Wanderport Corp (WDRP)

[TASBES0101]

Translation of 40 Page AMF French Document

This was a pain to do - after downloading OCR software and putting the document through the Google French translation this is I have come up with...

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Translated version of BUREAU DE DECISION ET DE REVISION.docx

BOARD DECISION AND REVISION
CANADA
PROVINCE OF QUEBEC
Momreém.
FILE N ° 1 2011-026
DECISION No: 2011-026-001
DATE: July 11, 2011
IN THE PRESENCE OF: Metro Alain Gélinas
ST PIERRE CLAUDE M ° '
FINANCIAL MARKET AUTHORITY, 800 Victoria Square, 22 Floor, PO Box 246,
Montreal, Montreal District
Plaintiff
C °.
EXCEL GOLD MINING, 1411 Peel Street, Suite 600, Montreal (Quebec) HBA 1S5
and.
9157-0945 Québec inc. Ie doing business under the name of lnvestment & Traders
Associate inc., 1411 Peel Street, Suite 600, Montreal (Quebec) H3A 135
and
9198-6208 Québec inc., 1002 Sherbrooke Street West, 28th Floor, Montreal (Quebec)
H3A 3L6
and
CASTELLANE CAPITAL INC., 1002 Sherbrooke Street West, 289 Floor, Montreal
(Quebec) H3A 3L6
and
IAB MEDIA INC., 1400, rue Bégin, Montreal (Quebec) H4R 1X1
and
MAGMA DRILLING, 492, rue Cuddihy, Rouyn-Noranda (Quebec) J9X 4C4
and
NEURO-BIOTECH INC., Unknown address in Quebec
and
2011-026-001 PAGE: 2
PROACTIVE COMPUTER SERVICES, 1212, Redpath Crescent, Montreal (Quebec)
H3G 2K1
and -
CONSULTING INC. HILBROY., 1400, rue Bégin, Montreal (Quebec) H4R 1X1
and
WANDERPORT CORP., 17445 U.S. Highway 192, Suite 1, Clermont, FL USA 3471461
and `
935063 ALBERTA LTD, 1800, McGill College, Montreal (Quebec) H3A 3.16
and
6570542 CANADA INC., 2815, Cazeneuve Street, Montreal (Quebec) H4R 1V3
and •
JECEMAR REAL ESTATE INC.., 1040 Avenue GiIIes-Villeneuve, Berthierville (Québec)
JOK 1A0
and
JEAN-FRANCOIS AMYOT, 237, chemin Langevin, Delage (Québec), J9E 3A8
and
ANDREW Barakett, 2815, Cazeneuve Street, Montreal (Quebec) H4R 1V3
and
SALVATORE BRUNETTI, 320, of Ia Shore Woody, app. 802, Pierrefonds (Quebec)
H8Z 3M2
and
ANDREA CORTELLAZZI, 1321 Sherbrooke Street West, Apt. D-120, Montreal (Quebec)
H3G 1J4
and
MICHEL DEMONTIGNY, 1220, rue Rembrandt, Brossard (Quebec) J4X 2G2
and
XAVIER DEMONTIGNY, 159, rue Normandin, Saint-Jean-sur-Richelieu (Quebec) J2Y 1E4
and
DOMINIC Gingras, 925, boul. de Maisonneuve Ouest, app. 183, Montreal (Quebec)
H3A OA5
and
MARTIN HARVEY, 954, rue Notre-Dame, Repentigny (Quebec) J5Y 1C8
and
Michel Lebeuf, 5725 Avenue McAIear, Cote-Saint-Luc (Québec) H4W 2G8 _
and
YANNICK LESSARD, 237, chemin Langevin, Delage (Québec) J9E 3A8
and
Patrick Lessard, 1955, rue Adeya-Lessard, Quebec (Quebec) G2K OA3
and
Nicolas Matossian, 1951, chemin Nich0las • Austln, Austin (Quebec) JOB 1B0
and
JEAN-SEBASTIEN I Ollu, 7538, Querbes Street, Montreal (Quebec) H3N 2B6
and.
2011-026-001 PAGE: 3
MARC-ALEXANDRE Ollu, 1420, Bernard Avenue, Apt. 16, Outremont (Québec)
H2V 1W3
and -
MARIE-CHRISTINE Ollu, 461, Linda Street, St-Roch-sur-Richelieu (Québec) JOL 2M0
and
SERGE Ollu, 1420, Bernard Avenue, Apt. 16, Outremont (Québec) H2V 1W3
and
Daniel Pauze, 8428 Rue Aurele-AIIard, Montreal (Quebec) H2M 2T5
and
DENYSE RAYNAULT, 1420, Bernard Avenue, Apt. 16, Outremont (Québec) H2V 1W3
and
PATRICK GAGNE, 1420, Bernard Avenue, Apt. 16, Outremont (Québec) H2V 1W3
and
MICHAEL D'AMlCO, 1420, Bernard Avenue, Apt. 16, Outremont (Québec) H2V1W3
and
JACQUES VALLEE, 1420, Bernard Avenue, Apt. 16, Outremont (Québec) H2V 1W3
and.
Stéphane Fréchette, 1420, Bernard Avenue, Apt. 16, Outremont (Québec)
H2V 1W3
The respondents
and
HSBC INVEST DIRECT, 5100 Sherbrooke Street East, Suite 100, Montreal (Quebec)
H1V 3R9 '
and
BMO NESBITT BURNS, als, Julie Gallagher 1501, rue Maitre Gili College after 2800,
Mtl Quebec H3A 3M8
and
CIBC WOODGUNDY, c / o Ms. Maryse Lépine, 600, Boul. Maisonneuve West, Suite
3050 Mtl, Quebec H3A 3J2
and
BMO ACTION LINE, als, Julie Gallagher, 1501, rue Maitre G | I College after 2800,
Mtl Quebec H3A 3M8
and
National Bank Financial, a / st Gabriel Cere, Edifice Sunlife 1155
Metcalfe, 4th Floor, MTL, H3B 439
and
DESJARDINS SECURITIES INC.., A / sz Stéphane Turmel, 1170
Peel, Suite 300, Montreal (Quebec) H3B OA9
and
INDUSTRIAL ALLIANCE SECURITIES, als: Linda Boiteau, 6700
Blvd. Pierre Bertrand, Bureau 300, Quebec G2J 0B4
and
2011-026-001 PAGE: 4
Canaccord Genuity, als: Marvin Zwikler, 1250, boul. René-
West, Suite 2000 H3B 4W8
and
RBC DIRECT INVESTMENT INC.., Als: John Caucci, 1 Place Ville-Marie, Suite
300, Montreal HBB 4R8
and A
TD WATERHOUSE CANADA INC.., 1 Christiane als Manning, 500, rue St-Jacques
West, Siem floor, Montreal H2Y 181
Parties implicated
EX PARTE ORDER OF | OF NTERDICTl0N OPERATlONS IN SECURITIES AND CLOSURE
WEBSITE DECISION ON APPLICATIONS NOT | CTION OF OPERAT | ON ON VALUES,
BAN | ON TO ACT AS c0NsEu. |. ER BLOCK, CLOSE SITES
INTERNET AND DEPOSIT IN THE REGISTRY OF THE UPPER AND Coun MODE FOR A DECISION
SPECIAL SERVICE
[Art. 249, 265, 266, Lol goes on / ors securities, RSQ, c. V-1.1, ss. 93, 94, 115.9 and
115.12 Act Ulutorité Hnanciers markets, RSQ, c. A-33.2 and Art. 16, Regulations
the procedural rules of Office decision and revision (2004) 136 GO II,
4695]
Melanie Hebert ME
(Girard et al.) •
Attorney I'Autorité cles financial markets
Hearing date, June 30, 2011
2011-026-001 PAGE: 5
Decision
[1] On June 29, 2011, I'Autorite des marches financiers (the after the <<Authority ") seized the
Office decision and revision (listed after Ie <<Board ") of an ex parte order
that He pronounces the following decision has savoirz
`• a restraint order;
• an order to cease trading in securities;
• an order of Prohibition to carry on business as an adviser;
• an order to close websites;
• an order for deposit to the office of Superior Court Ia, and
• a decision to a special mode of service.
[2] These orders were sought under sections 249, 265 and 266 of Act Ia
on va / mobi ors / Logan Club ', articles 93, 94, 115.9 and 115.12 of Ia Act ID4utorite
steps and Particle Hnanciersz 16 of Reg / no way the reg / es of the procedure
Office decision and revision? A Ia response to this request, Ie Bureau held a
Ie ex parte hearing June 30, 2011, is headquartered.
[3] The application was presented I'Autorite under | Article 115.9 of Ia Act
I7lutorite Unanciers steps, according Iequel Ioisible Office is to issue
a decision adversely affecting the rights of a person without a hearing
PRIOR, where it is imperative requires Ie. An ex parte hearing was therefore held
Ie at the headquarters of the Office June 30, 2011, to enable the Authority to submit an application.
[4] The Authority has filed with the application required by the Arctic I'aftidavit 19 of Reg / no way
ies on reg / es of procedure of the Bureau of decision and review ", under which a
application based on compelling reasons must be accompanied by a statement
sworn written a | support acts of Ia demand and compelling reasons. Of
oonformes copies of the application for I'Autorite Ia and affidavits are
annexed to this decision.
'I.. Ro, C. v-1.1.
2 RSQ, C. A-33.2,
3 (2004) GO II, 4695.
"Ibid.
2011-026-001 PAGE: 6
The AUDlENCE
[5] As noted above, Ia request of the Authority and I'affidavit provided for in Regulation
_ Are diiiment annexes Ia presents a decision. The allegations of this application is
INTEGRATED Ia present decision as if they were Iibelles throughout. During
Vaudience ex parte June 30, 2011, Ia I'Autorite attorney has heard Ie
testimony of an investigator I'empIoi of the latter.
