MUTUAL FUND DEALERS ASSOCIATION OF CANADA RE: SHAWN SANDINK DISCIPLINARY HEARING. Hearing: June 22, 2006 Decision: July 19, DECISION and REASONS

Similar documents
REASONS FOR DECISION

MUTUAL FUND DEALERS ASSOCIATION OF CANADA DISCIPLINARY HEARING

THE PURPOSE OF THE HEARING

(1) Misappropriated funds in the amount of $150,000 from the account of the N.B.O.

Re Klemke. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC)

RE: WARREN J. McCAFFREY NOTICE OF HEARING

IN THE MATTER OF DISCIPLINARY PROCEEDINGS INITIATED BY THE INVESTMENT DEALERS ASSOCIATION OF CANADA. Re: ESTHER INGLIS DECISION AND REASONS

RE: MAURICE GUY BRAZEAU

IN THE MATTER OF THE BY-LAWS OF THE INVESTMENT DEALERS ASSOCIATION OF CANADA. Re: KELLY JOHN CAMPBELL HUSKY

Re Jones. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC)

THE PURPOSE OF THE HEARING

RE: Paul Joseph PALIOTTI NOTICE OF HEARING

Re Lewis. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC) 2016 IIROC 01

IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re Nieswandt REASONS FOR DECISION

2. The Enforcement Department of IIROC has conducted an investigation ( the Investigation ) in the conduct of Shaun Wayne Howell.

Re Gebert REASONS AND DECISION

NOTICE OF HEARING INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA IN THE MATTER OF: THE DEALER MEMBER RULES OF THE HENRY COLE

Re Industrial Alliance Securities

THE PURPOSE OF THE HEARING

IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

SETTLEMENT AGREEMENT

REASONS FOR DECISION

Re Toh. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC)

IN THE MATTER OF DISCIPLINARY PROCEEDINGS INITIATED BY THE INVESTMENT DEALERS ASSOCIATION OF CANADA

RE: ROCHE SECURITIES LIMITED and FRANCIS ROCHE

INVESTMENT DEALERS ASSOCIATION OF CANADA

IN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, c. S.5, AS AMENDED -AND- IN THE MATTER OF MARK STEVEN ROTSTEIN AND EQUILIBRIUM PARTNERS INC.

Discipline Penalties Imposed on Michael Joseph Puccini; Violations of By-laws 29.1 and 19.5

NOTICE OF HEARING INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

2. The Enforcement Department of IIROC has conducted an investigation ( the Investigation ) in the Respondent s conduct.

Re Watts DECISION AND REASONS

ON BEHALF OF. TAKE FURTHER NOTICE that pursuant to Rule 6.2 of IIROC s Rules of Practice and Procedure, that the hearing shall be designated on the:

IN THE MATTER OF THE SECURITIES ACT, RSO 1990, c S.5 - AND -

Re Richardson. The By-Laws of the Investment Dealers Association of Canada

Re National Bank Direct Brokerage Inc. Decision

The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada

REASONS FOR DECISION

JEREMY NICHOLAS DREW AUSTIN

2. IIROC s Enforcement Department has conducted an investigation into Mackie s conduct (the Investigation ).

DECISION OF THE PROFESSIONAL CONDUCT TRIBUNAL

THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA STATEMENT OF ALLEGATIONS

NOTICE OF HEARING INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

THE PURPOSE OF THE HEARING

RE: HUGH DAMIAN BAGNELL NOTICE OF HEARING IN THE MATTER OF A DISCIPLINE HEARING PURSUANT TO BY-LAW 20

Re Mendelman REASONS FOR ACCEPTANCE OF SETTLEMENT

RE: JOHN CRAIG DUNN NOTICE OF HEARING IN THE MATTER OF A DISCIPLINE HEARING PURSUANT TO BY-LAW 20

2. The Enforcement Department of IIROC has conducted an investigation (the Investigation ) into Cole s conduct.

CHARTERED PROFESSIONAL ACCOUNTANTS OF ONTARIO THE CERTIFIED GENERAL ACCOUNTANTS ASSOCIATION OF ONTARIO CERTIFIED GENERAL ACCOUNTANTS ACT, 2010

NOTICE OF HEARING INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA IN THE MATTER OF: THE BY-LAWS OF THE INVESTMENT DEALERS ASSOCIATION OF CANADA

ORGANIZATION OF CANADA

Re Elue. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada ( IIROC ) 2014 IIROC 39

Self-Regulatory Standards and Enforcement Practices

Re Silvaggio 2011 IIROC 63. Investment Industry Regulatory Organization of Canada Hearing Panel (Québec District Council)

IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

IN THE MATTER OF DISCIPLINE PURSUANT TO BY-LAW 20 OF THE INVESTMENT DEALERS ASSOCIATION OF CANADA RE: STEVEN RODNEY JESKE SETTLEMENT AGREEMENT

2011 BCSECCOM 197. Mutual Fund Dealers Association of Canada Tony Tung-Yuan Lin. Section 28 of the Securities Act, RSBC 1996, c.

