LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

STATE OF ARIZONA v ARTHUR ANDERSEN LLP Click to find out why . . .



Keywords & Phrases
CaseNo: SOAVAAL194838, Plaintiff: STATE OF ARIZONA, State: WA Washington, UniqueCaseRef: LCD>SOAVAAL194838, CourtCode: SU, CourtName: IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, Bfa, Arthur, Financial Statements, Audit, Arizona, Church Ventures, Alo, Transactions, Opinion, Fraud, Combined Financial Statements, Securities, Notes Receivable17, Senior Management, Related Parties, Ira, Mcgrath, Acts, Accordance, Complaint, Net Worth, Investment, Assets, Materials, Accounting, Allegations, Bfa Board, Commission, Christian Financial Partners, Ozer, Audit Work, Arizona Corporation Commission, Relief, Certified Public Accountants, Certificate, Bfa Subsidiaries, Evig , ContentID: 120250212

Case Documents
1   VERIFIED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124087
29 pages
PDF
2   NOTICE OF HEARING
[ see first page and extracted highlights below  ] ItemID: 124085
41 pages
PDF
3 2001-01-22 NOTICE OF HEARING AND COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124084
66 pages
PDF
4   ORDER TO CEASE & DESIST
[ see first page and extracted highlights below  ] ItemID: 124086
13 pages
PDF
Total Documents: 4 documents , 149 pages
Price: $ 34.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . VERIFIED COMPLAINT

EXTRACTED KEY WORDS
FRAUD
FINANCIAL STATEMENTS
ARIZONA
AUDIT
ACTS
CHURCH VENTURES
COMPLAINT
ALO
SENIOR MANAGEMENT
NOTES RECEIVABLE17
MATERIALS
OPINION
ARIZONA CORPORATION COMMISSION
RELIEF
COMBINED FINANCIAL STATEMENTS
TRANSACTIONS
ALLEGATIONS
SECURITIES
RELATED PARTIES
BFA BOARD
CHRISTIAN FINANCIAL PARTNERS
PLAINTIFFS
UNQUALIFIED OPINIONS
EVIG
CONSUMER FRAUD ACT
IRA
TIMES ARTICLES
COLLATERAL PURPORTEDLY SECURING
PONZI SCHEME
        Janet Napolitano, Attorney General
 1 Jennifer Boucek, #016129
       Assistant Attorney General
 2 LeRoy Johnson, #013889
       Special Assistant Attorney General
 3 Consumer Protection & Advocacy Section
       1275 W. Washington
 4 Phoenix, Arizona 85007
       (602) 542-7721
 5 Fax: (602) 542-4377
       Attorneys for Plaintiffs
 6                             IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
 7                                       IN AND FOR THE COUNTY OF MARICOPA
 8
 9 STATE OF ARIZONA, ex rel. JANET                                   )
       NAPOLITANO, ATTORNEY GENERAL, AND   )                         NO.  CV2001-001004
10 THE ARIZONA CORPORATION COMMISSION,                               ) )
11                                  Plaintiffs,                      )       VERIFIED COMPLAINT    
                                                                             AND APPLICATION FOR
12 v.                                                                )       INJUNCTIVE AND OTHER
                                                                     )       RELIEF
13 ARTHUR ANDERSEN, L.L.P.,                                          )
                                                                     )
14                                  Defendant.                       ) )

15
                For their Complaint, Plaintiffs, State of Arizona, ex rel. Janet Napolitano,
16 and the Arizona Corporation Commission allege as follows:
17                                                  JURISDICTION AND VENUE
18
                1.        This action is brought under the Securities Act of  Arizona, A.R.S. §
19 seq., and the Arizona Consumer Fraud Act, A.R.S. § 44-1521, et seq. Plaintiffs seek, among other
20 forms of relief, restitution, civil penalties, investigative expenses, costs, attorneys' fees,
21 ancillary relief to prevent and remedy the unlawful acts alleged in this Complaint.
22
                2.        The Defendant has transacted business within, through or from Maricopa
23 Arizona and elsewhere in Arizona at all material times.
24
                3.        The Defendant has caused events to occur in this State out of which the
25
26






