IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended
- and -
IN THE MATTER OF
IRWIN BOOCK, STANTON DEFREITAS, JASON WONG,
SAUDIA ALLIE, ALENA DUBINSKY, ALEX KHODJIAINTS
SELECT AMERICAN TRANSFER CO.,
LEASESMART, INC., ADVANCED GROWING SYSTEMS, INC.,
INTERNATIONAL ENERGY LTD., NUTRIONE CORPORATION,
POCKETOP CORPORATION, ASIA TELECOM LTD.,
PHARM CONTROL LTD., CAMBRIDGE RESOURCES CORPORATION,
COMPUSHARE TRANSFER CORPORATION,
FEDERATED PURCHASER, INC., TCC INDUSTRIES, INC., FIRST NATIONAL
ENTERTAINMENT CORPORATION, WGI HOLDINGS, INC.
and ENERBRITE TECHNOLOGIES GROUP
AMENDED NOTICE OF HEARING
(Section 127 and 127.1)
TAKE NOTICE THAT the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) at the offices of the Commission, 20 Queen Street West, 17th Floor, Large Hearing Room, commencing on February 1, 2012 at 10:00 a.m., or as soon thereafter as the hearing can be held:
AND TAKE NOTICE the purpose of the hearing is to consider whether it is in the public interest for the Commission to make an order:
- pursuant to clause 2 of subsection 127(1), that trading in any securities by Irwin Boock, Stanton DeFreitas, Jason Wong, Saudia Allie, Alena Dubinsky and Alex Khodjiaints (collectively, the “Individual Respondents”) and by Select American Transfer Co. and Compushare Transfer Co. cease permanently or for such other period as specified by the Commission;
- pursuant to clause 2 of subsection 127(1), that trading in the securities of LeaseSmart, Inc., Advanced Growing Systems, Inc., NutriOne Corporation, International Energy Ltd., Pocketop Corporation, Asia Telecom Ltd., Pharm Control Ltd., Cambridge Resources Corporation, WGI Holdings, Inc., Federated Purchaser, Inc., First National Entertainment Corporation, TCC Industries, Inc., Enerbrite Technologies Group Inc. (collectively the “Issuer Respondents”) cease permanently or for such other period as specified by the Commission;
- pursuant to clause 3 of subsection 127(1), that any exemptions contained in Ontario securities law do not apply to the Respondents, or any of them, permanently or for such other period as specified by the Commission;
- pursuant to clause 8 of subsection 127(1), that Irwin Boock, Stanton DeFreitas and Jason Wong be prohibited from becoming or acting as a director or officer of any issuer;
- pursuant to clause 9 of subsection 127(1), that the Individual Respondents, or any of them, pay an administrative penalty of not more than $1 million for each failure to comply with Ontario securities law to the Commission for allocation to or for the benefit of third parties;
- pursuant to clause 10 of subsection 127(1), that the Individual Respondents, or any of them, disgorge to the Commission any amounts obtained as a result of non-compliance with securities law for allocation to or for the benefit of third parties;
- pursuant to subsection 127(10)(3), that an order be made against Irwin Boock, Stanton DeFreitas and Jason Wong under subsection 127(1) or (5);
- pursuant to section 127.1, that the Individual Respondents be ordered to pay the costs of the investigation and the costs of or related to the hearing incurred by or on behalf of the Commission;
- if necessary, pursuant to clause 7 of subsection 127(7), that the temporary orders previously made against the Respondents on May 18, 2007, May 22, 2007, May 30, 2007 and May 5, 2008, as amended and extended from time to time by the Commission, be extended until the conclusion of the hearing; and
- such other order as the Commission may consider appropriate.
BY REASON OF the allegations set out in the Amended Statement of Allegations of Staff dated January 4, 2012 and such additional allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel if that party attends or submits evidence at the hearing;
AND TAKE FURTHER NOTICE that in the event that the Commission determines that any of the Respondents has not complied with Ontario securities law, Staff may request the Commission to consider whether, in the opinion of the Commission, an application should be made to the Superior Court of Justice for a declaration pursuant to section 128(1) of the Act that such persons have not complied with Ontario securities law, and that if such declaration be made, the Superior Court of Justice make such orders pursuant to section 128(3) of the Act as it considers appropriate.
AND TAKE FURTHER NOTICE that upon failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this 5tth day of January, 2012.
Per: John Stevenson
Secretary to the Commission