stipulated surrender.
Effective October 26, 2008
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (g).
Related Documents:
Agnor, Brian T. Lemon Grove, CA CPA 92485
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5063 (a) and 5100 (a).
Related Documents:
Alas, Benigno Bercasio J. Glendale, CA CPA 23757
CBA Actions
Revocation of CPA Certificate via Proposed Decision.
Effective October 29, 1997
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100(c) and (f). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Alderson, Jessica Anne West Hollywood, CA Applicant
CBA Actions
Upon meeting all pre-licensure requirements, a Certified Public Accountant License will be issued to Ms. Alderson and immediately revoked. However, the revocation will be stayed and Ms. Alderson will be placed on five years' probation with the following terms and conditions:
Ms. Alderson shall successfully complete a rehabilitation program for chemical dependence.
Ms. Alderson shall completely abstain from the use of psychotropic drugs, including alcohol, unless prescribed.
When requested, Ms. Alderson shall submit to biological fluid testing at any time during the period of probation.
Other standard terms of probation.
Effective April 28, 2013
Cause For Denial
Statement of Issues No. SI-2012-7 contained the following allegations:
On or about November 20, 2009, after pleading nolo contendere, Ms. Alderson was convicted of one misdemeanor count of violating Vehicle Code section 23152, subdivision (b) [driving while having 0.08 percent and more, by weight, of alcohol in her blood]. The Court sentenced Ms. Alderson to serve 30 days in Los Angeles County Jail and placed her on 60 months probation, with terms and conditions. The circumstances surrounding the conviction are that on or about May 24, 2009, Ms. Alderson drove a vehicle while having a blood-alcohol content level of 0.20 percent.
On or about December 9, 2006, after pleading nolo contendere, Ms. Alderson was convicted of one misdemeanor count of violating Vehicle Code section 23152, subdivision (a) [driving under the influence of alcohol or drugs] . The court sentenced Ms. Alderson to serve 30 days in Placer County Jail and placed her on 36 months probation, with terms and conditions. The circumstances surrounding the conviction are that on or about October 27, 2006, Ms. Alderson drove a vehicle under the influence of alcohol or drugs and collided with another vehicle resulting in damages to another. During the booking procedure, Ms. Alderson submitted to a blood test that resulted in a blood-alcohol content level of .23 percent.
On or about June 7, 1996, after pleading nolo contendere, Ms. Alderson was convicted of one misdemeanor count of violating Vehicle code section 23152, subdivision (a) [driving under the influence of alcohol or drugs]. The Court sentenced Ms. Alderson to serve 2 days in Yolo County Jail and placed her on 36 months probation, ordered her to attend a first offender alcohol program, community service, and pay a fine. The circumstances surrounding the conviction are that on or about December 1, 1995, Ms. Alderson drove a vehicle while being under the influence of alcohol or drugs.
Ms. Alderson committed acts, which if done by a licensee, would be grounds for suspension or revocation of a license.
Ms. Alderson admits the truth of each and every charge and allegation in the Statement of Issues No. SI-2012-7.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, § 5110. California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Statement of Issues and Decision
Alexander, Lanz Dee Pasadena, CA CPA 30399
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 28, 1998
Reinstated October 17, 2000
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Alex D. Domantay & Associtates Los Angeles, CA PAR 6795
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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:
Allan, Steven James Los Gatos, CA CPA 21502
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective August 29, 2003
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Allen, Robert W. Torrance, CA CPA 25542
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective January 2, 1998
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100.
Related Documents:
Allen, Robert W. Torrance, CA CPA 25542
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
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:
Anderson, Carl S. Riverside, CA CPA 10705
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Related Documents:
Anderson, Charles Michael Hermosa Beach, CA CPA 15928
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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:
Anderson, David Lee Novato, CA CPA 21801
CBA Actions
License revoked by default decision.
Effective September 6, 1995
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(f), (h) and 5055. California Code of Regulations, Title 16, Division 1, § 68.
Related Documents:
Anson, Ronald Irving Del Mar, CA CPA 14144
CBA Actions
Revocation of CPA license, via default decision.
Effective June 28, 2012
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter, 3, § 490; Division 3, Chapter 1, §§ 5100(a) and 5063(a)(1)(A-C).
Related Documents:
Antonini, Orlando J. San Francisco, CA CPA 18654
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective June 15, 1997
Reinstated March 3, 2000
Cause For Discipline
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).
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Armando C. Ibarra, CPA, A Professional Corporation Chula Vista, CA COR 4318
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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:
Arthur Andersen LLP Los Angeles, CA PAR 21
CBA Actions
Revocation of PAR Certificate, via default decision.
Effective September 23, 2002
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (d).
Related Documents:
Azavedo, Anthony John Irvine, CA CPA 28959
CBA Actions
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
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g).
Related Documents:
Baisden, Lowell A. Bakersfield CA CPA 26811
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. Baisden is required to reimburse the Board $15,141.40 for its investigation and prosecution costs.
Effective January 8, 2008
Cause For Discipline
For tax year 2002, Mr. Baisden provided the clients, Mr. and Mrs. G, with false tax advice, created a sham corporation, and prepared fraudulent income tax returns. As a result of Mr. Baisden's actions, Mr. and Mrs. G's 2002 tax returns were subject to an Internal Revenue Service (IRS) audit. Mr. Baisden failed to cooperate with the IRS in representing Mr. and Mrs. G in the audit. Mr. and Mrs. G. suffered significant financial harm in attorney fees for defending themselves in the IRS audit.
Mr. Baisden failed to prepare and file Mr. and Mrs. G's 2003 and 2004 tax returns. Mr. Baisden's actions caused Mr. and Mrs. G financial harm. In addition to the monthly fees they had already paid Mr. Baisden for this service, Mr. and Mrs. G. were forced to pay another CPA to complete their returns.
Mr. Baisden issued compilations reports for Mr. and Mrs. G's sham corporation, without disclosing his lack of independence in the reports.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (i) and (j), and 5062. California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Baka, John Edward San Francisco, CA CPA 73539
CBA Actions
Revocation stayed, with three years' probation, via stipulation settlement.
Mr. Baka shall at all times maintain an active license status with the Board.
Mr. Baka shall complete 24 hours of continuing professional education courses (CPE) in audit-related subjects, at least eight hours of which shall include instruction on audits of employee benefit plans. The CPE shall be in addition to the 80 hours required for license renewal.
Mr. Baka is required to reimburse the Board $5,108 for its investigation and prosecution costs.
Other standard terms of probation.
Effective October 20, 2006
Also See:
Cause For Discipline
Mr. Baka agrees that a factual basis for the charges contained in Accusation AC-2006-13 could be established.
This accusation charges that Mr. Baka participated in the audit of the IES-ESOP for the year ended March 31, 2002, under the supervision of George Alan Fisher.
The accusation also includes charges that Mr. Baba's working paper documentation of the tests performed in support of the audit of the IES-ESOP for the year ended March 31, 2002, was characterized by extreme departures from applicable professional standards constituting gross negligence and/or repeated acts of negligence.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Baker, Warren H. Camarillo, CA CPA 8562
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective May 2, 1997
Cause For Discipline
Respondent committed acts of gross negligence in his preparation and issuance during 1992 of an audit report of an "off-shore" reinsurance company. Respondent issued audit opinions on his client's company and a related company, although he was not independent. Respondent failed to meet the continuing education requirements for active license renewal for the renewals due March 31, 1993 and 1995.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(c). California Code of Regulations, Title 16, Division 1, §§ 65, 87 (a), and 89.
Related Documents:
Banister, Joseph Ronald Minden, NV CPA 57875
CBA Actions
Revocation of CPA Certificate, via proposed decision. Mr. Banister is required to reimburse the Board $6,628 for its investigation and prosecution costs.
Effective March 7, 2007
Cause For Discipline
On December 24, 2003, a decision in United States Department of Treasury Complaint No. 2003-2, Director, Office of Professional Responsibility v. Joseph R. Banister, ordered Mr. Banister disbarred from practice before the Internal Revenue Service (IRS). Mr. Banister appealed the decision. In a June 25, 2004, decision, the Department of Treasury denied Mr. Banister's appeal and adopted as its final agency action the underlying decision disbarring Mr. Banister from practice before the IRS.
The Department of Treasury found that Mr. Banister provided erroneous advice to taxpayers, including improperly advising them that tax returns were not required because IRS Code sections 861 through 856 define "source of income" in a manner that excluded the income of United States citizens residing in the United States from United States tax.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h).
Related Documents:
Banuelos, Daniel Fresno, CA CPA 35720
CBA Actions
Revocation of CPA Certification, via proposed decision.
Respondent is required to reimburse the Board for investigation and prosecution costs.
Effective December 30, 1999
Cause For Discipline
Respondent was convicted by a plea of guilty of embezzlement and theft from an Indian tribal organization. Respondent admitted through a plea agreement that from February 18, 1992, through March 25, 1994, he and a co-defendant embezzled funds from the Oglala Lakota College, totaling at least $768,360.00. Respondent admitted to personally receiving $114,470.00 of these funds.
Respondent was engaged as the accountant and independent auditor for Oglala Lakota College for the years 1991 through 1993, and he utilized his knowledge of the client to create two fictitious vendors and effected the embezzlement payments through these vendors.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490 and Division 3, Chapter 1, §§ 5100 (a), (h), (i), and (j).
Related Documents:
Baranov, Marvin Encino, CA PA 6623
CBA Actions
License revoked by default decision.
Effective September 6, 1995
Cause For Discipline
Respondent was previously disciplined, effective September 11, 1963, for violation of Business and Professions Code Section 5100(d). His license to practice was revoked at that time. However, revocation was stayed with three years probation, and 180 days suspension was imposed.
The current accusation is made in reference to Respondent's gross negligence in the preparation of a client's tax returns for years 1985 - 1987; including failure to timely submit a claim on behalf of his client for refund of overpayment of taxes; and failure to return his client's records.
In addition, the current accusation charges Respondent with gross negligence in the preparation of financial statements for another client, in which Respondent failed to comply with professional standards.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(c) and (f). California Code of Regulations, Title 16, Division 1, §§ 68 and 58.3.
Related Documents:
Barnett, Troy Randall Mission Viejo, CA CPA 78116
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Barnett's license is suspended for 30 days.
Mr. Barnett shall take and pass with a score of 90 percent or better a Board- approved ethics examination.
Mr. Barnett is required to pay the Board an administrative penalty in the amount of $20,000.
Mr. Barnett is required to reimburse the Board $15,122.04 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective April 28, 2008
Cause For Discipline
For purposes of settlement, Mr. Barnett admits he misappropriated his employer's computer and personnel resources to perform services for his private practice clients fraudulently, without permission of his employer, and without compensating his employer for those resources.
Mr. Barnett advertised and engaged in the practice of public accountancy prior to obtaining his CPA certification on October 14, 1999 and continued to practice during the period of November 1, 2002 through September 25, 2003 while he had no practice rights.
Mr. Barnett advertised and provided tax and consulting services under the firm name "Barnett & Company Certified Public Accountants" when this name was not registered with the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (k), 5050 (a), 5060, 5055, 5058, and 5058.1. California Code of Regulations, Title 16, Division 1, § 2.
Related Documents:
Bartlett, Robert Glen Santa Monica, CA CPA 23122
CBA Actions
License revoked.
Effective May 15, 1994
Reinstated April 22, 1997
Cause For Discipline
Respondent pled guilty in 1991 to a crime (grand theft in excess of $100,000) substantially related to the duties, functions and qualifications of a Board licensee.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490 and Division 3, Chapter 1, §§ 5100 (f), (h) (2), and (j).
Related Documents:
Barton, Scott Kendall Houston, TX CPA 31817
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective June 21, 2003
Reinstated June 27, 2006
Cause For Discipline
Mr. Barton admits he was denied the privilege of appearing or practicing before the United States Securities and Exchange Commission as an accountant for his conduct as the controller of Paracelsus Corporation. According to the Commission's allegations, while Mr. Barton was Paracelsus' controller, he participated in misconduct by which Paracelsus inflated its quarterly and annual earnings in filings with the Commission.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h), [formerly 5100 (g)].
Related Documents:
Behrens, Daryl Dean Hanford, CA CPA 18111
CBA Actions
License revoked and Respondent must reimburse the Board for investigation and prosecution costs.
Effective March 9, 1995
Cause For Discipline
Respondent prepared compiled financial statements and failed to disclose his lack of independence. Respondent also used his name with estimates of earnings by signing as a CPA an opinion on the forecasts of a client.
Further, after borrowing $88,000 from clients, Respondent issued repayment checks when he knew there were insufficient funds to honor the checks. He also failed to prepare and file a deed of trust, which under the terms of the loan was his responsibility. After repaying only $10,000 of these debts, Respondent filed a petition for bankruptcy and had the debts to his clients discharged.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (f) and (h). California Code of Regulations, Title 16, Division 1, §§ 57, 58.3, 60, and 64.
Related Documents:
Belstock, Robert Lawrence Los Altos, CA CPA 12411
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Belstock is suspended for a period of 60 days.
Mr. Belstock shall maintain an active license.
Mr. Belstock shall complete a Board-approved ethics course with a score of 90 percent or better.
Mr. Belstock is required to reimburse the Board $8,000 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective August 30, 2007
Cause For Discipline
Mr. Belstock admits that he practiced public accountancy and represented himself as a licensed CPA while his license was expired and/or inactive during periods between December 1, 1998, to December 1, 2004.
Mr. Belstock also admits that he was dishonest in the practice of public accountancy, grossly negligent, and breached his fiduciary duty by his representations to his clients, tax authorities, and to the public that he was duly licensed to practice public accountancy when in fact he was not.
Mr. Belstock also admits that he engaged in the practice of public accountancy without complying with the Board's requirements for continuing education and that he failed to respond to the Board's inquiries regarding the consumer complaints and the nature and status of his practice.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (c), (g), and (i). California Code of Regulations, Title 16, Division 1, §§ 52, 80, 87, and 94.
Related Documents:
Berger, James Francis Ladera Ranch, CA CPA 25991
CBA Actions
Revocation of CPA license, via default decision.
Effective December 26, 2012
Cause For Discipline
Accusation No. AC-2012-45 contains the following allegations:
Mr. Berger's license as a Certified Public Accountant (CPA) expired on March 31, 2011, and was not renewed for five months until September 12, 2011. Although Mr. Berger's license was expired and was not valid, Mr. Berger submitted a tax return (Form 1040) on behalf of a client to the Internal Revenue Service (IRS) on May 21, 2011, holding himself out as a CPA.
Mr. Berger knowingly made a misrepresentation of a material fact on his 2011 CPA license renewal application. Specifically, Mr. Berger marked that he was renewing as an "active" licensee, and that he had completed the requisite number of Continuing Education (CE) hours. Mr. Berger indicated he attended a Regulatory Review and a fraud course from CE provider Financial Education Resources (FER); however, after contacting FER they indicated Mr. Berger did not attend the classes. After review of all submitted certificates of completion, Mr. Berger was found to be deficient two hours governmental auditing, six hours fraud, four hours ethics, and two hours regulatory review CE.
Mr. Berger also failed to respond to a CBA inquiry letter regarding completion of his CE requirements.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050(a), 5100(b) and (g). California Code of Regulations, Title 16, Division 1, §§ 52(a), 87, 87.8 and 89(k).
Related Documents:
Berghoff, Herbert Jerome Granada Hills, CA CPA 14493
CBA Actions
Surrender of license accepted and Respondent must also reimburse the Board for investigation and prosecution costs.
Effective December 1, 1994
Cause For Discipline
During May 1, 1989, to September 20, 1992, Respondent was the custodian of three client trust accounts. During this period, Respondent, without the clients' knowledge or permission, removed funds from said trust accounts for his own personal use or to cover shortages of funds in other trust accounts under his control and management. Funds removed from the three trust accounts amounted to approximately $104,000. In addition if Respondent ever reapplies for a license to practice public accountancy, the surrender of license shall be deemed as admission to the above facts.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h). California Code of Regulations, Title 16, Division 1, § 60.
Related Documents:
Berkowitz, Ira Theodore Simi Valley, CA CPA 22918
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Berkowitz is required to reimburse the Board $8,531.30 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective April 28, 2008
Cause For Discipline
For purposes of settlement, Mr. Berkowitz admits the Internal Revenue Service (IRS) suspended his right to practice before the IRS indefinitely beginning January 9, 2006.
Mr. Berkowitz further admits he failed to report the IRS suspension to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100, and 5100 (h).
Related Documents:
Bernard, Thomas J. Fresno, CA CPA 67358
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective June 23, 2001
Cause For Discipline
On or about July 10, 2000, Respondent pleaded guilty to two counts of bank fraud in the United States District Court in Lincoln, Nebraska. Respondent diverted approximately $1.3 million, obtained from the sale of cattle by Sand Hills Beef, Inc. These funds were used to pay the expenses of another affiliated company; the money should have been paid to FBS Agriculture Credit, Inc., to which the cattle had been pledged as collateral. On December 4, 2000, Respondent was sentenced in Lincoln, Nebraska to 54 months in federal prison.
Respondent failed to report the convictions to the California Board of Accountancy within 30 days of the conviction.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (a).
Related Documents:
Birnbaum, Richard Jay Tarzana, CA CPA 38463
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
During the course of probation, Mr. Birnbaum shall retain all client documentation for deductible items reported on client Schedules A and Forms 2106, including telephone messages and memos to Mr. Birnbaum's files that support verbal client information.
During the course of probation, Mr. Birnbaum shall retain documentation of contacts with the IRS, California Franchise Tax Board, and/or, other similar out-of-state tax agencies, including telephone messages and memos to Mr. Birnbaum's files that support verbal contacts with the named agencies, regarding client tax return issues for which Mr. Birnbaum renders services.
Mr. Birnbaum shall take and pass with a score of 90 percent or better a Board-approved ethics examination within six months of the effective date of the Board's decision.
Mr. Birnbaum shall maintain an active license status.
Mr. Birnbaum shall perform four hundred hours of approved community service, to be completed three months prior to the end of Mr. Birnbaum's probationary period.
Mr. Birnbaum is required to reimburse the Board $16,979 for its investigation and prosecution costs.
Effective February 23, 2009
Cause For Discipline
The Accusation charges that Mr. Birnbaum is subject to discipline, in that Mr. Birnbaum committed gross negligence and dishonest acts in the preparation of federal income tax returns, in which Mr. Birnbaum reported false taxpayer information and deductions, and provided other information to the IRS on behalf of two taxpayers that he knew, or should have known, was false.
The Accusation further charges that Mr. Birnbaum is subject to discipline, in that Mr. Birnbaum knowingly prepared, published or disseminated false, fraudulent, or materially misleading financial statements, reports, or information to the IRS, including false deductions on the clients' federal income tax returns and false or misleading statements in letters submitted to the IRS on behalf of the clients.
Mr. Birnbaum does not admit the charges and allegations but understands and agrees that, at a hearing, the Board could establish a factual basis for the charges in the Accusation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (g), and (j). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Bolen, Coyle Steven Encino, CA CPA 16068
CBA Actions
Revocation of CPA certificate, via stipulated settlement.
Effective August 28, 1998
Cause For Discipline
For purposes of settlement, Mr. Bolen admits that as the Chief Financial Officer of Financial News Network, he pled guilty to one count of conspiracy, one count of securities fraud, and one count of bank fraud. He was denied permanently the privilege of appearing or practicing before the Securities and Exchange Commission as an accountant. Additionally, he practiced public accountancy and used the title of CPA during a period in which his license was expired.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5055, 5100(a), (f), and (g).
Related Documents:
Bonner, Michael James Santa Clarita, CA CPA 45688
CBA Actions
Revocation stayed, with three years' probation, via stipulation settlement.
Mr. Bonner's license is suspended for six months.
Mr. Bonner shall complete 40 hours of continuing education in addition to the 80 hours required for license renewal.
Mr. Bonner shall take and pass with a score of 90 percent or better a Board-approved ethics course.
Mr. Bonner is required to reimburse the Board $4,000 for its investigation and prosecution costs.
Other standard terms of probation.
Effective September 21, 2006
Cause For Discipline
Mr. Bonner admits that he engaged in the practice of public accountancy while his license was either expired or inactive. Mr. Bonner's license was expired from November 1, 1996, until October 31, 2001, and then renewed inactive until June 27, 2005.Mr. Bonner failed to complete the required 80 hours of continuing education for each renewal period he was expired or renewed inactive.
Mr. Bonner also failed to complete the required eight-hour Professional Conduct and Ethics course.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § § 5100 (g) and 5050. California Code of Regulations, Title 16, Division 1, § 87.
Related Documents:
Bonnie Miller Accountancy Corporation Santa Clara CA COR 3818
CBA Actions
Surrender of CPA and Corporate Certificates, via stipulated settlement.
Effective March 4, 1999
Also See:
Cause For Discipline
Respondents Bonnie M. Miller and Bonnie Miller Accountancy Corporation agree to the surrender of their licenses, and wish not to contest the charges contained in the Board's Accusation.
The Accusation alleged that Ms. Miller, while acting as a trustee, withdrew client funds held in a real estate exchange trust totaling $35,000 and she disbursed the trust monies for her own use. The Accusation also alleges that Bonnie M. Miller was delinquent in remitting taxes due from the exchange transaction for a period of 18 months.
Violation(s) Charged
Related Documents:
Boone, Craig Allen Fresno, CA CPA 50730
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. Boone is required to reimburse the Board $27,418 for its investigation and prosecution costs.
Effective December 22, 2004
Cause For Discipline
Mr. Boone obtained referral fees for convincing investors to place their monies in Dennel Finance, Ltd. Mr. Boone lacked knowledge and understanding of the Dennel investment program and market, and he failed to question or investigate the promised excessive rate of return (60 percent with no risk) or the validity of the investment.
Mr. Boone did not have written disclosures to his accounting clients that he would be receiving commissions or referral fees based on their investments.
Mr. Boone failed to inform investors of the true rate of return on their investments. He retained a portion of the return for himself and selected how much to pass on to the individual investors, which he failed to disclose. During the period of approximately February 1998 to March 1999, Mr. Boone received referral fees or commissions of $524,015.
Mr. Boone practiced public accountancy without a valid permit from April 1996 to December 2002.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5061, and 5100 (c). California Code of Regulations, Title 16, Division 1, § 56 and 56.1.
Related Documents:
Borchard, William Patrick Chicago, IL CPA 95968
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Borchard's license is suspended for 30 days.
Mr. Borchard shall maintain an active license even during the period of suspension.
Mr. Borchard shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Mr. Borchard is required to reimburse the Board $3,251 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 16, 2008
Cause For Discipline
Mr. Borchard admits that the U.S. Securities and Exchange Commission (SEC) imposed discipline against Mr. Borchard by suspending him from the right to practice as an accountant before the SEC.
The SEC's disciplinary action stems from the SEC's complaint alleging, among other things, that while employed as a Certified Public Accountant by PriceWaterhouseCoopers LLP (PWC), Mr. Borchard provided a PWC colleague with material, non-public information about six publicly-held companies that Mr. Borchard learned were potential acquisition targets. Mr. Borchard's PWC colleague then traded on the basis of the material, non-public information provided by Mr. Borchard, resulting in Mr. Borchard's PWC colleague reaping ill-gotten gains of over $20,000. Mr. Borchard consented to the entry of the SEC's Final Judgment without admitting or denying any of the allegations in the SEC's complaint.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (l).
Related Documents:
Bordeleau, Robert James, Jr. VAN NUYS, CA CPA 34528
CBA Actions
Via default decision - Revocation of CPA Certificate.
Effective November 4, 1996
Cause For Discipline
The Respondent began a three-year probation period on July 1, 1993, pursuant to a stipulated agreement. On June 14, 1996, a petition to revoke probation was filed against Robert James Bordeleau, Jr., alleging that he had failed to comply with terms of probation as follows:
The licensee failed to appear four times for probation interviews; licensee did not respond to requests that he complete and submit "Licensee Information Sheets" and "Continuing Education Sheets;" licensee submitted nine out of 10 "Quarterly Reports" late; licensee made 18 of the 30 payments more than ten days late; licensee did not notify the Board of the continuing education classes he had completed or had not submitted evidence of completing the required 40 hours of additional continuing education.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100(c) and (f). California Code of Regulations. Title 16, Division 1, §§ 54.1, 65, 68, 69.1.
Bordeleau, Robert James, Jr. Van Nuys CA CPA 34528
CBA Actions
License revoked. Revocation stayed with 3 years probation.
Probation terms include 180 days suspension, reimbursement of investigative costs, an additional forty hours of CPE, completion of an approved ethics examination along with other standard terms and conditions.
Effective July 1, 1993
Cause For Discipline
Respondent failed to file a client's income tax return for the 1987 tax year on a timely basis and failed to return tax material as demanded by the client.
Respondent practiced public accounting during the period of January 1986 to May 1989 with an expired license. Respondent failed to comply with written notice to appear before the Administrative Committee. In addition, Respondent prepared audit reports for a corporation which did not meet professional auditing standards because he was not independent with respect to the corporation at the time he prepared the audits. Respondent failed to cooperate with Board investigation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (f), 5050; California Code of Regulations, Title 16, Chapter 1, §§ 54.1, 65, 68, and 69.
Boss, Jimmy Ray Stockton, CA CPA 22727
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective November 5, 2001
Cause For Discipline
Accusation AC-2001-23 contains allegations that Respondent used an unregistered business name from June 25, 1995, to September 30, 1999, and he was fined $750, which he failed to pay.
The Accusation further alleges Respondent was assigned 16 hours of continuing education as a result of investigations of two complaints filed against him. Respondent failed to submit certificates of completion of the continuing education requirement.
Respondent was also alleged to have continued to practice as a certified public accountant after his permit to practice public accountancy expired
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100(f). California Code of Regulations, Title 16, Division 1, §§ 87.5 and 95.4.
Related Documents:
Boyer, Richard Gensley Costa Mesa, CA CPA 17438
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Boyer's license is suspended for six months.
Mr. Boyer shall take and complete 24 hours of continuing professional education courses as specified by the CBA and maintain an active license with the CBA during the period of probation.
Mr. Boyer shall reimburse the CBA $10,143.50 for its investigation and prosecution costs.
Other standard terms of probation.
Effective October 27, 2012
Cause For Discipline
Mr. Boyer admits the truth of each and every charge and allegation in Accusation No. AC-2011-8.
On or about April 14, 2006, Mr. Boyer was found guilty on one count of income tax conspiracy, a violation of Title 18, United States Code, Section 371. On or about October 17, 2000, Mr. Boyer caused the preparation and filing of false, federal corporate income tax returns for Aegean Management Services for the years 1997, 1998 and 1999. Mr. Boyer was sentenced to imprisonment with the United States Bureau of Prisons for a term of twelve (12) months and one day and was also ordered to pay a fine in the amount of $5,000. The crime is substantially related to the qualifications, functions or duties of a licensee.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, § 5100 (a).
Related Documents:
Braly, Glenn Eric Ventura, CA CPA 35176
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Braly is required to reimburse the CBA $3,982 for its investigation and prosecution costs.
Other standard terms of probation.
Effective August 27, 2011
Cause For Discipline
Mr. Braly admits the truth of each and every charge and allegation in Accusation No. AC-2010-25. The accusation contains the following allegations:
On or about December 1, 2009, Mr. Braly was convicted of violating Title 18, United States Code, section 111 (a) (simple assault of a federal employee), a misdemeanor, in the United States District Court, Central District of California, Case No. 02:09-cr-00687-RZ-1. The circumstances surrounding the conviction are that on August 11, 2008, during the course of an attempt to assist a client before the Internal Revenue Service (IRS) in an audit matter, Mr. Braly used force to assault, intimidate, and interfere with an employee of the IRS. Mr. Braly also failed to report this conviction to the CBA within 30 days.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3,
§ 490; Division 3, Chapter 1,
§§ 5100, 5100 (a), 5106, 5063; California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Brelje, Brian James Laguna Beach, CA CPA 27696
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 7, 2007
Also See:
Brian Brelje An Accountancy Corp.
Cause For Discipline
Mr. Brelje was grossly negligent, committed repeated negligent acts, and breached his fiduciary duty when he failed to prepare and file federal and state estate and trust returns of a family trust and the final individual federal and state income tax returns of the decedent.
Mr. Brelje also failed to return the family trust records and documents after being requested to do so, and he failed to respond to correspondence from the Board requesting further information after a complaint was filed by the trustee.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b) and 5100 (c), (g), and (i). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.
Related Documents:
Brewer, Dean Mark Scottsdale, AZ CPA 30424
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 24, 1997
Cause For Discipline
On June 28, 1996, in Superior Court for Maricopa County, Arizona in the State of Arizona vs. Dean Mark Brewer, Respondent was convicted after plea agreement of one count of computer fraud and nine counts of theft under Arizona criminal law. He was sentenced to eight years in prison and ordered to pay restitution.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Brian Brelje An Accountancy Corp. Laguna Beach, CA COR 1417
CBA Actions
Revocation of COR license, via stipulated settlement.
Respondent is required to reimburse the CBA $6,013.30 for its investigation and prosecution costs prior to issuance of a new or reinstated license.
Effective March 4, 2011
Also See:
Cause For Discipline
Respondent admits the truth of each and every charge and allegation in Accusation No. AC-2010-6 which includes charges that the corporation practiced public accountancy without a valid permit.
Additional charges include the practice without a valid permit as willful and unprofessional conduct.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5100(g), 5154 and 5156.
Related Documents:
Bromberg, Clayton A. Woodland Hills, CA CPA 36630
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective April 25, 1999
Cause For Discipline
Respondent pleaded guilty in Ventura Superior Court on March 24, 1998, to seven felony counts of grand theft and making false statements in a sale of securities that was conducted without the permission of the California State Commissioner of Corporations. The underlying facts included the licensee's participation in a scheme to defraud an individual accountancy client and two life insurance companies. The licensee also failed to inform the Board in writing within 30 days of a change of address.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (a), (c), (h), (j) and Division 1.5, Chapter 3, § 490. California Code of Regulations, Title 16, Division 1, § 3.
Related Documents:
Brooks, Kevin E. Ladera Ranch, CA CPA 62641
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement.
Mr. Brooks' license is suspended for four years.
Mr. Brooks shall at all times maintain an active license.
Mr. Brooks shall reimburse the CBA in the amount of $5,985.78 for its investigation and prosecution costs.
Other standard terms of probation.
Effective June 28, 2012
Cause For Discipline
The First Amended Accusation No. AC-2011-11 alleges that the Securities and Exchange Commission (SEC) suspended Mr. Brooks from appearing or practicing before the SEC as an accountant. Mr. Brooks was also assessed a civil penalty of $60,000, disgorgement of $34,775, and prejudgment interest of $5,808.29. The SEC's civil complaint alleged that Mr. Brooks misstated Quest Software Inc.'s financial statements by failing to report compensation expense associated with stock options granted in-the-money through undisclosed backdating of grant dates during the period of 1999 through 2001. The Accusation further alleges that Mr. Brooks failed to report to the CBA a request for a Wells Submission as required by Business and Professions Code Section 5063(b)(4). Mr. Brooks admits the charges.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(g), (h), (l) and 5063(b)(4).
Related Documents:
Brooks, Murray Irving Seal Beach, CA CPA 25590
CBA Actions
Revocation of CPA certificate.
Reimburse the Board for all investigation and prosecution costs.
Effective September 7, 1996
Cause For Discipline
On February 8, 1993, before the United States District Court, Respondent was found guilty of violating four counts of securities fraud; seven counts of wire fraud; and one count of conspiracy to commit securities fraud and mail and wire fraud.
Respondent was an officer of Frontier Energy Resources, Inc., a Nevada corporation, which was purportedly engaged in the business of mining for gold near Virginia City, Nevada. He helped to prepare three investment prospectuses and distribute the prospectuses to investors; said prospectuses contained false representations.
From November 1987 until September 1989, Respondent and others fraudulently induced 300 investors to invest $1.4 million. Less than $400,000 was spent on the mining operation while over $1 million was diverted into personal accounts or business of the principals engaged in the fraudulent investment scheme.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490 and Division 3, Chapter 1, § 5100(a).
Related Documents:
Brotman, Howard W. San Diego, CA CPA 6510
CBA Actions
Surrender of license accepted.
Effective July 1, 1993
Violation(s) Charged
Buchalter, Eli Los Angeles, CA CPA 20746
CBA Actions
Revocation of CPA Certificates, via proposed decision.
Effective February 27, 2000
Also See:
Buchalter Eli, An Accountancy Corporation
Cause For Discipline
Respondents were engaged to perform audits of the financial statements of Comparator Systems Corporation (CSC) for several years. Respondents issued an auditor's report that stated that CSC's balance sheet was presented fairly, in all material respects, and was in conformity with generally accepted accounting principles (GAAP), and the audit was conducted in accordance with generally accepted auditing standards (GAAS) when, in fact, there were material departures from GAAP and GAAS.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5156, 5100 (c), (f), and (g).
Related Documents:
Buchalter Eli, An Accountancy Corporation Los Angeles CA COR 1905
CBA Actions
Revocation of CPA Certificates, via proposed decision.
Effective February 27, 2000
Also See:
Cause For Discipline
Respondents were engaged to perform audits of the financial statement of Comparator Systems Corporation (CSC) for several years. Respondents issued an auditor's report that stated that CSC's balance sheet was presented fairly, in all material respects, and was in conformity with generally accept accounting principles (GAAP), and the audit was conducted in accordance with generally accepted auditing standards (GAAS) when, in fact, there were material departures from GAAP and GAAS.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5156, 5100 (c), (f), and (g).
Related Documents:
Burdick, Jerry L Westlake Village, CA CPA 115080
CBA Actions
(Prior CPA 11795, Cancelled, expired 6/30/1997)
Mr. Burdick was previously licensed by the CBA on August 7, 1965. The certificate expired on June 30, 1997 and was cancelled on July 1, 2002 for failure to renew within five years.
A CPA license will be issued to Mr. Burdick and immediately revoked via stipulated settlement. However, the revocation will be stayed and Mr. Burdick will be placed on three years' probation with the following terms and conditions:
Mr. Burdick shall obtain registration with the SEC within 12 months of the effective date of the decision.
Other standard terms of probation.
Effective March 22, 2012
Cause For Denial
Statement of Issues No. SI-2010-31 contains the following allegations:
Mr. Burdick completed an application for licensure on or about August 18, 2009.
On or about August 14, 2008, a final judgment was entered against Mr. Burdick in the civil action entitled SEC v. Michael F. Crowley and Jerry L. Burdick suspending Mr. Burdick from appearing or practicing before the SEC as an accountant and ordering him to pay $25,000.
The circumstances behind the judgment are that between on or about August 1993 to May 2007, Mr. Burdick served as a director on SeraCare Lifesciences, Inc., ("SeraCare") board. Mr. Burdick served as SeraCare's interim chief financial officer from February 2005 through May 2005.
In September 2004, Mr. Burdick created a general inventory reserve account in connection with acquired inventory following a major acquisition. The SEC judgment alleges that Mr. Burdick manipulated these general inventory reserves in the second and third quarters of 2005, causing SeraCare's net income before taxes to be inflated by approximately 20 percent in the second quarter and about 17 percent in the third quarter of 2005, as reported in its Form 10-Q for the second quarter ended March 31, 2005 and its Form 10-Q for the third quarter ended June 30, 2005.
