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Mark John CPA

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812-522-7712
Contact name
Mark John
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1 Star
By Visitor
01/25/2019
"COPY OF COMPLAINT BEFORE ACCOUNTANCY BOARD" THE MOST INTERESTING OF WHICH ARE PARAGRAPHS 5 AND 11, WITH 11 STATING "11. On August 13, 2012, Respondent violated the No Contact Order by entering his
wife's home while she was home; while there, he demanded that she perform oral sex on him and told her that he could kill her"

BEFORE THE INDIANA BOARD OF ACCOUNTANCY
CAUSE NO.: 2016 IBA 0112

IN THE MATTER OF THE LICENSE OF:
MARK A. JOHN
LICENSE NO.: CP18602442
FILED NOV 04 2016

Indiana Professional Licensing Agency

COMPLAINT

The State of Indiana ("Petitioner"), by counsel Deputy Attorney General J. Michael.

Nossett, brings this Complaint against the Certified Public Accountant license of Mark A.

John, ("Respondent") pursuant to Indiana Code §§ 25-1-6*3, 25-1-7-2, & 25-1-7-7; Ind. Code

art. 25-2.1; and Ind. Code chs. 4-21.5-3 & 25-1-11. In support, Petitioner alleges as follows:

FACTS

1. Respondent is a certified public accountant holding license no. CP18602442,
issued March 11, 1986, expired June 30, 2015, and deemed "valid to practice while reviewed"

November 16, 2015.

2. Respondent's address on file with the Board is P.O. Box 1063, 115 West Tipton,
Seymour, Indiana 47274.

January 17, 2001 Conviction

3. On January 17, 2001, Respondent was convicted in the Jackson Superior Court
in cause number 36DOI-0009-CM-1285 of a misdemeanor-specifically, Operating a Vehicle While Intoxicated.

October 30, 2002 Conviction

4. On October 30, 2002, Respondent was again convicted in the Jackson Superior
Court m cause number 36DOI-0203-CM·335 of a misdemeanor-specifically, Public
Intoxication.

February 12, 2013 Conviction

5. On August 8, 2012, Respondent struck his then wheelchair-bound wife in
the face.
6. That same day, Respondent was arrested for domestic battery; at the time of
his arrest, Respondent was intoxicated.
7. That same day, in the Jackson Circuit Court in cause number 36DOI-1208CM-
727, the Honorable Judge Bruce Markel III issued a "No Contact Order Upon Release
From Custody on Bail or Personal Recognizance" ("No Contact Order") that ordered
Respondent to have no contact with his wife until the resolution of the case.
8. On August 9, 2012, Respondent signed the No Contact Order.
9. That same day, Respondent was charged in the Jackson Circuit Court in the
above-referenced cause with one count of violating Ind. Code § 35-42-2-1.3(a), Domestic Battery, then a Class A Misdemeanor.
10. On February 12, 2013, Respondent was convicted in the Jackson Superior
Court #1 in the above-referenced cause of a Class B Misdemeanor-specifically,
Disorderly Conduct.

March 15, 2013 Conviction

11. On August 13, 2012, Respondent violated the No Contact Order by entering his
wife's home while she was home; while there, he demanded that she perform oral sex on him and told her that he could kill her.
12. That same day, Respondent was arrested.
13. On August 16, 2012, Respondent was charged in the Jackson Circuit Court in
cause number 36COI-1208-FD·253 with one count of violating Ind. Code § 35-45-2-1(a)(2) &
(b)(I)(B), Intimidation, then a Class D Felony; and one count ofv:iolating Ind. Code § 35-461-
15.1(1), Invasion of Privacy, then a Class A Misdemeanor.
14. On March 15, 2013, Respondent was convicted in the Jackson Circuit Court in
the above-referenced cause of a Class A Misdemeanor-specifically, Invasion of Privacy.

