You be the judge.

Here is the biographical information from Usana’s most recent 14A filed with the Securities and Exchange Commission on March 13, 207:

Gilbert A. Fuller, 66, Executive Vice President, Chief Financial Officer, and Secretary. Mr. Fuller joined USANA in May 1996 as the Vice President of Finance. Mr. Fuller served in this role from May 1996 to June 1999, when he was appointed as the Company’s Senior Vice President. Mr. Fuller has been the Company’s Chief Financial Officer since October 1997. In January 2006, he was appointed as the Company’s Executive Vice President and Chief Financial Officer. Before joining USANA, from January 1994 to May 1996, Mr. Fuller was the Executive Vice President of Winder Dairy, Inc., a regional commercial dairy operation. From May 1991 through October 1993, Mr. Fuller was Chief Administrative Officer and Treasurer of Melaleuca, Inc., a manufacturer and network marketer of personal care products. From July 1984 through January 1991, Mr. Fuller was the Vice President and Treasurer of Norton Company, a multinational manufacturer of ceramics and abrasives. Mr. Fuller is a Certified Public Accountant and received a B.S. in Accounting and an M.B.A. from the University of Utah.

Incidentally, all the 14A filings going back to 1997 state that Gil Fuller is a Certified Public Accountant.

Here is the online information from the Utah Division of Occupational and Professional Licensing, verifying that Gil Fuller does not have a Utah CPA license:

fullerlicense.jpg

Utah’s Certified Public Accountant Licensing Act defines a CPA:

58-26a-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:

(3) “Certified Public Accountant” or “CPA” means an individual currently licensed by this state or any other state to practice public accountancy or who has been granted a certificate as a certified public accountant under prior law or this chapter.

Part of this Act then explains who does not need a CPA license to perform job duties. As this applies to Gil Fuller, he is not required to have a CPA license in order to act as the CFO of Usana.

58-26a-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the definition of the practice of public accountancy, subject to the stated circumstances and limitations, without being licensed under this chapter:
(1) a person licensed by any other state, district, or territory of the United States or any foreign country as a certified public accountant or its equivalent under any other title while temporarily practicing in this state if:
(a) the practice is incidental to that person’s regular practice outside of this state; and
(b) if that person’s temporary practice within this state is in conformity with this chapter and rules established under this chapter;
(2) an officer, member, partner, or employee of any entity or organization who signs any statement or report in reference to the financial affairs of the entity or organization with a designation of that person’s position within the entity or organization;

However, if Fuller does not have the CPA license, he is not permitted by law to call himself a CPA.

58-26a-501. Unlawful conduct.
“Unlawful conduct” includes:
(1) using “certified public accountant,” “public accountant,” “CPA,” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless that person has:
(a) a current license as a certified public accountant issued under this chapter; or
(b) (i) a current license or certificate as a certified public accountant issued by any jurisdiction of the United States; and
(ii) (A) the use in this state is incidental to primary services being lawfully performed outside of this state; or
(B) the division has entered into a reciprocal agreement with that jurisdiction to recognize the license issued by that jurisdiction;

So is Gil Fuller breaking the law?

One Comment

  1. Andre 06/21/2007 at 3:12 am - Reply

    Gil Fuller is most definitely breaking the law. So are the other members of the board of USANA who continue to condone the pyramid method of driving revenue via new distributors. I have been following Barry Minkow’s work in uncovering the misleading tactics of USANA. I am a disgruntled ex USANA distributor because against my better judgement I allowed a diamond director to persuade me to sign up. I only hope justice will be done and all those who have been fleecing the public are held accountable. Keep up the good work Tracy.

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