SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Securities Exchange Act of 1934 Release No. 38914 / August 11, 1997 In the Matter of David P. Silver, Administrative Proceeding File No. 3-9358 The Commission has instituted public administrative proceedings pursuant to Section 15(b)(4) of the Securities Exchange Act of 1934 ( Exchange Act ) against David P. Silver ( Silver ). In the Order, the Division of Enforcement alleges that from in or about November 1993 through in or about December 1994, Silver was a broker as defined by Section 3(a)(4) of the Exchange Act. The Division of Enforcement further alleges that a permanent injunction was entered against Silver in connection with a fraudulent scheme to offer and sell unregistered securities in a series of 17 related partnerships. The Order is based upon the entry of a permanent injunction against Silver in the Commission s previously filed civil action. On June 18, 1997 the Honorable Robert M. Takasugi entered a Final Judgment of Permanent Injunction against Silver which permanently enjoined him from violations of Sections 5(a) and (c) and 17(a) of the Securities Act of 1933 and Sections 10(b), and Rule 10b-5 thereunder, and 15(a) of the Exchange Act. Silver was also ordered to disgorge $178,017, pay prejudgment interest thereon, and was made jointly and severally liable for defendant Trans-American Ostrich Traders, Inc. s disgorgement obligation of $7,170,000 plus prejudgment interest. Finally, the final judgment also bars Silver from acting as an officer or director of any public company. The Commission s complaint in the civil matter alleged that, from in or about November 1993 through in or about December 1994, Silver engaged in a fraudulent scheme to offer and sell unregistered securities in a series of 17 related partnerships purportedly organized for the purpose acquiring, raising, and breeding ostriches. The complaint also alleges that Respondent violated the antifraud provisions of the federal securities laws by making material misrepresentations and omissions in connection with the offer and sale of the unregistered securities. The complaint further alleges that Silver acted as a broker in connection with the sale of the unregistered securities without being registered with the Commission as a broker. A hearing will be scheduled to determine whether the allegations against Silver are true, and, if so, what, if any, remedial action is appropriate in the public interest. ======END OF PAGE 1======