SEC v. KEVIN G. WHITE; KGW CAPITAL MANAGEMENT, LLC; REVELATION FOREX FUND, L.P.; and RFF GP, LLC, No. 4:13-CV-383, Eastern District of Texas (July 12, 2013) — Complaint

IN THE UNITED STATES DISTRICT COURT
FOR
THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff~
v.
KEVIN G. WHITE,
KGW CAPITAL MANAGEMENT, LLC,
REVELATION FOREX FUND, L.P., and
RFF GP, LLC,
Defendants,
and
MERIDIAN PROPANE, L.P., and
W CORPORATE REAL EST ATE, L.P. d/b/a
KGW REAL EST ATE
Relief Defendants.
COMPLAINT
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Case No.:
Plaintiff Securities and Exchange Commission (the "Commission") files this Complaint
against Defendants Kevin
G. White, KGW Capital Management, LLC, Revelation Forex Fund,
L.P., and RFF GP, LLC (collectively "Defendants") and
Relief Defendants Meridian Propane,
L.P. and W Corporate Real Estate, L.P. d/b/a
KGW Real Estate (collectively "Relief
Defendants"), and would respectfully show the Court as follows:
SUMMARY
1. The Commission brings this emergency action to halt an on-going, fraudulent
Forex
1
trading scheme being run by Kevin G. White of Plano, Texas. White, an individual
The term "Forex" is a commonly used abbreviation for "foreign exchange" and is typically used to describe
trading
of various currencies in the foreign exchange market by investors and speculators. The foreign exchange

barred by the New York Stock Exchange CNYSE") in 1992, operates this fraud through two
primary entities that he owns and controls: KGW Capital Management, LLC ("KGW Capital")
and Revelation Forex Fund, L.P. (the "Fund"). KGW Capital purporis
to be "one of the world's
leading private investment firms'' that ··raises, invests, and manages private equity funds, hedge
funds, real estate and other altemative investment vehicles for institutions and high net worth
individuals worldwide." Through White's activities, KGW Capital solicits and raises money for
the Fund, described
as ''a $1 billion highly specialized currency hedge fund" that pools investor
funds
to trade foreign currencies. Neither White nor KGW Capital nor the Fund is registered
with the Commission, the U.S. Commodity Futures Trading Commission ("CFTC"), the
Financial Industry Regulatory Authority ("FINRA"), or any state securities regulator. Likewise,
no offerings
of securities by White, KGW Capital, or the Fund are registered with the
Commission.
2. Through KGW Capital, White has solicited and raised approximately $7.1 million
for the Fund since September
2011 from more than 20 U.S. investors. White and KGW Capital
have procured these funds
as a result of fraudulent misrepresentations to investors. And, of these
investor funds, White has misappropriated more than $1.7 million to, among other things: (i) pay
personal expenses, (ii) finance expensive trips, and (iii) fund other unrelated and undisclosed
businesses and investments.
3. To solicit investments m the Fund, White and KGW Capital misrepresent to
investors and prospective investors that the Fund has achieved total returns of more than 393%
since its inception
in January 2009 and a  compound annual rate of return of more than 36%.
market is a  global, decentralized marketplace that detennines the relative values of different currencies. Unlike
other financial markets, there
is no centralized depository or exchange where transactions are conducted. Instead,
these transactions are conducted
by several market participants in several locations. Much of the trading is done
electronically or by phone, usually through regulated brokers or retail foreign exchange dealers ("RFEDs").
SEC v. Kevin G. White, eta!.
COMPLAINT Page2

White and KGW Capital boast-in marketing materials provided to prospective investors and on
the websites for KGW Capital and the Fund
-that an initial investment of $250,000 in the Fund
in January 2009 would have grown
to $964,591 by Apiil 30, 2013, and to $983,111 by May 31,
2013. These
claims-and others made by White and KGW Capital to investors and prospective
investors are false.
In fact, the Fund has incurred trading losses of $550,000, plus
approximately $1,419,600 in unrealized losses (through May 31, 2013), since
it began Forex
trading in 2011. And while White and KGW Capital tout the
Fund's track record since January
2009, the
Fund's bank and brokerage records reveal that the Fund neither received investor funds
nor began trading until September 2011.
2
Defendants White, KGW Capital, the Fund, and RFF
GP knew or were severely reckless in not knowing that these representations to investors were
false.
4. By reason of these activities and the conduct  described further below, the
Defendants have offered and sold securities, and have violated and, unless enjoined, will
continue
to violate the antifraud provisions of the federal securities laws, specifically Section
17(a)
of the Securities Act of 1933 ("Secuiities Act") [15 U.S.C. §  77q(a)], Section 10(b) ofthe
Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §78j(b)] and Rule 10b-5 [17
C.F.R. §240.1
Ob-5] thereunder.
5. The Commission, m the interest of protecting the public from any further
fraudulent activity and hann, brings this action against the Defendants seeking preliminary and
permanent injunctive relief, disgorgement
of illicit profits plus accrued prejudgment interest
thereon, and a civil monetary penalty, as allowed
by law. The Commission also seeks a
temporary restraining order against the Defendants, an asset freeze against the Defendants and
2
Consistent with this timing, White created the Fund in June 2011 and registered the domain name
"RevelationForex.com" in July 2011.
SEC
v. Kevin G. White, et al.
COMPLAINT
Page 3

the Relief Defendants, the appointment of a  receiver to take possession of the assets of the
Defendants
so that investor funds will not be further dissipated, an accounting, and other
emergency and incidental relief Lastly, the Commission seeks the disgorgement of investor
funds unlawfully obtained
by two Relief Defendants owned and managed by White.
JURISDICTION AND VENUE
6. By this conduct, Defendants have offered and sold limited pminership interests in
the Fund to investors. These limited partnership interests are investment contracts, which are
"securities" under Section 2(a)(1) ofthe Securities Act [15 U.S.C. §77b] and Section 3(a)(10) of
the Exchange Act [15 U.S.C. §78c]. As such, the Court has jurisdiction over this action pursuant
to Section 20(b) ofthe Securities Act [15 U.S.C. §  77t(b)] and Sections 2l(d), 2l(e), and 27 of
the Exchange Act [15 U.S.C. §§ 78u(d), 78u(e), and 78(aa)].
7. Venue is proper because a  substantial part of the events or omissions giving rise
to the claims occurred within the Eastem District
ofTexas, Shem1an Division. Moreover, White
and all Defendants and Relief Defendants reside in Plano, Texas, which
is located within the
Eastem District
ofTexas, Shen11an Division.
DEFENDANTS
8. Kevin G. White, age 53, is  a resident of Plano, Texas, which is  located within the
Eastem District
of Texas. White created, owns, controls, and operates all of the entities nmned
as Defendants and Relief Defendants in this Complaint,
3
including KGW Capital and the Fund.
White is not registered with the Commission, the CFTC, FINRA, or any state securities
regulator.
Similarly, all Defendants and Relief Defendants list the same address in Plano, Texas as their principal
place
of business and as their registered address with the Texas Secretary of State.
SEC v. Kevin G. White, eta!.
COMPLAINT Page4

