THE MANITOBA THE SECURITIES ACT ) Order No. 6726 SECURITIES ) COMMISSION Sections 148, 19(5), and 148.3 ) May 29, 2013 MARCO DIADAMO WHEREAS: (A) On December 9, 2011 , the Ontario Securities Commission ("OSC") issued an order against Marco Diadamo ("OSC Order"); (B) On March 7, 2013, The Manitoba Securities Commission ("Commission") issued a Notice of Hearing ("Notice") giving notice of its intention to hold a hearing to consider whether or not it was in the public interest to grant orders pursuant to The Securities Act, R.S.M. 1988 c. S50 as amended ("Act") with respect to Marco Diadamo ("DIADAMO"); (C) On May 29, 2013, this hearing matter came before a panel of the Commission ; (D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission , no one appearing for the respondent, and upon reviewing the Affidavit of Service, filed , and being satisfied as to service upon the respondent, 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, DIADAMO cease trading in securities permanently. 2. THAT, pursuant to subsection 19(5) of the Act, subsection 19(1) of the Act, with respect to such of the trades referred to in that subsection , and subsection 19(2) of the Act, with respect to such of the securities referred to in that subsection , do not apply to DIADAMO permanently. 3. THAT, pursuant to section 148.3 of the Act, DIADAMO be prohibited permanently from becoming or acting as a director or officer of any issuer. 4. THAT, notwithstanding the provisions of the orders in paragraphs 1, 2, and 3 above, immediately following the Director of the Commission having received confirmation of full payment of the disgorgement order and administrative penalty order to the OSC as set out in the OSC Order, DIADAMO is permitted to trade for his own account, solely through a registered dealer or, as appropriate, a registered dealer in a foreign jurisdiction , which dealer must be given a copy of this order, in: 500-4{)(1 Si. Mary A~'\mu~, \\'innip1;~~ . M•initooo RJC 4KS tel: (20-1) 9 -,15 .2548 fax: (204) 94S .03JO www.mK.i;:ov.mb.t.<•
2 (a) any "exchange-traded security" or "foreign exchange-traded security" within the meaning of National Instrument 21-101 provided that he does not own beneficially or exercise control or direction over more than 5 percent of the voting or equity securities of the issuer(s) of any such securities; (b) any security issued by a mutual fund that is a reporting issuer and provided that DIADAMO provides staff of the MSC with the particulars of the accounts in which such trading is to occur, as soon as practicable before any trading in such accounts occurs, including the name of the registered dealer through which the trading will occur and the account numbers, and DIADAMO shall instruct the registered dealer to provide copies of all trade confirmation notices with respect to trading in the accounts directly to staff of the MSC at the same time that such notices are provided to him; or (c) any shares in a "private company" as defined in section 1 of the Act. BY ORDER OF THE COMMISSION Director
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