==========================================START OF PAGE 1====== U.S. Securities and Exchange Commission Litigation Release No. 15293 / March 14, 1997 SEC v. TransAmerica Wireless Systems, Inc., Intercontinental Telecommunications Corp., and Danny Sterk, (S.D. Fl., Civil Action No. 94-6805-CIV-GONZALEZ) The Securities and Exchange Commission announced today that on March 4, 1997, the Honorable Jose A. Gonzalez, U.S. District Judge for the Southern District of Florida, entered an Order Adjudicating Defendant Danny Sterk In Civil Contempt and Ordering His Incarceration Under Certain Circumstances and Referring the Matter to U.S. Attorney's Office. The Court entered the Order after three hearings were held in January and February 1997 on the Court's August 6, 1996 and September 19, 1996 Orders to Show Cause why the defendant Danny Sterk ("Sterk") should not be held in civil contempt for violating the Court's previous orders of November 28, 1995 and May 17, 1996 requiring Sterk to pay a contempt fine of $175,000; to file a sworn accounting of his finances; and to pay disgorgement in the amount of $1,007,783.87. The actions arise from the complaint filed on August 23, 1994 by the Commission alleging that Sterk, as chief executive officer of TransAmerica Wireless Systems and a principal of Intercontinental Telecommunications Corp., obtained funds from investors by misrepresenting or failing to disclose material facts in connection with the sale of general partnership interests in ventures formed to create "wireless cable" television systems. On November 28, 1995, without admitting or denying the allegations against him, Sterk consented to the entry of a judgment of permanent injunction and other relief. On December 14, 1995, the Court ordered Sterk and others held in civil contempt for violating previous Court orders freezing the assets of Sterk and his wife. The Court ordered a compensatory fine of $175,000 be paid be Sterk and others for violating the Court orders. On May 17, 1996, Sterk was directed by the Court to pay disgorgement and prejudgment interest in the amount of $1,007,783.87 within 45 days of the date of the order. Prior to the January and February 1997 hearings, Sterk transferred his residence and certain items of personal property to the Receiver appointed by the Court in partial compliance with the Court's disgorgement order. The Court found that the transfer was insufficient to satisy the Disgorgement Order. The Court determined that Sterk had failed to show an inability to comply with the Orders while finding that the Receiver and the Commission had presented a prima facie case that Sterk had the means to pay the moneys owed under the Disgorgement and Contempt Orders. The Court found that there was clear and convincing evidence that Sterk was in civil contempt of the Court's Disgorgement Order and of the Court's December 1995 Contempt Order. ==========================================START OF PAGE 2====== Judge Gonzalez ordered Sterk to pay the Receiver the sum of $25,000 on or before March 15, 1997, and to begin monthly payments of $2,000 on April 30, 1997, until the disgorgement was paid in full. If Sterk fails to make a payment, he is subject to arrest and incarceration upon the Receiver's notification to the Court. The matter was also referred to the U.S. Attorney's Office for the Southern District of Florida for further investigation of possible perjury by Sterk concerning sworn statements made by Sterk concerning his finances. See also: L.R. 14921 (May 29, 1996), L.R. 15089 (September 27, 1996)