Notices of Hearing & Temporary Orders

MARC PAUL CRIMENI [Temporary Order and Notice of Hearing]

BCSECCOM #:
Document Type:
Temporary Order and Notice of Hearing
Published Date:
1997-08-01
Effective Date:
1997-07-28
Details:


IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418

AND

IN THE MATTER OF MARC PAUL CRIMENI


Temporary Order and Notice of Hearing Under Section 161


WHEREAS it appears to the Executive Director that:

1. Marc Paul Crimeni (“Crimeni”) is, and was at all material times, a resident of British Columbia;

2. Boswell International Technologies Inc. (“Boswell”) is, and was at all material times, a reporting issuer and its common shares were listed on the Vancouver Stock Exchange;

3. on or about April 22, 1995, an Information was laid in Vancouver Provincial Court charging Crimeni with one count of unlawfully cultivating marijuana, contrary to section 6(1) of the Criminal Code and one count of unlawfully possessing a narcotic, i.e., marijuana for the purpose of trafficking, contrary to section 4(2) of the Narcotic Control Act (collectively, the “Drug Charges”);

4. on or about June 9, 1995, an Information was laid in Vancouver Provincial Court charging Crimeni with one count of storing a firearm, i.e., a .357 Magnum handgun, in a manner contrary to paragraph 6 of the Storage, Display, Handling and Transportation of Certain Firearms Regulations made under paragraph 116(g) and contrary to section 86(3)(a) of the Criminal Code and one count of unlawfully possessing a prohibited weapon, i.e., a .357 Magnum handgun, contrary to section 90(1) of the Criminal Code (collectively, the “Weapons Charges”);

5. on or about September 18, 1995, a Consent to Act as a Director was signed by Crimeni and, on or about September 19, 1995, Boswell issued a news release announcing the appointment of Crimeni as a director of Boswell;

6. on or about September 22, 1995, Crimeni completed a Form 4B as a director of Boswell, sworn under oath before a notary public and the Form 4B was filed with the British Columbia Securities Commission (the “Commission”) on or about October 2, 1995;

7. in response to question 8B of the Form 4B, “Are you the subject of a current charge, indictment or proceeding for an offence?”, Crimeni indicated “No” even though the Drug Charges and Weapons Charges remained outstanding;

8. on or about November 8, 1995, an Information was laid in Vancouver Provincial Court charging Crimeni with two additional counts of weapons offences contrary to the Criminal Code;

9. on or about November 16, 1995, the Crown entered a stay of proceedings with respect to the Drug Charges;

10. on or about January 8, 1996, Crimeni pleaded guilty to one count of storing a firearm, i.e., a .357 Magnum handgun, in a manner contrary to paragraph 6 of the Storage, Display, Handling and Transportation of Certain Firearms Regulations made under paragraph 116(g) and contrary to section 86(3)(a) of the Criminal Code and was sentenced to a conditional discharge, six months probation and forfeiture of certain of the weapons;

11. on or about January 30, 1996, as a result of a routine record check, the Commission was advised by the Royal Canadian Mounted Police of the existence of the Weapons Charges;

12. on or about February 8, 1996, as a result of a routine record check, the Commission was advised by the Department of Justice of the existence of the Drug Charges;

13. on or about October 26, 1995, Boswell filed with the Commission a Form 20 Report of Exempt Distribution indicating that on October 20, 1995, Boswell made a distribution of 200,000 of its shares, at a price of $0.19 per share, to Crimeni pursuant to the exemption contained in section 55(2)(9) of the Securities Act, S.B.C. 1985, c. 83 (the “Former Act”), now section 74(2)(9) of the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”); and

14. as a result of the above, Crimeni made a statement in a record required to be filed, provided, delivered or sent under the Act that, at the time, and in light of the circumstances under which it was made, was a misrepresentation, contrary to section 138(1)(c) of the Former Act, now section 155(1)(c) of the Act;

AND WHEREAS the Executive Director considers that the length of time to hold a hearing under section 161(1) of the Act could be prejudicial to the public interest.

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

1. any or all of the exemptions described in sections 44 to 47, 74, 75, 98 or 99 of the Act do not apply to Crimeni; and

2. Crimeni resign any position that he holds as a director or officer of a reporting issuer;

3. Crimeni be prohibited from becoming or acting as a director or officer of any reporting issuer; and

4. Crimeni be prohibited from engaging in investor relations activities

pursuant to section 161(2) of the Act (the “Temporary Order”);

AND TAKE NOTICE that a hearing will be commenced before the Commission at the 7th Floor Hearing Room, 865 Hornby Street, Vancouver, British Columbia, on August 12, 1997, at 10:00 a.m. (the “Hearing”) to consider the Temporary Order;

AND TAKE NOTICE that at the Hearing, Staff will bring the following applications:

1. any or all of the exemptions described in sections 44 to 47, 74, 75, 98 or 99 of the Act do not apply to Crimeni, pursuant to section 161(1)(b) of the Act;

2. Crimeni be prohibited from becoming or acting as a director or officer of any reporting issuer and that Crimeni be prohibited from engaging in investor relations activities, pursuant to section 161(1)(d) of the Act;

3. Crimeni pay an administrative penalty, pursuant to section 162 of the Act;

4. Crimeni pay prescribed fees or charges for the costs of or related to the Hearing, pursuant to section 174 of the Act; and

5. the Commission make any further order or orders as may be appropriate in the circumstances;

AND TAKE NOTICE that Crimeni may be represented by counsel at the Hearing and may make representations and lead evidence. Crimeni is requested to advise the Commission of his intention to attend by contacting the Secretary of the Commission at 1200 - 865 Hornby Street, Vancouver, British Columbia, V6Z 2H4;

AND TAKE NOTICE that determinations may be made in this matter if Crimeni or his counsel does not appear at the Hearing.


DATED at Vancouver, British Columbia, on July 28, 1997.






Paul C. Bourque
Executive Director
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