Order: In the Matter of Marlon Gary Hibbert et al.

Order






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

- AND -

IN THE MATTER OF MARLON GARY HIBBERT, ASHANTI CORPORATE
SERVICES INC., DOMINION INTERNATIONAL RESOURCE MANAGEMENT
INC., KABASH RESOURCE MANAGEMENT, POWER TO CREATE WEALTH
INC. AND POWER TO CREATE WEALTH INC. (PANAMA)

ORDER
(Sections 127 and 127.1 of Securities Act)



    WHEREAS the Commission found on April 4, 2012 that the respondents engaged in conduct which was contrary to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) and contrary to the public interest;

    AND WHEREAS on August 1 and 13, 2012, the Commission held a hearing with respect to the sanctions and costs to be imposed in this matter;

    AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

    IT IS ORDERED that:

  1. pursuant to s. 127(1)2 of the Act, all trading by the Respondents shall cease permanently;
  2. pursuant to s. 127(1)2.1 of the Act, the acquisition of any securities by the Respondents is prohibited permanently;
  3. pursuant to s. 127(1)3 of the Act, any exemptions contained in Ontario securities law do not apply to the Respondents permanently; (d)
  4. pursuant to s. 127(1)6 of the Act, I hereby reprimand Hibbert for his conduct;
  5. pursuant to s. 127(1)8 of the Act, Hibbert is prohibited from becoming or acting as a director or officer of any issuer permanently;
  6. pursuant to s. 127(1)8.2 of the Act, Hibbert is prohibited from becoming or acting as a director or officer of a registrant permanently;
  7. pursuant to s. 127(1)8.4 of the Act, Hibbert is prohibited from becoming or acting as a director or officer of an investment fund manager permanently;
  8. pursuant to s. 127(1)8.5 of the Act, Hibbert is prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter permanently;
  9. pursuant to s. 127(1)9 of the Act, Hibbert shall pay to the Commission an administrative penalty of $750,000, which is designated for allocation or for use by the Commission pursuant to section 3.4(2)(b) of the Act;
  10. pursuant to s. 127(1)10 of the Act, Hibbert shall disgorge to the Commission the amount of $4,672,779.98, which is designated for allocation or for use by the Commission pursuant to section 3.4(2)(b) of the Act; and
  11. pursuant to s. 127.1 of the Act, the respondents shall pay on a joint and several basis $200,000, representing partial costs and disbursements incurred by the Commission in the investigation and hearing.

Dated at Toronto this 27th day of September, 2012.

 

" James D. Carnwath "
James D. Carnwath, Q.C.