SEC NEWS DIGEST Issue 2002-171 September 4, 2002 ENFORCEMENT PROCEEDINGS FORMER TOP OFFICERS OF SUNBEAM CORP. SETTLE SEC CHARGES; DUNLAP AND KERSH CONSENT TO FRAUD INJUNCTIONS, PERMANENT OFFICER AND DIRECTOR BARS, CIVIL MONETARY PENALTIES The former Chairman and CEO of Sunbeam Corp., Albert Dunlap, and Sunbeam's former Chief Financial Officer, Russell Kersh, have consented to the entry of final judgments against them in litigation brought by the Securities and Exchange Commission in U.S. District Court for the Southern District of Florida. Without admitting or denying the allegations in the Commission's complaint, Dunlap and Kersh agreed to the entry of judgments (1) permanently enjoining each of them from violating the antifraud, reporting, books and records, and internal controls provisions of the federal securities laws; (2) permanently barring each of them from serving as officers or directors of any public company, and (3) requiring Dunlap to pay a civil penalty of $500,000 and Kersh to pay a civil penalty of $200,000. U.S. District Judge Donald Middlebrooks signed the final judgments today. According to the Commission's complaint, Dunlap and Kersh, together with others, employed improper accounting techniques and undisclosed non- recurring transactions to misrepresent Sunbeam's results of operations. As a result, Sunbeam's financial statements and press releases reporting 1996 year-end results, quarterly and year-end 1997 results, and first- quarter 1998 results were materially false and misleading. More specifically, the Commission alleged: * The illegal conduct began at year-end 1996 with the creation by Kersh and others of inappropriate accounting reserves, which increased Sunbeam's reported loss for 1996. These "cookie-jar" reserves were then used to inflate income in 1997, thus contributing to the false picture of a rapid turnaround in Sunbeam's financial performance. In addition, to further boost income in 1997, Dunlap, Kersh and others caused the Company to recognize revenue for sales, including "bill and hold sales," that did not meet applicable accounting rules. As a result, for fiscal 1997, at least $60 million of Sunbeam's reported $189 million in earnings from continuing operations before income taxes came from accounting fraud. * Also in 1997, Dunlap, Kersh and others failed to disclose that Sunbeam's 1997 revenue growth was, in part, achieved at the expense of future results. The Company had offered discounts and other inducements to customers to sell merchandise immediately that otherwise would have been sold in later periods, a practice known as "channel stuffing." * Sunbeam's improper accounting and channel stuffing in 1997 created the prospect of diminished results in 1998. In early 1998, Dunlap, Kersh and others took increasingly desperate measures to conceal the Company's mounting financial problems. They again caused Sunbeam to recognize revenue for sales that did not meet the applicable accounting rules and to engage in accel eration of sales revenue from later periods, and, further, misrepresented or caused the Company to misrepresent its performance and future prospects in its filing on Form 10-Q for the first quarter of 1998, its offering materials in connection with a bond offering, its press releases, and in communications with analysts. The consent judgments permanently bar Dunlap and Kersh from serving as an officer or director of a public company, require them to pay civil monetary penalties of $500,000 and $200,000, respectively, and enjoin Dunlap and Kersh from violating or aiding and abetting violations of the anti-fraud provisions of the federal securities laws (Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Exchange Act of 1934 and Rule 10b-5 thereunder), the reporting provisions (Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13 thereunder), and the books and records and internal controls provisions (Sections 13(b)(2)(A), 13(b)(2)(B) and, with respect to Kersh, 13(b)(5) of the Exchange Act and Rules 13b2-1 and 13b2-2 thereunder). Dunlap paid $15 million and Kersh $250,000 