Decisions

Alan Braun, Jerry Braun, Steven Maxwell (aka Steven Fassman), Braun Developments (B.C.) Ltd., 8022275 Canada Inc. and 0985812 B.C. Ltd. (dba TerraCorp Investment Ltd.) [Decision]

BCSECCOM #:
2019 BCSECCOM 65
Document Type:
Decision
Published Date:
2019-02-19
Effective Date:
2019-02-19
Details:

2019 BCSECCOM 65

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Alan Braun, Jerry Braun, Steven Maxwell (aka Steven Fassman),

Braun Developments (B.C.) Ltd., 8022275 Canada Inc. and

0985812 B.C. Ltd. (dba TerraCorp Investment Ltd.)

 

Panel

Nigel P. Cave

Vice Chair

 

Audrey T. Ho

Commissioner

 

Don Rowlatt

Commissioner

 

 

 

Hearing Date

January 31, 2019

 

 

 

Submissions Completed

January 31, 2019

 

 

 

 

Decision Date

February 19, 2019

 

 

 

 

Appearing

 

 

James Torrance

For the Executive Director

 

 

 

 

Patrick J. Sullivan

For Alan Braun

 

 

Owais Ahmed

For Jerry Braun

Decision

I.     Introduction

  1. This is the sanctions portion of a hearing under sections 161(1) and 162 of the Securities Act, RSBC 1996, c. 418.  The Findings of this panel on liability made on October 24, 2018 (2018 BCSECCOM 332) are part of this decision.

  2. We found that each of Alan Braun, Jerry Braun, Steven Maxwell, Braun Developments (B.C.) Ltd., 8022275 Canada Inc. and 0985812 B.C. Ltd. (dba TerraCorp Investment Ltd.) contravened section 57(b) of the Act in the following manner:

    a) Alan contravened section 57(b) with respect to three investments by two investors in the amount of $450,000;

    b) Jerry contravened section 57(b) with respect to three investments by two investors in the amount of $450,000;

    c) Maxwell contravened section 57(b) with respect to three investments by two investors in the amount of $450,000;

    d) Braun Developments contravened section 57(b) with respect to three investments by two investors in the amount of $450,000;

    e) 275 Inc. contravened section 57(b) with respect to three investments by two investors in the amount of $450,000;

    f) TerraCorp contravened section 57(b) with respect to two investments by one investor in the amount of $300,000;

    g) Alan and Jerry are liable under section 168.2 of the Act with respect to each of Braun Developments' and TerraCorp's respective contraventions of section 57(b); and

    h) Maxwell is liable under section 168.2 with respect to 275 Inc.'s contraventions of section 57(b).

  3. The executive director filed an affidavit and provided written and oral submissions on the appropriate sanctions in this case.  Counsel for Alan and Jerry provided written and oral submissions on the appropriate sanctions in this case and Jerry provided an affidavit.  Although they were provided with notice of this hearing, none of the other respondents attended the hearing, filed any evidence or provided any written or oral submissions on sanctions.
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