IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF
GLOBAL CONSULTING AND FINANCIAL SERVICES, GLOBAL CAPITAL GROUP,
CROWN CAPITAL MANAGEMENT CORP., MICHAEL CHOMICA, JAN CHOMICA
and LORNE BANKS
(Subsection 127(1) of the Securities Act)
WHEREAS on March 27, 2013, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 37, 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) accompanied by a Statement of Allegations of Staff of the Commission (“Staff”) dated March 27, 2013 with respect to Global Consulting and Financial Services (“Global Consulting”), Global Capital Group (“Global Capital”), Crown Capital Management Corp. (“Crown Capital”), Michael Chomica (“ Chomica”), Jan Chomica and Lorne Banks (“Banks”);
AND WHEREAS on July 17, 2013, the Commission approved a settlement agreement between Staff and Banks;
AND WHEREAS on August 6, 2013, the Commission approved a settlement agreement between Staff and Global Consulting and Jan Chomica;
AND WHEREAS on September 4, 2013, the Commission granted Staff’s motion for an order to convert the oral hearing on the merits as it related to Chomica, Crown Capital and Global Capital to a written hearing;
AND WHEREAS on September 13, 2013, Staff filed an Amended Statement of Allegations with the Commission;
AND WHEREAS on October 2, 2013, the Commission held a hearing and imposed sanctions on Chomica, pursuant to subsections 37(1), 127(1) and 127(10) of the Act;
AND WHEREAS on October 9, 2013, Staff filed its written submissions in relation to Crown Capital and Global Capital, a Book of Authorities, the Affidavit of Anthony Long sworn October 8, 2013 and the Affidavit of Tia Faerber sworn October 9, 2013;
AND WHEREAS on November 26, 2013, the Commission released its Reasons and Decision on the merits and on sanctions in this matter as it related to Crown Capital and Global Capital (the “Reasons and Decision”);
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED that:
(a) pursuant to paragraph 2 of subsection 127(1) of the Act, that Crown Capital and Global Capital shall permanently cease trading in any securities;
(b) pursuant to paragraph 2.1 of subsection 127(1) of the Act, that Crown Capital and Global Capital shall permanently cease the acquisition of any securities;
(c) pursuant to paragraph 3 of subsection 127(1) of the Act, that any exemptions contained in Ontario securities law shall not apply to Crown Capital and Global Capital permanently; and
(d) pursuant to clause 10 of subsection 127(1) of the Act, that Crown Capital shall disgorge to the Commission the amounts of USD $145,346.50 and CAD $109,426.60, which were obtained as a result of its non-compliance with Ontario securities law, to be designated for allocation or use by the Commission pursuant to subsection 3.4(2)(b) of the Act.
DATED at Toronto this 26th day of November, 2013.
Alan J. Lenczner, Q.C.