Disciplinary decisions 2017

Disciplinary decisions 2017

  • Disciplinary tribunal regarding allegations against Gillian Ruddy

    17/08/2017 15:10:28

    Formal allegations against Ms Gillian Ruddy, a member of Chartered Accountants Ireland, with an address in Co. Meath, were heard at a hearing before a Disciplinary Tribunal on 17 July 2017. The following findings and orders were made by the Disciplinary Tribunal: 

     A. The Disciplinary Tribunal found that Ms. G Ruddy did act in breach of:

    1. the Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015; and
    2. the Institute’s Disciplinary Bye- Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter;

    In respect of such findings the Disciplinary Tribunal made an Order that Ms Ruddy be suspended from membership of Chartered Accountants Ireland for a period of one year. In addition the Tribunal ordered that Ms Ruddy make a contribution of €1,795 towards the costs of Chartered Accountants Ireland.

    B. The Disciplinary Tribunal found that Ms. G Ruddy did act in breach of:

    1. the Institute’s Continuing Professional Development Regulation 5.3 by failing to provide CPD records for 2014 when requested to do so; and
    2. the Institute’s Disciplinary Bye- Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter;

    In respect of such findings the Disciplinary Tribunal made an Order that Ms Ruddy be severely reprimanded and fined €2,500. In addition the Tribunal ordered that Ms Ruddy make a contribution of €1,795 towards the costs of Chartered Accountants Ireland.

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


  • Disciplinary tribunal regarding allegations against Niall Sullivan

    17/08/2017 15:09:40

    Formal allegations against Mr Niall Sullivan, a member of Chartered Accountants Ireland, with an address in Cheshire, England, were heard at a hearing before a Disciplinary Tribunal on 17 July 2017. The following findings and orders were made by the Disciplinary Tribunal:

     A. The Disciplinary Tribunal found that Mr. Sullivan did act in breach of:

    1. the Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015; and 
    2. the Institute’s Disciplinary Bye- Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter;

    In respect of such findings the Disciplinary Tribunal made an Order that Mr Sullivan be severely reprimanded and fined €2,500. In addition the Tribunal ordered that Mr Sullivan make a contribution of €1,795 towards the costs of Chartered Accountants Ireland.

    B. The Disciplinary Tribunal found that Mr. Sullivan did act in breach of:

    1. the Institute’s Code of Ethics for Members (2014): Fundamental Principles; (c )  Professional Competence and Due Care by acting in breach of the Institute’s Public Practice Regulation 1.28 in failing to provide information requested by the Institute in relation to his cessation from practice; and 
    2. the Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from the Institute;

    In respect of such findings the Disciplinary Tribunal made an Order that Mr Sullivan be severely reprimanded and fined €1,500. In addition the Tribunal ordered that Mr Sullivan make a contribution of €1,795 towards the costs of Chartered Accountants Ireland.

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


  • Disciplinary tribunal regarding allegations against Niamh Armstrong

    17/08/2017 15:08:33

    Formal allegations against Ms Niamh Armstrong, a member of Chartered Accountants Ireland, with an address in Co. Wicklow, were heard at a hearing before a Disciplinary Tribunal on 17 July 2017. The following findings and orders were made by the Disciplinary Tribunal:

    The Disciplinary Tribunal found that Ms. N Armstrong, did act in breach of:

    1. the Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015; and 
    2. the Institute’s Disciplinary Bye- Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter;

    In respect of such findings the Disciplinary Tribunal made an Order that Ms Armstrong be suspended from membership of Chartered Accountants Ireland for a period of one year. In addition the Tribunal ordered that Ms Armstrong make a contribution of €3,690 towards the costs of Chartered Accountants Ireland.

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


  • Disciplinary tribunal regarding allegations against Frank Kelly

    14/07/2017 09:31:49

    Formal allegations against Mr. Frank Kelly a member of the Institute, practising as Frank Kelly & Company with an address in Co. Donegal were heard at a hearing before a Disciplinary Tribunal on 12 June 2017. The following findings and orders were made by the Disciplinary Tribunal:

    A. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:

    1. The Institute’s Code of Ethics for Members (2014): Fundamental Principles (c): Professional Competence and Due Care and (e): Professional Behaviour in failing to complete and file a client’s tax return in a timely manner; and
    2. The Institute’s Disciplinary Bye-Laws by failing to respond to or co-operate adequately with CARB in the course of disciplinary proceedings;

    In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be severely reprimanded and fined €1,000 in respect of each Allegation and make a contribution of €3,000 towards the costs of Chartered Accountants Ireland.

