In New York, as well as all other states, all professions, including Accounting, are heavily regulated. Practice of Accounting in New York is regulated by the Office of the New York State Board for Public Accountancy. The Board is authorized by statute to administer and enforce the legal matters related to Certified Public Accountants (“CPA”) and/or Public Accountants (“PA”). This includes not only setting up educational and other requirements, but also conducting investigations of allegations of professional misconduct and enforcing professional discipline through the NYS Department of Education Office of Professional Discipline (OPD)

If you are a New York accountant and find yourself under investigation by the Board of Public Accountancy or the OPD you need an experienced New York accounting license defense attorney.

What Are The Examples of Professional Misconduct by Accountants

In New York, the statute creates a long list of activities that are considered professional misconduct and will subject violators to discipline.
The New York Board of Public Accountancy and the Office of Professional Discipline will investigate allegations of professional misconduct and impose disciplinary action for substantiated allegations of misconduct. In our practice, most accountants facing discipline have been investigated for the following allegations:

• Fraudulent obtaining of a license or permit or in connection with the practice of accounting;
• Criminal convictions of all types, but especially those involving fraud. This includes felony and misdemeanor convictions under state and federal law.
• failing to comply with the mandatory continuing education requirements
• Being barred from being an associated person for registered public accounting firm after a disciplinary action was commenced by the Public Company Accounting Oversight Board (PCAOB) where the conduct charged would, if committed in New York State, constitute professional misconduct in New York under the laws of New York State
• Filing of or assisting with preparation of false or fraudulent documents and connected with the practice of accounting;
• Failure to comply with established professional standards;
• Practicing with expired license or registration;
• Failure to respond to requests for information or to cooperate in a Board investigation;
• Allowing unlicensed individuals perform accounting functions and failure to disclose or disclaim their license status
• Engaging in false advertising illegal solicitation
• The revocation, suspension, reprimand or other professional discipline in any other state or by a federal agency
• Unlicensed Practice of Accountancy

How New York Accountants Can Be Investigated and Disciplined For Professional Misconduct

While the vast majority of accountants are highly trained and responsible professionals, they are not immune to allegations of professional misconduct. Although they may try their best to provide the professional service to their clients in a diligent and ethical manner, the sad fact is that a dissatisfied client, competitor, colleague, or employee can file a disciplinary complaint against the accountant, which will result in an investigation.

Each year, the OPD receives thousands of complaints. When the complaint is received, the agency assigns an investigator to look into the allegations. In some situations, if the investigator feels that the allegations may not be substantiated, the investigation will be terminated without any adverse consequences for the licensee. In other cases, however, if there is enough evidence to file disciplinary charges, the matter will be forwarded to the investigative committee that will determine the appropriate penalty offer. The license will have the option of negotiating the disposition on consent (similar to plea negotiations in criminal cases) or proceeding to a disciplinary hearing.

What To Do If You Are Under Investigation

As a licensed professional, the thought of undergoing a disciplinary investigation can be daunting. The initial stages of any investigation begin with an assessment of the alleged misconduct, followed by a formal letter informing the licensee that they are the target of an investigation. This letter may request certain documents or an interview with the investigator.

It is crucial to understand that as a licensee, you have a duty to cooperate with the investigation, but it is equally important to seek legal advice before making any statements to the investigators. Even the most seemingly innocuous statements can be used against you in the investigative file.

Many professionals, such as CPAs and PAs, may feel confident in their ability to handle an investigation on their own, but this is often not the case. The consequences of substantiated allegations of professional misconduct can be severe, including harm to one’s reputation and the ability to earn a living.

The Department of Education has the power to take disciplinary actions against accountants, including revoking or suspending licenses, imposing fines, and limiting the scope of practice. To protect your rights and future earning potential, it is vital to retain competent legal counsel as early as possible.

At the Spodek Law Group, we are a top-rated professional license defense law firm. We understand that the process of earning a professional license is rigorous and that the thought of losing it due to misconduct or criminal charges can be devastating. Our license defense lawyers are dedicated to protecting the rights of licensed professionals and fighting against aggressive government actions.

Common activities that can put a professional license at risk include DUI, practicing under the influence of drugs, malpractice, fraud, and other offenses. Whether facing disciplinary action or criminal charges, it is crucial to have a license defense lawyer by your side to guide you through every stage of the process. Trust the Spodek Law Group to fight hard for you and protect your license and future earning potential.