ALJDEC decisions subject to certification as final

19A-2019.130-ACY · State Board of Accountancy · 2019-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 29, 2018 APPEARANCES: No one appeared for Respondent; Scott Donald, Esq. for the Board of Accountancy ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT The Arizona State Board of Accountancy (“Board”) is the authority for regulating Certified Public Accountants in the State of Arizona. On September 12, 2019, the Board issued a Complaint and Notice of Hearing setting this matter for hearing at 9:00 a.m. October 29, 2019 at the Office of Administrative Hearings in Phoenix Arizona. No one appeared for Respondent Erik G. Becker at the scheduled hearing time and the matter was convened in his absence at about 9:17 a.m. The issue for hearing is whether good cause exists for the Board to revoke, suspend, or take other disciplinary action against Mr. Becker, who holds Certificate No. 8659-E issued by the Board. In the Complaint, the Board alleges that Mr. Becker has been convicted of a felony in violation of Ariz. Rev. Stat. section 32-741(A)(1). At the hearing, the Board withdrew an allegation that Mr. Becker failed to report the conviction in a timely manner. In his Answer, Mr. Becker admitted that he had been convicted of a felony. On December 6, 2018, in Maricopa County Superior Court, Mr. Becker pleaded guilty to three counts of Indecent Exposure, one of which was a class 6 undesignated felony and two of which were misdemeanors. On January 14, 2019, Mr. Becker was sentenced to lifetime probation under the supervision of the Adult Probation Department. Mr. Becker’s terms of probation include sex offender conditions. In his plea agreement, Mr. Becker acknowledged that he has had nine previous convictions for indecent exposure. The plea agreement also shows that the State was agreeing not to file additional charges against Mr. Becker arising out of forty additional police reports. With respect to the felony conviction directly at issue, on October 12, 2017, Mr. Becker exposed himself to a twelve year old girl, who reported that he was touching his private parts. At the time that incident was reported, police were also investigating other incidents of indecent exposure and Mr. Becker was a “strong investigative lead.” Mesa police put Mr. Becker under surveillance and on November 2, 2017, detectives observed him exit his house while naked and masturbate in a public area, which he did several times. The officers took photos of him on that date, and they set up surveillance cameras, which captured videos of him engaging the same behavior on other occasions, usually in broad daylight. Children were observed to have been in the area of these incidents. Police arrested Mr. Becker on February 7, 2018. He advised the police that he has a lifetime sex addiction and was in therapy. In October 1989, in Michigan, Mr. Becker pleaded no contest to charges that he had exposed himself to female victims multiple times. In November 1990, in Michigan, Mr. Becker completed a six-month probation, after which deferred charges related to exposing himself in public were dismissed. In January 1996, Mr. Becker pleaded guilty to charges was he naked and masturbating in public. On May 16, 2001, Mr. Becker pleaded guilty to public sexual indecency. On September 19, 2004, Mr. Becker was charged with masturbating in public; the disposition of the case is unknown, but he gave police a false name because of his prior convictions. On July 19, 2005, Mr. Becker was found guilty of four counts of indecent exposure. This incident took place at the same apartment complex as the incident resulting in the felony conviction for exposing himself to the twelve year old. On July 19, 2011, Mr. Becker was arrested for being naked in public, but released because the victim did not want to cooperate. On March 29, 2013, Mr. Becker was arrested for disorderly conduct and trespassing. He admitted to being a sex addict who gets his fix this way. The Board’s mandate is to protect the public, which it takes very seriously. The Board considered Mr. Becker’s conviction and related criminal history at a meeting on July 22, 2019. Two board members expressed their concern regarding the risk Mr. Becker posed to the public considering his long history of offenses. One member also raised concerns regarding good moral character and the impact on employees, clients and coworkers. The Board voted to issue the Complaint to revoke Mr. Becker’s license. At the hearing, the Board requested that Mr. Becker’s license be revoked. CONCLUSIONS OF LAW The Board bears the burden of persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(2). The standard of proof on all issues in this matter is that of the preponderance of the evidence. Ariz. Admin. Code § R2-19-119. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. Black’s Law Dictionary 1373 (10th ed. 2014).

The preponderance of the evidence shows that Mr. Becker has been convicted of a felony. Consequently, the Board has authority to revoke his certificate. Ariz. Rev. Stat. § 32-741(A). Considering the nature of Mr. Becker’s felony conviction, his long criminal history, and his failure to appear at the hearing, his certificate should be revoked. RECOMMENDED ORDER IT IS ORDERED that Certificate No. 8659-E issued to Erik G. Becker is revoked.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days after the date of that certification.

Done this day, November 13, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Monica L. Petersen, Executive Director Arizona State Board of Accountancy -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826