SEC NEWS DIGEST Issue 2005-26 February 9, 2005 ENFORCEMENT PROCEEDINGS COMMISSION BARS UNREGISTERED BROKER FROM ASSOCIATING WITH A BROKER OR DEALER On Jan. 19, 2005, the U.S. District Court for the Central District of California entered a final judgment against Harold Miller, one of four defendants in a “prime-bank” securities fraud case. The Commission’s complaint, which was filed in June 2003, alleges, among other things, that Miller, two other individuals and an offshore corporation promoted a fraudulent investment scheme through which they defrauded investors of approximately $6 million. The Commission alleged that Miller, through a network of brokers, misrepresented to investors that their funds would be used to trade Medium Term Notes (MTNs) on a secret market, and that MTN trading would yield returns averaging 100 percent per week. The complaint further alleged that Miller and the other individual defendants were not registered to sell securities during the period of the fraud. For more information see SEC v. Mary Patten, et al., Civil Action No. EDCV 03-8619 DSF (JTLx) C.D. Cal., LR-18179, June 6, 2003. Without admitting or denying the allegations of the Commission’s complaint, Miller consented to the entry of the final judgment permanently enjoining him from violating the registration and antifraud provisions of the federal securities laws (Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 (Exchange Act), and Rule 10b-5 thereunder). Pursuant to the final judgment, Miller will pay $1.00 in disgorgement and civil penalties of $39,999. Based on the entry of the final judgment, the Commission has instituted a follow-on administrative proceeding against Miller under Exchange Act Section 15(b), barring him from associating with a broker or dealer. On February 8, Miller consented to the institution of the administrative proceeding without admitting or denying the Commission’s findings, other than to admit to the entry of the final judgment in the civil action permanently enjoining him from future violations of the federal securities laws. The civil action is currently pending against defendants Mary Patten and Valenvalls Investment Corporation. The Court entered a final judgment against defendant Scott Hamilton in November 2004 and the Commission instituted a follow-on administrative proceeding under Exchange Act Section 15(b) against him in December 2004 barring him from associating with a broker or dealer. Hamilton consented to the entry of the final judgment and the institution of the administrative proceeding without admitting or denying the Commission’s allegations. (Rel. 34-51151; File No. 3-11811) IN THE MATTER OF JAMES PATTEN On February 8, the Commission instituted public administrative proceedings against James T. Patten (Patten) pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Exchange Act). In the Order Instituting Administrative and Cease-and-Desist Proceedings (Order), the Division of Enforcement alleges that Patten, the President and founder of Greater Metropolitan Investment Services, Inc., willfully violated and caused violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and caused and willfully aided and abetted violations of Section 10(b) and Rule 10b-5 by manipulating the closing bid price of the common stock of Initio, Inc., a publicly-traded company headquartered in New Jersey during the relevant period. A hearing will be held before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Patten an opportunity to dispute the allegations and to determine what, if any, remedial sanctions are appropriate and in the public interest. The Commission directed that an administrative law judge shall issue an initial decision within 300 days from the date of service of the Order. (Rel. 34- 51161; File No. 3-11812) PETER MARTIN, FORMER EXECUTIVE OF COLUMBIA DISTRIBUTOR, SETTLES CHARGES RELATING TO MARKET TIMING ABUSES On February 9, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933, Section 15(b) of the Securities Exchange Act of 1934, Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 and Sections 9(b) and 9(f) of the Investment Company Act of 1940 (Order) against Peter Martin. Martin is the former National Sales Manager of the Independent Advisor Division of Columbia Funds Distributor, Inc. (Columbia Distributor), the principal underwriter and distributor for the Columbia mutual fund complex (Columbia funds), which was advised by Columbia Management Advisors, Inc. (Columbia Advisors). Columbia Distributor and Columbia Advisors were subsidiaries of FleetBoston Financial Corporation prior to its acquisition by Bank of America Corporation. The Order finds that from at least 1998 through October 2003, Martin, on behalf of Columbia Distributor, negotiated or approved arrangements with certain select investors allowing them to engage in frequent short-term trading in Columbia funds without disclosing this fact to fund shareholders or to fund trustees. Many of these arrangements and the trades made pursuant to them were directly contrary to representations made in fund prospectuses that the funds did not permit short-term or excessive trading. These arrangements financially benefited Columbia Advisors and Columbia Distributor but were detrimental to the funds’ long-term shareholders. By entering into these arrangements, Columbia Advisors breached its fiduciary duty to the funds. Through his actions, Martin willfully violated Sections 17(a)(2) and 17(a)(3) of the Securities Act, and he willfully aided and abetted and caused Columbia Advisors’ violations of Section 206(2) of the Investment Advisers Act and Section 34(b) of the Investment Company Act. Based on the above, the Commission ordered Martin to cease and desist from committing or causing any violations or any future violations of Sections 17(a)(2) and 17(a)(3) of the Securities Act, Section 206(2) of the Investment Advisers Act and Section 34(b) of the Investment Company Act, and prohibited him from associating with a broker, dealer, investment adviser, or investment company for a period of twelve months. The Order also required Martin to pay a civil penalty in the amount of $50,000 and disgorgement in the amount of $10,000. Martin consented to the issuance of the Order without admitting or denying any of the findings. In related matters, the Commission also instituted and simultaneously settled administrative and cease-and-desist proceedings against Columbia Advisors and Columbia Distributor, former executive Joseph Palombo, and former portfolio manager Erik Gustafson. The Commission filed a civil injunctive action against Columbia Advisors and Columbia Distributor on Feb. 24, 2004 and against former executives James Tambone and Robert Hussey on Feb. 9, 2005. (Rels. 33-8537; 34-51166; IA-2353; IC-26754; File No. 3-11816; Press Rel. 2005-15) SEC INSTITUTES ADMINISTRATIVE PROCEEDINGS AGAINST MARKETXT, INC. AND IRFAN AMANAT Today, the Commission instituted public administrative proceedings against MarketXT, Inc. (MarketXT), an Electronic Communications Network (ECN) registered as a broker-dealer, and public administrative and