TAKE FURTHER NOTICE that pursuant to Rule 6.2 of the Dealer Member Rules of Practice and Procedure, that the hearing shall be designated on the:

TAKE FURTHER NOTICE that pursuant to Rule 6.2 of the Dealer Member Rules of Practice and Procedure, that the hearing shall be designated on the:

11 ROC OCRCVM nov o2 2017

SETTLEMENT AGREEMENT

INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

INVESTMENT DEALERS ASSOCIATION OF CANADA

Phone: Web site: Fax:

IN THE MATTER OF THE UNIVERSAL MARKET INTEGRITY RULES AND IN THE MATTER OF ZOLTAN HORCSOK OFFER OF SETTLEMENT

THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

Re Suleiman DECISION AND REASONS

Re Tersigni REASONS FOR DECISION RENDERED AT THE CONCLUSION OF THE HEARING

AMENDED NOTICE OF HEARING

JAMES ALEXANDER MOON, MICHAEL EDWARD COMEAU AND MITCHELL TORCH

AGREED STATEMENT OF FACTS

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF ONTARIO THE CHARTERED ACCOUNTANTS ACT, 1956 DISCIPLINE COMMITTEE

DISCIPLINE CASE DIGEST

MUTUAL FUND DEALERS ASSOCIATION OF CANADA/ ASSOCIATION CANADIENNE DES COURTIERS DE FONDS MUTUELS RULES

IN THE MATTER OF DISCIPLINE PROCEEDINGS PURSUANT TO BY-LAW 20 OF THE INVESTMENT DEALERS ASSOCIATION OF CANADA RE: GUS ANASTASIO DIMAS

NASD OFFICE OF HEARING OFFICERS

Welsh Triathlon. Whistle Blowing Policy

Admission to Discipline Committee MIMI MANKIU LUK AGREED STATEMENT OF FACTS

Re Pan. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC)

Re Dunn & Wimble. The Rules of the Investment Industry Regulatory Organization of Canada (IIROC) Thomas William Dunn and Gordon Joseph Wimble

Re Smith. The Dealer Member Rules of the Investment Industry Regulatory Organization of Canada (IIROC)

THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA SETTLEMENT AGREEMENT PART I INTRODUCTION

JULY 15, Dear Sirs/Mesdames:

IN THE MATTER OF THE SECURITIES ACT, RSO 1990, c S.5 - AND - IN THE MATTER OF ROBERT BRUCE RUSH AND BREAKTHROUGH FINANCIAL INC.

IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

bar counsel repor t In Re: BRANDON L. PHILLIPS Bar No.: Case No.: OBC Filed: August 8, 2017 LETTER OF REPRIMAND

TAKE FURTHER NOTICE that, pursuant to Rule 6.2 of the Dealer Member Rules of Practice and Procedure, the hearing shall be designated on the:

NOTICE OF HEARING INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA THE RULES OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA

2. IIROC s Enforcement Department has conducted an investigation (the Investigation ) into the Respondents conduct.

Re Assante Capital Management REASONS FOR DECISION

CHARTERED PROFESSIONAL ACCOUNTANTS OF ONTARIO (THE INSTITUTE OF CHARTERED ACCOUNTANTS OF ONTARIO) CHARTERED ACCOUNTANTS ACT, 2010 DISCIPLINE COMMITTEE

INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA NOTICE OF HEARING IN THE MATTER OF: THE BY-LAWS OF THE INVESTMENT DEALERS ASSOCIATION OF CANADA

SETTLEMENT AGREEMENT

Re Dariotis and Fiumidinisi

RE: EDWARD PAUY KIM ING NOTICE OF HEARING I. BACKGROUND IN THE MATTER OF A DISCIPLINE HEARING PURSUANT TO BY-LAW 20

IN THE MATTER OF THE LEGAL PROFESSION ACT AND IN THE MATTER OF A HEARING REGARDING THE CONDUCT OF PAUL S. MULLEN, A MEMBER OF THE LAW SOCIETY

Decision on Settlement Agreement

THE LAW SOCIETY OF ALBERTA IN THE MATTER OF THE LEGAL PROFESSION ACT AND

Re IPC Securities REASONS FOR DECISION

Transcription:

Decision and Reasons File No. 200602 MUTUAL FUND DEALERS ASSOCIATION OF CANADA IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 and 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA RE: SHAWN SANDINK DISCIPLINARY HEARING Hearing: June 22, 2006 Decision: July 19, 2006 DECISION and REASONS Hearing Panel of the Ontario Regional Council: The Hon. Fred Kaufman, C.M., Q.C. Robert Hovianseian Paul Griffin Chair Industry Representative Industry Representative Appearances: Robert DelFrate ) for the Mutual Fund Dealers Association ) of Canada Shawn Sandink ) in attendance personally )

Decision As set out in the Notice of Hearing, the Respondent, Shawn Sandink, was accused of conduct contrary to the By-laws, Rules or Policies of the MFDA and, more particularly, that, between January 1999 and August 2003, he misappropriated $34,250 from one of his mutual fund clients, thereby failing to deal fairly, honestly and in good faith with his client and engaging in business conduct that was unbecoming and detrimental to the public interest, contrary to MFDA Rule 2.1.1. The facts, as stated in the Agreed Statement of Facts, are as follows: Registration History 6. From December 1996 to December 2004, the Respondent was registered in Ontario as a mutual fund salesperson for PFSL Investments Canada Ltd. ("PFSL"). PFSL became a Member of the MFDA on January 31, 2002. 7. On December 31, 2004, the Respondent was terminated by PFSL. He is not currently registered in the securities industry in any capacity. The Respondent's Conduct 8. As described in greater detail below, between January 27, 1999 and August 20, 2003, the Respondent misappropriated approximately $34,250.00 from a mutual fund client. 9. In 1998, the Respondent opened an account for JY. Between 1998 and 2001, JY deposited $140,000 into the Trimark Interest Fund (the "Trimark Fund"). The Trimark Fund allows clients to have cheque writing redemption privileges. JY made regular withdrawals from the Trimark Fund by this means. Page 2 of 5

10. As set out in the table below, between January 1999 and August 2003, the Respondent, without JY's knowledge or consent, forged ten cheques on the Trimark Fund, totaling $34,250, payable to the benefit of the Respondent or the Respondent and his wife. Each of these cheques was deposited into the Respondent's or the Respondent and his wife's bank account. Date Amount Cheque Payable To January 27, 1999 $10,600 Shawn and Sharon Sandink April 6, 1999 $3,000 Shawn Sandink April 15, 1999 $5,000 Shawn Sandink May 20, 1999 $5,000 Shawn Sandink July 25, 1999 $500 Shawn Sandink August 13, 2002 $2,500 Shawn Sandink September 21, 2002 $1,500 Shawn Sandink May 25, 2003 $2,000 Shawn Sandink July 25, 2003 $2,150 Shawn Sandink August 20, 2003 $2,000 Total $34,250 Shawn Sandink 11. In order to conceal his conduct, the Respondent listed the client address for JY on the account documentation in respect of JY's investment in the Trimark Fund as 202 Huron St., Woodstock ON, N4S 7A1. This is the address of the PFSL sub-branch office at which the Respondent worked. As a result, all of JY's account statements in respect of the Trimark Fund were sent to this address and JY was unaware of the unauthorized withdrawals. 12. In 1999, the Respondent relocated from the sub-branch office at 202 Huron St. to the PFSL branch office located at 30 Metcalfe St., Woodstock On, N4S 3E7. On June 14, Page 3 of 5

1999, the Respondent directed his assistant to change the address on JY's account to 30 Metcalfe St. 13. In 1999, the Respondent told JY that he was going to use $24,000, more or less, from the Trimark Fund to purchase gold options on JY's behalf. The Respondent never purchased the gold options. The Respondent later told JY that the gold options had expired on a fictitious strike date and were worthless. The Respondent fabricated this story in order to conceal the misappropriation. 14. In May 2005, PFSL commenced an investigation of the Respondent in response to a complaint made by JY. The Respondent admitted to the misconduct. In November 2005, PFSL compensated JY for losses attributable to the Respondent's conduct. 15. The Respondent has not repaid any of the misappropriated funds. It is clear from the above that the offence alleged was, in fact, committed, and that the Respondent has violated MFDA Rule 2.1.1. That established, the parties were invited to speak to the penalty. Enforcement counsel stressed the gravity of the offence, the course of the Respondent s conduct over a long period of time, the harm to investors which conduct of this type occasions, the damage to market integrity, the personal benefit to the Respondent, and the aggravating factor of concealment by listing an incorrect address in order to divert statements away from his client. On the other hand, this was the Respondent s first offence. Once discovered, he cooperated fully with MFDA staff, and in his Reply, as well as at the hearing, he conveyed his remorse to his client and to the the MFDA. He is married and has three young children. Page 4 of 5

As was said on previous occasions, the duty to deal fairly, honestly and in good faith with clients is a fundamental requirement for everyone engaged in the industry, and any breach of the Rules must be punished severely. Previous cases suggest that a permanent prohibition should be imposed in cases of this kind. They also suggest that fine be imposed, as well as an amount for costs. We propose to take this course. We note that part of the Respondent s misappropriation occurred before the MFDA acquired jurisdiction. But, as was said in Re Crackower (2005, MFDA Case No. 200506), when a Respondent s illegal activities were in existence at the time of his membership and continued thereafter, the entire amount can be taken into consideration, and we will do so. In the result, the sanctions imposed, and announced at the conclusion of the hearing, were as follows: 1. A permanent prohibition on the authority of the Respondent to engage in any securities related business in any capacity; 2. A fine in the amount of $35,000.00; and 3. Costs in the amount of $2,500.00. Given at Toronto, Ontario, this 19 th day of July, 2006. Fred Kaufman The Hon. Fred Kaufman, C.M., Q.C. Robert Hovianseian Robert Hovianseian, Industry Representative Paul Griffin Paul Griffin, Industry Representative Doc 87716 Page 5 of 5