In re CARL S. SANKO
Carl S. Sanko, a California CPA, was charged by the SEC with willfully violating federal securities laws by issuing a $7,500 audit report for public company Platina Energy Group in June 2004 without being registered with the PCAOB as required by the Sarbanes-Oxley Act, triggering administrative proceedings for potential censure or ban from practicing before the Commission.
Carl S. Sanko, a certified public accountant licensed in California, issued an audit report dated June 3, 2004, for Platina Energy Group, Inc., a public company registered with the SEC, without being registered with the Public Company Accounting Oversight Board (PCAOB), as mandated by Section 102(a) of the Sarbanes-Oxley Act after October 22, 2003. He received $7,500 for the audit, which was included in Platina’s Form 10-KSB filing, and the SEC alleged this act constituted a willful violation of federal securities laws. The SEC instituted administrative proceedings under Section 4C of the Exchange Act and Rule 102(e) to determine whether Sanko should be censured or permanently barred from appearing or practicing before the Commission.
Carl S. Sanko, a California-licensed CPA since 1987, operated as a sole proprietor and issued an audit report dated June 3, 2004, for Platina Energy Group, Inc., a Delaware corporation whose stock traded on the OTC Bulletin Board and was registered with the SEC under Section 12(g). Despite the Sarbanes-Oxley Act’s prohibition effective October 22, 2003, Sanko never registered with the Public Company Accounting Oversight Board (PCAOB), making it unlawful for him to prepare or issue any audit report for a public company. He received $7,500 for auditing Platina’s fiscal year 2003 financial statements, which were included in the company’s Form 10-KSB filed with the SEC on June 29, 2004. The SEC’s Division of Enforcement alleged that Sanko willfully violated Section 102(a) of the Act and lacked the requisite qualifications to perform the audit, thereby breaching federal securities laws. As a result, the SEC instituted administrative proceedings under Section 4C of the Exchange Act and Rule 102(e) of its Rules of Practice to determine whether Sanko should be censured or permanently denied the privilege of practicing before the Commission. Sanko was ordered to file an answer within ten days or face potential default, but the order did not specify any final sanction, as the proceeding was only initiated and no hearing outcome was yet determined.
Extracted insights
- $14K $14,312 $10K–$100K
- $8K $7,500 <$10K
- $638 $638 <$10K
- person Carl S. Sanko
- agency the securities and exchange commission
- The Securities And Exchange Commission Deems It Appropriate Public Administrative Proceedings Be Instituted
- Carl S. Sanko Operates As A Sole Proprietorship
- Carl S. Sanko Prepared And Issued An Audit Report Dated June 3, 2004 In Connection With Its Audit Of Platina Energy Group, Inc.
- Platina Is A Delaware Corporation Based In New Orleans, Louisiana
- Platina Traded On The Otc Bulletin Board
- Platina Reported $638 In Revenue And Total Assets Of $14,312 For Its Fiscal Year Ended 2003
- Platina Has Been An Issuer As Defined By The Sarbanes-Oxley Act Of 2002
- Section 102(a) Of The Act Prohibits Any Person That Is Not A Registered Public Accounting Firm With The Pcaob From Preparing Or Issuing An Audit Report With Respect To Any Public Reporting Company After October 22, 2003
- Sanko Did Not Register With The Pcaob As A Public Accounting Firm
- Sanko Audited Platina’S Financial Statements Included In Platina’S Annual Report For Fiscal Year 2003 On Form 10-Ksb, Filed With The Commission On June 29, 2004
- Sanko Prepared And Issued An Audit Report Dated June 3, 2004, Which Was Included In Platina’S Form 10-Ksb
- Sanko Received $7,500 For Conducting An Audit Of Platina’S Financial Statements For Its Fiscal Year 2003 And For Issuing An Audit Report On Those Financial Statements
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
September 13, 2007
ADMINISTRATIVE PROCEEDING
File No. 3-12789
In the Matter of
CARL S. SANKO, CPA,
Respondent.
ORDER INSTITUTING
ADMINISTRATIVE PROCEEDINGS
PURSUANT TO SECTION 4C OF THE
SECURITIES EXCHANGE ACT OF 1934
AND RULE 102(e) OF THE
COMMISSION’S RULES OF
PRACTICE, AND NOTICE OF
HEARING
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative proceedings be, and hereby are, instituted pursuant to Section 4C of the Securities
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of Practice
against Carl S. Sanko, CPA (“Sanko” or “Respondent”).
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENT
1. Carl S. Sanko, CPA, 51, of Topanga, California, is a certified public accountant
licensed in California since 1987. Sanko operates as a sole proprietorship. Sanko prepared and
issued an audit report dated June 3, 2004 in connection with its audit of Platina Energy Group, Inc.
