==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Litigation Release 15239 / February 3, 1997 United States Securities and Exchange Commission v. James Zimmerman and Old Naples Securities, Inc., Case No. 96-304-CIV- FTM-17D (M.D. Fla.) On January 24, 1997, the Honorable Elizabeth A. Kovachevich, United States District Judge for the Middle District of Florida, entered a final judgment of permanent injunction enjoining: (a) Old Naples and Zimmerman from future violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder; and (b) Old Naples from future violations of Sections 17(a) and 15(c) of the Exchange Act and Rules 17a-3, 17a-5 and 15c3-1 thereunder. Old Naples is registered with the Commission as both a broker-dealer and an investment adviser. Zimmerman and Old Naples consented to the entry of the final judgment without admitting or denying the allegations of the Commission's complaint, filed on August 28, 1996. The complaint alleged that Zimmerman and Old Naples, during the period from in or about July 1992 to in or about August 5, 1996: (a) received in excess of $3.5 million dollars from investors by misrepresenting to prospective investors and investors that the funds received for investments had been or were to be used to purchase securities, when, in fact, no securities were purchased and the funds had been misappropriated and/or used to pay previous investors and personal expenses; and (b) created and distributed to investors fictitious periodic account statements misrepresenting the financial condition of the customers' accounts in order to create the appearance that the purported investments were increasing in value. The complaint also alleged that Old Naples, during the period from in or about July 1992 to in or about August 5, 1996: (a) failed to create accurate books and records with respect to (i) its net capital computation, and (ii) its blotters or other records of original entry; (b) filed Part IIA of Form X-17A-5 with the National Association of Securities Dealers, Inc., which contained inaccurate net capital computations; and (c) effected transactions in, or induced or attempted to induce the purchase and sale of securities at a time when Old Naples did not have and did not maintain the required minimum net capital to legally transact a securities business. Contact person: Spencer C. Barasch, SERO, (305) 982-6336