UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16121 \ April 22, 1999 SECURITIES AND EXCHANGE COMMISSION v. ENSERCO, INC., d/b/a ENERGY SERVICE COMPANY, JOHN P. BRINK, ANTHONY J. LEO AND FRANK BRAVO, JR. H-97-0983, USDC, SD/TX (Houston Division) On April 14, 1999, United States District Judge Kenneth Hoyt entered final judgments by default against Frank Bravo, Jr. ("Bravo") and Anthony J. Leo ("Leo"). The default judgments impose a $100,000 civil penalty against each defendant, and continue the orders of permanent injunction and disgorgement entered previously against Bravo and Leo. On August 15, 1997, Bravo was permanently enjoined by default from violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") , and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder and ordered to pay disgorgement in the amount of $699,975, plus prejudgment interest of $147,214.85. Leo was permanently enjoined by default from violations of Sections 5(a), 5(c) and 17(a) of the Securities Act, and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder and ordered to pay disgorgement in the amount of $244,066.60, plus prejudgment interest of $96,732.46. Enserco Inc., dba Energy Service Company, which is now defunct, was dismissed from the civil action on May 15, 1998. The Commission’s complaint alleged that the defendants raised approximately $3.6 million from investors in 39 states for the purpose of purchasing oil field equipment and pipe. Enserco was to resell the equipment and return a portion of the profits to investors. Investors were guaranteed returns of up to 25% per annum, with complete security of principal, and were told that there were no risks associated with the investment. Further, the complaint alleged that Leo and Bravo received undisclosed commissions for their efforts in selling Enserco securities. DEFAULT JUDGMENT ENTERED AGAINST FRANK BRAVO, JR. AND ANTHONY J. LEO On April 14 United States District Judge Kenneth Hoyt entered final judgments by default against Frank Bravo, Jr. and Anthony J. Leo. The default judgments impose a $100,000 civil penalty against each defendant, and continue the orders of permanent injunction and disgorgement entered previously against Bravo and Leo. On August 15, 1997, Bravo was permanently enjoined by default from violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 (Securities Act) , and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder and ordered to pay disgorgement in the amount of $699,975, plus prejudgment interest of $147,214.85. Leo was permanently enjoined by default from violations of Sections 5(a), 5(c) and 17(a) of the Securities Act, and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder and ordered to pay disgorgement in the amount of $244,066.60, plus prejudgment interest of $96,732.46. Enserco Inc., dba Energy Service Company, was dismissed from the civil action on May 15, 1998. The Commission’s complaint alleged that the defendants raised approximately $3.6 million from investors in 39 states for the purpose of purchasing oil field equipment and pipe. Enserco was to resell the equipment and return a portion of the profits to investors. Investors were guaranteed returns of up to 25% per annum, with complete security of principal, and were told that there were no risks associated with the investment. Further, the complaint alleged that Leo and Bravo received undisclosed commissions for their efforts in selling Enserco securities. [Securities and Exchange Commission v. Enserco, Inc., et al., H-97-0983, USDC, SD/TX (Houston Division)] (LR- ) Phillip W. Offill Fort Worth District Office 817/978-6450