9. KGW Capital Management, LLC ("KG\V Capital") is a limited liability
company created under the laws of the State of Texas in July 2007 with its principal place of
business in Plano, Texas. White is KGW Capital's owner, president, chief executive officer, and
otherwise controls its operations.
KGW Capital purports to be "one of the world's leading
private investment firms" and "raises, invests and manages private equity funds,
hedge funds,
real estate and other alternative investment vehicles for institutions and high net worth
individuals worldwide."
KGW Capital actively solicits investments in the Fund. Neither KGW
Capital nor any its offerings of securities is registered with the Commission, the CFTC, FINRA,
or any state securities regulator.
10.
Revelation Forex Fund, L.P. (the "Fund") is  a limited partnership created under
the laws
of the State of Texas in June 2011 with its principal place of business in Plano, Texas.
The Fund is owned, controlled, and managed by its general partner, RFF GP, LLC, which in tum
is owned, controlled, and managed by White. The Fund is described as "a $1 billion highly
specialized currency hedge fund." In marketing materials given to prospective investors, the
Fund purports to use highly sophisticated and proprietary software (centered around a  statistical
arbitrage strategy) that it allegedly created to monitor 105 separate cmTency pairings 24 hours a
day, five days a  week. Neither the Fund nor any
of its offe1ings of securities is registered with
the Commission, the CFTC, FINRA,
or any state securities regulator.
11.
RFF GP, LLC, ("RFF GP") is a  limited liability company created under the
laws
of the State ofTexas in July 2011 with its principal place ofbusiness in Plano, Texas. RFF
GP is
the Fund's general partner, purporting to make all investment decisions tor the Fund and to
exert exclusive control over day-to-day operations
of the Fund. White is RFF GP's manager,
director, and registered agent.
SEC v. Kevin G. White, et a!.
COMPLAINT
Page 5

RELIEF DEFENDANTS
12. Meridian Propane, L.P. (''Meridian Propane") is a  limited partnership created
under the laws
ofthe State ofTexas in August 2012 with its principal place ofbusiness in Plano,
Texas. Meridian Propane's general partner is Meridian Propane Partners GP, LLC ("Meridian
GP"), which
is owned, controlled, and managed by White. Meridian Propane has received
approximately $248,600
of investor funds fi·om the Fund.
13. W Corporate Real Estate, L.P. d/b/a KGW Real Estate ("KGW Real Estate")
is a  limited partnership created under the laws of the State of Texas in April 2005 with its
principal place of business in Plano, Texas. White owns, controls, and manages KGW Real
Estate's general partner, W Corporate Real Estate GP, LLC. KGW Real Estate has received
approximately $97,000
of investor funds from the Fund.
STATEMENT OF FACTS
14. As discussed in more detail below, White, KGW Capital, the Fund, and RFF GP
make a  variety
of misrepresentations and omissions to investors. As noted  below, they make
those misrepresentations and omissions: (i) on KGW Capital's website, (ii) on the Fund's
website, (iii) in the Private Offering Memorandum for the Fund provided
to investors, (iv) in
marketing materials handed out
to prospective investors, (v) during in-person solicitations to
prospective investors, and (vi) in promotional materials provided to the MoneyShow to advertise
and market its speakers.
Misrepresentations and Omissions about White's Background
15. White represents to the public (for example, on the public portion ofhis Linkedln
profile at www.Linkedln.com) that
he earned a  Bachelor of Business  Administration ("BBA")
SEC v. Kevin G. White, eta!.
COMPLAINT Page 6

degree from Stephen F. Austin State University in Nacogdoches, Texas. While he attended the
school
t!·om September 1978 to May 1981, White neither graduated nor received a degree.
16. White and KGW Capital also routinely represent to investors and prospective
investors
4
that White had a distinguished ''25 year Wall Street career" with the Shearson Lehman
family
of companies. These representations are false. In fact, White spent only six years as a
licensed securities professional in Houston, Texas before being ban·ed by the New York Stock
Exchange ("NYSE").
17. In January 1982, White entered the securities industry as a registered
representative with Shearson Lehmani American Express, Inc. ("Shearson Lehman"). In
February 1987, Shearson Lehman tenninated White's employment. In March 1987, White
joined E.F. Hutton. By January 1988, E.F. Hutton had merged with Shearson Lehman and
terminated White's employment for not disclosing to E.F. Hutton that at least five customer
complaints had been lodged against him while employed by Shearson Lehman. As a result
of his
history
of customer complaints and/or two tenninations, several states took action against White,
including:
• Mississippi: Rejected White's application for registration in May 1987, based on
past disciplinary history;
• Florida: Denied White's application for registration in August 1987, based on his
failure
to disclose his disciplinary record and his unworthiness to transact the
business
of an associated person; and
• Illinois: Revoked White's registration as a salesperson in October 1988.
18. In July 1992, the NYSE censured and barred White for four years from
employment or association with any NYSE member or member organization for:
4
White and KGW make these representations: (i) on KGW Capital's website, (ii) on the Fund's website, (iii)
in the Private Offering Memorandum for the Fund, (iv) in marketing materials handed out to prospective investors,
and (v) in promotional materials provided to The MoneyShow to advertise and market its speakers.
SEC v. Kevin G. White, et a!.
COMPLAINT
Page 7

• conducting unauthorized options trading in customer accounts;
• engaging in conduct inconsistent with just and equitable principles
of trade by
making material misstatements
to a customer;
• causing a false and misleading document to be sent
to a customer;
• entering into trades in the accounts
of one or more customers without the
knowledge or consent
of customers, and
• making a  misstatement on his
Fonn U-4 (Uniform Application for Securities
Industry Registration) which was filed with the NYSE.
Since the four-year bar, White has not been registered or associated with any NYSE
member or member organization. In addition
to falsely describing his background as a
distinguished 25-year Wall Street career, Defendants White, KGW Capital, the Fund, and RFF
GP failed to disclose White's disciplinary history to prospective investors of the Fund.
19. In June 1995, White filed for Chapter 7 Bankruptcy protection. Defendants
White, KGW Capital, the Fund, and RFF GP failed to disclose White's bankruptcy history to
prospective investors
of the Fund.
White Creates KGW Capital and Uses it  to Make Misrepresentations to Investors
20. Following his six years in the securities industry, White spent more than a decade
working for a  variety of non-Wall Street companies. Subsequently, White became involved in
the commercial real estate business, eventually starting his own finn, W Corporate Real Estate,
L.P. d/b/a KGW Real Estate, in 2005.
21. In July 2007, White created KGW Capital. That same year, White registered the
domain name "KGWCapital.com." KGW Capital represents that
it is  "one of the world's largest
private investment firms
... [that] raises, invests and manages private equity funds, hedge funds
real estate and other alternative investment vehicles for institutions and high net worth
individuals."
As discussed below, KGW Capital's website contains a variety of material
SEC v. Kevin G. White, eta!.
COMPLAINT
Page 8