The LA Pnrzuve pe AUTORlTE
[6] He testified that the facts listed in Ia request and filed the
documentation. He added that Ie June 29, 2011, undertook a I'Autorite
search of the Local Montreal Excel Gold Mining Company (the after
<<EGM ") and IAB Media inc. (The after <<IAB "), boxes of documents and
computers have been seized so,
[7] During the search, no one ran for local EGM while
few people were in the premises of IAB. One of them was asked
by an investigator I'Autorite. In addition, it was found that Ia company IAB was
by I'entremise its website <</ tsa / / bul / .net "Ia Ia promotion securities company
Wanderport Corp. (The after <<Wanderport "), respondent I'instance. He has personally
regu alerts about this web site as recently as June 25, 2011 Ie.
[8] The investigator also noted that recently, Ientreprise Neuro-Biotech inc.,
also respondent, issued false press releases. Thus, the G in April 2011, she
produced a statement claiming that a representative of this company had a
Montreal in March 2011 a presentation was a Deputy Minister of Ministry of
Economic development of the Federation Russler, verification, this
information has been totally disproved.
[9] The investigator also submitted into evidence an operational plan EGM
providing, it seems, unveiling new Ie intended to influence the course of Ie _
as a society. Also according Ienqueteur, some of these cases are confirmed by
I'acquisition assets and Ia conclusion of certain mining contracts he has Ia evidence.
The investigator also acknowledged that all accounts it directs the Office of
block were inactive and mostly empty of funds.
L ° ARGUMENTATl0N OF LIAUTORITE
[10] The prosecutor then argued that I'Autorite Ie folder that has been presented
Ie front office is complex, but it reflects a new market realities.
She referred to a group of people who operate in concert and that some of these
people were left in files or IE Office had already been reached. S'iI
first is illegal distributions and solicitations for investment, is emerging
also behind, while a model of stock market manipulation, so that faith would
2011-026-001 PAGE: 7
Some evidence obtained in the framework of I'enquete of the authority is made
state in the application.
[11] In that case, counsel for the Authority deals with developers who were
lather titles, see Ia need to create a volume of transactions. It
recalls that this is an offense under I'anicle 195.2 of the Act
va / mobi ors / Logan Club? The facts submitted in the application goes back essentially to
years 2009 and 2010. But, given the complexity of the facts, has I'Autorite Ie choice
take a step back from I'ensemble file.
[12] But are all the same compelling reasons to intervene, since manipulation
Iaquelle steps behind is an organization. These actions have as
it begins in 2009, bringing the authorities to investigate in 2010 and conduct a search
during this year-Ia. But the Authority decided to wait before reporting
Ie front office with this file. Counsel for I'Autorite revise the facts of Ia
application, it is a series of manipulations of documents justifying the conclusions
requested by the authority.
[13] It places particular emphasis on handling Ia securities that Wanderport
have taken place recently. The investigator in the record has received three warnings, including
a barely went back to June 25, 2011. It is therefore scheme and consequently, a
compelling reason to issue the order sought. As a company Neuro-Ia
Biotech inc., The Authority has no evidence to promote the tracks on this | Â • it.
[14] But there is a factual framework of a large network. Press releases
have been published until April 2011, proving the manipulation of the securities market in Ie
least until that date by publication of new Ia. For the company EGM, the
compelling reason to do was revealed by a search of I'Autorite. This has
discover a document containing an operational plan for 90 days turned into
2009.
- [15] From this, we refer to Ia promotion of the securities. Some contracts
were submitted as evidence proving the implementation of this plan. For the prosecutor, a
network decided to take Motorized EGM and make Ia promotion. It is for her
convincing evidence of the presence of a scheme of manipulation. As
What securities are traded, even s'iI no evidence of effective promotion.
[16] Counsel for the Authority shall then round the persons and entities that would
subject to the prohibitions and blocking it asked the Office to deliver that
this is likely generate or particular. She asked the Office to block
some accounts, even if it recognizes IE | s are almost empty and inactive. It
5 above, note 1, art. 195.2. Ie is an offense to influence or attempt to influence the
course or Ia value of a liter of unfair, improper or fraudulent.
2011-026-001 PAGE: 8
justifies this by submitting that this would prevent IIS sewent for other
I'Autorite companies that have not yet discovered. '
[17] It further requests the Bureau to authorize the filing of its decision to intervene in
transplant Ia Superior Court. Asked about the effects of such a decision, she said
that He is important to strike a balance between protection of Ia walking Finteret of
investors but also the rights of private.
ANALYSIS
[18] The Board has carefully read the request of the Authority. He
hear evidence from the investigator also noted the many
documents filed in evidence. Finally, he also listened to Vargumentation
representante of Ia plaintiff who argued that be pronounced the
many conclusions sought.
[19] The least that the Bureau can say is that He is a very complex. Its
factual framework is difficult to trace clearly. The alleged event
back at least until 2008. ALLEGED some that are intertwined in this
frame are actually events that the Office has already ruled
Ie in some respects goes by ordering bans and blocks, Iorsque
necessary.
[20] We will be here in the presence of market manipulation operations INITIATED BY
a large number of people, they have tried over the years to promote '
the titles of some of the respondent companies to boost the value and then
_ Sell the securities they own to absorb the increase was due Pronti
prices caused by their maneuvers.
[21] The method is not new and has been Ie Bureau few opportunities to
comment on these methods of enrichment Ie back investors. These
buy securities on the basis of representations made to them optimistic but
found at the end of course with the same titles that have lost most of their
value Iorsque promoters were removed from the game recently, Ie Bureau
delivers a detailed decision on this subject.
[22] However, | 'aspect of the case which also holds the attention of the court is
presence or absence of compelling reasons justifying the decision of the decisions
applied for, without that intimate can not be heard at this stage
preliminary. In other words, there must exist in this case some
urgent action, justified by real risks including dispossession of
Investors.
6 Autorite des marches Hnanciers c. Normand Bouchard et al. Office decision and revision,
Montreal, No. 2009-041, June 27, 2011, My A. Gelinas and C. St Pierre, 33 pages.
2011-026-001 PAGE: 9
[23] can then be a departure from the principle that a party entitled to assert Ie
his views before the Office to respond to criticisms by the Authority,
contradicting the evidence of the latter. Rests on the shoulders of I'Autorite
the burden of proving [existence of compelling reasons, evidence of a risk I'existence
immediate action is needed on Iequel-| e-field.
[24] And that Ia Ie rub. I'aveu of the same prosecutor I'Autorite this
at last began to investigate these events in 2010. She is conducting a search
AT THAT TIME. But faced with Ia complexity of this issue, she chose to wait
and not to appear before the Board for emergency decisions. She
plutet trying to unscramble the file and assemble more information on Ie
all.
[25] But the choice of Ia plaintiff has consequences. By acting like this,
it seriously blunts what could represent a I'epoque reasons
compelling that would iustifie Ia audi alteram partem rule be set aside at the FAR
many close to the present case. Ie, but compliance with this rule is
basic and only really serious reasons justify qu'eIIe be excluded here. In
- Ie pushing time for action, compelling reasons have faded.
[26] This should benefit the intimate giving them the right to
hear and respond directly to the facts proven by the Authority. All this being said,
it appears all the same I'abondante I'Autorite proof that certain facts are
occurred more recently and Iaissent believe that some manipulations of securities were
place recently and that should be acting on them. In the case of Ia company
Wanderport, I'enqueteur of I'Autorite has received a warning in June 2011 showing that
is trying to lather Ia value of this title at Ia rise.
[27] In the case of Ie Ia Neuro-Biotech company inc., A key press release has been
published in April 2011 Citing a recent meeting between Russian Deputy Minister and
representative of this company. But it was proved by the investigators that had no such
occurred, suggesting that it was primarily intended foaming at the value of the title of this
society.
[28] In these circumstances, but in these circumstances only, Ie Bureau
estimated that there may be a need to act more quickly deliver a et'de
Iimitee decision more than I'Autorite request, but may result
dempecher that other investors are deceived by those who would use
Currently these resources to attract them. The Office recognizes a pattern exists here
imperative to act and has I'egard interdtre the operations of such securities.
[29] As a corollary, Ie Office is also ready to order closure of Ia
Internet <</ tsa / Ibu / /. Net "which is made by the company IAB Media inc. having served at
relaying alerts Ie Wanderport titles. But it is the only decision Ie
2011-O26-001 PAGE: 10
Office is ready to decide without hearing the parties. The allegations about the
manipulation of securities EGNI have no contemporary character that would justify
Ie Office prohibits negotiation Ia Ia based on compelling reasons.
[30] The general prohibitions of trading in securities and to act as an advisor only
are currently not justified without hearing the parties. The freeze orders
Ie requested does not either. The Authority acknowledged that the accounts in question
are inactive and do not contain almost anything. The fear that companies which
| 'Authorities did not know even the name can use them does not convince Ie Office
rule blocks applications based on compelling reasons. V
[31] In view of Ia Ia scope Iimitee decision of the Bureau, it is satisfied that He is not
Ia necessary to file with the Registry of the Superior Court. In addition, Ie Bureau took
knowledge of Ia request of the authority for a special mode of service of
Ia this decision to the companies and Wanderport Neuro-Biotech. Plaintiff
desire that their meaning can be made through a press
Ie press I'Autorite website.
[32] The Board is prepared to allow this special mode of service, a condition Ia
one meaning of the present decision by registered mail to these
companies at their respective addresses in the United States is also accomplle. The
Office is also ready to allow that the meaning of his decision to put in
cause to be made of a person described in I'attention Ia description of housing
because at the beginning of this decision.
[33] Finally, the Bureau is that it is possible to present in a I'Autorite
Office an application based on the facts of this case. The court may
set a hearing date afln that all parties have the opportunity to be
heard.
THE Decision
[34] Considering I'analyse appearing earlier in this case, the Office
is ready to pronounce Fordon Cease trade orders ex parte
Next, Ie while under I'articIe 265 of Ia Act will / mobiIieres ers' and
Articles 93 and 115.9 of the Act Mutorite of financial markets? It is also ready
gave a measure PanFS own ex ei Ie ensure compliance with the Act will / ors
mobi / Logan Club, namely the closure of the website <</ tsa / / bul / .net, "Ie while under
I'articIe 94 of Act Ia Wlutorite Hnanciers steps.
