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Activity Review
North Carolina State
Board of Certified Public
Accountant Examiners
1101 Oberlin Rd., Ste. 104 • PO Box 12827 • Raleigh, NC 27605 • 919-733-4222 • www.nccpaboard.gov • No. 10-2012
In This Issue
2012 Board Meetings.......................... 2
Cease & Desist Orders....................... 4
Certificates Issued.............................. 7
Disciplinary Actions.......................... 2
Elijah Watt Sells Awards................... 3
Reclassifications.................................. 7
Since 1985, the North Carolina State
Bar (State Bar) has allowed lawyers to
obtain an exemption from the random
audit of trust accounts by having their
trust accounts preemptively examined
and reported on by a CPA.
Although the policy remains in
effect, it was recently revised based in
part on concerns raised by CPAs and
the State Board of CPA Examiners (the
Board).
A licensee expressed concern to the
Board staff that the report required by
the State Bar for exemption from the
random audit of trust accounts was
not in accordance with the standards
for agreed-upon procedures engage-ments
as set forth in the Statements on
Standards for Attestation Engagements.
After expressing those concerns to
the State Bar staff and learning that the
State Bar itself was concerned about the
effectiveness of the examinations, the
Board staff worked with the State Bar
to create an agreed-upon procedures
report that follows the standards, as
well as an engagement letter to be used
when auditing trust accounts.
In addition to developing a report
that is in accordance with standards, the
State Bar included in the agreed-upon
procedures report the requirement for
the CPA to report all specific findings
where the lawyer client failed to comply
with the State Bar’s rules governing
trust accounts.
Adding that requirement provides
the State Bar with more detail about
trust account rule violations and allows
the State Bar, not the CPA, to deter-mine
the severity of the violations and
whether further action is warranted.
The State Bar will only accept
agreed-upon procedures reports and
no longer accepts opinion-type audit
reports in conjunction with engage-ments
performed on trust accounts
when a lawyer is attempting to obtain
an exemption from the Bar’s random
audit requirements.
State Bar Amends Procedures for Exemption
from Random Audit of Trust Accounts
A copy of the NC State Bar Jour-nal
article, “North Carolina State Bar
Amends Procedures for Exemption
from Random Audit of Trust Accounts,”
which explains the amended procedure
in more detail, is posted on the Board’s
website, www.nccpaboard.gov.
Also available are copies of the
required engagement letter, the re-quired
agreed-upon procedures to be
performed, and the required lawyer’s
representation form for agreed-upon
procedure engagements involving the
lawyer’s trust accounts.
Sample agreed-upon procedures
reports are available on the forms page
of the NC State Bar website, www.
ncbar.gov/PDFs/11a.pdf.
Please contact Peter Bolac, the
State Bar’s Trust Account Compliance
Counsel, at (919) 828-4620 or pbolac@
ncbar.gov with questions regarding the
revised procedure and forms.
Please contact the Board’s Deputy
Director, J. Michael Barham, CPA,
at (919) 733-4215 or mbarham@
nccpaboard.gov with questions about
the Statements on Standards for At-testation
Engagements as they apply to
agreed-upon procedures engagements
involving lawyer trust accounts.
Exam Fees Effective October 20, 2012
Administrative Fees
Initial Applicant $230.00
Re-exam Applicant $75.00
Exam Section Fees
Auditing & Attestation (AUDIT) $190.35
Financial Accounting & Reporting (FAR) $190.35
Regulation (REG) $171.25
Business Environments & Concepts (BEC) $171.25
2
Disciplinary Actions
2012 Board Meetings
November 26
December 17
Meetings are held at 1101 Oberlin
Road, Raleigh, and begin at 10:00
a.m.
Meetings of the Board are open
to the public except, when under
State law, some portions may be
closed to the public.
M. Dwayne Peeler, #26487
West Covina, CA 03/21/2012
THIS CAUSE, coming before the North
Carolina State Board of CPA Examin-ers
(Board) at its offices at 1101 Oberlin
Road, Raleigh, Wake County, North
Carolina, with a quorum present.
Pursuant to N.C. Gen. Stat. §150B-41,
the Board and Respondent stipulate to
the following:
1. Respondent is the holder of North
Carolina certificate number 26487 as a
Certified Public Accountant.
2. Respondent informed the Board on
his 2010-2011 individual certificate re-newal
(renewal) that he had obtained
forty-eight (48) hours of continuing
professional education (CPE), had com-pleted
the annual ethics CPE course,
and had completed at least eight (8)
hours of non-self-study CPE to meet
the 2009 CPE requirement.
3. Based on Respondent’s representa-tion,
the Board accepted his renewal.
4. Board staff requested that Respon-dent
provide certificates of completion
for the CPE reported to meet his 2009
CPE requirement.
5. Respondent provided the CPE cer-tificates
of completion to the Board as
requested. However, Respondent could
not provide the certificate or certificates
of completion needed to document the
completion of thirteen (13) hours of
the forty-eight (48) hours of CPE that
Respondent claimed he earned between
January 1, 2009, and June 30, 2010, as
was reported on his renewal.
6. Respondent wishes to resolve this
matter by consent and agrees that the
Board staff and counsel may discuss
this Consent Order with the Board
ex parte, whether or not the Board ac-cepts
this Consent Order as written.
Respondent understands and agrees
that this Consent Order is subject to
review and approval by the Board
and is not effective until approved by
the Board at a duly constituted Board
Meeting.
BASED upon the foregoing, the
Board makes the following Conclusions
of Law:
1. Respondent is subject to the pro-visions
of Chapter 93 of the North
Carolina General Statutes and
Title 21, Chapter 08 of the North Caro-lina
Administrative Code (NCAC),
including the Rules of Professional
Ethics and Conduct promulgated and
adopted therein by the Board.
2. Respondent’s actions as set out
above constitute violations of 21 NCAC
08N .0202(a), .0202(b)(3), .0202(b)(4),
and .0203(b)(1).
3. Per N.C. Gen. Stat. §93-12(9) and also
by virtue of Respondent’s consent to
this order, Respondent is subject to the
discipline set forth below.
BASED on the foregoing and in
lieu of further proceedings, the Board
and Respondent agree to the follow-ing
Order:
1. Respondent’s application for renewal
is deemed insufficient and untimely un-der
N.C. Gen. Stat. §150B-3(a). Hence,
his certificate is automatically forfeited
pursuant to N.C. Gen. Stat. §93-12(8b).
2. Respondent must return his cer-tificate
to the Board with this signed
Consent Order.
3. Respondent may not apply for the
reissuance of his certificate for at least
one (1) year from the date the Board re-ceives
Respondent’s forfeited certificate
and until the civil penalty required in
number five (5) of this Order has been
paid by Respondent.
4. Respondent may apply to return his
certificate to active status by submission
and approval of a reissuance applica-tion
which includes:
a. Application form,
b. Payment of the application fee,
c. Three (3) moral character affidavits,
and
d. Fifty-three (53) hours of CPE, of
which thirteen (13) of these hours
shall be in the group-study format, in
the twelve (12) months preceding the
application.
5. Respondent shall pay a one thousand
dollar ($1,000.00) civil penalty to be
remitted to the Board within six (6)
months of the date this signed Order
is accepted by the Board.
6. Respondent agrees that failure to
timely comply with any terms of this
agreement and consent order shall be
deemed sufficient grounds for revoca-tion
of his license.
Teresa L. Brenan, #34187
Raleigh, NC 04/24/2012
THIS CAUSE, coming before the North
Carolina State Board of CPA Examin-ers
(Board) at its offices at 1101 Oberlin
Road, Raleigh, Wake County, North
Carolina, with a quorum present. Pur-suant
to N.C. Gen. Stat. §150B-41, the
Board and Respondent stipulate to the
following Findings:
1. Respondent is the holder of North
Carolina certificate number 34187 as a
Certified Public Accountant.
2. In June 2010, Respondent informed
the Board on her 2010-2011 individual
certificate renewal (renewal) that she
had obtained forty (40) hours of con-tinuing
professional education (CPE),
had completed the annual ethics CPE
course, and had completed at least eight
(8) hours of non-self-study CPE to meet
the 2009 CPE requirement.
3. Prior to submitting her renewal,
Respondent requested an extension to
complete her 2009 CPE requirements in
2010 without penalty. The Board dis-approved
that request by letter dated
April 27, 2010.
