IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
- and -
IN THE MATTER OF BLACK BEAN COMMUNICATIONS LTD.
GERHARD ("GARY") R. MOHR, and JOHN FENNER
(Subsection 127(1) and 127(5))
WHEREAS IT APPEARS to the Ontario Securities Commision that:
- Black Bean Communications Ltd. ("Black Bean") is incorporated under the laws of Ontario.
- Gerhard R. Mohr ("Mohr"), also known as Gary Mohr, is the President of Black Bean, and a resident of Mississauga, Ontario.
- John Fenner ("Fenner") is affiliated with Black Bean, and currently resides in Saint Joseph, Missouri.
- Black Bean, Mohr, and Fenner have never been registered with the Ontario Securities Commission ("Commission") in any capacity.
- Black Bean and Mohr operate a Web site at www.bbean.com relating to investment opportunities and services.
- Fenner may have acted a securities broker-dealer for Black Bean.
- Black Bean, Mohr, and Fenner may have traded in securities, without being registered, contrary to section 25 of the Securities Act, R.S.O. 1990, cS-5, as amended ("Act").
- The Web site appears to offer investments, which are contrary to the public interest, including prime bank instruments and Nigerian investment opportunities, among others.
AND WHEREAS the Ontario Securities Commission is of the opinion that the length of time required to conclude a hearing could be prejudicial to the public interest;
AND WHEREAS by Commission order made March 9, 2001, pursuant to subsection 3.5(3) of the Act, any one of David A. Brown, Howard Wetston, and Paul M. Moore acting alone, is authorized to make orders under section 127(5) of the Act;
IT IS ORDERED, pursuant to subsections 127(1) and (5) of the Act, that Black Bean Communications Ltd, Gerhard R. Mohr, and John Fenner shall cease trading in all securities;
IT IS FURTHER ORDERED, pursuant to subsections 127(1) and (5) of the Act, that any exemptions contained in Ontario securities law do not apply to Black Bean Communications Ltd, Gerhard R. Mohr, and John Fenner for the period of this order;
IT IS FURTHER ORDERED that this temporary order shall take effect immediately and shall expire on the fifteenth day unless extended by the Ontario Securities Commission.
DATED at Toronto this 26 day of February, 2002.
David A. Brown