out of their own funds to settle a related class action. Neither Dunlap nor Kersh sold Sunbeam stock or received performance-based bonuses during the relevant period. The Commission's action against three other former officers of Sunbeam, Robert J. Gluck, Donald R. Uzzi and Lee B. Griffith, and against Phillip Harlow, the audit partner on the Arthur Andersen engagements to audit Sunbeam's 1996, 1997 and 1998 year-end financial statements, remains pending. Trial is scheduled for January 2003. See also LR- 17001 (May 15, 2001). [SEC v. Albert Dunlap et al., Civil Action No. 01-8437-CIV, Middlebrooks, S.D. Fla.] (LR-17710) SEC CHARGES INVESTMENT ADVISER WITH FAILURE TO SUPERVISE IN CONNECTION WITH ADJUSTED TRADING IN INVESTMENT-GRADE CORPORATE BONDS On September 3, the Commission instituted public administrative proceedings against Vanderbilt Capital Advisors LLC (formerly known as ARM Capital Advisors LLC), which has been a registered investment adviser since 1995. In anticipation of the institution of the proceedings, Vanderbilt Capital Advisors submitted an offer of settlement, which the Commission has determined to accept. Accordingly, the Commission entered an Order that (1) makes findings that Vanderbilt Capital Advisors failed reasonably to supervise its senior portfolio manager; (2) censures Vanderbilt Capital Advisor; (3) imposes a $125,000 civil penalty against Vanderbilt Capital Advisors; and (4) orders Vanderbilt Capital Advisors to comply with its undertakings to maintain its currently existing procedures, retain an Independent Review Person to conduct a comprehensive review of its supervisory and trade review procedures, and adopt and implement procedures as recommended by the Independent Review Person. Vanderbilt Capital Advisors consented to the Order without admitting or denying the findings contained therein. The Order finds that in March and April 1998, ARM Capital Advisors failed reasonably to supervise its senior portfolio manager who transacted a series of adjusted trades during that time. Adjusted trading is a fraudulent trading practice where a person sells a security at a price above the prevailing market price and purchases another security at a corresponding price above the prevailing market price to offset the overpayment in the first transaction. In this case, the senior portfolio manager caused certain accounts managed by ARM Capital Advisors to suffer unrealized losses to pay for gains he procured for different accounts managed by ARM Capital Advisors by trading bonds above the prevailing market prices. The order further finds that ARM Capital Advisors did not have procedures at the relevant time that provided for review of the prices at which a senior portfolio manager transacted trades. Consequently, senior portfolio managers at ARM Capital Advisors had unsupervised control over the prices at which trading between broker-dealers and client accounts occurred. (Rel. IA- 2053; File No. 3-10882) SEC CHARGES TRADER WITH CAUSING VIOLATIONS OF FEDERAL SECURITIES LAWS IN CONNECTION WITH ADJUSTED TRADING IN INVESTMENT-GRADE CORPORATE BONDS On September 3, the Commission instituted public cease-and-desist proceedings against Keith J. Mauney, who was an investment-grade corporate bond trader for a registered broker-dealer from March 1997 through April 1998. In anticipation of the institution of the proceedings, Mauney submitted an offer of settlement, which the Commission has determined to accept. Accordingly, the Commission entered an Order that makes findings that Mauney caused violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule l0b-5 thereunder, and orders him to cease and desist from committing or causing any violation and any future violation of the same sections and rule. Mauney consented to the Order without admitting or denying the findings contained therein. The Order finds that in March and April 1998, Mauney acted recklessly in connection with a series of adjusted trades in investment-grade corporate bonds by failing to inquire into red flags and suggestions of irregularities and by