4. Based on Respondent’s representa-tion,
the Board accepted her renewal.
5. In January 2011, Board staff requested
that Respondent provide certificates
of completion for the CPE reported to
meet her 2009 CPE requirement.
6. Respondent provided the CPE cer-tificates
of completion to the Board as
3
Disciplinary Actions
continued on page 5
requested. Respondent acknowledged
that she had only completed two (2)
hours of CPE during the period be-tween
January 1, 2009, and June 30,
2010, which was inconsistent with her
2010-2011 renewal.
7. Respondent was first issued her
certificate in 2009. Accordingly, the
2009 year was the first one in which
Respondent was required to complete
mandatory CPE requirements. Simi-larly,
2010-2011 was the first time that
Respondent had to report the manda-tory
CPE requirements to renew her
certificate.
8. When Respondent received the
Board’s disapproval of her extension
request in April 2010, the letter also
included notification that she likely
would be subject to a Letter of Warn-ing
for her failure to timely complete
the 2009 CPE requirements. Because
of her inexperience with mandatory
CPE and the corresponding reporting
requirement at renewal, Respondent
mistakenly believed at the time that
the Letter of Warning resolved her
2009 CPE credit deficit and that she
was no longer required to complete
those hours.
9. Upon receipt of the Board’s letter that
her 2009 and 2010 CPE credits were
being audited, Respondent promptly
contacted the Board, realized her inad-vertent
mistake on the renewal form,
explained it to the Board representative
and acknowledged that she had not
completed the required CPE credits for
2009 during that initial conversation.
Respondent also subsequently inquired
and received confirmation from the
Board that she could continue using her
CPA designation during the pendency
of the Board’s audit of her CPE credits.
10. Respondent was not actively work-ing
or practicing as a certified public
accountant in 2009 and 2010, including
after her renewal in June 2010 through
December 2010.
11. Respondent wishes to resolve this
matter by consent and agrees that the
Board staff and counsel may discuss
this Consent Order with the Board
ex parte, whether or not the Board ac-cepts
this Consent Order as written.
Respondent understands and agrees
that this Consent Order is subject to
review and approval by the Board
and is not effective until approved by
the Board at a duly constituted Board
Meeting.
BASED upon the foregoing, the
Board makes the following Conclusions
of Law:
1. Respondent is subject to the pro-visions
of Chapter 93 of the North
Carolina General Statutes and
Title 21, Chapter 08 of the North Caro-lina
Administrative Code (NCAC),
including the Rules of Professional
Ethics and Conduct promulgated and
adopted therein by the Board.
2. When submitting her 2010-2011 re-newal,
Respondent reasonably should
have known that she was still required
to complete the 2009 CPE requirements
and the renewal related to those credits,
notwithstanding the anticipated letter
of warning. By submitting this renewal,
she violated 21 NCAC 08N .0202(b)(3)
and (4), which prohibit, among other
things, representations that the CPA
should have known had the capacity
to deceive in regard to maintaining
certification or reporting CPE credits.
3. Per N.C. Gen. Stat. §93-12(9) and also
by virtue of Respondent’s consent to
this order, Respondent is subject to the
discipline set forth below.
BASED on the foregoing and in
lieu of further proceedings, the Board
and Respondent agree to the follow-ing
Order:
1. Respondent’s application for renewal
is deemed insufficient and untimely un-der
N.C. Gen. Stat. §150B-3(a). Hence,
her certificate is automatically forfeited
pursuant to N.C. Gen. Stat. §93-12(8b).
2. Respondent must return her cer-tificate
to the Board with this signed
Consent Order.
3. Respondent may not apply for the
reissuance of her certificate for at least
one year from the date the Board re-ceives
Respondent’s forfeited certificate
and until the civil penalty required in
number five (5) of this Order has been
paid by Respondent.
4. Respondent may apply to return her
certificate to active status by submis-sion
and approval of a reinstatement
application which includes:
a. Application form,
b. Payment of the application fee,
c. Three (3) moral character affidavits,
and
d. Seventy-eight (78) hours of CPE in
the twelve (12) months preceding the
application, thirty-eight (38) hours of
which must be in a group study format,
including an eight (8) hour accountancy
law course as offered by the North
Carolina Association of CPAs.
5. Respondent shall pay a one thousand
dollar ($1,000.00) civil penalty to be
remitted to the Board within six (6)
months of the date this signed Order
is accepted by the Board.
6. Respondent agrees that failure to
timely comply with any terms of this
agreement and consent order shall be
deemed sufficient grounds for revoca-tion
of her license.
NC Exam Candidates
Receive Elijah Watt Sells
Awards
The Board is pleased to announce
that two North Carolina Exam
candidates were named 2011
Elijah Watt Sells Award winners by
the AICPA.
Brittany Aloi, a graduate of Fur-man
University who holds a Master
of Accountancy from North Caro-lina
State University, is currently
employed with Reznick Group in
Charlotte. She was licensed as a
North Carolina CPA in August.
Han Sun is a graduate of
Sun Yat-sen University with a Bach-elor
of Management and the Univer-sity
of North Carolina at Chapel Hill
with a Master of Accountancy. He
is an employee of Pricewaterhouse-
Coopers in Charlotte.
The Sells Award is presented to
candidates who obtain a cumulative
average score above 95.50 across all
four sections of the Exam, completed
testing during the previous calendar
year and passed all four sections of
the Exam on their first attempt.
More than 90,000 candidates sat
for the Exam in 2011 and 37 qualified
for the Sells Award.
4
Board Office Closed
The Board office will be closed on
the following dates:
November 12, 2012
Veterans’ Day
November 22-23, 2012
Thanksgiving
December 24-26, 2012
Christmas
Roselie McDevitt
Mount Olive, NC
To the Above-Named Respondent:
WHEREAS, the North Carolina State
Board of Certified Public Accountant
Examiners (“Board”) is authorized by
N.C. Gen. Stat. §93-12 (16) to enforce the
provisions of the North Carolina Cer-tified
Public Accountant Act through
actions for injunctive relief regarding
“a single violation” of this Chapter;
WHEREAS, pursuant to N.C. Gen. Stat.
§93-1, “A ‘certified public accountant’
is a person who holds a certificate as
a certified public accountant issued
under the provisions of this Chapter;”
WHEREAS, pursuant to N.C. Gen.
Stat. §93-3, “It shall be unlawful for
any person who has not received a
certificate of qualification or not been
granted a practice privilege under
GS 93-10 admitting the person to prac-tice
as a certified public accountant to
assume or use such a title, or to use any
words, letters, abbreviations, symbols
or other means of identification to in-dicate
that the person using same has
been admitted to practice as a certified
public accountant;”
WHEREAS, Respondent Roselie
McDevitt (hereinafter “Respondent
McDevitt”) is not now, nor has she
ever been, licensed as a certified public
accountant in North Carolina or oth-erwise
authorized by the Board to use
the CPA title in this State;
WHEREAS, Respondent McDevitt
is not actively licensed as a certified
public accountant in any other known
jurisdiction; and
WHEREAS, Respondent McDevitt,
while living and working in North
Carolina, has held herself out as a
certified public accountant as evinced
in a letter dated March 19, 2012, and
signed by Respondent McDevitt as
“Roselie McDevitt, Sc.D., CPA” and
by the Mount Olive College website,
which identifies her as a “Certified
Public Accountant.”
THEREFORE, R e s p o n d e n t
McDevitt is hereby notified and the
North Carolina State Board of Certified
Public Accountant Examiners demands
that she immediately cease and desist
from offering or using in any manner
the title “CPA” or “Certified Public
Accountant” in North Carolina unless
and until Respondent McDevitt has
been licensed as a CPA by the North
Carolina State Board of Certified Public
Accountant Examiners.
North Carolina State Board of Certified
Public Accountant Examiners
BY: Frank X. Trainor, III, Board Staff
Attorney
DATE: 04/02/2012
In lieu of civil proceedings authorized by
N.C. Gen. Stat. §93-12(16), the Board
will accept Respondent’s consent to this
Demand.
