WHEREAS on August 5, 2020, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Hearing (“Notice of Hearing”) pursuant to sections 20 and 24 of MFDA Bylaw No. 1 in respect of a disciplinary proceeding commenced against Omar Enrique Rojas Diaz (the “Respondent”);
AND WHEREAS on December 8, 2020, the Respondent entered into an Agreed Statement of Facts with Staff of the MFDA (“ASF”), in which the Respondent admitted between on or about September 8, 2017 and June 29, 2018, the Respondent misappropriated approximately $39,270 from one client, contrary to MFDA Rule 2.1.1.
AND WHEREAS at the Hearing on the Merits, conducted on December 14, 2020 via videoconference, on the basis of the admission made by the Respondent in the ASF, the Hearing Panel made a finding of misconduct against the Respondent;
AND WHEREAS upon hearing the oral submissions of the Respondent (self-represented) and counsel for Staff at the Hearing on the Merits, as well as considering written submissions regarding the penalty to be imposed on the Respondent;
IT IS HEREBY ORDERED THAT:
- The Respondent shall be permanently prohibited from conducting securities related business while in the employ of or affiliated with a Member of the MFDA, pursuant to section 24.1(e) of MFDA By-law No. 1; and
- The Respondent shall pay costs in the amount of $2,500, pursuant to section 24.2 of MFDA By-law No. 1.
Emily ColeEmily ColeChair
Linda J. AndersonLinda J. AndersonIndustry Representative
Matthew PrewMatthew PrewIndustry Representative