a'fM lt/, a o [) - DCA - State of California admit the truth of each and every charge and allegation...
Transcript of a'fM lt/, a o [) - DCA - State of California admit the truth of each and every charge and allegation...
BEFORETHE CALIFORNlA BQARJ) (lF ACCOUNTANCV DE~A~TMENT OF CONSUMER AFFAIRS
STATE OF CAL~FORNIA
In the M~tter ofthe Accusation Against Case No AC20l6 80
JUNGMElWANG OAHNo 2016090929 28Nortlt First Street~ Suite 900 San Jose (alifornia 95113-1219
Certified Jlublic Accountant Certificate No CPA80641
and
WANG amp CROU ACCOUNTANCY ltORP 28 North Fit~t Street Suite 90() middot San Jo-se Ca1iforni~J 95113middot1219
Qertified PublicAccountancy Corporation C~rtiflcat~ No COR 49$7
R~spondtlnts
i Ui~lSION ANti OBJl~R The attached St1pulateg Settlement andDiscipHnruy Order ls hereby adopted by the
California Board ofAccotntancy Departmettt of Consumer Affairs middot~middotits P~ci~ion Jtrthis
1shy
m~tter
ThisDecision shall becomeeffective on rYafM lt toll
It is so ORDERED fJ) 3 a_o [)
ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
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KATHLEEN A KtmiddotNEALY Acting Attorney General of California
2 JOSHUA A ROOM Supervising Deputy Attorney General
3 NICHOLAS TSUKAMAKl Deputy Attorney General
4 State Bar No 253959 455 Golden Gate Avenue Suite II 000 San Francisco CA 94 I 02-7004 Telephone (415) 703-1188
6 Facsimile (415) 703-5480 E~mail NicholasTsukamakidojcagov
7 Allorneysfor Complainant
8 llEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY
9 DEPARTMENT OF CONSUMER AFFAIRS STATE QI CALIFORNIA
11 In the Matter of the Accusation Against
12 JlJNG MEl WANG 28 North First Street Suite 900
13 San Jose California 95113-1219
14 Certified Igtublic Accountant Certificate No CPA80641
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WANG amp CHOU ACCOUNTANCY 17 CORP
28 North First Street Suite 900 18 San Jose California 95113-1219
19 Certified Public Accountancy Corporation Certificate No COR 4987
21 Respondents
Case No AC-20 16-80
OAil No 2016090929
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
23 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the aboveshy
24 entitled proceedings that the following matters are true
PARJIES
26 Patti Bowers (Cmnplainant) is the Executive Officer of the Calitbmia Board of
27 Accountancy (CBA) She brought this action solely in her offiGial capacity and is represented in
28 this matter by Kamala D Harris Attorney General of the State ofCatifixnia by Nicholas
1---------------------middot--middotmiddot-~-middot-middotmiddotmiddotmiddotmiddot-middotmiddot----middot--middot STIPULATED SETTLEMENT (AC-2016-80)
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Tsukamaki Deputy Attorney General
2 Respondent Jung Mei Wang (Respondent Wang) and Respondent Wang amp Chou
Accountancy Corp (Respondent Corporation) are represented in this proceeding by attorney
Lucy S McAllister whose address is 255 North Market Street Suite I 00 San Jose CaliJbrnia
95110
3 On or about February 15 2001 the CBA issued CertU1ed Public Accountant
Certificate No CPA 80641 to Respondent Wang The Certified Public Accountant Certificate
was in full force and eJiect at a11 times relevant to the charges brought in Accusation No
AC-2016-80 ~md will expire on July 31 2017 unless renewed
4 On or about July 18 200 I the CBA issued Certified Public Accountancy Corporation
Certificate No COR 4987 to Respondent Corporation The Certified Public Accountancy
Corporation Certificate was in JltU fbrce and effect at aU times relevant to the charges brought in
Accusation No AC-2016-80 and wili GXpire on July 31 2017 unless renewed
JURISDICTION
5 Accusation No AC-2016-80 was filed before the CBA and is currently pending
against Respondents The Accusation and all other statutorily required documents were properly
served on Respondents onJune 30 2016 Respondents timely tiled their Notice of Defense
contesting tbc Accusation
6 A copy of Accusation No AC-20 16-80 is attached as exhibit A and incorporated
herein by reference
ADVISEMENT AND WAIVERS
7 Respondents have caretblly read fhlly discussed with counsel and understand the
charges and allegations in Accusation No AC-20 16-80 Respondents have also caretltlly read
fully discussed with counsel and understand the effects of this Stipulated Settlernent and
Disciplinary Order
8 Respondents are fully aware of their legal rights in this matter including the right to a
hearing on the charges and allegations in the Accusation the right to confront and cross-examine
the witnesses against them the right to present evidence and to testify on their mvn behalf the
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right to the issuance of subpoenas to compel the attendance of witnesses and the production of
documents the right to reconsideration and court review of an adverse decision and all other
rights accorded by the Californiu Administrative Procedure Act and other applicuble laws
9 Respondents voluntarily knowingly and intelligently waive and give up each and
every right set Jltnth above
CULPABlLIlY
10 Respondents admit the truth of each and every charge and allegation in Accusation
NoAC-2016-80
lL Respondent Wang agrees that her Certii1ed Public Accountant Certificate is subject to
discipline and she agrees to be bound by the CBAs probationary terms as set forth in the
Disciplinary Order below
12 Respondent Corporation agrees that its Certified Public Accountancy Corporation
Certificate is subject to discipline and it agrees to be bound by the CBAs probationary terms as
set forth in the Disciplinary Order below
CONTINGENCY
13 This stipulation shall be subject to approval by the CBA Respondents understand
and agree that counsel t(w Complainant and the staff of the CBA may communicate directly with
the CBA regarding this stipulation and settlement without notice to or participation by
Respondent ortheir counsel By signing the stipulation Respondents understand and agree that
they may not withdmw their agreement or seek to rescind the stipulat1on prior to the time the
CBA considers and acts upon it lfthe CBA fails to adopt this stipulation as its Decision and
Order the Stipulated Settlement and Disciplinary Order shall be of no force or effect except tbr
this paragraph it shall be inadmissible in any legal action between the parties and the CBA shall
not be disqualified from further action by having considered this matter
14 The parties understand and agree that Portable Document Format (PDF) and facsimile
copies of this Stipulated Settlen1ent and Disciplinary Order including PDF and facsimile
signatures thereto shall have the san1e force and effect as the originals
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STIPULATED SETTLEMENT (AC-2010-ROJ
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15 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
integrated writing representing the complete Hnal and exclusive embodiment of their agreement
It supersedes any and all prior or contemporaneous agreements understandings discussions
negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary
Order may not be altered amended modified supplemented or otherwise changed except by a
writing executed by an authorized representative of each of the parties
16 In consideration ofthe foregoing admissions and stipulations the parties agree that
the CBA may without further notice or ft1nnal proceeding issue and enter the following
Disciplinary Order
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Certified Public Accountant Certificate No CPA 80641
issued to Respondent Jung Mei Wang (Respondent Wang) and Certified Public Accountancy
Corporation Certificate No COR 4987 issued to Respondent Wang amp Chou Accountancy Corp
(Respondent Corporation) are revoked However the revocation is stayed and Respondents are
