U.S. Securities and Exchange Commission Litigation Release No. 15879 \ September 10, 1998 SEC v. Appalachian Investment Corporation, Inc., et al. , Civil Action No. 98-1506 (W.D. Pa.) The Securities and Exchange Commission ("Commission") announced today that, on September 10, 1998, it filed a complaint in the United States District Court for the Western District of Pennsylvania, against Appalachian Investment Corporation ("Appalachian"), Dennis G. Cerilli ("Cerilli"), Frank A. DeBone ("DeBone"), Robert C. Walters ("Walters"), Dennis J. Oslosky ("Oslosky") and John W. Hinton ("Hinton"). The complaint alleges that the defendants violated 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 and, based on those violations, seeks permanent injunctions, disgorgement, prejudgment interest and civil penalties against each of the defendants. In its complaint, the Commission alleges that, between November 1995 and August 1996, the defendants engaged in a scheme to misappropriate investor funds raised through the fraudulent offer and sale of more than $4.6 million worth of securities in the form of subordinated debentures of Appalachian and its affiliate, CCMI, Inc. The complaint charges that the defendants induced approximately 75 investors, most of whom were elderly, to purchase the securities by misrepresenting the degree of risk associated with their investment and the intended use of proceeds raised in the offering. The complaint further alleges that defendants misled investors by guaranteeing them a 10% annual rate of return while providing little or no information about the financial condition of Appalachian, CCMI or its affiliates. The complaint also charges that, rather than use investor proceeds to loan money to an affiliated entity of Appalachian as represented, the defendants used those funds for their personal benefit, to keep their businesses afloat and to make interest payments to existing investors. The individual defendants received investor funds for their personal benefit in the following approximate amounts: Cerilli, $696,255; DeBone, $376,200; Oslosky, $201,706; Walters $270,789; and, Hinton, $46,262.