==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15146 / November 4, 1996 SEC v. Bilzerian (In re Bilzerian), (No. 96-513-CIV-T-23B) (M.D. Fla.) The Securities and Exchange Commission announced today that on October 22, 1996, The Honorable Steven D. Merryday, United States District Judge for the Middle District of Florida, reversed and remanded a bankruptcy court order of summary judgment against the Commission with instructions that the bankruptcy court enter summary judgment in favor of the Commission. The Commission had moved for summary judgment that its securities fraud judgment against debtor Paul A. Bilzerian was nondischargeable as a debt for money obtained by fraud, relying on the collateral estoppel effect of its securities fraud judgment. The bankruptcy court had denied the motion and sua sponte had entered summary judgment against the Commission on the ground that the Commission's failure to prove reliance (which is not an element of a Commission action) doomed its claim that the judgment was nondischargeable. The Commission appealed the summary judgment to the district court, arguing that, having proved the elements of material misrepresentation and causation in its action, it had met any applicable reliance standard. The district court agreed, and, finding all elements of issue preclusion to be "amply present in this record," ordered the bankruptcy court to enter summary judgment in favor of the Commission. This is the second successful appeal by the Commission in Bilzerian's bankruptcy case. In May 1995, the district court reversed the bankruptcy court's ruling that the Commission lacked standing to object to the discharge in bankruptcy of its disgorgement judgment. On remand, the Commission filed the summary judgment motion that resulted in the instant appeal. Bilzerian was criminally convicted of securities fraud in 1989, and his conviction was upheld on appeal in 1991. He was enjoined in 1991 and in 1993 was ordered to disgorge $33 million in illegal profits, and $29 million in prejudgment interest. Those orders were upheld on appeal in 1994. Bilzerian's criminal and civil liability arose from two schemes in which he made false and misleading filings with the Commission in two purported takeover attempts of public companies. The schemes were directed at, and succeeded in, enticing friendly bidders -- "white knights" -- to take over the target companies and purchase Bilzerian's shares at a huge profit to Bilzerian. ==========================================START OF PAGE 2====== For further information, see Litigation Release No. 14526.