In re Harvey S. Weingard

                                                 UNITED                                                 STATES OF AMERICA 

                                                                     Before                                                                     the                                                                     

SECURITIES AND EXCHANGE COMMISSION 

SECURITIES EXCHANGE ACT OF 1934 
Release No. 56412 / September 13, 2007 
ACCOUNTING AND AUDITING ENFORCEMENT 
Release No. 2692 / September 13, 2007 
ADMINISTRATIVE PROCEEDING 
File No. 3-12773 
In the Matter of 
Harvey S. Weingard, CPA, 
Respondent. 
ORDER INSTITUTING PUBLIC 
ADMINISTRATIVE AND CEASE-AND-
DESIST PROCEEDINGS PURSUANT TO 
SECTIONS 4C AND 21C OF THE 
SECURITIES EXCHANGE ACT OF 1934 
AND RULE 102(e) OF THE 
COMMISSION’S RULES OF PRACTICE, 
MAKING FINDINGS, AND IMPOSING 
REMEDIAL SANCTIONS AND A CEASE-
AND-DESIST ORDER 
I. 
The Securities and Exchange Commission (“Commission”) deems it appropriate that public 
administrative and cease-and-desist proceedings be, and hereby are, instituted against Harvey S. 
Weingard, CPA (“Respondent” or “Weingard”) pursuant to Sections 4C
1
 and 21C of the Securities 
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e)(1)(iii) of the Commission’s Rules of 
Practice.
2 
1 
Section 4C provides, in relevant part, that: 
The Commission may censure any person, or deny, temporarily or permanently, to any person the 
privilege of appearing or practicing before the Commission in any way, if that person is found . . . 
to  have  willfully  violated,  or  willfully  aided  and  abetted  the  violation  of,  any  provision  of  the  
securities laws or the rules and regulations thereunder. 
2 
Rule 102(e)(1)(iii) provides, in relevant part, that: 
The  Commission  may  censure  a  person  or  deny,  temporarily  or  permanently,  the  privilege  of  
appearing  or  practicing  before  it  in  any  way  to  any  person  who  is  found  .  .  .  to  have  willfully  
violated, or willfully aided and abetted the violation of any provision of the Federal securities laws 
or the rules and regulations thereunder. 

II. 
In anticipation of the institution of these proceedings, Respondent has submitted an Offer 
of Settlement (“Offer”), which the Commission has determined to accept.  Solely for the purpose 
of these proceedings and any other proceedings brought by or on behalf of the Commission, or to 
which the Commission is a party, and without admitting or denying the findings herein, except as 
to the Commission’s jurisdiction over him and the subject matter of these proceedings, which are 
admitted, Respondent consents to the entry of this Order Instituting Public Administrative and 
Cease-and-Desist Proceedings Pursuant to Sections 4C and 21C of the Securities Exchange Act of 
1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing 
Remedial Sanctions and a Cease-and-Desist Order (“Order”), as set forth below.   
III. 
On the basis of this Order and Respondent’s Offer, the Commission finds
3
 that: 
A.        RESPONDENT        
Harvey S. Weingard, CPA, 73, of Boynton Beach, Florida, is a certified public accountant 
licensed in the state of Florida since 2002 and doing business as a sole proprietorship.  Weingard 
audited The Furia Organization, Inc.’s (“Furia”) financial statements for the company’s 2003 and 
2004 fiscal years ended June 30, 2003, and June 30, 2004, respectively. 
B.        FACTS        
1. Furia is a Delaware corporation with its headquarters in Rockwall, Texas.  For its 
fiscal years ended June 30, 2003, and June 30, 2004, Furia had no revenues and no assets.   
2. Furia has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act 
of 2002 (the “Act”). 
3. Weingard audited Furia’s 2003 financial statements included in Furia’s annual 
report for fiscal year 2003 on Form 10-KSB, filed with the Commission on July 6, 2004.  As part 
of that audit, Weingard prepared and issued an audit report dated June 30, 2004, which the 
company included in its 2003 Form 10-KSB.  Furia paid Weingard $3,000 for the audit work. 
4. Weingard also audited Furia’s 2004 financial statements included in Furia’s annual 
report for fiscal year 2004 on Form 10-KSB, filed with the Commission on October 21, 2004.  As 
part of that audit, Weingard prepared and issued an audit report dated October 13, 2004 (together 
with the June 30, 2004 audit report, the “Furia audit reports”), which the company included in its 
The findings herein are made pursuant to Respondent’s Offer of Settlement and are not binding on any 
other person or entity in this or any other proceeding. 
2

