UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15699 / April 8, 1998 SEC V. ENSERCO, INC., D/B/A ENERGY SERVICE COMPANY, ET AL. H-97-0983 (USDC/ND TX Houston Division) The Securities and Exchange Commission ("Commission") announced that on April 2, 1998, the Honorable Kenneth Hoyt, United States District Judge, entered a Final Judgment against Defendant John P. Brink ("Brink"). Without admitting or denying the allegations in the Commission's Complaint, Brink consented to the entry of a permanent injunction enjoining him from future violations of the securities registration and anti-fraud provisions found in Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Brink agreed to disgorgement in the amount of $459,550.66 together with prejudgment interest in the amount of $137,813.00. Brink's disgorgement amount was waived based on his demonstrated financial inability to pay. The Commission's Complaint alleged that the defendants raised approximately $3.6 million from investors in 39 states for the purpose of purchasing oil field equipment and pipe. Enserco was to resell the equipment and return a portion of the profits to investors. The Complaint alleged that investors were guaranteed returns of up to 25% per annum, with complete security of principal, and were told that there were no risks associated with the investment. In fact, according to the Complaint, Brink operated an undisclosed "Ponzi" scheme whereby monies contributed by new investors were paid as purported profits to previous investors. Further, the Complaint alleges that Brink misappropriated investors' funds, and Leo and Bravo received undisclosed commissions for their efforts in selling Enserco securities.