"Gentile, CPA" Remains Under the Radar

Griffiths Refuses to Answer if Crime Occurred
...and Vogel Won't Politicize Politics?

- Naked Conch - Posted by Matt Gardi -  September 1, 2012

As the dust settles from the recent election results, many throughout the community are beginning to ask questions about a few select items that may have slipped through the cracks of public attention.  One such subject is our good friend Ken Gentile, School District Chief of Staff.  You remember Gentile, the CPA, right?


In the hoopla of the election many of us may have forgotten that he had misused the title of CPA both on his application to the School Board, and during his employment. But he was on the path to straightening all that paperwork out, just a simple misunderstanding.

It may have also slipped your mind that the School Board had been made aware of the fact that Gentile's CPA claim could not be verified. (See Here)  When Larry Murray first raised the C*AP CPA issue, Griffiths said he would have been shocked if the board knew ahead of time stating ..."I also think one of us would have said, 'wait a minute, why didn't you verify that'?  Seems too obvious a question for a five person board to miss."  I guess that would depend on who the five wizards are because miss it they did.

John Dick has also stated in the past ..."This is entirely the board's responsibility and no one else's."

So has anyone taken responsibility John?  Dennis Ward refused to prosecute suggesting he referred the matter to Mark Wilson for review, and according to Ward, Wilson didn't really see a violation of the law.  When asked recently about Gentile's status and any potential board action, in typical "Griffiths fashion" Andy wanted to defer to the DBPR's review of the situation, and needed to consult with an attorney to see if the board could even take action against Gentile.  You know, the classic rely on someone else to be a leader routine.

But what about the simple question, did Gentile break the law?  We provided Griffiths with the exact statute seen below and asked for comments.

473.322 Prohibitions; penalties.—

(1) A person may not knowingly:

(a) Practice public accounting unless the person is a certified public accountant or a public accountant;

(b) Assume or use the titles or designations “certified public accountant” or “public accountant” or the abbreviation “C.P.A.” or any other title, designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person holds a license to practice public accounting under this chapter or the laws of any other state, territory, or foreign jurisdiction, unless the person holds an active license under this chapter or has the practice privileges pursuant to s. 473.3141;

(c) Perform or offer to perform any services described in s. 473.302(8)(a) unless such person holds an active license under this chapter and is a licensed audit firm, provides such services through a licensed audit firm, or complies with ss. 473.3101 and 473.3141. This paragraph does not prohibit the performance by persons other than certified public accountants of other services involving the use of accounting skills, including the preparation of tax returns and the preparation of financial statements without expression of opinion thereon;

(d) Present as her or his own the license of another;

(e) Give false or forged evidence to the board or a member thereof;

(f) Use or attempt to use a public accounting license that has been suspended, revoked, or placed on inactive or delinquent status;

(g) Employ unlicensed persons to practice public accounting; or

(h) Conceal information relative to violations of this chapter.

(2) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Here was our exchange that followed...

Andy - I suppose a misdemeanor penalty varies widely depending on circumstances.
Gardi - So you would agree it was a misdemeanor.
Andy - According to the reference, 775.083, the fine can be 1000 dollars for a misdemeanor of the first degree
Gardi - Yes, but do you agree Gentile's actions constitute a misdemeanor?

That's when we lost contact with the Mars rover.

So at least State Attorney Ward was direct, took a stand and decided not to prosecute.  What of our remaining candidates whom aspire to take the helm at the Office of the State Attorney?  We posed the same questions to Catherine Vogel and Mark Kohl.

True to form, Kohl didn't respond, and we wouldn't expect him to unless he could hire a $30,000 media relations specialist on the taxpayer dime, but Vogel did...after some prodding of course.

She eloquently explained that she would not comment on pending cases, didn't have the details of the investigation, and doesn't think she should politicize such an issue as she has repeatedly stated throughout her campaign.  Fair enough, so with reference to the statute above I asked Vogel the following;

According to the statute, if Matt Gardi signed his name on a document, and placed the initials CPA, or the title Certified Public Accountant next to his signature, would that be a violation of the law?

To which she responded;

Good try.  I don't mean to be coy with you but I will not politicize this.  Good luck with your quest.  Perhaps you should contact some other lawyers who are not candidates for their opinions.

Uhhh...Catherine, other lawyers are not running for office, that's the point.  The public has a right to know how you, a candidate for State Attorney interpret the law, and/or would chose to act if in fact you get elected.  That's what running for office entails, letting the people know where you stand on issues.  Odd concept, is it not?  Since when should we not politicize ... politics?  Good try, right back atcha.

However, certainly I am not the model for running a successful political campaign.  Clearly, discussing issues in detail, offering solutions, having convictions, taking stands, and being open, honest and straightforward did not work for me.

So clearly, Vogel and Griffiths are wisely following a political formula that leads to victory...lets see...

Big Smiles...check.
Lotsa Big Signs...check.
Staying non-committal...check.
Showing up at countless community groups and gladhanding everyone...check.
Avoiding taking stands on issues...check.

Ding ding ding....we have winners!!

...and so the Gentile saga continues...will anyone take action?  Dick? Porter? Bueller? Anyone?

Tune in next week when we cover the other finance guru in the school system no one is doing anything about either.  You remember CFO and Chief Crybaby Kinneer, the guy who quit demanding his furlough pay.  Why is he still on the payroll?  He quit, right?  Unless he got his furlough pay....no, tell me it ain't so....