October 3, 2014 Conviction


15. On September 16, 2013, Respondent was arrested after attempting to evade a
traffic stop, during which he was intoxicated; a resulting chemical test of Respondent's blood
revealed an alcohol concentration equivalent ("ACE") of .214.
16. On September 25,2013, Respondent was charged in the Jackson Circuit Court
in cause number 36COl-1309-FD-386 with the following violations:
A. One count of violatiug Ind. Code § 35-44.1-3-I(a)(3) & (b)(I)(A),
Resisting Law Enforcement, then a Class D Felony;
B. One count of violating Ind. Code § 35-42-2-2(b)(I) & (c)(I), Criminal
Recklessness, then a Class A Misdemeanor;
C. One count ofviolating Ind. Code § 9-30-5.2(a) & (b), Operating a Vehicle
While Intoxicated Endangering a Person, then a Class A Misdemeanor; and
D. One count ofviolating Ind. Code § 9-30-5-1(b), Operating a Vehicle with
an ACE of .15 or More.
17. On October 3, 2014, Respondent was convicted in the Jackson Circuit Court in
the above-referenced cause of the following violations:
A. One count ofResisting Law Enforcement, then a Class D Felony;
B. One count of Operating a Vehicle While Intoxicated Endangering a
Person, then a Class A Misdemeanor; and
C. One count of Operating a Vehicle with an ACE of .15 or More, then a
Class A Misdemeanor.
18. Additionally, that same day, Respondent's probation in cause number 36C01.
1208-FD-253 was revoked and Respondent's sentence of three-hundred sixty-five (365) days
from that cause, which had been suspended, to be executed consecutively to the 2014
Sentence.

July 29, 2015 Charges

19. On July 21, 2015, Respondent violated his probation by being intoxicated and
was arrested; arresting officers performed a portable breath test of Respondent's breath that revealed a .221 alcohol content. Respondent told arresting officers that they would need to shoot him, and he had to be placed in shackles in order to be transported to jaiL
20. On July 29, 2015, Respondent was charged in Jackson Superior Court #1 in
cause number 36DOl-1507-CM-718 with one count of violating Ind. Code § 35-44.1-3-1(a)(1),
Resisting Law Enforcement, then a Class A Misdemeanor.
21. As of the date of this filing, resolution of this matter remains pending.
22. On October 30, 2015, Respondent's probation in cause number 36C01-1309FD-
386 was revoked and the suspended portion of Respondent's 2014 Sentence was ordered
to be executed.

VIOLATIONS

23. Respondent's conduct as described above is in violation of Ind. Code § 25-1-115,
subjecting him to sanction for each violation pursuant to Ind. Code § 25-1-11-12.
Specifically:

A. Respondent committed five (5) violations of Ind. Code § 25-1-115(
a)(2)(B) for being convicted of a crime harmful to the public-specifically the
following convictions for crimes harmful to the public:
1. Respondent's conviction in cause number 36D01-0009-CM-1285
of Operating a Vehicle While Intoxicated;
2. Respondent's conviction in cause number 36D01-0203-CM-335
of Public Intoxication;
III. Respondent's conviction in cause number 36DOl-120B-CM-727
of Disorderly Conduct;
IV. Respondent's conviction in cause number 36COl·1208·FD-253 of
Invasion of Privacy; and
v. Respondent's conviction in cause number 36COl-1309-FD-386 of
Resisting Law Enforcement, Operating a Vehicle While Intoxicated
Endangering a Person, and Operating a Vehicle with an ACE of .15 or More.
VI. Respondent committed one (1) violation of Ind. Code § 25-1-11.
5(a)(4)(D) by continuing to practice although unfit due to severe dependency
on alcohol.

24. Additionally, pursuant to Ind. Code § 25-2.1-8-1(a)(4), the Board may impose
sanctions for "any conduct reflecting adversely on the licensee's fitness to engage in the practice of accountancy." The Respondent has engaged in the following six (6) acts that reflect adversely on his fitness to practice--each ofwhich is grounds for additional sanctions as may be imposed by the Board:

A. Respondent's operation of a vehicle while intoxicated as evidenced by
his conviction in cause number 36DOI-0009-CM-1285;
B. Respondent's public intoxication as evidenced by his conviction in cause
number 36DOI-0203-CM-335;
C. Respondent's disorderly conduct as evidenced by his conviction in cause
number 36DOl-1208-CM-727;
D. Respondent's invasion of his wife's privacy as evidenced by his
conviction in cause number 36C01-1208-FD-253 of Invasion of Privacy;
E. Respondent's resisting law enforcement, operating a vehicle while
intoxicated endangering a person, and operating a vehicle with an ACE of.15 or more,
as evidenced by his conviction in cause number 36COl-1309-FD-386; and
F. Respondent's alleged resistance oflaw enforcement, as evidenced by the
charges in cause number 36DOl.1507.CM-718.
REQUESTED RELIEF
Accordingly, Petitioner respectfully requests an Order against Respondent that:
I. Finds Respondent subject to discipline according to Ind. Code ch. 25-1-11;
II. Imposes the appropriate disciplinary sanction;
III. Directs Respondent to pay all costs incurred in the prosecution of this case;
IV. Directs Respondent to pay a fee of Five Dollars ($5.00) to be deposited into the Health
Records and Personal Identifying Information Protection Trust Fund; and
V. Provides any further relief 3S the Board deems just and proper.
Respectfully Submitted,
GREGORY F. ZOELLER
Attorney General of Indiana
Attorney No.: 1958-98

