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MFDA Order

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HomeUnder Review / Appeal Hearings201941 - Tamar Michelle Eisenberg › Order3-201941

File No. 201941

IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re: Tamar Michelle Eisenberg

Order

(ARISING FROM DECISION AND REASONS DATED JULY 27, 2020)

WHEREAS on June 7, 2019, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Hearing pursuant to section 24.4 of By-law No. 1 in respect of Tamar Michelle Eisenberg (the “Respondent”);

AND WHEREAS on June 24, 2020, the Hearing Panel conducted a hearing on the merits of this matter (“Hearing”);

AND WHEREAS the Hearing Panel considered the evidence and submissions presented by Staff of the MFDA at the Hearing;

AND WHEREAS the Hearing Panel finds that the Respondent:

  1. in or around February 2009, engaged in securities related business that was not carried on for the account, or through the facilities of the Member by recommending, referring, or facilitating the sale of shares totaling $40,000 in a mortgage investment corporation to one client, contrary to the Member’s policies and procedures and MFDA Rules 1.1.1, 1.1.2, 2.1.1, and 2.5.1.

IT IS HEREBY ORDERED THAT:

  1. The Respondent shall be suspended from conducting securities related business in any capacity while in the employ of or associated with any Member of the MFDA for a period of three months commencing from the date of this Order, pursuant to s. 24.1.1(c) of MFDA By-law No. 1;
  2. The Respondent shall pay a fine in the amount of $15,000 in certified funds, pursuant to section 24.1.1(b) of By-law No. 1;
  3. The Respondent shall pay costs in the amount of $5,000 in certified funds, pursuant to section 24.2 of By-law No. 1;
  4. The Respondent shall in the future comply with MFDA Rules 1.1.1, 1.1.2, 2.1.1, and 2.5.1; and
  5. 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.

DATED: Jul 27, 2020

"Shelley L. Miller"

Shelley L. Miller

Chair


"James Samanta"

James Samanta

Industry Representative


"Greg Wiebe"

Greg Wiebe

Industry Representative


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