BCSC panel bans former Whistler resident from capital markets for market manipulation

2017/86
November 8, 2017

Vancouver - A British Columbia Securities Commission (BCSC) panel has fined and permanently banned Volkmar Guido Hable from B.C.'s capital markets for market manipulation and submitting false information to the Commission.    

Hable was a Whistler, B.C. resident and the executive vice president of mining and exploration of Samaranta Mining Corporation during the period relevant to the findings.

In June, a BCSC panel found that on February 18, 2013, Hable wrote a letter on behalf of a company called Samarium Group Holding stating Samarium's intention to make a take-over bid for at least 51 per cent of the shares of Samaranta at $.12 per share. Hable was listed as one of Samarium's directors in the letter. Hable also drafted and issued a press release on behalf of Samarium on February 19, 2013, announcing the terms of the offer. Prior to issuing the letter and the press release, Hable had attempted to sell shares of Samaranta at $.02 and $.03 per share with limited success. Hable and his minor children were the beneficial owners of over five million Samaranta shares.

During the trading days of February 20, 21 and 22, 2013, Hable sold all of his Samaranta shares at prices between $.025 and $.055 for total proceeds of approximately $157,000. After all of Hable's shares were sold, Samarium issued a press release withdrawing its take-over bid for the Samaranta shares. The panel found that Hable had carried out a market manipulation in respect of the Samaranta shares.

The panel also found that Hable submitted a fabricated document to a BCSC investigator in response to a request to provide documents that would prove Samarium's financial ability to complete the take-over bid.

In describing the seriousness of Hable's misconduct, the panel stated, "While all market manipulations involve an element of deceit, the form of market manipulation carried out by Hable was particularly cynical and designed to deceive public investors."

Hable has been ordered to resign any position he holds as, and is permanently prohibited from becoming or acting as, a director or officer of any issuer or registrant. The panel also ordered that Hable be permanently banned from trading in or purchasing any securities or exchange contracts, becoming or acting as a registrant or promoter, acting in a management or consultative capacity in connection with activities in the securities market, and engaging in investor relations activities.

He has also been ordered to pay to the Commission a disgorgement of $157,596.96 and an administrative penalty of $400,000.

You may view the sanctions decision on our website, www.bcsc.bc.ca, by typing Volkmar Guido Hable or 2017 BCSECCOM 340 in the search box. Information about disciplinary proceedings can be found in the Enforcement section of the BCSC website.

Please visit the Canadian Securities Administrators' (CSA) Disciplined List for information relating to persons and companies disciplined by provincial securities regulators, the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA).

About the British Columbia Securities Commission ( www.bcsc.bc.ca )

The British Columbia Securities Commission is the independent provincial government agency responsible for regulating capital markets in British Columbia through the administration of the Securities Act. Our mission is to protect and promote the public interest by fostering:

  • A securities market that is fair and warrants public confidence
  • A dynamic and competitive securities industry that provides investment opportunities and access to capital

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Media Contact:
Alison Walker
604-899-6713

Public inquiries:
604-899-6854 or 1-800-373-6393 (toll free)
inquiries@bcsc.bc.ca

Learn how to protect yourself and become a more informed investor at www.investright.org

 


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