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IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re: Garth Adrian Plunkett

Order

(ARISING FROM SETTLEMENT HEARING ON NOVEMBER 29, 2016)

WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated October 6, 2016 (the “Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to ss. 20 and 24.1 of By-law No. 1;

AND WHEREAS the Hearing Panel is of the opinion that:

a) between May 13, 2011 and April 11, 2014, the Respondent altered and used to process transactions, 3 client account forms with respect to 3 clients, without having the clients initial the alterations, contrary to MFDA Rule 2.1.1; and

b) between February 22, 2007 and June 27, 2013, the Respondent, or his assistant for whom he was responsible, obtained, possessed and used to process transactions, 33 pre-signed account forms in respect of 26 clients, contrary to MFDA Rule 2.1.1.

 IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a consequence of which:

 1. The Respondent shall pay a fine in the amount of $11,250, pursuant to section 24.1.1(b) of By-law No. 1; 

2. The Respondent shall pay costs in the amount of $2,500, pursuant to section 24.2 of By-law No. 1;

 3. The Respondent shall in the future comply with MFDA Rule 2.1.1; and

 4. If at any time a non-party to this proceeding, with the exception of the bodies set out in section 23 of MFDA By-law No. 1, requests production of or access to exhibits in this proceeding that contain personal information as defined by the MFDA Privacy Policy, then the MFDA Corporate Secretary shall not provide copies of or access to the requested exhibits to the non-party without first redacting from them any and all personal information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure.

  • Rene P. Foisy
    Rene P. Foisy
    Chair
  • M. Elaine Bradley
    M. Elaine Bradley
    Industry Representative
  • Richard Sydenham
    Richard Sydenham
    Industry Representative

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