| THE SECURITIES ACT | ) |
Order No. 4071 |
) |
||
| Sections 148 and 19(5) | ) |
March 6, 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. 4054 dated February 19, 2003, The Manitoba Securities Commission ("Commission") ordered, pursuant to section 148 of The Securities Act ("Act"), that all 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") cease forthwith and further ordered, pursuant to subsection 19(5) of the Act, with respect to Larry W. Tanner ("Tanner"), Darin R. Knee ("Knee"), Billy Davis ("Davis"), Gerald W. Blerot ("Blerot"), and Bruce Jeffrey Stewart ("Stewart") 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, Davis, Blerot and 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 Tanner, Knee, Davis, Blerot and Stewart,
and still further ordered that Order No. 4054 expire on March 5, 2003 unless extended by further order of the Commission;
(B) On February 19, 2003, a Notice of Hearing was issued by the Commission, inclusive of Allegations of staff of the Commission ("Notice of Hearing"), giving notice that on March 5, 2003, a hearing ("Hearing") would be held before the Commission to consider, inter alia, whether or not it is in the public interest to order pursuant to section 148 and pursuant to subsection 19(5) of the Act that the cease trade Order No. 4054 issued against Synergy Alliance and that the denial of exemptions Order No. 4054 issued against Tanner, Knee, Davis, Blerot and Stewart be extended;
(C) On March 5, 2003, the Hearing proceeded with Tanner and Knee appearing via teleconference, Knee for himself and Tanner on behalf of himself and on behalf of Synergy Alliance, and with none of Davis, Blerot or Stewart nor anyone on any of their behalves appearing, except for in the case of Davis a request for an extension having been conveyed by Tanner for Davis, all parties having been properly served with the Notice of Hearing, Order No. 4054, and supporting documentation or portion thereof, by facsimile transmission, personal service, or registered mail, as applicable in the case of each respondent as shown in the Affidavit of Service of Jan Banasiak and the Affidavits of Service of Cathy Phillips, filed, and as so ordered herein;
(D) Upon reviewing the Notice of Hearing and Order No. 4054, and upon hearing the submissions of Tanner and of counsel for staff of the Commission, and upon noting the consent of Tanner to the making of this order as it applies to Tanner and to Synergy Alliance and noting the consent of Knee to the making of this order as it applies to himself, 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 be extended for a period commencing March 5, 2003 and continuing up to and including June 4, 2003.
2. THAT, pursuant to subsection 19(5), 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 be extended for a period commencing March 5, 2003 and continuing up to and including June 4, 2003.
3. THAT, this matter as it pertains to Synergy Alliance, Tanner, Knee, and Davis be next returnable before the Commission on June 4, 2003 at 9:00 a.m.
4. THAT, pursuant to subsection 144(1)(c) of the Act, the Commission having reviewed the Affidavit of Service regarding service of the Notice of Hearing, Order No. 4054, and a portion of other documentation regarding this matter upon Davis by facsimile transmission, and having received information from Tanner as to his having made Davis aware of all of the foregoing documentation and having further received an undertaking from Tanner as to his assistance in the future with service upon Davis, the Commission hereby approves of the facsimile transmission method of service having been employed in the service of Davis to date and directs that future service upon Davis in this matter may be made by facsimile transmission.
5. THAT, pursuant to subsection 19(5), 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 be extended indefinitely from and inclusive of March 5, 2003.
6. THAT, pursuant to subsection 19(5), 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 be extended indefinitely from and inclusive of March 5, 2003.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement