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ACCOUNTANCY BOARD TAKES DISCIPLINARY ACTIONS AGAINST VIOLATORS

 SACRAMENTO, Calif., Sept. 9 /PRNewswire/ -- The California State Board of Accountancy released a list of disciplinary actions taken against violators today.
 Complaints of Certified Public Accountants' or Public Accountants' alleged misconduct are thoroughly investigated under the auspices of the State Board of Accountancy. In some cases information is gathered by the Department of Consumer Affairs' Division of Investigation. Following investigations, a review is performed by the Board of Accountancy's Administrative Committee, and a decision is made either to close the case for lack of jurisdiction or evidence, or to refer the matter to the Attorney General for review and preparation of an accusation against the licensee. If charges are filed against a licensee, that individual may either enter into a settlement agreement to be acted upon by the board, or a hearing is held before an independent administrative law judge who submits a proposed decision to be considered by the 12-member Board of Accountancy. The board may either accept the proposed decision or decide the matter itself.
 The following is a summary of disciplinary actions taken by the California State Board of Accountancy against licensees at the Aug. 6, 1993, board meeting in San Diego. Note the listing for disciplinary cases in local areas:
 Bakersfield -- Hofferd, Thomas
 Thomas Hofferd, Bakersfield, was charged with gross negligence, breach of fiduciary duty and discreditable acts. Based on these charges, the board revoked Hofferd's license.
 Fresno -- Labendeira, Anthony
 The Board of Accountancy filed an accusation against Anthony Labendeira, Fresno, who admits to acts of gross negligence pertaining to an audit engagement, acceptance of a referral fee for recommending a tax shelter to his clients, as well as acting as a CPA while not licensed. Labendeira's license was revoked; revocation was stayed with three years probation, and one year suspension. Labendeira is required to complete 80 hours of additional continuing education, and is prohibited from conducting audits or reviews until competency is demonstrated to the board's satisfaction. The board is to be reimbursed for investigative costs, and Labendeira must meet standard terms and conditions of probation.
 Glendale -- Russ, Donald
 The Board of Accountancy has charged Donald Russ, Glendale, with violation of the Business and Professions Code Section 5100 (f), relating to unprofessional conduct. The board took action on Aug. 6, 1993, to revoke Russ' license; revocation was stayed with two years probation, and other standard terms and conditions. Russ is required to reimburse the board for investigative costs, and within 30 days he must comply with Rule 89.1, relating to the review of financial statements.
 Los Angeles -- Hollander, Robert
 The Board of Accountancy has charged Robert Hollander, Los Angeles, for gross negligence in relation to an audit engagement. Hollander's license was revoked; revocation was stayed with four years probation, one year suspension, 40 hours additional continuing education must be completed by Hollander, and review by an outside CPA is required for any audit, review or compilation conducted during his probation period.
 Millbrae -- Frost, Charles Harter
 The proposed decision in the matter of the accusation filed against Charles Harter Frost, Millbrae, for violation of Section 5100 (a) of the Business and Professions Code was adopted by the Board of Accountancy on Aug. 6, 1993. Frost's license was revoked; revocation was stayed with three years probation. Frost is required to complete an ethics course, 100 hours of community service, and is prohibited from activity which involves the receiving or disbursing of client funds during the probationary period.
 Modesto -- Priest, Howard
 Howard Priest, Modesto, has been charged with a violation of Business and Professions Code Section 5100 (f), relating to unprofessional conduct. The Board of Accountancy has taken action to revoke his license; revocation was stayed with three years probation. Priest must reimburse the board for investigative costs, and meet standard terms and conditions of probation.
 Mill Valley -- Kaplan, Zohar
 Zohar Kaplan, Mill Valley, was convicted of violation of the Penal Code, Section 182, and admits to charges of violation of Business and Professions Code Section 5100 (a). The Board of Accountancy has placed Kaplan on three years probation, with standard terms and conditions.
 San Diego -- York, Neal
 Neal York, San Diego, was charged with and admits to gross negligence in his handling of two audit reports. The Board of Accountancy took action to revoke York's license; revocation was stayed with three years probation. York must complete 24 hours of additional continuing education, not perform any audit, review or compilation engagement during probation period; must reimburse the board for investigative costs, and meet other standard terms and conditions of probation.
 San Francisco -- Maybruck, Milton
 On Aug. 6, 1993, the Board of Accountancy adopted the proposed Stipulated Decision and Order in the matter of the accusation filed against Milton Maybruck, San Francisco. Maybruck's license was revoked; revocation was stayed with three years probation, and he is required to complete 40 hours of additional continuing education. Maybruck must have work papers and reports resulting from any review or audit reviewed by an outside CPA, provide reimbursement of the boards' investigative costs, and meet other standard terms and conditions of probation.
 San Francisco -- Smith, Arlene
 The Board of Accountancy adopted the proposed Default Decision in the matter of the accusation filed against Arlene Ruth Smith. Smith was found to be grossly negligent in her practice of accountancy and the board took action to revoke her license on Aug. 6, 1993.
 San Luis Obispo -- Cruttenden, Robert
 Robert Cruttenden, San Luis Obispo, for purposes of settlement, admits to the violations alleged in the accusation filed against him. Cruttenden's license was revoked; revocation was stayed with three years probation. The board is to be reimbursed by Cruttenden for investigative costs. Further, Cruttenden is to complete 24 additional hours of continuing education and may not perform any audit or review engagements during his probation period.
 Studio City -- Sanborn, Ronald
 The proposed Default Decision in the accusation filed against Ronald Sanborn, Studio City, was adopted by the Board of Accountancy. Cause for discipline exists pursuant to Section 99, Business and Professions Code Section 5100 (a) and 490, for conviction of a substantially related crime, including violation of 18 U.S.C. Section 371, relating to conspiracy to defraud the United States. Sanborn's license was revoked in action taken by the Board of Accountancy on Aug. 6, 1993.
 Vista -- Sojka, Gregory
 The Board of Accountancy adopted the proposed Default Decision in the Accusation filed against Gregory Charles Sojka, of Vista. Sojka's charges resulted from numerous violation of Section 5100 of the Business and Professions Code, as well as Rules Sections 58.3, 57, 60, 64, 67 and 87. Sojka's license was revoked in action taken by the board on Aug. 6, 1993.
 During the period from July 1, 1992, to June 30, 1993, the board received 814 complaints; 368 complaints resulted from services being performed by persons practicing accountancy without a California license; 929 complaint cases were closed; 423 investigations were opened; 50 legal accusations were filed; 52 citations were issued; and 37 disciplinary actions were taken by the board.
 Copies of the accusations and decisions regarding any of these disciplinary actions are available by sending a written request to the Board of Accountancy office, Attention: Disciplinary Action, 2135 Butano Dr., Suite 200, Sacramento, CA 95825. Indicate licensee's name, and enclose a check or money order in the amount of $3 for each request.
 -0- 9/9/93
 /CONTACT: Carol Sigmann, executive officer of the Board of Accountancy, 916-574-2189/


CO: State Board of Accountancy ST: California IN: SU:

LH-TM -- SF014 -- 0577 09/09/93 20:42 EDT
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