IN THE MATTER OF David Berry - Adjournment

TORONTO, June 1, 2012 /CNW/ - A hearing was originally scheduled before a Hearing Panel of the Investment Industry Regulatory Organization of Canada (IIROC) in the matter of David Berry for June 13, 2012.  The hearing was adjourned to September 24, 2012.

The hearing concerns allegations Mr. Berry solicited client orders during the distribution of new issues by Scotia Capital, contrary to UMIR 7.7(5) (as it existed prior to May 2005), and conducted off-marketplace trades that were not printed on a marketplace or recognized exchange as required by UMIR 6.4.

The hearing is open to the public, unless the Hearing Panel orders otherwise. The decision of the panel will be made available at www.iiroc.ca.

Documents related to ongoing IIROC enforcement proceedings - including Reasons and Decisions of Hearing Panels - are posted on the IIROC website as they become available. Click here to search and access all IIROC enforcement documents.

Hearing Date:	10:00 a.m., September 24, 25, 27, 28, October 1- 5, and 9, 2012
Location:	JPR Meeting Rooms 390 Bay Street - 3rd Floor Hearing Room C

Specifically the allegations are:

(i)	Between June 3, 2004 and April 18, 2005, Mr. Berry solicited client orders during the distribution period for new issue securities which resulted in Scotia Capital contravening UMIR 7.7(5) (pre-May 2005 version) on 11 occasions, for which he is liable pursuant to UMIR 10.3(4); and
(ii)	Between June 3, 2004 and April 18, 2005, Mr. Berry conducted trades that were not printed on a marketplace or recognized exchange, which resulted in Scotia Capital contravening UMIR 6.4 on 10 occasions, for which he is liable pursuant to UMIR 10.3(4).

IIROC formally initiated the investigation into the Mr. Berry's conduct in June 2005. The alleged violations occurred when he was a Registered Representative with Scotia Capital Inc., an IIROC-regulated firm.  Mr. Berry is no longer a registrant with an IIROC-regulated firm.

The Notice of Hearing which sets out the allegations is available at
http://docs.iiroc.ca/DisplayDocument.aspx?DocumentID=DF694955F7F248339F5718CA1B1D51BB&Language=en

IIROC is the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity marketplaces in Canada. Created in 2008 through the consolidation of the Investment Dealers Association of Canada and Market Regulation Services Inc., IIROC sets high quality regulatory and investment industry standards, protects investors and strengthens market integrity while maintaining efficient and competitive capital markets.

IIROC carries out its regulatory responsibilities through setting and enforcing rules regarding the proficiency, business and financial conduct of dealer firms and their registered employees and through setting and enforcing market integrity rules regarding trading activity on Canadian equity marketplaces.

IIROC investigates possible misconduct by its member firms and/or individual registrants. It can bring disciplinary proceedings which may result in penalties including fines, suspensions, permanent bars, expulsion from membership, or termination of rights and privileges for individuals and firms.

All information about disciplinary proceedings relating to current and former member firms is available in the Enforcement section of the IIROC website. Background information regarding the qualifications and disciplinary history, if any, of advisors currently employed by IIROC-regulated firms is available free of charge through the IIROC AdvisorReport service. Information on how to make investment dealer, advisor or marketplace-related complaints is available by calling 1.877.442.4322.

Enforcement Contact:
Jeff Kehoe
Vice President, Enforcement
416 943-6996
[email protected] 

Media Contact:
David Thomas
Director, Public Affairs
416 943-6921
[email protected]