Order: In the Matter of Vincent Ciccone and Cabo Catoche Corp. (a.k.a. Medra Corp. and Medra Corporation)
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF VINCENT CICCONE and CABO CATOCHE CORP. (a.k.a.
MEDRA CORP. and MEDRA CORPORATION)
(Sections 127 and 127.1 of the Securities Act)
WHEREAS on October 3, 2011, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on September 30, 2011, with respect to Vincent Ciccone (“Ciccone”) and Medra Corp.;
AND WHEREAS on May 3, 2012, the Commission issued an Amended Notice of Hearing in connection with an Amended Statement of Allegations filed by Staff on May 2, 2012, to amend the title of proceedings by replacing the name “Medra Corp.” with “Cabo Catoche Corp. (a.k.a Medra Corp. and Medra Corporation)” (collectively, “ Medra”);
AND WHEREAS on September 7, 2012, the Commission approved a Settlement Agreement between Staff and Ciccone;
AND WHEREAS a hearing on the merits in this matter was held before the Commission on September 5, 7, 13, and 20, 2012, October 9 and 19, 2012, November 8 and 29, 2012, December 19, 2013 and April 2, 2013 with respect to Medra (the “Merits Hearing”);
AND WHEREAS following the Merits Hearing, the Commission issued its Reasons and Decision with respect to the merits on June 18, 2013 (the “ Merits Decision”);
AND WHEREAS the Commission determined that Medra had not complied with Ontario securities law and had acted contrary to the public interest, as described in the Merits Decision;
AND WHEREAS on August 12, 2013, the Commission held a hearing with respect to the sanctions and costs to be imposed on Medra;
AND WHEREAS on December 17, 2013, the Commission released its Reasons and Decision on Sanctions and Costs with respect to Medra;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED that:
(a) pursuant to paragraph 2 of subsection 127(1) of the Act, Medra shall permanently cease trading securities;
(b) pursuant to paragraph 2.1 of subsection 127(1) of the Act, the acquisition of any securities by Medra shall be prohibited permanently;
(c) pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law shall not apply to Medra permanently;
(d) pursuant to paragraph 6 of subsection 127(1) of the Act, Medra is reprimanded;
(e) pursuant to paragraph 8.5 of subsection 127(1) of the Act, Medra shall be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
(f) pursuant to paragraph 9 of subsection 127(1) of the Act, Medra shall be required to pay an administrative penalty of $400,000 for its failure to comply with Ontario securities law, to be designated for allocation or use by the Commission, pursuant to subsection 3.4(2)(b) of the Act; and
(g) pursuant to subsections 127.1(1) and (2) of the Act, Medra shall be ordered to pay $69,528.75 for the costs of the Merits Hearing.
DATED at Toronto this 17thday of December, 2013.
Vern Krishna, C.M., Q.C.