Wyoming may have the lowest population of any state in America, but its residents and businesses need accounting services just as much as anyone else. As employment opportunities in Wyoming grow, public accountants (PAs) and certified public accountants (CPAs) may even find themselves filling a desirable and lucrative niche in the market—that is, as long as their licenses remain active and free of sanctions.
It's easier said than done. Accounting practices are ripe for potential misconduct and, therefore, heavily monitored. In Wyoming, any complaints against a licensed accountant will be investigated by the state's Board of Certified Public Accountants. If the board investigators find any merit to the claim, they are within their rights to bring disciplinary charges. On the extreme end of the spectrum, this could mean the suspension or even the loss of your accounting license.
Whenever a PA or CPA has licensing issues, it is crucial to hire an experienced license defense attorney. From the moment you hear word of a complaint against you, your best chance at a successful resolution is to secure legal representation immediately before the investigation process gets too far along. The Professional License Defense Team at the Lento Law Firm helps public accountants in Wyoming and nationwide navigate the disciplinary process and obtain suitable solutions for their careers. Contact our attorneys today by calling 888-535-3686 or by filling out our simple online form.
What Legal Power Does the Wyoming Board of Certified Public Accountants to Discipline You?
The Certified Public Accountant's Act of 2005 gives the Wyoming Board of Certified Public Accountants broad authority to take disciplinary action against accountants who have violated rules and regulations they agreed to as terms of the CPA license.
CPAs who have allegedly violated their licensing agreement may be forced to overcome board punishments of varying severity, including:
- A written warning to cease the allegedly inappropriate activity or else face sanctions
- A formal censure or reprimand, which will appear publicly on the CPA license
- A civil fine paid to the Board of Certified Public Accountants
- Limiting the scope of the CPA's practice
- Placing the license holder on probation, which is typically a set period of time as long as certain conditions are met
- Assigning a license holder to complete a specific professional education program relevant to the alleged misconduct
- Requiring the CPA to undergo peer review
- Dismissal of license
If a CPA license is dismissed, it may be possible to get it reinstated. However, the road back to the board's good graces can be challenging and time-consuming. It's best to take any opportunity you can to resolve the issue before it gets to that point. Even the lesser forms of discipline, like a reprimand, end up a part of your public record. This can have many negative repercussions, such as:
- Distraction from CPA work, which can lead to mistakes
- Increasing the likelihood that you are terminated for future infractions
- Limiting your potential job opportunities and future clientele
- Lowering your earning potential or caliber of client willing to work with you
- Mental and physical stress
CPAs who are facing sanctions of any level should always hire an attorney. It's impossible to know where a board investigation might lead. What may seem like a simple warning can easily turn into an issue that threatens the future of your license. The Lento Law Firm's experienced Professional License Defense Team will always fight to get you the best resolution in any circumstance.
Grounds for Sanctions Against PAs and CPAs Practicing in Wyoming
Chapter 6 of the Wyoming Administrative Rules sets forth professional conduct standards that public accountants must adhere to — otherwise, they may be cited as reasons for discipline. Sanction-worthy offenses in Wyoming include:
- Integrity and Objectivity Violations: This includes having a conflict of interest and continuing to provide accounting services, or knowingly misrepresenting facts to clients.
- Fee Violations: Any infractions or misappropriation when it comes to commissions, contingent fees, or referral fees may get a CPA into hot water with the licensing board.
- Incompetence: PAs and CPAs are expected to complete work for clients in a timely manner that implements the accounting profession's current best practices and standards.
- Confidentiality Violations: Public accountants have a responsibility to keep their clients' personal and financial information confidential, and violations can put a CPA's license at serious risk.
- Fraud or Fiscal Dishonesty: The financial nature of accounting means that fraud and dishonest practices are monitored heavily, and the discipline for these violations can be extreme.
- Unprofessional Conduct: CPAs treating clients in a negative way can face complaints and misconduct investigations. This can include instances of sexual harassment and discrimination.
- Other Criminal Activities: Certain criminal convictions, especially those related to financial and serious drug-related offenses, can place your CPA license in jeopardy.
A board investigation is a big deal, no matter what offense you have allegedly committed. However, it doesn't automatically equal a death sentence. Having a knowledgeable and capable attorney — especially one who has experience dealing with licensing boards — will provide you with a strong ally and a much better opportunity to retain your license.
The Adjudication Process for Professional Accountant Licensing Issues in Wyoming
Disciplinary proceedings typically begin with a written complaint. This can be physically mailed to the Wyoming Board of Certified Public Accountants at their office in Cheyenne, but is more often filed on their website. The complaint form includes the following sections:
- The name and personal info of the individual making the complaint
- The name of the CPA the complaint is regarding, as well as the firm they are associated with
- The type of violation the complainant is alleging, details regarding the incident(s), and any pertinent documents supporting the claim
- The names of any witnesses to the alleged misconduct
- Details of any prior attempts to resolve the issue
- Whether the complainant has retained an attorney, and whether the misconduct is simultaneously the subject of a civil lawsuit
- The complainant's willingness to testify at a hearing
- Signatures affirming that the complaint is true and has knowingly been made under oath
The complaint process is pretty thorough, and the failure of the complainant to provide all of the information requested makes it more likely that the complaint will be dismissed. However, that does not mean that false or exaggerated allegations are never investigated and punished. Regardless of the validity of the complaint, the Lento Law Firm will obtain a copy and plan a defense that challenges its claims.
