Notices of Hearing & Temporary Orders
A. DAVID HENGSTLER [Sec. 161]
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BCSECCOM #:
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Document Type:
Sec. 161
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Published Date:
2000-01-21
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Effective Date:
2000-01-12
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Details:
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IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF A. DAVID HENGSTLER
Notice of Hearing Under Section 161
1. TAKE NOTICE that a hearing will be held at the 7th Floor Hearing Room, 865 Hornby Street, Vancouver, British Columbia at 10.00 a.m. on Monday, February 7, 2000, (the “Hearing”), to give A. David Hengstler (“Hengstler”) an opportunity to be heard before the British Columbia Securities Commission (the “Commission”) considers whether it is in the public interest:
- 1.1 to make an order under section 161(1)(a)(ii) of the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”) that Hengstler comply with a Summons to Attend Before An Investigator (the "Summons") at 10.00 a.m. on Wednesday, February 16, 2000, pursuant to section 144 of the Act requiring Hengstler to attend an interview and answer questions relating to his distribution of securities;
1.2 to make an order under section 174 of the Act that Hengstler pay the prescribed fees or charges for the costs of or related to the Hearing; and
1.3 in the event of Hengstler failing to attend as ordered in terms of sub-paragraph 1.1, to authorize Staff to apply to the Commission at 10.00 a.m. on Wednesday, February 23, 2000, without further notice to Hengstler, for an order:
- 1.3.1 under section 162 of the Act, that Hengstler pay an administrative penalty;
1.3.2 under section 161(1)(c) of the Act, that the exemptions described in sections 44 to 47, 74, 75, 98 or 99 do not apply to Hengstler until he complies with the Summons;
1.3.3 under section 161(1)(d) of the Act, that Hengstler resign any position he holds as a director or officer of any issuer in British Columbia and is prohibited from becoming or acting as director or officer of any issuer in British Columbia until he complies with the Summons;
1.3.4 under section 161(1)(d) of the Act, that Hengstler is prohibited from engaging in investor relations activities until he complies with the Summons; and
1.3.5 under section 174 of the Act, that Hengstler pay the prescribed fees or charges for the costs of or related to that hearing.
- 2.1 Hengstler is a citizen of the United States of America currently residing in Whistler, British Columbia.
2.2 in 1997, Hengstler distributed securities in Integridrive Incorporated, a non-reporting issuer incorporated in Nevada, U.S.A, to the value of approximately $2 million to investors in British Columbia. As far as Staff could determine, this distribution was in contravention of the Act. Staff is also aware of similar conduct by Hengstler in respect of other issuers. Hengstler is currently subject to a "cease and desist order", issued by the Securities and Exchange Commission in the United States, for similar conduct.
2.3 on July 30, 1999, the Summons, requiring Hengstler to attend before David Martin, Senior Investigator with the Commission, at 10.00 a.m. on Tuesday, August 17, 1999, at the premises of the Commission, was served on Hengstler personally.
2.4 the Summons was issued pursuant to an investigation order made under section 142 of the Act, on October 21, 1998.
2.5 Hengstler failed to attend before David Martin pursuant to the Summons on August 17, 1999, or since.
3. AND TAKE NOTICE that Hengstler may be represented by counsel at the Hearing and make representations and lead evidence. Hengstler is requested to advise the Commission of his intention to attend by contacting the Secretary to the Commission at 1200 - 865 Hornby Street, Vancouver, British Columbia, V6Z 2H5;
4. AND TAKE NOTICE that determinations may be made in this matter if Hengstler or his counsel does not appear at the Hearing;
DATED at Vancouver, British Columbia, on January 12, 2000.
Steve Wilson
Executive Director