  1 are the subject of this Complaint arose.
SNIPPETS:
  • 542-4377 Attorneys for Plaintiffs
  • For their Complaint, Plaintiffs, State of Arizona, ex rel. Janet Napolitano, Attorney General,
  • 21 ancillary relief to prevent and remedy the unlawful acts alleged in this Complaint.
  • the Arizona Corporation Commission.
  • 16 1998 ARTHUR ANDERSEN performed tax and consulting services for BFA.
  • calendar year ending December 31 and the audit performed on that year by ARTHUR ANDERSEN.
  • 21 by ARTHUR ANDERSEN through its opinion date of April 27,
  • was giving assurance that it had audited BFA's financial statements in accordance with
  • caused by error or fraud, in its opinion, BFA's financial statements presented fairly, in all
  • 14 ARTHUR ANDERSEN simply accepted what limited information BFA senior management
  • The BFA Board of Directors, in turn, continued to offer securities to the
  • 12 obtain reasonable assurance that BFA's Combined Financial Statements were free of material
  • 17 financial statements each year in deciding to issue new securities to investors.
  • Church Ventures, Inc., Christian Financial Partners, Inc. ("Christian
  • Certain individual related parties assisted Senior
  • 21 Management in perpetuating the ponzi scheme.
  • Select is a subsidiary of ALO.
  • On November 9, 1999, BFA, New Church Ventures, ALO and EVIG filed a petition for 10
  • and auditing authoritative pronouncements pertaining to related parties and related party 20
  • As an IRA
  • 23 modified to include a review of the underlying collateral purportedly securing Notes
  • 10 unqualified opinions on certain BFA subsidiaries,
  • 20 testing on NCVCC Notes Receivable17 and ALO and New Church Ventures financial statements,18
  • 14 1996 even though Paetz had specifically named key personnel who could confirm her
  • The engagement team was to maintain a 6 "heightened awareness" of the potential for
  • The New Times articles 3 contained serious allegations of fraud and insider dealings
  • Before it signed off on its audit opinion for the 1997 audit, ARTHUR ANDERSEN 21 began
  • (Violation of Consumer Fraud Act)

  • 2 . NOTICE OF HEARING

    EXTRACTED KEY WORDS
    FINANCIAL STATEMENTS
    AUDIT
    OPINION
    TRANSACTIONS
    COMBINED FINANCIAL STATEMENTS
    SECURITIES
    ARIZONA
    CHURCH VENTURES
    NOTES RECEIVABLE17
    ALO
    SENIOR MANAGEMENT
    AUDIT WORK
    COMMISSION
    BFA SUBSIDIARIES
    ACCORDANCE
    SECURITIES ACT
    RELATED PARTIES
    CHRISTIAN FINANCIAL PARTNERS
    BFA BOARD
    ACCOUNTANTS
    ALLEGATIONS
    COLLATERAL PURPORTEDLY SECURING
    EVIG
    TIMES ARTICLES
    INDIVIDUAL RELATED PARTIES
    IRA
    OFFERING CIRCULAR
    PONZI SCHEME
    OFFICES LOCATED WORLDWIDE
    
    
    
     1                       BEFORE THE ARIZONA CORPORATION COMMISSION
    
     2 CARL J. KUNASEK
          Chairman
     3 JIM IRVIN
          Commissioner
     4 WILLIAM A. MUNDELL
           Commissioner
     5
     6
     7 IN THE MATTER OF:                                          )
                                                                  )
     8                                                            )
          ARTHUR ANDERSEN L.L.P.                                  )  DOCKET NO. S-03386A-00-0000
     9 501 North 44th Street - 300                                )
          Phoenix, Arizona  85008                                 )  NOTICE OF OPPORTUNITY FOR A
    10                                                            )  HEARING REGARDING PROPOSED
                                    Respondent.                   )  ORDER TO CEASE AND DESIST,
    11                                                            )  FOR RESTITUTION, FOR
                                                                  )  ADMINISTRATIVE PENALTIES AND
    12                                                            )  FOR OTHER RELIEF
                                                                  )
    13                                                            )
    14           NOTICE:  ARTHUR ANDERSEN L.L.P. HAS 10 DAYS TO REQUEST A HEARING.
    
