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:
- To waive his rights to a hearing under AICPA
Bylaw Section 7.4;
- To neither admit nor deny the above-specified
charge;
- To his expulsion from membership in the AICPA
effective July 3, 2001;
- 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 Institutes 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
- 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)
- 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
- 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:
- 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;
- To neither
admit nor deny the above-specified charges;
- To be
expelled from both the New York State Society of
CPAs and the American Institute of CPAs effective
May 8, 2001;
- 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. |