Certified public accountants invest much time and money in building rewarding careers. It takes a long time to acquire the skills and experience to hold a license in public accountancy. The California Board of Accountancy only certifies trained accountants who meet the required criteria regarding skills, expertise, and discipline. Sadly, it could revoke your professional license instantly if someone files an allegation against you.
Allegations and complaints against public accountants are severe for the Board of Accountancy. Since its mandate is mainly public safety, the board will not hesitate to act against any accountant guilty of unprofessionalism. Some disciplinary actions involve the revocation or suspension of your license. When that happens, you cannot continue earning a living.
We defend professional licenses at San Jose License Attorney. We are always prepared to help our clients defend their careers when they face professional complaints in San Jose. We can protect your rights and help you develop fighting strategies to trigger a favorable outcome for your situation.
The Crucial Role of CPAs in California
Businesses depend on accountants to keep their finances in order. It is challenging to operate a business without understanding its income and expenditures. An accountant tracks a business’s expenses and income to report whether the company is running at a profit or loss. Accountants also handle other finance-related matters, including budgeting, paying taxes, maintaining financial records, and other related paperwork.
Being a certified public accountant means playing a vital role in businesses and organizations that require your services. Businesses of varying sizes need your help, whether as a permanent employee or freelancer. The reports you generate for companies and organizations help them make crucial decisions for growth and development.
But you cannot discharge your duty without vital skills and experience. Hence, extensive training is needed to become a competent accountant. After the rigorous training, you need some knowledge to pass the required examinations and obtain a certified public accountant license. Sadly, you can lose all that immediately if you are negligent or unprofessional. The Board of Accountancy does not hesitate to take stern action against any accountant accused of unprofessional conduct.
Certified public accountants face all kinds of accusations and allegations. You could face accusations of embezzlement, fraud, or money laundering. While some of these accusations are handled in-house by the managers, others are filed with the licensing board. The board acts immediately upon receiving a complaint, initiating an investigation into the matter and appointing administrative judges to hear and decide the matter. You must be prepared to fight any allegation against you to safeguard your career and reputation. You can do so with the help of a competent license attorney.
The Board of Accountancy’s Mission
The Board of Accountancy in California is the main licensing board for public accountants, accounting corporations, accounting firms, and other individuals or businesses that offer accounting services. It ensures that any individual or company applying for a license is fully qualified and has the right skills and expertise. The board also ensures that applicants understand their roles, responsibilities, and the legal requirements they must abide by. However, issuing licenses is not the board’s primary mandate. It ensures the public benefits from safe and quality services from certified accountants. Generally, the board protects the public from unprofessionalism and financial losses by negligent or unprofessional public accountants.
The board sets strict requirements for those applying for accounting permits to accomplish this mandate. They must meet the required criteria and demonstrate devotion in their service delivery. Additionally, the board closely monitors the industry, ensuring all certified accountants and accounting firms comply with the set laws and operation standards. It takes any complaint or allegation filed against a certified accountant seriously and immediately launches an investigation. The board also takes note of all criminal arrests or convictions affecting certified accountants.
If you face criminal charges, have a criminal conviction on your record, or an accusation is brought to the board against you, the board has several disciplinary actions, including the following:
- It can deny your application for a new accounting license.
- It can issue a public reprimand, requiring you to refrain from the same or similar conduct.
- The board can also issue a citation in your name, with a requirement to pay a particular fine.
- It can revoke or suspend your accounting license.
- The board can suspend your license revocation or suspension and place you on probation.
- It can file criminal charges or a civil lawsuit against you in addition to disciplinary action.
The board does not handle all allegations against certified accountants the same way. Remember that some allegations are usually graver than others. Here are some of the claims that could lead to an investigation and discipline by the Board of Accountants:
- Operating without a legal license.
- Exceeding the provisions or scope of your accounting license.
- Being ordinary negligent, grossly negligent, or incompetent when rendering your service.
- Exhibiting any form of unprofessional behavior.
- Failing to abide by the generally accepted practices of accounting.
- Breaching your fiduciary duty.
- Aiding or abetting tax evasion.
- Committing fraud, embezzlement, forgery, or misappropriating funds and any other related white-collar offense.
- Committing a crime or having a criminal conviction that substantially affected your qualifications or duties as a public accountant.
- Being investigated by another licensing board or government agency, even from another state.
All allegations the board receives are severe, as they can trigger investigation and discipline. You must take the accusation against you seriously and take action to defend your reputation and career. Although the board dismisses some allegations and complaints, it always helps to be prepared to protect your license. The board posts all formal accusations on its website for everyone to see, including your clients, employer, colleagues, and crucial people in your life. Since that can gravely damage your reputation, you must act quickly to fight any discipline by the board that threatens your livelihood.
A skilled license attorney can help in several ways. They will help you understand the gravity of the complaint or allegation against you and how it can affect your career. They will also help you understand your options and the best strategies for a favorable outcome. Your legal representative will also work closely with you to protect your rights and advocate for your best interests. You will likely receive a reasonable outcome when you engage an attorney from the beginning of the legal process.
The Impact of a Criminal Charge on Your Accounting License
The police arrest and charge all kinds of people every day, including respectable members of society. Having a professional license does not protect anyone from criminal proceedings. If you are caught in the act of crime or are suspected of criminal activities, the police will take action regardless of your position in society. Certified public accountants are not safe from prosecution; hence, you must conduct yourself carefully per the laws in place.
If a certified public accountant is arrested, faces criminal charges, or is convicted, the Board of Accountancy could also take action against them. Even if the accusations against you are untrue or unsubstantiated, a criminal arrest or conviction can put your career at risk. As the police investigate the crime, the board will conduct its independent investigation. Remember that the board’s primary mandate is public safety. The board's action against you will be geared towards public safety.
However, the board only acts if your charges substantially affect our ability to offer safe and professional services. In that case, you will face professional discipline and the penalties a criminal court will give for the underlying offense. The board must consider how your alleged crime affects your accounting practice. Here are examples of criminal offenses that could trigger discipline by the Board of Accountancy:
- Operating a vehicle while intoxicated.
- Operating a vehicle while addicted to drugs.
- Simple possession or possession of controlled drugs for sale.
- All fraud-related crimes.
- Failing to make the proper disclosures.
- Tax evasion.
- Sexual assault or domestic violence.
This incomplete list provides examples of offenses that could impact your accounting profession. Although it seems impossible to save your permit when facing some of these grave charges, an aggressive license defense attorney can help. Your attorney will use the best fighting strategies, including mitigating factors, to compel the board to let you keep your professional license.
The Legal Processes Involved
Your involvement with the Board of Accountancy in the complaint process starts when someone files a complaint. It could be an aggrieved client, an employer, or even a jealous or malicious colleague. The complaint concerns anything related to your performance as a certified public accountant. The gravity of the allegation will determine the board’s next action. The board will dismiss some allegations and investigate grave ones. Sometimes, the board investigates a matter and drops it early after failing to find sufficient evidence to take action.
Once the board investigates an allegation against you, it will notify you about the complaint and the pending investigation. Some investigations take a few days or weeks, while others can drag on for months. You will be required to attend one or more hearings to determine the cause and resolution of the matter. You need an attorney from the beginning of the proceedings to ensure you understand your rights and options. Your lawyer will also act quickly to stop any action by the board that could impact your profession or reputation.
Sometimes, the board issues a temporary suspension to CPAs under investigation. You will not work during that period. While a suspension allows the board to conduct a thorough investigation without your interference, it will destroy your livelihood. A suspension can significantly ruin your business if you run a private practice. However, a skilled license attorney can overturn it to enable you to continue working during the investigation.
Additionally, your attorney can compel the board to dismiss the complaint against you by challenging it early in the legal proceedings. This works in your favor as it stops public exposure that could substantially affect your practice. If the board cannot dismiss the complaint, your attorney can fight for a favorable settlement that allows you to keep your license.
If the board has more evidence against you and you face grave charges, it could post a formal complaint on its website. The allegation on its website will be public, meaning anyone can find out about it, including your clients, employer, colleagues, and family members. The board will allow you to respond to the notice and present your arguments and evidence against the statement. Your attorney can use that chance to fight for a fair settlement of the matter or the dismissal of allegations against you.
The presence of aggravating or mitigating factors in your case can also determine how the board will resolve the matter. For example, if your client or anyone else suffered financial harm through your actions, your actions were intended, or you were uncooperative with the board throughout the investigation, the board’s disciplinary action against you could be harsh. But if no one was gravely affected, you are remorseful, or you have already started treatment or rehabilitation, the board could dismiss your allegations or agree to a fair resolution.
Find a Skilled Professional License Defense Attorney Near Me
If an accusation against you is filed with your licensing board in San Jose as a certified public accountant, it could ruin a career that took years and resources to build. The board considers the gravity of the allegation, the evidence against you, and your performance record to determine the proper disciplinary action to take. You could receive a citation with a fine requirement or face a license revocation. Sadly, these will ruin your reputation and livelihood.
We can work with you to determine the proper defense for a favorable outcome at San Jose License Attorney. We will skillfully use our knowledge of the statutes to fight for a fair resolution with the board. With the right strategy, the board can drop the allegations or opt for a lenient disciplinary action that will not gravely affect your career. Contact us at 408-850-3740 to discuss your matter in greater detail.
