Agreed Consent Order

5 andersen understands that it has a right to hearing

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Unformatted text preview: tterfrom the m m Board, if any. 5 Andersen understands that it has a right to hearing on this matter and to judicial review, including appeal, under the laws of the United States and the State of Texas. Andersen knowingly and willingly waives theserights with respectto all claims assertedin the Board's Notice of Hearing and Complaint in consideration of the Board's agreement to accept the terms of this Agreed Consent Order. Andersen has consulted with counsel concerning this waIver. 6. Andersen consents to the adoption of this Agreed Consent Order by final Board order and expressly agreesto be bound by the terms herein. 7 Should this Agreed Consent Order not be adopted by the Board, the payment for administrativepenalty and the original of this AgreedConsentOrder shall be returnedto Andersenand it is agreed hat neitherthe presentation f this AgreedConsentOrderto the t o Board nor the Board's consideration f this AgreedConsentOrderwill be deemedo have o t unfairly or illegally prejudicedthe Board or any individual membersof the Board from further participation in proceedingselatedto the matter set forth in this AgreedConsent r Order. Likewise, should this Agreed ConsentOrder not be adopted by the Board, neither the presentation f this AgreedConsent rderto theBoardnor the Board's consideration f this o O o AgreedConsentOrderwill be deemedo prejudiceAndersen. t -5- 8. In accordance with Finding of Fact 4, this Agreed Consent Order constitutes an offer to compromise and, if adopted by the Board a compromise of a disputed claim. Neither the offer by Andersen or by the Board, nor the adoption of this compromise Agreed Consent Order by the Board, nor the revocation ordered herein, shall prejudice or be used as a basis for discipline in any Board proceeding or SOAH proceeding against any individual currently or fonnerly a partner or employee of Andersen. 9. Nothing herein shall be construedto require Andersento undertakeany action that is inconsistent with or will interfere with or impede any governmental investigation. 10. This Agreed Consent Order is subject to mandatory disclosure. The Board will disclose the terms of this Agreed Consent Order. This Agreed Consent Order and Andersen's name will be published. at a minimum. in the Board's official publication pursuant to Board Rule 519.12. 11. The Board reserves any rights and remedies at law it may have for enforcement of this Agreed Consent Order should Andersen fail to comply with the terms of this Agreed Consent Order. ACCEPTED AND AGREED: By: \i~.b~.- ~ AR~~Ar RichardM. Forrest,Attorney-in-fact TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY ~. ~c 7 ~.:::;:~~:::-..c- ~ A.a . ~~~ e ,I William Treacy, ExecutiveDirector -6-...
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