PyroGenesis Canada Faces Regulatory Action for Alleged Fraud

John Bryan

September 22, 2023

min read

Article Highlights

Regulatory Action and Allegations: PyroGenesis Canada, along with its CEO Peter Pascali and director Alan Curleigh, is facing regulatory action from the AMF in Quebec. Allegations include fraud, misrepresentations, and failure to comply with disclosure obligations and fiduciary duties.
Potential Penalties and Impact: The AMF is seeking significant penalties, disgorgement orders, and a prohibition on Pascali and Curleigh acting as officers or directors.
Company Response and Legal Defense: PyroGenesis denies the allegations and expresses disappointment in the regulatory action.

PyroGenesis Canada (TSX: PYR), along with its CEO Peter Pascali and director Alan Curleigh, is facing regulatory action from the Autorite des marches financiers (AMF), the securities regulator in Quebec. The AMF has taken action against the company and its executives in relation to a settlement agreement entered into in 2018 between PyroGenesis and Phoenix Haute Technology, a company controlled by Pascali's late father. The agreement settled a $5.5 million claim related to the purchase of intellectual property (IP) rights in 2011.

PyroGenesis signs non-disclosure agreement with second global aircraft engine manufacturer - Skies Mag

Allegations of Fraud and Misrepresentations

The AMF has charged Pascali with a breach of section 199.1(2) of the Securities Act (Quebec), alleging that he perpetrated a fraud. In addition, both Pascali and the company are accused of breaching sections 196 and 197, which relate to alleged misrepresentations in the filing of a prospectus or transacting in a security. The AMF alleges that Pascali and the company failed to comply with disclosure obligations under securities legislation, and that Pascali and Curleigh failed to fulfill their fiduciary duties as directors.

The securities regulator is seeking to impose $4.2 million in administrative penalties against Pascali, along with a disgorgement order of $9.57 million. For the company, the AMF is seeking penalties of $550,000. Furthermore, the AMF aims to prohibit Pascali and Curleigh from acting as officers or directors for a reporting issuer for a period of five years.

Background of the Allegations

The allegations stem from a settlement agreement reached in 2018 between PyroGenesis and Phoenix Haute Technology. The agreement settled a $5.5 million claim related to the purchase of IP rights in 2011. Under the settlement, PyroGenesis issued $3.7 million in units of the company to Phoenix.

PyroGenesis Responds to the Allegations

In response to the regulatory action, PyroGenesis expressed disappointment in the AMF's decision to proceed with the proceedings. The company stated that it had cooperated with the AMF throughout its extensive investigation and looks forward to presenting its case in court. PyroGenesis expressed confidence in the truth prevailing and suggested that the motives behind those supporting the outcome would be exposed during the legal process.

The company also emphasized its commitment to operating in the ordinary course despite the distraction caused by the proceedings. PyroGenesis expects the impact on its operations to be less significant compared to the previous investigation process.

Douze ans d'activités sous la loupe | L'AMF réclame 14 millions au PDG de PyroGenèse | La Presse

Denial of Allegations and Vigorous Defense

All three parties involved - PyroGenesis, Pascali, and Curleigh - have denied the allegations and deemed them without merit. They have vowed to vigorously defend themselves against the charges brought by the AMF.

Potential Impact on PyroGenesis and Investors

The regulatory action by the AMF and the allegations of fraud and misrepresentations can have significant implications for PyroGenesis and its investors. If the allegations are proven true, it could damage the company's reputation and erode investor confidence. The potential penalties and disgorgement orders sought by the AMF could also have a financial impact on PyroGenesis.

Investors should closely monitor the progress of the legal proceedings and consider the potential risks associated with the regulatory action when making investment decisions.

Conclusion

PyroGenesis Canada, its CEO Peter Pascali, and director Alan Curleigh are facing regulatory action from the Autorite des marches financiers (AMF) in Quebec. The allegations include fraud, misrepresentations, and failure to comply with disclosure obligations and fiduciary duties. The AMF is seeking significant penalties and disgorgement orders, as well as a prohibition on Pascali and Curleigh acting as officers or directors for a reporting issuer. PyroGenesis has denied the allegations and is prepared to vigorously defend itself in court. Investors should closely monitor the situation and assess the potential impact on the company and its operations.

‍

Share This Story

Coming Late 2023

Elevate your industry knowledge with our exclusive newsletter.

The latest news, articles, and resources, sent to your inbox weekly.

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

Recent Articles

Recent news, technologies, and resources from our team.

Mining

Investing in Uranium Stocks: A Comprehensive Guide for Canadian Investors

As the global trend towards clean energy continues to gain momentum, many investors are eyeing the uranium market for potential opportunities. The price of uranium has shown signs of strength in recent years, raising hopes for a potential market revival. In this comprehensive guide, we will explore different avenues available for Canadian investors to enter the uranium market, focusing specifically on investing in uranium stocks. We will discuss the top uranium mining companies, the countries with significant uranium production, and the potential for future growth in this sector. Additionally, we will examine the positive impact that an increase in uranium prices can have on the stock market. Understanding Uranium Stocks Before diving into the specifics of investing in uranium stocks, it is important to understand the basics of this sector. Uranium stocks refer to shares of companies involved in the exploration, mining, and production of uranium. These companies play a crucial role in the nuclear energy industry, as uranium is the primary fuel used in nuclear reactors. The uranium market faced significant challenges following the 2011 Fukushima nuclear disaster, which led to concerns about the safety of nuclear reactors. Combined with excess supply, these factors caused uranium prices to plummet. However, in recent years, several developments have brought hope to the industry, including supply cuts, geopolitical tensions, and the reentry of major players into the market. As a result, uranium prices have started to rise, prompting investors to consider entering the market. Investing in Uranium Stocks Investing in uranium stocks provides an opportunity for investors to gain exposure to the potential growth of the uranium market. While the path to investing in uranium stocks may not be as straightforward as investing in other commodities like gold, there are several options for Canadian investors to explore. 1. Top Uranium Mining Companies Beginner investors may want to start their journey by considering the world's largest uranium mining companies. These companies often provide stability and have a significant presence in the industry. Some of the prominent uranium heavyweights include: Cameco (TSX:CCO, NYSE:CCJ) BHP (NYSE:BHP, ASX:BHP, LSE:BHP) NexGen Energy (NYSE:NXE, TSX:NXE, ASX:NXG) Kazatomprom (LSE:KAP) While these large mining companies offer a solid foundation for investors, there are also mid-tier and junior uranium exploration companies worth exploring. Conducting thorough research on TSXV- and TSX-listed stocks and ASX-listed uranium stocks can provide valuable insights into potential investment opportunities. 2. Understanding Uranium Production To make informed investment decisions, it is crucial to have a clear understanding of the countries that produce the most uranium. The top three uranium-producing countries are Kazakhstan, Namibia, and Canada. These countries play a pivotal role in the global uranium market and can directly influence uranium prices. Investors interested in uranium stocks should closely monitor developments in these countries and their impact on market dynamics. 3. Investing in Uranium ETFs For investors who prefer diversification and exposure to a basket of equities rather than individual stocks, exchange-traded funds (ETFs) focusing on uranium can be an attractive option. While the selection of uranium-focused ETFs is relatively limited, there are a few options available for Canadian investors: Global X Uranium ETF (ARCA:URA): This ETF tracks a basket of mining firms, including both American and international uranium miners and producers. VanEck Uranium+Nuclear Energy ETF (ARCA:NLR): This ETF follows a market-cap-weighted index of companies in the uranium industry. Horizons Global Uranium Index ETF (TSX:HURA): Designed to provide exposure to the rebounding uranium industry, this ETF features Canadian uranium stocks. It is important to thoroughly research and assess the specific holdings and investment strategies of these ETFs before making any investment decisions. 4. Future Potential: Sprott Uranium Miners ETF One of the most recent additions to the uranium ETF landscape is the Sprott Uranium Miners ETF (ARCA:URNM). This international uranium fund includes companies from Kazakhstan, Canada, and the US. The ETF tracks producers, explorers, and holders of physical uranium, providing investors with direct exposure to the uranium market. Notably, the Sprott Physical Uranium Trust, a fund investing solely in physical uranium, is one of the holdings of this ETF. The Sprott Physical Uranium Trust has gained popularity for its role in boosting uranium prices. 5. The Role of Uranium Futures Another option for investors looking to participate in the uranium market is through futures contracts. Futures contracts obligate the buyer to purchase or the seller to sell an asset at a predetermined future date and price. While the options for uranium futures are limited, they can still provide investors with a marketplace for direct exposure to uranium prices. CME Group (NASDAQ:CME) offers UxC uranium U3O8 futures, where each contract represents 250 pounds of the nuclear fuel. The NYMEX also provides U3O8 futures trading options. These futures contracts are essential as they provide a means for consumers and suppliers to manage prices and risks in the absence of an exchange-listed, transparent price instrument. 6. The Bullish Case for Uranium The uranium market has attracted significant attention, with experts predicting a potential renaissance in the industry. Various factors contribute to this bullish sentiment, including supply cuts, increased demand for nuclear energy, and growing prospects for uranium prices. John Ciampaglia, CEO of Sprott Asset Management, highlights the bullish scenario for uranium, emphasizing the improved position of uranium companies in negotiating sales to utilities. Chris Temple, founder, editor, and publisher of the National Investor, is equally confident in a coming bull market for uranium, predicting a price of $100 per pound within the next two years. Looking at the broader picture, nuclear energy currently accounts for 10% of the world's electricity generation, and this figure is expected to increase to 12% by 2050. As the need for clean energy intensifies and uranium oversupply diminishes, the demand for this energy fuel is likely to grow, presenting an opportunity for investors in uranium stocks. Conclusion Investing in uranium stocks can be an appealing option for Canadian investors seeking exposure to the potential growth of the uranium market. By considering top uranium mining companies, understanding uranium production dynamics, exploring uranium ETFs, monitoring uranium futures, and recognizing the bullish case for uranium, investors can make informed decisions about their investment strategies. As the demand for clean energy continues to rise, an increase in uranium prices is expected to have a positive impact on the stock market. However, it is crucial to conduct thorough research, evaluate risk factors, and consult with financial advisors before making any investment decisions. By staying informed and remaining vigilant, investors can position themselves to potentially benefit from the future growth of the uranium industry. References: Investing News Network: The Price of Uranium Investing News Network: Uranium Energy in North America

August 24, 2023

min read

News

BANXA Provides Business Update and Integration with Prominent Brands

In recent weeks, Banxa Holdings Inc. has made significant strides in its business operations. The company, known for its leading payments infrastructure, has attracted new blue-chip partners and achieved notable financial success.

September 25, 2023

min read

News

ESE Entertainment Announces Strategic Partnership With Metapro for Gaming Arena

ESE Entertainment Inc. (TSXV:ESE)(OTCQX:ENTEF) has recently made an exciting announcement regarding its strategic partnership with Poznań Game Arena (PGA) and Metapro. This partnership aims to organize the Web3 Game Arena (W3GA), which includes the W3GA HOT LAP and W3GA PRO RACE simracing competitions.

September 27, 2023

min read