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ACC 110 (74)


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ACC 110
Marla Spergel

The Ontario Securities Commission should order former hedge fund manager Otto Spork to pay a $1-million fine and disgorge $6.75-million gained from perpetrating a fraud in his now-defunct investment, a hearing was told. “We need an administrative penalty to be large enough to be a deterrent not only for Mr. Spork, but also like-minded individuals,” OSC lawyer Tamara Center said Wednesday. MORE RELATED TO THIS STORY • Spork committed fraud, OSC rules • Fund manager ‘made millions’ from investment fraud, OSC alleges • Sextant Capital ordered into receivership She made the arguments at a sentencing hearing for Mr. Spork, who has not attended any of the OSC proceedings against him and his firm, Sextant Capital Management Inc. The OSC ruled last year that the former Toronto dentist turned fund manager committed a “non-criminal” fraud by inflating returns in his funds. Mr. Spork ran Sextant Strategic Opportunities Hedge Fund, sold in Ontario, and two offshore funds. By the time the commission ordered him to stop selling his Canadian fund in late 2008, it was only invested in two private Icelandic glacier companies. He had charged $6.75-million in performance and management fees from July, 2007, to December, 2008, based on the fund’s reported returns. The former fund manager committed fraud by selling funds with inflated values not supported by third parties, and also “misappropriated money” from these funds by taking $4-million in so-called loans for his personal benefit, the OSC said in last year’s ruling
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