north carolina state board of certified public accountant ... 21 ncac 08n .0305(g), a cpa ......

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  • Activity ReviewNorth Carolina StateBoard of Certified Public Accountant Examiners

    1101 Oberlin Rd., Ste. 104 PO Box 12827 Raleigh, NC 27605 919-733-4222 No. 04-2015

    In This Issue2015 Board Meetings ......................... 2Cease and Desist Agreements ......... 5Certificates Issued ............................. 6Disciplinary Actions ......................... 2Exam Item Writers and

    Reviewers Needed .......................... 4Exam Stats Books ............................ 10 Inactive Status .................................. 11Officers Elected .................................. 4Reclassifications ................................. 8

    The Board has designated May 1, 2015, as the first annual Check Your CPE Day for North Carolina CPAs.

    Each year, far too many North Carolina CPA licenses are forfeited because people havent met the an-nual CPE requirement; we want that to change, said Robert N. Brooks, Executive Director of the Board.

    We ask that all North Carolina CPAs take 30 minutes on May 1 to review their records to make sure they have completed the necessary hours of CPE, usually 40, including at least two hours of ethics CPE, needed for the 2015-2016 license renewal.

    When a CPA has completed more than the required number of CPE hours in a calendar year, the extra hours, not to exceed 20 hours, may be carried forward and treated as hours earned in the following year.

    Carry-forward hours cannot be used to satisfy the ethics CPE require-ment, and ethics courses may not be carried forward.

    A licensee may check his or her carry-forward CPE hours by looking up his or her own record using the Li-censee Search function of the Boards website,

    Licensees also need to make sure they have the certificates of completion for each course completed. Without those certificates of completion, they have no real proof of having completed those courses and that is a problem, especially if they are selected for the

    May 1, 2015, Is Check Your CPE DayCPE audit we conduct every year, explained Brooks.

    If selected for the CPE audit, a licensee must respond to the Board within the specified time frame and must provide certificates of completion for each CPE course claimed for credit.

    It is the CPAs responsibility to maintain records substantiating the CPE credits claimed for the current year and for each of the four calendar years prior to the current year.

    If it appears that a licensee is not in compliance with the CPE requirement, the matter is referred to the Boards Professional Education and Applica-tions Committee for review.

    If the Committee determines that a licensee is not in compliance, the matter is referred to the Professional Standards Committee for possible disciplinary ac-tion for violation of Board rules.

    Additional information about the annual CPE requirement is available online at or by contacting Cammie Emery at (919) 733-1423 or

    Four NC Candidates Receive Elijah Watt

    Sells AwardThe Board is pleased to announce that four North Carolina Uniform CPA Exam candidates were named 2014 Elijah Watt Sells Award win-ners by the AICPA.

    Sarah Watkins Carver, a graduate of North Carolina State University with a BS in Account-ing and a Master of Accounting, is employed with Thomas, Judy & Tucker, PA, in Raleigh, NC.

    Ashlyn Lane Congdon, a graduate of the University of North Carolina at Chapel Hill with a Bachelor of Business Administra-tion and a Master of Accounting, is employed with Grant Thornton, LLP, in Raleigh, NC.

    John Norcio, a graduate of Wake Forest University with a BS in Finance and a Master in Ac-countancy, is employed with Ernst & Young, LLP, in McLean, VA.

    Jooyoung Park a graduate of the University of Virginia with a BS in Commerce and a BA in Eco-nomics, is employed with Deloitte & Touche, LLP, in Raleigh.

    The Elijah Watt Sells Award is presented to candidates who have obtained a cumulative average score above 95.50 across all four sections of the Exam, completed testing during the 2014 calendar year, and passed all four sections of the Exam on their first attempt.

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    2015 Board MeetingsMay 21June 22July 20

    August 24September 21

    October 22November 16December 14

    Unless otherwise noted, meetings are held at the Board office at 1101 Oberlin Road, Raleigh, and begin at 10:00 a.m.

    Disciplinary ActionsWalter Greene Church, Jr., #16076Morganton, NC 03/18/2015

    THIS CAUSE, coming before the North Carolina State Board of CPA Examiners (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. Walter Greene Church, Jr., (hereinaf-ter Respondent) is the holder of North Carolina certificate number 16076 as a Certified Public Accountant.2. Respondent, at all relevant times, was the owner and operator of CFG Associates, Inc. (CFG). As a benefit, Respondent offered his employees participation in the CFG Associates, Inc., 401(k) Profit Sharing Plan (Plan).3. Respondent was the Plan Trustee and, therefore, a fiduciary of the Plan.4. The United States Department of Labor (DOL) initiated an audit of the Plan that lasted from approximately February 2012 until its conclusion in August 2013.5. On May 23, 2013, the DOL sent a let-ter to the Plan, and to Respondent as the Plans fiduciary, outlining potential Employee Retirement Income Security Act (ERISA) violations on the part of the Plan and Respondent.6. Notably, the DOL determined that Respondent participated in prohibited transactions between 2008 and 2011. It also determined that the Plan was not properly bonded per ERISAs specifications.7. On August 26, 2013, the DOL closed its file after noting that Respondent had made all corrective actions including the return of all Plan assets plus lost earnings.8. In June 2012 and June 2013, Re-spondent renewed his CPA certificate on-line. In each of the renewals, the following question was asked:

    Have you been investigated, charged, or disciplined since fil-ing your last renewal; or are you currently under investigation by a governing or licensing board or

    professional organization or by a state or federal agency?

    Respondent answered that question in the negative.9. 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. By engaging in prohibited trans-actions and other ERISA violations, Respondent violated 21 NCAC 08N .0203 and .0204.3. Respondents misrepresentations on his annual renewals constitute viola-tions of 21 NCAC 08N .0202.4. Per N.C. Gen. Stat. 93-12(9), and also by virtue of Respondents 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. The Certified Public Accountant certificate issued to Respondent, Walter Greene Church, Jr., is hereby suspended for a period of four (4) years.2. Respondent shall not offer or render services as a CPA or otherwise trade upon or use the CPA title in this state either through CPA mobility provisions or substantial equivalency practice privileges or in any other manner, nor shall Respondent claim or attempt to

    use any practice privileges in any other state during the period of suspension. 3. At the end of the suspension period, Respondent may have his certificate reissued per 21 NCAC 08J .0106 (2015), but only after the Board has determined that good cause exists that it be reissued per the standards set forth in 21 NCAC 08I .0104(c) and (d) (2015).

    James Edward OConnor, #13240Greenville, NC 02/23/2015

    THIS CAUSE, coming before the North Carolina State Board of CPA Examiners (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. James Edward OConnor (hereinafter Respondent) is the holder of North Carolina certificate number 13240 as a Certified Public Accountant.2. Respondent completed a tax services engagement for a client. The client failed to pay for those services. At the time the services were rendered, Respondent provided the client with a copy of his returns, including a de-preciation schedule.3. After the engagement was concluded, the client requested an additional copy of the depreciation schedule prepared by Respondent, along with other infor-mation. Respondent provided some of

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    Disciplinary Actionscontinued on page 4

    the information requested but did not, at that time, provide the depreciation schedule, which the client asserted had never been received from Respondent. At this time, Respondent requested payment which had not been received from the client for services rendered. 4. Respondent did not hear from the client for a period of time until receiv-ing a telephone call demanding that he produce the depreciation schedule within 48 hours, or the client would report Respondent to this Boar


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