U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15938 / October 19, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROB NITE; PHILIP L. THOMAS; and DAVID V. SIMS, CIVIL ACTION No. 97-6546 DDP (RZx) (C.D. Cal) On September 30, 1998, the District Court for the Central District of California entered summary judgment against Rob Nite, the sole remaining defendant in the Commission's action filed on September 3, 1997. In the judgment, Nite was permanently enjoined from future violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. Nite was also ordered to pay $3,678,500 in disgorgement plus prejudgment interest thereon and $100,000 in civil penalties. Nite is currently incarcerated in Missoula, Montana, where he is awaiting trial for conspiracy to commit fraud, wire fraud, bank fraud and interstate transportation of stolen property, charges unrelated to the Commission's action. Judgments against the other two defendants, Philip L. Thomas and David V. Sims, were entered on March 2, 1998. Thomas and Sims, without admitting or denying the allegations in the Commission's complaint, consented to the entry of final judgments permanently enjoining them from future violations of the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Commission's complaint, filed in federal district court, alleged that Nite, Thomas and Sims conducted a multi- million dollar fraudulent investment scheme involving the fictional trading of securities purportedly issued by major international banks. The 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.