3 

2004 Form 10-KSB.  Furia paid Weingard $5,000 for the audit work.
4 
5. At the time Weingard prepared and issued the Furia audit reports, he was not 
registered with the Public Company Accounting Oversight Board (the “Board”), as required by 
Section 102(a) of the Act. 
6. By order dated April 18, 2005, the Board disapproved an application for 
registration submitted by Weingard based in part on Weingard’s violation of Section 102(a) of 
the Act in issuing the Furia audit reports.
5
  The order effectively prevented Weingard from 
becoming registered with the Board until after February 15, 2006, approximately one year from 
the date the Board issued a notice of hearing on Weingard’s application.
6
  Weingard has only 
worked as an accountant through his sole proprietorship and has not otherwise been associated 
with a public accounting firm registered with the Board. 
C. VIOLATIONS 
1. Section 102(a) of the Act provides that “it shall be unlawful for any person that is 
not a registered public accounting firm to prepare or issue, or to participate in the preparation or 
issuance of, any audit report with respect to any issuer.”
7 
2. The provisions of Section 102(a) of the Act became effective on October 22, 2003.
8 
3. Based on the conduct described above, Respondent willfully
9
 violated Section 
102(a) of the Act. 
4 
During the course of the Commission’s investigation, Weingard voluntarily reimbursed Furia the $8,000 in 
audit fees through a combination of repayment and the provision of non-audit services to Furia.  In view of 
Weingard’s reimbursement, the Commission is not ordering disgorgement in this matter. 
5 
PCAOB Release No. 2005-004 (Apr. 18, 2005).  The order also found that Weingard’s issuance of the Furia 
audit reports violated Board Rule 2100, which implemented Section 102(a) of the Act. 
6 
The order states that with respect to any new registration application Weingard submits after February 15, 
2006, the Board will not issue a notice of hearing to determine whether to approve or disapprove such application 
based solely on the violations subject to the Board’s order.  Id. 
7 
A violation of the Act or any rule that the Board issues under the Act is treated for all purposes in the same 
manner as a violation of the Exchange Act, including with respect to penalties. Sarbanes-Oxley Act of 2002, 15 
U.S.C.A. § 7202(b)(1) (West 2002). 
8 
Section 102(a) became effective “[b]eginning 180 days after the date of the determination of the 
Commission under Section 101(d)” of the Act that the Board was prepared to undertake its statutory responsibilities.  
The Commission made the required determination on April 25, 2003.  See
 Order Regarding Section 101(d) of the 
Sarbanes-Oxley Act of 2002, Securities Act Release No. 8223, Exchange Act Release No. 47746, 2003 WL 
1956164 (Apr. 25, 2003). 
9 
“Willfully” as used in this Order means intentionally committing the act that constitutes the violation. 
There is no requirement that the actor also be aware that he is violating a rule or statute. See Wonsover v. SEC, 205 
F.3d 408, 414 (D.C. Cir. 2000); Tager v. SEC, 344 F.2d 5, 8 (2d Cir. 1965). 
3


D.        FINDINGS        
Based on the foregoing, the Commission finds that Weingard willfully violated Section 
102(a) of the Sarbanes-Oxley Act of 2002. 
E.        UNDERTAKING        
Respondent has undertaken not to request, demand, or accept, directly or indirectly, any 
compensation from Furia in connection with the audit work associated with the Furia audit reports.  
In determining whether to accept the Offer, the Commission has considered this undertaking. 
IV. 
In view of the foregoing, the Commission deems it appropriate to impose the sanctions 
agreed to in Respondent’s Offer. 
Accordingly, it is hereby ORDERED, effective immediately, that: 
A. Weingard shall cease and desist from committing or causing any violations and any 
future violations of Section 102(a) of the Act. 
B.        Weingard        is        censured.        
C. Weingard may practice before the Commission as an independent accountant 
provided that: 
1. The public accounting firm with which he is associated is registered with 
the Board in accordance with the Act, and such registration continues to be effective; and 
2. He has submitted to the Commission staff (attention: Office of the Chief 
Accountant) the Board’s letter notifying the public accounting firm with which he is associated 
that its registration application has been approved. 
            By            the            Commission.            
       Nancy M. Morris
       Secretary 
4

UNITED STATES OF AMERICA 

 Before the 


SECURITIES AND EXCHANGE COMMISSION 


SECURITIES EXCHANGE ACT OF 1934 
Release No. 56412 / September 13, 2007 

ACCOUNTING AND AUDITING ENFORCEMENT 
Release No. 2692 / September 13, 2007 

ADMINISTRATIVE PROCEEDING 
File No. 3-12773 

In the Matter of 

Harvey S. Weingard, CPA, 

Respondent. 

