U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15472 / September 4, 1997 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 3, 1997, the Securities and Exchange Commission sued three Southern California businessmen alleging that they conducted a multi- million dollar fraudulent investment scheme involving the fictional trading of securities purportedly issued by major international banks. According to the Commission's complaint filed in federal district court in Los Angeles, from July 1994 through October 1994, the defendants, Rob Nite, age 46, Philip L. Thomas, age 43, and David V. Sims, age 47, offered and sold to the public interests in a bogus 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 most, if not all, of the funds for their own personal benefit, including donations to religious organizations, purchases of luxury automobiles and gifts to family members. The scheme allegedly perpetrated by the defendants is commonly referred to as a "prime bank" scheme, and has been the subject of official warnings issued to investors by several federal agencies including the Securities and Exchange Commission and the Board of Governors of the Federal Reserve System. Defendant Nite is currently incarcerated in federal prison in Arizona serving a 44 month sentence for mail fraud, wire fraud and conspiracy, conduct unrelated to this lawsuit. Sims, who currently resides in Beverly Hills, has previously been sued administratively by the Commission for causing a public company to file false financial statements with the Commission. In the Matter of David Sims and Lewis Kurtz, Exchange Act Rel. 34-37031 (March 27, 1996). Thomas also resides in Beverly Hills. As part of its lawsuit, the Commission seeks permanent injunctions against the defendants prohibiting future violations 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 promulgated thereunder, disgorgement of all ill- gotten gains, plus prejudgment interest and civil penalties. ======END OF PAGE 1======