UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15688 / <> SECURITIES AND EXCHANGE COMMISSION V. NICHI CAPITAL, LTD., OLAWANDE A. AGUNLOYE, WISE CHOICE DISCOUNT BROKERAGE, INC., RALPH ANTEBY, AND BRIAN WALFISH, AND STRATEGIC RISK MANAGEMENT AS RELIEF DEFENDANT, 98 Civ. 2218 (CJH) (S.D.N.Y) The Securities and Exchange Commission ("Commission") announced today that it filed a complaint in federal court in Manhattan charging a start-up software company, its president, and a brokerage firm and its employees, with obtaining at least $200,000 by engaging in an ongoing securities fraud. Since October 1997, the defendants have been inducing investments in the securities of Nichi Capital, Ltd. (Nichi) by misrepresenting to investors that they were selling Nichi stock in an initial public offering (IPO). The court granted the Commission's request for emergency relief, including a temporary restraining order, an asset freeze, and an accounting. Named in the complaint are: Nichi Capital, Ltd., a New York corporation. Wise Choice Discount Brokerage, Inc. (Wise Choice), a New York corporation, and a broker-dealer registered with the Commission. Olawande A. Agunloye (Agunloye), president of Nichi and a principal of Wise Choice. Agunloye resides in New York. Ralph Anteby, a resident of Brooklyn, New York, and a broker at Wise Choice. Brian Walfish, a resident of Brooklyn, New York, and a broker at Wise Choice. Also named in the Complaint as a relief defendant is Strategic Risk Management, a Delaware corporation and a broker-dealer registered with the Commission. Specifically, according to the Complaint, the defendants misrepresented to investors that the IPO was going to take place shortly, that their shares would rise greatly in value after the company went public, that their money would be placed in an escrow account until the IPO took place, and that the money raised would be used for certain defined purposes. Those statements were false and misleading because, while Nichi had filed a registration statement for an initial public offering of its stock, the IPO was not expected to take place in the near future. Moreover, no escrow account for the IPO funds was ever established, and the investors' money was transferred by Agunloye, at least in part, to relief defendant Strategic in connection with his attempt to acquire an equity interest in that company. The Commission seeks a final judgment permanently enjoining the defendants from further violations of Sections 5(a) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rules 10b-5 and 10b-9 promulgated thereunder; and ordering them to account for and disgorge their ill-gotten gains and prejudgment interest, and to pay civil penalties. The Commission also seeks an order requiring Strategic to account for and disgorge an amount equal to the funds it improperly obtained from the defendants. A hearing on the Commission's application for a preliminary injunction and other relief is scheduled for Wednesday, April 8, 1998.