Notices of Hearing & Temporary Orders
ADAMO GUERRINI [Notice]
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BCSECCOM #:
2001 BCSECCOM 954
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Document Type:
Notice
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Published Date:
2001-10-01
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Effective Date:
2001-09-18
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Details:
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2001 BCSECCOM 954
IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, C. 418
AND
IN THE MATTER OF ADAMO GUERRINI
Notice of Hearing Under Section 161
[para 1]
1. TAKE NOTICE that a hearing will be held (the “Hearing”) to give Adamo Guerrini (“Guerrini”) an opportunity to be heard before the British Columbia Securities Commission (the “Commission”) considers whether it is in the public interest to make the following orders:
1.1 pursuant to section 161(1)(c) of the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”) that any or all of the exemptions described in sections 44 to 47, 74, 75, 98 or 99 do not apply to Guerrini;
1.2 pursuant to section 161(1)(d) of the Act that Guerrini resign any position he holds as a director or officer of any issuer, and that he be prohibited from becoming or acting as a director or officer of any issuer;
1.3 pursuant to section 161(1)(d) of the Act that Guerrini be prohibited from engaging in investor relations activities;
1.4 pursuant to section 162 of the Act that Guerrini pay an administrative penalty;
1.5 pursuant to section 174 of the Act that Guerrini pay prescribed fees or charges for the costs of or related to the Hearing; and
1.6 to make any other orders as may be appropriate in the circumstances.
[para 2]
2. AND TAKE NOTICE that the Commission will be asked to consider the following facts and allegations in making its determinations:
2.1 Guerrini was registered as a salesperson under the Act until April 11, 1997.
2.2 On June 23, 1998, Guerrini was charged with theft and fraud, contrary to the Criminal Code of Canada relating to money that Guerrini received from a person ostensibly for investment, which Guerrini failed to invest between August 6, 1007 and August 12, 1997.
2.3 On June 8, 1999, Guerrini pled guilty to one count of theft.
2.4 On September 13, 1999, a provincial court judge in Vancouver, B.C. convicted Guerrini. Mr. Guerrini received a $5,000 fine and a one day jail sentence.
2.5 Guerrini acted contrary to the public interest by engaging in fraudulent behaviour which lessened investor confidence in the integrity of British Columbia’s capital markets.
[para 3]
3. AND TAKE NOTICE that Guerrini may be represented by counsel at the Hearing, and make representations and lead evidence. Guerrini is requested to advise the Commission of his intention to attend the Hearing by informing the Secretary to the Commission at PO Box 10142, Pacific Centre, 701 West Georgia Street, Vancouver, BC V7Y 1L2 phone: (604) 899-6500; email: commsec@bcsc.bc.ca.
[para 4]
4. AND TAKE NOTICE that Guerrini or his counsel are required to attend at the 12th Floor Hearing Room, 701 West Georgia Street, Vancouver, British Columbia, on Thursday, October 4, 2001, at 10:00 a.m. if he wishes to be heard before the Commission sets a date for the Hearing.
[para 5]
5. AND TAKE NOTICE that determinations may be made in this matter if Guerrini, or his counsel, do not appear at the Hearing.
[para 6]
DATED on September 18, 2001.
Steve Wilson
Executive Director