Consented to: Roselie McDevitt
DATE: 04/12/2012
Paul S. Taylor
Huntersville, NC
To the Above-Named Respondent:
WHEREAS, the North Carolina State
Board of Certified Public Accountant
Examiners (“Board”) is authorized by
N.C. Gen. Stat. §93-12(16) to enforce
the provisions of the North Carolina
Certified Public Accountant Act (“Act”)
through actions for injunctive relief
regarding “a single violation” of this
Chapter; and,
WHEREAS, in March 2010, Respondent
Paul S. Taylor (“Respondent Taylor”)
and his company Capital Advisory
Group and Tax Planners of Lake Nor-man
(“Capital Advisory Group”), were
advised that they were in violation of
N.C. Gen. Stat. §93-4 by placing adver-tisements
that they provided offering
to provide tax returns that were “CPA
prepared and signed.”
WHEREAS, on March 23, 2010, Re-spondent
Taylor, through his attorney,
“agreed to discontinue the use of the
phrase ‘CPA prepared and signed,’ and
any referenced to ‘CPA’….”
WHEREAS, on or about March 16-22,
2012, Respondent Taylor placed an
advertisement for Capital Advisory
Group in The Herald Weekly, represent-ing
“Complete Income Tax Preparation,
CPA Prepared, Only $69….”
WHEREAS, Respondent Taylor has
already agreed in prior correspondence
to refrain from making the representa-tions
that are the subject matter of this
demand and notice.
THEREFORE, Respondent Taylor is
hereby notified and the North Caro-lina
State Board of Certified Public
Accountant Examiners demands that
he immediately cease and desist from
advertising “CPA prepared” tax re-turns
or otherwise referencing CPAs
in the advertising for Capital Advisory
Group.
North Carolina State Board of Certified
Public Accountant Examiners
BY: Frank X. Trainor, III, Board Staff
Attorney
DATE: 03/26/2012
In lieu of civil proceedings authorized by
N.C. Gen. Stat. §93-12(16), the Board
will accept Respondent’s consent to this
Demand.
Consented to: Paul S. Taylor
DATE: 03/29/2012
Notices of Apparent Violation and
Demands to Cease and Desist
5
Disciplinary Actions
continued from page 3
Alison Monroe, #24083
Durham, NC 04/24/2012
THIS CAUSE, coming before the Board
at its offices at 1101 Oberlin Road,
Raleigh, Wake County, North Carolina,
with a quorum present. Pursuant to
N.C. Gen. Stat. §150B-41, the Board and
Respondent stipulate to the following:
1. Respondent was the holder of North
Carolina certificate number 24083 as a
Certified Public Accountant.
2. Respondent informed the Board on
her 2009-2010 individual certificate
renewal (renewal) that she had ob-tained
forty (40) hours of continuing
professional education (CPE), had
completed an annual Board-approved
North Carolina ethics CPE course, and
had completed at least eight (8) hours
of non-self-study CPE to meet the 2008
year’s CPE requirement. Respondent
chose not to renew her certificate for
the 2010-2011 renewal period.
3. Based on Respondent’s representa-tion,
the Board accepted her renewal.
4. Board staff requested that Respon-dent
provide certificates of completion
for the CPE reported to meet her 2008
year’s CPE requirement.
5. Respondent did not provide any CPE
certificates of completion for 2008 as
the Board requested.
6. Respondent wishes to resolve this
matter by consent and agrees that the
Board staff and counsel may discuss
this Consent Order with the Board
ex parte, whether or not the Board ac-cepts
this Consent Order as written.
Respondent understands and agrees
that this Consent Order is subject to
review and approval by the Board
and is not effective until approved by
the Board at a duly constituted Board
Meeting.
BASED upon the foregoing, the
Board makes the following Conclusions
of Law:
1. Respondent is subject to the pro-visions
of Chapter 93 of the North
Carolina General Statutes and
Title 21, Chapter 08 of the North Caro-lina
Administrative Code (NCAC),
including the Rules of Professional
Ethics and Conduct promulgated and
adopted therein by the Board.
Respondent’s actions as set out above
constitute violations of 21 NCAC 08J
.0101(b), 08N .0202(a), .0202(b)(3),
.0202(b)(4), and .0203(b)(1).
BASED on the foregoing and in
lieu of further contested case proceed-ings,
the Board and Respondent agree
to the following:
1. By virtue of Respondent’s failure to
provide CPE documentation for 2008
and also due to her failure to renew her
certificate for the 2010-2011 renewal
period, Respondent’s certificate is
automatically forfeited pursuant to
N.C. Gen. Stat. §93-12(8b).
2. Respondent must return her cer-tificate
to the Board with this signed
Consent Order.
3. Respondent may apply for the reis-suance
of her certificate after one (1)
year from the date the Board approves
the Consent Order if Respondent’s cer-tificate
and the civil penalty required
in number five (5) of this Order have
been received by the Board.
4. Respondent may apply to return her
certificate to active status by submission
and approval of a reissuance applica-tion
which includes:
a. Application form,
b. Payment of the application fee,
c. Three (3) moral character affidavits,
and
d. Eighty (80) hours of CPE in the
twelve (12) months preceding the
application. Forty (40) hours of those
hours of CPE must be in a group-study
format, including the eight-hour Ac-countancy
Law course conducted by
the NCACPA.
5. Respondent shall pay a one thousand
dollar ($1,000.00) civil penalty, to be
remitted to the Board prior to submit-ting
any reissuance application.
6. Respondent agrees that failure to
timely comply with any terms of this
agreement and Consent Order shall be
deemed sufficient grounds for revoca-tion
of her license.
Deanna J. Peltz, #28651
Mills River, NC 05/21/2012
THIS CAUSE, coming before the Board
at its offices at 1101 Oberlin Road, Ra-leigh,
Wake County, North Carolina,
with a quorum present. Pursuant to
N.C. Gen. Stat. § 150B‑41, the Board
and Respondent stipulate the follow-ing
Findings:
1. Respondent is the holder of North
Carolina certificate number 28651 as a
Certified Public Accountant.
2. Respondent informed the Board on
her 2010-2011 individual certificate
renewal (“Renewal”) that she had
obtained twenty (20) hours of continu-ing
professional education (“CPE”),
at least two (2) of which were to have
been ethics courses, as required by the
State of Missouri, Respondent’s home
state of licensure, to meet the 2009 CPE
requirement.
3. Based on Respondent’s representa-tion,
the Board accepted her Renewal.
4. Board staff requested that Respon-dent
provide certificates of completion
for the CPE reported to meet her 2009
CPE requirement.
5. Respondent provided the CPE cer-tificates
of completion to the Board
as requested. However, Respondent
failed to provide the certificate or
certificates of completion needed to
document completion of nine (9) hours
of CPE that Respondent claimed she
earned between January 1, 2009, and
December 30, 2009, as was reported
on her Renewal.
6. Respondent wishes to resolve this
matter by consent and agrees that the
Board staff and counsel may discuss
this Consent Order with the Board
ex parte, whether or not the Board ac-cepts
this Consent Order as written.
Respondent understands and agrees
that this Consent Order is subject to
review and approval by the Board
and is not effective until approved by
the Board at a duly constituted Board
Meeting.
Peltz
continued on page 6
6
Peltz
continued from page 5
BASED upon the foregoing, the
Board makes the following Conclusions
of Law:
1. Respondent is subject to the pro-visions
of Chapter 93 of the North
Carolina General Statutes and
Title 21, Chapter 08 of the North Caro-lina
Administrative Code, including
the Rules of Professional Ethics and
Conduct promulgated and adopted
therein by the Board.
2. Respondent’s actions as set out
above constitute violations of 21 NCAC
08J .0101(b), 08N .0202(a), .0202(b)(3),
.0202(b)(4), and .0203(b)(1).
3. Per N.C. Gen. Stat. §93-12(9) and also
by virtue of Respondent’s consent to
this Order, Respondent is subject to
the discipline set forth below.
BASED on the foregoing and in
lieu of further proceedings, the Board
and Respondent agree to the follow-ing
Order:
1. Respondent’s failure to provide ad-equate
documentation of CPE renders
the Renewal insufficient and untimely.
Respondent’s failure to adequately
renew her certificate results in an auto-matic
forfeiture pursuant to N.C. Gen.
Stat. §93-12(15).
2. Respondent must return her cer-tificate
to the Board within thirty (30)
days of the Board’s approval of this
Consent Order.