placed on probation for three (3) years on the following terms and conditions
L Obey All Laws
Respondents shall obey all federal Califbrnia other states and local laws including those
rules relating to the practice of public accountancy in California
2 Cost Reimbursement
Respondents shall reimburse the CBA $927359 for its investigation and prosecution costs
Respondents shall be jointly and severally responsible for payment of costs The payment shall
be made as follows quarterly payments due with quarterly written ngtports
Final payment shall be due six (6) months prior to the termination of probation
3 Submit Written Reports
Respondents shall submit within J 0 days of completion of the quarter written reports to
the CBA on a fbrm obtained from the CBA Respondents shall submit under penalty ofpetjury
such other written reports declarations_ and verification of actions as are required These
declarations shall contain statements relative to Respondents compliance with all the terms and
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STIPULATED SETTLElv1ENT (AC-2016-80)
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
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decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
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FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
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(JUNG MEl WANG) ACCUSATJON
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
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(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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KATHLEEN A KtmiddotNEALY Acting Attorney General of California
2 JOSHUA A ROOM Supervising Deputy Attorney General
3 NICHOLAS TSUKAMAKl Deputy Attorney General
4 State Bar No 253959 455 Golden Gate Avenue Suite II 000 San Francisco CA 94 I 02-7004 Telephone (415) 703-1188
6 Facsimile (415) 703-5480 E~mail NicholasTsukamakidojcagov
7 Allorneysfor Complainant
8 llEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY
9 DEPARTMENT OF CONSUMER AFFAIRS STATE QI CALIFORNIA
11 In the Matter of the Accusation Against
12 JlJNG MEl WANG 28 North First Street Suite 900
13 San Jose California 95113-1219
14 Certified Igtublic Accountant Certificate No CPA80641
and 16
WANG amp CHOU ACCOUNTANCY 17 CORP
28 North First Street Suite 900 18 San Jose California 95113-1219
19 Certified Public Accountancy Corporation Certificate No COR 4987
21 Respondents
Case No AC-20 16-80
OAil No 2016090929
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
23 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the aboveshy
24 entitled proceedings that the following matters are true
PARJIES
26 Patti Bowers (Cmnplainant) is the Executive Officer of the Calitbmia Board of
27 Accountancy (CBA) She brought this action solely in her offiGial capacity and is represented in
28 this matter by Kamala D Harris Attorney General of the State ofCatifixnia by Nicholas
1---------------------middot--middotmiddot-~-middot-middotmiddotmiddotmiddotmiddot-middotmiddot----middot--middot STIPULATED SETTLEMENT (AC-2016-80)
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Tsukamaki Deputy Attorney General
2 Respondent Jung Mei Wang (Respondent Wang) and Respondent Wang amp Chou
Accountancy Corp (Respondent Corporation) are represented in this proceeding by attorney
Lucy S McAllister whose address is 255 North Market Street Suite I 00 San Jose CaliJbrnia
95110
3 On or about February 15 2001 the CBA issued CertU1ed Public Accountant
Certificate No CPA 80641 to Respondent Wang The Certified Public Accountant Certificate
was in full force and eJiect at a11 times relevant to the charges brought in Accusation No
AC-2016-80 ~md will expire on July 31 2017 unless renewed
4 On or about July 18 200 I the CBA issued Certified Public Accountancy Corporation
Certificate No COR 4987 to Respondent Corporation The Certified Public Accountancy
Corporation Certificate was in JltU fbrce and effect at aU times relevant to the charges brought in
Accusation No AC-2016-80 and wili GXpire on July 31 2017 unless renewed
JURISDICTION
5 Accusation No AC-2016-80 was filed before the CBA and is currently pending
against Respondents The Accusation and all other statutorily required documents were properly
served on Respondents onJune 30 2016 Respondents timely tiled their Notice of Defense
contesting tbc Accusation
6 A copy of Accusation No AC-20 16-80 is attached as exhibit A and incorporated
herein by reference
ADVISEMENT AND WAIVERS
7 Respondents have caretblly read fhlly discussed with counsel and understand the
charges and allegations in Accusation No AC-20 16-80 Respondents have also caretltlly read
fully discussed with counsel and understand the effects of this Stipulated Settlernent and
Disciplinary Order
8 Respondents are fully aware of their legal rights in this matter including the right to a
hearing on the charges and allegations in the Accusation the right to confront and cross-examine
the witnesses against them the right to present evidence and to testify on their mvn behalf the
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right to the issuance of subpoenas to compel the attendance of witnesses and the production of
documents the right to reconsideration and court review of an adverse decision and all other
rights accorded by the Californiu Administrative Procedure Act and other applicuble laws
9 Respondents voluntarily knowingly and intelligently waive and give up each and
every right set Jltnth above
CULPABlLIlY
10 Respondents admit the truth of each and every charge and allegation in Accusation
NoAC-2016-80
lL Respondent Wang agrees that her Certii1ed Public Accountant Certificate is subject to
discipline and she agrees to be bound by the CBAs probationary terms as set forth in the
Disciplinary Order below
12 Respondent Corporation agrees that its Certified Public Accountancy Corporation
Certificate is subject to discipline and it agrees to be bound by the CBAs probationary terms as
set forth in the Disciplinary Order below
CONTINGENCY
13 This stipulation shall be subject to approval by the CBA Respondents understand
and agree that counsel t(w Complainant and the staff of the CBA may communicate directly with
the CBA regarding this stipulation and settlement without notice to or participation by
Respondent ortheir counsel By signing the stipulation Respondents understand and agree that
they may not withdmw their agreement or seek to rescind the stipulat1on prior to the time the
CBA considers and acts upon it lfthe CBA fails to adopt this stipulation as its Decision and
Order the Stipulated Settlement and Disciplinary Order shall be of no force or effect except tbr
this paragraph it shall be inadmissible in any legal action between the parties and the CBA shall
not be disqualified from further action by having considered this matter
14 The parties understand and agree that Portable Document Format (PDF) and facsimile
copies of this Stipulated Settlen1ent and Disciplinary Order including PDF and facsimile
signatures thereto shall have the san1e force and effect as the originals
I I I
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STIPULATED SETTLEMENT (AC-2010-ROJ
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15 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
integrated writing representing the complete Hnal and exclusive embodiment of their agreement
It supersedes any and all prior or contemporaneous agreements understandings discussions
negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary
Order may not be altered amended modified supplemented or otherwise changed except by a
writing executed by an authorized representative of each of the parties
16 In consideration ofthe foregoing admissions and stipulations the parties agree that
