JOHN SAVIGNANO, White Plains, NY, was admonished by the AICPA and NYSSCPA pursuant to a settlement agreement entered into under the Joint Ethics Enforcement Program, effective January 25, 2023. Savignano’s matter was referred by the U.S. Department of Labor’s Employee Benefits Security Administration, alleging ethics violations with respect to Savignano’s audit of Gerald Metals, LLC & Subsidiaries 401(k) Profit Sharing Plan as of and for the year ended Dec. 31, 2017. After the investigation, the Ethics Charging Authority found prima facie evidence of violations of General Standards Rule (1.300.001) .01a. Professional Competence; General Standards Rule (1.300.001) .01b. Due Professional Care; Compliance with Standards Rule (1.310.001); Accounting Principles Rule (1.320.001); and Governmental Bodies, Commissions, or Other Regulatory Agencies (1.400.050). (Published April 2023.)
MARK SCHNIEBOLK, New York, NY: Under the provisions of Article XIII, Professional Conduct and Disciplinary Proceedings, Section 5, Automatic discipline, of the Society’s bylaws, Mr. Schniebolk has been suspended from the Society for a period of 1 year, effective May 11, 2022, resulting from disciplinary action taken by the Public Company Accounting Oversight Board (PCAOB). The PCAOB censured Mr. Schniebolk for failing to adhere to PCAOB standards related to the audits and examinations of the financial statements of a broker-dealer for the years ended December 31, 2016 and 2017. In addition to the censure, the PCAOB prohibited Mr. Schniebolk from acting as, or supervising someone acting as, an engagement quality reviewer for a period of one year; and levied a $15,000 civil money penalty on Mr. Schniebolk. (Published February 2023).
ROLANDO S. KING, of East Elmhurst, NY, was terminated from membership, effective November 16, 2022, pursuant to the provisions of NYSSCPA bylaws Article XIII - Professional Conduct and Disciplinary Proceedings, Section 12, Failure to Cooperate or Comply. The Joint Trial Board of the AICPA found that King had failed to cooperate with an investigation by the Ethics Charging Authority. (Published February 2023).
HOWARD M. SCHRIER, Melville, NY, entered into a settlement agreement under the Joint Ethics Enforcement Program, effective August 9, 2022. Under the settlement agreement, Mr. Schrier was admonished by the AICPA and NYSSCPA in connection with an order issued by the Florida Board of Accountancy related to his failure to comply with the Board’s continuing professional education requirements. (Published October 2022.)
MELVIN F. CRYSTAL, Jackson, NJ, was suspended for two years effective July 12, 2022, pursuant to a settlement agreement with the AICPA, the NYSSCPA, and the NJSCPA under the Joint Ethics Enforcement Program. The AICPA found prima facie evidence of a violation of the Act Discreditable Rule (1.400.001) in connection with a peer review led by Crystal. (Published October 2022).
JONATHAN B. TAYLOR, of Melville, NY, was terminated from membership, effective October 18, 2022, pursuant to the provisions of NYSSCPA bylaws Article XIII - Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, and in connection with the disciplinary action taken by the Public Company Accounting Oversight Board's (PCAOB) Release No. 105-2022-025, “Order Instituting Disciplinary Proceedings, Making Findings, and Imposing Sanctions” (the Order) Pursuant to the Order, Taylor was permanently barred from association with a registered public accounting firm. The PCAOB had found that Taylor misled PCAOB inspectors and investigators during two PCAOB inspections and a subsequent PCAOB investigation. (Published October 2022).
STEVEN KIRN, Milford, CT, had his membership in the NYSSCPA suspended for three years, effective September 30, 2022, under the provisions of Article XIII – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, the SEC suspended Mr. Kirn from appearing or practicing before the SEC for a period of three years, pursuant to its Order Instituting Public Administrative and Cease-And-Desist Proceedings Pursuant to Sections 4C And 21C of the Securities Exchange Act Of 1934 and Rule 102(e) of the Commission’s Rules Of Practice, Making Findings, and Imposing Remedial Sanctions and a Cease and-Desist Order, File No. 3-21184, dated September 30, 2022. Further details regarding the SEC’s Order can be found here. (published October 2022).
