Steven Vogel is an experienced litigator whose practice focuses on complex professional liability and commercial litigation cases. This includes actions against accountants and attorneys, director and officer liability, breach of contract, real estate litigation, state and federal securities law claims, business tort litigation and common law fraud actions. Steve is also experienced in representing accounting firms and accountants in the defense of malpractice claims, SEC regulatory investigations, disciplinary proceedings and risk control. Steve is an AV-Rated Preeminent lawyer by Martindale-Hubbell, the highest rating possible for ethical and technical competence.
Steve is regularly called on for complex issues involving securities laws and regulations, banking and tax, fraud investigations, employment disputes, purchases and sales of accounting and other practices, partnership disputes and risk management. Steve has worked on a number of high profile Ponzi scheme cases including Bernard Madoff, Tom Petters and others.
Steve is a past Chair and current member of the Florida Board of Accountancy. He was first appointed to this state-wide leadership (and public official) position by Florida Governor Rick Scott in 2011 and reappointed in 2015. Each Board of Accountancy appointment requires confirmation by the Florida Senate and each appointment is for a four-year term. This nine-member Board is responsible for the regulation and governance of the accounting profession in Florida. In addition to his service as Chair of the Board in 2015, Steve also served as Chair and member of the Board’s Probable Cause Panel.
Steve is also a former member of the American Institute of CPA’s Auditing Standards Board (“ASB”). The ASB is the senior technical committee of the AICPA, which has the authority to issue auditing, attestation and quality control standards applicable to the performance and issuance of audit and attestation reports for non-public companies. Of the ASB’s 19 members, Steve held the one seat customarily reserved for an attorney whose practice involves matters of interest to auditors in public practice. Steve served as a member of this Board for three years (2010-2012). During his service, the ASB was in the midst of the Clarity Project which was finalized and became effective in 2012.
Steve’s multi-disciplinary background of accounting and law as well as his role as Standard Setter and Regulator in the State of Florida provide him with an in-depth knowledge of the various laws and standards that impact businesses. This includes accounting and auditing standards that govern the accounting profession and that accountants are obligated to uphold.
Steve’s fluency in these special areas provides him with the ability to effectively communicate accounting and auditing principles to judges and juries as well as translating the law for his clients. Steve serves as Florida counsel for a number of the largest CPA firms in the country and has been involved in a number of high profile cases in the State of Florida and other jurisdictions.
Steve has written and lectured extensively on a variety of legal issues with a recent focus on professionals providing advice to the cannabis industry including liability risk management and ethics.
- Successfully represented a large CPA firm in a professional malpractice case with alleged damages in excess of $5 million dollars involving a fraud perpetrated on a third party.
- Member of a defense team that successfully represented a trustee of a $100-million-dollar family trust that was invested with Bernard Madoff where it was alleged the trust suffered a total loss.
- Successfully represented a CPA firm in a high-profile Ponzi Scheme case where the client was sued for malpractice related to a purported failed financial statement audit.
- Member of a defense team that successfully defended a CPA, through a four-week trial, in an audit-failure case with alleged damages in excess of $10 million dollars prosecuted by a Receiver.
- Successfully represented a large law firm against allegations of professional negligence in connection with their client’s SEC Registration Statement filing and alleged damages in excess of $20 million dollars.
- AV-Rated Preeminent lawyer by Martindale-Hubbell, the highest rating possible for ethical and technical competence
PROFESSIONAL / COMMUNITY ACTIVITIES
- Florida Board of Accountancy
- Chair (2015)
- Vice Chair (2014)
- Member, appointed by Florida Governor Rick Scott and Confirmed by the Florida State Senate (2011 – present)
- Probable Cause Panel, Chair (2014)
- Probable Cause Panel, Member
- Legislative Affairs and Budge Committees, Member
- Florida Bar Grievance Committee “11C” in Miami-Dade County
- Chair (2014)
- Member (2012 – present)
- American Institute of Certified Public Accountants, Member Auditing Standards Board (2009 – 2012)
- National State Boards of Accountancy (NASBA) Board Effectiveness and Legislative Affairs Committee, Member
- Dade County Bar Association, Real Property Committee (2009)
Mr. Vogel is a frequent lecturer on professional liability issues both within and outside of Florida.
