==========================================START OF PAGE 1====== UNITED STATES SECURITIES EXCHANGE COMMISSION Litigation Release No. 14817 / February 15, 1996 SECURITIES AND EXCHANGE COMMISSION v. DONALD MALCOLM JOHNSON, individually and doing business as "TSA OPTIONS," "FREEDOM SERVICES OF WISCONSIN," "FREEDOM SERVICES" and "FREEDOM SERVICES OF WISCONSIN, INC.", No. 96-C-0049 C (W.D. Wis.)(filed January 18, 1996) The Securities and Exchange Commission announced that on February 7, 1996, the Honorable Barbara B. Crabb of the Western District of Wisconsin, entered an Order of Preliminary Injunction and Other Equitable Relief against Defendant Donald M. Johnson ("Johnson") on February 7, 1996. In addition to granting injunctive relief, the Order continued the freeze of Johnson's assets entered pursuant to a temporary restraining order on January 19, 1996. The Commission's complaint alleges that the defendant violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The complaint alleges further that from at least April 1995 to the present, Johnson, while doing business as TSA Options and Freedom Services of Wisconsin, misappropriated at least $818,000 from the retirement plans of approximately 67 investors. Johnson, who was the administrator for the retirement plans, misappropriated funds by redeeming mutual fund shares belonging to the investors and funneling the proceeds into bank, money market and mutual fund accounts under his control. In order to conceal his theft, Johnson sent bogus quarterly account statements to investors which included false account balance information. Johnson disappeared with the misappropriated funds in November 1995. In addition, in connection with the purchase and sale of securities, Johnson made material misrepresentations to investors and omitted material facts concerning the existence of a custodial relationship between himself and Coulee State Bank of LaCrosse, Wisconsin, the use of investor funds and the disposition of assets under his administration.