cease- and-desist proceedings against Irfan Amanat (Amanat), MarketXT’s de facto Chief Technology Officer. In the Order, the Division of Enforcement alleges that Amanat executed thousands of wash trades and matched orders over a three-day period in March 2002 in order improperly to qualify MarketXT for a tape revenue rebate program offered by the NASDAQ Stock Market, Inc. (Nasdaq). In an effort to compete with other market centers for market-data fees, Nasdaq rebated a portion of the revenue it received for trades that it reported in NYSE- and Amex-listed securities to qualifying NASD members. MarketXT’s wash trades and matched orders did not reflect market supply and demand, but were generated solely for the purpose of qualifying for the rebate. As a result of Amanat and MarketXT’s fraudulent conduct, MarketXT improperly received approximately $50,000 in rebates from Nasdaq. In the Order, the Division also alleges that for the year ended Dec. 31, 2001, and quarter ended June 30, 2002, MarketXT was operating without adequate net capital and did not maintain and preserve accurate books and records disclosing its true liabilities. As a result of executing the fraudulent wash trades and matched orders, the Division alleges that MarketXT willfully violated Sections 10(b) and 15(c)(1)(A) of the Exchange Act, and Rule 10b-5 thereunder. The Division also alleges that Amanat willfully violated Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, and willfully aided and abetted MarketXT’s violation of Section 15(c)(1)(A) of the Exchange Act. The Division further alleges that MarketXT willfully violated Sections 15(c)(3) and 17(a)(1) of the Exchange Act, and Rules 15c3-1, 17a- 3(a)(2), 17a-3(a)(11), and 17a-5 by failing to maintain adequate net capital and by failing to maintain and preserve adequate books and records. The Division seeks disgorgement plus prejudgment interest and a civil penalty against MarketXT, and a cease-and-desist order and civil penalty against Amanat, in addition to any remedial sanctions appropriate in the public interest. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, and to afford MarketXT and Amanat an opportunity to establish defenses to such allegations, and to determine what remedial sanctions, if any, are appropriate in the public interest. The Commission directed that an administrative law judge shall issue an initial decision in this matter within 300 days from the date of service of the Order. (Rel. 33-8533; 34-51162; IA-2350; File No. 3-11813; Press Rel. 2005-14) SEC ISSUES REPORT OF INVESTIGATION REGARDING NASDAQ, AS OVERSEEN BY ITS PARENT, NASD Today, the Commission issued a Report of Investigation concerning Nasdaq, as overseen by its parent, the NASD, in connection with an investigation into wash trades and net capital violations by MarketXT, an NASD member firm. The Report finds that Nasdaq employees observed suspicious trading by MarketXT and did not communicate their observations to NASD Regulation, Inc. The Report emphasizes the fundamental premise that SROs must vigorously discharge their regulatory responsibilities, and must take particular care when market and regulatory functions are delegated to separate entities. In response to the Commission’s investigation and the inspection from which it stemmed, NASD and Nasdaq have implemented a number of remedial steps, all designed to strengthen the self-regulatory oversight of their market. NASD and Nasdaq have consented to the issuance of the report, but neither admit nor deny the findings or conclusions therein. (Rel. 34- 51163; Press Rel. 2005-14) COLUMBIA ADVISORS AND COLUMBIA DISTRIBUTOR SETTLE CHARGES RELATING TO MARKET TIMING ABUSES On February 9, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933, Section 15(b) and 21C of the Securities Exchange Act of 1934, Sections 203(e) and 203(k) of the Investment Advisers Act of 1940 and Sections 9(b) and 9(f) of the Investment Company Act of 1940 (Order) against Columbia Management Advisors, Inc. and Columbia Funds Distributor, Inc. Columbia Management Advisors, Inc. (Columbia Advisors) was the investment adviser to the Columbia complex of mutual funds (Columbia funds). Columbia Funds Distributor, Inc. (Columbia Distributor) was the principal underwriter and distributor for the Columbia funds. Columbia Distributor and Columbia Advisors were subsidiaries of FleetBoston Financial Corporation prior to its acquisition by Bank of America Corporation. The Order finds that from at least 1998 through October 2003, Columbia Advisors and Columbia Distributor entered into arrangements allowing certain preferred customers to engage in short-term or excessive trading, contrary to the restrictions and/or representations set forth in the Columbia funds’ prospectuses, that benefited Columbia Advisors and Columbia Distributor but was detrimental to the funds’ long-term shareholders without disclosing these trading arrangements to fund shareholders or to fund trustees. By entering into these arrangements, Columbia Advisors breached its fiduciary duty to the funds. Through its actions, Columbia Advisors willfully violated Sections 204A, 206(1) and 206(2) of the Investment Advisers Act and Sections 17(d) and 34(b) of the Investment Company Act and Rule 17d-1 thereunder. Through its actions, Columbia Distributor willfully violated Section 17(a) of the Securities Act, Sections 10(b) and 15(c) of the Securities Exchange Act and Rule 10b-5 thereunder, and Section 17(d) of the Investment Company Act and Rule 17d-1 thereunder, and aided and abetted or caused Columbia Advisors’ violations of Section 206(1) and 206(2) of the Investment Advisers Act and Section 34(b) of the Investment Company Act. Based on the above, the Commission ordered Columbia Advisors and Columbia Distributor to cease and desist from committing or causing any violations or any future violations of Sections 206(1) and 206(2) of the Investment Advisers Act and Sections 17(d) and 34(b) of the Investment Company Act and Rule 17d-1 thereunder; ordered Columbia Advisors also to cease and desist from committing or causing any violations or any future violations of Section 204A of the Investment Advisers Act; and ordered Columbia Distributor also to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Sections 10(b) and 15(c) of the Securities Exchange Act and Rule 10b-5 thereunder. The Order also required Columbia Advisors and Columbia Distributor to pay, on a joint and several basis, a civil penalty in the amount of $70,000,000 and disgorgement in the amount of $70,000,000. Columbia Advisors and Columbia Distributor consented to the issuance of the Order without admitting or denying any of the findings. In related matters, the Commission also instituted and simultaneously settled administrative and cease-and-desist proceedings against former executives Joseph Palombo and Peter Martin and former portfolio manager Erik Gustafson. The Commission filed a civil injunctive action against Columbia Advisors and Columbia Distributor on Feb. 24, 2004, and against former executives James Tambone and Robert Hussey on Feb. 9, 2005. (Rels. 