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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 14909 / May 13, 1996
SEC v. Dan Stuart, (S.D. Fl., Civil Action No. 96-6425-CIV-ZLOCH,
filed May 2, 1996).
The Commission announced that on May 2, 1996, the Honorable
William J. Zloch, United States District Judge for the Southern
District of Florida, entered a permanent injunction enjoining Dan
Stuart ("Stuart") 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.
The defendant consented to the relief without admitting or
denying the allegations set forth in a complaint previously filed
by the Commission on April 22, 1996. The Court further ordered
Stuart to pay disgorgement in the amount of $735,000, including
pre-judgment interest. The Court waived payment of all but
$225,000 of the disgorgement and declined to impose civil
penalties based upon sworn representations by Stuart concerning
his inability to pay the additional sum.
In its complaint, the Commission alleged that Dan Stuart, in
his capacity as president of TransAmerica Wireless Systems, Inc.
("TransAmerica"), directed the use of television infomercials,
mailings and telephone boiler rooms to sell interests in general
partnerships purportedly formed to develop multi-channel
microwave distribution service ("MMDS") "wireless" television
systems, also known as microwave pay television and wireless
cable television. Partnership interests were sold through
TransAmerica, a Florida-based corporation, formerly located in
Fort Lauderdale, and Intercontinental Telecommunications
Corporation ("ITC"), a Florida corporation, formed by the
principals of TransAmerica. Each corporation is currently under
the control of a receiver.
The Commission alleges that agents of TransAmerica and ITC,
acting at the direction of Stuart and other principals,
misrepresented or failed to disclose material facts in connection
with the sales. Among other misrepresentations, TransAmerica and
ITC claimed to be negotiating for FCC licenses when, in fact, no
such negotiations were taking place. Predictions were also made
to the investors of the exorbitant profits to be made, when, in
fact, there was no reasonable basis for the projections.
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SEC v. Dan Stuart, (S.D.
Fl., Civil Action No. 96-6425-CIV-ZLOCH, filed May 2, 1996).
The Commission announced that on May 2, 1996, the Honorable William J. Zloch, United States
The defendant consented to the relief without admitting or denying the allegations set forth
The Court waived payment of all but $225,000 of the disgorgement and declined to impose civil
In its complaint, the Commission alleged that Dan Stuart, in his capacity as president of
Partnership interests were sold through TransAmerica, a Florida-based corporation, formerly
Corporation, a Florida corporation, formed by the principals of TransAmerica.
The Commission alleges that agents of TransAmerica and ITC, acting at the direction of Stuart
Among other misrepresentations, TransAmerica and ITC claimed to be negotiating for FCC
Predictions were also made to the investors of the exorbitant profits to be made, when, in
Until the appointment of a receiver, Danny Sterk was chief executive officer of TransAmerica
On November 28, 1995, a permanent injunction was entered against Sterk in SEC v. Danny Sterk
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