The SEC judgment alleges that during a 2005 audit, Mr. Burdick made, or caused to be made, material misrepresentations to SeraCare's auditors. Mr. Burdick created and backdated a letter that was given to the auditors as support for recognizing revenue on an almost $1 million sale before the close of the 2005 fiscal year. During the same audit, Mr. Burdick provided SeraCare's auditors with an increased inventory valuation without any documented or verifiable support.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, §§ 475, 480; Division 3, Chapter 1, §§ 5100 (h), (l), and 5110. California Code of Regulations, Title 16, Division 1, §§ 99.
Related Documents:
Statement of Issues and Decision
Burke, Beau E. Windsor, CA CPA 15707
CBA Actions
Revocation of CPA Certificate, via stipulated decision.
If Respondent 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 investigative and prosecution costs as a prerequisite to relicensure.
Effective August 24, 1997
Cause For Discipline
For purposes of settlement, Respondent admits having misappropriated money in client funds for his own personal use. Respondent accomplished this by misusing his check writing authority for the client's business. To date, Respondent has partially reimbursed the misappropriated funds.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (j).
Related Documents:
Burnett, John Russell, Jr. Sacramento, CA CPA 57908
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective December 30, 1999
Cause For Discipline
Respondent failed to perform agreed upon services and return records upon request for eight clients. Respondent additionally practiced public accountancy using a fictitious name that had not been approved by the California Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5060, 5100 (c) and (h), California Code of Regulations, Title 16, Division 1, §§ 67 and 68.
Related Documents:
Bushta, Patrick Craig Sacramento, CA CPA 26005
CBA Actions
License revoked by default decision.
Effective May 27, 1995
Cause For Discipline
Effective on or about December 23, 1993, Respondent stipulated to discipline for gross negligence relative to review and tax preparation engagements, failure to return client records and practicing public accountancy for approximately nine months during 1991 to 1992 with an expired license. At that time, the Respondent's license was placed on probation for three years. Probation terms included 120 days suspension, reimbursement to a client for work billed but never delivered, and reimbursement to the Board for costs of investigation.
Recently, the Respondent was charged with the following additional violations. The Respondent repeatedly refused to provide copies of tax and/or financial documents and to return the documents to four clients during 1993 to 1994; he held himself out as a CPA while his license was suspended and in an expired status; he failed to reimburse his client; and he failed to reimburse the Board for costs of investigation; he failed to submit quarterly reports; he failed to notify the Board of a change of address within thirty days from that change.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (f).
Related Documents:
Bushta, Patrick Craig Sacramento, CA CPA 26005
CBA Actions
License revoked. Revocation stayed, with 3 years probation imposed. Probation terms include suspension for 120 days, reimbursement of $300 to a client for work billed but never delivered, reimbursement to the Board for investigative costs, 40 hours of add-on CPE as directed by the Administrative Committee, prohibition from audits, reviews, or compilations unless done under the supervision and approval of another CPA and other standard terms of probation.
Effective November 23, 1993
Cause For Discipline
Respondent committed gross negligence on a review engagement for the October 1990 reporting period in that he presented a statement of changes in financial position rather than the required statement of cash flows. Respondent further failed to return client records after receiving numerous requests for their return. Respondent further practiced public accountancy for approximately nine months during 1991 - 1992 without a valid permit. Respondent was convicted in Sacramento Municipal Court for violation of Business and Professions Code 5050 relative to his unlicensed practice.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (c), and (f). California Code of Regulations, Title 16, Chapter 1, § 68.
Related Documents:
Busing, Robin Lynn San Diego, CA CPA 63918
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 26, 2005
Cause For Discipline
Ms. Busing retained client records after numerous demands to return the records. Despite repeated requests by the California Board of Accountancy, Ms. Busing failed to provide certificates of completion from the continuing education courses listed in her April 2002 license renewal.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b) and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 52, 68, and 89 (c).
Related Documents:
Butts, George Spottswood Chico, CA CPA 33235
CBA Actions
Revocation of CPA certificate.
Reimbursement to the Board for the investigation and prosecution costs within 90 days of the effective date of the Decision.
Effective September 6, 1996
Cause For Discipline
During March 1992, Respondent was hired as the controller for Far West Rice Company. The position gave him full responsibility over the accounting functions, including monitoring receivables and payables, writing checks, and providing reports to management. On May 17, 1993, Butts was terminated after Far West Rice discovered discrepancies and hired an accounting firm to investigate. The investigation concluded that Butts had written payroll checks to himself in excess of his salary.
At the time of his termination, he signed an agreement to repay to Far West Rice, but defaulted after making three payments of $500 each.
Violation(s) Charged
Business and Professions Code § 5100 (c), (h), and (j).
Related Documents:
Byrd, Michael J. Saratoga, CA CPA 46019
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Byrd shall pay the CBA its costs of investigation and enforcement in the amount of $7,290.20 prior to the issuance of a new or reinstated license.
Effective September 1, 2012
Cause For Discipline
Accusation No. AC-2011-23 alleges the following:
On or about January 2, 2010 a final judgment in a civil suit brought by the Securities and Exchange Commission (SEC) was entered against Mr. Byrd. The judgment enjoined Mr. Byrd from violating several sections of the Securities Act of 1933 and Securities Exchange Act of 1934. The judgment found Mr. Byrd liable for disgorgement, plus interest, in the amount of $249,843.00 and ordered Mr. Byrd to pay a civil penalty of $175,000.00.
The SEC civil complaint alleged that Mr. Byrd, during his tenure as Chief Financial Officer and Chief Operating Officer of Brocade Communication Systems, Inc. (Brocade), received information calling into question the integrity of Brocade's financial statements based on its option granting process. Mr. Byrd allegedly received information suggesting that Brocade's then chief executive officer was backdating option grants to executives and others so that the grantees would receive in-the-money options that appeared to be granted at-the-money. The complaint further alleged that Mr. Byrd was personally involved in falsifying records so that in-the-money options appeared to be granted at-the-money. Mr. Byrd himself received backdated options. As a result, Brocade issued materially false financial statements with the SEC for Brocade's fiscal years 2001 through 2003. Mr. Byrd reviewed these statements and made representations that the reports were accurate.
On or about February 12, 2010, the SEC issued an order as a result of administrative proceedings which suspended Mr. Byrd from appearing or practicing before the SEC as an accountant. Mr. Byrd may request that the SEC consider his reinstatement after three years from the date of the SEC order.
Mr. Byrd failed to report the January 2, 2010 judgment or the February 12, 2010 suspension to the CBA within 30 days, as required by Section 5063 (a)(3) of the Business and Professions Code.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (g), (h), (l), and 5063 (a)(3), (c).
Related Documents:
Calderon Jaham & Osborn An Accountancy Corporation El Cajon CA COR 1075
CBA Actions
Surrender of COR License, via stipulated settlement.
The surrender of Respondent's license and the acceptance of the surrendered license by the Board shall constitute the imposition of discipline against Respondent.
Effective August 30, 2009
Also See:
Cause For Discipline
On December 12, 2007, Respondent consented to the entry of final judgment in a Securities and Exchange Commission (SEC) complaint, without admitting or denying the allegations therein, except as to jurisdiction, which is admitted. The final judgment permanently restrained and enjoined Respondent from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.
In its complaint, the SEC alleged that Respondent, as the independent auditor for the City of San Diego for the fiscal years ended June 30, 2001, and 2002, made false and misleading statements in connection with municipal securities offerings by the city. The specific allegations were that Respondent 1) issued unqualified audit reports for the 2001 and 2002 fiscal years stating that the City of San Diego's financial statements were presented in conformity with generally accepted accounting principles and the audits were performed in accordance with generally accepted auditing standards, when they were not; 2) drafted the footnote disclosures to the city's financial statements in the audit reports, which contained materially false and misleading statements regarding the city's funding of its pension and retiree health care obligations; 3) consented to the City of San Diego including these audit reports in the offering documents for its five 2002 and 2003 municipal securities offerings that raised approximately $261 million from investors.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(b) and (l).
Related Documents:
Caldwell, Milliard C. Cosa Mesa, CA CPA 24276
CBA Actions
Revocation of CPA license, via default decision.
Effective August 27, 2011
Cause For Discipline
Accusation No. AC-2010-35 contains the following allegations:
Mr. Caldwell willfully practiced and held himself out as a Certified Public Accountant when he failed to have a valid license. Mr. Caldwell misappropriated funds or obtained money by false pretenses by cashing two payments for the same service instead of refunding the duplicate payment. Mr. Caldwell failed to respond to inquiries by the CBA, including failing to respond to a subpoena served on him by the CBA. Mr. Caldwell failed to notify the CBA of a change in his address of record.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5100(g) and (k). California Code of Regulations, Title 16, Division 1, §§ 3, 52 (a) and (b).
Related Documents:
Cannon, Sheryl K. Covina, CA CPA 63805
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective November 4, 2007
Also See:
Cause For Discipline
Ms. Cannon failed to complete her client's 2005 tax returns although she repeatedly assured the client that the returns would be completed. Ms. Cannon had been providing tax services to the client since 1990.
Ms. Cannon failed to provide a written response as requested by the Board's Enforcement Division to register her change of address.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c), (g), and (i). California Code of Regulations, Title 16, Division 1, §§ 52 (a) and 3.
Related Documents:
Canova, Antonio Los Altos Hills, CA CPA 52769
CBA Actions
Revocation of CPA license, via decision.
Mr. Canova is required to reimburse the CBA $9,190.21 for its investigation and prosecution costs.
Effective June 27, 2011
Cause For Discipline
Mr. Canova was suspended from appearing or practicing before the Securities and Exchange Commission (SEC) as an accountant. The SEC's complaint alleged that Mr. Canova signed various annual and quarterly reports that were filed with the SEC, and that those reports materially misrepresented Brocade's stock-based compensation expense and income and loss, and made materially false and misleading disclosures and omitted material information about Brocade's stock option practices.
Mr. Canova also failed to timely report the SEC's suspension and the final judgment by the SEC to the CBA.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (g), (h), (l), and 5063 (a)(3), (c).
Related Documents:
Cantrell, Kim Jeffrey Roseville, CA CPA 23561
CBA Actions
License revoked.
Effective September 14, 1994
Cause For Discipline
Respondent failed to timely file tax return for one client and failed to prepare tax returns for two other clients. He also failed to return the clients' records. Further, Respondent took funds from his client and falsely represented that he made payments on client's behalf to the Employment Development Department when, in fact, he deposited the funds in his personal bank account. Respondent failed to respond to Board inquiries regarding complaints on file with the Board. Respondent practiced public accountancy without a valid license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), 5200 (h) and (j), 5050, and 5055. California Code of Regulations, Title 16, Division 1, §§ 54.1, 68, and 87.
Related Documents:
Cappel, Ilse San Diego, CA CPA 48948
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 15, 2004
Cause For Discipline
Ms. Cappel was convicted upon her plea of guilty for conspiracy to commit bank fraud, a felony.
Ms. Cappel is further subject to discipline in that she failed to report the conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a) and (g). California Code of Regulations, Title 16, Division 1, § 5063 (a)(1).
Related Documents:
Carroll, Roland William, Jr. SAN DIEGO, CA CPA 14338
CBA Actions
Surrendered certificate, via stipulated settlement.
Effective April 1, 2005
Cause For Discipline
Accusation No. AC-2005-20 includes charges that Mr. Carroll failed to comply with GAAS and GAAP in discharging his responsibilities as KPMG's co-engagement partner on the audits and reviews of Gemstar during the period June 30, 2000, through March 31, 2002.
Without admitting the specific charges, for the purpose of settlement, Mr. Carroll agrees that the complainant could establish a factual basis for the charges and that those charges, if proven, would constitute cause for discipline. Mr. Carroll does not admit the charges. However, he agrees that should he reapply for licensure, the charges will be deemed admitted.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062 and 5100 (g). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Casey, Kenneth Joseph San Rafael, CA CPA 24836
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective January 6, 1999
Also See:
Casey Kenneth An Accountancy Corporation
Cause For Discipline
Mr. Casey was convicted by a plea of guilty before the United States District Court to 53 counts of tax and bank fraud, which he failed to report to the Board of Accountancy. Respondent, while doing business as Kenneth J. Casey, an Accountancy Corporation, knowingly prepared false income tax returns for clients, different from those filed with the Internal Revenue Service, and he submitted the false income tax returns to clients' banks in connection with loan applications.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a) and (i).
Related Documents:
Casey Kenneth An Accountancy Corporation San Rafael CA COR 3602
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective January 6, 1999
Also See:
Cause For Discipline
Mr. Casey was convicted by a plea of guilty before the United States District Court to 53 counts of tax and bank fraud, which he failed to report to the Board of Accountancy. Respondent, while doing business as Kenneth J. Casey, an Accountancy Corporation, knowingly prepared false income tax returns for clients, different from those filed with the Internal Revenue Service, and he submitted the false income tax returns to clients' banks in connection with loan applications.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a) and (i).
Related Documents:
Cassidy, Carl Randolph Irvine, CA CPA 54698
CBA Actions
Revocation of CPA license, via proposed decision.
Respondent is required to reimburse the CBA $14,001.77 for its investigation and prosecution costs.
Effective March 15, 2011
Cause For Discipline
Mr. Cassidy practiced and held himself out as a Certified Public Accountant (CPA) when he failed to have a valid license, as evidenced by the preparation of income tax returns. Mr. Cassidy's license was expired from at least August 1, 2007, through January 30, 2008, and again from at least August 1, 2009, through September 8, 2010.
From at least September 14, 2007, Mr. Cassidy engaged in acts constituting dishonesty, fraud, gross negligence, or repeated negligent acts by misrepresenting his status as a CPA to client(s) and misrepresenting to a client that its 2008 corporate federal income tax return had been e-filed. The income tax return was never successfully filed with the Internal Revenue Service.
From at least December 2, 2008, and thereafter, Mr. Cassidy knowingly and willfully practiced under the name of "Cassidy & Burton, CPAs", which was not properly registered with the CBA.
Mr. Cassidy advertised or used other forms of solicitation which were false, fraudulent, misleading, or in violation of Business and Professions Code section 17500, by using the unregistered firm name of "Cassidy & Burton, CPAs" and holding himself out as a Certified Public Accountant.
Mr. Cassidy knowingly and willfully failed to respond to inquiries by the CBA and knowingly and willfully submitted untrue statements to the CBA.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5055, 5060, 5100(c) and (g). California Code of Regulations, Title 16, Division 1, §§ 52 (a), (d), and 63.
Related Documents:
Cates, David Edsel Lakewood, CA CPA 18902
CBA Actions
Revocation of CPA certificate.
Effective June 17, 1996
Cause For Discipline
Respondent failed to return client records, despite repeated requests, until the records were subpoenaed by the Division of Investigation.
In addition, Respondent's permit to practice expired on July 1, 1994, due to nonpayment of the requisite renewal fee and for failure to submit evidence of compliance with continuing education regulations.
Respondent improperly maintained an office for the transaction of business as a public accountant; used the title and designation of "Certified Public Accountant"; used the abbreviation of "CPA"; and engaged within the state in the practice of public accountancy and in the capacity of a partner within the partnership practice identified as "Abas, Cates & Company, Certified Public Accountants" without possessing a valid permit to practice public accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5055, 5072 (b), and 5100 (f). California Code of Regulations, Title 16, Division 1, §§ 68, 87(a), 89, and 94.
Related Documents:
Censoprano, Salvatore Foster City CA CPA 58332
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Mr. Censoprano will pay the Board $3,000 for its investigation and prosecution costs prior to its acceptance for consideration of a petition for reinstatement or application for licensure.
Effective August 25, 2006
Reinstated May 1, 2012
Cause For Discipline
Mr. Censoprano admitted that the United States Securities and Exchange Commission (SEC) took enforcement and administrative actions against him, as set forth in the Accusation, and that the SEC actions constitute cause for discipline of his license.
The SEC brought the enforcement action against Mr. Censoprano and others in the matter of SEC v. M&A West, et al. Mr. Censoprano served as Chief Financial Officer of M&A West, Inc. during 1999 and 2000. The SEC alleged in its complaint that Mr. Censoprano participated with others in a fraudulent scheme that resulted in M&A West filing with the SEC materially false and misleading financial statements in 1999 and 2000.
At the conclusion of the SEC actions, Mr. Censoprano was ordered to pay a $250,000 civil penalty and suspended from appearing or practicing before the SEC as an accountant.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (l).
Related Documents:
Ceresa, Richard Arthur Woodbridge, CA CPA 15715
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. Ceresa is required to reimburse the Board $12,685 for its investigation and prosecution costs.
Effective October 20, 2006
Cause For Discipline
On or about May 19, 2003, Mr. Ceresa received $5,000 as an advance payment to prepare the federal and state estate tax returns for the estate of J.L.'s deceased father, and to prepare J.L.'s 2003 income tax return.
For over one year, Mr. Ceresa made numerous representations that the returns were being finalized and that the returns would be sent to J.L. The returns were never prepared nor was the advance payment returned to J.L.
Mr. Ceresa failed to prepare a Form 706 and California ET-1 by the extended due date of August 9, 2004, on behalf of client J.L.
Mr. Ceresa did not return the records of and for the estate of J.L.'s deceased father, despite repeated requests from J.L. and J.L.'s attorney.
Mr. Ceresa did not return J.L.'s personal 2003 income tax returns, despite repeated requests.
Mr. Ceresa failed to respond within 30 days to the Board's inquiry letters dated March 8, 2005, and May 10, 2005.
Mr. Ceresa failed to complete 80 hours of professional education courses no later than 100 days prior to the termination of probation.
Violation(s) Charged
Business and professions Code, Division 3, Chapter 1, § 5037 and 5100 (c), (i) and (k). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.
Related Documents:
Ceresa, Richard Arthur Woodbridge, CA CPA 15715
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Suspension of practice for six months after the CPA certificate is renewed in active status.
Mr. Ceresa shall complete 80 hours of continuing professional education courses (CPE). The CPE shall be in addition to the CPE requirement for relicensing.
Mr. Ceresa 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. Ceresa is required to reimburse the Board $2,968.70 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 21, 2003
Cause For Discipline
Mr. Ceresa admits he was employed to prepare fiscal year-end June 30, 1996-2001, corporate income tax returns for a landscaping company; however, Mr. Ceresa did not prepare them.
Mr. Ceresa did not comply with the company's request to provide copies of records pertaining to its taxes for fiscal years June 30, 1996-2001.
Mr. Ceresa practiced public accountancy with an expired license from May 1, 2001, through April 18, 2002.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5100 (c), and (h).
Related Documents:
Chappell, Ronald Citrus Heights, CA CPA 35198
CBA Actions
License revoked.
Effective September 6, 1995
Cause For Discipline
On July 2, 1992, Respondent's certificate was revoked; revocation was stayed with 3 years probation and 30 days suspension with terms and conditions imposed. During the suspension period, Mr. Chappell practiced as a CPA.
Additionally, Mr. Chappell was grossly negligent in his preparation of two compilation reports for years ending August 31, 1992, and November 30, 1992.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and (f), and 5050. California Code of Regulations, Title 16, Division 1, § 58.3.
Related Documents:
Cheatham, J. Ballard San Diego, CA CPA 13081
CBA Actions
Surrender of CPA Certificate, via stipulated settlement.
Effective March 12, 1998
Cause For Discipline
Respondent admits to the allegations contained in the Accusation; specifically, Respondent admits to performing two audits in a grossly negligent manner. Respondent further admits that he practiced public accountancy as a corporation without the required corporation permit and failed to maintain adequate records of his requisite continuing education documentation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5062, 5100 (c) and (f), and 5150. California Code of Regulations, Title 16, Division 1, §§ 58, 67, 87, and 89.
Related Documents:
Chhay, Heng Bill Alhambra, CA CPA 83718
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Chhay shall reimburse the CBA in the amount of $6,081.87, within one year of the effective date of the Decision. Full payment must be made prior to issuance of a new or reinstated license.
Effective June 28, 2012
Cause For Discipline
Accusation No. AC 2011-15 alleges the following grounds for discipline: Conviction of a crime substantially related to the qualifications, functions, or duties of a certified public accountant, knowingly committed fiscal dishonesty or breached his fiduciary responsibility, embezzlement or misappropriation of funds by fraudulent means, and failure to notify the CBA of the conviction.
On or about March 18, 2010, after pleading nolo contendere, Mr. Chhay was convicted of one felony count of violating Penal Code Section 487, subdivision (a) [grand theft: money/labor/property over $400].
Mr. Chhay was sentenced to serve 180 days in custody, ordered to pay restitution in the amount of $557,116.17 and placed on 36 months of formal probation, with terms and conditions.
The circumstances surrounding the conviction are that on or about June 22, 2007 through May 5, 2008, Mr. Chhay, while an agent, servant, and employee of Empire Companies, unlawfully took from said companies money and personal property of a value exceeding four hundred dollars ($400).
Mr. Chhay failed to report his March 18, 2010 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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 490, 5100(a), 5100 (i), 5100 (k) and 5063. California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Chinn Accountancy Corporation San Francisco CA COR 1250
CBA Actions
Revocation of corporate certificate, via stipulated settlement.
Revocation of Mr. Chinn's individual certificate, revocation stayed with five years' probation, via stipulated settlement.
Mr. Chinn's license is suspended for one year beginning with the effective date of the decision.
Mr. Chinn shall take and pass, with a score of 90 percent or better, a Board-approved ethics examination within the first year of probation.
Mr. Chinn is required to reimburse the Board $6,032.53 for its investigation and prosecution costs.
Mr. Chinn shall comply with the federal order for restitution in the associated federal case.
Other standard terms and conditions of probation.
Effective February 3, 2003
Cause For Discipline
Mr. Chinn pleaded guilty and was convicted of false statements in connection with loan applications in the United States District Court, Northern District of California.
Mr. Chinn's actions involved preparing false and fraudulent financial statements in support of loan and credit applications for a client and for himself from federally insured financial institutions, during the periods 1989-1990 and 1993-1994.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (c), (f), (h), (i), and (j).
Related Documents:
Chisolm, Keri Marie Huntington Beach, CA Applicant
CBA Actions
Upon meeting all pre-licensure requirements, a Certified Public Accountant License will be issued to Ms. Chisolm and immediately revoked. However, the revocation will be stayed and Ms. Chisolm will be placed on five years' probation with the following terms and conditions:
Ms. Chisolm shall successfully complete a rehabilitation program for chemical dependence.
Ms. Chisolm shall completely abstain from the use of psychotropic drugs, including alcohol, unless prescribed.
When requested, Ms. Chisolm shall submit to biological fluid testing at any time during the period of probation.
Other standard terms of probation.
Effective April 28, 2013
Cause For Denial
Statement of Issues No. 2013-9 contains the following allegations:
In 2007, Ms. Chisolm was convicted of driving with a blood alcohol content above .08, a misdemeanor. As a result of the conviction, Ms. Chisolm was granted three years' informal probation. In 2008, Ms. Chisolm’s probation was revoked and Ms. Chisolm was ordered to serve 10 days at the Orange County Jail. In 2011, Ms. Chisolm was again convicted of driving with a blood alcohol content above .08, a misdemeanor. Ms. Chisolm was granted five years informal probation and sentenced to serve 60 days in the Orange County Jail.
Ms. Chisolm committed acts, which if done by a licensee, would be grounds for suspension or revocation of a license.
Ms. Chisolm admits the truth of each and every charge and allegation in the Statement of Issues No. SI-2013-9.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, §§ 475(a)(2), 475(a)(4), 480(a)(1), 480(a)(3)(A); Division 3, Chapter 1, § 5110(a)(4).
Related Documents:
Statement of Issues and Decision
Choi, Dow, Ian, Hong & Lee, CPA's, A Professional Corporation Los Angeles CA COR 4132
CBA Actions
Surrender of COR Certificate, via stipulated surrender.
Effective June 20, 2010
Cause For Discipline
Respondent admits the truth of each and every charge and allegation in Accusation No. AC-2009-19.
On or about July 29, 2008, Respondent was denied the privilege to practice before the United States Securities and Exchange Commission (SEC). The discipline by the SEC resulted from Respondent's issuance of an audit report dated December 2, 2004, when Respondent was not registered with the Public Company Accounting Oversight Board (PCAOB), in violation of Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission's Rules of Practice.
Respondent failed to report to the CBA the occurrence of the SEC instituting administrative proceedings against Respondent on or about September 13, 2007. Respondent also failed to report to the CBA the SEC's imposition of discipline against Respondent on or about July 29, 2008.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h), (l), (g), 5063 (b)(3), and 5063 (a)(3).
Related Documents:
Chuck Anderson, CPA, Inc. Hermosa Beach, CA COR 4283
CBA Actions
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 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:
Cause For Discipline
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.
Violation(s) Charged
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:
Clark, Craig Reid Santa Barbara, CA CPA 21823
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective May 22, 2003
Cause For Discipline
On or about May 7, 2001, in an administrative proceeding before the United States Securities and Exchange Commission (SEC) entitled In the Matter of Craig R. Clark, CPA, Mr. Clark was denied the privilege of appearing or practicing before the SEC as an accountant.
Mr. Clark, in his capacity as CFO and a member of the Board of Directors of Unison Health Care Corporation approved journal entries to increase income during the third quarter of 1996 when in fact the company incurred a loss of approximately $5 million. As a result, the Company's Form 10Q as reported to the SEC was false and misleading.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (g), (h), (i), and (j).
Related Documents:
Colina, Jose M. Santee, CA CPA 57246
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 25, 2002
Cause For Discipline
While on probation, Mr. Colina violated the terms on his probation in that he failed to do the following: submit written reports, cooperate with probation monitoring, and make cost recovery reimbursement payments.
Violation(s) Charged
Mr. Colina violated terms 2, 4, and 9 of the Stipulated Decision and Order effective July 21, 2000.
Related Documents:
Colina, Jose M. Santee, CA CPA 57246
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Probation terms include:
Respondent shall, at his own expense, submit all work papers and reports for any audit, review, or compilation to another licensee for review prior to issuance.
Respondent shall complete 40 hours of CPE as directed by the Board.
Respondent is required to reimburse the Board $3,400 for its investigation and prosecution costs.
Effective July 21, 2000
Cause For Discipline
For purposes of settlement, Respondent admits the truth of each and every allegation of Accusation AC-2000-20. The Accusation alleges that Respondent performed an audit for California Area Local #4635/American Postal Workers Union (APWU). The audit contained material departures from prescribed professional standards.
The Accusation also charges Respondent with holding out as a CPA and engaging in public accounting practice, by performing an audit of the APWU and issuing an independent auditor's report in July 1997, at which time his CPA license was expired.
Respondent also failed to notify the Board of a change of address.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5055, 5062, 5100 (c) and (f); California Code of Regulations, Title 16, Division 1, §§ 3 and 58.
Related Documents:
Contreras, Marcelino David Vallejo, CA CPA 36983
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 24, 2008
Cause For Discipline
Mr. Contreras pled guilty to embezzlement by a public/private officer in violation of Penal Code Section 424, a felony. Mr. Contreras did not report his conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 490, 5100(a) and 5063.
Related Documents:
Cook, Donald Dean San Diego, CA CPA 40170
CBA Actions
License revoked and Respondent must reimburse Board for investigation costs.
Effective January 7, 1995
Cause For Discipline
In December 1991, Respondent was convicted of 32 counts of grand theft;19 counts were for amounts taken in excess of $25,000 and 10 counts were for amounts taken in excess of $100,000.
The acts, which occurred between August 4, 1989, and April 30, 1990, involved Respondent's realty business. Respondent's realty business acted as a third-party "accommodator" in property exchanges and held proceeds for its clients during the transaction. Respondent diverted proceeds to himself and to his other business entities, thus leaving his realty business without funds to close the property transactions.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Copeland, Charles Perry Redlands, CA CPA 28580
CBA Actions
Surrender of CPA license and FNP, via stipulated surrender.
Respondent shall pay the CBA its costs of investigation and prosecution costs in the amount of $8,106 prior to issuance of a new or reinstated license.
Effective April 28, 2013
Also See:
Cause For Discipline
Accusation No. AC-2012-44 contains the following allegations:
On or about October 19, 2011, a final judgment was entered against Respondent by the Securities and Exchange Commission (SEC), permanently enjoining Respondent from future violations of Sections 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, Sections 206(1) and 206(2) of the Investment Advisors Act of 1940. In addition, Respondent was barred from association with any broker, dealer, investment advisor, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.
On or about October 18, 2011, the SEC filed a complaint against Respondent alleging that from 2003 through May 31, 2011, Respondent raised over $60 million from over 100 investors, including many of the Respondent’s tax clients, by selling interests in 23 limited partnerships operated by Respondent’s companies. Throughout the offer and sale of the limited partnerships, Respondent and his companies made material misrepresentations and omissions in the offer, sale, and/or purchase of 21 of the 23 limited partnerships
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(l).
Related Documents:
Copeland, Larry Mack Los Osos, CA CPA 37391
CBA Actions
License revoked, revocation stayed, with three years probation imposed.
Probation terms include suspension for two months; appearances before the Administrative Committee; all audit and review engagements must be reviewed by another CPA at Respondent's expense; reimbursement to the Board for investigation and legal costs; 80 hours of CPE as directed by the Administrative Committee (40 hours of which shall be in addition to those hours normally required for license renewal); and other standard terms of probation.
Effective March 16, 1994
Cause For Discipline
Respondent performed the audit of a community hospital district in a grossly negligent manner. Deficiencies included failure to document his study and evaluation of internal control systems, failure to perform substantive testing of revenues, expenditures, or fixed assets, failure to utilize analytical procedures, failure to properly plan his audit, and failure to document subsequent events testing. Further, Respondent performed a review engagement relative to a pharmacy in a grossly negligent manner.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (g).
Copeland, Larry Mack Morro Bay, CA CPA 37391
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective January 2, 1998
Cause For Discipline
The cause for discipline resulted from Mr. Copeland's failure to comply with probationary conditions. Effective March 16, 1994, Mr. Copeland's license was revoked, revocation was stayed. His certificate was placed on probation for three years pursuant to a Stipulation in Settlement and Decision, in which Mr. Copeland admitted he was subject to discipline for unprofessional conduct in the preparation of audited financial statements, reviewed financial statements, and income tax returns.
Pursuant to the Stipulation, Mr. Copeland's license was placed on probation 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. Copeland was to complete 80 hours of continuing professional education in addition to the hours required for license renewal.
Mr. Copeland violated these terms by late submission of quarterly written reports. Further, he failed to reimburse the Board for its investigation and prosecution costs beyond an initial payment, and failed to complete any of the required continuing education.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100.
Related Documents:
Copeland Group, CPA, The Redlands, CA FNP 764
CBA Actions
Surrender of CPA license and FNP, via stipulated surrender.
Respondent shall pay the CBA its costs of investigation and prosecution costs in the amount of $8,106 prior to issuance of a new or reinstated license.
Effective April 28, 2013
Also See:
Cause For Discipline
Accusation No. AC-2012-44 contains the following allegations:
On or about October 19, 2011, a final judgment was entered against Respondent by the Securities and Exchange Commission (SEC), permanently enjoining Respondent from future violations of Sections 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, Sections 206(1) and 206(2) of the Investment Advisors Act of 1940. In addition, Respondent was barred from association with any broker, dealer, investment advisor, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.
On or about October 18, 2011, the SEC filed a complaint against Respondent alleging that from 2003 through May 31, 2011, Respondent raised over $60 million from over 100 investors, including many of the Respondent’s tax clients, by selling interests in 23 limited partnerships operated by Respondent’s companies. Throughout the offer and sale of the limited partnerships, Respondent and his companies made material misrepresentations and omissions in the offer, sale, and/or purchase of 21 of the 23 limited partnerships.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(l).
Related Documents:
Corso, Stephen P. Las Vegas, NV CPA 70189
CBA Actions
Revocation of CPA license, via default decision.
Effective June 28, 2012
Cause For Discipline
Accusation No. AC-2012-41 contains the following allegations:
Mr. Corso is subject to disciplinary action under Business and Professions (B&P) Code Section 5100, subdivision (a) in that on or about February 20, 2009, in United States of America v. Stephen P. Corso, United States District Court, District of Connecticut, Case No. 3:05CR105 (JCH), Mr. Corso was convicted by his plea of guilty to wire fraud in violation of Section 1343, Title 18, United States Code and for attempted tax evasion in violation of Section 7201, Title 26, United States Code, both felonies. Each of the said crimes are substantially related to the qualifications, functions or duties of a certified public accountant.
The circumstances of Mr. Corso's crimes are that in or about January 1997 Mr. Corso entered into a scheme to defraud and obtain money and property by false and fraudulent pretenses, representations and promises to his tax accounting clients, including but not limited to collection of funds from clients to pay quarterly and annual tax obligations that Mr. Corso never forwarded to the taxing authorities, but instead converted to his personal use without the knowledge, authorization or approval of his clients. Moreover, Mr. Corso prepared, signed and submitted to the taxing authorities false and fraudulent tax returns for clients in his willful attempt to evade income taxes due from such clients.
Mr. Corso is subject to disciplinary action under B&P Code Section 5100, subdivision (h) and (l), in that some time after February 20, 2009, the Securities and Exchange Commission, in the case entitled In the Matter of Stephen P. Corso, Jr., entered an "Order of Forthwith Suspension Pursuant to Rule 102(e)(2) of the Commission's Rules of Practice" suspending Mr. Corso from appearing or practicing before the Commission. The ground of suspension was and is that Mr. Corso was convicted of the crimes alleged above.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(a), (h), and (l).
Related Documents:
Cracchiolo, John Vincent Gardnerville, NV CPA 36115
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective June 20, 2010
Cause For Discipline
Mr. Cracchiolo admits the truth of each and every charge and allegation in Accusation No. AC-2009-36.
CBA's accusation alleges that on or about August 21, 2008, Mr. Cracchiolo was convicted by plea of guilty of violating Title 18, United States Code, Section 1505 for obstructing proceedings before the Securities and Exchange Commission (SEC). In addition, the Accusation alleges that in 2009, (1) the SEC suspended Mr. Cracchiolo from practicing or appearing before the SEC as an accountant, (2) Mr. Cracchiolo engaged in unprofessional conduct by having discipline imposed on him by the SEC, (3) Mr. Cracchiolo failed to timely report to the CBA the SEC's opening of a formal investigation, (4) Mr. Cracchiolo failed to report in writing to the CBA within 30 days of the entry of the SEC civil action judgment, (5) Mr. Cracchiolo failed to report in writing to the CBA the suspension of his right to practice before the SEC as an accountant, (6) Mr. Cracchiolo failed to timely report his felony conviction to the CBA, (7) Mr. Cracchiolo failed to timely report to the CBA of a change of address within 30 days of the change.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490, Division 3, Chapter 1, §§ 5100 (a), 5100 (h), 5100 (l), 5063 (b)(3), 5063 (c)(3), 5063 (a)(3), 5063 (a)(1), 5100 (g). California Code of Regulations, Title 16, Division 1, § 3.
Related Documents:
Craig, Kenneth Nelson Incline Village, NV CPA 21188
CBA Actions
Revocation of probation, vacation of stay, revocation of CPA certificate. Reimburse the Board for investigative and prosecution costs.
