MONTRÉAL, Feb. 7, 2012 /CNW/ - A Hearing Panel of the Investment
Industry Regulatory Organization of Canada (IIROC) has found that
Stéphane Rail obstructed an investigation conducted by the Investment
Dealers Association (IDA) (now IIROC), failed to use due diligence to
learn and remain informed of the essential facts relative to his client
and the person authorized on his client's account, and accepted
instructions from an unauthorized person.
The Hearing Panel's Decision and Reasons dated December 12, 2011 is
available at http://docs.iiroc.ca/DisplayDocument.aspx?DocumentID=D05C724CD12842B7B9D14A5EE73711C2&Language=en
Specifically, the Panel found that Mr. Rail committed the following:
on December 8, 2005 and on July 13, 2006, during examinations held by
IIROC staff, Mr. Rail violated IDA By-law 29.1 (now IIROC Rule 29.1) by obstructing an investigation conducted by the IDA (IIROC) when he
lied about the existence and/or involvement of a person in his client's
between September 1995 and April 2001, Mr. Rail violated IDA
Regulation 1300.1(a) (now IIROC Rule 1300.1(a)) by failing to use due diligence to learn and remain informed of the
essential facts relative to his client, namely the fact that the person
identified as being authorized on the account had been deceased since
between September 1995 and March 2001, Mr. Rail violated IDA
Regulation 200.1(i)(3) (now IIROC Rule 200.1(i)(3)) with respect to instructions on approximately 124 trades conducted in
his client's account which originated from an unauthorized person.
IIROC formally initiated the investigation into Mr. Rail's conduct in
November 2009. The violations occurred while he was a Registered
Representative at the Quebec City branch offices of TD Evergreen or
Canaccord Capital Inc., both IIROC-regulated firms. Mr. Rail is no
longer a registrant with an IIROC-regulated firm.
A separate hearing will be held to determine the penalties to be imposed
on Mr. Rail, the date of which will be made available at www.iiroc.ca. Documents related to ongoing IIROC enforcement proceedings - including
Reasons and Decisions of Hearing Panels - are posted on the IIROC
website as they become available. Click here to search and access all IIROC enforcement documents.
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IIROC is the national self-regulatory organization which oversees all
investment dealers and trading activity on debt and equity marketplaces
in Canada. Created in 2008 through the consolidation of the Investment
Dealers Association (IDA) of Canada and Market Regulation Services Inc.
(RS), IIROC sets high-quality regulatory and investment industry
standards, protects investors and strengthens market integrity while
maintaining efficient and competitive capital markets.
IIROC carries out its regulatory responsibilities through setting and
enforcing rules regarding the proficiency, business and financial
conduct of dealer firms and their registered employees and through
setting and enforcing market integrity rules regarding trading activity
on Canadian equity marketplaces.
IIROC investigates possible misconduct by its member firms and/or
individual registrants. It can bring disciplinary proceedings which may
result in penalties including fines, suspensions, permanent bars,
expulsion from membership, or termination of rights and privileges for
individuals and firms.
All information about disciplinary proceedings relating to current and
former member firms is available in the Enforcement section of the IIROC website. Background information regarding the
qualifications and disciplinary history, if any, of advisors currently
employed by IIROC-regulated firms is available free of charge through
the IIROC AdvisorReport service. Information on how to make investment dealer, advisor or
marketplace-related complaints is available by calling 1.877.442.4322.
SOURCE Investment Industry Regulatory Organization of Canada (IIROC) - General News
For further information:
Vice President, Québec
Director, Public Affairs