REGISTER OF FINDINGS AND ORDERS This register is a summary of cases found proved by the Complaints Committee and Disciplinary and Appeals Tribunals. The Register went online in February 2011 and any matters which took place before that date can be accessed during working hours in the Register of Findings at Chartered Accountants House, 4749 Pearse Street, Dublin 2. Only cases determined after that date are included in this online Register. Findings and orders of the Complaints Committee, Disciplinary and Appeals Tribunals are entered on the Register when they become effective. In the case of a decision appealed, this will be on determination of the appeal. Consent Orders remain on the Register for 2 years after which they are deleted. Orders of the Disciplinary or Appeals Tribunals, that a member be excluded, that affiliate status be withdrawn, that a student be declared unfit to become a member, or that registrations or authorisations granted to a firm are withdrawn, remain permanently on the Register. In all other cases, orders remain on the Register for a period of 5 years, from the date the order becomes effective or the date of the lifting of the suspension or prohibition, whichever is the later. This register does not include findings and orders under the Special Disciplinary Scheme which was in operation prior to the Bye-laws (7th October 2002) which established this Register. Member/Firm/Student Details Deloitte Date of Order 12/08/2015 Sanction Mr Pat Carroll 11/05/2015 Mr E. R. Twomey 06/02/2015 Details of Case That Deloitte & Touche, a member firm of the Institute, with an Severe Reprimand address at Deloitte & Touche House, Earlsfort Terrace, Dublin Fine €20,000 2, did act in breach of the Institute’s Ethical Guide for Members: Costs €21,000 Accountancy Ireland with name Fundamental Principle (4) ‘Performance’ in that audit work papers concerning audits of a client company for the years (October 2015) ended 31 December 2002 to 31 December 2004 failed to demonstrate the adequacy and sufficiency of the audit work performed to support its audit opinion and is accordingly liable to disciplinary action under the Institute’s Disciplinary ByeLaws. That Mr. Pat Carroll, a member of the Institute, practicing as Pat Reprimand Carroll & Co., with an address at Unit 5, The Riverfront, Fine: Nil Howley’s Quay, Limerick, did render himself liable to Costs €250 Accountancy Ireland with name disciplinary action pursuant to Disciplinary Bye-Law 6.1(e) in respect of an unsatisfied judgment against him in favour of the (October 2015) Collector General. Severe Reprimand Fine €1,500 Costs €2,400 Accountancy Ireland with name (October 2015) Determined by: Complaints Committee Complaints Committee That Mr. E. R. Twomey, a member of the Institute, practising as Complaints Gould & Twomey, with an address at 58 St Mary's Road, Committee Midleton, Co Cork did act in breach of the Institute’s Codes of Ethics for Members (2011 - 2014): Fundamental Principles (a): Integrity, (b): Objectivity, (c): Professional Competence and Due Care and (e): Professional Behaviour in that he failed to: 1. respond either adequately or at all to correspondence from a former client’s solicitor, his new accountant and the Revenue Commissioners; 2. provide appropriate supporting documentation showing the composition of the totals recorded in the client’s financial accounts and tax returns; 3. demonstrate that he acted appropriately in undertaking the preparation of the client’s financial accounts and as the client’s tax agent; 4. comply with the requirements of the Institute’s Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: Disciplinary Bye-Law: 5.1 to co-operate with disciplinary enquiries. That Mr. Brian Murphy, a member of the Institute practising at Complaints Severe Reprimand Bellea Road, Carrigaline, Co. Cork did act in breach of the Committee Fine €7,500 Institute’s Code of Ethics for Members (2013): Fundamental Costs €900 Publication with name in Principles: (a) Integrity and (e) Professional Behaviour in that he Accountancy Ireland (October 2015) prepared letters purporting to come from a financial institution and that he issued letters in the name of an employee of that financial institution. Mr Brian Murphy 19/05/2015 Mr Kieran Costelloe 09/07/2015 Severe Reprimand Costs €1,500 Publication with name in Accountancy Ireland (October 2015) The Disciplinary Tribunal also imposed a condition that the member remain in paid employment and not apply again to the Institute for a practising certificate or audit registration. That Mr Kieran Costelloe, a member of the Institute, with an Disciplinary address at 70 Austin Friars Street, Mullingar, Co. Westmeath Tribunal did: 1) act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (a) Integrity and (e) Professional Behaviour in that he: (i) (ii) (iii) Acted as auditor and signed audit reports on company accounts filed in the Companies Registration Office when he was not qualified to do so; Produced, completed and signed audit reports which falsely purported to have been audited by other qualified audit firms when it was not the case; and (iii) Submitted company annual returns to the Companies Registration Office containing inappropriate Auditor Registration Number details; 2) 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 Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: respond adequately , or at all, to CARB. Meagher Moynihan 17/06/2015 Ms. Geraldine Hedley 12/06/015 Suspended from membership for a period of one year Costs €1,452.84 Publication in Accountancy Ireland with name (August 2015) and in the Northern Ireland press. Severe Reprimand Fine €5,000 Costs €2,250 Publication with name in Accountancy Ireland (August 2015) That Meagher Moynihan, a member firm of the Institute, with an Complaints address at 17 Mespil Road, Ballsbridge, Dublin 4, did act in Committee breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (b) Objectivity and (c) Professional Competence and Due Care by failing to comply adequately with International Standard on Auditing 500: Audit Evidence and International Standard on Auditing 700: The Auditor’s Report on Financial Statements in that it failed to obtain sufficient and adequate audit evidence or, alternatively, to modify its audit opinion. That Ms. Geraldine Hedley, a member of the Institute, with an Disciplinary address at Hillhead Crescent, Belfast, BT11 9FW, did: Tribunal 1) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010, 2011 and 2012; 2) act in breach of her 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. Mr Peter Corrigan 12/06/2015 Suspended from membership for a period of one year Costs €1,452.84 Publication in Accountancy Ireland with name (August 2015) and in the national press. That Mr. Peter Corrigan, a member of the Institute, with an Disciplinary address at Meridian Street, Boston, MA 02128, United States of Tribunal America, did: 3) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010, 2011 and 2012; 4) act in breach of his duty