Effective June 17, 1996
Cause For Discipline
On November 8, 1988, pursuant to a stipulation, Respondent's certificate was placed on probation.
While on probation, Respondent moved to Hawaii and so informed his clients. While in Hawaii, Respondent was engaged by two of his California clients to handle IRS audits in their behalf. In both cases Respondent was grossly negligent in that he failed to appear before the IRS on behalf of his clients, ultimately resulting in assessments by the IRS. Further, Respondent retained the records of one of these clients for six months after he was requested to return them.
Also while on probation, Respondent performed two audits. Respondent's work evidenced an extreme departure from professional standards in that the auditor failed to document the following: proper planning; study and evaluation of internal control; inquiry of clients attorney; and evaluation of subsequent events; failed to meet current standards of reporting properly report and disclose various items in the financial statements; and exercise due professional care.
Also, while on probation and living in Hawaii, Respondent admitted in a stipulated agreement that he violated Hawaii statutes related to unlicensed practice.
Violation(s) Charged
Business and Professions Code §§ 5037(b), 5062, 5100(c), and 5100(f). California Code of Regulations, Title 16, Division 1, § 68.
Related Documents:
Dale, Edward Rawn Stockton, CA CPA 22576
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Dale is required to reimburse the Board $2,600 for its investigation and prosecution costs.
Other standard terms of probation.
Effective December 26, 2007
Cause For Discipline
Mr. Dale consented to suspension from practice before the Internal Revenue Service (IRS) for an indefinite period commencing November 1, 2005. Mr. Dale's suspension by the IRS resulted from the following actions: Mr. Dale incurred civil trust fund recovery penalties during the tax periods in and between tax period 1999, third quarter, and tax period 2001, second quarter; Mr. Dale failed to deposit and failed to pay penalties for a business tax in and between tax years 1996, second quarter, and tax year 2004, fourth quarter; and, Mr. Dale owed business taxes for tax years 1996 through 2004. Mr. Dale also failed to report his suspension to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h) and 5063 (a)(3).
Related Documents:
Dale, Ronald Hesperia, CA CPA 31743
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective May 1, 1998
Cause For Discipline
On or about April 21, 1995, a citation was issued to Respondent. Respondent failed to comply with the citation. As a result, Respondent's certificate is subject to discipline for unprofessional conduct.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Dameron, William Watsonville, CA CPA 35024
CBA Actions
Revocation of CPA certificate.
Effective September 7, 1996
Cause For Discipline
Respondent was grossly negligent in the preparation of a client's 1991 tax return and breached his fiduciary responsibility to the client by failing to complete the return by its extended August 15, 1992, deadline. In addition, Respondent failed to secure a second extension through October 15, 1992. Respondent did not complete the return until December 1992. Upon filing the late return, the clients incurred late penalties and interest.
Respondent prepared the client's tax return and signed same using his Certified Public Accountant's designation. Respondent's license expired prior to the engagement in November 1, 1991. Respondent failed to renew his license and continued to practice as a Certified Public Accountant without a valid permit.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(c) and (h), 5050 and 5055.
Related Documents:
Dang, Mitchell Quan Winnetka, CA CPA 82283
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Dang shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Mr. Dang is required to reimburse the Board $3,450 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective September 1, 2008
Cause For Discipline
Accusation No. AC-2008-3 contains the following allegations:
Mr. Dang pled no contest to one felony count of second degree commercial burglary. The felony has since been reduced to a misdemeanor. Mr. Dang stole merchandise from a Nordstorm's Rack department store. Mr. Dang failed to report his conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a) and (k), and 5063.
Related Documents:
David M. Winings, An Accountancy Corporation Palm Desert, CA COR 5457
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective June 25, 2009
Also See:
Cause For Discipline
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 from 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.
Violation(s) Charged
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:
David M. Winings, CPA, An Accountancy Corporation Palm Desert CA COR 5457
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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:
David Villanueva & Co. San Jose, CA FNP 739
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 24, 1997
Also See:
Cause For Discipline
Respondent was alleged to have committed gross negligence for extreme departures from professional standards in his performance of two review engagements.
In addition, Respondent practiced public accountancy with an expired permit, failed to maintain records in support of claimed continuing education hours, and practiced using the plural designation "Accountants" when he was a sole practitioner.
Violation(s) Charged
Business and Professions Code, Division 1, Chapter 1, § 118 (b), Division 3, Chapter 1, §§ 5050, 5062, and 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, §§ 66, 87 (a), and 89 (d).
Related Documents:
Davis, Robert W. Oceanside, CA CPA 36561
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Davis' license is suspended for 180 days.
Mr. Davis is required to notify his clients of his license suspension.
Mr. Davis shall take and pass with a score of 90 percent or better a Board-approved ethics examination within 60 days of the date the Board's decision is final.
Mr. Davis shall maintain an active license status.
For Mr. Davis's February 28, 2007, CPA license renewal, he must complete and provide documentation for 24 hours of accounting and auditing continuing education, plus eight hours for fraud and eight hours for ethics, to be completed by February 28, 2010. These hours are in addition to continuing education requirements for relicensing in 2009 and 2011.
For Mr. Davis's February 28, 2005, CPA license renewal, he must provide documentation for completion of 46 hours of continuing education or take add on courses totaling 46 hours to be completed by February 28, 2010. These hours are in addition to continuing education requirements for relicensing in 2009 and 2011.
Cease use of the "CVA" designation on signage, letterhead, business cards or other forms of advertising unless and until membership in the National Association of Certified Valuation Analysts is current and proof has been submitted to the Board.
Mr. Davis is required to reimburse the Board $10,870.95 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective April 27, 2009
Cause For Discipline
The Accusation charged that Mr. Davis was subject to discipline, in that Mr. Davis engaged in the practice of public accountancy subsequent to expiration of his CPA certificate on March 1, 2007; verified on his 2005 renewal application completion of 46 hours of continuing education that could not be confirmed by the course providers; failed to produce copies of certificates of continuing education completion for his 2005 license renewal; engaged in false advertising as a result of continuing to practice with an expired CPA license and continuing to hold out as a Certified Valuation Analyst after his membership was canceled in 2004; failed to respond to written inquiries from the Board; and, willfully violated the Accountancy Act and Accountancy Regulations by his actions as described.
Mr. Davis admits the truth of each charge and allegation in Accusation AC-2008-14.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100 (b), and (g). California Code of Regulations, Title 16, Division 1, §§ 52, 63, and 89.
Related Documents:
Day, Albert Burlingame, CA CPA 10091
CBA Actions
Surrender of CPA Certificate, via stipulated decision.
Effective August 28, 1997
Cause For Discipline
On August 8, 1995, in U.S. District Court for the Eastern District of California, Respondent was convicted after plea agreement of one felony count of conspiring to commit offenses against the United States in the matter of U.S. vs. Albert J. Day (Case No. 95-048-LKK).
Respondent was sentenced to three years' probation and ordered to perform 200 hours of community service for his participation in a scheme conceived by a co-conspirator to defraud four individuals.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Decker, Erin Michal San Francisco, CA CPA 85301
CBA Actions
Surrender of CPA Certificate, via stipulated surrender.
Effective September 4, 2010
Cause For Discipline
Ms. Decker agrees that the charges and allegations in Accusation No. AC-2010-4, if proven at hearing, constitute cause for imposing discipline upon her CPA certificate.
The CBA's accusation includes charges that through Ms. Decker's position as Assistant Controller for Kapor Enterprises, Inc. (KEI), Ms. Decker had access to the personal information of other personnel and company owners and converted benefits in the form of credit card points that should have gone to the credit card holders for her own use and enjoyment.
Although Ms. Decker left the finance function at KEI and moved to a new position at a private foundation, Ms. Decker kept the information and continued to wrongfully convert the benefits of others for her own use and enjoyment. The total amount Ms. Decker received from the conversions was $4,955. After Ms. Decker's wrongdoing was discovered, Ms. Decker reimbursed KEI $4,955.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (i) and (k).
Related Documents:
De Fazio, James P. Carmichael CA CPA 30861
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. De Fazio is required to reimburse the Board $5,568.60 for its investigation and prosecution costs.
Effective January 7, 2008
Cause For Discipline
The Internal Revenue Service (IRS) suspended Mr. De Fazio's right to practice before the IRS for the period from October 1, 2001, through March 31, 2003.
Mr. De Fazio did not report the IRS suspension to the Board.
Mr. De Fazio failed or refused to provide complete information and/or documents in response to a Board subpoena.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (h). California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
Degnan, Daniel Patrick San Jose, CA CPA 32446
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 25, 2002
Cause For Discipline
Mr. Degnan's license expired on February 29, 2000. Mr. Degnan subsequently held himself out as a certified public accountant and provided tax preparation services for clients during 2001 and 2002. Specifically, he completed and provided federal and state personal income tax returns for a client in August 2001, and a federal personal income tax return for a second client in February 2002.Mr. Degnan's practice with an expired license was a repeat violation.
In addition, Mr. Degnan relocated his office in November 2001, but did not report the change of address to the Board within 30 days as required under Section 3 of the Accountancy Regulations.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, and 5100(f). California Code of Regulations, Title 16, Division 1, § 3.
Related Documents:
DeGregorio, Paul J. San Carlos, CA CPA 42517
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective February 27, 2000
Reinstated August 10, 2005
Cause For Discipline
Respondent was issued a citation for engaging in the practice of public accountancy without a valid license. Respondent was ordered to pay a fine and ordered to discontinue the practice of public accountancy until such time that his CPA license was brought to a current status.
After the citation was affirmed, Respondent again was found to be continuing to engage in the practice of public accountancy without a valid license.
In subsequent attempts to reach a proposed stipulated settlement to this new violation, Respondent acted in an unprofessional and fraudulent manner by inserting changes to the stipulation document without notifying the Board's representatives.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100, 5100 (c), (e), (f), and 5120. California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
De Guzman, Rom N. Riverside, CA CPA 38380
CBA Actions
Revocation of CPA certificate and corporate certificate.
Effective May 15, 1996
Also See:
De Guzman Accountancy Corporation CPAs
Cause For Discipline
Respondent admits that on or about April 27, 1995, he was convicted in United States District Court for making false statements within the jurisdiction of a federal agency. The underlying facts are that Respondent knowingly and willfully prepared a false income tax return for an internal revenue undercover operator; and on or about April 28, 1993, Respondent knowingly and willfully forged an IRS form 2848 (Power of Attorney) in the name of a taxpayer whom Respondent neither represented nor had ever met. Respondent admits these acts are substantially related to his qualifications, functions, and duties as a licensee. Respondent neither admits nor denies the remaining allegation that he committed fiscal dishonesty and embezzlement, theft or misappropriation of funds or property, or obtained money or property by forging his client's signature to obtain a credit card for personal use without the client's permission.
Violation(s) Charged
Business and Professions Code §§ 5100, 5100 (a), (f), (h), and (j), and 5156. California Code of Regulations, Title 16, Division 1, § 75.11.
Related Documents:
De Guzman Accountancy Corporation CPAs Riverside CA COR 3467
CBA Actions
Revocation of CPA certificate and corporate certificate.
Effective May 15, 1996
Also See:
Cause For Discipline
Respondent admits that on or about April 27, 1995, he was convicted in United States District Court for making false statements within the jurisdiction of a federal agency. The underlying facts are that Respondent knowingly and willfully prepared a false income tax return for an internal revenue undercover operator; and on or about April 28, 1993, Respondent knowingly and willfully forged an IRS form 2848 (Power of Attorney) in the name of a taxpayer whom Respondent neither represented nor had ever met. Respondent admits these acts are substantially related to his qualifications, functions, and duties as a licensee. Respondent neither admits nor denies the remaining allegation that he committed fiscal dishonesty and embezzlement, theft or misappropriation of funds or property, or obtained money or property by forging his client's signature to obtain a credit card for personal use without the client's permission.
Violation(s) Charged
Business and Professions Code §§ 5100, 5100 (a), (f), (h), and (j), and 5156. California Code of Regulations, Title 16, Division 1, § 75.11.
Related Documents:
DeLap, Richard Lawrence Pacific Grove, CA CPA 13291
CBA Actions
Surrender of CPA Certificate, via stipulated surrender.
Effective May 5, 2010
Cause For Discipline
Amended Accusation No. AC-2010-9 contains allegations that Mr. DeLap while a tax partner at KPMG LLP, participated in employing various means to conceal from the IRS and other taxing authorities fraudulent tax shelters. Respondent's involvement or acquiescence resulted in:
- The failure of KPMG to register the tax shelters.
- The preparation of, or causing to be prepared, false or fraudulent documentation supporting the implementation of the tax shelters.
- The preparation and/or causing to be prepared or participating in the preparation and/or filling of income tax returns that contained the fraudulent tax shelter losses.
Mr. DeLap denies each and every charge and each and every allegation of wrongdoing set forth in the Amended Accusation, but for the purpose of resolving the charges agreed to the stipulated surrender of his CPA Certificate.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Deloitte & Touche LLP Los Angeles, CA PAR 6515
CBA Actions
Suspension of partnership certificate for 30 days via stipulated settlement. However, the suspension is stayed and 18 months probation is imposed with the following terms and conditions:
Respondent shall comply with all the requirements imposed by the PCAOB Order and report such compliance to the CBA.
Respondent shall provide to the CBA copies of its Leadership Oversight Committee minutes within 30 days of preparation.
Respondent shall pay an administrative penalty of $300,000.
Respondent shall disseminate the Stipulated Settlement and Disciplinary Order to all of its professional personnel officed in California within 15 days of the effective date of the order and shall confirm such dissemination in writing to the CBA.
Respondent is required to reimburse the CBA a sum not to exceed $200,000 for its investigation and prosecution costs, including costs of probation monitoring.
Other standard terms of probation.
Effective August 21, 2011
Cause For Discipline
Respondent admits the truth of each and every charge and allegation in Accusation No. AC-2008-20. The accusation contains the following allegations:
On or about December 10, 2007, the Public Company Accounting Oversight Board (PCAOB) imposed disciplinary sanctions against Respondent based on violations of PCAOB auditing standards. Without admitting or denying the findings in the order, Respondent consented to the order that censured Respondent; imposed a $1,000,000 civil penalty; and required Respondent to maintain records in sufficient detail to describe its quality control policies and procedures regarding deployment of its audit partners. In its order the PCAOB found that Respondent failed to appropriately staff its 2003 Ligand Pharmaceuticals, Inc. audit engagement; failed to exercise due professional care in the performance of the audit; and failed to obtain sufficient competent evidential matter to support the opinion expressed in the audit report. Ligand Pharmaceuticals subsequently restated its 2003 financial statements recognizing approximately $59 million less in revenues from product sales (a decrease of approximately 52 percent), and reporting a net loss more than 2.5 times the net loss originally recognized in the audited financial statements.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (l).
Related Documents:
De Simoni, Charles O. Fontana, CA CPA 114136
CBA Actions
Upon meeting all pre-licensure requirements, a Certified Public Accountant license will be issued to Mr. De Simoni and be immediately revoked. However, the revocation will be stayed and Mr. De Simoni will be placed on five (5) years probation. Mr. De Simoni shall follow all standard terms of probation. Decision via stipulated settlement, with admissions.
Effective November 28, 2011
Cause For Denial
Mr. De Simoni completed an application for licensure on May 13, 2011. On July 29, 2011, the CBA denied the application. On October 20, 2011, Statement of Issues No. SI-2012-8 was filed containing the following allegations as grounds for denial:
Mr. De Simoni was convicted of violating 21 U.S.C. Section 952(a), Importation of Heroin into the United States, a felony, on November 20, 1997. The crime was substantially related to the qualifications, functions, and duties of a certified public accountant.
Mr. De Simoni committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or others when he attempted to smuggle five (5) pounds of heroin into the United States.
The CBA also alleged such acts, if done by a licentiate, would be grounds for revocation or suspension of licensure.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 480; Division 3, Chapter 1, § 5110. California Code of Regulations, Title 16, Division 1, §§ 99 and 99.1.
Related Documents:
Statement of Issues and Decision
Diamond, Derrick Hunter Newport Beach, CA CPA 95450
CBA Actions
Via decision after Non-Adoption of Proposed Decision, application for the issuance of a certified public accountant license is granted and immediately revoked. However, the order of revocation is stayed, and Mr. Diamond's license is placed on probation for five years subject to the following conditions of probation:
Must report to the Board within 48 hours of his arrest for any offense.
Must provide a copy of the Board's Decision to any prospective employer before accepting employment as a CPA.
Must not engage in self-employment and solo practice.
Must participate or shall have participated in a drug screening program acceptable to the Board.
Must abstain from the personal use of psychotropic drugs except when lawfully prescribed.
Other standard terms and conditions.
Effective June 30, 2006
Cause For Discipline
On or about July 5, 1995, Mr. Diamond was convicted by plea of guilty to one felony count of receiving stolen property, and one felony count of grand theft auto.
On or about March 29, 1996, Mr. Diamond was convicted by plea of guilty to one misdemeanor count of solicitation to commit a controlled substance crime, and one misdemeanor count of violation of promise to appear in court.
On or about July 16, 1997, Mr. Diamond was convicted after a jury trial of one misdemeanor count of attempted grand theft, one misdemeanor count of fraudulent use of an access card, and one misdemeanor count of acquiring as access card without consent.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 480.
Related Documents:
Diaz, Dawn E. Sangus, CA CPA 50152
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Ms. Diaz is suspended for one year.
Ms. Diaz shall perform 200 hours of community service for the Volunteer Income Tax Assistance Program by April 15, 2008.
Ms. Diaz shall take and pass with a score of 90 percent or better a Board approved ethics course.
Other standard terms of probation.
Effective January 7, 2007
Cause For Discipline
Ms. Diaz admits that the Securities and Exchange Commission (SEC) denied Ms. Diaz the privilege of appearing or practicing before the SEC as an accountant and that the SEC's order constitutes the imposition of discipline or sanctions by the SEC. Ms. Diaz consented to the entry of the SEC's order without admitting or denying the SEC's findings.
Ms. Diaz was employed as the Chief Financial Officer of Rexhall Industries, Inc. from February 2001 to July 2002.
The SEC's order included findings that in preparing Rexhall's financial statements for the first quarter of 2002,
Ms. Diaz was presented with two materially different calculations for raw materials inventory. One calculation was based on a physical inventory count, and the second (higher) calculation was based on a computer model that she designed. Ms. Diaz did not reconcile the two figures, used the higher calculation, and did not bring the discrepancy to the attention of the outside audit firm.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h) and (l).
Related Documents:
Diaz, Joe Refugio San Bernardino, CA CPA 59831
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 29, 2003
Cause For Discipline
Mr. Diaz is subject to disciplinary action for convictions of crimes substantially related to the qualifications, functions and duties of a certified public accountant.
On or about November 8, 2002, Mr. Diaz was convicted on a plea of guilty to one felony count of identity theft.
Mr. Diaz is further subject to disciplinary action in that he failed to report to the Board in writing the occurrence of his criminal conviction within 30 days of his knowledge of the conviction.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490, Division 3, Chapter 1, §§ 5100 (a) and (g), 5063, and 5106.
Related Documents:
DiBenedetto, Joe Paul Corona, CA CPA 73278
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 24, 2008
Cause For Discipline
Mr. DiBenedetto pled guilty to 45 felony charges, including Grand Theft, Falsifying Records, and Fraudulent Computer Access. Mr. DiBenedetto also pled guilty to the felony charge of Filing of False Tax Return.
The plea agreement reflected added enhancements for each charge including that the felony violations included amounts that exceeded $100,000 (related to Grand Theft violation only) and that Mr. DiBenedetto intentionally took, damaged and destroyed property in excess of $150,000 during the commission or attempted commission of the offenses.
Mr. DiBenedetto did not report his convictions to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 490, 5100(a) and 5063.
Related Documents:
Dolanski, Anthony P. Malvern, PA CPA 55148
CBA Actions
Surrendered certificate, via stipulated settlement.
Mr. Dolanski is required to reimburse the Board $2,097 for its investigation and prosecution costs.
Effective January 7, 2007
Cause For Discipline
Mr. Dolanski admits that on or about March 21, 2006, in the Matter of Anthony P. Dolanski, CPA before the Securities and Exchange Commission (SEC), the SEC issued an order suspending Mr. Dolanski from appearing or practicing before the SEC as an accountant for a period of one year.
Mr. Dolanski further acknowledges without making specific admissions that a factual basis exists for imposing discipline in relation to charges in the Accusation that he did not report his suspension by the SEC to the California Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (h) and (l).
Related Documents:
Domantay, Alejandro Doria Philippines CPA 21363
CBA Actions
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:
Alex D. Domantay & Associtates
Cause For Discipline
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.
Violation(s) Charged
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:
Dorfler, Elliott Lewis San Francisco, CA CPA 14696
CBA Actions
License revoked.
Effective March 25, 1995
Cause For Discipline
On or about June 29, 1993, in San Francisco City and Superior Court, Respondent pled guilty to and was convicted of five counts of the violation of grand theft, a felony.
Violation(s) Charged
Penal Code, Title 13, Chapter 5, § 487.1. Business and Professions Code, Division 3, Chapter 1, § 5100(c).
Related Documents:
Dorn, Lawrence Van Ness, II Fort Bragg CA CPA 16939
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 29, 2000
Cause For Discipline
On or about September 21, 1999, Respondent was convicted of a felony (embezzlement) based upon his plea of nolo contendere. As a volunteer board member with a private school, Respondent embezzled school funds.
Respondent was sentenced to 60 months' probation, with 365 days in county jail, and he was ordered to pay restitution of $47,000 with interest to the school.
Respondent failed to report his criminal conviction of felony embezzlement to the Board, as required under Section 5063.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (a).
Related Documents:
Dow, Ernest Eunsuk Los Angeles CA CPA 37413
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Dow shall take and pass with a score of 90 percent or better, a CBA approved ethics examination.
Mr. Dow shall complete 24 hours of additional professional education courses.
Respondents shall maintain an active license status.
Mr. Dow is required to reimburse the CBA $6,500 for its investigation and prosecution costs.
Standard conditions of probation.
Effective June 20, 2010
Also See:
Ernest E. Dow & Co., An Accountancy Corporation
Cause For Discipline
Mr. Dow admits the truth of each and every charge and allegation in Accusation No. AC-2009-22.
On or about July 29, 2008, Respondent's privilege to practice before the United States Securities and Exchange Commission (SEC) as an accountant was censured. The discipline by the SEC resulted from Respondent's issuance of an audit report dated December 2, 2004, when Respondent's firm was not registered with the Public Company Accounting Oversight Board (PCAOB), in violation of Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission's Rules of Practice.
Respondent failed to report to the CBA the occurrence of the SEC instituting administrative proceedings against Respondent on or about September 13, 2007.
Respondent issued the audit report on or about December 2, 2004 when his permit to practice as a Certified Public Accountant was in delinquent status. Respondent's license was in a delinquent status from July 1, 2003 to June 19, 2005.
Respondent also failed to complete sixteen (16) hours of Accounting and Auditing continuing education and six (6) hours of Fraud continuing education in his license renewal period ended June 30, 2007.
Between on or about January 3, 2008, and December 18, 2008, Respondent practiced public accountancy under the unregistered corporate name of Ernest E. Dow & Co., an Accountancy Corporation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (l), 5100 (g), 5063 (b)(3), 5050 (a), and 5060 (b). California Code of Regulations, Title 16, Division 1, §§ 87 (c), 87 (d), and 94.
Related Documents:
Dowling, Stanley Wristen Scotts Valley, CA CPA 15737
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 20, 2006
Cause For Discipline
Mr. Dowling practiced public accountancy during the period his license was expired, from May 1, 2002, until its renewal on August 3, 2005.
Mr. Dowling failed to comply with continuing education course requirements while in the practice of public accountancy and failed to maintain documentation to support completion of continuing education courses.
Mr. Dowling secured his license by fraud, deceit or knowing misrepresentation of a material fact or by knowingly omitting to state a material fact, when he asserted in his renewal application that he had complied with requisite continuing education requirements when in fact he had not complied with the requirements.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 498, 5100 (b)and (g), and 5050. California Code of Regulations, Title 16, Division 1, §§ 5, 52, 87, 89, and 94.
Related Documents:
Downey, Shirlie Irene Escondido, CA CPA 70365
CBA Actions
Revocation stayed with two years' probation, via stipulated settlement.
Ms. Downey shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Ms. Downey shall complete 16 hours of continuing education in addition to the 80 hours required for license renewal.
Ms. Downey is required to reimburse the Board $9,444 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 16, 2008
Cause For Discipline
Accusation No. AC-2007-36 contains the following allegations:
Ms. Downey was grossly negligent in performing tax resolution services for a client. The client's offer in compromise was never received by the IRS and the offer in compromise forms that were prepared by the respondent contained several errors and inconsistencies. After being disengaged by the client, Ms. Downey also continued to receive and access the client's confidential tax information from the IRS using her power of attorney for personal purposes related to a pending civil action with the client.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 and 5100 (c).
Related Documents:
Drummond, Daryl San Diego, CA CPA 9793
CBA Actions
License revoked.
Respondent must reimburse the Board for costs of investigation and prosecution.
Effective August 6, 1995
Cause For Discipline
On July 17, 1992, in the United States District Court for the Southern District of California, Respondent was convicted of two counts of filing false tax returns.
The facts underlying the conviction were on or about August 14, 1985,
Respondent filed an individual income tax return (Form 1040) for the calendar year 1983 wherein Respondent understated gross receipts and sales; and on or about October 15, 1985, Respondent filed an individual income tax return (Form 1040) for the calendar year 1984 wherein
Respondent failed to disclose that he was engaged in the operation of a business activity from which he derived gross receipts or sales and incurred deductions.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490 and Division 3, Chapter 1, § 5100(a).
Related Documents:
Drysdale, Michael C. Los Gatos, CA CPA 26877
CBA Actions
Revocation of CPA Certificate, via stipulated settlement. 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 investigative and prosecution costs.
Effective August 24, 1997
Cause For Discipline
Respondent admits the charges contained in the Accusation. During 1995 and 1996, Respondent was engaged by several small business clients to prepare payroll tax returns and to make timely payroll tax deposits using money entrusted to him by the businesses. Respondent failed to prepare timely payroll tax returns for his clients, failed to make timely payroll tax payments, and failed to account for payroll tax money entrusted to him, resulting in total liabilities for his clients, including deposits not made, penalties, and interest, in excess of $140,000.
Respondent's conduct is charged in the Accusation as gross negligence in the practice of public accountancy and embezzlement, theft, and misappropriation of client funds.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (j).
Related Documents:
Dubin, Robert Perry Sherman Oaks, CA CPA 13296
CBA Actions
Via default decision - Revocation of CPA Certificate.
Effective November 4, 1996
Also See:
Cause For Discipline
On November 11, 1994, Respondent Dubin was convicted, upon a jury verdict, of violating one count of 18 United States Code (U.S.C.) Section 371 (conspiracy), six counts of 18 U.S.C. Sections 152 and 2 (false statement and concealed assets in bankruptcy; aiding and abetting and causing an act to be done), and two counts of 26 U.S.C. Section 7206(1) (false statement on tax return).
The Director of Practice, of the Office of Director of Practice, of the Department of the Treasury, of the United States, brought a complaint against Respondent seeking to disbar him from engaging in practice before the Internal Revenue Service (IRS). On or about January 25, 1993, Respondent executed a Consent to Voluntary Suspension, which prevented him from practicing before the (IRS).
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(a) and (g).
Related Documents:
Dugan, Patrick David Huntington Beach, CA CPA 49647
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Dugan shall pay the CBA its costs of investigation and enforcement in the amount of $10,631.33 prior to issuance of a new or reinstated license.
Effective September 1, 2012
Also See:
Cause For Discipline
First Amended Accusation No. AC-2011-3 alleges the following:
On or about March 30, 2010, after pleading guilty, Mr. Dugan was convicted of one felony count of violating Penal Code Section 487(a) [grand theft] and two felony counts of violating Penal Code Section 186.10(a) [money laundering].
As part of Mr. Dugan's plea agreement, Mr. Dugan stated that on or about and between December 28, 2005 and December 26, 2007, he willfully, unlawfully and fraudulently stole $49,000.00 from the Rotary Club of Los Alamitos and Seal Beach, which had been entrusted to him as their treasurer; Mr. Dugan admitted he unlawfully conducted transactions exceeding $5,000.00 within a seven day period on December 28, 2005 and February 15, 2006...through a financial institution...with the intent to carry on, facilitate, manage and promote criminal activity, knowing the proceeds were derived directly and indirectly from the proceeds of criminal activity, namely grand theft.
Mr. Dugan was sentenced to serve 90 days in custody, ordered to make payment of fines and fees in the amount of $520.00, and placed on 36 months of formal probation.
The facts that led to the convictions were that beginning on or about December 28, 2005, Mr. Dugan began stealing funds while he served as treasurer for the Los Alamitos Rotary Club. In April of 2008, the president and president-elect of the Rotary Club discovered the missing funds, and on or about May 2, 2008, they confronted Mr. Dugan regarding the missing funds. On or about May 5, 2008, Mr. Dugan had replenished the Rotary Club accounts with all the missing funds. On or about May 15, 2008, the president of the Rotary Club reported the matter to the police, and a criminal prosecution followed.
Mr. Dugan also held himself out as a CPA to the public while his license was in an inactive status.
Further, Mr. Dugan failed to report his March 30, 2010 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.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a), (g), (i), (k), 5050, 5121, 5051 and 5063; California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
Dugan & Associates Huntington Beach, CA FNP 1122
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Dugan shall pay the CBA its costs of investigation and enforcement in the amount of $10,631.33 prior to issuance of a new or reinstated license.
Effective September 1, 2012
Also See:
Cause For Discipline
First Amended Accusation No. AC-2011-3 alleges the following:
On or about March 30, 2010, after pleading guilty, Mr. Dugan was convicted of one felony count of violating Penal Code Section 487(a) [grand theft] and two felony counts of violating Penal Code Section 186.10(a) [money laundering].
As part of Mr. Dugan's plea agreement, Mr. Dugan stated that on or about and between December 28, 2005 and December 26, 2007, he willfully, unlawfully and fraudulently stole $49,000.00 from the Rotary Club of Los Alamitos and Seal Beach, which had been entrusted to him as their treasurer; Mr. Dugan admitted he unlawfully conducted transactions exceeding $5,000.00 within a seven day period on December 28, 2005 and February 15, 2006...through a financial institution...with the intent to carry on, facilitate, manage and promote criminal activity, knowing the proceeds were derived directly and indirectly from the proceeds of criminal activity, namely grand theft.
Mr. Dugan was sentenced to serve 90 days in custody, ordered to make payment of fines and fees in the amount of $520.00, and placed on 36 months of formal probation.
The facts that led to the convictions were that beginning on or about December 28, 2005, Mr. Dugan began stealing funds while he served as treasurer for the Los Alamitos Rotary Club. In April of 2008, the president and president-elect of the Rotary Club discovered the missing funds, and on or about May 2, 2008, they confronted Mr. Dugan regarding the missing funds. On or about May 5, 2008, Mr. Dugan had replenished the Rotary Club accounts with all the missing funds. On or about May 15, 2008, the president of the Rotary Club reported the matter to the police, and a criminal prosecution followed.
Mr. Dugan also held himself out as a CPA to the public while his license was in an inactive status.
Further, Mr. Dugan failed to report his March 30, 2010 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.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a), (g), (i), (k), 5050, 5121, 5051 and 5063; California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
E-Fang Accountancy Corporation City of Industry, CA COR 5055
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
The licenses for Ms. Tsai and E-Fang Accountancy Corporation with Ms. Tsai as sole shareholder are suspended for 30 days.
All of the respondents' audit, review and compilation reports and work papers are subject to peer review.
All work papers and draft reports for audit engagement undertaken by the respondents are subject to review by a qualified outside CPA approved by the Board.
Ms. Tsai shall complete 40 hours of additional continuing education courses in accounting and auditing as specified by the Board.
Respondents are required to reimburse the Board $9,948.21 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective December 26, 2008
Also See:
Cause For Discipline
Ms. Tsai and E-Fang Accountancy Corporation with Ms. Tsai as sole shareholder (respondents) admitted to committing gross negligence, violating professional standards, and failing to issue a report in accordance with professional standards in performing an audit of a securities firm for the fiscal year ended December 31, 2005.
The final audit report issued by the respondents varied significantly from the AICPA's professional standards as follows:
- The report contained typographical errors;
- The report failed to give an opinion on various financial statements, including results of operations, and cash flows;
- Supplementary schedules were omitted;
- A supplemental report on internal control was omitted;
- The balance sheet overstated the current asset "Securities Owned at Fair Value" by $540,000 due to the respondents' failure to compute and adjust the book value to fair value for the year ending December 31, 2005.
The Accusation also alleged that the respondents 1) understated the auditee's "current liability account held temporarily for customer" and "current asset account held temporarily for customer" resulting from an improper audit adjustment in the amount of $582,761 and 2) overstated "commission income" and "operating expenses" in the amount of $250,000 for two transactions that were external to the auditee. However, the respondents did not admit to these specific allegations and charges in this stipulated settlement.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Elana M. Mitchell, CPA, Inc. Huntington Beach, CA COR 5229
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 29, 2010
Also See:
Cause For Discipline
Ms. Mitchell and Ms. Mitchell's Firm are subject to disciplinary action for their failure to comply with the CBA's Citations issued on November 14, 2006.
The CBA issued Citations to Ms. Mitchell and Ms. Mitchell's Firm for engaging in the practice of public accountancy without valid permits. Ms. Mitchell's CPA license expired as of February 1, 2007, and the Firm's registration expired as of March 1, 2007. Ms. Mitchell was also cited for failure to respond to the CBA's inquiries. The CBA's Citations required payment of fines of $1,000 by each Respondent. Following Affirmed Citations, Respondents submitted renewal applications that could not be processed without resolving the outstanding fines.
Subsequently, Ms. Mitchell submitted the renewal application and a check for $2,000 to pay the outstanding fines. The check was returned for insufficient funds. The administrative fines assessed remain outstanding.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (g). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Erickson, Jon R. Laguna Beach, CA and Chicago, IL CPA 30744
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective March 8, 1998
Cause For Discipline
During 1993 and until April 1994, Respondent was chief financial officer of Platinum Software Corporation (PSC), a publicly-traded company. Respondent participated in the recording of, or caused to be recorded, transactions for which revenue recognition was improper for the fiscal year ended June 30, 1993, and for the quarters ended September 30, 1993, and December 31, 1993. He signed Form 10-K for the fiscal year ended June 30, 1993, and Form 10-Q for the quarters ended September 30, 1993, and December 31, 1993, with full knowledge that the financial statements included therein incorporated entries that misstated revenues.
On or about June 3, 1996, the Securities and Exchange Commission (SEC) entered an Order whereby, through a settlement offer, it permanently barred Respondent from practice before the SEC and banned him from serving as an officer or director of a publicly-traded company for 10 years.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(g) and (i).
Related Documents:
Ernest E. Dow & Co., An Accountancy Corporation Los Angeles, CA COR 6212
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Dow shall take and pass with a score of 90 percent or better, a CBA approved ethics examination.
Mr. Dow shall complete 24 hours of additional professional education courses.
Respondents shall maintain an active license status.
Mr. Dow is required to reimburse the CBA $6,500 for its investigation and prosecution costs.
Standard conditions of probation.
Effective June 20, 2010
Also See:
Cause For Discipline
Mr. Dow admits the truth of each and every charge and allegation in Accusation No. AC-2009-22.
On or about July 29, 2008, Respondent's privilege to practice before the United States Securities and Exchange Commission (SEC) as an accountant was censured. The discipline by the SEC resulted from Respondent's issuance of an audit report dated December 2, 2004, when Respondent's firm was not registered with the Public Company Accounting Oversight Board (PCAOB), in violation of Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission's Rules of Practice.
Respondent failed to report to the CBA the occurrence of the SEC instituting administrative proceedings against Respondent on or about September 13, 2007.
Respondent issued the audit report on or about December 2, 2004 when his permit to practice as a Certified Public Accountant was in delinquent status. Respondent's license was in a delinquent status from July 1,2003 to June 19, 2005.
Respondent also failed to complete sixteen (16) hours of Accounting and Auditing continuing education and six (6) hours of Fraud continuing education in his license renewal period ended June 30, 2007.
Between on or about January 3, 2008, and December 18, 2008, Respondent practiced public accountancy under the unregistered corporate name of Ernest E. Dow & Co., an Accountancy Corporation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (l), 5100 (g), 5063 (b)(3), 5050 (a), and 5060 (b). California Code of Regulations, Title 16, Division 1, §§ 87 (c), 87 (d), and 94.
Related Documents:
Estrada, Severo " Roy " Camil San Jose, CA CPA 35696
CBA Actions
Surrendered certificate, via stipulated settlement.
Effective January 7, 2007
Cause For Discipline
For the purpose of resolving the charges and allegations in Accusation No. AC-2005-11, Mr. Estrada admits he performed an audit of a foster care provider, regulated by the California Department of Social Services, that was grossly negligent.
The audit report did not conform to professional standards, the financial statements did not include all required disclosures, and the working papers did not have all required documentation.
Mr. Estrada engaged in the practice of public accountancy while his license was in inactive status.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and (g), 5062, and 5050. California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Evans, Drew Wesley South Bend, IN CPA 92055
CBA Actions
Revocation of CPA license, via default decision.
Effective October 27, 2012
Cause For Discipline
Accusation No. AC-2012-48 contains the following allegations:
Mr. Evans was convicted of a crime substantially related to the qualifications, functions and duties of a certified public accountant. On or about October 4, 2011, in a criminal proceeding entitled People v. Drew Evans in the Butte County Superior Court of California, Case Number CM035112, Mr. Evans was convicted by his plea of no contest to embezzlement in violation of Penal Code section 504, a felony, and being under the influence of methamphetamine, a controlled substance, in violation of Health and Safety Code Section 11550(a), a misdemeanor. The circumstances of Mr. Evans's crimes are that on or about September 6 and September 9, 2011, Mr. Evans, while an accountant for Acon Church, fraudulently appropriated money or other personal property of a value exceeding $400.00. On or about September 9, 2011, Mr. Evans unlawfully used and was under the influence of a controlled substance, methamphetamine.
Mr. Evans failed to report his October 4, 2011 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.
Mr. Evans also failed to notify the CBA of a change of address within 30 days and he did not respond to CBA inquiries within 30 days.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (a), (g), (i), (k) and 5063. California Code of Regulations, Title 16, Division 1, §§ 3 and 52.
Related Documents:
Fazio, James Louis Bonita, CA CPA 51182
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Fazio's license is suspended for 9 months.
Mr. Fazio shall at all times maintain an active license status.
Mr. Fazio is required to reimburse the Board $4,019.56 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective September 1, 2008
Cause For Discipline
Mr. Fazio was sanctioned by the Public Company Accounting Oversight Board (PCAOB), an action subjecting his CPA license to discipline. The PCAOB entered the decision and order on December 10, 2007.
Without admitting or denying the findings in the PCAOB Order, Mr. Fazio consented to entry of the Order that barred Mr. Fazio from being an associated person of a registered public accounting firm for at least two years.
In its order, the PCAOB found that Mr. Fazio had violated certain PCAOB auditing standards in regard to auditing the financial statements of Ligand Pharmaceuticals, Inc. for the year 2003. Mr. Fazio was the Deloitte & Touche, LLP partner assigned to the Ligand engagement, responsible for leading the audit engagement team and authorizing the issuance of the audit report.
In conducting the audit, PCAOB later found, among other things, that Mr. Fazio did not adequately assess whether Ligand Pharmaceuticals had the ability to reasonably estimate future product returns. Mr. Fazio did not adequately evaluate the reasonableness of Ligand's estimates of future product returns. Mr. Fazio did not adequately address the subsequent discovery of relevant facts existing at the date of the auditor's report. Mr. Fazio did not identify and appropriately address issues concerning Ligand Pharmaceuticals' exclusion of certain types of returns from its estimates of future returns.
The PCAOB Order disclosed that subsequent to the 2003 Ligand audit, Ligand Pharmaceuticals restated its financial statements for the year 2003, recognizing approximately $59 million less in revenues from product sales than originally reported and reporting a net loss more than 2.5 times the net loss originally recognized in that year.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (l).
Related Documents:
Feldman, Michael A. Calabasas, CA CPA 34597
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective April 21, 2006
Cause For Discipline
Mr. Feldman was convicted on his plea of guilty to grand theft by embezzlement, a felony. Mr. Feldman also was convicted on his plea of guilty to filing a false tax return, a felony.
The circumstances of the first felony conviction are that between January 1, 1999, and August 1, 2001, while Mr. Feldman was a president, manager, and accountant for Lindsey Studios, Inc., he transferred from Lindsey Studios, Inc.'s business checking account to his personal checking account, approximately $380,000 during the period 1999-2001.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (c), (g), (i), (j), and (k). California Code of Regulation, Title 16, Division 1, § 65.
Related Documents:
Felix R. Wasser & Associates, An Accountancy Corporation Los Angeles, CA COR 4602
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (i) and (k).
Related Documents:
Ferguson, Duane F. Upland, CA CPA 34598
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Ferguson is required to reimburse the Board $3,000 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective October 26, 2008
Cause For Discipline
Mr. Ferguson admits the charges in Accusation No. AC-2008-7 which contains the following allegations:
Mr. Ferguson consented to suspension from practice before the IRS for an indefinite period commencing May 1, 2007, with the right to petition for reinstatement after 18 months. Mr. Ferguson's suspension by the IRS resulted from the following actions: Mr. Ferguson failed to timely file his Federal Individual Income Tax Returns for the tax years 2001 through 2004 and was delinquent in satisfying a Federal tax obligation in an amount exceeding $8,600. Mr. Ferguson also failed to timely file his Employer's Quarterly Federal Tax Return for his accounting firm for the period ending September 2005. Mr. Ferguson also had a pattern of untimely payments resulting in tax penalties for failure to deposit and pay taxes for various quarters from December 2001 through June 2005.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h).
Related Documents:
Fiedelman, H. Richard San Rafael, CA CPA 15120
CBA Actions
Surrendered certificate, via stipulated settlement.
Mr. Fiedelman is required to reimburse the Board $5,143 for its investigation and prosecution costs.
Effective April 22, 2005
Cause For Discipline
Amended Accusation No. AC-2004-32 includes a charge that the SEC, in an administration proceeding alleged that Mr. Fiedelman engaged in improper professional conduct in connection with Deloitte and Touche's audit of The North Face, Inc. for the year ended December 31, 1997, and Deloitte's review of The North Face, Inc.'s 10-Q filing for the quarter ended March 31, 1998.
As a result of the above, Mr. Fiedelman was suspended from appearing or practicing as an accountant before the SEC.
Amended Accusation No. AC-2004-32 includes an additional charge that Mr. Fiedelman did not report to the California Board of Accountancy that the SEC informed Mr. Fiedelman of his opportunity to make a "Wells submission."
Solely for purposes of settlement, Mr. Fiedelman understands that at a hearing, a factual basis for the charges in the Accusation could be established and that those charges, if proven, would constitute cause for discipline of his CPA license. Mr. Fiedelman does not admit the charges. However, he understands that in the unlikely event that he should reapply for licensure, the charges are deemed admitted.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, and 5100 (g), (h) and (l).
Related Documents:
Figueredo, Antonio B. San Diego, CA CPA 18399
CBA Actions
License revoked by default decision.
Effective August 6, 1995
Cause For Discipline
On or about October 7, 1992, in Municipal Court in Los Angeles County, Respondent was convicted of one count of grand theft by embezzlement of $69,400.00, a felony.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(a).
Related Documents:
Fiore, Owen G. Kooskia, ID CPA 8367
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 24, 2006
Cause For Discipline
Mr. Fiore pleaded guilty to one felony count of attempting to evade or defeat tax for calendar year 1999. For calendar year 1999, Mr. Fiore understated the business receipts from his law practice in the amount of $473,978 and also failed to report payments from his law partner for the partial sale of his law practice. This understatement resulted in Mr. Fiore reporting federal taxable income of $214,828, rather than the correct federal taxable income of $737,422, and he paid federal income tax of $65,184, rather than the correct federal income tax of $279,604.
Mr. Fiore eventually paid restitution of $626,623, which represented the total amount of federal income taxes alleged to have been evaded for the years 1996, 1997, 1998, and 1999.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (i), and (j).
Related Documents:
Fisher, Candace M. Bella Vista, CA CPA 39018
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective May 2, 1997
Cause For Discipline
Respondent had been appointed by the Tehama County Superior Court to be the trustee of a trust bank account. In her capacity as trustee, she absconded with money from the trust bank account. Respondent was subsequently convicted of grand theft of personal property, a felony.
Respondent's license expired on February 1, 1994; however, she continued to hold out as a CPA. On June 28, 1995, Respondent represented to an undercover operator that she was a licensed CPA.
Violation(s) Charged
Business and Professions Code, Division 1, Chapter 1, §118(b), Division 3, Chapter 1, §§ 5050, 5055, 5100, 5100(c), (h), and (j). California Code of Regulations, Title 16, Division 1, §§ 3, 99, 99(a), and (c).
Related Documents:
Fisher, George Alan San Bruno CA CPA 50369
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Fisher and Fisher & Bagley shall at all times maintain active license status with the Board.
Mr. Fisher shall complete 24 hours of continuing professional education courses (CPE) in audit-related subjects, at least eight hours of which shall include instruction on audits of employee benefit plans. The CPE shall be in addition to the 80 hours required for license renewal.
Prior to release of any audit by Mr. Fisher or Fisher & Bagley, all work papers and audited financial statement for or pertaining to any such audit must be reviewed and approved by an independent certified public accountant approved by the Board or its representatives.
Mr. Fisher and Fisher & Bagley are jointly required to reimburse the Board $6,357 for its investigation and prosecution costs.
Effective October 20, 2006
Also See:
Cause For Discipline
For purposes of settlement, Mr. Fisher admits he was the engagement partner for Fisher & Bagley and participated in the audit of the IES-ESOP for the year ended March 31, 2002, supervising the work of John Edward Baka.
For purposes of settlement, both Mr. Fisher and Fisher & Bagley admit the working paper documentation of the tests performed in support of the audit of the IES-ESOP for the year ended March 31, 2002, was characterized by extreme departures from applicable professional standards, constituting gross negligence and/or repeated acts of negligence.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Fisher & Bagley PAR 3086
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Fisher and Fisher & Bagley shall at all times maintain active license status with the Board.
Mr. Fisher shall complete 24 hours of continuing professional education courses (CPE) in audit-related subjects, at least eight hours of which shall include instruction on audits of employee benefit plans. The CPE shall be in addition to the 80 hours required for license renewal.
Prior to release of any audit by Mr. Fisher or Fisher & Bagley, all work papers and audited financial statement for or pertaining to any such audit must be reviewed and approved by an independent certified public accountant approved by the Board or its representatives.
Mr. Fisher and Fisher & Bagley are jointly required to reimburse the Board $6,357 for its investigation and prosecution costs.
Also See:
Cause For Discipline
For purposes of settlement, Mr. Fisher admits he was the engagement partner for Fisher & Bagley and participated in the audit of the IES-ESOP for the year ended March 31, 2002, supervising the work of John Edward Baka.
For purposes of settlement, both Mr. Fisher and Fisher & Bagley admit the working paper documentation of the tests performed in support of the audit of the IES-ESOP for the year ended March 31, 2002, was characterized by extreme departures from applicable professional standards, constituting gross negligence and/or repeated acts of negligence.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Fitzpatrick, Pamela Anne Porterville, CA CPA 64992
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Ms. Fitzpatrick's license is suspended for 45 days.
Ms. Fitzpatrick shall maintain an active license status.
Ms. Fitzpatrick shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Ms. Fitzpatrick shall comply with the Board's procedures regarding notification to clients of suspension from practice.
Ms. Fitzpatrick is required to reimburse the Board $4,931.75 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 16, 2008
Also See:
Fitzpatrick Professional Accountancy, LLP
Cause For Discipline
Ms. Fitzpatrick admits that on or about November 14, 2005, she was suspended from practice before the Internal Revenue Service (IRS) for a period of 48 months. Ms. Fitzpatrick admits that she failed to notify the Board of her suspension from practice before the IRS.
Also, as a partner of Fitzpatrick Professional Accountancy, LLP, Ms. Fitzpatrick admits that her suspension from practice before the IRS subjects the partnership's certificate to discipline.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (h) and 5101.
Related Documents:
Fitzpatrick Professional Accountancy, LLP Porterville, CA PAR 6986
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Ms. Fitzpatrick's license is suspended for 45 days.
Ms. Fitzpatrick shall maintain an active license status.
Ms. Fitzpatrick shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Ms. Fitzpatrick shall comply with the Board's procedures regarding notification to clients of suspension from practice.
Ms. Fitzpatrick is required to reimburse the Board $4,931.75 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 16, 2008
Also See:
Cause For Discipline
Ms. Fitzpatrick admits that on or about November 14, 2005, she was suspended from practice before the Internal Revenue Service (IRS) for a period of 48 months. Ms. Fitzpatrick admits that she failed to notify the Board of her suspension from practice before the IRS.
Also, as a partner of Fitzpatrick Professional Accountancy, LLP, Ms. Fitzpatrick admits that her suspension from practice before the IRS subjects the partnership's certificate to discipline.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (h) and 5101.
Related Documents:
Frantz, Mark Allan Visalia, Ca CPA 72757
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Frantz's license is suspended for 120 days.
Mr. Frantz shall complete 24 hours of continuing education in addition to the 80 hours required for renewal.
Mr. Frantz shall complete four hours of ethics continuing education.
Mr. Frantz shall reimburse the CBA in the amount of $4,000 for its investigation and prosecution costs.
Mr. Frantz shall maintain an active license.
Other standard terms of probation.
Effective March 3, 2013
Cause For Discipline
Accusation No. AC-2012-43 contains the following allegations:
On or about September 6, 2011, Mr. Frantz was convicted by his plea of guilty to a charge of violating Title 26 United States Code section 7206(2), Aiding and Assisting in the Preparation of False Income Tax Returns, a felony, in a case captioned United States of America v Mark A. Frantz, Case No. 1:10-cr-00228 in the United States District Court for the Eastern District of California. Mr. Frantz was sentenced to serve 36 months probation and pay a $3,000 fine and $100 assessment. As part of probation, Mr. Frantz was ordered to serve 365 days of home confinement.
The circumstances underlying the conviction are that in or about April 2004 Mr. Frantz willfully aided in the preparation of several U.S. Individual Income Tax Returns for calendar year 2003 that were false and fraudulent as to material matters. The returns represented that the taxpayers were entitled to claim deductions that Mr. Frantz knew the taxpayers were not entitled to claim. The false deductions amounted to $37,297 in additional tax owed by the taxpayers.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a) and (j).
Related Documents:
Fray, William Alan San Diego, CA CPA 30496
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective March 8, 1998
Reinstated March 31, 2000
Cause For Discipline
On or about April 3, 1996, a citation was issued to Respondent. Respondent failed to comply with the citation. As a result, Respondent's certificate was subject to discipline for unprofessional conduct.
Violation(s) Charged
Business and Professions Code § 5100(f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Frazer, LLP, Formerly Known as Moore Stephens Wurth Frazer and Torbet, LLP Brea, CA PAR 6172
CBA Actions
Revocation stayed with three years’ probation, via stipulated settlement.
Respondent shall pay the CBA’s investigative and prosecution costs in the amount of $6,763.54.
Within 15 days of the effective date of this Order, Respondent shall disseminate this Stipulated Settlement and Disciplinary Order to all of its professional personnel officed in California.
Respondent shall undergo a peer review by a Board-approved peer review program provider. The peer review shall be completed by May 31, 2014.
Prior to March 31, 2014, Respondent shall provide two eight-hour training courses for its accountants engaged in audit practice, who are officed in California, in the subject matter of auditing. For those accountants who attend, the training shall not be counted towards the CBA’s continuing education requirements.
Respondent shall comply at all times with the Order issued by the SEC.
Other standard terms of probation.
Effective April 28, 2013
Cause For Discipline
Accusation No. AC-2012-12 contains the following allegations:
In December 2010, Respondent was censured and issued a cease and desist order by the Securities and Exchange Commission (SEC). The SEC Order required Respondent to pay disgorgement of its audit fee in the amount of $100,000 and to pay prejudgment interest in the amount of $29,500. The discipline arose from the Respondent’s improper professional conduct in connection with annual audits and quarterly reviews of financial statements in 2004 and 2005 of China Energy Savings Technology, Inc. (China Energy), Respondent’s client. China Energy materially overstated its Earnings Per Share in its 2004 annual report and materially overstated its revenues and net income in its 2005 annual report and two quarterly reports. Respondent failed to conduct the relevant audits and reviews in accordance with the standards and rules of the Public Company Accounting Oversight Board. Although Respondent determined that the client engagement involved high risks, Respondent did not exercise professional skepticism and due professional care, and Respondent otherwise violated professional standards. Respondent issued unqualified audit opinions, which were included in the client’s fiscal year 2004 and 2005 annual reports.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (l) and 5101.
Related Documents:
Freeman, Jeffrey William Los Angeles, CA CPA 68714
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement.
Mr. Freeman shall maintain an active license status.
Mr. Freeman shall undergo and continue treatment by a licensed psychotherapist approved by the CBA.
Mr. Freeman shall reimburse the CBA in the amount of $10,219.67 for its investigation and prosecution costs.
Other standard terms of probation.
Effective June 28, 2012
Cause For Discipline
Accusation No. AC 2011-13 alleges the following: Mr. Freeman is subject to disciplinary action in that Mr. Freeman has been convicted of crimes substantially related to the qualifications, functions, or duties of a certified public accountant and for unprofessional conduct.
On or about August 12, 2010, after pleading nolo contendere, Mr. Freeman was convicted of one felony count of violating Penal Code Section 311.11(a) [possession of matter depicting minor engaging in sexual conduct] and one misdemeanor count of violating Penal Code Section 314.1 [indecent exposure].
Mr. Freeman was sentenced to 364 days in custody starting October 1, 2010, ordered to attend a 52-week Sex Offender Program, register as a sex offender pursuant to Penal Code 290.3 and placed on formal probation for a period of five (5) years with certain terms and conditions.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 and 5100(a). California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Frlekin, Stephen A. El Segundo, CA CPA 29811
CBA Actions
Revocation of CPA license, via default decision.
Effective March 3, 2012
Cause For Discipline
Accusation No. AC-2011-10 contains the following allegations:
On or about December 4, 2009, after pleading guilty with admissions to enhancements of Penal Code section 186.11(a)(2) [aggravated white collar crime - over $500,000], Mr. Frlekin was convicted of 152 felony counts, one count violating Penal Code sections 487(a)/508 [embezzlement by employee], 48 separate counts violating Penal Code section 502(c)(1) [computer access and fraud] and 103 separate counts violating Penal Code section 186.10(a) [money laundering] in the criminal proceeding entitled The People of the State of California v. Stephen Anthony Frlekin (Super. Ct. Orange County, 2009, No. 09ZF0075FA). The Court sentenced Mr. Frlekin to 12 years in prison, and ordered him to pay $2,663,600 in restitution.
The circumstances underlying the conviction are that on or about December 1, 2007, through on or about June 25, 2008, Mr. Frlekin embezzled large sums of money from his employer, Veterinary Pet Insurance Company (VPI), by making monetary wire-transfers of VPI funds to various international bank accounts.
Mr. Frlekin failed to report his conviction to the CBA within 30 days as required.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a), (i), (k), (g) and 5063.
Related Documents:
Galati, Rose Ann Thousand Oaks, CA CPA 34613
CBA Actions
License revoked by default decision.
Effective September 7, 1995
Cause For Discipline
Between March and September 1993, the Respondent abandoned her public accounting practice without notification to her clients and without completing the tax work she had been engaged to perform for five clients.
Further, the Respondent breached her fiduciary responsibility in that she ignored attempts by her clients to contact her, and she retained her client's source documents. The Respondent also failed to notify the Board of Accountancy of her address change, which is required by law.
Violation(s) Charged
Business and Professions Code §§ 5100(c), (h), (f), and 5037. California Code of Regulations, Title 16, Division 1, §§ 3, 60, and 68.
Related Documents:
Garner, Darrow Craig Austin, TX California Practice Privilege
CBA Actions
Surrender of California Practice Privilege, via stipulated settlement.
Mr. Garner shall lose all rights and privileges to practice as a CPA in California.
Mr. Garner shall not reapply or seek reinstatement of a California Practice Privilege, or licensure as a CPA, in the State of California.
Mr. Garner is required to reimburse the Board $3,971.50 for its investigation and prosecution costs.
Effective April 27, 2009
Cause For Discipline
On or about July 10, 2007, Mr. Garner submitted a Notification and Agreement to Conditions for the Privilege to Practice Public Accounting in California. Mr. Garner certified under penalty of perjury that the information contained in the Notification and Agreement was true and correct. Mr. Garner stated that he qualified for a California Practice Privilege based on having a current, valid license to practice public accountancy from the State of Texas, License No. 017173, the State of Tennessee, License No. 19411, and the State of Alabama, License No. 10401-R. On or about July 11, 2007, the Board issued a Practice Privilege Unique Identifier Number YO90659 to Mr. Garner.
Mr. Garner's California Practice Privilege was suspended pursuant to Board Administrative Order No. 2008-1-PP, as of June 25, 2008 as a result of the Board's discovery of misrepresentations in Mr. Garner's California Practice Privilege application, and conditions that would disqualify Mr. Garner from holding a California Practice Privilege. Mr. Garner submitted a Notice of Appeal, contesting the Administrative Suspension of his California Practice Privilege on or about July 25, 2008. Mr. Garner's California Practice Privilege and the Administrative Suspension expired on or about July 11, 2008.
On August 8, 2008, the Accusation and Statement of Issues was filed based on the misrepresentations in Respondent's California Practice Privilege application, and conditions that would disqualify Mr. Garner from holding a California Practice Privilege.
Accusation and Statement of Issues No. AC-2008-24 contains allegations that Mr. Garner secured his California Practice Privilege by fraud and deceit, or knowing misrepresentation of a material fact. Specifically, Mr. Garner failed to disclose on his application that he was previously disciplined by the Texas Board, was under investigation, or was subject to pending inquiries or proceedings before the Texas Board, and that he had a judgment greater than $30,000 against him.
Mr. Garner does not admit nor deny the charges in the Accusation and Statement of Issues. However, he agrees that the charges and allegations, if proven at hearing, would constitute cause for administratively suspending, and imposing discipline upon his California Practice Privilege.
Violation(s) Charged
Business and Professions Code, Sections 5096.3, subdivisions (a), and 5100, subdivision (d), in conjunction with 5096, subdivisions (g)(1) and (g)(2)(B).
Business and Professions Code, Section 5096.3, subdivision (a), 5100, subdivision (b) and 498, in conjunction with Code Section 5096, subdivisions (g)(1), (g)(2)(B), (g)(2)(C) and (g)(2)(D).
Business and Professions Code, Sections 5096.3, subdivision (a), and 5096, subdivisions (g)(2)(B) and (g)(2)(D), in conjunction with California Code of Regulations, Title 16, Section 32.
Related Documents:
Garrett, Jack Elliot West Hills, CA CPA 31382
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Garrett's license is suspended for one year.
Mr. Garrett shall complete 24 hours of continuing education in addition to the 80 hours required for license renewal.
Mr. Garrett shall take an approved ethics course.
Mr. Garrett is required to reimburse the CBA $5,414.08 for its investigation and prosecution costs.
Other standard terms of probation.
Effective December 24, 2010
Cause For Discipline
Accusation No. AC-2010-22 contains the following allegations:
Mr. Garrett, on or about June 22, 2009, plead guilty in the United States District Court Central District of California, in the case United States of America v. Jack E. Garrett, Case No. CR-08-00492-GHK, to one felony violation of 26 U.S.C. § 7206(2) (Aiding and Assisting Preparation of a False Tax Return).
The circumstances of the crime are that Respondent falsely understated tax due on a tax return in the name of R.S. for the taxable year 1999 by falsely characterizing a partnership loss as a non-passive loss based upon material participation by R.S. in the partnership, thereby falsely understating the tax liability of R.S. by $12,194. Respondent knew and believed that R.S. had not materially participated in the partnership and was not entitled to claim the partnership loss as non-passive. In addition to the above conduct, Respondent signed seven other tax returns for R.L., R.S., and H.F. that he knew also falsely characterized a Form Schedule E loss as non-passive, rather than passive. The total amount of tax loss associated with Respondent's preparation and signing of these false returns was determined to be $357,906.00. Respondent was sentenced to three years' probation, home detention for one year, and 60 hours of community service. Respondent was also ordered to pay restitution in the amount of $357,906.00.
Respondent is subject to discipline pursuant to Code section 5063, subdivision (a)(1), in that Respondent failed to report to the California Board of Accountancy (CBA) in writing within thirty (30) days, his conviction of a felony.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490, Division 3, Chapter 1, § 5063 and 5100 (a).
Related Documents:
Garth E. Greer CPA, A Professional Corporation Visalia CA COR 2651
CBA Actions
Revocation of CPA and COR Certificates, via default decision.
Effective October 28, 1998
Also See:
Cause For Discipline
Mr. Greer was grossly negligent in failing to prepare a client's federal corporate income tax returns for 1994 and 1995, and upon demand failed to return the client's accounting records for 1994 and 1995. After the expiration of his permit to practice, Respondent continued to hold himself out as an active CPA, and he failed to appear before the Administrative Committee.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b), 5050, and 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, §§ 52.1 and 68.
Related Documents:
George L. Hukriede Accountancy Corporation Westminster CA COR 1794
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 30, 2009
Cause For Discipline
Respondent George L. Hukriede Accountancy Corporation's (Respondent Corporation) permit expired on August 1, 2005. In a prior Board action, the Board revoked the individual CPA license of Mr. Leslie George Hukriede, Jr. effective April 29, 2007, for practicing without a permit and using a name not registered with the Board, among other violations. On or about February 19, 2008, Respondent Corporation engaged in the practice of public accountancy without a valid permit. Mr. Hukriede prepared a review report for Holiday Park Homeowners Association under the firm name of George L. Hukriede Accountancy Corporation. Therefore, Respondent Corporation continued to practice public accountancy without a valid permit after the expiration of the corporation permit.
Respondent Corporation is also subject to discipline in that Respondent Corporation had an unlicensed corporate officer, Mr. Hukriede, the sole owner of Respondent Corporation, in violation of section 5154, and by failing to comply with a citation order issued to Respondent Corporation for previous violations of the practice of public accountancy without a valid permit.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100, 5100 (g), and 5154.
Related Documents:
Giesecke, John Marshall, Jr. Malibu Lake, CA CPA 58762
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective April 1, 2004
Cause For Discipline
On September 25, 2002, Mr. Giesecke was convicted on his plea of guilty to securities fraud, making false statements in a filing with the Securities and Exchange Commission; knowingly falsifying books, records, and accounts; and making or causing to be made materially false and misleading statements to outside auditors, all felony charges.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a), (c), (i), and (j).
Related Documents:
Gladstein, Stuart David Los Angeles, CA CPA 33362
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Gladstein is required to complete 24 hours of continuing education in addition to the 80 hours required for license renewal.
Respondents are required to maintain an active license status.
Mr. Gladstein is required to take and pass with a score of 90 percent or better a CBA approved ethics examination.
Respondents are required to reimburse the CBA $8,919.34 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective October 29, 2010
Also See:
Cause For Discipline
The first Amended Accusation No. AC-2009-25 contains the following allegations:
Mr. Gladstein reported to the CBA that he had completed the required 80 hours of continuing education needed for license renewal on his January 31, 2008 license renewal form. During the investigation, Mr. Gladstein was unable to document completion of 80 hours of continuing education.
Mr. Gladstein failed to obtain certificates of completion for courses taken during his January 31, 2006 license renewal period. Mr. Gladstein failed to comply with the CBA's basic requirements for completing 80 hours of qualifying continuing education prior to the January 31, 2008 expiration of his license. Mr. Gladstein did not complete the eight hours of professional conduct and ethics course until December 4, 2008.
Mr. Gladstein held himself out as CPA in letterhead and business cards while providing services to his clients during the period of February 1, 2008 through December 1, 2008, when his certificate was in a delinquent status.
Mr. Gladstein practiced under the unregistered corporate name, "Gladstein CPA, A Professional Corporation" since January 26, 2001 and held out his services on his Internet Web site with the same firm name. Mr. Gladstein did not register the corporation with the CBA until April 29, 2009.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 5, § 498; Division 3, Chapter 1, §§ 5050, 5051, 5055, 5060, 5100 (b) and (g). California Code of Regulations, Title 16, Division 1, §§ 87, 88, 89 and 94.
Related Documents:
Gladstein CPA Los Angeles, CA COR 6265
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Gladstein is required to complete 24 hours of continuing education in addition to the 80 hours required for license renewal.
Respondents are required to maintain an active license status.
Mr. Gladstein is required to take and pass with a score of 90 percent or better a CBA approved ethics examination.
Respondents are required to reimburse the CBA $8,919.34 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective October 29, 2010
Also See:
Cause For Discipline
The first Amended Accusation No. AC-2009-25 contains the following allegations:
Mr. Gladstein reported to the CBA that he had completed the required 80 hours of continuing education needed for license renewal on his January 31, 2008 license renewal form. During the investigation, Mr. Gladstein was unable to document completion of 80 hours of continuing education.
Mr. Gladstein failed to obtain certificates of completion for courses taken during his January 31, 2006 license renewal period. Mr. Gladstein failed to comply with the CBA's basic requirements for completing 80 hours of qualifying continuing education prior to the January 31, 2008 expiration of his license. Mr. Gladstein did not complete the eight hours of professional conduct and ethics course until December 4, 2008.
Mr. Gladstein held himself out as CPA in letterhead and business cards while providing services to his clients during the period of Feburary 1, 2008 through December 1, 2008, when his certificate was in a delinquent status.
Mr. Gladstein practiced under the unregistered corporate name, "Gladstein CPA, A Professional Corporation" since January 26, 2001 and held out his services on his Internet Web site with the same firm name. Mr. Gladstein did not register the corporation with the CBA until April 29, 2009.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 5, § 498; Division 3, Chapter 1, §§ 5050, 5051, 5055, 5060, 5100 (b) and (g). California Code of Regulations, Title 16, Division 1, §§ 87, 88, 89 and 94.
Related Documents:
Gladstein CPA Los Angeles, CA FNP 2218
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Gladstein is required to complete 24 hours of continuing education in addition to the 80 hours required for license renewal.
Respondents are required to maintain an active license status.
Mr. Gladstein is required to take and pass with a score of 90 percent or better a CBA approved ethics examination.
Respondents are required to reimburse the CBA $8,919.34 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective October 29, 2010
Also See:
Cause For Discipline
The first Amended Accusation No. AC-2009-25 contains the following allegations:
Mr. Gladstein reported to the CBA that he had completed the required 80 hours of continuing education needed for license renewal on his January 31, 2008 license renewal form. During the investigation, Mr. Gladstein was unable to document completion of 80 hours of continuing education.
Mr. Gladstein failed to obtain certificates of completion for courses taken during his January 31, 2006 license renewal period. Mr. Gladstein failed to comply with the CBA's basic requirements for completing 80 hours of qualifying continuing education prior to the January 31, 2008 expiration of his license. Mr. Gladstein did not complete the eight hours of professional conduct and ethics course until December 4, 2008.
Mr. Gladstein held himself out as CPA in letterhead and business cards while providing services to his clients during the period of February 1, 2008 through December 1, 2008, when his certificate was in a delinquent status.
Mr. Gladstein practiced under the unregistered corporate name, "Gladstein CPA, A Professional Corporation" since January 26, 2001 and held out his services on his Internet Web site with the same firm name. Mr. Gladstein did not register the corporation with the CBA until April 29, 2009.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 5, § 498; Division 3, Chapter 1, §§ 5050, 5051, 5055, 5060, 5100 (b) and (g). California Code of Regulations, Title 16, Division 1, §§ 87, 88, 89 and 94.
Related Documents:
Glasshagel, Glenn E. El Toro, CA CPA 59093
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective November 3, 2007
Cause For Discipline
Mr. Glasshagel was suspended from appearing or practicing before the SEC as an accountant. Without admitting or denying the findings, Mr. Glasshagel consented to entry of the SEC order.
The order resulted from Mr. Glasshagel's action as the Principal Financial Officer and Principal Accounting Officer for Roadhouse, a NASDAQ company. Mr. Glasshagel made or directed others to make adjustments to Roadhouse's accounting records that he knew were false, or was reckless in not knowing they were false.
Mr. Glasshagel made accounting adjustments to materially reduce Roadhouse's expenses and materially inflate its net income to artificially achieve earnings targets set for Roadhouse.
As a result, Roadhouse's financial statements were not prepared in conformity with Generally Accepted Accounting Principles. Roadhouse's financial statements were subsequently restated, causing a decline in stock price of more than 55 percent.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h), (l), (g), and 5063 (a)(3).
Related Documents:
Goedde, Ronald James Davis, CA CPA 24694
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement.
Mr. Goedde's license is suspended for three years.
Mr. Goedde shall take and pass with a score of 90 percent or better a Board approved ethics examination.
Mr. Goedde is required to reimburse the Board $2,850 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective February 24, 2008
Cause For Discipline
Accusation No. AC-2007-54 contains the following allegations:
Mr. Goedde was suspended from appearing or practicing before the Securities and Exchange Commission as an accountant on or about October 20, 2006. Mr. Goedde failed to report his suspension to the Board and also failed to report the SEC's notice requesting a Wells Submission on May 9, 2005.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h), (l), (g), and 5063.
Related Documents:
Gonzalez, Cristian Salinas, CA Applicant
CBA Actions
Upon meeting all pre-licensure requirements, a Certified Public Accountant License will be issued to Mr. Gonzalez and immediately revoked. However, the revocation will be stayed and Mr. Gonzalez will be placed on five (5) years' probation with the following terms and conditions:
Mr. Gonzalez shall complete four hours of continuing education in ethics.
