CPA Charged Contingent fees and Forged 2848

[Cracker]

My CPA charged me over 20k for contingent fees based on a percentage of a refund to be received for a carryback NOL. I did not know this was not allowed until I got a new accountant. He also then forged my name on a power of attorney form in order to redirect my refund to his office. He then held my refund until I paid his fee and we exchanged checks. I would like to sue him in small claims ct for return of the illegal contingency fees. What would be the best way to demonstrate his misbehavior to the court? I have invoices where he said he was charging a contingency fee, but is just showing the invoices and the state code saying contingency fees are not allowed sufficient evidence? Should I even get into the forgery part since that is not part of the claim for damages?

 

[Michael Wechsler]

Is your CPA actually a CPA and certified? You may wish to have a conversation first about ethical requirements and why the CPA may have felt that the conduct was permissible. I wouldn't move forward until I was sure what was done was wrongful - and it seems the case on the surface. Regarding filing complaints and letting licensing agencies do some of your investigatory work, much depends upon your state. For example here is the Minnesota Society of CPAs which discusses how to file complaints. Best of luck to you.