    15           The Securities Division (the "Division") of the Arizona Corporation Commission (the
    
    16 "Commission") alleges that Respondent Arthur Andersen L.L.P. ("ARTHUR ANDERSEN")
    
    17 engaged in and/or aided and abetted acts, practices and transactions that constitute violations
    
    18 A.R.S. § 44-1801 et seq., the Securities Act of Arizona (the "Securities Act").
    
    19 The Division further alleges as follows:
    
    20                                                     I.
    
    21                                              JURISDICTION
    
    22           1.         The Commission has jurisdiction over these matters pursuant to Article XV
    
    23 Arizona Constitution and the Securities Act.
    
    24 . . .
    
    25 . . .
    
    SNIPPETS:
  • 16 "Commission") alleges that Respondent Arthur Andersen L.L.P.
  • the Securities Act of Arizona
  • 23 Arizona Constitution and the Securities Act.
  • accountants with offices located worldwide, including Phoenix, Arizona.
  • unqualified opinion on the Combined Financial Statements of BFA.1 ARTHUR
  • ANDERSEN also issued unqualified opinions on certain BFA subsidiaries including The
  • 21 December 31 and the audit performed on that year by ARTHUR ANDERSEN.
  • 23 Certified Public Accountants which concern the auditor's professional qualities and the
  • When BFA financial statements are referred to in this Notice, the reference is intended to
  • 13 allegations of the former BFA employee.
  • 16 ARTHUR ANDERSEN simply accepted what limited information BFA senior management
  • ANDERSEN misled the BFA Board of Directors by continuing to issue unqualified opinions on
  • 11 accordance with GAAS; it did not plan and perform its audits in a manner to obtain
  • 11 Church Ventures and Christian Financial Partners, to enter into a consent order to cease
  • Certain individual related parties assisted Senior
  • 18 Management in perpetuating the ponzi scheme.
  • Select is a subsidiary of ALO.
  • Kuhn was reflected as owning all of the outstanding stock of EVIG,
  • authoritative pronouncements pertaining to related parties and related party transactions
  • Financial Partners were offered through "Offering Circulars" and "Offering Circular
  • As an IRA
  • modified to include a review of the underlying collateral purportedly securing Notes
  • 10 valuation issues brought to light by their own audit work.
  • testing on NCVCC Notes Receivable17 and ALO and New Church Ventures financial statements,18
  • the key figures in the transactions questioned in the New Times articles.

  • 3 . NOTICE OF HEARING AND COMPLAINT

    EXTRACTED KEY WORDS
    BFA
    CHURCH VENTURES
    FINANCIAL STATEMENTS
    ALO
    AUDIT
    MCGRATH
    ARIZONA
    NET WORTH
    ASSETS
    ACCOUNTING
    RELATED PARTIES
    IRA
    OZER
    TRANSACTIONS
    CERTIFIED PUBLIC ACCOUNTANTS
    CERTIFICATE
    ACCORDANCE
    INVESTMENT
    MANAGEMENT
    WORKPAPERS
    PROFESSION
    PASSIVE TRUSTEE
    PUBLIC ACCOUNTING FIRM
    RELATED PARTY
    REAL ESTATE
    TREASURY REGULATIONS
    APPRAISALS
    IRA INVESTORS
    CTF
    
