Disputes before the California Board of Accountancy within the Department of Consumer Affairs (“DCA”) are often triggered due to criminal convictions. This is because some criminal convictions are considered “substantially related” to the qualifications, functions, or duties of the accountant. Cases are also triggered by a failure of a Certified Public Accountant (“CPA”) or accountant to report specific types of criminal convictions to the board within thirty (30) days.
When an Accountant Needs an Attorney
Convictions are loosely defined by the board. It includes:
- Specified felony and misdemeanor convictions secured through guilty verdicts
- No contest ornolo contendre pleas
- Convictions that are later expunged
- Convictions out-of-state.
Finally, the board’s recent history indicates that it is more than likely to investigate and/or prosecute cases involving any of the following elements:
- Sexual misconduct
- Abuse of alcohol, or illicit or prescribed drugs
- Unlicensed practice of accountancy
- Falsifying records
- Failure to make required disclosures in connection with certain types of transactions (e.g. Refund Anticipation Loans [“RALs”], etc.)
- Fraud or misrepresentation
- Incompetent or negligent practice of accountancy
Experienced Legal Representation for Attorneys
Luckily, Simas & Associates, Ltd., has years of experience representing accountants and other professions before the board and the DCA. As a result, we are well-versed in identifying the types of criminal convictions that will likely result in board action. We also know how to assert your rights in all of these matters – through requesting discovery, negotiating a reasonable stipulated settlement, and representing you during mediation or before an Administrative Law Judge at the hearing.
We also have experience crafting viable petitions for reinstatement, reduction in suspension, or removal of restrictions through the use of compelling evidence in mitigation, rehabilitation, and character. This experience can be put to use for you in the case of a license, permit, or certificate restriction, suspension, or revocation.
Legal Counsel After the Board of Accountancy Dispute
In addition, Simas & Associates, Ltd., offers value-added services. Because of our diverse menu of legal services, we can also assist accountants in other legal matters that are relevant to their profession and the government’s regulation of it. For example, our Business Law practice can provide Advice and Counsel to existing accountancy corporations and partnerships. Furthermore, we can assist in the contract drafting and Contract Negotiation, Business Formation and Transactions, or Employment Law.
Simas & Associates, Ltd., is a knowledgeable and affordable option when it comes to protecting your livelihood and reputation – not to mention helping it grow. Contact us today to get started on defending your license and your practice through our free and confidential initial consultation.