==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Securities Exchange Act of 1934 Release No. 38176 / January 16, 1997 Securities Investor Protection Act of 1970 Release No. 161 / January, 1997 Administrative Proceeding File Number 3-9224 PUBLIC ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST BRIAN J. MCCAHERY The Securities and Exchange Commission ("Commission") instituted public administrative proceedings against Brian J. McCahery ("McCahery") based on his misappropriation of approximately $3 million from customers of U.S. Equity Management Corp., a now defunct broker-dealer which he controlled, thereby causing its demise. The public administrative proceedings were instituted pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") and Section 14(b) of the Securities Investor Protection Act of 1970 ("SIPA"). The Order Instituting Proceedings alleges that, from approximately August 1993 through May 1995, McCahery, while in possession of the power to direct the management and daily operations of U.S. Equity Management, misappropriated approximately $3 million in U.S. Equity Management's customers' funds, and, accordingly, failed to act in a responsible manner to avoid the financial collapse of U.S. Equity Management. The Order also alleges that, on September 22, 1995, the Honorable Shira A. Scheindlin, United States District Court Judge, entered an Order on consent which appointed a trustee for the liquidation of the business of U.S. Equity Management pursuant to SIPA. In addition, the Order alleges that, on December 21, 1995, McCahery pled guilty to one count of wire fraud arising from his misappropriation of customer funds through U.S. Equity Management, and, on May 3, 1996, McCahery was sentenced to three years in prison and ordered to pay restitution. A hearing will be scheduled to determine what remedial sanction, if any, is appropriate against McCahery based on his failing to act reasonably to prevent the financial demise of U.S. Equity Management and on the criminal conviction entered against him.