UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15638 / February 9, 1998 SECURITIES AND EXCHANGE COMMISSION v. NICHOLAS A. ZAHAREAS, TUSCHNER & COMPANY, INC. and JOHN M. TUSCHNER, DEFENDANTS and EUROAMERICAN SECURITIES S.A., RELIEF DEFENDANT, United States District Court for the District of Minnesota, No. 97-2859 DSD/JMM The Securities and Exchange Commission announced that a preliminary injunction hearing was held before the Honorable David S. Doty of the U.S. District Court for the District of Minnesota on January 20, 1998. After arguments of counsel, the Court issued a preliminary injunction against Nicholas A. Zahareas (Zahareas), Tuschner & Company, Inc. (Tuschner & Co.) and John M. Tuschner (Tuschner). The preliminary injunction was based on Zahareas' association with Tuschner & Co., a Minneapolis broker-dealer, in violation of a July 27, 1993 Commission order barring Zahareas from associating with any registered broker, dealer, investment company, investment adviser or municipal securities dealer. Zahareas is also the subject of an Order of Permanent Injunction, issued by consent against him on July 16, 1992, prohibiting him from violating the antifraud provisions of the federal securities laws. In entering the preliminary injunction, the Court found that Zahareas violated the Commission's bar order and wrongfully associated with a registered broker-dealer, Tuschner & Co., by acting as a Tuschner & Co. registered representative in all but name. Zahareas acted as Tuschner & Co.'s registered representative by: referring at least 200 customers residing in Greece to Tuschner & Co.; directing trading in their accounts at Tuschner & Co.; placing orders for over $9 million worth of securities with Tuschner & Co.'s trader; determining the amount of commissions charged on the transactions; and receiving up to 75% of those commissions through payments to Relief Defendant Euroamerican Securities S.A., a Greek brokerage firm controlled by Zahareas. In addition, the Court found that Tuschner & Co. wrongfully allowed Zahareas to associate with it and that Tuschner, the Chairman and Chief Executive Officer of Tuschner & Co., knew of Zahareas' bar from the securities industry and aided and abetted Zahareas' wrongful association with Tuschner & Co. The preliminary injunction entered against Zahareas, Tuschner & Co. and Tuschner restrained and enjoined them from, directly or indirectly, violating and/or aiding and abetting violations of Sections 15(b)(6)(B)(i) and 15(b)(6)(B)(ii) of the Exchange Act. Action remains pending as to the Commission's prayer for the entry of a permanent injunction, disgorgement and civil penalties. ======END OF PAGE 1======