     1                            BEFORE THE ARIZONA STATE BOARD OF ACCOUNTANCY
     2 In the Matter of:                                                           )
     3 Certified Public Accounting Firm                                            )
            Registration No. 964-B                                                 )     No.  98.230-ACY
     4 Issued to:                                                                  ))
     5 ARTHUR ANDERSEN, L.L.P.                                                     )
     6                                                                         )
            In the Matter of:                                                      )
     7 Certified Public Accounting                                                 )
            Certificate No. 4669-R                                                 )     NOTICE OF
     8 Issued to:                                                                  )     AND COMPLAINT
     9                                                                             )
            JAY STEVEN OZER                                            )
    10                                                                   )
            In the Matter of:                                                      )
    11 Certified Public Accounting                                                 )
    12 Certificate No. 5789-E                                                      )
            Issued to:                                                             )
    13                                                                             )
            ANN M. McGRATH                                                         )
    14                                                                         )
    15 In the Matter of:                                                           )
            Certified Public Accounting                                            )
    16 Certificate No. 8406-R                                                      )
            Issued to:                                                             )
    17                                                                             )
    18 ALAN PROCTOR HAGUE                                                          )
                                                                                    )
    19                 YOU ARE HEREBY NOTIFIED that the Arizona State Board of Accountancy will conduct
    20
            a public hearing before an administrative law judge to determine whether good cause exists
    21
    
    22 suspend, or take any other disciplinary action against Certified Public Accountant Certificates
    
    23 5789-E and 8406-R issued to Respondents Jay Steven Ozer, Ann M. McGrath, and Alan Proctor Hague,
    
    24 respectively and Certified Public Accounting Firm Registration No. 964-B issued to Respondent
    25 Andersen, L.L.P.  The hearing will be conducted in accordance with A.R.S. § 32-743 and A.A.C.
    26 114 and through the Office of Administrative Hearings, an independent agency.  The hearing has
            scheduled for 9:00 a.m. on January 22, 2001, at 1400 West Washington Street, Phoenix,
    
    
    
     1                                    I.      JURISDICTION
    
     2            1.      The Arizona State Board of Accountancy  ("Board") is the agency authorized
    
     3 A.R.S. § 32-701, et seq., to regulate the profession of certified public accountants in
    
    SNIPPETS:
  • 24 respectively and Certified Public Accounting Firm Registration No. 964-B issued to
  • The hearing has been scheduled for 9:00 a.m. on January 22, 2001, at 1400 West Washington
  • A.R.S. § 32-701, et seq., to regulate the profession of certified public accountants in
  • This Certificate was in full force until October 31,
  • Because Ozer has not renewed his
  • 21 all material times, McGrath was the manager in Arthur Andersen's Phoenix, Arizona office
  • Senior management of BFA consisted of William 10 Crotts as President, Thomas Grabinski as
  • 17 risk assessment review or "shadow audit" to determine if BFA had any exposure in the tax
  • This action involves Arthur Andersen's audits of BFA's financial statements for years ended
  • 12 non-profit affiliates through which it engaged in extensive investment activities and the
  • 14 was authorized to serve as a nonbank passive trustee for individual retirement accounts.
  • 17 New Church Ventures and ALO are attached and incorporated herein by this reference as
  • Through a variety of transactions and relationships, the three entities constituted one
  • BFA also invested directly in real estate.
  • 26 requirements under the Treasury regulations governing nonbank passive trustees of IRAs.
  • Since it was critical to BFA to report a positive net worth, Arthur Andersen had the
  • BFA's motivation to report positive results, to overstate assets, to not recognize losses or
  • 15 and invested most of those funds in real estate loans to ALO that were then used as
  • Church Ventures' investment products to IRA investors and loans from BFA.
  • "CTF") $25.3 million.
  • Arthur Andersen's workpapers do not indicate that it ever considered the likelihood that BFA
  • 12 standards promulgated by the American Institute of Certified Public Accountants.
  • presented in accordance with generally accepted accounting principles.
  • 16 business and to identify and consider relationships and transactions with related parties.
  • disclosures of material related party transactions, particularly at year-end, which resulted
  • 23 Andersen's workpapers state that they obtained and reviewed appraisals and cash flow

