Order: In the Matter of Ciccone Group et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF
CICCONE GROUP, CABO CATOCHE CORP. (a.k.a MEDRA CORP. and MEDRA
CORPORATION), 990509 ONTARIO INC., TADD FINANCIAL INC., CACHET
WEALTH MANAGEMENT INC., VINCENT CICCONE (a.k.a. VINCE CICCONE),
DARRYL BRUBACHER, ANDREW J MARTIN, STEVE HANEY, KLAUDIUSZ
MALINOWSKI AND BEN GIANGROSSO
ORDER
(Subsections 127(7) and (8))
WHEREAS on April 21, 2010, the Ontario Securities Commission (the “Commission”) issued a Temporary Order pursuant to sections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) that the Respondents cease trading in securities; that the exemptions contained in Ontario securities law do not apply to all of the Respondents except 990509 Ontario Inc. (“990509”); and that trading in the securities of 990509 and Medra Corporation (“Medra”) cease (the “Temporary Order”);
AND WHEREAS on April 21, 2010, the Commission ordered that the Temporary Order shall expire on the 15th day after its making unless extended by order of the Commission;
AND WHEREAS on May 3, 2010, the Commission extended the Temporary Order against all of the named respondents to October 22, 2010 and adjourned the hearing to October 21, 2010;
AND WHEREAS on October 21, 2010, the Commission extended the Temporary Order as against Ciccone Group, Medra, 990509, Cachet Wealth Management Inc. (“Cachet”), Tadd Financial Inc. (“Tadd”), Vince Ciccone (“Ciccone”), Klaudiusz Malinowski (“Malinowski”), Darryl Brubacher (“Brubacher”) and Andrew J. Martin (“Martin”) to January 26, 2011 and adjourned the hearing to January 25, 2011;
AND WHEREAS 990509 (now named Ciccone Group Inc.) made an assignment into bankruptcy on November 30, 2010;
AND WHEREAS on January 25, 2011, the Commission extended the Temporary Order as against Ciccone Group, Medra, 990509, Cachet, Tadd, Ciccone, Malinowski, Brubacher and Martin to May 11, 2011 and adjourned the Hearing to May 10, 2011;
AND WHEREAS on May 10, 2011, the Commission extended the Temporary Order as against Ciccone Group, Medra, 990509, Cachet, Tadd, Ciccone, Malinowski, Brubacher and Martin to August 11, 2011 and adjourned the Hearing to August 10, 2011;
AND WHEREAS on August 10, 2011, the Commission extended the Temporary Order as against Ciccone Group, Medra, 990509 (now named Ciccone Group Inc.), Ciccone, Tadd, Brubacher and Martin to September 30, 2011 and adjourned the hearing to September 29, 2011;
AND WHEREAS on September 29, 2011, the Commission extended the Temporary Order as against Ciccone Group, Medra, 990509 (now named Ciccone Group Inc.), Ciccone, Tadd, Brubacher and Martin to November 2, 2011 and adjourned the hearing to November 1, 2011;
AND WHEREAS on October 3, 2011, a Notice of Hearing and accompanying Statement of Allegations dated September 30, 2011 was issued against Vincent Ciccone and Medra Corp.;
AND WHEREAS on November 1, 2011, the Commission ordered that the title of the proceedings of the Temporary Order be amended to replace Vince Ciccone with Vincent Ciccone (a.k.a Vince Ciccone) and to replace Medra Corporation with Medra Corp. (a.k.a. Medra Corporation), that the Temporary Order as against Vincent Ciccone (a.k.a Vince Ciccone), Medra Corp. (a.k.a. Medra Corporation), Tadd, Brubacher and Martin be extended to February 2, 2012 and that the hearing be adjourned to February 1, 2012;
AND WHEREAS on February 1, 2012, the Commission extended the Temporary Order as against Vincent Ciccone (a.k.a Vince Ciccone), Medra Corp. (a.k.a. Medra Corporation), Tadd, Brubacher and Martin to May 4, 2012 and adjourned the hearing to May 3, 2012 at 10:00 a.m.;
AND WHEREAS by Order dated March 7, 2012, the hearing on the merits in this matter is scheduled to commence on September 5, 2012 at 10:00 a.m., and to continue on September 6, 7, 10, 12, 13, 14, 19, 20 and 21, 2012, each day commencing at 10:00 a.m.;
AND WHEREAS by Order dated April 12, 2012, the Commission approved of a Settlement Agreement made between Staff and Martin, Bubacher and TADD Investment Properties Inc.;
AND WHEREAS at the hearing on May 3, 2012, Staff appeared and advised the Commission that, according to corporate filings in Delaware, Medra Corp. changed its name to Cabo Catoche Corp. in or about January 2010 and that Staff seek to amend the title of proceedings of the Temporary Order to replace Medra Corp. (a.k.a. Medra Corporation) with Cabo Catoche Corp. (a.k.a. Medra Corp. and Medra Corporation);
AND WHEREAS Staff advised the Commission that Staff have been advised by Ciccone’s counsel that Ciccone takes no position on the request to extend the Temporary Order as against Ciccone until the hearing on the merits in this matter;
AND WHEREAS Staff served notice of this Hearing on Cabo Catoche Corp. (a.k.a. Medra Corp. and Medra Corporation);
AND WHEREAS upon the submissions of Staff, the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED pursuant to subsections 127 (7) and (8) of the Act that:
- the title of the proceedings of the Temporary Order is amended to replace Medra Corp. (a.k.a. Medra Corporation) with Cabo Catoche Corp. (a.k.a. Medra Corp. and Medra Corporation); and
- the Temporary Order is extended as against Vincent Ciccone (a.k.a Vince Ciccone) and Cabo Catoche Corp. (a.k.a. Medra Corp. and Medra Corporation) until the conclusion of the hearing on the merits in this matter.
DATED at Toronto this 3rd day of May, 2012.
James E.A. Turner