SEC NEWS DIGEST Issue 2002-232 December 3, 2002 ENFORCEMENT PROCEEDINGS SEC, NYSE, NASD FINE FIVE FIRMS TOTAL OF $8.25 MILLION FOR FAILURE TO PRESERVE E-MAIL COMMUNICATIONS The Securities and Exchange Commission, the New York Stock Exchange and NASD today announced joint actions against five broker-dealers for violations of record-keeping requirements concerning e-mail communications. The firms consented to the imposition of fines totaling $8.25 million, along with a requirement to review their procedures to ensure compliance with record-keeping statutes and rules. Each of the firms - Deutsche Bank Securities Inc.; Goldman, Sachs & Co.; Morgan Stanley & Co. Incorporated; Salomon Smith Barney Inc.; and U.S. Bancorp Piper Jaffray Inc. - consented, without admitting or denying the allegations, to findings that each: * Violated Section 17(a) of the Securities Exchange Act of 1934, Rule 17a-4 under the Exchange Act, NYSE Rule 440 and NASD Rule 3110 by failing to preserve for a period of three years, and/or preserve in an accessible place for two years, electronic communications relating to the business of the firm, including interoffice memoranda and communications. * Violated NYSE Rule 342 and NASD Rule 3010 by failing to establish, maintain and enforce a supervisory system to assure compliance with NASD and NYSE rules and the federal securities laws relating to retention of electronic communications. The firms agreed to a penalty of a censure and fines totaling $8.25 million - $1.65 million per firm - to be paid to the U.S. Treasury, NYSE and NASD. The firms also agreed to review their procedures regarding the preservation of e-mail communications for compliance with federal securities laws and the rules of the NYSE and NASD. Each firm agreed to inform each regulator, in writing, within 90 days that it has established systems and procedures reasonably designed to achieve compliance with the statute and rules relating to e-mail retention. Background The respondents' failure to preserve e-mail communications and\or to maintain them in an accessible place was discovered during investigations being conducted jointly and separately by the SEC, NYSE and NASD. Some firms backed up e-mail communications on tape or other media that was represented as part of a process designed as a disaster-recovery or business-continuity measure, or for another business purpose. However, these firms discarded or recycled and overwrote their back-up tapes and other media, often a year or less after back-up occurred. Each firm had inadequate procedures and systems to retain and make accessible e-mail communications. While some firms relied on employees to preserve copies of the e-mail communications on the hard drives of their individual personal computers, there were no systems or procedures to ensure that employees did so. In those instances in which the firms did retain e-mail communications, those communications were often stored in an unorganized fashion on back- up tapes, other media, or on the hard drives of computers used by individual employees. In some instances, hard drives of computers preserving electronic mail communications were erased when individuals left the employment of the firm. Although each firm had an obligation to preserve e-mail communications pursuant to Section 17(a) of the Exchange Act and Rule 17a-4 thereunder, NYSE Rule 440, and NASD Rule 3110, during all or part of the period from 1999 to at least 2001, each of the firms failed to preserve for three years, and/or to preserve in an accessible place for two years, electronic communications (including interoffice memoranda and communications) that related to its business as a member of an exchange, broker or dealer. (Rel. 34-46937; File No. 3-10957; Press Rel. 2002- 173) SEC HALTS A FRAUDULENT OFFERING OF UNREGISTERED SECURITIES ISSUED BY VIRTUAL CASH, A PURPORTED SOUTH FLORIDA PAYDAY ADVANCE COMPANY The Commission announced that on Nov. 26, 2002, it filed an emergency federal civil action seeking to halt a fraudulent