Tonik, Elliot L. of Moorestown, NJ

As a result of an investigation of alleged violations of the codes of professional conduct of the AICPA, New Jersey Society of CPAs and the Pennsylvania Institute of CPAs, Mr. Tonik, with the firm of Elliot L. Tonik, PC entered into a settlement agreement under the Joint Ethics Enforcement Program effective April 8, 2016.

Information came to the attention of the Ethics Charging Authority (“ECA”) (comprised of the AICPA Professional Ethics Executive Committee, the New Jersey Society of CPAs Professional Ethics Committee and the Pennsylvania Institute of CPAs Professional Ethics Committee) alleging a potential disciplinary matter with respect to Mr. Tonik’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. Tonik’s responses to such findings. The ECA charged Mr. Tonik with violations of the AICPA, New Jersey Society of CPAs and the Pennsylvania Institute of CPAs codes of professional conduct as follows:

Rule 201 – General Standards, A. Professional Competence

The auditor undertook an engagement that he could not complete in accordance with professional standards.

Rule 202 – Compliance with Standards

  1. The auditor failed to perform adequate procedures to support the opinion on the financial statements in several significant areas. (SAS 106)

  2. The financial statement disclosures addressing information certified by the trustee did not include investment earnings, certified as accurate and complete. (AAG EBP 5.02)

Rule 203 – Accounting Principles

  1. Participant loans are improperly classified as investments in the Statement of Net Assets Available for Benefits. (FASB ASC 962-310-45-2)

  2. The financial statements erroneously disclose the existence of benefit responsive contracts that do not exist. (FASB ASC 962-325-50-3)

Rule 501, Interpretation 501-5 – Failure to follow requirements of governmental bodies, commissions, or other regulatory agencies

  1. As the partner responsible for his firm’s peer review compliance, Mr. Tonik failed to ensure it complied with state board requirements and those of the AICPA, New Jersey Society of CPAs and Pennsylvania Institute of CPAs to undergo a peer review.

  2. A Schedule of Assets Held was not attached to the original financial statements. (29 U.S. Code §1023 Annual Reports)

Agreement:

In consideration of the ECA forgoing further investigation of Mr. Tonik’s conduct as described above and in consideration of the ECA forgoing any further proceedings in the matter, Mr. Tonik agreed as follows:

  1. To waive his right to a hearing under AICPA bylaws section 7.4, the New Jersey Society of CPAs bylaws section 8 and the Pennsylvania Institute of CPAs bylaws Article XIV Section 2(b).

  2. To neither admit nor deny the above specified charges.

  3. To his suspension from membership in the AICPA, the New Jersey Society of CPAs and the Pennsylvania Institute of CPAs for a period of two years from the effective date of this agreement.

  4. That the ECA shall publish his name, the name of his firm, the charges, and the terms of this settlement agreement.

  5. To comply immediately with professional standards applicable to the professional services he performs and to submit evidence of such compliance.

  6. To provide an attestation immediately, then every 6 months for a period of 3 years that he is no longer performing audits or reviews. If he returns to performing such work, he agrees:

    • To complete 34 hours of continuing professional education (CPE) courses (Auditing Employee Benefit Plans*; Upcoming Peer Review: Is Your Firm Ready?; Accounting & Auditing Update for Small Businesses) prior to commencing such work and provide evidence of completion. (e.g., attendance sheets, course completion certificates, etc.) *Only required If he resumes 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 accepts an audit or review engagement.

      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 and/or and CPE courses above, a list of the highest level of engagements (audits and reviews) that he performed in the period between the date of completion of those pre-issuance reviews and/or CPE courses and the end of the six-month period following completion of the pre-issuance reviews and/or CPE courses. 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 and reviews 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.

    • To submit, within 30 days after accepting an employee benefit plan audit, evidence that his firm has submitted 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.

    • To submit, within 30 days after returning to performing audits, reviews or compilations, evidence his firm is enrolled in a peer review program. In addition, his firm’s peer review will be due to the ECA within 6 months after the year-end date determined by the peer review administering entity.

  7. To be prohibited from serving as a member of any ethics or peer review committee of the AICPA, the New Jersey Society of CPAs or the Pennsylvania Institute of CPAs 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 other committee of the AICPA, the New Jersey Society of CPAs or the Pennsylvania Institute of CPAs 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 f. above substantially complies with professional standards.

  8. To be prohibited from teaching continuing professional education courses approved by the AICPA or the state societies in auditing 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, New Jersey Society of CPAs and the Pennsylvania Institute of CPAs. This requirement shall remain in effect until the ECA determines that the work product submitted to comply with directive f. above substantially complies with professional standards.

  9. 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 he submitted to comply with directive f. above substantially complies with professional standards. This restriction will be communicated to his peer review oversight agency.

  10. 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.

  11. 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.