Recently in Re Homerun International Inc.,the Alberta Securities Commission (ASC) sanctioned Candice Anne Graf, Homerun International Inc. and a number of connected companies for breaching Alberta securities laws. At the sanctions hearing, the ASC noted that sanctions ordered against a respondent must be "proportionate and reasonable". Further, the ASC noted that both specific deterrence (deterring future misconduct by a particular respondent) and general deterrence (deterring misconduct by others) are "legitimate considerations" in determining appropriate sanctions. In this case, the ASC panel noted that Graf was the guiding mind behind the corporations involved. The ASC concluded that Graf neither accepted responsibility for her proved misconduct, nor seemed truly to appreciate how serious it was. The ASC panel ordered that Graf personally pay an administrative penalty of $250,000 and investigation and hearing costs of $63,750. In addition, Graf was subject to a broad array of market-access bans until April 2036.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
