INDEX M
Madden, Clete David
Marietta, James Marcus III
Marquardt, Joseph Warren
Marshall, George H.
Mast, Robert C.
Mathiasen Raymond Leroy
Mattila, William John
McBride, Margaret Jean
McBroom, Bryon, CPA, A Professional Corporation
McBroom, Byron Lee
McConnaughy Accountancy Corporation
McConnaughy, William Douglas
Mickey Casanova & Sack
Miller & Cannon CPAs
Miller, Bonnie M.
Miller, Brett Ian
Miller, Glenn Scott
Mohalley, John Joseph
Momsen, Joel David
Monterroso, Sergio V.
Moody, Hamilton
Moon, Oscar Odell
Moore, Charlene Nicoletta
Moran, Maxine Caren (2003)
Moran, Maxine Caren (2002)
Morano, Enrico Anthony
Morgan, Dennis M.
Morinaka, Glen
Morrison, Jerome A.
Morten, Cheryl Lynn
Moss Adams LLP
Moyer & Aquinto CPAs
Moyer, Charles G.
Muscio, Richard J.
Muso, Shunji
Myers, Gary L.
Madden, Clete David Plano TX CPA 83993
Board 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).
Marietta, James Marcus III Newport Beach CA CPA 56082
Board 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).
Marquardt, Joseph Warren Laguna Hills CA CPA 34016
Board 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.
Marshall, George H. San Francisco CA PA 2823
Board 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.
Mast, Robert C. Redwood City CA CPA 45251
Board 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).
Mathiasen Raymond Leroy CPA 14425
Cause For Discipline
Accusation filed.
Mattila, William John Rancho Santa Margarita CA CPA 46705
Board 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.
McBride, Margaret Jean Costa Mesa CA CPA 49065
Board Actions
One year's suspension stayed, three years' probation via Decision after Nonadoption.
Note: Ms. McBride has appealed the Board's Decision after Nonadoption via Petition for Writ of Mandate.
Probation terms include:
40 hours of continuing education as directed by the Board. This requirement shall be in addition to continuing education hours required for license renewal.
Prior to participation in any government agency audit in California, Ms. McBride shall further be required to complete 40 hours of continuing education in the areas of government accounting and auditing and at least eight hours of continuing education in the area of professional ethics.
100 hours of community service in Orange County.
Other standard terms and conditions.
Effective August 24, 2002
Also See:
Cause For Discipline
As engagement partner for the audits of the 1992 and 1993 financial statements of Orange County, Ms. McBride is subject to discipline for failure to exercise due professional care and for gross negligence in committing extreme departures from generally accepted auditing standards (GAAS) and generally accepted government auditing standards (GAGAS). Ms. McBride failed to properly plan and supervise staff auditors in the performance of these engagements.
Ms. McBride further is subject to discipline for reporting the county's compliance with laws and regulations without an adequate basis for that conclusion.
Ms. McBride also is subject to discipline for approving the preparation of a workpaper without insuring that the staff auditor properly dated said workpaper.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 and 5100 (c), (f), and (i).
McBroom, Bryon, CPA, A Professional Corporation Manteca CA COR 3617
Board Actions
Revocation stayed with five years' probation, via stipulated settlement.
Respondents are suspended from practice for three years.
Respondents are required to reimburse the Board $3,750 for its investigation and prosecution costs.
Respondents shall maintain an active license status with the Board, including any period of suspension.
Other standard terms and conditions.
Effective October 25, 2002
Also See:
Cause For Discipline
For purposes of settlement, Respondents admit they willfully and knowingly submitted to the Internal Revenue Service (IRS) a statement or document that was false or fraudulent as to a material matter.Respondents faxed a back-dated prenuptial agreement to the IRS Revenue Officer assigned to Offer-in-Compromise negotiations, knowing that the document had been back-dated.
Respondents also assisted a client in manipulating the nature and characterization of their reported compensation and in taking other actions to create the false impression, for purposes of the Client's negotiation with the IRS, that the client had less income and assets than they actually had.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (i).
McBroom, Byron Lee Manteca CA CPA 39615
Board Actions
Revocation stayed with five years' probation, via stipulated settlement.
Respondents are suspended from practice for three years.
Respondents are required to reimburse the Board $3,750 for its investigation and prosecution costs.
Respondents shall maintain an active license status with the Board, including any period of suspension.
Other standard terms and conditions.
