Samuel X Wen

Member’s name: Mr Samuel X Wen
Date of Hearing: 31 March 20155
Division: Victoria
Tribunal: Appeals Tribunal

On 31 March 2015 the Appeals Tribunal heard an appeal by Mr Samuel X Wen against a determination of a Disciplinary Tribunal handed down on 16 October 2014.

The Disciplinary Tribunal found Mr Samuel X Wen breached Article 39(a)(ii)B.2) of the Constitution in that on two occasions, he was guilty of conduct derogatory to or not in the best interests of CPA Australia or its Members.

Mr Wen had issued two letters to a broker using his CPA designation verifying a husband and wife’s income so that they could obtain short term loans. Mr Wen had never met those persons, had no knowledge of their financial position and thereby falsely stated in those letters that those persons could ‘meet the financial obligations of the loan(s) without hardship’.

The parties defaulted on the loans and subsequently lost their house and business.

Mr Wen attended the Appeals Tribunal Hearing.

Penalty and costs 

The Appeals Tribunal upheld the finding of the Disciplinary Tribunal that both Complaints were sustained but varied the penalty. The Appeals Tribunal handed down the following penalty:

• forfeiture of Membership for two years from 16 October 2014
• if, at the time of application for readmission to membership, Mr Wen is offering public accounting services, he must first successfully complete the CPA Practice Management Program, distance learning and residential components, and hold a CPA Australia Public Practice Certificate.

Mr Wen was ordered to pay costs of $552.74 for the Disciplinary Tribunal Hearing and $751.20 for the Appeal Hearing.