Settlements

Michael Tamaki [ Sec. 144 & Agreed Stmt]

BCSECCOM #:
Document Type:
Sec. 144 & Agreed Stmt
Published Date:
1995-12-15
Effective Date:
1995-12-15
Details:


IN THE MATTER OF The Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Michael Tamaki
Order Under Section 144
D.E. Holley
December 12, 1995

      ORDER:-- WHEREAS an Agreed Statement of Facts and Undertaking (the "Agreement") was executed by Michael Tamaki ("Tamaki") and the Superintendent of Brokers (the "Superintendent"), a copy of which is attached hereto as Schedule "A";

      NOW THEREFORE the Superintendent, considering that it would be in the public interest to do so, orders, BY CONSENT, that under section 144(1)(f) of the Securities Act, S.B.C. 1985, c. 83, Tamakis registration be suspended until the later of:

1.
June 8, 1996; or
2.
payment in full of the amount set out in paragraph 3 of the Agreement.
D.E. HOLLEY, Superintendent of Brokers

* * * * *
Schedule "A"
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
AND
IN THE MATTER OF MICHAEL TAMAKI
Agreed Statement of Facts and Undertaking

      The following agreement has been reached between Michael Tamaki and the Superintendent of Brokers:

1.
As the basis for the order in paragraph 2 and undertaking in paragraph 3 of this agreement, Tamaki acknowledges the following facts as correct:
a)
at all material times Tamaki was registered as a securities salesman under the Securities Act, S.B.C. 1985, c. 83 (the "Act");
b)
on November 14, 1994, the British Columbia Securities Commission issued Directions to Freeze Property Under Section 135 (the "Freeze Orders") relating to accounts in which Alexander DiCimbriani ("DiCimbriani") had a beneficial interest;
c)
on November 30, 1994, the Superintendent issued Temporary Orders and Notice of Hearing Under Section 144 (the "Temporary Orders") ordering that:
i)
DiCimbriani cease contravening sections 20 and 35 of the Act; and
ii)
the exemptions described in sections 30 to 32, 55, 58, 80 and 81 of the Act do not apply to DiCimbriani;
d)
during the period from December 1, 1994 to May 26, 1995, Tamaki accepted approximately 80 orders from DiCimbriani for the purchase and sale of securities with an aggregate value of $315,587.68 in an account in the name Edward Michael Wilby (the "Account") which resulted in net commissions payable to Tamaki in the amount of $3,926.47;
e)
no written trading authorization was in effect to allow DiCimbriani to enter orders in the Account, although Tamaki represents that Wilby had verbally authorized Tamaki to accept orders from DiCimbriani in the Account;
f)
at the time that Tamaki accepted the orders in the Account:
i)
Tamaki was aware that the Freeze Orders were in effect;
ii)
since there were no documents evidencing a trading authority over the Account, Tamaki was aware that his firm did not have knowledge of DiCimbrianis control over the Account; and
iii)
despite the knowledge of events described in (i) and (ii), Tamaki failed to make reasonable inquiries concerning the Account, which inquiries would have made him aware of the Temporary Orders;
g)
as a result of Tamakis conduct:
i)
DiCimbriani traded in securities despite the existence of the Temporary Orders; and
ii)
Tamaki accepted orders from DiCimbriani, being a person who did not have written trading authority over the Account;
h)
as a result of the matters referred to in paragraphs (d) to (g) above, Canaccord suspended Tamakis employment as a securities salesman on June 8, 1995.
2.
Tamaki consents to an order by the Superintendent under section 144(1)(f) of the Act that his registration be suspended until the later of:
a)
June 8, 1996; or
b)
payment in full of the amount set out in paragraph 3.
3.
Tamaki consents to pay to the British Columbia Securities Commission the sum of $25,000.
4.
Tamaki waives any right he 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 or the related Order.
      DATED at Vancouver, British Columbia, on December 8, 1995.

H. Roderick Anderson)
Witness Name)
 Anderson & Galati)
 Suite 607 - 808 Nelson Street)
 Vancouver, B.C. V6Z 2H2 )
Address)Michael Tamaki
 Barristers & Solicitors)
Occupation
D.E. HOLLEY, Superintendent of Brokers