Effective October 25, 2002
Also See:
McBroom, Bryon, CPA, A Professional Corporation
Cause For Discipline
For purposes of settlement, Respondents admit they willfully and knowingly submitted to the Internal Revenue Service (IRS) a statement or document that was false or fraudulent as to a material matter.Respondents faxed a back-dated prenuptial agreement to the IRS Revenue Officer assigned to Offer-in-Compromise negotiations, knowing that the document had been back-dated.
Respondents also assisted a client in manipulating the nature and characterization of their reported compensation and in taking other actions to create the false impression, for purposes of the Client's negotiation with the IRS, that the client had less income and assets than they actually had.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (i).
McConnaughy Accountancy Corporation COR 3938
Board Actions
Cause For Discipline
Accusation filed.
McConnaughy, William Douglas CPA 59734
Board Actions
Cause For Discipline
Accusation filed.
Mickey Casanova & Sack Bakersfield CA PAR 4215
Board 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.
Miller & Cannon CPAs Covina CA FNP 662
Board 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.
Miller, Bonnie M. Santa Clara CA CPA 26659
Board 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.
Miller, Brett Ian Brownsville CA CPA 71097
Board 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, §§ 5100 (c) and 5062. California Code of Regulations, Title 16, Division 1, § 58.
Miller, Glenn Scott Long Beach CA CPA 33783
Board Actions
Revocation stayed, with five years' probation, via stipulated settlement.
Thirty days suspension from the practice of public accountancy. During the period of suspension, Mr. Miller shall engage in no activities for which certification as a CPA is required.
Mr. Miller shall take and pass with a score of 90 percent or better a Board- approved ethics examination prior to resumption of practice.
Mr. Miller shall complete 24 hours of continuing education in addition to the 80 hours required for renewal of the license as directed by the Board or its designee.
Mr. Miller shall maintain an active status license during the period of probation including during the period of suspension.
Mr. Miller shall participate in a community service program as directed by the Board or its designee amounting to a minimum of 100 hours.
Mr. Miller is required to reimburse the Board $6,650 for the investigation and prosecution costs.
Other standard terms and conditions.
Effective June 18, 2004
Cause For Discipline
Mr. Miller admits that he engaged in the practice of public accountancy without a valid permit from August 1, 2002, to at least November 7, 2002, and that he failed to comply with continuing education requirements.
Mr. Miller further admits that he committed repeated acts of negligence, breached fiduciary responsibilities to his clients, and falsely signed tax returns by continuously and repeatedly preparing and signing tax returns using the CPA designation during a period of time when his certificate was expired.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (c), (g), (i), and (j). California Code of Regulations, Title 16, Division 1, § 87.
Mohalley, John Joseph Fintas Kuwait CPA 20213
Board Actions
License revoked by default decision.
Effective August 6, 1995
Cause For Discipline
Respondent's right to practice before the SEC was suspended indefinitely on September 30, 1993, for improper conduct.
The circumstances were that Respondent prepared an audit report for the fiscal year ended April 30, 1989, and re-audited, financial statements for the fiscal years ended April 30, 1987, and April 30, 1988, for an entity in which he was an officer, director, and shareholder during the relevant financial periods. In preparing the audits in question, Respondent falsely represented himself and his accounting firm as independent auditors. Respondent had reason to know that the financial statements and audit report would be included in the entity's periodic filings with the SEC and would be disseminated to the public in connection with company's public offer and sale of securities.
Violation(s) Charged
Business and Professions Code § 5100 (f), (g), and (i). California Code of Regulations, Title 16, Division 1, § 65.
Momsen, Joel David Napa CA CPA 19988
Board Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Momsen's license is suspended for one year.
Mr. Momsen is required to reimburse the Board $4,200 for its investigation and prosecution costs.
Other standard terms of probation.
Effective April 29, 2007
Cause For Discipline
Mr. Momsen pleaded guilty to submitting a False Collection Information Statement, a felony, and was sentenced to two months' home confinement with electronic monitoring, two years' probation, ordered to pay an assessment of $100, and ordered to pay restitution to the IRS in the amount of $203,401.68. Mr. Momsen submitted a false IRS Form 433-A with an Offer in Compromise for his own unpaid tax liabilities.
The 433-A was false in that it failed to include Mr. Momsen's personal residence as an asset. Mr. Momsen had previously sold his residence to an unrelated third party, leased it back, and then repurchased it and put title in his mother's name, all while residing in the home.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a).
