Settlements

William Benton Warke [Sec. 141 & Agreed Stmt]

BCSECCOM #:
Document Type:
Sec. 141 & Agreed Stmt
Published Date:
1993-07-23
Effective Date:
1993-07-21
Details:


IN THE MATTER OF the Securities Act, S.B.C. 1985, chapter 83
AND IN THE MATTER OF William Benton Warke
Order Under Section 144
D.E. Holley
July 21, 1993

   ORDER:--  WHEREAS an Agreed Statement of Facts and Undertaking was executed by William Benton Warke ("Warke") and the Superintendent of Brokers (the "superintendent"), a copy of which is attached as Schedule "A" to this Order;

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

1.
pursuant to section 144(1)(c) of the Securities Act S.B.C. 1985, c. 83 (the "Act"), the exemptions described in sections 30 to 32, 55, 58, 80 and 81 of the Act do not apply to Warke for a period of one year from the date of this order; and
2.
pursuant to section 144(1)(a) of the Act, Warke comply with the provisions of the Act and the Securities Regulation, B.C. Reg. 270/86.
D.E. HOLLEY
Superintendent of Brokers

* * * * *
Schedule "A"
Agreed Statement of Facts and Undertaking

   The following agreement has been reached between William Benton Warke ("Warke"), and the Superintendent of Brokers (the "superintendent"):

1.
As the basis for the undertakings in paragraphs 3 and 4 of this agreement and the order referred to in paragraph 2 of this agreement, Warke acknowledges the following facts as correct:
(a)
Tiffany Resources Inc. ("Tiffany") is a reporting issuer incorporated under the Company Act, R.S.B.C. 1979, c. 59;
(b)
the common shares of Tiffany were listed on the Vancouver Stock Exchange from February 9, 1983 to May 1, 1991;
(c)
the common shares of Tiffany have been subject to a cease trade order since August 15, 1990;
(d)
at all times material to this agreement, Warke was the president and director of Tiffany;
(e)
during the period from February, 1988 to February, 1990, Warke conducted four private transactions involving the sale of a total of 489,047 shares of Tiffany (the "Trades");
(f)
Warke made the Trades without registration and without exemptions from the registration requirements of the Securities Act, S.B.C. 1985, c. 83 (the "Act"), contrary to section 20 of the Act;
(g)
Warke filed insider trading reports which failed to disclose the Trades, contrary to section 70 of the Act; and
(h)
Warke has filed amended insider trading reports disclosing the Trades.
2.
Warke consents to an order of the Superintendent that:
(i)
the exemptions described in sections 30 to 32, 55, 58, 80 and 81 of the Act do not apply to him for a period of one year; and
(ii)
he comply with the provisions of the Act and the Securities Regulation, B.C. Reg. 270/86.
3.
Warke undertakes to complete a course of study satisfactory to the Superintendent concerning the duties and responsibilities of directors and officers by June 30, 1994.
4.
Warke undertakes to pay the sum of $500 to the Minister of Finance and Corporate Relations.
5.
Warke 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.
   DATED at Vancouver, British Columbia, on July 16, 1993.

Witness:

S.D. ANFIELD)
16th Floor, 609 Granville)WILLIAM BENTON WARKE
Vancouver, B.C.)
   DATED at Vancouver, British Columbia, on July 21, 1993.

D.E. HOLLEY