Cape Cove Financial Management

Cape Cove Financial Management (“Cape Cove”) was registered with the AMF under the Securities Act and was authorized to distribute financial products and services as:

  • An exempt market dealer
  • A mutual fund dealer
  • A portfolio manager (including derivatives) 

On July 8, 2021, the Superior Court allowed an AMF request for a receiver to be appointed to take charge of the activities of Cape Cove and the following issuers:

  • Agro Tech Ventures 1 Inc.
  • Malina Capital Inc. 

Raymond Chabot Administrateur Provisoire inc. This link will open in a new window has been appointed as receiver for the companies. The receiver’s main mission is to get to the bottom of the irregularities that were found and to protect investors’ interests.

On October 15, 2021, the Superior Court allowed a second AMF request to also have Raymond Chabot appointed as receiver for other issuers, including:

  • Silvermont Finance Inc.
  • MarDi.info Income Trust
  • Green River Investments Inc. 

The AMF is the regulatory and oversight body for Québec’s financial sector. The AMF:

  • Ensures consumer protection
  • Analyzes whistleblower reports and allegations of offences submitted to it.
  • Conducts Investigations and institutes proceedings to enforce the laws administered by it. 
  • Manages the financial services compensation fund.

The AMF’s concerns

The AMF, after noting inexplicable movements of funds between Cape Cove, these issuers and third parties, has concerns about the management of Cape Cove and the issuers. 

Dany Bergeron, a representative at Cape Cove, was a director and officer of Agro Tech Ventures 1 Inc. and Malina Capital Inc. and was also involved in investment decisions at MarDi.info Income Trust.

Nick Tzaferis, who, until the appointment of the receiver, was vice-president and director of Cape Cove and an exempt market dealer representative acting on behalf of Cape Cove, was also a director and officer of Silvermont Finance Inc. 

Furthermore, the AMF is alleging that Cape Cove and the issuers made misrepresentations by, in particular, not disclosing the presence and involvement of Efstratios Gavriil (alias Sean Gabriel) to their clients. Gavriil has prior convictions for financial fraud and illegal practice. Other elements are also concerning, such as the fact that certain issuers have not filed financial statements, notices of use of proceeds or an offering memorandum.

The AMF is continuing its investigation at the same time as the receiver is performing its work.

Transfer of activities

Cape Cove’s activities recently ceased:

  • The accounts of portfolio management clients have been transferred by operation of a transaction authorized by the Superior Court to Rivemont Investments. 
  • The accounts of mutual fund clients have been transferred to Sentinel Financial Group in another transaction authorized by the Superior Court. 

The accounts of exempt market clients have not been acquired by another dealer. The clients concerned are asked to contact either a representative registered as a dealing representative of an exempt market dealer or the receiver, who can give them guidance. Note that securities distributed in the exempt market are not accompanied by a prospectus. For more information, see our page on prospectus exemptions.

Information

Contact the receiver

Clients who have any questions are asked to contact Emmanuel Phaneuf at:

[email protected]

514-393-4826

Documents related to this file This link will open in a new window

End of the Information

Fonds d’indemnisation des services financiers

The Fonds d’indemnisation des services financiers (financial services compensation fund), which is administered by the AMF, compensates Québec consumers who are victims of fraud, fraudulent tactics or embezzlement committed or engaged in by certain intermediaries in the financial sector. A consumer may be compensated to a maximum of $200,000 per claim.

In its report dated April 15, 2022, Raymond Chabot stated that “the facts show that a large portion of funds were misappropriated in a ‘Ponzi scheme’” connected with the five issuers under receivership, namely:

  • Agro Tech Ventures 1 Inc.
  • Malina Capital Inc.
  • Silvermont Finance Inc.
  • MarDi.info Income Trust
  • Green River Investments Inc.

On October 12, 2022, the AMF contacted investors who had purchased securities from at least one of the five issuers through a Cape Cove representative registered in Québec. These clients are encouraged to file a claim with the AMF by November 18, 2022.

The AMF has not yet determined whether these investors may be compensated by the financial services compensation fund, as its investigation is still ongoing. Each claim received is being analyzed in detail to determine whether it meets the eligibility criteria.

If you invested in one of the issuers through a representative registered in Québec, believe that you are a victim of fraud and did not receive our letter of October 12, 2022, please contact the AMF Information Centre by calling 1‑877‑525‑0337 or completing a Request for information This link will open in a new window.

News releases and decisions

News releases and decisions relating to Cape Cove

Dates New releases and decisions
November 30, 2023 Cape Cove – Investors information on the claims process
October 27, 2023 Judgment: Motion to establish a claim process granted (pdf - 3 MB)This link will open in a new windowUpdated on November 24, 2023Cape Cove - Jugement : Accueil de la requête pour approbation d'un processus de réclamation (in French only)
July 12, 2023 Judgment: Motion to establish a basis of distribution granted (pdf - 6 MB)This link will open in a new windowUpdated on July 19, 2023Gestion financière Cape Cove - Jugement : Accueil de la requête pour mode de distribution (in French only)
June 19, 2023 Notice to investors - Submission of a motion to establish a basis of distribution (pdf - 23 KB)This link will open in a new windowUpdated on June 19, 2023Cape Cove - Avis aux investisseurs (in French only)
January 24, 2022 Cape Cove – Superior Court dismisses contestations of receivership orders
January 7, 2002

Superior Court dismisses contestations of receivership orders:

 
October 26, 2021 Cape Cove – Appointment of a receiver for certain companies
October 25, 2021 Judgment: Appointment of a receiver (pdf - 409 KB)This link will open in a new windowUpdated on April 8, 2022 (in French only)
July 27, 2021 Orders against Efstratios Gavriil (alias Sean Gabriel) and Calixa Capital Partners inc. and appointment of a receiver for certain companies
July 22, 2021 Decision of the Financial Markets Administrative Tribunal (pdf - 229 KB)This link will open in a new windowUpdated on April 8, 2022 (in French only)
July 8, 2021 Judgment: Appointment of a receiver (pdf - 377 KB)This link will open in a new windowUpdated on July 8, 2021 (in French only)

Decision relating to Nick Tzaferis

News releases and decisions relating to Claude Dufour and Services Financiers C. Dufour Inc.

News releases and decisions relating to Dany Bergeron and 9278-7381 Québec inc.