33-8534; 34-51164; IA-2531; IC-26752; File No. 3-11814; Press Rel. 2005-15) ERIK GUSTAFSON, FORMER PORTFOLIO MANAGER AT COLUMBIA ADVISORS, SETTLES CHARGES RELATING TO MARKET TIMING ABUSES On February 9, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 and Section 9(b) of the Investment Company Act of 1940 (Order) against Erik Gustafson. Gustafson was the former portfolio manager of the Growth Stock and the Young Investor funds, part of the Columbia mutual fund complex (Columbia funds) advised by Columbia Management Advisors, Inc. (Columbia Advisors) and distributed by Columbia Funds Distributor, Inc. (Columbia Distributor). Columbia Distributor and Columbia Advisors were subsidiaries of FleetBoston Financial Corporation prior to its acquisition by Bank of America Corporation. The Order finds that from at least 1998 until Summer 2003, Gustafson approved arrangements with certain select investors allowing them to engage in frequent trading in the mutual funds for which he served as portfolio manager. A significant portion of this trading was inconsistent with the prospectus disclosure for the funds in which it occurred. These arrangements financially benefited Columbia Advisors and Columbia Distributor but were detrimental to the funds’ long-term shareholders. By entering into these arrangements, Columbia Advisors breached its fiduciary duty to the funds. Through his actions, Gustafson willfully aided and abetted and caused Columbia Advisors’ violations of Sections 206(1) and 206(2) of the Investment Advisers Act. Based on the above, the Commission ordered Gustafson to cease and desist from committing or causing any violations or any future violations of Sections 206(1) and 206(2) of the Investment Advisers Act, and prohibited him from associating with an investment adviser or investment company for a period of twelve months. The Order also required Gustafson to pay a civil penalty in the amount of $100,000. Gustafson consented to the issuance of the Order without admitting or denying any of the findings. In related matters, the Commission also instituted and simultaneously settled administrative and cease-and-desist proceedings against Columbia Advisors and Columbia Distributor, and former executives Joseph Palombo and Peter Martin. The Commission filed a civil injunctive action against Columbia Advisors and Columbia Distributor on Feb. 24, 2004 and against former executives James Tambone and Robert Hussey on Feb. 9, 2005. (Rel. IA-2354; -26755; File No. 3-11817; Press Rel. 2005-15) IN THE MATTER OF BANC OF AMERICA CAPITAL MANAGEMENT, LLC, BACAP DISTRIBUTORS, LLC, AND BANC OF AMERICA SECURITIES, LLC. On February 9, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933, Sections 15(b) and Section 21C of the Securities Exchange Act of 1934, Sections 203(e) and 203(k) of the Investment Advisers Act of 1940 and Sections 9(b) and 9(f) of the Investment Company Act of 1940 (Order) against Banc of America Capital Management, LLC (BACAP), BACAP Distributors, LLC (BACAP Distributors), and Banc of America Securities, LLC (BAS). The Order finds that BACAP and BACAP Distributors entered into market timing arrangements with two entities, allowing them to engage in frequent short-term trading in mutual funds affiliated with BACAP and BACAP Distributors. The prospectuses for these mutual funds gave the misleading impression that BACAP and BACAP Distributors sought to prevent market timing in these mutual funds. Moreover, one of these clients was exempted from a redemption fee on short-term trades in international equity mutual funds affiliated with BACAP and BACAP Distributors. BACAP and BACAP Distributors did not disclose the existence of this approved timing relationship, or the fact that this client was being exempted from the redemption fee, in prospectuses and proxy statements issued to shareholders and potential shareholders The Order also finds that BAS facilitated market timing and late trading by some introducing broker dealers and a hedge fund at the expense of shareholders of affiliated funds and other mutual fund families. Using BAS’s “Special Mutual Fund Order Entry System,” these entities could and did enter mutual fund trade orders as late as 7:00 p.m. ET. BAS either knew or recklessly disregarded that these entities were engaged in late trading through this system. BAS also provided its introducing broker dealer clients with account management tools and other assistance that enabled the introducing broker dealers to conceal the market timing activities of their clients from unsuspecting mutual funds. BAS thus facilitated the submission of hundreds of market timing trades by these broker dealers after the mutual funds in question had acted to block these entities from further trading. The Order further finds that: (1) BACAP willfully violated Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 (Advisers Act), Sections 17(d), 20(a), and 34(b) of the Investment Company Act of 1940 (Investment Company Act) and Rules 17d-1 and 20a-1 thereunder; (2) BACAP Distributors willfully violated Section 17(d) of the Investment Company Act and Rule 17d-1 thereunder, Section 17(a) of the Securities Act of 1933 (Securities Act), and Sections 10(b) and 15(c) of the Exchange Act of 1934 (Exchange Act) and Rules 10b-5 and 15c1-2 thereunder; (3) BACAP Distributors willfully aided and abetted and caused BACAP’s violations of Sections 206(1) and 206(2) of the Advisers Act, and Section 34(b) of the Investment Company Act; (4) BAS willfully violated Section 17(a) of the Securities Act, Sections 10(b), 15(c) and 17(a) of the Exchange Act and Rules 10b-5, 15c1-2, 17a-3, and 17a-4 thereunder, and Rule 22c-1 as adopted under Section 22(c) of the Investment Company Act; (5) BAS willfully aided and abetted and caused BACAP’s violations of Sections 206(1) and 206(2) of the Advisers Act and Section 34(b) of the Investment Company Act; and (6) BAS willfully aided and abetted and caused certain introducing broker dealers’ violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Based on the above, the Order: (1) censures BACAP, BACAP Distributors, and BAS; (2) requires BACAP to cease and desist from committing or causing any violations and any future violations of Sections 206(1) and 206(2) of the Advisers Act, Sections 17(d), 20(a) and 34(b) of the Investment Company Act and Rules 17d-1 and 20a-1 thereunder; (3) requires BACAP Distributors to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, Sections 10(b) and 15(c) of the Exchange Act and Rules 10b-5 and 15c1-2 thereunder and Section 17(d) of the Investment Company Act and Rule 17d-1 thereunder, and from causing any violations and any future violations of Section 34(b) of the Investment Company Act and Sections 206(1) and 206(2) of the Advisers Act; (4) requires BAS to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, Sections 10(b), 15(c) and 17(a) of the Exchange Act and Rules 10b-5, 15c1-2, 17a- 3 and 17a-4 thereunder and Rule 22c-1 as adopted under Section 22(c) of the Investment Company Act, and from causing any violations and any future violations of Section 34(b) of