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In re Preferred Accounting Services

summary

Preferred Accounting Services, Inc. and its engagement partner Ana Costales, CPA, willfully violated Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for New Era Trading Group while unregistered with the PCAOB, despite receiving a $100 fee for auditing a company with no revenues or assets, leading to SEC-imposed cease-and-desist orders and censure.

paragraph

Preferred Accounting Services, Inc. and Ana Costales, CPA, were charged with willfully violating Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for New Era Trading Group, Inc. in April 2004 while unregistered with the Public Company Accounting Oversight Board (PCAOB), a requirement effective since October 2003. The audit, performed for a company with $0 in revenues and assets, was conducted for a $100 fee, and Costales, as the engagement partner, was found to have caused the violation. Both respondents consented to an SEC settlement without admitting guilt, agreeing to cease-and-desist orders, censure, and mandatory PCAOB registration before resuming practice before the Commission, with the $100 fee voluntarily reimbursed to eliminate disgorgement.

narrative

Preferred Accounting Services, Inc. and its engagement partner, Ana Costales, CPA, were charged by the SEC with willfully violating Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for New Era Trading Group, Inc. in April 2004 while unregistered with the Public Company Accounting Oversight Board (PCAOB), a legal requirement that took effect in October 2003. New Era, a Florida-based issuer with no revenues or assets as of its 2003 fiscal year-end, had its financial statements audited for a mere $100 fee, which the firm later voluntarily reimbursed, negating the need for disgorgement. Costales, a licensed CPA since 1982, participated directly in preparing and issuing the fraudulent audit report and was found to have caused the firm’s violation. Both respondents consented to an SEC settlement without admitting or denying the allegations, except as to jurisdiction and subject matter. The SEC imposed cease-and-desist orders against both parties and censured them under Sections 4C and 21C of the Securities Exchange Act and Rule 102(e). As a condition of future practice before the Commission, both must now be properly registered with the PCAOB. The case underscores the SEC’s enforcement of PCAOB registration requirements, even in cases involving minimal fees or seemingly insignificant issuers.

Enriched metadata

Scheme
accounting-fraud (100%)
Outcome
settled
Classified accounting-fraud(confidence 100%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 80% / precision 48%. detection rule →
Statutes
SECTIONS 4C AND 21C OF THE SECURITIES EXCHANGE ACTSECTIONS 4C AND 21C OF THE SECURITIES EXCHANGE ACT
Parties
Securities and Exchange CommissionPreferred Accounting Services, Inc.Ana Costales, CPA
Keywords
commissionfirmneweraaccountingcostalespreferred accountingaccounting servicessecurities exchangeexchangeaudit reportauditsecuritiesrespondentspublic

Extracted insights

Dollar amounts 1
  • $100 $100 <$10K
Entities 3
  • company preferred accounting services, inc.
  • company public administrative proceedings against preferred accounting services, inc.
  • agency Securities and Exchange Commission
Triples 9
  • Securities And Exchange Commission instituted Cease-And-Desist Proceedings Against Preferred Accounting Services, Inc. And Ana Costales, CPA
  • Securities And Exchange Commission instituted Public Administrative Proceedings Against Preferred Accounting Services, Inc.
  • Preferred Accounting Services, Inc. is A Florida Corporation And A Public Accounting Firm Headquartered In Miami, Florida
  • Preferred Accounting Services, Inc. audited New Era Trading Group, Inc.'s Financial Statements For The Company's 2003 Fiscal Year Ended December 31, 2003
  • Ana Costales, CPA is A Certified Public Accountant Licensed In The State Of Florida Since 1982
  • Ana Costales, CPA was The Engagement Partner In Connection With The Firm's Audit Of New Era's Financial Statements For The Company's 2003 Fiscal Year Ended December 31, 2003
  • Respondents submitted An Offer Of Settlement
  • Securities And Exchange Commission determined To Accept The Offer Of Settlement
  • Respondents consented To The Entry Of The Order Instituting Public Administrative And Cease-And-Desist Proceedings
Text layers
Extracted body text (9,375c)