ORDER INSTITUTING PUBLIC 
ADMINISTRATIVE AND CEASE-AND
DESIST PROCEEDINGS PURSUANT TO 
SECTIONS 4C AND 21C OF THE 
SECURITIES EXCHANGE ACT OF 1934 
AND RULE 102(e) OF THE 
COMMISSION’S RULES OF PRACTICE, 
MAKING FINDINGS, AND IMPOSING 
REMEDIAL SANCTIONS AND A CEASE
AND-DESIST ORDER 

I. 

The Securities and Exchange Commission (“Commission”) deems it appropriate that public 
administrative and cease-and-desist proceedings be, and hereby are, instituted against Harvey S. 
Weingard, CPA (“Respondent” or “Weingard”) pursuant to Sections 4C1 and 21C of the Securities 
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e)(1)(iii) of the Commission’s Rules of 
Practice.2 

1 Section 4C provides, in relevant part, that: 

The Commission may censure any person, or deny, temporarily or permanently, to any person the 
privilege of appearing or practicing before the Commission in any way, if that person is found . . . 
to have willfully violated, or willfully aided and abetted the violation of, any provision of the 
securities laws or the rules and regulations thereunder. 

2 Rule 102(e)(1)(iii) provides, in relevant part, that: 

The Commission may censure a person or deny, temporarily or permanently, the privilege of 
appearing or practicing before it in any way to any person who is found . . . to have willfully 
violated, or willfully aided and abetted the violation of any provision of the Federal securities laws 
or the rules and regulations thereunder. 



II. 

In anticipation of the institution of these proceedings, Respondent has submitted an Offer 
of Settlement (“Offer”), which the Commission has determined to accept.  Solely for the purpose 
of these proceedings and any other proceedings brought by or on behalf of the Commission, or to 
which the Commission is a party, and without admitting or denying the findings herein, except as 
to the Commission’s jurisdiction over him and the subject matter of these proceedings, which are 
admitted, Respondent consents to the entry of this Order Instituting Public Administrative and 
Cease-and-Desist Proceedings Pursuant to Sections 4C and 21C of the Securities Exchange Act of 
1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing 
Remedial Sanctions and a Cease-and-Desist Order (“Order”), as set forth below.   

III. 

On the basis of this Order and Respondent’s Offer, the Commission finds3 that: 

A. RESPONDENT 

Harvey S. Weingard, CPA, 73, of Boynton Beach, Florida, is a certified public accountant 
licensed in the state of Florida since 2002 and doing business as a sole proprietorship.  Weingard 
audited The Furia Organization, Inc.’s (“Furia”) financial statements for the company’s 2003 and 
2004 fiscal years ended June 30, 2003, and June 30, 2004, respectively. 

B. FACTS 

1. Furia is a Delaware corporation with its headquarters in Rockwall, Texas.  For its 
fiscal years ended June 30, 2003, and June 30, 2004, Furia had no revenues and no assets.   

2. Furia has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act 
of 2002 (the “Act”). 

3. Weingard audited Furia’s 2003 financial statements included in Furia’s annual 
report for fiscal year 2003 on Form 10-KSB, filed with the Commission on July 6, 2004.  As part 
of that audit, Weingard prepared and issued an audit report dated June 30, 2004, which the 
company included in its 2003 Form 10-KSB.  Furia paid Weingard $3,000 for the audit work. 

4. Weingard also audited Furia’s 2004 financial statements included in Furia’s annual 
report for fiscal year 2004 on Form 10-KSB, filed with the Commission on October 21, 2004.  As 
part of that audit, Weingard prepared and issued an audit report dated October 13, 2004 (together 
with the June 30, 2004 audit report, the “Furia audit reports”), which the company included in its 

The findings herein are made pursuant to Respondent’s Offer of Settlement and are not binding on any 
other person or entity in this or any other proceeding. 

