Nino Napoli

Member’s name: Nino Napoli
Date of Hearing: 28 April 2022
Division: Victoria
Tribunal: Disciplinary Tribunal

On 28 April 2022 the Disciplinary Tribunal found that Mr Nino Napoli breached CPA Australia’s 14 May 2019 Constitution:

Volume 1:

• Article 39(a)(ii)G, in having “pleaded guilty to, or been found guilty of (with or without conviction), any offence (criminal or otherwise, but excluding any offence relating to traffic infringement) before any Court in any jurisdiction (which, in the case of a finding or conviction has not been overturned on appeal) which in the reasonable opinion of the Board is likely to materially adversely reflect upon or affect the standing or reputation of the Company” in respect of the proceedings in the County Court of Victoria, in which he pleaded guilty to two charges and was sentenced on 14 July 2021 to a total effective term of imprisonment of 3 years and 10 months, with a non-parole period of 23 months.

Volume 2:

• Article 39(a)(ii)F, in having “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of a decision of the Tax Practitioners Board on 1 October 2020.

Mr Napoli did not attend the Disciplinary Tribunal Hearing and a denial of the Complaints was entered on his behalf.

Penalty and Costs:

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

Volume 1:

• forfeiture of membership, not eligible for readmission for 25 years
• a Fine of $25,000.

Volume 2:

• forfeiture of membership, not eligible for readmission until 23 November 2025, to be served concurrently with the forfeiture of membership for Volume 1.

The Disciplinary Tribunal imposed a contribution to CPA Australia’s costs of $1,661.80 for Volume 1 and $1,673.71 for Volume 2.