                                                 UNITED                                                 STATES OF AMERICA 

                                                                     Before                                                                     the                                                                     

SECURITIES AND EXCHANGE COMMISSION 

SECURITIES EXCHANGE ACT OF 1934 
Release No. 56421 / September 13, 2007 
ACCOUNTING AND AUDITING ENFORCEMENT 
Release No. 2701 / September 13, 2007 
ADMINISTRATIVE PROCEEDING 
File No. 3-12782 
In the Matter of 
Preferred Accounting Services, 
Inc. and Ana Costales, CPA, 
Respondents. 
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 cease-
and-desist proceedings be, and hereby are, instituted against Preferred Accounting Services, Inc. 
and Ana Costales, CPA (collectively “Respondents”) pursuant to Section 21C of the Securities 
Exchange Act of 1934 (“Exchange Act”), and that public administrative proceedings be, and 
hereby are, instituted against Preferred Accounting Services, Inc. pursuant to Section 4C
1
 of the 
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, Respondents have 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 them and the subject matter of these proceedings, which are 
admitted, Respondents consent 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 Respondents’ Offer, the Commission finds
3
 that: 
A.        RESPONDENTS        
1. Preferred Accounting Services, Inc. (the “Firm”) is a Florida corporation and a 
public accounting firm headquartered in Miami, Florida.  The Firm audited New Era Trading 
Group, Inc.’s (“New Era”) financial statements for the company’s 2003 fiscal year ended 
December 31, 2003.  
2. Ana Costales, CPA, (“Costales”), 41, of Miami, Florida is a certified public 
accountant licensed in the state of Florida since 1982.  Costales was the engagement partner in 
connection with the Firm’s audit of New Era’s financial statements for the company’s 2003 fiscal 
year ended December 31, 2003.  Costales has been licensed as a CPA in Florida since 1982. 
B.        FACTS        
1. New Era is a Florida corporation with its headquarters in Pembroke Pines, Florida.  
During the relevant period, New Era’s common stock was registered with the Commission 
pursuant to Section 12(g) of the Exchange Act.  For its fiscal year ended December 31, 2003, New 
Era reported no revenues and no assets. 
2. New Era has at all relevant times been an issuer as defined by the Sarbanes-Oxley 
Act of 2002 (the “Act”). 
3. The Firm audited New Era’s 2003 financial statements included in New Era’s 
annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission on July 19, 2004.  
As part of that audit, the Firm prepared and issued an audit report dated April 17, 2004 (the “New 
Era audit report”), which the company included in its 2003 Form 10-KSB.  New Era paid the Firm 
The findings herein are made pursuant to Respondents’ Offer of Settlement and are not binding on any 
other person or entity in this or any other proceeding. 
2

3 

$100 for the audit work.
4 
4. At the time the Firm issued the New Era audit report, it was not registered with the 
Public Company Accounting Oversight Board (the “Board”), as required by Section 102(a) of the 
Act. 
5. Costales was the engagement partner on the Firm’s audit of New Era’s 2003 
financial statements.  Costales participated in the preparation and issuance of the New Era audit 
report. 
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.”
5 
2. The provisions of Section 102(a) of the Act became effective on October 22, 2003.
6 
3. Based on the conduct described above, the Firm willfully
7
 violated Section 102(a) 
of the Act. 
4. Based on the conduct described above, Costales caused the Firm’s violation of 
Section 102(a) of the Act. 
D.        FINDINGS        
Based on the foregoing, the Commission finds that the Firm willfully violated Section 
102(a) of the Sarbanes-Oxley Act of 2002, and that Costales caused the Firm’s violation of Section 
102(a) of the Act. 
4 
During the course of the Commission’s investigation, the Firm voluntarily reimbursed New Era the $100 in 
audit fees.  In view of the Firm’s reimbursement, the Commission is not ordering disgorgement in this matter. 
5 
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). 
6 
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). 
7 
“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


E.        UNDERTAKING        
Respondents have undertaken not to request, demand, or accept, directly or indirectly, any 
compensation from New Era in connection with the audit work associated with the New Era audit 
report. 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 Respondents’ Offer. 
Accordingly, it is hereby ORDERED, effective immediately, that: 
1.         Preferred         Accounting Services, Inc. 
A. The Firm shall cease and desist from committing or causing any violations 
and any future violations of Section 102(a) of the Act.
            B.            The            Firm            is            censured.            
C. The Firm may practice before the Commission as an independent accountant 
provided that: 
1. It is registered with the Board in accordance with the Act, and such 
registration continues to be effective; and 
2. It has submitted to the Commission staff (attention: Office of the 
Chief Accountant) the Board’s letter notifying the Firm that its registration application has been 
approved. 
2. Ana Costales, CPA 
A. Costales shall cease and desist from committing or causing any violations 
and any future violations of Section 102(a) of the Act. 
B. Costales may practice before the Commission as an independent accountant 
provided that: 
1. The public accounting firm with which she is associated is 
registered with the Board in accordance with the Act, and such registration continues to be 
effective; and 
4


