In re MICHAEL DEUTCHMAN
Michael Deutchman, a CPA, willfully violated Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for public company Cyber Grind, Inc. on April 14, 2004, despite being aware of the PCAOB registration requirement effective since October 22, 2003, leading the SEC to initiate administrative proceedings seeking censure, a practice ban, and a cease-and-desist order.
Michael Deutchman, a certified public accountant licensed in New York, issued an audit report for Cyber Grind, Inc. on April 14, 2004, without being registered with the Public Company Accounting Oversight Board (PCAOB), as required by Section 102(a) of the Sarbanes-Oxley Act after October 22, 2003. The SEC alleged that Deutchman was aware of the registration deadline but willfully violated federal securities laws by preparing and issuing the audit report for a public company lacking requisite qualifications. The SEC initiated administrative and cease-and-desist proceedings under Sections 4C and 21C of the Exchange Act and Rule 102(e), seeking censure, a permanent ban from practicing before the Commission, and an order to cease and desist from future violations, with no monetary penalties sought.
Michael Deutchman, a certified public accountant licensed in New York since 1971 and operating as a sole proprietor, issued an audit report dated April 14, 2004, for Cyber Grind, Inc.—a Nevada-based public company registered with the SEC—despite never registering with the Public Company Accounting Oversight Board (PCAOB). Section 102(a) of the Sarbanes-Oxley Act, effective October 22, 2003, explicitly prohibited unregistered individuals from preparing or issuing audit reports for public companies, a requirement Deutchman acknowledged but ignored. The SEC alleged that Deutchman’s actions constituted a willful violation of federal securities laws, as he knowingly participated in the preparation of an audit report for a public issuer without the legally mandated registration. As a result, the SEC instituted administrative and cease-and-desist proceedings under Sections 4C and 21C of the Securities Exchange Act and Rule 102(e), charging him with lacking the requisite qualifications and willfully violating securities regulations. The proceedings sought to determine whether Deutchman should be censured, permanently barred from appearing or practicing before the SEC, and ordered to cease and desist from future violations. No monetary penalties were sought, as the focus was on professional accountability and regulatory compliance. The case was set for an administrative hearing within 30 to 60 days of service, providing Deutchman an opportunity to present defenses.
Extracted insights
- person cyber grind
- person cyber grind financial statements
- person Michael Deutchman
- person proceedings against michael deutchman
- agency Securities and Exchange Commission
- Securities and Exchange Commission instituted proceedings against Michael Deutchman
- Division of Enforcement alleges violations by Michael Deutchman
- Michael Deutchman prepared audit report dated April 14, 2004
- Michael Deutchman issued audit report dated April 14, 2004
- Michael Deutchman audited Cyber Grind financial statements
- Michael Deutchman registered with the PCAOB
- Cyber Grind reported no revenues and no assets
- Cyber Grind filed Form 10-KSB
- Michael Deutchman violated Section 102(a) of the Sarbanes-Oxley Act
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
September 13, 2007
ADMINISTRATIVE PROCEEDING
File No. 3-12794
In the Matter of
MICHAEL DEUTCHMAN, CPA,
Respondent.
ORDER INSTITUTING
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,
AND NOTICE OF HEARING
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative and cease-and-desist proceedings be, and hereby are, instituted against Michael
Deutchman, CPA (“Respondent” or “Deutchman”) pursuant to Sections 4C and 21C of the
Securities Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of
Practice.
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENT
Michael Deutchman, CPA, of Melville, New York, is a certified public accountant
licensed in New York since 1971 and doing business as a sole proprietorship. Deutchman
prepared and issued an audit report dated April 14, 2004, in connection with his audit of Cyber
Grind, Inc. (“Cyber Grind”).
B. OTHER RELEVANT ENTITY
Cyber Grind, Inc. is a Nevada corporation based in Beverly Hills, California. Cyber
Grind’s common stock does not currently trade and is registered with the Commission pursuant to
Section 12(g) of the Exchange Act. Cyber Grind reported no revenues and no assets for fiscal year
ended December 31, 2003. Cyber Grind has at all relevant times been an issuer as defined by the
Act.
C. FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING
OVERSIGHT BOARD
1. Section 102(a) of the Sarbanes-Oxley Act of 2002 (the “Act”) prohibits any person
that is not a registered public accounting firm with the Public Company Accounting Oversight
Board (“PCAOB” or “Board”) 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. Though Respondent was aware of the PCAOB registration requirement, at no point
did Deutchman register with the PCAOB as a public accounting firm.
