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Activity Review North Carolina State Board of Certified Public Accountant Examiners 1101 Oberlin Road, Suite 104 • PO Box 12827 • Raleigh, NC 27605 • ( 919) 733- 4222 • No. 5- 2004 Inside this issue... 2004 Board Meetings ........................ 4 Certificates Issued ............................. 3 Cheating on the Exam ....................... 4 Client Records .................................... 5 Disciplinary Actions ..................... 2, 5 Exam Issues ....................................... 7 Guthrie Awards................................. 6 Inactive Status .................................... 7 Notice of Address Change ............... 8 On- Line IRS Tool ............................... 6 Reclassifications ................................ 4 www. cpaboard. state. nc. us The North Carolina State Board of CPA Examiners regards a CPA firm’s web site as a form of advertising and as such, a firm’s web site must comply with the Board’s rules, including 21 NCAC 8N .0306, Advertising or Other Forms of Solicitation. 21 NCAC 8N .0306( d), which spe-cifically addresses Internet advertising, mandates that in addition to including the CPA business or CPA firm name, a CPA firm web site must also include the principal place of business, the business phone number, the individual North Carolina certificate number for each CPA listed on the web site, and must specify North Carolina as the state of certifica-tion. Pursuant to 21 NCAC 8N .0306( c), a CPA firm can offer to perform or adver-tise professional services only in the exact name of the CPA firm as registered with the Board. Therefore, if your firm is registered with the Board as Smith & Jones, LLP, your firm web site must list the firm name as Smith & Jones, LLP, not Smith & Jones or Smith & Jones, CPAs, etc. As with all other forms of advertis-ing, a firm web site should contain mean-ingful information that is not mislead-ing or deceptive to consumers. For example, qualitative or quanti-tative terms, such as “ expert,” “ special-ist,” “ reasonable,” or “ affordable” should not be used because what you consider reasonable or affordable may not be reasonable or affordable to some-one else. Your Firm’s Web Site: Does It Comply with the Board’s Rules? However, the Board does permit the use of terms such as “ specializing in” or “ specialization” in firm advertising, including web sites. Although a CPA may advertise the nature of services provided to clients, the CPA cannot advertise or indicate a des-ignation or other title unless the CPA has met the requirements of the granting organization for the separate title or des-ignation and he or she is currently on active status and in good standing with the granting organization for the sepa-rate title or designation. [ NOTE: The Board does not approve or authorize designations or separate titles and the use of such designations is for public information purposes only.] Although the Board allows a CPA firm, on its web site, to provide a descrip-tion of a CPA’s position within the firm or his or her professional experience, the Board limits the information that can be provided on unlicensed staff. In a December 2001, Declaratory Ruling ( Activity Review No. 4- 2002), the Board concluded that unlicensed staff, if listed on the firm’s web site, must be listed in a separate section from the li-censed staff. In addition, that section must be clearly titled in such a way that the public will not be misled into believing that those staff members are licensed by this Board or otherwise authorized to render professional services without the supervision of an individual licensed by the Board. In regards to an unlicensed staff member, the Board ruled that on the firm’s web site, a firm can only include the unlicensed staff member’s name, his or her position title, the firm’s business address, and the staff member’s tele-phone number, fax number, and e- mail address. However, résumé- type information for an unlicensed staff member cannot be included on the firm’s web site. If your firm has a web site or is developing a web site, it is important to ensure that your web site is in compli-ance with the Board’s rules and guid-ance on advertising. Remember, the profession and the public are best served when CPA firms and individual CPAs take the appropri-ate steps to ensure that the public is not confused or misled by a CPA’s advertis-ing. Joel Moran Wilson, # 24462 Denver, NC 04/ 19/ 04 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 NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent was the holder of North Carolina certificate number 24462 as a Certified Public Accountant. 2. A Bill of Information ( Exhibit 1) was issued charging that, during the period Title 18, United States Code, Sections 2314 and 2.” 5. In a Plea Agreement ( Exhibit 2) signed by Respondent on October 24, 2003, Respondent agreed “ to enter a volun-tary plea of guilty to Counts One and Two as set forth in the Bill of Informa-tion....” 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, and .0204( b). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Peter Richard Gray, is hereby perma-nently revoked. 2 Theodore E. Peterson, Jr., # 3979 Charlotte, NC 04/ 19/ 04 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent was the holder of North Carolina certificate number 3979 as a Certified Public Accountant. 2. On August 26, 2003, Respondent was indicted on eight ( 8) counts alleging that he falsified accounting reports sent to the United States Department of Hous-ing and Urban Development ( HUD) ( Exhibit 1). 3. On January 9, 2004, pursuant to a plea agreement, Respondent pleaded guilty to one count of making a false statement in violation of 18 U. S. C. § 1001 ( Exhibit 2). More specifically, Respon-dent knowingly and willfully made false and fraudulent statements in that he issued and signed, as a certified public accountant, an audit opinion letter in which he stated that he had conducted the audit in accordance with Govern-ment Auditing Standards (“ GAGAS”) when Respondent knew that his CPA certificate had earlier been suspended by this Board and further knew that he had not conducted the audit in accor-dance with relevant standards and guidelines. 4. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, .0204, .0209, .0403, and .0405. BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Theodore E. Peterson, Jr., is hereby per-manently revoked. Disciplinary Actions Peter Richard Gray, # 23993 Troutman, NC 04/ 19/ 04 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the following Findings: 1. Respondent is the holder of North Carolina certificate number 23993 as a Certified Public Accountant. 2. A Bill of Information ( Exhibit 1) was issued charging that, between December of 1998 and July of 2003, Re-spondent had embezzled approxi-mately $ 746,000.00 from his employer while serving as the company’s Con-troller. 3. Count One of the Bill of Information alleged that Respondent “... made, ut-tered, and possessed forged a security, to wit check # 18890 in the amount of approximately $ 7,424.82, of an organi-zation, which operated in and the ac-tivities of which affected interstate com-merce, with intent to deceive other per-sons and organizations, all in violation of Title 18, United States Code, Sections 513 ( a) and 2.” 4. Count Two of the Bill of Information alleged that Respondent “... transported, transmitted, and transferred and caused to be transported, transmitted, and trans-ferred in interstate commerce securities and money of the value of $ 5,000 or more, to wit check # 18890 in the amount of approximately $ 7,424.82, knowing the same to have been stolen, converted, and taken by fraud, all in violation of 3 Respondent agreed not to perform any accounting services except to wind up, under the supervision of a duly licensed CPA, current services being provided to clients. Respondent also agreed not to seek the reinstatement of his certificate “... until the completion of any period of supervised release imposed by the Dis-trict Court as a result of his plea of guilty.” 6. On or about March 4, 2004, Respon-dent contacted Board staff to inform the Board of the charges against him and of his plea agreement. Respondent dis-cussed the surrender of his certificate and possible Board actions which may be taken in response to the charges and guilty plea. 7. On March 8, 2004, the Board received Respondent’s letter dated March 4, 2004, Respondent’s surrendered CPA certifi-cate, a copy of the Bill of Information, and a copy of the Plea Agreement. 8. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: Certificates Issued At its April 19, 2004, meeting, the Board approved the following applications for certification: Laura P. Abbondanza Charles Everett Barlow David A. Bartley Shaun Martin Bawden Jane Cook Benson Paul John Brenan Arthur Brickman Susan Margaret Brim Melissa D. Brown John Raymond Burlinson Huiping Chen Trisha Ramsey Cody Ray Edward Crouse, Jr. Joseph Michael Galante Matthew Spencer Hewes David Austin Jakeman Debra Ann Jett Heather Leigh Jewell Chasity Michelle Johnson Deborah Lynn Kaufman William R. Kavanaugh Kimberly A. Kelley Wayne Alexander Martin Marisa Dorothea Matthews Kimberly Jean Medlin Jimmie Russell Mincey Mary Helen Nance Michael Paul Nickolas Tricia M. Oles Susan Edmonds Palmer Susan Scott Pierce Tiesha Simone Pope Brian Patrick Regan Steven Jon Shropshire Rebecca Anne Slattery Deborah A. Smink Craig Steven Smith Leslie Fraser Staples Steven O. Swyers Thomas Britt Taylor Lisa Lynn Thompson Anna Worley Townsend Thu Thuy Tran Elizabeth Carver Warren Jennifer Wilson Yaudes from August of 1994 through December of 2000, Respondent and codefendants “ did unlawfully, willfully, and know-ingly conspire, confederate, and agree together and with each other and with other individuals, both known and un-known to the United States Attorney, to defraud the United States for the pur-pose of impeding, impairing, obstruct-ing, and defeating the lawful Govern-ment functions of the Internal Revenue Service of the Treasury Department in the ascertainment, computation, assess-ment, and collection of the revenue: to wit, income taxes, and during the course of the conspiracy did commit one or more overt acts….” 3. In a February 27, 2004, Plea Agree-ment ( Exhibit 2), Respondent agreed “ to enter a voluntary plea of guilty to Count One as set forth in the Bill of Informa-tion....” 4. In said Plea Agreement, Respondent agreed to pay full restitution and to cooperate with the United States Gov-ernment in its prosecution of other re-lated parties. 5. Said Plea Agreement also required that, within ten ( 10) days of the entry of his plea, Respondent inform “ any li-censing authorities” of the charges against him and of his plea. Further, 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, and .0204( b). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Joel M. Wilson, is hereby permanently revoked. Comments If you have questions or comments regarding the Activity Review, please contact the Board’s Executive Direc-tor, Robert N. Brooks, by telephone at ( 919) 733- 1425 or by e- mail at rnbrooks@ bellsouth. net. 4 Reclassifications Reissuance 04/ 19/ 04 Ann W. Bemis, # 11983 Reinstatement 04/ 19/ 04 Michelle Gero Ellsworth, # 28401 David Joseph Piscorik, # 28006 Patti Darlene Davis Royster, # 24374 Fernanda Simone Tiu, # 21646 Sarah Ann Zinzer, # 29664 Retired 04/ 19/ 04 “ Retired,” when used to refer to the status of a person, describes one pos-sessing a North Carolina certificate of qualification who verifies to the Board that the applicant does not receive, or intend to receive in the future, any earned compensation for current personal services in any job whatsoever and will not return to active status [ 21 NCAC 8A .0301( b)( 23)]. Teresa M. Ameen, # 9459 New Canaan, CT Thomas L. Meyn, # 15197 Bristol, IN William H. Starnes, Jr., # 21708 Knoxville, TN The North Carolina State Board of CPA Examiners, the National Association of State Boards of Accountancy ( NASBA), the American Institute of CPAs ( AICPA), and Prometric Test Centers regard can-didate misconduct, including cheating, on the Uniform CPA Examination very seriously. The Board, NASBA, the AICPA, and Prometric use a variety of procedures to prevent candidate misconduct and cheating on the Exam. Prometric Test Center Administra-tors are trained to watch for unusual behavior and incidents during the Exam and all Exam sessions are audio/ video-taped to document the occurrence of any unusual activity. In addition, unusual activity and candidate misconduct is reported to the Board on a daily basis. If the Prometric Test Center staff suspects candidate misconduct, a warn-ing will be given to the candidate for any of the following situations: • Communicating, orally or other-wise, with another candidate or person; • Copying from or looking at an-other candidate’s materials or worksta-tion; • Allowing another candidate to copy from or look at materials or work-station; • Giving or receiving assistance in answering Exam questions or problems; • Reading Exam questions or simu-lations aloud; and • Engaging in conduct that inter-feres with the administration of the Exam or unnecessarily disturbs other candidates or the test center staff. Grounds for confiscation of a pro-hibited item and warning the candidate include: • Possession of a prohibited item ( whether or not in use) inside, or while entering or exiting, the testing room; and • Using, during a break, any pro-hibited item in a manner that could result in cheating or the removal of Exam questions and simulations. ( For a list of prohibited items, please refer to the AICPA’s Candidate Bulletin.) If a candidate engages in miscon-duct or does not follow the test center regulations, the test center staff may dismiss that candidate from the Exam and the Board may cancel that candidate’s score. The following are examples of be-havior that will not be tolerated during the Exam: • Repeated act of misconduct after receiving warning( s) from test center staff; • Attempting to remove or remov-ing, by any means, Exam questions from the testing room; • Copying, writing, or summariz-ing Exam questions or simulations on any material other than the scratch pa-per issued by the test center staff; • Tampering with computer soft-ware or hardware or attempting to use the computer for any reason other than completing the Exam session; • Intentional refusal or failure to comply with instructions of the test cen-ter staff; • Attempting to have an imperson-ator gain admission to the testing room or substitute for a candidate after a break; and • Conduct that may threaten bodily harm or damage to property. If the Board determines that a can-didate has cheated on the Exam, the candidate will be subject to a variety or penalties including, but not limited to, invalidation of grades, disqualification from subsequent Exam administrations, and civil or criminal penalties. In cases where cheating is discov-ered after an individual has received his or her CPA certificate, the Board may permanently revoke the certificate. Candidate Misconduct and Cheating on the Uniform CPA Examination June 22 July 15* August 23 September 20 October 25 November 22 December 20 Meetings of the Board are open to the public except when, under State law, some portions are closed to the pub-lic. Unless otherwise noted, meetings are held at the Board office in Raleigh and begin at 10: 00 a. m. * Greensboro 2004 Board Meetings sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 8b), and 93- 12( 9) e and 21 NCAC 8J .0101( b)( 2), and 8N .0203( b)( 1). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. Since Respondent did not have suffi-cient CPE for renewal at the time he submitted his erroneous certificate re-newal, Respondent’s application for renewal is insufficient and untimely under NCGS 150B- 3( a) and his certifi-cate is automatically forfeited pursuant to NCGS 93- 12( 8b). 