8-K 1 l00819ae8vk.txt FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVEST -------------------------------------------------------------------------------- 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 May 6, 2003 ----------- First Union Real Estate Equity and Mortgage Investments -------------------------------------------------------------------------------- (Exact name of Registrant as Specified in Its Charter) Ohio 1-6249 34-6513657 ------------------------------- ------------------------ ------------------- (State or Other Jurisdiction of (Commission File Number) (I.R.S. Employer Incorporation) Identification No.) 125 Park Avenue, 14th Floor New York, New York 10017 ---------------------------------------- ---------- (Address of Principal Executive Offices) (Zip Code) Registrant's Telephone Number, Including Area Code: (212) 949-1373 -------------- -------------------------------------------------------------------------------- Former Name or Former Address, if Changed Since Last Report ITEM 5. OTHER EVENTS The Special Committee of the Board of Trustees of the Registrant received a letter dated April 28, 2003 from William A. Ackman, Authorized Signatory, Gotham Partners L.P. ("Gotham"). Gotham filed its letter with the Securities and Exchange Commission as an exhibit to an amendment to its Schedule 13D. The Board of Trustees has authorized the Chair of the Special Committee, Mr. Daniel Altobello, to respond to the Gotham letter. The letter of Mr. Altobello, written on behalf of the Board of Trustees of the Registrant, dated May 6, 2003, is attached hereto as an exhibit. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS c. Exhibits 99.1 - Letter of Registrant to Gotham Partners L.P. dated May 6, 2003. 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. First Union Real Estate Equity and Mortgage Investments Date: May 6, 2003 By: /s/ Neil H. Koenig ----------- ---------------------------------- Neil H. Koenig Interim Chief Financial Officer 2