Monterroso, Sergio V. Visalia CA CPA 58907
Board Actions
Revocation of CPA Certificate, via default decision.
Effective June 28, 2001
Cause For Discipline
During the period of approximately November 1991 through December 1997, while serving as treasurer for the Visalia Seventh-Day Adventist Church, Respondent took approximately $860,241 of church funds for or on behalf of his own personal benefit without the authority, knowledge or approval of church officials. During this time, Respondent prepared and presented periodic financial reports to church officials that were false and misleading.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (j).
Moody, Hamilton San Diego CA CPA 1890
Board Actions
Revocation of CPA Certificate, via stipulated settlement.
Effective January 8, 1999
Cause For Discipline
Respondent admitted he subjected his license to disciplinary action on the grounds of unprofessional conduct in that on or about January 26, 1998, he was convicted by a San Diego Judicial District Court of a felony, grand theft.
Mr. Hamilton admitted the circumstances surrounding the conviction are substantially related to the qualifications, functions, and duties of a Certified Public Accountant or Public Accountant. Respondent converted approximately $540,000 to his personal use.
Mr. Hamilton also admitted he subjected his license to disciplinary action in that during the period June 26, 1991, through July 14, 1992, he made unexplained withdrawals from a client trust totaling $245,650. Respondent agreed to make restitution to the client's trust.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (a), (h), (i), and (j) and Division 1.5, Chapter 3, § 490.
Moon, Oscar Odell Victorville CA CPA 27115
Board Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Moon's license is suspended for three months.
Mr. Moon shall take and pass with a score of 90 percent or better a Board-approved ethics course within the first six months of probation.
Mr. Moon shall complete and provide proper documentation of completion of 24 hours of continuing education in addition to the 80 hours required for license renewal.
Mr. Moon is required to maintain an active license status even during the period of suspension.
Mr. Moon is required to reimburse the Board $11,500 for its investigation and prosecution costs.
Other standard terms of probation.
Effective October 20, 2006
Cause For Discipline
For purposes of settlement, Mr. Moon admits he failed to comply with applicable professional standards of due care and diligence in discharging his responsibilities to his client between approximately May and October 2002, in relation to a state Board of Equalization audit. Mr. Moon practiced public accountancy from at least September 1, 2001, through October 2002, while his permit was either expired or in the inactive status. Mr. Moon used the Certified Fraud Examiner (CFE) designation on advertisements when his CFE registration was not in good standing.
Mr. Moon failed to complete continuing education requirements prior to the expiration of his license and failed to maintain the documentation of completion of the courses that he claimed on his renewal application for the period ended June 30, 2001.
Mr. Moon failed to respond to Board inquiries, written and telephonic, and he failed to comply with the Board's duly- issued investigatory subpoena.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050 and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 52, 58, 63, 87 (a) and 89.
Moore, Charlene Nicoletta South Lake Tahoe CA CPA 48621
Board Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Ms. Moore is prohibited from performing attest engagements.
Ms. Moore is required to reimburse the Board $5,489.65 for its investigation and prosecution costs.
Other standard terms of probation.
Effective February 24, 2006
Cause For Discipline
Ms. Moore admits she performed an audit of a homeowners association for the years ending August 31, 2001, and August 31, 2002, 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.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5062 and 5100 (c) and (g). California Code of Regulations, Title 16, Division 1, § 58.
Moran, Maxine Caren Oceanside CA CPA 31999
Board Actions
Revocation of CPA Certificate, via default decision.
Effective April 25, 2003
Cause For Discipline
On January 10, 2003, a Petition to Revoke Probation was filed against Ms. Moran, who has not complied with the terms of probation pursuant to a Proposed Decision No. AL-2000-26.
Ms. Moran did not submit written quarterly reports within 10 days of completion of the quarter. Ms. Moran did not pay a $2,500 administrative fine or comply with an Order of Correction to provide the Board with two copies of a self-selected financial report.
Ms. Moran did not appear in person at a probation hearing, after being directed to attend.
Violation(s) Charged
Failure to comply with terms of probation.
Moran, Maxine Caren Oceanside CA CPA 31999
Board Actions
Revocation stayed with three years' probation, via proposed decision.
Within 30 days of the effective date of this decision, Respondent shall pay the administrative fines and comply with the order of correction set forth in Citation No. CT-2000-8.
Effective March 1, 2002
Cause For Discipline
On October 8, 1999, Citation No. CT-2000-8 was issued. The citation was delivered to Respondent's address of record by certified mail on November 12, 1999.
