In re STORY & COMPANY
The SEC initiated administrative proceedings against Story & Company, P.C. and its partner Brian L. Story, CPA, for willfully violating the Sarbanes-Oxley Act by issuing an unregistered audit report for Regatta Capital Partners, Inc. after October 22, 2003, earning $1,100, and thus lacking the qualifications to practice before the Commission, exposing them to potential censure or permanent bar.
The SEC alleged that Story & Company, P.C. and its engagement partner Brian L. Story, CPA, violated Section 102(a) of the Sarbanes-Oxley Act by preparing and issuing an audit report for Regatta Capital Partners, Inc.—a public company—on February 11, 2004, without being registered with the PCAOB, which became mandatory after October 22, 2003. The firm received $1,100 for the audit, which was included in Regatta’s Form 10-KSB filed with the SEC on March 29, 2004. The SEC charged both respondents with willfully violating federal securities laws and lacking the requisite qualifications to practice before the Commission, seeking censure or permanent denial of their privilege to appear before the SEC under Sections 4C and Rule 102(e).
The Securities and Exchange Commission instituted administrative proceedings against Story & Company, P.C. and its partner Brian L. Story, CPA, for violating Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for Regatta Capital Partners, Inc. on February 11, 2004, without being registered with the Public Company Accounting Oversight Board (PCAOB), a requirement effective after October 22, 2003. Regatta Capital, a Colorado-based issuer whose stock traded on the OTC Bulletin Board, had reported minimal revenue and assets but was still subject to SEC reporting obligations under Section 12(g) of the Exchange Act. Story & Company received $1,100 for the audit, which was incorporated into Regatta’s Form 10-KSB filed with the SEC on March 29, 2004. Both respondents were alleged to have willfully violated federal securities laws by participating in the unauthorized audit, thereby lacking the requisite qualifications to represent others before the Commission. The SEC invoked Sections 4C of the Exchange Act and Rule 102(e) of its Rules of Practice to determine whether to censure or permanently bar the firm and Story from appearing before the Commission. The proceeding was initiated to afford the respondents an opportunity to present defenses, with no final determination made at this stage. The case underscores the strict enforcement of PCAOB registration requirements for auditors of public companies under Sarbanes-Oxley, even for small issuers with limited financial activity.
Extracted insights
- $9K $9,115 <$10K
- $2K $2,128 <$10K
- $1K $1,100 <$10K
- company story & company
- agency the securities and exchange commission
- The Securities and Exchange Commission deems it appropriate that public administrative proceedings be instituted
- Story & Company, P.C. prepared and issued an audit report dated February 11, 2004
- Story & Company audited Regatta Capital’s financial statements included in Regatta Capital’s annual report for fiscal year 2003 on Form 10-KSB
- Story & Company prepared and issued an audit report dated February 11, 2004
- Story participated in auditing the financial statements included in Regatta Capital’s annual report for fiscal year 2003 on Form 10-KSB
- Story participated in the preparation and issuance of an audit report dated February 11, 2004
- Story & Company received $1,100 for conducting an audit of Regatta Capital’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. 3-12796
In the Matter of
STORY & COMPANY, P.C.,
and BRIAN L. STORY, CPA,
Respondents.
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 Story & Company, P.C. (“Story & Company”) and Brian L. Story, CPA (“Story”)
(collectively “Respondents”).
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENTS
1. Story & Company, P.C. is a Colorado professional corporation and public
accounting firm headquartered in Centennial, Colorado. Story & Company prepared and issued an
audit report dated February 11, 2004, in connection with its audit of Regatta Capital Partners, Inc.
(“Regatta Capital”).
2. Brian L. Story, CPA, 67, of Littleton, Colorado, is a certified public accountant
licensed in Colorado and Nebraska since 1974. As engagement partner on the Regatta Capital
engagement, Story participated in the preparation and issuance of the February 11, 2004 Regatta
Capital audit report.
B. OTHER RELEVANT ENTITIES
1. Regatta Capital is a Colorado corporation based in Denver, Colorado. During the
relevant period, Regatta Capital’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. Regatta
Capital reported $2,128 in revenue and total assets of $9,115 for its fiscal year ended 2003.
Regatta Capital has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act of
2002 (the “Act”). During the relevant period, Regatta was known as Monet Entertainment, Ltd.
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 any of the Respondents register with the PCAOB as a public
accounting firm.