misrepresentations and omissions. And White and KGW Capital know or are severely reckless
in not knowing that these misrepresentations and omissions arc false.
22. White and KGW Capital offer and sell limited parinership interests in the Fund,
which KGW Capital touts as "a $1 billion highly specialized currency hedge fund." KGW
Capital also currently purports
to otTer several other investment opportunities on its website,
including: (i) the State
of Texas Real Estate Fund -""a $500 million private equity real estate
fund
... run by seasoned real estate veterans who have compiled a  5-year track record that has
outpertonned almost every major investment index in the world," (ii) the Meridian Propane Fund
-a "$25 million tax-advantaged investment fund" that projects a "net IRR of 41% and 3.1X cash
multiple to investors" combined with "projected tax savings
of $177,000 per $250,000
investment," (iii) KGW Energy Notes (formerly listed as a  U.S. Energy Fund) that purport to
offer "guaranteed safety of principle [sic]" tor 3-year notes paying 10 percent annual retums and
5-year notes paying
12 percent annual retums, and (iv) KGW Tax-Free Certificates of Deposit
("CDs") paying interest rates ranging from 5.5 percent for a  one-year CD to 8.5 percent for a
five-year CD. Neither KGW Capital nor any
of its oflerings of securities is registered with the
Commission, the CFTC, FINRA, or any state securities regulators.
White Creates the Revelation Forex Fund and Fraudulently Obtains Investments
23. In June 2011, White formed the Fund as a  limited partnership under Texas law.
The following month, he registered the domain name "RevelationForex.com." During this same
timeframe, White prepared, or caused to be prepared, a  prospectus for the Fund, which he
distributes to investors and prospective investors in the Fund.
24. To raise money for the Fund, White and KGW offer and sell limited partnership
interests in the Fund, which purports to: (i) be limited to 100 accredited investors, and (ii) require
SEC v. Kevin G. Hlhite, et al.
COMPLAINT
Page 9

a minimum initial investments of $250,000. More specifically, investors are told that RFF GP,
as the Fund's general partner (owned and controlled solely by White), pools investor funds
to
trade foreign cuiTencies in order to earn returns that will be used to pay returns to investors.
Other than possessing a limited partnership interest in the Fund, investors
do not play any role in
earning any returns for the Fund.
25.
In September 2011, White: (i) secured the Fund's first investor, an individual in
Houston, Texas who invested $100,000, (ii) opened a  Forex trading account for the Fund with
Forex Capital Markets, LLC ("FXCM"), and (iii) commenced Forex trading on behalf
of the
Fund. Since then, White and KGW Capital have solicited another
$7 million in investments in
the Fund from more than
20 investors across the United States.
26. White and KGW Capital have continued
to actively solicit investments in the
Fund. In particular, they have provided intonnation: (i) on KGW Capital's website, (ii) on the
Fund's website, (iii) in the Private Otiering Memorandum for the Fund, (iv) in marketing
materials handed out to prospective investors, (v) during in-person solicitations about the Fund,
and (vi) in promotional materials provided to the MoneyShow
to advertise and market its
speakers.
27. For example, on May 14, 2013, White and KGW Capital hosted a presentation at
the MoneyShow in Las Vegas
to solicit investments in the Fund. During this presentation, White
distributed marketing materials
to prospective investors that: (i) touted the Fund's 385 percent
total return from January 2009 through April 30, 2013, and its 36 percent annual growth rate; and
(ii) compared the Fund's historical performance and growth
to seven indices and to gold,
purporting
to show that the Fund has more than doubled the next closest investment. On the
websites for KGW Capital (www.KGWCapital.com) and the Fund (www.RevelationForex.com),
SEC v. Kevin G. White, et al.
COMPLAINT
Page
10

White recently published updated Fund performance numbers through May 31, 2013, purporting
to show a  total return for the Fund of 393 percent from January 2009 through May 31, 2013.
These representations are false, as Defendants White, KGW Capital, the Fund, and RFF GP
know or are severely reckless in not knowing.
28. White and KGW Capital also
claim-on KGW Capital's website, in marketing
materials, and orally
in presentations to prospective investors -that the Fund: (i) began in
January 2009, (ii) is a  '·$1 billion highly specialized currency hedge fund," and (iii) "has
achieved positive gains in 42
of the last 52 months (80.77% months with gains) through April
30, 2013." In tact, all
of these representations are false, as Defendants White, KGW Capital, the
Fund, and RFF GP know or are severely reckless in not knowing.
29. As Defendants White, KGW Capital, the Fund, and RFF GP know or are severely
reckless in not knowing: (i) neither the Fund nor its trading activities began in January 2009; (ii)
White and KGW Capital have raised approximately $7.1 million, not $1 billion, in investments
for the Fund; and (iii) the Fund has not achieved a compound annual growth rate of more than 36
percent and total returns
of more than 393 percent. In fact, Fund's FXCM trading records show
trading losses of more than $550,000 and, as of May 31, 2013, unrealized trading losses of
approximately $1,419,600. Moreover, the Fund has achieved a  gain in only seven of the 20
months in which it has actually traded in foreign currencies (not 42
of 52 months, as claimed).
30.
As of May 31, 2013, the Fund has approximately $4.4 million invested in foreign
currency positions with a market value of only approximately $3 million.
White's Misuse of Funds
31. Bank records reveal that White has misappropriated more than $1.7 million in
investor funds to, among other things,
pay for personal expenses, finance other businesses, and
SEC v. Kevin G. White, eta!.
COMPLAINT
Page
11

