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 AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., LIQUID GOLD INTERNATIONAL CORP. (aka LIQUID
GOLD INTERNATIONAL INC.), NANOTECH INDUSTRIES INC., SANDY WINICK,
ANDREA LEE MCCARTHY, KOLT CURRY,
LAURA MATEYAK AND GREGORY J. CURRY

ORDER
(Rules 1.5.3 and 4.3)



    WHEREAS on January 27, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) (the “Notice of Hearing”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on January 27, 2012, and on November 2, 2012, Staff filed an Amended Statement of Allegations and Amended Notice of Hearing, to consider whether it is in the public interest to make certain orders against Sandy Winick (“Winick”), Andrea Lee McCarthy, Kolt Curry, Laura Mateyak, Gregory J. Curry (“Curry”), American Heritage Stock Transfer Inc., American Heritage Stock Transfer, Inc., BFM Industries Inc., Liquid Gold International Corp. aka Liquid Gold International Inc., and Nanotech Industries Inc. (collectively, the “Respondents”);

    AND WHEREAS on October 17, 2012, the Commission ordered that this matter should proceed by way of a Hearing in Writing, pursuant to Rule 11.5 and set out a schedule for the filing of written legal submissions and written evidence from the parties (the “Hearing on the Merits”);

    AND WHEREAS Staff have filed a Notice of Motion in writing submitting that it is in the public interest to grant the relief set out in this order;

    AND WHEREAS none of the Respondents have made submissions in respect of Staff’s motion, though properly served;

    AND WHEREAS Staff have delivered the documentary disclosure (the “Disclosure”) in this matter to all Respondents who advised they wished to receive it;

    AND WHEREAS the disclosure in this matter is comprised of over 30,000 pages of documents, the majority of which include personal and private investor information (the “Disclosure”);

    AND WHEREAS the Disclosure is comprised of over 30,000 pages of documents, the majority of which include personal and private investor information;

    AND WHEREAS Winick and Curry have not made arrangements to receive the Disclosure, despite being advised by Staff that they may do so;

    AND WHEREAS Staff have prepared written legal submissions and written evidence for the Hearing on the Merits (“Staff’s Written Materials”);

    AND WHEREAS Staff’s written evidence consists of the Affidavits of Lori Toledano and Daniela Kozovski, appended to which are exhibit documents contained in 12 volumes, consisting of several thousand pages of documents derived from the Disclosure containing personal and private investor information (the “Exhibits”);

    AND WHEREAS Staff have not delivered Staff’s Written Materials to Curry and Winick;

    AND WHEREAS Staff have an email address, but no mailing address for Winick and are not aware of his current country of residence;

    AND WHEREAS Winick has never replied to any correspondence from Staff or participated in this proceeding;

    AND WHEREAS Staff have email and mailing addresses for Curry, who is believed to be a resident of Bangkok, Thailand;

    AND WHEREAS Curry has never participated in this proceeding;

    AND WHEREAS due to the volume of information contained in the Disclosure and the Exhibits the materials cannot be delivered by email;

    AND WHEREAS the Amended Statement of Allegations in this matter contains allegations of fraud involving the abuse of personal and private investor information;

    AND WHEREAS the Commission cannot maintain control of the Disclosure and the Exhibits if they leave Canada;

    AND WHEREAS it is in the public interest for the Commission to prevent potential abuses of the personal and private investor information contained in the Disclosure and the Exhibits;

    IT IS HEREBY ORDERED that:

  1. that pursuant to Rules 1.5.3(3) and 4.3 Staff shall effect service by sending copies of Staff’s Written Materials, not including the Exhibits, to the email addresses of Winick and Curry;
  2. that pursuant to Rule 4.3 Staff shall advise Curry and Winick by email that the Disclosure and the Exhibits are available for pickup at the offices of the Commission by counsel retained to act in this matter, subject to a written undertaking that such counsel will not remove the Disclosure or the Exhibits from Canada in any form, nor allow anyone to do so, and shall not use the Exhibits or Disclosure, nor allow them to be used, for any collateral or ulterior purpose.

    DATED at Toronto, Ontario this 19th day of December, 2012.

 

" James D. Carnwath "
James D. Carnwath