failing to confirm that prices of certain transactions were at the prevailing market prices. Moreover, the Order finds that Mauney knowingly sold certain investment-grade corporate bonds at prices above the prevailing market prices. As a result of Mauney's conduct, a portfolio manager for a registered investment adviser and a registered representative associated with the same broker- dealer that employed Mauney were able to transact a series of adjusted trades whereby they fraudulently increased the assets of favored accounts managed by the investment adviser at the expense of disfavored accounts by trading certain bonds above their prevailing market prices. Adjusted trading is a fraudulent trading practice where a person sells a security at a price above the prevailing market price and purchases another security at a corresponding price above the prevailing market price to offset the overpayment in the first transaction. (Rels. 33- 8125; 34-46448; File No. 3-10881) SEC CHARGES PORTFOLIO MANAGER WITH FRAUD IN CONNECTION WITH ADJUSTED TRADING IN INVESTMENT-GRADE CORPORATE BONDS On September 3, the Commission instituted public administrative and cease-and-desist proceedings against Harvey I. Rubinstein, who was a senior portfolio manager of a registered investment adviser from January 1995 through January 2000. In anticipation of the institution of the proceedings, Rubinstein submitted an offer of settlement, which the Commission has determined to accept. Accordingly, the Commission entered an Order that makes findings that Rubinstein willfully violated Section 17(a) of the Securities Act, Section 10(b) of the Securities Exchange Act, and Rule l0b-5 thereunder, and willfully aided and abetted and caused violations of Sections 206(1) and 206(2) of the Investment Advisers Act; orders him to cease and desist from committing or causing any violation and any future violation of the same sections and rule; bars him from being associated with an investment adviser; and imposes a $25,000 civil penalty. Rubinstein consented to the Order without admitting or denying the findings contained therein. The Order finds that in March and April 1998, Rubinstein and a registered representative associated with a registered broker-dealer planned and transacted a series of adjusted trades in investment-grade corporate bonds between Rubinstein's investment adviser and the registered representative's broker-dealer. Adjusted trading is a fraudulent trading practice where a person sells a security at a price above the prevailing market price and purchases another security at a corresponding price above the prevailing market price to offset the overpayment in the first transaction. In this case, Rubinstein and the registered representative fraudulently increased the assets of favored accounts managed by the investment adviser at the expense of disfavored accounts by trading certain bonds above their prevailing market prices. (Rels. 33-8126; 34-46449; IA-2054; File No. 3-10883) SEC CHARGES REGISTERED REPRESENTATIVE WITH FRAUD IN CONNECTION WITH ADJUSTED TRADING INVESTMENT-GRADE CORPORATE BONDS On September 3, the Commission instituted public administrative and cease-and-desist proceedings against Leslie Arouh, who is a registered representative associated with a registered broker-dealer. The Division of Enforcement alleges that in March and April 1998, Arouh and a portfolio manager associated with a registered investment adviser planned, negotiated, and transacted a series of adjusted trades in investment-grade bonds between Arouh's broker-dealer at the time and the portfolio manager's investment adviser. Adjusted trading is a fraudulent trading practice where a person sells a security at a price above the prevailing market price and purchases another security at a corresponding price above the prevailing market price to offset the overpayment in the first transaction. A hearing will be scheduled before an administrative law judge to determine whether Arouh committed the alleged violations, to accord Arouh an opportunity to establish defenses to such