2. Respondent must return his forfeited certificate to the Board with this signed Consent Order. 3. Respondent may apply for reinstate-ment of his certificate to active status thirty ( 30) days from the date this Order is approved by the Board. 4. The application to return his certifi-cate to active status shall include: a. Application form, b. Payment of the application fee, c. Three ( 3) moral character affidavits, and d. Forty ( 40) hours of CPE in the twelve ( 12) months preceding the application including an eight ( 8) hour accountancy law course provided in a group study format by the North Carolina Associa-tion of CPAs ( NCACPA). 5. Respondent must obtain, within nine ( 9) months of the date this Order is ap-proved by the Board, twenty ( 20) CPE credit hours over and above the annual forty CPE credit hours requirement and this additional CPE cannot be used for either reinstatement or renewal. 5 Pursuant to 21 NCAC 8N .0305, Retention of Client Records, a CPA must return client records in his or her possession to the client after a de-mand for the return of the records is made. If the client is a partnership, records must be returned, upon re-quest, to any of the general partners. If the client is a corporation, the records must be returned, upon de-mand, to the president. Joint records must be made avail-able, upon demand, by any party. Upon demand, client records must be returned immediately un-less there are reasonable circum-stances that would delay the return of the records. For example, a delay may be re-quired to retrieve a closed file from storage or to extract the CPA’s work-ing papers. If the records cannot be returned immediately upon demand, the CPA must notify the client of the exact date that the records will be returned. Under no circumstances should a CPA refuse to return client records in order to force payment for services provided. Work papers are generally the property of the CPA and need not be surrendered to the client. However, some work papers may contain data which should be re-flected in the client’s books and records, but have not been duplicated nor provided to the client. Therefore, the client’s records are incomplete without these records. In such cases, the work papers that contain this information are con-sidered part of the client’s records and copies should be given to the client along with any other client records. Please consult 21 NCAC 8N .0305 for more complete informa-tion about CPA work papers and the return of client records. Return of Client Records Christopher Mandaleris, # 17304 Greensboro, NC 04/ 19/ 04 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 NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent is the holder of North Carolina certificate number 17304 as a Certified Public Accountant. 2. Respondent represented to the Board on his 2003- 2004 individual certificate renewal that he had obtained thirty- one ( 31) hours of continuing professional education ( CPE) in 2002, in addition to twenty ( 20) carry- forward hours. 3. While he was completing his plans for completing 2003 CPE on Friday, September 12, 2003, Respondent dis-covered that he had misread the CPE report from his former employer and had actually completed only fifteen ( 15) hours of CPE during 2002, in addition to twenty ( 20) carry- forward hours, leav-ing him five ( 5) hours short of the forty ( 40) hour requirement to renew his CPA certificate for 2003- 2004. 4. On Monday, September 15, 2003, Respondent drove to Raleigh and re-ported the error to a Board representa-tive in person. He followed up that visit with a letter of September 17, 2003, to the Board explaining the error and the cir-cumstances of the error. 5. There is no evidence to indicate that Respondent intentionally committed any deception or willfully violated any Board rule. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi- Disciplinary Action 6 The North Carolina State Board of CPA Examiners is pleased to announce that initial candidates Toshio Osaka, Seldon E. Patty, and Anne M. Latour are the recipients of the November 2003 Katharine Guthrie Memorial Awards. The Guthrie Awards, which are named for a former executive director of the Board, are the semiannual awards presented by the North Carolina Asso-ciation of CPAs ( NCACPA) to the North Carolina candidates with the top three overall scores on the pencil- and- paper Uniform CPA Examination. To be eligible for the awards, a can-didate must sit for all four parts of the Exam and must attain a score of at least 80 on each section of the Exam. As North Carolina’s candidate with the highest overall score on the Novem-ber 2003 Exam, Toshio Osaka of Concord, is the recipient of the Gold Guthrie Award. In addition to being named North Carolina’s highest scoring candidate on the November 2003 Exam, Osaka has been named to the AICPA’s Candidate High Distinction Report which lists the 120 top- ranking Exam candidates na-tionally for each administration of the pencil- and- paper Exam. Osaka, who is an Associate with PricewaterhouseCoopers, LLP, in Char-lotte, received a Bachelor of Science in Accounting from UNC- Charlotte in 2003. Osaka also holds a Master of Busi-ness Administration ( 1990) from Duke University and a Bachelor of Arts in Political Science ( 1983) from Waseda University in Tokyo. As an undergraduate at UNC- Char-lotte, Osaka was a member of the Belk College of Business Administration Tax Challenge team that advanced to the final round of the 2002 Deloitte & Tou-che Tax Challenge, a national case study competition for tax students. Seldon E. Patty of Greensboro is North Carolina’s second- highest scor-ing candidate on the November 2003 Exam and the recipient of the Silver Guthrie Award. Patty, who received a Bachelor of Science in Business Administration from UNC- Chapel Hill in 1966 and a Juris Doctorate from UNC- Chapel Hill in 1968, began taking accounting courses at Guilford College in 2002 to prepare for the Exam. Now a consultant with Bernard Robison & Company, L. L. P., in Greensboro, Patty practiced business, tax, and estate planning law with Carruthers & Roth, P. A., in Greensboro, from 1968 until his retirement in June 2000. Patty is a member of the North Caro-lina State Bar, the North Carolina Bar Association, the American Bar Associa-tion, the Greensboro Bar Association, the Greensboro Estate Planning Coun-cil, the UNC Tax Institute Board of Ad-visors, the Christ United Methodist Church Board of Trustees, and the In-dustries of the Blind, Inc., Board of Di-rectors. North Carolina’s third- highest scor-ing candidate on the November 2003 Exam, Anne M. Latour, of Cary, is the recipient of the Bronze Guthrie Award. Latour, who graduated magna cum laude from Meredith College in 2003 with a Bachelor of Science in Account-ing, graduated cum laude from Boston College in 1983 with a Bachelor of Sci-ence in Biology. She was a member of Delta Mu Delta, the national business administration honor society, and received the Meredith College Certificate of Excellence in rec-ognition of her exceptional academic performance. Latour is employed as a Research Analyst with UNC- Chapel Hill. Katharine Guthrie Memorial Awards Address Changed? Pursuant to 21 NCAC 8J .0107, all North Carolina CPAs and CPA firms must notify the Board, in writing, within 30 days of any change of ad-dress or business location. For your convenience, a “ Notice of Address Change” form is printed on the back cover of each issue of the Activity Review. Licensees and firms should mail or fax changes to Alice Steckenrider. Address changes can also be e- mailed to alicegst@ bellsouth. net. Exam candidates are encouraged to mail or fax address changes to Phyllis Elliott. Changes can also be e-mailed to pwelliot@ bellsouth. net. Exam Applications Applications for the Uniform CPA Exam are available from the Board’s web site, www. cpaboard. state. nc. us, or