==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14807 / January 31, 1996 SECURITIES AND EXCHANGE COMMISSION v. DONALD MALCOLM JOHNSON, individually and doing business as "TSA OPTIONS," "FREEDOM SERVICES OF WISCONSIN" and "FREEDOM SERVICES" and FREEDOM SERVICES OF WISCONSIN, INC., No. 96-C-0049 C (W.D. Wis.)(filed January 18, 1996) The Securities and Exchange Commission announced the filing of a complaint on January 18, 1996, in the United States District Court for the Western District of Wisconsin, seeking a temporary restraining order, preliminary and permanent injunctions, disgorgement, civil penalties, an asset freeze and other equitable relief against Defendants Donald Malcolm Johnson ("Johnson"), of LaCrosse, Wisconsin, and Freedom Services of Wisconsin, Inc. ("FSW"). The complaint alleges violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On January 19, 1996, the Honorable John C. Shabaz granted the Commission's request for a temporary restraining order and an order freezing the assets of the defendants and granting other equitable relief. A hearing on the Commission's application for a Preliminary Injunction has been set for February 7, 1996. The complaint alleges that from at least April 1995 to the present, the defendants misappropriated at least $780,000 from the retirement plans of approximately 67 investors. Johnson, who was the administrator for the retirement plans, misappropriated funds by redeeming mutual fund shares belonging to the investors and funneling the proceeds into bank, money market and mutual fund accounts under his control. In order to conceal his theft, Johnson sent bogus quarterly account statements to investors which included false account balance information. Johnson disappeared with the misappropriated funds in November 1995. In addition, in connection with the purchase and sale of securities, Johnson made various material misrepresentations to investors and omitted material facts concerning the existence of a custodial relationship between himself and Coulee State Bank of LaCrosse, Wisconsin, the use of investor funds and the disposition of assets under his administration.