UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16053 / February 4, 1999 Securities and Exchange Commission v. Trinity Gas Corporation and Sidney W. Sers, 4:97CV1018-Y, USDC ND/TX (Fort Worth) On January 29, 1999, Judge Terry R. Means, federal district judge for the Northern District of Texas, entered a final judgment by consent against defendant Trinity Gas Corporation ("Trinity USA"), and on February 2, a final judgment by default against relief defendant Trinity Gas Colombia ("Trinity Colombia"). The Commission’s complaint charged Trinity USA with fraud in connection with the sale by Trinity USA of approximately $11 million of its stock to at least 250 investors in 13 states. The Commission’s complaint also sought disgorgement from defendant Trinity USA and relief defendant Trinity Colombia, as well as a civil penalty from Trinity USA. Trinity USA, recently reorganized in a Chapter 11 bankruptcy proceeding, consented, without admitting or denying the allegations in the complaint, to the entry of the final judgment. The final judgment permanently enjoins Trinity USA from future violations of the registration and antifraud provisions of the federal securities laws found in Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Act of 1934 and Rule 10b-5 thereunder. The final judgment did not order disgorgement or assess a civil penalty based upon Trinity USA’s agreement to waive any claim to funds recovered from any other defendant or relief defendant in the Commission’s injunctive action. In the final judgment by default entered against Trinity Colombia, Trinity Colombia was ordered to pay disgorgement in the amount of $4,195,310.53, representing the amount paid or attributable to it from the proceeds of the unlawful securities transactions set out in the Commission’s complaint, plus prejudgment interest of $473,915.47.