UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15655 / February 26, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT TOMMASSELLO and R.T.& A. FINANCIAL MANAGEMENT, LTD., DEFENDANTS, and JEAN M. TOMMASSELLO, RELIEF DEFENDANT (United States District Court for the Middle District of Pennsylvania, Civil Action No. 3:98-CV-322) On February 26, 1998, the Securities and Exchange Commission ("Commission") filed an emergency civil action against Robert Tommassello ("Tommassello") and R.T.& A. Financial Management, Ltd. ("R.T.& A.). The Commission seeks the issuance of a temporary restraining order, a freeze of assets, an accounting and other emergency relief. The Commission also seeks preliminary and permanent injunctions, disgorgement, prejudgment interest and civil penalties. The Complaint also names Jean M. Tommassello, Tommassello s wife, as a relief defendant solely for the purpose of disgorgement because as a joint accountholder with Tommassello she received funds resulting from the unlawful activity described below. The Complaint alleges that Tommassello and R.T.& A. violated the antifraud provisions of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Complaint alleges that from at least November 1995 through the present, Tommassello, a registered principal who operates a branch office of First Colonial Securities Group, Inc., a registered broker-dealer, in Hazleton, Pennsylvania, has been perpetrating a fraudulent scheme through R.T.& A., a private corporation which he controls. Tommassello has engaged in a scheme to misappropriate money from investors by fraudulently soliciting individuals to purchase mutual funds or variable annuities. Rather than purchasing the securities as promised, Tommassello has deposited at least $1 million of investor funds directly into bank accounts controlled by him, and has used these funds to pay for various personal and business expenses. The Complaint further alleges that Tommassello and R.T.& A have concealed the scheme and lulled defrauded investors by making false assurances, creating fictitious account statements, and making false and misleading statements to investors and to staff members of the Pennsylvania Securities Commission and the Commission. In order to further conceal his scheme, Tommassello has made payments to investors which he has represented to be distributions from their investments when, in fact, those funds have come from other investors. In some cases, in order to placate investors who have demanded proof of their investments, Tommassello has used new investor funds to belatedly purchase the mutual fund or variable annuity on behalf of the investor making the inquiry. - 2 - The Commission acknowledges the assistance of the Pennsylvania ======END OF PAGE 1====== Securities Commission in this matter. ======END OF PAGE 2======