2. She has submitted to the Commission staff (attention: Office of the 
Chief Accountant) the Board’s letter notifying the public accounting firm with which she is 
associated that its registration application has been approved. 
            By            the            Commission.            
       Nancy M. Morris
       Secretary 
5
OCR text (8,890c · tika · 95% conf)
UNITED STATES OF AMERICA 

 Before the 


SECURITIES AND EXCHANGE COMMISSION 


SECURITIES EXCHANGE ACT OF 1934 
Release No. 56421 / September 13, 2007 

ACCOUNTING AND AUDITING ENFORCEMENT 
Release No. 2701 / September 13, 2007 

ADMINISTRATIVE PROCEEDING 
File No. 3-12782 

In the Matter of 

Preferred Accounting Services, 
Inc. and Ana Costales, CPA, 

Respondents. 

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 cease-
and-desist proceedings be, and hereby are, instituted against Preferred Accounting Services, Inc. 
and Ana Costales, CPA (collectively “Respondents”) pursuant to Section 21C of the Securities 
Exchange Act of 1934 (“Exchange Act”), and that public administrative proceedings be, and 
hereby are, instituted against Preferred Accounting Services, Inc. pursuant to Section 4C1 of the 
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, Respondents have 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 them and the subject matter of these proceedings, which are 
admitted, Respondents consent 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 Respondents’ Offer, the Commission finds3 that: 

A. RESPONDENTS 

1. Preferred Accounting Services, Inc. (the “Firm”) is a Florida corporation and a 
public accounting firm headquartered in Miami, Florida.  The Firm audited New Era Trading 
Group, Inc.’s (“New Era”) financial statements for the company’s 2003 fiscal year ended 
December 31, 2003.  

2. Ana Costales, CPA, (“Costales”), 41, of Miami, Florida is a certified public 
accountant licensed in the state of Florida since 1982.  Costales was the engagement partner in 
connection with the Firm’s audit of New Era’s financial statements for the company’s 2003 fiscal 
year ended December 31, 2003.  Costales has been licensed as a CPA in Florida since 1982. 

B. FACTS 

1. New Era is a Florida corporation with its headquarters in Pembroke Pines, Florida.  
During the relevant period, New Era’s common stock was registered with the Commission 
pursuant to Section 12(g) of the Exchange Act.  For its fiscal year ended December 31, 2003, New 
Era reported no revenues and no assets. 

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

3. The Firm audited New Era’s 2003 financial statements included in New Era’s 
annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission on July 19, 2004.  
As part of that audit, the Firm prepared and issued an audit report dated April 17, 2004 (the “New 
Era audit report”), which the company included in its 2003 Form 10-KSB.  New Era paid the Firm 

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

2


3 



$100 for the audit work.4 

4. At the time the Firm issued the New Era audit report, it was not registered with the 
Public Company Accounting Oversight Board (the “Board”), as required by Section 102(a) of the 
Act. 

5. Costales was the engagement partner on the Firm’s audit of New Era’s 2003 
financial statements.  Costales participated in the preparation and issuance of the New Era audit 
report. 

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.”5 

2. The provisions of Section 102(a) of the Act became effective on October 22, 2003.6 

3. Based on the conduct described above, the Firm willfully7 violated Section 102(a) 
of the Act. 

4. Based on the conduct described above, Costales caused the Firm’s violation of 
Section 102(a) of the Act. 

D. FINDINGS 

Based on the foregoing, the Commission finds that the Firm willfully violated Section 
102(a) of the Sarbanes-Oxley Act of 2002, and that Costales caused the Firm’s violation of Section 
102(a) of the Act. 

4 During the course of the Commission’s investigation, the Firm voluntarily reimbursed New Era the $100 in 
audit fees.  In view of the Firm’s reimbursement, the Commission is not ordering disgorgement in this matter. 

5 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). 

6 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). 

7 “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




E. UNDERTAKING 

Respondents have undertaken not to request, demand, or accept, directly or indirectly, any 
compensation from New Era in connection with the audit work associated with the New Era audit 
report. 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 Respondents’ Offer. 

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

1. Preferred Accounting Services, Inc. 

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

 B. The Firm is censured. 

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

1. It is registered with the Board in accordance with the Act, and such 
registration continues to be effective; and 

2. It has submitted to the Commission staff (attention: Office of the 
Chief Accountant) the Board’s letter notifying the Firm that its registration application has been 
approved. 

2. Ana Costales, CPA 

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

B. Costales may practice before the Commission as an independent accountant 
provided that: 

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

4




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

 By the Commission. 

       Nancy  M.  Morris
       Secretary  

5