The Alberta Securities Commission (ASC) has concluded a Settlement Agreement with John Bruce Kirk, Benjamin Thompson Kirk, and Dylan Leslie Boyle.
Under the Settlement Agreement, the three individuals each paid the ASC $100,000 in settlement, and, subject to limited exceptions, agreed to permanently:
- cease trading in and purchasing securities or derivatives;
- refrain from using any of the exemptions in Alberta securities laws;
- refrain from advising in securities or derivatives; and
- resign from all director and officer positions held with any issuer, registrant, or investment fund manager and refrain from becoming a director or officer of any issuer, registrant, or investment fund manager.
The Kirk brothers and Boyle admitted to unregistered advising in securities or authorizing, permitting, or acquiescing in others under their supervision or control engaging in unregistered advising in securities. Through Skymark Media Group Ltd., the three individuals controlled certain web-based organizations (Skymark Research, Emerging Stock Report, and Liberty Analytics) which purported to provide independent market research regarding various publicly-traded securities issuers, including U.S.-based Tradeshow Marketing Company Ltd. (OTCBB: TSHO) and Pacific Blue Energy Corp. (OTCBB: PBEC). Kirk, Kirk, and Boyle further admitted to making or authorizing, permitting, or acquiescing in others under their supervision or control making misrepresentations with respect to TSHO, PBEC, Skymark Media Group, and the three websites.
The ASC gratefully acknowledges the assistance of the following law enforcement agencies in this matter: the British Columbia Securities Commission, the U.S. Financial Industry Regulatory Authority, and the U.S. Securities and Exchange Commission.
The ASC is the regulatory agency responsible for administering the province's securities laws. It is entrusted with fostering a fair and efficient capital market in Alberta and with protecting investors. As a member of the Canadian Securities Administrators, the ASC works to improve, coordinate and harmonize the regulation of Canada's capital markets.
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