    B. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:

    1. The Institute’s Code of Ethics for Members (2014): Fundamental Principles (a) Integrity,(c): Professional Competence and Due Care and (e): Professional Behaviour in failing to comply with a hot file review restriction imposed on his firm on the suspension of its audit registration; and
    2. The Institute’s Audit Regulation 2.08 and the Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from CARB.

    In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be excluded from membership of Chartered Accountants Ireland and fined €5,000 in respect of Allegation No.1 and be severely reprimanded and fined €1,000 in respect of Allegation No.2. In addition the Tribunal ordered that Mr Kelly make a contribution of €5,000 towards the costs of Chartered Accountants Ireland.

    C. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:

    1. The Institute’s Code of Ethics for Members (2014): Fundamental Principle (c): Professional Competence and Due Care by acting in breach of the Institute’s Public Practice Regulation 1.28, the Institute’s Audit Regulation 2.10A and the Institute’s Investment Business Regulation1.17 in failing to provide information requested by CARB in relation to his cessation from practice; and
    2. The Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from CARB.

    In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be severely reprimanded and fined €1,000 in respect of each allegation. In addition the Tribunal ordered that Mr Kelly make a contribution of €4,000 towards the costs of Chartered Accountants Ireland.

    D. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:

    1. The Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015:
    2. The Institute’s Disciplinary Bye-Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter

    In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be reprimanded and fined €1,000 in respect of Allegation No.1 and be severely reprimanded and fined €1,000 in respect of Allegation No.2. In addition the Tribunal ordered that Mr Kelly make a contribution of €4,000 towards the costs of Chartered Accountants Ireland.

    Reference: Graham Bloomfield, Gibney Communications

    Ph: 01 6610 402


  • Decision regarding an allegation against Mr. E.R. Twomey

    03/05/2017 13:25:31

    At hearings held on 10 November 2016 & 11 April 2017 a Disciplinary Tribunal found that:

    Mr. E. R. Twomey, a member of the Institute of Chartered Accountants in Ireland (“the Institute”), with an address at Midleton, Co Cork did act in breach of:

    1. CARB’s Public Practice Regulations: 7.9 and 1.28 by failing to:
    2. a. demonstrate that he had obtained Professional Indemnity Insurance run-off cover;

      b. confirm that he was not conducting any accountancy activities within the parameters of CARB’s Public Practice and Audit Regulations; and

      c. co-operate with CARB’s Quality Assurance Committee; and

    3. the Institute’s Disciplinary Bye-Laws by failing to respond to correspondence from CARB. 

    Following the variance of the Disciplinary Tribunal’s Order by an Appeal Tribunal Mr. Twomey was declared ineligible to hold a practising certificate, severely reprimanded and fined €1,500. 

    Reference: Graham Bloomfield, Gibney Communications

    Ph: 01 6610 402


  • Decision regarding an allegation against Mr. N. Cushnahan

    03/05/2017 13:24:03

    At hearings held on 14 December 2016 and 27 March 2017 a Disciplinary Tribunal found that Mr. N. Cushnahan, a member of the Institute and a partner in the practice of Houlihan Cushnahan & Co., with an address at 1 – 4 Adelaide Road, Glasthule, Co Dublin did act in breach of the Institute’s Disciplinary Bye-Laws by failing to co-operate adequately with CARB’s investigations being carried out under the Disciplinary Bye-Laws;

    The Disciplinary Tribunal made an Order that Mr. Cushnahan be severely reprimanded and fined €3,000.

    The Disciplinary Tribunal further ordered that Mr. Cushnahan pay €16,870 towards the costs of Chartered Accountants Ireland.