to co-operate with the Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: disciplinary process as set out in Disciplinary Bye-Law 5.1 by failing to respond to correspondence from CARB. Mr Kieran Cooney 12/06/2015 Suspended from membership for a period of one year Costs €1,452.84 Publication in Accountancy Ireland with name (August 2015) and in the national press. That Mr. Kieran Cooney, a member of the Institute, with an Disciplinary address at John’s Mall, Birr, Co. Offaly, did: Tribunal 5) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010 and 2011; 6) act in breach of the Institute’s Continuing Professional Development Regulation 5.3 by failing to provide CPD records requested for 2011; and 7) 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. Mr Kelan Kelly 12/06/2015 Suspended from membership for a period of one year Costs €1,452.84 Publication in Accountancy Ireland with name (August 2015) and in the national press. That Mr. Kelan Kelly, a member of the Institute, with an address Disciplinary at Rue Adolphe Weis, Bereldange, L-7260, Luxembourg, did: Tribunal 8) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010, 2011 and 2012; and 9) 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. Mr Philip McCloskey 12/06/2015 No further action Costs of €1,452.84 Publication in Accountancy That Mr. Philip McCloskey, a member of the Institute, with an Disciplinary address at Gallagh Road, Antrim, Co. Antrim, BT41 3QU, Tribunal Northern Ireland did: Member/Firm/Student Details Date of Order Sanction Ireland with name (August 2015) Details of Case Determined by: 10) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010, 2011 and 2012; and 11) 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. Mr Ciaran Conroy 12/06/2015 No further action Costs of €1,452.84 Publication in Accountancy Ireland with name (August 2015) That Mr. Ciaran Conroy, a member of the Institute, with an Disciplinary address at Corrig Avenue, Dun Laoghaire, Co. Dublin (formerly Tribunal of Leeson Park, Ranelagh, Dublin 6), did: 12) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2009, 2010 and 2011; 13) 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. Mr Darren Sharkey Mr Patrick Donovan 12/06/2015 26/05/2015 No further action Costs of €1,452.84 Publication in Accountancy Ireland with name (August 2015) Suspended from membership for a period of one year That Mr. Darren Sharkey, a member of the Institute, with an Disciplinary address at Willoughby Road, Langley, Berkshire, SL3 8JH, Tribunal England, did: 14) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit CPD declarations for 2010 and 2011; 15) 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. That Mr. Patrick J. Donovan, a member of the Institute, with an Disciplinary address at Unit 1005, Tower 3, Central Park, Chao Wai da Jie, Tribunal Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: Costs €1,530 Publication in Accountancy Ireland with name (August 2015) and in the national press. Mr Gareth Sherry 26/05/2015 Mr John Lyons 27/05/2015 Mr C. W. James 22/04/2015 Chaoyang District, Beijing, Peoples Republic of China, did: 16) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit a CPD declaration for 2012; 17) 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. That Mr. Gareth Sherry, a member of the Institute, with an No further action address at Carrowhatta, Scotstown, Co. Monaghan, did: Costs €1,530 1) act in breach of the Institute’s Continuing Professional Publication in Accountancy Ireland Development Regulation 5.5 by failing to submit a CPD with name (August 2015) declaration for 2013; 2) 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. That Mr John Lyons, a member of the Institute, with an address No further action at Sheares Street, Kilmallock, Co. Limerick, did; Costs €1,530 18) act in breach of the Institute’s Continuing Professional Publication in Accountancy Ireland Development Regulation 5.5 by failing to submit a CPD with name (August 2015) declaration for 2013; 19) 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. That Mr. C.W. James, an affiliate of the Institute, practising as Reprimand C.W. James, Chartered Accountant and Registered Auditor with Fine €1,100 an address at The Archway, 15 Esmonde Street, Gorey, Co. Costs €900 Publication with name in Wexford did act in breach of the Institute’s Code of Ethics for Members (2011): Fundamental Principle (c): Professional Accountancy Ireland (June 2015) Competence and Due Care by providing a client company with inadequate value added tax advice which resulted in the company incurring interest and penalties in settlement of the tax liability. Disciplinary Tribunal Disciplinary Tribunal Complaints Committee Member/Firm/Student Details Mr Pat Carroll Date of Order 08/04/2015 Sanction Details of Case Determined by: That Mr Pat Carroll, a member of the Institute, practicing as Pat Complaints Reprimand Carroll & Company, with an address at The Riverfront, Committee Fine €1,500 Howley’s Quay, Limerick, Co. Limerick did: Costs €3,000 Publication with name in 1) act in breach of the Institute’s Code of Ethics for Accountancy Ireland (June 2015) Members: Fundamental Principle (e) Professional Behaviour by failing to: a. ensure that a client received copies of company reports prepared by the member and which the client had paid for; b. provide a response to a client’s query; 2) 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. Mr Eoin Crosbie Mr Arthur Campbell 27/03/2015 27/03/2015 Suspended from membership for a period of 1 year Costs €1,580 Publication in Accountancy Ireland with name (June 2015) No further action Costs €1,580 Publication in Accountancy Ireland with name (June 2015) That Mr. Eoin Crosbie, a member of the Institute, with an address at Kilkenny West, Athlone, Co. Westmeath, did: 20) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit a CPD declaration for 2013; 21) 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. That Mr. Arthur Campbell, a member of the Institute, with an address at Alderbrook, Ashbourne, Co. Meath, did: 1) act in breach of the Institute' s Continuing Professional Development Regulation 5.5 by failing to submit a CPD declaration for 2013; 2) act in breach of his duty to co-operate with the disciplinary process as set out in Disciplinary ByeLaw 5.1 by failing to respond to correspondence Disciplinary Tribunal Disciplinary Tribunal Member/Firm/Student Details Date of Order Sanction Ms. Evelyn Dempsey 27/03/2015 Reprimand Costs €1,580 Publication in Accountancy Ireland with name (June 2015) Mr Darach Brennan, Brennan Governey & Co. 28/01/2015 Reprimand Fine €400 Costs €700 Publication with name in Accountancy Ireland (June 2015) Mr John O’Brien 10/01/2015 Mr Jon Dickinson 09/01/2015 Details of Case from CARB. That Ms. Evelyn Dempsey, a member of the Institute, with an address at St. Ann’s Court, Oakville, Ontario, L6L 5V7, Canada, did: 1) act in breach of the Institute’s Continuing Professional Development Regulation 5.5 by failing to submit a CPD