Settlements
Stephen Ross Gooder [Agreed Statement]
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BCSECCOM #:
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Document Type:
Agreed Statement
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Published Date:
1989-12-05
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Effective Date:
1989-12-05
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Details:
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Gooder (Re)
as amended
AND IN THE MATTER OF Stephen Ross Gooder
ORDER:-- WHEREAS the Superintendent of Brokers (the "Superintendent") gave notice of a hearing, dated September 14, 1989, to be held before the British Columbia Securities Commission (the "Commission") to give Stephen Ross Gooder ("Gooder") an opportunity to be heard before the Commission determined whether an order should be made under section 26 of the Securities Act S.B.C. 1985, c. 83 (the "Act");
AND WHEREAS Gooder and the Superintendent entered into an agreed statement of facts on October 5, 1989, which is attached as Schedule "A";
AND WHEREAS Gooder has waived his right to a hearing;
AND WHEREAS the Superintendent and Gooder have provided the Commission with written submissions;
AND WHEREAS the Commission considers that Gooder's activities described in the Agreed Statement of Facts were contrary to public interest;
NOW THEREFORE the Commission, under section 26(1) of the Act, orders that Gooder's registration as a salesman be suspended for a period of three months effective December 6, 1989.
D.M. HYNDMAN
Chairman
EDWARD L. LIEN
Member
J.P.H. McCALL
Member
* * * * *
S.B.C. 1985, c. 83, AS AMENDED
AND
IN THE MATTER OF STEPHEN ROSS GOODER
Stephen Ross Gooder ("Gooder") and the Superintendent of Brokers acknowledge that the facts set forth herein are correct.
1. Gooder was first registered as a mutual fund salesman from October, 1983 and is currently and was registered as a mutual fund salesman under the Securities Act S.B.C. 1985, c. 85 as amended (the "Act") at the following material times:
| February 22, 1985 to February 1, 1988 |  | Regal Capital Planners Ltd. ("Regal Capital") | |
| March 16, 1988 to December 8, 1988 | | Tillcan Financial Corporation ("Tillcan") | |
| February 16, 1989 to | Fortune Financial Group | |
| present | International | |
3. On February 19, 1988 Gooder was sent, without his solicitation, an order ("February Order") for the purchase of units of Sunset World Fund ("Sunset Fund") by monthly bank withdrawals starting March 15, 1988. The application on Regal Capital's stationery for the purchase of units of the Sunset Fund was duly signed by the Hooles. A PAC (bank withdrawal) application form on 20/20 Group stationery ("Bank Application") was also signed by the Hooles on that date.
4. At the time of his receipt of the February order, Gooder was not and knew he was not, a registered mutual fund salesman under the Act, and the February order was placed in the name of another person who was a registered mutual funds salesman.
5. Sometime after February 19, 1988 Gooder changed the Bank Application by substituting the name Tillcan for Regal Capital without the Hooles' knowledge or consent.
6. Sometime after February 19, 1988 Gooder prepared a new application for purchase ("Purchase Order") on Tillcan stationery and signed the signatures of the Hooles without their knowledge or consent.
7. Gooder tendered the Purchase Order and Bank Application through John Wolfe at Tillcan which forms were processed by Tillcan to the 20/20 Mutual Fund in Toronto.
8. The Hooles received confirmation of the February Order from Tillcan in April 1988.
9. The Hooles at no time authorized the transfer of the February Order from Regal Capital to Tillcan and when they learned of such a transfer in April 1988 requested that the broker of record and salesman be changed from Tillcan and John Wolfe to Regal Capital and its branch manager which changes were completed in May 1988. After talking to the Hooles, Gooder telephoned 20/20 Mutual Fund in Toronto and instructed the said changes.
COUNSEL FOR STEPHEN ROSS GOODER
COUNSEL FOR THE SUPERINTENDENT OF BROKERS