SEC NEWS DIGEST Issue 2003-176 September 12, 2003 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS Following is a schedule of Commission meetings which will be conducted under provisions of the Government in the Sunshine Act. Meetings will be scheduled according to the requirements of agenda items under consideration. Visitors are welcome at all open meetings, insofar as space is available. Persons wishing to photograph or videotape Commission meetings must obtain permission in advance from the Secretary of the Commission. Persons wishing to tape record a Commission meeting should notify the Secretary's office 48 hours in advance of the meeting. Any member of the public who requires auxiliary aids such as a sign language interpreter or material on tape to attend a public meeting should contact Rochelle Franks, Office of Administrative and Personnel Management, to make arrangements. Ms. Franks can be reached at TTY number (202) 942-9558. If you are calling from a non-TTY number, please call the Relay Service at 1-800-877-8339. CHANGE IN THE MEETING OF SEPTEMBER 17, 2003: RESCHEDULED ITEM The following item, previously scheduled for the open meeting on September 17, has been rescheduled and will be considered at the open meeting of Wednesday, September 24, at 10:00 a.m., in Room 1C30, the William O. Douglas Room: Proposal for public comment of new rules 12d1-1, 12d1-2, and 12d1-3 under the Investment Company Act of 1940. CLOSED MEETING - TUESDAY, SEPTEMBER 23, 2003 - 2:00 P.M. The subject matter of the closed meeting scheduled for Tuesday, September 23, will be: Institution and settlement of administrative proceedings of an enforcement nature; Institution and settlement of injunctive actions; and Formal orders of investigation. OPEN MEETING - WEDNESDAY, SEPTEMBER 24, 2003 - 10:00 A.M. The subject matter of the open meeting scheduled for Wednesday, September 24, will be: Item 1: The Commission will consider whether to propose for public comment new rules 12d1-1, 12d1-2, and 12d1-3 under the Investment Company Act of 1940. The recommended rules would broaden the ability of an investment company (fund) to acquire shares of another fund consistent with the protection of investors and the purposes of the Act. The Commission also will consider a recommendation to amend forms N-1A, N-2, N-3, N-4, and N-6, which are used by investment companies to register under the Investment Company Act and to offer their shares under the Securities Act of 1933. The recommended amendments would improve the transparency of the expenses of funds that invest in other funds by requiring that the expenses of the acquired funds be aggregated and shown as an additional expense in the fee table of the acquiring funds. For further information, please contact Penelope Saltzman at (202) 942-0690. Item 2: The Commission will consider whether to adopt amendments to Rules 134, 156, and 482 under the Securities Act of 1933; Rule 34b-1 under the Investment Company Act of 1940; and four investment company registrations forms (Forms N-1A, N-3, N-4, and N-6). The amendments would require enhanced disclosure in mutual fund advertisements and are designed to encourage advertisements that convey balanced information to prospective investors, particularly with respect to past performance. The amendments also would implement a provision of the National Securities Markets Improvement Act of 1996 by eliminating the requirement that Rule 482 advertisements for an investment company contain only information the substance of which is included in the investment company's statutory prospectus. For further information, please contact Christopher P. Kaiser at (202) 942-0721. Item 3: The Commission will hear oral argument on an appeal by the Rockies Fund, Inc. (the "Fund"), a closed end investment company, Stephen G. Calandrella, president and director of the Fund, Charles M. Powell and Clifford C. Thygesen, independent directors of the Fund, and John C. Power, from the decision of an administrative law judge. The law judge found that: a. Calandrella and Power violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder by manipulating the price of securities; b. the Fund, Calandrella, Powell, and Thygesen violated Exchange Act Section 10(b) and Rule 10b-5 by making untrue statements of material facts in the Fund's annual and quarterly reports by misclassifying restricted shares and overvaluing such shares, and that the Fund and Calandrella violated those provisions by overstating the number of shares in the Fund's portfolio; c. the Fund violated, and Calandrella, Powell, and Thygesen, aided and abetted the Fund's violations, of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 by filing reports that made untrue statements of material facts and that did not comply with GAAP and Regulation S- X. d. Calandrella violated Section 57(k)(1) of the Investment Company Act of 1940 by causing the Fund to purchase stock to settle a legal claim threatened against Calandrella personally, and Calandrella violated Exchange Act Section 10(b) and Rule 10b-5 by failing to disclose this settlement to the independent board members of the Fund. The law judge ordered all of the respondents to cease and desist from committing or causing any further violations of the provisions that they were found to have violated. The law judge further ordered Calandrella to pay a civil money penalty of $500,000 and