My
name is
Todd-Ellis; Swanson. For those who don’t
know me I was a CPA from November 1995 until
When
a bank
makes a loan they must follow Generally Accepted Accounting Principles
(GAAP). Title 12 of the United States
Code, § 1831n (a) requires all Federally-insured (FDIC) banks to
follow
GAAP. GAAP
requires
the use of double entry bookkeeping journal entries.
Double entry bookkeeping journal entries work
like this. When a bank accepts cash,
checks, negotiable instruments, promissory notes, or any other similar
instruments from a customer and deposits or records the instruments as
an
asset, they must record an offsetting liability that matches the asset
they
accepted from the customer. The
liability shows they owe the customer the money they accepted from the
customer.
You see, money is not limited to just cash. Money is anything that has value and banks or
people accept as money and money does not have to be issued by the
government
per Federal Reserve Bank of New York publication I bet you thought…
by
David H. Friedman Fourth Edition 1984.
Page 9 explains that cash and checkbook money have equal value. Page 27 explains that the banks create new
money by depositing IOU’s, promissory notes, offset by a bank liability
called
a checking account balance. Page 5 says,
“Money doesn’t have to be intrinsically valuable, be issued by a
government or
be in any special form…”. Federal
Reserve Bank of
So what happened is the bank accepted your
promissory note
as money and deposited the money/promissory note into a checking
account with your
name on the checking account without disclosing this to you. This means that the bank recorded the
promissory note as a loan from you to the bank.
When the bank deposited your $100,000 promissory note into a checking account, the
bank created $100,000 of new bank credit money (the bank
did not loan money, they loaned the
credit of the bank). I believe the bank, either out of ignorance or
deceit, concealed
the substance of the transaction, the bookkeeping entries, that would
prove you
were the lender and the bank was the borrower and the bank uses the
form, the
promissory note, to try and convince you that the opposite occurred and
that you
were the borrower and not the lender.
For
those
interested in learning more, I unreservedly recommend reading the books
Money1
and The New Economic Disorder2.
1.
Ewart,
James E. Money.
(ISBN 0-9663570-0-0.)
2. Bates, Larry.
The New Economic Disorder.
(ISBN
0-8841938-3-7.)
In
June, 2004 I
received several letters from the SC Board of Accountancy (Board)
concerning
complaints that had been filed against my CPA license by several bank
attorneys. These same complaints were
also filed against my NC license. The
Board requested I provide them with all the documentation I had to
support what
I stated in my letters. I provided the
Board with that information. One year
latter I was subpoenaed to appear for a hearing before the Board. That hearing was postponed until
The hearing lasted approximately 12 hours. The transcript is 376 pages. I provided 24 exhibits containing approximately 189 pages and I had more exhibits to submit had there been more time. Of the exhibits, 25 pages were from 3 college level Accounting/Economic/Banking textbooks; 21 pages were from 2 college level history books; 38 pages were from 3 Federal Reserve Bank Publications; 31 pages were from 2 Continuing Professional Educations courses I took on Bank Auditing and Accounting; and 8 pages were from the Congressional Record. I was told secondhand that the board reached their decision in less than 30 minutes. No one rebutted the exhibits, I relied upon for the details in my letter, during the hearing and the exhibits were not rebutted in the order. In fact, the exhibits are never mentioned and yet it takes a close scrutiny of the exhibits to understand and grasp the subject matter as it relates to my letter.
Two of the Board members are Partners in the same CPA firm. This firm offers in-house “Mortgage Broker Services”, thus I believe they receive “loan origination fees”. This is a very apparent and egregious conflict of interest considering the subject matter of the hearing. It is made even worse by the fact that the transcript shows the CPA who made the motion for my sanctions and the CPA who seconded that motion are the very same two Partners who offer “Mortgage Broker Services”. Further, the Partner who made the motion is the same one who had direct communication with the State’s prosecuting attorney. Further, the transcript shows this same Partner did not ask one relevant question of me or any other witness during the entire hearing.
1. Sometime during a break before lunch, Dr. Larry Bates (my expert witness) overheard Debra Turner (Board member), the female CPA sitting to the right of Chair talking with Mr. Geoffrey Bonham (state’s prosecuting attorney). She stated something to the effect that she or the board had heard enough and to wrap it up and get it over with. All this before Dr. Bates or me testified. Dr. Bates has done an affidavit stating this. See the Board's own code section below for Debra's violation and penalties. She put forward the motion for my penalty. She asked no relevant questions, only where I worked, for how long, etc....
2. Debra Turner and McRoy Skipper (another board member that was present) are partners in the below CPA firm. The link will take you to the services they offer. One of the services is Mortgage Broker Services. So as Dr. Bates said to me, "They are receiving loan origination fees". Notice below in the transcript that Turner makes the motion for my penalty and that Skipper is the one to 2nd it.
http://www.websterrogers.com/services/index.shtml
3.
It also
appears from the Board’s website that 2 possibly 3 board members' terms
expired
on or before
SECTION 1-23-360. Communication by members or employees of agency assigned to decide contested case.
Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member:
(1) May communicate with other members of the agency; and
(2) May have the aid and advice of one or more personal assistants.
Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
Here
is part
of the final board meeting. Notice she is the one to voice the
motion and
her partner 2nds it.
MR. BURKETT: On the record, there was no
9
vote taken during executive session.
10
MS. TURNER: I want to make a motion
that the
11
Board find that Mr. Swanson has violated the
12
Accountancy Practice Act, and that his license be
13
revoked and he not be allowed to apply for re-licensing
14
for three years.
15
MR. SKIPPER: Second that motion.
16
MR. BURKETT: Any discussion? All in favor?
What my expert, Dr. Bates, stated on the record was ignored and twisted in the Final Order. The order does not accurately reflect the testimony put forward on the record. My CPA licenses were basically stolen by other CPAs who are in bed with the banks, my character was maligned and I have been damaged monetarily.