Amended Notice of Hearing: In the Matter of Sandy Winick et al.

Notice of Hearing






IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5 as amended

- and -

IN THE MATTER OF
SANDY WINICK, ANDREA LEE MCCARTHY,
KOLT CURRY, LAURA MATEYAK, GREGORY J. CURRY,
AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., LIQUID GOLD INTERNATIONAL CORP.,
(aka LIQUID GOLD INTERNATIONAL INC.)
and NANOTECH INDUSTRIES INC.

AMENDED NOTICE OF HEARING
(Section 127)



    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”), which, pursuant to the Commission’s order of October 17, 2012, shall take place in writing, commencing November 30, 2012;

    TO CONSIDER whether, it is in the public interest for the Commission:

(a) to make an order pursuant to section 127(1) clause 2 of the Act that trading in securities by the Respondents cease permanently or for such period as specified by the Commission;

(b) to make an order pursuant to section 127(1) clause 2.1 of the Act that acquisition of any securities by the Respondents be prohibited permanently or for such period as is specified by the Commission;

(c) to make an order pursuant to subsection 127(1) clause 3 of the Act that any exemptions in Ontario securities law do not apply to the Respondents permanently or for such period as specified by the Commission;

(d) to make an order pursuant to section 127(1) clause 6 of the Act that the individual Respondents be reprimanded;

(e) to make an order pursuant to section 127(1) clause 7 of the Act that the individual Respondents resign any position that the Respondents hold as a director or officer of an issuer;

(f) to make an order pursuant to section 127(1) clause 8 of the Act that the individual Respondents be prohibited from becoming or acting as an officer or director of any issuer permanently or for such period as specified by the Commission;

(g) to make an order pursuant to section 127(1) clause 8.5 of the Act that the individual Respondents be prohibited from becoming or acting as an a registrant, an investment fund manager or as a promoter, permanently or for such period as specified by the Commission;

(h) to make an order pursuant to section 127(1) clause 9 of the Act that the Respondents each pay an administrative penalty of not more than $1 million for each failure by the Respondents to comply with Ontario securities law;

(i) to make an order pursuant to section 127(1) clause 10 of the Act that the Respondents disgorge to the Commission any amounts obtained as a result of the non-compliance with Ontario securities law;

(j) to make an order pursuant to section 127.1 of the Act that the Respondents, or any of them, pay the costs of Staff's investigation and the costs of, or related to, this proceeding, incurred by or on behalf of the Commission; and,

(k) to make such other order or orders as the Commission considers appropriate.

    BY REASON of the allegations set out in the Amended Statement of Allegations of Staff, dated November 2, 2012, and such additional allegations as counsel may advise and the Commission may permit;

    AND FURTHER TAKE NOTICE that any party to the proceeding may be represented by counsel if that party attends or submits evidence at the hearing;

    AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place, or to submit materials in writing, the hearing may proceed in the absence of the party and such party is not entitled to any further notice of the proceeding;

    AND FURTHER TAKE NOTICE that pursuant to the Commission’s order of October 17, 2012, the Hearing on the Merits shall proceed as a written hearing, in accordance with the following schedule:

(1) Staff shall file evidentiary briefs in the form of affidavits, as well as written submissions on the relevant facts and law, with the Secretary’s Office no later than November 30, 2012;

(2) The Respondents shall file any responding materials by January 11, 2013;

(3) Staff shall file any reply submissions or evidence by January 25, 2013; and,

(4) Staff and any participating Respondents will attend at a date appointed by the panel after January 25, 2013, to answer questions, make submissions or make any necessary witnesses available for cross-examination.

    DATED at Toronto this 2nd day of November, 2012.

 

" John Stevenson "
John Stevenson
Secretary to the Commission

 

TO:  Sandy Winick

Andrea McCarthy

Kolt Curry

Laura Mateyak

Gregory J. Curry

American Heritage Stock Transfer Inc.

American Heritage Stock Transfer, Inc.

BFM Industries Inc.

Liquid Gold International Corp.

Nanotech Industries Inc.