3. Respondent may not apply for the
reinstatement of her certificate for at
least one (1) year from the date the
Board approves this Consent Order
and until the civil penalty required in
number five (5) of this Order has been
paid by Respondent.
4. Respondent may apply to return her
certificate to active status by submis-sion
and approval of a reinstatement
application which includes:
a. Application form,
b. Payment of the application fee,
c. Three (3) moral character affidavits,
and
d. Forty-nine (49) hours of CPE in the
twelve (12) months preceding the ap-plication,
including an eight (8) hour
accountancy law course as offered by
the North Carolina Association of CPAs
in a group study format.
5. Respondent shall pay a one thousand
dollar ($1,000.00) civil penalty to be
remitted to the Board prior to submit-ting
a reissuance application.
6. Respondent agrees that failure to
timely comply with any terms of this
agreement and Consent Order shall be
deemed sufficient grounds for revoca-tion
of her certificate.
Nathan T. Garrett, Jr., #21965
Durham, NC 05/21/2012
THIS CAUSE, coming before the Board
at its offices at 1101 Oberlin Road,
Raleigh, Wake County, North Carolina,
with a quorum present. Pursuant to
N.C. Gen. Stat. §150B‑41, the Board
and Respondent stipulate the follow-ing
Findings:
1. Respondent is the holder of North
Carolina certificate number 21965 as a
Certified Public Accountant.
2. Respondent informed the Board on
his 2010-2011 individual certificate
renewal (“Renewal”) that he had
obtained forty (40) hours of continu-ing
professional education (“CPE”),
had completed the annual ethics CPE
course, and had completed at least eight
(8) hours of non-self study CPE to meet
the 2009 CPE requirement.
3. Based on Respondent’s representa-tion,
the Board accepted his Renewal.
4. Board staff requested that Respon-dent
provide certificates of completion
for the CPE reported to meet his 2009
and 2010 CPE requirements.
5. Respondent provided CPE certifi-cates
of completion to the Board as re-quested.
However, Respondent failed
to provide the certificate or certificates
needed to document completion of six-teen
(16) hours of CPE that Respondent
claimed he earned between January 1,
2009, and June 30, 2010, as was reported
on his Renewal.
6. Respondent wishes to resolve this
matter by consent and agrees that the
Board staff and counsel may discuss
this Consent Order with the Board
ex parte, whether or not the Board ac-cepts
this Consent Order as written.
Respondent understands and agrees
that this Consent Order is subject to
review and approval by the Board
and is not effective until approved by
the Board at a duly constituted Board
Meeting.
BASED upon the foregoing, the
Board makes the following Conclusions
of Law:
1. Respondent is subject to the pro-visions
of Chapter 93 of the North
Carolina General Statutes and
Title 21, Chapter 08 of the North Caro-lina
Administrative Code including
the Rules of Professional Ethics and
Conduct promulgated and adopted
therein by the Board.
2. Respondent’s actions as set out
above constitute violations of 21 NCAC
08J .0101(b), 08N .0202(a), .0202(b)(3),
.0202(b)(4), and .0203(b)(1).
3. Per N.C. Gen. Stat. §93-12(9) and also
by virtue of Respondent’s consent to
this Order, Respondent is subject to
the discipline set forth below.
BASED on the foregoing and in
lieu of further proceedings, the Board
and Respondent agree to the follow-ing
Order:
1. Respondent’s failure to provide ad-equate
documentation of CPE renders
the Renewal insufficient and untimely.
Respondent’s failure to adequately
renew his certificate results in an auto-matic
forfeiture pursuant to N. C. Gen.
Stat. §93-12(8b).
2. Respondent must return his cer-tificate
to the Board within thirty (30)
days of the Board’s approval of this
Consent Order.
3. Respondent may not apply for the
reinstatement of his certificate for at
least one (1) year from the date the
Board approves this Consent Order
and until the civil penalty required in
number five (5) of this Order has been
paid by Respondent.
4. Respondent may apply to return his
certificate to active status by submis-
7
Moved or Changed
Jobs?
21 NCAC 08J .0107 requires all
licensees and firms to notify the
Board in writing within 30 days of
any change in address (including
telephone number or email address)
or business location.
Licensees and firms may make
address changes using the “Address
Update” link on the Board’s website,
www.nccpaboard.gov. Exam can-didates
may email address changes
to addresschange@nccpaboard.
gov; fax address changes to (919)
733-4209; or mail address changes
to PO Box 12827, Raleigh, NC 27605.
Reclassifications
Reinstatements
09/24/12 Jeffery Charles Bryan, #26991 High Point, NC
09/24/12 Terry Thomas Claiborne, #18849 Winston-Salem, NC
09/24/12 Anne Brown Jones, #13989 Cornelius. NC
09/24/12 Ryan Kessler Mulhearn, #28932 Raleigh, NC
09/24/12 Benjamin P. Rackley, II #34331 Daphne, AL
09/24/12 Sandra Stephens Russ, #29196 Lenoir, NC
09/24/12 John H. Wood, Jr., #22004 Stanley, NC
Reissuance
09/24/12 Andrew DeGregorio, #35932 Greensboro, NC
09/24/12 Debra Bollinger Wentz, #15325 Newton, NC
09/24/12 Kevin Michael McDonald, #24246 Atlanta, GA
sion and approval of a reinstatement
application which includes:
a. Application form,
b. Payment of the application fee,
c. Three (3) moral character affidavits,
and
d. Fifty-six (56) hours of CPE in the
twelve (12) months preceding the ap-plication
including an eight (8) hour
accountancy law course as offered by
the North Carolina Association of CPAs
in a group study format.
5. Respondent shall pay a one thousand
dollar ($1,000.00) civil penalty to be
remitted to the Board prior to submit-ting
a reissuance application.
6. Respondent agrees that failure to
timely comply with any terms of this
agreement and Consent Order shall be
deemed sufficient grounds for revoca-tion
of his certificate.
Certificates Issued
At its September 24, 2012, meeting, the Board approved the following indi-viduals
for licensure as North Carolina CPAs:
Oluwaseyi Bankole Adu
Jonathan Sherman Antonio
Jason Brian Baillargeon
Maureen Moloney Bair
Elena Vasilevna Baker
Tony Lee Brewer
Carol Lynn Burton
Andrew Thomas Castelloe
Di Chen
Allayna Lopossay Cockman
David Lyle Comer
Julie Ann Cooper
Julianne Elliott Cordon
Kimberly Anne Cornell
Karina Falcon
Hunter Rourke Alexander Fava
Kimberly Anne Fox
Elizabeth Garcia
Amber Lynn Gill
Jamal A. Gorrick
Asha Rashid Guta
Kristen LeAnne Harris
Samuel Hofmayer Hess
Myron Stefan Jacobs
Keturah Sharee June
Cason Brewer King
Bryan Carroll Lackey
Catherine Marie Lagasse
Thomas W. Lee
James Santino Leo
Michael Philip Lucisano
Stewart Charles Lynam
Joshua Lee Mitchell
Carly Maegan Murph
Phillip Edward Norriss
Luke James-Earl O’Rourke
Kristen Nicole Pannell
Kathleen Patricia Power
Abigail Lindsay Richards
Haley Marie Roberts
Daniel Shane Ryan
Jennifer Lynn Simon
Alicia Gail Smith
Alicia Shatora Smith
David Anthony Steele
Indre Stunzenas
Christopher Drew Swanson
William Phillip Taylor
Tomika Vonetta Thomas
Clinton Douglas Townsend
Wesley Jared Tyson
Maria Marcela Vega
Huimin Wang
Patrick Kabiro Wanyinyi
Amy Katherine Webb
Crystal Blackburn Wofford
Patrick Glenn Wright
Follow Us on Twitter
twitter.com/NCCPABoard
Like Us on Facebook
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Firm Renewal & Peer
Review Compliance
Information about annual firm reg-istration
renewal and peer review
compliance will be available in the
November Activity Review.
Online firm renewal will be
available in mid-November.
North Carolina State Board of
Certified Public Accountant Examiners
PO Box 12827
Raleigh NC 27605-2827
PRSRT STD
US Postage PAID
Greensboro, NC
Permit No. 821
Notice of Address Change
State Board of
CPA Examiners
Board Members
Jose R. Rodriguez, CPA
President, Winston-Salem
Wm. Hunter Cook, CPA
Vice President, Charlotte
Maria M. Lynch, Esq.