offering of securities issued by Virtual Cash Card LLC, d/b/a Virtual Cash (Virtual Cash), a purported South Florida payday advance company. The action was filed against defendants Virtual Cash, its CEO and president, Eric L. Turner (Turner), its vice-president, Kenneth M. May (May), Omni Advertising, Inc. (Omni) and Omni's president, Anthony Joseph Pinone (Pinone). On the same day, the Honorable Kenneth A. Marra, United States District Judge for the Southern District of Florida, entered, among other things, a temporary restraining order and an order freezing the defendants' assets. According to the Commission's complaint, Virtual Cash, Turner and May, through a Omni, a boiler room operated by Pinone, have been offering unregistered securities to investors nationwide. The Commission alleged that Virtual Cash and its principals have raised more than $1 million from more than 70 investors to purportedly fund short-term cash advances for its purported payday advance business. The complaint alleges that in raising money from investors for this enterprise, Virtual Cash, Turner and May represented to investors that, among other things, their funds would be used to purchase accounts receivable loan contracts and that their funds would be fully collateralized by accounts receivable. Instead, the Commission alleged that of the money taken in from investors, only $156,000 was used to purchase accounts receivable. Further, according to the Commission's complaint, Virtual Cash, Turner and May failed to tell investors that 15% of their funds would be used to pay excessive sales commissions to Omni and that an additional 3% of their funds would be used to pay commissions to May. As a result, the Commission charges Virtual Cash, Turner, May, Omni and Pinone with violations of registration provisions of the federal securities laws, specifically Sections 5(a) and 5(c) of the Securities Act of 1933 ("Securities Act"). The Commission further charges Virtual Cash, Turner and May with violations of anti-fraud provisions of the federal securities laws, including Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. In addition, the SEC charges May, Omni, and Pinone with violations of Section 15(a)(1) of the Exchange Act for acting as unregistered brokers, and charges Turner with aiding and abetting May's, Omni's and Pinone's violations of Section 15(a)(1) of the Exchange Act. In addition to the emergency relief described above, the Commission is also seeking permanent injunctions prohibiting future violations of the securities laws, disgorgement of ill-gotten profits and money penalties. Also included in the lawsuit as relief defendants are three entities controlled by the defendants. These entities are: Virtual Cash Card International, Inc.; Omni Advertising and Marketing, Inc.; and Kenance Consulting, Inc. [SEC v. Virtual Cash Card LLC d/b/a Virtual Cash, Eric L. Turner, Kenneth M. May, Omni Advertising, Inc., Anthony Joseph Pinone (Defendants) and Virtual Cash Card International, Inc., Omni Advertising and Marketing, Inc., Kenance Consulting, Inc. (Relief Defendants), Case No. 02-61672-CIV-ROETTGER, SDFL] (LR-17868) SEC CHARGES CURRENT DIRECTOR OF AND FORMER OFFICERS OF FIRST VIRTUAL COMMUNICATIONS, INC. WITH OVERSTATING REVENUES AND EARNINGS The Commission announced the filing of a complaint on Nov. 26, 2002, against three former senior executives (including the founder and current Chairman of the Board) of First Virtual Communications, Inc. (FVC) for causing FVC to announce overstated revenues and earnings and then selling FVC shares before issuance of the correct financial information. The former executives charged today are: FVC's current Chairman of the Board and former President and CEO, Ralph K. Ungermann; its former CFO, James O. Mitchell; and its former Vice President of Sales, Alan J. McMillan. Ungermann, Mitchell, and McMillan settled the Commission's action without admitting or denying the allegations in the complaint. They agreed to repay a total of about $1.3 million in