Totaro, Charles C. of Toms River, NJ

As a result of an investigation of alleged violations of the codes of professional conduct of the AICPA and the New Jersey Society of CPAs, Mr. Totaro, with the firm of Totaro, Totaro & Siegel 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 and the New Jersey Society of CPAs Professional Ethics Committee) alleging a potential disciplinary matter with respect to Mr. Totaro’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. Totaro’s responses to such findings.  The ECA charged Mr. Totaro with violations of the AICPA and New Jersey Society of CPAs codes of professional conduct as follows:

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

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

Agreement:

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

  1. To waive his right to a hearing under AICPA Bylaws Section 7.4 and the New Jersey Society of CPAs bylaws Article I, Section 8.

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

  3. To his expulsion from membership in the AICPA and the New Jersey Society of CPAs.

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