Secretary-Treasurer, Raleigh
Barton W. Baldwin, CPA
Member, Mount Olive
Miley “Bucky” Glover, CPA
Member, Monroe
Jordan C. Harris, Jr.
Member, Statesville
John M. Kledis, CPA
Member, Asheville
Staff
Executive Director
Robert N. Brooks
Deputy Director
J. Michael Barham, CPA
Deputy Director
David R. Nance, CPA
Staff Attorney
Frank X. Trainor, III
Legal Counsel
Noel L. Allen
Administrative Services
Felecia F. Ashe
Vanessia L. Willett
Communications
Lisa R. Hearne, Manager
Examinations
Phyllis W. Elliott
Licensing
Buck Winslow, Manager
Alice G. Steckenrider
Cammie Emery
Professional Standards
Ann J. Hinkle, Manager
Mary Beth Britt
Adrianne Trainor
Pursuant to 21 NCAC 08J .0107, all certificate holders and CPA firms must notify the Board in writing
within 30 days of any change in address or business location.
Full Name:
Certificate No.: Last 4 Digits of SSN:
Home Address:
City/State/Zip:
Home Phone: Home Fax:
Home Email:
Firm/Business Name:
Business Address:
City/State/Zip:
Business Phone: Business Fax:
Business Email:
Signature:
Date: Send mail to: Home Business
Mail form to: PO Box 12827, Raleigh, NC 27605
Fax form to: (919) 733-4209
Please Print Legibly
22,000 copies of this document were printed in October 2012 at an estimated cost of $4,146.00 or approximately 18¢ per copy.
Object Description
Description
| Title | Activity review |
| Date | 2012-10 |
| Description | No. 10 2012 (October) |
| Digital Characteristics-A | 608 KB; 8 p. |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_activityreviewnc201210.pdf |
| Full Text | Activity Review North Carolina State Board of Certified Public Accountant Examiners 1101 Oberlin Rd., Ste. 104 • PO Box 12827 • Raleigh, NC 27605 • 919-733-4222 • www.nccpaboard.gov • No. 10-2012 In This Issue 2012 Board Meetings.......................... 2 Cease & Desist Orders....................... 4 Certificates Issued.............................. 7 Disciplinary Actions.......................... 2 Elijah Watt Sells Awards................... 3 Reclassifications.................................. 7 Since 1985, the North Carolina State Bar (State Bar) has allowed lawyers to obtain an exemption from the random audit of trust accounts by having their trust accounts preemptively examined and reported on by a CPA. Although the policy remains in effect, it was recently revised based in part on concerns raised by CPAs and the State Board of CPA Examiners (the Board). A licensee expressed concern to the Board staff that the report required by the State Bar for exemption from the random audit of trust accounts was not in accordance with the standards for agreed-upon procedures engage-ments as set forth in the Statements on Standards for Attestation Engagements. After expressing those concerns to the State Bar staff and learning that the State Bar itself was concerned about the effectiveness of the examinations, the Board staff worked with the State Bar to create an agreed-upon procedures report that follows the standards, as well as an engagement letter to be used when auditing trust accounts. In addition to developing a report that is in accordance with standards, the State Bar included in the agreed-upon procedures report the requirement for the CPA to report all specific findings where the lawyer client failed to comply with the State Bar’s rules governing trust accounts. Adding that requirement provides the State Bar with more detail about trust account rule violations and allows the State Bar, not the CPA, to deter-mine the severity of the violations and whether further action is warranted. The State Bar will only accept agreed-upon procedures reports and no longer accepts opinion-type audit reports in conjunction with engage-ments performed on trust accounts when a lawyer is attempting to obtain an exemption from the Bar’s random audit requirements. State Bar Amends Procedures for Exemption from Random Audit of Trust Accounts A copy of the NC State Bar Jour-nal article, “North Carolina State Bar Amends Procedures for Exemption from Random Audit of Trust Accounts,” which explains the amended procedure in more detail, is posted on the Board’s website, www.nccpaboard.gov. Also available are copies of the required engagement letter, the re-quired agreed-upon procedures to be performed, and the required lawyer’s representation form for agreed-upon procedure engagements involving the lawyer’s trust accounts. Sample agreed-upon procedures reports are available on the forms page of the NC State Bar website, www. ncbar.gov/PDFs/11a.pdf. Please contact Peter Bolac, the State Bar’s Trust Account Compliance Counsel, at (919) 828-4620 or pbolac@ ncbar.gov with questions regarding the revised procedure and forms. Please contact the Board’s Deputy Director, J. Michael Barham, CPA, at (919) 733-4215 or mbarham@ nccpaboard.gov with questions about the Statements on Standards for At-testation Engagements as they apply to agreed-upon procedures engagements involving lawyer trust accounts. Exam Fees Effective October 20, 2012 Administrative Fees Initial Applicant $230.00 Re-exam Applicant $75.00 Exam Section Fees Auditing & Attestation (AUDIT) $190.35 Financial Accounting & Reporting (FAR) $190.35 Regulation (REG) $171.25 Business Environments & Concepts (BEC) $171.25 2 Disciplinary Actions 2012 Board Meetings November 26 December 17 Meetings are held at 1101 Oberlin Road, Raleigh, and begin at 10:00 a.m. Meetings of the Board are open to the public except, when under State law, some portions may be closed to the public. M. Dwayne Peeler, #26487 West Covina, CA 03/21/2012 THIS CAUSE, coming before the North Carolina State Board of CPA Examin-ers (Board) at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to N.C. Gen. Stat. §150B-41, the Board and Respondent stipulate to the following: 1. Respondent is the holder of North Carolina certificate number 26487 as a Certified Public Accountant. 2. Respondent informed the Board on his 2010-2011 individual certificate re-newal (renewal) that he had obtained forty-eight (48) hours of continuing professional education (CPE), had com-pleted the annual ethics CPE course, and had completed at least eight (8) hours of non-self-study CPE to meet the 2009 CPE requirement. 3. Based on Respondent’s representa-tion, the Board accepted his renewal. 4. Board staff requested that Respon-dent provide certificates of completion for the CPE reported to meet his 2009 CPE requirement. 5. Respondent provided the CPE cer-tificates of completion to the Board as requested. However, Respondent could not provide the certificate or certificates of completion needed to document the completion of thirteen (13) hours of the forty-eight (48) hours of CPE that Respondent claimed he earned between January 1, 2009, and June 30, 2010, as was reported on his renewal. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Consent Order with the Board ex parte, whether or not the Board ac-cepts this Consent Order as written. Respondent understands and agrees that this Consent Order is subject to review and approval by the Board and is not effective until approved by the Board at a duly constituted Board Meeting. BASED upon the foregoing, the Board makes the following Conclusions of Law: 1. Respondent is subject to the pro-visions of Chapter 93 of the North Carolina General Statutes and Title 21, Chapter 08 of the North Caro-lina Administrative Code (NCAC), including the Rules of Professional Ethics and Conduct promulgated and adopted therein by the Board. 2. Respondent’s actions as set out above constitute violations of 21 NCAC 08N .0202(a), .0202(b)(3), .0202(b)(4), and .0203(b)(1). 3. Per N.C. Gen. Stat. §93-12(9) and also by virtue of Respondent’s consent to this order, Respondent is subject to the discipline set forth below. BASED on the foregoing and in lieu of further proceedings, the Board and Respondent agree to the follow-ing Order: 1. Respondent’s application for renewal is deemed insufficient and untimely un-der N.C. Gen. Stat. §150B-3(a). Hence, his certificate is automatically forfeited pursuant to N.C. Gen. Stat. §93-12(8b). 2. Respondent must return his cer-tificate to the Board with this signed Consent Order. 3. Respondent may not apply for the reissuance of his certificate for at least one (1) year from the date the Board re-ceives Respondent’s forfeited certificate and until the civil penalty required in number five (5) of this Order has been paid by Respondent. 4. Respondent may apply to return his certificate to active status by submission and approval of a reissuance applica-tion which includes: a. Application form, b. Payment of the application fee, c. Three (3) moral character affidavits, and d. Fifty-three (53) hours of CPE, of which thirteen (13) of these hours shall be in the group-study format, in the twelve (12) months preceding the application. 5. Respondent shall pay a one thousand dollar ($1,000.00) civil penalty to be remitted to the Board within six (6) months of the date this signed Order is accepted by the Board. 