PCAOB Bar "Depressed" CPA's Latest Woe
Written by Bob Scott   
Tuesday, 21 June 2011 20:33

Deli.cio.us    Digg    reddit    Facebook    StumbleUpon    Newsvine
A CPA detailed a series of family health emergencies and his resulting depression for the more than two years he failed to produce documents demanded by the Public Company Accounting Oversight Board. But the board barred Edwin "Ted" Reese Davis Jr. of Cedar City, Utah, from associating with any registered firm and revoked the registration of two firms he is affiliated with. He was barred by the SEC this month because he had continued to audit companies even though his Utah license expired three years ago. And David was arrested in December for allegedly issuing bad checks in Livingston, Mont.

The PCAOB this month revoked the registrations of the Davis Accounting Group and Etania Audit Group. Reese's Utah license expired on Sept. 30, 2008 and on Nov. 4, 2010 it was revoked and he was ordered to stop holding himself out as a CPA. He prepared at least 23 audit reports filed with the SEC after his license expired and he stopped paying Utah fees.

The PCAOB's involvement began in November 2007 with an informal request for information about DAG's audits of three issuers. The firm asked for extended deadlines. On May 2, 2008, Davis and his firm received new requests that were expanded to include documents regarding DAG's internal operations, such as its document retention policy.

However, on July 31, Davis wrote that he did not have all documents in proper forr, but expected them within a week. He said his father had suffered serious injuries that his mother-in-law would be undergoing life-threatening surgery and he had to take care of "certain family matters." On October 31, a letter from Davis cited personal bereavement and said he was under a physician's care for depression. Meanwhile, in April 2009, a grand jury subpoenaed DAG for documents relating to several of its audit clients and individuals associated with them.

Some documents arrived in February 2010 and Davis promised more. But in an April 6 hearing, he produced no evidence those were submitted. Davis testified he had good and bad days and that he reserved good days for business, including a week-long trip to China to negotiate with a client. His firm also issued more than 30 audit reports during a period he claimed to be incapacitated.

The PCAOB said his staff included an accounting manager, who supervises a staff of four, a tax manager with one employee and an audit manager, along with administrative staff. The investigation reported that Davis himself said that he had "a great staff and audit personnel that can take over and handle multiple client assignments." It also found that the grand jury subpoena had been received 10 months after the PCAOB's first request.

The clients' names were not given. However, one client was the now bankrupt Copper King Mining Co. Copper King's former CEO and a stock promoter and a disbarred attorney who helped sell and promote stock have been charged by the SEC with illegally selling $12.2 million in securities.

Davis, whose firm had audited Copper King, claimed he was hired as CFO by Copper King and Western Mining Co. as debtors in possession to perform a forensic audit. The companies claimed Davis seized control of records when they wouldn't pay him for pre-petition work. He said he surrendered documents to the SEC, Internal Revenue Service and Department of Labor.

Davis alleged the companies tried to conceal information and he needed to protect documents, which he claimed were his as a work product. Davis lost that argument when the court held he was not licensed and was ordered in March to give the records to the plaintiffs.

 



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 Wednesday, 22 June 2011 13:11
 

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