Order to Show Cause – Page 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

________________________________________________

:

SECURITIES AND EXCHANGE COMMISSION, :

:

Plaintiff, :

:

vs. : Civil Action No.: 3:03-CV-1763-L

:

UNISTAR FINANCIAL SERVICE CORP., :

a Delaware corporation, :

MARC A. SPARKS, :

F. JEFFREY NELSON, :

PHILLIP H. CLAYTON, :

DINO A. ROMANO, :

CYNTHIA JACKSON, :

INTERMARK INVESTMENTS, INC., :

a Texas corporation, :

TURNER HOLDINGS, INC., :

a Texas corporation, and :

NICOLE CLAYTON CAVER, :

:

Defendants. :

________________________________________________

ORDER TO SHOW CAUSE

Before the court is Plaintiff Securities and Exchange Commission’s (“Commission”)

Application for Order to Show Cause, filed September 25, 2008. After carefully considering the

application, record, and applicable law, the court grants the Commission’s Application for Order

to Show Cause.

Accordingly, it is ordered that Defendant Dino A. Romano (“Romano”), in person and

through counsel, shall appear before the undersigned at 10:00 a.m. on November 4, 2008, in

Courtroom 1320, 1100 Commerce Street, Dallas, TX 75242-1003, to show cause, if any there be,

why Romano should not be adjudicated in contempt of this court’s October 3, 2006, Final Judgment

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Order to Show Cause – Page 2

by Default Against Dino A. Romano that requires Romano to make disgorgement in the amount of

$31,050,029 and to pay prejudgment interest in the amount of $17,585,816 and should not be

required to take such steps as may be appropriate and/or necessary to remedy that contempt,

including, but not limited to: (a) directing Romano to transfer to the registry of the court (i) all

currency, (ii) all funds on deposit with one or more banks, trust companies, savings and loan

associations and/or other financial institutions, (iii) all stocks, bonds, certificates of deposit and/or

other securities and (iv) all causes of action legally and/or beneficially owned by Romano and (v)

the contents of all safety deposit boxes controlled by him; and (b) requiring Romano to disclose the

existence and location of any and all property, real, personal or otherwise, in which he may have a

legal, beneficial or other interest, whether separate, community or otherwise.

It is further ordered that Romano, in person and through counsel, shall show cause, if any

there be, why he should not be remanded immediately to the custody of the United States Marshal

for the Northern District of Texas until either he has made complete disgorgement or posted a cash

bond in the sum of $48,635,845.

It is further ordered that, if Romano wishes to contest the relief sought by the Commission,

he shall file a memorandum of points and authorities setting forth all factual matters and legal

authorities, including citations to appropriate statutes and case, on which he intends to rely in

opposing the Commission’s relief no later than October 21, 2008 at 5:00 p.m. 

It is further ordered that the Commission shall personally serve Romano with this order and

file proof of service with the court no later than October 28, 2008 at 5:00 p.m. The court will not

hold a hearing unless the Commission has filed proof of personal service on Romano by this date.

It is finally ordered that United States Marshal in any district in which Romano resides or

may be found is authorized and directed to make service on him at the request of the Commission.

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Order to Show Cause – Page 3

It is so ordered this 2nd day of October, 2008.

_________________________________

Sam A. Lindsay

United States District Judge

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