Securities and Exchange Commission Washington, D.C. Litigation Release 15618 / January 14, 1998 SECURITIES AND EXCHANGE COMMISSION V. J. SCOTT ESKIND (Civil Action No. 1: 97-CV-1790-CAM, N.D. Ga.) The Securities and Exchange Commission announced that on January 12, 1998, the Honorable Charles A. Moye, Jr., United States District Judge for the Northern District of Georgia, entered an order of permanent injunction and other relief as to defendant J. Scott Eskind ("Eskind"), of Atlanta, Georgia. The order permanently enjoins and restrains Eskind from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 206 of the Investment Advisers Act of 1940. Eskind was ordered to pay disgorgement in the amount of $542,532, representing the ill-gotten gains received by Eskind, and prejudgment interest thereon. Civil penalties will be set by the Court at a later date, upon motion by the Commission. Eskind consented to the relief without admitting or denying the allegations set forth in a complaint, filed by the Commission on June 20, 1997. In its complaint, the Commission alleged that, between November 1994 and May 1996, Eskind was secretary and treasurer of Tower Asset Management ("Tower"), the general partner and investment adviser of Asset Management Fund, L.P. ("Asset Management"), a limited partnership formed for the purpose of investing in securities. In or before April 1996, Eskind misappropriated or converted approximately $246,000 of Asset Management's assets, and concealed his actions by falsifying the partnership's books. When the thefts were discovered, Eskind was terminated by Tower. After his dismissal from Tower, Eskind solicited investments from the public using Asset Management's offering documents. Between December 1996 and May 1997, Eskind induced or attempted to induce at least three investors to invest in what was falsely purported to be Asset Management. Eskind persuaded two of the investors to invest, respectively, $500,000 and $150,000 in his scheme. Eskind did not disclose to the investors that he had been terminated by Tower nor did he disclose that Asset Management had been dissolved. ======END OF PAGE 1======