Temporary Order: In the Matter of American Heritage Stock Transfer Inc. et al.

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

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IN THE MATTER OF
AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., DENVER GARDNER INC.,
SANDY WINICK, ANDREA LEE MCCARTHY,
KOLT CURRY AND LAURA MATEYAK

TEMPORARY ORDER
Sections 127(1) and 127(5)

 

 

WHEREAS it appears to the Ontario Securities Commission (the “Commission”) that:

 

 

  1. American Heritage Stock Transfer, Inc. (AHST Nevada”) is a Nevada corporation with its status presently listed as “revoked” and with a business address in Ontario;
  2. American Heritage Stock Transfer Inc. (“AHST Ontario”) is an Ontario corporation;
  3. BFM Industries Inc. (“BFM”) is an Ontario corporation registered to the home of McCarthy and Winick;
  4. Denver Gardner Inc. (“Denver Gardner”) holds itself out to be an investment bank operating out of Singapore;
  5. Nanotech Industries Inc. (“Nanotech”), is an inactive company incorporated in the State of Wyoming;
  6. Sandy Winick (“Winick”) is an Ontario resident;
  7. Andrea Lee McCarthy (“McCarthy”) is an Ontario resident and the sole Director of BFM;
  8. Kolt Curry (“Curry”) is an Ontario resident and a Director, the Secretary and the Treasurer of AHST Nevada, and a Director of AHST Ontario;
  9. Laura Mateyak (“Mateyak”) is an Ontario resident and the President, Secretary, Treasurer and General Manager of AHST Ontario;
  10. Winick, McCarthy, Denver Gardner and BFM may be trading and distributing BFM’s securities from Ontario to investors outside of Canada;
  11. Winick, McCarthy, Curry, Mateyakm, AHST Nevada, AHST Ontario may be committing acts in furtherance of the trading and distribution of Nanotech’s securities from Ontario to investors outside of Canada;
  12. Prospectus receipts have not been issued for either BFM’s or Nanotech’s securities, contrary to s. 53 of the Securities Act, R.S.O., c. S.5, as amended (the “Act”);
  13. None of Winick, McCarthy, Curry, Denver Gardner, Mateyak, AHST Nevada, AHST Ontario and BFM are registered to trade in securities or enjoy an applicable trading exemption, in breach of s. 25 of the Act;
  14. Winick, McCarthy and BFM may be disposing of funds raised from their trading and distribution of BFM’s securities on personal expenses and not company business, contrary to s. 126.1 of the Act;
  15. AHST Nevada, AHST Ontario, McCarthy, Winick, Mateyak and Curry may be attempting to engage in an “advance fee” scheme in relation to the shares of Nanotech; and,
  16. Staff are continuing to investigate the conduct described above.

AND WHEREAS the Commission is of the opinion that the time required to conclude a hearing could be prejudicial to the public interest as set out in s. 127(5) of the Act;

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

IT IS ORDERED that pursuant to clause 2 of subsection 127(1) of the Act, that:

  1. trading in the securities of BFM shall cease;
  2. all trading by and in the securities of AHST Nevada shall cease;
  3. all trading by and in the securities of AHST Ontario shall cease;
  4. all trading by and in the securities of Denver Gardner shall cease;
  5. all trading by Winick shall cease;
  6. all trading by McCarthy shall cease;
  7. all trading by Curry shall cease; and,
  8. all trading by Mateyak shall cease.

IT IS FURTHER ORDERED that pursuant to clause 3 of subsection 127(1) of the Act, that any exemptions contained in Ontario securities law do not apply to any of the Respondents; and

IT IS FURTHER ORDERED that pursuant to subsection 127(6) of the Act, this Order shall take effect immediately and shall expire on the 15th day after its making unless extended by Order of the Commission.

 

DATED at Toronto this 1st day of April, 2011.

 

" James D. Carnwath"