UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16386 / December 10, 1999
SECURITIES AND EXCHANGE COMMISSION V. TRINITY GAS CORPORATION AND
SIDNEY W. SERS, Civil Action No.4-97CV-1018Y (N.D. Tex., Fort Worth
Division)
The Securities and Exchange Commission announced that on November 23,
1999, the Honorable Terry Means, United States District Judge for the
Northern District of Texas, Ft. Worth Division, granted a summary
judgment against defendant Sidney W. Sers, the former President and
Chief Executive Officer of Trinity Gas Corporation. The Judgment
permanently enjoined Sers from violating Sections 5(a), 5(c) and 17(a)
of the Securities Act of 1933, and Section 10(b) of the Securities
Exchange Act of 1934 and rule 10b-5 thereunder. Sers was also ordered
to pay disgorgement of $11,607,442, plus prejudgment interest, and a
civil penalty of $110,000. In partial satisfaction of the disgorgement
order, the Court directed that approximately $4 million of Sers' funds
that was previously frozen by the Court, be turned over to the
reorganized Trinity for the benefit of its shareholders.
The Court found that between May 1996 and November 1997, in connection
with the offer, purchase and sale of Trinity stock, Sers knowingly and
intentionally made material misstatements and omitted to state
material facts concerning, among other things, Trinity's purported
ownership and valuation of a Colombian oil and gas concession. The
Court further found that during the period that Sers was publicly
disseminating false and misleading information, he directly and
indirectly sold at least 49 million unregistered Trinity shares to the
public, including 2.68 million shares in the over-the-counter market.
Sers was also found to have misappropriated at least $2.8 million in
Trinity funds.
Sers remains the subject of a civil contempt order and arrest warrant
as a result of his violations of the Court's January 7, 1998 asset
freeze order. Among other things, Sers was found by the Court to have
transferred approximately $800,000 in stock proceeds to his
privately-held Cayman corporation the day after the freeze order was
entered. Sers is a fugitive and presently resides in Cali, Colombia.
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Modified 12/14/1999
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SIDNEY W. SERS, Civil Action No.4-97CV-1018Y (N.D.
Tex., Fort Worth Division)
The Securities and Exchange Commission announced that on November 23, 1999, the Honorable
The Judgment permanently enjoined Sers from violating Sections 5, 5and 17of the Securities
Sers was also ordered to pay disgorgement of $11,607,442, plus prejudgment interest, and a
In partial satisfaction of the disgorgement order, the Court directed that approximately $4
The Court found that between May 1996 and November 1997, in connection with the offer,
The Court further found that during the period that Sers was publicly disseminating false and
Sers remains the subject of a civil contempt order and arrest warrant as a result of his
Among other things, Sers was found by the Court to have transferred approximately $800,000 in
Sers is a fugitive and presently resides in Cali,
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