SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16111 \ April 14, 1999 SECURITIES AND EXCHANGE COMMISSION v. WHITWORTH ENERGY RESOURCES, LTD., ET AL., Civil Action No. 97-6980 CAS (SHx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that, following a bench trial, on April 2, 1999, the Honorable Christina A. Snyder, United States District Judge for the Central District of California, entered a Final Judgment Of Permanent Injunction And Other Relief Against Defendants Peter Sacker, Jerry W. Anderson and Robert M. Kerns. The Court enjoined the Defendants from further violations of the antifraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 and granted other relief. Previously, on May 18, 1998, the Court had entered an Order Granting Partial Summary Judgment, in which it found that the Defendants had defrauded over 500 investors, many of whom are elderly, of between $16 million and $19 million in at least 18 offerings of interests in oil and gas leases and wells made between 1992 and 1997. Among other things, the Defendants (1) engaged in a Ponzi- like scheme where they told investors they were receiving distributions from revenue generated by the sale of oil and gas when in fact most of the monies were from other investors; (2) failed to disclose that the operator of most of the wells claimed a substantial debt was owed to it and was withholding most of the revenues from the wells (over $1 million); (3) falsely represented that certain wells owned by the Hunt brothers in Texas had been purchased when they had not; (4) "assigned" the same wells to at least three joint ventures; and (5) grossly overstated, by a factor of 20, the interest owned by Defendant Whitworth Energy Resources, Ltd. in 400 wells owned by a joint venture to which it belonged. The defendants were permanently enjoined from further violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. In addition, the Defendants have further each been ordered to disgorge their ill- gotten gains of $643,113 (Sacker), $981,625 (Anderson) and $204,580 (Kerns), together with prejudgment interest thereon. Additionally, each Defendant has been ordered to pay a maximum third tier civil penalty equalling his gross pecuniary gains in the five years prior to the action being brought of $551,845 (Sacker), $822,781 (Anderson) and $167,150 (Kerns). Previously, on October 16, 1997, and September 22, 1997, respectively, the Commission had obtained a preliminary injunction and a temporary restraining order and orders prohibiting violations of the antifraud provisions and freezing the Defendants' assets, prohibiting the destruction of documents, and appointing a Receiver.