6. Respondent agrees that failure to timely comply with any terms of this agreement and consent order shall be deemed sufficient grounds for revoca-tion of his license. Teresa L. Brenan, #34187 Raleigh, NC 04/24/2012 THIS CAUSE, coming before the North Carolina State Board of CPA Examin-ers (Board) at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pur-suant to N.C. Gen. Stat. §150B-41, the Board and Respondent stipulate to the following Findings: 1. Respondent is the holder of North Carolina certificate number 34187 as a Certified Public Accountant. 2. In June 2010, Respondent informed the Board on her 2010-2011 individual certificate renewal (renewal) that she had obtained forty (40) hours of con-tinuing professional education (CPE), had completed the annual ethics CPE course, and had completed at least eight (8) hours of non-self-study CPE to meet the 2009 CPE requirement. 3. Prior to submitting her renewal, Respondent requested an extension to complete her 2009 CPE requirements in 2010 without penalty. The Board dis-approved that request by letter dated April 27, 2010. 4. Based on Respondent’s representa-tion, the Board accepted her renewal. 5. In January 2011, Board staff requested that Respondent provide certificates of completion for the CPE reported to meet her 2009 CPE requirement. 6. Respondent provided the CPE cer-tificates of completion to the Board as 3 Disciplinary Actions continued on page 5 requested. Respondent acknowledged that she had only completed two (2) hours of CPE during the period be-tween January 1, 2009, and June 30, 2010, which was inconsistent with her 2010-2011 renewal. 7. Respondent was first issued her certificate in 2009. Accordingly, the 2009 year was the first one in which Respondent was required to complete mandatory CPE requirements. Simi-larly, 2010-2011 was the first time that Respondent had to report the manda-tory CPE requirements to renew her certificate. 8. When Respondent received the Board’s disapproval of her extension request in April 2010, the letter also included notification that she likely would be subject to a Letter of Warn-ing for her failure to timely complete the 2009 CPE requirements. Because of her inexperience with mandatory CPE and the corresponding reporting requirement at renewal, Respondent mistakenly believed at the time that the Letter of Warning resolved her 2009 CPE credit deficit and that she was no longer required to complete those hours. 9. Upon receipt of the Board’s letter that her 2009 and 2010 CPE credits were being audited, Respondent promptly contacted the Board, realized her inad-vertent mistake on the renewal form, explained it to the Board representative and acknowledged that she had not completed the required CPE credits for 2009 during that initial conversation. Respondent also subsequently inquired and received confirmation from the Board that she could continue using her CPA designation during the pendency of the Board’s audit of her CPE credits. 10. Respondent was not actively work-ing or practicing as a certified public accountant in 2009 and 2010, including after her renewal in June 2010 through December 2010. 11. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Consent Order with the Board ex parte, whether or not the Board ac-cepts this Consent Order as written. Respondent understands and agrees that this Consent Order is subject to review and approval by the Board and is not effective until approved by the Board at a duly constituted Board Meeting. BASED upon the foregoing, the Board makes the following Conclusions of Law: 1. Respondent is subject to the pro-visions of Chapter 93 of the North Carolina General Statutes and Title 21, Chapter 08 of the North Caro-lina Administrative Code (NCAC), including the Rules of Professional Ethics and Conduct promulgated and adopted therein by the Board. 2. When submitting her 2010-2011 re-newal, Respondent reasonably should have known that she was still required to complete the 2009 CPE requirements and the renewal related to those credits, notwithstanding the anticipated letter of warning. By submitting this renewal, she violated 21 NCAC 08N .0202(b)(3) and (4), which prohibit, among other things, representations that the CPA should have known had the capacity to deceive in regard to maintaining certification or reporting CPE credits. 3. Per N.C. Gen. Stat. §93-12(9) and also by virtue of Respondent’s consent to this order, Respondent is subject to the discipline set forth below. BASED on the foregoing and in lieu of further proceedings, the Board and Respondent agree to the follow-ing Order: 1. Respondent’s application for renewal is deemed insufficient and untimely un-der N.C. Gen. Stat. §150B-3(a). Hence, her certificate is automatically forfeited pursuant to N.C. Gen. Stat. §93-12(8b). 2. Respondent must return her cer-tificate to the Board with this signed Consent Order. 3. Respondent may not apply for the reissuance of her certificate for at least one year from the date the Board re-ceives Respondent’s forfeited certificate and until the civil penalty required in number five (5) of this Order has been paid by Respondent. 4. Respondent may apply to return her certificate to active status by submis-sion and approval of a reinstatement application which includes: a. Application form, b. Payment of the application fee, c. Three (3) moral character affidavits, and d. Seventy-eight (78) hours of CPE in the twelve (12) months preceding the application, thirty-eight (38) hours of which must be in a group study format, including an eight (8) hour accountancy law course as offered by the North Carolina Association of CPAs. 5. Respondent shall pay a one thousand dollar ($1,000.00) civil penalty to be remitted to the Board within six (6) months of the date this signed Order is accepted by the Board. 6. Respondent agrees that failure to timely comply with any terms of this agreement and consent order shall be deemed sufficient grounds for revoca-tion of her license. NC Exam Candidates Receive Elijah Watt Sells Awards The Board is pleased to announce that two North Carolina Exam candidates were named 2011 Elijah Watt Sells Award winners by the AICPA. Brittany Aloi, a graduate of Fur-man University who holds a Master of Accountancy from North Caro-lina State University, is currently employed with Reznick Group in Charlotte. She was licensed as a North Carolina CPA in August. Han Sun is a graduate of Sun Yat-sen University with a Bach-elor of Management and the Univer-sity of North Carolina at Chapel Hill with a Master of Accountancy. He is an employee of Pricewaterhouse- Coopers in Charlotte. The Sells Award is presented to candidates who obtain a cumulative average score above 95.50 across all four sections of the Exam, completed testing during the previous calendar year and passed all four sections of the Exam on their first attempt. More than 90,000 candidates sat for the Exam in 2011 and 37 qualified for the Sells Award. 4 Board Office Closed The Board office will be closed on the following dates: November 12, 2012 Veterans’ Day November 22-23, 2012 Thanksgiving December 24-26, 2012 Christmas Roselie McDevitt Mount Olive, NC To the Above-Named Respondent: WHEREAS, the North Carolina State Board of Certified Public Accountant Examiners (“Board”) is authorized by N.C. Gen. Stat. §93-12 (16) to enforce the provisions of the North Carolina Cer-tified Public Accountant Act through actions for injunctive relief regarding “a single violation” of this Chapter; WHEREAS, pursuant to N.C. Gen. Stat. §93-1, “A ‘certified public accountant’ is a person who holds a certificate as a certified public accountant issued under the provisions of this Chapter;” WHEREAS, pursuant to N.C. Gen. Stat. §93-3, “It shall be unlawful for any person who has not received a certificate of qualification or not been granted a practice privilege under GS 93-10 admitting the person to prac-tice as a certified public accountant to assume or use such a title, or to use any words, letters, abbreviations, symbols or other means of identification to in-dicate that the person using same has been admitted to practice as a certified public accountant;” WHEREAS, Respondent Roselie McDevitt (hereinafter “Respondent McDevitt”) is not now, nor has she ever been, licensed as a certified public accountant in North Carolina or oth-erwise authorized by the Board to use the CPA title in this State; WHEREAS, Respondent McDevitt is not actively licensed as a certified public accountant in any other known jurisdiction; and WHEREAS, Respondent McDevitt, while living and working in North Carolina, has held herself out as a certified public accountant as evinced in a letter dated March 19, 2012, and signed by Respondent McDevitt as “Roselie McDevitt, Sc.D., CPA” and by the Mount Olive College website, which identifies her as a “Certified Public Accountant.” THEREFORE, R