the CBA may without further notice or ft1nnal proceeding issue and enter the following
Disciplinary Order
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Certified Public Accountant Certificate No CPA 80641
issued to Respondent Jung Mei Wang (Respondent Wang) and Certified Public Accountancy
Corporation Certificate No COR 4987 issued to Respondent Wang amp Chou Accountancy Corp
(Respondent Corporation) are revoked However the revocation is stayed and Respondents are
placed on probation for three (3) years on the following terms and conditions
L Obey All Laws
Respondents shall obey all federal Califbrnia other states and local laws including those
rules relating to the practice of public accountancy in California
2 Cost Reimbursement
Respondents shall reimburse the CBA $927359 for its investigation and prosecution costs
Respondents shall be jointly and severally responsible for payment of costs The payment shall
be made as follows quarterly payments due with quarterly written ngtports
Final payment shall be due six (6) months prior to the termination of probation
3 Submit Written Reports
Respondents shall submit within J 0 days of completion of the quarter written reports to
the CBA on a fbrm obtained from the CBA Respondents shall submit under penalty ofpetjury
such other written reports declarations_ and verification of actions as are required These
declarations shall contain statements relative to Respondents compliance with all the terms and
4 -----------------middot---middotmiddot----------------------------+
STIPULATED SETTLElv1ENT (AC-2016-80)
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
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STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
3
(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
4
(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
7
(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
8
(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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Tsukamaki Deputy Attorney General
2 Respondent Jung Mei Wang (Respondent Wang) and Respondent Wang amp Chou
Accountancy Corp (Respondent Corporation) are represented in this proceeding by attorney
Lucy S McAllister whose address is 255 North Market Street Suite I 00 San Jose CaliJbrnia
95110
3 On or about February 15 2001 the CBA issued CertU1ed Public Accountant
Certificate No CPA 80641 to Respondent Wang The Certified Public Accountant Certificate
was in full force and eJiect at a11 times relevant to the charges brought in Accusation No
AC-2016-80 ~md will expire on July 31 2017 unless renewed
4 On or about July 18 200 I the CBA issued Certified Public Accountancy Corporation
Certificate No COR 4987 to Respondent Corporation The Certified Public Accountancy
Corporation Certificate was in JltU fbrce and effect at aU times relevant to the charges brought in
Accusation No AC-2016-80 and wili GXpire on July 31 2017 unless renewed
JURISDICTION
5 Accusation No AC-2016-80 was filed before the CBA and is currently pending
against Respondents The Accusation and all other statutorily required documents were properly
served on Respondents onJune 30 2016 Respondents timely tiled their Notice of Defense
contesting tbc Accusation
6 A copy of Accusation No AC-20 16-80 is attached as exhibit A and incorporated
herein by reference
ADVISEMENT AND WAIVERS
7 Respondents have caretblly read fhlly discussed with counsel and understand the
charges and allegations in Accusation No AC-20 16-80 Respondents have also caretltlly read
fully discussed with counsel and understand the effects of this Stipulated Settlernent and
Disciplinary Order
8 Respondents are fully aware of their legal rights in this matter including the right to a
hearing on the charges and allegations in the Accusation the right to confront and cross-examine
the witnesses against them the right to present evidence and to testify on their mvn behalf the
2
STIPULATED SETTLEMENT (C-201 G-80)
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right to the issuance of subpoenas to compel the attendance of witnesses and the production of
documents the right to reconsideration and court review of an adverse decision and all other
rights accorded by the Californiu Administrative Procedure Act and other applicuble laws
9 Respondents voluntarily knowingly and intelligently waive and give up each and
every right set Jltnth above
CULPABlLIlY
10 Respondents admit the truth of each and every charge and allegation in Accusation
NoAC-2016-80
lL Respondent Wang agrees that her Certii1ed Public Accountant Certificate is subject to
discipline and she agrees to be bound by the CBAs probationary terms as set forth in the
Disciplinary Order below
12 Respondent Corporation agrees that its Certified Public Accountancy Corporation
Certificate is subject to discipline and it agrees to be bound by the CBAs probationary terms as
set forth in the Disciplinary Order below
CONTINGENCY
13 This stipulation shall be subject to approval by the CBA Respondents understand
and agree that counsel t(w Complainant and the staff of the CBA may communicate directly with
the CBA regarding this stipulation and settlement without notice to or participation by
Respondent ortheir counsel By signing the stipulation Respondents understand and agree that
they may not withdmw their agreement or seek to rescind the stipulat1on prior to the time the
CBA considers and acts upon it lfthe CBA fails to adopt this stipulation as its Decision and
Order the Stipulated Settlement and Disciplinary Order shall be of no force or effect except tbr
this paragraph it shall be inadmissible in any legal action between the parties and the CBA shall
not be disqualified from further action by having considered this matter
14 The parties understand and agree that Portable Document Format (PDF) and facsimile
copies of this Stipulated Settlen1ent and Disciplinary Order including PDF and facsimile
signatures thereto shall have the san1e force and effect as the originals
I I I
3
STIPULATED SETTLEMENT (AC-2010-ROJ
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15 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
integrated writing representing the complete Hnal and exclusive embodiment of their agreement
It supersedes any and all prior or contemporaneous agreements understandings discussions
negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary
Order may not be altered amended modified supplemented or otherwise changed except by a
writing executed by an authorized representative of each of the parties
16 In consideration ofthe foregoing admissions and stipulations the parties agree that
the CBA may without further notice or ft1nnal proceeding issue and enter the following
Disciplinary Order
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Certified Public Accountant Certificate No CPA 80641
issued to Respondent Jung Mei Wang (Respondent Wang) and Certified Public Accountancy
Corporation Certificate No COR 4987 issued to Respondent Wang amp Chou Accountancy Corp
(Respondent Corporation) are revoked However the revocation is stayed and Respondents are
placed on probation for three (3) years on the following terms and conditions
L Obey All Laws
Respondents shall obey all federal Califbrnia other states and local laws including those
rules relating to the practice of public accountancy in California
2 Cost Reimbursement
Respondents shall reimburse the CBA $927359 for its investigation and prosecution costs
Respondents shall be jointly and severally responsible for payment of costs The payment shall
be made as follows quarterly payments due with quarterly written ngtports
Final payment shall be due six (6) months prior to the termination of probation
3 Submit Written Reports
Respondents shall submit within J 0 days of completion of the quarter written reports to