by calling Phyllis Elliott at ( 919) 733- 4224. The Internal Revenue Service ( IRS) recently announced that it has launched an on- line form that gives tax professionals a faster, easier method of applying to become an authorized e- filer. According to the IRS, the on- line application form will reduce process-ing time and eliminate many of the errors associated with using the pa-per Form 8633, Application to Partici-pate in IRS E- File. The on- line application is the latest segment of a suite of Internet-based business tools called “ e- ser-vices” that give tax professionals and financial institutions new choices for working electronically with the IRS and easier access to client informa-tion. Other IRS on- line services avail-able to tax professionals are account registration, preparer tax identifica-tion number application, bulk tax payer identification number match-ing, and interactive tax payer identi-fication number matching. Tax professionals can register for IRS e- services through the Tax Professional’s page on the IRS web site, www. irs. gov. IRS Launches On- Line Tool for Tax Professionals Directory of Board Services 7 On April 5, 2004, the computer- based Uniform CPA Examination was launched at more than 300 Prometric Testing Centers across the United States. Although the transition from the pencil- and- paper Exam to the computer-based Exam has been relatively smooth, some candidates have experienced prob-lems. To reduce the problems you may have with the Exam, please review the following list of Exam- related issues: • The National Candidate Data-base ( NCD), which is administered by the National Association of State Boards of Accountancy ( NASBA), has experi-enced some delays in issuing the No-tices to Schedule ( NTS). NASBA is work-ing to correct the problem and will con-tinue to take appropriate action when delays cannot be avoided. • You must have your NTS before attempting to schedule an appointment to take the Exam. You may schedule your appointment( s) by telephone at 1- 800- 580- 9648 or through the Promet-ric web site, www. 2test. com or www. prometric. com. You will not re-ceive written confirmation of your appointment( s), but you can view con-firmation of your appointment( s) on the Prometric web site. • Candidates who reschedule an appointment less than 30 days before the original appointment will be charged a rescheduling fee by Promet-ric. Your NTS contains specific infor-mation regarding rescheduling an ap-pointment and the rescheduling fee. The Board is not authorized, under any con-ditions, to waive or pay a rescheduling fee assessed by Prometric. • You will not be admitted to the Prometric Testing center without two ( 2) valid forms of identification and your NTS. Your primary id must be a signed photo id such as a driver’s license and your secondary id may be a signed credit card, ATM or debit card, etc. Unsigned, invalid, or photocopied ids will not be accepted. Your NTS includes an Exam password that you must enter on the computer as part of the log- in process; without your NTS, you cannot take the Exam. “ Inactive,” when used to refer to the status of a person, describes one who has requested inactive status and been approved by the Board and who does not use the title “ certified public accountant” nor does he or she allow anyone to refer to him or her as a “ certified public accountant” and neither he or she nor anyone else refers to him or her in any representation as described in 21 NCAC 8A .0308( b) [ 21 NCAC 8A .0301( b)( 23)]. 04/ 01/ 04 Daniel Ray Robertson Charlotte, NC 04/ 01/ 04 Joyce Johnson Homosassa, FL 04/ 02/ 04 Earl Wayne Baucom Boston, MA 04/ 08/ 04 Herschel Horton Lewis Sanford, NC 04/ 08/ 04 Joanne Gallos Rake Bowie, MD 04/ 08/ 04 Carol Walker Hatchett Raleigh, NC 04/ 08/ 04 Lisa A. Tsuei Hillsboro, OR 04/ 08/ 04 Beth Ann Mullen Bethesda, MD 04/ 08/ 04 Lori Woods Beaver Concord, NC 04/ 08/ 04 Aaron Michael Oakley Brawley, CA 04/ 08/ 04 Matthew Robert Kulis Greer, SC 04/ 12/ 04 Mary Lynn Chew Indian Trail, NC 04/ 12/ 04 Kathleen L. Gavin Scarborough, ME 04/ 15/ 04 Michael G. Lee Davidson, NC 04/ 15/ 04 Jeannine Carol Molek Raleigh, NC 04/ 15/ 04 Seabrook Connell Kelley Charlotte, NC 04/ 16/ 04 Charles M. Malone, Jr. Branford, CT 04/ 19/ 04 Thomas Allen Hillsborough, NC 04/ 19/ 04 Thomas David Harding Indianapolis, IN 04/ 20/ 04 Shannon Coyle Sykes Wake Forest, NC 04/ 20/ 04 Lynda Merritt Renschen Charlotte, NC 04/ 27/ 04 Thomas Andrew Kelly Tulsa, OK 04/ 27/ 04 Misty Dawn Fortenberry Charlotte, NC 04/ 29/ 04 George Clifford Taylor Franklin, NC 04/ 29/ 04 Kelly Moore Carter Durham, NC 04/ 29/ 04 Alyson Aamodt Krause Clover, SC 04/ 30/ 04 Alison Dubbs Levinson Charlotte, NC Inactive Status • The Business Environments & Concepts ( BEC) section of the Exam has three ( 3) testlets, not five ( 5) testlets. • If the time allotted for an Exam section expires before you finish and you have not yet logged out of the Exam, all answers submitted up to that point will be saved and will count towards your score. • If you experience a problem with the Exam content or have a question/ concern regarding the Exam content, fax your name ( not candidate number) and the specifics of the problem or ques-tion/ concern to the AICPA Exam Team at ( 201) 938- 3443. • If you have a problem or ques-tion/ concern with the administration Computer- Based Exam Issues of the Exam, the Prometric Testing Cen-ter, etc., fax your name, candidate id number, and the specifics of the prob-lem or question/ concern to the Board’s Executive Director at ( 919) 733- 4209. You may also e- mail the information to rnbrooks@ bellsouth. net. Additional information on the com-puter- based Exam is available from the following web sites: AICPA www. cpa- exam. org NC Board of CPA Examiners www. cpaboard. state. nc. us NASBA www. nasba. org Prometric www. prometric. com Certificate No. Send Mail to Home Business New Home Address City State Zip CPA Firm/ Business Name New Bus. Address City State Zip Telephone: Bus. ( ) Home ( ) Bus. fax ( ) E- mail Address Certificate Holder Last name Jr./ III First Middle North Carolina State Board of Certified Public Accountant Examiners Post Office Box 12827 Raleigh NC 27605- 2827 PRST STD US Postage PAID Greensboro, NC Permit No. 393 21,000 copies of this document were printed for this agency at a cost of $ 2,994.28 or 14¢ per copy in May 2004. Certificate holders not notifying the Board in writing within 30 days of any change in address or business location may be subject to disciplinary action under 21 NCAC 8J .0107. Notice of Address Change Signature Date Mail to: NC State Board of Fax to: ( 919) 733- 4209 CPA Examiners PO Box 12827 Raleigh, NC 27605- 2827 State Board of CPA Examiners Board Members Norwood G. Clark, Jr., CPA President, Raleigh Leonard W. Jones, CPA Vice President, Morehead City Arthur M. Winstead, Jr., CPA Secretary- Treasurer, Greensboro O. Charlie Chewning, Jr., CPA Member, Raleigh Scott L. Cox, CPCU, CIC Member, Charlotte Jordan C. Harris, Jr. Member, Statesville R. Stanley Vaughan, CPA Member, Charlotte Staff Executive Director Robert N. Brooks Deputy Director J. Michael Barham, CPA Legal Counsel Noel L. Allen, Esq. Administrative Services Felecia F. Ashe Communications Lisa R. Hearne, Manager Examinations Phyllis W. Elliott Licensing Buck Winslow, Manager Alice G. Steckenrider Martha Traina Professional Standards Ann J. Hinkle, Manager Lorraine Kelley Jo Richardson Receptionist Jodi S. Nelson CERTIFICATE RENEWAL DEADLINE: JUNE 30, 2004
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Full Text | Activity Review North Carolina State Board of Certified Public Accountant Examiners 1101 Oberlin Road, Suite 104 • PO Box 12827 • Raleigh, NC 27605 • ( 919) 733- 4222 • No. 5- 2004 Inside this issue... 2004 Board Meetings ........................ 4 Certificates Issued ............................. 3 Cheating on the Exam ....................... 4 Client Records .................................... 5 Disciplinary Actions ..................... 2, 5 Exam Issues ....................................... 7 Guthrie Awards................................. 6 Inactive Status .................................... 7 Notice of Address Change ............... 8 On- Line IRS Tool ............................... 6 Reclassifications ................................ 4 www. cpaboard. state. nc. us The North Carolina State Board of CPA Examiners regards a CPA firm’s web site as a form of advertising and as such, a firm’s web site must comply with the Board’s rules, including 21 NCAC 8N .0306, Advertising or Other Forms of Solicitation. 21 NCAC 8N .0306( d), which spe-cifically addresses Internet advertising, mandates that in addition to including the CPA business or CPA firm name, a CPA firm web site must also include the principal place of business, the business phone number, the individual North Carolina certificate number for each CPA listed on the web site, and must specify North Carolina as the state of certifica-tion. Pursuant to 21 NCAC 8N .0306( c), a CPA firm can offer to perform or adver-tise professional services only in the exact name of the CPA firm as registered with the Board. Therefore, if your firm is registered with the Board as Smith & Jones, LLP, your firm web site must list the firm name as Smith & Jones, LLP, not Smith & Jones or Smith & Jones, CPAs, etc. As with all other forms of advertis-ing, a firm web site should contain mean-ingful information that is not mislead-ing or deceptive to consumers. For example, qualitative or quanti-tative terms, such as “ expert,” “ special-ist,” “ reasonable,” or “ affordable” should not be used because what you consider reasonable or affordable may not be reasonable or affordable to some-one else. Your Firm’s Web Site: Does It Comply with the Board’s Rules? However, the Board does permit the use of terms such as “ specializing in” or “ specialization” in firm advertising, including web sites. Although a CPA may advertise the nature of services provided to clients, the CPA cannot advertise or indicate a des-ignation or other title unless the CPA has met the requirements of the granting organization for the separate title or des-ignation and he or she is currently on active status and in good standing with the granting organization for the sepa-rate title or designation. [ NOTE: The Board does not approve or authorize designations or separate titles and the use of such designations is for public information purposes only.] Although the Board allows a CPA firm, on its web site, to provide a descrip-tion of a CPA’s position within the firm or his or her professional experience, the Board limits the information that can be provided on unlicensed staff. In a December 2001, Declaratory Ruling ( Activity Review No. 4- 2002), the Board concluded that unlicensed staff, if listed on the firm’s web site, must be listed in a separate section from the li-censed staff. In addition, that section must be clearly titled in such a way that the public will not be misled into believing that those staff members are licensed by this Board or otherwise authorized to render professional services without the supervision of an individual licensed by the Board. In regards to an unlicensed staff member, the Board ruled that on the firm’s web site, a firm can only include the unlicensed staff member’s name, his or her position title, the firm’s business address, and the staff member’s tele-phone number, fax number, and e- mail address. However, résumé- type information for an unlicensed staff member cannot be included on the firm’s web site. If your firm has a web site or is developing a web site, it is important to ensure that your web site is in compli-ance with the Board’s rules and guid-ance on advertising. Remember, the profession and the public are best served when CPA firms and individual CPAs take the appropri-ate steps to ensure that the public is not confused or misled by a CPA’s advertis-ing. Joel Moran Wilson, # 24462 Denver, NC 04/ 19/ 04 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 NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent was the holder of North Carolina certificate number 24462 as a Certified Public Accountant. 2. A Bill of Information ( Exhibit 1) was issued charging that, during the period Title 18, United States Code, Sections 2314 and 2.” 5. In a Plea Agreement ( Exhibit 2) signed by Respondent on October 24, 2003, Respondent agreed “ to enter a volun-tary plea of guilty to Counts One and Two as set forth in the Bill of Informa-tion....” 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, and .0204( b). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Peter Richard Gray, is hereby perma-nently revoked. 2 Theodore E. Peterson, Jr., # 3979 Charlotte, NC 04/ 19/ 04 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent was the holder of North Carolina certificate number 3979 as a Certified Public Accountant. 2. On August 26, 2003, Respondent was indicted on eight ( 8) counts alleging that he falsified accounting reports sent to the United States Department of Hous-ing and Urban Development ( HUD) ( Exhibit 1). 3. On January 9, 2004, pursuant to a plea agreement, Respondent pleaded guilty to one count of making a false statement in violation of 18 U. S. C. § 1001 ( Exhibit 2). More specifically, Respon-dent knowingly and willfully made false and fraudulent statements in that he issued and signed, as a certified public accountant, an audit opinion letter in which he stated that he had conducted the audit in accordance with Govern-ment Auditing Standards (“ GAGAS”) when Respondent knew that his CPA certificate had earlier been suspended by this Board and further knew that he had not conducted the audit in accor-dance with relevant standards and guidelines. 4. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, .0204, .0209, .0403, and .0405. BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Theodore E. Peterson, Jr., is hereby per-manently revoked. Disciplinary Actions Peter Richard Gray, # 23993 Troutman, NC 04/ 19/ 04 THIS CAUSE, coming before the Board at its offices at 1101 Oberlin Road, Raleigh, Wake County, North Carolina, with a quorum present. Pursuant to NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the following Findings: 1. Respondent is the holder of North Carolina certificate number 23993 as a Certified Public Accountant. 2. A Bill of Information ( Exhibit 1) was issued charging that, between December of 1998 and July of 2003, Re-spondent had embezzled approxi-mately $ 746,000.00 from his employer while serving as the company’s Con-troller. 3. Count One of the Bill of Information alleged that Respondent “... made, ut-tered, and possessed forged a security, to wit check # 18890 in the amount of approximately $ 7,424.82, of an organi-zation, which operated in and the ac-tivities of which affected interstate com-merce, with intent to deceive other per-sons and organizations, all in violation of Title 18, United States Code, Sections 513 ( a) and 2.” 4. Count Two of the Bill of Information alleged that Respondent “... transported, transmitted, and transferred and caused to be transported, transmitted, and trans-ferred in interstate commerce securities and money of the value of $ 5,000 or more, to wit check # 18890 in the amount of approximately $ 7,424.82, knowing the same to have been stolen, converted, and taken by fraud, all in violation of 3 Respondent agreed not to perform any accounting services except to wind up, under the supervision of a duly licensed CPA, current services being provided to clients. Respondent also agreed not to seek the reinstatement of his certificate “... until the completion of any period of supervised release imposed by the Dis-trict Court as a result of his plea of guilty.” 6. On or about March 4, 2004, Respon-dent contacted Board staff to inform the Board of the charges against him and of his plea agreement. Respondent dis-cussed the surrender of his certificate and possible Board actions which may be taken in response to the charges and guilty plea. 7. On March 8, 2004, the Board received Respondent’s letter dated March 4, 2004, Respondent’s surrendered CPA certifi-cate, a copy of the Bill of Information, and a copy of the Plea Agreement. 8. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: Certificates Issued At its April 19, 2004, meeting, the Board approved the following applications for certification: Laura P. Abbondanza Charles Everett Barlow David A. Bartley Shaun Martin Bawden Jane Cook Benson Paul John Brenan Arthur Brickman Susan Margaret Brim Melissa D. Brown John Raymond Burlinson Huiping Chen Trisha Ramsey Cody Ray Edward Crouse, Jr. Joseph Michael Galante Matthew Spencer Hewes David Austin Jakeman Debra Ann Jett Heather Leigh Jewell Chasity Michelle Johnson Deborah Lynn Kaufman William R. Kavanaugh Kimberly A. Kelley Wayne Alexander Martin Marisa Dorothea Matthews Kimberly Jean Medlin Jimmie Russell Mincey Mary Helen Nance Michael Paul Nickolas Tricia M. Oles Susan Edmonds Palmer Susan Scott Pierce Tiesha Simone Pope Brian Patrick Regan Steven Jon Shropshire Rebecca Anne Slattery Deborah A. Smink Craig Steven Smith Leslie Fraser Staples Steven O. Swyers Thomas Britt Taylor Lisa Lynn Thompson Anna Worley Townsend Thu Thuy Tran Elizabeth Carver Warren Jennifer Wilson Yaudes from August of 1994 through December of 2000, Respondent and codefendants “ did unlawfully, willfully, and know-ingly conspire, confederate, and agree together and with each other and with other individuals, both known and un-known to the United States Attorney, to defraud the United States for the pur-pose of impeding, impairing, obstruct-ing, and defeating the lawful Govern-ment functions of the Internal Revenue Service of the Treasury Department in the ascertainment, computation, assess-ment, and collection of the revenue: to wit, income taxes, and during the course of the conspiracy did commit one or more overt acts….” 3. In a February 27, 2004, Plea Agree-ment ( Exhibit 2), Respondent agreed “ to enter a voluntary plea of guilty to Count One as set forth in the Bill of Informa-tion....” 4. In said Plea Agreement, Respondent agreed to pay full restitution and to cooperate with the United States Gov-ernment in its prosecution of other re-lated parties. 5. Said Plea Agreement also required that, within ten ( 10) days of the entry of his plea, Respondent inform “ any li-censing authorities” of the charges against him and of his plea. Further, 1. Respondent is subject to the provi-sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 9) a and e, and 21 NCAC 8N .0201, .0202, .0203, and .0204( b). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. The Certified Public Accountant cer-tificate issued to Respondent, Joel M. Wilson, is hereby permanently revoked. Comments If you have questions or comments regarding the Activity Review, please contact the Board’s Executive Direc-tor, Robert N. Brooks, by telephone at ( 919) 733- 1425 or by e- mail at rnbrooks@ bellsouth. net. 4 Reclassifications Reissuance 04/ 19/ 04 Ann W. Bemis, # 11983 Reinstatement 04/ 19/ 04 Michelle Gero Ellsworth, # 28401 David Joseph Piscorik, # 28006 Patti Darlene Davis Royster, # 24374 Fernanda Simone Tiu, # 21646 Sarah Ann Zinzer, # 29664 Retired 04/ 19/ 04 “ Retired,” when used to refer to the status of a person, describes one pos-sessing a North Carolina certificate of qualification who verifies to the Board that the applicant does not receive, or intend to receive in the future, any earned compensation for current personal services in any job whatsoever and will not return to active status [ 21 NCAC 8A .0301( b)( 23)]. Teresa M. Ameen, # 9459 New Canaan, CT Thomas L. Meyn, # 15197 Bristol, IN William H. Starnes, Jr., # 21708 Knoxville, TN The North Carolina State Board of CPA Examiners, the National Association of State Boards of Accountancy ( NASBA), the American Institute of CPAs ( AICPA), and Prometric Test Centers regard can-didate misconduct, including cheating, on the Uniform CPA Examination very seriously. The Board, NASBA, the AICPA, and Prometric use a variety of procedures to prevent candidate misconduct and cheating on the Exam. Prometric Test Center Administra-tors are trained to watch for unusual behavior and incidents during the Exam and all Exam sessions are audio/ video-taped to document the occurrence of any unusual activity. In addition, unusual activity and candidate misconduct is reported to the Board on a daily basis. If the Prometric Test Center staff suspects candidate misconduct, a warn-ing will be given to the candidate for any of the following situations: • Communicating, orally or other-wise, with another candidate or person; • Copying from or looking at an-other candidate’s materials or worksta-tion; • Allowing another candidate to copy from or look at materials or work-station; • Giving or receiving assistance in answering Exam questions or problems; • Reading Exam questions or simu-lations aloud; and • Engaging in conduct that inter-feres with the administration of the Exam or unnecessarily disturbs other candidates or the test center staff. Grounds for confiscation of a pro-hibited item and warning the candidate include: • Possession of a prohibited item ( whether or not in use) inside, or while entering or exiting, the testing room; and • Using, during a break, any pro-hibited item in a manner that could result in cheating or the removal of Exam questions and simulations. ( For a list of prohibited items, please refer to the AICPA’s Candidate Bulletin.) If a candidate engages in miscon-duct or does not follow the test center regulations, the test center staff may dismiss that candidate from the Exam and the Board may cancel that candidate’s score. The following are examples of be-havior that will not be tolerated during the Exam: • Repeated act of misconduct after receiving warning( s) from test center staff; • Attempting to remove or remov-ing, by any means, Exam questions from the testing room; • Copying, writing, or summariz-ing Exam questions or simulations on any material other than the scratch pa-per issued by the test center staff; • Tampering with computer soft-ware or hardware or attempting to use the computer for any reason other than completing the Exam session; • Intentional refusal or failure to comply with instructions of the test cen-ter staff; • Attempting to have an imperson-ator gain admission to the testing room or substitute for a candidate after a break; and • Conduct that may threaten bodily harm or damage to property. If the Board determines that a can-didate has cheated on the Exam, the candidate will be subject to a variety or penalties including, but not limited to, invalidation of grades, disqualification from subsequent Exam administrations, and civil or criminal penalties. In cases where cheating is discov-ered after an individual has received his or her CPA certificate, the Board may permanently revoke the certificate. Candidate Misconduct and Cheating on the Uniform CPA Examination June 22 July 15* August 23 September 20 October 25 November 22 December 20 Meetings of the Board are open to the public except when, under State law, some portions are closed to the pub-lic. Unless otherwise noted, meetings are held at the Board office in Raleigh and begin at 10: 00 a. m. * Greensboro 2004 Board Meetings sions of Chapter 93 of the North Caro-lina General Statutes ( NCGS) and Title 21, Chapter 8 of the North Carolina Administrative Code ( NCAC), includ-ing 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 NCGS 93- 12( 8b), and 93- 12( 9) e and 21 NCAC 8J .0101( b)( 2), and 8N .0203( b)( 1). BASED ON THE FOREGOING and in lieu of further proceedings under 21 NCAC Chapter 8C, the Board and Respondent agree to the following Or-der: 1. Since Respondent did not have suffi-cient CPE for renewal at the time he submitted his erroneous certificate re-newal, Respondent’s application for renewal is insufficient and untimely under NCGS 150B- 3( a) and his certifi-cate is automatically forfeited pursuant to NCGS 93- 12( 8b). 2. Respondent must return his forfeited certificate to the Board with this signed Consent Order. 3. Respondent may apply for reinstate-ment of his certificate to active status thirty ( 30) days from the date this Order is approved by the Board. 4. The application to return his certifi-cate to active status shall include: a. Application form, b. Payment of the application fee, c. Three ( 3) moral character affidavits, and d. Forty ( 40) hours of CPE in the twelve ( 12) months preceding the application including an eight ( 8) hour accountancy law course provided in a group study format by the North Carolina Associa-tion of CPAs ( NCACPA). 5. Respondent must obtain, within nine ( 9) months of the date this Order is ap-proved by the Board, twenty ( 20) CPE credit hours over and above the annual forty CPE credit hours requirement and this additional CPE cannot be used for either reinstatement or renewal. 5 Pursuant to 21 NCAC 8N .0305, Retention of Client Records, a CPA must return client records in his or her possession to the client after a de-mand for the return of the records is made. If the client is a partnership, records must be returned, upon re-quest, to any of the general partners. If the client is a corporation, the records must be returned, upon de-mand, to the president. Joint records must be made avail-able, upon demand, by any party. Upon demand, client records must be returned immediately un-less there are reasonable circum-stances that would delay the return of the records. For example, a delay may be re-quired to retrieve a closed file from storage or to extract the CPA’s work-ing papers. If the records cannot be returned immediately upon demand, the CPA must notify the client of the exact date that the records will be returned. Under no circumstances should a CPA refuse to return client records in order to force payment for services provided. Work papers are generally the property of the CPA and need not be surrendered to the client. However, some work papers may contain data which should be re-flected in the client’s books and records, but have not been duplicated nor provided to the client. Therefore, the client’s records are incomplete without these records. In such cases, the work papers that contain this information are con-sidered part of the client’s records and copies should be given to the client along with any other client records. Please consult 21 NCAC 8N .0305 for more complete informa-tion about CPA work papers and the return of client records. Return of Client Records Christopher Mandaleris, # 17304 Greensboro, NC 04/ 19/ 04 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 NCGS 150B- 41 and 150B- 22, the Board and Respondent stipulate the follow-ing Findings: 1. Respondent is the holder of North Carolina certificate number 17304 as a Certified Public Accountant. 2. Respondent represented to the Board on his 2003- 2004 individual certificate renewal that he had obtained thirty- one ( 31) hours of continuing professional education ( CPE) in 2002, in addition to twenty ( 20) carry- forward hours. 3. While he was completing his plans for completing 2003 CPE on Friday, September 12, 2003, Respondent dis-covered that he had misread the CPE report from his former employer and had actually completed only fifteen ( 15) hours of CPE during 2002, in addition to twenty ( 20) carry- forward hours, leav-ing him five ( 5) hours short of the forty ( 40) hour requirement to renew his CPA certificate for 2003- 2004. 4. On Monday, September 15, 2003, Respondent drove to Raleigh and re-ported the error to a Board representa-tive in person. He followed up that visit with a letter of September 17, 2003, to the Board explaining the error and the cir-cumstances of the error. 5. There is no evidence to indicate that Respondent intentionally committed any deception or willfully violated any Board rule. 6. Respondent wishes to resolve this matter by consent and agrees that the Board staff and counsel may discuss this Order with the Board ex parte, whether or not the Board accepts this Order as written. BASED UPON THE FOREGOING, the Board makes the following Conclusions of Law: 1. Respondent is subject to the provi- Disciplinary Action 6 The North Carolina State Board of CPA Examiners is pleased to announce that initial candidates Toshio Osaka, Seldon E. Patty, and Anne M. Latour are the recipients of the November 2003 Katharine Guthrie Memorial Awards. The Guthrie Awards, which are named for a former executive director of the Board, are the semiannual awards presented by the North Carolina Asso-ciation of CPAs ( NCACPA) to the North Carolina candidates with the top three overall scores on the pencil- and- paper Uniform CPA Examination. To be eligible for the awards, a can-didate must sit for all four parts of the Exam and must attain a score of at least 80 on each section of the Exam. As North Carolina’s candidate with the highest overall score on the Novem-ber 2003 Exam, Toshio Osaka of Concord, is the recipient of the Gold Guthrie Award. In addition to being named North Carolina’s highest scoring candidate on the November 2003 Exam, Osaka has been named to the AICPA’s Candidate High Distinction Report which lists the 120 top- ranking Exam candidates na-tionally for each administration of the pencil- and- paper Exam. Osaka, who is an Associate with PricewaterhouseCoopers, LLP, in Char-lotte, received a Bachelor of Science in Accounting from UNC- Charlotte in 2003. Osaka also holds a Master of Busi-ness Administration ( 1990) from Duke University and a Bachelor of Arts in Political Science ( 1983) from Waseda University in Tokyo. As an undergraduate at UNC- Char-lotte, Osaka was a member of the Belk College of Business Administration Tax Challenge team that advanced to the final round of the 2002 Deloitte & Tou-che Tax Challenge, a national case study competition for tax students. Seldon E. Patty of Greensboro is North Carolina’s second- highest scor-ing candidate on the November 2003 Exam and the recipient of the Silver Guthrie Award. Patty, who received a Bachelor of Science in Business Administration from UNC- Chapel Hill in 1966 and a Juris Doctorate from UNC- Chapel Hill in 1968, began taking accounting courses at Guilford College in 2002 to prepare for the Exam. Now a consultant with Bernard Robison & Company, L. L. P., in Greensboro, Patty practiced business, tax, and estate planning law with Carruthers & Roth, P. A., in Greensboro, from 1968 until his retirement in June 2000. Patty is a member of the North Caro-lina State Bar, the North Carolina Bar Association, the American Bar Associa-tion, the Greensboro Bar Association, the Greensboro Estate Planning Coun-cil, the UNC Tax Institute Board of Ad-visors, the Christ United Methodist Church Board of Trustees, and the In-dustries of the Blind, Inc., Board of Di-rectors. North Carolina’s third- highest scor-ing candidate on the November 2003 Exam, Anne M. Latour, of Cary, is the recipient of the Bronze Guthrie Award. Latour, who graduated magna cum laude from Meredith College in 2003 with a Bachelor of Science in Account-ing, graduated cum laude from Boston College in 1983 with a Bachelor of Sci-ence in Biology. She was a member of Delta Mu Delta, the national business administration honor society, and received the Meredith College Certificate of Excellence in rec-ognition of her exceptional academic performance. Latour is employed as a Research Analyst with UNC- Chapel Hill. Katharine Guthrie Memorial Awards Address Changed? Pursuant to 21 NCAC 8J .0107, all North Carolina CPAs and CPA firms must notify the Board, in writing, within 30 days of any change of ad-dress or business location. For your convenience, a “ Notice of Address Change” form is printed on the back cover of each issue of the