July 6, 2008
 
 
Disciplinary Actions

December 2001

As a result of decisions by hearing panels of the Joint Trial Board, the following members have had their AICPA memberships:

Terminated:

Ronald Lee Castleman of Warrensburg, MO, effective September 26, 2001

Mr. Castleman violated AICPA Bylaw 7.4.6 by failing to comply with the directives of a June 1, 1993 letter of required corrective action.

Wayne C. Sellers of Kansas City, MO, effective September 26, 2001

Mr. Sellers violated AICPA Bylaw 7.4.6 by failing to comply with the directives of a October 3, 1991 letter of required corrective action.

Randall Allen Youngblood of Herrin, IL, effective September 26, 2001

Mr. Youngblood violated AICPA Bylaw 7.4.6 by failing to cooperate with the Professional Ethics Division in an investigation of his professional conduct.

Under the automatic disciplinary provisions of the Institute's bylaws, the following member has had his AICPA membership:

Terminated because of a final judgment of conviction for a crime punishable by imprisonment for more than one year:

Charles I. Covey of Kansas City, MO, effective September 7, 2001

Mr. Covey was found guilty of Conspiracy to Commit Money Laundering, Aiding and Abetting Money Laundering and Criminal Forfeitures.

November 2001

As a result of an investigation of alleged violations of the Code of Professional Conduct of the AICPA and/or state CPA societies, the following ethics case has been resolved by settlement agreement under the Joint Ethics Enforcement Program.

Member

Louis B. Fox of Monsey, NY

Information has come to the attention of the Ethics Charging Authority (“ECA”) (comprised of the Professional Ethics Executive Committee of the AICPA) alleging a potential disciplinary matter with respect to Louis B. Fox's conduct in connection with his lack of independence in providing audit services to a client.

After an investigation, Mr. Fox is charged with violating the AICPA's Code of Professional Conduct as follows:

Charge

Rule 101-Independence

Mr. Fox lacked independence in providing audit services to a client caused by his agreement to have such client issue shares of stock to his mother on his behalf during the period of professional engagement.

Agreement

In consideration of the ECA foregoing further investigation of Mr. Fox's conduct as described above, and in consideration of the ECA foregoing any further proceedings in this matter, Mr. Fox agrees as follows:

  1. To waive his rights to a hearing under AICPA Bylaw Section 7.4;
  2. To neither admit nor deny the above-specified charge;
  3. To his expulsion from membership in the AICPA effective July 3, 2001;
  4. To the publication of his name, the charges and the terms of this settlement agreement in an abbreviated format in the printed version of a membership periodical of the AICPA with a more detailed description of the disciplinary action in the online version of this periodical on the AICPA's website.

As a result of decisions by hearing panels of the Joint Trial Board, the following members have had their AICPA memberships:

—Terminated following denial by an ad hoc committee of the Joint Trial Board of a request for a review of the decision of the original trial board:

Mr. Tompkins violated AICPA Bylaw 7.4.6 by failing to comply with the directive of a September 26, 1996 letter of required corrective action.

Under the automatic disciplinary provisions of the Institute's bylaws, the following members have had their AICPA memberships:

—Terminated because of a final judgment of conviction for a crime punishable by imprisonment for more than one year:

Irvin T. Nelson of Logan, UT, effective September 13, 2001

Mr. Nelson was convicted of the following crimes: Sexual Abuse of a Child and Forcible Sexual Abuse.

—Terminated following revocation of her CPA certificate by her state board of accountancy:

Elizabeth A. Tatman of Mission Viejo, CA, effective August 20, 2001

Ms. Tatman's certificate was revoked by the California State Board of Accountancy in connection with her conviction for grand theft.

October 2001

As a result of a decision by a hearing panel of the Joint Trial Board, the following member has had his AICPA membership:

Terminated:

Lester O. Weison, Jr. of The Woodlands, TX, effective August 30, 2001

Mr. Weison violated Rule 501 - Acts Discreditable of the AICPA Code of Professional Conduct by failing to comply with the directives of the Joint Trial Board.

As a result of acceptance of guilty pleas by the Joint Trial Board, in lieu of hearings, the following members have had their AICPA memberships:

Terminated:

Preston S. Davies of Northbrook, IL, effective August 18, 2001

Mr. Davies violated AICPA Bylaw 7.4.6 by failing to comply with the directives of the settlement agreement which he executed on April 6, 2000.

September 2001

As a result of decisions by hearing panels of the Joint Trial Board, the following members have had their AICPA memberships:

Terminated:

Mr. Jacobs violated AICPA Bylaw 7.4.6 by failing to comply with the directives of a June 1, 1999 letter of required corrective action.

Mr. Pfeister violated AICPA Bylaw 7.4.6 by failing to cooperate with the Professional Ethics Division in an investigation of his professional conduct.

Mr. Reilly violated AICPA Bylaw 7.4.6 by failing to comply with the directives of a October 21, 1999 letter of required corrective action.

Mr. Swanson violated AICPA Code of Professional Conduct Rule 501-Acts Discreditable by performing audit, review and compilation engagements over an extended period (twenty months) without a valid individual or firm license to practice public accounting in the state of Minnesota in violation of Minnesota statues.

Mr. Whiteside violated AICPA Bylaw 7.4.6 by failing to cooperate with the Professional Ethics Division in an investigation of his professional conduct.

Under the automatic disciplinary provisions of the Institute’s bylaws, the following members have had their AICPA memberships:

Terminated because of a final judgment of conviction for crimes punishable by imprisonment for more than one year:

Mr. Pirro was found guilty of violating United States Code Title 18, Section 371, Conspiracy to Commit Tax Evasion and Fraud, United States Code Title 21, Section 7201, Tax Evasion, and United States Code Title 26, Section 7206 (2), Tax Fraud.

July/August 2001

As a result of investigations of alleged violations of the Code of Professional Conduct of the AICPA and/or state CPA societies, the following ethics cases have been resolved by settlement agreement under the Joint Ethics Enforcement Program:

Member

James P. Napolitano of Hicksville, NY

Information has come to the attention of the Ethics Charging Authority (“ECA”) (comprised of the Professional Ethics Committee of the New York State Society of CPAs and the Professional Ethics Executive Committee of the American Institute of Certified Public Accountants (AICPA)) alleging a potential disciplinary matter with respect to James P. Napolitano's conduct in connection with the performance of professional services related to an entity's financial statements for the years ended December 31, 1995 and 1994.

After an investigation, Mr. Napolitano is charged with violating the AICPA and the New York State Society of CPAs Codes of Professional Conduct as follows:

Charges

Rule 101 - Independence

Mr. Napolitano audited financial statements for the years ending December 31, 1994 and 1995 for the entity when he lacked independence due to him being an employee of the entity during the period of the professional engagement and at the time of expressing an opinion, as supported by the interpretation cited below:

Interpretation 101-1B1: for issuing said audit reports during the period of professional engagement and at the time of expressing an opinion, in which Mr. Napolitano received a bi-weekly salary from the entity during 1995 and 1996, received W-2's from the entity for 1995 and 1996 and participated in the entity's 401(K) program.

Rule 201B - Due Professional Care

Mr. Napolitano did not exercise due professional care in the preparation and issuance of both the review report and then the subsequent audit report for the entity's December 31, 1995 financial statements, since these two reports contained contradictory financial information without any explanations.

Rule 202 - Compliance With Standards

  1. Mr. Napolitano failed to maintain custody of his audit working papers as required by generally accepted auditing standards. (SAS No. 41/AU Sections 339.01-.08)
  2. Mr. Napolitano should have disclaimed an opinion on the entity's December 31, 1995 and 1994 financial statements and stated that he was not independent. (SAS No. 26/AU Section 504.09)

Rule 501 - Acts Discreditable

  1. Mr. Napolitano signed the name of another certified public accountant on an auditor's report for the entity for the year ending December 31, 1995.

Agreement

In consideration of the ECA foregoing further investigation of Mr. Napolitano's conduct as described above and in consideration of the ECA foregoing any further proceedings in this matter, Mr. Napolitano agrees as follows:

  1. To waive his right to a hearing under AICPA Bylaw Section 7.4. and the New York State Society of CPAs Bylaw Article XII-Professional Conduct and Disciplinary Proceedings, Section 8. Joint Ethics Enforcement Program;
  2. To neither admit nor deny the above-specified charges;
  3. To be expelled from both the New York State Society of CPAs and the American Institute of CPAs effective May 8, 2001;
  4. That the ECA shall publish his name, the charges and the terms of this settlement agreement in an abbreviated format in the printed version of a membership periodical of the AICPA with a more detailed description of the disciplinary action in the online version of this periodical on the AICPA's website. Also, this information will appear in a periodical of the New York State Society of CPAs.

As a result of decisions by hearing panels of the Joint Trial Board, the following members have had their AICPA memberships:

—Terminated:

Mr. Becker violated AICPA Bylaw 7.4.6 by failing to cooperate with the Ethics Charging Authority in an investigation of his professional conduct.

Mr. Foxworth violated AICPA Bylaw 7.4.6 by failing to cooperate with the Ethics Charging Authority in an investigation of his professional conduct.

Mr. Humphries violated AICPA Bylaw 7.4.6 by failing to cooperate with the Ethics Charging Authority in an investigation of his professional conduct.

Mr. Noles violated Rule 501 - Acts Discreditable of the AICPA Code of Professional Conduct by failing to comply with the directives of the Joint Trial Board.

Terminated as a result of the acceptance of a guilty plea by the Joint Trial Board in lieu of a hearing:

Mr. Perry violated AICPA Bylaw 7.4.6 by failing to comply with the directives of a letter of required corrective action.

June 2001

Editor’s Note: Articles have been removed in accordance with retention guidelines.

May 2001

Editor’s Note: Articles have been removed in accordance with retention guidelines.

April 2001

Editor’s Note: Articles have been removed in accordance with retention guidelines.

February/March 2001

Editor’s Note: Articles have been removed in accordance with retention guidelines.

January 2001

Editor’s Note: Articles have been removed in accordance with retention guidelines.

 
 
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