Related Documents:
33-9621
04-Aug-2014
Administrative Proceeding
Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and 21C of the Securities Exchange Act of 1934
On August 4, 2014, the SEC instituted cease-and-desist proceedings against Houston American Energy Corp., alleging that it "promoted its interest in COP-4 block (an oil and gas exploration and production area) with a series of fraudulent statements and omissions that materially exaggerated the block's value to Houston American and downplayed any associated risks."
2014-158
04-Aug-2014
Press Release--Administrative Proceeding
SEC Announces Oil-and-Gas Fraud Charges Against Houston-Based Company and CEO
On August 4, 2014, the SEC announced charges against Houston-based oil-and-gas exploration and production company Houston American Energy Corp. ("Houston American") and its CEO John F. Terwilliger for making fraudulent claims about the company's oil reserves. The SEC's order instituting administrative proceedings also charges stock promoter Kevin T. McKnight and his firm Undiscovered Equities Inc., who were paid by Houston American to disseminate its fraudulent claims about the oil-and-gas concession project in Colombia.
Order Scheduling Hearing and Designating Presiding Judge
On August 6, 2014, SEC issued an order scheduling hearing and designating Carol Fox Foelak as the presiding judge.
Postponement Order
On August 22, 2014, the Administrative Law Judge issued an order postponing the hearing scheduled to for September 2, 2014.
Protective Order
On August 22, 2014, the administrative law judge granted a "protective order", ordering that "all persons obtaining access to the Bluesheet Documents, Brokerage Account Documents, or information contained therein, including Respondents and Respondents' Counsel, shall use those documents and that information solely for the preparation for the hearing in this proceeding."
Prehearing Order
On September 4, 2014, Administrative Law Judge Carol Fox Foelak denied a "Motion to Strike from the OIP any request for civil monetary penalties" and ordered that all filings must be made in hard copy.
Order Redesignating Presiding Judge
On September 26, 2014 the SEC designated Administrative Law Judge Jason S. Patil as the new judge on the case.
Order Denying Motion For More Definite Statement
On September 30, 2014, the Administrative Law Judge denied a motion for more definite statement In the Matter of Houston American Energy Corp., John F. Terwilliger, Jr., Undiscovered Equities Inc., and Kevin T. McKnight.
Prehearing Orders
On October 6, 2014, Administrative Law Judge Jason S. Patil adopted a prehearing schedule for the administrative proceedings to begin January 12, 2015. The prehearing schedule sets out deadlines for filing initial expert reports, witness and exhibit lists, rebuttal expert reports, and prehearing briefs.
Order on Subpoena Requests
On October 7, 2014, Administrative Law Judge Jason S. Patil issued an Order on Subpoena Request, which granted in part and denied in part the request of Respondents Houston American Energy Corp. and John F. Terwilliger, Jr. for the issuance of subpoenas to Netherland, Sewell & Associates, Inc., SK E&P Company, and the SEC.
Protective Order
On October 24, 2014, in response to non-party SK E&P Company's Motion for Entry of Protective Order to protect the confidential, proprietary, and trade secret information contained in the documents subject to a subpoena issued October 7, 2014, the SEC set out the provisions governing the production, handling, and review of those documents.
Order on Netherland, Sewell Subpoena
On November 7, 2014, Administrative Law Judge Jason S. Patil issued an Order on Netherland, Sewell Subpoena, which denied Netherland, Sewell's application to quash the subpoena but granted in part its application to modify the subpoena.
Protective Order
On November 14, 2014, Administrative Law Judge Jason S. Patil issued a Protective Order to govern the production, handling, and review of the documents produced by Netherland, Sewell to the Division of Enforcement and Respondents Houston American Energy Corp. and John F. Terwilliger, Jr. pursuant to the Subpoena issued October 7, 2014, as modified by the Order issued November 7, 2014.
Order Scheduling Prehearing Conference
On December 3, 2014, Administrative Law Judge Jason S. Patil issued an Order Scheduling Prehearing Conference.
Order Granting Motion for Leave to File Motion for Summary Disposition
On December 12, 2014, Administrative Law Judge Jason S. Patil issued an Order Granting Motion for Leave to File Motion for Summary Disposition.
Order on Witness List of Respondents Houston American Energy Corp. and John F. Terwilliger, Jr.
On December 23, 2014, Administrative Law Judge Jason S. Patil issued the Order on Witness List of Respondents Houston American Energy Corp. and John F. Terwilliger, Jr. ("Order"). According to the Order, Respondents Houston American Energy Corp. and John F. Terwilliger, Jr. ("Houston American Respondents") listed an attorney of the Division of Enforcement ("Division") as a potential witness. Pursuant to the Order, unless the Division consents, the Houston American Respondents must file a motion to permit the testimony.
Order on Request for the Issuance of Subpoena to Columbia Wanger Asset Management, LLC
On December 23, 2014, Administrative Law Judge Jason S. Patil granted two document production requests by Houston American Energy Corp., ordering that non-party Columbia Wanger Asset Management, LCC produce certain documents. The SEC denied a third request by Houston American Energy Corp.