- “A Medical Marijuana Update,” Coral Gables Chamber of Commerce IMPACT seminar, Coral Gables, Florida 2017.
- “The new landscape of Anti-Trust litigation facing accounting and other Professionals,” CNA Lawyers and Accountants Networking Conference – Expert Panel, Los Angeles, California, 2016.
- “Update on the State Marijuana Laws and the Impact on Professionals,” CNA Lawyers and Accountants Networking Conference – Expert Panel, Los Angeles, California, 2016.
- “State Marijuana Laws and the Impact on Professionals,” CNA Lawyers and Accountants Networking Conference –Expert Panel, Marco Island, Florida, 2015.
- “Professional Skepticism” CBIZ/MHMC. Annual Conference – Hollywood, Florida, 2014.
- “Getting yourself out of Hot Water,” National Association of State Boards of Accountancy Annual Conference for Board of Accountancy Legal Counsel, Tampa, Florida, March 2014.
- “Florida State Board of Accountancy Update,” University of Florida Annual Accounting Conference, Gainesville, Florida, 2013.
- “The Anatomy of an Accountants Defense,” CPA Associates International Annual Conference, Las Vegas, 2013.
- “The new AICPA Financial Reporting Framework for SME’s,” CNA Lawyers and Accountants Networking Conference –Expert Panel, Chicago, Illinois, 2012 and Las Vegas, 2013.
- “Accounting Malpractice Update,” University of Miami Graduate School of Business, Continuing Professional Education Course for Certified Public Accountants, Miami, Florida, 2012.-“The Clarity Project Update,” CNA Lawyers and Accountants Networking Conference – Expert Panel, Orlando, Florida, 2011.
- “The Anatomy of an Accountants Defense,” Florida Institute of CPA’s, Miami, Florida 2011.
- “The Anatomy of an Accountants Defense,” Accounting Update, Lipscomb University, Nashville, Tennessee, 2010.
- “The Impact of the Financial Crisis on Accountants & Lawyers,” PLUS International Conference, San Antonio, Texas, 2010.
- “The Clarity Project,” CNA Lawyers and Accountants Networking Conference – Expert Panel, Denver, Colorado, 2010.
- “The Anatomy of an Accountants Defense,” Florida Institute of CPA’s, Miami, Florida 2010 and 2009.
- “The Current Financial Crisis and its Impact of Traditional Professionals,” PLUS E & O Symposium, San Diego, California, 2009.
- “Accounting Malpractice Update,” Florida International University, Continuing Professional Education Course for Certified Public Accountants, Miami, Florida, 2008.
- “Conflicts In Marijuana Laws Mean Professionals Must Act Carefully Before Taking on Clients,” Daily Business Review, November 18, 2016.
- “Advising Marijuana Businesses,” Defense Research Institute, October 2016.
- “Be Careful When Counseling Marijuana Businesses,” Daily Business Review, April 14, 2016.
- “The Janus Decision,” Riding the E & O Line, Volume 3, Issue 3, published by the Defense Research Institute, 2011.
- “Supreme Court to review important securities case that may open the door to fraud suits against accountants,” Of Mutual Interest, published by CPA Mutual Insurance Company of America, 2010.
- “Statement on Auditing Standards – Consideration of Fraud in a Financial Statement Audit,” Of Mutual Interest, published by CPA Mutual Insurance Company of America, 2010.
- “Plaintiff’s Fault as a Defense in Accountant’s Malpractice Suits,” The Attorney-CPA, Volume 43, Number 3, American Association of Attorney-CPAs, Summer 2008.
- “Comparative Negligence in CPA Malpractice Cases, Are CPA’s Weathering the Storm?,” For the Defense, Defense Research Institute, 2007.
- “Contract for Sale of Goods, Suing or Defending Action for Breach of Contract Under Florida’s Commercial Code,” LexisNexis Practice Guide, Florida Contract Litigation, Chapter 26, Matthew Bender, 2006.