MICHAEL G. MULLEN, Cranford, NJ, had his membership in the NYSSCPA suspended for two years, effective September 30, 2022, under the provisions of Article XIII – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, the SEC suspended Mr. Mullen from appearing or practicing before the SEC for a period of two years, pursuant to its Order Instituting Public Administrative Proceedings Pursuant to Sections 4C of the Securities Exchange Act Of 1934 and Rule 102(e) of the Commission’s Rules Of Practice, Making Findings, and Imposing Remedial Sanctions, File No. 3-21193, dated September 30, 2022. Further details regarding the SEC’s Order can be found here. (Published October 2022).
MAURICE BERKOWER, Staten Island, NY, had his membership in the NYSSCPA suspended for one year, effective September 30, 2022, under the provisions of Article XIII – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, the SEC suspended Mr. Mullen from appearing or practicing before the SEC for a period of one year, pursuant to its Order Instituting Public Administrative Proceedings Pursuant to Sections 4C of the Securities Exchange Act Of 1934 and Rule 102(e) of the Commission’s Rules Of Practice, Making Findings, and Imposing Remedial Sanctions, File No. 3-21193, dated September 30, 2022. Further details regarding the SEC’s Order can be found here. (Published October 2022).
RONALD H. SANOSSIAN, Hartsdale, NY, was expelled from the NYSSCPA, effective April 12, 2022, under the provisions of Article XIII - Professional Conduct and Disciplinary Proceedings, Section 2, Criminal Conviction of Member, as a result of being
convicted of Grand Larceny in the Third Degree, a class D felony, on January 15, 2020 in full satisfaction of the charge by the County Court, Westchester County, NY. (Published July 2022).
JOSEPH MARK HERZOG, Northport, NY, was suspended from membership for two years effective April 12, 2022 under the provisions of Article XIII – Professional Conduct and Disciplinary Proceedings, Section 3 (Impairment of license to practice public
accounting). This action is based on the disciplinary action taken by the New York State Education Department (NYSED). Mr. Herzog did not contest the charge of willfully failing to comply with the mandatory continuing education requirements to be registered
to practice as a certified public accountant. Details regarding the NYSEDs disciplinary action can be found here: http://www.op.nysed.gov/opd/apr22.html#HERZ . (Published July 2022)
JOHN CAVALLONE, New York, NY: Under the provisions of Article XIII, Professional Conduct and Disciplinary Proceedings, Section 5, Automatic discipline, of the Society’s bylaws, Mr. Cavallone has been suspended from the Society for a period of 1 year, effective May 11, 2022, resulting from disciplinary action taken by the Public Company Accounting Oversight Board (PCAOB). The PCAOB censured Mr. Cavallone for failing to adhere to PCAOB standards related to the audits and examinations of the financial statements of a broker-dealer for the years ended December 31, 2016 and 2017. In addition to the censure, the PCAOB prohibited Mr. Cavallone from acting as, or supervising someone acting as, an engagement quality reviewer for a period of one year; and levied a $15,000 civil money penalty on Mr. Cavallone.
JOSEPH JOHN PUGLISI, Pine Brook, NJ: Under the provisions of Article XIII, Professional Conduct and Disciplinary Proceedings, Section 5, Automatic discipline, of the Society’s bylaws, Mr. Puglisi has been suspended from the Society for a period of one year, effective May 11, 2022, resulting from disciplinary action taken by the Public Company Accounting Oversight Board (PCAOB). The PCAOB suspended Mr. Puglisi from associating with a registered public accounting firm for a period of one year for violating the PCAOB’s rules and standards with respect to the audits and examinations of the financial statements of a broker-dealer for the years ended December 31, 2016 and 2017. In addition to the suspension, the PCAOB prohibited Mr. Puglisi from serving as, or supervising some one acting as, an engagement partner or engagement quality reviewer for any broker-dealer that is required to file compliance reports under the Securities and Exchange Act of 1934 for a period of one year; and levied a civil money penalty of $25,000.
JOSEPH MORTIMER, Hauppauge, N.Y., had his membership in the NYSSCPA suspended for two years, effective February 24, 2022, under the provisions of Article XIII (formerly Article XII) – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of the Public Company Accounting Oversight Board’s Order Instituting Disciplinary Proceedings, Making Findings, and Imposing Sanctions (the Order) on Mr. Mortimer. Pursuant to the Order Mr. Mortimer was suspended from associating with a registered public accounting firm, subject to reinstatement upon meeting the conditions stated in the Order. The Order was issued by the Public Company Accounting Oversight Board on February 24, 2022.
MARK HOLZWANGER, New York, N.Y., had his membership in the NYSSCPA terminated, as a result of a decision of a hearing panel of the Joint Trial Board. Mr. Holzwanger was found guilty of violating the Article XIII (formerly Article XII) – Professional Conduct and Disciplinary Proceedings, Section 12(b), Failure to Cooperate or Comply. Mr. Holzwanger failed to comply with the educational and remedial or corrective action mandated by a settlement agreement entered into by Mr. Holzwanger in February 2017.
RAYMOND GUSTAV PREUSSER, Craryville, N.Y., had his membership terminated, effective October 19, 2021, under provisions of Article XIII (formerly Article XII) – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of consent order granted. Mr. Preusser admitted to the charge of having been convicted of Endangering the Welfare of a Child.
STUART BECKER, New York, N.Y., was terminated from membership in the NYSSCPA, effective June 18, 2020, under the provisions of Article XIII (formerly Article XII)–Professional Conduct and Disciplinary Proceedings, Section 2. Criminal Conviction of Member, as a result of having been convicted of Offering a False Instrument for Filing, Second Degree. (Published March 2022.)
VINCENT J. GILROY JR., Utica, N.Y., was terminated from membership in the NYSSCPA, effective May 25, 2021, pursuant to a settlement agreement with the AICPA and the NYSSCPA. Gilroy’s matter was referred by the U.S. Department of Labor’s Employee Benefits Security Administration, alleging ethics violations with respect to Gilroy’s audit of Innovative Services, Inc.’s 401(k) plan, as of and for the year ended Dec. 31, 2016. After investigation, the ECA (Ethics Charging Authority) found prima facie evidence of violations of General Standards Rule (1.300.001) .01a. Professional Competence; General Standards Rule (1.300.001) .01b. Due Professional Care; Compliance with Standards Rule (1.310.001); Accounting Principles Rule (1.320.001); and Governmental Bodies, Commissions, or Other Regulatory Agencies (1.400.050). (Published March 2022.)
ALAN M. YEDIN, Merrick, N.Y., was terminated from membership in the NYSSCPA, effective June 8, 2021, as a result of a decision of a hearing panel of the Joint Trial Board. Yedin was found guilty of violating Article XIII (formerly Article II)– Professional Conduct and Disciplinary Proceedings, Section 12(b). Failure to Cooperate or Comply, by virtue of his failure to comply with the remedial and/or corrective action, as directed by the Ethics Charging Authority (ECA) in a settlement agreement. (Published March 2022.)
JOHN E. KLENNER, NEW YORK, NY, was suspended from membership for two years, effective September 24, 2020, under the provisions of NYSSCPA bylaws Article XIII (formerly Article XII) - Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline. The action was based on the Public Company Accounting Oversight Board's (PCAOB) Release No. 105-2020-013, "Order Instituting Disciplinary Proceedings, Making Findings, and Imposing Sanctions". Through an Offer of Settlement, which was accepted by the PCAOB, in which Klenner neither admitted or denied the findings, except as to the PCAOB's jurisdiction and the subject matter of the Order, he was barred from being an associated person of a registered public accounting firm, and may file a petition with the PCAOB, after two years from the date of the Order, for PCAOB consent for reinstatement as an associated person. Before filing the petition, Klenner is required to complete 40 hours of continuing professional education(CPE)related to PCAOB auditing standards (such hours shall be in addition to CPE he is required to obtain in connection with any professional license). If reinstated, certain restrictions are placed on the type of services Klenner may perform for one year following reinstatement. In addition, a civil money penalty of $25,000 was imposed on Klenner. The PCAOB found violations of PCAOB rules and auditing and related professional practice standards by Klenner as the engagement partner on the audits of the financial statements of an issuer for the years ended December 31, 2013 and 2014. Violations include failure to perform appropriate procedures regarding significant unusual items, failure to obtain sufficient appropriate audit evidence, and failure to exercise due professional care, including professional skepticism. The PCAOB’s Order can be found here. (Published March 2021)
STEVEN L. HENNING, Stamford, CT, had his membership in the NYSSCPA terminated, effective January 29, 2020, under the provisions of Article XIII (formerly Article XII) – Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, the SEC denied Mr. Henning the privilege of appearing or practicing before the SEC. The action was based on the SEC’s “Order of Suspension Pursuant to Rule 102(e)(2) of the Commission’s Rules of Practice.” Further details regarding the SEC’s Order can be found here. As stated in the Order, a judgment of conviction was entered in the United States Attorney’s Office for the Southern Director of New York, where Mr. Henning was found guilty of two counts of wire fraud, a felony. (published March 2021).
JAMES H. LIGGETT, New York, N.Y., was suspended from membership for two years, effective August 25, 2020, under the provisions of NYSSCPA bylaws Article XIII (formerly Article XII)- Professional Conduct and Disciplinary Proceedings, Section 5, Automatic Discipline. The action was based on the Public Company Accounting Oversight Board's (PCAOB) Release No. 105-2020-010, "Order Instituting Disciplinary Proceedings, Making Findings, and Imposing Sanctions". Through an Offer of Settlement, which was accepted by the PCAOB, in which Liggett neither admitted or denied the findings, except as to the PCAOB's jurisdiction, he was barred from being an associated person of a registered public accounting firm, and may file a petition with the PCAOB, after two years from the date of the Order, for PCAOB consent for reinstatement as an associated person. If reinstated, certain restrictions are placed on the type of services Liggett may perform for one year following reinstatement. In addition, a civil money penalty of $20,000 was imposed on Liggett. The PCAOB found violations of PCAOB rules and related professional standards by Liggett as the engagement partner on two audits. Violations included failure to obtain sufficient appropriate audit evidence and exercising due professional care, including professional skepticism. The PCAOB's Order can be found here. (published January 2021)
John T. Cheek, Rochester, N.Y., was terminated from membership, effective August 18, 2020, as a result of a decision of a hearing panel of the Joint Trial Board. Cheek was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12(b) by virtue of his failure to comply with the educational and remedial or corrective action as directed by the ECA in a modified letter for required corrective action. (Published October 2020)
MITCHELL L. KLEIN, New City, N.Y., had his membership in the NYSSCPA terminated, effective Sept.12, 2019, as a result of a decision by a hearing panel of the Joint Trial Board. Klein was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate or Comply. Klein failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents. (Published November/December 2019)
MITCHELL J. RUBIN, Chappaqua, N.Y., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Rubin’s NYSSCPA membership was terminated, effective May 7, 2019, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Rubin the privilege of appearing or practicing before the SEC as an accountant. This action is based on the SEC’s Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Section 4C and 21C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order. According to the SEC’s findings, Rubin engaged in improper professional conduct by violating auditing standards established by the Public Company Accounting Oversight Board (PCAOB). He was the engagement partner during the audits of a temporary staffing services company from 2009 through 2013. During the audits of the company’s 2012 financial statements, Rubin and the engagement quality reviewer prepared and authorized issuance of the audit reports filed with the SEC that falsely stated that they had conducted the December 2012 audit in accordance with PCAOB standards, when, in fact, the audit was so deficient that it amounted to no audit at all.Details regarding the SEC’s order can be found here. (Published September/October 2019)
ALLEN F. MAIKELS, Albany, N.Y., was terminated from membership, effective June 8, 2019, as a result of a decision of a hearing panel of the Joint Trial Board. Maikels was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate or Comply. Maikels failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents. (Published September/October 2019)
CHARLES E. LAWRENCE III, Fairfield, Conn., had his NYSSCPA membership terminated under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 2. Criminal Conviction of Member, and Section 5. Automatic Discipline, effective April 23, 2019. The action was based on a final judgment of conviction for a crime punishable by imprisonment for more than one year. Lawrence was found guilty of violating Connecticut Statutes 53a-71(a)(1), Attempt to Commit Sex 2-Victim 13-15Y, ACTR>3Y Older; 53-21(a)(2), Attempt to Commit Illegal Sexual Contact-Victim<Age 16; and 53a-90a(a), Enticing a Minor by Computer.
