Disciplinary decisions 2023

Disciplinary decisions 2023

• Decision of the Acting Head of Professional Conduct regarding allegations against a member firm

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  04/03/2025 14:50:48

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  Finding and Order

  That a member firm of the Institute, with an address in Northern Ireland did act in breach of the Code of Ethics for Members (2020): Fundamental Principles (c ) Professional Competence and Due Care in that a Reporting Accountants Report in respect of a solicitor firm, issued to the Law Society of Northern Ireland was not in compliance with the Solicitors’ Accounts Regulations 2014

  and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-Laws.

  The Acting Head of Professional Conduct finds the member’s actions amount to poor professional performance.

  The Acting Head of Professional Conduct finds the Formal Allegation proven and makes an Order as to Sanction that the Member be subject to a reprimand, a fine of €1,500 and a contribution to costs in the amount of €200.

  This order took effect from 5 October 2023.
  

  Background and outline of disciplinary matter

  The member firm issued a report to the Law Society that was not in compliance with the Solicitors’ Accounts Regulations 2014. While breaches had been identified, due to an administration error these were not reproduced onto the final report.
  

  Identification of appropriate orders

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

  
  
  Decision of the Acting Head of Professional Conduct regarding allegations against a member firm

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• Outcome of a Disciplinary Tribunal regarding allegations against Mr P.A. Houlihan

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  04/03/2025 14:50:50

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  Finding and Order

  The Disciplinary Tribunal finds that Mr P A Houlihan, a member of the Institute while a partner in the practice of 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 (2006 - 2014): Fundamental Principle: (c): Professional Competence and Due Care in that he failed to:  

  1. Ensure that a business structure, namely the incorporation of a medical practice, which he advised for a client in the period 2010 to 2013 was planned, implemented and maintained in an adequate manner so as to achieve its purpose; 
  2. Act in accordance with the requirements of an assignment on a timely basis in respect of the potential implications of a Revenue sector review announced in 2013;
  3. Act in accordance with the requirements of an assignment on a timely basis in respect of the appropriate amount of tax payable in 2010 and 2011;
  4. Act in accordance with the requirements of an assignment on a timely basis in respect of a proposed Unprompted Voluntary Disclosure to Revenue in the period February to March 2014.

  and is thereby liable to disciplinary action in accordance with the Institute’s Disciplinary Bye-Laws. 

  The Disciplinary Tribunal finds the Formal Allegations proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €7,500 and a contribution to costs in the amount of €7,500.

  This Order takes effect from 7 June 2023.
  

  Background and outline of disciplinary matter

  The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 6 June 2023.
  

  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 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 P.A. Houlihan

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• 2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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  04/03/2025 14:50:52

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  Finding and order

  The Disciplinary Tribunal finds that Mr N Cushnahan, a member of the Institute whilst a partner in the practice of Houlihan Cushnahan & Co., with an address in Co Dublin did act in breach of the Institute's Code of Ethics for Members (2006-14): Fundamental Principles: (c): Professional Competence and Due Care and (e): Professional Behaviour in that he failed to:

  1. ensure that adequate documentary evidence existed to support the charges and allowances included in a client's annual accounts and adjusted accounts from which the client's Income Tax returns were prepared for the years 2007, 2008, 2010, 2011, 2012 and 2013;
  2. ensure that a business structure, namely the incorporation of a medical doctor’s private practice in 2009, which he advised for a client was planned, implemented and maintained in an adequate manner so as to achieve its purpose;
  3. demonstrate that he advised a client in writing:
     1. of the potential risks associated with that client's tax affairs for the years 2009 – 2013 and the options available;
     2. ii.of the methodology being employed by him on that client's behalf and obtain the client's written approval to proceed;

  1. provide appropriate VAT advice to a medical client in relation to registration for VAT; and
  2. adequately co-operate with the Revenue on behalf of a client in respect of a Revenue audit;

  and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-Laws.

  
  The Disciplinary Tribunal finds the Formal Allegation proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €15,000 and a contribution to costs in the amount of €30,000.
  

  This Order takes effect from 21 April 2023.
  

  Background and outline of disciplinary matter

  The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.
  

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 21 April 2023.

  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 and the particular facts and circumstances of the matter before it.

   

  Reference: Donnchadh O'Neill, Gibney Communications

  Ph: 01 6610 402

  2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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• Outcome of a Disciplinary Tribunal regarding allegations against Tynan Dillon Dublin Ltd

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  04/03/2025 14:50:53

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  Finding and Order
  
  

  The Disciplinary Tribunal found that Tynan Dillon Dublin Ltd, a member firm of the Institute with an address in Dublin 4 did act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (b) Objectivity and (e) Professional Behaviour in that the member firm failed to act appropriately in a conflict-of-interest situation in the period July 2011 to January 2012.

  The Disciplinary Tribunal found the Formal Allegation proven and made an Order as to Sanction that the member firm be subject to a reprimand, a fine of €2,000 and a contribution towards costs in the amount of €8,000.

  The Order took effect from 23 March 2023.
  
  Background and outline of disciplinary matter
  

  The member firm failed to act appropriately in a conflict-of-interest situation in the period July 2011 to January 2012.

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 23 March 2023.
  
  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 and the particular facts and circumstances of the matter before it.
  
  Reference: Donnchadh O'Neill, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Tynan Dillon Dublin Ltd

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