By:

J. Michael Nossett
Deputy Attorney General
Attorney No.; 32089·32
302 W. Washington St., 5th Floor
Indianapolis, Indiana 46204
Phone: (317) 234-2248 I Fax (317) 233-4393
Michael.NossetWatg.in.gov
1 Star
By Visitor
12/11/2018
https://www.in.gov/apps/pla/litigation/viewer.aspx?id=41062
link for board of accountacny complaint against M. JOHN
1 Star
By Visitor
12/11/2018
Case No. 36C01-1802-F6-000070
State of Indiana v. Mark Anthony John §
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Case Type: F6 - Felony 6
Date Filed: 02/23/2018
Location: Jackson Circuit Court
Police Agency Number: 18-BP0275
Prosecutor Case Management Number: 36-DM33177
Party Information
Attorneys
Defendant John, Mark Anthony Male White
5' 10", 190 lbs Bradley A. Johnson
Retained
226 S Chestnut Street
Seymour, IN 47274

** Confidential Phone Number **
650 Dogwood Dr
Brownstown, IN 47220

State Plaintiff Jackson County Sheriff
150 East State Road 250
Brownstown, IN 47220

State Plaintiff Jackson Jennings Community Corrections
211 Carter ST
Seymour, IN 47274

State Plaintiff State of Indiana Scott Theron Noth
111 S Main ST
Brownstown, IN 47220

812-358-6130(W)
Charge Information
Charges: John, Mark Anthony Statute Level Date
1. 9-30-5-2(a)/F6: Operating a Vehicle While Intoxicated: Prior Conviction 9-30-5-2(a) Felony 6 02/21/2018

2. 9-30-5-1(b)/F6: Operating a Vehicle with an ACE of .15 or More but where def. has a prior conviction 9-30-5-1(b) Felony 6 02/21/2018

Bonds
Jackson Cash Bond $1,500
03/06/2018 CASH BOND RECEIVED BY CLERK
Counts:1, 2
02/21/2018 Arrest Date

Events & Orders of the Court
02/23/2018 Case Opened as a New Filing
02/23/2018 Probable Cause Affidavit Filed
Probable Cause Affidavit Filed (State files Affidavit to Establish Probable Cause. Probable Cause established. State files Information. Defendant held in lieu of bail. No bond fixed until Initial Hearing. State enters appearance. Notice Of Intent To Seek Enhanced Penalty For OWI Counts I and II Based Upon Prior Conviction.

CHANGE OF PLEA HEARING January 29, 2019 2:00 PM
Order Signed: 12/05/2018
12/06/2018 Automated ENotice Issued to Parties
Hearing Scheduling Activity ---- 12/5/2018 : Bradley A. Johnson;Jackson County Sheriff;Scott Theron Noth;Jackson Jennings Community Corrections Hearing Scheduling Activity ---- 12/5/2018 : Bradley A. Johnson;Jackson County Sheriff;Scott Theron Noth;Jackson Jennings Community Corrections Order Set for Hearing ---- 12/5/2018 : Bradley A. Johnson;Jackson County Sheriff;Scott Theron Noth;Jackson Jennings Community Corrections
12/06/2018 Invalid Email: Automated Paper Notice Issued to Parties
Hearing Scheduling Activity -- 12/5/2018 : Scott Theron Noth Hearing Scheduling Activity -- 12/5/2018 : Scott Theron Noth Order Set for Hearing -- 12/5/2018 : Scott Theron Noth
01/04/2019 CANCELED Pretrial Conference (11:00 AM) (Judicial Officer Poynter, Richard William)
Judicial Action
01/29/2019 Change of Plea Hearing (2:00 PM) (Judicial Officer Poynter, Richard William)
1 Star
By Visitor
12/11/2018
He is a convicted felon.