illegal trading profits, interest, and civil money penalties. Since 1993, FVC, a Silicon Valley technology company, headquartered in Santa Clara, California, has engineered and manufactured video- conferencing products and, through independent distributors, marketed and sold these products to the ultimate customer. FVC's common stock traded on Nasdaq's National Market from April 1998 through August 8, 2002, when it started trading on Nasdaq's small cap market. The Commission's complaint, filed in United States District Court for the Northern District of California, alleges that Ungermann, Mitchell, and McMillan caused FVC to announce overstated revenues and earnings figures in a January 28, 1999 press release. The complaint alleges that, in order to meet revenue goals for the fourth quarter and year end 1998, FVC entered into an agreement with its largest distributor in which the distributor agreed to buy $3 million of FVC product in exchange for FVC's agreement to grant the distributor various return rights on the $3 million of FVC product and on product FVC had previously sold to the distributor. FVC improperly recognized as revenue approximately $5.9 million in sales that were subject to the return rights, in violation of Generally Accepted Accounting Principles. The complaint alleges that, as a result of the defendants' actions, in its January 28, 1999 earnings release, FVC overstated its fourth quarter revenue by 114% and annual revenue by 16% and announced annual earnings of $1.1 million instead of a loss of $2 million. The complaint also alleges that Ungermann, Mitchell, and McMillan failed to disclose this agreement to FVC's auditors, even when specifically asked. The complaint further alleges that, in February 1999, after the earnings release, the defendants sold a total of 330,000 shares of FVC stock, reaping illegal trading profits. In April 1999, after the auditors learned of the return rights that FVC had granted, FVC filed an annual report on Form 10-K that correctly reported FVC's fourth quarter and annual revenue and earnings. After the announcement of FVC's correct financial results, FVC's stock price dropped 60%. The defendants are: * Ralph K. Ungermann, age 60, of Los Altos Hills, California. Ungermann founded FVC in 1993. He was FVC's CEO and President when FVC made the agreement with the distributor. He currently is FVC's Chairman of the Board. The complaint alleges that Ungermann caused FVC's overstatement of revenues and earnings figures in the January 28, 1999 press release, did not disclose the return agreement to FVC's auditors, and participated in FVC's falsification of books and records. The complaint further alleges that Ungermann sold 200,000 FVC shares, realizing illegal trading profits of $384,192 from the announcement of the false revenue and earnings. Ungermann simultaneously settled the SEC's action without admitting or denying the allegations in the complaint. Ungermann agreed to the entry of a court order enjoining him from committing future violations of the federal securities laws and ordering him to pay $384,192 in disgorgement (representing ill- gotten gains from his trades), $71,575 in prejudgment interest, and $384,192 as a civil money penalty. * James O. Mitchell, age 57, of Cupertino, California. Mitchell was FVC's former CFO. The complaint alleges that Mitchell caused FVC's overstatement of revenues and earnings figures in the January 28, 1999 press release, did not disclose the return agreement to FVC's auditors, and participated in FVC's falsification of books and records. The complaint further alleges that Mitchell sold 60,000 FVC shares, realizing illegal trading profits of $102,737 from the announcement of the false revenue and earnings. Mitchell simultaneously settled the SEC's action without admitting or denying the allegations in the complaint. Mitchell agreed to the entry of a court order enjoining him from committing future violations and ordering him to pay $102,737 in disgorgement (representing ill-gotten gains