Other standard terms of probation.
Effective April 28, 2013
Cause For Denial
Statement of Issues No. SI-2013-17 contained the following allegations:
On or about April 11, 2006, Mr. Gonzalez, pled no contest to and was convicted of violating California Penal Code Section 487(a) (grand theft), a misdemeanor. The circumstances surrounding the conviction were that Mr. Gonzalez, while working for Sears in San Luis Obispo, California, stole a big screen television and a home entertainment system. Mr. Gonzalez stole the television by running the purchase through a customer’s account, obtaining the receipt, picking up the television in the warehouse, and then running the same transaction through as a return so that the customer did not receive a charge on their statement. Mr. Gonzalez stole the home entertainment system by processing several fictitious returns in the shoe department for store credit, obtaining gift cards, and then purchasing the home entertainment system using the gift cards.
Mr. Gonzalez committed acts, which if done by a licensee, would be grounds for discipline.
Mr. Gonzalez admits the truth of each and every charge and allegation in Statement of Issues No. SI-2013-17.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 480(a); Division 3, Chapter 1, §§ 5100(a), (k), and 5110(a). California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Statement of Issues and Decision
Goodell, John Louis Sacramento, CA CPA 35366
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Goodell shall at all times maintain an active license status with the Board.
Mr. Goodell shall complete 24 hours of continuing professional education, which are in addition to his regular 80-hour renewal requirement.
Mr. Goodell is required to reimburse the Board $18,000 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective April 28, 2008
Cause For Discipline
For purposes of settlement, Mr. Goodell admits that he was engaged to perform the audit of Marin Schools Insurance Authority (MSIA), a Joint Powers Agency. In his capacity as audit engagement partner, Mr. Goodell committed acts of gross negligence by failing to comply with applicable professional standards in the following respects:
Mr. Goodell failed to adequately plan the audit or properly supervise his assistants.
Mr. Goodell relied upon outdated and/or inadequate information to calculate MSIA's liability for workers' compensation claims as well as vision and dental claims resulting in his acceptance of financial statements that included an understatement of liabilities of approximately $5.1 million.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Gordin, Clark William Modesto, CA CPA 22016
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective March 1, 2002
Also See:
Gordin Accountancy Corporation
Cause For Discipline
For purposes of the Board's proceeding, Respondent admits that he was convicted of a crime substantially related to the practice of public accountancy, and that the two audit engagements he performed of the financial statements of Sundial Financial Services, Inc. were grossly negligent.
On or about October 5, 2000, Respondent was convicted of misprision of felony, pursuant to a guilty plea in the United States District Court, Eastern District of California.
Respondents were grossly negligent in their audits of financial statements of Sundial Financial Services, Inc. for the periods ended January 30, 1998 and August 31, 1998. The audits contained extreme departures from generally accepted accounting principles and generally accepted auditing standards.
Specifically, Respondents failed to obtain sufficient competent evidential matter regarding the ownership rights and valuation of investments, failed to modify their audit report for departures from generally accepted accounting principles and failed to exercise due professional care in the performance of the audits.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (c), and (f). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Gordin Accountancy Corporation Modesto CA COR 4335
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective March 1, 2002
Also See:
Cause For Discipline
For purposes of the Board's proceeding, Respondent admits that he was convicted of a crime substantially related to the practice of public accountancy, and that the two audit engagements he performed of the financial statements of Sundial Financial Services, Inc. were grossly negligent.
On or about October 5, 2000, Respondent was convicted of misprision of felony, pursuant to a guilty plea in the United States District Court, Eastern District of California.
Respondents were grossly negligent in their audits of financial statements of Sundial Financial Services, Inc. for the periods ended January 30, 1998 and August 31, 1998. The audits contained extreme departures from generally accepted accounting principles and generally accepted auditing standards.
Specifically, Respondents failed to obtain sufficient competent evidential matter regarding the ownership rights and valuation of investments, failed to modify their audit report for departures from generally accepted accounting principles and failed to exercise due professional care in the performance of the audits.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (c), and (f). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Grayson, Robert R. San Francisco, CA CPA 21583
CBA Actions
Revocation of CPA Certificate via Decision after Non-Adoption of Proposed Decision.
Mr. Grayson is required to reimburse the Board $27,170.94 for its investigation and prosecution costs.
Effective March 29, 2004
Cause For Discipline
Mr. Grayson improperly secured the renewal of his license to active status on November 21, 2000, by knowingly misrepresenting, through false statements, his compliance with continuing education requirements.
Mr. Grayson engaged in the practice of public accountancy without a valid license. Mr. Grayson issued audit reports while his license was either expired or inactive.
Mr. Grayson failed to cooperate with the Board's investigation and actively sought to delay, confuse, obstruct, and avoid the investigation and its possible consequences.
Mr. Grayson engaged in dishonesty, fraud, or gross negligence in the practice of public accountancy by intentionally representing to his client and the public that he possessed a valid license and was properly acting as a certified public accountant.
Mr. Grayson failed to comply with professional standards for the audits of approximately 21 not-for-profit group homes for fiscal years 1999 and 2000.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 5, § 498, and Division 3, Chapter 1, §§ 5050, 5062, and 5100 (b), (c), and (g). California Code of Regulations, Title 16, Division 1, §§ 5, 52, 58, 80 (b), and 89 (k).
Related Documents:
Greenberg, David B. Irvine, CA CPA 61580
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 23, 2009
Cause For Discipline
Mr. Greenberg while a tax partner at KPMG LLP participated in employing various means to conceal from the IRS and other taxing authorities fraudulent tax shelters. Mr. Greenberg's involvement or acquiescence resulted in:
- The failure of KPMG to register the tax shelters.
- The preparation of, or causing to be prepared, false or fraudulent documentation supporting the implementation of the tax shelters.
- The preparation and/or causing to be prepared or participating in the preparation and/or filing of income tax returns that contained the fraudulent tax shelter losses.
Mr. Greenberg conspired with unlicensed persons to devise, market, and/or implement the fraudulent tax shelters.
Mr. Greenberg also knowingly filed his own income tax returns with the taxing authorities for tax years 1999-2004 that contained the fraudulent tax shelter losses.
Violation(s) Charged
Business and Professions Code, Division 1, Chapter 1, § 125, Division 3, Chapter 1, §§ 5100, 5100 (c), (g), (i), and (j). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Greene, Kenneth Mark Simi Valley, CA CPA 69160
CBA Actions
Revocation stayed with one year's probation, via proposed decision.
Mr. Greene's license is suspended for 45 days.
Mr. Greene shall take and pass with a score of 90 percent or better a Board-approved ethics exam.
Mr. Greene is required to reimburse the Board $4,135.65 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 16, 2008
Cause For Discipline
In 2003, for the tax year ending December 31, 2002, while employed as corporate controller for Haas Automation, Inc., Mr. Greene was instructed by Haas' general manager to send an Internal Revenue Service Form 1099-C to Haas' prior corporate controller in the amount of $314,704. The amount reflected forgiveness of debt on a loan which Haas had made to the prior controller while he was employed by Haas. After receiving the Form 1099-C, the prior controller telephoned Mr. Greene and threatened to inform the IRS of Haas' ongoing tax evasion scheme. Mr. Greene informed Haas' general manager about the telephone call. Haas' general manager then ordered Mr. Greene to amend the Form 1099-C to reflect forgiven debt of only $3,147, instead of the actual debt that had been cancelled by Haas. Mr. Greene did so, and the false and fraudulent Form 1099-C was forwarded to the IRS.
In connection with the false filing of the Form 1099-C, Mr. Greene was convicted on a plea of guilty in United States District Court, for the Central District of California, Western Division, Case No. CR06-04-460 on May 18, 2006.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (j).
Related Documents:
Greene, Lester Encino, CA CPA 3189
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 27, 1997
Cause For Discipline
In April 1991 the Positive Enforcement Program Committee (PEPC) selected the Respondent to submit financial statements for review. The financial statements were found to be substandard. Pursuant to Rule 87.6, Respondent was ordered on October 23, 1992, by the PEPC to complete 24 hours of continuing education in specific accounting/reporting courses as part of his continuing education requirement. The licensee's failure to complete the continuing education resulted in referral to the Enforcement Program.
Respondent has failed to complete the continuing education and has failed to notify the Board of a change of address.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, §§ 3, 87.5, 87.6.
Related Documents:
Greene, Robert L. North Hollywood, CA CPA 9809
CBA Actions
Via stipulated settlement, revocation of CPA Certificate.
Effective November 4, 1996
Cause For Discipline
On November 1, 1995, Respondent entered guilty pleas to six counts of felony grand theft and one count of felony embezzlement [Penal Code §§; 487(1) and 487(a)]. The underlying charges allege that Greene misappropriated the funds of several clients with whom he had a professional relationship, either through his accounting practice or through his other business, GT Financial. In pleading guilty to the charges, Greene admitted to having taken in excess of $800,000 from his clients.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (a) and (j), and 5106.
Related Documents:
Greer, Garth E. Visalia, CA CPA 9810
CBA Actions
Revocation of CPA and COR Certificates, via default decision.
Effective October 28, 1998
Also See:
Garth E. Greer CPA, A Professional Corporation
Cause For Discipline
Mr. Greer was grossly negligent in failing to prepare a client's federal corporate income tax returns for 1994 and 1995, and upon demand failed to return the client's accounting records for 1994 and 1995. After the expiration of his permit to practice, Respondent continued to hold himself out as an active CPA, and he failed to appear before the Administrative Committee.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b), 5050, and 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, §§ 52.1 and 68.
Related Documents:
Greif, Michael J. Rancho Palos Verdes, CA CPA 116185
CBA Actions
Upon meeting all pre-licensure requirements, a Certified Public Accountant license will be issued to Mr. Greif and be immediately revoked. However, the revocation will be stayed and Mr. Greif will be placed on five (5) years probation.
Mr. Greif shall successfully complete a rehabilitation program for chemical dependence which the CBA shall approve and shall have reports submitted by the program.
Mr. Greif shall completely abstain from the use of psychotropic drugs, including alcohol, unless prescribed.
Mr. Greif shall submit to such tests and samples for the detection of alcohol, narcotics, dangerous drugs, or controlled substances, as directed by the CBA.
Other standard terms of probation.
Effective June 28, 2012
Cause For Denial
Mr. Greif completed an application for licensure on April 27, 2011. On September 13, 2011, the CBA denied the application. On March 14, 2012, Statement of Issues No. SI-2012-14 was filed containing the following allegations as grounds for denial.
On or about July 20, 2006, after pleading nolo contendere, Mr. Greif was convicted of one felony count of violating Vehicle Code Section 23152(b) [driving a vehicle while having 0.08% and more, by weight, of alcohol in blood]. The court sentenced Mr. Greif to a total of 16 months in jail, and fined him.
On or about June 27, 2006, after pleading nolo contendere, Mr. Greif was convicted of one misdemeanor count of violating Vehicle Code Section 23152(b) [driving a vehicle while having 0.08% and more, by weight, of alcohol in blood]; one misdemeanor count of violating Vehicle Code Section 20002(a) [hit and run; property damage]; and one misdemeanor count of violating Vehicle Code Section 14601.5(a) [driving a vehicle with a suspended license]. The court sentenced Mr. Greif to 160 days in jail and placed him on probation for a period of 36 months, with terms and conditions.
On or about September 27, 2004, after pleading nolo contendere, Mr. Greif was convicted of one misdemeanor count of violating Penal Code Section 647(f) [public intoxication]. The court sentenced Mr. Greif to two (2) days in jail and placed him on probation for a period of 24 months, with terms and conditions.
On or about February 21, 2001, after pleading nolo contendere, Mr. Greif was convicted of one misdemeanor count of violating Vehicle Code Section 23152(b) [driving a vehicle while having 0.08% and more, by weight, of alcohol in blood]; and one misdemeanor count of violating Vehicle Code Section 14601.5(a) [driving with a suspended or revoked license]. The court sentenced Mr. Greif to 17 days in Los Angeles City Jail and placed him on three (3) years probation, with terms and conditions.
On or about September 24, 1999, after pleading guilty, Mr. Greif was convicted of one misdemeanor count of violating Vehicle Code Section 23152(a) [driving under the influence of alcohol and /or drugs]; and one misdemeanor count of violating Vehicle Code Section 14601.1(a) [driving a vehicle on a highway with a suspended and/or revoked license]. The court placed Mr. Greif on probation for a period of three (3) years, with terms and conditions.
On or about September 24, 1996, after pleading guilty, Mr. Greif was convicted of one misdemeanor count of violating Revised Code of Washington Section 46.61.502 [driving under the influence of alcohol and/or drugs]. The court sentenced Mr. Greif to 365 days in jail and fined him.
Mr. Greif committed acts, which if done by a Licensed Certified Public Accountant, would be grounds for suspension or revocation of license.
Mr. Greif admits the truth of each and every charge and allegation in the Statement of Issues No. SI-2012-14.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, §§ 475, 480, 482, 490; Division 3, Chapter 1, § 5100 (a); California Code of Regulations, Title 16, Division 1, §§ 99 and 99.1.
Related Documents:
Statement of Issues and Decision
Gruber, Frank M. Garden Grove, CA CPA 72571
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement.
Mr. Gruber shall maintain an active license status and reimburse the CBA in the amount of $6,767.98 for its investigation and prosecution costs.
Mr. Gruber is required to undergo and continue treatment by a licensed psychotherapist approved by the CBA.
Other standard terms of probation.
Effective September 1, 2012
Cause For Discipline
Mr. Gruber is subject to disciplinary action, in that he was convicted of a crime that is substantially related to his qualifications, functions and duties as an accountant. On or about March 16, 2007, Mr. Gruber was convicted by his plea of guilty of violating Vehicle Code (VC) section 2800.2 subsection (a), driving in willful or wanton disregard for the safety of persons or property while fleeing from pursuing police officer (Evasion of Police), a misdemeanor, and Penal Code (PC) section 451 subsection (c), arson of structure, forest land, or property (Arson), a felony.
As a result of the conviction, the Court suspended sentence, imposed three years formal probation, and ordered Mr. Gruber to serve 182 days in jail, with credit for time served, and pay fees of $610.00, fines of $3,800.00, and restitution of $3,534.21.
Mr. Gruber also failed to report the conviction to the CBA within 30 days, as required by Section 5063 (a) of the Business and Professions Code.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a) and 5063 (a)(1)(A-B).
Related Documents:
Gruys, Christopher Healdsburg, CA CPA 21377
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective May 5, 2010
Cause For Discipline
Amended Accusation No. AC-2005-40 contains the following allegations:
Respondent practiced public accountancy without proper authority to do so. Respondent applied for and received an inactive license for the renewal period July 1, 2002 through July 1, 2004. His license was not thereafter renewed and was in a delinquent status until July 1, 2009 at which time it was canceled. In February 2003 Respondent signed a 2002 Form 1120S with the CPA designation. Respondent billed clients, performed services requiring licensure, and "held out" as a CPA. This also constitutes dishonesty in the practice of public accountancy and the knowing preparation of false financial information.
Respondent failed to respond to CBA inquiries on December 22, 2004 and February 25, 2005. Respondent also failed to respond truthfully and accurately to CBA requests. Respondent claimed to have signed tax returns with "J.D." and with "C.P.A." He first described his practice as that of a CPA as distinguished from that of a lawyer, and subsequently indicated he has been signing tax returns using "J.D." in an apparent attempt to represent himself to CBA investigators as not practicing public accountancy. This representation was contrary to fact.
On September 7, 2008, Respondent was convicted, by a guilty plea, of two counts of felony violations. Count one was for Grand Theft/False Pretenses and count two was for Presenting a Fraudulent Claim. Respondent's plea agreement indicates that he pled "guilty to a crime of grand theft for unlawfully defrauding another with intent to take money in excess of $400 and for unlawfully presenting a false claim to the state board". The conviction is for crimes substantially related to the qualifications, functions and duties of a CPA. Respondent failed to report the convictions to the CBA.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 490, 5050, 5063 (a)(1), 5100 (a), (c), (g), and (j). California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
Guerrero, Cesar Estrada Vallejo, CA CPA 53774
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
See also: Villaneuva & Guerrero CPAs
Effective April 22, 2005
Also See:
Cause For Discipline
For purposes of settlement, Mr. Guerrero admits that he was grossly negligent in his audit of the financial statements of the Torres-Martinez Tribal Temporary Assistance to Needy Families program for the year ended September 30, 2001.
Mr. Guerrero admits that he failed to properly supervise an audit employee and failed to review the working papers for the audits of National Hispanic University and for Vallecitos CET, Inc., each for the year ending June 30, 2001.
Mr. Guerrero also admits that he was grossly negligent in his review of KRW Enterprises, dba KW Construction, for the year ended December 31, 2000. In addition, Mr. Guerrero admits that he failed to comply with professional standards for the compilation of KRW Enterprises dba KW Construction for the year ended December 31, 1999.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 and 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 52, 58, 69, and 87.
Related Documents:
Guttentag, Allan Chatsworth, CA CPA 81163
CBA Actions
Revocation stayed, with five years' probation, via proposed decision.
Mr. Guttentag shall take and pass with a score of 90 percent or better a Board-approved ethics examination during the first year of probation.
Mr. Guttentag is required to reimburse the Board $6,219.80 for its investigation and prosecution costs.
Mr. Guttentag shall continue to make the agreed-upon restitution to the investor victims.
Other standard terms of probation.
Effective December 26, 2007
Cause For Discipline
On May 1, 2006, in the United States District Court, District of Arizona, Mr. Guttentag was convicted of a felony, on his plea of guilty, of one count of conspiracy to commit fraud.
The circumstances surrounding the conviction are as follows. From on or about September 1996 to on or about December 1999, while employed as the comptroller of a series of companies controlled by Angelo Tullo, Mr. Guttentag conspired with Mr. Tullo and others to defraud and obtain money from investors doing business with one of Mr. Tullo's companies.
The crime of which Mr. Guttentag was convicted involved dishonest conduct, and, therefore, is substantially related to the qualifications, functions, and duties of a certified public accountant.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Halcrow, David Scott Studio City, CA CPA 21380
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective February 24, 2008
Also See:
Halcrow & Company Accountant's Professional Corporation
Cause For Discipline
On or about January 10, 2005, the United States District Court ordered a guilty judgment for Mr. Halcrow's plea of guilty for four felony counts of mail fraud and possessing a forged security. These acts occurred in Mr. Halcrow's practice as a certified public accountant. From 2000 through 2003, Mr. Halcrow devised, participated in and executed a scheme to defraud his clients through false and fraudulent pretenses including:
Mr. Halcrow mailed to his clients false and fictitious notices of IRS audits. Mr. Halcrow persuaded his clients that they needed his representation for the purported IRS audits. Mr. Halcrow falsely represented to his clients that he performed the work on their behalf and billed them for these services. Mr. Halcrow billed his clients approximately $26,223 for the sham IRS audits.
Mr. Halcrow embezzled approximately $54,000 of his clients' estimated tax payments to the Internal Revenue Service. Mr. Halcrow accomplished this by establishing California corporations for himself with names very similar to the names of his clients' corporations. Mr. Halcrow established the corporations, Lifewise Water 2001 and LSWS, names similar to his clients' corporations. Mr. Halcrow obtained estimated tax payments on behalf of the clients' corporations. However, instead of submitting the estimated payments to the IRS on behalf of the clients, Mr. Halcrow advised the IRS to apply the payments to the accounts of his own corporations. Mr. Halcrow filed tax returns for his own corporations reflecting that no tax was due requesting federal income tax refunds from the IRS, benefiting himself by $54,000.
Mr. Halcrow forged a client's check made payable to him for $210. Mr. Halcrow changed the amount on the check from $210 to $3,210, benefiting himself by $3,000.
Additionally, Mr. Halcrow practiced under an unregistered firm name and failed to report his criminal conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(a), 5106, 490, 5100(g), (i), and (j), 5060, and 5063(a) (1).
Related Documents:
Halcrow & Company Accountant's Professional Corporation Studio City, CA COR 3423
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective February 24, 2008
Also See:
Cause For Discipline
On or about January 10, 2005, the United States District Court ordered a guilty judgment for Mr. Halcrow's plea of guilty for four felony counts of mail fraud and possessing a forged security. These acts occurred in Mr. Halcrow's practice as a certified public accountant. From 2000 through 2003, Mr. Halcrow devised, participated in and executed a scheme to defraud his clients through false and fraudulent pretenses including:
Mr. Halcrow mailed to his clients false and fictitious notices of IRS audits. Mr. Halcrow persuaded his clients that they needed his representation for the purported IRS audits. Mr. Halcrow falsely represented to his clients that he performed the work on their behalf and billed them for these services. Mr. Halcrow billed his clients approximately $26,223 for the sham IRS audits.
Mr. Halcrow embezzled approximately $54,000 of his clients' estimated tax payments to the Internal Revenue Service. Mr. Halcrow accomplished this by establishing California corporations for himself with names very similar to the names of his clients' corporations. Mr. Halcrow established the corporations, Lifewise Water 2001 and LSWS, names similar to his clients' corporations. Mr. Halcrow obtained estimated tax payments on behalf of the clients' corporations. However, instead of submitting the estimated payments to the IRS on behalf of the clients, Mr. Halcrow advised the IRS to apply the payments to the accounts of his own corporations. Mr. Halcrow filed tax returns for his own corporations reflecting that no tax was due requesting federal income tax refunds from the IRS, benefiting himself by $54,000.
Mr. Halcrow forged a client's check made payable to him for $210. Mr. Halcrow changed the amount on the check from $210 to $3,210, benefiting himself by $3,000.
Additionally, Mr. Halcrow practiced under an unregistered firm name and failed to report his criminal conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(a), 5106, 490, 5100(g), (i), and (j), 5060, and 5063(a) (1).
Related Documents:
Hamma and Nelson Hacienda Heights, CA PAR 105
CBA Actions
Surrendered certificates, via stipulated decision.
Effective December 20, 2002
Also See:
Cause For Discipline
For the purposes of settlement, Mr. Schneider agrees that the complainant could establish a factual basis for the charges and that those charges constitute cause for discipline.
The Accusation includes charges that the working papers prepared by Hamma and Nelson for the compliance audit of the Federal Student Assistance Program at Platte College, San Francisco, for the award-year ended June 30, 1996, under the supervision of Mr. Schneider, who was the engagement partner, contained departures from Generally Accepted Auditing Standards.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Hand, Charles A. Arcadia, CA CPA 11719
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective August 27, 1998
Reinstated March 15, 2000
Cause For Discipline
On or about September 23, 1997, a Citation was issued to Mr. Hand. Mr. Hand failed to comply with the Citation; therefore, an Accusation was filed on June 4, 1998.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Hansen, Douglas C. Valencia, CA CPA 22024
CBA Actions
Surrender of CPA certificate, via stipulated settlement.
Effective August 29, 1998
Cause For Discipline
In Securities and Exchange Commission v. Douglas C. Hansen, the Securities and Exchange Commission (SEC) alleged that from the first quarter of calendar year 1992 until on or after December 7, 1992, Mr. Hansen, as Chief Financial Officer of Huntway Partners, L.P. (Huntway) engaged in certain fraudulent practices. These practices caused the entity's quarterly financial statements filed with the SEC for the periods ended March 31, 1992, June 30, 1992, and September 30, 1992, to contain certain materially false and misleading statements designed to overstate Huntway's financial performance. The SEC further charged that, from October 1992 through early December 1992, Mr. Hansen engaged in a check-kiting scheme to disguise Huntway's worsening cash flow and liquidity problems.
On January 26, 1995, Mr. Hansen consented to entry of a Final Judgment of Permanent Injunction whereby the SEC permanently barred him from practice before the SEC.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(g) and (i).
Related Documents:
Hanson, Douglas J. Escondido, CA CPA 43682
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Hanson's license is suspended for 60 days.
Mr. Hanson shall complete 24 hours of additional continuing education courses as specified by the Board.
Mr. Hanson shall take and pass with a score of 90 percent or better a Board approved ethics course.
Mr. Hanson shall at all times maintain an active license status with the Board, including during any period of suspension.
Mr. Hanson is required to reimburse the Board $4,316.22 for its investigation and prosecution costs.
Mr. Hanson shall not engage in practice until proper notification is given to the Board by a duly licensed health care professional that Mr. Hanson is mentally and physically fit to practice.
Other standard terms and conditions.
Effective December 26, 2008
Cause For Discipline
Mr. Hanson's license expired on May 1, 2007. The Board conducted a practice investigation on September 19, 2007 and determined that Mr. Hanson was operating a public accountant business.
Further, Mr. Hanson failed to obtain required continuing education, failed to comply with professional standards in a compilation engagement, and failed to notify the Board of his address change.
Mr. Hanson admits the truth of each and every charge and allegation in Accusation No. AC-2008-8.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 3(a), 52(a), 58, 87, 94, 95.4.
Related Documents:
Harmon, Larry Wayne Granite Bay, CA CPA 87502
CBA Actions
Suspension of CPA license via Ex Parte Interim Suspension Order.
Effective April 18, 2013
Cause For Discipline
On January 9, 2013, Mr. Harmon admitted to California Board of Equalization investigators that he filed, on behalf of his company, Larry Harmon & Associates, fraudulent claims for tax refunds in excess of six (6) million dollars with the Board of Equalization in order to obtain money that he was not entitled to obtain.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100, 5100(i), and 5100(j).
Related Documents:
Harnett, Thomas Russell Napa, CA CPA 18166
CBA Actions
Revocation via decision after nonadoption.
Respondent is required to reimburse the Board $7,583.21 for its investigation and prosecution costs.
Effective November 7, 1999
Cause For Discipline
Mr. Harnett has been convicted, an a nolo contendre plea, of a felony violation of Section 25541 of the California Corporations Code (securities fraud).
In addition, the Department of Real Estate revoked Mr. Harnett's real estate broker's license effective May 11, 1992, in an administrative action that Mr. Harnett did not contest. The revocation was based on 1988 and 1989 violations, including a trust account fund shortage; comingling of nontrust monies in the trust account; conversion of trust funds to uses and benefits not authorized by the owners of the funds; and "rolling over" loan payoff funds into new loans without the investor's prior written consent.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(a) and (g).
Related Documents:
Harrison, Michael Andrew Mission Viejo, CA CPA 19299
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Harrison shall reimburse the CBA in the amount of $4,997 for its investigation and prosecution costs, to be paid within 90 days of the date of the Board's final decision.
Other standard terms of probation.
Effective December 26, 2012
Cause For Discipline
Respondent was a shareholder with the firm of Mayer Hoffman McCann, P.C. (MHM), which was the independent auditor for the City of Bell from 2006 to 2010, and he was the firm's engagement shareholder with respect to the independent audit work performed by MHM at all relevant times.
The Accusation alleges as grounds for discipline that respondent committed repeated acts of negligence in the 2009 audit for the City of Bell and the Bell Community Redevelopment Agency that departed from professional standards, including failure to properly perform risk assessments and failure to document performance of certain minimum procedures to comply with compliance testing requirements. The Accusation further alleges that respondent insufficiently documented MHM's audit for the City of Bell and the Bell Community Redevelopment Agency for the year ending June 30, 2009.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5097, 5100(c) and (e).
Related Documents:
Hasting, Carl Dean Agoura Hills, CA CPA 45770
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement.
Mr. Hasting's license is suspended for two years.
Mr. Hasting shall pay the CBA an administrative fine of $5,000.
Mr. Hasting agrees to fully cooperate with the CBA and the Attorney General's office in any investigation of licensees involving tax shelters.
Mr. Hasting shall maintain an active license.
Mr. Hasting shall complete four hours of continuing education in ethics.
Mr. Hasting is required to reimburse the CBA in an amount not to exceed $25,000 for its investigation and prosecution costs.
Effective March 4, 2011
Cause For Discipline
Accusation No. AC-2010-15 contains allegations that Mr. Hasting while a partner at KPMG LLP participated in developing, marketing and implementing fraudulent tax shelters. The accusation further alleges that Mr. Hasting 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.
For purposes of settlement Mr. Hasting agrees that he failed to observe professional standards by approving and causing to be signed, engagement and opinion letters for clients without independently, diligently or accurately evaluating the specific needs and concerns of the clients. Mr. Hasting admits that the allegations of gross negligence and repeated negligent acts, if proven at hearing, would form a basis for discipline of his license. Mr. Hasting denies the other allegations contained in the accusation.
Both parties agree that discipline in this matter is based upon Mr. Hasting's conduct and participation in implementing and marketing the tax shelters, not devising them.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Hatanaka, Kiyoshi Aliso Viejo, CA CPA 73188
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective October 1, 2009
Cause For Discipline
Accusation AC-2009-31 contains allegations that Mr. Hatanaka is subject to disciplinary action for unprofessional conduct related to fiscal dishonesty and embezzlement. Mr. Hatanaka pled guilty to embezzlement of $1,756,000 from a program receiving federal funds, which is a felony.
Violation(s) Charged
Business and Professions Code, Division 1.5 Chapter 3, § 490, and Division 3, Chapter 1, § 5100 (a), (i), and (k).
Related Documents:
Haynes, James Brian San Diego, CA CPA 54234
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective March 12, 1998
Cause For Discipline
Respondent practiced public accountancy from December 1, 1994, through October 26, 1995, when he did not have a valid license. Respondent withdrew amounts of $1,200, $1,000, and $6,790 from his client's bank account without the client's knowledge. Respondent also agreed to prepare and subsequently failed to prepare the 1994 income tax returns for this client. He failed to return the client's original records when requested, and the Respondent failed to return the records of another client when requested. Additionally, Respondent failed to meet the Board's continuing education requirements.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b), 5050, 5055, 5100(c), (f), (h), and (j). California Code of Regulations, Title 16, Division 1, §§ 68 and 87.
Related Documents:
Hazen, Robert Douglas DANVILLE, CA CPA 16767
CBA Actions
Revocation of CPA Certificate and Fictitious Permit, via stipulated decision.
Effective December 31, 2002
Also See:
Cause For Discipline
Robert Hazen agreed to the revocation of his CPA license and the fictitious name permit issued by the Board for his business, Net Profit Tax Center.
Pursuant to stipulated settlement, and solely for purposes of the Board's proceedings, Robert Hazen admitted that he diverted trust assets to his business and personal accounts and that in doing, he breached his fiduciary duty and engaged in conduct constituting gross negligence.
Mr. Hazen further admitted that he had repeatedly failed to comply with his duty to respond to trust beneficiaries or their representatives.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b)(2), 5100(c), (h), and (f). California Code of Regulations, Title 16, Division 1, §68.
Related Documents:
Hedges, Mary Jane Tracy, CA CPA 78196
CBA Actions
Revocation stayed with three years' probation, via decision after Non-Adoption of Proposed Decision.
Ms. Hedges' license is suspended for 180 days.
Ms. Hedges is required to reimburse the Board $6,000 for its investigation and prosecution costs.
Other standard terms of probation.
Effective April 29, 2007
Also See:
Cause For Discipline
Ms. Hedges engaged in the practice of public accountancy with an expired license during the period from May 1, 2003, through August 18, 2004.
Ms. Hedges failed to complete at least 80 hours of qualifying continuing education prior to the expiration of her CPA license on May 1, 2003, and May 1, 2005, and willfully violated the accountancy laws.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 87 and 94.
Related Documents:
Heidelman, Joseph Thomas Claremont, CA CPA 35386
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective May 3, 1997
Cause For Discipline
From February 1, 1992, to July 24, 1994, Respondent engaged in the practice of public accountancy and held out as a Certified Public Accountant without a valid permit to practice. Respondent was convicted on August 30, 1994, of misdemeanor violations of Business and Professions Code Sections 16240 and 5055 in connection with such unlicensed practice.
In addition, Respondent failed to appear as requested before two meetings of the Board's Administrative Committee. Further, he failed to respond to several written inquiries from the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5055, 5100(f) and Division 7, Chapter 3, § 16240. California Code of Regulations, Title 16, Division 1, § 52.1.
Related Documents:
Henen, Amgad Asaad San Dimas, CA Applicant
CBA Actions
Application for admission to the Uniform Certified Public Accountant Examination is denied via default decision.
Effective November 30, 2009
Cause For Denial
Statement of Issues No. SI 2009-23 contains allegations that Mr. Henen has subjected his application for admission to the CPA Examination to denial. Mr. Henen submitted requests to the CBA seeking extensions to complete sections of the CPA Examination by using altered and/or false, fraudulent and materially misleading medical documents.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 2, § 480 (a)(2), Division 3, Chapter 1, §§ 5110 (a) (1) and 5112 (a).
Related Documents:
Related Documents - Statement of Issues and Decision
Hill, Kurt Christopher Ventura, CA CPA 40793
CBA Actions
License revoked. Revocation stayed with two year's probation. Probation terms include reimbursement of investigative costs, successful completion of an approved ethics examination, 24 hours of CPE as specified by the Administrative Committee, along with other standard probationary terms and conditions. Within two months of the effective date, Respondent shall provide evidence of completion and filing of his federal and state income tax returns for 1987, 1988, 1989, and 1990.
Effective July 1, 1993
Cause For Discipline
Respondent practiced public accounting during the period of August 1, 1988 through February 14, 1991 without a valid permit. Respondent failed to file his federal and state income tax returns for 1987, 1988, 1989, and 1990.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5050, 5055, 5100 (f). California Code of Regulations, Title 16, Division 1, § 60.
Related Documents:
Hill, Kurt Christopher Ventura, CA CPA 40793
CBA Actions
Revocation of CPA certificate.
Effective September 7, 1996
Cause For Discipline
On August 14, 1992, the Board filed Accusation No. AC-92-35 (as amended November 16, 1992) against Hill's license, charging him with unauthorized practice of public accountancy with an expired license, and with fiscal dishonesty by reason of his failure to file federal and state income tax returns for himself in 1988, 1989, and 1990. The parties stipulated to discipline with terms of probation adopted as a final order of the Board, effective July 1, 1993.
Respondent failed to comply with the terms of his probation in that he was late in submitting quarterly written reports, failed to complete all specified continuing education courses, and falsely represented to the Board that he had completed said courses.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(f). California Code of Regulations, Title 16, Division 1, §§ 87(a) and 89(d).
Related Documents:
Hill, Robert F. Visalia, CA CPA 32900
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective December 23, 1998
Cause For Discipline
Mr. Hill solicited and obtained investments for at least four clients in real estate ventures that he represented were safe and viable investments.
Based on the Respondent's representation, the four clients invested approximately $500,000 which he used for his own purpose and benefit.
Respondent practiced public accountancy and used the title of CPA during a period in which his license was expired. Mr. Hill also falsely signed a statement under penalty of perjury that he had completed the requisite number of continuing education hours for his prior renewal period.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100 (c), (f), (h), (i), and (j), and 5121. California Code of Regulations, Title 16, Division 1, §§ 57, 87, 89, and 94.
Related Documents:
Himmelmann, William Edward Sacramento, CA CPA 49096
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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.
Related Documents:
Himmelmann, William E. Sacramento, CA CPA 49096
CBA Actions
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:
Cause For Discipline
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.
Violation(s) Charged
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:
Ho, Linh Khanh Nguyen McLean, VA CPA 97205
CBA Actions
Revocation of CPA license, via default decision.