[35] The Board also welcomes applications for substituted service of
I'Autorite in form Ia appear here after, all by virtue of Article 16 of the
7 above, note 1.
8 above, note 2.
2011-026-001 PAGE: 11
Regulations on reg / es of procedure of the Bureau of decision and review / NGOs.
However, the Board rejects request I'Autorite Ia with respect to other
ex parte interim measures applied for, namely the other restraining orders
trading in securities, to act as a consultant at, locking and closing
Other Internet sites and deposit in the office of Superior Court Ia, Ie while under
Articles 249, 265 and 266 of Act Ia va / ors mob! / Logan Club, articles 93, 94, 115.9 and
115.12 Act of Ia / 3 ¢ \ ut0rite Nnanciers steps.
1) ORDER INTERDlCT | ON OPERATIONS IN SECURITIES, UNDER ° ART | CLE
265 THE Lo: ON THE SECURITIES AND ARTICLES 93 AND 115.9 OF THE Lo:
the authority of the FINANCIAL MARKETS:
• It prohibits persons whose names appear here after all
activity to eftectuer of operations in the securities of Ia company
_ \ / Vanderport Corp., Namely:
- Wanderport Corp., Its officers, directors and employees;
- 65705442 Canada inc., Its officers, directors and
employees;
• Advice Hilbroy inc., Its officers, directors and
employees;
• Jean-Francois Amyot;
- Andrea Cortellazi, and
• • Andrew Barakett.
• It prohibits persons whose names are listed after all
activity to efiectuer of operations in the securities of Neuro-Ia COMPANY
Biotech inc., Namely:
• Neuro-Biotech inc., Its officers, directors and
employees;
- Andrea Cortellazi, and
• Serge Ollu.
9 Supra note 3.
2011-026-OO1 `PAGE: 12
2) PR0PRE ORDER TO ENSURE RESPECT FOR Lo: ON VALUES
SECURITIES PURSUANT TO ARTICLES 94 AND 115.9 OF THE Lo: sun ° OF AUTHORITY
FINA NCIERS MARKET:
• He ordered Ia company IAB Media inc. to close the website
_ <</ Tsa / / bu / /. Net>> qu'eIle holds within a period of 24 hours of Ia signification
of the present decision;
3) Decision sun DEMAND lNTERD | CT | ON VALUES OF OPERATlONS sun,
On INTERDlCTlON D AG | AR AS ADVISOR and blocking, UNDER
ARTICLES 249, 265 AND 266 OF THE L01 ON THE SECURITIES AND ARTICLE 93
AND 115.9 OF THE FINANCIAL MARKETS L01suR LIAUTORITE:
• It rejects ex parte applications that are remaining on I'Autorite
has an order to cease trading in securities, an order
Ban to act as an advisor and a restraint order;
4) Decision on the ex parte application to issue an MEASURES TO ENSURE
RESPECT FOR L01 ON THE SECURITIES UNDER ARTICLES 94 AND
January 1 5.9 of Sun L01 AuTOR1TE The financial markets:
• It rejects Ia ex parte application by the closing Aut0rite ies websites
remaining;
5) DEcisi0N DEPGT ON A REQUEST FOR THE DECISION OF THE REGISTRY OF THE BUREAU
Coun TOP, UNDER SECTIONS 115.9 AND 115.12 OF THE Lo: on
HAS UTORITE FuvANciERs MARKETS:
• reject the application ex PanFS depét of the present decision at the Registry
of the Superior Court of the District of Montreal;
6) Decision F0R A WAY OF SERVICE, UNDER ARTICLE 16 OF REGULATION
ON RULES OF PROCEDURE OF THE BUREAU AND DECISION REv1s10N:
• IT AUTHORIZES the signitive of the present decision to the companies
Neuro-Biotech inc. and Wanderport Corp. etfectuee be using Ia
publication of a press release on Ie website of the Autorite
financial markets, Ia provided that such attempts also to
serve them by registered mail to the respective addresses Ieurs
United States;
• IL permitted Ia significance of this decision to put in
issue in this case is made to the attention of the persons whose names
2011-026-001 PAGE: 13
appear in the description of these said defendants at the beginning of Ia
present decision.
[36] Under the second paragraph of section 115.9 of the Act of Mutorite
linanciers steps, the Office informs the intimate IE | s have a period of fifteen [bear
to ask the Bureau to hold a hearing at Ia present decision. This one
then be held in Courtroom Ia Paul Fortugno which is located at 500 Boulevard
Rene-Levesque West, Suite 16.40, Montreal (Quebec).
[37] It is then up to the intimate contact the General Secretariat of the
Office at 1-877-873-2211 to I'informer IIS intend to exercise their right to be
heard. The respondents are also asked to note that a party has the right to
be represented by a lawyer '°. The Office also informs the corporate
and entities wishing to be heard within the framework of this case they are
required to be represented by counsel at a hearing before Ie Office '?
[38] For applications rejerées seen [absence of compelling reasons, Ie Bureau
Ie I'Autorite reserve the right to submit a new application through the process
PROVIDED al'articIe of 115.8 Ia Act Mutorite iinanciers steps.
Done at Montreal, July 11, 2011. K
(S] Alain Gélinas
_ M ° Alain Gélinas, President
(S) Claude St Pierre
Madame Claude St Pierre, Vice President
COPY
BY C it l
Office \ ecision and revision
Rules if the reg / es of procedure and decision of the Office of Review, supra note 4, art. 31.
ld., art. 32.
BOARD DECISION AND REVISION
PROVINCE OF QUEBEC
. MONTREAL
FILE N0
FINANCIAL MARKET AUTHORITY,
800 Square Victoria, 22nd Floor, C, P. 246,
Montreal, Montreal District
_ PLAINTIFF
c '
EXCEL GOLD MINING, 1411 Peel Street, Suite
600, Montreal (Quebec) H3A 155
9157-0945 Québec inc. doing business under
`Ie name of Traders & Investment Associate
inc., 1411 Peel Street, Suite 600, Montreal
(Québec) H3A 1S5
9198-6208 Québec inc., 1002, rue Sherbrooke _
West, 28 th floor, Montreal (Quebec) H3A 3L6
CASTELLANE CAPITAL INC., 1002, the street
'Sherbrooke West, 28th Floor, Montreal (Quebec) ~
H3A 3L6
i IAB MEDIA INC., 1400, rue Bégin, Montreal
(Quebec) H4R 1X1
MAGMA DRILLING, 492, rue Cuddihy, Rouyn-
Noranda (Quebec) J9X 4C4
NEURO-BIOTECH INC., Unknown address in
Quebec
PROACTIVE COMPUTER SERVICES, 1212,
Redpath Crescent, Montreal (Quebec) H3G 2K1
CONSULTING INC. HILBROY., 1400, rue Bégin,
Montreal (Quebec) H4R 1X1
WANDERPORT, 17445 U.S. Highway 192, Suite 1,
Clermont, FL USA 3471461
935063 ALBERTA LTD, 1800, rue McGill-
College, Montreal (Quebec) HBA 3J6
_ 2
6570542 CANADA INC. 2815 Rue Cazeneuve
Montreal (Quebec) H4R 1V3
AI JECEMAR REAL ESTATE INC.. 1040 Avenue
Gilles-Villeneuve Berthierville (Quebec) JOK 1A0
JEAN-Francois Amyot, 237 Road
Langevin, Delage (Québec), J9E 3A8
ANDREW Barakett, 2815, Cazeneuve Street,
Montreal (Quebec) H4R 1V3
SALVATORE I BRUNETTI, 320, of Ia Shore
Woody, app. 802, Pierrefonds (Quebec) H8Z 3M2
ANDREA CORTELLAZZI, 1321 Sherbrooke Street
West, Apt. D-120, Montreal (Quebec) HBG 1J4
MICHEL _ DEMONTIGNY, 1220, rue Rembrandt
- Brossard (Quebec) J4X 2G2
XAVIER DEMONTIGNY, 159, rue Normandin, St.
Jean-sur-Richelieu (Quebec) J2Y 1E4
DOMINIC Gingras, 925, boul. de Maisonneuve
West, Apt. 183, Montreal (Quebec) H3A OA5
MARTIN HARVEY, 954, rue Notre-Dame Est,
Repentigny (Quebec) J5Y 1C8
Michel Lebeuf, 5725 Avenue McA | Ear, Cote-
Saint-Luc (Québec) H4W 2G8
YANNICK LESSARD, 237, chemin Langevin,
I Delage (Québec) J9E 3A8
Patrick Lessard, 1955, Adela Street-Lessard,
Québec (Québec) G2K OA3
Nicolas Matossian, 1951 Nicholas Road
Austin, Austin (Quebec) JOB 1B0
JEAN-SEBASTIEN Ollu, 7538, rue Querbes
Montreal (Quebec) H3N 2B6
MARC-ALEXANDRE Ollu, 1420 Avenue
Bernard, app, 16, Outremont (Québec) l ~ L2V 1W3
, MARIE-CHRISTINE Ollu, 461, Linda Street, r
St-Roch-sur-Richelieu (Québec) JOL 2MB
3
SERGE Ollu, 1420, Bernard Avenue, Apt. 16,
- Outrem0nt (Quebec) H2V1W3
'Daniel Pauze, 8428, rue Aurele-A | | ard,
Montreal (Quebec) H2M 2T5
DENYSE RAYNAULT, 1420, Bernard Avenue,
app. 16, Outremont (Québec) H2V 1W3
PATRICK GAGNE, 1420, Bernard Avenue, Apt.
16, Outremont (Québec) H2V 1W3
MICHAEL D'AMlCO, 1420, Bernard Avenue, Apt.
16, Outremont (Québec) H2V 1W3
I JACQUES VALLEE, 1420, Bernard Avenue, Apt.
