| THE SECURITIES ACT | ) |
Order No. 4154 |
) |
||
| Section 148 and 19(5) | ) |
June 5, 2003 |
Synergy Alliance, LLC; Synergy Alliance
Two, LLC; Synergy Alliance Fourteen, LLC; Synergy Alliance Group, LLC;
Synergy Capital Group, LLC; Synergy Equivest Group, LLC; Synergy Financial
Corporation; Synergy Investment Corporation, LLC; Larry W. Tanner;
Darin R. Knee; Billy Davis;
Gerald W. Blerot and Bruce Jeffrey Stewart
WHEREAS:
(A) By Order No. 4071 dated March 6, 2003, The Manitoba Securities Commission ("Commission") ordered, inter alia, that Order No. 4054 be extended such that, pursuant to section 148 and subsection 19(5) of The Securities Act ("Act"), the prohibition on trading in the securities of Synergy Alliance, LLC, Synergy Alliance Two, LLC, Synergy Alliance Fourteen, LLC, Synergy Alliance Group, LLC, Synergy Capital Group, LLC, Synergy Equivest Group, LLC, Synergy Financial Corporation, and Synergy Investment Corporation, LLC (collectively referred to as "Synergy Alliance") and the denial of exemptions as to Larry W. Tanner ("Tanner"), Darin R. Knee ("Knee"), and Billy Davis ("Davis") be extended for a period commencing March 5, 2003 and continuing up to and including June 4, 2003 and, pursuant to subsection 19(5) of the Act, the denial of exemptions as to Gerald W. Blerot ("Blerot") and Bruce Jeffrey Stewart ("Stewart") be extended indefinitely from and inclusive of March 5, 2003;
(B) By Order No. 4071, the Commission further ordered that the matter as to Synergy Alliance, Tanner, Knee, and Davis be next returnable on June 4, 2003 at 9:00 a.m.;
(C) On June 4, 2003, the Commission heard from counsel for staff of the Commission and from the respondents with Tanner appearing via teleconference on behalf of himself, Synergy Alliance, Knee, and Davis and with Blerot and Stewart appearing in person;
(D) Upon noting the consent of Tanner, for himself, Synergy Alliance, Knee and Davis, to the making of this order as it applies to all of the foregoing respondents, upon noting the consent of Stewart to the making of this order as it applies to himself, and upon noting the consent of counsel for staff of the Commission, and furthermore upon hearing the submissions of Blerot and of counsel for staff of the Commission, the Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT, pursuant to section 148 of the Act, the prohibition on trading in the securities of Synergy Alliance imposed by Order No. 4054 and extended by Order No. 4071 be extended for a period commencing June 4, 2003 and continuing up to and including August 22, 2003.
2. THAT, pursuant to subsection 19(5) of the Act, the provision that:
(a) subsections 19(1) and 19(3) of the Act do not, with respect to such of the trades referred to in those subsections, apply to Tanner, Knee, and Davis; and
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that subsection, apply to Tanner, Knee, and Davis,
as imposed by Order No. 4054 and extended by Order No. 4071 be extended for a period commencing June 4, 2003 and continuing up to and including August 22, 2003.
3. THAT, pursuant to subsection 19(5) of the Act, the provision that:
(a) subsections 19(1) and 19(3) of the Act do not, with respect to such of the trades referred to in those subsections, apply to Stewart; and
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that subsection, apply to Stewart,
as imposed by Order No. 4054 and extended by Order No. 4071 be varied such that in paragraph 5 of Order No. 4071 the word "indefinitely" be deleted and substituted with: "up to and including August 22, 2003".
4. THAT, pursuant to subsection 19(5) of the Act, the provision that:
(a) subsections 19(1) and 19(3) of the Act do not, with respect to such of the trades referred to in those subsections, apply to Blerot; and
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that subsection, apply to Blerot,
as imposed by Order No. 4054 and extended by Order No. 4071 be varied such that in paragraph 6 of Order No. 4071 the word "indefinitely" be deleted and substituted with: "up to and including August 22, 2003".
5. THAT, this matter as it pertains to Synergy Alliance, Tanner, Knee, Davis, Blerot, and Stewart be set for full hearing on August 21st and 22nd, 2003 at 9:00 a.m., subject to the panel confirming the availability of its members.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement