TH E MAN ITO SA SECURITIES COMMISSION IN THE MATTER OF: THE SECURITIES ACT IN THE MATTER OF: EVERETT CONRAD STATEMENT OF ALLEGATIONS OF STAFF OF THE MANITOBA SECURITIES COMMISSION STAFF OF THE MANITOBA SECURITIES COMMISSION ALLEGE, AMONG OTHER THINGS, THAT: A. STATEMENT OF FACTS 1. Everett Conrad ("CONRAD") is not now and never has been registered to trade in securities under The Securities Act of Manitoba ("Act"). 2. On November 24, 2005, charges Provincial Court of Manitoba offences contrary to section 136(1 )(c) of the Act. 3. On January 18, 2007, guilty pleas were entered to 24 of the above referred to counts, following which the remaining four counts were stayed. 4. The counts to which CONRAD trading without registration counts of trading without prospectus contrary to section 37(1) of the Act as set out below: COUNT 1 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the Town of Warren, of Manitoba, did trade in securities to Chris Riddell, to wit: Inc. for consideration of $5,000.00 contrary to Section 6(1) of The pursuant to Section 136(1)(c) of The Securities Act. SO()-4()(1 St. Mary Avenu", WinniVl'J.I, M,mitollil -and-were laid against CONRAD in the ("Court") consisting of 28 counts for in Court by CONRAD pled guilty consisted of 14 counts of contrary to section 6(1) of the Act and 10 1 st day of December, 2001 and the 28 th day of in the Province shares of 3948731 Canada while not registered under The Securities Act, Securities Act, and did thereby commit an offence R3C 4K5 lei: (204) 'HS.2548 (ax: (204) 945.0330 \4,"\vw.msc./olQV.mb.t"'il
COUNT 2 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the Town of Warren, of Manitoba, did trade in securities Canada Inc. for consideration of $5,000.00 while not registered under The Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) ofThe Securities Act. COUNT 3 EVERETT CONRAD, between the August, 2002, both dates inclusive, at or near the Town of Warren, in the Province of Manitoba, did trade in securities to Chris Riddell, to wit: & MINERALS INC. for consideration Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. COUNT 4 EVERETT CONRAD, between the March, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities Canada Inc. for consideration of $10,000.00 while not registered under The Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) of The Securities Act. COUNT 5 EVERETT CONRAD, between the March, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities to Jason Boyd, to wit: Inc. for consideration of $5,000.00 contrary to Section 6(1) of The Securities Act, pursuant to Section 136(1 )(c) of The Securities Act. COUNT 6 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the City of Selkirk, Manitoba, did trade in securities to Randy Saluk, to wit: Inc. for consideration of $5,000.00 contrary to Section 6(1) of The Securities Act, pursuant to Section 136(1)(c) of The Securities Act. COUNT 7 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the City of Selkirk, Manitoba, did trade in securities to Eleanor Saluk, to wit: Inc. for consideration of $5,000.00 contrary to Section 6(1) of The Securities Act, pursuant to Section 136(1)(c) of The Securities Act. COUNT 8 EVERETT CONRAD, between the 1 2002, both dates inclusive, at or Manitoba, did trade in securities to James Bially, to wit: Inc. for consideration of $10,000.00 while contrary to Section 6(1) of The Securities Act, pursuant to Section 136(1)(c) of The Securities Act. Page 2 1 st day of December, 2001 and the 28 th day of in the Province to Helen Riddell, to wit: shares of 3948731 1 st day of December, 2001 and the 31 st day of shares of ECO AGE METALS of $45,000.00 while not registered under The 1 st day of December, 2001 and the 31 st day of in the Province of to Jason Hildebrand, to wit: shares of 3948731 1 st day of December, 2001 and the 31 st day of in the Province of shares of 3948731 Canada while not registered under The Securities Act, and did thereby commit an offence 1 st day of January, 2002 and the 28 th day of in the Province of shares of 3948731 Canada while not registered under The Securities Act, and did thereby commit an offence 1 st day of January, 2002 and the 28 th day of in the Province of shares of 3948731 Canada while not registered under The Securities Act, and did thereby commit an offence st day of January, 2002 and the 31 st day of March, near the City of Winnipeg, in the Province of shares of 3948731 Canada not registered under The Securities Act, and did thereby commit an offence
COUNT 9 EVERETT CONRAD, between the August, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities to AGE METALS & MINERALS INC. for consideration of $2,500.00 while not registered under The Securities Act, contrary thereby commit an offence pursuant to Section 136(1)(c) of The Securities Act. COUNT 10 EVERETT CONRAD, between the 1 2002, both dates inclusive, at or Manitoba, did trade in securities Canada Inc. for consideration of $10,000.00 while not registered under The Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. COUNT 11 EVERETT CONRAD, between the December, 2002, both dates inclusive, at or near the City of Winnipeg, in the Province of Manitoba, did trade in securities to Valerie Canada Inc. for consideration of $5,000.00 while not registered under The Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) ofThe Securities Act. COUNT 12 EVERETT CONRAD, between the December, 2002, both dates inclusive, at or near the City of Winnipeg, in the Province of Manitoba, did trade in securities Canada Inc. for consideration of $10,000.00 while not registered under The Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) ofThe Securities Act. COUNT 13 EVERETT CONRAD, between the December, 2002, both dates inclusive, at or near the City of Winnipeg, in the Province of Manitoba, did trade in securities 3948731 Canada Inc. for consideration registered under The Securities Act, and did thereby commit an offence pursuant to Section Act. COUNT 14 EVERETT CONRAD, between the December, 2002, both dates inclusive, at or near the City of Winnipeg, in the Province of Manitoba, did trade in securities 3948731 Canada Inc. for consideration of $5,000.00 while not registered Securities Act, contrary to Section 6(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. COUNT 15 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the Town of Warren, of Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Chris Page 3 1 st day of January, 2002 and the 31 st day of in the Province of Henry and Helen Bially, to wit: shares of ECO to Section 6(1) of The Securities Act, and did st day of January, 2002 and the 31 st day of March, near the City of Winnipeg, in the Province of to Fern Kostelnick, to wit: shares of 3948731 1 st day of January, 2002 and the 31 st day of Kostelnick, to wit: shares of 3948731 1 st day of January, 2002 and the 31 st day of to Fern Kostelnick, to wit: shares of 3948731 1 st day of January, 2002 and the 31 st day of to Fern Kostelnick, to wit: 38,400 shares of of approximately $28,800.00 while not contrary to Section 6(1) of The Securities Act, 136(1 )(c) of The Securities 1 st day of January, 2002 and the 31 st day of to Valerie Kostelnick, to wit: 7,100 shares of under The 1 st day of December, 2001 and the 28 th day of in the Province prospectus and a prospectus had been shares of Riddell for consideration of $5,000.00 contrary to
