California Board of Accountancy License Defense Lawyer
The California Board of Accountancy, known as CBA, licenses approximately 60,000 Accountants/CPAs in the State of California. Most California Accountants/CPAs have minimal or no contact with the enforcement arm of the California Board of Accountancy. For Accountants/CPAs who become part of the California Board of Accountancy’s disciplinary process, the consequences are profound. The CPA License disciplinary process is complex, procedural and time consuming. Accountants/CPAs facing the California Board of Accountancy disciplinary process should seek legal representation from an experienced California Accountant/CPA License Defense Attorney.
California Board of Accountancy Investigation Defense Lawyer
The majority of California Board of Accountancy investigations begin with the filing of a consumer Complaint. However, California Board of Accountancy Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Accountancy employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Accountants/CPAs. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the California Board of Accountancy disciplinary process. At the conclusion of a California Board of Accountancy investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a CPA facing a California Board of Accountancy investigation, contact a California Board of Accountancy License Defense Attorney for representation.
California Accountant/CPA License Accusation Defense Attorney
A formal Accusation served on a California CPA serves as notice to a CPA that the Board intends to revoke the Accountants/CPAs License. The CPA, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the CPA. A Default will result in the immediate Revocation of the Accountants/CPAs License.
An Accusation is a serious matter that can result in the suspension or revocation of an Accountants/CPAs License in California. In many cases, it is possible for Accountants/CPAs to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Accountancy. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Accountants/CPAs facing a California Board of Accountancy Accusation should contact an experienced California Accountants/CPAs License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Accountants/CPAs include:
California Accountants/CPAs License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Accountancy either adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Accountancy’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a CPA to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the CPA can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Accountants/CPAs facing a California Board of Accountancy Administrative Law Hearing need effective representation from a California Accountant/CPA License Defense Lawyer.
California Accountants/CPAs License and Criminal Convictions
The California Board of Accountancy can discipline Accountants/CPAs for criminal convictions. California Board of Accountancy discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a CPA. Common criminal offenses that can cause Accountants/CPAs License discipline are:
The California Board of Accountancy and other law enforcement agencies also investigate criminal conduct by Accountants/CPAs in the course and scope of their trade. Criminal investigations often involve Accountants/CPAs engaged in Elder Financial Abuse and Theft. In serious criminal cases against Accountants/CPAs pending in Criminal Court, the California Board of Accountancy and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the CPA. A California Penal Code § 23 Order seeks to suspend an Accountants/CPAs License in Criminal Court.
Accountants/CPAs facing criminal charges and Accountants/CPAs who are convicted of criminal offenses need an experienced California Accountant/CPA License Defense Attorney for representation in disciplinary proceedings before the California Board of Accountancy.
California Accountant/CPA License Statement of Issues Attorney
The California Board of Accountancy thoroughly investigates all applicants for Accountants/CPAs Licenses. The California Board of Accountancy may deny a California Accountants/CPAs License for a variety of reasons. Most California CPA License denials occur due to criminal convictions, financial problems or misstatements on the Accountants/CPAs License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Accountants/CPAs License should contact a California Accountant/CPA License Denial Lawyer for representation in a California Board of Accountancy Statement of Issues Hearing.
California CPA Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Accountants/CPAs who have received an Accountant/CPA License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Accountants/CPAs License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Accountancy. A successful Accountant/CPA License Petition for Reinstatement requires representation by an experienced California Accountant/CPA License Defense Attorney.