allegations, to determine what sanctions, if any, are appropriate in the public interest, and to determine whether civil penalties should be imposed. (Rels. 33-8127; 34-46450; File No. 3- 10884) STEVEN BOLLA SENTENCED TO ONE YEAR IN PRISON FOR MAKING FALSE STATEMENTS TO THE SEC Roscoe C. Howard, Jr., the United States Attorney for the District of Columbia, announced today that, on August 30, 2002, United States District Judge Thomas Penfield Jackson sentenced former investment adviser Steven M. Bolla, 43, of Alpharetta Georgia, to twelve months incarceration for making false statements to the Securities and Exchange Commission in 1999 and 2000. Judge Jackson also ordered Bolla to pay a $20,00 fine and restitution to the Commission of $90,000. Following his incarceration, Bolla is to be placed on supervisory release for a period of three years. Bolla, the former president of Security Financial, Inc., an investment advisory firm, had pleaded guilty on May 9, 2002, to a one count information charging him with violating 18 U.S.C. Section 1001 by making false statements to the SEC in connection with the June 2000 settlement of SEC v. James L. Foster, Laurie F. Foster, Steven M. Bolla and William E. Busacker, Jr., Civil Action No. 1:OOCVO1192, D.C.D.C. In SEC v. Foster et al., Bolla was permanently enjoined from violating the antifraud and other provisions of the federal securities laws, and ordered to pay a $10,000 penalty. In the final judgment in that case, United States District Judge Thomas A. Flannery specifically noted that Bolla was not directed to pay additional amounts as a civil penalty because of his demonstrated inability to pay a higher amount, as shown by sworn financial statements Bolla had furnished to the SEC. As part of the settlement, on June 20, 2000, the Commission also barred Bolla from associating with any investment advisor, with a right to reapply for association after five years. In the Matter of James L. Foster et al., Rel. 34-42963 (June 20, 2000). The SEC subsequently learned that Bolla's financial statements materially underreported his assets and income. Among other things, before submitting a financial statement to the SEC in November 1999, Bolla transferred over $940,000 in assets to an account in his wife's name, but over which he had general power of attorney. Bolla improperly failed to report these assets to the SEC. Bolla also failed to disclose to the SEC income of more than $50,000 per month during the relevant period. In addition, in a February 5, 2000, declaration to the SEC, Bolla claimed that he had less than $4,000 in cash assets during the reporting period. In fact, as of January 31, 2000, he had more than $816,000 in money fund shares and $98,000 worth of securities in the account in his wife's name, and on February 3, 2000, he deposited an additional $128,000 into the account. Bolla also filed to disclose the existence of various securities and bank accounts, as well as more than 40 transfers of more than $1,000 that he was required to report. In a separate matter, on July 31, 2002, the Commission charged Bolla with securities fraud and with violating the June 2000 Commission order barring Bolla from associating with an investment adviser. SEC v. Steven M. Bolla et al., Civil Action No. 1:02CV01506, D.C.D.C., CKK, LR-17642 (July 31, 2002). The SEC's litigation is pending in the United States District Court for the District of Columbia. The SEC thanks the United States Attorney's Office for the District of Columbia and the Federal Bureau of Investigation for their efforts in investigating and prosecuting the case. [United States v. Steven M. Bolla, Case No. 02- 196, D.C.D.C., TPJ] (LR-17710) COMMISSION ANNOUNCEMENTS SEC HISTORICAL SOCIETY TO HOST ROUNDTABLE ON ENFORCEMENT The Commission and the Securities and Exchange Commission Historical Society will host an oral histories roundtable on Sept. 25, 2002, focusing on how the SEC enforcement program functioned before the creation of the Division of Enforcement and during the early years of the Division. The roundtable will take place on