declaration for 2013; 2) act in breach of her 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. That Mr D. Brennan, a member of the Institute, practising as Brennan Governey & Co, with an address at Kildress House, Pembroke Row, Lower Baggot Street, Dublin 2 did act in breach of his duty to co-operate with CARB’s disciplinary process set out in Disciplinary Bye-Law 5.1 by neglecting to respond to correspondence from CARB in a timely or adequate manner. Determined by: Disciplinary Tribunal Complaints Committee That Mr. John O’Brien, a member of the Institute, practising as Complaints Reprimand O’Brien & Company, with an address at Crestfield Centre, Committee No fine Glanmire, Co. Cork, did render himself liable to disciplinary Costs €700 Accountancy Ireland with name action pursuant to Disciplinary Bye-Law 6.1(e) in respect of unsatisfied judgments against him in favour of the Collector (April 2015) General. Reprimand Fine €1,500 Costs €10,000 Accountancy Ireland with name (February 2015) That Mr. J. Dickinson, a member of the Institute, with an address at 32a Waterloo Gardens, Belfast BT15 4EY, Northern Ireland, did act in breach of the Institute’s Codes of Ethics for Members (2006): 1. Fundamental Principles (c): Professional Competence and Due Care and (e): Professional Behaviour: (i) in the promotion of investments in UCISs to a client for her pension scheme which were unsuitable to her requirements; Disciplinary Tribunal Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: (ii) N. P. Geoghegan & Co. Mr Conn Collins 15/12/2014 15/12/2014 Reprimand Fine €200 Costs €100 Accountancy Ireland with name (February 2015) Severe Reprimand Fine €4,500 Costs €1,000 Accountancy Ireland with name (February 2015) in the promotion of an investment in a UCIS to a client as a personal investment which was unsuitable to her requirements; 2. Fundamental Principles: (a): Integrity, (b): Objectivity, (c): Professional Competence and Due Care and (e): Professional Behaviour: (i) arising from the manner and content of the member’s promotion of an investment to clients; (ii) in the promotion to a client of an investment in a company in which the member was a director without adequate disclosure of this fact and without written invitation to the client to seek independent investment advice; (iii) in failing to disclose to and obtain a client’s permission to retain the commission receivable by him arising from investments made through him. That N.P. Geoghegan & Co., a member firm of the Institute, Complaints with an address at Silverhill, Somerby Road, Greystones, Co. Committee Wicklow did act in breach of: the Institute’s Code of Ethics for Members (2011): Fundamental Principle: (e) Professional Behaviour in that it failed to comply with Audit Regulation 6.06 and Public Practice Regulation 1.28 in providing inaccurate information on the firm’s 2012 Annual Return to the Chartered Accountants Regulatory Board. That Mr Conn Collins, a member of the Institute practicing as Complaints Conn Collins & Co., Chartered Accountants, 4 Carysfort Committee Avenue, Blackrock, Co. Dublin did act in breach of: the Institute’s Code of Ethics for Members: Fundamental Principles: (a) Integrity and (e) Professional Behaviour in that he Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: provided inconsistent information to his regulatory authority and failed to exercise appropriate control over his auditor registration number. Mr Colm Wall Mr Brian Silcock 09/12/2014 05/11/2014 Severe Reprimand Fine €6,000 Costs €6,000 Accountancy Ireland with name (February 2015) That Mr. Colm Wall, a member of the Institute, with an address Disciplinary at Weaver’s Crescent, Lusk Village, Lusk, Co. Dublin did act in Tribunal breach of: In respect of Part 1 of the Formal Complaint, the Disciplinary Tribunal made an order that the member be suspended from membership of Chartered Accountants Ireland for a period of four months during which time the member is requested to comply with certain conditions of the Chartered Accountants Regulatory Board. The matter will be reconsidered by the Disciplinary Tribunal following the four month suspension period. The Disciplinary Tribunal also ordered that the member be reprimanded in respect of Part 1 of the Formal Complaint. In respect of Part 2 of the Formal Complaint, the Disciplinary Tribunal made an order that the member be reprimanded. That Mr B. E. Silcock, a member of the Institute, with a practice Disciplinary address at 172 Union Street, Lurgan, Craigavon, Co Armagh, Tribunal BT66 8EQ, Northern Ireland did act in breach of the Institute’s Code of Ethics for Members (2011): Fundamental Principles (e): Professional Behaviour in that he failed to: 1. comply with the Institute’s Public Practice Regulations regarding the holding of a Practising Certificate and Professional Indemnity Insurance; 2. communicate with CARB in accordance with the requirements of the Institute’s Disciplinary Bye-Law: 5.1. the Institute’s Code of Ethics for Members: Fundamental Principles: (a) and (e): Integrity and Professional Behaviour in that, while an employee of a company, he misappropriated funds belonging to that company which were subsequently returned. Member/Firm/Student Details Date of Order Sanction Accountancy Ireland with name (February 2015) and National Press. Reprimand Fine €550 Costs €900 Accountancy Ireland with name (December 2014) Details of Case Determined by: Mr Patrick McSwiney 10/10/2014 That Mr Patrick McSwiney, a member of the Institute and sole Complaints practitioner practicing as Patrick McSwiney, Genoa House, 1A Committee Drummartin Road, Goatstown, Dublin 14 did act in breach of the Institute’s Ethical Guide for Members (1995 and 1998): Fundamental Principle: (4) in that he failed to carry out his duties as liquidator to a company in an effective manner and in accordance with statutory requirements and failed to file returns in the Companies Registration Office on a timely basis. Mr John Webb 26/08/2014 That Mr John Webb, a member of the Institute practicing as Complaints Reprimand John A Webb & Co., Chartered Accountants, Parnell Court, Committee No Fine Granby Row, Dublin 1 did act in breach of: No costs Accountancy Ireland with name the Institute’s Code of Ethics for Members (2006 and 2011): (December 2014) Fundamental Principles: (a) Integrity, (b) Objectivity, (c) Professional Competence and Due Care and (e) Professional Behaviour; the Institute’s Ethical Standard (ES) 1. Integrity, Objectivity and Independence and ES 2. Financial, Business, Employment and Personal Relationships in that he acted as auditor to a company of which his wife and daughter were directors. Mr Declan Quinn 22/08/2014 Severe Reprimand Fine €2,200 Costs €600 Publication with name in Accountancy Ireland (December 2014) That Mr. Declan Quinn, a member of the Institute and a Complaints director of McElroy and Company Limited, engaged in practice Committee as McElroy Quinn Chartered Accountants, with an address at 53-55 Main Street, Donaghmore, County