the CBA on a fbrm obtained from the CBA Respondents shall submit under penalty ofpetjury
such other written reports declarations_ and verification of actions as are required These
declarations shall contain statements relative to Respondents compliance with all the terms and
4 -----------------middot---middotmiddot----------------------------+
STIPULATED SETTLElv1ENT (AC-2016-80)
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
5
middot STlULATED SETTLEMENT (ACgt20 I (v80l
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
6
STIPULTED SETTl EMENl VC-20 I (J-80)
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
1
STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
9
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
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FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
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(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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right to the issuance of subpoenas to compel the attendance of witnesses and the production of
documents the right to reconsideration and court review of an adverse decision and all other
rights accorded by the Californiu Administrative Procedure Act and other applicuble laws
9 Respondents voluntarily knowingly and intelligently waive and give up each and
every right set Jltnth above
CULPABlLIlY
10 Respondents admit the truth of each and every charge and allegation in Accusation
NoAC-2016-80
lL Respondent Wang agrees that her Certii1ed Public Accountant Certificate is subject to
discipline and she agrees to be bound by the CBAs probationary terms as set forth in the
Disciplinary Order below
12 Respondent Corporation agrees that its Certified Public Accountancy Corporation
Certificate is subject to discipline and it agrees to be bound by the CBAs probationary terms as
set forth in the Disciplinary Order below
CONTINGENCY
13 This stipulation shall be subject to approval by the CBA Respondents understand
and agree that counsel t(w Complainant and the staff of the CBA may communicate directly with
the CBA regarding this stipulation and settlement without notice to or participation by
Respondent ortheir counsel By signing the stipulation Respondents understand and agree that
they may not withdmw their agreement or seek to rescind the stipulat1on prior to the time the
CBA considers and acts upon it lfthe CBA fails to adopt this stipulation as its Decision and
Order the Stipulated Settlement and Disciplinary Order shall be of no force or effect except tbr
this paragraph it shall be inadmissible in any legal action between the parties and the CBA shall
not be disqualified from further action by having considered this matter
14 The parties understand and agree that Portable Document Format (PDF) and facsimile
copies of this Stipulated Settlen1ent and Disciplinary Order including PDF and facsimile
signatures thereto shall have the san1e force and effect as the originals
I I I
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STIPULATED SETTLEMENT (AC-2010-ROJ
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15 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
integrated writing representing the complete Hnal and exclusive embodiment of their agreement
It supersedes any and all prior or contemporaneous agreements understandings discussions
negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary
Order may not be altered amended modified supplemented or otherwise changed except by a
writing executed by an authorized representative of each of the parties
16 In consideration ofthe foregoing admissions and stipulations the parties agree that
the CBA may without further notice or ft1nnal proceeding issue and enter the following
Disciplinary Order
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Certified Public Accountant Certificate No CPA 80641
issued to Respondent Jung Mei Wang (Respondent Wang) and Certified Public Accountancy
Corporation Certificate No COR 4987 issued to Respondent Wang amp Chou Accountancy Corp
(Respondent Corporation) are revoked However the revocation is stayed and Respondents are
placed on probation for three (3) years on the following terms and conditions
L Obey All Laws
Respondents shall obey all federal Califbrnia other states and local laws including those
rules relating to the practice of public accountancy in California
2 Cost Reimbursement
Respondents shall reimburse the CBA $927359 for its investigation and prosecution costs
Respondents shall be jointly and severally responsible for payment of costs The payment shall
be made as follows quarterly payments due with quarterly written ngtports
Final payment shall be due six (6) months prior to the termination of probation
3 Submit Written Reports
Respondents shall submit within J 0 days of completion of the quarter written reports to
the CBA on a fbrm obtained from the CBA Respondents shall submit under penalty ofpetjury
such other written reports declarations_ and verification of actions as are required These
declarations shall contain statements relative to Respondents compliance with all the terms and
4 -----------------middot---middotmiddot----------------------------+
STIPULATED SETTLElv1ENT (AC-2016-80)
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
5
middot STlULATED SETTLEMENT (ACgt20 I (v80l
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
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STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
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STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
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FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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15 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
integrated writing representing the complete Hnal and exclusive embodiment of their agreement
It supersedes any and all prior or contemporaneous agreements understandings discussions
negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary
Order may not be altered amended modified supplemented or otherwise changed except by a
writing executed by an authorized representative of each of the parties
16 In consideration ofthe foregoing admissions and stipulations the parties agree that
the CBA may without further notice or ft1nnal proceeding issue and enter the following
Disciplinary Order
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Certified Public Accountant Certificate No CPA 80641
issued to Respondent Jung Mei Wang (Respondent Wang) and Certified Public Accountancy
Corporation Certificate No COR 4987 issued to Respondent Wang amp Chou Accountancy Corp
(Respondent Corporation) are revoked However the revocation is stayed and Respondents are
placed on probation for three (3) years on the following terms and conditions
L Obey All Laws
Respondents shall obey all federal Califbrnia other states and local laws including those
rules relating to the practice of public accountancy in California
2 Cost Reimbursement
Respondents shall reimburse the CBA $927359 for its investigation and prosecution costs
Respondents shall be jointly and severally responsible for payment of costs The payment shall
be made as follows quarterly payments due with quarterly written ngtports
Final payment shall be due six (6) months prior to the termination of probation
3 Submit Written Reports
Respondents shall submit within J 0 days of completion of the quarter written reports to
the CBA on a fbrm obtained from the CBA Respondents shall submit under penalty ofpetjury
such other written reports declarations_ and verification of actions as are required These
declarations shall contain statements relative to Respondents compliance with all the terms and
