UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15481 / September 9, 1997 U.S. Securities and Exchange Commission v. Michael J. Oberholzer, Civil Action No. 97-03320-CW (N.D. Cal. 1997) The Securities and Exchange Commission today accused a former stockbroker in the Hayward, California, branch of Dean Witter Reynolds Inc. ("Dean Witter") of defrauding elderly clients over a six-year period. In a complaint filed today in the United States District Court for the Northern District of California, the Commission alleged that between September 1989 and September 1995 Michael J. Oberholzer defrauded four elderly Dean Witter clients on fixed incomes by trading their accounts in ways that were contrary to their interests so that he could obtain greater commissions. These customers lost a total of $320,000 as a result of Oberholzer's actions. The complaint alleges that Oberholzer traded excessively in these customers' accounts solely in order to obtain commissions for himself, traded on margin in their accounts without authorization, and purchased securities in their accounts that were unsuitable for their financial situation. The Commission also alleged that Oberholzer made material misrepresentations and omissions to the customers, and that he falsified Dean Witter's books and records in connection with this fraudulent conduct. The customers were were retired, elderly women on fixed incomes with little or no financial sophistication. Each of them had conservative financial objectives and invested a substantial part of their assets with Dean Witter. Oberholzer agreed to settle this action simultaneously with the filing of the complaint, without admitting or denying the Commission's allegations. As part of the settlement, Oberholzer consented to the entry of an order by the Commission barring him from association with a broker, dealer, investment company, investment adviser, or municipal securities dealer. Oberholzer also consented to a permanent injunction ordering him not to violate the securities laws in the future. Specifically, he consented to be enjoined not to violate Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 thereunder, and Section 17(a)(1) of the Exchange Act and Rule 17a-3 thereunder. The Commission acknowledges the assistance of the Federal Bureau of Investigation in this matter. ======END OF PAGE 1======