As an accounting professional, your reputation for competency, honesty, and ethical behavior is everything. That's why facing a complaint or disciplinary action can feel so frightening. Even if you feel certain that your actions were proper and correct, your hard-fought-for reputation is at risk. If the allegations are serious enough, your accounting license and livelihood might even be in jeopardy. From the moment you learn of a complaint against you, it's crucial to seek legal advice so you fully understand the nature of the allegations and start preparing a robust defense.
If you are a Vermont accountant accused of unprofessional conduct, whether legal or ethical violations, call the Lento Law Firm today and speak with a member of our Professional License Defense Team. We have spent years helping professionals in a range of industries protect their rights, licenses, and reputations. We are ready to help you, too. Call the Lento Law Firm at 888-535-3686 today or contact us online.
Vermont Board of Public Accountancy
Accounting professionals in Vermont are held to high ethical and professional standards. Your role often requires you to handle sensitive financial information for individuals, businesses, and organizations who trust you to act with accuracy, integrity, and confidentiality. Your advice and expertise enable them to make informed decisions that impact their financial health and their future. Breaching this trust comes with significant consequences.
Vermont's Secretary of State's Office of Professional Regulation oversees the licensing and regulating of accountantsin conjunction with the Vermont Board of Public Accountancy, which governs the profession. Board members are appointed by the governor and serve in staggered five-year terms. The Board consists of four to five members, at least three of which must be Certified Public Accountants and one of which must be a member of the public with no connection to accounting. Board members' overarching role is to protect the public from unethical and incompetent accountants–they are not there to protect you.
An accountant's code of conduct is guided by Vermont law, which lists the various actions that may constitute unprofessional conduct. When an accountant is accused of violating any part of this regulation or others, the Board will review the issue and determine whether the allegation has merit. If they determine a violation has occurred, they will assess and deliver an appropriate sanction.
If you are a CPA accused of violating these rules and standards, you need a legal professional in your corner to look out for your interests. The Lento Law Firm's Professional License Defense Team can relieve some of your stress and uncertainty by helping you understand the allegations, providing an evaluation of the situation, and discussing your rights and the strongest defense options.
Types of Accusations that Can Put an Accountant's License in Jeopardy
As Vermont law makes clear, CPAs can be disciplined for a variety of reasons, whether breaches of ethical standards, violations of professional regulations, or failure to meet professional standards of conduct. Here are some common reasons for which an accountant may face disciplinary action:
- Making dishonest, fraudulent, misleading, deceptive, or untrue statements in the practice of public accountancy.
- Failing to make available, upon the request of a client, copies of documents in your possession or under your control when those documents have been prepared for and paid for by the client.
- Failing to return client-supplied information and documents upon the request of the client.
- Practicing or offering to practice beyond the scope permitted by law.
- Accepting and performing public accounting responsibilities that you know or have reason to know that you are not competent to perform.
- Performing accounting services that have not been authorized by the client or the client's legal representative.
- Making a false or misleading statement in support of an accounting license application filed by another.
- Making false or fraudulent statements while trying to obtain or renew a CPA license.
- Engaging in false advertising.
- Disclosing a client's confidential information without authorization.
- Making false or misleading statements regarding qualifications, experience, or professional credentials.
- Engaging in activities that create conflicts of interest, such as accepting inappropriate gifts or incentives from clients or engaging in outside business activities that impair independence or objectivity.
- Acting in a manner that compromises independence, such as having a financial or personal relationship with a client that could influence objectivity in providing professional services.
- Refusing to cooperate with Board investigations or inquiries by regulatory authorities or failing to comply with requests for information or documentation.
- Failing to comply with an order of the Board or violating any term or condition of a license that the Board has restricted.
If you are found responsible for one of the above actions, the Board will issue a sanction. Forms of sanctions may include:
- Fines. You will be responsible for paying financial penalties.
- Public reprimand. A citation will be placed on your record.
- Probation. You will be allowed to continue practicing accounting while being monitored.
- Remedial coursework. You may be required to complete additional classes to ensure your accounting competency.
- License restriction. The Board may prohibit you from performing certain professional functions.
- License suspension. The Board may temporarily prohibit you from practicing accountancy, but your license will not be revoked.
- License revocation. The Board will rescind your license, and you will be prohibited from practicing accountancy in Vermont.
Note that for certain acts of misconduct, you may also face criminal or civil penalties, particularly gross negligence, fraud, or dishonesty in accounting practices. You might also lose your license if you have been convicted of a felony or a fraud-related misdemeanor.
Reinstating a revoked accounting license is extremely challenging. It's crucial to reach out to the Lento Law Firm's Professional License Defense Team at the outset of the discipline process. We can help develop a thorough and strategic defense to protect you and achieve the best possible outcome.