4 -----------------middot---middotmiddot----------------------------+
STIPULATED SETTLElv1ENT (AC-2016-80)
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
5
middot STlULATED SETTLEMENT (ACgt20 I (v80l
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
6
STIPULTED SETTl EMENl VC-20 I (J-80)
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
1
STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
8
STIPULATED SETTLEMENT (AC-20 l 6-80)
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
9
STJPUl-ATED SETTLEMENT (AC-2016-80)
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
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FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
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(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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conditions of probation Respondents shall immediately execute all release of information [~)rms
as may be required by the CBA or its representatives
4 Personal Appearances
Respondents shall during the period of probation appear in person at interviewsmeetings
as directed by the CBA or its designated representatives ptmiddotovided such notification is
accomplished in a timely manner
5 Comply With Probation
Respondents shall fully comply with the terms and conditions of the probation imposed by
the CBA and shall cooperate fully with representatives ofthe CBA in its monitoring and
investigation ofRespondents compliance with probation tenns and conditions
6 Practke Investigation
Respondents shall be subject to and shall permit a practice investigation ofRespondents
professional practice Such a practice investigation shall be conducted by representatives ofthe
CBA provided notification of such review is accomplished in a timely manner
7 Comply Wit1 Citations
Respondents shall comply with all final orders resulting from citations issued by the CBA
8 Tolling of Probation for Out-of-State ResidcnccPracticc
In the event Respondents should leave California to reside or practice outside this state
Respondents must notify the CBA in writing of the dates of departure and return Periods of non-
California residency or practice outside the state shall not apply to reduction of the probationary
period or of any suspension No obligation imposed herein including requirements to file
written repmts reimburse the CBA costs and make restitution to consumers sha be suspended
or otherwise affected by such periods of out-of-state residency or pmctice except at the written
direction of the CBA
9 Violation of l)robation
lfRespondents violate probation in any respect the CBA after giving Respondents notice
and an opportunity to be heard may revoke probation and carry out the disciplinary order that
was stayed If an accusation or a petition to revoke probation is filed against Respondents during
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middot STlULATED SETTLEMENT (ACgt20 I (v80l
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
6
STIPULTED SETTl EMENl VC-20 I (J-80)
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
1
STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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STIPULATED SETTLEMENT (AC-20 l 6-80)
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
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FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
8
(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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probation the CBA shall have continuing jurisdiction until the matter is final and the period of
probation shall be extended until the matter is final
The CBAs Executive Ot1icer may issue a citation under Callfqrnia Code of Regulations
Section 95 to a licensee for a violation of a term or condition contained in a decision placing that
licensee on probation
10 Completion of Probation
Upon successful completion of probation Respondents licenses will be fully restored
ll Dissemination of Order
Within t1fteen (15) clays ofthe eifective date of the CBA s Decision and Order
Respondents shall disseminate this Stipulated Settlement and Disciplinary Order to all of
Respondents auditing staff and shall conllrm such dissemination in writing to the CBA
12 ContinuingEducation Courses
Respondents shall have all of those audit staff practicing in Respondents audit practice
complete eight (8) hours of professional continuing education courses in the subject area of audit
standards The courses shall be completed annually by March 31st of each year Respondents are
on probation Within 30 days following completion ofthe continuing education courses
Respondents shall provide a list of those personnel who attended and proper documentation of
course completion For those audit statf who attend the eight hours of training the hours shall not
be counted toward the CBAs continuing education requirement (as set fortb in Business and
Professions Code section 5027 and California Code of Regulations title 16 section 87) but
otherwise may be counted tovvards requirements for federal and non~CBA purposes or programs
Within 180 days of the effective date of this decision and order Respondent Wang shall
complete and provide proper documentation of professional education courses as follows
Four (4) hours in subject matter pertaining to audit documentation
Four (4) hours in subject matter pertaining to auditing specifically related to supervision
and review
Eight (8) hours in subject matter pertaining to audits of Employee Benefit Plans and
Sixteen (16) hours in subject matter pertaining to accounting and auditing
6
STIPULTED SETTl EMENl VC-20 I (J-80)
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
1
STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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STIPULATED SETTLEMENT (AC-20 l 6-80)
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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STJPUl-ATED SETTLEMENT (AC-2016-80)
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
3
(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
8
(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
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(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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These hours shall be in addition to continuing education requirements for relicensing
2 Failure to satisfactorily complete the required courses as scheduled shall constitute a
3 violation of probation
4 13 Maintuin and Use Jlublishcd Materials andor Checklists Consistent with
Practice
6 Respondents shall maintain and use published materials andor checklists consistent Vith
7 their practice Such matedals ltmel checklists shall be produced on-site for review by the CBA or
8 its designee upon tbulleasonable notice
9 J4 l)ccr Review
During the period of probation all audit review and compilation reports and work papers
11 shall be subject to peer review by a Board-recognized peer review program provider pursuant to
12 California Business and Professions Code Section 5076 and California Code of Regulations Title
13 16 Division 1 Article 6 at Respondents expense fhe specific engagements to be reviewed
14 shall be at the discretion ofthe peer reviewer Within 45 days ofthe peer review report being
accepted by a Board-recognized peer review program provider Respondents shall submit to the
16 CBA a copy of the peer reviev report including any materials documenting the prescription of
17 remedial or corrective actions imposed by the Board-recognized peer review program provider
18 Respondents shall also submit if available any materials documenting completion of any or all
19 ofthe prescribed remedial or corrective actions
15 Samples- Audit Review or Compilation
21 During the period of probation if Respondents undertake an audit review or compilation