for other undisclosed purposes unrelated to the Fund's investment activities. Contrary to his
claims to pool investor funds to achieve trading returns, for example, White has routed investor
funds to two
of his other businesses, Relief Defendants Meridian Propane  (approximately
$248,600) and KGW Real Estate ($97,000). Likewise, while Fund offering documents represent
that the
Fund's general partner (RFF GP) charges a  management fee of two percent per year and
a perfonnance fee of 20 percent per year, the amount of investor funds expended by White
greatly exceeds
any management fee or performance fee that RFF GP could have charged the
Fund.
FIRST CLAIM
Violation of Section 17(a) of the Securities Act
32. The Commission repeats and incorporates paragraphs 1 through 31 of this
Complaint by reference.
33. Defendants, directly
or indirectly, singly, in concert with others, in the offer and
sale
of securities, by use of the means and instruments of transportation and communication of
interstate commerce and by use of the mails, have: (a) employed devices, schemes, or artifices to
defraud; (b) obtained money or prope1iy by means of untrue statements of material fact or
omissions to state material facts necessary in order to make the statements made, in light of the
circumstances under
which they were made, not misleading; and (c) engaged in transactions,
practices
or courses ofbusiness which operate or would operate as a fraud or deceit.
34. As part
of and in furtherance of this scheme, Defendants, directly and indirectly,
prepared, disseminated,
or used written offering documents, promotional materials, and oral
presentations, which contained untrue statements of material fact and which omitted to state
material facts necessary in order to
make the statements made, in light of the circumstances
SEC v. Kevin G. White, et a!.
COMPLAINT
Page
12

under which they were made, not misleading, including but not limited to, those statements and
omissions set forih in paragraphs 1 through
31 above.
35. Defendants made the above-referenced misrepresentations and omissions
knowingly or with severe recklessness with regard for the truth. Defendants were also negligent
in their actions regarding the representations and omissions alleged herein.
36. By reason
of the foregoing, Defendants have violated and, unless enjoined, will
continue to violate Section 17(a)
of the Securities Act [15 U.S.C. § 77q(a)].
SECOND CLAIM
Violation of Section 1 O(b) of the Exchange Act and Rule 1 Ob-5
37. The Commission repeats and incorporates paragraphs 1 through 31 of this
Complaint by reference.
38. Defendants, directly or indirectly, singly or
in concert with others, in connection
with the purchase and sale of securities, by use of the means and instrumentalities of interstate
commerce and
by use of the mails have: (a) employed devices, schemes and artifices to defraud;
(b) made untrue statements of material facts and omitted to state material facts necessary in
order to make the statements made, in light
of the circumstances under which they were made,
not misleading; and (c) engaged in  acts, practices and courses
of business which operate as a
fraud and deceit upon purchasers, prospective purchasers and other persons.
39. As a part
of and in furtherance of their scheme, Defendants, directly and
indirectly, prepared, disseminated, or used, marketing materials, offering documents, and oral
presentations, which contained untrue statements
of material facts  and misrepresentations of
material facts, and which omitted to state material facts necessary in order to make the
statements made, in light
of the circumstances under which they were made, not misleading,
including, but not limited to, those set forih in Paragraphs 1 through
31 above.
SEC v. Kevin G. White, et al.
COMPLAINT Page 13

40. Defendants made the above-referenced misrepresentations and omissions
knowingly or with severe recklessness regarding the truth.
41. By reason
of the foregoing, Defendants have violated and, unless enjoined, will
continue to violate the provisions
of Section IO(b) ofthe Exchange Act [15 U.S.C. §  78j(b)] and
Rule lOb-5 thereunder[17 C.F.R. § 240.10b-5].
THIRD CLAIM
Claim against the
Relief Defendants
42. The Commission repeats and incorporates paragraphs 1 through
31 of this
Complaint
by reference.
43. As set fmih in this Complaint, the
Relief Defendants have received funds fl-om
one or more of the Defendants, which are the proceeds of, or are traceable to the proceeds ot: the
unlawful activities
ofthe Defendants as alleged above.
44. The
Relief Defendants have obtained the funds alleged above as part of and in
furtherance
of the securities violations alleged in paragraphs 1 through 31 and, under the
circumstances, it is not just, equitable or conscionable for them to retain the funds. As a
consequence, the
Relief Defendants have been unjustly enriched.
RELIEF REQUESTED
Plaintiff respectfully requests that this Court:
I.
Temporarily restrain and preliminarily enjoin the Defendants from violating the federal
securities laws, including Section 17(a)
of the Securities Act [15 U.S.C. §§ 77e(a),  77e(c), and
77q(a)], and Section 10(b)
ofthe Exchange Act [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. §
240.1
Ob-5] thereunder.
SEC v. Kevin G. White, eta!.
COMPLAINT
Page
14

II.
Pennanently enjoin the Defendants, their agents,  servants, employees, attomeys and all
persons in active concert or participation with them who receive actual notice of the injunction
by personal service or otherwise, and each of them, from future violations of Section 17(a) of the
Securities Act [15 U.S.C.
§§ 77e(a), 77e(c), and 77q(a)], and Section lO(b) ofthe Exchange Act
[15 U.S.C.
§ 78j(b)] and Rule lOb-5 thereunder [17 C.F.R. § 240.10b-5].
III.
Temporarily restrain and preliminarily enjoin Defendant White from pa1iicipating,
directly or indirectly, including but not limited to, through any entity owned or controlled by
Defendant White, in the issuance, purchase, offer, or sale
of any security; and
Pennanently enjoin Defendant White from pmiicipating, directly or indirectly, including
but not limited to, through any entity owned or controlled by Defendant White, in the issuance,
purchase, offer, or sale
of any security, provided however, that such permanent injunction shall
not prevent Defendant White from purchasing or selling securities for his own personal account.
IV.
Order the Defendants to disgorge an amount equal to the funds and benefits obtained
illegally, or to which they are otherwise not entitled,
as a result of the violations alleged herein,
plus prejudgment interest on that amount, and order the Relief Defendants to disgorge any gains
or proceeds they received that are connected to the conduct described above.
v.
Order the Defendants to pay civil monetary penalties in an amount to be determined as
appropriate by the Court pursuant to Section 2l(d) of the Exchange Act [15 U.S.C. § 78u(d)] and
SEC v. Kevin G. White, eta!.
COMPLAINT Page 15

Section 20(d) of the Securities Act [15 U.S.C. § 78u(d)] for their violations of the federal
securities laws as alleged herein.
VI.
Order such further relief as this Couti may deem just and proper, including but not
limited
to emergency relief sought in the contemporaneously filed Motion for Temporary
Restraining Order and Other Emergency Relief.
DATED: July 9, 2013
SEC v. Kevin G. White, eta!.
COMPLAINT
Respectfully submitted,
/~· INIE L. FRANK
I L ad Attorney
\~~ xas Bar No. 07363050
SECURITIES AND EXCHANGE COMMISSION
Burnett Plaza, Suite 1900
801 Cherry St., Unit #18
Fort Worth,
TX 76102-6882
(817) 978-6478
(817) 978-4927 (fax)
[email protected]
B. DAVID FRASER
Texas
Bar No. 24012654
SECURITIES AND
EXCHANGE COMMISSION
Burnett Plaza, Suite 1900
801 Cherry Street, Unit #18
Fmi Worth, TX 76102-6882
(817) 978-1409
(817) 978-4927 (fax)
[email protected]
ATTORNEYS
FOR PLAINTIFF
SECURITIES AND
EXCHANGE COMMISSION
Page 16

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

SECURITIES AND EXCHANGE COMMISSION, 

Plaintiff~ 

v. 