from his trades), $19,140 in prejudgment interest, and $102,737 as a civil money penalty. * Alan J. McMillan, 47, of Palo Alto, California, FVC's former Vice President of Sales. The complaint alleges that McMillan caused FVC's overstatement of revenues and earnings figures in the January 28, 1999 press release and did not disclose the return agreement to FVC's auditors. The complaint further alleges that McMillan sold 70,000 FVC shares, realizing illegal trading profits of $133,848 from the announcement of the false revenue and earnings. McMillan simultaneously settled the SEC's action without admitting or denying the allegations in the complaint. McMillan agreed to the entry of a court order enjoining him from committing future violations and ordering him to pay $133,848 in disgorgement (representing ill- gotten gains from his trades), $24,936 in prejudgment interest, and $133,848 as a civil money penalty. The Commission charged Ungermann, McMillan, and Mitchell with antifraud violations (Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder) and lying to the auditors (Rule 13b2-2 under the Exchange Act). Further, the Commission charged Ungermann and Mitchell with violating, and aiding and abetting violations of the record keeping provisions of the federal securities laws (Section 13(b)(2)(A) of the Exchange Act and Rule 13b2-1 thereunder). In a related enforcement action, the Commission ordered FVC to cease and desist from violating the antifraud (Section 10(b) of the Exchange Act and Rule 10b-5 thereunder) and record-keeping provisions (Section 13(b)(2)(A) of the Exchange Act) of the federal securities laws. The Commission's order found that FVC materially overstated its revenues and earnings for the fourth quarter and year end December 1998 in the January 28, 1999 press release by improperly recognizing revenue from sales with various return rights. FVC, without admitting or denying the Commission's findings, consented to the order to cease and desist. [SEC v. Ralph K. Ungermann, Alan J. McMillan, and James O. Mitchell, USDC, NDCA, Civil Action No. C02-05613 RS] (LR-17869; AAE Rel. 1679) FEDERAL COURT FINDS THAT TWO OF SIMON HERSHON'S "INTERBANK COMPANIES" VIOLATED INVESTMENT COMPANY ACT AND APPOINTS TRUSTEE; COURT DENIES MOTION TO DISMISS SEC FRAUD CLAIMS The Honorable John S. Martin, Jr. of the United States District Court for the Southern District of New York today granted the Commission's application for partial summary judgment in SEC v. IBF Collateralized Finance Corp., et al., Case No. 02-CV-5713-JSM (SDNY), and denied a motion by one of the defendants to dismiss fraud claims against him. The Commission filed a complaint in July 2002 charging Simon Hershon (Hershon) and three of his "InterBank Companies" in connection with the offer and sale of $189 million in debt securities between 1997 and 2002. The corporate defendants are InterBank Funding Corporation (IBF), IBF Collateralized Finance Corporation (CFC) and IBF VI - Secured Lending Corporation (Fund VI). The complaint charges securities fraud and that defendants CFC and Fund VI are operating unlawfully as unregistered investment companies in violation of the Investment Company Act of 1940 (ICA). The Court granted summary judgment on the Commission's ICA claim against CFC and Fund VI. The Court ruled that these defendants are investment companies not exempt from registration under Section 3(c)(5)(C) of the Act for issuers "primarily engaged" in the business of "purchasing or otherwise acquiring mortgages and other liens on and interest in real estate." Defendants argued that they satisfied this mortgage exclusion by acquiring, for a nominal sum, a residual interest in two trusts that had issued mortgaged backed bonds to the public. By structuring the transactions in a particular way, defendants were able to put on their own books all of the mortgages in the trusts, amounting to $674 million, even though defendants did not own the mortgages. The Court rejected this argument, held that defendants