-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14743 / November 30, 1995 SECURITIES AND EXCHANGE COMMISSION v. TRANSAMERICA WIRELESS SYSTEMS,INC., ET AL., Case No. 94-6805-CIV-GONZALEZ (S.D. FL.) On November 29, 1995, after a two day evidentiary hearing, the Honorable Jose A. Gonzalez, Jr., United States District Judge for the Southern District of Florida, found Defendant Danny Sterk ("Sterk"), his wife Fanny Sterk, and their counsel, Forrest Sygman, Esq. ("Sygman"), in contempt of court for disbursing funds in violation of a freeze order previously entered by the Court. The Sterks reside in Coral Springs, Florida. Sygman resides in Coral Gables, Florida. The Commission's motion for an order to show cause alleged that prior to the order freezing assets owned or controlled by Sterk, which the Court entered on August 24, 1994, Sterk placed $150,000 of proceeds from the underlying fraudulent scheme into Sygman's attorney trust account purportedly in trust for the benefit of Sterk's children. Although those funds were ostensibly controlled by Fanny Sterk as trustee, the Commission alleged that Sterk in fact controlled the funds. Subsequent to the asset freeze, Fanny Sterk and Sygman disbursed $136,910 of those funds at the direction of and for the benefit of Sterk, in violation of the Court's order. Among other things, the Commission alleged that funds were disbursed to pay Sterk's legal bills, to pay a fine imposed against Sterk in a previous action brought by the Federal Trade Commission, and to open a new boiler room. In addition to the funds disbursed through Sygman's trust account, the Commission alleged that at the time of the freeze order, Sterk had accumulated between $25,000 and $50,000 in cash which he subsequently spent in violation of the Court order. The Court assessed a total compensatory fine of $175,000, with the Sterks jointly and severally liable for the entire fine, and Sygman jointly and severally liable for $136,910. The Court ordered the contemnors to make payment within 45 days from the date of the order. On August 23, 1994, the Commission filed its complaint in this action, alleging that Defendants TransAmerica Wireless Systems, Inc., Intercontinental Telecommunications Corporation and Danny Sterk ("Sterk") were conducting unregistered fraudulent offerings of securities, purportedly for the purpose of building and operating wireless cable television systems.