22 engagement Respondents shall submit to the CBA as an attachment to the required quarterly
23 report a listing of the same The CBA or its designee may select one or more from each category
24 and the resulting report and nnancial statement and aU rcJated working papers must be submitted
to the CBA or its designee upon request
26 16 Active License Status
27 Respondents shall at all times maintain an active license status with the CBA including
28 during any period of suspension If Respondents licenses are expired at the time the CBAs
7
1
STIPULATED SETTLEMENT (AC-2016-l0)
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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STIPULATED SETTLEMENT (AC-20 l 6-80)
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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STJPUl-ATED SETTLEMENT (AC-2016-80)
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
4
(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
decision becomes effective the licenses must be renewed within 30 days of the effective date of
2 the decision
3 l7 l~thics Continuing Education
4 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
5 complete four hours of continuing education in course subject matter pertaining to the ft)llowil1g
6 a review of nationally recognized codes of conduct emphasizing how the codes relate to
7 professional responsibilities case-based instruction tbcusing on real~ lite situational learning
8 ethical dilemmas facing the accounting profession or business ethics ethical sensitivity and
9 consumer expectations Courses must be a minimum of one hour as described in California Code
10 of Regulations Section 882 These hours are in addition to the continuing education requirement
11 ihr relicensing
12 If Respondent Wang fails to complete said courses within the time period provided
13 Respondent Wang shall so notify the CBA and shall cease practice until she completes said
14 courses has submitted proof of same to the CBA and has been notified by the CBA that she may
i 5 resume practice Failure to complete the required courses within the time period provided shall
16 constitute a violation of probation
17 18 Regulatory Review Course
18 Within 180 days ofthe effective date of this Decision and Order Respondent Wang shall
19 complete a CBA-apptoved course on the provisions of the California A1~countancy Act and the
20 Caliibrnia Board of Accountancy Regulations specific to the practice of public accountancy in
21 California emphasizing the provisions applicable to current practice situations The course also
22 will include an overview ofhistoric ltHid recent disciplinary actions taken by the CBA
23 highlighting the misconduct which led to licensees being disciplined The course shall be a
24 minimum of two (2) hours These homs are in addition to the continuing education requirement
25 fbr relicensing
26 IfRespondent Wang il1ils to complete said courses within the time period provided
27 Respondent Wang shaH so notify the CBA and shall cease practice until she completes said
28 courses has submitted proof of same to the CBA a1d has been notified by the CBA that she may
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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tesume practice Failme to complete the required courses within the time period provided shall
constitute a violation of probation
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fnlly
discussedit with my attomey Lucy S McAllister I understand the stipulation and the effect it
will have on my Certified Public Accountant Certificate I enter into this Stipulated Settlement
and Disciplinary Order voluntarily knowingly and intelligently and agree to be bound by the
Decision and Order of the California Board of Accountancy
DATED JbJf) 11 --flJmiddot M~--middot-middot-~-L____ --- ~-___________~--~middotmiddot~middot - __________~~- ~ JUNG MEI WANG L-- Respondent
Ihave carefully read the above Stipulated Settlement and Disciplinary Order and have fuily
discussed it witl1 my attorney Lucy S McAllistet I understand the stipulation and the effect it -
will have on nty (ertifiedPublic Accountancy Cmyoration Certitlcate I enter into this Stipulated
Settlement and Disciplinary Order voluntarily knowingly and intelligently and agree to be
bound bythe Decision and Order of the California Board of Accountancy
DATED lligtQ9-middot JUNG MEl WANG for WANG amp CHOU ACCOUNTANCY CORP Re~pondent
Ill
Ill
II
II
Ill
Ill
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
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(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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1have read and fully discussed with Respondents lung Mei Wang and Wang amp Chou
Accountancy CotT the terms and conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order I npprove its fonn Md content I
DATED ~1~ L-~---middot_ middot-c-_ks ~~~----middotmiddot--middotmiddot~-middot---middotLUCY S MCAL middot~ AttorneyfiJr Re~jxmdrmfs
END()JtSEM~NT
lhe foNgoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted Jbr consideration by the California Board of Accountancy
Dated TrAJU~ry OJ J GlO 17 Respectfully submitted
KAMALA D HARRIS Attorney General of Call fornia middot JOSHUA A ROOM Supervising Deputy Attorney General
middottt-d~1 ~vz~FW_middot--t
NtCfOLAS TSUKAMAKl Deputy Attorney General AttorneysjiH Complainant
SF2016200392 41667625docx
0
STIPULATED SETTLEMENT (AC-20 J6middot80)
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
3
(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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KAMALA D HARRIS Attorney General of California JOSHUA A ROOM Supervising Deputy Attorney General NICHOLAS TSUKAMAKI Deputy Attorney General State Bar No 253959
455 Golden Gate A venue Suite 11 000 San Francisco CA 94102-7004 Telephone (415) 703-1188 Facsimjle ( 415) 703-5480 E-mail NicholasTsukamakidojcagov
AttorneysfJr Complainant
BEFORETHE CALIFORNIA BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against Case No AC-20 16-80
JUNG MEI WANG 28 North First Street Suite 900 San Jose California 95113-1219 ACCUSATION
Certified Public Accountant Certificate No CPA 80641
and
WANG amp CHOU ACCOUNTANCY CORP 28 North First Street Suite 900 San Jose California 95113-1219
Certified Public Accountancy Corporation Certificate No COR 4987
Respondents
Complainant alleges
PARTIES
1 Patti Bowers (Complainant) brings this Accusation solely in her official capacity as
the Executive Officer of the California Board of Accountancy (CBA) Department of Consumer
Affairs
(lUNG MEl VANG) ACCUSATJON
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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2 On or about February 15 2001 the CBA issued Certified Public Accountant
Certificate Number CPA 80641 to lung Mei Wang (Respondent Wang) The Certified Public
Accountant Certificate was in fu11 force and effect at all times relevant to the charges brought
herein and will expire on July 31 201 7 unless renewed
3 On or about July] 8 2001 the CBA issued Certified Public Accountancy
Corporation Certificate Number COR 4987 to Wang amp Choll Accountancy Corp (Respondent
Corporation) The Certified Public Accountancy Corporation Certificate was in full force and
effect at all times relevant to the charges brought herein and will expire on July 31 201 7 unless
renewed
JURISDICTION
4 This Accusation is brought before the CBA under the authority of the following laws
All section references are to the Business and Professions Code (Code) unless otherwise
indicated
5 Section 5109 of the Code states
The expiration cancellation forfeiture or suspension of a license practice privilege or
other authority to practice public accountancy by operation of law or by order or decision of the
