-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14709 / November 2, 1995 SECURITIES AND EXCHANGE COMMISSION v. FRANK DUCA AND JAN JUSKO, Civil Action No. 95 Civ 4475 (JS) U.S.D.C., E.D.N.Y. The Securities and Exchange Commission today initiated proceedings against Frank Duca ("Duca"), a Long Island securities broker. The Commission's Complaint charged Duca with violations of the antifraud provisions of the federal securities laws for his misappropriation of customers' funds. The Commission also named another Long Island broker as a relief defendant. Mary Jo White, the United States Attorney for the Southern District of New York also filed criminal charges against Duca arising out of the same conduct. Named in the Complaint filed today in the United States District Court for the Eastern District of New York are: FRANK DUCA, the former chief executive officer of Island Securities, Inc. ("Island"), a registered broker-dealer. JAN JUSKO ("Jusko"), a former principal and president of Island. The Complaint alleges that, from in or about May 1991 to in or about September 1993, Duca misappropriated more than $535,000 from sixteen of his customers' accounts using an elaborate scheme involving, among other things, material misrepresentations and omissions, forged client authorizations, forged endorsement signatures on mutual fund redemption checks, and fabricated account statements. The Complaint also alleges that, as part of that scheme, Duca falsely told customers that he would invest their money in tax-free government bonds when, in fact, Duca knew that he would not be investing their money in any type of government bond and, instead, used his customers' money for his own personal benefit. In addition, the Complaint further alleges that Duca misappropriated money that customers gave him for the purchase of mutual fund shares and also misappropriated customers' monies which had been invested in mutual fund shares. The Complaint alleges that Duca concealed his misappropriations from his customers by sending them fabricated account statements. The Complaint seeks to permanently enjoin Duca from violating the antifraud provisions of the federal securities laws. In addition, the Complaint seeks disgorgement of all funds that were misappropriated by Duca and ancillary relief in the form of civil penalties. The Complaint also names Jusko as a relief defendant and seeks the return of over $50,000 that he received in funds that were misappropriated by Duca and to which Jusko was not entitled. The United States Attorney's Office for the Southern District of New York simultaneously filed a felony information against Duca in the United States District Court for the Southern District of New York charging him with engaging in a mail fraud scheme to defraud investors, in violation of Title 18 U.S.C Section 1341.