| THE SECURITIES ACT | ) |
Order No. 5750 |
) |
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| Section 148 and 148.3 | ) |
August 13, 2008 |
ERNEST REED GRAFKE
WHEREAS:
(A) On January 29, 2007, the Executive Director of the British Columbia Securities Commission ("BCSC") entered into a settlement ("Settlement") with John DeVries ("DeVRIES"), Ernest Reed Grafke ("GRAFKE"), Ralph Bromley ("BROMLEY") and/or Wesley Campbell ("CAMPBELL") and made an order against them ("BCSC Order");
(B) In the Settlement, the respondents consented to any securities regulator in Canada relying upon the facts admitted in the Settlement solely for the purpose of making an order similar to the one contemplated in the Settlement;
(C) On June 9, 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 the respondents;
(D) On August 13, 2008, this matter as against GRAFKE was heard by a panel of the Commission;
(E) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission and upon reviewing the Affidavit of Service, filed, and being satisfied as to service upon the respondent GRAFKE, 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, GRAFKE cease trading in securities until January 29, 2022.
2. THAT, pursuant to section 148.3 of the Act, GRAFKE resign any position he may hold as a director or officer of any issuer, and is prohibited from becoming or acting as a director or officer of any issuer, until January 29, 2022.
3. THAT GRAFKE will not engage in investor relations activities until January 29, 2022.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement