Settlements

Simon Gervaise William Postles [Sec. 144 & Agreed Stmt]

BCSECCOM #:
Document Type:
Sec. 144 & Agreed Stmt
Published Date:
1996-08-30
Effective Date:
1996-08-21
Details:


IN THE MATTER OF The Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Simon Gervaise William Postles
Order Under Section 144
D.E. Holley
August 21, 1996

      ORDER:-- WHEREAS an Agreed Statement of Facts and Undertaking was executed by Simon Gervaise William Postles ("Postles") and the Executive Director, a copy of which is attached hereto as Schedule "A" (the "Agreed Statement");

      NOW THEREFORE the Executive Director, considering that it would be in the public interest to do so, orders, BY CONSENT, that:

1.
under section 144(1)(a) of the Securities Act, S.B.C. 1985, c. 83 (the "Act"), Postles comply with sections 20 and 42 of the Act; and
2.
under section 144(1)(b) of the Act, Postles cease trading in Forex Contracts, as defined in the Agreed Statement, until such time as:
(a)
at least one (1) year has elapsed from July 22, 1996; and
(b)
Postles provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of the Agreed Statement.
D.E. HOLLEY, Executive Director

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

      The following agreement has been reached between Simon Gervaise William Postles ("Postles") and the Executive Director:

1.
As the basis for the orders described in paragraph 2 and undertaking in paragraph 3 of this agreement, Postles acknowledges the following facts as correct:
(a)
during the period from in or about February 1995 to approximately July 1995, Postles provided services as an independent contractor to Goldman Stanley Consultants Inc. ("Goldman Stanley").  Among other things, Postles:
(i)
recruited residents of British Columbia (the "Goldman Stanley Clients") to enter into agreements with foreign exchange contract dealers which allowed them to speculate on the daily fluctuations of exchange rates of foreign currencies by purchasing or selling those currencies on margin (collectively, the "Forex Contracts");
(ii)
provided Goldman Stanley Clients with written customer agreement forms and related documentation and facilitated their execution resulting in Forex Contract trading accounts being opened for the Goldman Stanley Clients;
(iii)
conducted trades in Forex Contracts on behalf of the Goldman Stanley Clients;
(iv)
advised the Goldman Stanley Clients on trading in Forex Contracts; and
(v)
received money from the Goldman Stanley Clients for the purpose of allowing the Goldman Stanley Clients to trade Forex Contracts;
(b)
on or about July 14, 1995, Goldman Stanley represented to the staff of the British Columbia Securities Commission that it had ceased all trading in Forex Contracts and that it had provided written notice to its independent contractors to cease all trading in Forex Contracts;
(c)
subsequent to July 14, 1995, Postles agreed with Ying Leung Chan, a.k.a. Andy Chan ("Chan") who was a principal of Goldman Stanley, to continue to engage in the activities described in paragraph 1(a) as an independent contractor paid by Chan;
(d)
Postles continued to offer residents of British Columbia and Goldman Stanley Clients (the "Peregrine Clients") the opportunity to trade Forex Contracts purportedly with the "Peregrine Group of Companies", a well known  group of companies in Hong Kong which includes companies known as Peregrine Finance Limited and Peregrine Futures Hong Kong Limited ("Peregrine HK");
(e)
Unknown to Postles, the Peregrine Clients' funds were paid to, and trading accounts, if they existed at all, were held or maintained by, Peregrine Finance Ltd. ("Peregrine Alberta") a company incorporated in Alberta which was not related to Peregrine HK;
(f)
on November 8, 1995, the Superintendent of Brokers issued a Notice of Hearing under section 144 of the Securities Act, S.B.C. 1985, c. 83 (the "Act") in which Chan, Goldman Stanley and others were named as respondents;
(g)
on or about November 27, 1995, Postles voluntarily reported to the British Columbia Securities Commission his findings and knowledge of the activities described in paragraphs 1(c) - (e) above;
(h)
on January 3, 1996, the Executive Director issued a Notice of Hearing under section 144 of the Act and Temporary Orders requiring that, among other things, Chan, Postles and certain other independent contractors and Peregrine Alberta:
(i)
comply with and cease contravening sections 20 and 42 of the Act; and
(ii)
cease trading in Forex Contracts;
(i)
Chan, Postles, Goldman Stanley, Peregrine HK and Peregrine Alberta were not registered to trade in securities, referred to in paragraph 1(a)(i) above as Forex Contracts, under section 20 of the Act; and
(j)
no prospectus was filed in respect of the securities, referred to in paragraph 1(a)(i) above as Forex Contracts, as required under section 42 of the Act.
2.
Postles consents to an order (the "Order") by the Executive Director that:
(a)
under section 144(1)(a) of the Act, Postles comply with sections 20 and 42 of the Act;
(b)
under section 144(1)(b) of the Act, Postles cease trading in Forex Contracts until such time as:
(i)
at least one (1) year has elapsed from the date of the Order; and
(ii)
Postles provides payment in full to the British Columbia Securities Commission of the amount set out in paragraph 3 of this agreement.
3.
Postles undertakes to pay the British Columbia Securities Commission the sum of $2,000.
4.
Postles 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 July 20, 1996.
)
Witness Signature   )
)
DONNA L. BOBBETT    )
Name (Please Print) )
)
Simon Gervaise William Postles
1100-865 HORNBY ST. )
Address  VANCOUVER  )
INVESTIGATOR        )
Occupation          )
DATED at Vancouver, British Columbia, on July 22, 1996.