UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15602 / December 23, 1997 SECURITIES AND EXCHANGE COMMISSION v. NICHOLAS A. ZAHAREAS, TUSCHNER & COMPANY, INC. and JOHN M. TUSCHNER, DEFENDANTS and EUROAMERICAN SECURITIES S.A., relief defendant, United States District Court for the District of Minnesota, No. 97-2859 DSD/JMM The Securities and Exchange Commission announced that on December 19, 1997 it obtained temporary restraining orders (TROs), one against Nicholas A. Zahareas (Zahareas) and Relief Defendant Euroamerican Securities S.A. (Euroamerican) and another against Tuschner & Company, Inc. (Tuschner & Co.) and John M. Tuschner (Tuschner). Tuschner & Co. and Tuschner consented to the entry of the TRO against them without admitting or denying the allegations of the Complaint. Pursuant to Section 21(e) of the Securities Exchange Act of 1934 (Exchange Act), the TRO compels Zahareas to comply with an Order Instituting Proceedings, Making Findings and Imposing Remedial Sanctions entered against Zahareas on July 27, 1993 which barred him from association with, among other things, any broker or dealer. The Complaint, filed that same day, alleged that Zahareas wrongfully associated with a registered broker-dealer, Tuschner & Co., by: referring at least 200 customers residing in Greece to open accounts at the Minneapolis based brokerage firm; directing trading in those accounts; placing orders for over $9 million worth of securities with Tuschner & Co.'s trader; determining the amount of commissions charged on the transactions; and receiving up to 75% of those commissions through Relief Defendant Euroamerican Securities S.A. (Euroamerican). The Complaint further alleged that since at least February 1996, Tuschner, the Chairman and Chief Executive Officer of Tuschner & Co., knew of Zahareas' bar and permitted his wrongful association. The Court found, in the TRO against Zahareas and Euroamerican, that enforcement of Commission bar orders is crucial to protect investors and ensure the safety of the securities markets. Through the TROs, Zahareas, Tuschner & Co. and Tuschner were ordered to refrain from future violations and aiding and abetting violations of Sections 15(b)(6)(B)(i) and 15(b)(6)(B)(ii) of the Securities Exchange Act of 1934. Zahareas is the subject of an Order of Permanent Injunction, issued by consent against him on July 16, 1992, prohibiting him from, among other things, violating the antifraud provisions of the federal securities laws by engaging in $1.75 million in unauthorized purchases for his customers' accounts. Zahareas consented to the entry of the injunction and neither admitted or denied the allegations of the complaint. ======END OF PAGE 1======