Temporary Order: In the Matter of Axcess Automation LLC et al.

 

 

 

 

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

 

 

 

1. Axcess Automation LLC (“Axcess”) is a Nevada corporation located in Mission Viejo, California and has never been a reporting issuer in Ontario or registered to trade in securities in Ontario;
2. Axcess Fund Management, LLC (“Axcess Fund Management”) is a Nevada limited liability company registered with the United States Commodity Futures and Trading Commission as a Commodity Pool Operator;
3. Axcess Fund Management has never been a reporting issuer in Ontario nor is it registered to trade in securities in Ontario;
4. Axcess Fund, L.P. (“Axcess Fund”) is a purported hedge fund operated by Axcess Fund Management;
5. Gordon Alan Driver (“Driver”) is a Canadian citizen who resides in both Ontario and Las Vegas, Nevada and has never been registered to trade in securities in Ontario;
6. David Rutledge (“Rutledge”) is an Ontario resident and has never been registered to trade in securities in Ontario;
7. Axcess, Axcess Fund Management, Axcess Fund, Driver and Rutledge may have solicited investments from Ontario and United States residents totalling between $5 million and $10 million;
8. Axcess, Axcess Fund Management, Axcess Fund, Driver and Rutledge may have traded in securities without being registered to do so, contrary to section 25 of the Ontario Securities Act, R.S.O. 1990, c. S-5 (the “Act”);

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 section 127(5) of the Act;

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

AND WHEREAS by Authorization Order made April 1, 2008, pursuant to subsection 3.5(3) of the Act, the Commission authorized each of W. David Wilson, James E. A. Turner, Lawrence E. Ritchie, Paul K. Bates and David L. Knight, acting alone, to exercise the powers of the Commission to make Orders under section 127 of the Act;

IT IS ORDERED pursuant to clause 2 of subsection 127(1) of the Act that all trading by Axcess, Axcess Fund Management, Axcess Fund, Driver and Rutledge shall cease.

IT IS FURTHER ORDERED that pursuant to clause 3 of subsection 127(1) of the Act that the exemptions contained in Ontario securities law do not apply to Axcess, Axcess Fund Management, Axcess Fund, Driver and Rutledge.

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

DATED at Toronto this 15^th day of April, 2009.

 

 

 

 

“David L. Knight”