the Investment Company Act and Sections 206(1) and 206(2) of the Advisers Act; (5) requires BACAP, BACAP Distributors, and BAS to pay, on a joint and several basis, $250,000,000 in disgorgement and $125,000,000 in civil penalties; and (6) requires BACAP, BACAP Distributors and BAS to comply with significant remedial undertakings. BACAP, BACAP Distributors, and BAS consented to the issuance of the Order without admitting or denying the findings therein. (Rel. 33-8538; 34-51167; IA-2355; IC-26756; File No. 3-11818; Press Rel. 2005-16) JOSEPH PALOMBO, FORMER TRUSTEE OF NUMEROUS COLUMBIA FUNDS, AND FORMER OFFICER OR DIRECTOR OF SEVERAL AFFILIATED ENTITIES, SETTLES CHARGES RELATING TO MARKET TIMING ABUSES On February 9, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 and Sections 9(b) and 9(f) of the Investment Company Act of 1940 (Order) against Joseph Palombo. Palombo is the former Chief Operating Officer and a former director of Columbia Management Advisors, Inc. (Columbia Advisors), the registered investment adviser to the Columbia mutual fund complex (Columbia funds). He was also a former director of Columbia Funds Distributor, Inc. (Columbia Distributor), the principal underwriter and distributor for the Columbia funds, and he served as president of Columbia Funds Services, Inc., the transfer agent for the Columbia funds, which was responsible for detecting and halting market timing in the funds. These entities were subsidiaries of FleetBoston Financial Corporation prior to its acquisition by Bank of America Corporation. The Order finds that from at least 1998 through October 2003, Palombo ignored red flags reflecting certain arrangements entered into between Columbia Advisors and Columbia Distributor and certain select investors allowing them to engage in short-term or excessive trading without disclosing this fact to fund shareholders or to fund trustees. Many of these arrangements and the trades made pursuant to them were directly contrary to representations made in fund prospectuses that the funds did not permit short-term or excessive trading. These arrangements financially benefited Columbia Advisors and Columbia Distributor but were detrimental to the funds’ long-term shareholders. By entering into these arrangements, Columbia Advisors breached its fiduciary duty to the funds. Through his actions, Palombo willfully aided and abetted and caused Columbia Advisors’ violations of Section 206(2) of the Investment Advisers Act and Section 34(b) of the Investment Company Act. Based on the above, the Commission ordered Palombo to cease and desist from committing or causing any violations or any future violations of Section 206(2) of the Investment Advisers Act and Section 34(b) of the Investment Company Act, prohibited him from serving as an officer or director of an investment company, prohibited him from associating with an investment company or an investment adviser for a period of six months, and prohibited him from serving as an officer or director of an investment adviser for a period of twelve months following the six-month suspension. The Order also required Palombo to pay a civil penalty in the amount of $100,000. Palombo consented to the issuance of the Order without admitting or denying any of the findings. In related matters, the Commission also instituted and simultaneously settled administrative and cease-and-desist proceedings against Columbia Advisors and Columbia Distributor, and their former employees Erik Gustafson and Peter Martin. The Commission filed a civil injunctive action against Columbia Advisors and Columbia Distributor on Feb. 24, 2004 and against former executives James Tambone and Robert Hussey on Feb. 9, 2005. (Rel. IA-2352; IC-26753; File No. 3-11815; Press Rel. 2005-15) SEC CHARGES TWO FORMER COLUMBIA EXECUTIVES WITH FRAUD FOR CONDUCT RELATING TO MUTUAL FUND MARKET TIMING ARRANGEMENTS The Commission filed a civil fraud action today in federal court in Boston against two former executives of Columbia Funds Distributor Inc. in connection with undisclosed market timing arrangements in the Columbia complex of mutual funds. In its complaint, the Commission alleges that James Tambone of Wellesley, Massachusetts, the former president of Columbia Funds Distributor, and Robert Hussey of Bedford, Massachusetts, a former senior sales executive, entered into or approved undisclosed timing arrangements with multiple investors that benefited the executives but were detrimental to long-term fund shareholders. According to the Commission’s complaint, from at least 1998 through 2003, Tambone and Hussey secretly entered or approved arrangements with at least eight investors allowing them to engage in frequent short-term trading in at least six Columbia funds. According to the complaint, after entering into these arrangements, the eight investors engaged in frequent short-term or excessive trading in at least sixteen different Columbia mutual funds. The Commission’s complaint alleges that Tambone and Hussey acted improperly in entering and accepting the short-term trading arrangements, because the arrangements were never disclosed to long-term fund shareholders or the independent trustees of the funds and in most instances were directly contrary to the disclosures made in the prospectuses used to sell the mutual funds. The Commission’s complaint further alleges that Tambone and Hussey aided and abetted violations by the funds’ adviser, Columbia Management Advisors, Inc., which breached its duty to act at all times in the best interests of the Columbia mutual funds and to provide full and fair disclosure of all material facts to investors. Columbia Management Advisors is a registered investment adviser that manages Columbia mutual funds. Columbia Funds Distributor is a registered broker-dealer that is the principal underwriter and entity responsible for selling the funds. During the relevant period, both were subsidiaries of FleetBoston Financial Corporation. The specific charges against the defendants in the federal court action are that they violated Section 17(a) of the Securities Act of 1933, Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, and aided and abetted Columbia’ Distributor’s violations of Section 15(c)(1) of the Exchange Act and Columbia Management Advisors’ violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The Commission is seeking injunctive relief, disgorgement and civil penalties. [SEC v. James Tambone and Robert Hussey, Civil Action No. 05- 10247-NMG, District of Massachusetts] (LR-19069; Press Rel. 2005-15) INVESTMENT COMPANY ACT RELEASES WACHOVIA CORPORATION, ET AL. The Commission has issued an order to Wachovia Corporation, et al. under Section 9(c) of the Investment Company Act exempting applicants from Section 9(a) of the Act with respect to a securities-related injunction issued by the U.S. District Court for the District of Columbia on or about Nov. 12, 2004. (Rel. IC-26750 - February 8) MBIA GLOBAL FUND, LLC A notice has been issued giving interested persons until March 7, 2005, to request a hearing on an application filed by MBIA Global Funding, LLC