==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15037 / September 11, 1996 SECURITIES AND EXCHANGE COMMISSION v. TRANS-AMERICAN OSTRICH TRADERS, INC., LARRY R. EARP, and DAVID P. SILVER, Civil Action No. 96-1559 RMT (Mcx)(C.D. Cal. March 5, 1996). The Securities and Exchange Commission ("Commission") today announced that the Honorable Robert M. Takasugi of the United States District Court for the Central District of California entered final judgments against defendants Larry R. Earp ( Earp ) and Trans-American Ostrich Traders, Inc. ( Trans-American ) on August 27 and August 22, 1996, respectively. The final judgment as to Earp was entered pursuant to Earp s consent, while the final judgment as to Trans-American was entered upon the Commission s motion for default judgment. Earp is a resident of Palm Desert, California. The action continues against defendant David P. Silver ( Silver ). In its Complaint filed on March 5, 1996, the Commission alleged that all three defendants had violated the securities registration provisions of the federal securities laws (Sections 5(a) and 5(c) of the Securities Act of 1933 ( Securities Act )) by offering and selling unregistered securities in a series of partnerships purportedly organized for the purpose of acquiring, raising, and breeding ostriches. Further, the Complaint alleged that the defendants violated the anti-fraud provisions of the federal securities laws (Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act of 1934 ( Exchange Act ), and Rule 10b-5 thereunder) by making untrue statements of material facts and by omitting to state material facts in connection with the offer and sale of the unregistered ostrich partnership securities. Finally, the Complaint alleged that Earp and Silver violated the broker registration provision of the federal securities laws (Section 15(a) of the Exchange Act) by acting as brokers without being registered as such with the Commission. The Commission alleged in its Complaint that, beginning in November 1993 and continuing into December 1994, the defendants offered and sold to the public investments designated as partnership units in 17 ostrich partnerships. Defendants raised at least $7.45 million through the sale of the ostrich partnership units to approximately 350 investors in at least 40 states. The final judgment entered against Earp contains all of the permanent injunctive relief requested in the Complaint. Specifically, Earp is enjoined permanently from violating Sections 5(a), 5(c), and 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, and Section ==========================================START OF PAGE 2====== 15(a) of the Exchange Act. The final judgment also bars Earp from acting as an officer or director of any public company. The final judgment entered against Trans-American also contains all of the permanent injunctive relief requested in the Complaint. Specifically, Trans-American is enjoined permanently from violating Sections 5(a), 5(c), and 17(a) of the Securities Act and Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder. In addition, Trans-American is ordered to pay $7,170,000 in disgorgement, pre-judgment interest thereon in the amount of $863,342.58, and a civil penalty of $7,170,000. The Commission today also announced the institution of administrative proceedings pursuant to Section 15(b)(4) of the Exchange Act against Earp based upon the entry of the injunction described above. Simultaneous with the institution of these proceedings, the Commission accepted Earp s Offer of Settlement in which he consented to the issuance of an order, without admitting or denying the findings contained therein except the finding that he was permanently enjoined from violating certain provisions of the federal securities laws, that bars him from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. (In the Matter of Larry R. Earp, Administrative Proceeding File No. 3-9075) The prior release concerning this matter is Litigation Release No. 14835 (March 5, 1996).