UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15563 / November 18, 1997 Securities & Exchange Commission v. John S. Nadolski (United States District Court for the Northern District of New York, Civil Action No. 95-1154) The Securities and Exchange Commission announced that on October 28, 1997, the Honorable Frederick J. Scullin, Jr. of the United States District Court for the Northern District of New York entered a Final Judgment and Order against John S. Nadolski, the former president of Marietta Corporation, a manufacturer of guest amenity products headquartered in Cortland, New York. The Final Judgment permanently enjoins violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder; (2) bars him from serving as an officer or director of any public company for a period of five years; and (3) requires him to pay disgorgement of $300,000 and prejudgment interest of $100,000. Under the terms of settlement, Nadolski would pay $300,000 upon entry of the Final Judgment and be required to pay the remaining $100,000 through the sale of assets. In the event Nadolski is unsuccessful in selling his assets, a court-appointed receiver would be employed to sell those assets at the best available price. Nadolski consented to this relief, without admitting or denying the allegations in the Commission's complaint. The Commission originally filed this action against Nadolski on August 18, 1995, alleging multiple violations of the federal securities laws including insider trading. The complaint alleged that between 1989 and 1991 Nadolski engaged in a fraudulent scheme to misrepresent Marietta's financial condition by causing false accounting entries to be made in its financial books and records, overstating sales and understating expenses. These changes dramatically increased the net income Marietta reported in public filings with the Commission. In its annual report on Form 10-K for the fiscal year ended September 30, 1989, Marietta overstated its net income by $1,216,368, an overstatement of 70 percent. The complaint further alleged that in November 1989, Nadolski sold 100,000 shares of Marietta stock for $1.92 million while in possession of inside information about Marietta's financial condition. Specifically, the complaint alleged that Nadolski knew that information concerning Marietta's sales, profits and financial condition had been falsely reported to the public, and that the fact and extent of the falsification had not been disclosed to the public. ======END OF PAGE 1======