KEVIN G. WHITE, 
KGW CAPITAL MANAGEMENT, LLC, 
REVELATION FOREX FUND, L.P., and 
RFF GP, LLC, 

Defendants, 

and 

MERIDIAN PROPANE, L.P., and 
W CORPORATE REAL EST ATE, L.P. d/b/a 
KGW REAL EST ATE 

Relief Defendants. 

COMPLAINT 

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Case No.: 

Plaintiff Securities and Exchange Commission (the "Commission") files this Complaint 

against Defendants Kevin G. White, KGW Capital Management, LLC, Revelation Forex Fund, 

L.P., and RFF GP, LLC (collectively "Defendants") and Relief Defendants Meridian Propane, 

L.P. and W Corporate Real Estate, L.P. d/b/a KGW Real Estate (collectively "Relief 

Defendants"), and would respectfully show the Court as follows: 

SUMMARY 

1. The Commission brings this emergency action to halt an on-going, fraudulent 

Forex1 trading scheme being run by Kevin G. White of Plano, Texas. White, an individual 

The term "Forex" is a commonly used abbreviation for "foreign exchange" and is typically used to describe 
trading of various currencies in the foreign exchange market by investors and speculators. The foreign exchange 

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Typewritten Text
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barred by the New York Stock Exchange CNYSE") in 1992, operates this fraud through two 

primary entities that he owns and controls: KGW Capital Management, LLC ("KGW Capital") 

and Revelation Forex Fund, L.P. (the "Fund"). KGW Capital purporis to be "one of the world's 

leading private investment firms'' that ··raises, invests, and manages private equity funds, hedge 

funds, real estate and other altemative investment vehicles for institutions and high net worth 

individuals worldwide." Through White's activities, KGW Capital solicits and raises money for 

the Fund, described as ''a $1 billion highly specialized currency hedge fund" that pools investor 

funds to trade foreign currencies. Neither White nor KGW Capital nor the Fund is registered 

with the Commission, the U.S. Commodity Futures Trading Commission ("CFTC"), the 

Financial Industry Regulatory Authority ("FINRA"), or any state securities regulator. Likewise, 

no offerings of securities by White, KGW Capital, or the Fund are registered with the 

Commission. 

2. Through KGW Capital, White has solicited and raised approximately $7.1 million 

for the Fund since September 2011 from more than 20 U.S. investors. White and KGW Capital 

have procured these funds as a result of fraudulent misrepresentations to investors. And, of these 

investor funds, White has misappropriated more than $1.7 million to, among other things: (i) pay 

personal expenses, (ii) finance expensive trips, and (iii) fund other unrelated and undisclosed 

businesses and investments. 

3. To solicit investments m the Fund, White and KGW Capital misrepresent to 

investors and prospective investors that the Fund has achieved total returns of more than 393% 

since its inception in January 2009 and a compound annual rate of return of more than 36%. 

market is a global, decentralized marketplace that detennines the relative values of different currencies. Unlike 
other financial markets, there is no centralized depository or exchange where transactions are conducted. Instead, 
these transactions are conducted by several market participants in several locations. Much of the trading is done 
electronically or by phone, usually through regulated brokers or retail foreign exchange dealers ("RFEDs"). 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page2 

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White and KGW Capital boast- in marketing materials provided to prospective investors and on 

the websites for KGW Capital and the Fund -that an initial investment of $250,000 in the Fund 

in January 2009 would have grown to $964,591 by Apiil 30, 2013, and to $983,111 by May 31, 

2013. These claims- and others made by White and KGW Capital to investors and prospective 

investors are false. In fact, the Fund has incurred trading losses of $550,000, plus 

approximately $1,419,600 in unrealized losses (through May 31, 2013), since it began Forex 

trading in 2011. And while White and KGW Capital tout the Fund's track record since January 

2009, the Fund's bank and brokerage records reveal that the Fund neither received investor funds 

nor began trading until September 2011.2 Defendants White, KGW Capital, the Fund, and RFF 

GP knew or were severely reckless in not knowing that these representations to investors were 

false. 

4. By reason of these activities and the conduct described further below, the 

Defendants have offered and sold securities, and have violated and, unless enjoined, will 

continue to violate the antifraud provisions of the federal securities laws, specifically Section 

17(a) of the Securities Act of 1933 ("Secuiities Act") [15 U.S.C. § 77q(a)], Section 10(b) ofthe 

Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §78j(b)] and Rule 10b-5 [17 

C.F.R. §240.1 Ob-5] thereunder. 

5. The Commission, m the interest of protecting the public from any further 

fraudulent activity and hann, brings this action against the Defendants seeking preliminary and 

permanent injunctive relief, disgorgement of illicit profits plus accrued prejudgment interest 

thereon, and a civil monetary penalty, as allowed by law. The Commission also seeks a 

temporary restraining order against the Defendants, an asset freeze against the Defendants and 

2 Consistent with this timing, White created the Fund in June 2011 and registered the domain name 
"RevelationForex.com" in July 2011. 

SEC v. Kevin G. White, et al. 
COMPLAINT Page 3 

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the Relief Defendants, the appointment of a receiver to take possession of the assets of the 

Defendants so that investor funds will not be further dissipated, an accounting, and other 

emergency and incidental relief Lastly, the Commission seeks the disgorgement of investor 

funds unlawfully obtained by two Relief Defendants owned and managed by White. 

JURISDICTION AND VENUE 

6. By this conduct, Defendants have offered and sold limited pminership interests in 

the Fund to investors. These limited partnership interests are investment contracts, which are 

"securities" under Section 2(a)(1) ofthe Securities Act [15 U.S.C. §77b] and Section 3(a)(10) of 

the Exchange Act [15 U.S.C. §78c]. As such, the Court has jurisdiction over this action pursuant 

to Section 20(b) ofthe Securities Act [15 U.S.C. § 77t(b)] and Sections 2l(d), 2l(e), and 27 of 

the Exchange Act [15 U.S.C. §§ 78u(d), 78u(e), and 78(aa)]. 

7. Venue is proper because a substantial part of the events or omissions giving rise 

to the claims occurred within the Eastem District ofTexas, Shem1an Division. Moreover, White 

and all Defendants and Relief Defendants reside in Plano, Texas, which is located within the 

Eastem District ofTexas, Shen11an Division. 

DEFENDANTS 

8. Kevin G. White, age 53, is a resident of Plano, Texas, which is located within the 

Eastem District of Texas. White created, owns, controls, and operates all of the entities nmned 

as Defendants and Relief Defendants in this Complaint,3 including KGW Capital and the Fund. 

White is not registered with the Commission, the CFTC, FINRA, or any state securities 

regulator. 

