Enforcement Notice - IN THE MATTER OF Brian Andrew Malley and Christine Marie Malley - Motion Decision
CALGARY, Feb. 25, 2014 /CNW/ - Following a motion held on January 30, 2014, in Edmonton, Alberta, a Hearing Panel of the Investment Industry Regulatory Organization of Canada (IIROC) dismissed an application by Brian Andrew Malley and Christine Marie Malley for a stay of the IIROC proceedings, pending the final determination of the criminal proceedings against Brian Andrew Malley.
The Panel stated that it will give reasons for its decision in due course. The Hearing Panel's decision on the motion will be made available at www.iiroc.ca.
The motion relates to a disciplinary proceeding initiated against Brian and Christine Malley. The allegations are that Brian Andrew Malley has failed to cooperate with an IIROC investigation, failed to know the essential facts relative to twelve of his clients, made unsuitable recommendations to ten clients, and made discretionary trades in the accounts of seven clients, without having the accounts approved as discretionary accounts, and that Christine Marie Malley has failed to cooperate with an IIROC investigation and failed to exercise her supervisory responsibilities with respect to the accounts of twelve clients.
The Notice of Hearing which sets out the allegations is available at: http://docs.iiroc.ca/DisplayDocument.aspx?DocumentID=EBAC35B1DFBC4CEEBB9A00D772DF3C5C&Language=en
The disciplinary proceeding is scheduled for March 3 – 5, 2014, at The Sutton Place Hotel in Edmonton.
IIROC formally initiated the investigation into the conduct of Brian and Christine Malley in May 2012. The alleged violations occurred when he was a Registered Representative and she was a Branch Manager with the Red Deer branch of Assante Capital Management Ltd., an IIROC-regulated firm. Brian and Christine Malley are no longer registrants with an IIROC-regulated firm.
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
Enforcement Contact: Warren Funt, Vice President, Western Canada, 604 331-4750, [email protected]; Media Contact: Karen Archer, Senior Media and Public Affairs Specialist, 416 865-3046, [email protected]
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