2


3 



2004 Form 10-KSB.  Furia paid Weingard $5,000 for the audit work.4 

5. At the time Weingard prepared and issued the Furia audit reports, he was not 
registered with the Public Company Accounting Oversight Board (the “Board”), as required by 
Section 102(a) of the Act. 

6. By order dated April 18, 2005, the Board disapproved an application for 
registration submitted by Weingard based in part on Weingard’s violation of Section 102(a) of 
the Act in issuing the Furia audit reports.5  The order effectively prevented Weingard from 
becoming registered with the Board until after February 15, 2006, approximately one year from 
the date the Board issued a notice of hearing on Weingard’s application.6  Weingard has only 
worked as an accountant through his sole proprietorship and has not otherwise been associated 
with a public accounting firm registered with the Board. 

C. VIOLATIONS 

1. Section 102(a) of the Act provides that “it shall be unlawful for any person that is 
not a registered public accounting firm to prepare or issue, or to participate in the preparation or 
issuance of, any audit report with respect to any issuer.”7 

2. The provisions of Section 102(a) of the Act became effective on October 22, 2003.8 

3. Based on the conduct described above, Respondent willfully9 violated Section 
102(a) of the Act. 

4 During the course of the Commission’s investigation, Weingard voluntarily reimbursed Furia the $8,000 in 
audit fees through a combination of repayment and the provision of non-audit services to Furia.  In view of 
Weingard’s reimbursement, the Commission is not ordering disgorgement in this matter. 

5 PCAOB Release No. 2005-004 (Apr. 18, 2005).  The order also found that Weingard’s issuance of the Furia 
audit reports violated Board Rule 2100, which implemented Section 102(a) of the Act. 

6 The order states that with respect to any new registration application Weingard submits after February 15, 
2006, the Board will not issue a notice of hearing to determine whether to approve or disapprove such application 
based solely on the violations subject to the Board’s order.  Id. 

7 A violation of the Act or any rule that the Board issues under the Act is treated for all purposes in the same 
manner as a violation of the Exchange Act, including with respect to penalties. Sarbanes-Oxley Act of 2002, 15 
U.S.C.A. § 7202(b)(1) (West 2002). 

8 Section 102(a) became effective “[b]eginning 180 days after the date of the determination of the 
Commission under Section 101(d)” of the Act that the Board was prepared to undertake its statutory responsibilities.  
The Commission made the required determination on April 25, 2003.  See Order Regarding Section 101(d) of the 
Sarbanes-Oxley Act of 2002, Securities Act Release No. 8223, Exchange Act Release No. 47746, 2003 WL 
1956164 (Apr. 25, 2003). 

9 “Willfully” as used in this Order means intentionally committing the act that constitutes the violation. 
There is no requirement that the actor also be aware that he is violating a rule or statute. See Wonsover v. SEC, 205 
F.3d 408, 414 (D.C. Cir. 2000); Tager v. SEC, 344 F.2d 5, 8 (2d Cir. 1965). 

3




D. FINDINGS 

Based on the foregoing, the Commission finds that Weingard willfully violated Section 
102(a) of the Sarbanes-Oxley Act of 2002. 

E. UNDERTAKING 

Respondent has undertaken not to request, demand, or accept, directly or indirectly, any 
compensation from Furia in connection with the audit work associated with the Furia audit reports.  
In determining whether to accept the Offer, the Commission has considered this undertaking. 

IV. 

In view of the foregoing, the Commission deems it appropriate to impose the sanctions 
agreed to in Respondent’s Offer. 

Accordingly, it is hereby ORDERED, effective immediately, that: 

A. Weingard shall cease and desist from committing or causing any violations and any 
future violations of Section 102(a) of the Act. 

B. Weingard is censured. 

C. Weingard may practice before the Commission as an independent accountant 
provided that: 

1. The public accounting firm with which he is associated is registered with 
the Board in accordance with the Act, and such registration continues to be effective; and 

2. He has submitted to the Commission staff (attention: Office of the Chief 
Accountant) the Board’s letter notifying the public accounting firm with which he is associated 
that its registration application has been approved. 

 By the Commission. 

       Nancy  M.  Morris
       Secretary  

4