Tyrone BT70 3EZ did: 1) act in breach of the Institute’s Code of Ethics for Members (2013): Fundamental Principle (e): Professional Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: Behaviour in: a) failing to pay an amount awarded by an Industrial Tribunal to a former employee in a timely manner; and b) failing to account to HM Revenue & Customs, in a timely manner or at all, for income tax and national insurance in relation to an employee; 2) 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 Complaints Committee noted that the award referred to at 1a) above was paid by the member. Mr Declan Quinn 09/09/2014 Reprimand Fine €450 Costs €2,300 Publication with name in Accountancy Ireland (December 2014) That Mr. Declan Quinn, a member of the Institute and a director Complaints of McElroy and Company Limited, engaged in practice as Committee McElroy Quinn Chartered Accountants, with an address at 53-55 Main Street, Donaghmore, County Tyrone BT70 3EZ did act in breach of: 1) the Institute’s Code of Ethics for Members (2011): Fundamental Principle (c): Professional Competence and Due Care by failing to respond in a timely and adequate manner to correspondence from a successor accountant; and 2) 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 Member/Firm/Student Details Mr Tony Reynell Date of Order 21/08/2014 Sanction Details of Case Determined by: CARB. That Mr. Anthony J Reynell, a member of the Institute, Complaints Reprimand practicing as Reynell & Co, Chartered Accountants & Committee Fine €800 Registered Auditors, 48 Morehampton Road, Donnybrook, Costs €2,500 Publication in Accountancy Ireland Dublin 4 did act in breach of; with name (October 2014) The Institute’s Code of Ethics for Members: Fundamental Principles: (b) Objectivity and (c) Professional Competence and Due Care in that he failed to comply adequately with International Standard on Auditing 550 ‘Related Parties’ and International Standard on Auditing 700 ‘The auditor’s report on financial statements’ in that he failed to: (i) ensure that the financial statements appropriately disclosed related party transactions or, alternatively, to modify his audit report accordingly; (ii) ensure that audit reports issued on the financial statements were prepared in accordance with International Standard on Auditing 700 and with Section 193(4B)(b) of the Companies Act 1990. Mr R G D Murray 05/08/2014 That Mr R G D Murray, a member of the Institute, practising as Complaints Reprimand GM Business Advisors, Chartered Accountants, 29 Upper Committee Fine €1,000 Mount Street, Dublin 2 did act in breach of; Costs €700 Publication in Accountancy Ireland The Institute’s Code of Ethics for Members (2011): with name (October 2014) Fundamental Principles: (b): Objectivity, (c): Professional Competence and Due Care and (e): Professional Behaviour in that his ‘Know Your Client’ procedures were inadequate regarding the identity of the ultimate beneficial owner of a company. Member/Firm/Student Details Fergal P. Burke Date of Order 10/07/2014 Sanction Details of Case Determined by: That Mr. Fergal Burke, a member of the Institute, practicing as Complaints Reprimand Burke & Associates, Chartered Accountants, 45 Wine Street, Committee Fine €1,250 Sligo, Co. Sligo did: Costs €5,000 Publication in Accountancy Ireland 1. act in breach of the Institute’s Code of Ethics for with name (October 2014) Members: Fundamental Principles: (b) Objectivity and (c) Professional Competence and Due Care in that he failed to comply adequately with International Standard on Auditing 250 ‘Consideration of laws and regulations in an audit of financial statements’, International Standard on Auditing 500 ‘Audit evidence’ and International Standard on Auditing 700 ‘The auditor’s report on financial statements’ in that he failed to: (i) obtain adequate audit evidence in relation to loan accounts, and disposal of fixed assets or, alternatively, to modify his reports accordingly; (ii) ensure that the financial statements appropriately accounted for adjustments in relation to a misstatement of directors’ loan accounts in previous years; (iii) ensure that the financial statements and/or his reports disclosed appropriate details of disputed directors’ interests in the company, and the existence of charges on company assets; 2. act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (b) Objectivity and (c) Professional Competence and Due Care in that he failed to prepare reports on a non statutory assurance engagement with sufficient due care; 3. act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle: (b) Objectivity in that he acted inappropriately in a conflict of interest situation contrary to the Code of Ethics 220 and the Auditing Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: Practices Board Ethical Standard 1, Section 30. Jon Dickinson 02/07/2014 Barry Forrest 05/06/2014 Mark McBrien 02/04/2014 David Beggan 28/04/2014 That Mr. J. Dickinson, a member of the Institute, with an Reprimand Publication in Accountancy Ireland address at Waterloo Gardens, Belfast BT15 4EY, Northern Ireland, acted in breach of the Institute’s Code of Ethics for with name (October 2014) Members (2011 to 2013): Fundamental Principle: (e): Professional Behaviour which requires members to comply with the Institute’s Rules and Regulations in that he failed to comply with the Institute’s Public Practice Regulations (2012 and 2013): section 5.2 requiring a member That Barry Forrest, a member of the Institute, practicing as Reprimand Forrest & Co., with an address at 3c Dunshaughlin Business Fine €1,000 Centre, Dunshaughlin, Co Meath, did act in breach of; Costs €975 Publication in Accountancy Ireland The Institute’s Code of Ethics for Members: with name (August 2014) Fundamental Principle: (e): Professional Behaviour in that he failed to submit a return to the Directors Disqualification Unit of the Insolvency Service within the 6 month time limit specified in The Insolvent Companies (Reports on Conduct of Directors) Rules (Northern Ireland) 2003. That Mr. Mark McBrien, a member of the Institute, with an Severe Reprimand address in Newtownards did act in breach of the Institute’s Fine €1,600 Code of Ethics for Members: Fundamental Principles: (a), Costs €1,125 Publication in Accountancy Ireland (b), and (e): Integrity, Objectivity and Professional Behaviour in that, while an employee of a company, he with name (August 2014) misappropriated funds belonging to that company. Reprimand Fine €500 Costs €750 Accountancy Disciplinary Tribunal Complaints Committee Complaints Committee That David Beggan, a member of the Institute, with an address Complaints at Edificio Maria Isabel, Rua Coronel Quirino 1696, Cambui, Committee Campinas, Sao Paulo, Brazil, did act in breach of; Ireland with name the Institute’s Professional Indemnity Insurance Regulation 2.10 Member/Firm/Student Details Date of Order Sanction (August 2014) 25/04/2014 KSi Faulkner Orr 10/04/2014 Jason Dowling, Whelan Dowling and Associates 10/04/2014 Frank Walsh, Frank Walsh & Co 8/12/2013 Details of Case Determined by: and Public Practice Regulation 7.12 by failing to use his best endeavours to ensure that he had Professional Indemnity Insurance run-off cover in place for at least two years after he ceased to engage in public practice. That a former student of the Institute did act in breach of: Complaints Reprimand Committee Accountancy Ireland with NO name The Institute’s Code of Ethics for Members (2011): (June 2014) Fundamental Principles (a): Integrity and (e): Professional Behaviour in that he misrepresented himself to his employer and the Institute in relation to an examination. That KSi Faulkner Orr, a member firm of the Institute, with an Complaints Severe Reprimand address at KSi House, 10 Whitefriars, Aungier Street, Dublin 2, Committee Fine €2,500 did act in breach of: Costs €600 1) the Institute’s Code of Ethics for Members Accountancy Ireland with name (June (2006 and 2011): Fundamental Principle (c): 2014) Professional Competence and Due Care in submitting incorrect tax returns for a client; and 2) the Institute’s Code of Ethics for Members (2011): Fundamental Principle (e): Professional Behaviour in failing to deal in a timely manner with the issue of the incorrect tax returns having been submitted. That Mr Jason Dowling, an affiliate member of the Institute, Complaints Reprimand practicing as Whelan Dowling & Associates, with an address at Committee Fine €850 6 Winetavern Street, Christchurch, Dublin 8, did act in breach of Costs €2,000 The Institute’s Code of Ethics for Members (2006 and 2011): Accountancy Ireland with name Fundamental Principles (b): Objectivity and (c): Professional (June 2014) Competence and Due Care by failing to ensure that the audited company complied with Financial Report Standard (FRS) 8: Related Party Transactions or amending his audit reports accordingly. That Mr. Frank Walsh, a member of the Institute, practising as Complaints Severe Reprimand Frank Walsh & Co., The Bush, Dunshaughlin, Co. Meath did act Committee Member/Firm/Student Details Date of Order Sanction Fine €5000 Costs €2000 Accountancy Ireland with name (April 2014) Phillip Eccott 10/02/2014 Reprimand Raymond Smyth, Smyth & Co 20/12/2013 Reprimand Fine: €1,200 Costs: €1,400 Accountancy Ireland with name (Feb 2014) Details of Case in breach of the Institute’s Ethical Guides for Members (1995 – 2003) and the Institute’s Code of Ethics for Members (2006): Fundamental Principles: Integrity, Objectivity, Professional Due Care (Ethical Guides and Code of Ethics) and Professional Behaviour (Code of Ethics) in that he failed to make Income Tax and Value Added Tax returns in a timely manner from 1998 to 2011 That Mr. Phillip Eccott, a member of the Institute with an Appeal Tribunal address at London, England did render himself liable to disciplinary action pursuant to Bye-Law 6.1 (f) of the Institute’s Disciplinary Bye-Laws as an insolvency event occurred in relation to him. That Mr Raymond Smyth, a member of the Institute, practising Complaints as Smyth & Co, Chartered Accountants & Registered Auditors, Committee the Village Square, Tallaght, Dublin 24 did act in breach of: 1) 2) John P Nolan John Nolan & Associates The Kennels 15/11/2013 Reprimand Fine €3,000 Determined by: the Institute’s Code of Ethics for Members (2006) and (2011): Fundamental Principles (b) Objectivity and (e) Professional Behaviour and the Institute’s Audit Regulations and Guidance paragraph 3.07 in that he acted as auditor of a company contrary to Section 187(2)(a) of the Companies Act 1990 by reason of his being a director of the company; the Institute’s Code of Ethics for Members: Fundamental Principal (e) Professional Behaviour in that he failed to ensure that a company of which he was a director, complied with its regulatory requirements resulting in the strike-off of the company. That Mr. J P Nolan, a member of the Institute, practicing as John Disciplinary Nolan & Associates, Chartered Accountants, The Kennels, Tribunal Jigginstown, Naas, Co Kildare did act in breach of the Institute’s Member/Firm/Student Details Jigginstown Naas Co Kildare Date of Order Sanction Costs €2,000 Accountancy Ireland with name (February 2014) Details of Case Determined by: Code of Ethics for Members: 1. Fundamental Principles (a), (b), (c) and (e): Integrity, Objectivity, Professional Competence and Due Care and Professional Behaviour in that he failed to comply with the terms of the suspension of the member firm’s audit registration and hot file review restrictions imposed on it by the Quality Assurance Committee; 2. Fundamental Principle (c): Professional Competence and Due Care in that: a) He failed to ensure compliance with the Institute’s Ethical Standards for Auditors (ES) 2 in that an employee of the audit firm acted as a director of an audit client; b) He failed to comply with the Institute’s Rules of Professional Conduct regarding the form of his firm’s name. Doody Crowley 1st Floor 11/12 Warrington Place Dublin 2 21/10/2013 Severe Reprimand Fine: €5,200 Costs €3,000 Accountancy Ireland with name (Dec 2013) That Doody Crowley, a member firm of the Institute, with an Complaints address at 1st Floor, 11/12 Warrington Place, Dublin 2 did act in Committee breach of: 1. the Institute’s Code of Ethics for Members: 2006: Fundamental Principles: (b): Objectivity, (c): Professional Competence and Due Care and (e): Professional Behaviour by failing to: a) comply with section 194(5) of the Companies Act 1990 where an audit client had acted in breach of Section 31 of the Companies Act 1990 regarding loans to directors; b) ensure that the audited accounts complied with the requirements of the Companies Act 1990 regarding disclosure of matters related to loans to directors. Member/Firm/Student Details Date of Order Mr Mel Gleeson Gleeson & Co 59 Kenyon Street Nenagh Co Tipperary 20/10/2013 Damien Young 5 Wasdale Grove Rathgar Dublin 6 11/10/2013 Sanction Reprimand Fine: €500 Costs €1,000 Accountancy Ireland with name (Dec 2013) Details of Case That Mr. M. Gleeson, a member of the Institute, practicing as Gleeson & Co. with an address at 59 Kenyon Street, Nenagh, Co. Tipperary did:- Determined by: Complaints Committee act in breach of the Institute’s Code of Ethics for Members (2006 and 2011): Fundamental Principles: (c) and (e): Professional Competence and Due Care and Professional Behaviour in the manner in which he carried out his duties as a clients’ tax agent. That Mr. Damien Young, a member of the Institute with an Disciplinary Severe Reprimand Tribunal Costs the quantum of which will address at 5 Wasdale Grove, Rathgar, Dublin 6 did: depend on the satisfactory 1. act in breach of his duty to co-operate with the completion of certain conditions disciplinary process as set out in the Disciplinary Byestipulated by the Disciplinary Law 5.1 by failing to respond to correspondence from Tribunal. CARB; 2. act in breach of the Institute’s code of Ethics for Members Fundamental Principle (c): Professional Competence and Due Care in that as liquidator of a company, he failed to respond to correspondence from an accountant acting on behalf of a former employee of the company in liquidation. The Tribunal made an Order that the member be severely reprimanded. The Disciplinary Tribunal also ordered that the member pay a contribution towards the costs of CARB the quantum of which will depend on the satisfactory completion of certain conditions stipulated by the Disciplinary Tribunal. Aidan Brophy 20/08/2013 Reprimand That Aidan Brophy, Brophy Gillespie, a member of the Complaints Member/Firm/Student Details Brophy Gillespie St Gall’s House St Gall Gardens South Milltown Dublin 14 Date of Order Sanction Ms. D. T. Quail 24 Ashleigh Grove Rathfriland BT34 5RT Co Down Northern Ireland 30/07/2013 Mr. R. Griffin 05/07/2013 Details of Case Fine; €2,800 Costs; €3,500 Accountancy Ireland with name (Oct 2013) Reprimand Fine; €2,400 Costs; €3,000 Accountancy Ireland with name (Oct 2013) Reprimand Fine: €350 Costs: €7,500 Accountancy Ireland with (Oct 2013) Severe Reprimand Institute, with an address at St Gall’s House, St Gall Gardens South, Milltown, Dublin 14 did, under two separate occasions: Determined by: Committee act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (c) and (e): Professional Competence and Due Care and Professional Behaviour in that he failed to act in accordance with applicable technical and professional standards in carrying out an audit of a client company. That Ms. D. T. Quail, a member of the Institute, with an address at 24 Ashleigh Grove, Rathfriland, BT34 5RT, Co. Down, Northern Ireland and 19 Mullach Alainn, Howes Hill, Omeath, name Co. Louth did: 1. act in breach of Fundamental Principle (c): Professional Competence and Due Care in that she failed to cooperate with a successor accountant; 2. act in breach of the Institute’s Rules of Professional Conduct in that while engaging in public practice she did not hold a Practising Certificate and failed to demonstrate that she held appropriate Professional Indemnity Insurance; 3. fail to keep the Institute informed of the member’s address and contact details in accordance with the Institute’s Principal Bye-Laws; 4. act in breach of the Institute’s Disciplinary Bye-Laws in that she failed to co-operate either at all or in a timely and/or adequate manner with the Institute’s disciplinary processes. That Mr. R. Griffin, a member of the Institute, practicing as Appeal Tribunal Disciplinary Member/Firm/Student Details Reggie Griffin & Company Chartered Accountants Castle Demesne House Ivy Terrace Tralee Co. Kerry Date of Order Sanction Costs: €4,000 Accountancy Ireland with (Aug 2013) Details of Case Reggie Griffin and Company, Chartered Accountants, Castle name Demesne House, Ivy Terrace, Tralee Co. Kerry did act in breach of: the Institute’s Code of Ethics for Members: Fundamental Principle: (e): Professional Behaviour in failing to keep his tax affairs up to date with the Revenue Commissioners; 2. the Institute’s Disciplinary Bye-Law 6.1(e): in failing to satisfy a judgment debt. That Mr. J. Byrne, a member of the Institute, with an address at The Loft, 20 Duke Street, Douglas, Isle of Man IM1 2AY: Determined by: Tribunal 1. Mr. J. Byrne The Loft 20 Duke Street Douglas, Isle of Man IM1 2AY 05/07/2013 Mr. P.Conaghy Dempsey Mullen Unit 3E 24/06/2013 Severe Reprimand Fine: €2,000 Costs: €8,000 Accountancy Ireland with (Aug 2013) Part 1: Severe Reprimand Fine: €500 on each count Disciplinary Tribunal name 1. acted contrary to the Chartered Accountants Regulatory Board’s Professional Standards: Practising Certificate Regulations paragraph 2.1 in that he did / does not hold a current practising certificate whilst engaging in public practice; 2. acted in breach of the Institute’s Disciplinary Bye-Law 5.1 in that he failed to respond to correspondence from the Chartered Accountants Regulatory Board in a timely and / or adequate manner and to co-operate with its investigation; 3. acted in breach of the Institutes Code of Ethics for Members: Fundamental Principle (c): Professional Competence and Due Care in that he failed to: a) provide appropriate advice regarding a tax matter; b) correspond adequately or at all with the Income Tax division of the Isle of Man Treasury on behalf of a client. That Mr. P.Conaghy, an affiliate member of the Institute, with an address at Dempsey Mullen, Unit 3E, Fingal Bay Business Park, Balbriggan, Co. Dublin did: Disciplinary Tribunal Member/Firm/Student Details Fingal Bay Business Park Balbriggan Co. Dublin Date of Order Sanction Details of Case Part 2: Severe Reprimand Fine: €2,000 Part 3 Reprimand Nick O’Connor Reddy O’Connor & Co Troon Lodge Ballycrane Castlebridge Co Wexford 16/04/2013 Costs: €8,000 Accountancy Ireland with (Aug 2013) Part 3: name Determined by: 1. act in breach of the Institute’s Code of Ethics for Members (2006 & 2011): Fundamental Principles (c): Professional Competence and Due Care and (e): Professional Behaviour by failing to: a) respond to communications from and provide adequate information to a client’s prospective new accountant in a timely manner; b) undertake accounting and tax services for a client in an adequate or timely manner; 2. act in breach of the Institute’s Code of Ethics for Members (2006 & 2011): Fundamental Principle (a): Integrity in filing a tax return for a client which he knew or ought to have known was incorrect; 3. not co-operate fully with the disciplinary process in accordance with the Institute’s Disciplinary Bye-Law 5.1 thereby rendering himself liable to disciplinary action in accordance with Disciplinary Bye-Law: 6.1(d) by failing or neglecting to respond adequately to CARB correspondence. That Mr. Nick O’Connor, a member of the Institute, practicing Disciplinary Severe Reprimand as Reddy O’Connor & Company, at Troon Lodge, Ballycrane, Tribunal Fine: €5,000 Castlebridge, Co. Wexford, did: Costs: €15,000 Accountancy Ireland with name 1. act in breach of his duty to co-operate with the disciplinary (June 2013) process as set out in the Institute’s Disciplinary Bye-Law 5.1 by failing to respond to correspondence from CARB in a timely manner; 2. act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles (b) and (c): Objectivity and Professional Competence and Due Care when, in a conflict of interest situation, he arranged and/or advised clients to lend Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: monies to another client. Francis J Woods Woods & Company Ltd Chartered Accountants & Registered Auditors Balbriggan Business Campus Balbriggan Co Dublin 19/03/2013 That Mr. Francis J. Woods, a member of the Institute, practicing Disciplinary Reprimand as Francis J. Woods & Company Limited, Chartered Tribunal Costs: €5,000 Accountancy Ireland with name Accountants & Registered Auditors, Balbriggan Business Campus, Balbriggan, Co. Dublin did: (April 2013) 1. 