SEC-RPT-Panel / raw /aaer /2021 /AAER-4208.txt
codewithdark's picture
Add files using upload-large-folder tool
7c63b84 verified
Raw History Blame Contribute Delete
5.69 kB
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 91536 / April 12, 2021
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 4208 / April 12, 2021
ADMINISTRATIVE PROCEEDING
File No. 3-17628
In the Matter of
CRAIG R.
FRONCKIEWICZ, CPA
:
:
:
:
:
:
ORDER GRANTING APPLICATION FOR
REINSTATEMENT TO APPEAR AND PRACTICE
BEFORE THE COMMISSION AS AN ACCOUNTANT
RESPONSIBLE FOR THE PREPARATION OR
REVIEW OF FINANCIAL STATEMENTS REQUIRED
TO BE FILED WITH THE COMMISSION
On October 18, 2016, Craig R. Fronckiewicz, CPA (“Fronckiewicz”) was denied the
privilege of appearing or practicing before the Commission as an accountant as a result of settled
public administrative proceedings instituted by the Commission against him pursuant to Rule
102(e)(1) of the Commission’s Rules of Practice. 1 This order is issued in response to
Fronckiewicz’s application for reinstatement to appear and practice before the Commission as an
accountant responsible for the preparation or review of financial statements required to be filed
with the Commission.
The Commission found that Fronckiewicz caused Weatherford International Ltd.’s
(“Weatherford”) violations of Section 13(a) of the Securities Exchange Act of 1934 and Rules
12b-20, 13a-1, and 13a-13 thereunder, and engaged in improper professional conduct under Rule
102(e)(1) of the Commission’s Rules of Practice between 2007 and the third quarter of 2010 (the
“relevant period”). The Commission’s findings related to his work as the coordinating partner
on the audits and reviews of Weatherford’s financial statements. During the relevant period,
Weatherford improperly inflated its earnings and materially understated its effective tax rate and
tax expense through the use of deceptive intercompany tax accounting. The Commission found
that Fronckiewicz and others failed to comply with Public Company Accounting Oversight
Board standards related to due professional care, professional skepticism, supervision, staffing,
training, and documentation.
1 See Accounting and Auditing Enforcement Release No. 3814 dated October 18, 2016. Fronckiewicz was
permitted, pursuant to the order, to apply for reinstatement after two years upon making certain showings.
2
In his capacity as a preparer or reviewer, or as a person responsible for the preparation or
review, of financial statements of a public company to be filed with the Commission,
Fronckiewicz attests that he will undertake to have his work reviewed by the independent audit
committee of any company for which he works, or in some other manner acceptable to the
Commission, while practicing before the Commission in this capacity. Fronckiewicz is not, at
this time, seeking to appear or practice before the Commission as an independent accountant. If
he should wish to resume appearing and practicing before the Commission as an independent
accountant, he will be required to submit an application to the Commission showing that he has
complied and will comply with the terms of the original suspension order in this regard.
Therefore, Fronckiewicz’s suspension from practice before the Commission as an independent
accountant continues in effect until the Commission determines that a sufficient showing has
been made in this regard in accordance with the terms of the original suspension order.
Rule 102(e)(5) of the Commission’s Rules of Practice governs applications for
reinstatement, and provides that the Commission may reinstate the privilege to appear and
practice before the Commission “for good cause shown.”2 This “good cause” determination is
necessarily highly fact specific.
On the basis of information supplied, representations made, and undertakings agreed to
by Fronckiewicz, it appears that he has complied with the terms of the October 18, 2016 order
suspending him from appearing or practicing before the Commission as an accountant, that no
information has come to the attention of the Commission relating to his character, integrity,
professional conduct or qualifications to practice before the Commission that would be a basis
for adverse action against him pursuant to Rule 102(e) of the Commission's Rules of Practice,
and that Fronckiewicz, by undertaking to have his work reviewed by the independent audit
committee of any company for which he works, or in some other manner acceptable to the
Commission, in his practice before the Commission as a preparer or reviewer of financial
statements required to be filed with the Commission, has shown good cause for reinstatement.
2 Rule 102(e)(5)(i) provides:
“An application for reinstatement of a person permanently suspended or disqualified under paragraph (e)(1) or (e)(3)
of this rule may be made at any time, and the applicant may, in the Commission’s discretion, be afforded a hearing;
however, the suspension or disqualification shall continue unless and until the applicant has been reinstated by the
Commission for good cause shown.” 17 C.F.R. § 201.102(e)(5)(i).
3
Therefore, it is accordingly, ORDERED pursuant to Rule 102(e)(5)(i) of the
Commission’s Rules of Practice that Craig R. Fronckiewicz, CPA is hereby reinstated to appear
and practice before the Commission as an accountant responsible for the preparation or review of
financial statements required to be filed with the Commission.
By the Commission.
Vanessa A. Countryman
Secretary