California Board of Accountancy

Enforcement Actions Index


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Tague, Mark S.    Trabuco Canyon CA   CPA 41412

Board Actions

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

Probation terms include the following: completion of a Board-approved ethics examination. Reimbursement to the Board for investigation and prosecution costs. Other standard terms of probation.


Effective March 8, 1998



Cause For Discipline

From July 1992 until October 1993, Respondent was variously executive vice president/corporate controller, treasurer, and secretary 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 quarter ended September 30, 1993.

On or about June 3, 1996, the Securities and Exchange Commission (SEC) entered an Order whereby, through a settlement offer, it barred the Respondent from practice before the SEC for five years.


Violation(s) Charged

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


 


Takashima, Ronald Tatsunori    San Diego CA   CPA 15884

Board Actions

Revocation of CPA Certificate, via default decision.


Effective September 10, 1998

Reinstated October 31, 2003



Cause For Discipline

Mr. Takashima was ordered on October 11, 1995, to complete 40 hours of continuing education in specified subjects by November 30, 1996. He neither contested nor complied with the order. Further, Mr. Takashima was served with a citation on April 9, 1996, which included final orders of abatement. He has neither contested nor complied with the order of abatement.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, §§ 95.4 and 87.5.


 


Tang, Mamie     San Francisco CA   CPA 43479

Board Actions

Revocation of CPA Certificate, via stipulated settlement.


Effective October 21, 2005



Cause For Discipline

Ms. Tang was convicted in the United States District Court, Northern District of California, pursuant to her guilty plea to charges of mail fraud.


Violation(s) Charged

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


 


Tatman, Elizabeth Ann Tuey    Mission Viejo CA   CPA 28868

Board Actions

Revocation of CPA Certificate, via stipulated settlement.

Respondent may petition for reinstatement of the revoked license no earlier than two years from the effective date of the decision.

Respondent is required to reimburse the Board $10,341 for investigation and prosecution costs, prior to filing a petition for reinstatement.


Effective July 21, 2000



Cause For Discipline

For purposes of settlement, Respondent admits to the factual allegations set forth in Accusation AC-2000-1.

This Accusation includes allegations that Respondent diverted a minimum of $568,740, between 1986 to 1996, from the corporate funds of Howard & Tatman, an accountancy corporation, of which she was a 50 percent owner. Respondent falsified entries on the firm's financial records to conceal the diversions.

On November 29, 1999, Respondent pleaded guilty to grand theft in the Orange County Superior Court. On March 10, 2000, Respondent was sentenced to one year in the Orange County Jail and ordered to make restitution to James D. Howard, CPA, in the amount of $750,000.


Violation(s) Charged

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


 


Temple, John Walter    Beverly Hills CA   CPA 24415

Board Actions

License revoked and Respondent must reimburse the Board for investigation costs.


Effective December 1, 1994



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.


 


Thatcher, David Alan    Rancho Santa Fe CA   CPA 29949

Board Actions

Revocation of CPA Certificate, via stipulated settlement.


Effective April 25, 2003



Cause For Discipline

For purposes of settlement, Mr. Thatcher admits that he was convicted of a felony that is substantially related to the qualifications, functions, and duties of a Certified Public Accountant and as such has subjected his certificate to discipline.

Mr. Thatcher was the President of Critical Path, Inc., from January 2000 to February 2001, during which time he participated in a conspiracy to report false revenues to meet Critical Path's predicted financial results and to mislead Critical Path's auditors. Mr. Thatcher was charged with one count of conspiracy to commit securities fraud and pleaded guilty in a plea agreement before the United States District Court of California.


Violation(s) Charged

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


 


Thomas Alan B.      CPA 14679

Cause For Discipline

Accusation filed.


 


Thomas, Christopher Peyton    Folsom CA   CPA 31522

Board Actions

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

Respondent shall complete 24 hours of continuing professional education (CPE) courses within two years. The CPE shall be in addition to the CPE requirement for relicensing.

Respondent is required to reimburse the Board $5,200 for its investigation and prosecution costs. Payment shall be made within 12 months of the date of the Board's final decision.

Other standard terms and conditions.


Effective December 26, 2001



Cause For Discipline

For purposes of this settlement, Respondent admits the truth of the allegations set forth in the Accusation.

Respondent was grossly negligent in the preparation of Form 706 for an estate as the state tax credit of $59,535 was not taken on the Form 706, which resulted in an overpayment of federal estate taxes.