Wednesday, Sept. 25 from 2:00 - 5:00 p.m. EDT in the William O. Douglas Room at the Commission headquarters building, 450 Fifth Street, N.W., Washington, D.C. The co-moderators will be Irving Pollack and the Honorable Stanley Sporkin, the first two directors of the Division. Panelists at the Roundtable include David Doherty, Benjamin Greenspoon, Alan Levenson, Theodore Levine, Thomas Rae, Alan Rosenblat, Richard Rowe, David Silver, Theodore Sonde and Wallace Timmeny. For the first time, the SEC Historical Society will offer a live audio- stream of the event on its Web site at www.sechistorical.org. As usual, the roundtable will be videotaped and placed in the virtual archives of the Historical Society. The roundtable will also be audio- cast on the SEC's Web site at www.sec.gov. The Society, founded in 1999, works to preserve the history of the SEC, sponsors research and educational programs regarding the Commission, and strives to enhance understanding of the development of the U.S. and world capital markets. The roundtable will be open to members of the Society, all SEC staff members, the press and invited guests. For further information, please contact the Historical Society by email at c.rosati@sechistorical.org. (Press Rel. 2002-131) TWO VISITING ACADEMIC SCHOLARS APPOINTED IN OFFICE OF ECONOMIC ANALYSIS On Sept. 3, the Commission's Office of Economic Analysis announced the appointment of John Bizjak and Srinivasan Sankaraguruswamy as visiting academic scholars for a one-year term. Currently, Bizjak is a faculty member at Portland State University and Sankaraguruswamy is on the faculty at Georgetown University. Bizjak, 44, joined OEA in August 2002 as a visiting academic scholar for a one-year term while on leave from Portland State University where he holds the Cameron Professorship in Finance. He received his doctorate in finance from the Eccles School of Business at the University of Utah in 1992. His primary areas of interest are corporate finance and corporate governance. He is also active in examining issues in law and economics. Bizjak has published articles in The American Economic Review, Journal of Accounting and Economics, and The Journal of Financial and Quantitative Analysis, among others. His work has also been cited in the Wall Street Journal, The Economist, and Business Week. Sankaraguruswamy, 38, joined OEA in August 2002 as a visiting academic scholar for a one-year term. He is currently on leave from Georgetown University where he is an assistant professor of accounting. Sankaraguruswamy earned his Ph.D. in accounting from Purdue University in August 1996. His primary areas of interest are auditor independence, auditor change, and applying market microstructure to accounting issues. His research has been presented at national conferences and published in the Auditing: A Journal of Theory and Practice. At the Commission, the two academic scholars will provide the analytical and technical support necessary to help the Commission understand and evaluate the economic effects of its regulatory policy relating to accounting and auditing. As part of their duties, they will conduct independent research and analysis in areas concerning auditor independence, accounting standard setting process and their effect on the microstructure of equity markets. (Press Rel. 2002-132) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change filed by the New York Stock Exchange (SR-NYSE- 200242) extending the pilot regarding shareholder approval of stock option plans until October 30, 2002, has become 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 September 2. (Rel. 34-46437) PROPOSED RULE CHANGES Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder, the Commission hereby gives notice of a proposed rule change submitted by the Municipal Securities Rulemaking Board (SR- MSRB-2002-09) on August 19, 2002. The proposed rule change filing related to Rule G-35, on Arbitration. Publication of the proposed rule change is expected in the Federal Register during the week of September 2. (Rel. 34-46440) A proposed rule change has