Similarly, all Defendants and Relief Defendants list the same address in Plano, Texas as their principal 
place of business and as their registered address with the Texas Secretary of State. 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page4 

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9. KGW Capital Management, LLC ("KG\V Capital") is a limited liability 

company created under the laws of the State of Texas in July 2007 with its principal place of 

business in Plano, Texas. White is KGW Capital's owner, president, chief executive officer, and 

otherwise controls its operations. KGW Capital purports to be "one of the world's leading 

private investment firms" and "raises, invests and manages private equity funds, hedge funds, 

real estate and other alternative investment vehicles for institutions and high net worth 

individuals worldwide." KGW Capital actively solicits investments in the Fund. Neither KGW 

Capital nor any its offerings of securities is registered with the Commission, the CFTC, FINRA, 

or any state securities regulator. 

10. Revelation Forex Fund, L.P. (the "Fund") is a limited partnership created under 

the laws of the State of Texas in June 2011 with its principal place of business in Plano, Texas. 

The Fund is owned, controlled, and managed by its general partner, RFF GP, LLC, which in tum 

is owned, controlled, and managed by White. The Fund is described as "a $1 billion highly 

specialized currency hedge fund." In marketing materials given to prospective investors, the 

Fund purports to use highly sophisticated and proprietary software (centered around a statistical 

arbitrage strategy) that it allegedly created to monitor 105 separate cmTency pairings 24 hours a 

day, five days a week. Neither the Fund nor any of its offe1ings of securities is registered with 

the Commission, the CFTC, FINRA, or any state securities regulator. 

11. RFF GP, LLC, ("RFF GP") is a limited liability company created under the 

laws of the State ofTexas in July 2011 with its principal place ofbusiness in Plano, Texas. RFF 

GP is the Fund's general partner, purporting to make all investment decisions tor the Fund and to 

exert exclusive control over day-to-day operations of the Fund. White is RFF GP's manager, 

director, and registered agent. 

SEC v. Kevin G. White, et a!. 
COMPLAINT Page 5 

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RELIEF DEFENDANTS 

12. Meridian Propane, L.P. (''Meridian Propane") is a limited partnership created 

under the laws ofthe State ofTexas in August 2012 with its principal place ofbusiness in Plano, 

Texas. Meridian Propane's general partner is Meridian Propane Partners GP, LLC ("Meridian 

GP"), which is owned, controlled, and managed by White. Meridian Propane has received 

approximately $248,600 of investor funds fi·om the Fund. 

13. W Corporate Real Estate, L.P. d/b/a KGW Real Estate ("KGW Real Estate") 

is a limited partnership created under the laws of the State of Texas in April 2005 with its 

principal place of business in Plano, Texas. White owns, controls, and manages KGW Real 

Estate's general partner, W Corporate Real Estate GP, LLC. KGW Real Estate has received 

approximately $97,000 of investor funds from the Fund. 

STATEMENT OF FACTS 

14. As discussed in more detail below, White, KGW Capital, the Fund, and RFF GP 

make a variety of misrepresentations and omissions to investors. As noted below, they make 

those misrepresentations and omissions: (i) on KGW Capital's website, (ii) on the Fund's 

website, (iii) in the Private Offering Memorandum for the Fund provided to investors, (iv) in 

marketing materials handed out to prospective investors, (v) during in-person solicitations to 

prospective investors, and (vi) in promotional materials provided to the MoneyShow to advertise 

and market its speakers. 

Misrepresentations and Omissions about White's Background 

15. White represents to the public (for example, on the public portion ofhis Linkedln 

profile at www.Linkedln.com) that he earned a Bachelor of Business Administration ("BBA") 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page 6 

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degree from Stephen F. Austin State University in Nacogdoches, Texas. While he attended the 

school t!·om September 1978 to May 1981, White neither graduated nor received a degree. 

16. White and KGW Capital also routinely represent to investors and prospective 

investors4 that White had a distinguished ''25 year Wall Street career" with the Shearson Lehman 

family of companies. These representations are false. In fact, White spent only six years as a 

licensed securities professional in Houston, Texas before being ban·ed by the New York Stock 

Exchange ("NYSE"). 

17. In January 1982, White entered the securities industry as a registered 

representative with Shearson Lehmani American Express, Inc. ("Shearson Lehman"). In 

February 1987, Shearson Lehman tenninated White's employment. In March 1987, White 

joined E.F. Hutton. By January 1988, E.F. Hutton had merged with Shearson Lehman and 

terminated White's employment for not disclosing to E.F. Hutton that at least five customer 

complaints had been lodged against him while employed by Shearson Lehman. As a result of his 

history of customer complaints and/or two tenninations, several states took action against White, 

including: 

• Mississippi: Rejected White's application for registration in May 1987, based on 
past disciplinary history; 

• Florida: Denied White's application for registration in August 1987, based on his 
failure to disclose his disciplinary record and his unworthiness to transact the 
business of an associated person; and 

• Illinois: Revoked White's registration as a salesperson in October 1988. 

18. In July 1992, the NYSE censured and barred White for four years from 

employment or association with any NYSE member or member organization for: 

4 White and KGW make these representations: (i) on KGW Capital's website, (ii) on the Fund's website, (iii) 
in the Private Offering Memorandum for the Fund, (iv) in marketing materials handed out to prospective investors, 
and (v) in promotional materials provided to The MoneyShow to advertise and market its speakers. 

SEC v. Kevin G. White, et a!. 
COMPLAINT Page 7 

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• conducting unauthorized options trading in customer accounts; 

• engaging in conduct inconsistent with just and equitable principles of trade by 
making material misstatements to a customer; 

• causing a false and misleading document to be sent to a customer; 

• entering into trades in the accounts of one or more customers without the 
knowledge or consent of customers, and 

• making a misstatement on his Fonn U-4 (Uniform Application for Securities 
Industry Registration) which was filed with the NYSE. 

Since the four-year bar, White has not been registered or associated with any NYSE 

member or member organization. In addition to falsely describing his background as a 

distinguished 25-year Wall Street career, Defendants White, KGW Capital, the Fund, and RFF 

GP failed to disclose White's disciplinary history to prospective investors of the Fund. 

19. In June 1995, White filed for Chapter 7 Bankruptcy protection. Defendants 

White, KGW Capital, the Fund, and RFF GP failed to disclose White's bankruptcy history to 

prospective investors of the Fund. 

White Creates KGW Capital and Uses it to Make Misrepresentations to Investors 

20. Following his six years in the securities industry, White spent more than a decade 

working for a variety of non-Wall Street companies. Subsequently, White became involved in 

the commercial real estate business, eventually starting his own finn, W Corporate Real Estate, 

L.P. d/b/a KGW Real Estate, in 2005. 

