U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 21330 / December 10, 2009

DEFAULT JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF ENTERED AGAINST DEFENDANTS BERKSHIRE RESOURCES, L.L.C., BERKSHIRE (40L), L.L.P., BERKSHIRE 2006-5, L.L.P., PASSMORE-5, L.L.P., GUEYDAN CANAL 28-5, L.L.P., GULF COAST DEVELOPMENT #12, L.L.P., AND DRILLING DEEP IN THE LOUISIANA WATER, J.V.

SEC v. Berkshire Resources, et al., Civil Action No. 09-0704-SEB-JMS

The Commission announced that on November 20, 2009, the United States District Court for the Southern District of Indiana entered a Default Judgment of Permanent Injunction and Other Relief against Berkshire Resources, L.L.C., Berkshire (40L), L.L.P., Berkshire 2006-5, L.L.P., Passmore-5, L.L.P., Gueydan Canal 28-5, L.L.P., Gulf Coast Development #12, L.L.P., and Drilling Deep In the Louisiana Water, J.V. (the "Berkshire Defendants"). The default judgment enjoins the Berkshire Defendants from violating 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.

Previously, the Commission filed a complaint against the Berkshire Defendants and others alleging they carried out an oil and gas offering fraud.

For more information on earlier actions in this case, see LR-21074 (June 9, 2009).