A Burnaby, B.C. woman who had been permanently banned by the British Columbia Securities Commission (BCSC) in 2017 has been sentenced to one year probation after violating the original order.
Enna Keller pleaded guilty in June to two counts of trading in a security and/or acting in a consultative capacity in connection with activities in the security market.
Charges approved
The charges were approved in 2019 by the BC Prosecution Service following an investigation by the BCSC's Criminal Investigations Branch.
The BCSC panel issued the order banning Keller from trading in securities, among other things, after it found that she committed fraud, unregistered trading and breaches of both permanent and temporary cease trade orders for her role in raising about US$3.2 million from roughly 315 investors. The panel found that she and one other person offered securities relating to Lexicon Building Systems Ltd., a manufacturing company that has been the subject of a cease trade order by BCSC staff since October 2009.
Victims demand return of money
After the BCSC decision, two of the victims contacted Keller to demand the return of money they invested with Lexicon. Instead, Keller provided the victims' information to Lexicon and instructed it to issue shares to the victims. By doing so, she breached the BCSC order against trading in securities.
The judge cited the COVID-19 pandemic and the non-violent nature of Keller's offence in sentencing her to probation, which includes 90 days of house arrest. During house arrest, Keller is confined to her residence and only permitted to leave once a week for three hours, only for essential activities or medical reasons.