This post was translated by Regulatory.News for informational purposes only; the content below is not an official translation from the regulator. See the content in its original language here.
They were also punished accused of fraudulent operation in the capital market, negotiations without the proper order of customers and lack of diligence
The Securities and Exchange Commission (CVM) judged, on 12/15/2020, the following administrative sanctioning processes:
1. PAS CVM SEI 19957.001493 / 2016-087 (04/2016): José Henrique D´Elia, Ricardo Binelli and Ricardo de Paula Nicoluci
2. PAS CVM SEI 19957.011633 / 2017-29 (RJ2018 / 325): Edivan da Silva Trevizan, RMX Participações SA, Rodrigo Miranda Silva and Vininha Panificadora Ltda.
CVM’s Director, Henrique Machado, on vacation, did not participate in the judgment of the above cases.
1. O PAS CVM SEI 19957.001493 / 2016-087 (04/2016) was initiated by the Superintendence of Sanctioning Processes (SPS) in conjunction with the Specialized Federal Attorney’s Office with the CVM (PFE) to investigate the possible irregular performance of the office of autonomous investment agents at Personal Trader Corretora de Titulos e Valores Mobiliários S / A (Petra) and their respective responsible directors.
After analyzing the case and following the vote of Director Gustavo Gonzalez, the CVM Board decided, unanimously, to:
- Condemnation of:
a) Ricardo de Paula Nicoluci:
i) the temporary ban for a period of 5 years, from acting, directly or indirectly, in any type of operation in the securities market, for conducting business on behalf of Petra customers without due order, from July 2010 to March 2012 (breach of article 15, II, of CVM Instruction 434, and article 10, caput, of CVM Instruction 497 ).
ii) the fine in the amount of R $ 300,000.00, for the practice of fraudulent operation in the period from February to April 2011 – churning (breach of item I, with item II, ‘c’, of CVM Instruction 8).
b) José Henrique D´Elia: a fine of R $ 100,000.00, due to lack of diligence (violation of Article 4, sole paragraph, of CVM Instruction 387).
- Ricardo Binelli’s acquittal of the accusation.
two. O PAS CVM SEI 19957.011633 / 2017-29 (RJ2018 / 325) was initiated by the Securities Registry Superintendence (SRE) to ascertain the responsibility of Edivan da Silva Trevizan, RMX Participações SA, Rodrigo Miranda Silva and Vininha Panificadora Ltda. for alleged public offering of shares issued by RMX without prior registration with the CVM or its waiver (violation of Article 19 of Law 6,385 / 76 and Article 2 of CVM Instruction 400).
After analyzing the case and following the vote of Director Flávia Perlingeiro, the CVM Board decided, unanimously, to condemn:
- Vininha Panificadora Ltda .: to a fine of R $ 1,449,622.97, equivalent to 20% of the offer value updated since 6/30/2015.
- RMX Participações SA: a fine of R $ 362,405.74, equivalent to 5% of the offer value updated since 6/30/2015.
- Rodrigo Miranda Silva: R $ 250,000.00 fine.
- Edivan da Silva Trevizan: the fine of R $ 150,000.00.