Order: In the Matter of Rodney International et al.

Order



IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED

AND

IN THE MATTER OF RODNEY INTERNATIONAL,
CHOEUN CHHEAN (ALSO KNOWN AS PAULETTE C. CHHEAN) AND
MICHAEL A. GITTENS (ALSO KNOWN AS ALEXANDER M. GITTENS)

ORDER
(Subsection 127(7) of the Securities Act)



      WHEREAS on June 4, 2008, the Ontario Securities Commission (the “Commission”) made an order pursuant to subsections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5, as amended, in respect of Rodney International (“Rodney”), Choeun Chhean (also known as Paulette C. Chhean) (“Chhean”) and Michael A. Gittens (also known as Alexander M. Gittens) (“Gittens”) (collectively, the “Respondents”) that all trading by the Respondents shall cease and that the exemptions contained in Ontario securities law do not apply to the Respondents (the “Temporary Order”);

      AND WHEREAS on June 5, 2008, the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order to be held on June 17, 2008 at 2:00 p.m.;

      AND WHEREAS on June 5, 2008, the Commission issued a Statement of Allegations with respect to the Respondents in this matter;

      AND WHEREAS Staff of the Commission (“Staff”) attended before the Commission on June 17, 2008 and made submissions, no one appearing for the Respondents;

      AND WHEREAS Staff made reasonable effort to serve Gittens with a certified copy of the Temporary Order and the Notice of Hearing at his last known address;

      AND WHEREAS Staff delivered a certified copy of the Temporary Order and the Notice of Hearing to the mailing address of Rodney, thereby effecting service on Rodney and Chhean;

      AND WHEREAS on June 17, 2008 the Commission ordered that the Temporary Order be continued until August 6, 2008 and the hearing of this matter be adjourned to August 5, 2008 at 2:30 p.m.;

      AND WHEREAS Staff attended before the Commission on August 5, 2008 and made submissions, no one appearing for the Respondents;

      AND WHEREAS on August 5, 2008 the Commission ordered that the Temporary Order be continued until September 5, 2008 and the hearing of this matter be adjourned to September 4, 2008 at 1:00 p.m.;

      AND WHEREAS Staff served Gittens with a certified copy of the Notice of Hearing, the Statement of Allegations, and the Order dated August 5, 2008;

      AND WHEREAS Staff attended before the Commission on September 4, 2008 and made submissions, no one appearing for the Respondents;

      AND WHEREAS on September 4, 2008, the Commission ordered that the Temporary Order be continued until September 19, 2008 and the hearing of this matter be adjourned to September 18, 2008 for a hearing on the merits;

      AND WHEREAS the Commission is satisfied that Gittens received notice of the hearing on the merits and notified Staff that he would not attend;

      AND WHEREAS Staff has filed a Notice of Withdrawal in respect of the allegations against Chhean;

      AND WHEREAS on September 18, 2008, the hearing on the merits was held, and the Commission heard the evidence and submissions of Staff, no one appearing for Rodney or Gittens;

      IT IS ORDERED that:
  1. the Respondents Gittens and Rodney breached subsections 25(1) and 53(1) of the Act and acted contrary to the public interest;
  2. within ten days of the release of the written reasons for paragraph 1 of this Order, the parties shall contact the Office of the Secretary to schedule a sanctions hearing, failing which, a date for a sanctions hearing will be set by the Office of the Secretary; and
  3. the Temporary Order is continued until the release of the sanctions decision.
DATED at Toronto this 27th day of October, 2008


“Wendell S. Wigle”
Wendell S. Wigle, QC
“Suresh Thakrar”
Suresh Thakrar