Order: In the Matter of Allan McCaffrey
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c.S.5, AS AMENDED
- AND -
IN THE MATTER OF
ALLAN MCCAFFREY
ORDER
R.S.O. 1990, c.S.5, AS AMENDED
- AND -
IN THE MATTER OF
ALLAN MCCAFFREY
ORDER
WHEREAS on September 28, 2007, the Commission issued a Notice of Hearing pursuant to section 127 of the Securities Act (the “Act”) in respect of the trading of securities in Imagin Diagnostic Centres Inc. (“Imagin”) by Allan McCaffrey;
AND WHEREAS on September 27, 2007 Staff of the Commission filed a Statement of Allegations;
AND WHEREAS Allan McCaffrey entered into a Settlement Agreement dated January 15, 2009 (the “Settlement Agreement”) in relation to the matters set out in the Statement of Allegations;
AND WHEREAS the Commission issued a Notice of Hearing dated January 15, 2009, setting out that it proposed to consider the Settlement Agreement;
UPON reviewing the Settlement Agreement, the Notice of Hearing, the Statement of Allegations, and upon considering submissions from Allan McCaffrey through his agent and from Staff of the Commission;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED, PURSUANT TO SECTION 127 OF THE ACT, THAT:
- The Settlement Agreement dated January 15, 2009, between Staff of the Commission and Allan McCaffrey is approved;
- The Respondent is prohibited for ten years from becoming or acting as a director or officer of any issuer, registrant or investment fund manager commencing on the date of this order;
- The Respondent is prohibited for ten years from becoming or acting as a registrant commencing on the date of this order; and,
- The Respondent is to pay an administrative penalty of $15,000 to be allocated under s.3.4(2)(b) of the Act to or for the benefit of third parties.
Dated at Toronto, Ontario this 16th day of January, 2009
" Suresh Thakrar "
Suresh Thakrar |
" Kevin J. Kelly "
Kevin J. Kelly |