3. Story & Company audited Regatta Capital’s financial statements included in
Regatta Capital’s annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission
on March 29, 2004.
4. Story & Company prepared and issued an audit report dated February 11, 2004,
which was included in Regatta Capital’s Form 10-KSB.
5. Story participated in auditing the financial statements included in Regatta Capital’s
annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission on March 29,
2004.
6. Story participated in the preparation and issuance of an audit report dated February
11, 2004, which was included in Regatta Capital’s Form 10-KSB.
7. Story & Company received $1,100 for conducting an audit of Regatta Capital’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
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 Story & Company had not registered with the PCAOB, it lacked “the
requisite qualifications” to issue an audit report dated February 11, 2004.
5. By participating in the preparation or issuance of an audit report after October 22,
2003 by an audit firm that was not registered with the PCAOB, Story lacked “the requisite
qualifications to represent others.”
6. In violation of Section 102(a) of the Act, Story & Company prepared and issued an
audit report on the financial statements of a reporting company after October 22, 2003, without
first registering with the PCAOB. Story & Company thus also willfully violated the federal
securities laws.
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 Respondents 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, Story & Company should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission.
C. Whether, pursuant to Section 4C(a)(1) of the Exchange Act and Rule 102(e)(1)(i) of
the Commission’s Rules of Practice, Story 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.
3
IT IS FURTHER ORDERED that Respondents 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 Respondents fail to file the directed answer, or fail to appear at a hearing after being duly
notified, the Respondents may be deemed in default and the proceedings may be determined against
them 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 Respondents 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.
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. 3-12796
In the Matter of
STORY & COMPANY, P.C.,
and BRIAN L. STORY, CPA,
Respondents.
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 Story & Company, P.C. (“Story & Company”) and Brian L. Story, CPA (“Story”)
(collectively “Respondents”).
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENTS
1. Story & Company, P.C. is a Colorado professional corporation and public
accounting firm headquartered in Centennial, Colorado. Story & Company prepared and issued an
audit report dated February 11, 2004, in connection with its audit of Regatta Capital Partners, Inc.
(“Regatta Capital”).
2. Brian L. Story, CPA, 67, of Littleton, Colorado, is a certified public accountant
licensed in Colorado and Nebraska since 1974. As engagement partner on the Regatta Capital
engagement, Story participated in the preparation and issuance of the February 11, 2004 Regatta
Capital audit report.
B. OTHER RELEVANT ENTITIES
1. Regatta Capital is a Colorado corporation based in Denver, Colorado. During the
relevant period, Regatta Capital’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. Regatta
Capital reported $2,128 in revenue and total assets of $9,115 for its fiscal year ended 2003.
Regatta Capital has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act of
2002 (the “Act”). During the relevant period, Regatta was known as Monet Entertainment, Ltd.
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 any of the Respondents register with the PCAOB as a public
accounting firm.
3. Story & Company audited Regatta Capital’s financial statements included in
Regatta Capital’s annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission
on March 29, 2004.
4. Story & Company prepared and issued an audit report dated February 11, 2004,
which was included in Regatta Capital’s Form 10-KSB.
5. Story participated in auditing the financial statements included in Regatta Capital’s
annual report for fiscal year 2003 on Form 10-KSB, filed with the Commission on March 29,
2004.
6. Story participated in the preparation and issuance of an audit report dated February
11, 2004, which was included in Regatta Capital’s Form 10-KSB.
7. Story & Company received $1,100 for conducting an audit of Regatta Capital’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
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 Story & Company had not registered with the PCAOB, it lacked “the
requisite qualifications” to issue an audit report dated February 11, 2004.
5. By participating in the preparation or issuance of an audit report after October 22,
2003 by an audit firm that was not registered with the PCAOB, Story lacked “the requisite
qualifications to represent others.”
6. In violation of Section 102(a) of the Act, Story & Company prepared and issued an
audit report on the financial statements of a reporting company after October 22, 2003, without
first registering with the PCAOB. Story & Company thus also willfully violated the federal
securities laws.
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 Respondents 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, Story & Company should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission.
C. Whether, pursuant to Section 4C(a)(1) of the Exchange Act and Rule 102(e)(1)(i) of
the Commission’s Rules of Practice, Story 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.
3
IT IS FURTHER ORDERED that Respondents 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 Respondents fail to file the directed answer, or fail to appear at a hearing after being duly
notified, the Respondents may be deemed in default and the proceedings may be determined against
them 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 Respondents 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.
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