(Published July/August 2019)
LEV NAGDIMOV, Scarsdale, N.Y., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Nagdimov’s NYSSCPA membership was terminated, effective Oct.12, 2018, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Nagdimov the privilege of appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after five years from the effective date of the SEC’s order. This action is based on the SEC’s “Order Instituting Public Administrative Proceedings Pursuant to Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions.” Based on the SEC’s findings, Nagdimov engaged in improper professional conduct by violating auditing standards established by the Public Company Accounting Oversight Board (PCAOB). He directed the audit team to predate their incomplete work papers and audit programs, and he failed to exercise due professional care and to properly supervise the audit and the work of audit team members. Details regarding the SEC’s order can be found here.
(Published May/June 2019)
CHRISTOPHER J. CHALAVOUTIS, Carle Place, N.Y., was expelled from membership, effective Aug. 29, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on a final judgment of conviction in the case of the United States of America v. Christopher Chalavoutis, in which Chalavoutis pleaded guilty to violating Title 18 U.S.C. Section 1956(a),(b),(h); 1957(d)(1)—Conspiracy to Commit Money Laundering, which is a crime punishable by imprisonment for more than one year. (Published December 2018)
ROBERT K. STEWART, Blue Point, N.Y., was expelled from membership, effective May 16, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Securities and Exchange Commission’s (SEC) “Order of Suspension Pursuant to Rule 102(e)(2) of the Commission’s Rules of Practice.” Further details regarding the SEC’s order can be found here. As stated in the order, a judgment of conviction was entered in the United States District Court for the Southern District of New York, where Stewart was found guilty of one count of conspiracy to commit securities fraud and fraud in connection with a tender offer, a felony. (Published August/September 2018)
SILFORD M. WARREN, Rosedale, N.Y., was expelled from membership, effective Jan. 9, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, in connection with disciplinary action taken by the New York State Education Department, Board of Regents. Warren submitted an application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 28910). The Board of Regents granted the request by vote on Oct. 17, 2017. In said application, Warren admitted guilt to one specification of professional misconduct, charging him with being convicted of committing an act constituting a crime under federal law (Willful Failure to Collect or Pay Over Tax, a felony), in violation of 26 U.S.C. Section 7202. (Published June/July 2018)
Jeffrey R. Pearlman, New City, N.Y., was expelled from membership, effective May 31, 2017, as a result of acceptance of a guilty plea by the Joint Trial Board, in lieu of a disciplinary hearing. Pearlman pleaded guilty to violating NYSSCPA bylaws Article XII—Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate or Comply. Pearlman failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents. (Published November/December 2017).
Domenick F. Consolo, Yorktown Heights, N.Y., was expelled from membership, effective Feb.13, 2017, under the automatic disciplinary provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, in connection with action taken by the Securities and Exchange Commission (SEC). Specifically, through an “Offer of Settlement,” and without admitting or denying the charges, the SEC denied Consolo the privilege of appearing or practicing before the SEC as an accountant. The decision was based on the SEC’s findings that Consolo, as the audit partner, issued audit reports for fiscal years ending Dec. 31, 2009, through Dec. 31, 2014, stating that an incorporated municipality and a local development corporation’s financial statements were presented fairly, in all material respects, in conformity with generally accepted accounting principles (GAAP), and that the audits were performed in accordance with generally accepted auditing standards (GAAS). These statements were false in that the financial statements were not fairly presented, in all material respects, in conformity with GAAP, and the audits were not performed in accordance with GAAS. (Published September/October 2017).
Md Hyder Alam, Jamaica, N.Y., was expelled from membership, effective May 15, 2017, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, in connection with disciplinary action taken by the New York State Education Department, Board of Regents. Alam submitted an application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 28039). The Board of Regents granted the request by vote on March 13, 2017. In said application, Alam admitted guilt to one specification of professional misconduct charging him with being convicted of committing an act constituting a crime under New York state law (Attempted Grand Larceny in the Fourth Degree, a class A misdemeanor). (Published September/October 2017).