board or a court of law the placement of a license on a retired status or the voluntary surrender
of a license by a licensee shall not deprive the board ofjurisdiction to commence or proceed with
any investigation of or action or disciplinary proceeding against the licensee or to render a
decision suspending or revoking the license
STATUTORY AND REGULATORY PROVISIONS
6 Section 5100 of the Code provides in relevant part
After notice and hearing the board may revoke suspend or refuse to renew any permit or
~ertificate granted under Article 4 (commencing with Section 5070) and Article 5 (commencing
with Section 5080) or may censure the holder of that permit or cetiificate for unprofessional
conduct that includes but is not limited to one or any combination of the following causes
(c) Dishonesty fraud gross negligence or repeated negligent acts committed in the same
2
(JUNO MEl VANG) ACCUSATION
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
3
(JUNG MEJ WANG) ACCUSATION
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
4
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
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(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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or different engagements for the same or different clients or any combination of engagements or
clients each resulting in a violation of applicable professional standards that indicate a lack of
competency in the practice of public accountancy or in the performance of the bookkeeping
operations described in Section 5052
(e) Violation of Section 5097
(g) Villful violation of this chapter or any rule or regulation promulgated by the board
under the authority granted under this chapter
7 Section 51005 of the Code provides in relevant part
(a) After notice and hearing the board may for unprofessional conduct permanently
restrict or limit the practice of a licensee or impose a probationary term or condition on a license
which prohibits the licensee from performing or engaging in any of the acts or services described
inSection5051
(e) For purposes of this section both of the following shall apply
(1) Unprofessional conduct includes but is not limited to those grounds for discipline or
denial listed in Section 5100
8 Section 5062 of the Code states A licensee shall issue a repmi which conforms to
professional standards upon completion of a compilation review or audit of financial statements
9 Section 5097 of the Code provides in relevant part
(a) Audit documentation shall be a licensees records of the procedures applied the tests
performed the information obtained and the pe1iinent conclusions reached in an audit
engagement Audit documentation shall include but is not limited to programs analyses
memoranda letters of confirmation and representation copies or abstracts of company
documents and schedules or commentaries prepared or obtained by the licensee
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
2
3
4
5
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8
9
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
7
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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(b) Audit documentation shall contain sufficient documentation to enable a reviewer with
relevant knowledge and experience having no previous connection with the audit engagement to
understand the nature timing extent and results of the auditing or other procedures performed
evidence obtained and conclusions reached and to determine the identity of the persons who
performed and reviewed the work
(c) Failure ofthe audit documentation to document the procedures applied tests
performed evidence obtained and relevant conclusions reached in an engagement shall raise a
presumption that the procedures were not applied tests were not performed information was not
obtained and relevant conclusions were not reached This presumption shall be a rebuttable
presumption affecting the burden ofproofrelative to those portions of the audit that are not
documented as required in subdivision (b) The burden may be met by a preponderance of the
evidence
10 Section 5156 of the Code states
igtn accountancy corporation shall not do or fail to do any act the doing of Vlhich or the
failure to do which would constitute unprofessional conduct under any statute rule or regulation
now or hereafter in effect In the conduct of its practice it shall observe and be bound by such
statutes rules and regulations to the same extent as a person holding a permit under Section 5070
of this code The board shall have the same powers of suspension revocation and discipline
against an accountancy corporation as are now or hereafter authorized by Section 5100 of this
code or by any other similar statute against individual licensees pr-ovided however that
proceedings against an accountancy corporation shall be conducted in accordance with Chapter 5
(commencing with Section] 1500) of Part 1 of Division 3 ofTitle 2 ofthe Government Code and
the board shall have all the powers granted therein
11 California Code of Regulations title 16 section 58 states
Licensees engaged in the practice of public accountancy shall comply with all applicable
professional standards including but not limited to generally accepted accounting principles and
generally accepted auditing standards
4
(JUNG MEl WANG) ACCUSATJON
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
2
3
4
5
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
7
(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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12 California Code of Regulations titl13 16 section 682 states
(a) To provide for the identification of audit documentation audit documentation shall
include an index or guide to the audit documentation which identifies the components of the audit
documentation
(b) In addition to the requirements of Business and Professions Code Sectioi1 5097(b)
audit documentation shall provide the elate the document or working paper was completed by the
preparer(s) and any reviewer(s) and shall include the identity ofthe preparer(s) and any
reviewer(s)
PROFESSIONAL STANDARDS
13 Standards of practice pertinent to this Accusation and the engagement at issue
include without limitation
a Generally Accepted Auditing Standards (GAAS) issued by the American Institute of
Certified Public Accountants (AICPA) The ten GAAS (AU sect15002) which are intenelated are
discussed in the Statements on Auditing Standards (SAS) The Si~s ar~ codified byAU
number in the AICPAs Cod(fication ofStatements on Auditing Standards Among the SAS
relevant herein in addition to AU sect 15002 which sets forth the GAAS are AU sect 150 (Generally
Accepted Auditing Standards) AUsect 311 (Planning and Supervision) AU sect 312 (Audit Risk and
Materiality in Conducting an Audit) AU sect 314 (Understanding the Entity and its Enviromnent
and Assessing the Risks of Material Misstatement) AU sect 316 (Consideration of Fraud in a
Financial Statement Audit) AUsect 326 (Audit Evidence) AUsect 339 (Audit Documentation) and
AU sect 560 (Subsequent Events)
b The Employee Retirement Income Security Act (ERISA) of 1974 established auditing
and reporting guidelines for defined benefit and defined contribution plans with 100 or more
participants The Auditing Standards Board issued the interpretative publication AICP A Audit
and Accounting Guide for Employee Benefit Plans to assist management of employee benefit
plans in the preparation of financial statements in conformity with US GAAP and to assist
auditors in auditing and reporting on such financial statements The guide represents the
5
(JUNG MEl WANG) ACCUSATION
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
7
(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
