-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OeOW1dauzo1BBfxEYLegs69MPqGG+EMlGLGTGp4CGmhCsAHH8SQVf8W+CrFg2qq+ K8D2XDDzJZJ9qUpyVVQ/0g== 0001022581-02-000013.txt : 20020820 0001022581-02-000013.hdr.sgml : 20020820 20020820143326 ACCESSION NUMBER: 0001022581-02-000013 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20020819 ITEM INFORMATION: FILED AS OF DATE: 20020820 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSOLIDATED FREIGHTWAYS CORP CENTRAL INDEX KEY: 0001022581 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 770425334 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12149 FILM NUMBER: 02743758 BUSINESS ADDRESS: STREET 1: 16400 SE CF WAY CITY: VANCOUVER STATE: WA ZIP: 98683 BUSINESS PHONE: 360-448-4000 MAIL ADDRESS: STREET 1: 16400 SE CF WAY CITY: VANCOUVER STATE: WA ZIP: 98683 8-K 1 b0819028k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 19, 2002 CONSOLIDATED FREIGHTWAYS CORPORATION Commission File Number 1-12149 Incorporated in the State of Delaware I.R.S. Employer Identification No. 77-0425334 16400 S.E. CF Way, Vancouver, WA 98683 Telephone Number (360) 448-4000 Item 9. Regulation FD Disclosure On August 19, 2002, the Company announced the filing of sworn statements by John Brincko, President and Chief Executive Officer, and Stephen Sokol, Executive Vice President of Finance and Chief Financial Officer, indicating that neither has had sufficient time to complete internal review of materials covered by the Securities and Exchange Commission's certification order. The Company also announced an additional delay in the filing of its quarterly report on Form 10-Q for the period ended June 30, 2002. Copies of the press release and sworn statements are attached as exhibits. Item 7. Exhibits 99.1 Press Release dated August 19, 2002 99.2 Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances Relating to Exchange Act Filings 99.3 Statement Under Oath of Principal Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Consolidated Freightways Corporation (Registrant) August 19, 2002 /s/Stephen Sokol Stephen Sokol Executive Vice President of Finance and Chief Financial Officer EX-99 3 a081902pr.txt EXHIBIT 99.1 Exhibit 99.1 CONSOLIDATED FREIGHTWAYS CORPORATION FILES WITH SEC REGARDING CERTIFICATION VANCOUVER, Wash., August 19, 2002 - In statements filed with the SEC today, Consolidated Freightways Corporation announced that neither Chief Executive Officer John Brincko, nor Chief Financial Officer Stephen Sokol, has had sufficient time to complete internal review of the materials covered by the SEC's certification order. Mr. Brincko joined the company on May 28, 2002 and Mr. Sokol was appointed on July 1, 2002. The company previously filed for an extension to August 19, 2002 to file its second quarter 10-Q report and by that date Messrs. Brincko and Sokol were also required to provide certification, or to indicate to the SEC that they were unable to certify. The company also reported that it has not yet completed the second quarter financial statements or the related management's discussion and analysis of financial condition and results of operations. The company said that work on the Form 10-Q for the period ending June 30, 2002 was continuing, and that it expects to file within approximately two weeks. Consolidated Freightways Corporation is comprised of national less-than-truckload carrier Consolidated Freightways, third party logistics provider Redwood Systems, Canadian Freightways LTD, Grupo Consolidated Freightways, the company's subsidiary in Mexico and CF AirFreight, an air freight forwarder. EX-99 4 exhibit992.txt EXHIBIT 99.2 Exhibit 99.2 Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances Relating to Exchange Act Filings I, John Brincko, state and attest that: (1) For the following reason, I am not able to state and attest that (i) no covered report of Consolidated Freightways Corporation (the "Company") contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed) and (ii) no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed): as a result of the recent appointments of John Brincko as Chief Executive Officer as of May 28, 2002 and Stephen Sokol as Chief Financial Officer as of July 1, 2002, the Company has not yet completed its internal review of the financial statements as of or for the year ended December 31, 2001 and the three months ended March 31, 2002. (2) I have reviewed the contents of this statement with the Company's Board of Directors, including the members of the audit committee of the Board of Directors. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": Annual Report on Form 10-K for the year ended December 31, 2001 filed with the Commission on April 15, 2002; all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and any amendments to any of the foregoing. CONSOLIDATED FREIGHTWAYS Subscribed and sworn to CORPORATION before me this 19th day of August 2002. /s/Darlene A. Barnes By: /s/ John Brincko Notary Public Name: John Brincko My Commission Expires: 9/27/04 Title: Chief Executive Officer August 19, 2002 EX-99 5 exhibit993.txt EXHIBIT 99.3 Exhibit 99.3 Statement Under Oath of Principal Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings I, Stephen Sokol, state and attest that: (1) For the following reason, I am not able to state and attest that (i) no covered report of Consolidated Freightways Corporation (the "Company") contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed) and (ii) no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed): as a result of the recent appointments of John Brincko as Chief Executive Officer as of May 28, 2002 and Stephen Sokol as Chief Financial Officer as of July 1, 2002, the Company has not yet completed its internal review of the financial statements as of or for the year ended December 31, 2001 and the three months ended March 31, 2002. (2) I have reviewed the contents of this statement with the Company's Board of Directors, including the members of the audit committee of the Board of Directors. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": Annual Report on Form 10-K for the year ended December 31, 2001 filed with the Commission on April 15, 2002; all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and any amendments to any of the foregoing. CONSOLIDATED FREIGHTWAYS Subscribed and sworn to CORPORATION before me this 19th day of August 2002. /s/Darlene A. Barnes By: /s/ Stephen Sokol Notary Public Name: Stephen Sokol My Commission Expires: 9/27/04 Title: Chief Financial Officer August 19, 2002 -----END PRIVACY-ENHANCED MESSAGE-----