Section 37(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) of The Securities Act. COUNT 16 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the Town of Warren, in the Province of Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Helen Section 37(1) of The Securities Act, Section 136(1 )(c) of The Securities Act. COUNT 17 EVERETT CONRAD, between the August, 2002, both dates inclusive, at or near the Town of Warren, Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: ECO AGE METALS & MINERALS $45,000.00 contrary to Section 37(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. COUNT 18 EVERETT CONRAD, between the March, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Jason Hildebrand for consideration of $10,000.00 contrary Section 37(1) of The Securities Act, Section 136(1 )(c) of The Securities Act. COUNT 19 EVERETT CONRAD, between the March, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Jason Section 37(1) of The Securities Act, Section 136(1 )(c) of The Securities Act. COUNT 20 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the City of Selkirk, in the Province of Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Randy Section 37(1) of The Securities Act, Section 136(1 )(c) of The Securities Act. COUNT 21 EVERETT CONRAD, between the February, 2002, both dates inclusive, at or near the City of Selkirk, Manitoba, did trade in securities in the course of a primary distribution to the public, Page 4 1 st day of December, 2001 and the 28 th day of prospectus and a prospectus had been shares of Riddell for consideration of $5,000.00 contrary to and did thereby commit an offence pursuant to 1 st day of December, 2001 and the 31 st day of in the Province of prospectus and a prospectus had been shares of INC. to Chris Riddell for consideration of 1 st day of December, 2001 and the 31 st day of in the Province of prospectus and a prospectus had been shares of to and did thereby commit an offence pursuant to 1 st day of December, 2001 and the 31 st day of in the Province of prospectus and a prospectus had been shares of Boyd for consideration of $5,000.00 contrary to and did thereby commit an offence pursuant to 1 st day of January, 2002 and the 28 th day of prospectus and a prospectus had been shares of Saluk for consideration of $5,000.00 contrary to and did thereby commit an offence pursuant to 1st day of January, 2002 and the 28th day of in the Province of
before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Eleanor Section 37(1) of The Securities Act, Section 136(1 )(c) of The Securities Act. COUNT 22 EVERETT CONRAD, between the 1 2002, both dates inclusive, at or Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to James Section 37(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1)(c) of The Securities Act. COUNT 23 EVERETT CONRAD, between the August, 2002, both dates inclusive, at or near the City of Winnipeg, Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: ECO AGE METALS & MINERALS INC. to Henry and Helen Bially for consideration of $2,500.00 contrary to Section 37(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. COUNT 24 EVERETT CONRAD, between the 1 2002, both dates inclusive, at or Manitoba, did trade in securities in the course of a primary distribution to the public, before a receipt for both a preliminary obtained from the Director of The Manitoba Securities Commission, to wit: 3948731 Canada Inc. to Fern Kostelnick for consideration of $10,000.00 contrary to Section 37(1) of The Securities Act, and did thereby commit an offence pursuant to Section 136(1 )(c) of The Securities Act. ~".r 5. On April 4, 2007, the c urt sentence and imposed a sentence incarceration of six months, for 12 months with conditions $35,000.00 to be paid within six months of April 4, 2007. 6. None of the above referred to restitution has been paid by CONRAD. 7. The Director, Legal and Enforcement has received applications for claims for compensation for financial loss. The Director requests that compensation in amounts to be determined at or prior to the hearing. Page 5 prospectus and a prospectus had been shares of Saluk for consideration of $5,000.00 contrary to and did thereby commit an offence pursuant to st day of January, 2002 and the 31 st day of March, near the City of Winnipeg, in the Province of prospectus and a prospectus had been shares of Bially for consideration of $10,000.00 contrary to 1 st day of January, 2002 and the 31 st day of in the Province of prospectus and a prospectus had been shares of st day of January, 2002 and the 31 st day of March, near the City of Winnipeg, in the Province of prospectus and a prospectus had been shares of accepted a joint recommendation as to upon CONRAD of a period of followed by a supervised probation order including restitution in the amount of ("Director") of the Commission the Commission order financial loss
B. ALLEGATIONS 1. Staff of the Commission allege that due to these allegations, it is in the public interest that pursuant to cease traded, pursuant to subsection 19(5) of the Act CONRAD not be entitled to use any of the exemptions set out entitled to participate in the exempt markets in Manitoba in the future, and pursuant to section 148.2 of the Act CONRAD be ordered to pay compensation for financial loss. 2. Such further and other matters Commission may permit. DATED at Winnipeg, Manitoba this 17 TO: EVERETT CONRADPage 6 section 148 of the Act CONRAD be in the Act and not be as counsel may advise and the N day of October, 2008.
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