Dan Horesh

Member’s name: Mr Dan Horesh
Date of Hearing: 2 February 2017
Division: Victoria
Tribunal: Appeals Tribunal

On 2 February 2017 the Appeals Tribunal heard an appeal by Mr Dan Horesh against a Determination of a Disciplinary Tribunal on 8 September 2016:

The Disciplinary Tribunal found Mr Dan Horesh breached: 

• Article 39(a)(ii)A of the Constitution in that he breached By-Law 9.4(b) in failing to successfully complete a Quality Review over seven years 
• Article 39(a)(ii)A of the Constitution in that he breached By-Law 5.2(a)(ii) in failing to provide a satisfactory explanation in writing to Professional Conduct over a six month period despite four letters, two emails and six telephone reminders.

Mr Horesh attended the Disciplinary Tribunal and Appeals Tribunal Hearings.

Penalty and costs

The Disciplinary Tribunal found the Complaints sustained and imposed the following penalties and costs:

In relation to his failure to respond to correspondence from Professional Conduct:

• a severe reprimand
• a fine of $1,000

In relation to his failure to successfully complete a Quality Review:

• forfeiture of Membership
• prior to any application for readmission to Membership Mr Horesh must first:
  • successfully complete a compliant Quality Review as a non Member at his own cost
  • have paid all outstanding fines and costs

Should Mr Horesh be readmitted to Membership, he will only be readmitted at CPA and not FCPA, status.

The Appeals Tribunal upheld the Determination of the Disciplinary Tribunal, except varied it to the extent that should Mr Horesh successfully complete his Quality Review by 1 April 2017, his FCPA status upon readmission will not be affected.

Mr Horesh was ordered to pay CPA Australia’s costs of $605.27 for the Disciplinary Tribunal Hearing and $683.23 for the Appeal Hearing.