Order: In the Matter of MOAG Copper Gold Resources Inc. et al.

Order

IN THE MATTER OF
MOAG COPPER GOLD RESOURCES INC., GARY BROWN AND BRADLEY JONES

M. Cecilia Williams, Commissioner and Chair of the Panel
Timothy Moseley, Vice-Chair
Mary Anne De Monte-Whelan, Commissioner

December 14, 2020

ORDER

(Subsection 127(1) and Section 127.1 of the Securities Act, RSO 1990, c S.5)


WHEREAS on July 15, 2020, the Ontario Securities Commission (the Commission) held a hearing by videoconference to consider the sanctions and costs that the Commission should impose on MOAG Copper Gold Resources Inc. (MOAG), Gary Brown (Brown) and Bradley Jones (Jones) as a result of the findings in the Commission's Reasons and Decision on the merits, issued on January 15, 2020;

ON READING the materials filed by Staff of the Commission (Staff) and Jones, and on hearing the submissions of the representatives for Staff, for Jones and for MOAG, no one participating on behalf of Brown;

IT IS ORDERED THAT:

1. pursuant to paragraph 2 of subsection 127(1) of the Securities Act, RSO 1990, c S.5 (the Act), trading in any securities of MOAG shall cease permanently;

2. Against Brown:

a. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Brown shall cease permanently;

b. pursuant to paragraph 2.1 of subsection 127(1) of the Act, Brown is prohibited permanently from acquiring any securities;

c. pursuant to paragraph 3 of subsection 127(1) of the Act, the exemptions contained in Ontario securities law shall not apply to Brown permanently;

d. pursuant to paragraphs 7 and 8.1 of subsection 127(1) of the Act, Brown shall immediately resign from any positions he holds as a director or officer of any issuer or registrant;

e. pursuant to paragraphs 8 and 8.2 of subsection 127(1) of the Act, Brown is prohibited permanently from becoming or acting as a director or officer of any issuer or registrant;

f. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Brown is permanently prohibited from becoming or acting as a registrant or promoter;

g. pursuant to paragraph 9 of subsection 127(1) of the Act, Brown shall pay an administrative penalty of C$200,000, which amount shall be designated for allocation or use by the Commission in accordance with subclause 3.4(2)(b)(i) or (ii) of the Act;

h. pursuant to paragraph 10 of subsection 127(1) of the Act, Brown shall be required, jointly and severally with Jones, to disgorge to the Commission the sum of US$610,000, which amount shall be designated for allocation or use by the Commission in accordance with subclause 3.4(2)(b)(i) or (ii) of the Act;

i. pursuant to section 127.1 of the Act, Brown shall pay costs of C$30,000 to the Commission; and

3. Against Jones:

a. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Jones shall cease permanently;

b. pursuant to paragraph 2.1 of subsection 127(1) of the Act, Jones is prohibited permanently from acquiring any securities;

c. pursuant to paragraph 3 of subsection 127(1) of the Act, the exemptions contained in Ontario securities law shall not apply to Jones permanently;

d. pursuant to paragraphs 7 and 8.1 of subsection 127(1) of the Act, Jones shall immediately resign from any positions he holds as a director or officer of any issuer or registrant;

e. pursuant to paragraphs 8 and 8.2 of subsection 127(1) of the Act, Jones is prohibited permanently from becoming or acting as a director or officer of any issuer or registrant;

f. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Jones is permanently prohibited from becoming or acting as a registrant or promoter;

g. pursuant to paragraph 9 of subsection 127(1) of the Act, Jones shall pay an administrative penalty of C$400,000, which amount shall be designated for allocation or use by the Commission in accordance with subclause 3.4(2)(b)(i) or (ii) of the Act;

h. pursuant to paragraph 10 of subsection 127(1) of the Act, Jones shall be required to disgorge to the Commission:

i. jointly and severally with Brown, the sum of US$610,000, and

ii. the sum of US$2,968,187,

which amounts shall be designated for allocation or use by the Commission in accordance with subclause 3.4(2)(b)(i) or (ii) of the Act; and

i. pursuant to section 127.1 of the Act, Jones shall pay costs of C$70,000 to the Commission.

 

"M. Cecilia Williams"

"Timothy Moseley"

"Mary Anne De Monte-Whelan"