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 -
CICCONE GROUP, MEDRA CORPORATION, 990509 ONTARIO INC., TADD
FINANCIAL INC., CACHET WEALTH MANAGEMENT INC., 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 April 22, 2010, the Commission issued a Notice of Hearing giving notice that it will hold a Hearing (the “Hearing”) on May 3, 2010 at 10 a.m., to consider, among other things, whether it is in the public interest to extend the Temporary Order pursuant to subsections 127 (7) and (8) of the Act until the conclusion of the Hearing, or until such further time as considered necessary by 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 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 Staff advised the Commission that 990509, which was incorporated in Ontario on August 18, 1992, changed its name to Ciccone Group Inc. on March 8, 2010;
AND WHEREAS Staff advised the Commission that 990509 (now named Ciccone Group Inc.) made an assignment into bankruptcy on November 30, 2010;
AND WHEREAS Staff advised the Commission that it was not seeking an extension of the Temporary Order against Cachet and Malinowski but that it was seeking an extension of the Temporary Order until the end of September, 2011 as against Ciccone Group, Medra, 990509 now named Ciccone Group Inc., Ciccone, Tadd, Brubacher and Martin;
AND WHEREAS the Commission is advised that Staff requires additional time to complete its investigation;
AND WHEREAS Staff advised the Commission that Brubacher, Martin and Tadd consent to an extension of the Temporary Order until September 30, 2011;
AND WHEREAS Staff advised the Commission that Vincent Ciccone and the Ciccone Group Inc. do not oppose an extension of the Temporary Order until September 30, 2011;
AND WHEREAS Staff represents that Medra was served notice of this Hearing;
AND WHEREAS upon the submissions of Staff and upon review of the evidence filed by 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 Temporary Order is extended as against Ciccone Group, Medra, 990509 now named Ciccone Group Inc., Ciccone, Tadd, Brubacher and Martin to September 30, 2011;
- the Hearing is adjourned to September 29, 2011 at 10:00 a.m. or such other date or time as may be set by the Secretary’s office.
DATED at Toronto this 10th day of August, 2011.
James E. A. Turner