for an order under Section 6(c) of the Investment Company Act for an exemption from all provisions of the Act. The order would permit applicant to sell debt securities and non-voting preferred stock and use the proceeds to finance the business operations of its parent company and certain companies controlled by the parent company. (Rel. IC-26751 - February 8) STANDARDS SETTING BOARDS APPROVAL OF PROPOSED RULE The Commission approved a proposed rule (PCAOB-2004-02) submitted by the Public Company Accounting Oversight Board to amend its bylaws to clarify existing provisions and to address certain internal operational and administrative matters. Publication of the approval order is expected in the Federal Register during the week of February 14. (Rel. 34-51155) SELF-REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-Phlx-2004-84) submitted by the Philadelphia Stock Exchange to eliminate the Public Order Exposure System functionality from Phlx Rule 229. Publication of the order in the Federal Register is expected during the week of February 14. (Rel. 34-51144) The Commission approved a proposed rule change (SR-CBOE-2004-67) and Amendment No. 1 thereto submitted by the Chicago Board Options Exchange relating to split price priority. Publication of the order in the Federal Register is expected during the week of February 14. (Rel. 34- 51148) The Commission approved a proposed rule change (SR-CHX-2004-26) and Amendment No. 1 and granted accelerated approval to Amendment No. 3 to the proposal submitted by the Chicago Stock Exchange that provides for the demutualization of CHX. Publication of the notice is expected in the Federal Register during the week of February 7. (Rel. 34-51149) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-PCX-2005-02) filed by the Pacific Exchange relating to Market Maker Cleanup Order administrative change 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 February 7. (Rel. 34-51145) A proposed rule change filed by the Chicago Board Options Exchange to permit a decrease of the Designated Primary Market-Maker participation entitlement for certain option classes (SR-CBOE-2005-15) 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 February 7. (Rel. 34-51147) A proposed rule change (SR-Amex-2005-017) filed by the American Stock Exchange to extend the temporary suspension of the specialist’s and registered traders’ transaction charges for the trading of Nasdaq-100 Index Tracking Stock® 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 February 14. (Rel. 34-51150) The Stock Clearing Corporation of Philadelphia filed a proposed rule change (SR-SCCP-2005-01) under Section 19(b)(1) of the Securities Exchange Act, which proposed rule change was effective upon filing, to extend a fee waiver for electronic communications networks. Publication of the proposal is expected in the Federal Register during the week of February 14. (Rel. 34-51153) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-Amex-2005-016) submitted by the American Stock Exchange relating to the extension of the suspension of customer transaction charges for the trading of Nasdaq-100 Index Tracking Stock®. Publication of the proposal is expected in the Federal Register during the week of February 7. (Rel. 34-51152) WITHDRAWALS GRANTED An order has been issued granting the application of Southern California Edison Company to withdraw its cumulative preferred stock, 4.08% series, 4.24% series, 4.32% series, and 4.78% series, $25 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on February 9. (Rel. 34-51157) An order has been issued granting the application of Edison International to withdraw its common stock, no par value, and rights to purchase series A junior participating cumulative preferred stock, no par value, from listing and registration on the Pacific Exchange, effective at the opening of business on February 9. (Rel. 34-51158) An order has been issued granting the application of Corautus Genetics Inc. to withdraw its common stock, $.001 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on February 9. (Rel. 34-51159) DELISTING GRANTED An order has been issued granting the application of the American Stock Exchange to strike from listing and registration the common stock, $.10 par value, of Diversified Corporate Resources, Inc., effective at the opening of business on February 9. (Rel. 34-51160) 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 NEXIA HOLDINGS INC, 59 WEST 100 SOUTH, SALT LAKE CITY, UT, 84101, 8015758073 - 0 ($200,000.00) Equity, (File 333-122618 - Feb. 8) (BR. 09) S-1 Medical Device Manufacturing, Inc., 200 W. 7TH AVENUE, COLLEGEVILLE, PA, 19426, (610) 409-2225 - 0 ($1.00) Other, (File 333-122619 - Feb. 8) (BR. 36) SB-2 WIRELESS AGE COMMUNICATIONS INC, 1150 ROSE STREET, REGINA, REGINA, A9, S49 1Z6, (306) 539-1666 - 2,833,898 ($2,352,135.00) Equity, (File 333-122620 - Feb. 8) (BR. 02) S-8 UC Hub Group Inc, 10390 COMMERCE CENTER DRIVE, SUITE 250, RANCHO CUCAMONGA, CA, 91730, 800-425-5266 - 7,000,000 ($2,380,000.00) Equity, (File 333-122621 - Feb. 8) (BR. 37) SB-2 DAHUA INC, 80 WALL STREET, SUITE 818, NEW YORK, NY, 10005, 2128091200 - 7,548,000 ($377,400.00) Equity, (File 333-122622 - Feb. 8) (BR. 09) F-6 AIXTRON AG, KACKERTSTR 15-17, AACHEN GERMANY, I9, 0 ($2,500,000.00) ADRs/ADSs, (File 333-122623 - Feb. 8) (BR. ) SB-2 IMCOR PHARMACEUTICAL CO, 6175 LUSK BOULEVARD, SAN DIEGO, CA, 92121, 858 410-5601 - 48,969,172 ($4,896,917.20) Equity, (File 333-122625 - Feb. 8) (BR. 01) S-8 HIRSCH INTERNATIONAL CORP, 200 WIRELESS BOULEVARD, HAPPAUGE, NY, 11788, 5164367100 - 750,000 ($823,200.00) Equity, (File 333-122627 - Feb. 8) (BR. 06) S-8 COORS ADOLPH CO, P.O. BOX 4030, MAIL #NH375, GOLDEN, CO, 80401, 3032773271 - 0 ($101,407,302.00) Equity, (File 333-122628 - Feb. 8) (BR. 02) S-8 VERIDIUM CORP, 4,000,000 ($400,000.00) Equity, (File 333-122629 - Feb. 8) (BR. 06) S-3 BOOKHAM, INC., 2584 JUNCTION AVENUE, SAN JOSE, CA, 95134, (408) 919-1500 - 0 ($23,704,480.00) Equity, (File 333-122630 - Feb. 8) (BR. 36) S-8 EMC CORP, 176 SOUTH STREET, HOPKINTON, MA, 01748-9103, 5084351000 - 3,937,600 ($49,869,703.99) Equity, (File 333-122631 - Feb. 8) (BR. 03) SB-2 CAMINOSOFT CORP, 600 HAMPSHIRE ROAD, SUITE #105, WESTLAKE VILLAGE, CA, 91361, 8053703100 - 17,960,204 ($10,057,715.00) Equity, (File 333-122632 - Feb. 8) (BR. 03) SB-2 MDU COMMUNICATIONS INTERNATIONAL INC, 60 COMMERCE WAY, UNIT D, TOTOWA, NJ, 07512, 9732379499 - 0 ($26,194,061.00) Equity, (File 333-122633 - Feb. 8) (BR. 37) S-3 SFBC INTERNATIONAL INC, 11190 BISCAYNE BLVD, MAIMI, FL, 33181, 3058950304 - 0 ($160,597,500.00) Equity, (File 333-122634 - Feb. 8) (BR. 01) S-8 Ace Aviation Holdings Inc., 7373 COTE VERTU WEST BLVD., SAINT-LAURENT, A8, H4Y 1H4, (514) 422-5000 - 300,000 ($8,028,000.00) Equity, (File 333-122635 - Feb. 8) (BR. 05) S-4 Marquee Holdings Inc., 1221 AVENUE OF THE AMERICAS, 39TH FLOOR, NEW YORK, NY, 10020, 212-899-3400 - 0 ($179,937,600.00) Other, (File 333-122636 - Feb. 8) (BR. ) S-8 American Reprographics CO, 700 NORTH CENTRAL AVENUE, SUITE 550, GLENDALE, CA, 91203, 818-500-0225 - 0 ($64,774,302.00) Equity, (File 333-122637 - Feb. 8) (BR. 37) S-8 ARGONAUT GROUP INC, 10101 REUNION PLACE, STE. 500, SAN ANTONIO, TX, 78216, 2103218500 - 200,000 ($4,302,000.00) Equity, (File 333-122638 - Feb. 8) (BR. 01) S-3 MERRILL LYNCH & CO INC, 4 WORLD FINANCIAL CTR, NEW YORK, NY, 10080, 2124491000 - 0 ($35,000,000,000.00) Other, (File 333-122639 - Feb. 8) (BR. 07) S-3 BIOJECT MEDICAL TECHNOLOGIES INC, 211 SOMERVILLE ROAD, ROUTE 202 NORTH, BEDMINSTER, NJ, 07921, 9084702800 - 0 ($4,985,164.00) Equity, (File 333-122640 - Feb. 8) (BR. 36) S-4 QUALITY DISTRIBUTION LLC, 3802 CORPOREX PARK DR, TAMPA, FL, 33619, 8002822031 - 0 ($85,000,000.00) Non-Convertible Debt, (File 333-122641 - Feb. 8) (BR. 05) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: 1.01 Entry into a Material Definitive Agreement 1.02 Termination of a Material Definitive Agreement 1.03 Bankruptcy or Receivership 2.01 Completion of Acquisition or Disposition of Assets 2.02 Results of Operations and Financial Condition 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off- Balance Sheet Arrangement of a Registrant 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement 2.05 Cost Associated with Exit or Disposal Activities 2.06 Material Impairments 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing 3.02 Unregistered Sales of Equity Securities 3.03 Material Modifications to Rights of Security Holders 4.01 Changes in Registrant’s Certifying Accountant 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review 5.01 Changes in Control of Registrant 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year 5.04 Temporary Suspension of Trading Under Registrant's Employee Benefit Plans 5.05 Amendments to the Registrant’s Code of Ethics, or Waiver of a Provision of the Code of Ethics 7.01 Regulation FD Disclosure 8.01 Other Events 9.01 Financial Statements and Exhibits 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 DATE COMMENT ------------------------------------------------------------------------------------------------ ACCELRYS, INC. DE 1.01,5.05 02/03/05 ACIES CORP NV 1.01,3.02,9.01 02/03/05 ACTION PERFORMANCE COMPANIES INC AZ 2.02,9.01 02/08/05 Advance Nanotech, Inc. CO 1.01,3.02,9.01 02/02/05 ADVANCED MEDICAL OPTICS INC DE 2.02,9.01 02/08/05 AEOLUS PHARMACEUTICALS, INC. DE 7.01 02/08/05 AGL RESOURCES INC GA 1.01,9.01 02/02/05 ALLEGHANY CORP /DE DE 4.02 02/08/05 ALLIANCE BANKSHARES CORP 2.02,9.01 02/04/05 ALLSTATE LIFE INSURANCE CO 2.02 02/08/05 ALPHASMART INC DE 2.02,9.01 02/08/05 ALTUS EXPLORATIONS INC NV 1.01,9.01 02/04/05 AMEREN CORP MO 2.02,8.01,9.01 02/08/05 AMERICAN AXLE & MANUFACTURING HOLDING DE 1.01,9.01 02/02/05 AMERICAN CAMPUS COMMUNITIES INC MD 2.01 02/08/05 AMERICAN LOCKER GROUP INC DE 8.01,9.01 02/08/05 AMERICAN TIRE DISTRIBUTORS INC DE 1.01,9.01 02/04/05 AmeriCredit Automobile Receivables Tr DE 1.01,9.01 02/03/05 AMERIGROUP CORP 1.01 02/08/05 AMKOR TECHNOLOGY INC DE 2.02 02/08/05 ANDREW CORP DE 1.01 02/07/05 ANGELES PARTNERS XII CA 1.01,9.01 02/02/05 ANSWERTHINK INC FL 2.02 02/08/05 ANSYS INC DE 1.01 02/08/05 AON CORP DE 1.01,2.03,9.01 02/03/05 ARADIGM CORP CA 5.02 02/02/05 ARCADIA RESOURCES, INC NV 1.01,3.02,9.01 02/02/05 ASSOCIATED ESTATES REALTY CORP OH 2.02,9.01 12/30/04 ATLANTIS BUSINESS DEVELOPMENT CORP DE 5.02 11/17/04 ATMOS ENERGY CORP TX 2.02,9.01 02/08/05 AUGUST TECHNOLOGY CORP MN 8.01,9.01 02/08/05 AUTHENTIDATE HOLDING CORP DE 2.02,9.01 02/08/05 AUTOCORP EQUITIES INC 8.01,9.01 02/08/05 AVOCENT CORP DE 1.01,5.02,9.01 02/08/05 AXIS CAPITAL HOLDINGS LTD 2.02,8.01,9.01 02/08/05 BASIC EARTH SCIENCE SYSTEMS INC DE 8.01,9.01 02/07/05 BECKMAN COULTER INC DE 8.01,9.01 02/08/05 BEHRINGER HARVARD MID TERM VALUE ENHA TX 1.01,9.01 02/07/05 BENCHMARK ELECTRONICS INC TX 2.02,9.01 02/08/05 BINDVIEW DEVELOPMENT CORP TX 2.02,9.01 02/08/05 BIOENVISION INC DE 7.01,9.01 02/08/05 BJS WHOLESALE CLUB INC DE 1.01 02/02/05 BLACK HILLS CORP /SD/ SD 2.02,9.01 02/07/05 BLACKBOARD INC DE 2.02 02/08/05 BLONDER TONGUE LABORATORIES INC DE 1.01 02/02/05 BLUE MARTINI SOFTWARE INC 2.02,9.01 02/08/05 BLUE NILE INC DE 2.02,9.01 02/08/05 BORDERS GROUP INC DE 5.02 02/08/05 BRINKS CO VA 2.02,9.01 02/08/05 BRT REALTY TRUST MA 7.01 02/08/05 BRUSH ENGINEERED MATERIALS INC 8.01,9.01 02/08/05 BSD MEDICAL CORP DE 7.01,9.01 02/08/05 BUILDING MATERIALS HOLDING CORP DE 2.02 02/08/05 BUNGE LTD 9.01 02/08/05 CAGLES INC GA 2.02,9.01 01/01/05 CALIFORNIA WATER SERVICE GROUP DE 1.01,1.02,2.03,9.01 12/23/04 CAPTARIS INC WA 1.01 02/02/05 CARDINAL BANKSHARES CORP VA 8.01,9.01 02/08/05 CEA ACQUISITION CORP DE 5.02 02/07/05 CECO ENVIRONMENTAL CORP DE 4.02 02/02/05 CELLCO PARTNERSHIP 1.01 02/08/05 CENTENE CORP 2.02,9.01 02/07/05 CENTRAL PACIFIC FINANCIAL CORP HI 9.01 02/08/05 CEPHALON INC DE 1.01,9.01 02/03/05 CERAMICS PROCESS SYSTEMS CORP/DE/ DE 4.01 02/08/05 CHAMPIONS SPORTS INC DE 8.01 02/08/05 CHEESECAKE FACTORY INCORPORATED DE 2.02,9.01 02/08/05 Chembio Diagnostics Inc. NV 8.01,9.01 01/11/05 CHENIERE ENERGY INC DE 5.03,8.01,9.01 02/08/05 CHENIERE ENERGY INC DE 1.01,2.01,3.02,8.01,9.01 02/08/05 CHILDRENS PLACE RETAIL STORES INC 2.01,9.01 11/22/04 AMEND CHINA MEDIA1 CORP. NV 5.02 02/08/05 CHINA MEDIA1 CORP. NV 5.02 02/08/05 AMEND CHRISKEN PARTNERS CASH INCOME FUND L DE 8.01 01/21/05 CHURCH & DWIGHT CO INC /DE/ DE 2.02,9.01 02/08/05 CHYRON CORP NY 8.01 02/03/05 CISCO SYSTEMS INC CA 2.02 02/08/05 CITGO PETROLEUM CORP DE 5.02 02/08/05 CITIGROUP MORTGAGE LOAN TRUST INC 8.01,9.01 02/08/05 CITIGROUP MORTGAGE LOAN TRUST INC 8.01,9.01 02/08/05 CIVITAS BANKGROUP INC TN 7.01,9.01 02/08/05 CLICK COMMERCE INC 2.01,3.02,9.01 02/02/05 CLICKNSETTLE COM INC DE 3.01 02/02/05 CNA SURETY CORP DE 8.01,9.01 02/08/05 COHEN & STEERS INC 2.02,9.01 02/08/05 COMMONWEALTH BIOTECHNOLOGIES INC VA 1.01,1.02,2.02,9.01 02/04/05 COMPASS MINERALS INTERNATIONAL INC DE 2.02,9.01 02/07/05 COMPEX TECHNOLOGIES INC MN 2.02,9.01 02/08/05 COMPUTER SCIENCES CORP NV 2.02 12/31/04 CONSOLIDATED TOMOKA LAND CO FL 2.02 12/31/04 CONSTAR INTERNATIONAL INC DE 7.01,9.01 02/07/05 CORILLIAN CORP OR 5.02 02/02/05 CORNING INC /NY NY 1.01 02/08/05 CROWN CASTLE INTERNATIONAL CORP DE 5.02 02/02/05 CSFB MORTGAGE BACKED PASS THR CERTS S DE 8.01,9.01 04/26/04 AMEND CTS CORP IN 1.01 02/08/05 CWMBS INC DE 8.01,9.01 02/04/05 CWMBS INC DE 8.01,9.01 02/04/05 DEL MONTE FOODS CO DE 8.01,9.01 02/08/05 DIAMOND OFFSHORE DRILLING INC DE 8.01,9.01 02/08/05 DICKIE WALKER MARINE INC 1.01,9.01 02/03/05 DIEDRICH COFFEE INC CA 2.02 02/07/05 DIMON INC VA 2.02,9.01 12/31/04 DIODES INC /DEL/ DE 2.02,9.01 02/07/05 DJ ORTHOPEDICS INC DE 1.01,2.02,9.01 01/20/05 DOCUMENT SCIENCES CORP DE 2.02,9.01 02/04/05 AMEND DOUBLECLICK INC DE 1.01 02/02/05 DSLA Mortgage Loan Trust 2004-AR3 DE 8.01,9.01 12/27/04 AMEND DUPONT E I DE NEMOURS & CO DE 1.01 02/08/05 DYNATRONICS CORP UT 2.02,9.01 02/07/05 EARTHLINK INC DE 2.02,9.01 02/08/05 EBAY INC DE 8.01 02/07/05 ECLIPSYS CORP DE 2.02,9.01 02/08/05 EDIETS COM INC DE 5.02 02/03/05 EMCORE CORP NJ 2.02,7.01,9.01 02/07/05 EMPIRE DISTRICT ELECTRIC CO KS 8.01,9.01 02/04/05 ENBRIDGE ENERGY PARTNERS LP DE 8.01,9.01 09/30/04 ENCORE CLEAN ENERGY INC DE 5.02 01/31/05 ENCORE WIRE CORP /DE/ DE 2.02,7.01,9.01 02/08/05 ENGELHARD CORP DE 2.02 12/31/04 ENTERPRISE