bee filed by the New York Stock Exchange (SRNYSE-2002-35) under Section 19(b)(1) of the Securities Exchange Act of 1934 related to member business continuity planning has been noticed under Section 19(b)(2) of the Act. Publication of the proposal is expected in the Federal Register during the week of September 2. (Rel. 34-46443) A proposed rule change filed by the National Association of Securities Dealers (SR-NASD-2002-108) under Section 19(b)(1) of the Securities Exchange Act of 1934 related to member business continuity planning has been noticed under Section 19(b)(2) of the Act. Publication of the proposal is expected in the Federal Register during the week of September 2. (Rel. 34-46444) DELISTING An order has been issued granting the application of the American Stock Exchange to strike from listings and registration the Common Stock, $.0l par value, of Integra, Inc., effective at the opening of business on September 4, 2002. (Rel. 34-46454) WITHDRAWAL A notice has been issued giving interested persons until September 24 to comment on the application of Stratus Services Group, Inc., to withdraw its Common Stock, .01 par value, from listing and registration on the Boston Stock Exchange. (Rel. 34-46453) 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-3 UNITED THERAPEUTICS CORP, 1110 SPRING ST, SILVER SPRING, MD, 20910, 3016089292 - 0 ($11,703,184.80) Equity, (File 333-99079 - Sep. 3) (BR. 01) S-8 USFREIGHTWAYS CORP, 8550 W BRYN MAWR AVE, SUITE 700, CHICAGO, IL, 60631, 8476960200 - 0 ($8,409,000.00) Equity, (File 333-99081 - Sep. 3) (BR. 05) S-8 AXA, 25 AVE MATIGNON, PARIS FRANCE, I0, 2125544489 - 8,000,000 ($119,200,000.00) Equity, (File 333-99083 - Sep. 3) (BR. 01) S-8 GSOCIETY INC, 555 NE 5TH STREET, *, MIAMI, FL, 33156, 3057626262 - 1,500,000 ($225,000.00) Equity, (File 333-99085 - Sep. 3) (BR. 02) S-8 INVESTMENT TECHNOLOGY GROUP INC, 380 MADISON AVE, 2ND FLOOR, NEW YORK, NY, 10017, 2125884000 - 99,448 ($1,599,350.00) Equity, (File 333-99087 - Sep. 3) (BR. 07) S-8 FIRST CITIZENS BANC CORP /OH, 100 EAST WATER ST, P O BOX 5016, SANDUSKY, OH, 44870, 4196254121 - 225,000 ($5,384,250.00) Equity, (File 333-99089 - Sep. 3) (BR. 07) SB-2 DALECO RESOURCES CORP, 983 OLD EAGLE SCHOOL ROAD, SUITE 615, WAYNE, PA, 19087, 6102939400 - 37,239,232 ($17,130,047.00) Equity, (File 333-99091 - Sep. 3) (BR. 04) S-8 SMARTFORCE PUBLIC LTD CO, 900 CHESAPEAKE DRIVE, REDWOOD CITY, CA, 94063, 6508176900 - 0 ($25,117,500.00) Equity, (File 333-99093 - Sep. 3) (BR. 03) S-4 NCR CORP, 1700 S PATTERSON BLVD, CORP POLICIES WHQ-3, DAYTON, OH, 45479, 9374455000 - 0 ($300,000,000.00) Debt Convertible into Equity, (File 333-99095 - Sep. 3) (BR. 03) S-8 BRASS EAGLE INC, 1201 SE 30TH ST., BENTONVILLE, AR, 72712, 479-464-8700 - 422,227 ($2,820,476.36) Equity, (File 333-99097 - Sep. 3) (BR. 02) S-8 ALTAIR NANOTECHNOLOGIES INC, 1725 SHERIDAN AVE, SUITE 140, CODY, WY, 82414, 3075878245 - 500,000 ($300,000.00) Equity, (File 333-99099 - Sep. 3) (BR. 04) SB-2 STRATABID COM INC, 1500 WEST GEORGIA STREET, STE 1400, VANCOUVER, BRITISH COLUMBIA, BRITISH COLUMBIA, A1, V6G 2Z6, 604-734-9844 - 1,004,000 ($251,000.00) Equity, (File 333-99101 - Sep. 3) (BR. ) SB-2 SOUTHWEST CHARTERS INC, 3862 RIVIERA DR. #401, SAN DIEGO, CA, 92109, 619-232-6545 - 6,220,000 ($620,000.00) Equity, (File 333-99103 - Sep. 3) (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 ---------------------------------------------------------------------------------- ABBOTT MINES LTD NV X X X 08/21/02 ACCENTURE LTD X 08/30/02 ACCENTURE SCA X 09/03/02 ADELPHIA COMMUNICATIONS CORP DE X X X 08/21/02 ADVO INC DE X X 08/29/02 AGRILINK FOODS INC NY X X 08/19/02 AK STEEL HOLDING CORP DE X X 08/30/02 AMERICAN WAGERING INC NV X 08/28/02 AMERIQUEST MORTGAGE SECURITIES INC DE X 09/03/02 AMERIQUEST MORTGAGE SECURITIES INC DE X X 09/03/02 ANTHEM INC IN X 09/03/02 AQUILA INC DE X X 09/03/02 ARAHOVA COMMUNICATIONS INC DE X X X 08/21/02 ATWOOD OCEANICS INC TX X X 09/03/02 BALL CORP IN X 09/03/02 BANK OF AMERICA MORT SEC INC MORT PAS DE X X 08/22/02 BANK UNITED CORP LITIGATION CONTINGEN DE X 08/28/02 BANKNORTH