(a) No director or officer of an insurer shall, directly or indirectly:

1. (1) Make or cause to be made a materially false or misleading statement to an accountant in connection with any audit, review, or communication required under this rule; or
2. (2) Omit to state, or cause another person to omit to state, any material fact necessary in order to make statements made, in light of the circumstances under which the statements were made, not misleading to an accountant in connection with any audit, review, or communication required under this rule.

(c) For purposes of subsection (b) of this section, actions that “if successful, could result in rendering the insurer’s financial statements materially misleading” include, but are not limited to, actions taken at any time with respect to the professional engagement period to coerce, manipulate, mislead or fraudulently influence an accountant:

1. (1) To issue or reissue a report on an insurer’s financial statements that is not warranted under the circumstances due to material violations of statutory accounting principles prescribed by:

   1. (A) The Insurance Commissioner;
   2. (B) Generally accepted auditing standards; or
   3. (C) Other professional or regulatory standards;
2. (2) Not to perform audit, review, or other procedures required by generally accepted auditing standards or other professional standards;
3. (3) Not to withdraw an issued report; or
4. (4) Not to communicate matters to an insurer’s audit committee.