The citation alleged two violations: failure to respond to the Board's inquiries and failure to furnish financial statements for the Board's review in accordance with the Report Quality Monitoring Committee.
The citation specified orders of correction and proposed administrative fines totaling $2,500. Respondent did not contest the citation, nor did she comply with the orders of correction, or pay the administrative fines.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 95.4.
Morano, Enrico Anthony Marina Del Rey CA CPA 31461
Board Actions
Revocation of CPA Certificate, via default decision.
Effective August 26, 2005
Cause For Discipline
Mr. Morano engaged in the practice of public accountancy during the period his license was in an expired status. Mr. Morano's license expired April 1, 2001, and has not been renewed. Mr. Morano practiced under the unregistered name of "Enrico A. Morano, APC" (A Professional Corporation). Mr. Morano also failed to comply with citation number CT-2005-1, issued in a prior action, on September 15, 2004.
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, § 95.4.
Morgan, Dennis M. Madera CA CPA 41296
Board Actions
Revocation stayed with three years' probation, via stipulated settlement.
Respondent's license is suspended for 60 days beginning December 1, 2001.
Respondent is permanently prohibited from performing future audits.
Respondent shall complete 24 hours of continuing professional education courses (CPE) within the first 24 months of probation. The CPE shall be in addition to the CPE requirement for relicensing.
Respondent shall take and pass with a score of 90 percent or better a Board-approved ethics examination within the first year of probation.
Respondent is required to reimburse the Board $9,500 for its investigative and prosecution costs.
Other standard terms and conditions.
Effective December 1, 2001
Cause For Discipline
Respondent admits to the charges set forth in the Accusation.
Respondent was grossly negligent in the preparation of audits for a private company for the years ended May 31, 1996, and 1997 and a compilation engagement for the year ended May 31, 1995.
Respondent was not independent with respect to the 1996 and 1997 audits, as he performed management functions when he prepared journal entries and account codings and classifications without first obtaining management approval.
Respondent was unable to provide evidence for seven hours of continuing professional education taken for his last renewal period.
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, 65, and 87.
Morinaka, Glen Monterey Park CA CPA 48024
Board Actions
Mr. Morinaka's license is revoked, via Decision, following order granting reconsideration.
Effective January 13, 2006
Cause For Discipline
Mr. Morinaka's right to practice before the Securities and Exchange Commission (SEC) was revoked.
As a matter of law, Mr. Morinaka has been denied the privilege of practicing as an accountant before the SEC and was the subject of a Cease and Desist Order as to any violations of Section 17(a) of the Securities Act. This action by the SEC is not disputed and is by itself cause for discipline.
The Board found the existence of three aggravating factors that warranted the revocation of Mr. Morinaka's license:
The contradictory statements he made at the SEC and administrative hearings.
His lack of credibility.
The potential for tremendous consumer harm arising out of Mr. Morinaka's employment and accounting work at Gas & Oil Technologies, Inc. A Russian patent with an unknown present worth was valued at more than 21 million dollars and reported as "other income" for Gas & Oil. That figure, instead of the $5,000 in real capital Gas & Oil owned, was to serve as the basis for a $60 million stock offering.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § 5100 (h) and (l).
Morrison, Jerome A. LaJolla CA CPA 12170
Board Actions
Surrender of license accepted.
Effective July 1, 1993
Morten, Cheryl Lynn Fontana CA CPA 40866
Board Actions
Revocation of CPA Certificate, via default decision.
Effective May 2, 1997
Cause For Discipline
From August 1, 1990, to the present time, Respondent engaged at various times in the practice of public accountancy and held out as a Certified Public Accountant without a valid permit to practice. In addition, Respondent prepared audit reports for Southland Community Services (a nonprofit entity) for the years ended June 30, 1991, 1992, and 1993. Each of these audit reports exhibited material departures from applicable professional standards. Further, Respondent prepared these reports under the fictitious business name of "C. L. Morten and Associates, Certified Public Accountants" when such name was not approved by the Board, and when she was, in fact, a sole practitioner. Respondent also failed to notify the Board in writing of several changes in her address, in violation of Board rules.
Violation(s) Charged
Business and Professions Code §§ 5055, 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, § 3.
Moss Adams LLP Seattle WA PAR 4524
Board Actions
Suspension of PAR license for 30 days stayed, with 18 months' probation, via stipulation settlement.
