| THE SECURITIES ACT | ) |
Order No. 6112 |
) |
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| Section 148, 148.3 and 19(5) | ) |
April 22, 2010 |
TOLAN SHIGEO FURUSHO
WHEREAS:
(A) On October 9, 2007, the Alberta Securities Commission ("ASC") issued a decision ("ASC Decision") against Tracy Lee Kroeker ("KROEKER"), Tolan Shigeo Furusho ("FURUSHO"), and Beverly Kamerling ("KAMERLING");
(B) On July 29, 2008, 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 KROEKER, FURUSHO, and/or KAMERLING;
(C) On September 17, 2008, the hearing as against KAMERLING and KROEKER proceeded before a panel of the Commission and as against FURUSHO was adjourned to a date to be announced, service not having been effected on him, as confirmed by Order No. 5772 issued that same day;
(D) On April 21, 2010, this hearing as against FURUSHO once again came before a panel of the Commission;
(E) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for the respondent FURUSHO, and upon reviewing the Sheriff’s Return of Service from Pierce County, filed, and being satisfied as to service upon the respondent FURUSHO, 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, FURUSHO cease trading in securities and that furthermore 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 FURUSHO until October 9, 2017, except that these orders shall not preclude FURUSHO from trading in securities over an exchange as principal through accounts maintained with a registrant who has first been given a copy of this order.
2. THAT, pursuant to section 148.3 of the Act, FURUSHO resign any position he holds as a director or officer of any issuer, and be prohibited from becoming or acting as a director or officer or both of any issuer until October 9, 2017.
BY ORDER OF THE COMMISSION
Director