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; 2. act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (c): Professional Competence and Due Care and the Institute’s Audit Regulations and Guidance paragraph 3.07 requiring members to comply with relevant legislation in that he acted as auditor of a company in respect of which he was disqualified to so act under Section 187(2)(c) of the Companies Act 1990 by reason of his son being a director; 3. act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (c): Professional Competence and Due Care in that he failed to ensure that a company, of which he was a director, complied with its regulatory requirements resulting in the strike off of the company. Hugh Lennon Lennon & Assoc 8-10 Church View Cavan 13/03/2013 Severe Reprimand Fine: €2,000 Costs: €11,010 Accountancy Ireland with name (October 2013) That Mr. H. Lennon, a member of the Institute, practicing as Disciplinary Lennon & Associates, with an address at 8-10 Church View, Tribunal Cavan, Co. Cavan did act in breach of the Institute’s Code of Ethics for Members:1. Fundamental Principle (a): Integrity in that he presented accounts to the Companies Registration Office in respect of: Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: a) three companies which were purported to be audited by another registered auditor when they were not; b) one company whose accounts were purported to have been prepared by another accountant when they were not; c) one company whose accounts were purported to be prepared by and reported upon by another accountant when they were not; 2. Fundamental Principles (b): Objectivity and (c): Professional Competence and Due Care in that he presented accounts of a company of which he was a director to the Companies Registration Office in respect of which he also acted as reporting accountant. Matthew Boyle 176 Ivy Mead Derry City BT47 2 LT Northern Ireland 26/02/2013 That Mr. M. Boyle, a member of the Institute, with an address at Disciplinary Exclusion 176 Ivy Mead, Derry City, BT47 2LT, Northern Ireland did: Tribunal Fine: €30,000 Costs: €16,710 Accountancy Ireland with name 1. act in breach of the Institute’s Disciplinary Bye-Law 5.1 by failing to respond to correspondence from the Chartered (April 2013) National Press Accountants Regulatory Board in a timely and / or adequate manner and to co-operate with its investigation; 2. in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (a), (b), and (e): Integrity, Objectivity and Professional Behaviour that while an employee of a company, he misappropriated funds belonging to his employer. Partick Gahan Gahan & Co 14 South Lotts Road Dublin 4 11/01/2013 That Mr. Patrick Gahan, a member of the Institute, practicing as Disciplinary Severely Reprimanded Gahan & Co., with an address at 14 South Lotts Road, Dublin 4 Tribunal Fine: €1,000 did: Costs: €5,000 Accountancy Ireland with name 1. act in breach of the Institute’s Disciplinary Bye-Law (February 2013) 5.1 in that he failed to respond to correspondence from Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: the Chartered Accountants Regulatory Board in a timely and / or adequate manner and to co-operate with its investigation; 2. act in breach of the Institutes Code of Ethics for Members: Fundamental Principle (c): Professional Competence and Due Care in that he failed to correspond with a former client in a timely and adequate manner and failed to provide information requested by the former client and new accountant. Noel Carr Castle Street Roscommon 05/12/2012 That Mr. Noel Carr, a member of the Institute with an address at Appeal Tribunal Severe Reprimand Castle Street, Roscommon, did: Costs: €16,910 Accountancy Ireland with name (Feb act in breach of the Institute’s Ethical Guide for Members: 2013) Fundamental Principle 1: Integrity and the Institute’s Code of Ethics for Members: Fundamental Principle (a) Integrity, in that during the period from 21 July 2004 to 14 September 2010 he signed audit opinions without obtaining hot file reviews contrary to the terms of a suspension of his audit registration. Tony McClements 200 Carnalbanagh Road Broughshane Ballymena Co Antrim BT 42 4 NY 23/11/2012 Severe Reprimand and that were he to be restored to membership of the Institute by the Quality Assurance Committee that such restoration be expressly conditional on him complying with his undertaking never again to act as a partner or principal of a firm or ever again to handle client monies Costs: €5,000 Accountancy Ireland with name (Feb That Mr. J.A. McClements, a suspended member of the Institute, with an address at 200 Carnalbanagh Road, Broughshane, Ballymena, Co. Antrim, BT42 4NY and a former director of Interactive Payroll Management Limited:1. failed to ensure that client monies, held by the company of which he was a director, was held in a client bank account; and 2. failed to account for client monies to a client. Disciplinary Tribunal Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: 2013) Severe Reprimand and be That Mr. John Crawford, a member of the Institute, practicing as Disciplinary Aiken & Crawford, with an address at 10 Graham Gardens, Tribunal ineligible for an Insolvency Lisburn, BT28 1XE, did: Licence Fine: €6,600 act in breach of the Institute’s Code of Ethics for Members: Costs: €6,500 Fundamental Principles (a) and (c) Integrity and Accountancy Ireland with name Professional Competence and Due Care in allowing a (Feb 2013) company of which he is a director to be struck off the Companies Registration Office register of companies when he was aware that there were outstanding issues which could result in claims against the company. Mr. John Crawford Aiken & Crawford 10 Graham Gardens Lisburn BT28 1XE 16/11/2012 Mr Damien Young 5 Wasdale Grove Rathgar Dublin 6 29/10/2012 Reprimand Fine: €300 Costs: €6228 Accountancy Ireland with name (Feb 2013) That Mr. Damien Young, a member of the Institute, with an address at 5 Wasdale Grove, Rathgar, Dublin 6 did render himself liable to disciplinary action pursuant to Bye-Law 6.1(d) of the Institute’s Disciplinary Bye Laws as he failed to respond to correspondence from an employee of the Institute. Mr. George Bell George Bell & Co. 3 New Antrim Street, Castlebar Co. Mayo 25/10/2012 Severe Reprimand Fine: €5,000 Costs: €3,000 Accountancy Ireland with name (Feb 2013) That Mr. George Bell, a member of the Institute, practicing as Disciplinary George Bell & Co., with an address at 3 New Antrim Street, Tribunal Castlebar, Co. Mayo did:- Sean Barry 09/10/2012 Exclusion That Mr. S. K. Barry, a member of the Institute, practicing as Appeal Tribunal Disciplinary Tribunal act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (a): Integrity, in that he signed audit reports of a number of audit client companies when he was not entitled to, due to the suspension of his firm’s audit registration imposed by the Chartered Accountants Regulatory Board (CARB) Quality Assurance Committee effective from the 7 January 2011. Member/Firm/Student Details Sean Barry & Co 1 Cockhill View Church Street Cavan Date of Order Sanction Details of Case Costs: €15,442 Accountancy Ireland with name (Dec 2012) and National Press Sean Barry & Co., No 1 Cockhill View, Church Street, Cavan did; 1. 