21. In July 2007, White created KGW Capital. That same year, White registered the 

domain name "KGWCapital.com." KGW Capital represents that it is "one of the world's largest 

private investment firms ... [that] raises, invests and manages private equity funds, hedge funds 

real estate and other alternative investment vehicles for institutions and high net worth 

individuals." As discussed below, KGW Capital's website contains a variety of material 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page 8 

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misrepresentations and omissions. And White and KGW Capital know or are severely reckless 

in not knowing that these misrepresentations and omissions arc false. 

22. White and KGW Capital offer and sell limited parinership interests in the Fund, 

which KGW Capital touts as "a $1 billion highly specialized currency hedge fund." KGW 

Capital also currently purports to otTer several other investment opportunities on its website, 

including: (i) the State of Texas Real Estate Fund - ""a $500 million private equity real estate 

fund ... run by seasoned real estate veterans who have compiled a 5-year track record that has 

outpertonned almost every major investment index in the world," (ii) the Meridian Propane Fund 

-a "$25 million tax-advantaged investment fund" that projects a "net IRR of 41% and 3.1X cash 

multiple to investors" combined with "projected tax savings of $177,000 per $250,000 

investment," (iii) KGW Energy Notes (formerly listed as a U.S. Energy Fund) that purport to 

offer "guaranteed safety of principle [sic]" tor 3-year notes paying 10 percent annual retums and 

5-year notes paying 12 percent annual retums, and (iv) KGW Tax-Free Certificates of Deposit 

("CDs") paying interest rates ranging from 5.5 percent for a one-year CD to 8.5 percent for a 

five-year CD. Neither KGW Capital nor any of its oflerings of securities is registered with the 

Commission, the CFTC, FINRA, or any state securities regulators. 

White Creates the Revelation Forex Fund and Fraudulently Obtains Investments 

23. In June 2011, White formed the Fund as a limited partnership under Texas law. 

The following month, he registered the domain name "RevelationForex.com." During this same 

timeframe, White prepared, or caused to be prepared, a prospectus for the Fund, which he 

distributes to investors and prospective investors in the Fund. 

24. To raise money for the Fund, White and KGW offer and sell limited partnership 

interests in the Fund, which purports to: (i) be limited to 100 accredited investors, and (ii) require 

SEC v. Kevin G. Hlhite, et al. 
COMPLAINT Page 9 

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a minimum initial investments of $250,000. More specifically, investors are told that RFF GP, 

as the Fund's general partner (owned and controlled solely by White), pools investor funds to 

trade foreign cuiTencies in order to earn returns that will be used to pay returns to investors. 

Other than possessing a limited partnership interest in the Fund, investors do not play any role in 

earning any returns for the Fund. 

25. In September 2011, White: (i) secured the Fund's first investor, an individual in 

Houston, Texas who invested $100,000, (ii) opened a Forex trading account for the Fund with 

Forex Capital Markets, LLC ("FXCM"), and (iii) commenced Forex trading on behalf of the 

Fund. Since then, White and KGW Capital have solicited another $7 million in investments in 

the Fund from more than 20 investors across the United States. 

26. White and KGW Capital have continued to actively solicit investments in the 

Fund. In particular, they have provided intonnation: (i) on KGW Capital's website, (ii) on the 

Fund's website, (iii) in the Private Otiering Memorandum for the Fund, (iv) in marketing 

materials handed out to prospective investors, (v) during in-person solicitations about the Fund, 

and (vi) in promotional materials provided to the MoneyShow to advertise and market its 

speakers. 

27. For example, on May 14, 2013, White and KGW Capital hosted a presentation at 

the MoneyShow in Las Vegas to solicit investments in the Fund. During this presentation, White 

distributed marketing materials to prospective investors that: (i) touted the Fund's 385 percent 

total return from January 2009 through April 30, 2013, and its 36 percent annual growth rate; and 

(ii) compared the Fund's historical performance and growth to seven indices and to gold, 

purporting to show that the Fund has more than doubled the next closest investment. On the 

websites for KGW Capital (www.KGWCapital.com) and the Fund (www.RevelationForex.com), 

SEC v. Kevin G. White, et al. 
COMPLAINT Page 10 

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White recently published updated Fund performance numbers through May 31, 2013, purporting 

to show a total return for the Fund of 393 percent from January 2009 through May 31, 2013. 

These representations are false, as Defendants White, KGW Capital, the Fund, and RFF GP 

know or are severely reckless in not knowing. 

28. White and KGW Capital also claim- on KGW Capital's website, in marketing 

materials, and orally in presentations to prospective investors - that the Fund: (i) began in 

January 2009, (ii) is a '·$1 billion highly specialized currency hedge fund," and (iii) "has 

achieved positive gains in 42 of the last 52 months (80.77% months with gains) through April 

30, 2013." In tact, all of these representations are false, as Defendants White, KGW Capital, the 

Fund, and RFF GP know or are severely reckless in not knowing. 

29. As Defendants White, KGW Capital, the Fund, and RFF GP know or are severely 

reckless in not knowing: (i) neither the Fund nor its trading activities began in January 2009; (ii) 

White and KGW Capital have raised approximately $7.1 million, not $1 billion, in investments 

for the Fund; and (iii) the Fund has not achieved a compound annual growth rate of more than 36 

percent and total returns of more than 393 percent. In fact, Fund's FXCM trading records show 

trading losses of more than $550,000 and, as of May 31, 2013, unrealized trading losses of 

approximately $1,419,600. Moreover, the Fund has achieved a gain in only seven of the 20 

months in which it has actually traded in foreign currencies (not 42 of 52 months, as claimed). 

30. As of May 31, 2013, the Fund has approximately $4.4 million invested in foreign 

currency positions with a market value of only approximately $3 million. 

White's Misuse of Funds 

31. Bank records reveal that White has misappropriated more than $1.7 million in 

investor funds to, among other things, pay for personal expenses, finance other businesses, and 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page 11 

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for other undisclosed purposes unrelated to the Fund's investment activities. Contrary to his 

claims to pool investor funds to achieve trading returns, for example, White has routed investor 

funds to two of his other businesses, Relief Defendants Meridian Propane (approximately 

$248,600) and KGW Real Estate ($97,000). Likewise, while Fund offering documents represent 

that the Fund's general partner (RFF GP) charges a management fee of two percent per year and 

a perfonnance fee of 20 percent per year, the amount of investor funds expended by White 

greatly exceeds any management fee or performance fee that RFF GP could have charged the 

Fund. 

FIRST CLAIM 
Violation of Section 17(a) of the Securities Act 

32. The Commission repeats and incorporates paragraphs 1 through 31 of this 

Complaint by reference. 