Activity Review. Licensees and firms should mail or fax changes to Alice Steckenrider. Address changes can also be e- mailed to alicegst@ bellsouth. net. Exam candidates are encouraged to mail or fax address changes to Phyllis Elliott. Changes can also be e-mailed to pwelliot@ bellsouth. net. Exam Applications Applications for the Uniform CPA Exam are available from the Board’s web site, www. cpaboard. state. nc. us, or by calling Phyllis Elliott at ( 919) 733- 4224. The Internal Revenue Service ( IRS) recently announced that it has launched an on- line form that gives tax professionals a faster, easier method of applying to become an authorized e- filer. According to the IRS, the on- line application form will reduce process-ing time and eliminate many of the errors associated with using the pa-per Form 8633, Application to Partici-pate in IRS E- File. The on- line application is the latest segment of a suite of Internet-based business tools called “ e- ser-vices” that give tax professionals and financial institutions new choices for working electronically with the IRS and easier access to client informa-tion. Other IRS on- line services avail-able to tax professionals are account registration, preparer tax identifica-tion number application, bulk tax payer identification number match-ing, and interactive tax payer identi-fication number matching. Tax professionals can register for IRS e- services through the Tax Professional’s page on the IRS web site, www. irs. gov. IRS Launches On- Line Tool for Tax Professionals Directory of Board Services 7 On April 5, 2004, the computer- based Uniform CPA Examination was launched at more than 300 Prometric Testing Centers across the United States. Although the transition from the pencil- and- paper Exam to the computer-based Exam has been relatively smooth, some candidates have experienced prob-lems. To reduce the problems you may have with the Exam, please review the following list of Exam- related issues: • The National Candidate Data-base ( NCD), which is administered by the National Association of State Boards of Accountancy ( NASBA), has experi-enced some delays in issuing the No-tices to Schedule ( NTS). NASBA is work-ing to correct the problem and will con-tinue to take appropriate action when delays cannot be avoided. • You must have your NTS before attempting to schedule an appointment to take the Exam. You may schedule your appointment( s) by telephone at 1- 800- 580- 9648 or through the Promet-ric web site, www. 2test. com or www. prometric. com. You will not re-ceive written confirmation of your appointment( s), but you can view con-firmation of your appointment( s) on the Prometric web site. • Candidates who reschedule an appointment less than 30 days before the original appointment will be charged a rescheduling fee by Promet-ric. Your NTS contains specific infor-mation regarding rescheduling an ap-pointment and the rescheduling fee. The Board is not authorized, under any con-ditions, to waive or pay a rescheduling fee assessed by Prometric. • You will not be admitted to the Prometric Testing center without two ( 2) valid forms of identification and your NTS. Your primary id must be a signed photo id such as a driver’s license and your secondary id may be a signed credit card, ATM or debit card, etc. Unsigned, invalid, or photocopied ids will not be accepted. Your NTS includes an Exam password that you must enter on the computer as part of the log- in process; without your NTS, you cannot take the Exam. “ Inactive,” when used to refer to the status of a person, describes one who has requested inactive status and been approved by the Board and who does not use the title “ certified public accountant” nor does he or she allow anyone to refer to him or her as a “ certified public accountant” and neither he or she nor anyone else refers to him or her in any representation as described in 21 NCAC 8A .0308( b) [ 21 NCAC 8A .0301( b)( 23)]. 04/ 01/ 04 Daniel Ray Robertson Charlotte, NC 04/ 01/ 04 Joyce Johnson Homosassa, FL 04/ 02/ 04 Earl Wayne Baucom Boston, MA 04/ 08/ 04 Herschel Horton Lewis Sanford, NC 04/ 08/ 04 Joanne Gallos Rake Bowie, MD 04/ 08/ 04 Carol Walker Hatchett Raleigh, NC 04/ 08/ 04 Lisa A. Tsuei Hillsboro, OR 04/ 08/ 04 Beth Ann Mullen Bethesda, MD 04/ 08/ 04 Lori Woods Beaver Concord, NC 04/ 08/ 04 Aaron Michael Oakley Brawley, CA 04/ 08/ 04 Matthew Robert Kulis Greer, SC 04/ 12/ 04 Mary Lynn Chew Indian Trail, NC 04/ 12/ 04 Kathleen L. Gavin Scarborough, ME 04/ 15/ 04 Michael G. Lee Davidson, NC 04/ 15/ 04 Jeannine Carol Molek Raleigh, NC 04/ 15/ 04 Seabrook Connell Kelley Charlotte, NC 04/ 16/ 04 Charles M. Malone, Jr. Branford, CT 04/ 19/ 04 Thomas Allen Hillsborough, NC 04/ 19/ 04 Thomas David Harding Indianapolis, IN 04/ 20/ 04 Shannon Coyle Sykes Wake Forest, NC 04/ 20/ 04 Lynda Merritt Renschen Charlotte, NC 04/ 27/ 04 Thomas Andrew Kelly Tulsa, OK 04/ 27/ 04 Misty Dawn Fortenberry Charlotte, NC 04/ 29/ 04 George Clifford Taylor Franklin, NC 04/ 29/ 04 Kelly Moore Carter Durham, NC 04/ 29/ 04 Alyson Aamodt Krause Clover, SC 04/ 30/ 04 Alison Dubbs Levinson Charlotte, NC Inactive Status • The Business Environments & Concepts ( BEC) section of the Exam has three ( 3) testlets, not five ( 5) testlets. • If the time allotted for an Exam section expires before you finish and you have not yet logged out of the Exam, all answers submitted up to that point will be saved and will count towards your score. • If you experience a problem with the Exam content or have a question/ concern regarding the Exam content, fax your name ( not candidate number) and the specifics of the problem or ques-tion/ concern to the AICPA Exam Team at ( 201) 938- 3443. • If you have a problem or ques-tion/ concern with the administration Computer- Based Exam Issues of the Exam, the Prometric Testing Cen-ter, etc., fax your name, candidate id number, and the specifics of the prob-lem or question/ concern to the Board’s Executive Director at ( 919) 733- 4209. You may also e- mail the information to rnbrooks@ bellsouth. net. Additional information on the com-puter- based Exam is available from the following web sites: AICPA www. cpa- exam. org NC Board of CPA Examiners www. cpaboard. state. nc. us NASBA www. nasba. org Prometric www. prometric. com Certificate No. Send Mail to Home Business New Home Address City State Zip CPA Firm/ Business Name New Bus. Address City State Zip Telephone: Bus. ( ) Home ( ) Bus. fax ( ) E- mail Address Certificate Holder Last name Jr./ III First Middle North Carolina State Board of Certified Public Accountant Examiners Post Office Box 12827 Raleigh NC 27605- 2827 PRST STD US Postage PAID Greensboro, NC Permit No. 393 21,000 copies of this document were printed for this agency at a cost of $ 2,994.28 or 14¢ per copy in May 2004. Certificate holders not notifying the Board in writing within 30 days of any change in address or business location may be subject to disciplinary action under 21 NCAC 8J .0107. Notice of Address Change Signature Date Mail to: NC State Board of Fax to: ( 919) 733- 4209 CPA Examiners PO Box 12827 Raleigh, NC 27605- 2827 State Board of CPA Examiners Board Members Norwood G. Clark, Jr., CPA President, Raleigh Leonard W. Jones, CPA Vice President, Morehead City Arthur M. Winstead, Jr., CPA Secretary- Treasurer, Greensboro O. Charlie Chewning, Jr., CPA Member, Raleigh Scott L. Cox, CPCU, CIC Member, Charlotte Jordan C. Harris, Jr. Member, Statesville R. Stanley Vaughan, CPA Member, Charlotte Staff Executive Director Robert N. Brooks Deputy Director J. Michael Barham, CPA Legal Counsel Noel L. Allen, Esq. Administrative Services Felecia F. Ashe Communications Lisa R. Hearne, Manager Examinations Phyllis W. Elliott Licensing Buck Winslow, Manager Alice G. Steckenrider Martha Traina Professional Standards Ann J. Hinkle, Manager Lorraine Kelley Jo Richardson Receptionist Jodi S. Nelson CERTIFICATE RENEWAL DEADLINE: JUNE 30, 2004 |
OCLC number | 20740890 |