Disciplinary decisions 2022

Disciplinary decisions 2022

• Outcome of a Disciplinary Tribunal regarding allegations against Mr Raymond Smyth

  (?)

  13/12/2022 09:56:00

  (?)

  A Hearing in respect of A Formal Allegation against Mr Raymond Smyth, a member of Chartered Accountants Ireland (the “Institute”), with an address in Tallaght, Dublin 24 was heard before a Disciplinary Tribunal on 16 September 2022. The following findings and Orders were made by the Disciplinary Tribunal;

  The Disciplinary Tribunal found that Raymond A Smyth a member of the Institute practising as Smyth & Company, a member firm with an address in The Village Square, Tallaght, Dublin 24 did act in breach of the Institute’s Disciplinary Bye-law 7 by failing to cooperate with the Institute’s Disciplinary process and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-laws.

  The Disciplinary Tribunal, having found the formal allegation proven, ordered that Mr Smyth be severely reprimanded, fined in the amount of €6,800, and that he pay €20,358 towards the costs of the Institute.

  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Raymond Smyth

  ---

• Outcome: Hearing before an Appeal Tribunal regarding allegations against Jonathan O'Connor

  (?)

  11/11/2022 13:02:31

  (?)

  An appeal in respect of findings and orders made by a Disciplinary Tribunal was heard before an Appeal Tribunal on 18 October 2022. The Appeal Tribunal affirmed the following finding of the Disciplinary Tribunal:

  That Mr Jonathan O’Connor, a member of the Institute, practising as Grimes & O’Connor (now a former member firm of the Institute) with an address at 1 Royal Marine Terrace, Bray, Co. Wicklow did act in breach of the Institute’s Code of Ethics for Members (2016): Fundamental Principle (e): Professional Behaviour in that without first checking, he filed accounts for 3 companies which contained audit reports purportedly signed and dated by a registered auditor when that registered auditor had not carried out audits of those companies for the relevant years.

  The Appeal Tribunal affirmed the Disciplinary Tribunal’s order of reprimand and varied the order of the Disciplinary Tribunal in respect of the fine by reducing the fine to €3,000. The Appeal Tribunal did not vary the costs order made by the Disciplinary Tribunal and imposed a further order in respect of the costs of the Appeal such that the total costs ordered is in the amount of €25,608.

  These findings and orders take effect from 7 November 2022.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome: Hearing before an Appeal Tribunal regarding allegations against Jonathan O'Connor

  ---

• Outcome of a Disciplinary Tribunal regarding allegations against Mr Gregory Orton

  (?)

  03/11/2022 16:11:40

  (?)

  A Hearing in respect of a Formal Allegation against was heard before a Disciplinary Tribunal on 22 September 2022. The Disciplinary Tribunal made the following finding and Order;

  The Disciplinary Tribunal found that Mr Orton, with an address in Singapore failed to respond to correspondence from the Investigator and thereby failed to co-operate with the Institute’s disciplinary process.

  The Disciplinary Tribunal, having found the Formal Allegation proven, ordered that the member be reprimanded and fined €1,000. Further it was ordered that he pay €5,468 towards the costs of Chartered Accountants Ireland.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Gregory Orton

  ---

• Outcome of a Disciplinary Tribunal regarding allegations against Mr Kut Cheong Tham

  (?)

  03/11/2022 16:06:55

  (?)

  A Hearing in respect of a Formal Allegation against was heard before a Disciplinary Tribunal on 22 September 2022. The Disciplinary Tribunal made the following findings and Orders;

  The Disciplinary Tribunal found that Mr Kut C Tham, with an address in Malaysia:

  1. Failed to submit his Individual Annual Return (IAR) for 2019 and has therefore failed to submit a Continuing Professional Development (CPD) declaration for that year in breach of CPD Regulations; and
  2. Failed to co-operate with the QAC in regard to the above; and
  3. Failed to respond to correspondence from the Investigator and thereby failed to co-operate with the Institute’s disciplinary process.

  The Disciplinary Tribunal found the Formal Allegations proven and ordered that in respect of matters 1 & 2 the member be reprimanded and fined €2,500. In respect of matter 3, the member be severely reprimanded and fined €2,500. Further that he pays €5,468 towards the costs of Chartered Accountants Ireland.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Kut Cheong Tham

  ---

• Outcome of a Disciplinary Tribunal regarding allegations against Mr Martin McLaughlin

  (?)

  03/11/2022 16:00:05

  (?)

  A Formal Allegation against Martin McLaughlin, a member of Chartered Accountants Ireland (the “Institute”), with an address in Dublin 17 was heard before a Disciplinary Tribunal on 21 September 2022. The following finding and Order were made by the Disciplinary Tribunal;

  The Disciplinary Tribunal found that the member failed to cooperate with the Institute’s disciplinary process and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-laws.