Moss Adams LLP's attest personnel licensed in California are required to complete a minimum of four hours of continuing education in the area of engagement coordination and documentation to be completed by March 1, 2007. Moss Adams LLP shall provide certification of completion of this requirement by April 1, 2007.
Within 30 days from the adoption of the stipulated settlement, Moss Adams LLP shall disseminate a copy of the stipulated settlement to Moss Adams LLP's professional personnel officed in California and shall confirm such dissemination in writing to the Board.
Moss Adams LLP is required to reimburse the Board $35,000 for its investigation and prosecution costs.
Effective August 25, 2006
Also See:
Cause For Discipline
Accusation AC-2006-5 contains allegations that Moss Adams LLP is subject to discipline for unprofessional conduct including gross negligence, repeated negligent acts, failure to comply with professional standards, and issuing review reports that did not comply with professional standards. The charges are based on Moss Adams LLP's engagements to review the financial statements for Lanico, Inc. as of and for the years ended December 31, 1998 and 1999.
The Board's charges include allegations that Moss Adams LLP failed to properly perform the review engagements and failed to exercise due professional care. Allegations also include Moss Adams LLP's failures to modify its accountant's reports and to properly date the reports in accordance with professional standards.
For purposes of settlement, Moss Adams LLP agrees that the Board could establish a factual basis for the charges and if proven at a hearing constitute cause for discipline upon its license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, § § 5062 and 5100 (c). California Code of Regulations, Title 16, Division 1, § 58.
Moyer & Aquinto CPAs Danville CA PAR 5539
Board Actions
Surrender of CPA and Partnership Certificate, via stipulated settlement.
Effective June 19, 1997
Also See:
Cause For Discipline
Accusation includes allegations that Respondent borrowed money from clients without disclosing his material financial obligations that had the clients known of these obligations, they may have affected the client's decision to make the loan. Respondent defaulted on the loan and clients sued in civil court, obtaining a stipulated judgement that Respondent obtained the loan by actual fraud and false pretenses within the meaning of 11 U.S.C. §532(a)(2)(A). In addition, the Accusation alleges Respondent practiced for a period from November 1, 1991, through August 6, 1992, when his license was in a delinquent status, and practiced under the firm name "Moyer and Acquinto Accountancy Corporation" when such corporation was not registered with the Board of Accountancy.
Moyer, Charles G. Danville CA CPA 26474
Board Actions
Surrender of CPA and Partnership Certificate, via stipulated settlement.
Effective June 19, 1997
Also See:
Cause For Discipline
Accusation includes allegations that Respondent borrowed money from clients without disclosing his material financial obligations that had the clients known of these obligations, they may have affected the client's decision to make the loan. Respondent defaulted on the loan and clients sued in civil court, obtaining a stipulated judgement that Respondent obtained the loan by actual fraud and false pretenses within the meaning of 11 U.S.C. §532(a)(2)(A). In addition, the Accusation alleges Respondent practiced for a period from November 1, 1991, through August 6, 1992, when his license was in a delinquent status, and practiced under the firm name "Moyer and Acquinto Accountancy Corporation" when such corporation was not registered with the Board of Accountancy.
Violation(s) Charged
Business and Professions Code, Title 16, Division 1, §§ 5050, 5100 (h), (j), and 5150.
Muscio, Richard J. Solana Beach CA CPA 40436
Board Actions
Revocation stayed, with five years' probation, via stipulated settlement.
Mr. Muscio's license is suspended for two years.
Mr. Muscio is required to reimburse the Board $3,300 for its investigation and prosecution costs.
Other standard terms and conditions.
Effective April 22, 2005
Cause For Discipline
Accusation No. AC-2004-30 contains the following allegations:
Mr. Muscio pleaded guilty to conspiracy to defraud the United States, a felony, and was sentenced to three years' probation, ordered to pay an assessment of $100 and ordered to pay a fine of $10,000.
Mr. Muscio caused to be filed four false Collection Information Statements in connection with an Offer-In-Compromise for a client. The Collection Information Statements were false in that they did not reflect the client's true and correct income and assets.
Violation(s) Charged
Business and Professions Code, Division 1.5, Chapter 3, § 490 and Division 3, Chapter 1, § 5100 (a), (c) and (j).
Muso, Shunji Monterey Park CA CPA 34761
Board Actions
Revocation stayed, with three years' probation, via stipulated settlement.