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application of generally accepted auditing standards and accounting principles to the special
circumstances that are unique to audits of employee benefit plans Thus while the inte1pretive
guide is non-authoritative the auditor should be prepared to address how the auditor complied
with SAS provisions addressed by the auditing guidance The Guide is codified by the AAGshy
EBP number Among the Guide chapters relevant hetein effective for financial statements for
plan years ending after December 15 2006 are Chapter 8 (Auditing Contributions Received and
Related Receivables) Chapter 9 (Auditing Benefit Payments) and Chapter 10 (Auditing
Participant Data Participant Allocations and Plan Obligations)
COSTS
14 Section 5107 subdivision (a) ofthe Code states
The executive officer of the board may request the administrative law judge as pmi of the
proposed decision in a disciplinary proceeding to direct any holder of a permit or ce1iificate
found to have committed a violation or violations of this chapter to pay to the board all reasonable
costs of investigation and prosecution of the case including but not limited to attorneys fees
The ~oard shall not recover costs incurred at the administrative hearing
15 Section 5116 of the Code provides in relevant part
(a) The board after appropriate notice and an oppmtunity for hearing may order any
licensee or applicant for licensure or examination to pay an administrative penalty as provided in
this article as part of any disciplinary proceeding or other proceeding provided for in this chapter
(b) The board may assess administrative penalties under one or more provisions of this
article However the total administrative penalty to be paid by the licensee shall not exceed the
amount of the highest administrative penalty authorized by this a1ticle
FACTUAL BACKGROUND
16 On or about August 26 2013 Respondents prepared a limited scope audit repmi of
the 401 (k) plan of Aeria Games amp Entertainment (Aeria) for the )ear ending December 31 2012
17 Respondents audit documentation for the Aeria audit lacks evidence of proper
planning and understanding of internal controls as follows
6
(JUNG MEl WANG) ACCUSATJON
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
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(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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a Respondents did not assess materiality
b Respondents did not obtain an understanding of the five components of internal
control
c Respondents did not evaluate internal controls or test their effectiveness
d Respondents did not adequately assess the risks of material misstatements including
the risk of fraud and management override of controls
18 Respondents clicl not obtain sufficient audit evidence for the Aeria audit in that the
audit documentation provided would not enable an experienced auditor to understand the work
performed and conclusions reached Also Respondents failed to perform certain procedures
necessary for a limited scope audit including but not limited to the following
a Procedures to determine that additions and reductions to net assets were reported in
the proper period and that the financial statement asse1iions were valid
b Procedures to determine that there were no unrecorded transactions
c Procedures for auditing contributions received and related receivables
d Procedures for auditing contributions received and related benefit payments
e Procedures for auditing participant data
19 Respondents audit documentation for the Aeria audit does not include the preparers
name the elate of performance of the audit procedures or an index
FIRST CAUSE FOR DISCIPLINE
(Gross Negligence andor Repeated Negligent Acts)
20 Respondents are subject to disciplinary action under section 5100 subdivision (c) of
the Code in that Respondents engaged in gross negligence andor repeated negligent acts in their
preparation of the Aeria audit The circumstances of Respondents conduct are set fo1ih above in
paragraphs 16-19
SECOND CAUSE FOR DISCIPLINE
(Failure of Report to Conform to Professional Standards)
21 Respondents are subject to disciplinary action under sections 5100 subdivision (g)
and 5062 of the Code in that the audit report Respondents prepared for the Aeria audit does not
7
(JUNG MEI WANG) ACCUSATJON
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
8
(JUNG MEl WANG) ACCUSATJON
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~~~-
PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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conform to professional standards The circumstances of Respondents conduct are set forth
above in paragraphs 16-19
THIRD CAUSE FOR DISCIPLINE
(Willful Failure to Comply With Jgtrofcssional Standards)
22 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code of Regulations title 16 section 58 in that Respondents willfully
failed to comply with all applicable professional standards including but not limited to generally
accepted accounting principles and generally accepted auditing standards in their preparation of
the Aeria audit The circumstances of Respondents conduct are set fmih above in paragraphs 16shy
19
FOURTH CAUSE FOR DISCIPLINE
(Inadequate Audit Documentation)
23 Respondents are subject to disciplinary action under section 5100 subdivision (e) of
the Code in that Respondents violated section 5097 subdivisions (b) and (c) of the Code as
followsRespondents audit ofAeria contains insufficient documentation Also in preparing
audit documentation for the Aeria audit Respondents did not apply certain procedures perform
certain tests obtain ce1iain information andor reach relevant conclusions as requiredmiddot The
circumstances of Respondents conduct are set forth above in paragraphs 16-19
FIFTH CAUSE FOR DISCIPLINE
(Failure to Include Information in Audit Documentation)
24 Respondents are subject to disciplinary action under section 5100 subdivision (g) of
the Code and California Code ofRegulations title 16 section 682 subdivisions (a) and (b) in
that (1) Respondents audit documentation for the Aeria audit does not include an index that
identifies the components of the audit documentation and (2) Respondents audit documentation
for the Aeria audit does not include the identity ofthe preparer(s) or the date of performance of
the audit procedures The circumstances of Respondents conduct are set forth above in
paragrapb 19
I I I
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(JUNG MEl WANG) ACCUSATJON
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-
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PRAYER
WHEREFORE Complainant requests that a hearing be held on the matters herein alleged
and that following the hearing the California Board of Accountancy issue a decision
1 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountant Certificate Number CPA 80641 issued to Tung Mei Wang
2 Revoking suspending restricting limiting or otherwise imposing discipline upon
Certified Public Accountancy Corporation Certificate Number COR 4987 issued to Wang amp
Chou Accountancy Corp
3 Ordering Tung Mei Wang and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy the reasonable costs ofthe investigation and enforcement of this
case pursuant to Business and Professions Code section 5107
4 Ordering Tung Mei Wa11g and Wang amp Chou Accountancy Corp to pay the
California Board of Accountancy 811 administrative penalty pursuant to Business and Professions
Code section 5116 and
5 _ _ _Taking Sltch oth_er a11cl_ furth_~r_e1ction as deen~~d ne~essary and proper
DATED odplusmnzmiddot PAT IBOWERS Executive Officer California Board of Accountancy Department of Consumer Affairs State of California Complainant
SF20 162003 92 41526307doc
9
(JUNG MEl WANG) ACCUSATION
- Disciplinary Action AC-2016-80 - California Board of Accountancy
-