UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15830 / August 4, 1998 SECURITIES AND EXCHANGE COMMISSION v. GARY MOSS , 4:98-MC-0010, USDC, ND/TX, Fort Worth Judge John McBryde, federal judge for the Northern District of Texas, issued a warrant for the arrest of Gary Moss of El Paso, Texas, for failing to appear in Court on August 3 as previously ordered. The arrest warrant is the latest development in Moss' continuing failure to fully comply with a Securities and Exchange Commission subpoena served on Moss on November 11, 1997. The subpoena required Moss to appear and testify and produce certain documents and records related to Moss' financial dealings and securities sales activities. When Moss failed to comply with the Commission's subpoena, the Commission filed an application with the Court on May 4, 1998 to enforce compliance. On May 13, Judge McBryde ordered Moss to appear in Court on July 17 to provide evidence as to why he should not be compelled to comply with the Commission's subpoena. At the hearing on July 17, Judge McBryde ordered Moss to appear at the Commission's offices on July 20 to testify and produce all required documents. On July 20, Moss appeared for testimony at the Commission's offices, but failed to produce all the documents mentioned in the subpoena in violation of the Court's order. Upon a second subpoena enforcement application by the Commission on July 29, Judge McBryde ordered Moss to appear again in Court on August 3 or be subject to coercive sanctions to enforce compliance of the Commission's subpoena. Moss' failure to appear before Judge McBryde as ordered prompted the issuance of the arrest warrant.