'16, Outremont (Québec) H2V1W3
I `Stéphane Fréchette, 1420 Avenue
Bernard, Apt. 16, Outremont (Québec) H2V 1W3
. mriiviés
And
HSBC DIRECT INVESTMENT, 5100 Sherbrooke Street
, Suite 100, Montreal (Quebec) H1V 3RQ
BMO NESBITT BURNS, A / sz Julie Gallagher
1501 McGill College after 2800, Mtl Quebec
HBA 3MB
CIBC WOODGRUNDY, A / if Maryse Lépine,
600, Boul. Maisonneuve West, Suite 3050 Mtl,
Quebec H3A 3J2
BMO ACTION LINE, A / sz Julie Gallagher
1501 McGill College after 2800, Mtl Quebec
H3A 3M8
National Bank Financial, A / sz
Gabriel Cere, Edifice Sunlife 1155
Metcalfe, 4th Floor, MTL, H3B 489
DESJARDINS SECURITIES INC..,
A / s: Mr. Stéphane Turmel, 1170 Peel Street, Suite
300, Montreal (Quebec) H3B 0/X9
INDUSTRIAL ALLIANCE SECURITIES
`SECURITIES, A / sz Linda Boiteau, 6700
4
Blvd. Pierre Bertrand, Suite 300 Quebec G2J
OB4 '
Canaccord Genuity, A / sz
Marvin Zwikler, 1250, boul. Rene-Levesque
West Suite 2000 H3B 4W8
RBC DIRECT INVESTMENT INC.., Alsz John
Caucci, 1 Place Ville-Marie, Suite 300, Montreal
H3B 4R8
TD WATERHOUSE CANADA INC.., A / s;
Ms. Christiane Manning, 500, rue St-Jacques
151 West 5th floor H2Y
. Request I'Autorite financial markets under Articles 93, 94 and 115.9 and
115.12 Ia L0isurI'Aut0rité of financial markets, RSQ, c. A-33.2, articles 249,
265, 266 of LNI Ia on securities, RSQ, c. V-1.1, and 16 of the Particle
Procedural Regulations of the Bureau of decision and revision, c. V-1.1, R.0.1.3
THE AUTHORITY OF FINANCIAL IIIIARCHES respectfully submit FOLLOWS
OFFICE FOR REVIEW AND DECISION:
I. INTRODUCTION
A. The market Aut0rité tinanciers
1. Plaintiff | 'Aut0rite des marches financiers (the after <<I'Autorite ") is Vorgan
charge of app | icati0n Act. values MCBI / Logan Club, RSC!. c. V-1.1 (here after Ia
<<SA ") and shall serve therein confcrmement a Particle of Ia Lci 7
'SurI7lutorité steps Nnanciers, RSQ, c. A-33.2.
B. Excel Gold Excel MiningILes gold mines inc.
2. Excel Gold Mining (the after <<EGM ") is a corporation incorporated under Act Ia
Corporations Act, RSC (1985) c. C-44 (here after Ia <<LSA ") and registered with
the registrar of companies in Quebec in October 1994.
3. ljactivite declared that the company is expIoration mining.
4. The directors are of EGM Jacques Vallee and Stephane Frechette, the president is
Jacques Roy and his secretary was Martin Harvey.
5. Daniel Pauze has been President and Chief Executive Officer of EGM.
6. Michel DeMontigny is presented as general manager cl'EGM, although the horn
does not appear to the statement of CIDREQ registralre business of Quebec. It has
aiIIeurs to preside in November 2010, a meeting of shareholders of EGM.
II `5
7. EGM is a reporting issuer in Quebec, Ia listed on TSX Venture Exchange Venture
(Hereinafter <<TSX Venture ") as well as on IIST I'OTC Market (hereinafter I '<<OTC>>). •
C. Investment Traders & Associates inc.
8. 9157-0945 Québec inc. is a company that was incorporated on € 1 'in June 2005 under Ia
Ia Part 1A of the Companies Act, RSQ c. C-38, registered with the Registrar
Quebec companies and doing business under the name Investment & Traders
Associates inc. (Hereinafter <<Investment Traders ").
9. The activity declared Investment Traders is <<holding company. "
10. Dominic Gingras is a director, president, secretary and treasurer of Investment
Traders. It is also I'unique shareholder.
11. Investment Traders has never been registered with a I'Autorité as a broker or
adviser under LVM Ia. She has held no record of staff
to the subjects noted a I'une I'article 13 of Act Ia Ia distribution of
and sen / / these Hnanciers (hereinafter <<Distribution Act ").
D. Downshire Capital Inc..
. 12. Downshire Capital Inc.. (The after <<Downshire ") is a company that was incorporated Ie
23 June 2006 under the LSA and registered with the Registrar of companies
Ie Quebec since July 4, 2006. _
13. Carol McKeown is unique Vactionnaire Downshire. It is also
President, Secretary and Treasurer.
14. In addition, Daniel F. Ryan, Carol Mckeown Ie joint is one of the leaders emes
of Downshire.
15. Downshire operated Ie www.pennystockchaser.com website, a website that was Ia
promotion of several stocks.
15. Downshire has never been registered with a I'Autorité as a dealer or adviser
securities under the Securities Act. She has held no office for registration of I'une
disciplines mentioned a 13 I'article of Ia Distribution Act.
17. Carol Mckeown has never been registered with | Authority has an advisory or
dealer in securities acting under LVM Ia.
18. Daniel F. Ryan is no longer registered with I'Autorité at as an adviser or broker
securities acting under LVM Ia. V
19. June 25, 2010, the Office for review and decision (hereinafter Ie <<Office ") pronounced
restraint orders and cease trading in securities at | against Carol
McKeown, Daniel F. Ryan, Downshire and a related company, Meadow Vista Financial
Corporation.
. 6
E. Tips Hilbroy inc.
20. Tips Hilbroy inc. (Hereinafter <<Hilbroy ") is a company that was incorporated on
September 27, 2005 under LSA Ia, Ia under name Financial Group
Midland Baring. It is registered with the registrar of companies from the
November 21, 2005.
21. The activity is declared Hilbroy <<holding company "," "tinanciers services" is
said.
22. Jean-Francois Amyot I is a director, president, secretary and treasurer of Hi | ground.
23. TOYM Capital Inc. is a majority of Vactionnaire HiIbroy. Jean-Francois Amyot
director, president, secretary and treasurer of TOYM Capital inc.
24. Tips Hilbroy inc. has never been registered with | Authority as a dealer or at
adviser under LVM Ia. She has held no record of Staff (
I'une for the disciplines mentioned al'articIe 13 of the Distribution Act.
25. Jean-Francois Amyot.n has never been registered with the Authority at an advisory or
dealer in full-time to the LVM.
F. IAB Media Inc..
26. IAB Media Inc.. (The after <<IAB ") is a company that was incorporated Ie October 23, 2009
under the LSA and is registered with the Registrar of companies since Ie
October 28, 2009. '_
27. The reported activity of | AB <<other sen / ices advertising "precisely <<Promotion
Web Sites;>.
28. The majority shareholder of this company is Hilbroy. Jean-Fran ¢; ois Amyot is
Administrator, and Julie Forget, his wife is secretary and Ia Ia Treasurer.
{29. IAB has several websites that are promoting several Ia equities, including:
- Itsallbullnet
- Pennystockrydercom
- _ Hypergrowthstockcom.
- Stockpicksthatmovénet
- Simonsaysstocksnet
"Pennystocksocietynet
- Pennystockpartynet
30. IAB has never been registered with I'Autorité as a broker or adviser
under the Securities Act. She has held no office for registration I'une disciplines
listed at 13 I'article of Ia Distribution Act.
7
G. Wanderport Corp.
31. Wanderport Corp. (The after <<Wanderport ") is a company incorporated Ie
March 29, 2006, under Iin Temtex Industries, Inc., pursuant to Iois | State of Delaware.
32. January 8, 2007, Temte Industries, Inc. Has changed its name to Wanderport Corp.
33. Wanderport leaders are Richard Mantel (President), Jean-Francois Amyot (vice-
president communications) and Robert Simoneau (VlCE president technology).
34. The address is Wanderport 17445 U.S. Highway 192, Suite 1, Clermont, FL 3,471,461,
USA. Wanderport has no known address in Québec.
35. The shares are traded on the Wanderport Ie Pink Sheet.
H. Neuro-Biotech inc. `
36. Neuro-Biotech Corporation. (The after <<Neuro-Biotech ") is a company that was incorporated
Iois under the State of Nevada Ie 26 July 1990 under the name of Quantitative Methods
Corp.
37. January 17, 2007, Quantitative Methods Corp. has changed its name to M45 Mining
Resources Inc.. (The after <<M45>>).
38. On February 11, 2010, M45 changes name to Neuro-Biotech Corporation.
39. Neuro-Biotech currently has no known address in Québec.
40. Andrea Cortellazzi was a shareholder of this company. As such, the documents submitted by
Neuro-Biotech Securities and Exchange Commission (the Ia after "SEC" ") for Neuro-
Biotech reveal that on March 8, 2007, Andrea Cortellazzi Contrelle over 56%
company Ia actions, participation has reduced 37.53% as of March 31, 2010.
41. Serge Ollu is a consultant for Neuro-Biotech.
42. The shares of Neuro-Biotech is listed on Ie Pink Sheet.
43. Andrea Cortellazzi Ollu and Serge were never registered with any I'Autorite title
adviser or dealer in securities acting under LVM Ia.
I. Others involved
44. Several other natural and legal persons are involved in this issue:
- Proactive Computer Services is a company that is not Andrea Cortellazzi
registered with the registrar of companies in Québec and who holds
no registration with | Authority. This company was used by Andrea
Cortellazzi within the framework of investments in Wanderport. _ A
. 8
Barakett • Andrew has been involved in handling securities Ia Wanderpoit and has
also compromising the title of Wanderport through Ia company 6570542
Canada inc. Ie which he is chairman and largest shareholder;
- Daniel Pauze, Yannick Lessard Patrick Lessard, Nicolas Matossian involved
Ia manipulation in the securities of EGM and EGM regu actions, as explained
here after. .
