United States Securities and Exchange Commission v. Nicholas A. Zahareas, Tuschner & Co. Inc., John M. Tuschner, Euroamerican Securities, S.A.

I respectfully and strongly dissent.

Judge Doty determined in part:

*1108The precise issue before the court is whether Tuschner & Co. exerted sufficient influence over Zahareas’ securities dealings to render Zahareas an “associated person” as the term is used in the Exchange Act. The court finds that the evidence sufficiently establishes that Za-hareas was controlled by Tuschner & Co. therefore he was an “associated person” under federal securities law.

SEC v. Zahareas, 100 F.Supp.2d 1148, 1153 (D.Minn.2000). This case presents the factual issue of whether Tuschner “controlled” Zahareas. The district…