Thygesen and Powell each to pay a civil money penalty of $160,000. The law judge permanently barred Calandrella and, for a period of three years, barred Thygesen and Powell, from associating with or acting as an affiliated person of an investment company. Among the issues likely to be argued are: a. whether the evidence supports the allegations; and b. whether and to what extent sanctions should be imposed in the public interest. For further information, please contact the Office of the Secretary at (202) 942-7070. CLOSED MEETING - WEDNESDAY, SEPTEMBER 24, 2003 - 11:00 A.M. The subject matter of the closed meeting scheduled for Wednesday, September 24, will be: Post-argument discussion. CLOSED MEETING - THURSDAY, SEPTEMBER 25, 2003 - 10:00 A.M. The subject matter of the closed meeting scheduled for Thursday, September 25, will be: Institution and settlement of administrative proceedings of an enforcement nature; Institution and settlement of injunctive actions; Adjudication matter; and Formal orders of investigation. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942-7070. SEC FINALIZES AGENDA FOR FORUM ON SMALL BUSINESS CAPITAL FORMATION The Commission has finalized the agenda for its annual Government- Business Forum on Small Business Capital Formation, to be held on Sept. 22 and 23, 2003 in Arlington, Va. The conference will begin with opening remarks by SEC Commissioner Cynthia A. Glassman. The agenda includes three general session panel discussions, each focusing on a current issue related to small business capital formation. Also included on the agenda are workshops on topical issues and breakout sessions. During the breakout sessions, forum participants will develop recommendations for government and private action to improve the environment for small business capital formation. Doug Tatum, Chairman and CEO of Tatum Partners, will be the luncheon speaker on the first day of the forum, addressing the "adolescent" stage of corporate growth where many companies fail. Congressman Don Manzullo (R-Ill.), Chairman of the Small Business Committee of the U.S. House of Representatives, will be the luncheon speaker on the second day of the forum. Congressman Manzullo is expected to speak on congressional efforts to improve the environment for small business capital formation. For the first time, forum participants will use an electronic audience response system to express their views and priorities with respect to the various recommendations to be voted upon on the second day of the forum. This should result in a more accurate survey of the participants' opinions and enable the SEC staff to make more effective use of their resources in following-up on the recommendations of the forum. The SEC has posted the forum agenda on its Web site at http://www.sec.gov/info/smallbus/sbforum.shtml, where registration forms and other information also are available. In addition, information may be obtained by calling the SEC Office of Small Business Policy at (202) 942-2950. (Press Rel. 2003-113) RULES AND RELATED MATTERS PROPOSED FOREIGN BANK EXEMPTION FROM THE INSIDER LENDING PROHIBITION OF EXCHANGE ACT SECTION 13(k) The Commission is proposing for public comment a rule that would exempt qualified foreign banks from the insider lending prohibition under Section 13(k) of the Securities Exchange Act of 1934, as added by Section 402 of the Sarbanes-Oxley Act. The proposed rule would exempt from this insider lending prohibition foreign banks that meet specified criteria similar to those that currently qualify domestic banks for this statutory exemption. The Commission is also proposing for public comment an amendment to Form 20- F that would require a foreign bank issuer to provide the same disclosure regarding problematic loans to insiders as that required for domestic banks under Regulation S-K. Please submit your comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-0609. You also may submit your comments electronically at the following e-mail address: rule-comments@sec.gov. Your comment letter should refer to File No. S7-15-03. Include this file number in the subject line if you use electronic mail. We will make comment letters available for public inspection in the Commission's Public Reference Room located at 450 Fifth Street, N.W. Washington, D.C. 20549. We will post electronically submitted comment letters on our Internet web site (http://www.sec.gov). FOR FURTHER INFORMATION CONTACT: Elliot Staffin at (202) 942-2990. (Rel. 34-48481, International Series Rel. 1272; File No. S7-15-03) ENFORCEMENT PROCEEDINGS SEC SUES FORMER CHIEF FINANCIAL OFFICERS OF HEALTHSOUTH CORPORATION On September 3, the Commission filed a complaint against two former Chief Financial Officers (CFOs) of HealthSouth Corporation, Michael Martin and Malcolm McVay. HealthSouth was the nation's largest provider of outpatient surgery, diagnostic and rehabilitative healthcare services, owning approximately 1,800 different facilities throughout the United States and abroad. The complaint alleges that Martin and McVay participated in the massive accounting fraud at HealthSouth by signing reports filed with the Commission that they knew contained materially false financial statements. The complaint further alleges that, while CFO, Martin directed lower level accounting personnel to make false entries to HealthSouth's accounting books and records so that HealthSouth's quarterly