On 25 November Ison Harrison appeared on behalf of a member of the Association of Chartered Certified Accountants (ACCA) in order to contest three allegations of misconduct.
It was alleged that the accountant had been dishonest in not disclosing his criminal past, that a police caution he had received for drug possession was proof of misconduct and that he had failed to bring matters rendering him liable to disciplinary action to the attention of the association.
Ison Harrison argued that the accountant had acted honestly at all times, that he had reacted promptly to declare his criminal past and that in a caution was not misconduct.
The disciplinary committee agreed and found all of the misconduct allegations not proven.
On the issue of costs, the committee agreed, having heard forceful arguments in support of the accountant to reduce costs by over half and to restrict publicity of the case.
The accountant admitted misconduct in relation to his having a criminal conviction for a public order offence. Ison Harrison succeeded in convincing the committee that an admonishment was sufficient punishment in this case.
An admonishment has no practical effect on an accountant’s ability to practice. It is of note that the guideline sanction for a criminal conviction is exclusion from practice.
It is clear that accountants who are legally represented in disciplinary proceedings are able to achieve far better results than those who are not.
The vast majority of accountants have no advocacy experience and are not experienced litigators. The accountancy body will always be represented at the disciplinary committee by an experienced barrister yet over 70% of accountants do not have legal assistance or representation from a solicitor when facing misconduct allegations.
It is your practicing certificate and professional future on the line and it pays to have the right advice and representation.
If you are an accountant facing a disciplinary, regulatory or criminal investigation contact Ison Harrison for a confidential and detailed discussion of your options.
Ison Harrison is able to assist members of all accountancy bodies including the Association of Chartered Certified Accountants (ACCA), Institute of Chartered Accountants in England and Wales (ICAEW), the Chartered Institute of Management Accountants (CIMA) and the Institute of Financial Accountants (IFA).
If you have indemnity insurance and your insurer agrees to pay the costs of your case you do not have to use the solicitor appointed by your insurer. You are able to select Ison Harrison and your costs will be covered by your insurance.