The Disciplinary Process for Vermont Accountants
Anyone who has a complaint against an accountant must file the allegation with the Secretary of State's Office of Professional Regulation (OPR). Once the complaint is received, officials will screen it to evaluate whether the alleged misconduct is within the OPR's jurisdiction and whether the conduct, if true, would constitute unprofessional conduct that warrants a sanction. If a complaint is filed against you, the OPR will notify you of the filing, regardless of the final screening decision. If the OPR decides not to take action on the complaint, you will be informed of the decision by letter.
If the OPR believes the complaint may have merit, it will open an investigation and inform you. They might send you a copy of the complaint and request a written response. Whether you receive a copy of the complaint or not, once you receive notice of a pending investigation against you, you should seek experienced legal counsel immediately.
The OPR will assign an investigative team to the matter. The team will include a Case Manager, an Investigator, a Board Member with expertise in the profession, and a State Prosecuting Attorney. During the investigation phase, the Investigator will gather information from the person who filed the complaint (the complainant), you (the respondent), other relevant witnesses, written documentation, records, and other forms of evidence. The length of the investigation depends upon the nature and complexity of the case and might take an extensive amount of time to complete.
Once the Investigator is satisfied with the initial information gathered, they will present it to the rest of the Investigative Team. The other team members may request or suggest additional information or offer ideas for other areas of inquiry to explore. The State Prosecuting Attorney will determine whether the investigation shows unprofessional conduct that warrants civil or criminal prosecution. After all the team inquiries are satisfied, the complaint is either closed, or you will be charged with unprofessional conduct.
If the Team decides to close the case without charges, the investigative details and your identity, that of the Respondent, will remain confidential. A short closing report will be mailed to both you and the complainant, notifying both of you of the investigation's outcome. If charges are found against you, both you and the complainant will be notified by letter of the charges, and a hearing date will be set.
Charges may be resolved in one of two ways. You may be able to arrive at an agreement, known as a stipulation, where you and the complainant agree on the material facts. Alternatively, you may proceed to the hearing before the full Board, where you will be permitted to present your defense with any witnesses or documents that support your position.
Once the hearing concludes, the Board will make its final determination. If they are convinced that you have engaged in unprofessional conduct, they will issue an appropriate sanction. The entire process may take a year or longer to resolve.
Appeal of An Adverse Determination
If the Board determines that you have engaged in unprofessional conduct, you may be able to appeal the decision. The appeals process typically does not involve a rehearing of the case and seldom results in overturning the decision. However, you may have certain grounds for appeal, including:
- Procedural errors. If the Board didn't properly follow its own rules and procedures while investigating the complaint against you, you might be able to argue that these omissions compromised the judgment against you.
- Arbitrary ruling. You may be able to argue that the Board was influenced by something other than the evidence and facts and that their decision to rule against was unfairly biased.
- Lack of substantial evidence. The Board must support its decision by providing substantial evidence of your violation and clear, justifiable reasons for suspending or revoking your license. If they fail in this duty, you may be able to successfully appeal.
- Clearly erroneous. If you can demonstrate that the Board's decision against obviously went against the evidence presented, you may have success on appeal.
Be aware that an appeal very rarely results in overturning the Board's decision.Unless you have substantial evidence demonstrating that the board exceeded its authority, you may decide that pursuing an appeal is not financially prudent.
Why You Need a CPA License Defense Attorney in Vermont
To become a CPA, you spend years studying, taking demanding exams, and carefully building your reputation as a skilled, honest, and ethical accountant. You should take any complaint that threatens your career or stains your reputation for competence or integrity seriously. An experienced license defense team, such as at the Lento Law Firm, can help protect these crucial aspects of your professional life.
The Lento Law Firm Professional License Defense Team are well aware of the challenges accountants face when accused of misconduct. Although the Board conducts an intensive investigation of the complaint, their job is to look out for the interest of the public, not yours. This may lead them to unwittingly overlook evidence in your favor and bring charges that should have been dropped. The Professional License Defense Team in your corner will help ensure that the Board conducts a thorough and fair investigation and properly considers all evidence and rules.
Having an attorney from the Lento Law Firm by your side also will give you peace of mind as you go through the disciplinary process. The Board is familiar with every aspect of these proceedings, from the process to rules, but you are not. This lack of knowledge leaves you at a disadvantage as you must scramble to stay abreast of all the often- complex rules and nuanced arguments. Our knowledgeable and experienced License Defense Team can help you stay on top of the process, be well-prepared for each next step, and ensure that your side of the story is presented clearly and persuasively.
The Lento Law Firm's Professional Licensing Defense Team Can Help
Remember, what may seem like a minor complaint can quickly blow-up into a career-harming affair. Protect your career, reputation, and all that you've worked for by hiring the Lento Law Firm as soon as possible. Call us today at 888-535-3686 today or contact us online so we can get started. We want to help you achieve the best outcome possible so you can continue to thrive in your career.
