-------------------- BEGINNING OF PAGE #1 ------------------- U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14722 / November 16, 1995 SECURITIES AND EXCHANGE COMMISSION v. AMERICAN BUSINESS SECURITIES, INC., ET AL., Civil Action No. 94-4866 ER(JRx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that on November 7, 1995, Final Judgments of Disgorgement were entered against defendants American Business Securities, Inc. ("ABS"), Southwest Energy Consultants, Inc. ("Southwest"), MacArthur Asset Management, Inc. ("MacArthur"), John L. Casperson, Jr. ("John Casperson"), Barry J. Zimmermann ("Zimmermann"), Thomas A. Hicks ("Hicks") and Tim L. Epps ("Epps"), which ordered them to pay disgorgement and prejudgment interest, but waived payment of portions of these amounts based upon their demonstrated inability to pay them. These defendants consented, without admitting or denying the allegations in the Complaint, to the entry of the Final Judgments. Southwest and Zimmermann were ordered to jointly and severally pay $4,759,171.81 in disgorgement, of which they will pay $3,526,300.00. MacArthur and Hicks were ordered to jointly and severally pay a total of $3,271,569.00 in disgorgement, of which they will pay $3,133,370.00. ABS and John Casperson were ordered to jointly and severally pay a total of $4,645,519.00 in disgorgement, of which they will pay $121,112.22. Epps was ordered to pay, jointly and severally with defendant Trans Terra Corporation, International, $6,338,248.66 in disgorgement, of which he will pay $20,258.96. The Commission's Complaint alleges that from mid-1989 to mid-1994, the defendants engaged in the fraudulent offer and sale of oil and gas limited partnership and trust investments. In some cases, the wells had never been acquired. In addition, returns to investors were preset and not based on actual well production. The Complaint alleges that approximately $40 million was raised from over 1,000 investors, most of whom are elderly. On November 1, 1995, the Court found, following a trial, that the remaining two defendants, Jeffrey Casperson and Western Energy Acquisitions, Inc. ("WEA") were jointly and severally liable for disgorgement of $4,062,614.00 and prejudgment interest thereon, and ordered WEA to pay a third-tier civil penalty of $4,062,614.00. Previously, the Court ordered defendants Jerome Casperson and Joseph Casperson to disgorge their ill-gotten gains of $6,313,663.34, and $684,882.21 respectively, with payment by Joseph Casperson of all but $25,836.38 waived due to his demonstrated inability to pay. All of the defendants had previously been enjoined from violating 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, and additionally ABS had been enjoined from violating the antifraud provisions of Section 15(c) of the Exchange Act and Rule 15c1-2 thereunder. See LR 14714; LR 14171; LR 14190; LR 14210; LR 14251; LR 14219. -------------------- BEGINNING OF PAGE #2 -------------------