PRODUCTS PARTNERS L P DE 7.01,9.01 02/08/05 ENZON PHARMACEUTICALS INC DE 5.02,5.03 02/02/05 ENZON PHARMACEUTICALS INC DE 5.02 09/29/04 AMEND ENZON PHARMACEUTICALS INC DE 5.02 11/11/04 AMEND ENZON PHARMACEUTICALS INC DE 5.02 01/04/05 AMEND EVOLVING SYSTEMS INC DE 5.03,9.01 02/07/05 EXACT SCIENCES CORP DE 7.01,9.01 02/07/05 EXPLORATION CO OF DELAWARE INC DE 7.01,9.01 02/03/05 FAIRCHILD SEMICONDUCTOR INTERNATIONAL DE 1.01,9.01 02/08/05 FALCONSTOR SOFTWARE INC DE 5.02,9.01 02/08/05 FBL FINANCIAL GROUP INC IA 2.02,7.01 02/08/05 FIELDPOINT PETROLEUM CORP CO 7.01,8.01,9.01 02/07/05 FINANCIAL ASSET SECURITIES CORP FIRST DE 8.01,9.01 10/25/04 AMEND FINANCIAL ASSET SECURITIES CORP FIRST DE 8.01,9.01 11/26/04 AMEND FINISAR CORP DE 4.02 02/07/05 FIRST BANCSHARES INC /MO/ MO 1.01,9.01 11/05/04 FIRST BANCSHARES INC /MO/ MO 5.02 11/23/04 FIRST COMMUNITY BANCSHARES INC /NV/ NV 2.02,9.01 02/08/05 FIRST FEDERAL BANCSHARES OF ARKANSAS TX 8.01,9.01 02/08/05 First Franklin Mortgage Loan Trust 20 8.01,9.01 08/25/04 AMEND FIRST NILES FINANCIAL INC DE 2.02 02/04/05 FIRSTWAVE TECHNOLOGIES INC GA 2.02,7.01 02/08/05 FLEXSTEEL INDUSTRIES INC MN 2.02,9.01 02/07/05 FLORIDA CHOICE BANKSHARES, INC. 9.01 02/07/05 FMC TECHNOLOGIES INC 7.01,9.01 02/07/05 FMC TECHNOLOGIES INC 2.02,9.01 02/07/05 FNB FINANCIAL SERVICES CORP NC 8.01,9.01 02/08/05 FREESCALE SEMICONDUCTOR INC DE 1.01,5.02,9.01 02/02/05 Fremont Home Loan Trust 2004-C DE 8.01,9.01 09/27/04 AMEND Fremont Home Loan Trust 2004-C DE 8.01,9.01 09/27/04 AMEND FRESH CHOICE INC DE 8.01,9.01 02/04/05 FRISCHS RESTAURANTS INC OH 8.01 02/02/05 FURIA ORGANIZATION INC /DE/ DE 1.01,2.01 02/08/05 GARDNER DENVER INC DE 2.02,9.01 02/07/05 GENERAL GROWTH PROPERTIES INC DE 2.02,7.01,9.01 02/07/05 GEORGIA PACIFIC CORP GA 1.01,5.02,9.01 02/02/05 GLOBAL AIRCRAFT SOLUTIONS, INC. AZ 1.01,2.03,9.01 02/08/05 GLOBAL ENTERTAINMENT CORP NV 8.01,9.01 02/08/05 GOLDEN TELECOM INC DE 2.02,9.01 02/08/05 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01 02/04/05 GREAT WESTERN BANCORPORATION INC IA 8.01 02/04/05 GRIFFON CORP DE 2.02,9.01 12/31/04 GS Mortgage GSAA Home Equity Trust 20 DE 8.01,9.01 01/28/05 GS MORTGAGE SEC CORP MORTGA MORT PAS DE 8.01,9.01 04/26/04 AMEND GS MORTGAGE SEC CORP MORTGA MORT PAS DE 8.01,9.01 05/25/04 AMEND GS MORTGAGE SEC CORP MORTGA MORT PAS DE 8.01,9.01 06/25/04 AMEND GS MORTGAGE SEC CORP MORTGA MORT PAS DE 8.01,9.01 07/26/04 AMEND GS MORTGAGE SECURITIES CORP DE 8.01,9.01 02/04/05 HANCOCK JOHN LIFE INSURANCE CO MA 8.01,9.01 02/07/05 HANCOCK JOHN LIFE INSURANCE CO MA 8.01,9.01 02/07/05 HARLAND JOHN H CO GA 2.02,9.01 12/31/04 HARVEY ELECTRONICS INC NY 2.02 02/07/05 HAWAIIAN ELECTRIC INDUSTRIES INC HI 2.02,8.01 02/07/05 HEALTHSOUTH CORP DE 1.01,9.01 02/03/05 HeartSTAT Technology, Inc. DE 5.02 02/05/05 HERBALIFE LTD. E9 8.01,9.01 02/08/05 HIENERGY TECHNOLOGIES INC DE 8.01,9.01 02/02/05 HIGHLANDS BANKSHARES INC /WV/ WV 8.01 02/08/05 HOMESTAR MORTGAGE ACCEP CORP ASST BAC DE 8.01,9.01 11/26/04 AMEND HONEYWELL INTERNATIONAL INC DE 1.01,9.01 02/02/05 HORNBECK OFFSHORE SERVICES INC /LA DE 8.01,9.01 02/07/05 HouseValues, Inc. WA 1.01 02/02/05 HUMAN GENOME SCIENCES INC DE 2.02,9.01 02/07/05 IMATION CORP DE 1.01 02/02/05 IMPERIAL SUGAR CO /NEW/ TX 1.01,5.02,9.01 02/03/05 INFODATA SYSTEMS INC VA 1.01,9.01 02/04/05 INGLES MARKETS INC NC 2.02,9.01 02/03/05 INPHONIC INC 2.02,9.01 02/08/05 INTEGRAL SYSTEMS INC /MD/ MD 2.02,9.01 02/07/05 INTEL CORP DE 5.02 02/02/05 AMEND INTER PARFUMS INC DE 1.01 02/08/05 INTERNATIONAL SPEEDWAY CORP FL 8.01 02/02/05 INTERWOVEN INC CA 1.01 02/02/05 INTUITIVE SURGICAL INC DE 2.02,9.01 02/08/05 INVESTMENT TECHNOLOGY GROUP INC DE 8.01 02/08/05 INVITROGEN CORP DE 1.01,2.02,9.01 02/08/05 IOMEGA CORP DE 1.01 02/03/05 IPASS INC DE 2.02,9.01 02/08/05 IPCS INC DE 2.02,9.01 02/07/05 IRWIN WHOLE LOAN HOME EQUITY TRUST 20 DE 8.01,9.01 08/25/04 AMEND IRWIN WHOLE LOAN HOME EQUITY TRUST 20 DE 8.01,9.01 10/25/04 AMEND ITC DELTACOM INC DE 3.01,5.02,8.01 02/02/05 IVAX CORP FL 5.05 02/07/05 IVP TECHNOLOGY CORP NV 8.01,9.01 02/08/05 JEFFERSON PILOT CORP NC 2.02,9.01 02/07/05 JOHNSON OUTDOORS INC WI 2.02,9.01 02/08/05 JUNIPER NETWORKS INC DE 1.01 02/02/05 KELLOGG CO DE 1.01,5.02 02/04/05 KEYSTONE AUTOMOTIVE INDUSTRIES INC CA 5.02 02/01/05 AMEND KEYSTONE AUTOMOTIVE OPERATIONS INC PA 2.02,9.01 02/08/05 KIMCO REALTY CORP MD 2.02 02/08/05 KINETIC CONCEPTS INC /TX/ TX 5.02,9.01 02/08/05 KINGS ROAD ENTERTAINMENT INC DE 3.02 02/04/05 KNOT INC DE 5.02 02/02/05 KUPPER PARKER COMMUNICATIONS INC NY 2.02,9.01 02/08/05 LACROSSE FOOTWEAR INC WI 2.02,9.01 02/07/05 LAIDLAW INTERNATIONAL INC DE 7.01,9.01 02/08/05 LANDAUER INC DE 1.01 02/03/05 LAS VEGAS SANDS CORP NV 5.02,8.01 02/08/05 LAS VEGAS SANDS INC NV 5.02 02/08/05 LEAPFROG ENTERPRISES INC 1.01,5.02 02/02/05 LEVEL 3 COMMUNICATIONS INC DE 2.02,9.01 02/08/05 LEVI STRAUSS & CO DE 5.02,9.01 02/03/05 LIBERTY CORP SC 7.01,9.01 02/08/05 LIBERTY PROPERTY TRUST MD 2.02,9.01 02/07/05 Lifeline Systems, Inc. MA 1.01 02/02/05 LIFESTREAM TECHNOLOGIES INC NV 1.01,9.01 02/01/05 LODGENET ENTERTAINMENT CORP DE 2.02,9.01 02/08/05 LODGIAN INC DE 1.01 02/04/05 LONG BEACH SECURITIES CORP DE 8.01,9.01 02/07/05 LUMINENT MORTGAGE CAPITAL INC 1.01,9.01 02/07/05 MAKEMUSIC INC MN 1.01,9.01 02/02/05 MANAKOA SERVICES CORP NV 2.02,9.01 01/27/05 MANHATTAN ASSOCIATES INC GA 2.01,9.01 02/08/05 MANITOWOC CO INC WI 2.02,9.01 02/07/05 MARRIOTT INTERNATIONAL INC /MD/ DE 2.02,9.01 02/08/05 MATRITECH INC/DE/ DE 2.02,5.02,9.01 02/08/05 MATTHEWS INTERNATIONAL CORP PA 7.01 02/08/05 MAXIM PHARMACEUTICALS INC DE 8.01,9.01 02/08/05 MAXYGEN INC DE 2.02,9.01 02/08/05 MED EMERG INTERNATIONAL INC 8.01 02/08/05 MED EMERG INTERNATIONAL INC 3.03 02/07/05 MEDCO HEALTH SOLUTIONS INC DE 1.01,9.01 02/02/05 MEDICAL STAFFING NETWORK HOLDINGS INC DE 7.01,9.01 02/08/05 MEDICINOVA INC DE 8.01,9.01 02/08/05 MERRILL LYNCH MORT INV INC ASSET BACK DE 8.01,9.01 11/26/04 AMEND METROCORP BANCSHARES INC 2.02,9.01 02/07/05 MFB CORP IN 1.01,9.01 02/02/05 MGP INGREDIENTS INC KS 2.02,7.01,9.01 02/08/05 MODINE MANUFACTURING CO WI 1.01,9.01 01/31/05 AMEND MODTECH HOLDINGS INC CA 9.01 01/07/05 AMEND Morgan Stanley ABS Capital I Inc. Tru DE 8.01,9.01 12/27/04 AMEND MOTOROLA INC DE 7.01,9.01 02/08/05 MUZAK HOLDINGS LLC DE 5.02,9.01 02/02/05 MYRIAD GENETICS INC DE 2.02,9.01 02/08/05 NAAC Alternative Loan Trust, Series 2 DE 8.01,9.01 11/01/04 NASDAQ STOCK MARKET INC DE 2.02 02/08/05 NATIONAL DENTEX CORP /MA/ MA 8.01,9.01 02/08/05 NATIONAL PRESTO INDUSTRIES INC WI 2.02,9.01 02/07/05 NATIONWIDE FINANCIAL SERVICES INC/ DE 2.02,7.01 02/08/05 NATIONWIDE LIFE INSURANCE CO OH 2.02,9.01 02/08/05 NATURAL GAS SYSTEMS INC/NEW NV 1.01,2.01,3.02,9.01 02/08/05 NCO GROUP INC PA 1.01 02/02/05 NEPTUNE SOCIETY INC/FL FL 1.01,1.02,2.03,3.02,5.02,9.01 02/08/05 NETFRAN DEVELOPMENT CORP FL 2.01,3.02,5.01,5.02,9.01 02/08/05 NETIQ CORP 1.01 02/07/05 NETSOL TECHNOLOGIES INC NV 2.02 02/08/05 NEW YORK REGIONAL RAIL CORP DE 3.02,5.01 02/08/05 NEWS CORP 8.01,9.01 02/08/05 NOBLE ENERGY INC DE 8.01,9.01 02/08/05 NORTH VALLEY BANCORP CA 1.02,5.02 02/04/05 NORTHERN BORDER PARTNERS LP DE 7.01,9.01 02/07/05 NORTHWEST BANCORPORATION INC WA 2.02 02/08/05 Novelis