If the board reviews the complaint and determines that there is enough evidence to continue, the adjudication process will look something like this:
Investigation
The Wyoming Board of Certified Public Accountants will refer the case to an Investigative Board Member (IBM), who will conduct an investigation into the claims alleged by the written complaint using the evidence provided and the state resources at their disposal — including witness questioning and subpoenaing documents. IBM will also review the CPA's side of the story and go over any relevant evidence they can provide to assert their innocence. If the findings of the investigation point to a likely violation, the board will enter the disciplinary part of the process.
Consent Agreement
Before going to a formal hearing, Wyoming's licensing board may attempt to negotiate a consent agreement with the CPA in question. A consent agreement functions similarly to a plea deal in a criminal case. The CPA would forgo the hearing, admit to violating license regulations, and submit to the board's recommended disciplinary actions — which may be lesser than the penalties they would have received after losing a hearing.
Accepting a consent agreement may or may not be a good option, because it guarantees punishment and a negative mark on your record. Depending on the strength of the evidence in your favor, your attorney may advise you to decline the agreement and proceed to a formal hearing.
Formal Hearing
A formal hearing in licensing cases is reminiscent of a trial. Both the board and the CPA (and their attorneys) appear in front of a state examiner to present evidence, call witnesses, and cross-examine. After this, the board will make its final decision regarding disciplinary actions, which can range from a slap on the wrist to a full revocation of the CPA license.
If the decision does not go your way, an appeal may be possible. Our Professional License Defense Team will explore every avenue that can lead our client to a better outcome. With our knowledge of your case details, we will let you know whether we feel an appeal has a chance for success.
Facing Professional Sanctions in Wyoming? Here is Why You Need the Lento Law Firm on Your Side
Certified public accountants facing the prospect of license sanctions may wonder if hiring an attorney holds any true benefit in these cases. It's just a licensing board investigation, after all, not a criminal or civil court. Where is the harm in representing yourself?
Do not fall into this trap. Professional sanctions can seriously affect a person's career, which, in turn, can derail their entire life. With so much on the line, Wyoming CPAs should look to retain the Lento Law Firm as soon as they get word that a complaint is being filed against them. Consider the following challenges inherent to licensing cases:
- A low standard of proof: While criminal convictions must be proved “beyond a reasonable doubt,” the same burden does not apply to licensing matters. It is possible that you may find yourself attempting to prove your innocence, rather than the board attempting to prove your guilt — an extremely difficult task, but one that our Professional License Defense Team can execute on your behalf.
- The licensing board's resources: The Wyoming Board of Certified Public Accountants is a public government agency, which means your case is essentially you versus the state of Wyoming. Simply put, most individuals do not have the personal resources to win that fight one-on-one. The Lento Law Firm is a nationwide firm filled with valuable resources we are willing to use to help you retain your license.
- Inexperience with licensing cases: Most of our professional clients are going through the licensing discipline process for the first time. While this is better than being a repeat offender, it still puts you at a disadvantage in that you've never navigated the situation before. Our team will prepare you for the process and make sure you are prepared every step of the way.
During the investigatory process, your license may be suspended or limited. Most of the time, however, CPAs are still able to perform their professional responsibilities while the discipline is being decided. Retaining the Lento Law Firm's Professional License Defense Team will allow you to focus on earning money while we worry about your licensing defense.
Who Can We Help in Wyoming?
Wherever you may live and work in Wyoming, the Lento Law Firm can help. Our nationwide firm serves CPA clients in urban and rural areas, including the following locations:
- Casper
- Cheyenne
- Cody
- Converse County (Douglas, Glenrock)
- Evanston
- Gillette
- Green River
- Jackson
- Lander
- Laramie
- Lincoln County (Afton, Alpine, Kemmerer, Star Valley)
- Powell
- Rawlins
- Riverton
- Rock Springs
- Sheridan
- Torrington
If you don't see your town on the list, never fear. Our team can help all Wyoming accountants, from the state's biggest firms to small solo businesses. Give the Lento Law Firm a call to see how we can assist you.
Retain the Lento Law Firm's Professional License Defense Team
When your professional license is in jeopardy, you can leave nothing to chance. Whether your case is already underway or you are simply worried that a complaint might be filed, do not hesitate to reach out to the Lento Law Firm. Retaining our Professional License Defense Team is the first step toward a suitable resolution for your case. To schedule a consultation, contact us today at 888-535-3686 or fill out our contact form.