Protective Order
On January 2, 2015, following a subpoena issued on December 22, 2014, Administrative Law Judge Jason S. Patil granted a protective order governing the production, handling, and review of documents produced by Columbia Wanger to Houston American Energy Corp. and the Division of Enforcement. Among the provisions listed: "All persons obtaining access to the Subject Documents including Respondents' Counsel, the Houston American Respondents, and the Division, shall use those documents and that information solely for preparation for the hearing in this proceeding."
Order Staying Proceeding as to Houston American Energy Corp. and John F. Terwilliger, Jr.
On January 5, 2015, Administrative Law Judge Jason S. Patil issued an Order Staying Proceeding as to Houston American Energy Corp. and John F. Terwilliger, Jr. ("Order"). The Order granted the motion to stay filed by the Division of Enforcement and Respondents Houston American Energy Corp. and John F. Terwilliger, Jr., pending the SEC's consideration of an offer of settlement.
Order Extending Stay as to Houston American Energy Corp. and John F. Terwilliger, Jr.
On February 26, 2015, Administrative Law Judge Jason S. Patil entered an Order Extending Stay as to Houston American Energy Corp. and John F. Terwilliger, Jr. ("Order"). The Order extends the stay as to Houston American Energy Corp. and John F. Terwilliger, Jr. until the SEC decides to accept or reject the Respondents' settlement offer.
33-9756
23-Apr-2015
Administrative Proceeding
Order Making Findings and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934 as to Houston American Energy Corp. and John F. Terwilliger
On April 23, 2015, the SEC settled administrative proceedings against Houston American Energy Corp. and its president and CEO, John F. Terwilliger. According to the SEC: "Houston American, Terwillger, and their agents promoted Houston American's interest in a CPO-4 block [a oil and gas exploration and production area in Colombia] with a series of fraudulent statements and omissions that materially exaggerated the block's value to Houston American and downplayed any associated risks."
34-83636
16-Jul-2018
Administrative Proceeding
Order Establishing a Fair Fund, Appointing a Fund Administrator, and Setting Administrator's Bond Amount
The Commission stated that: "The Division of Enforcement now recommends that a Fair Fund be established, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended, for the civil penalties paid by the Respondents for distribution to harmed investors. The Division of Enforcement also now recommends the appointment of Heffler Claims Group ("Heffler"), pursuant to Rule 1105(a) of the Commission's Rules on Fair Fund and Disgorgement Plans ("Rules"), as the fund administrator and recommends, pursuant to Rule 1105(c), that the fund administrator's bond be set at $572,500."
34-85185
25-Feb-2019
Administrative Proceeding
Order Appointing Tax Administrator
The SEC stated: "IT IS ORDERED that Miller Kaplan, pursuant to and in accordance with the Omnibus Order, is appointed the Tax Administrator for the QSF in the above-referenced proceeding."
34-95044
06-Jun-2022
Administrative Proceeding
Notice of Proposed Plan of Distribution and Opportunity for Comment
The Commission stated: "Notice is hereby given . . . that the Division of Enforcement has submitted to the Commission a proposed plan of distribution (the “Proposed Plan”) for the distribution of monies paid by Houston American Energy Corp. (“Houston American”), John F. Terwilliger, Jr. (“Terwilliger”), Undiscovered Equities Inc. (“Undiscovered Equities”), and Kevin T. McKnight (“McKnight”) (collectively, the “Respondents”) in the above-captioned matter."
Proposed Plan of Distribution
The Commission stated: "The Division of Enforcement submits this proposed plan of distribution (the “Plan”) . . . . As described in more detail below, the Plan provides for the distribution of funds collected in the above-captioned matter to compensate investors harmed by securities violations of Houston American Energy Corp. (“Houston American”), John F. Terwilliger, Jr. (“Terwilliger”), Undiscovered Equities Inc. (“Undiscovered Equities”), and Kevin T. McKnight (“McKnight”) (collectively, the “Respondents”) as described in the Orders."
34-95432
05-Aug-2022
Administrative Proceeding
Order Approving Corrected Plan of Distribution
The Commission ordered that: "the Proposed Plan is approved, and the approved Plan of Distribution shall be posted
simultaneously with this order on the Commission’s website at www.sec.gov."
Corrected Plan of Distribution
The Commission stated that: "the Plan
provides for the distribution of funds collected in the above-captioned matter to compensate
investors harmed by securities violations of Houston American Energy Corp. (“Houston
American”), John F. Terwilliger, Jr. (“Terwilliger”), Undiscovered Equities Inc. (“Undiscovered
Equities”), and Kevin T. McKnight (“McKnight”) (collectively, the “Respondents”) as described
in the Orders."
34-98486
22-Sep-2023
Administrative Proceeding
Order Directing Disbursement of Fair Fund
The SEC ordered that: "Commission staff shall transfer $438,346.23
from the Fair Fund to the Fair Fund’s escrow account at The Huntington National Bank, N.A.,
and the Fund Administrator shall distribute such monies in accordance with the Plan."
