Policy Documents
Decisions & Orders
Document Sub-category:
Settlements (Without a Hearing)
Document No.:
2000/06/27
Subject:
KATHRYN B. GANNON [Sec. 161 & Settlement Agrmt.]
Amendments:
Published Date:
06/30/2000
Effective Date:
06/27/2000
______________________________
IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF KATHRYN B. GANNON
Order Under Section 161
1. WHEREAS a Settlement Agreement was executed by Kathryn B. Gannon (“Gannon”) and the Executive Director, a copy of which is attached hereto as Schedule “A”.
2. NOW THEREFORE, the Executive Director, considering that it would be in the public interest to do so, orders BY CONSENT, that:
2.1 under section 161 of the
Securities Act,
R.S.B.C. 1996, c. 418 that, during the Period referred to in paragraph 3.1 of the Settlement Agreement, Gannon is prohibited from becoming or acting as a director or officer of any reporting issuer under the
Act,
or any issuer that provides management, consulting, or administrative services to a reporting issuer under the
Act
.
DATED at Vancouver, British Columbia, on June 27, 2000.
Steve Wilson
Executive Director
SCHEDULE “A”
IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF KATHRYN B. GANNON
Settlement Agreement
1. The following agreement has been reached between Kathryn B. Gannon (“Gannon”) and the Executive Director.
Agreed Statement of Facts
2. As the basis for the undertakings and order referred to in paragraphs 3 and 4 of this agreement, Gannon acknowledges the following facts as correct:
2.1 Gannon is currently residing in the province of British Columbia, and has never been registered in any capacity under the
Securities Act
, R.S.B.C. 1996, c. 418 (the “
Act
”).
2.2 Gannon has been named as a respondent in a criminal indictment alleging the violation of the securities laws of the United States of America, specifically,
United States of America v. James J. McDermott, Jr., Kathryn B. Gannon a/k/a/ “Kathryn B. Gannon-Akahoshi”, a/k/a/ “Marylin Star”, and Anthony P. Pomponio
(filed December 21, 1999).
2.3 Gannon has been named as a respondent in a civil action alleging the violation of the securities laws of the United States of America, specifically,
Securities and Exchange Commission v. James J. McDermott, Jr., Kathryn B. Gannon (a/k/a Marylin Star) and Anthony P. Pomponio
,
Civil Action No. 99 Civ. 12256 (S.D.N.Y.) (MBM) (filed December 21, 1999).
Undertaking
3. Gannon undertakes to:
3.1 conduct all trades in securities, including any securities beneficially owned by her, through a single registered dealer (the “Dealer”), designated in writing by Gannon, for the period of time in which the matters referred to in paragraphs 2.2 and 2.3 are continuing, and for 30 days after the final disposition of those matters (the “Period”);
3.2 provide the name of the Dealer set out in paragraph 3.1 to the Executive Director;
3.3 during the Period, provide to the Executive Director a copy of monthly account statements for every account held at the Dealer; and
3.4 advise the Executive Director of the disposition of the matters referred to in paragraphs 2.2 and 2.3.
Order
4. Gannon consents to an order under section 161 of the
Act
that, during the Period, she is prohibited from becoming or acting as a director or officer of any reporting issuer under the
Act,
or any issuer that provides management, consulting, or administrative services to a reporting issuer under the
Act
.
Waiver
5. Gannon waives any right she may have, under the
Act
or otherwise, to a hearing, hearing and review, judicial review or appeal related to, in connection with, or incidental to this agreement.
DATED at Vancouver, British Columbia, on June 20, 2000.
“Josiah Wood”
)
Witness Signature )
Josiah Wood
)
Witness Name (Please Print) )
Suite 2600, 595 Burrard Street
)
“Kathryn B. Gannon”
Vancouver, BC V7X 1L3
)
Address )
Barrister and Solicitor
)
Occupation )
DATED at Vancouver, British Columbia, on June 20, 2000.
Steve Wilson
Executive Director