- 9198-6208 Québec inc. is a company that was established June 17, 2008 and is
registered with the registrar of companies. Annie Lacasse is presidente
and secretary. The reported activity of Ia company <<mineral exploration and
natural resources. " This company regu EGM actions within the framework of a
transaction explained below. g
"935063 Alberta Ltd.. is a company that was incorporated Ie 18 2001 and is poorly
`Registered with the registrar of companies and that is Nicolas Matossian
president, the company has regu actions EGM.
- Denyse Raynault Ia is joint Ollu Serge, Jean-Sebastien Ollu, Marc-
Ollu Alexandre, Marie-Christine Ollu are the children of Serge Ollu. They were all regu
shares of EGM. '
- ° Capital Inc. Castellane. is a company that was incorporated April 30, 2009 and is
registered with the registrar of companies. Jean-Sebastien Ollu is the
Ie president and secretary. The activity is declared "Company" Management -
real estate investment and mining properties. " She regu actions
EGM. •
"Salvator Brunetti Drilling Inc. and Magma. have regu actions in EGM
anyone after explained. _
- Xavier is DeMontigny Ie Els Michel DeMontigny. It has regu shares of EGM.
- Michel Lebeuf is an attorney who has rendered professional services za Andrea
Cortellazzi and who regu shares of EGM by anyone-after
explained.
45. These people are not registered with the Authority as an adviser or broker
in securities acting under the Securities Act. Yannick Lessard has also already been
I'Autorité registered with:
- As a representative in insurance of persons. Ie it is inactive for 30 June A
2009 for non-renewable | yment. .
- As an investment representative. II Ie resigned December 31, 2008. _
- As a securities representative of 21 November 2005 to January 10
2008.
9
ll. FACTS
A. Summary _ i.
46. July 12, 2010, the Authority began an investigation in relation to investment activities
Andrea Cortellazzi, Serge Ollu, Wanderport and M45 (now Neuro-Biotech).
47. The survey showed Vexistence ploy to manipulate the securities of any
Wanderport, Neuro-Biotech and EGM, as explained here after.
B. A Wanderport
48. Within the framework of | 'survey, Finvestisseur one who has subscribed for shares of Wanderport
Through Andrea Cortellazzi, was encountered. The investor made a statement a
mentioning the following facts;
- It has been introduced e M. Cortellazzi through an acquaintance in July 2009.
~ - Mr. Cortellazzi IUI said IE | was stockbroker, IE | Making A
V very profitable investment and IE | owned <<Shell. "
- Mr. Cortellazzi told IE | could | help by placing their money in a <<shell "
he had the control, a <<Green as "very profitable Wanderport. This placement
should be safe, he could not lose. `
- He has met many times Mr. Cortellazzi, most of the time has offices
business at 1212 Redpath Crescent in Montreal. •
- It has invested an initial $ 20 000, rernis by check at the offices of Mr. Cortellazzi
located at 1212 Redpath Crescent. A Ia latter's request, he did check Ie
• | Order Proactive Computer Services, a company belonging.
Mr. Cortellazzi.
- The check was cashed in a nursing collection.
"Mr. Cortellazzi IUI handed, IORS another meeting at 1212 Redpath Crescent, a
Proactive Computer Services letter confirming the receipt of | 'money even
Finvest that in Wanderport.
~ Mr. Cortellazzi I'a recontacted a week later, indicating IUI IE | had made
thousands of dollars in prot. He also told her that a second wave of
Investment came in Wanderport, a place became free, he should invest
at again to make more money and that it was urgent. It has agreed to invest
his business partner, Yinvestisseur 2, another $ $ 70 000, again at
by two certified checks at I'ordre Proactive Computer Services.
- Both checks were cashed cashing centers. '
- Although | investor demand an alt Ie repayment of its investment,
Mr. Cortellazzi IUI instead proposes other investments, including M45,
a <<real bomb>>.
10
- About the M45, he told her that He Cortellazzi about to do same thing Ia
Wanderport with. The title was not yet ready, he was busy finalizing Ie.
_ Always at his office at 1212 Redpath Crescent, he showed her a document,
IIST with all shareholders of M45, according to Mr. Cortellazzi. `
- Mr. Cortellazzi IUI said IE | was about to retrieve all the actions of the title,
Ie to clean up and restart it.
- At these meetings, Mr. Cortellazzi was always before his laptop on places
his office at the floor of the 3B 1212, Redpath Crescent. Mr. Cortellazzi said receiving
e-mail to potential investors.
l - M. Cortellazzi IUI said that He was to get back quickly difhcile money because
that He was blocked in the U.S. and it proved out that small amounts of e Ia
times to avoid detection by the imp6t United States and Canada.
- Mr. Cortellazzi then explained that Wanderport and M45 shells which are
is the owner. It has also said that shells are and how
it proceeds to give them value Ia. He said any compromise on these securities from
IE multiple accounts | checking with small amounts and in consultation with
associates who were Ia Ia same thing to mount value of the security.
- Mr. Cortellazzi IUI said he paid in shares of the promoters (including <<Hilbroy>>
<<It's all Bull "and" "Gold Spoon") and controlled the market and the time
or it was withdrawing its lnvestment. The aim was to rise slowly in the title
attracting other investors. It was the proht this way.
- He also explained how to open accounts with brokers in the U.S.
States, especially among Option Xpress JH Darbi and in transit to the
are.
- Given Vinexpérience Vinvestisseur of 1 to open brokerage accounts,
Mr. Cortellazzi told him to come | to open its office, at 1212 Redpath Crescent, in
indicating that it was normal procedure Ia, all accounts were opened
from their desktops. His son who usually handled according IUI
account opening and he could help.
"The investor and one of partehaire af'faires, Finvestisseur 2, opened accounts
"But nothing regu. They wanted their money back, Mr. Cortellazzi delayed
Ia constantly submitting their money under numerous pretexts.
- In September, Mr. Cortellazzi gave them two checks of $ 20,000 in
partial refund of their investment, they were returned with
`Mention NSF. The checks were issued by an associate of Mr. Cortellazzi or
Domenico Barrecca.
"After a few weeks ia trying to get his money, demanded a Finvestisseur
Mr. Cortellazzi recognized amounts and gains. Mr. Cortellazzi
Iui replied that everything was at his office at 1212 Redpath Crescent. Investor 1
went there in October 2009 and obtained this | ui it a confirmation letter.
"11
- Mr. Cortellazzi then handed him $ 90 000 for the checks issued by Ia company
Digital 9198-5166 Québec inc. and signs as presented by Antonio Savari
. being an associate of Mr. Cortellazzi. All the checks were issued for an account
Ie closed since July. V
- The investor 1 and investor 2 has threatened to complain Cortellazzi M.;
Mr. Cortellazzi told them that if they reveal all that he could no longer work and
consequently, the pay back.
- Another associate, Serge Ollu, presented a check for Vinvestisseur February 1 to $ 15 000
Jean-Sebastien Ollu dated October 23, 2009. This check could be cashed in
November 2009.
- Since, by Fintermediaire of counsel for Mr. Cortellazzi, John Bracaglia,
1 and 2 Vinvestisseur Vinvestisseur regu have a proposal for settlement of debts
giving them shares of M45, Iaquelle proposal they have not responded.
49. 2 The investor has been meeting and he gave Ia statement corroborates that of
| Investor 1.
50. A third investor has also provided a statement through Venquete.
This statement outlines the following:
- Investor 3 shows have been presented to Mr. Cortellazzi by a friend, Ms.
Jade Chabot, in June 2009. 3 The investor then had a company and
Mr. Cortellazzi indicated to assist in its business plan.
- Mr. Cortellazzi | 'recalled two days later. He said he owned a
shell which traded on the stock exchange, named Wanderport. He has made
on your representations that shell | effect that he was making and that Contrelle
<<Deals "with other companies. Mentioned that Mr. Cortellazzi | advantage
to invest through him that it was based on Ie covered by information
preferred. He told her, "" we buy, we sell "," "we buy, we sell," t "we buy,
we sell ", etc.. This is the thing he said to make | money. He said they held
`Million shares of the company.
- Mr. Conellazzi told him that by investing in this shell Contrelle that he could l
a yield of 35% to 40% in thirty days. He told her he could not
lose, there was no risk and guaranteed Because I WAS | Contrelle title.
- 3 Investors ran for office a few days Mr. Cortellazzi
Later, at 1212 Redpath Crescent, at Montreal. It gave him a sum of $ 1 800 in
cash to invest in Wanderport and has no document on a regu
investment.
- Mr. Cortellazzi asked if he knew other people who wanted to make
| Money. 3 The investor has referred him some names, including that of
Finvestisseur 1.
12
- A Ia mid-September, he delivered a Cortellazzi IUI <<rebate "of $ 500 in cash
Iiquide its lnvestment. The money was handed over to IUI 1212, Redpath
Crescent, and says Cortellazzi was <<Ie just beginning. "
"Having obtained such a performance and according to the representations of Mr. Cortellazzi as
a new wave of investments in Wanderport, borrows at a I'investisseur 3
from its credit cards about 5000 U.S. dollars to invest again at
Mr. Cortellazzi. Mr. Cortellazzi I'argent knew that had his credit cards, it IUI
said not to worry.
~ At the time of the request for reimbursement, he has answered that He does Cortellazzi
Because I could not repay Ie | had reinvested | money in another of his
shells, named M45. At no time did Mr. Cortellazzi consult
| Investor 3 to this investment. Mr. Cortellazzi has reported that M45 was
be a <<bomb "and that He would do three times more money. He also told her
_ Contrelle this title. .
3 • The investor indicates the presenting himself a dozen times at the offices of
Mr. Cortellazzi, at 1212 Redpath Crescent in Montreal. Mr. Cortellazzi was always
in front of his computer screen floor 39, and son Michael at 4 °,
with another man, Tony.
- Mr. Cortellazzi always had an excuse for not repaying Ie.
51. On June 17, 2011, Internet searches conducted by the investigators I `Authority have
Ie found that itsaIlbul website |. net, operated by IAB, including the fact
promotion as Wanderport.
52. In addition, IAB member sends to the website alerts that are promoting as Ia
Wanderport of which contain analysis of current Ie of this title.