(“Platina”).
B. OTHER RELEVANT ENTITIES
1. Platina is a Delaware corporation based in New Orleans, Louisiana. During the
relevant period, Platina’s common stock traded on the OTC Bulletin Board. Its common stock is
registered with the Commission pursuant to Section 12(g) of the Exchange Act. Platina reported
$638 in revenue and total assets of $14,312 for its fiscal year ended 2003. Platina has at all
relevant times been an issuer as defined by the Sarbanes-Oxley Act of 2002 (the “Act”). Platina
was known as Federal Protection Services, Inc. during the relevant period.
C. FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING
OVERSIGHT BOARD
1. Section 102(a) of the Act prohibits any person that is not a registered public
accounting firm with the Public Company Accounting Oversight Board (“PCAOB”) from
preparing or issuing, or participating in the preparation or issuance of, any audit report with respect
to any public reporting company after October 22, 2003.
2. At no point did Sanko register with the PCAOB as a public accounting firm.
3. Sanko audited Platina’s financial statements included in Platina’s annual report for
fiscal year 2003 on Form 10-KSB, filed with the Commission on June 29, 2004.
4. Sanko prepared and issued an audit report dated June 3, 2004, which was included
in Platina’s Form 10-KSB.
5. Sanko received $7,500 for conducting an audit of Platina’s financial statements for
its fiscal year 2003 and for issuing an audit report on those financial statements.
D. VIOLATIONS
1. Section 4C(a) of the Exchange Act 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 by the
Commission ... (1) not to possess the requisite qualifications to represent others ... or (3) to have
willfully violated, or willfully aided and abetted the violation of, any provision of the securities
laws or the rules and regulations issued thereunder.”
2. Rule 102(e)(1) of the Commission’s Rules of Practice provides 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 by the Commission ... (i)
not to possess the requisite qualifications to represent others ... or (iii) to have willfully violated ...
any provision of the Federal securities laws or the rules and regulations thereunder.”
3. 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.”
4. Because Sanko had not registered with the PCAOB, he lacked “the requisite
qualifications” to issue an audit report dated June 3, 2004.
5. In violation of Section 102(a) of the Act, Sanko prepared and issued an audit report
on the financial statements of a reporting company after October 22, 2003, without first registering
with the PCAOB. Sanko thus also willfully violated the federal securities laws.
2
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it
necessary and appropriate that public administrative proceedings be instituted to determine:
A. Whether the allegations set forth in Section II are true and, in connection therewith,
to afford Respondent an opportunity to establish any defenses to such allegations; and
B. Whether, pursuant to Sections 4C(a)(1) and 4C(a)(3) of the Exchange Act and Rules
102(e)(1)(i) and 102(e)(1)(iii) of the Commission’s Rules of Practice, Respondent should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission.
IV.
IT IS ORDERED that a public hearing for the purpose of taking evidence on the questions
set forth in Section III hereof shall be convened at a time and place to be fixed, and before an
Administrative Law Judge to be designated by further order as provided by Rule 110 of the
Commission's Rules of Practice, 17 C.F.R. § 201.110.
IT IS FURTHER ORDERED that Respondent shall file an Answer to the allegations
contained in this Order within ten (10) days after service of this Order, as provided by Rule 220 of
the Commission's Rules of Practice, 17 C.F.R. § 201.220.
If Respondent fails to file the directed answer, or fails to appear at a hearing after being duly
notified, the Respondent may be deemed in default and the proceedings may be determined against
him upon consideration of this Order, the allegations of which may be deemed to be true as
provided by Rules 155(a), 220(f), 221(f) and 310 of the Commission's Rules of Practice, 17 C.F.R.
§§ 201.155(a), 201.220(f), 201.221(f) and 201.310.
This Order shall be served forthwith upon Respondent personally or by certified mail.
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial
decision no later than 300 days from the date of service of this Order, pursuant to Rule 360(a)(2) of
the Commission’s Rules of Practice.
3
In the absence of an appropriate waiver, no officer or employee of the Commission engaged
in the performance of investigative or prosecuting functions in this or any factually related
proceeding will be permitted to participate or advise in the decision of this matter, except as witness
or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within
the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the
provisions of Section 553 delaying the effective date of any final Commission action.
By the Commission.
Nancy M. Morris
Secretary
4
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
September 13, 2007
ADMINISTRATIVE PROCEEDING
File No. 3-12789
In the Matter of
CARL S. SANKO, CPA,
Respondent.
ORDER INSTITUTING
ADMINISTRATIVE PROCEEDINGS
PURSUANT TO SECTION 4C OF THE
SECURITIES EXCHANGE ACT OF 1934
AND RULE 102(e) OF THE
COMMISSION’S RULES OF
PRACTICE, AND NOTICE OF
HEARING
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative proceedings be, and hereby are, instituted pursuant to Section 4C of the Securities
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of Practice
against Carl S. Sanko, CPA (“Sanko” or “Respondent”).