2. a) b) 3. 4. Eamonn Rice Formerly of St Albans Road Edinburgh Scotland 14/06/2012 Exclusion Reprimand Costs: €5,529 Accountancy Ireland with name (Aug 2012) National Press Determined by: render himself liable to disciplinary action pursuant to Disciplinary Bye-Law 6.1(e) in respect of an unsatisfied judgment against him amounting to €81,859 in favour of a financial institution; act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (a): Integrity in that he presented accounts to the Companies Registration Office in respect of: a company in which he held himself out as auditor when he was no longer a registered auditor; a number of companies which were purported to be audited by other registered auditors when they were not; act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (a): Integrity in that he presented accounts to the Companies Registration Office in respect of a number of companies which were purported to be audited by another registered auditor when they were not; act in breach of the Institute’s Disciplinary Bye-Law 6.1(d) in that he failed to respond to correspondence from the Chartered Accountants Regulatory Board and to cooperate with its investigation. That Mr. Eamonn Rice, a member of Chartered Accountants Disciplinary Ireland with a former address at St Albans Road, Edinburgh, Tribunal Scotland did: 1. render himself liable to disciplinary action pursuant to Bye-Law 6.3.3(a) of the Institute’s Disciplinary ByeLaws in that he has been the subject of an adverse Member/Firm/Student Details Date of Order Sanction Details of Case 2. Michael McHugh Michael McHugh & Co Newtown Castlebar Co Mayo 14/06/2012 Severe Reprimand Fine: €5,000 Costs: €3,000 Accountancy Ireland with name (Aug 2012) Determined by: finding in respect of his conduct by a Disciplinary Tribunal of The Institute of Chartered Accountants of Scotland; render himself liable to disciplinary action pursuant to Bye-Law 6.1(f) of the Institute’s Disciplinary Bye-Laws as an insolvency event occurred in relation to him. That Mr. M. McHugh, a member of the Institute, practicing as Disciplinary Michael McHugh & Co., Newtown, Castlebar, Co. Mayo did act Tribunal in breach of the Institute’s Code of Ethics for Members: Fundamental Principle: (a): Integrity in that he: 1. signed audit reports of a number of audit client companies when he was not entitled to, due to his failure to comply with a revised Hot File Review Restriction imposed on him by letter dated 7th July 2010 from CARB’s Quality Assurance Committee; 2. submitted undated signed audited accounts to the Companies Registration Office after the coming into force of the revised Hot File Review Restriction imposed on him by letter dated 7th July 2010 from CARB’s Quality Assurance Committee. The issue of undated audited accounts is also in breach of International Standard on Auditing 700, paragraph 23. John O’Brien John O’Brien & Co Crestfield Centre Riverstown Glanmire Co Cork 05/06/2012 Reprimand Costs: €10,148 Accountancy Ireland with name (Aug 2012) That Mr. J.O’Brien, a member of the Institute, practicing as Disciplinary O’Brien & Co., Chartered Accountants, Crestfield Centre, Tribunal Riverstown, Glanmire, Co. Cork did render himself liable to disciplinary action pursuant to Bye-Law 63.1 (e) in respect of an unsatisfied judgment against him in favour of Anglo Irish Bank Corporation plc. Member/Firm/Student Details Date of Order Sanction Details of Case Determined by: Rory Burns 50a Balmoral Avenue Belfast BT9 6NX 30/04/2012 Reprimand Publication in Accountancy Ireland with name (June 2012) That Mr. Rory Burns a member of Chartered Accountants Disciplinary Ireland with an address at 50a Balmoral Avenue, Belfast BT9 Tribunal held in 6NX did render himself liable to disciplinary action pursuant to public Bye-Law 6.1(f) of the Institute’s Disciplinary Bye-Laws as an insolvency event occurred in relation to him. Fiona Donnelly (nee Casey) 07/03/2012 Severe Reprimand Costs: €7,529.27 Publication in Accountancy Ireland with name (July 2012) The Ms. Fiona Donnelly (nee Casey) a member of the Institute Disciplinary did act in breach of the Institute’s Code of Ethics for Members: Tribunal Fundamental Principle (a): Integrity and the Institute’s Audit Regulations and Guidance paragraph 4.05 in that she signed audit reports for a company in the name of the firm of which she was an employee whilst she was not a responsible individual. Patrick Gahan Gahan & Co 14 South Lotts Road Dublin 4 06/03/2012 Reprimand Costs: €2,500 Publication in Accountancy Ireland with name (June 2012) That Mr. Patrick Gahan, a member of the Institute with an Disciplinary address at Gahan & Co., 14 South Lotts Road, Dublin 4 did act Tribunal in breach of the Institute’s Disciplinary Bye-Law 6.1(d) in that he failed to respond to correspondence from the Chartered Accountants Regulatory Board and to co-operate with its investigation. Eamon O’Sullivan O’Sullivan & Associates 69 Main Street Blackrock Co Dublin 01/10/2011 That Mr. Eamon O’Sullivan, a member of the Institute Disciplinary practicing as O’Sullivan Associates, 69 Main Street, Blackrock, Tribunal Co Dublin did render himself liable to disciplinary action pursuant to Bye-Law 63.1(e) in respect of a number of unsatisfied judgment against him amounting to €82,929.85 in favour of the Collector General. Mr. Rory Dowling Rory Dowling & Co Unit 1 Haggard Mews 21/07/2011 Reprimand Costs: €8,500 Publication in Accountancy Ireland with name (Dec 2011) and National Press Reprimand Costs: €3,000 That Mr. Rory Dowling, a member of the Institute, with an Disciplinary address at Haggard Mews, Trim Co. Meath did: Tribunal Member/Firm/Student Details Trim Co Meath John O’Brien O’Brien & Company Chartered Accountants Crestfield Centre Riverview Glanmire Co Cork Date of Order Sanction 22/04/2011 Publication in Accountancy Ireland with name (Oct 2011) Reprimand Costs: €1,000 Publication with name in Accountancy Ireland (Aug 2011) Details of Case Determined by: (i) act in breach of his duty to co-operate with the disciplinary process as set out in Bye-Law 62.1 by failing to respond to correspondence from CARB; (ii) act in breach of the Institute’s Code of Ethics for Members; Fundamental Principle (a) Integrity, in that during the period from 26th October 2009 to date he has undertaken audit assignments even though his firm’s audit registration has been withdrawn; (iii) act in breach of the Institute’s Code of Ethics for Members: Fundamental Principle (a): Integrity, in that he signed an audit opinion for a client company after his firm’s audit registration had been withdrawn. That Mr. John O’Brien, a member of the Institute, trading under Disciplinary the title of O’Brien & Co., Chartered Accountants, with an Tribunal address at Crestfield Centre, Riverstown, Glanmire, Co. Cork, as a director of a company: a) failed to advise a creditor that the company had been struck off; and b) allowed the company to continue trading after strike-off.