==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14847 / March 20, 1996 SECURITIES AND EXCHANGE COMMISSION v. JOHN DANKOVICH AND LINDA DANKOVICH, United States District Court for the District of Columbia, Civil Action No. 96-CV00550 (LFO). The Securities and Exchange Commission ("Commission") announced the filing today of a Complaint in the United States District Court for the District of Columbia against John and Linda Dankovich, residents of Miramar, Florida. The Complaint alleges that the Dankoviches pretended to be securities brokers and in telephone solicitations offered to sell specific securities to investors at a discount. According to the Complaint, however, the Dankoviches actually used the approximately $44,000 they obtained from investors for their own personal expenses. The Complaint also alleges that John Dankovich separately caused a brokerage firm to purchase securities for which he never intended to pay. The Complaint charges both Dankoviches with violating Section 17(a) of the Securities Act of 1933 ("Securities Act") and Sections 10(b), 15(a) and 15(c) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 15b1-1 and 15c1-2 thereunder, and John Dankovich with also violating Sections 7(f) of the Exchange Act and Regulation X promulgated by the Board of Governors of the Federal Reserve System ("Regulation X") in connection with these activities. Specifically, the Complaint alleges that from in or about July 1994 through in or about April 1995, defendant John Dankovich contacted potential investors and claimed to be an employee of the securities brokerage firm of T. Morgan & Associates. The Complaint alleges that Dankovich used high pressure sales tactics to convince investors to purchase various "featured" securities, which were actually listed securities that Dankovich claimed to be able to sell for a below market price. The Complaint alleges that T. Morgan was not a registered securities broker, but was Linda Dankovich's sole proprietorship, and that she used funds investors sent to T. Morgan for personal expenses. The Complaint alleges that investors paid at least $43,877 to T. Morgan during this time period. The Complaint also alleges in a separate count that in November 1994, John Dankovich opened a cash account at an established brokerage firm in the name of "T. Morgan & Associates Investment Club." According to the Complaint, Dankovich falsely represented that the club, which did not actually exist, had funds at a different brokerage firm which he intended to wire to ==========================================START OF PAGE 2====== the newly opened investment club account. The Complaint alleges that shortly after the account was opened, and after falsely stating that he was wiring money into the new cash account, Dankovich directed the brokerage firm to purchase a specified stock for the account. The Complaint further alleges that Dankovich did not intend to pay for the securities, or intended to pay for them solely with the proceeds from their sale. The Complaint alleges that the brokerage firm incurred a loss of approximately $3,964 when the value of stock declined and Dankovich refused to pay for stock purchase he had directed. Simultaneously with the filing of the Complaint, the Dankoviches, without admitting or denying any of the allegations in the Complaint, consented to the entry of an order enjoining them from violating the relevant provisions of the securities laws, and requiring them to pay $51,653, an amount representing the disgorgement of their illegal profits plus prejudgment interest. The Dankoviches also agreed to settle a related administrative proceeding by consenting to the issuance of a Commission order barring them from association with any broker, dealer, investment advisor, investment company or municipal securities dealer.