GROUP INC/ME ME X X 08/13/02 BEYOND COM CORP DE X X 08/19/02 BIG BUCK BREWERY & STEAKHOUSE INC MI X X 08/30/02 BLACKHAWK BANCORP INC WI X X 08/28/02 BNS CO DE X X 08/20/02 BRIGHTPOINT INC DE X X 08/30/02 C & F FINANCIAL CORP VA X 09/03/02 CAPRIUS INC DE X X 08/30/02 CATO CORP DE X X 09/03/02 CENTERPOINT ENERGY HOUSTON ELECTRIC L TX X X 08/31/02 CENTERPOINT ENERGY INC X X 08/31/02 CFS BANCORP INC DE X X 08/27/02 CHELSEA PROPERTY GROUP INC MD X X 08/20/02 CHESAPEAKE ENERGY CORP OK X 09/03/02 CHEVRONTEXACO CORP DE X X 09/02/02 CIGNA CORP DE X X 09/03/02 CLUBCORP INC DE X X X 08/20/02 COMPUTER ACCESS TECHNOLOGY CORP DE X X 09/03/02 CORE MOLDING TECHNOLOGIES INC DE X 09/03/02 CORMAX BUSINESS SOLUTIONS INC UT X X X 09/03/02 CORPORATE BOND BACKED CERT TR SER 199 X X 09/03/02 COX COMMUNICATIONS INC /DE/ DE X X 08/16/02 CROSS COUNTRY INC DE X X 08/30/02 CYBERLUX CORP NV X X 08/29/02 DEERE & CO DE X 09/03/02 DEERE & CO DE X 09/03/02 AMEND DISCOVER CARD MASTER TRUST I DE X 08/31/02 EDT LEARNING INC DE X 09/03/02 EMAGIN CORP NV X X 08/21/02 EMULEX CORP /DE/ DE X X 08/30/02 ESG RE LTD X X 08/03/02 EXELON CORP PA X 09/03/02 FAIRMOUNT CHEMICAL CO INC NJ X 08/27/02 FAYBER GROUP INC NV X 08/29/02 FOG CUTTER CAPITAL GROUP INC MD X X 08/30/02 FREEDOM TAX CREDIT PLUS LP DE X 08/28/02 FREEPORT MCMORAN COPPER & GOLD INC DE X 08/31/02 FREQUENCY ELECTRONICS INC DE X 08/22/02 FRONTIERVISION HOLDINGS CAPITAL CORP DE X X X 08/21/02 FRONTIERVISION OPERATING PARTNERS LP DE X X X 08/21/02 GALA HOSPITALITY CORP FL X X 08/26/02 GENERAL DYNAMICS CORP DE X X 08/30/02 GENESIS MICROCHIP INC /DE DE X X 08/26/02 GIGA INFORMATION GROUP INC DE X 08/30/02 GOTTSCHALKS INC DE X 08/29/02 GREENVOLT POWER CORP X X X 08/28/02 HALLWOOD GROUP INC DE X 08/29/02 HALLWOOD REALTY PARTNERS L P DE X 08/29/02 HARRIS CORP /DE/ DE X X 09/03/02 HARRODSBURG FIRST FINANCIAL BANCORP I DE X X 08/26/02 HARTFORD FINANCIAL SERVICES GROUP INC DE X 09/03/02 IDACORP INC ID X 08/29/02 INTEGRAL SYSTEMS INC /MD/ MD X X 09/03/02 INVESTMENT TECHNOLOGY GROUP INC DE X X 09/03/02 JUBILEE ACQUISITION CORP DE X X X X 08/30/02 KING POWER INTERNATIONAL GROUP CO LTD NV X X 08/30/02 LENNOX INTERNATIONAL INC DE X 09/03/02 LOCATEPLUS HOLDINGS CORP X X 08/30/02 LOGIC DEVICES INC CA X 09/03/02 MALAHAT ENERGY CORP X X 08/29/02 MASTR ADJUSTABLE RATE MORTGAGE TRUST X X 08/25/02 MIRAVANT MEDICAL TECHNOLOGIES DE X 08/29/02 MISSISSIPPI VALLEY BANCSHARES INC MO X X 09/03/02 MTS INC CA X X 09/03/02 NCO GROUP INC PA X X 08/19/02 NETMANAGE INC DE X X 08/21/02 NEXPRISE INC DE X X 08/30/02 NOVASTAR MORTGAGE FUNDING CORP DE X X 09/03/02 OCEANEERING INTERNATIONAL INC DE X 09/03/02 OLYMPUS CAPITAL CORP DE X X X 08/21/02 OWENS ILLINOIS INC /DE/ DE X 09/03/02 PEREGRINE SYSTEMS INC DE X X 08/29/02 PG&E CORP CA X X 08/30/02 PHOENIX INTERNATIONAL INDUSTRIES INC FL X 08/07/02 AMEND PIPELINE DATA INC X X 06/30/02 PORTLAND GENERAL ELECTRIC CO /OR/ OR X 08/27/02 PRO FAC COOPERATIVE INC NY X X 08/19/02 PROSPERITY BANCSHARES INC TX X X 09/03/02 PSS WORLD MEDICAL INC FL X X 08/29/02 RECOTON CORP NY X X 08/30/02 RELIANT ENERGY RESOURCES CORP DE X X 08/31/02 RICHARDSON ELECTRONICS LTD/DE DE X 05/31/03 RYERSON TULL INC /DE/ DE X X 09/03/02 SCB COMPUTER TECHNOLOGY INC TN X 08/30/02 SCHLOTZSKYS INC TX X 08/30/02 SERVICE MERCHANDISE CO INC TN X X 07/01/02 SONEX RESEARCH INC MD X 09/03/02 STATEFED FINANCIAL CORP DE X X 08/29/02 STATEFED FINANCIAL CORP DE X X 08/21/02 AMEND SYNAVANT INC DE X X 08/22/02 TANGENT SOLUTIONS INC DE X X 08/28/02 TELLIUM INC DE X X 09/03/02 TEPPCO PARTNERS LP DE X X 09/03/02 TESORO PETROLEUM CORP /NEW/ DE X X 08/26/02 TIDEL TECHNOLOGIES INC DE X X 09/03/02 TRANSOCEAN INC E9 X 09/03/02 TRW INC OH X 06/18/02 UNIVERSAL CORP /VA/ VA X 09/03/02 URBAN TELEVISION NETWORK CORP NV X 09/03/02 VALUEVISION MEDIA INC MN X X 08/30/02 VCA ANTECH INC DE X X 08/30/02 VIASYSTEMS GROUP INC DE X X 08/29/02 VIASYSTEMS INC DE X X 08/29/02 VISIONS IN GLASS INC X X X 08/26/02 VISTA GOLD CORP X 09/03/02 VSOURCE INC DE X X 08/15/02 WESTAFF INC DE X 09/03/02 WORLD HEALTH ALTERNATIVES INC FL X 09/03/02 ZENITH NATIONAL INSURANCE CORP DE X X 08/23/02