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IN THE MATTER OF: |
THE SECURITIES ACT |
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IN THE MATTER OF: |
PAUL AZEFF, KORIN BOBROW, MITCHELL FINKELSTEIN, HOWARD JEFFREY MILLER AND MAN KIN CHENG A.K.A. FRANCIS CHENG |
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission (“Commission”) will hold a public hearing (“Hearing”) at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Wednesday, the 16th day of December, 2015 commencing at 9:00 o’clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended (“Act”):
1. whether or not it is in the public interest to order, pursuant to section 148 of the Act, that Paul Azeff (“AZEFF”), Korin Bobrow (“BOBROW”), Mitchell Finkelstein (“FINKELSTEIN”), Howard Jeffrey MILLER (“MILLER”) and/or Man Kin Cheng also known as Francis Cheng (“CHENG”) be cease traded;
2. whether or not it is in the public interest to order, pursuant to section 19(5) of the Act, that:
(a) subsection 19(1) of the Act does not, with respect to such of the trades referred to in that section, apply to AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG;
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that section, apply to AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG;
3. whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that each of AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG resign from any position pursuant to clauses 7, 8.1 and 8.3 of subsection 127(1) of the Act, AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG shall resign from any position he may hold as a director or an officer of any reporting issuer, registrant or investment fund manager and/or any issuer that is a registrant, or that directly or indirectly holds more than five percent interest in a registrant;
4. whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that each of AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG be prohibited from becoming or acting as a director or officer of any reporting issuer, registrant or investment fund manager;
5. whether or not it is in the public interest to order, pursuant to section 8 of the Act, that each of AZEFF, BOBROW, FINKELSTEIN, MILLER and/or CHENG be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
6. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
By reason of an Order of the Ontario Securities Commission (“OSC”) dated August 24, 2015, to be filed, and such other material as staff counsel may advise and the panel may allow.
AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice.
AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain from the Director of the Commission at Room 500 – 400 St. Mary Avenue, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.
AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party’s absence and the Commission may make or give any decision or order as though that party were present.
DATED at Winnipeg, Manitoba this 29th day of October, 2015.
Deputy Director
TO: PAUL AZEFF
AND TO: KORIN BOBROW
AND TO: MITCHELL FINKELSTEIN
AND TO: HOWARD JEFFREY MILLER
AND TO: MAN KIN CHENG A.K.A. FRANCIS CHENG