UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15505 / September 24, 1997 SECURITIES AND EXCHANGE COMMISSION v. WHITWORTH ENERGY RESOURCES, LTD.; WILLISTON BASIN HOLDING CORP.; AMERIVEST FINANCIAL GROUP, INC.; PETER SACKER; JERRY W. ANDERSON; and ROBERT M. KERNS, Civil Action No. 97-6980 DT (SHx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that on September 22, 1997, the Honorable Dickran Tevrizian, United States District Judge for the Central District of California, entered a Temporary Restraining Order, Asset Freeze, and Orders Prohibiting the Destruction of Documents and Granting an Accounting, against the following six Defendants: Whitworth Energy Resources, Ltd. and Williston Basin Holding, Corp., managing general partners of at least 18 oil and gas offerings; their affiliated registered broker-dealer, Amerivest Financial Group, Inc.; and their principals, Peter Sacker, Jerry W. Anderson, and Robert M. Kerns, who is a former candidate for United States Congress. The Court also appointed a temporary receiver, Thomas F. Lennon, to take control of the three corporate Defendants, which are all located in Woodland Hills, California. The Complaint alleges that the Defendants, who are currently soliciting investors, have so far raised between $16 million and $19 million from over 500 investors by offering and selling securities in the form of interests in oil and gas wells. It is alleged, however, that the Defendants are operating a Ponzi-like scheme whereby the source of distributions to investors, although represented to be oil and gas revenues, in fact is mostly other investor monies. Additionally, the Defendants in some cases do not own the oil and gas wells they claim to own. The Defendants also sold the same interests in wells to at least three different groups of investors. Furthermore, contrary to the Defendants' representations, investor funds were commingled and are not safeguarded in escrow accounts. The Complaint alleges that the Defendants violated the antifraud provisions, 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 that Amerivest further violated the broker-dealer antifraud provisions, Section 15(c)(1)(A) of the Exchange Act and Rule 15c1-2 thereunder. The Commission seeks preliminary and permanent injunctions prohibiting each Defendant from engaging in securities fraud; disgorgement; payment of civil penalties by Defendants Amerivest; Sacker; Anderson and Kerns, and such further relief as the Court may deem appropriate. The hearing on the Commission's request for a preliminary injunction against the Defendants and appointment of a permanent receiver is scheduled for October 6, 1997. ======END OF PAGE 1======