Inc. A6 2.02,9.01 02/08/05 NU SKIN ENTERPRISES INC DE 1.01,2.02,2.03,9.01 12/31/04 OCG TECHNOLOGY INC DE 4.01,9.01 02/08/05 OCTEL CORP DE 5.03,8.01,9.01 02/07/05 OILGEAR CO WI 1.01,1.02,2.03,9.01 02/07/05 OP TECH ENVIRONMENTAL SERVICES INC DE 2.03 01/25/05 OPEN TEXT CORP K6 2.02 02/08/05 OPENWAVE SYSTEMS INC DE 8.01 02/02/05 OPSWARE INC DE 2.01,9.01 02/03/05 OPTION ONE MORTGAGE LOAN TRUST 2005-1 DE 2.01,8.01,9.01 01/27/05 ORAGENICS INC FL 8.01 02/08/05 OSCIENT PHARMACEUTICALS CORP MA 1.01 02/02/05 OSI PHARMACEUTICALS INC DE 1.01 02/02/05 OTTER TAIL CORP MN 2.02,9.01 02/07/05 OYO GEOSPACE CORP DE 2.02,9.01 02/08/05 PARK BANCORP INC DE 2.02,9.01 02/07/05 Park Place Securities, Inc., Asset-Ba 9.01 01/01/05 PARKER DRILLING CO /DE/ DE 1.01,2.02,5.02,9.01 02/02/05 PARKWAY PROPERTIES INC MD 2.02,9.01 02/07/05 PARTNERRE LTD 2.02,7.01,9.01 02/08/05 PARTNERS TRUST FINANCIAL GROUP INC 2.02 02/08/05 PEDIATRIC SERVICES OF AMERICA INC DE 2.02 02/08/05 PEGASUS SOLUTIONS INC DE 2.02 02/08/05 PENN NATIONAL GAMING INC PA 2.02,8.01,9.01 02/03/05 PEREGRINE SYSTEMS INC DE 1.01 02/02/05 PEROT SYSTEMS CORP DE 2.02,9.01 02/08/05 PHOENIX COMPANIES INC/DE DE 2.02,9.01 09/30/04 PINNACLE AIRLINES CORP DE 1.01,9.01 02/03/05 PIONEER OIL & GAS UT 8.01 02/08/05 PLATO LEARNING INC DE 5.02,9.01 02/04/05 POLYMEDICA CORP MA 2.02,9.01 02/08/05 POST PROPERTIES INC GA 2.02,9.01 02/07/05 Prescient Applied Intelligence, Inc. DE 7.01,9.01 02/08/05 PRESSTEK INC /DE/ DE 1.01,9.01 02/02/05 PRINCIPAL FINANCIAL GROUP INC DE 2.02 02/08/05 PRO-FAC COOPERATIVE INC NY 2.02,7.01,9.01 02/08/05 PROVIDENT FINANCIAL SERVICES INC DE 5.02 02/04/05 PROXIM CORP DE 1.01,8.01,9.01 02/07/05 PRUDENTIAL FINANCIAL INC NJ 2.02,7.01,9.01 02/08/05 PSF GROUP HOLDINGS INC NC 2.02,9.01 02/08/05 QUALITY SYSTEMS INC CA 2.02,9.01 02/07/05 RADIOLOGIX INC DE 1.02 02/08/05 RADISYS CORP OR 2.02,9.01 02/03/05 RAMBUS INC DE 1.01,2.03 02/01/05 REDBACK NETWORKS INC DE 7.01,9.01 02/08/05 REGENCY CENTERS CORP FL 2.02,9.01 02/02/05 REGISTER COM INC DE 1.01,9.01 02/06/05 RENT A CENTER INC DE DE 2.02,9.01 02/07/05 REPLIGEN CORP DE 1.01,9.01 02/03/05 REPUBLIC SERVICES INC DE 2.02 02/08/05 RESOURCE AMERICA INC DE 2.02,9.01 12/31/04 RESOURCES CONNECTION INC DE 8.01,9.01 02/08/05 RFMSII 2005-HI1 DE 8.01,9.01 02/08/05 ROPER INDUSTRIES INC /DE/ DE 2.02,9.01 02/08/05 SALOMON SMITH BARNEY AAA ENERGY FUND 3.02 02/01/05 SALOMON SMITH BARNEY ORION FUTURES FU 3.02 02/01/05 SANTARUS INC DE 1.01,9.01 02/07/05 SATCON TECHNOLOGY CORP DE 5.02,9.01 01/28/05 AMEND SAXON ASSET SECURITIES CO VA 8.01 01/25/05 SCANA CORP SC 1.01,9.01 02/03/05 SCANNER TECHNOLOGIES CORP NM 1.01,5.02 12/27/04 AMEND SCHOOL SPECIALTY INC WI 2.02,9.01 02/08/05 SEACOR HOLDINGS INC /NEW/ DE 1.01 02/04/05 SEAGATE TECHNOLOGY E9 1.01,7.01 02/08/05 SEATTLE GENETICS INC /WA DE 2.02,9.01 02/08/05 SECURITIZED ASSET BACKED RECEIVABLES 8.01,9.01 02/04/05 SELECT COMFORT CORP 2.02,9.01 02/08/05 SEMPRA ENERGY CA 2.02,9.01 02/08/05 SFBC INTERNATIONAL INC DE 9.01 12/22/04 AMEND SIERRA BANCORP CA 5.02 02/07/05 SIFCO INDUSTRIES INC OH 1.01,9.01 01/27/05 SILICONIX INC DE 2.02,9.01 02/08/05 SMALL WORLD KIDS INC UT 2.02,9.01 02/07/05 SMITH BARNEY POTOMAC FUTURES FUND LP 3.02 02/01/05 SMITH BARNEY WESTPORT FUTURES FUND LP 3.02 02/01/05 SMITH INTERNATIONAL INC DE 8.01 02/08/05 SOHU COM INC DE 1.01,1.02,9.01 02/06/05 SOLA INTERNATIONAL INC DE 2.02,9.01 02/08/05 SOMERA COMMUNICATIONS INC DE 2.02,9.01 02/08/05 SONIC SOLUTIONS/CA/ CA 2.02,9.01 02/08/05 SONICBLUE INC DE 8.01,9.01 12/31/04 SONOCO PRODUCTS CO SC 5.02 02/02/05 SOUTHERN SECURITY LIFE INSURANCE CO UT 8.01,9.01 02/04/05 SOUTHERN UNION CO DE 8.01,9.01 02/07/05 SPORTS ENTERTAINMENT ENTERPRISES INC NV 2.01,3.02,5.01,5.02,8.01,9.01 02/07/05 SRI SURGICAL EXPRESS INC FL 1.02,5.02,9.01 02/03/05 STATION CASINOS INC NV 8.01 02/04/05 STEEL DYNAMICS INC IN 2.02,9.01 02/02/05 STONERIDGE INC OH 2.02 02/08/05 STRATUS SERVICES GROUP INC DE 1.01,2.04 02/02/05 STRUCTURED ASSET MORT INV II INC BEAR DE 8.01,9.01 08/25/04 AMEND STRUCTURED ASSET MORT INV II INC BEAR DE 8.01,9.01 09/27/04 AMEND STRUCTURED PRODUCTS CORP TIERSSM TENS DE 8.01 01/31/05 SUNSET FINANCIAL RESOURCES INC 5.02 02/04/05 SUNTERRA CORP MD 2.02,9.01 02/08/05 SUPERCONDUCTOR TECHNOLOGIES INC 8.01,9.01 02/07/05 SUPREME INDUSTRIES INC DE 7.01,9.01 02/03/05 SWIFT TRANSPORTATION CO INC NV 1.01,9.01 02/02/05 SWS GROUP INC DE 2.02,9.01 02/08/05 SYMS CORP NJ 1.01 02/08/05 TASER INTERNATIONAL INC 7.01,9.01 02/08/05 TAUBMAN CENTERS INC MI 2.02,9.01 02/08/05 TC PIPELINES LP DE 2.02 02/07/05 TECHNICAL VENTURES INC NY 4.01 12/15/04 AMEND TECHNOLOGY INVESTMENT CAPITAL CORP MD 8.01,9.01 02/08/05 TECHNOLOGY SOLUTIONS COMPANY DE 2.02 02/08/05 TEMPLE INLAND INC DE 5.02 02/07/05 TERAYON COMMUNICATION SYSTEMS DE 8.01,9.01 02/08/05 TERAYON COMMUNICATION SYSTEMS DE 7.01,9.01 01/18/05 TERCICA INC DE 8.01,9.01 02/08/05 TESORO CORP /NEW/ DE 1.01,5.03,9.01 02/02/05 TESORO CORP /NEW/ DE 5.02,9.01 01/17/05 AMEND TESSCO TECHNOLOGIES INC DE 1.02,5.02 02/04/05 THAXTON GROUP INC SC 8.01,9.01 01/31/05 THOMAS & BETTS CORP TN 1.01,2.02,9.01 02/02/05 Thomas Equipment, Inc. DE 1.01,9.01 02/03/05 TICKETS COM INC DE 1.01 02/02/05 TNP ENTERPRISES INC TX 1.01 02/03/05 TOLL BROTHERS INC DE 2.02,9.01 02/08/05 TOWN & COUNTRY TRUST MD 1.01,9.01 02/02/05 TRANSPORT CORPORATION OF AMERICA INC MN 2.02,9.01 02/08/05 TREDEGAR CORP VA 1.01 02/04/05 TRINITY LEARNING CORP UT 7.01,9.01 02/08/05 TRIO TECH INTERNATIONAL CA 2.02,9.01 02/04/05 TRIPOS INC UT 7.01 01/31/05 TTM TECHNOLOGIES INC WA 2.02,9.01 02/08/05 TURBOCHEF TECHNOLOGIES INC DE 8.01,9.01 02/08/05 UNISOURCE ENERGY CORP AZ 2.02,8.01,9.01 02/07/05 UNISOURCE ENERGY CORP AZ 2.02,7.01,9.01 02/08/05 UNIT CORP DE 8.01,9.01 02/08/05 UNITED BANCSHARES INC/OH OH 2.02,8.01,9.01 02/08/05 UNITED SERVICE ATTENDANTS INC FL 2.01,5.01,5.02,8.01,9.01 02/01/05 UNIVERSAL CITY DEVELOPMENT PARTNERS L 7.01 02/03/05 UNOVA INC DE 2.02,2.05,2.06,9.01 02/03/05 UTSTARCOM INC DE 2.02,9.01 02/08/05 V F CORP PA 2.02,7.01,9.01 02/08/05 VALEANT PHARMACEUTICALS INTERNATIONAL DE 7.01,9.01 02/08/05 VARIAN INC DE 1.01,8.01,9.01 02/04/05 VASCO DATA SECURITY INTERNATIONAL INC DE 2.01,9.01 02/04/05 VERSO TECHNOLOGIES INC MN 1.01,3.02,9.01 02/04/05 VIACELL INC 1.01 02/03/05 VICOR CORP DE 2.02,9.01 02/08/05 VIISAGE TECHNOLOGY INC DE 2.02,9.01 02/07/05 VIKING SYSTEMS INC NV 1.01,1.02,2.03,9.01 01/27/05 VIROPRO INC NV 3.02 01/31/05 VIROPRO INC NV 3.02 02/04/05 VISHAY INTERTECHNOLOGY INC DE 2.02,9.01 02/08/05 VISTACARE, INC. DE 2.02,9.01 02/08/05 WALTER INDUSTRIES INC /NEW/ DE 1.01 02/04/05 WEIDA COMMUNICATIONS, INC. NJ 3.02 11/19/04 WEIS MARKETS INC PA 2.02 12/25/04 WELLPOINT INC IN 1.01,9.01 02/08/05 Wells Fargo Mortgage Backed Securitie DE 8.01,9.01 11/29/04 WENDYS INTERNATIONAL INC OH 1.01,7.01,9.01 02/03/05 WET SEAL INC DE 7.01,9.01 02/04/05 WHITE ELECTRONIC DESIGNS CORP ID 2.02,9.01 02/08/05 WIRELESS AGE COMMUNICATIONS INC NV 2.01,9.01 07/30/04 AMEND Wornick CO DE 8.01 02/08/05 XOMA LTD /DE/ DE 1.01,9.01 02/07/05 ZANETT INC DE 2.03 02/07/05 ZEN POTTERY EQUIPMENT INC CO 4.01,9.01 02/02/05 ZIPREALTY INC 4.02,9.01 02/04/05 ZONES INC WA 2.02,9.01 02/08/05 ZYMOGENETICS INC WA 1.01,9.01 02/03/05