Mr. Muso's license is suspended for one year.
Mr. Muso is required to reimburse the Board $6,296.05 for its investigation and prosecution costs.
Mr. Muso is required to notify his clients of his suspension.
Other standard terms and conditions.
Effective October 15, 2004
Cause For Discipline
Mr. Muso admits the truth of each and every charge and allegation in First Amended Accusation No. AC-2003-21.
Mr. Muso was convicted on his plea of guilty of failing to report importation of monetary instruments, which is a felony. The circumstances surrounding the conviction are that on or about June 28, 2000, Mr. Muso, on behalf of a client, knowingly and willfully, transported more than $10,000 in monetary instruments at one time, to a place in the United States, from a place outside of the United States, and willfully failed to report the amount of the instruments transported. A total of $4,690,000 was transported on six separate trips from Tokyo, Japan to Los Angeles, California from June 28, 2000, through November 16, 2000.
Mr. Muso also operated his accounting practice as Muso & Co., Inc. This corporation was not registered with the Board.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5100 (a), (j), (g), and 5151.
Myers, Gary L. Tustin CA CPA 15151
Board Actions
Surrendered certificate, via stipulated order.
Mr. Myers is required to reimburse the Board $5,121 for its investigation and prosecution costs.
Mr. Myers is required to cease using the name of "Myers Accountancy Corporation."
Effective June 24, 2005
Cause For Discipline
Accusation No. AC-2005-5 contains the following allegations:
Mr. Myers failed to respond to inquiries made by the Board's investigator and failed to respond to a Subpoena Duces Tecum issued by the Board. Mr. Myers practiced public accountancy with an expired license. Mr. Myers further practiced under the unregistered name of Myers Accountancy Corporation.
Solely for the purpose of resolving the charges and allegations in the Accusation, Case No. AC-2005-5, without further proceedings, Mr. Myers understands that at a hearing the complainant could establish a factual basis for the charges in the Accusation, and that those charges if proven would constitute cause for discipline of his CPA license.
Violation(s) Charged
Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5060, and 5100 (g). California Code of Regulations, Title 16, Division 1, § 52.
Disclaimer for Disciplinary Actions/License Restrictions Summary
The reports contained as part of this Web site represent summaries of those formal disciplinary orders issued by the Department of Consumer Affairs (Department) and its participating programs, boards, committees, and commissions, imposing suspension, revocation or other discipline. Enforcement proceedings that are resolved by dismissal of the accusation or otherwise result in no actual discipline of a license are not reported at this Web site.
Summary information on recent orders is prepared approximately thirty (30) days after the final decision date of an enforcement case. Therefore, although this Web site may presently lack any such report, some licensees will actually be named in accusations, or be subject to disciplinary orders. The lack of a summary for a particular licensed person does not mean that the licensee has never been the subject of an accusation or administrative discipline.
The brief summaries offered at this Web site are not intended as substitutes for the actual decisions and orders issued by the Department and its participating programs, boards, committees and commissions. Copies of those decisions and orders are available at no cost by writing to the designated address for each program or board.
Also, the actions reported here may not be final and may not reflect any judicial action to stay or modify the administrative order. You should not take any action based on information contained in these summaries without verifying the information and determining whether the administrative order has been stayed or modified by a court.
As used in this summary, the term "accusation" is a formal document which notifies a licensee of the agency's charges against the licensee, and that requests a disciplinary order. The licensee is entitled to contest the charges in a formal hearing before an administrative law judge. An accusation is usually resolved by an agency decision following such a hearing or by an agency decision pursuant to a settlement agreement. Often there is a considerable period of time between the date of filing an accusation and the resolution of the accusation.
The term "suspended" means that the licensee is prohibited for a period of time from engaging in activities for which licensure is required, usually for a specified number of days or months. A suspension will usually be imposed in conjunction with a lengthy period of probation of one or more years.
The term "revoked" means that the individual, partnership, or corporation is no longer licensed as a result of an enforcement action. Revocation is not necessarily permanent. The revoked licensee has the right, one year or more after the revocation, to petition the California Board of Accountancy for reinstatement. Reinstatement of the revoked license must be approved by the Board and may include probation and/or terms and conditions.
For a copy of these actions, please contact the Board by mail, e-mail, telephone, or fax as listed below:
California Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
Attn: Enforcement Division
E-mail: enforcementinfo@cba.ca.gov
Telephone: (916) 561-1729
FAX: (916) 263-3673