e s p o n d e n t McDevitt is hereby notified and the North Carolina State Board of Certified Public Accountant Examiners demands that she immediately cease and desist from offering or using in any manner the title “CPA” or “Certified Public Accountant” in North Carolina unless and until Respondent McDevitt has been licensed as a CPA by the North Carolina State Board of Certified Public Accountant Examiners. North Carolina State Board of Certified Public Accountant Examiners BY: Frank X. Trainor, III, Board Staff Attorney DATE: 04/02/2012 In lieu of civil proceedings authorized by N.C. Gen. Stat. §93-12(16), the Board will accept Respondent’s consent to this Demand. Consented to: Roselie McDevitt DATE: 04/12/2012 Paul S. Taylor Huntersville, NC To the Above-Named Respondent: WHEREAS, the North Carolina State Board of Certified Public Accountant Examiners (“Board”) is authorized by N.C. Gen. Stat. §93-12(16) to enforce the provisions of the North Carolina Certified Public Accountant Act (“Act”) through actions for injunctive relief regarding “a single violation” of this Chapter; and, WHEREAS, in March 2010, Respondent Paul S. Taylor (“Respondent Taylor”) and his company Capital Advisory Group and Tax Planners of Lake Nor-man (“Capital Advisory Group”), were advised that they were in violation of N.C. Gen. Stat. §93-4 by placing adver-tisements that they provided offering to provide tax returns that were “CPA prepared and signed.” WHEREAS, on March 23, 2010, Re-spondent Taylor, through his attorney, “agreed to discontinue the use of the phrase ‘CPA prepared and signed,’ and any referenced to ‘CPA’….” WHEREAS, on or about March 16-22, 2012, Respondent Taylor placed an advertisement for Capital Advisory Group in The Herald Weekly, represent-ing “Complete Income Tax Preparation, CPA Prepared, Only $69….” WHEREAS, Respondent Taylor has already agreed in prior correspondence to refrain from making the representa-tions that are the subject matter of this demand and notice. THEREFORE, Respondent Taylor is hereby notified and the North Caro-lina State Board of Certified Public Accountant Examiners demands that he immediately cease and desist from advertising “CPA prepared” tax re-turns or otherwise referencing CPAs in the advertising for Capital Advisory Group. North Carolina State Board of Certified Public Accountant Examiners BY: Frank X. Trainor, III, Board Staff Attorney DATE: 03/26/2012 In lieu of civil proceedings authorized by N.C. Gen. Stat. §93-12(16), the Board will accept Respondent’s consent to this Demand. Consented to: Paul S. Taylor DATE: 03/29/2012 Notices of Apparent Violation and Demands to Cease and Desist 5 Disciplinary Actions continued from page 3 Alison Monroe, #24083 Durham, NC 04/24/2012 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to N.C. Gen. Stat. §150B-41, the Board and Respondent stipulate to the following: 1. Respondent was the holder of North Carolina certificate number 24083 as a Certified Public Accountant. 2. Respondent informed the Board on her 2009-2010 individual certificate renewal (renewal) that she had ob-tained forty (40) hours of continuing professional education (CPE), had completed an annual Board-approved North Carolina ethics CPE course, and had completed at least eight (8) hours of non-self-study CPE to meet the 2008 year’s CPE requirement. Respondent chose not to renew her certificate for the 2010-2011 renewal period. 3. Based on Respondent’s representa-tion, the Board accepted her renewal. 4. Board staff requested that Respon-dent provide certificates of completion for the CPE reported to meet her 2008 year’s CPE requirement. 5. Respondent did not provide any CPE certificates of completion for 2008 as the Board requested. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Consent Order with the Board ex parte, whether or not the Board ac-cepts this Consent Order as written. Respondent understands and agrees that this Consent Order is subject to review and approval by the Board and is not effective until approved by the Board at a duly constituted Board Meeting. BASED upon the foregoing, the Board makes the following Conclusions of Law: 1. Respondent is subject to the pro-visions of Chapter 93 of the North Carolina General Statutes and Title 21, Chapter 08 of the North Caro-lina Administrative Code (NCAC), including the Rules of Professional Ethics and Conduct promulgated and adopted therein by the Board. Respondent’s actions as set out above constitute violations of 21 NCAC 08J .0101(b), 08N .0202(a), .0202(b)(3), .0202(b)(4), and .0203(b)(1). BASED on the foregoing and in lieu of further contested case proceed-ings, the Board and Respondent agree to the following: 1. By virtue of Respondent’s failure to provide CPE documentation for 2008 and also due to her failure to renew her certificate for the 2010-2011 renewal period, Respondent’s certificate is automatically forfeited pursuant to N.C. Gen. Stat. §93-12(8b). 2. Respondent must return her cer-tificate to the Board with this signed Consent Order. 3. Respondent may apply for the reis-suance of her certificate after one (1) year from the date the Board approves the Consent Order if Respondent’s cer-tificate and the civil penalty required in number five (5) of this Order have been received by the Board. 4. Respondent may apply to return her certificate to active status by submission and approval of a reissuance applica-tion which includes: a. Application form, b. Payment of the application fee, c. Three (3) moral character affidavits, and d. Eighty (80) hours of CPE in the twelve (12) months preceding the application. Forty (40) hours of those hours of CPE must be in a group-study format, including the eight-hour Ac-countancy Law course conducted by the NCACPA. 5. Respondent shall pay a one thousand dollar ($1,000.00) civil penalty, to be remitted to the Board prior to submit-ting any reissuance application. 6. Respondent agrees that failure to timely comply with any terms of this agreement and Consent Order shall be deemed sufficient grounds for revoca-tion of her license. Deanna J. Peltz, #28651 Mills River, NC 05/21/2012 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Ra-leigh, Wake County, North Carolina, with a quorum present. Pursuant to N.C. Gen. Stat. § 150B‑41, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent is the holder of North Carolina certificate number 28651 as a Certified Public Accountant. 2. Respondent informed the Board on her 2010-2011 individual certificate renewal (“Renewal”) that she had obtained twenty (20) hours of continu-ing professional education (“CPE”), at least two (2) of which were to have been ethics courses, as required by the State of Missouri, Respondent’s home state of licensure, to meet the 2009 CPE requirement. 3. Based on Respondent’s representa-tion, the Board accepted her Renewal. 4. Board staff requested that Respon-dent provide certificates of completion for the CPE reported to meet her 2009 CPE requirement. 5. Respondent provided the CPE cer-tificates of completion to the Board as requested. However, Respondent failed to provide the certificate or certificates of completion needed to document completion of nine (9) hours of CPE that Respondent claimed she earned between January 1, 2009, and December 30, 2009, as was reported on her Renewal. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Consent Order with the Board ex parte, whether or not the Board ac-cepts this Consent Order as written. Respondent understands and agrees that this Consent Order is subject to review and approval by the Board and is not effective until approved by the Board at a duly constituted Board Meeting. Peltz continued on page 6 6 Peltz continued from page 5 BASED upon the foregoing, the Board makes the following Conclusions of Law: 1. Respondent is subject to the pro-visions of Chapter 93 of the North Carolina General Statutes and Title 21, Chapter 08 of the North Caro-lina Administrative Code, including the Rules of Professional Ethics and Conduct promulgated and adopted therein by the Board. 2. Respondent’s actions as set out above constitute violations of 21 NCAC 08J .0101(b), 08N .0202(a), .0202(b)(3), .0202(b)(4), and .0203(b)(1). 3. Per N.C. Gen. Stat. §93-12(9) and also by virtue of Respondent’s consent to this Order, Respondent is subject to the discipline set forth below. BASED on the foregoing and in lieu of further proceedings, the Board and Respondent agree to the follow-ing Order: 1. Respondent’s failure to provide ad-equate documentation of CPE renders the Renewal insufficient and untimely. Respondent’s failure to adequately renew her certificate results in an auto-matic forfeiture pursuant to N.C. Gen. Stat. §93-12(15). 2. Respondent must return her cer-tificate to the Board within thirty (30) days of the Board’s approval of this Consent Order. 