Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

-AND-

IN THE MATTER OF
AL-TAR ENERGY CORP., ALBERTA ENERGY CORP.,
DRAGO GOLD CORP., DAVID C. CAMPBELL, ABEL DA SILVA,
ERIC F. O’BRIEN AND JULIAN M. SYLVESTER


ORDER
(Sections 127 and 127.1 of the Securities Act)



WHEREAS on February 14, 2008, a Statement of Allegations and a Notice of Hearing were issued pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), in respect of Al-tar Energy Corp. (“Al-tar”), Alberta Energy Corp. (“Alberta Energy”), Drago Gold Corp. (“Drago”), David C. Campbell (“Campbell”), Abel Da Silva (“Da Silva”), Eric F. O’Brien (“O’Brien”) and Julian M. Sylvester (“Sylvester”) (such persons are referred to as the “Respondents”);

AND WHEREAS the Commission conducted the hearing on the merits in this matter on April 20, 21, 22, 23 and 27, 2009;

AND WHEREAS the Commission issued its Reasons and Decision on the merits in this matter on June 11, 2010 (the “Merits Decision”);

AND WHEREAS the Commission is satisfied that the Respondents carried out a fraudulent investment scheme, have not complied with Ontario securities law and have acted contrary to the public interest, as described in the Merits Decision;

AND WHEREAS the Commission conducted a hearing with respect to the sanctions and costs to be imposed in this matter on September 13, 2010;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

IT IS HEREBY ORDERED THAT:

  1. pursuant to clause 2 of subsection 127(1) of the Act, each of the Respondents shall cease trading in any securities permanently;
  2. pursuant to clause 2.1 of subsection 127(1) of the Act, the acquisition of any securities by any of the Respondents is prohibited permanently;
  3. pursuant to clause 3 of subsection 127(1) of the Act, any exemptions in Ontario securities law do not apply permanently to any of the Respondents;
  4. pursuant to clause 6 of subsection 127(1) of the Act, each of Campbell, Da Silva, O’Brien and Sylvester are reprimanded;
  5. pursuant to clause 7 of subsection 127(1) of the Act, each of Campbell, Da Silva, O’Brien, and Sylvester shall immediately resign all positions they may hold as a director or officer of any issuer;
  6. pursuant to clause 8 of subsection 127(1) of the Act, each of Campbell, Da Silva, O’Brien and Sylvester are prohibited permanently from becoming or acting as a director or officer of any issuer;
  7. pursuant to clause 8.1 of subsection 127(1) of the Act, each of Campbell, Da Silva, O’Brien and Sylvester are prohibited permanently from becoming or acting as a director or officer of any registrant;
  8. pursuant to clause 9 of subsection 127(1) each of the individual respondents shall pay an administrative penalty in the following amount:
    1. Sylvester shall pay an administrative penalty of $200,000;
    2. O’Brien shall pay an administrative penalty of $500,000;
    3. Da Silva shall pay an administrative penalty of $650,000; and
    4. Campbell shall pay an administrative penalty of $750,000;
  9. pursuant to clause 10 of subsection 127(1) of the Act, the Respondents shall disgorge to the Commission, the following amounts:
    1. Al-tar, O’Brien, Campbell and Da Silva shall jointly and severally disgorge to the Commission $615,199.50; and
    2. Alberta Energy, Drago, Campbell and Sylvester shall jointly and severally disgorge to the Commission $42,909.53;
  10. the amounts referred to in paragraphs (h) and (i) of this Order shall be allocated by the Commission to or for the benefit of third parties, including investors who lost money as a result of investing in the investment scheme that was the subject matter of this proceeding, in accordance with subsection 3.4(2)(b) of the Act; and
  11. pursuant to section 127.1 of the Act, the Respondents shall jointly and severally pay $133,865.00 in costs to the Commission.

Dated at Toronto, Ontario this 6th day of January 2011.

 

"James E. A. Turner"
James E. A. Turner
"Carol S. Perry"
Carol S. Perry