C. Neuro-Biotech
53. Within the framework of a preliminary investigation at Ia this investigation, three investors
states have invested in company Ia M45 following representations by Andrea Cortellazzi
and Serge Ollu.
54. One of these investors, investisseur_4, reports the following facts 1
- 4 The investor and his wife invested a total of $ 285 000, or all of their Ia
pension funds, in | 'in year 2008 I-lE-5 Resources. The
representations regarding the investment were silent by Jacques Gagne, first
place, followed by Andrea Cortellazzi and Serge Ollu.
'J They went to the offices of Mr. Cortellazzi, at 1212 Redpath Crescent has
Montreal, to meet Mr. and Mr. Cortellazzi Ollu with Mr. Gagne to
January 2008.
- Knowledge of the investor four investment are slim and it not n'estVdonc
able to explain clearly the type of product in which it invests.
13
"He said, however, that the return has been promised by Mr. Gagne, Mr. Cortellazzi
and Mr. Ollu was high. 4 The investor was to receive $ 60 000 per year and after
one year, the value of its investment would exceed $ 400 000.
- The investment in HE-5 Resources ultimately failed, according to Mr. oagné
and they lost everything.
- Mr. Ollu responded to none of communications and notice that
the investor has sent four IUI.
- On September 2, 2010, Mr. Gagne has four Vinvestisseur meeting to inform it
managed to get Mr. and Mr. Cortellazzi Ollu 400 000 shares and 275 000 M45
Neuro-Biotech shares as compensation for its past losses.
- Mr. Gagne explained that IUI was Ia same company and he did open a
brokerage account for IUI in the United States to deposit the share certificates.
The shares would be worth 4 cents today, but they could get him 50 cents.
55. Note that Jacques Eagnas is already the subject of a cease trade order
uttered by the Office folder in IE 2005-04.
56. On September 8, 2010, I'Autorite conducted raids at the offices of Andrea
Cortellazzi at 1212 Redpath Crescent, Montreal and offices Serge Ollu in 4020,
St-Ambroise, Suite 497, Montreal.
57. During the search at the offices of Andrea Cortellazzi, it made a statement
freely and voluntarily collected by an investigator of the Authority. •
58. Andrea Cortellazzi stated:
- He was happy that I '/ - \ utorité is aware of the Vexistence ltsallbull and
M. Amyot, but unrelated to them.
"He knows in what area they are working or Ia promote stocks.
- It would have met Mr. Amyot there are 2 or 3 years. It would present at 1212
Redpath Crescent to discuss Ia Ia opportunity to promote titles
held by Mr. Cortellazzi. It indicates, however, have never done business with IUI.
- In IUI, Ia ltsallbull similar technique used by the Pump & Dump.
- It indicates that it is an effective strategy for Ie project sponsor and title,
but qu'eI | e does not create any value for the company e | the-same.
- Mr. Cortellazzi states have never used this technique, as it deems
illegal. `
- Mr. Cortellazzi added that press releases issued for a period of
promotion is misleading (<<misleading>>, "" its all bullshit>>), is especially lorsqu'iI
empty shells.
14
Wanderport
- About Wanderport, it indicates that this is not his project, but the
Andrew Barakett, a long-time acquaintance.
_ - II has been contacted by him there are more than two years atin key | help set up at
this shell stock market.
- His duties were to find for Mr. Barakett a transfer agent and a lawyer
United States.
. - To do this, he obtained more than two million shares of Wanderport, actions that
has been sold or distributed.
• - Mr. Barakett, which has no specific title in Wanderport, was commissioned by
former board Wanderport,
"Following a transaction with a Quebec company, represented by a
Richard Martel, Wanderport had to have a real asset, a technology
the field of water heaters.
- The transaction Wanderport so that the shell possesses | assets would still
'Not completed. `
- Mr. Cortellazzi contends that at no time did he solicited investors for
purchase shares of Ia society.
- He knows that Hilbroy ltsallbull and are involved in promoting Wanderport Ia, but
IE shows it | was not involved at this level.
- In fact, Mr. Cortellazzi pretend to have had a role in that very Iimité Wanderport,
or only to find an agent and a lawyer for transfen Ia society.
M45-lNeuro Biotechl
'- M. Cortellazzi Ie said to have been in some past owner <<shells "
shells traded.
- The key was M45. Mr IE indicates Conellazzi | was his <<baby "and
the main project he was involved in recent years.
"M45 is listed on the Pink Sheet would have bought there are several
years. The company was the main objective and acquisiti0n | 'explorati0n of
Ia mining properties in Matagami area. .
- The company had spent all his money in | acquisition of securities (<<claims "). i
- A Ia question how M45 tinancait business, Mr. Cortellazzi answers
IE | Finance | ui own society.
15
- Puls, M. Cortellazzi says that He personally borrowed money from
individuals and that He I'investissait in M45.
"M-. Cortellazzi goes on to say that all monies collected from
these individuals went to the acquisition of <<claims "mining.
- M45 had no bank account. Mr. Cortellazzi collected from I'argent
personally with individuals, and he invested in M45. He explained he had
never kept | money investors for him.
- The terms agreed with the varied individual investors, some
lent to Mr. Cortellazzi I'argent and looked back in cash. Other
waiting for a return to action M45.
- - Mr Cortellazzi states have lost much money with M45. l
- It goes on to say that he has two options with M45 when
things started to go at worst (when the financial markets have
_ Collapsed).
- Either he continued to raise money from individuals for the tinancer
activities of the company, or it was setting up a "" stock play. " V
- Mr. Cortellazzi says that <<stock play "is a technique that has
atin promoter of a mandate to rapidly increase the title and be able to sell i
actions.
- Mr. Cortellazzi agrees Iorsque s'iI questions is a technique that
similar to the Pump & dump. '
- It states that this technique would have cost 20 to 30 million new shares
shares, and that | e would have had a short effect.
- He has not used this technique and, considering the search currently
course has its offices, he was very happy not to be used.
- About solicited investors, it shows IE | of individuals who were V
heard about what he did, through the <<word of mouth>>.
- Indicates that it was Mr. Cortellazzi, jusquka recently, a lot of money to these
individuals.
- Serge Ollu M45 and it would have taken would have made a new company, Neuro-Biotech. ll
said he was not involved in this transformation and be very satisfied with the
Serge Ollu work.
- Mr. Cortellazzi would have to sign Iettres release from its investors,
IE and | gave them the shares of Neuro-Biotech in exchange key debt.
Investors 1 and 2
16
- On 1 and 2 investors, Mr. Cortellazzi pretend they have not lost
aveclui money in that IE | still has to repay them.
- He explains that he solicits I'argent from these investors by specifying IE |
had complete discretion in managing their money Ia. Thus, he said, they
not investing in a specific product.
- He told them that He was able to give a yield of 20% to 30%, but
indicates they have not made any promises. _
- He adds that he received two of these investors I'argent cash, but mostly
checks. V
- On the path of the money collected from investors, he said
have regu Ie in I'argent account of his company, Proactive Computer Senzices,
I'a and that He transferred his brokerage account.
"When that Venqueteur of | 'Aut0rite IUI reported seeing the parts bank
iustificatives, and they indicate qu'eI | es have been collected in centers
collection, Mr. Cortellazzi responds `no longer remember.
- He said investors have lost I'argent 1 and 2. The steps were very
difficult since they have invested with him.
"Under their threats, it indicates that investors 1 and 2 have the power to hand
a letter of recognition of debt.
- He said they have repaid a portion of I'argent IE | IE and they should | plan
Ie always pay the rest.
- Mr. Cortellazzi like to point out he was the victim of threats and cfharcelement Ia
from these two investors have filed three police complaints Ia in this direction.
- Although IAS | admits having raised funds from investors quebecois,
Mr. Cortellazzi precise Ie have completely stopped making for over a year.
- It shows regret I'avoir done and it was destroyed. Mr. Cortellazzi admits
. thinking about suicide aoCit in 2009 with the constant calls and before dinvestisseurs
Ie is IE | was made penniless. It would then <<button Ie bottom of the barrel "and would
stop its activities from private investment.
- It adds that to raise money from individuals was a mistake.
that <<it does not work>>.
59. The analysis of documents seized IORS searches of September 8, 2010 and the
Subsequent investigative steps allowed connrmer | existence of a scheme
manipulation Neuro-Biotech titles including the following;
- The agenda of a meeting for Neuro-Biotech Ie G forecasted in December 2009 has
Quebec has an item on a schedule for press release
be published on the activities of Neuro-Biotech.
17
- The agenda includes topics for several municipalities _de press ahead. A
expects to issue orders in advance the subject of press releases and dates
which they will be published.
- According to the report, thirty-two (32) press releases for Neuro-
Biotech Ie will be published between January 8, 2010 and July 30, 2010. In the notes
also joined the handwritten document, reference is made to the strategies of
PR will adjust according to market response.
- In a Press release issued January 25, 2011, Neuro-Biotech Announces
the signing of a Iettre of intent with Sigma-Aldrich, a
company whose head office is in Israel.
- Following this publication, a representative of Sigma-Aldrich has sent a letter
Neuro-Biotech ELECTRONIC so that IUI provides Ie name of person with whom Ia
it was in contact because he had no recollection of discussions that may have
arise between the two companies. .
- Neuro-Biotech indicates that Ia Iaquelle person she was in contact is
Mr. Mcel | igott. According Ie representative of Sigma-A | Friedrich, that person is no longer
al'empIoi of the company since February 2007.
- In a press release of Neuro-Biotech dated April 6, 2011, is made
mention that a company representative had met a Russian deputy minister
a | occasion of the <<Quebec / Russia Innovations Forum>> held in Montreal March 28
2011. V
- Harsh truth with the Ministry of Economic Development,
Innovation and | Export Trade, Directorate Europe - Desk Germany, Europe
Central and Eastern Ie 8 April 2011, it appears that no one Neuro "Biotech
has participated in meetings with the Russian delegation. A
- In addition, Ie July 13, 2010, Neuro-Biotech has announced its subsidiary Neuro-
Biotech Lab Canada Inc. in Montreal. _
- Although that He appears as president and director of the company The Lab
Neuro-Biotech Canada inc. the REQ, Abdelkrim Louze told of Venquéteur
Authority, Ie 5 aoife 2010, IE | never agrees to hold such positions.
- Mr. Louze a security guard for the agency Garda I'aeroport Dorval.
- When advised that his name appears as president, sole director and V
Secretary of Neuro-Biotech Lab Canada lnc. report ClDREQ registry
companies, indicates that Ia Iequel company is registered since July 15,
Mr. Louze was surprised to be appointed to these titles since he never though SIGNED
soitqll this does not know who submitted this information.
18
D. The EGM
60. In search of Ia 8, September 2010, investigators seized a I'Autorite
document entitled <<90 days operationalist plan "prepared by Investment for Traders
EGM, Iequel describes the stages of the scheme to manipulate shares of EGM.
G1., This document must include the following 1
"The procedure for issuing and Motorized Vactionnariat.
- Individuals in-| 'through which I'actionnariat be gone.
- The timing and manner in which promotion takes Ia.
- The issuance of shares to the shareholders of EGM Contrelle is shared among
some leaders of EGM and other individuals associated with them namely:
I. A Daniel Pauze
ii. Martin Harvey
iii. Patrick Lessard
iv. Nicolas Matossian
v. Investment Traders
vi. Yannick Lessard & other I
62. Regarding the promotion of acti0n EGM, ceIIe it is divided into three stages:
• The investor relations firm and a group of 20 Promotion Starts Ie
May 2009 and have a goal to bring the price of acti0n at 0.12 with 55/action
an average volume of 300,000 shares parjourjusqu'au June.
- From early June to late ao0t, a second group will promote
Ie the goal of bringing prices Faction between $ 0.25 and $ 0.39.
- Between May 20 and June 21, an average of two press releases by
planitiee week and will be supported by a communications program
shareholders, through publications and Hnanciers states.
53. Checks I'Autorite investigators have confirmed that the site
wvwvpennystockchaser, old opera by Downshire, has promoted the title
EGM Ia signincation before the decision of the Bureau on June 25, 2010.
64. In parallel to the steps above. mentioned, Ie action plan provides for a EGM
scenario for the acquisition of mining properties for Ia period beginning in May 2009.
65. In this regard, investigators | 'Authorities also seized during the search Ia
September 8, 2010, contracts for the acquisition of properties between minleres intenrenus EGM,
Capital Inc. and Castellane. (Jean-Sebastien Ollu, president), between EGM and Investment
Traders (Dominic Gingras, president), between EGM and 9198-8208 Quebec inc. (Annie
Lacasse, President having powers of attorney at Dominic Gingras) and tinal between
V EGM and Denyse Raynault (joint Serge Ollu).
19
66. These contracts are signed by the following persons, 4 '
- The purchase agreement reached between mining properties and EGM Capital
Inc. Castellane. is signed by Jacques Vallee (for EGM) and Jean-Sebastien Ollu
(For Castellane Capital inc.).
- The contract to acquire mining properties made between 9157-0945 and EGM
Québec inc. signed by Daniel Pauze (for EGM) and Dominic Gingras (for 9157 -
0945 Quebec inc.)
- The contract to acquire mining properties made between 9198-6208 and EGM
Québec inc. signed by Daniel Pauze (for EGM) and Patrick Gagné (for 9198 -
6208 Québec inc.)
- The contract to acquire mining properties reached between EGM and Denyse
Raynault is signed by Daniel Pauze (for EGM) and Denyse Raynault.
67. These contracts include the sale of mining rights in share issues contreparlie
of EGM Capital Inc. Castellane. (Jean-Sebastien Ollu, president), Investment Traders
(Dominic Gingras, president), 9198-6208 Québec inc. (Annie Lacasse, President having
has given a proxy Dominic Gingras) and Denyse Raynault (joint Serge Ollu).
68. The shares obtained by the previously mentioned companies are transferred to
several people, including Downshire Capital Inc.., Magma Drilling, Xavier
DeMontigny, Salvatore Brunetti, Michel Lebeuf, Patrick Gagné, 935063 Alberta Ltd., Michael
D'Amico, Jean-Sebastien Ollu, Marc-AIexandre Ollu and Marie-Christine Raynau | t-OIIu.
69. The analysis of stock trading in the reports revealed that MICA
those mentioned above as well as those involved in the scheme of
Ie have compromised on handling as EGM;
70. This analysis also reveals that the stock transactions were made a
same number of brokerage accounts identified in the attached table A;
71. Specifically, Downshire Capital Inc.., Magma Drilling, Xavier DeMontigriy, Salvatore
Brunetti, Michel Lebeuf, Patrick Gagné, 935063 Alberta Ltd., Michael D'Amico, Jean-_
Sébastien Ollu, Marc-Alexandre Ollu, Marie-Christine Raynault-Ollu, Jecemar lmmobilier
inc. (A company has IIEE Martin Harvey) Harvey Martin, Dominic Gingras, Daniel Pauze,
Denyse Raynault, Patrick Lessard, Investment Trader & Associates,
72. The shares obtained by the previously mentioned companies are transferred to
~ Iiées several people, namely Denyse Raynault, Jean-Sebastien Ollu, Marc-
Ollu Alexandre, Marie-Chiristine Ollu, Xavier DeMontigny, Magma Drilling inc. Michel
`Lebeuf and Salvatore Brunetti.
73. The analysis of stock trading in the reports revealed that MICA
many of these people have compromised on Ie as EGM.
• 20
74. Yannick Lessard, | one of those involved in the scheme, has sent
emails which demonstrate his knowledge of the scheme:
- An email from Yannick Lessard saying it is now
millionaire by referring to its investment in EGM. It mentions that EGM is
increased from $ 0.08 to $ 0.35
- An email from an investor Yannick Lessard IUI indicating that this
last <<this stock will explode "and that, with reference at EGM.
~ An email from Yannick Lessard investors mentioning IE |
has been wronged and par'Serge Ollu Cortellazzi for EGM, but IE | n'entrevoit
not take aggressive action Because I | is aware of a plan to
EGM back.
75. January 20, 2011, investigators | Authority have asked Serge Ollu. The latter was
mention the following:
- Daniel Ryan makes Ia stock manipulation by sending millions of emails
to raise the <<stock. "
"Jean-Francois Amyot Ia is same thing that Daniel Ryan. He never spoke at
Jean-Fran <; ois Amyot. He met Daniel Ryan once or twice while working
Ia on Peel Street with Michael DeMontigny.
- Castellane Capital inc., Which is controlled by Serge Ollu, sold a mining
EGM and received in return shares of EGM. These came from mining
Andrea Cortellazzi.
- Serge Ollu Ia negotiates a sale of the mining and Michel DeMontigny
President of I'epoque in EGM or Martin Han / ey.
- Following the sale of these securities from mining Ia Capital Castellane, Michel
DeMontigny asked Serge Ollu to transfer shares held by EGM
`Capital Castellane several individuals. _
- Serge Ollu has agreed to transfer the shares IE | regu result was at the sale of
mining because it regu all kinds of pressure.
- Serge Ollu transferred its shares in EGM Michel Lebeuf because Andrea Cortellazzi IUI
owed legal fees. A request at Michel Lebeuf Serge Ollu of IUI
transfer on his own behalf.
- • Miche | DeMontigny also asked at Serge Ollu to transfer shares of EGM
has its Tilsit, Xavier DeMontigny, a Magma Drilling and Salvatore Brunetti.
- Salvatore Brunetti DeMontigny works with the offices of Peel Street. V
- Serge Ollu gave his shares in EGM to have peace.
• 21
76. September 30, 2010 | 'Authority received a complaint from the investor 5 za against
Yannick Lessard. _
77. Investors blame a 5 Yannick Lessard to have led to invest $ 40 OOO and
complained about his lncapacity Ie a refund.
78. Among the elements in support of its complaint, Finvestisseur 5 presented to the authority of
. recordings of telephone conversations he had with Yannick Lessard and
that e-mails with it.
79. These phone records took place on July 2, 2010, September 8, 2010,
September 16, 2010 and September 20, 2010 Ie.
80. These conversations show the following 1
- Yannick Lessard says IE | a need for developers to create volume and
Ia suite by selling shares in order to pay it back.
- The promoters are paid in shares and the latter being in Fimpossibilite
to obtain the lifting of Ia escrow period IIEE actions of U-Mining, they
can not start promoting.
- The services of lawyers are selected to obtain Ia lifting of the period
Escrow shares.
- Serge Ollu Ia was successful promotion of HE-5.
- After Ia promoting ET-5, was scheduled to start the U-Mining.
- Yannick Lessard witnessed Benetice and promotion of the EGM was lorsqu'iI
Office de Cortellazzi. The share price rose from $ 0.08 to $ 0.40. It has a
proti $ 35 000 in two weeks.
- Yannick Lessard evaluate the possibility of al | er to notify the authorities and
everyone involved.
- Yannick Lessard participated at Fopération on the promotion of EGL \ / I and received
2 million shares for aidéau funding for this operation.
- Yannick Lessard says he could not know qu'EGM, which is listed on
TSX, was a shell subject to fraud.
E. Another element
B1. In December 2008, the Team Integrated Market Enforcement (the after
<<ElPIVIF ") began a criminal investigation with the name <<Crossroads Project."
IA 82. The investigation of a particular ElPMF demonstrated the existence of a scheme of manipulation
market in Iequel Gerald Parkin was involved.
22
83. Gerald Parkin is president of International Ltd Monimpex., A company like
mandate to assist companies so that they are side by Ia scholarship. .
84. On 7 December 2009, the Bureau delivered a block, a cease trade
values, a ban has to act as adviser and a measure to
Ie Ia ensure compliance at law against several people including Gerald Parkin
International Ltd and Monimpex .-
85. The Authority has taken Ie part of the survey project on Carrefour and Gerald Parkin
Monimpex International Ltd. and is currently investigating this subject. •
86. Within the framework of this investigation, an investigator of the Authority seized under a warrant
search, several documents | IMET had e | the own seized under a
search warrant, within the framework of criminal Fenquéte Project Crossroads.
