The institute: Elections to council, CIMA at Accountex, plus notices of upheld decisions.

PositionChartered Institute of Management Accountants

Notices of upheld decisions

The disciplinary committee

found Richard Gardiner (registered student) guilty of misconduct. Having taken the CO2 Fundamentals of Financial Accounting computer-based exam in March 2012, obtaining an overall mark of 48, Gardiner had informed his employer that he had passed when he knew or believed that he had failed. He then provided his employer with a document, headed "CMA" and "results", showing a pass mark of 50, which Gardiner knew or believed was materially false or misleading.

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The committee considered Gardiner's early admission of the allegation in the course of his employer's investigation. But, although Gardiner did not make any direct financial gain from his actions, he had deliberately misled his employer on two occasions, with a degree of premeditation involved in the altering of the results document. The committee decided to cancel Gardiner's student registration and required him to pay costs of [pounds sterling]500.

The disciplinary committee found David Horner (registered student) guilty of misconduct. While sitting the P3 Performance Strategy exam in September 2011 he had failed to comply with CIMA's exam rules and regulations by having a mobile phone in his possession, thereby failing to comply with the laws of the institute.

The committee considered that the allegation against him was that he'd had a mobile phone in his possession, but it was not the case that he had used it or attempted to do so. It took into consideration that Horner had considerable experience sitting CIMA exams and should have been aware of the importance of complying with the rules. It also considered his previous disciplinary history. While an earlier case of misconduct involving Homer had been very different, the committee noted that this was the second time he had been found guilty of the charge and, as such, it decided to impose a severe reprimand, a fine of [pounds sterling]500 and a requirement to pay [pounds sterling]600 towards costs.

The disciplinary committee

found Pritchard Bweupe (registered student) guilty of misconduct. While employed as a finance officer, Bweupe had transferred almost ZMK20.5m ([pounds sterling]2m) from his employer by: (i) diverting imprest refunds that should have been deposited in its account; (ii) diverting funds from his employer's account through unauthorised cheque withdrawals into his own account; and (iii) diverting funds of rental income due to his employer...

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