The Guardian (Charlottetown)

Timber company defrauded, misled investors: court

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Timber company Sino-Forest and several of its top executives defrauded investors and misled investigat­ors, the Ontario Securities Commission ruled in one of Canada’s largest corporate fraud cases.

In a nearly 300-page decision released Friday, the regulator said the company as well as former chief executive Allen Chan “engaged in deceitful or dishonest conduct related to Sino-Forest’s standing timber assets and revenue they knew constitute­d fraud.”

In addition, Albert Ip, Alfred Hung and George Ho were also found to have defrauded investors by overstatin­g the now defunct company’s assets and revenue.

Allegation­s of fraud against Simon Yeung were dismissed, but the regulator ruled he misled staff during their investigat­ion.

The investigat­ion into SinoForest was triggered in 2011 when Muddy Waters Research’s Carson Block, a short-seller, called the company a Ponzi scheme.

Block cheered the decision Friday.

“We applaud the OSC for persisting through an undoubtedl­y complex investigat­ion and hearing to see that justice is served,” Block wrote in an email.

“It’s important to remember that our report was initially quite controvers­ial and met with a good deal of hostility at a time when the freedom of speech is under threat, this outcome is a reminder of the value of critical voices and freedom of expression.”

The former executives now face the possibilit­y of being permanentl­y banned from Canada’s capital markets, or fined up to $1 million for each failure to comply with Ontario securities law.

A separate hearing on sanctions and costs has not been set.

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