Effective December 28, 2011
Cause For Discipline
Accusation No. AC-2011-12 contains the following allegations:
On or about June 13, 2007, Ms. Ho entered a plea of guilty to a violation of Virginia Code section 18.2-178 (obtaining money by false pretenses) in Commonwealth of Virginia vs. Linh Khanh Ho, in the Circuit Court of Fairfax County, Virginia; Case No. FE-2007-675. The circumstances involving the conviction are that on or about December 4, 2006, Ms. Ho feloniously obtained by false pretense or token, with intent to defraud, good and lawful currency of the United States in excess of $200.00, property of Commerce Bank.
On or about January 21, 2010, the Texas Board of Accountancy issued an order revoking Ms. Ho's Texas certificate and requiring Ms. Ho to pay an administrative penalty of $20,000 and $469.74 in costs.
Ms. Ho failed to report her conviction for violating Virginia Code section 18.2-178 (obtaining money by false pretenses).
Ms. Ho failed to respond to the CBA's inquiry regarding her conviction and the Texas discipline.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (a), (d), (g), (k) and 5063. California Code of Regulations, Title 16, Division 1, §§ 52 and 99.
Related Documents:
Hoberg, Christine Broderse Los Altos, CA CPA 39902
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Ms. Hoberg agrees that should she seek reinstatement of her certificate in the future, she will reimburse the Board $2,616.22 for its costs of investigation prior to the Board's consideration of her petition for reinstatement.
Effective April 1, 2004
Cause For Discipline
Ms. Hoberg admits that she was suspended from practice as an accountant before the Securities and Exchange Commission.
The underlying charges in the SEC's action are that while serving as the Chief Financial Officer of nVidia, Ms. Hoberg among other actions, engaged in actions that resulted in nVidia filing a materially false financial statement in the 10-Q for the quarter ended April 30, 2000.
The SEC's complaint alleged that Ms. Hoberg engaged in improper accounting practices that materially increased nVidia's gross profit, net income, and earnings per share for the quarter in a departure from GAAP.
The SEC's complaint also alleged that these practices included participating in structuring a transaction to conceal nVidia's obligation to repay certain cost reductions from a supplier in future periods. In addition, the SEC's Complaint alleged that Ms. Hoberg failed to disclose material information regarding nVidia's books and records to nVidia's independent auditors.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h).
Related Documents:
Hopkins, Bryan Paul Orange, CA CPA 60786
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Hopkins is required to maintain an active license status.
Mr. Hopkins shall take and pass with a score of 90 percent or better a Board approved ethics examination.
Mr. Hopkins is required to reimburse the Board $16,114.88 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective February 24, 2008
Cause For Discipline
Mr. Hopkins received commissions from the sale of insurance and investment products without complying with the Board's disclosure requirements. Mr. Hopkins received a commission of $165,000 from the sale of a life insurance policy without disclosing the amounts or calculations of the commission to the client and without obtaining written acknowledgement from the client. Mr. Hopkins also received fees from a third party provider to whom he referred six clients for the purchase of variable annuity investments. Mr. Hopkins did not inform the clients he received the fees.
Mr. Hopkins also engaged in the practice of public accountancy under firm names that were not registered with the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5060, 5061, and 5100 (g). California Code of Regulations, Title 16, Division 1, § 56.
Related Documents:
Hoppes, Dale Alan Redding, CA CPA 61272
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Hoppes' license is suspended for 60 days.
Mr. Hoppes shall complete 80 hours of continuing professional education, which are in addition to his regular 80-hour renewal requirement.
As part of the 80 hours of additional CPE, Mr. Hoppes shall take and pass with a score of 90 percent or better an 8-hour Board approved ethics course within the first year of probation.
Mr. Hoppes shall at all times maintain an active license.
Mr. Hoppes is required to reimburse the Board $4,267.40 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective February 24, 2008
Cause For Discipline
During the period of November 1, 2002 to November 26, 2006, Mr. Hoppes practiced public accountancy with an expired license.
For the renewal period of November 1, 2004, to October 31, 2006, Mr. Hoppes failed to complete his continuing education requirements.
For the renewal period of November 1, 2002, to October 31, 2004, Mr. Hoppes failed to retain his continuing education course certificates.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g). California Code of Regulations, Title 16, Division 1, § 89.
Related Documents:
House, Stephen Michael Roseville, CA CPA 46621
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 7, 2007
Also See:
Cause For Discipline
On February 3, 2006, Mr. House was convicted on a plea of guilty of wire fraud committed during the years 2000-2004.
Mr. House is also subject to discipline for the following acts:
Writing checks to himself without client permission or authorization while acting as a trustee for two estates.
While acting as a partner in a non-CPA firm, Mr. House took money for himself without the permission or authorization of the other partners.
Mr. House diverted for his own benefit client funds that had been entrusted to him for the payment of payroll taxes and other obligations in the amount of $2,231,637 causing the client to incur penalties in excess of $174,432 for late filings and payments of payroll tax returns.
Mr. House prepared and filed for a client federal income tax returns for the years ended September 30, 2000, and September 30, 2001, that were significantly different from the tax return copies provided to the client.
Mr. House knowingly made false entries into a client's general ledgers for the fiscal years ended September 30, 2001, September 30, 2002, and September 30, 2003.
Mr. House, a partner in a non-CPA partnership, altered partnership financial documents in a fashion apparently designed to hide Mr. House's fraudulent activities.
Mr. House failed to furnish to his partnership, upon request and reasonable notice, books and records that constituted original records of the partnership.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 and 5100 (a), (c), (k), and (i). California Code of Regulations, Title 16, Division 1, § 68.
Related Documents:
House & Company Roseville CA FNP 222
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 7, 2007
Also See:
Cause For Discipline
On February 3, 2006, Mr. House was convicted on a plea of guilty of wire fraud committed during the years 2000-2004.
Mr. House is also subject to discipline for the following acts:
Writing checks to himself without client permission or authorization while acting as a trustee for two estates.
While acting as a partner in a non-CPA firm, Mr. House took money for himself without the permission or authorization of the other partners.
Mr. House diverted for his own benefit client funds that had been entrusted to him for the payment of payroll taxes and other obligations in the amount of $2,231,637 causing the client to incur penalties in excess of $174,432 for late filings and payments of payroll tax returns.
Mr. House prepared and filed for a client federal income tax returns for the years ended September 30, 2000, and September 30, 2001, that were significantly different from the tax return copies provided to the client.
Mr. House knowingly made false entries into a client's general ledgers for the fiscal years ended September 30, 2001, September 30, 2002, and September 30, 2003.
Mr. House, a partner in a non-CPA partnership, altered partnership financial documents in a fashion apparently designed to hide Mr. House's fraudulent activities.
Mr. House failed to furnish to his partnership, upon request and reasonable notice, books and records that constituted original records of the partnership.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 and 5100 (a), (c), (k), and (i). California Code of Regulations, Title 16, Division 1, § 68.
Related Documents:
Houston, Robert J. Beverly Hills, CA CPA 19960
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Effective August 11, 1998
Cause For Discipline
On October 12, 1994, Mr. Houston pled guilty in United States District Court for the Central District of California to conspiracy (18 United States Court [USC] § 371), bank fraud (18 USC § 1344), and wire fraud (18 USC §1343) in the matter of United States of America v. Robert J. Houston.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Huang, Fan San Francisco, CA CPA 72304
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Reinstatement of Respondent's CPA Certificate will be considered if the following terms and conditions are met: Respondent files a Petition for Reinstatement on or after July 1, 1999; takes and passes all parts of the Uniform Certified Public Accountant Examination and an ethics examination; Respondent shall not have engaged in any conduct which would be cause to deny her licensure. If reinstated, license number 72304 will be revoked; however, revocation will be stayed and the Respondent will be placed on three years' probation. Standard terms and conditions will apply to the probationary period.
Effective August 24, 1997
Cause For Discipline
For purposes of settlement, Respondent admits to the allegations contained in the Accusation; specifically, Respondent admits to subverting the May 1996 Uniform Certified Public Accountant Examination by copying the answers of her neighbors during the Business Law and Professional Responsibilities and Financial Accounting and Reporting sections of the examination.
Violation(s) Charged
Business and Professions Code, Division 1, Chapter 1, § 123 (b), Division 1.5, Chapter 5, § 496 and 498, and Division 3, Chapter 1, § 5100.
Related Documents:
Huband, Gary Scott Irvine CA CPA 63278
CBA Actions
Surrender of CPA Certificate, via stipulated settlement.
The surrender of Mr. Huband's CPA Certificate and the acceptance of the surrendered license by the Board shall constitute the imposition of discipline against Mr. Huband.
Mr. Huband is required to reimburse the Board $2,264.71 for its investigation and prosecution costs.
Effective August 30, 2009
Cause For Discipline
For purpose of settlement, Mr. Huband agrees his license is subject to discipline for unprofessional conduct based upon his previously agreed suspension from practice before the IRS as a result of unpaid financial obligations to the Internal Revenue Service. Mr. Huband also failed to report his IRS suspension to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (g), (h), and 5063 (a)(3).
Related Documents:
Huffman, Richard Ernest Riverside, CA CPA 24149
CBA Actions
Revocation of CPA Certificate, via stipulation in settlement of accusation and petition to revoke probation.
Respondent is required to reimburse the Board $9,800 for investigative and prosecution costs, prior to making application for licensure, relicensure, or reinstatement in California.
Effective March 4, 2001
Cause For Discipline
The first Amended Accusation and Petition to Revoke Probation No. D1-95-25 contains allegations that, while on probation, Respondent violated the terms of his probation in that he provided tax planning advice to three clients where general partnerships, corporations, or trusts were formed to report their business activities. The Internal Revenue Service (IRS) audited each entity, and determined that they were created to avoid self-employment tax and to deduct personal expenses. As a result, the IRS collapsed the partnerships, corporations, and trusts into each individual's Form 1040, which resulted in additional tax, plus penalty and interest.
Respondent agrees that all of the charges and allegations contained in the First Amended Accusation and Petition to Revoke Probation shall be deemed admitted upon any application for licensure, relicensure, or reinstatement that Respondent files in the state of California, or in any other state.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Huffman, Richard Ernest Riverside, CA CPA 24149
CBA Actions
Revocation of CPA certificate.
Revocation stayed with three years probation imposed.
Probation terms include:
Respondent shall reimburse the Board for investigative and prosecution costs.
Respondent shall complete 40 hours of CPE in addition to the CPE required for relicensing.
Respondent's firm is required to undergo a peer or quality review within 18 months of the effective date of the Board's order.
Respondent is required to take and to pass the audit section of the CPA examination.
During the period of probation, all audits performed by the Respondent and his firm shall be reviewed by another licensed CPA prior to release.
Other standard terms of probation.
Effective June 17, 1996
Cause For Discipline
For purposes of settlement, licensee admits he performed audits of several school districts in a grossly negligent manner. Deficiencies included the following: failure to properly plan the audits; failure to understand the internal control structure and to properly assess control risk; failure to obtain sufficient evidential matter for accounts receivable balances and other accounts; failure to properly calculate materiality; failure to document testing compliance with laws and regulations; inadequate client representation and attorney responses; and lack of due professional care. The licensee also practiced with an expired corporate license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100, 5107, 5070.6, 5100(c) and (f), 5156, 5062, 5050, 5035, and 5152.1.
Related Documents:
Hukriede, Leslie George, Jr. Westminister, CA CPA 16334
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective April 29, 2007
Cause For Discipline
Mr. Hukriede failed to comply with professional standards in the preparation of a client's 2003 and 2004 tax returns. Mr. Hukriede failed to maintain audit documentation in connection with his audit of Westview Services, Inc., for the years ended March 31, 2002, and 2003.
Mr. Hukriede practiced public accountancy under the names of LGH Consulting, Inc., Certified Public Accountants or LGH Consulting, Inc., names that are not registered with the Board. In addition, he used false and misleading advertisement using firm names not registered with the Board.
Mr. Hukriede failed to respond to the Board's inquiries and the Board's subpoena concerning the above matters.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5060, 5097 (d) and (e), and 5100 (c), (e), and (g). California Code of Regulations, Title 16, Division 1, §§ 52, 58, 63, 68.1, 68.2 and 68.3.
Related Documents:
Huston, James Larry Kingman, AZ CPA 27454
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective May 13, 2006
Cause For Discipline
The Internal Revenue Service (IRS) and the Arizona State Board of Accountancy each suspended Mr. Huston from practicing as a certified public accountant.
Mr. Huston did not report to the California Board of Accountancy either of these suspensions.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (d), (g), and (h).
Related Documents:
Ibarra, Jr., Armando Chula Vista, CA CPA 68766
CBA Actions
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:
Armando C. Ibarra, CPA, A Professional Corporation
Cause For Discipline
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.
Violation(s) Charged
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:
Ibarra, Sr., Armando C. Chula Vista, CA CPA 41710
CBA Actions
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:
Armando C. Ibarra, CPA, A Professional Corporation
Cause For Discipline
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.
Violation(s) Charged
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:
Ito, Dennis Akira Woodland Hills, CA CPA 23233
CBA Actions
Revocation stayed with four years' probation, via stipulated settlement that includes the following terms and conditions:
Mr. Ito's license is suspended for one year.
Mr. Ito agrees to fully cooperate with the CBA and the Attorney General's office in any investigation of licensees involving tax shelters.
Mr. Ito shall take and pass with a score of 90 percent or better a CBA approved ethics examination.
Mr. Ito shall maintain an active license.
Mr. Ito is required to reimburse the CBA $15,000 for its investigation and prosecution costs.
Effective April 30, 2011
Cause For Discipline
Accusation No. AC-2010-3 contains allegations that Mr. Ito, while a partner at KPMG LLP, participated in developing, marketing and implementing fraudulent tax shelters. The accusation further alleges that Mr. Ito 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.
For purposes of settlement, Mr. Ito admits that charges and allegations asserted in Accusation No. AC-2010-3, if proven at hearing, constitute cause for imposing discipline upon his license.
Violation(s) Charged
Business and Professions Code, Division 1, Chapter 1, § 125; Division 3, Chapter 1,
§§ 5100, 5100 (c), (g), (i), (j), and (k). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Jacobs, Karen Vanburen Covina, CA CPA 30525
CBA Actions
Surrender of license accepted.
Effective October 18, 1993
Cause For Discipline
For purposes of settlement, Respondent admits that she violated terms of her earlier probation by failing to timely submit quarterly probation reports, failing to appear before the Administrative Committee when requested, failing to complete continuing professional education as required, and continuing to practice public accountancy after expiration of her license.
Violation(s) Charged
Business and professions Code, Division 3, Chapter 1, § 5100 (c) and (f).
Related Documents:
Jay J. Shapiro C.P.A., A Professional Corporation Los Angeles, CA COR 3652
CBA Actions
Revocation of Corporation Certificate stayed with three years' probation, via stipulated settlement.
Maintain an active status license.
Other standard terms of probation.
Effective May 5, 2010
Also See:
Cause For Discipline
Accusation No. AC-2009-28 contains the following allegations:
On or about July 29, 2008, the Securities and Exchange Commission (SEC) issued an Order Making Findings and Imposing Remedial Sanctions in Accounting and Auditing Enforcement Release No. 2852 and Administrative Proceeding No. 3-12793 against Respondents. The Order denied Respondent Firm the privilege of appearing or practicing before the SEC as an accountant. Further, the Order censured Respondent Shapiro, but continued to permit Respondent Shapiro the privilege of practicing before the SEC as an independent accountant, provided that the accounting firm with which Respondent Shapiro associates is registered with the Public Company Accounting Oversight Board ("PCAOB").
The discipline by the SEC resulted from Respondent Firm's issuance of an audit report dated January 12, 2004 for a public company for the year ended September 30, 2003. In performing the audit, Respondent Firm failed to register with the PCAOB, a violation of Section 102(a) of the Sarbanes Oxley Act, which became effective on October 22, 2003.
Respondent and Respondent Firm failed to report to the CBA, in writing within thirty (30) days, the opening of a formal investigation by the SEC.
Respondent Firm also failed to report to the CBA, in writing within thirty (30) days, the suspension of the right to practice as a certified public accountant before the SEC.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§5100 (h) and (l), 5063 (b)3 and (a)3.
Related Documents:
Jean, Andrew Keeduck San Jose, CA CPA 41201
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Jean's license is suspended for three months.
Mr. Jean shall complete eight hours of continuing education in addition to the continuing education required for license renewal.
Mr. Jean shall pay an administrative penalty of $2,500 and shall reimburse the CBA in the amount of $13,874.41 for its investigation and prosecution costs.
Other standard terms of probation.
Effective April 28, 2012
Cause For Discipline
Mr. Jean understands and agrees that the charges and allegations in Accusation No. AC-2011-5, if proven at a hearing, would constitute cause for imposing discipline upon his Certified Public Accountant Certificate.
Accusation No. AC-2011-5 alleges that throughout 2005-2008, Mr. Jean received roughly $114,928.60 for referring clients to SNC Asset Management Inc. and/or SNC Investments, Inc. and made no related disclosures as required under Section 5061 of the Accountancy Act. Mr. Jean also issued unaudited financial statements to clients without providing either a compilation report or an engagement letter containing appropriate elements as required by professional standards.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5061, 5062 and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 56 and 58.
Related Documents:
Jenkins, Arthur Carmine San Ramon, CA CPA 43697
CBA Actions
Revocation of CPA license, via default decision.
Effective April 28, 2013
Cause For Discipline
Accusation No. AC-2013-12 contains the following allegations:
Mr. Jenkins failed to prepare tax returns for which he had been engaged. Mr. Jenkins failed to respond to the clients' repeated requests for information concerning the status of their returns. Mr. Jenkins failed to timely send the clients their tax records after being requested to do so. Mr. Jenkins willfully practiced without a permit. His license expired on September 30, 2010 and he continued to practice in 2011. Mr. Jenkins failed to reply to the CBA's inquiry and a subsequent subpoena. Mr. Jenkins failed to change his address of record.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b), 5050, 5100(c) and (g). California Code of Regulations, Title 16, Division 1, §§ 3 and 52.
Related Documents:
Jensen, Eric Danielson Woodland Hills, CA CPA 47162
CBA Actions
Revocation of CPA license, via default decision.
Effective December 26, 2012
Cause For Discipline
Accusation No. AC-2013-4 contains the following allegations:
On or about March 2009, Mr. Jensen was retained by the daughter of M.S. to prepare the final tax return for M.S., who was recently deceased. Before April 15, 2009, the daughter of M.S. contacted Mr. Jensen regarding the status of the final return. After receiving various reasons for the delay in processing the return, the daughter of M.S. requested the tax documents be returned. When the daughter of M.S. was unsuccessful in obtaining the documents from Mr. Jensen, she enlisted the assistance of another Certified Public Accountant (CPA). The new CPA was unsuccessful in obtaining M.S.'s tax documents from Mr. Jensen until October of 2009. At that time, the new CPA discovered that Mr. Jensen had not filed an extension to file the tax return. As a result of the late filing of M.S.'s final 2008 individual income tax return, M.S. received tax notices with penalty and interest assessments of $5,069.36 and $524.30 respectively.
On or about March 30, 2010 the CBA sent Mr. Jensen an inquiry requesting documentation and information concerning M.S.'s tax return. Mr. Jensen did not respond. On or about July 14, 2010 the CBA issued a subpoena to Mr. Jensen for the production of tax materials relating to M.S.. Mr. Jensen did not respond to the subpoena.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§5037(b) and 5100(g). California Code of Regulations, Title 16, Division 1, §§ 52 (a), (b) and 68.
Related Documents:
John M. Roux and Company Fair Oaks CA FNP 1656
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective June 17, 2007
Also See:
Cause For Discipline
Accusation No. AC-2007-22 included the following allegations:
Mr. Roux's license expired January 31, 2006. During the period that his license was expired, Mr. Roux practiced without a valid license until he renewed his license on August 26, 2006.
In August, 2006, Mr. Roux submitted false information on the continuing education reporting worksheet that accompanied his license renewal application. Mr. Roux claimed that he completed 70 hours of continuing education in December 2005 and January 2006 when he actually completed the hours in August 2006.
In addition, Mr. Roux claimed that he completed three hours of teaching credit in January 2006 but could not provide documents to support the hours claimed. Also, Mr. Roux could support only eight hours of the 24 hours claimed for Accounting and Auditing courses and six hours of the eight hours claimed for a non-technical course.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100, 478, 498, and 499. California Code of Regulations, Title 16, Division 1, §§ 87, 88, and 89.
Related Documents:
John M. Roux & Company Fair Oaks, CA FNP 2396
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective June 17, 2007
Reinstated January 18, 2012
Also See:
Cause For Discipline
Accusation No. AC-2007-22 included the following allegations:
Mr. Roux's license expired January 31, 2006. During the period that his license was expired, Mr. Roux practiced without a valid license until he renewed his license on August 26, 2006.
In August, 2006, Mr. Roux submitted false information on the continuing education reporting worksheet that accompanied his license renewal application. Mr. Roux claimed that he completed 70 hours of continuing education in December 2005 and January 2006 when he actually completed the hours in August 2006.
In addition, Mr. Roux claimed that he completed three hours of teaching credit in January 2006 but could not provide documents to support the hours claimed. Also, Mr. Roux could support only eight hours of the 24 hours claimed for Accounting and Auditing courses and six hours of the eight hours claimed for a non-technical course.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100, 478, 498, and 499. California Code of Regulations, Title 16, Division 1, §§ 87, 88, and 89.
Related Documents:
Johnson, Hason L. Oakley, CA CPA 36745
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 6, 1997
Cause For Discipline
Between January 1 and June 30, 1993, while working under contract as finance director for the Urban Indian Health Board (a.k.a. "Native American Health Center") in Oakland, Respondent withdrew $8,807 from an Urban Indian Health Board account without authorization. He used the funds to pay off a loan on his personal vehicle.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(j).
Related Documents:
John W. Temple & Company Beverly Hills, CA FNP 509
CBA Actions
License revoked and Respondent must reimburse the Board for investigation costs.
Effective December 1, 1994
Also See:
Cause For Discipline
In 1983, Respondent solicited accounting clients to invest in a limited partnership in which he was the general partner. Respondent further failed to disclose to his clients that he was making a profit on the sale of wind machines to the limited partnership and receiving commissions from the sale of interests therein.
In addition, in 1986, Respondent received $10,000 from his client. The monies were to be used in the purchase of real property on behalf of the client. Respondent commingled the funds with his own. The property was not purchased and Respondent was unable to return funds to client upon demand.
Respondent further practiced public accountancy from October 1988 through July 1992 with an expired permit.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (e), (f), (h), (j), 5050, 5055, 5061, and 5210. California Code of Regulations, Title 16, Division 1, §§ 56, 57, 60, and 67.
Related Documents:
Jones, Timothy Foster San Francisco, CA CPA 52045
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective February 24, 2006
Cause For Discipline
As executor of an estate, Mr. Jones failed to distribute shares of a bond fund to the designated beneficiary in a timely manner. Mr. Jones also failed to pay to the beneficiary a court-ordered surcharge for fees and costs related to the beneficiary's efforts to obtain the bonds.
At times Mr. Jones practiced under the name "Jones and Company" without having the namestyle approved by the Board.
Mr. Jones also failed to respond to the Board's written inquiries regarding the estate matter, failed to take a continuing education class ordered by the Board's Report Quality Monitoring Committee, and/or failed to produce to the Board evidence that he had done so.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5060, 5100, and 5100 (g) and (i). California Code of Regulations, Title 16, Division 1, §§ 52 and 87.6.
Related Documents:
Judd, John K., Jr. Boron, CA CPA 30137
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective June 21, 2003
Cause For Discipline
Mr. Judd admits that he is subject to disciplinary action in that on or about October 5, 2000, he was convicted following a jury trial in United States District Court, Central District of California, of crimes which are substantially related to the practice of accountancy.
The felony counts for which Mr. Judd was convicted were one count of conspiracy to commit money laundering, eight counts of aiding and abetting securities fraud, nine counts of aiding and abetting mail fraud, and 22 counts of aiding and abetting money laundering.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
K2 Certified Public Accountants Escondido, CA FNP 2061
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Klingensmith shall cease practicing as or under the accountancy firm of Ron Klingensmith & Associates, CPAs, Inc, and shall cause to be removed from the Internet its website "Ron Klingensmith & Associates, CPA" as of the effective date of CBA's decision and order.
Mr. Klingensmith fully understands and agrees that as a condition precedent to the restoration of any license to him from the CBA, he shall submit proof to the CBA that he has responded to and produced documents and information within his possession, custody or control as previously requested by the CBA's subpoenas and inquiry letters.
Mr. Klingensmith shall pay the CBA its costs of investigation and enforcement in the amount of $10,000 within 30 days after the effective date of the decision and order.
If Mr. Klingensmith ever files an application for licensure or a petition for reinstatement with the CBA, the CBA shall treat it as a petition for reinstatement. All of the charges and allegations contained in Accusation No. AC-2010-36 shall be deemed to be true, correct and admitted by Mr. Klingensmith when the CBA determines whether to grant or deny the petition.
Mr. Klingensmith shall pay the CBA its remaining costs of investigation and enforcement of this matter in the amount of $14,996.64 prior to the issuance of a new or reinstated license.
Effective October 27, 2012
Also See:
Cause For Discipline
Mr. Klingensmith admits the truth of each and every charge and allegation in Accusation No. AC-2010-36.
Mr. Klingensmith is subject to disciplinary action for breach of fiduciary responsibility in administering a charitable remainder trust. Mr. Klingensmith, as the sole trustee of the charitable remainder trust, failed to make two quarterly distributions in 2008, failed to prepare annual accountings, and failed to provide Schedule K-1's to the beneficiaries for 2007 and 2008. Mr. Klingensmith failed to respond to the CBA's multiple inquiries and subsequent subpoena regarding administration of the charitable remainder trust.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (i) and (g). California Code of Regulations, Title 16, Division 1, § 52 (a) and (b).
Related Documents:
Kalajian, Thomas V. Laguna Hills, CA CPA 22037
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Respondent is required to reimburse the Board $18,803 for investigative and prosecution costs.
Effective May 2, 2001
Also See:
Cause For Discipline
During the period of time from February 27, 1997, through February 10, 1998, Respondent wrote 45 checks on behalf of a client payable to himself, totaling $120,638. However, documents provided to the client only disclosed that Respondent received $26,333. The balance, which totaled $94,305, was received without the client's authorization, knowledge, or consent.
Furthermore, Respondent's CPA certificate was not valid between April 1, 1995, and June 13, 1995, and between April 1, 1997, and June 13, 1997. Respondent performed public accountancy and used the CPA designation during these periods of delinquent licensure.
Respondent also practiced public accountancy as "Thomas Kalajian, CPA, Inc." even though the corporate name was not licensed with this Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5060, 5100 (c), (h), (i), and (j).
Related Documents:
Kalinowski, Joseph Eugene Walnut Creek, CA CPA 56814
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Kalinowski shall take and pass with a score of 90 percent or better a Board-approved ethics course within the first year of probation.
Mr. Kalinowski is required to reimburse the Board $3,820 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective August 30, 2007
Cause For Discipline
Mr. Kalinowski admitted to have practiced public accountancy with an expired license between November 1, 2005, and April 27, 2006.
Mr.Kalinowski admitted to practicing as a principal accountant in an accounting firm between November 1, 2005, and April 27, 2006.
Mr. Kalinowski's renewal application was due on October 31, 2005, but he did not submit the application to the California Board of Accountancy until April 28, 2006.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g).
Related Documents:
Kaplan, Nicole Rae Agoura Hills, CA CPA 70888
CBA Actions
Surrender of license, via stipulated settlement.
Ms. Kaplan shall pay the CBA $4,212.50 for its investigation and prosecution costs prior to the issuance of a new or reinstated license.
Effective March 3, 2013
Cause For Discipline
Accusation No. AC-2012-3 contains the following allegations:
On or about March 22, 2011, a final judgment was entered against Ms. Kaplan by the Securities and Exchange Commission (SEC) enjoining her from further SEC violations, ordering her to pay $31,050 in disgorgement of ill gotten gains and prejudgment interest of $16,445, and further provided that upon motion of the SEC, the court will determine whether or not a civil penalty is appropriate and the amount of any such penalty. Additionally, on or about April 8, 2011, in a case entitled "In the Matter of Nicole Rae Kaplan, CPA, Respondent," Securities and Exchange Commission Release No. 64271/Administrative Proceeding file No. 3-14331, the SEC permanently suspended Ms. Kaplan from appearing or practicing before the SEC as an accountant.
Ms. Kaplan admits the truth of each and every charge and allegation in Accusation No. AC-2012-3.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (l) and (h).
Related Documents:
Kardos, Sandra Eve Van Nuys, CA CPA 17488
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Ms. Kardos shall return all requested accounting records to complainant or designated accountant.
Ms. Kardos is required to reimburse the Board $13,780.11 for its investigation and prosecution costs.
Effective September 1, 2008
Cause For Discipline
Ms. Kardos is subject to disciplinary action following disbarment from practice before the Internal Revenue Service by order of the IRS on or about October 2, 2006. The facts are that the United States Department of Treasury, Director of Professional Responsibility, filed a complaint on November 1, 2004, alleging that Ms. Kardos engaged in disreputable conduct. Ms. Kardos filed an answer. The matter was set for hearing in August 2006 but neither Ms. Kardos, nor a designated representative, appeared. Therefore, a Default Decision was entered in favor of the IRS.
Ms. Kardos is subject to disciplinary action for failing to report to the Board her disbarment from practice before the IRS and for failing to respond to the Board's request for a written explanation of the facts and circumstances that led to the disbarment.
Ms. Kardos is subject to disciplinary action for her failure to respond to the Board's written requests regarding complaints filed against her by a client.
Ms. Kardos is subject to disciplinary action on the grounds of unprofessional conduct in that she demonstrated gross negligence in failing to exercise due diligence when processing and filing Forms W-2 and W-3 and failing to timely file state and federal income tax returns, as they relate to client F-W, Inc.
Ms. Kardos is subject to disciplinary action in that she failed to provide client records requested by or on behalf of F-W Inc.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b), 5063(a)(3), and (e), 5100(c), (g), and (h). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.
Related Documents:
Katz, Marc A. Lake Forest, CA CPA 20963
CBA Actions
License revoked.
Effective September 6, 1995
Cause For Discipline
On December 20, 1991, Respondent's certificate was revoked, however, revocation was stayed and Respondent was placed on three years probation including certain terms and conditions. During the period of September 1992 through December 1993, Respondent misappropriated funds entrusted to him by his client totaling more than $4,850 while his client was out of the country.
Respondent admitted his embezzlement to the police; however, criminal charges were not filed, and Respondent paid the client restitution.
Respondent was grossly negligent in his preparation of another client's 1988 tax return. When his client informed Respondent of additional tax due to Internal Revenue Service (IRS), he failed to take action as promised. As a result, the client received notice of a federal tax lien and their IRA fund was levied. In addition, Respondent did not return his client's tax records when the client refused to pay the tax preparation fee.
Violation(s) Charged
Business and Professions Code §§ 5100(c) (f) (h) and (j), California Code of Regulations, Title 16, Division 1, §§ 60, 68, and 99(a) and (d), and a violation of probation terms.
Related Documents:
Keddington, Kenneth Morris Carson City, NV CPA 19545
CBA Actions
Surrender of license accepted. Reimbursement to the Board for investigative and legal costs.
Effective February 14, 1994
Cause For Discipline
Having certified under penalty of perjury that all applicable continuing education requirements were met in the renewal of his active license in 1990, Respondent failed to maintain records confirming his attendance and/or failed to submit records upon repeated requests of the Board. Respondent further failed or refused to appear before the Administrative Committee pursuant to written notice.
Violation(s) Charged
Business and Professions Code § 5100 (f). California Code of Regulations, Title 16, Division 1, §§ 69.1, 89 (c) and (d).
Related Documents:
Kelly, Gregory J. San Jose, CA CPA 52926
CBA Actions
Revocation stayed, three years' probation, via stipulated decision.
Probation terms include:
Respondent must complete 48 hours of continuing education in addition to the 80-hour requirement for the licensing period ending November 30, 1998. Respondent must also pay investigative and prosecution costs within 24 months, and undergo supervised practice for all audits, reviews, and compilations by an outside CPA selected by Respondent and subject to approval by the Board or its designee.
Other standard terms of probation.
Effective June 22, 1997
Cause For Discipline
Respondent admits to the allegations contained in the Accusation; specifically, Respondent committed gross negligence in the performance of three homeowner's association audits, and was unable to produce continuing education documentation in support of 48 hours claimed in the licensing period ended November 30, 1992.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(c) and (f). California Code of Regulations, Title 16, Division 1, §§ 87 and 89.
Related Documents:
Kelly, Gregory J. Saratoga, CA CPA 52926
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 6, 1999
Reinstated January 18, 2006
Cause For Discipline
Mr. Kelly prepared a review report that contained reporting deficiencies; used the plural designation "certified public accountants" while practicing as a sole practitioner; and failed to make payments to reimburse the Board for investigation and prosecution costs pursuant to Stipulation in Settlement AC-96-6.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (f) and 5062. California Code of Regulations, Title 16, Division 1, §§ 58 and 66.
Related Documents:
Kelly, Jack D. San Francisco, CA CPA 7370
CBA Actions
License revoked by default decision.
Effective September 6, 1995
Cause For Discipline
Respondent was grossly negligent in the preparation of a client's 1988 tax return and breached his fiduciary responsibility to the client by failing to file an appeal or amended returns with the Internal Revenue Service (IRS) as promised. He also failed to return tax records of a second client and was grossly negligent in failing to timely prepare his 1987 tax return.
Mr. Kelly failed to appear before the Administrative Committee at the Board's request.
In addition, Mr. Kelly failed to provide the Board Investigator evidence of having completed 80 hours of required continuing education.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100(c), (h), (f), and 5037. California Code of Regulations, Title 16, Division 1, §§ 3, 60, and 68.
Related Documents:
Kenneally, David N. Rossmoor, CA CPA 56267
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Kenneally's license is suspended for 90 days.
Mr. Kenneally shall reimburse the CBA in the amount of $5,000 for its investigation and prosecution costs to be made within one year of the effective date of the decision or per an approved payment plan.
Effective December 26, 2012
Cause For Discipline
First Amended Accusation No. AC-2011-19 contains the following allegations:
On August 17, 2010, a federal court entered a final judgment in the civil action filed by the Securities and Exchange Commission (SEC) which ordered Mr. Kenneally to pay disgorgement of $126,676, prejudgment interest of $23,324, and a civil penalty in the amount of $32,500. The final judgment further permanently enjoined Mr. Kenneally from future violations of the Exchange Act. On or about September 10, 2010, the SEC issued an order suspending Mr. Kennally's right to appear or practice before the SEC as an accountant. After three years, Mr. Kenneally may request the SEC to consider reinstatement.
The circumstances surrounding the above referenced judgment and order are: Mr. Kenneally was New Century Financial Corporation's (New Century) controller (July 2005 to March 2007) and assistant controller (July 2003 to July 2005). The SEC's complaint alleged that Mr. Kenneally, among other things, in the second and third quarter of 2006, contrary to Generally Accepted Accounting Principles, implemented changes to New Century's method for estimating its' loan repurchase obligation and failed to ensure that New Century's backlog of pending loan repurchase requests were properly accounted for, resulting in an understatement of New Century's repurchase reserve and a material overstatement of New Century's financial results.
Mr. Kenneally failed to report his discipline by the SEC to the CBA within 30 days of notice thereof.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063(c), 5100(g), (h) and (l).
Related Documents:
Kenny H. Lee CPA Group, Inc. Gardena, CA COR 5185
CBA Actions
Kenny H. Lee CPA Group, Inc.'s license is revoked, via decision, following appeal and court judgment sustaining decision. Effective date of the decision was stayed pending the appeal.
Effective June 3, 2011
Also See:
Cause For Discipline
Kenny H. Lee CPA Group, Inc.'s registration with the Public Company Accounting Oversight Board (PCAOB) was revoked. The firm was grossly negligent in audit services it performed, lacked independence in one engagement, and failed to perform any audit procedures prior to issuing an audit report. The firm failed to report to the Board the initiation of the investigation by the PCAOB and the discipline imposed by the PCAOB.
In a separate matter, Kenny H. Lee CPA Group, Inc. was grossly negligent in tax preparation services they provided by preparing an estate tax return for a client whose mother's estate consisted of a house valued at $270,000, well below the $1,500,000 filing requirement.
On June 4, 2009, the California Board of Accountancy ("Board") adopted the attached "Decision After Non-Adoption of Proposed Decision," revoking Kenny H. Lee CPA Group, Inc.'s License effective July 4, 2009. On June 22, 2009, the Board corrected clerical errors in the decision and issued the attached "Order Correcting Clerical Error and Amended Order Nunc Pro Tunc After Non-Adoption of Proposed Decision."
Respondent subsequently filed a petition for a Writ of Mandate and Ex Parte Application for Stay of Administrative Hearing on or about June 25, 2009, in Los Angeles County Superior Court (Kwang-Ho Lee and Kenny H. Lee CPA Group., Inc. v. California Board of Accountancy, Case No. BS121343). On June 26, 2009, the Superior Court granted Respondent's request for a stay and ordered the Board to "stay the operation of its decision... pending the entry of judgment in the administrative mandamus proceeding..." However, the Superior Court also ordered Respondent's license restricted pending entry of judgment: Respondent was "prohibited from performing any estate tax work or independent audit work." On January 4, 2010, the Superior Court denied Respondent's petition and issued a judgment in favor of the Board.
Subsequently, Respondent filed a notice of appeal on December 30, 2009, and then an Application for a Writ of Supersedeas and request for stay on January 12, 2010 with the California Court of Appeal. (Kwang-Ho Lee and Kenny H. Lee CPA Group., Inc. v. California Board of Accountancy, Cal.Ct.App.2nd Dist., Case No. B221561.) On January 19, 2010, the Court of Appeal ordered that the Board's decision be "temporarily stayed" pending further order of the Court. However, the Court also ordered that Respondent's license was restricted and that the firm was prohibited from performing any estate tax work or independent audit work pending the outcome of the Court's decision. On February 10, 2010, the Court of Appeal vacated its January 19 stay order, and issued a new stay order with the same practice restrictions as the January 19 stay order. On May 4, 2011, the Court affirmed the Superior Court's judgment to uphold the Board's decision and vacated its stay order entered on February 10, 2010.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, Sections 5100(c), 5100(l), and 5063.
California Code of Regulations, Title 16, Division 1, Section 65.
Related Documents:
Appellate District Court Orders and Disposition
Superior Court Order BS 121343
Kim, Byung Rok Garden Grove, CA CPA 79933
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Kim shall take and pass with a score of 90 percent or better an eight-hour Board-approved ethics course within 180 days from the effective date of the Board's decision.
Mr. Kim is required to reimburse the Board $3,300 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective June 23, 2006
Cause For Discipline
For purposes of settlement, Mr. Kim admits that on or about December 28, 2001, he pleaded no contest to the crime of petty theft.
The circumstances surrounding the conviction are that on or about November 23, 2001, Mr. Kim did unlawfully steal, take, and carry away personal property belonging to Fry's Electronics. Mr. Kim did not report his conviction to the California Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, and 5100 (a), (g), and (k).
Related Documents:
Kim, David Deuk-Kwon Los Angeles, CA CPA 56598
CBA Actions
Revocation of CPA license, via default decision.
Effective October 27, 2012
Cause For Discipline
Accusation and Petition to Revoke Probation No. D1-2008-19 contains the following allegations:
Mr. Kim is subject to disciplinary action, on the grounds of unprofessional conduct, in that Mr. Kim failed to respond to inquiries made by the CBA or its appointed representatives within 30 days of notices mailed on or about October 8, 2009, February 8, 2010, April 15, 2010, and April 19, 2011.
Mr. Kim is subject to disciplinary action in that he failed to comply with certain terms of his probation. Mr. Kim failed to reimburse the CBA in the amount of $7,456.80 for its investigation and prosecution costs. Mr. Kim failed to submit written reports during his probation to the CBA and make personal appearances as directed by the CBA. Mr. Kim failed to complete continuing education courses and take and pass an approved ethics examination during his probation as required.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (g). California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
Kim, David Deuk-Kwon Los Angeles, CA CPA 56598
CBA Actions
Revocation stayed with three years' probation, via proposed decision.
Mr. Kim shall complete continuing education courses as specified by the Board.
Mr. Kim shall take and pass with a score of 90 percent or better a Board approved ethics course.
Mr. Kim is required to reimburse the Board $7,456.80 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective October 30, 2009
Cause For Discipline
Beginning July 7, 2006 and continuing through September 2007, Mr. Kim willfully impeded an Applicant's certification process by failing to appear and respond to the Board's Qualifications Committee's inquiries. The inquiries were in regards to the Certificate of Attest Experience in which Mr. Kim certified the Applicant's practice experience for the period of July 1, 2003 through August 31, 2005. In conjunction with this time period, Mr. Kim willfully violated continuing education basic requirements as he could not provide satisfactory evidence of completing qualifying education for the period ending January 31, 2005. Mr. Kim also failed to register his firm name "Kim & Co."
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5060 and 5100(g). California Code of Regulations, Title 16, Division 1, § 52, 69(b), 69(e), 69(f), 87(a), and (c).
Related Documents:
Kim, Kevin Tohyon Los Angeles, CA CPA 60277
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Kim's license is suspended for 180 days.
Mr. Kim shall be permanently prohibited from performing audit or review engagements.
Mr. Kim shall complete 80 hours of continuing education courses (CE). The CE shall be in addition to the CE requirement for license renewal.
Mr. Kim shall take and pass with a score of 90 percent or better a Board approved ethics course.
Mr. Kim is required to reimburse the Board $8,423.30 for its investigation and prosecution costs.
Mr. Kim shall at all times maintain an active license status with the Board.
Other standard terms and conditions.
Effective October 30, 2009
Cause For Discipline
Mr. Kim admits the truth of each and every charge and allegation in Accusation No. AC-2008-169.
Mr. Kim was grossly negligent for issuing a review report when he lacked independence and for preparing both a report and work papers that did not conform to professional standards.
Mr. Kim misrepresented material facts on his December 31, 2006, license renewal reporting that he had completed the 80-hour license renewal requirement when in fact he had only completed an 8-hour ethics course.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 (b), (c), and (g). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Kimball, Randy B. Rancho Cucamonga, CA CPA 27475
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Kimball's license is suspended for three months.
Mr. Kimball shall not prepare income tax returns for clients during the period of suspension, unless he has a valid tax preparer registration with the California Tax Education Council.
Mr. Kimball shall maintain an active CPA license.
Mr. Kimball is required to reimburse the Board $6,947 for its investigation and prosecution costs.
Mr. Kimball is required to notify his clients of suspension from practice as a certified public accountant.
Other standard terms and conditions.
Effective April 1, 2004
Cause For Discipline
Mr. Kimball is subject to discipline on the grounds of unprofessional conduct in that he was suspended from practice before the IRS for a six-month period, July 1 through December 31, 1996, as a result of his failure to timely file his personal income tax returns for the years 1986 through 1993.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100 (g) and (h), and Division 8, Chapter 14, § 22253 (a) (1). California Code of Regulations, Title 16, §§ 80 and 87.
Related Documents:
Kimball, Randy B. Rancho Cucamonga, CA CPA 27475
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective February 24, 2006
Cause For Discipline
For previous violations of the Accountancy Act and Board regulations, Mr. Kimball's permit to practice public accountancy was revoked; however, the revocation was stayed, and a term of three years of probation was imposed. The discipline imposed included a three-month period of suspension effective on April 1, 2004.
Accusation and Amended Petition to Revoke Probation, No. D1-2003-34, contain the following allegations of Mr. Kimball's additional unprofessional conduct.
From on or about January 1, 2004, through on or about March 31, 2004, Mr. Kimball engaged in the practice of public accountancy and continued to use the CPA designation during the time in which his license was expired. During this time, Mr. Kimball provided professional income tax preparation services to clients.
From on or about April 1, 2004, through June 30, 2004, Mr. Kimball continued to use the CPA designation in correspondence with third parties for the purpose of preparing tax returns and in billing his clients while his permit was under suspension.
Mr. Kimball failed to comply with the terms of his probation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g).
Related Documents:
King, Harley W. J. Walnut Creek, CA CPA 10479
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective January 19, 1996
Cause For Discipline
Respondent has admitted the charges. Specifically, on August 24, 1993, in the Contra Costa County Superior Court, Respondent pled guilty to a charge of grand theft under Section 487.1 of the Penal Code. The circumstances were that Respondent unlawfully took money and personal property from his client between 1986 and 1989 and from the estate of this client following her death in 1989 until 1991. The approximate loss to the clients exceeded $770,000.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Kitay, Ruben Marina Del Rey, CA CPA 7662
CBA Actions
Surrender of license accepted.
Effective January 11, 1995
Cause For Discipline
Accusation No. AC-91-16 charged that during 1981 to 1986, Respondent solicited accounting clients to invest in or make loans to an entity in which he was an officer and sole shareholder. The Accusation further charged that Respondent failed to fully disclose to his clients the suspended status of the entity and misrepresented the nature and liquidity of the investments. The Accusation also alleged that Respondent accepted commissions and/or finder's fees for referring clients to invest in limited partnerships. In addition, if Respondent ever reapplies for a license to practice public accountancy, the surrender of license shall be deemed as admission to the above facts and grounds for denial of such license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations Title 16, Division 1, §§ 56, 57, and 60.
Klein, Eric Mark Encino, CA CPA 46150
CBA Actions
Revocation stayed with three years' probation, via Stipulated Settlement.
Mr. Klein's license is suspended for six months.
Mr. Klein shall maintain an active license status.
Mr. Klein shall complete an ethics exam with a score of 90 percent or better.
Mr. Klein is required to reimburse the Board $6,073.57 for its investigation and prosecution costs.
Other standard terms of probation.
Effective June 17, 2007
Cause For Discipline
Mr. Klein is subject to discipline in that he failed to complete the minimum number of required hours of continuing education (CE) to renew his CPA license in October 2005.
Mr. Klein is further subject to discipline in that he knowingly made false statements on his October 2005 renewal application as to completion of the minimum required hours of CE for renewal to active status in October 2005.
During the Board's investigation, Mr. Klein admitted that he had not completed all of the CE courses reported for renewal. In addition, the certificates of CE completion provided during the investigation were for courses completed outside of the relevant renewal period.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (b) and (g). California Code of Regulations, Title 16, Division 1, § 87.
Related Documents:
Klingensmith, Ronald D Escondido, CA CPA 50448
CBA Actions
Surrender of CPA license, via stipulated settlement.
Mr. Klingensmith shall cease practicing as or under the accountancy firm of Ron Klingensmith & Associates, CPAs, Inc, and shall cause to be removed from the Internet its website "Ron Klingensmith & Associates, CPA" as of the effective date of CBA's decision and order.
Mr. Klingensmith fully understands and agrees that as a condition precedent to the restoration of any license to him from the CBA, he shall submit proof to the CBA that he has responded to and produced documents and information within his possession, custody or control as previously requested by the CBA's subpoenas and inquiry letters.
Mr. Klingensmith shall pay the CBA its costs of investigation and enforcement in the amount of $10,000 within 30 days after the effective date of the decision and order.
If Mr. Klingensmith ever files an application for licensure or a petition for reinstatement with the CBA, the CBA shall treat it as a petition for reinstatement. All of the charges and allegations contained in Accusation No. AC-2010-36 shall be deemed to be true, correct and admitted by Mr. Klingensmith when the CBA determines whether to grant or deny the petition.
Mr. Klingensmith shall pay the CBA its remaining costs of investigation and enforcement of this matter in the amount of $14,996.64 prior to the issuance of a new or reinstated license.
Effective October 27, 2012
Also See:
K2 Certified Public Accountants
Cause For Discipline
Mr. Klingensmith admits the truth of each and every charge and allegation in Accusation No. AC-2010-36.
Mr. Klingensmith is subject to disciplinary action for breach of fiduciary responsibility in administering a charitable remainder trust. Mr. Klingensmith, as the sole trustee of the charitable remainder trust, failed to make two quarterly distributions in 2008, failed to prepare annual accountings, and failed to provide Schedule K-1's to the beneficiaries for 2007 and 2008. Mr. Klingensmith failed to respond to the CBA's multiple inquiries and subsequent subpoena regarding administration of the charitable remainder trust.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (i) and (g). California Code of Regulations, Title 16, Division 1, § 52 (a) and (b).
Related Documents:
KMJ / Corbin & Company, LLP Costa Mesa, Ca PAR 6605
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Respondent shall have a peer review completed by December 31, 2013 and submit it to the CBA within 45 days after acceptance by a Board-recognized peer review provider.
Respondent shall reimburse the CBA's investigative and prosecution costs including costs of probation monitoring not to exceed $50,000. The current investigative and prosecution costs of $29,163 shall be reimbursed within 30 days of the date the CBA's decision is final. Any costs owed, exclusive of costs of probation monitoring, shall be reduced by any payments made by co-Respondents to Accusation No. AC-2012-32, Kendall Merkley and Anthony J. Price.
Respondent shall provide two eight-hour training courses for its accountants officed in California in the area of audits conducted under PCAOB Standards and Rules by December 31, 2013. For those accountants who attend, the 16 hours of training shall not be counted towards the CBA's continuing education requirements for relicensing.
Respondent shall disseminate the Stipulated Settlement and Disciplinary Order to all of its professional personnel officed in California, within 15 days of the effective date of this order.
Respondent shall comply with all requirements imposed by the SEC and shall report such compliance with the CBA.
Other standard terms of probation.
Effective March 3, 2013
Also See:
Cause For Discipline
Accusation No. AC-2012-32 contains the following allegations:
On or about September 13, 2010, the United States Securities and Exchange Commission (SEC) issued an Order which censured Respondent KMJ/Corbin & Company, LLP (KMJ); suspended KMJ Partner Respondent Kendall Merkley from appearing or practicing before the SEC as an accountant for three years and required Merkley to cease and desist from committing or causing any violations and any future violations of certain federal securities laws; and suspended KMJ Partner Anthony J. Price from appearing or practicing before the SEC as an accountant for two years. Respondents consented to the entry of the SEC order against them without admitting or denying the findings therein.
The SEC Order stated in pertinent part: "While supervising and conducting KMJ's audits and reviews of Home Solutions of America's (HSOA) financial statements for 2004, 2005, 2006 and the periods ended March 31 and June 30, 2007, Merkley (except as to 2007) and Price failed to adhere to PCAOB Standards and Rules. In summary, Merkley and Price failed to: (i) obtain sufficient competent evidential matter regarding bonuses, revenues, and cost of revenues with respect to KMJ's 2004, 2005, and 2006 audit engagements; (ii) comply with PCAOB Auditing Standard No. 3, Audit Documentation; (iii) adequately plan the audit and properly supervise assistants in connection with the 2006 engagement; and (iv) conduct reviews of interim financial information in accordance with PCAOB Standards and Rules. Additionally, Merkley caused KMJ to issue inaccurate audit reports in that he should have known that KMJ's audit reports were false because they incorrectly represented that the audits were conducted in accordance with PCAOB standards and that HSOA's financial statements were prepared in conformity with GAAP."
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(l).
Related Documents:
Konkle, Ronald Paul Vacaville, CA CPA 56833
CBA Actions
License revoked. Revocation stayed with three years probation imposed.
Terms of probation include 30 days actual suspension, an ethics course, reimbursement to the Board for investigative costs, along with other standard terms of probation.
Effective November 17, 1993
Cause For Discipline
For purposes of settlement, Respondent admits that he practiced public accountancy between February 1984 and September 1990 without a valid license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (f), 5050, and 5055.
Related Documents:
Konkle, Ronald Paul Vacaville, CA CPA 56833
CBA Actions
License Revoked.
Effective May 27, 1995
Reinstated June 18, 1997
Cause For Discipline
Effective November 11, 1993, Respondent was placed on probation by the Board for practicing public accountancy between February 1984 and September 1990 without a valid license.
Respondent violated the terms of his probation in that he failed to file the Probationer's Quarterly Reports of Compliance and submit his payments for reimbursement of costs in a timely manner.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(f).
Related Documents:
Konkle, Ronald Paul Vacaville, CA CPA 56833
CBA Actions
Revocation stayed with one year's probation, via stipulated settlement.
Respondent shall be prohibited from performing audits, reviews, compilations, and other attest engagements for a period of at least one year from the effective date of the Board decision.
Respondent may resume providing attest services after one year from the effective date of the Board decision when the following conditions are met:
- Respondent shall take and pass the audit section of the CPA Examination prior to his resumption of such professional services.
- Respondent shall notify the California Board of Accountancy of his intentions to resume performing attest engagements and arrange for review of his work by another CPA.
- Respondent is required to reimburse the Board $1,000 for its investigation and prosecution costs.
Effective September 1, 2001
Cause For Discipline
Respondent admits that he was grossly negligent in the three engagements set forth in the Accusation. Respondent performed two audits of nonprofit organizations that contained extreme departures from generally accepted auditing standards and government auditing standards.
Respondent performed a review engagement that contained extreme departures from professional standards.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 (c), (f). California Code of Regulations, Title 16, Division 1, § 58. Terms of probation.
Related Documents:
KPMG LLP Los Angeles CA PAR 157
CBA Actions
Suspension of CPA Partnership for one year stayed, with three years' probation, via stipulated settlement.
Probation terms include:
Administrative sanction of $1,000,000.
Cost reimbursement to the Board for its costs of investigating and prosecuting this and related tax shelter cases.
Dissemination of the Stipulated Settlement within 30 days to all KPMG professional personnel located in California offices.
Cooperation with the Board in its ongoing investigation and prosecution of other Board licensees regarding KPMG tax shelters.
Other standard terms and conditions.
Effective January 18, 2008
Cause For Discipline
On or about August 26, 2005, the United States Attorney's Office for the Southern District of New York and KPMG entered into a Deferred Prosecution Agreement (DPA) along with an accompanying Statement of Facts. KPMG consented to the filing of a one-count Information (which was dismissed upon KPMG's successful compliance with the DPA). This Information charged KPMG with participating in a conspiracy to defraud the United States and its agency the Internal Revenue Service to commit tax evasion, to make and subscribe false and fraudulent tax returns, and to aid and assist in the preparation and filing of said tax returns. Within the DPA and the associated Statement of Facts, KPMG accepted responsibility for violations of law. KPMG admitted, through the conduct of certain KPMG tax leaders, partners, and employees, KPMG had assisted high net worth United States citizens to evade United States individual income taxes on billions of dollars in capital gain and ordinary income by developing, promoting and implementing unregistered and fraudulent tax shelters.
Accusation No. AC-2006-28 incorporated the facts admitted by KPMG in the DPA and its associated Statement of Facts. Causes for discipline within the accusation include:
- Fraud in the practice of public accountancy.
- Gross negligence in the practice of public accountancy.
- Dishonesty in the practice of public accountancy.
- Knowing preparation of false, fraudulent or materially misleading information.
- Willful failure to observe professional standards, and
- Conspiracy with unlicensed persons to violate the Accountancy Act.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 125, 5100, 5100 (c), (g), and (j).
Related Documents:
Kramer, Stuart D. Poway, CA CPA 36758
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective September 1, 2001
Cause For Discipline
On May 2, 2001, a Petition to Revoke Probation was filed against the Respondent, as the Respondent had not complied with the terms of probation pursuant to a Stipulated Settlement and Disciplinary Order.
Respondent did not submit written quarterly reports within 10 days of completion of the quarter. Respondent did not reimburse the Board $7,912 for its investigation and prosecution costs or, in the alternative, provide evidence of financial hardship to the Board and request consideration for community service.
Violation(s) Charged
Terms of probation.
Related Documents:
Kramer, Stuart D. San Diego, CA CPA 36758
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Respondent shall complete eight hours of ethics education.
Respondent is required to reimburse the Board $7,912 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective September 1, 2000
Cause For Discipline
Respondent admits the truth of the allegations set forth in Accusation AC-2000-7. Respondent failed to prepare the 1996 income tax returns for a client prior to the tax deadlines.
Respondent retained the client's tax records despite demands from the client. Respondent returned the records only after being issued a subpoena by the Department of Consumer Affairs, Division of Investigation.
Respondent practiced public accountancy with an expired license, and he also used a fictitious name that had not been approved by the Board.
Respondent failed to notify the Board of Accountancy in writing of his change of address.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5060, 5100 (c), and (f). California Code of Regulations, Title 16, Division 1, §§ 3, 52.1, 67, and 68.
Related Documents:
Krell, Steven Studio City, CA CPA 34692
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective June 24, 2005
Cause For Discipline
Mr. Krell admitted the truth of each charge and allegation in Accusation No. AC-2005-6.
Mr. Krell, as a custodian of a client's trust account, wrote checks to himself totaling approximately $998,900. A majority of the funds were taken by Mr. Krell for his own personal use.
In a separate incident, Mr. Krell had a different client write checks to Mr. Krell totaling $538,000 to be invested with Mr. Krell's firm. Mr. Krell only invested $138,000 of the $538,000 and embezzled $400,000 for his own personal use.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c), (i), and (k).
Related Documents:
Kyle, Jill Fremont, CA CPA 42518
CBA Actions
License revoked.
Respondent must reimburse the Board for investigation costs.
Effective May 27, 1995
Cause For Discipline
During the period September 8, 1986, through August 26, 1992, the Respondent, in her position as assistant controller and later as controller, embezzled an amount approximating $35,000 from her employer. The Respondent agreed to reimburse her employer for all amounts embezzled together with legal fees, audit fees and interest. The Respondent has paid to her employer the reimbursement amount in full.
Violation(s) Charged
Business and Professions Code § 5100(f) and (j). California Code of Regulations, Title 16, Division 1, § 60.
Related Documents:
Labendeira, Anthony Fresno, CA CPA 11725
CBA Actions
License revoked. Revocation stayed with 3 years probation. Probation terms include one year suspension, 80 hours additional CPE, prohibition against any future review or audit engagements until Respondent demonstrates to the Board his competency to do such work, reimbursement to the Board for investigative costs, reimbursement to clients of $5,000 and other standard terms of probation.
Effective October 15, 1993
Cause For Discipline
Respondent was grossly negligent relative to his preparation of an audit report in that he used an incorrect accountant's report, failed to refer to the statement of changes in financial position included in the client's financial statements and failed to qualify his report for or correct other financial statement and disclosure errors. Respondent's audit work papers also failed to document audit planning, confirmations, internal control study, subsequent events testing procedures, and allowances for doubtful accounts. Respondent further accepted a $500 referral fee for recommending tax shelter investments to a client. Respondent further practiced public accountancy while not the holder of a valid permit.
Violation(s) Charged
Business and Professions Code §§ 5100 (c) and (f), 5050. California Code of Regulations, Title 16, Division 1, § 56.
Labendeira, Anthony Fresno, CA CPA 11725
CBA Actions
License revoked.
Effective October 16, 1994
Cause For Discipline
Effective October 15, 1993, via Stipulation, Decision and Order, the Board disciplined Respondent for gross negligence in his preparation of an audit report; accepting a $500 referral fee for recommending tax shelter investments to a client; and practicing public accountancy without a valid permit. Respondent's license was revoked. Revocation was stayed with three (3) years probation and one year suspension imposed, effective October 15, 1993.
As a term of probation, Respondent was ordered to complete continuing education and renew his CPA certificate by the end of his suspension period. Failure to comply with said term was cited as a basis for the automatic revocation of Respondent's license without further proceedings.
Respondent failed to complete the continuing education and renew his CPA certificate within the required time period. Failure to comply with the terms of the Board's disciplinary order.
Violation(s) Charged
Laird, James J. San Ramon, CA CPA 72148
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 7, 2007
Cause For Discipline
Mr. Laird was grossly negligent in the practice of public accountancy by failing to complete an estate tax return after being engaged and paid to do so by a client, and by incorrectly preparing an IRS Application for Tentative Refund, Form 1045, for a separate client.Mr. Laird breached his fiduciary duty as trustee of his deceased mother's trust by failing to properly administer the trust. Mr. Laird failed to provide an annual accounting of the trust after multiple requests from the beneficiaries, failed to properly designate trust property as property of the trust, and failed to file trust tax returns and a final decedent tax return.
Mr. Laird practiced public accountancy under the unregistered name of "James Laird Certified Public Accountant Professional Corporation." Mr. Laird failed to respond to multiple Board inquiries during the investigation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c), (i), (g) and 5060. California Code of Regulations, Title 16, Division 1, § 52.
Related Documents:
Large, Richard Michael Clovis, CA CPA 55701
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Large's license is suspended for a period of two years.
Mr. Large shall take and pass with a score of 90 percent or better a CBA approved ethics examination.
Mr. Large shall comply with the procedures provided by the CBA regarding notification to clients.
Mr. Large shall, within 12 months from the date of signing the stipulation, provide the CBA with a written release from the California Employment Development Department, attesting that full restitution in the amount of $480,000 has been paid.
Mr. Large is required to reimburse the CBA $6,077.50 for its investigation and prosecution costs.
Other standard terms of probation.
Effective December 24, 2010
Cause For Discipline
Accusation No. AC-2009-38 includes charges that Respondent was convicted on a plea of nolo contendere to a reduced misdemeanor charge of violating Unemployment Insurance Code section 2101.5, a crime substantially related to the qualifications, functions and duties of a Certified Public Accountant, and failed to report the conviction to the CBA.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490, Division 3, Chapter 1, § 5063 and 5100 (a).
Related Documents:
Lawrence, William E. Salinas, CA CPA 9169
CBA Actions
Surrender of certificate, via stipulated settlement.
Effective June 19, 1999
Cause For Discipline
Accusation AC-98-27 alleges Respondent began failing to prepare federal and state income tax returns on behalf of several long-standing clients, who annually provided him with their tax records with the understanding that he would prepare their income tax returns. In view of the fact that Respondent is suffering from a medical condition of uncertain duration which renders him unable to practice as a certified public accountant, and in order to avoid the time and expense necessary for an administrative hearing, respondent agreed to surrender his certificate.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b), 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, § 3.
Related Documents:
Leal, Mary M. San Jose, CA CPA 35852
CBA Actions
Via default decision, revocation of CPA Certificate.
Effective November 4, 1996
Cause For Discipline
On July 30, 1996, an accusation was filed against Mary M. Leal alleging Respondent performed audits for two condominium associations, each of which contained extreme departures from generally accepted auditing standards as discussed below: the auditor failed to document any planning for the audits; the auditor failed to document her understanding of the internal control structure and the assessed level of control risk; the auditor failed to document that she obtained sufficient competent evidential matter to afford a reasonable basis for an opinion; Respondent failed to perform analytical procedures; failed to obtain a representation letter from management; failed to make an inquiry to, and obtain a response from, the client's lawyer; failed to exercise due professional care in the performance of the audit; failed to modify the report for deficiencies in financial statement presentation and disclosure.
Respondent failed to maintain the required records for her continuing education for the 1992-1994 renewal period. Respondent also failed to complete continuing education for the 1994-1996 renewal period. Board staff issued two notices to Respondent requesting she submit an audit report and financial statements for review pursuant to the Board's Positive Enforcement Program (Rule 89.1). Respondent failed to respond to the Board's requests during the period of August 1992 to April 1993. Respondent practiced public accounting with an expired license from December 1992 to February 1995.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5055, 5062, 5100(c) and (f). California Code of Regulations, Title 16, Division 1, §§ 87(a), 89(a), 89(b), 89(f), 89.1(a), 89.1(b), 90(a), and 90(c).
Related Documents:
Lee, Janell Missy Oakland, CA CPA 62196
CBA Actions
Surrender of CPA certificate, via stipulated settlement.
Ms. Lee is required to reimburse the Board $3,920 for its investigation and prosecution costs prior to the issuance of a new or reinstated license.
Effective February 25, 2007
Reinstated January 3, 2012
Cause For Discipline
Ms. Lee admits the truth of each and every charge and allegation in Accusation No. AC-2006-21 and agrees that cause exists for discipline and hereby surrenders her CPA certificate.
Ms. Lee admits that she was convicted of a crime substantially related to the practice of public accountancy. Ms. Lee was convicted by a plea of no contest to embezzlement, a misdemeanor charge. While Ms. Lee was employed as a tax compliance manager for Basic American Foods, Ms. Lee processed company tax payments to the California Franchise Tax Board (FTB) in the amounts of $25,000 and $150,000, and sent them to the FTB in payment of her own tax liability.
Ms. Lee failed to report her conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 490, 5036, and 5100 (a).
Related Documents:
Lee, Kwang-Ho Rancho Palos Verdes, CA CPA 64155
CBA Actions
Mr. Lee's license is revoked, via decision, following appeal and court judgment sustaining decision. Effective date of the decision was stayed pending the appeal.
Effective June 3, 2011
Also See:
Cause For Discipline
Kwang-Ho Lee was barred by the Public Company Accounting Oversight Board (PCAOB) from being an associated person of a registered public accounting firm. Mr. Lee was grossly negligent in audit services he performed, lacked independence in one engagement, and failed to perform any audit procedures prior to issuing an audit report. Mr. Lee failed to report to the Board the initiation of the investigation by the PCAOB and the discipline imposed by the PCAOB.
In a separate matter, Mr. Lee was grossly negligent in tax preparation services he provided by preparing an estate tax return for a client whose mother's estate consisted of a house valued at $270,000, well below the $1,500,000 filing requirement.
On June 4, 2009, the California Board of Accountancy ("Board") adopted the attached "Decision After Non-Adoption of Proposed Decision," revoking Mr. Lee's License effective July 4, 2009. On June 22, 2009, the Board corrected clerical errors in the decision and issued the attached "Order Correcting Clerical Error and Amended Order Nunc Pro Tunc After Non-Adoption of Proposed Decision."
Respondent subsequently filed a petition for a Writ of Mandate and Ex Parte Application for Stay of Administrative Hearing on or about June 25, 2009, in Los Angeles County Superior Court (Kwang-Ho Lee and Kenny H. Lee CPA Group., Inc. v. California Board of Accountancy, Case No. BS121343). On June 26, 2009, the Superior Court granted Respondent's request for a stay and ordered the Board to "stay the operation of its decision ... pending the entry of judgment in the administrative mandamus proceeding..." However, the Superior Court also ordered Respondent's license restricted pending entry of judgment: Respondent was "prohibited from performing any estate tax work or independent audit work." On January 4, 2010, the Superior Court denied Respondent's petition and issued a judgment in favor of the Board.
Subsequently, Respondent filed a notice of appeal on December 30, 2009, and then an Application for a Writ of Supersedeas and request for stay on January 12, 2010 with the California Court of Appeal. (Kwang-Ho Lee and Kenny H. Lee CPA Group., Inc. v. California Board of Accountancy, Cal.Ct.App.2nd Dist., Case No. B221561.) On January 19, 2010, the Court of Appeal ordered that the Board's decision be "temporarily stayed" pending further order of the Court. However, the Court also ordered that Respondent's license was restricted and that he was prohibited from performing any estate tax work or independent audit work pending the outcome of the Court's decision. On February 10, 2010, the Court of Appeal vacated its January 19 stay order, and issued a new stay order with the same practice restrictions as the January 19 stay order. On May 4, 2011, the Court affirmed the Superior Court's judgment to uphold the Board's decision and vacated its stay order entered on February 10, 2010.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, Sections 5100(c), 5100(l), and 5063.
California Code of Regulations, Title 16, Division 1, Section 65.
Related Documents:
Appellate District Court Orders and Disposition
Superior Court Order BS 121343
Leib, Kenneth Joel Fair Oaks, CA CPA 20467
CBA Actions
Revocation of CPA certificate.
Reimburse the Board for investigative and prosecution costs. The proposed decision states that the Board of Accountancy shall stay its collection of the costs awarded for a period of four months after the date the Board's decision becomes final. If Respondent provides proof of payment to victim of no less than an amount equal to the costs awarded within that period of time, the Board's stay shall become permanent.
Effective September 7, 1996
Cause For Discipline
On March 8, 1993, in the Municipal Court of the Southeast/San Antonio Judicial District for the County of Los Angeles, State of California, Respondent entered a plea of nolo contendere to a felony violation of Penal Code section 504 (embezzlement) and admitted the special allegation of violation of Penal Code section 12022.6(a) (taking, damaging or destroying property in excess of $25,000).
Factually, during the period January 1, 1990 and August 31, 1992, while employed by C.A.R. Truck and Trailer Repair (CAR) as a certified public accountant, Respondent unlawfully appropriated from CAR, for his own purposes, at least $63,000 entrusted to him. The funds were sales tax monies intended for remittance to the State Board of Equalization.
The Board of Equalization demanded satisfaction of the tax liability and CAR's attempts to meet this demand resulted in significant financial hardship. CAR's credit rating was adversely affected as a direct result of Respondent's actions.
Violation(s) Charged
Business and Professions Code §§ 5100(a), (c), (h), and (j). California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Leung, Bruce King Tong Daly City, CA CPA 27830
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective March 7, 1998
Cause For Discipline
On or about December 31, 1996, a citation was issued to Respondent.
Respondent failed to comply with the citation and, as a result, Respondent's certificate was subject to discipline for unprofessional conduct.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 95.4.
Related Documents:
Leung, Elsie Pasadena, CA CPA 18984
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 7, 2007
Cause For Discipline
Ms. Leung is subject to disciplinary action in that on or about February 28, 2006, the U.S. Securities and Exchange Commission (SEC) issued an order suspending Ms. Leung from appearing or practicing before the SEC.
The SEC suspension followed Ms. Leung's consent to entry of final judgment in the U.S. District Court for the Central District of California on or about February 21, 2006, including terms by which she was permanently barred from serving as an officer or director of a public company and ordered to pay a $750,000 penalty.
Charges filed by the SEC in the matter alleged that Ms. Leung, in her positions as Chief Financial Officer, Chief Operating Officer, and member of the Board of Directors of Gemstar-TV Guide International, Inc., had participated in a scheme to defraud investors by inflating the company's licensing and advertising revenues.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h) and (l).