87. But Ilanalyse documents seized by the Aut0rité demonstrate links between particular
Gerald Parkin / Monimpex International Ltd., Jean-Francois Amyot and Daniel Ryan.
88. These documents indicate that Mr. Parkin was working with Jean-Francois
- _ Daniel Amyot and Ryan to find dormant companies, either <<shells "
ahn get them on the stock exchange and Ia suite to promote these companies.
Mr Parkin was paid in shares of companies IE | causing it to be listed on the
scholarship. •
F. Conclusions
89. Testimony and evidence gathered within the framework of the Venquéte
I'Autorité Ia show the presence of a network that has developed a scheme to
manipulate the securities of the companies Wanderport, Neuro-Biotech and EGM.
90. Specifically, they use a network of associates and brokerage accounts of ann
deal in securities of companies whose securities are manipulated to create artificially
a transaction volume.
91. Simultaneously, the promoters of services such as equities IAB, and Hilbroy
Downshire atin are retained to promote corporate securities from investors
potential.
92. The evidence indicates that the following individuals are or were involved in this
stratagem;
A Michel DeMontigny
- John Amyot Frang0is
- Serge Ollu
_ - Andrea Conellazzi
- Yannick Lessard
- Dominic Gingras
- Jean-Sebastien Ollu
- Denyse Raynault
- Jacques Vallée
• Patrick Gagne `
23
- Stéphane rrécneue
- Daniel Ryan `
- Carol McKeown
- Andrew Barakett
- Martin Harvey _
- Patrick Lessard
- Nicolas Matossian _
- Daniel Pauze
93. Entin, the evidence also shows that Andrea vCorteIlazzi collected money from
of Quebec investors by promising them shares of both companies, putting
and | 'brokerage activities without registration.
III ORDERS SOUGHT
. 94. A Ia Iumiere facts mentioned above, I'Autorite a reasonable and
probable cause to believe that the respondents are involved in various capacities, has activities
Organized Ia handling during diflerent titles and IE | s benefit from these
organized activities, to the detriment of investors.
95. These unfair and abusive acts including causing harm to investors
carry out transactions in securities based on news releases Ia
release or the recommendations contained in the websites held by
IAB. •
96. These acts also unfair and abusive cause injury to stock markets
Canadian and U.S. as they call into question their integrity and destroy Ia
investor confidence in general.
97. The Authority therefore requests for investor protection Ia, | 'integral grit and work
| Public interest, that Ie Bureau pronounces the prohibition orders and blocking
sought in this application.
98. The Authority also asked for the protection of investors and the | interest of
public, Ie Office issued orders for closure of Ia websites
held by IAB. -
99. In addition, it is necessary to Ia investor protection and public order,
Ia decision that the Bureau will decide on Ia presents soil application filed at the Registry
Ia Superior Court of the District of Montreal.
100. The Authority has reasonable and probable grounds that the respondents' activities is
go on the date hereof.
101. Without an immediate decision of the Bureau, it is feared, among other things, that the activities
intimates continue to the detriment of savers aii.
102. It is therefore imperative to protect the public and Ia I'inte-grit of the market Ie Bureau
makes its decision without a prior hearing, in accordance with 115.9 of the Arctic LAMF Ia.
. 24
THEREFORE, plaintiff requests the Bureau decision and revision in
under Articles 93, 94 and 115.9 and 115.12 of Ia Act I'Autorité of financial markets,
RSQ, c. A-33.2, articles 249, 265, 266 of the Securities Act, RSQ, c.
V-1.1, and Article 16 of the Procedural Regulations of the Board decision and
revision, c. V-1.1, R.0.1.3
Claims for the prescriptions of grononcé interdicti0n
On lNTERDlRE any activity on the values of excess | Gold Mining, Neuro-Biotech
inc., Wanderport Corp. -
On INTERDlRE the respondents to Excel Gold Mining, Neuro-Biotech inc., Wanderport
Corp., 9157-0945 Quebec inc. (Doing business as Iin _ Investment Traders
& Associates inc.) IAB Media inc., Tips Hilbroy inc., Castellane Capital inc.,
Proactive Computer Services, 9198-6208 Québec inc., 935063 Alberta ltd.
6570542 Canada inc., Jecemar Immobiller inc. Jean-Francois Amyot, Andrea
Cortellazzi, Serge Ollu, Andrew Barakett, Michel DeMontigny, Dominic Gingras
Harvey Martin, Yannick Lessard Patrick Lessard, Nicolas Matossian, Daniel
Pauze, Patrick Gagne, Michael D'Amico, Jacques Vallee, and Stephane Frechette
Jean-Sebastien Ollu any activity for any operation on etfectuer valeursg
On lNTERD | RE intimate with Magma Drilling, Xavier DeMontigny, Salvatore
Brunetti, Michel Lebeuf, Marc-Andre Ollu, Marie-Christine Ollu and Denyse
Raynault any activity to effect any transaction in securities on the securities
ExceI of Gold Mining;
In the intimate lNTERDlRE IAB Media inc., Tips Hilbroy inc., Jean-Francois
Amyot exercise I'activité adviser has defined as the Arctic | e 5 of the Securities Act;
Claim for the imposition of blocking orclonnance
To order InvestDirect, not to dispose of funds, securities or
other property, qu'eIIe on deposit or under its custody or Ia Ie control in
"Ie account or Daniel Pauze, especially in the following account Ie;
6Y67F9E;
To order BMO Nesbitt Burns, not to dispose of funds, securities or
other property, whether | Others on deposit or under its custody or Ia Ie control in
or on behalf of Daniel Pauze and Harvey Martin, especially in
• Accounts as follows: 3351622620 3352345627 and;
To order CIBC WoodGundy, not to dispose of funds, securities or
other goods, as e | | Others on deposit or under its custody or Ia Ie control in
or on behalf of 935063 Alberta Ltd. and Nicholas Matossian, including
in the following account 1 3103496026;
To order BMO acti0n, not to dispose of funds, securities or
other goods, as e | | Others on deposit or under its custody or control in
Ie account or Jean-Sebastien Ollu, Dominique and Patrick Gingras
Lessard particularly in the following accounts: Z206183614, Z161352113,
25
2160264814, Z154853218, 2153304718, 2153246513, 2151353410,
2146444514 and 2154902114;
To order National Bank Financial, not to dispose of funds,
securities or other property, it has dépéi or under its custody or control of Ia
Ie in the name or behalf of 9157-0945 Quebec inc. or Investment & Traders
Dominique Gingras and Associates, including the following account:
1B8BK5A;
TO ORDER Desjardins Securities inc., Not to dispose of
V shares of Excel Gold Mining, it has dépét or under its custody or
control behalf or on behalf of Xavier DeMontigny, including clans Ie
following account: 64ATDA3;
To order Industrial Alliance Securities, not to depaitir
securities of Gold Mining ExceI it on deposit or under its custody or
control in the name or account Magma Drilling Ie, Ie including
following account; 3EW686A;
To order Canaccord Genuity, not to dispose of
E titles> <IEC Gold Mining in her deposit or under its custody or
control `in the name or account Ie Michel Lebeuf, especially in the
following account: 58F857A1;
TO ORDER at RBC Direct Investing Inc.., Not to dispose of
Excel Gold Mining securities it has on deposit or under its custody or Ia Ie
control in the name or account Ie Ollu Marie-Christine and Salvatore
Brunetti, especially in the following accounts and 6824468315 1 6873224114;
To order TD Waterhouse Canada Inc.., De.ne not dispose of securities
ExceI of Gold Mining in dépét it or under its custody or control of Ia in
name or on behalf of Marc-Alexandre Ollu, including Ie account
following: 577B52A;:
Other findings
DECLARED by virtue of Article 115.9 of the Act / 34ut0rité steps
Hnanciers Ia decision that the Office decision and revision comes into force
without a prior hearing and give the parties an opportunity to be heard in
a period of fifteen (15) days;
Direct the respondents IAB Media Inc., Consulting Hilbroy inc. and Jean-
Francois Amyot to proceed at the closing of the following websites 1
- Itsallbullnet
- Pennystockryder.com
- Hypergrovvthstockcom ~
- Stocl <picksthatmove.net -
• - Simonsaysstocksnet
- Pennystocksocietyhet
26
- Pennystockpariynet
within 24 hours of service of Ie Ia Ia decision é intervene
this application;
AUTHOR OF | SER, if any, Ie depéf the clerk of the Superior Court Ia
Montreal district of Ia decision to intervene;
TO AUTHORIZE ia ia significance of decision have to be made present in IE
File respondents Neuro-Biotech Inc. and Wanderport Corp. Ie by means of a
press release posted on Ie website of I'Autorite
financial markets.
TO AUTHORIZE Ia Ia meaning of decision to be rendered in IE present
file to the defendants. Ie by means of a significance of e Vattention
persons mentioned in tabie A, and set out in that same Vadresse
Tabie. "
Fact: 21 Montreal, Ie 29 June 2011. "
4 / / 7 / /
'/' / - IVj
GLRA `R'D ET AL.
. Attorneys i'Autorite of financial markets
COPY CO _form
by "` \ - {JW __
Office and do d `ion _
"` Revision
> AFFIDAVIT
I, David Gallant, exergy at 800 Victoria Square, 22ié "° floor in Ia City
and the District of Montreal, solemnly affirm as follows 1
- I am investigator Hnanciers Markets Authority.
- I Venquéteur assigned to this case. V
All the facts alleged there was Ia this application is true. V
IN ow ouoi Fon, J • Ai signed in Montreal,
This June 29, 2011.
A,. _V, Vf
'. "-4 4 / / ~ i § '" {y; "
David Gallaht
E `me Afhrmé solennellementdevant CO FORM
. . . by / `LXK, / 4, q / ll V
l 29 201. ,
M rs ¤ ¤ ¤ * * 1 C6 wm Office of Ion and ds
6,,, _ `revision '~ •
"W i,
Commissioner lassermentation year Qwéguébe in.