TORONTO, July 30, 2012 /CNW/ - Following a disciplinary hearing held
from May 7th to June 1st, 2012, a Hearing Panel of the Investment Industry Regulatory
Organization of Canada (IIROC) in an oral decision made on July 23,
2012 found that Northern Securities Inc. ("NSI"), Victor Alboini, Fred
Vance and Douglas Chornoboy contravened several IIROC Dealer Member
Rules, as set out below.
The Hearing Panel's written reasons will follow.
A penalty hearing has been scheduled for October 11th, 2012, with the location to be announced once confirmed.
Specifically, the panel found that the Respondents committed the
Between August and November 2008, Mr. Alboini, as Ultimate Designated
Person and a Registered Representative at NSI, engaged in a trading
practice which improperly obtained access to credit for his client,
Jaguar Financial Corporation, and in doing so risked the capital of
both NSI and its carrying broker, thereby engaging in conduct
unbecoming or detrimental to the public interest, contrary to IIROC
Dealer Member Rule 29.1;
Between August and November 2008, Mr. Vance, as Chief Compliance
Officer, failed to adequately supervise Mr. Alboini's trading activity
involving Jaguar Financial Corporation and other NSI clients, contrary
to IIROC Dealer Member Rules 1300.1, 1300.2 and 2500;
From 2006 to 2010, NSI, Mr. Alboini, as Ultimate Designated Person, and
Mr. Vance, as Chief Compliance Officer, repeatedly failed to ensure
that NSI corrected deficiencies found in three business conduct
compliance reviews and one trading conduct review, thereby engaging in
conduct unbecoming or detrimental to the public interest, contrary to
IDA By law 29.1 and IIROC Dealer Member Rule 29.1; and,
NSI, Mr. Alboini as Ultimate Designated Person, and Mr. Chornoboy, as
Chief Financial Officer from February 2008 to February 2009, filed or
permitted to be filed inaccurate Monthly Financial Reports which failed
to account for leasehold improvement costs, thereby misstating NSI's
risk adjusted capital, contrary to IDA By law 17.2 and IIROC Dealer
Member Rule 17.2.
IIROC formally initiated the investigation into the Respondents' conduct
in April 2009. The violations occurred when the individuals were
registered with NSI, an IIROC-regulated firm. Mr. Chornoboy is no
longer a registrant with an IIROC-regulated firm. Mr. Alboini and Mr.
Vance continue to be IIROC registrants at NSI.
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 of Canada and Market Regulation Services Inc.,
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, Enforcement
Director, Public Affairs