Also known as:certified public accountants · CPA · CPAs
Written by attorneys · grounded in primary & secondary sources — see below
A licensed professional who has satisfied statutory and administrative requirements to practice public accounting. The designation authorizes the holder to perform financial audits, prepare tax returns, design accounting systems, and offer related advice to clients.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Lists CPA Credential
Cecilia Cabrera, an attorney also licensed as a certified public accountant, placed an advertisement stating her dual credentials. State regulators sought to discipline her for the listing. The court held the truthful statement protected and refused to impose sanctions or require a disclaimer.
Accountant Prepares Audit Report
Colin Chambers, a certified public accountant retained by Canyon Construction, issued an audit report that third-party investors later relied upon. When the company collapsed, the investors sued Chambers for negligence. The court measured his liability by the skill level expected of reputable certified public accountants in the community.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Bily v. Arthur Young & Co.834 P.2d 745 (Cal. 1992)
CPA Seeks Hearing on License
Cameron Cruz, a certified public accountant whose right to practice before a federal board was revoked without a hearing, challenged the action. The court recognized the license as a protected interest requiring due process safeguards before termination.
Goldberg v. Kelly397 U.S. 254 (1970)
CPA Testimony in Sentencing
Camila Cervantes, a certified public accountant, provided expert calculations used to determine a defendant's loss amount at sentencing. After the sentencing guidelines were held advisory, the court reconsidered the weight given to her figures in the final sentence.
United States v. Booker543 U.S. 220 (2005)
CPA Receives Inside Information
Catherine Carter, a certified public accountant working on a corporate transaction, learned material nonpublic facts and traded on them. Prosecutors charged her with misappropriation. The court examined whether her CPA role created the requisite duty of trust and confidence.
United States v. O’Hagan521 U.S. 642, 650-652 (1997)
CPA Firm Named in RICO Suit
Clifford Cox, a certified public accountant whose firm prepared financial statements for a company later accused of fraud, was named as a RICO defendant. The court assessed whether the accounting work constituted participation in the alleged enterprise.
Sedima, S.P.R.L. v. Imrex Co.473 U.S. 479, 105 S.Ct. 3275, 87 L.Ed.2d 346 (1985)
Common questions
Frequently Asked
3
What standard of care applies to a certified public accountant acting as a gratuitous agent?+
A gratuitous agent who is a certified public accountant must exercise the care and skill of a reasonable person in similar unpaid undertakings, taking into account any special skills the accountant actually possesses. The professional designation does not automatically impose the higher standard that applies to paid professional engagements.
Supporting sources
Does a certified public accountant serving as trustee exercise discretion under an ascertainable standard when distributions are limited to education, support, and work-related clothing?+
Yes. Language authorizing distributions for college tuition, reasonable living expenses, and job-related wardrobe items tied to specific employment creates an objective, measurable standard limited to health, education, support, and maintenance.
Supporting sources
Can a court rely on a certified public accountant's testimony about a settlor's tax objectives to reform a trust?+
Yes. Courts may reform a donative instrument to achieve the donor's tax objectives when a neutral professional such as the settlor's CPA provides evidence that the modification aligns with the donor's probable intent.
Supporting sources
521 U.S. 642 (1997)Business Associations
…fraud convictions. Footnotes [^maj-1]: Briefs of amici curiae urging reversal were filed for the American Institute of Certified Public Accountants by Louis A. Craco, Richard I. Miller , and David P. Murray ; for the Association for Investment Management and Research by Stuart H. Singer ; and for the North American Securities…