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NYC Accountant License Defense Attorney

NY ACCOUNTING LICENSE DEFENSE LAWYERS

NYC Accounting License Defense Attorneys

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

All disciplinary matters begin with the initial investigation. Most licensee will be informed that they are the targets of the disciplinary investigation by a letter. The letter will ask the accountant to provide certain documents and/or attend an interview with the investigator. As a licensee, the accountant has a duty to cooperate with the investigation. Failure to do so may result in separate charges of misconduct. However, that usually applies to document and records production, not making statements to the investigators. We strongly advise targets of all government investigations to seek legal advice prior to making any statements to the investigators, however innocuous they may seem. Anything you say will be made part of the investigative file and will be used against you. We suggest retaining competent legal counsel as early as possible to deal with the Board on your behalf.

Many accountants who come under the OPD investigation feel that they can handle the case on their own. While at times it may work out, usually this is not the case. Professionals such as CPAs and PAs, who invested heavily in their education and career advancement, have a lot to loose if allegations of professional misconduct are substantiated. This includes not only serious harm to professional reputation but also the threat to the accountant’s very ability to earn a living.

The Department of Education may take several disciplinary actions against accountants, including license revocation and suspension, probation, censure and reprimand, limit the scope of practice, and imposing fines.

The Spodek Law Group is a top and greatest rated professional license defense law firm. When you get your license , your hard work has paid off and you have finished a rigorous education. You’ve passed your licensing examination, and obtained your license . Unfortunately, you’re now under a disciplinary or criminal investigation for misconduct or another crime. Being charged with a crime can ruin your professional career, your finances, and standing.

In scenarios such as this, you need the Spodek Law Group. If you’re under investigation and your license is at risk of being revoked or suspended, you might want to speak to a professional license defense attorney immediately. You should speak to a license defense law firm immediately because if you are convicted, you could never practice again.

Matters that place your professional license at risk

There are many activities which can set a professional license in danger. These actions can vary from misconduct in the work place, to fraud and other offenses . Below are common examples of illegal activities that can put your professional license at risk:

DUI
Practicing under influence of drugs
Malpractice
Fraud
Insurance Fraud
Theft
Domestic Violence
Embezzlement

When situations arise, you require a license defense lawyer to help protect your rights. Our license defense lawyers can assist you at every phase of the process. Even after you’ve worked so hard to earn your license, the simple fact is the government has the ability to take it away. They have the power to take away all of your future earning potential. It’s critical you hire an attorney at stages like this. This can happen either through the licensing board, the state authorities, or through the national government. Each of these entities has the power to perform investigations which can result in either disciplinary actions, or criminal charges, which may activate either a suspension or revocation of your license.

Whatever the situation is, we fight hard for you and protect you from aggressive government actions. We work hard every day to protect licensed professionals from government investigations and government activities.

Being a licensed professional means you adhere to a set of responsibilities and levels of behavior, and ahve an obligation to follow standard of professional acceptance. The reason you’re being investigated is because it’s alleged you failed to do so. Failure to perform according to those requirements is deemed professional misconduct and can lead to disciplinary action.

Legal defenses
Professionals often don’t fully understand the effect a conviction can happen when charged with a misdemeanor, or felony. Criminal convictions can end your career. Whether you’re facing a DUI, drug charge, Domestic Violence, harassment, or another crime – you need an aggressive lawyer to assist you. When you hire an experienced license defense lawyer, he or she will work with you to avoid disciplinary actions or criminal convictions. When you’re being researched your first step should be to hire a lawyer. You should avoid speaking to any investigator. Our license defense attorneys work tirelessly to protect your rights.

Along with disciplinary action, you could be sentenced to jail time, face fines, and community service.

Authorities believe a professional license is a privilege, not a right
Your ability to practice is a privilege, not a right. If the government tries to take it away, you need to defend yourself. If your license is suspended, the suspension takes effect immediately. It means your main source of income is cut away. It is important to reach out to our attorneys as soon as possible.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

Verified

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!