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The Securities and Exchange Commission (CVM) judged, on 6/14/2022, the following sanctioning administrative proceedings (PAS):
1. PAS CVM SEI 19957.006511/2019-82 (RJ2019/4437) : Alex Pierre Gomes Fernandes
2. PAS CVM SEI 19957.009778/2018-41 : Equilíbrio Administradora de Bens Ltda., Paulo Victor Lacerda de Assis, Francisco Antonio de Assis Neto and Severino do Ramo Barbosa Lima
KNOW THE CASES
1. PAS CVM SEI 19957.006511 /2019-82 (RJ2019/4437) was established by the Superintendence of Market and Intermediary Relations (SMI) to determine the responsibility of Alex Pierre Gomes Fernandes, for alleged practice of price manipulation, through the insertion of artificial offers in the asset trading books – a strategy internationally known as layering (infringement of item I of CVM Instruction 08, defined in item II, “b”, of the same rule – in force at the time of the facts).
After analyzing the case and following the vote of the Reporting Director Flávia Perlingeiro, the CVM Board unanimously decided to sentence Alex Pierre Gomes Fernandes to a fine of R$ 1,950,488.76 (equivalent to one and a half times the value of the economic advantage obtained, updated by the IPCA) by the accusation made.
It should be noted that Director João Accioly followed the grounds for the vote of Director Flávia Perlingeiro, however, although he also followed the conclusions on the non-occurrence of prescription, he presented a vote, since he partially diverged from the understanding on this point, especially in the with respect to the figure of continued infringement.
See more: access the report and vote of the Reporting Director Flávia Perlingeiro. Also access the expression of vote of Director João Accioly.
2. PAS CVM SEI 19957.009778/2018-41 was established by the Securities Registration Superintendence (SRE) to determine the responsibility of Equilíbrio Administradora de Bens Ltda., Paulo Victor Lacerda de Assis, Francisco Antonio de Assis Neto and Severino do Ramo Barbosa Lima, in the capacity of directors of the company, for allegedly carrying out a public offer of collective hotel investment contracts (hotel CIC or condo-hotel), related to the hotel project called Connect Hotel, without obtaining registration or exemption from it with the CVM ( violation of article 19 of Law 6385 and article 2 of CVM Instruction 400, together with article 19, § 5, I, of Law 6385 and article 4 of CVM Instruction 400).
After analyzing the case and following the vote of the Reporting Director, Otto Lobo, the CVM Board unanimously decided on the following convictions:
- Equilíbrio Administradora de Bens Ltda.: to a fine of R$ 170,000.00, for the accusation made.
- Paulo Victor Lacerda de Assis, Francisco Antonio de Assis Neto and Severino do Ramo Barbosa Lima: to a fine of R$ 85,000.00 each, for the accusation made.
See more: access the report and vote of the Reporting Director Otto Lobo.