were unregistered investment companies and appointed a trustee to take over the management of the defendants' business. The Court also rejected defendant Simon Hershon's motion to dismiss the claims of securities fraud. The complaint charges that Hershon's companies have been able to operate over the past six years only because the companies were constantly raising new offering proceeds, which IBF routinely moved between companies in order to meet their cash flow needs - amounting to tens of millions of dollars of inter-fund transfers. The complaint also alleges that defendants failed to disclose millions of dollars in transfers between IBF and the IBF Funds that were designed to hide - and did hide from investors - millions of dollars in losses sustained by the investment loan portfolios of the IBF Funds. As a result, the financial statements of the IBF Funds materially overstated net income, and return statistics that IBF regularly published about the IBF Funds were materially overstated. [SEC v. IBF COLLATERALIZED FINANCE CORP., et al., Case No. 02-CV-5713, SDNY] (LR-17870) INVESTMENT COMPANY ACT RELEASES ALLSTATE LIFE INSURANCE COMPANY, ET AL. A notice has been issued giving interested persons until Dec. 23, 2002, to request a hearing on an application filed by Allstate Life Insurance Company, et al. seeking an order of exemption pursuant to Section 17(b) of the Investment Company Act from Section 17(a) of the Act. (Rel. IC- 25836 - Nov. 27) HOLDING COMPANY ACT RELEASES UNITIL CORPORATION, ET AL. An order has been issued authorizing Unitil Corporation (Unitil) and two of its retail electric utility subsidiaries, Concord Electric Company (CECo) and Exeter & Hampton Electric Company (E&H), to carry out a stock exchange to effect the merger of E&H into CECo, which will then be renamed Unitil Energy Systems Inc. Authority was also granted to amend and combine the debt indentures of E&H and CECo into a single indenture and to revise the existing authorization for the Unitil money pool to reflect the merger. (Rel. 35-27609) SECURITIES ACT REGISTRATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change filed by the National Association of Securities Dealers (SR-NASD-2002-170) relating to the Primex Auction System, has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of Dec. 2. (Rel. 34-46924) PROPOSED RULE CHANGES The Depository Trust Company filed a proposed rule change (SR-DTC-2002- 08) under Section 19(b)(1) of the Exchange Act. The proposed rule change will establish procedures whereby DTC's nominee, Cede & Co., will be able to exercise certain rights as the recordholder of securities on deposit at DTC where Cede & Co. is required to act with respect to 100% of the securities on deposit or not act at all. . Publication of the proposal is expected in the Federal Register during the week of Dec. 2. (Rel. 34-46930) The National Securities Clearing Corporation filed a proposed rule change (SR-NSCC-2002-05) under Section 19(b)(1) of the Exchange Act. The proposed rule change will increase the minimum amount of cash that must be deposited by members to satisfy clearing fund requirements and will limit the amount of a deposit to the clearing fund that may be collateralized with letters of credit. . Publication of the proposal is expected in the Federal Register during the week of Dec. 2. (Rel. 34- 46931) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change filed by the Cincinnati Stock Exchange (SR-CSE-2002-17) to extend through May 31, 2003 an existing pilot that amends CSE Rule 12.6, Customer Priority, to require designated dealers to better customer orders by sufficient increments in the sub-penny environment in order to trade securities for their own accounts. (Rel. 34-46929) DELISTINGS GRANTED An order has been issued granting the application of the New York Stock Exchange to strike from listing and registration the 6 5/8% Notes (due Oct. 15, 2005) of Quaker State Corporation, effective at the opening of business on Nov. 29, 2002. (Rel. 34-46925) An order