Related Documents:
Levi, David Howard Beverly Hills, CA CPA 61127
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective May 1, 1998
Cause For Discipline
For purposes of settlement, Respondent neither admits nor denies the allegations contained in First Amended Accusation, but agrees to revocation of CPA Certificate. The charges are that on May 11, 1992, Respondent entered two pleas of guilty in the 363rd Judicial District Court of Dallas County, Texas, involving theft from client trust funds.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100(a) and (h).
Related Documents:
Levine, Paul Los Angeles, CA CPA 15986
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective March 4, 1999
Reinstatement of CPA Certificate. License revoked. Revocation is stayed with three years' probation at standard terms and conditions.
Effective March 11, 2005
Cause For Discipline
Mr. Levine failed to comply with a citation that was issued on or about January 13, 1998. As a result, Mr. Levine's certificate was subjected to discipline for unprofessional conduct.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f).
Related Documents:
Lewis, Charles R. North Hollywood, CA CPA 6638
CBA Actions
License revoked. Revocation stayed and Respondent is placed on probation until December 31, 1995.
Probation terms include prohibition from selling or marketing any investment programs or products during period of probation; prohibition from engaging in any type of investment counseling or working for a company or organization that sells or otherwise promotes investments while licensed as a California CPA; prohibition from accepting, disbursing or otherwise handling client funds; provide all new and existing clients with written notice concerning the status of his CPA license; prohibition from accepting or performing audit engagement(s) during probation (all pending audit engagements are to be transferred to another CPA); prohibition from entering into business ventures of any kind with his accounting clients including loaning money or borrowing money from accounting clients during period of probation; and other standard terms of probation. Upon termination of probationary period (December 31, 1995), CPA certificate shall be revoked.
Effective November 3, 1994
Cause For Discipline
Respondent is the President and major stockholder of a corporation.
Respondent solicited his accounting clients to invest in the corporation and guaranteed the investments by issuing "Notes Straight," which were promissory notes for amounts invested by his accounting clients in the corporation, to be paid "on demand" at variable interest rates.
Respondent breached his fiduciary responsibility to his clients by failing to accurately represent the investment risks associated with the corporation, failing to provide an accurate accounting of the investments and failing to immediately and expeditiously pay all principal and interest in accordance with the terms of the "Notes Straight."
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f).
Related Documents:
Libman, Arnold Charles Sierra Madre, CA CPA 18769
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Libman's license is suspended for one year.
Mr. Libman shall complete four hours of continuing education in ethics.
Mr. Libman shall complete and provide proper documentation of 24 hours of professional education courses for license renewal in addition to the required 80 hours and maintain an active license with the CBA.
Mr. Libman shall reimburse the CBA in the amount of $6,928.80 for its investigation and prosecution costs, which shall be made in quarterly payments with the final payment due one year before probation is scheduled to terminate.
Other standard terms of probation.
Effective October 27, 2012
Cause For Discipline
Mr. Libman admits the truth of each and every charge and allegation in Accusation No. AC-2011-18.
On or about October 8, 2009, after pleading guilty, Mr. Libman was convicted of one felony count of violating 26 U.S.C. section 7206(2) [aiding in the preparation and presentation of fraudulent return] in the criminal proceeding entitled United States of America v. Arnold C. Libman (C.D. Cal., 2009, No. CR-09-00008). The Court sentenced Mr. Libman to 18 months in prison, placed him on one year probation, and ordered him to not engage in preparation of income tax returns or financial consultation without express approval of probation.
The circumstances underlying the conviction are that on or about February 9, 2004, Mr. Libman prepared a United States Individual Income Tax Return, Form 1040, that was false and fraudulent as to a material matter and was submitted to the Internal Revenue Service for an individual. Specifically, as a result of the false expenses on the tax return that Mr. Libman prepared, the return falsely reported a tax liability of $4,108. Without the false expense, the reported (and true) tax liability would have been $10,379.
Mr. Libman also failed to notify the CBA within 30 days of his criminal conviction as required.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490; Division 3, Chapter 1, §§ 5100 (a), (c), (g), (j), and 5063. California Code of Regulations, Title 16, Division 1, § 99.
Related Documents:
Lietzow, Eric Rodney Valencia, CA CPA 78207
CBA Actions
Revocation of CPA license, via default decision
Effective April 28, 2012
Cause For Discipline
The default decision sustains the following allegations in the Accusation:
Mr. Lietzow practiced public accountancy while his license was in an inactive status and he also failed to designate on his title that his license was inactive. On or about March 23, 2011, the CBA became aware that Mr. Lietzow was using the CPA designation, advertising his services on his employer's online website while his license to practice public accountancy was in an inactive status.
Mr. Lietzow failed to comply with a citation issued against his license. On or about March 30, 2011, the CBA issued Citation No. CT-2011-15 to Mr. Lietzow for violations of California Code of Regulations (CCR), Title 16, sections 87(a) and 52. Mr. Lietzow failed to submit certificates of completion documenting a minimum of 80 hours of continuing education to include the deficient two hours for the renewal period ending November 30, 2008. Mr. Lietzow failed to respond to multiple CBA letters and a subpoena issued during the investigation that resulted in the citation being issued. Mr. Lietzow was issued fines totaling $1,000 for both violations. The Citation Order is still outstanding.
Mr. Lietzow failed to respond to CBA inquiries including letters and telephone calls from the CBA regarding compliance issues within 30 days as required by board regulation during the time period of March 28, 2011 to August 17, 2011.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050(a), 5058.2, and 5100(g). California Code of Regulations, Title 16, Division 1, §§ 95.4 and 52.
Related Documents:
Lightfoot, David John Claremont, CA CPA 63828
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Lightfoot shall maintain an active license.
Mr. Lightfoot shall complete four hours of continuing education in ethics.
Mr. Lightfoot shall reimburse the CBA in the amount of $8,550.40 for its investigation and prosecution costs.
Other standard terms of probation.
Effective March 3, 2013
Cause For Discipline
Accusation No. AC-2012-40 contains the following allegations:
Mr. Lightfoot is subject to disciplinary action under Business and Professions Code Section 5100(g) and Section 5061, and California Code of Regulations, Title 16, Section 56, in that Mr. Lightfoot willfully violated Division 3, Chapter 1, of the Business and Professions Code and regulations enacted thereunder by providing products and/or services to a client for a commission without disclosing the commission to the client as required by law.
Mr. Lightfoot admits the truth of each and every charge and allegation in Accusation No. AC-2012-40.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5061 and 5100 (g). California Code of Regulations, Title 16, Division 1, § 56.
Related Documents:
Lindberg, William D. Costa Mesa, CA CPA 8593
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. Lindberg is required to reimburse the Board $7,344.30 for its investigation and prosecution costs.
Effective November 8, 2003
Cause For Discipline
Mr. Lindberg was grossly negligent in the performance of the audit of the financial statements of Advanced Refrigeration Technologies, Inc. for the year ended December 31, 2000.
The auditor's report and the working papers prepared in support of the auditor's opinion failed to comply with applicable professional standards. Specifically, Mr. Lindberg's working papers failed to document that the audit was adequately planned, that he obtained an understanding of internal controls, and that he performed audit procedures that assessed the reasonableness of carrying values of receivables, inventory and patents.
The working papers failed to document Mr. Lindberg's consideration of audit risk and materiality. The financial statements failed to include disclosures required by generally accepted accounting principles related to patents, development stage companies, and accounting for income taxes.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Linden, Patricia Los Angeles, CA CPA 34333
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective May 1, 1998
Cause For Discipline
For purposes of settlement, Respondent admits that she was convicted on a plea of guilty for violating provisions of Title 18, United States Code, Section 371 (conspiracy), a felony, in the United States District Court for the Central District, entitled United States of America v. Patricia Linden.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Related Documents:
Lloyd, Max Clifton South Jordan, UT CPA 15349
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Mr. Lloyd is required to reimburse the Board $4,177 for its investigation and prosecution costs prior to issuance of a new or reinstated license.
Effective June 17, 2007
Cause For Discipline
Mr. Lloyd was convicted on a plea of guilty to one felony count of aiding and abetting in the preparation of a false and fraudulent tax return. The case, United States of America v. Max C. Lloyd, was filed in the United States District Court, District of Utah.
Mr. Lloyd failed to report his conviction to the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5063 and 5100 (a).
Related Documents:
Lopez, Andrew Leo Albuquerque, NM CPA 23260
CBA Actions
Revocation of CPA Certificate, via Decision after Non-Adoption of Proposed Decision.
Effective October 16, 2004
Cause For Discipline
Mr. Lopez was disbarred from practice before the Internal Revenue Service. The facts, occurring in 1990 and underlying the imposition of this discipline, are that Mr. Lopez was found to have engaged in disreputable conduct by willfully participating in and counseling a client in an attempt to evade the payment of federal taxes.
Mr. Lopez neglected and refused to promptly submit and/or counseled a client to refuse to promptly submit records or information to the Internal Revenue Service.
Mr. Lopez engaged in disreputable conduct by attempting to influence the official action of an Internal Revenue Service official by the use of threats and coercion.
Mr. Lopez did not report to the California Board of Accountancy that he was disciplined by the New Mexico Public Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (h).
Related Documents:
Lopez, Anthony Redwood City, CA CPA 15145
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Lopez's license is suspended for 180 days.
Mr. Lopez shall maintain an active license status even during the period of suspension.
Mr. Lopez shall complete and provide proper documentation of 24 hours of continuing education courses.
Mr. Lopez shall take and pass with a score of 90 percent or better a Board-approved ethics course prior to resumption of practice after the period of suspension.
Mr. Lopez shall have supervised practice for audit, review or compilation engagements. Mr. Lopez shall pay the cost of monitoring.
Mr. Lopez is required to reimburse the Board $12,133.50 for its investigation and prosecution costs.
Other standard terms of probation.
Effective April 29, 2007
Also See:
Cause For Discipline
Mr. Lopez was grossly negligent for issuing the compilation reports of Woodside Fund Corporation as of November 30, 2000, and 2001 that did not conform to professional standards. In addition, the reports were issued under the firm name of Lopez & Lopez CPAs (firm) while the firm was not registered with the Board.
Mr. Lopez practiced public accountancy while his permit was expired.
Mr. Lopez failed to complete 24 hours of accounting and auditing continuing education during the two-year renewal period during which he issued compilation reports and willfully made a false statement on his renewal for the period stating that he was not subject to the accounting and auditing continuing education requirements.
Mr. Lopez practiced under the partnership name of Lopez & Lopez CPAs prior to registration with the Board, subjecting both Mr. Lopez and the firm to discipline.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 498, 5050, 5060, 5062, 5072, and 5100, 5100 (b), (c), and (g). California Code of Regulations, Title 16, Division 1, §§ 5, 58, 63, 87, 89, and 94.
Related Documents:
Lopez, Mario Cathedral City, CA CPA 83229
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Lopez's license is suspended for 60 days.
Mr. Lopez shall at all times maintain an active license status with the CBA.
Mr. Lopez shall complete eight hours of ethics continuing education in addition to the ethics CE requirement for licensure.
Mr. Lopez is required to reimburse the CBA $9,000 for its investigation and prosecution costs.
Other standard terms of probation.
Effective October 28, 2011
Cause For Discipline
Accusation No. AC-2010-17 alleges that in 2009, Mr. Lopez practiced without a valid permit and practiced using a firm name, L & L Accounting & Tax, which had not been registered with the CBA. Mr. Lopez was also in willful violation of the following CBA Regulations: 1) failure to notify the CBA in writing of his change of address, 2) failure to respond to CBA inquiries within 30 days, 3) failure to respond to a subpoena issued by the CBA, 4) failure to complete at least 80 hours of qualifying continuing education in the two year period immediately preceding license expiration, and 5) failure to complete a continuing education course on the provisions of the Accountancy Act and the Board of Accountancy Regulations along with other rules of professional conduct. Mr. Lopez admits the charges.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5050(a), 5060(b), and 5100(g). California Code of Regulations, Title 16, Division 1, §§ 3, 52, 87, and 87.7.
Related Documents:
Lopez & Lopez CPAs Redwood City CA PAR 6591
CBA Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Lopez's license is suspended for 180 days.
Mr. Lopez shall maintain an active license status even during the period of suspension.
Mr. Lopez shall complete and provide proper documentation of 24 hours of continuing education courses.
Mr. Lopez shall take and pass with a score of 90 percent or better a Board-approved ethics course prior to resumption of practice after the period of suspension.
Mr. Lopez shall have supervised practice for audit, review or compilation engagements. Mr. Lopez shall pay the cost of monitoring.
Mr. Lopez is required to reimburse the Board $12,133.50 for its investigation and prosecution costs.
Other standard terms of probation.
Effective April 29, 2007
Also See:
Cause For Discipline
Mr. Lopez was grossly negligent for issuing the compilation reports of Woodside Fund Corporation as of November 30, 2000, and 2001 that did not conform to professional standards. In addition, the reports were issued under the firm name of Lopez & Lopez CPAs (firm) while the firm was not registered with the Board.
Mr. Lopez practiced public accountancy while his permit was expired.
Mr. Lopez failed to complete 24 hours of accounting and auditing continuing education during the two-year renewal period during which he issued compilation reports and willfully made a false statement on his renewal for the period stating that he was not subject to the accounting and auditing continuing education requirements.
Mr. Lopez practiced under the partnership name of Lopez & Lopez CPAs prior to registration with the Board, subjecting both Mr. Lopez and the firm to discipline.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 498, 5050, 5060, 5062, 5072, and 5100, 5100 (b), (c), and (g). California Code of Regulations, Title 16, Division 1, §§ 5, 58, 63, 87, 89, and 94.
Related Documents:
Lublin, Barry Ian Encino, CA CPA 22198
CBA Actions
License revoked.
Effective December 1, 1994
Cause For Discipline
On June 15, 1992, Respondent's certificate was revoked. Revocation was stayed with five years probation and 12 months suspension imposed, both to commence within the first 24 months after the effective date of the decision when Respondent qualified for re-entry to the practice of public accountancy. Failure to timely comply with said requirements for re-entry was cited as a basis for the automatic revocation of Respondent's license without further proceedings. Respondent has failed to comply with all requirements to re-enter the practice of public accountancy within the allowed twenty-four months from the effective date of the Decision and Order.
Violation(s) Charged
Failure to comply with the terms of the Board's disciplinary order.
Related Documents:
Lundblad, Gerald Thomas Sacramento, CA CPA 35462
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 6, 1999
Cause For Discipline
While on probation, Mr. Lundblad violated the terms of his probation in that he failed to do the following: take and pass a Board-approved ethics course; pay four quarterly payments of $658 each; submit five quarterly reports; appear before the Administrative Committee on April 23, 1998; and cooperate with the Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c).
Related Documents:
Lundblad, Gerald Thomas Sacramento, CA CPA 35462
CBA Actions
Via stipulated settlement - Revocation of CPA Certificate.
Revocation stayed with three years' probation. Probation terms to include: Completion of the Ethics Exam, reimbursement to the Board of investigative costs, and other standard terms of probation.
Effective November 4, 1996
Cause For Discipline
On April 15, 1996, an accusation was filed against Gerald Thomas Lundblad alleging that he had failed to prepare annual returns, Form 990, for his client for 1989, 1990, 1991, and 1992. Further, the accusation alleged the licensee was dishonest with his client in that he repeatedly assured his client that levies by the IRS in 1991 and 1992 were the result of an incorrect tax identification number, when the levies were the result of a failure to file payroll tax returns and year end forms 990. Respondent was further charged with retention of client records and practice of public accounting with a delinquent license.
Via the stipulation for settlement, Gerald Lundblad admits to the above violations.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037(b), 5050, 5055, 5100(c) and (f). California Code of Regulations, Title 16, Division 1, § 68.
Related Documents:
Madden, Clete David Plano, TX CPA 83993
CBA Actions
Surrender of CPA Certificate, via stipulated settlement.
Effective November 3, 2007
Cause For Discipline
On March 30, 2006, Mr. Madden was sanctioned by the SEC, an action subjecting his CPA license to discipline.
KPMG was the auditor for Tenet Healthcare for fiscal year 2002. Mr. Madden was the KPMG partner in charge of the 2002 Tenet audit engagement.
The SEC Order included findings that Mr. Madden engaged in improper professional conduct for failing to complete the 2002 Tenet audit prior to issuance of the audit report and by inappropriately modifying working papers after the issuance of the audit report; and repeated instances of unreasonable conduct, each resulting in a violation of applicable professional standards, that indicate a lack of competence to practice.
Without admitting or denying the findings in the SEC Order, Mr. Madden consented to entry of a SEC Order that denied him the privilege of appearing or practicing before the SEC as an accountant.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (l).
Related Documents:
Manth, Larry Edward Palos Verdes Estates, CA CPA 58503
CBA Actions
Revocation stayed with five years' probation, via stipulated settlement that includes the following terms and conditions:
Mr. Manth's license is suspended for two years.
Mr. Manth shall pay the CBA an administrative fine of $10,000.
Mr. Manth agrees to fully cooperate with the CBA and the Attorney General's office in any investigation of licensees involving tax shelters.
Mr. Manth shall complete four hours of continuing education in ethics.
Mr. Manth is required to reimburse the CBA in an amount not to exceed $25,000 for its investigation and prosecution costs.
Effective April 30, 2011
Cause For Discipline
Accusation No. AC-2010-14 contains allegations that Mr. Manth, while a partner at KPMG LLP, participated in developing, marketing and implementing fraudulent tax shelters. The accusation further alleges that Mr. Manth 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.
For purposes of settlement, Mr. Manth admits that the allegations concerning gross negligence in the performance of public accountancy services, failure to observe professional standards in the performance of public accountancy services, repeated acts of negligence and violation of professional standards, if proven at hearing, would form a basis for discipline of his license. He denies, however, the remainder of the allegations contained in the Accusation.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c), (g), (i), (j), and (k). California Code of Regulations, Title 16, Division 1, § 58.
Related Documents:
Marietta, James Marcus III Newport Beach, CA CPA 56082
CBA Actions
Revocation of CPA Certificate, via proposed decision.
Mr. Marietta is required to reimburse the Board $2,500 for its investigation and prosecution costs.
Effective December 26, 2007
Cause For Discipline
On December 12, 2005, Mr. Marietta was convicted on his plea of guilty of conspiracy to defraud the United States. The conviction is substantially related to the qualifications, functions, and duties of a certified public accountant.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063 and 5100 (a).
Related Documents:
Marquardt, Joseph Warren Laguna Hills, CA CPA 34016
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective April 22, 2006
Cause For Discipline
Mr. Marquardt was grossly negligent in the practice of public accountancy by failing to properly incorporate a client's business after being paid in full to do so. Mr. Marquardt engaged in the practice of public accountancy while his license was in an expired status from January 1, 2003, through July 29, 2003.
Mr. Marquardt failed to complete 80 hours of continuing education prior to his license expiration of December 31, 2002. Mr. Marquardt also failed to provide certificates of completion to support the continuing education hours claimed on his December 31, 2002, renewal form.
Mr. Marquardt practiced under the unregistered name of "Abacus Accounting Technologies."
Mr. Marquardt failed to notify the Board of his change of address and failed to respond to multiple Board inquiries.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5060, and 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 3, 52, 87, and 89.
Related Documents:
Marshall, George H. San Francisco, CA PA 2823
CBA Actions
License revoked.
Effective March 16, 1994
Cause For Discipline
Respondent was ordered by the Administrative Committee to complete 16 hours of continuing professional education in accordance with Rule 87.5. Respondent failed to submit evidence of completion of CPE.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 87.5.
Related Documents:
Mast, Robert C. Redwood City, CA CPA 45251
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective January 1, 1998
Cause For Discipline
Mr. Mast was engaged to prepare timely tax returns for a client, but failed to do so, resulting in the client incurring $1,369.13 in federal andstate penalties and interest for late filing.
Mr. Mast, at times, practiced public accountancy while his license was in an inactive status.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (c) and (h).
Related Documents:
Mathiasen, Raymond Leroy Encino, CA CPA 14425
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Mr. Mathiasen agrees that if he applies for re-licensure or reinstatement of his license, he may be required to pay the Board costs of investigation and enforcement in the amount of $3,678.43.
Effective September 1, 2008
Cause For Discipline
Mr. Mathiasen admitted that on or about June 8, 2007, the Securities and Exchange Commission (SEC) suspended Mr. Mathiasen from practicing before the SEC as an accountant. Mr. Mathiasen also admitted that he did not report the opening of the SEC's formal investigation against him and did not report the SEC's suspension to the Board.
The SEC's imposition of discipline was based on its complaint that alleged that while serving as the Chief Accounting Officer for Tenet Healthcare, Mr. Mathiasen participated in a fraudulent scheme in which Tenet made misleading disclosures in its SEC filings for its fiscal year ending May 31, 2002, and the first quarter of its fiscal year 2003 ending August 30, 2002. Mr. Mathiasen consented to the entry of the SEC's judgment without admitting or denying the allegations of the SEC's complaint.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5063, 5100 (h) and (l).
Related Documents:
Mattila, William John Rancho Santa Margarita, CA CPA 46705
CBA Actions
Revocation of CPA Certificate, via default decision.
Effective December 26, 2007
Cause For Discipline
Mr. Mattila did not prepare income tax returns for three tax clients, and an extension for one of those clients for the year ended December 31, 2005.
Mr. Mattila did not return client income tax records to the three clients despite their repeated requests by telephone and written correspondence.
Mr. Mattila did not respond within 30 days to written inquiries from the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5100 (c), (g), and (k). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.
Related Documents:
Mayer Hoffman McCann P.C. Irvine, CA COR 5091
CBA Actions
Suspension of CPA Corporation License for six months stayed, with two years' probation, via stipulated settlement.
Respondent shall pay an administrative penalty of $300,000.
Respondent shall disseminate this Stipulated Settlement and Disciplinary Order to all of its professional personnel officed in California within 15 days of the effective date of the order.
Respondent shall undergo a peer review specifically focused on Respondent's governmental audit practice in California. The peer review shall be completed by July 31, 2013.
Prior to December 31, 2013, Respondent shall provide two eight-hour training courses for all those accountants practicing in Respondent's California governmental audit practice group. The training sessions shall address government audit practice subjects. For those accountants who attend, the training shall not be counted towards the CBA's continuing education requirements.
Respondent shall reimburse the CBA a sum not to exceed $50,000 for its investigation and prosecution costs.
Other standard terms of probation.
Effective June 28, 2012
Cause For Discipline
Accusation No. AC-2012-17 alleges that the Respondent is subject to disciplinary action in that Respondent committed repeated acts of negligence on more than one occasion in the 2009 audit of the City of Bell (Bell) and the Bell Community Redevelopment Agency (Bell CRA) that departed from professional standards. The accusation further alleges that Respondent is subject to disciplinary action in that Respondent insufficiently documented its audit for Bell and the Bell CRA for the year ending June 30, 2009.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1,§§ 5100 (c), (e) and 5097.
Related Documents:
McEwan & Associates, Inc. San Jose, CA COR 6096
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Respondents shall submit to the CBA or its designee for its prior approval a plan of practice that shall be monitored by another CPA or PA who provides periodic reports to the CBA or its designee. The supervised practice shall include reviews of all attest engagements prior to their issuance.
Respondents shall have immediate access to, shall use, and shall maintain published materials and/or checklists consistent with practice.
Respondent McEwan shall take and pass with a score of 90 percent or better, a CBA approved ethics examination within the time prescribed by the CBA.
Respondent McEwan shall complete and provide documentation of completion of 24 hours of continuing education courses in Auditing and Accounting and Fraud within the period of time prescribed by the CBA. This shall be in addition to the continuing education requirements for license renewal.
Respondents shall at all times maintain an active license status.
Respondents are required to reimburse CBA $16,617.05 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective May 5, 2010
Also See:
Cause For Discipline
Accusation No. AC-2009-29 contains the following allegations:
Respondent McEwan performed an audit of the financial statements for Monterey County Association of Realtors (Association) for the year ended June 30, 2006, in a grossly negligent manner. Respondent McEwan's auditor's report failed to comply with professional standards and Respondent McEwan failed to modify her report for departures from Generally Accepted Accounting Principles for omitted disclosures. Respondent McEwan failed to adequately plan and document her audit procedures, including obtaining a sufficient understanding of the Association, assessing the risk of material misstatements of the financial statements due to fraud, and assessing control risk. Respondent McEwan failed to obtain sufficient appropriate audit evidence by performing and documenting procedures to afford a reasonable basis for an opinion regarding the financial statements under audit, to obtain and evaluate evidential matter concerning the assertions in the financial statements, to develop specific audit objectives in light of those assertions, and to provide audit documentation sufficient to show that the standards of fieldwork were observed.
Respondent McEwan failed to comply with the accounting and auditing continuing education requirement in that, during the two year period preceding the renewal expiration date of March 31, 2006, Respondent McEwan did not complete eight hours in course work specifically related to the detection and/or reporting of fraud in financial statements. Respondent McEwan failed to retain documentation supporting the continuing education hours claimed on her renewal applications for the renewal periods ending March 31, 2006 and March 31, 2008.
Respondent McEwan failed to register the firm names of McEwan and Associates Certified Public Accountants and McEwan & Associates, Inc. with the CBA while engaging in the practice of public accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5060, 5062, 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 58, 87 and 89.
Related Documents:
McEwan, Deborah M. Monterey, CA CPA 34741
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Respondents shall submit to the CBA or its designee for its prior approval a plan of practice that shall be monitored by another CPA or PA who provides periodic reports to the CBA or its designee. The supervised practice shall include reviews of all attest engagements prior to their issuance.
Respondents shall have immediate access to, shall use, and shall maintain published materials and/or checklists consistent with practice.
Respondent McEwan shall take and pass with a score of 90 percent or better, a CBA approved ethics examination within the time prescribed by the CBA.
Respondent McEwan shall complete and provide documentation of completion of 24 hours of continuing education courses in Auditing and Accounting and Fraud within the period of time prescribed by the CBA. This shall be in addition to the continuing education requirements for license renewal.
Respondents shall at all times maintain an active license status.
Respondents are required to reimburse CBA $16,617.05 for its investigation and prosecution costs.
Effective May 5, 2010
Also See:
Cause For Discipline
Accusation No. AC-2009-29 contains the following allegations:
Respondent McEwan performed an audit of the financial statements for Monterey County Association of Realtors (Association) for the year ended June 30, 2006, in a grossly negligent manner. Respondent McEwan's auditor's report failed to comply with professional standards and Respondent McEwan failed to modify her report for departures from Generally Accepted Accounting Principles for omitted disclosures. Respondent McEwan failed to adequately plan and document her audit procedures, including obtaining a sufficient understanding of the Association, assessing the risk of material misstatements of the financial statements due to fraud, and assessing control risk. Respondent McEwan failed to obtain sufficient appropriate audit evidence by performing and documenting procedures to afford a reasonable basis for an opinion regarding the financial statements under audit, to obtain and evaluate evidential matter concerning the assertions in the financial statements, to develop specific audit objectives in light of those assertions, and to provide audit documentation sufficient to show that the standards of fieldwork were observed.
Respondent McEwan failed to comply with the accounting and auditing continuing education requirement in that, during the two year period preceding the renewal expiration date of March 31, 2006, Respondent McEwan did not complete eight hours in course work specifically related to the detection and/or reporting of fraud in financial statements. Respondent McEwan failed to retain documentation supporting the continuing education hours claimed on her renewal applications for the renewal periods ending March 31, 2006 and March 31, 2008.
Respondent McEwan failed to register the firm names of McEwan and Associates Certified Public Accountants and McEwan & Associates, Inc. with the CBA while engaging in the practice of public accountancy.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5060, 5062, 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, §§ 58, 87 and 89.
Related Documents:
McKinney, Gordon Alan La Habra, CA CPA 28037
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. McKinney is suspended for 180 days.
Mr. McKinney shall complete 36 hours of continuing professional education courses (CPE) as specified by the Board or its designee. The CPE shall be in addition to the 80-hour requirement for re-licensing.
Mr. McKinney shall take and pass with a score of 90 percent or better a Board approved ethics examination within 180 days of the effective date of the Board's order.
Mr. McKinney is required to reimburse the Board $7,462.75 for its investigation and prosecution costs.
Other terms and conditions.
Effective June 25, 2009
Cause For Discipline
Mr. McKinney admits that he wrongfully acquired the September 1, 2007, renewal of his license by committing fraud or deceit, or making a knowingly misrepresentation of a material fact, when submitting his August 31, 2007, license renewal by claiming that he had completed the 80-hour CPE license renewal requirement, when, in fact, Mr. McKinney had completed only 44 hours of CPE prior to August 31, 2007. Mr. McKinney also listed five CPE courses for which he had signed up, but failed to attend, and was unable to document his completion of 48 hours of CPE listed on his renewal form as having been completed by August 31, 2007. Mr. McKinney thus submitted a license renewal signed under penalty of perjury that he knew contained false and inaccurate CPE information
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 5, section 498, Division 3, Chapter 1, sections 5100 (b) and (g). California Code of Regulations, Title 16, Division 1, sections 87 and 89.
Related Documents:
Merkley, Kendall Glade Glendora, Ca CPA 53860
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Merkley's license is suspended for seven months.
Mr. Merkley shall reimburse the CBA's investigative and prosecution costs including costs of probation monitoring not to exceed $50,000. The current investigative and prosecution costs of $29,163 shall be reimbursed within 30 days of the date the CBA's decision is final. Any costs owed, exclusive of costs of probation monitoring, shall be reduced by any payments made by co-Respondents to Accusation No. AC-2012-32, KMJ/Corbin & Company, LLP and Anthony J. Price.
Mr. Merkley shall maintain an active license, including during any period of suspension.
Respondent shall comply with all requirements imposed by the SEC and shall report such compliance with the CBA.
Other standard terms of probation.
Effective March 3, 2013
Also See:
Cause For Discipline
Accusation No. AC-2012-32 contains the following allegations:
On or about September 13, 2010, the United States Securities and Exchange Commission (SEC) issued an Order which censured Respondent KMJ/Corbin & Company, LLP (KMJ); suspended KMJ Partner Respondent Kendall Merkley from appearing or practicing before the SEC as an accountant for three years and required Merkley to cease and desist from committing or causing any violations and any future violations of certain federal securities laws; and suspended KMJ Partner Anthony J. Price from appearing or practicing before the SEC as an accountant for two years. Respondents consented to the entry of the SEC order against them without admitting or denying the findings therein.
The SEC Order stated in pertinent part: "While supervising and conducting KMJ's audits and reviews of Home Solutions of America's (HSOA) financial statements for 2004, 2005, 2006 and the periods ended March 31 and June 30, 2007, Merkley (except as to 2007) and Price failed to adhere to PCAOB Standards and Rules. In summary, Merkley and Price failed to: (i) obtain sufficient competent evidential matter regarding bonuses, revenues, and cost of revenues with respect to KMJ's 2004, 2005, and 2006 audit engagements; (ii) comply with PCAOB Auditing Standard No. 3, Audit Documentation; (iii) adequately plan the audit and properly supervise assistants in connection with the 2006 engagement; and (iv) conduct reviews of interim financial information in accordance with PCAOB Standards and Rules. Additionally, Merkley caused KMJ to issue inaccurate audit reports in that he should have known that KMJ's audit reports were false because they incorrectly represented that the audits were conducted in accordance with PCAOB standards and that HSOA's financial statements were prepared in conformity with GAAP."
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5100 (h) and (l).
Related Documents:
Mickey, Casanova & Sack Bakersfield, CA FNP 2371
CBA Actions
Revocation of CPA Certificate, via stipulated settlement.
Mr. Sack is required to reimburse the Board for its investigation and prosecution costs associated with this proceeding prior to the Board's accepting for consideration a petition for reinstatement or application for licensure.
Effective August 26, 2005
Reinstated March 15, 2012
Also See:
Cause For Discipline
For purposes of settlement, Mr. Sack acknowledges and admits he provided accounting services for a client and the client's business for 28 years. Mr. Sack further admits his services were terminated in early 2003 after the client determined that for several years Mr. Sack had been making check disbursements directly to himself or for his personal benefit and making false entries into the accounting records of his client.
After further inquiry by the client, settlement negotiations were initiated between the client and Mr. Sack. Eventually a settlement agreement was executed that required Mr. Sack to pay the client $200,000 for the conversion and mishandling of the client's funds.
The actions by Mr. Sack were charged as violations for embezzlement, misappropriation of funds, obtaining money by fraud or false pretenses, fiscal dishonesty, and breach of fiduciary duty of any kind.
All charges for discipline against Mr. Sack were extended to Mickey Casanova & Sack.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b), 5100, 5100 (c), (g), (i), (j), and (k), and 5101. California Code of Regulations, Title 16, Division 1, §§ 52, 63, 67, and 68.
Related Documents:
Mickey, Casanova & Sack Bakersfield, CA PAR 4215
CBA Actions
Surrender of PAR Certificate, via stipulated surrender.
Effective August 26, 2005
Also See:
Cause For Discipline
For purposes of settlement, Mr. Silver Dollar Sack acknowledges and admits he provided accounting services for a client and the client's business for 28 years. Mr. Sack further admits his services were terminated in early 2003 after the client determined that for several years Mr. Sack had been making check disbursements directly to himself or for his personal benefit and making false entries into the accounting records of his client. After further inquiry by the client, settlement negotiations were initiated between the client and
Mr. Sack. Eventually a settlement agreement was executed that required Mr. Sack to pay the client $200,000 for the conversion and mishandling of the client's funds.
The actions by Mr. Sack were charged as violations for embezzlement, misappropriation of funds, obtaining money by fraud or false pretenses, fiscal dishonesty, and breach of fiduciary duty of any kind.
All charges for discipline against Mr. Sack were extended to Mickey Casanova & Sack.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b), 5100, 5100 (c), (g), (i), (j), and (k), and 5101. California Code of Regulations, Title 16, Division 1, §§ 52, 63, 67, and 68.
Related Documents:
Miller, Bonnie M. Santa Clara, CA CPA 26659
CBA Actions
Surrender of CPA and Corporate Certificates, via stipulated settlement.
Effective March 4, 1999
Also See:
Bonnie Miller Accountancy Corporation
Cause For Discipline
Respondents Bonnie M. Miller and Bonnie Miller Accountancy Corporation agree to the surrender of their licenses, and wish not to contest the charges contained in the Board's Accusation.
The Accusation alleged that Ms. Miller, while acting as a trustee, withdrew client funds held in a real estate exchange trust totaling $35,000 and she disbursed the trust monies for her own use. The Accusation also alleges that Bonnie M. Miller was delinquent in remitting taxes due from the exchange transaction for a period of 18 months.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (c), 5100 (h), 5200 (j), and 5150.
Related Documents:
Miller, Brett Ian Brownsville, CA CPA 71097
CBA Actions
Revocation stayed with three years' probation, via stipulated settlement.
Mr. Miller's license is suspended for 60 days.
Mr. Miller shall be permanently prohibited from performing audits.
Mr. Miller is required to reimburse the Board $4,112.20 for its investigation and prosecution costs.
Other standard terms of probation.
Effective February 24, 2008
Cause For Discipline
Mr. Miller was grossly negligent in performing two audits that contained extreme departures from generally accepted auditing standards and generally accepted government auditing standards. The auditor's reports did not comply with standards. Additionally, there were deficiencies in planning the audit, internal control review, evidential matter, audit documentation, and compliance.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, sections 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, section 58.
Related Documents: