California Board of Accountancy

List of Enforcement Actions for California Board of Accountancy's (CBA) Licensees

This list contains names of licensees for which accusations have been filed and are pending possible enforcement action; summaries of all decisions within the past seven years for those found to be in violation of the California Accountancy Act and/or the rules and regulations of the CBA; summaries for all licensees with license restrictions; and summaries of decisions older than seven years but occurring since July 1, 1993, for licenses revoked or surrendered.

The CBA may revoke or suspend a license, or impose probation on the licensee for violation of applicable statutes or regulations. The standard probationary terms, as well as case-specific probationary terms, are included in all cases of probation. The standard probationary terms are listed in the Manual of Disciplinary Guidelines and Model Disciplinary Orders.

For more information or details of earlier enforcement actions, or for information regarding possible citations and fines, please contact the Board at:

 

E-mail: enforcementinfo@cba.ca.gov
Telephone: (916) 561-1729
FAX: (916) 263-3673

California Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
Attn: Enforcement Division


Enforcement Actions Index

A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W   X   Y   Z  



Nadlman, Arnold H.    Corona Del Mar CA   CPA 8676

Board Actions

Revocation of CPA Certificate, via default decision.


Effective December 18, 1999



Cause For Discipline

Respondent was convicted by a plea of no contest in the Los Angeles Superior Court of violating Penal Code § 487.1, felony grand theft. Respondent, while acting as financial advisor for a client, misappropriated $160,000 of the victim's money.

The judgment of conviction was subsequently affirmed by the Second Appellate District Court of Appeal and became final on August 26, 1999. Respondent further failed to report his conviction within 30 days to the California Board of Accountancy.


Violation(s) Charged

Business and Professions Code, Division 1.5, Chapter 3, § 490, Division 3, Chapter 1, §§ 5063, 5100 (a), (f), (h), and (j).


 


Nahom, Dan     Scottsdale AZ   CPA 76419

Board Actions

Revocation stayed, with three years' probation, via stipulated settlement.

Mr. Nahom's license is suspended for one year.

Mr. Nahom is required to reimburse the Board $2,486 for its investigation and prosecution costs.


Effective December 23, 2005



Cause For Discipline

For purposes of settlement, Mr. Nahom admits the Arizona State Board of Accountancy issued a Decision and Order in which Mr. Nahom's Arizona State Public Accounting Certificate was suspended for 18 months and thereafter placed on probation for five years with additional disciplinary terms and conditions.

The Arizona State Board of Accountancy's Decision and Order included factual findings that were disputed by Mr. Nahom. Included within these findings were assertions that Mr. Nahom's conduct in auditing Styling Technology Corporation was not in accordance with GAAS.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, § 5100 (h).


 


Neal, Thomas Roger    Union City CA   CPA 74508

Board Actions

Revocation of CPA Certificate, via default decision.


Effective February 24, 2006



Cause For Discipline

Mr. Neal's license is subject to discipline for unlicensed practice in that his license was expired and in a delinquent status at the time he performed two audit engagements, and when he issued his auditor's reports and caused them to be filed with the Department of Social Services.

For the audits of both organizations, Mr. Neal was grossly negligent and did not comply with professional standards in the performance and reporting on the audit engagements. Mr. Neal failed to produce audit documentation in support of his audit opinions, and there is no evidence that the audit procedures were in fact performed.

Mr. Neal failed to respond adequately and in a timely manner to the Board's requests and subpoenas issued during the investigation of this matter. Mr. Neal failed to comply with continuing education requirements in that he engaged in the practice of public accountancy, but did not provide the requested documentation required to support the continuing education courses he claimed to have completed in support of his license renewal.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5050, 5051, 5055, 5062, 5100 (c), (g) and (j). California Code of Regulations, Title 16, Division 1, §§ 52, 58, 87, 89, and 94.


 


Nefsky, Melvyn I.    Los Angeles CA   CPA 15025

Board Actions

Revocation of CPA Certificate, via default decision.


Effective January 7, 2007



Cause For Discipline

Mr. Nefsky was grossly negligent for failing to complete the 2004 individual and corporate tax returns that he was engaged to prepare.

In addition, Mr. Nefsky refused to return the documents to the clients for tax year 2004 as well as the clients' documents for over 20 previous years during which Mr. Nefsky had provided them with his services.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5100 (c) and 5037. California Code of Regulations, Title 16, Division 1, § 68.


 


Ness, John Bruce    San Diego CA   CPA 48489

Board Actions

Revocation of CPA Certificate, via default decision.


Effective April 29, 2007



Cause For Discipline

For previous violations of the Accountancy Act and Board regulations, Mr. Ness' permit to practice public accountancy was revoked. However, the revocation was stayed, and a term of three years of probation was imposed.

The Accusation and Petition to Revoke Probation contains the following allegations of Mr. Ness' additional unprofessional conduct. From on or about December 2004, through on or about November 2005, Mr. Ness' client or former client made numerous requests for the return of books, records or other data that he provided to Mr. Ness for the purpose of preparing the client's tax returns. Mr. Ness failed to respond to any of the client's requests and failed to return any of his records. Mr. Ness failed to respond to the Board's inquiries and the Board's subpoena concerning the client's complaint.

Mr. Ness failed to comply with the terms of his probation by failing to comply with the rules relating to the practice of public accountancy and by failing to respond to the Board's inquiries concerning the above matters.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5037 (b) and 5100 (g). California Code of Regulations, Title 16, Division 1, §§ 52 and 58.


 


Ness, John Bruce    San Diego CA   CPA 48489

Board Actions

Revocation stayed, with three years' probation, via stipulated settlement.

Sixty days suspension from the practice of public accountancy.

Mr. Ness shall return all documents relating to the tax engagement, including the 1999 tax returns prepared by Mr. Ness.

Mr. Ness shall use an engagement letter with each new client or engagement accepted during probation, and he shall provide copies to the Board or its designee upon request.

Other standard terms and conditions.


Effective December 22, 2004



Cause For Discipline

For purposes of settlement, Mr. Ness admits on March 10, 2000, he was engaged to prepare 1999 federal and state income tax returns. During this time, Mr. Ness' license to practice public accountancy was in an expired status.

In January 2001, Mr. Ness' client telephone Mr. Ness and requested his 1999 tax returns. Mr. Ness stated that he would mail them but failed to do so.

In April 2001, the client again telephoned Mr. Ness and requested that Mr. Ness send the tax returns and the supporting tax documentation. Mr. Ness refused.

Mr. Ness' actions constitute gross negligence, retention of client records, and practicing public accountancy with an expired CPA certificate.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5037, 5050, 5055, and 5100(c) and (f). California Code of Regulations, Title 16, Division 1, §§ 52 and 68.


 


Net Profit Tax Center      FNP 1074

Board Actions

Revocation of CPA Certificate and Fictitious Permit, via stipulated decision.


Effective December 31, 2002


Also See:

Hazen, Robert Douglas



Cause For Discipline

Robert Hazen agreed to the revocation of his CPA license and the fictitious name permit issued by the Board for his business, Net Profit Tax Center.

Pursuant to stipulated settlement, and solely for purposes of the Board's proceedings, Robert Hazen admitted that he diverted trust assets to his business and personal accounts and that in so doing, he breached his fiduciary duty and engaged in conduct constituting gross negligence.

Mr. Hazen further admitted that he had repeatedly failed to comply with his duty to respond to trust beneficiaries or their representatives.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5037(b)(2), 5100(c), (h), and (f). California Code of Regulations, Title 16, Division 1, § 68.



Related Documents:

Order and Accusation.


 


Nguyen Lien D., CPA Inc.    Anaheim CA   COR 4774

Board Actions

Revocation stayed with three years' probation, via stipulated settlement.

Mr. Nguyen is required to reimburse the Board $11,700 for its investigation and prosecution costs.

Mr. Nguyen shall be permanently prohibited from performing audit, review, or compilation engagements under either of his licenses issued by the Board.

Other standard terms and conditions.


Effective December 20, 2002


Also See:

Nguyen, Lien D.



Cause For Discipline

For the purpose of the Board's proceeding, Mr. Nguyen admits that he was grossly negligent in the performance of his audit of Apex Escrow, Inc. for the year ended December 31, 1999. The audit contained extreme departures from Generally Accepted Auditing Standards. The auditor's report and the working papers prepared in support of the auditor's opinion failed to comply with applicable professional standards.

Mr. Nguyen failed to properly plan the audit, document his understanding and consideration of internal controls, or prepare written audit programs. Mr. Nguyen further failed to obtain sufficient competent evidential matter, modify his audit report for departures from Generally Accepted Accounting Principles, and exercise due professional care in the performance of the audit.

Mr. Nguyen also admits that he was grossly negligent in the performance of the compilation for Glamour Beauty College for the year ended December 31, 1999. Initially, Mr. Nguyen submitted financial statements without a report. When Mr. Nguyen issued a report for the compilation engagement, the report contained departures from professional standards.


 


Nguyen, Lien D.    Anaheim CA   CPA 50144

Board Actions

Revocation stayed with three years' probation, via stipulated settlement.

Mr. Nguyen is required to reimburse the Board $11,700 for its investigation and prosecution costs.

Mr. Nguyen shall be permanently prohibited from performing audit, review, or compilation engagements under either of his licenses issued by the Board.

Other standard terms and conditions.


Effective December 20, 2002


Also See:

Nguyen Lien D., CPA Inc.



Cause For Discipline

For the purpose of the Board's proceeding, Mr. Nguyen admits that he was grossly negligent in the performance of his audit of Apex Escrow, Inc. for the year ended December 31, 1999. The audit contained extreme departures from Generally Accepted Auditing Standards. The auditor's report and the working papers prepared in support of the auditor's opinion failed to comply with applicable professional standards.

Mr. Nguyen failed to properly plan the audit, document his understanding and consideration of internal controls, or prepare written audit programs. Mr. Nguyen further failed to obtain sufficient competent evidential matter, modify his audit report for departures from Generally Accepted Accounting Principles, and exercise due professional care in the performance of the audit.

Mr. Nguyen also admits that he was grossly negligent in the performance of the compilation for Glamour Beauty College for the year ended December 31, 1999. Initially, Mr. Nguyen submitted financial statements without a report. When Mr. Nguyen issued a report for the compilation engagement, the report contained departures from professional standards.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, §§ 5062, 5100 (c) and (f). California Code of Regulations, Title 16, Division 1, § 58.


 


Nietzel, Paul Edmond    Omaha NE   CPA 67855

Board Actions

Revocation of CPA Certificate, via stipulated settlement.


Effective October 22, 1999



Cause For Discipline

Respondent admits that he subjected his license to disciplinary action on August 12, 1998. The United States Securities and Exchange Commission (SEC) issued an order which denied Mr. Nietzel the privilege of appearing or practicing before the SEC as an accountant.

Respondent admits that in 1994 and 1995, in connection with an initial public offering, he falsely labeled portfolio schedules, created false working papers, and impersonated an investor in a due diligence telephone interview conducted by a brokerage firm.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, § 5100 (i) and (g).


 


Noyer, John Curtis Al    Castro Valley CA   CPA 24770

Board Actions

Revocation of CPA Certificate, via default decision.


Effective May 1, 1998



Cause For Discipline

On or about March 14, 1996, a citation was issued to Respondent. Respondent failed to comply with the citation and, as a result, Respondent was subject to discipline for unprofessional conduct.


Violation(s) Charged

Business and Professions Code, Division 3, Chapter 1, § 5100 (f). California Code of Regulations, Title 16, Division 1, § 95.4.


 

Enforcement Definitions

Accusation

A formal document that notifies a licensee of the Board's charges against the licensee.


Cost Recovery

The licensee is ordered to pay the Board certain costs of investigation and prosecution including, but not limited to, attorney fees.


Default Decision

The licensee failed to file a Notice of Defense or has otherwise failed to request a hearing, object, or otherwise contest the accusation. The Board takes action without a hearing based on the accusation and documentary evidence on file.


Effective Date

The date the disciplinary decision becomes operative.


Probation

The licensee may continue to engage in activities for which licensure is required, under specific terms and conditions.


Reinstatement

A revoked license that is restored, not sooner than one year from the date of revocation, to a clear or inactive status after petition to and approval by the Board. Reinstatement may include probation and/or terms and conditions.


Revocation

The individual, partnership, or corporation no longer is licensed as a result of a disciplinary action.


Stayed

The action does not immediately take place and may not take place if the licensee complies with other conditions (such as a probation term).


Stipulation

The matter is negotiated and settled without going to hearing.


Surrendered

The licensee has surrendered the license. The individual, partnership, or corporation no longer is licensed. The Board, however, may impose discipline against a surrendered license in certain circumstances. Surrender may also require certain conditions be met should the former licensee ever choose to reapply for licensure.


Suspension

The licensee is prohibited for a specific period of time from engaging in activities for which licensure is required.


Disclaimer for Disciplinary Actions/License Restrictions Summary

The reports contained as part of this Web site represent summaries of those formal disciplinary orders issued by the Department of Consumer Affairs (Department) and its participating programs, boards, committees, and commissions, imposing suspension, revocation or other discipline. Enforcement proceedings that are resolved by dismissal of the accusation or otherwise result in no actual discipline of a license are not reported at this Web site.

Summary information on recent orders is prepared approximately thirty (30) days after the final decision date of an enforcement case. Therefore, although this Web site may presently lack any such report, some licensees will actually be named in accusations, or be subject to disciplinary orders. The lack of a summary for a particular licensed person does not mean that the licensee has never been the subject of an accusation or administrative discipline.

The brief summaries offered at this Web site are not intended as substitutes for the actual decisions and orders issued by the Department and its participating programs, boards, committees and commissions. Copies of those decisions and orders are available at no cost by writing to the designated address for each program or board.

Also, the actions reported here may not be final and may not reflect any judicial action to stay or modify the administrative order. You should not take any action based on information contained in these summaries without verifying the information and determining whether the administrative order has been stayed or modified by a court.

As used in this summary, the term "accusation" is a formal document which notifies a licensee of the agency's charges against the licensee, and that requests a disciplinary order. The licensee is entitled to contest the charges in a formal hearing before an administrative law judge. An accusation is usually resolved by an agency decision following such a hearing or by an agency decision pursuant to a settlement agreement. Often there is a considerable period of time between the date of filing an accusation and the resolution of the accusation.

The term "suspended" means that the licensee is prohibited for a period of time from engaging in activities for which licensure is required, usually for a specified number of days or months. A suspension will usually be imposed in conjunction with a lengthy period of probation of one or more years.

The term "revoked" means that the individual, partnership, or corporation is no longer licensed as a result of an enforcement action. Revocation is not necessarily permanent. The revoked licensee has the right, one year or more after the revocation, to petition the California Board of Accountancy for reinstatement. Reinstatement of the revoked license must be approved by the Board and may include probation and/or terms and conditions.

For a copy of these actions, please contact the Board by mail, e-mail, telephone, or fax as listed below:


California Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
Attn: Enforcement Division

E-mail: enforcementinfo@cba.ca.gov
Telephone: (916) 561-1729
FAX: (916) 263-3673