    Reference: Graham Bloomfield, Gibney Communications

    Ph: 01 6610 402


  • Decision regarding an allegation against Frank McDonagh & Co

    03/05/2017 13:26:26

    At a hearing held on 10 March 2017 a Disciplinary Tribunal found that Frank McDonagh & Co., a member firm of the Institute, with an address at Shangort, Knocknacarra Cross, Galway did act in breach of:

    1. the Institute’s Code of Ethics for Members: Fundamental Principle (c) Professional Competence and Due Care by failing to comply with Audit Regulations in carrying out audit work for clients; and
    2. the Institute’s Code of Ethics for Members: Fundamental Principles (a) Integrity, (b) Objectivity and (c) Professional Competence and Due Care and Audit Regulation 6.06 by providing incorrect information in its annual return for 2014 and in pre-visit information provided to an inspector from the Chartered Accountants Regulatory Board;

    The Disciplinary Tribunal made an Order that the firm be fined €5,000 in respect of allegation No1 and fined €250 in respect of allegation No. 

    The Disciplinary Tribunal further ordered that the firm pay €7,392 towards the costs of Chartered Accountants Ireland.

    Reference: Graham Bloomfield, Gibney Communications

    Ph: 01 6610 402


  • Decision of a Disciplinary Tribunal regarding allegations against Mr Eamonn O'Sullivan

    17/05/2018 11:33:07

    Findings and Orders

    On the 16th day of February 2017 a Disciplinary Tribunal of the Chartered Accountants Regulatory Board ("CARB") found that Mr Eamonn O'Sullivan, a member of the Institute, currently practising as O'Sullivan Associates Accountants Limited, with an address at 69 Main Street, Blackrock, Co. Dublin, did act in breach of the Institute's Code of Ethics for Members: Fundamental Principles (a) Integrity, (c) Professional Competence and Due Care and (e) Professional Behaviour in that he:
    (i) Acted in breach of the Public Practice Regulations by engaging in public practice whilst he was suspended from membership of the Institute and during which period he did not hold a practising certificate;
    (ii) Signed and issued audit reports on company accounts whilst he was not a registered auditor;
    (iii) Submitted company accounts to the Companies Registration Office that had not been signed by a Registered Auditor;
    and is accordingly liable to disciplinary action under the Institute's Disciplinary Bye-Laws.

    The Disciplinary Tribunal noted Mr O'Sullivan's acceptance of the terms of the Formal Allegation and accordingly found the Formal Allegation proven against Mr O'Sullivan.

    The Disciplinary Tribunal ordered as follows, that Mr O'Sullivan be severely reprimanded and that he pay a fine of €2,500.

    This order takes effect from the 16th day of February 2017.

    Background and Outline of Disciplinary Matter

    This Disciplinary matter was concluded in accordance with the settlement provisions set out in the Disciplinary Regulations of Chartered Accountants Ireland.

    The member, Mr O'Sullivan, practised as O'Sullivan Associates prior to his suspension on 1st October 2011.  The member's practising certificate was withdrawn on his suspension from membership on 1st October 2011 and he did not hold a practising certificate until a restricted practising certificate was granted on 20 January 2015.  The member continued in public practice as O'Sullivan Associates between 1st October 2011 and 20th January 2015 and also practised as a Principal in O'Sullivan Associates Accountants Limited between 18th March 2014 and 20th January 2015, in breach of the Public Practice Regulations.

    The member signed and issued audit reports on company accounts whilst he was not a registered auditor and whilst he did not hold audit registration.  The member also submitted company accounts to the Companies Registration Office that had not been signed by a registered auditor.

    Identification of Appropriate Orders

    In accordance with the applicable Guidance in relation to Sanctions and Orders the Disciplinary Tribunal considers the findings and orders made as appropriate having regard to the extensive Investigation conducted and having regard to the submissions made on behalf of the Member.

    Reference: Graham Bloomfield, Gibney Communications
    Ph: 01 6610 402


  • DISCIPLINARY TRIBUNAL REGARDING AN ALLEGATION AGAINST REDDY O’CONNOR

    19/09/2017 12:04:50

    A Formal allegation against Reddy O’Connor & Co., a member firm of the Institute, with an address at Troon Lodge, Ballycrane, Wexford, Co. Wexford was heard at a hearing before a Disciplinary Tribunal on 8 May 2017. The following findings and order was made by the Disciplinary Tribunal;

    The Disciplinary Tribunal found that Reddy O’Connor did act in breach of:

