New York CPAS Face SEC Hearing
Written by Bob Scott   
Monday, 11 April 2011 13:52

Deli.cio.us    Digg    reddit    Facebook    StumbleUpon    Newsvine

Two New York City CPAs face hearing over SEC charges their lack of knowledge of accounting for derivatives played a major role in a client's substantially overstating assets and losses for two fiscal years. The SEC said the two, who were auditors for Kentucky Energy, turned over preparation of the clients' 2004 and 2005 financial statements to a consultant who was not a CPA and whose father was a VP and director of Kentucky Energy.

The SEC made the allegations against partners Philip C. Kempisty and John Anthony Rubino of Kempisty & Company. Its action called for a public hearing on a cease-and-desist order, which is to be held within the next 60 days. A cease-and-desist order was issued to  Kentucky Energy, formerly known as Quest Minerals & Mining Corp. Kempisty's clients and some of its staff joined MaloneBailey in 2009.

The CPA firm was Kentucky Energy's auditor from 2003 through Feb. 13, 2009. The SEC complaint says the two were aware that the consultant, Eugene Chiaramonte III, who was not a CPA, had prepared the company's financial statements for 2004 and 2005. Chiaramonte's company, Clear Mountain Associates, was retained by Kentucky Energy, the firm's only client. Chiaramonte was also ordered to stop violating SEC rules. Kentucky Energy was required to keep two independent directors on its board and to produce written internal controls.

Neither Rubino, the engagement partner, nor Kempisty, the concurring review partner, had the training or proficiency to properly apply GAAP to accounting for warrants and convertible notes, according to the complaint. The SEC also claims that the workpapers show no analysis of the treatment of these financial instruments.

During fiscal 2004 and 2005, Kentucky Energy obtained loans in the form of notes convertible into common stock and also issued a warrant for each note. While the consultant needed to account for the warrants for the year ended Dec. 31, 2004, Rubino had not dealt with accounting for warrants or the beneficial conversion feature of convertible notes.

The consultant was advised to visit a web-based calculator regarding the Black-Scholes pricing model for options. But instead of applying the correct number, the SEC continued that Chiaramonte used generic data that was given on the site and these numbers were utilized for the fourth-quarter statements.

Rubino then incorrectly told the consultant that that warrants should be recorded as an asset instead of as expenses and that he should have amortized that amount over the life of the underlying convertible note. The SEC said the warrants should have been recognized as additional paid-in capital.

But following the accountant's advice for the first quarter of 2005, the consultant recorded the value of the warrants as a $13.8-million asset. That exceeded the $1.9 million in notes the company received in 2005 and also overstated assets so that the net loss for the second quarter of 2005 was overstated by about 174 percent.


Bob Scott
About the author:
Bob Scott has provided information to the tax and accounting community since 1991, first as technology editor of Accounting Today, and from 1997 through 2009 as editor of its sister publication, Accounting Technology. He is known throughout the industry for his depth of knowledge and for his high journalistic standards.  
Read More >>
Last Updated on Thursday, 14 April 2011 17:37
 

Add your comment

Your name:
Your email:
Subject:
Comment:
  The word for verification. Lowercase letters only with no spaces.
Word verification:

Intuit's Smith: Good Tax Season; But..

News image

  Intuit had an 11 percent increase in consumer tax revenue and the first growth in units sold to tax preparation professionals in three years for its third quarter ended April 30. But CEO Brad Smith thought the company should have done better in both areas in what he called a solid performance..  

News | Bob Scott | Friday, 18 May 2012

Wave Accounting Gets $12 Million

News image

Wave Accounting has secured $12 million in funding for its efforts to develop the market for its online accounting applications. Based in Toronto, Wave said the funding round was led by The Social+Capital Partnership with participation from existing investors Charles River Ventures and OMERS Venture.

News | The Progressive Accountant | Thursday, 17 May 2012

NetSuite Signs GT, Deloitte, Frank Rimerman

NetSuite is making strong inroads into the accounting community. At its SuiteWorld conference, underway this week in San Francisco, it announced three accounting firms and Sage's largest reseller as new additions to its channel.

News | Bob Scott | Tuesday, 15 May 2012

A Cloudy Year for Accounting Software

The technology press likes to declare something a "Year of ..." whatever the hottest trend is. But evidence is building that 2012 is going to be a big year for the sale of accounting applications that run on the web. Now, as is usually the case, there are usually a few big years once a new technology catches on.

News | The Progressive Accountant | Tuesday, 15 May 2012

SmartPros Results Flat

News image

Continuing education provider Smart Pros turned in results for its first quarter ended March 31 that showed both revenue and its net loss virtually unchanged from results in 2011. The company said lingering results from the recession and competitive factors kept a lid of its business.

News | The Progressive Accountant | Tuesday, 15 May 2012

TaxAct Revs Up 9 Percent

News image

TaxAct, the tax preparation software company purchased by InfoSpace, had pro forma revenue of $61.9 million a 9-percent increase from $56.8 million for the first quarter ended March 31. TaxAct, purchased on January 31 contributed only two months of actual results to its Bellevue, Wash.-based parent.

News | The Progressive Accountant | Thursday, 10 May 2012

Sage and Avalara Ally for Accountants Network

News image

Sales-and-use tax vendor Avalara is joining with Sage North America to provide resources to members of the Sage Accountants Network. Avalara's Accountants Resource Center provides tools and educational resources for helping them increase their sales tax knowledge.  

News | The Progressive Accountant | Tuesday, 8 May 2012

CliftonLarsonAllen to Resell Avectra

News image

CliftonLarsonAllen has agreed to resell Avectra's Social CRM to associations and nonprofit organizations.The accounting firm will offer the Avectra product in combination with Intacct's online accounting software. It is the latest move in the expansion of McLean, Va.-based Avectra's reseller program.

News | The Progressive Accountant | Thursday, 3 May 2012

ADP Revenue and Net Up 7 Percent for 2012

News image

Automatic Data Processing rolled sevens for its fiscal 2012 as net income, and revenue for employer services and total revenue all increased by 7 percent over 2011. And the company's metrics were strong in almost all areas for the year just ended.

News | The Progressive Accountant | Thursday, 3 May 2012

CompuPay Folds into BenefitMall

News image

Austin Ventures has led a round of equity financing that merged BenefitMall, which provides employee benefit plans through a broker network, and CompuPay, a payroll services and software provided. Terms were not disclosed. The payroll operations are now known as CompuPay, a BenefitMall company.

News | The Progressive Accountant | Wednesday, 2 May 2012

More in: News