U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15667 / March 11, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROB NITE; PHILIP L. THOMAS; DAVID V. SIMS, Civil Action No. 97-6546 DDP (RZx) (C.D. Cal) On March 2, 1998, the District Court for the Central District of California entered final judgments of permanent injunction and other relief against Philip L. Thomas and David V. Sims prohibiting future violations of the antifraud provisions of Section 17 (a) of the Securities Act of 1933 and Section 10 (b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Thomas and Sims consented, without admitting or denying the allegations in the complaint filed by the Securities and Exchange Commission, to the permanent injunctions enjoining them from future violations of the federal securities laws. The Commission waived payment of disgorgement and prejudgment interest, and did not assess civil penalties, based upon Thomas s and Sims s demonstrated inability to pay. Litigation is still pending against Rob Nite, the sole remaining defendant, who is currently incarcerated in federal prison on charges unrelated to the Commission s action. On September 3, 1997, the Commission filed the complaint in federal district court in Los Angeles against Nite, Thomas and Sims alleging that they conducted a multi-million dollar fraudulent investment scheme involving the fictional trading of securities purportedly issued by major international banks. The Commission s complaint alleged that from July 1994 through October 1994, the defendants, Nite, age 47, Thomas, age 43 and Sims, age 47, offered and sold to the public interests in a phony program to trade these purported securities, amassing approximately $3.7 million. For their investment, the victims were promised astronomical returns on relatively small investments. Specifically, the complaint alleges that the defendants guaranteed the victims that for an initial investment of either $50,000 or $150,000, they would receive returns of $1 million per week for 40 weeks, or $40 million. Contrary to their promises, the defendants did not invest the victims funds, but instead misappropriated the funds for their own personal benefit, including donations to religious organizations, purchases of luxury automobiles and gifts to family members. ======END OF PAGE 1======