Respondent did not prepare the required California Estate Tax Return nor was the estate tax paid until the estate received a notice of deficiency from the California State Controller's office. As a result, the estate was charged $27,160 in penalties and interest.

Respondent did not compute the federal estate tax paid on income in respect to decedents and record that amount as an itemized deduction in the preparation of the estate's beneficiary's joint 1997 and 1998 federal income tax returns.

Respondent made an error on the decedent's 1996 Form 540 by including in income $10,622 of non-taxable U.S. Bond interest.


Violation(s) Charged

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


 


Thomas, John C.    San Jose CA   CPA 12290

Board Actions

Revocation of CPA Certificate, via default decision.


Effective May 6, 1998



Cause For Discipline

Respondent pleaded guilty to a felony violation of filing false statements on tax returns.


Violation(s) Charged

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


 


Timon, Bradley Jay    Aliso Viejo CA   CPA 63696

Board Actions

180 days' suspension stayed, two year's probation via Decision after Nonadoption.

Note: Mr. Timon 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, Mr. Timon 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:

KPMG LLP

McBride, Margaret Jean

Parker, Joseph Horton

Freedman, Eric Lewis



Cause For Discipline

In the performance of the audit of the 1993 financial statements of Orange County, Mr. Timon 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).

Mr. Timon failed to properly plan and supervise staff auditors in the engagement, accepted management's assertions without corroboration, and failed to maintain the proper level of professional skepticism regarding management representations.

Mr. Timon also prepared a workpaper and made revisions to the Completion Memorandum without including the actual dates when said documents were prepared or revised.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100, and 5100 (c), (f), and (i).


 


Towey, Charles J.    Rohnert Park CA   CPA 29631

Board Actions

Revocation of CPA Certificate, via proposed decision.

Respondent is required to reimburse the Board $3,932 for investigative and prosecution costs.


Effective May 3, 2001



Cause For Discipline

In July 1994, Respondent proposed to clients an investment opportunity to purchase a Mission Tortilla delivery route. After the clients agreed, they gave Respondent $15,000. Respondent deposited the funds into a personal account and gave the clients two stock certificates in a dormant corporation. Respondent never applied the funds given to him by the clients toward the financing of the Mission Tortilla delivery route. After numerous demands by the clients, Respondent gave the clients two checks for $15,262 each in August 1997. Respondent told the clients that the funds were available, and the checks would be honored. The checks were returned, due to insufficient funds.

Respondent was convicted in March 2000 in the Sonoma County Superior Court by a plea of no contest to a felony violation of knowingly issuing a check with insufficient funds. Respondent was sentenced to serve 150 days in county jail and placed on probation for 36 months. He paid the clients $30,000 in restitution, and the court reduced the felony conviction to a misdemeanor.

Respondent did not advise the Board of his criminal conviction.


Violation(s) Charged

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


 


Trauger, Tom Chamberlin    Berkeley CA   CPA 65040

Board Actions

Revocation of CPA Certificate, via stipulated settlement.


Effective February 24, 2006



Cause For Discipline

For purposes of settlement, Mr. Trauger admits that he was convicted, pursuant to his guilty plea, of one felony violation under the Sarbanes-Oxley Act for falsification of records in a federal investigation.

Mr. Trauger's conviction stems from testimony he gave before the Securities and Exchange Commission (SEC) as a partner at the accounting firm of Ernst & Young LLP.

The SEC also suspended Mr. Trauger from practice before the SEC based on his criminal conviction. Mr. Trauger failed to report the reportable events of his criminal conviction and his suspension by the SEC to the Board.


Violation(s) Charged

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


 


Truex, Anthony J.    Port Hueneme CA   CPA 15636

Board Actions

Revocation of CPA Certificate, via stipulated settlement.


Effective June 19, 1999



Cause For Discipline

For purposes of settlement, Respondent admits he was convicted in Orange County Superior Court of willfully and unlawfully taking personal property of another. The circumstances surrounding the conviction are that Respondent prepared and signed two federal tax returns with the specific intent of defrauding another person. Respondent prepared and signed the two federal returns during March and April 1993 while his license was in "inactive" status. Each return displayed the designation "CPA" behind the licensee's signature.

The Respondent had also been convicted in the United States District Court of conspiracy and aiding and abetting extortion. The circumstances surrounding the conviction are that Respondent prepared documents used to set up a shell corporation that was then used to pay a bribe for the purpose of obtaining a business loan.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5055, 5100 (a).


 

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