    1. the Institute’s Code of Ethics for Members Fundamental Principle: (a) Integrity and Public Practice Regulation 1.28 by providing incorrect information in its annual return for 2013 in that appropriate money laundering policies and procedures were not in place and money laundering training had not been obtained;
    2. the Institute’s Code of Ethics for Members Fundamental Principle: (c) Professional Competence and Due Care by failing to comply with Audit Regulations in carrying out audit work for clients: and
    3. the Institute’s Code of Ethics for Members Fundamental Principle: (a) Integrity and Audit Regulation 6.06 by incorrectly declaring in its annual return for 2013 that CPD  requirements has been met by the principal of the firm;

    In respect of such findings the Disciplinary Tribunal made an Order that the firm of Reddy O’Connor be prohibited from describing itself as “Chartered Accountants” for a specified period of five years and fined €4,500.

    It was further ordered that the firm of Reddy O’Connor and Mr Nicholas O’Connor should be jointly and severally liable to pay a sum of €11,010 as a contribution towards the costs of Chartered Accountants Ireland. This order did not relate exclusively to these findings.

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


  • DISCIPLINARY TRIBUNAL REGARDING ALLEGATIONS AGAINST NICHOLAS O’CONNOR

    19/09/2017 12:08:05

    Formal allegations against Mr. Nicholas O’Connor, a member of the Institute with an address at in Co. Wexford were heard at a hearing before a Disciplinary Tribunal on 8 May 2017. The following findings and orders were made by the Disciplinary Tribunal;

    A.    The Disciplinary Tribunal found that Mr. Nicholas O’Connor did act in breach of:

    1. the Institute’s Code of Ethics for Members (2014): Fundamental Principles: (c) Professional Competence and Due Care by acting in breach of the Institute’s Public Practice Regulation 1.28 and the Institute’s Investment Business Regulation 1.17 in failing to provide information requested by CARB in relation to his cessation from practice; and
    2. the Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from CARB;

    In respect of such findings the Disciplinary Tribunal made an Order that Mr. Nicholas O’Connor be excluded from membership of Chartered Accountants Ireland.

    B.   The Disciplinary Tribunal found that Mr. Nicholas O’Connor did act in breach of:

    1. the Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015; and
    2. the Institute’s Disciplinary Bye-Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter.

    In respect of such findings the Disciplinary Tribunal made an Order that Nicholas O’Connor be fined €1,500 in respect of allegation No 1 and fined €750 in respect of allegation No 2.

    It was further ordered that the firm of Reddy O’Connor and Mr Nicholas O’Connor should be jointly and severally liable to pay a sum of €11,010 as a contribution towards the costs of Chartered Accountants Ireland. This order did not relate exclusively to these findings.

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


  • Decision of a Disciplinary Tribunal regarding an allegation against Mr Jon Dickinson

    01/12/2017 14:10:14

    On the 3rd day of November 2017 a Formal Allegation of misconduct was found proven in relation to Mr Jon Dickinson, a member of the Institute, with an address in Belfast, on the basis that he acted in breach of the Institute’s Code of Ethics for Members: Fundamental Principles (a) Integrity, (b) Objectivity, and (c) Professional Competence and Due Care  and (e) Professional Behaviour by threatening to remove a client’s status of confidentiality and report transactions concerning the client to HMRC unless outstanding fees due to the member were paid by a specific date and time.

     

    The Tribunal noted Mr Dickinson’s acceptance of the terms of the Formal Allegation and accordingly found the Formal Allegation proven against Mr Dickinson.

     

    The Disciplinary Tribunal orders that Mr Jon Dickinson be severely reprimanded, a fine of €2,500, and a €1,000 towards costs.

     

    This order takes effect from the 3rd day of November 2017.

     

    BACKGROUND AND OUTLINE OF DISCIPLINARY MATTER

     

    This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations.

    The complaint concerns a letter written “Without Prejudice”, the letter contains a threat that if the client of the complainant did not pay a sum of money before a specific date and time the member would remove his status regarding client confidentiality and would report full details of the client’s transactions with a Swiss Bank to HMRC with immediate effect including all files, bank account details and contacts with them to fully investigate the client.  

    IDENTIFICATION OF APPROPRIATE ORDERS

     

    The Disciplinary Tribunal considers the findings and orders made as appropriate having regard to Chartered Accountants Ireland’s Guidance in relation to Sanctions and Orders.

     

    Reference: Karen Jones, Gibney Communications

    Ph: 01 6610 402


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