33. Defendants, directly or indirectly, singly, in concert with others, in the offer and 

sale of securities, by use of the means and instruments of transportation and communication of 

interstate commerce and by use of the mails, have: (a) employed devices, schemes, or artifices to 

defraud; (b) obtained money or prope1iy by means of untrue statements of material fact or 

omissions to state material facts necessary in order to make the statements made, in light of the 

circumstances under which they were made, not misleading; and (c) engaged in transactions, 

practices or courses ofbusiness which operate or would operate as a fraud or deceit. 

34. As part of and in furtherance of this scheme, Defendants, directly and indirectly, 

prepared, disseminated, or used written offering documents, promotional materials, and oral 

presentations, which contained untrue statements of material fact and which omitted to state 

material facts necessary in order to make the statements made, in light of the circumstances 

SEC v. Kevin G. White, et a!. 
COMPLAINT Page 12 

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under which they were made, not misleading, including but not limited to, those statements and 

omissions set forih in paragraphs 1 through 31 above. 

35. Defendants made the above-referenced misrepresentations and omissions 

knowingly or with severe recklessness with regard for the truth. Defendants were also negligent 

in their actions regarding the representations and omissions alleged herein. 

36. By reason of the foregoing, Defendants have violated and, unless enjoined, will 

continue to violate Section 17(a) of the Securities Act [15 U.S.C. § 77q(a)]. 

SECOND CLAIM 
Violation of Section 1 O(b) of the Exchange Act and Rule 1 Ob-5 

37. The Commission repeats and incorporates paragraphs 1 through 31 of this 

Complaint by reference. 

38. Defendants, directly or indirectly, singly or in concert with others, in connection 

with the purchase and sale of securities, by use of the means and instrumentalities of interstate 

commerce and by use of the mails have: (a) employed devices, schemes and artifices to defraud; 

(b) made untrue statements of material facts and omitted to state material facts necessary in 

order to make the statements made, in light of the circumstances under which they were made, 

not misleading; and (c) engaged in acts, practices and courses of business which operate as a 

fraud and deceit upon purchasers, prospective purchasers and other persons. 

39. As a part of and in furtherance of their scheme, Defendants, directly and 

indirectly, prepared, disseminated, or used, marketing materials, offering documents, and oral 

presentations, which contained untrue statements of material facts and misrepresentations of 

material facts, and which omitted to state material facts necessary in order to make the 

statements made, in light of the circumstances under which they were made, not misleading, 

including, but not limited to, those set forih in Paragraphs 1 through 31 above. 

SEC v. Kevin G. White, et al. 
COMPLAINT Page 13 

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40. Defendants made the above-referenced misrepresentations and omissions 

knowingly or with severe recklessness regarding the truth. 

41. By reason of the foregoing, Defendants have violated and, unless enjoined, will 

continue to violate the provisions of Section IO(b) ofthe Exchange Act [15 U.S.C. § 78j(b)] and 

Rule lOb-5 thereunder[17 C.F.R. § 240.10b-5]. 

THIRD CLAIM 
Claim against the Relief Defendants 

42. The Commission repeats and incorporates paragraphs 1 through 31 of this 

Complaint by reference. 

43. As set fmih in this Complaint, the Relief Defendants have received funds fl-om 

one or more of the Defendants, which are the proceeds of, or are traceable to the proceeds ot: the 

unlawful activities ofthe Defendants as alleged above. 

44. The Relief Defendants have obtained the funds alleged above as part of and in 

furtherance of the securities violations alleged in paragraphs 1 through 31 and, under the 

circumstances, it is not just, equitable or conscionable for them to retain the funds. As a 

consequence, the Relief Defendants have been unjustly enriched. 

RELIEF REQUESTED 

Plaintiff respectfully requests that this Court: 

I. 

Temporarily restrain and preliminarily enjoin the Defendants from violating the federal 

securities laws, including Section 17(a) of the Securities Act [15 U.S.C. §§ 77e(a), 77e(c), and 

77q(a)], and Section 10(b) ofthe Exchange Act [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 

240.1 Ob-5] thereunder. 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page 14 

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II. 

Pennanently enjoin the Defendants, their agents, servants, employees, attomeys and all 

persons in active concert or participation with them who receive actual notice of the injunction 

by personal service or otherwise, and each of them, from future violations of Section 17(a) of the 

Securities Act [15 U.S.C. §§ 77e(a), 77e(c), and 77q(a)], and Section lO(b) ofthe Exchange Act 

[15 U.S.C. § 78j(b)] and Rule lOb-5 thereunder [17 C.F.R. § 240.10b-5]. 

III. 

Temporarily restrain and preliminarily enjoin Defendant White from pa1iicipating, 

directly or indirectly, including but not limited to, through any entity owned or controlled by 

Defendant White, in the issuance, purchase, offer, or sale of any security; and 

Pennanently enjoin Defendant White from pmiicipating, directly or indirectly, including 

but not limited to, through any entity owned or controlled by Defendant White, in the issuance, 

purchase, offer, or sale of any security, provided however, that such permanent injunction shall 

not prevent Defendant White from purchasing or selling securities for his own personal account. 

IV. 

Order the Defendants to disgorge an amount equal to the funds and benefits obtained 

illegally, or to which they are otherwise not entitled, as a result of the violations alleged herein, 

plus prejudgment interest on that amount, and order the Relief Defendants to disgorge any gains 

or proceeds they received that are connected to the conduct described above. 

v. 

Order the Defendants to pay civil monetary penalties in an amount to be determined as 

appropriate by the Court pursuant to Section 2l(d) of the Exchange Act [15 U.S.C. § 78u(d)] and 

SEC v. Kevin G. White, eta!. 
COMPLAINT Page 15 

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Section 20(d) of the Securities Act [15 U.S.C. § 78u(d)] for their violations of the federal 

securities laws as alleged herein. 

VI. 

Order such further relief as this Couti may deem just and proper, including but not 

limited to emergency relief sought in the contemporaneously filed Motion for Temporary 

Restraining Order and Other Emergency Relief. 

DATED: July 9, 2013 

SEC v. Kevin G. White, eta!. 
COMPLAINT 

Respectfully submitted, 

/~· INIE L. FRANK 
I L ad Attorney 
\~~ xas Bar No. 07363050 

SECURITIES AND EXCHANGE COMMISSION 
Burnett Plaza, Suite 1900 
801 Cherry St., Unit #18 
Fort Worth, TX 76102-6882 
(817) 978-6478 
(817) 978-4927 (fax) 
[email protected] 

B. DAVID FRASER 
Texas Bar No. 24012654 
SECURITIES AND EXCHANGE COMMISSION 
Burnett Plaza, Suite 1900 
801 Cherry Street, Unit #18 
Fmi Worth, TX 76102-6882 
(817) 978-1409 
(817) 978-4927 (fax) 
[email protected] 

ATTORNEYS FOR PLAINTIFF 
SECURITIES AND EXCHANGE COMMISSION 

Page 16 

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