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 ANDREW KEITH LECH

ORDER

(Pursuant to subsections 127(1) and 127(10))



WHEREAS on May 1, 2003, the Ontario Securities Commission (the “Commission) ordered pursuant to subsections 127(1) and (6) of Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), that all trading in securities by Andrew Keith Lech (“Lech”) cease, and the exemptions contained in Ontario securities law do not apply to Lech.

WHEREAS on May 7, 2003, the Commission issued a Notice of Hearing, in relation to the Statement of Allegations, of the same date, issued by Staff of the Commission (“Staff”);

WHEREAS on May 16, 2003, the Commission issued an Order that all trading in securities by Lech cease pending further order of the Commission, pursuant to clause 2 of subsection 127(1) of the Act, and that the exemptions contained in Ontario securities law do not apply to Lech pending further order of the Commission, pursuant to clause 3 of subsection 127(1) (the “May 16, 2003 Order”);

AND WHEREAS on March 23, 2009, the Commission issued a second Notice of Hearing, pursuant to section 127, including subsection 127(10), of the Act in relation to the Amended Statement of Allegations issued by Staff, dated March 20, 2009, with respect to Lech;

AND WHEREAS the hearing before the Commission was scheduled to be held on June 5, 2009, at 10:00 a.m.;

AND WHEREAS on May 29, 2009, the Commission conducted a hearing in writing with respect to this matter;

AND WHEREAS on May 29, 2009, the Commission adjourned the hearing to July 22, 2009, at 10:00 a.m.;

AND WHEREAS on July 20, 2009, Lech sent a letter to Staff requesting an adjournment so that he could retain counsel, which letter Staff provided to the Commission;

AND WHEREAS a hearing was held before the Commission on July 22, 2009, which Staff attended but Lech, though properly served with the Notice of Hearing, did not attend;

AND WHEREAS Staff made submissions with respect to Lech’s non-attendance;

AND WHEREAS the Commission adjourned the hearing, on a peremptory basis, to August 19, 2009, at 11:00 a.m.;

AND WHEREAS a hearing in this matter took place on August 19, 2009;

AND WHEREAS Staff attended the hearing, but Lech, though properly served, was neither in attendance nor represented;

AND WHEREAS the Commission finds that Lech was convicted of a criminal offence arising from a course of conduct related to securities;

AND WHEREAS the Commission finds that it is in the public interest to make an order pursuant to subsections 127(1) and 127(10) of the Act;

IT IS ORDERED THAT:

  1. pursuant to section 127(1) clause 2 of the Act, trading in any securities by Lech cease permanently;
  2. pursuant to section 127(1) clause 2.1 of the Act, acquisition of any securities by Lech is prohibited permanently;
  3. pursuant to section 127(1) clause 3 of the Act, any exemptions contained in Ontario securities law do not apply to Lech permanently;
  4. pursuant to section 127(1) clause 6 of the Act, Lech is reprimanded;
  5. pursuant to section 127(1) clause 7 of the Act, Lech resign all positions that Lech holds as a director or officer of an issuer;
  6. pursuant to section 127(1) clause 8 of the Act, Lech is prohibited from becoming or acting as director or officer of any issuer;
  7. pursuant to section 127(1) clause 8.4 of the Act, Lech is prohibited from becoming or acting as a director or officer of an investment fund manager; and
  8. pursuant to section 127(1) clause 8.5 of the Act, Lech is prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter.

 

DATED at Toronto this 25th day of May, 2010.

 

" Mary G. Condon"
Mary G. Condon
   
" Carol S. Perry"
 Carol S. Perry