  The Disciplinary Tribunal, having found the Formal Allegation proven, ordered that the member be excluded from membership of Chartered Accountants Ireland and pays €2,839 towards the Institute’s costs.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Martin McLaughlin

  ---

• 2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Martin McLaughlin

  (?)

  03/11/2022 16:03:18

  (?)

  A Formal Allegation against Martin McLaughlin, a member of Chartered Accountants Ireland (the “Institute”), with an address in Dublin 17 was heard before a Disciplinary Tribunal on 21 September 2022. The following finding and Order were made by the Disciplinary Tribunal;

  1. That the member failed to co-operate with the Institute’s QAC and failed to provide a signed declaration confirming that he was no longer practicing after the withdrawal of his practicing certificate within the requested timeframe(s).
  2. That the member failed to respond to correspondence from the Investigator and thereby failed to co- operate with the Institute’s disciplinary process.

  The Disciplinary Tribunal having found the Formal Allegation proven ordered that the member be excluded from membership of Chartered Accountants Ireland and that he pays €5,677 towards the Institute’s costs.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Martin McLaughlin

  ---

• Outcome of a Disciplinary Committee regarding allegations against Mr Trevor Tully

  (?)

  31/08/2022 12:09:31

  (?)

  A Hearing in respect of a Formal Allegation against Mr Trevor Tully with an address in Hong Kong was heard before a Disciplinary Tribunal on 7 July 2022. The Disciplinary Tribunal made the following findings and Orders;

  The Disciplinary Tribunal found:

  1). That the member:

  1. Failed to submit his Individual Annual Return (IAR) for 2018 and has therefore failed to submit a Continuing Professional Development (CPD) declaration for that year in breach of CPD Regulations; and
  2. Failed to co-operate with the QAC in regard to the above.

  2). That the member failed to respond to correspondence from the Investigator and thereby failed to co- operate with the Institute’s disciplinary process.

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the member be reprimanded and fined €2,500 and that he pays €3,383 towards the costs of Chartered Accountants Ireland.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Committee regarding allegations against Mr Trevor Tully

  ---

• Outcome of a Disciplinary Committee regarding allegations against Mr Peter Houlihan

  (?)

  09/08/2022 12:19:22

  (?)

  It was found that Mr. P.A. Houlihan, a member of the Institute while a partner in Houlihan Cushnahan & Co. (No longer operating), with an address at 1-4 Adelaide Road, Glasthule, Co. Dublin acted in breach of the Institute's Code of Ethics for Members (2011-2014): Fundament Principles (b) Objectivity, and (c): Professional Competence and Due Care in that he:

  1. failed to:
     1. ensure that a business structure which he advised for a client was planned and implemented in an adequate manner so as to achieve its purpose;
     2. provide adequate documentary evidence that he advised the client of:
     1. the documentary and evidential requirements that were required to effectively implement the advice;
     2. the potential costs, risks and tax savings to be expected from the business structure.
  2. failed to obtain adequate supporting documentary evidence for the allowability of certain expenses included in the accounts and tax returns
  3. included business expenses in a client's tax returns which he ought to have known were not valid expenses for tax purposes

  and is therefore liable to disciplinary action in accordance with the Institute's Disciplinary Bye-Laws. The Disciplinary Tribunal ordered:

  • €5,000 fine;
  •  €7,500 contribution to costs;
  •  Severe reprimand

  Reference: Karen Jones, Gibney Communications

  Ph: 01 6610 402

  Outcome of a Disciplinary Committee regarding allegations against Mr Peter Houlihan

  ---

• Outcome of a Disciplinary Committee regarding allegations against Mr Declan Quinn

  (?)

  28/07/2022 09:49:32

  (?)

  The following Formal Allegation heard before a Disciplinary Tribunal on 10 May 2022:

  That Mr Declan Quinn, a member of the Institute, formerly practising as McElroy and Company Limited and McElroy Quinn Limited, with an address in Co. Tyrone, 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 by:
     (a) acting in breach of the Institute’s Public Practice Regulation 1.28 and Audit Regulations 2.08 and 2.10A in failing to provide information requested by the Institute in relation to the withdrawal of his practising certificate and his firm’s audit registration; and
     (b) acting in breach of the Institute’s Public Practice Regulation 7.11 by failing to maintain PII cover for two years after the withdrawal of his practising certificate; and
  2. the Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from the Institute;

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the member be excluded from membership of Chartered Accountants Ireland and pay a contribution towards costs in the amount of €6,250.    The orders took effect on 19 July 2022.
  
  Disciplinary Tribunal regarding allegations against Declan Quinn

  The following Formal Allegation heard before a Disciplinary Tribunal on 10 May 2022:

  That McElroy Quinn Limited, a former member firm of the Institute with an address at, Donaghmore, Co. Tyrone, did act in breach of:

  1. the Institute’s Code of Ethics for Members (2012 - 2014): Fundamental Principles: (c): Professional Competence and Due Care and (e): Professional Behaviour in failing to provide information requested by the liquidator and former directors of a company to which it provided accountancy services; and
  2. the Institute’s Disciplinary Bye-Laws by failing to respond or co-operate adequately or at all to CARB in the course of disciplinary proceedings.

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the former member firm be severely reprimanded, prohibited from using the description “Chartered Accountants” for a period of 10 years and that it pay a contribution towards costs in the amount of €6,250.  The orders took effect on 19 July 2022.
  
  Disciplinary Tribunal regarding allegations against Declan Quinn

  The following Formal Allegation heard before a Disciplinary Tribunal on 10 May 2022:

  That Mr. Declan Quinn, a member of the Institute, and a director of McElroy and Company Limited practising as McElroy Quinn Chartered Accountants, in  Co. Fermanagh, did act in breach of his duty to co-operate with the disciplinary process as set out in Disciplinary Bye-Law 5.1 by failing to respond to correspondence from CARB.

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the member be excluded from membership of Chartered Accountants Ireland and pay a contribution towards costs in the amount of €2,500. The orders took effect on 19 July 2022.
  
  Disciplinary Tribunal regarding allegations against Declan Quinn

  The following Formal Allegation heard before a Disciplinary Tribunal on 10 May 2022:

  That Mr. Declan. E. Quinn, a member of the Institute and a director of McElroy and Company Ltd, practising as McElroy Quinn, with an address in Co. Tyrone did act in breach of the Institute’s Disciplinary Bye-Law 5.1 requiring members to co-operate at every phase of the disciplinary process by failing to respond to correspondence from CARB (the Chartered Accountants Regulatory Board);

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the member be excluded from membership of Chartered Accountants Ireland and pay a contribution towards costs in the amount of €2,500.   The orders took effect on 19 July 2022.
  
  Disciplinary Tribunal regarding allegations against Declan Quinn

  The following Formal Allegation heard before a Disciplinary Tribunal on 10 May 2022:

  That Mr. Declan Quinn, a member of the Institute, and a director of McElroy and Company Limited practising as McElroy Quinn Chartered Accountants, with an address in Co. Fermanagh, did act in breach of his duty to co-operate with the disciplinary process as set out in Disciplinary Bye-Law 5.1 by failing to respond to correspondence from CARB (the Chartered Accountants Regulatory Board);

  The Disciplinary Tribunal found the Formal Allegation proven and ordered that the member be excluded from membership of Chartered Accountants Ireland and pay a contribution towards costs in the amount of €2,500.  The orders took effect on 19 July 2022.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Committee regarding allegations against Mr Declan Quinn

  ---

• Outcome of a Disciplinary Tribunal regarding allegations against Mr Peter Fitzpatrick

  (?)

  26/09/2022 08:56:21

  (?)

  Finding and Order

  A Disciplinary Tribunal of Chartered Accountants Ireland (the "Institute") has found that Mr Peter Fitzpatrick with an address in County Dublin, a Member of Chartered Accountants Ireland and former Group Finance Director of Irish Life and Permanent, in relation to certain transactions between Anglo Irish Bank PLC and Irish Life and Permanent PLC in March and September 2008, by failing to bring the said transactions to the attention of the Board of Irish Life and Permanent PLC did engage in conduct which ought to have been aware was likely to bring discredit to himself, the Institute or the profession of accountancy and thereby constitutes misconduct.

  The Disciplinary Tribunal made an order as to sanction for the Member to be subject to a severe reprimand and that he make a contribution to costs in the sum of €10,000 plus applicable VAT. The Disciplinary Tribunal also noted the Member's undertaking to resign his membership of the Institute.

  This order took effect from 16 September 2022.

  Background and Outline of Disciplinary Matter

  The Member Mr Peter Fitzpatrick was Group Finance Director of Irish Life and Permanent PLC until his resignation in February 2009. Following referral of a complaint to the Chartered Accountants Regulatory Board, a Special Investigator was appointed for the purpose of investigating the state of awareness and the involvement of the Member Mr P Fitzpatrick in certain transactions which took place in March and September 2008 involving the provision of financial support between Anglo Irish Bank and Irish Life and Permanent PLC and the Member's failure to bring the September 2008 transactions to the attention of the Board of Irish Life and Permanent PLC. After a thorough investigation, with which the Member cooperated, the Special Investigator reported to the Complaints Committee of the Chartered Accountants Regulatory Board on 8 December 2010. In that report, he certified that in his opinion, as a result of his investigation, the Member Mr P Fitzpatrick was liable to disciplinary action. A prima facie case was referred in turn by the Complaints Committee to the Disciplinary Tribunal as a formal complaint. A Disciplinary Tribunal, having considered the matter, made the above finding and order.

  This matter was concluded in accordance with the settlement provisions set out in the lnstitute's Disciplinary Regulations, the Proposed Terms of Settlement having been approved by the Disciplinary Tribunal on 16 September 2022.

  Identification of Appropriate Orders

  Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning, the applicable guidelines on settlement and the particular facts and circumstances of the matter before it.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Peter Fitzpatrick

  ---