Lawrence J. Herzing, Brewster, N.Y., was expelled from membership, effective May 15, 2017, under the automatic disciplinary provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, based on his application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 29126), which was approved by vote of the Board of Regents on Sept. 13, 2016. In such application, Herzing did not contest two specifications of professional misconduct in violation of Section 6509(5)(a)(ii) of the New York State Education Law, charging him with being convicted of an act constituting a crime under federal law (Fraud by Wire, Radio or Television, a felony), in violation of 18 U.S.C. Section 1343, and Section 6509(5)(a)(i) (Assault in the Second Degree, a felony), to which he entered a guilty plea. (Published September/October 2017).
George T. Rhein, of Lake Grove, N.Y., had his membership in the NYSSCPA terminated, effective July 7, 2016 as a result of a decision by a hearing panel of the Joint Trial Board. Rhein was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate, in that he failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents. (Published November/December 2016)
Reid A. Hackney, of San Antonio, TX, had his membership in the NYSSCPA terminated, effective August 31, 2016, under the provisions of Article XII – Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission’s (SEC). Hackney submitted an Offer of Settlement, which the SEC accepted. Specifically, the SEC denied Hackney the privilege of appearing or practicing before the SEC as an accountant. He was prohibited from acting as an officer or director of any issuer that has a class of securities registered to Section 12 of the Securities Exchange Act, for a period of five years. This decision was based on the SEC’s finding that Hackney breached his duty to shareholders by engaging in insider trading of two entities in advance of public announcements, on the basis of material nonpublic information obtained from his employer. Hackney was ordered to pay disgorgement of $48,050, prejudgment interest thereon of $4,670 and a civil money penalty of $48,050, for a total of $100,770 to the SEC for transfer to the general fund of the Unites States Treasury. (Published November/December 2016)
Martin Leventhal,Glen Cove, N.Y., was expelled from membership in the NYSSCPA effective Jan. 2, 2016, as a result of a decision by a hearing panel of the Joint Trial Board. Leventhal was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooper- ate, by failing to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not complying with the directives of a letter of required corrective action. (Published July/August 2016)
Mara Citrin, East Meadow, N.Y., was expelled from membership in the NYSSCPA, effective June 7, 2016, as a result of a decision by a hearing panel of the Joint Trial Board. Citrin was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooper- ate, by failing to cooperate with the Ethics Charging Authority in its investigation of her professional conduct by not responding to interrogatories and request for documents. (Published July/August 2016)
Marc Weiselthier, Plainville, N.Y., was expelled from membership in the NYSSCPA, effective July 19, 2016, under Society bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 2(a). Criminal Conviction of Member, as a result of a final judgment of conviction for a crime punishable by imprisonment for more than one year. Wieselthier pleaded guilty to conspiracy to commit bank fraud, in violation of Title 18, U.S.C. Section 1349, in the United States District Court for the Southern District of New York, in the case of the United States vs. Marc Wieselthier. Wieselthier was sentenced to 27 months in a correctional facility. (Published July/August 2016)
Paul J. Konigsberg, of Greenwich, Conn., was automatically expelled from membership in the NYSSCPA, under Society bylaws Article XII.2–Criminal Conviction of Member, for crimes punishable by imprisonment for more than one year, effective November 24, 2015. A final judgment of conviction was entered in the United States District Court for the Southern District of New York in the case of the United States of America vs. Paul J. Konigsberg. Konigsberg pleaded guilty to violating Title 18, U.S.C. Section 371, Conspiracy to falsify books and records of a broker-dealer; falsify books and records of an investment adviser; and obstruct and impede the due administration of the IRS; and Title 15, U.S.C. Sections 78q(a) and 77ff; 17 CFR 240.17a-3, Falsifying books and records of a broker-dealer and 80b-4 and 80b-17; 17 CFR 275.204-2, Falsifying books and records of an investment adviser. (Published March/April 2016)