This is pretty idiotic.
The complaint also cites Mr. Bordynuik for using an auditor who was in jail when the company's year-end arrived. On Nov. 28, 2009, just months before the year-end financials were due, the auditor (a principal of Florida firm Gately & Associates) was arrested for violation of probation, drinking and driving, and possession of marijuana. According to the SEC, when Mr. Bordynuik learned of the arrest he not only insisted on continuing to use the auditor, he also agreed to pay for the auditor's criminal lawyer and for an alcohol treatment program. The SEC says this dissolved any notion of independence between the auditor and Mr. Bordynuik.