has been issued granting the application of the New York Stock Exchange to strike from listing and registration the Series B 10 ¬% Senior Notes (due Dec. 1, 2003) of Hawk Corporation, effective at the opening of business on Nov. 29, 2002. (Rel. 34-46926) An order has been issued granting the application of the New York Stock Exchange to strike from listing and registration the Global Depositary Shares (each representing six ordinary participation certificates) of Pepsi-Gemex, S.A. de C.V., effective at the opening of business on Nov. 29, 2002. (Rel. 34-46927) An order has been issued granting the application of the Philadelphia Stock Exchange to strike from listing and registration call and put option contracts issued by The Options Clearing Corporation with respect to certain underlying securities, effective at the opening of business on Dec. 3, 2002. (Rel. 34-46936) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-8 BIO STANDARD CORP, 301 CLEMATIS STREET, SUITE 3000, WEST PALM BEACH, FL, 33401, 561-651-7336 - 3,000,000 ($90,000.00) Equity, (File 333-101587 - Dec. 2) (BR. 07) S-8 NEOMEDIA TECHNOLOGIES INC, 2201 SECOND ST STE 600, STE 600, FORT MYERS, FL, 33901, 6303554404 - 4,000,000 ($200,000.00) Equity, (File 333-101588 - Dec. 2) (BR. 03) S-8 REINHOLD INDUSTRIES INC/DE/, 12827 EAST IMPERIAL HWY, SANTA FE SPRINGS, CA, 90670-4713, 5629443281 - 132,700 ($1,068,235.00) Equity, (File 333-101589 - Dec. 2) (BR. 05) S-8 CORONADO INDUSTRIES INC, 16929 EAST ENTERPRISE DRIVE, SUITE 202, FOUNTAIN HILLS, AZ, 85268, 6028376810 - 10,000,000 ($50,000.00) Equity, (File 333-101590 - Dec. 2) (BR. 01) S-8 APOLO GOLD INC, 1458-409 GRANVILLE STREET, VANCOUVER BC CANADA, A1, V6C 1T2, 6046874150 - 7,500,000 ($375,000.00) Equity, (File 333-101592 - Dec. 2) (BR. 09) SB-2 CENTREX INC, 8908 SOUTH YALE AVE, SUITE 409, TULSA, OK, 74137, 9184810167 - 14,691,000 ($5,693,610.00) Equity, (File 333-101593 - Dec. 2) (BR. 36) S-8 INTERNATIONAL TRUST & FINANCIAL SYSTEMS INC, 2255 GLADES ROAD STE 324A, BOCA RATON, FL, 33431, 5168922975 - 2,300,000 ($46,000.00) Equity, (File 333-101594 - Dec. 2) (BR. 02) S-8 OSHKOSH TRUCK CORP, 2307 OREGON ST, P O BOX 2566, OSHKOSH, WI, 54903, 4142359151 - 50,000 ($3,045,500.00) Equity, (File 333-101596 - Dec. 2) (BR. 05) S-8 POSTERALLEY COM INC, 2281 GUENETTE, ., VILLE SAINT-LAURENT, A8, HR4 2E9, (514) 339-9355 - 300,000 ($225,000.00) Equity, (File 333-101597 - Dec. 2) (BR. 06) S-3 VENTAS INC, 4360 BROWNSBORO ROAD, SUITE 115, LOUISVILLE, KY, 40207, 5025967300 - 0 ($103,887,854.00) Equity, (File 333-101598 - Dec. 2) (BR. 08) S-8 AVVAA WORLD HEALTH CARE PRODUCTS INC, PO BOX 335, 3018 SCHAEFFER ROAD, FALKLAND BC CANADA, A1, V0E 1W0, 250-379-2727 - 1,450,000 ($652,500.00) Equity, (File 333-101599 - Dec. 2) (BR. 04) S-8 LIGHTBRIDGE INC, 67 S BEDFORD ST, BURLINGTON, MA, 01803, 6173594000 - 0 ($1,360,000.00) Equity, (File 333-101600 - Dec. 2) (BR. 37) S-8 CTI GROUP HOLDINGS INC, 333 NORTH ALABAMA STREET, SUITE 240, INDIANAPOLIS, IN, 46204, 6106661700X206 - 4,410,000 ($1,202,850.00) Equity, (File 333-101601 - Dec. 2) (BR. 06) F-6 WMC RESOURCES INC, GPO BOX 860K, MELBOURNE, VICTORIA AUSTRIALIA, A3, 00000, 20,000,000 ($1,000,000.00) ADRs/ADSs, (File 333-101603 - Dec. 2) (BR. ) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: Item 1. Changes in Control of Registrant. Item 2. Acquisition or Disposition of Assets. Item 3. Bankruptcy or Receivership. Item 4. Changes in Registrant's Certifying Accountant. Item 5. Other Materially Important Events. Item 6. Resignations of Registrant's Directors. Item 7. Financial Statements and Exhibits. Item 8. Change in Fiscal Year. Item 9. Regulation FD Disclosure. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT ------------------------------------------------------------------------------------ 3COM CORP DE X 11/26/02 3COM CORP DE X 11/29/02 ALLIED WASTE INDUSTRIES INC DE X 12/02/02 AMERICAN HEALTHWAYS INC DE X 11/26/02 AMERIQUEST MORTGAGE SECURITIES INC DE X X 11/26/02 AMERISERV FINANCIAL INC /PA/ PA X 12/02/02 ANTHEM INC IN X 12/02/02 ATLAS AIR INC DE X 11/29/02 ATLAS AIR WORLDWIDE HOLDINGS INC DE X 11/29/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 06/25/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 07/25/02 BLACK DIAMOND INDUSTRIES INC FL X 11/14/02 BLACK HILLS CORP /SD/ SD X 11/27/02 BLUESTAR LEASING INC NV X 11/25/02 BRADLEY PHARMACEUTICALS INC DE X X 11/20/02 C BASS MORTGAGE LOAN ASSET BACKED CER DE X X 11/25/02 CAPITAL TITLE GROUP INC DE X X 09/18/02 AMEND CARNIVAL CORP DE X X 11/30/02 CASTLE A M & CO DE X X 11/22/02 CFS BANCORP INC DE X X 11/29/02 CHASE MORTGAGE FINANCE CORP DE X 11/25/02 CITIZENS FIRST CORP KY X 12/02/02 COMMERCIAL FEDERAL CORP NE X X 11/26/02 COMPLE TEL EUROPE NV X X 12/02/02 CONNETICS CORP DE X 11/30/02 CORPORATE BOND BACKED CERT TR SER 199 DE X X 12/02/02 CORPORATE BOND BACKED CERT TRUST SERI DE X X 12/02/02 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 12/02/02 CROWN AMERICAN REALTY TRUST MD X X 11/19/02 CYBERNET INTERNET SERVICES INTERNATIO DE X X 11/08/02 DEVELOPERS DIVERSIFIED REALTY CORP OH X X 11/15/02 DRS TECHNOLOGIES INC DE X X X 12/02/02 EARTHLINK INC DE X 11/29/02 EL PASO ENERGY PARTNERS LP DE X X 12/02/02 ELECSYS CORP KS X X 10/31/02 AMEND EOS INTERNATIONAL INC DE X X 11/27/02 EQUITY MARKETING INC DE X 12/02/02 ESCO TECHNOLOGIES INC MO X X 12/02/02 ESG RE LTD X X X 11/22/02 FANSTEEL INC DE X 10/31/02 FILMAGIC ENTERTAINMENT CORPORATION UT X 11/26/02 FINANCIAL ASSET SEC CORP ASSET BACKED DE X X 09/30/02 FIRSTENERGY CORP OH X 12/02/02 FORCE 10 TRADING INC NV X X 11/22/02 FRESENIUS MEDICAL CARE HOLDINGS INC / NY X X 11/29/02 GENERAL MARITIME CORP/ X 11/26/02 GEORGIA PACIFIC CORP GA X X 11/27/02 HEALTH CARE PROPERTY INVESTORS INC MD X 11/21/02 HORTON D R INC /DE/ DE X X 11/22/02 HUFFY CORP OH X 09/19/02 AMEND IMAGIS TECHNOLOGIES INC A1 X X 05/15/02 IMMULABS CORP CO X 11/26/02 KEYCORP STUDENT LOAN TRUST 1999 B DE X X 11/25/02 LABORATORY CORP OF AMERICA HOLDINGS DE X 12/02/02 LCA VISION INC DE X X 11/26/02 LEVEL 3 COMMUNICATIONS INC DE X X 11/27/02 LIGAND PHARMACEUTICALS INC DE X X 12/02/02 MANAGEMENT NETWORK GROUP INC X X 12/02/02 MASSEY ENERGY CO DE X X 11/27/02 MERA PHARMACEUTICALS INC DE X X 09/16/02 AMEND MERA PHARMACEUTICALS INC DE X X 09/16/02 AMEND MEVC DRAPER FISHER JURVESTON FUND I I DE X 12/02/02 MFC DEVELOPMENT CORP DE X 11/27/02 MICROFIELD GRAPHICS INC /OR OR X X 09/17/02 AMEND MONTPELIER RE HOLDINGS LTD D0 X 11/29/02 MTS SYSTEMS CORP MN X 11/19/02 NAVISTAR INTERNATIONAL CORP DE X 12/02/02 NEWPOWER HOLDINGS INC DE X X 11/25/02 NORTH FORK BANCORPORATION INC DE X 12/02/02 NTL COMMUNICATIONS CORP DE X X 07/16/02 NTL INC/DE/ DE X X 11/29/02 NUTEK INC NV X 12/02/02 OCEAN VENTURES INC X 11/29/02 OFFICE DEPOT INC DE X X 12/01/02 OFFICEMAX INC /OH/ OH X 12/02/02 ONYX ACCEPTANCE OWNER TRUST 2002-A DE X 10/31/02 ONYX ACCEPTANCE OWNER TRUST 2002-B DE X 10/31/02 ONYX ACCEPTANCE OWNER TRUST 2002-C DE X 10/31/02 PEOPLES BANCORP INC OH X 12/02/02 PERKINELMER INC MA X X 11/29/02 PROGRESS ENERGY INC NC X X 12/02/02 RANGE RESOURCES CORP DE X X 12/02/02 AMEND RATEXCHANGE CORP DE X 12/02/02 REGAL ONE CORP FL X 12/02/02 REGENERATION TECHNOLOGIES INC FL X X 11/26/02 RESIDENTIAL ASSET MORT PRODUCT GMACM DE X X 11/25/02 ROHN INDUSTRIES INC DE X X X 11/16/02 SALON MEDIA GROUP INC DE X X 11/21/02 SEALED AIR CORP/DE DE X 11/27/02 SEARS CREDIT ACCOUNT MASTER TRUST II IL X X 11/22/02 SECOND BANCORP INC OH X 12/02/02 SHELTER PROPERTIES IV LIMITED PARTNER SC X X 12/02/02 SHIRE PHARMACEUTICALS GROUP PLC X X 12/02/02 SILICON IMAGE INC DE X 11/27/02 STERLING CHEMICALS HOLDINGS INC /TX/ DE X X 11/21/02 STRUCTURED ASSET SECURITIES CORP DE X 11/26/02 SUNRISE ASSISTED LIVING INC DE X 12/02/02 TULARIK INC DE X 12/02/02 UAL CORP /DE/ DE X X 12/02/02 URBAN TELEVISION NETWORK CORP NV X X 11/29/02 US PATRIOT INC SC X X 11/22/02 VALENCE TECHNOLOGY INC DE X X 11/27/02 VENTAS INC DE X X 12/02/02 WESTPORT RESOURCES CORP /NV/ NV X X 12/02/02 WESTPORT RESOURCES CORP /NV/ NV X X 12/02/02 WESTPORT RESOURCES CORP /NV/ NV X 12/02/02 WESTPORT RESOURCES CORP /NV/ NV X 12/02/02