3. Respondent audited Cyber Grind’s 2003 financial statements included in Cyber
Grind’s annual report for fiscal year ended December 31, 2003 on Form 10-KSB, filed with the
Commission on April 14, 2004.
4. Respondent prepared and issued an audit report dated April 14, 2004, which was
included in Cyber Grind’s Form 10-KSB.
5. Respondent was aware of the registration requirement and the October 22, 2003
registration deadline for registration with the Board when Deutchman issued the audit report dated
April 14, 2004.
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 Respondent had not registered with the PCAOB, he lacked “the requisite
qualifications” to issue an audit report dated April 14, 2004.
2
5. In violation of Section 102(a) of the Act, Respondent prepared and issued an audit
report on the financial statements of a reporting company after October 22, 2003, without first
registering with the Board. Respondent thus also willfully violated Section 102(a) of the Act.
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it
necessary and appropriate that public administrative and cease-and-desist proceedings be instituted
to determine:
A. Whether the allegations set forth in Section II are true and, in connection therewith,
to afford Deutchman an opportunity to establish any defenses to such allegations;
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, Deutchman should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission; and
C. Whether, pursuant to Section 21C of the Exchange Act, Deutchman should be
ordered to cease and desist from committing or causing violations of and any future violations of
Section 102(a) of the Act.
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 not earlier than 30 days and not later than 60 days
from service of this Order 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 twenty (20) 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. 3-12794
In the Matter of
MICHAEL DEUTCHMAN, CPA,
Respondent.
ORDER INSTITUTING
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,
AND NOTICE OF HEARING
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative and cease-and-desist proceedings be, and hereby are, instituted against Michael
Deutchman, CPA (“Respondent” or “Deutchman”) pursuant to Sections 4C and 21C of the
Securities Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of
Practice.
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENT
Michael Deutchman, CPA, of Melville, New York, is a certified public accountant
licensed in New York since 1971 and doing business as a sole proprietorship. Deutchman
prepared and issued an audit report dated April 14, 2004, in connection with his audit of Cyber
Grind, Inc. (“Cyber Grind”).
B. OTHER RELEVANT ENTITY
Cyber Grind, Inc. is a Nevada corporation based in Beverly Hills, California. Cyber
Grind’s common stock does not currently trade and is registered with the Commission pursuant to
Section 12(g) of the Exchange Act. Cyber Grind reported no revenues and no assets for fiscal year
ended December 31, 2003. Cyber Grind has at all relevant times been an issuer as defined by the
Act.
C. FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING
OVERSIGHT BOARD
1. Section 102(a) of the Sarbanes-Oxley Act of 2002 (the “Act”) prohibits any person
that is not a registered public accounting firm with the Public Company Accounting Oversight
Board (“PCAOB” or “Board”) 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. Though Respondent was aware of the PCAOB registration requirement, at no point
did Deutchman register with the PCAOB as a public accounting firm.
3. Respondent audited Cyber Grind’s 2003 financial statements included in Cyber
Grind’s annual report for fiscal year ended December 31, 2003 on Form 10-KSB, filed with the
Commission on April 14, 2004.
4. Respondent prepared and issued an audit report dated April 14, 2004, which was
included in Cyber Grind’s Form 10-KSB.
5. Respondent was aware of the registration requirement and the October 22, 2003
registration deadline for registration with the Board when Deutchman issued the audit report dated
April 14, 2004.
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 Respondent had not registered with the PCAOB, he lacked “the requisite
qualifications” to issue an audit report dated April 14, 2004.
2
5. In violation of Section 102(a) of the Act, Respondent prepared and issued an audit
report on the financial statements of a reporting company after October 22, 2003, without first
registering with the Board. Respondent thus also willfully violated Section 102(a) of the Act.
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it
necessary and appropriate that public administrative and cease-and-desist proceedings be instituted
to determine:
A. Whether the allegations set forth in Section II are true and, in connection therewith,
to afford Deutchman an opportunity to establish any defenses to such allegations;
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, Deutchman should be
censured by the Commission or temporarily or permanently denied the privilege of appearing or
practicing before the Commission; and
C. Whether, pursuant to Section 21C of the Exchange Act, Deutchman should be
ordered to cease and desist from committing or causing violations of and any future violations of
Section 102(a) of the Act.
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 not earlier than 30 days and not later than 60 days
from service of this Order 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 twenty (20) 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