Roberto Marusco

Member’s name: Roberto Marusco
Date of Hearing: 21 June 2023
Division: Western Australia
Tribunal: Disciplinary Tribunal

On 21 June 2023, the Disciplinary Tribunal found Mr Robert Marusco breached CPA Australia’s Constitution of:

Volume 1 

14 May 2019:

• Article 39(a)(ii)(A), in that he had “breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by failing to comply with the fundamental principles of ethics in APES 110 Code of Ethics for Professional Accountants being a failure to exercise professional competence and due care, and/or a failure to maintain objectivity, and/or a failure to exercise professional behavior.
• Article 39(a)(ii)(C), in that he had “failed to observe a proper standard of professional care, skill or competence” by failing to retain working papers and/or financial records of client companies.

Volume 2

11 May 2022:

• Article 36(a), in that he had “committed, participated in or been involved with an Adverse Event” as defined in Article 76(l) as having been “Closely Associated with a Practice Entity: (i) which has become Insolvent: (A) at the time when it became Insolvent; or (B) at any time during the two years prior to it becoming Insolvent” in relation to Here Accountants & Advisors Pty Ltd being Insolvent.

Mr Marusco attended the Disciplinary Tribunal and denied the Complaints.

Penalty and Costs:

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

Volume 1

Complaint 1:

• A severe reprimand.
• A Fine of $2,000.
• Forfeiture of membership (to run concurrently with the forfeiture penalty for Complaint 2).
• Member not eligible for membership for 2 years from the date of forfeiture.
• Member to complete the Ethics and Governance segment of the CPA Program, together with a further Ethics education program as approved by the GMPC, both programs to be successfully completed prior to any re-admission. 

Complaint 2

• A severe reprimand.
• Forfeiture of membership (to run concurrently with the forfeiture penalty for Complaint 1).
• Member not eligible for membership for 2 years from the date of forfeiture. 

Volume 2

Complaint 1:

• A severe reprimand.

The Member was ordered to pay a contribution to CPA Australia’s costs of $3,320.28.