As a result of an investigation of alleged violations of the Code of Professional Conduct of the AICPA, Mr. Bonneau, with the firm of Bonneau Accounting Services, entered into a settlement agreement under the Joint Ethics Enforcement Program, effective March 2, 2016.
Information came to the attention of the Ethics Charging Authority (“ECA”) (comprised of the AICPA Professional Ethics Executive Committee) alleging a potential disciplinary matter with respect to Mr. Bonneau’s failure to ensure his firm obtained an appropriate peer review.
The ECA reviewed the allegations in the referral and information publicly available on the United States Department of Labor’s EFAST website and Mr. Bonneau’s responses to such findings. The ECA charged Mr. Bonneau with violations of the AICPA Code of Professional Conduct as follows:
Rule 203 – Accounting Principles
The financial statements did not disclose the following:
a. For assets and liabilities measured at fair value on a recurring basis, the disclosures
required by ASC 820-10-50;
b. Related party (party-in-interest) transactions (FASB ASC 850-10-50);
c. Subsequent events disclosures required by ASC 855-10-50; and
d. Employer absorbed administrative costs. (FASB ASC 962-205-50)
Rule 501 – Acts Discreditable
As the partner responsible for his peer review compliance, Mr. Bonneau failed to ensure it complied with requirements of the AICPA to undergo a peer review.
The above is not intended to be a comprehensive list of all the deficiencies in the matter. Had a more comprehensive review been made of the financial statements and working papers, additional deficiencies may have been noted.
In consideration of the ECA forgoing further investigation of Richard A. Bonneau’s, conduct as described above and in consideration of the ECA forgoing any further proceedings in the matter, Mr. Bonneau agreed as follows:
a. To waive his rights to a hearing under AICPA bylaws section 7.4.
b. To neither admit nor deny the above specified charges.
c. To his suspension from membership in the AICPA for a period of two years from the effective date of this agreement.
d. To comply immediately with professional standards applicable to the professional services he performs and to submit evidence of such compliance.
e. To provide an attestation immediately, then every six months for a period of three years that he is no longer performing audit engagements. If he returns to performing audits, he agrees to the following:
· To complete 34 hours of continuing professional education (CPE) courses (Auditing Employee Benefit Plans*; Upcoming Peer Review: Is Your Firm ready?; Accounting and Auditing Update for Small Businesses) prior to commencing audits and provide evidence of such completion (e.g., attendance sheets, course completion certificates, etc.) *If returning to employee benefit plan audits.
· To hire an outside party, acceptable to the ECA to perform a pre-issuance review of the reports, financial statements, and working papers on all audits performed by him for one year from the date the reviewer has been approved by the ECA. He must submit the names of the chosen reviewers to the ECA for approval no later than 30 days after he commences performing such engagements.
He agrees to permit the outside party to report quarterly to the ECA on his progress in complying with this agreement as stated herein to comply with professional standards. The report should provide the reviewer’s comments in detail for each engagement and should include a description of the nature of the entity reviewed, the entity’s year end and the date of the review. The first report is due 120 days after the reviewer has been approved by the ECA with subsequent reports due every 90 days thereafter. He agrees to have this pre-issuance review performed at his expense. The ECA has the right to extend the period of time and number of engagements subject to pre-issuance review if there are deficiencies.
He agrees to inform the ECA of any changes in the composition of his practice or changes in his role during the period he is subject to the pre-issuance reviews. If his practice changes and he is no longer involved with audits or no longer acts in a supervisory capacity on such engagements, he must inform the ECA of this change and the ECA may require that he attest every six months for three years as to the nature of his practice. If, during the three-year attestation period he returns to performing such engagements he must inform the ECA and undergo the pre-issuance reviews.
· To submit six months after the completion of the pre-issuance reviews, a list of the highest level (audits, reviews, and compilations with note disclosures) of engagements that he performed in the period between the date of completion of the pre-issuance reviews and the end of the six-month period following completion of the pre-issuance reviews. The following information should be included regarding the engagements listed: number of hours spent on the engagement, his role and total hours on each engagement, level of professional services rendered, type of report issued, type of organization, and whether it was an initial engagement. The ECA will select one of these engagements for review. He will be informed of this selection and will be asked to submit information to include a copy of his report, the financial statements, and working papers related to that engagement for review by ECA. The ECA may extend the period to select an engagement to ensure a suitable selection is available. A peer review undergone by his firm would not exempt him from this requirement.
He agrees to inform the ECA of any changes in the composition of his practice or changes in his role until a suitable work product is selected for review. If his practice changes and he is no longer involved with audits, reviews, and compilations with note disclosures or no longer acts in a supervisory capacity on such engagements, he must inform the ECA of this change and the ECA may require that he attest every six months for three years as to the nature of his practice. If, during the three-year attestation period he returns to performing such engagements he must inform the ECA of this change and the ECA will select a suitable work product for review.
After an initial review of such report, financial statements, and working papers, the ECA may decide he has substantially complied with professional standards and close this matter. Or, the ECA may decide that an ethics investigation of the engagement he submitted is warranted. If at the conclusion of the investigation, the ECA finds that professional standards have in fact been violated, the ECA may refer the matter to the trial board for a hearing or take such other action as it deems appropriate.
· If he resumes performing employee benefit plan audits, he agrees to submit an application to join the Employee Benefit Plan Audit Quality Center. Upon membership in that Center, he agrees that his firm will comply with the directives of that Center.
· He agrees to enroll his firm in peer review 60 days after accepting an attestation engagement. The review should be scheduled through his firm’s administering entity, and he must submit evidence of the scheduled review by submitting a copy of the review team approval letter issued by his firm’s administering entity.
f. To be prohibited from serving as a member of any ethics or peer review committee of the AICPA or the state CPA societies until he has completed all directives in this letter. This restriction will be communicated to those responsible for appointments to such committees. In addition, if he applies to join any committee of the AICPA or the state CPA societies he must inform those responsible for such appointments of the results of this ethics investigation. This requirement shall remain in effect until the ECA determines that the work product submitted to comply with directive e. above, if applicable, substantially complies with professional standards.
g. To be prohibited from teaching continuing professional education courses approved by the AICPA or the state CPA societies in the areas of audit and accounting and employee benefit plans until he has completed all of the directives included in this letter. This restriction will be communicated to those responsible for engaging CPE instructors at the AICPA and the state CPA societies. This requirement shall remain in effect until the ECA determines that the work product submitted to comply with directive e. above, if applicable, substantially complies with professional standards.
h. To be prohibited from performing peer reviews in any capacity until the directives in this letter have been completed. This prohibition will remain in effect until the ECA determines that the work product you submitted to comply with directive e. above, if applicable, substantially complies with professional standards. This restriction will be communicated to your peer review oversight agency.
i. That the ECA shall provide a copy of this settlement agreement to the AICPA’s Peer Review Division staff, his peer review administering entities and his firm’s peer reviewer.
j. That the ECA shall publish his name, the name of his firm, the charges, and the terms of this settlement agreement.
k. That the ECA shall monitor his compliance with the terms of this settlement agreement and initiate an investigation where the ECA finds there has been noncompliance.