  • 4 . ORDER TO CEASE & DESIST

    EXTRACTED KEY WORDS
    INVESTMENT
    BFA
    SECURITIES
    NCV
    CFPI
    SUBSIDIARIES
    BUSINESS
    EXHIBIT
    SECURITIES ACT
    COMMISSION
    CONSENT
    PROCEEDING
    ORGANIZATION CHART
    CEASE
    AFFILIATES
    NON-PROFIT CORPORATION
    ARIZONA ATTORNEY
    SECURITIES DIVISION
    FINANCE
    VIOLATION
    BAPTISP
    CHURCH
    MARICOPA
    CAUSED EVENTS
    INVESTMENT PRODUCTS
    CONDUCTING
    FUNDS
    MANAGEMENT
    PURSUANT
    
                                                                                                 
    
    
                                 BEFORE  THE  ARIZONA  CORPORATION  COMMISSION
    
                                                     Arizona Corporation
                                                                            Commission
                                                        POCKETED
                     LIAM  A. biUNDELL                     AUG 121999
    
    
        6
        7
        8                                                                                              
                 IN  J-HE MATTER  OF:
                           .
        9  BAPTIST  FOUNDATION  OF ARIZONA;                           1
                                                                      )  DOCKET.NO.  S-2773i.-99-000
       10  AJUZONA  SOUTHERN  BAPTISTNEW                       .
                 CHURCH  VENTURES,  INC.; and                         {  DECISIONNO.  6  / &?/
       11                                                             1
                 CHRISTIAN  FINANCIAL  PARTNERS, INC.                 )  ORDER  TO  CEASE  &  DESIST 
       12                                                             )  OTEER  AF'FIMUTIVEACTION
                                                                      )  AND  CONSENT  TO SAME
       13                             Respondents.                    )
       14                                                             j
       15
       16                                                      I.
       f  ,.            BAPTIST  FOUNDATION  OF  ARIZONA;  ARJZONA  SOUTHERN  BAPTIST  NFiW
       18  CHURCH  VENTURES,-INC.;               and  CHRIsTlAN  FIkANCIAL                 PAR?NJZRS; 
       19  individually  and collectively,  pemxamntly waive their right to a hearing and appeabe 
       20  and 12 of the Securities Act of Arizona (@e "Act")  with respect to tbis order to Cease and
    *  21  Other Affhmtive  Action ("Order"); admit the jurisdiction of the Axizona Corporation
       22  f."titissibn~;        and, without  admitting or denying the kndings  df Fact and
    -  23  contained in  this  Ordeq consent to  entry  of  this  Order solely  for  the purpose of 
       24  proceeding, with  the understanding that no part of this Order is to be considered an
       25  or any other p033ihg.
       26
    
    
              II
    
    
    
             .  II                                                                                     
              .I?
    *  .                               .
                       I' I                                                                            
     6.3
    
    SNIPPETS:
  • 20 and 12 of the Securities Act of Arizona with respect to tbis order to Cease and Desist and
  • - 23 contained in this Ordeq consent to entry of this Order solely for the purpose of
  • 1 times material to this Order, did business in, through and from Arizona and caused events
  • which have subsidiaries or affiliates of their own.
  • Attached here& as Exhibit "A" is a recent 9 ~ organization chart of BFA and its subsidiaries
  • IO' investment vehicles to the public.
  • 13 Maricopa Comity, Arizona and, at all times material to this Order, did business in,
  • 14 from Arizona and caused events to occur in Arizona out of which this Order arises.
  • NCV has
  • 19 Arizona non-profit corporation, having its principal place of business in MaricopaCounty,
  • BFA can not invest funds in its own investment products.
  • management to create NCV and later CFPI.
  • subsidiaries of BFA pursuant to management service agreements.
  • The Commission through'its Securities Division and the Arizona Attorney General's Office
  • have been conducting and continue to conduct an investigation into the offer and sale of
  • Arizona in violation of the Securities Act.
  • , ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., an Arizona
  • Vanlures Finance
  • ARIZONA SOUTIIERN BAPTISP
  •    |