SEC Press pdf 181 KB 7,645 chars

In re MICHAEL DEUTCHMAN

summary

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.

paragraph

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.

narrative

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.

Enriched metadata

Scheme
accounting-fraud (100%)
Classified accounting-fraud(confidence 100%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 80% / precision 48%. detection rule →
Statutes
17 C.F.R. § 201.11017 C.F.R. § 201.220SECTIONS 4C AND 21C OF THE SECURITIES EXCHANGE ACTSECTIONS 4C AND 21C OF THE SECURITIES EXCHANGE ACT
Parties
Securities and Exchange CommissionMichael Deutchman
Keywords
commissioncyber grindrules practicerespondentaudit reportdeutchmanrulespublicexchangemichael deutchmancommission rulescybergrindorderpractice

Extracted insights

Entities 5
  • person cyber grind
  • person cyber grind financial statements
  • person Michael Deutchman
  • person proceedings against michael deutchman
  • agency Securities and Exchange Commission
Triples 9
  • 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
Text layers
Extracted body text (7,645c)

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. 
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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 
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OCR text (7,422c · tika · 95% conf)
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  

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