-----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, VXP8SKFitXq9ueuAwY9ItgSXhpA1R0sA8FANNeWmufeRqWy+RSIGazYsk2uxnGYm cml7SH0ftUWxR5nq334yUA== 0000950136-04-000627.txt : 20040303 0000950136-04-000627.hdr.sgml : 20040303 20040302190036 ACCESSION NUMBER: 0000950136-04-000627 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040225 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040303 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FIRST UNION REAL ESTATE EQUITY & MORTGAGE INVESTMENTS CENTRAL INDEX KEY: 0000037008 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 346513657 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-06249 FILM NUMBER: 04644125 BUSINESS ADDRESS: STREET 1: 7 BULFINCH PLACE STREET 2: SUITE 500 PO BOX 9507 CITY: BOSTON STATE: MA ZIP: 02114 BUSINESS PHONE: 6175704614 MAIL ADDRESS: STREET 1: 7 BULFINCH PLACE STREET 2: SUITE 500 PO BOX 9507 CITY: BOSTON STATE: MA ZIP: 02114 FORMER COMPANY: FORMER CONFORMED NAME: FIRST UNION REALTY DATE OF NAME CHANGE: 19691012 8-K 1 file001.txt FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, DC 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) February 25, 2004 FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS ------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) Ohio ------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 001-06249 34-6513657 ------------------------ ------------------------------------ (Commission File Number) (I.R.S. Employer Identification No.) 7 Bulfinch Place, Suite 500, P.O. Box 9507, Boston, Massachusetts 02114 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (617) 570-4600 -------------- (Registrant's Telephone Number, Including Area Code) n/a ------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Item 4. Changes in Registrant's Certifying Accountant On February 25, 2004, KPMG LLP, the Registrant's independent auditors for the year ended December 31, 2003 advised the Registrant that they would not stand for re-election as the Registrant's independent auditors for the year ending December 31, 2004. KPMG LLP has not yet issued its report on the Registrant's financial statements for the fiscal year ended December 31, 2003. KPMG LLP's report on the Registrant's combined financial statements as of and for the years ended December 31, 2002 and 2001 did not contain any adverse opinion or a disclaimer of opinion nor were they qualified or modified as to uncertainty, audit scope, or accounting principles. During the Registrant's past two fiscal years and through the date of this report, there wereno disagreements with the KPMG LLP on any matter of accounting principle or practice, financial statement disclosure, or auditing scope or procedure which disagreements if not resolved to the KPMG LLP's satisfaction, would have caused them to make reference to the subject matter in connection with their report on our financial statements for such year. The Board of Trustees has not, as of February 27, 2004, approved the engagement of a new auditor for the Registrant. A letter from KPMG LLP is attached as an exhibit to this Form 8-K Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits 16. Letter dated March 2, 2004 from KPMG LLP. 2 SIGNATURES 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 on this 2nd day of March, 2004. FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS By: /s/ Carolyn Tiffany ---------------------------------- Carolyn Tiffany Chief Operating Officer 3 EXHIBIT INDEX Exhibit Page - ------- ---- 16. Letter from KPMG LLP dated March 2, 2004. 5 EX-16.1 3 file002.txt LETTER FROM KPMG LLP Exhibit 16.1 March 2, 2004 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Ladies and Gentlemen: We are currently principal accountants for First Union Real Estate Equity and Mortgage Investments (the Registrant) and, under the date of March 28, 2003, we reported on the combined financial statements of the Registrant and First Union Management, Inc. as of and for the years ended December 31, 2002 and 2001. On February 25, 2004, we advised the Registrant that we declined to stand for reelection, and as such the auditor-client relationship with KPMG LLP will cease upon completion of the audit of the Registrant's combined financial statements as of and for the year ended December 31, 2003, and the issuance of our report thereon. We have read the Registrant's statements included under Item 4 of its Form 8-K dated February 25, 2004, and we agree with such statements, except that we are not in a position to agree or disagree with the Registrant's statement that the Board of Trustees has not, as of February 27, 2004, approved the engagement of a new auditor for the Registrant. Very truly yours, /s/ KPMG LLP -----END PRIVACY-ENHANCED MESSAGE-----