Bridging execs engaged in fraud: tribunal

Specifically, the OSC alleged that they orchestrated millions of dollars’ worth of loans from BFI’s funds to companies associated with businessman Sean McCoshen, who in turn paid kickbacks to the Sharpes.

It also alleged that they used $40 million from one of the funds to buy out another firm’s (Ninepoint Partners LP) contract to manage BFI funds, in a deal that benefited BFI and Natasha Sharpe.

The regulator further alleged that they transferred loans from the funds to former industry executive Gary Ng, who used the money to purchase a 50% stake in BFI from its existing shareholders, including Natasha — although the collateral he used to back those loans turned out to be fake.

While the tribunal didn’t uphold all of the OSC’s allegations, it concluded that the Sharpes both engaged in fraud in connection with the three sets of impugned transactions; that they misled investigators; that Natasha Sharpe allowed her husband to listen in on her examination by the regulator; and that David Sharpe tried to intimidate former BFI employees who were co-operating with the firm’s receiver.

In a statement, David Sharpe, who did not participate in the regulatory hearing, said that he intends to appeal the tribunal’s decision, based on an alleged “abuse of process and violation of his Charter rights.”

Earlier, the Sharpes sought a stay of the regulator’s proceedings after the tribunal found that the OSC had improperly disclosed a transcript of a compelled interview without first obtaining an order authorizing disclosure, when that transcript was included in court filings. However, the tribunal rejected their motion for a stay, ruling that “the public availability of the compelled evidence would not prejudice the Sharpes’ right to a fair hearing.”

The tribunal also found that Mushore had some participation in the misconduct, as did BFI itself, but it refused to find that the firm engaged in fraud. The OSC hasn’t made any allegations against McCoshen or Ng.

A hearing on sanctions will be scheduled in the future. The tribunal ordered that a case management conference take place by Dec. 6.

The tribunal’s findings of liability in the case follow a long-running hearing that was completed in June.

BFI was put into receivership at the behest of the OSC in April 2021, amid compliance concerns about the firm. At the time, approximately $2.1 billion was believed to be in the funds — however, the firm’s receiver, PricewaterhouseCoopers LLC (PwC), has estimated that between $700 million and $800 million will be recovered for investors.

To date, retail investors haven’t received any of their money back. PwC has previously said it hopes to make an initial distribution to investors this year.