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENT
1. Carl S. Sanko, CPA, 51, of Topanga, California, is a certified public accountant
licensed in California since 1987. Sanko operates as a sole proprietorship. Sanko prepared and
issued an audit report dated June 3, 2004 in connection with its audit of Platina Energy Group, Inc.
(“Platina”).
B. OTHER RELEVANT ENTITIES
1. Platina is a Delaware corporation based in New Orleans, Louisiana. During the
relevant period, Platina’s common stock traded on the OTC Bulletin Board. Its common stock is
registered with the Commission pursuant to Section 12(g) of the Exchange Act. Platina reported
$638 in revenue and total assets of $14,312 for its fiscal year ended 2003. Platina has at all
relevant times been an issuer as defined by the Sarbanes-Oxley Act of 2002 (the “Act”). Platina
was known as Federal Protection Services, Inc. during the relevant period.
C. FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING
OVERSIGHT BOARD
1. Section 102(a) of the Act prohibits any person that is not a registered public
accounting firm with the Public Company Accounting Oversight Board (“PCAOB”) from
preparing or issuing, or participating in the preparation or issuance of, any audit report with respect
to any public reporting company after October 22, 2003.
2. At no point did Sanko register with the PCAOB as a public accounting firm.
3. Sanko audited Platina’s financial statements included in Platina’s annual report for
fiscal year 2003 on Form 10-KSB, filed with the Commission on June 29, 2004.
4. Sanko prepared and issued an audit report dated June 3, 2004, which was included
in Platina’s Form 10-KSB.
5. Sanko received $7,500 for conducting an audit of Platina’s financial statements for
its fiscal year 2003 and for issuing an audit report on those financial statements.
D. VIOLATIONS
1. Section 4C(a) of the Exchange Act 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 by the
Commission … (1) not to possess the requisite qualifications to represent others … or (3) to have
willfully violated, or willfully aided and abetted the violation of, any provision of the securities
laws or the rules and regulations issued thereunder.”
2. Rule 102(e)(1) of the Commission’s Rules of Practice provides 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 by the Commission ... (i)
not to possess the requisite qualifications to represent others … or (iii) to have willfully violated …
any provision of the Federal securities laws or the rules and regulations thereunder.”
3. 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.”
4. Because Sanko had not registered with the PCAOB, he lacked “the requisite
qualifications” to issue an audit report dated June 3, 2004.
5. In violation of Section 102(a) of the Act, Sanko prepared and issued an audit report
on the financial statements of a reporting company after October 22, 2003, without first registering
with the PCAOB. Sanko thus also willfully violated the federal securities laws.
2
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it
necessary and appropriate that public administrative proceedings be instituted to determine:
A. Whether the allegations set forth in Section II are true and, in connection therewith,
to afford Respondent an opportunity to establish any defenses to such allegations; and
B. Whether, pursuant to Sections 4C(a)(1) and 4C(a)(3) of the Exchange Act and Rules
102(e)(1)(i) and 102(e)(1)(iii) of the Commission’s Rules of Practice, Respondent should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission.
IV.
IT IS ORDERED that a public hearing for the purpose of taking evidence on the questions
set forth in Section III hereof shall be convened at a time and place to be fixed, and before an
Administrative Law Judge to be designated by further order as provided by Rule 110 of the
Commission's Rules of Practice, 17 C.F.R. § 201.110.
IT IS FURTHER ORDERED that Respondent shall file an Answer to the allegations
contained in this Order within ten (10) days after service of this Order, as provided by Rule 220 of
the Commission's Rules of Practice, 17 C.F.R. § 201.220.
If Respondent fails to file the directed answer, or fails to appear at a hearing after being duly
notified, the Respondent may be deemed in default and the proceedings may be determined against
him upon consideration of this Order, the allegations of which may be deemed to be true as
provided by Rules 155(a), 220(f), 221(f) and 310 of the Commission's Rules of Practice, 17 C.F.R.
§§ 201.155(a), 201.220(f), 201.221(f) and 201.310.
This Order shall be served forthwith upon Respondent personally or by certified mail.
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial
decision no later than 300 days from the date of service of this Order, pursuant to Rule 360(a)(2) of
the Commission’s Rules of Practice.
3
In the absence of an appropriate waiver, no officer or employee of the Commission engaged
in the performance of investigative or prosecuting functions in this or any factually related
proceeding will be permitted to participate or advise in the decision of this matter, except as witness
or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within
the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the
provisions of Section 553 delaying the effective date of any final Commission action.
By the Commission.
Nancy M. Morris
Secretary
4