3. Respondent may not apply for the reinstatement of her certificate for at least one (1) year from the date the Board approves this Consent Order and until the civil penalty required in number five (5) of this Order has been paid by Respondent. 4. Respondent may apply to return her certificate to active status by submis-sion and approval of a reinstatement application which includes: a. Application form, b. Payment of the application fee, c. Three (3) moral character affidavits, and d. Forty-nine (49) hours of CPE in the twelve (12) months preceding the ap-plication, including an eight (8) hour accountancy law course as offered by the North Carolina Association of CPAs in a group study format. 5. Respondent shall pay a one thousand dollar ($1,000.00) civil penalty to be remitted to the Board prior to submit-ting a reissuance application. 6. Respondent agrees that failure to timely comply with any terms of this agreement and Consent Order shall be deemed sufficient grounds for revoca-tion of her certificate. Nathan T. Garrett, Jr., #21965 Durham, NC 05/21/2012 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to N.C. Gen. Stat. §150B‑41, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent is the holder of North Carolina certificate number 21965 as a Certified Public Accountant. 2. Respondent informed the Board on his 2010-2011 individual certificate renewal (“Renewal”) that he had obtained forty (40) hours of continu-ing professional education (“CPE”), had completed the annual ethics CPE course, and had completed at least eight (8) hours of non-self study CPE to meet the 2009 CPE requirement. 3. Based on Respondent’s representa-tion, the Board accepted his Renewal. 4. Board staff requested that Respon-dent provide certificates of completion for the CPE reported to meet his 2009 and 2010 CPE requirements. 5. Respondent provided CPE certifi-cates of completion to the Board as re-quested. However, Respondent failed to provide the certificate or certificates needed to document completion of six-teen (16) hours of CPE that Respondent claimed he earned between January 1, 2009, and June 30, 2010, as was reported on his Renewal. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Consent Order with the Board ex parte, whether or not the Board ac-cepts this Consent Order as written. Respondent understands and agrees that this Consent Order is subject to review and approval by the Board and is not effective until approved by the Board at a duly constituted Board Meeting. BASED upon the foregoing, the Board makes the following Conclusions of Law: 1. Respondent is subject to the pro-visions of Chapter 93 of the North Carolina General Statutes and Title 21, Chapter 08 of the North Caro-lina Administrative Code including the Rules of Professional Ethics and Conduct promulgated and adopted therein by the Board. 2. Respondent’s actions as set out above constitute violations of 21 NCAC 08J .0101(b), 08N .0202(a), .0202(b)(3), .0202(b)(4), and .0203(b)(1). 3. Per N.C. Gen. Stat. §93-12(9) and also by virtue of Respondent’s consent to this Order, Respondent is subject to the discipline set forth below. BASED on the foregoing and in lieu of further proceedings, the Board and Respondent agree to the follow-ing Order: 1. Respondent’s failure to provide ad-equate documentation of CPE renders the Renewal insufficient and untimely. Respondent’s failure to adequately renew his certificate results in an auto-matic forfeiture pursuant to N. C. Gen. Stat. §93-12(8b). 2. Respondent must return his cer-tificate to the Board within thirty (30) days of the Board’s approval of this Consent Order. 3. Respondent may not apply for the reinstatement of his certificate for at least one (1) year from the date the Board approves this Consent Order and until the civil penalty required in number five (5) of this Order has been paid by Respondent. 4. Respondent may apply to return his certificate to active status by submis- 7 Moved or Changed Jobs? 21 NCAC 08J .0107 requires all licensees and firms to notify the Board in writing within 30 days of any change in address (including telephone number or email address) or business location. Licensees and firms may make address changes using the “Address Update” link on the Board’s website, www.nccpaboard.gov. Exam can-didates may email address changes to addresschange@nccpaboard. gov; fax address changes to (919) 733-4209; or mail address changes to PO Box 12827, Raleigh, NC 27605. Reclassifications Reinstatements 09/24/12 Jeffery Charles Bryan, #26991 High Point, NC 09/24/12 Terry Thomas Claiborne, #18849 Winston-Salem, NC 09/24/12 Anne Brown Jones, #13989 Cornelius. NC 09/24/12 Ryan Kessler Mulhearn, #28932 Raleigh, NC 09/24/12 Benjamin P. Rackley, II #34331 Daphne, AL 09/24/12 Sandra Stephens Russ, #29196 Lenoir, NC 09/24/12 John H. Wood, Jr., #22004 Stanley, NC Reissuance 09/24/12 Andrew DeGregorio, #35932 Greensboro, NC 09/24/12 Debra Bollinger Wentz, #15325 Newton, NC 09/24/12 Kevin Michael McDonald, #24246 Atlanta, GA sion and approval of a reinstatement application which includes: a. Application form, b. Payment of the application fee, c. Three (3) moral character affidavits, and d. Fifty-six (56) hours of CPE in the twelve (12) months preceding the ap-plication including an eight (8) hour accountancy law course as offered by the North Carolina Association of CPAs in a group study format. 5. Respondent shall pay a one thousand dollar ($1,000.00) civil penalty to be remitted to the Board prior to submit-ting a reissuance application. 6. Respondent agrees that failure to timely comply with any terms of this agreement and Consent Order shall be deemed sufficient grounds for revoca-tion of his certificate. Certificates Issued At its September 24, 2012, meeting, the Board approved the following indi-viduals for licensure as North Carolina CPAs: Oluwaseyi Bankole Adu Jonathan Sherman Antonio Jason Brian Baillargeon Maureen Moloney Bair Elena Vasilevna Baker Tony Lee Brewer Carol Lynn Burton Andrew Thomas Castelloe Di Chen Allayna Lopossay Cockman David Lyle Comer Julie Ann Cooper Julianne Elliott Cordon Kimberly Anne Cornell Karina Falcon Hunter Rourke Alexander Fava Kimberly Anne Fox Elizabeth Garcia Amber Lynn Gill Jamal A. Gorrick Asha Rashid Guta Kristen LeAnne Harris Samuel Hofmayer Hess Myron Stefan Jacobs Keturah Sharee June Cason Brewer King Bryan Carroll Lackey Catherine Marie Lagasse Thomas W. Lee James Santino Leo Michael Philip Lucisano Stewart Charles Lynam Joshua Lee Mitchell Carly Maegan Murph Phillip Edward Norriss Luke James-Earl O’Rourke Kristen Nicole Pannell Kathleen Patricia Power Abigail Lindsay Richards Haley Marie Roberts Daniel Shane Ryan Jennifer Lynn Simon Alicia Gail Smith Alicia Shatora Smith David Anthony Steele Indre Stunzenas Christopher Drew Swanson William Phillip Taylor Tomika Vonetta Thomas Clinton Douglas Townsend Wesley Jared Tyson Maria Marcela Vega Huimin Wang Patrick Kabiro Wanyinyi Amy Katherine Webb Crystal Blackburn Wofford Patrick Glenn Wright Follow Us on Twitter twitter.com/NCCPABoard Like Us on Facebook facebook.com/NCCPABoard Firm Renewal & Peer Review Compliance Information about annual firm reg-istration renewal and peer review compliance will be available in the November Activity Review. Online firm renewal will be available in mid-November. North Carolina State Board of Certified Public Accountant Examiners PO Box 12827 Raleigh NC 27605-2827 PRSRT STD US Postage PAID Greensboro, NC Permit No. 821 Notice of Address Change State Board of CPA Examiners Board Members Jose R. Rodriguez, CPA President, Winston-Salem Wm. Hunter Cook, CPA Vice President, Charlotte Maria M. Lynch, Esq. Secretary-Treasurer, Raleigh Barton W. Baldwin, CPA Member, Mount Olive Miley “Bucky” Glover, CPA Member, Monroe Jordan C. Harris, Jr. Member, Statesville John M. Kledis, CPA Member, Asheville Staff Executive Director Robert N. Brooks Deputy Director J. Michael Barham, CPA Deputy Director David R. Nance, CPA Staff Attorney Frank X. Trainor, III Legal Counsel Noel L. Allen Administrative Services Felecia F. Ashe Vanessia L. Willett Communications Lisa R. Hearne, Manager Examinations Phyllis W. Elliott Licensing Buck Winslow, Manager Alice G. Steckenrider Cammie Emery Professional Standards Ann J. Hinkle, Manager Mary Beth Britt Adrianne Trainor Pursuant to 21 NCAC 08J .0107, all certificate holders and CPA firms must notify the Board in writing within 30 days of any change in address or business location. Full Name: Certificate No.: Last 4 Digits of SSN: Home Address: City/State/Zip: Home Phone: Home Fax: Home Email: Firm/Business Name: Business Address: City/State/Zip: Business Phone: Business Fax: Business Email: Signature: Date: Send mail to: Home Business Mail form to: PO Box 12827, Raleigh, NC 27605 Fax form to: (919) 733-4209 Please Print Legibly 22,000 copies of this document were printed in October 2012 at an estimated cost of $4,146.00 or approximately 18¢ per copy. |
| OCLC number | 20740890 |
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