and annual earnings would meet or exceed Wall Street expectations. The complaint further alleges that Martin sold HealthSouth stock while knowing that the share price was inflated artificially due to the materially false financial statements. The complaint alleges that Martin violated Section 17(a) of the Securities Act of 1933 (Securities Act) and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5 and 13b2-1 thereunder, and aided and abetted HealthSouth's violations of Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder. The complaint alleges that McVay violated Section 10(b) of the Exchange Act and Rules 10b-5 and 13a-14 thereunder and aided and abetted HealthSouth's violations of Sections 10(b) and 13(a) of the Exchange Act and Rules 10b- 5, 12b-20 and 13a-13 thereunder. The complaint asks the Court to issue permanent injunctions and to order disgorgement, prejudgment interest thereon and civil penalties against each defendant. The Commission also seeks orders barring Martin and McVay from serving as officers and directors of publicly-held companies in the future. [SEC v. Michael Martin and Malcolm E. McVay, USDC, ND Alabama, Civil Action No. CV-03-AR-2424-S] (LR-18339; AAE Rel. 1853) TEN FORMER A.S. GOLDMEN BROKERS BARRED FROM FUTURE ASSOCIATION WITH BROKER- DEALERS On September 11, the Commission barred ten former A.S. Goldmen & Co., Inc. brokers, Robert F. Fox, Karim M. Lamarti, Charles S. Pipia, Charles J. Principato, Jr., James A. Sammartano, Mark Sanfilippo, Angelo M. Scifo, Jr., Shawn J. Smith, J. Vincent Tarantino, and Clyde Anthony Williams, from future association with any broker or dealer. The bars, to which the respondents consented, were based on criminal convictions obtained by the Manhattan District Attorney's office in its prosecution of massive fraud at A.S. Goldmen. (People of New York v. A.S. Goldmen & Co., Inc., et al. (Indictment No. 4772, 1999)). Fox, Lamarti, Pipia, Principato, Sammartano, Scifo, Smith, Tarantino and Williams all plead guilty to criminal violations under New York state law involving misrepresentations in sales of securities, unauthorized trading, use of nominee accounts to profit in IPO's, and other conduct. Sanfilippo plead guilty to perjury. Based on their convictions, the Commission ordered that they be barred from future association with any broker or dealer pursuant to Section 15(b) of the Securities Exchange Act of 1934. On July 7, 1999, administrative proceedings were instituted against A.S. Goldmen, its principals, and others. Those proceedings were stayed from September 1, 1999, to July 29, 2002. The Commission has issued Orders settling the proceedings with respect to seven of the nine respondents. As to the remaining two respondents in the administrative proceedings, an initial decision was issued on June 27, 2003, ordering sanctions and penalties against each, and both have appealed. The ten former brokers in this matter were not respondents in the Commission's administrative proceedings. The Commission has also issued Orders barring fourteen other former Goldmen brokers and employees based on their criminal convictions. For additional information, see Securities Act Release No. 7698 and Exchange Act Release No. 41601 (July 7, 1999). (Rel. 34-48483; File No. 3-11256) SEC CHARGES FORMER CFO OF NVIDIA CORPORATION WITH FINANCIAL REPORTING FRAUD The Commission announced today the filing of financial reporting fraud charges against Christine B. Hoberg, former chief financial officer of Nvidia Corporation, alleging that she purposefully failed to record $3.3 million in expenses relating to a deal with a supplier. As a result of that transaction, the complaint alleges, Nvidia materially overstated its gross profit and income for the quarter ended April 30, 2000. Hoberg, 48, of Los Altos, California, was charged in a complaint filed in the U.S. District Court for the Northern District of California. Simultaneous with the filing of the complaint, and without admitting or denying the allegations, Hoberg consented to a court order directing her to pay $671,694.99 (including $596,694.99 in disgorgement of ill-gotten gains and prejudgment interest and $75,000 in penalties), prohibiting her from serving as an officer or director of any public company for five years, and enjoining her from violations of the antifraud and other provisions of the securities laws. According to the complaint against Hoberg, in early 2000 Nvidia was lagging behind expectations for its financial performance for the quarter ended April 30, 2000. In order to meet those expectations, Nvidia entered into an agreement with a supplier in which the supplier granted Nvidia $3.3 million in cost reduction credits for the April 30 quarter. In exchange, though, Nvidia agreed to repay the supplier this same amount by paying artificially higher prices on purchases later in the year. Under generally accepted accounting principles (GAAP), Nvidia's explicit agreement to repay the costs to its supplier created a liability that Nvidia was required to record in its accounting records. Thus, under GAAP, Nvidia should have recorded both the cost reductions and an offsetting liability for its agreement to repay the costs in the future. Instead, Hoberg directed that Nvidia record only the cost reductions portion of the transaction on its books for the April 30 quarter. By failing to record the offsetting $3.3 million liability for the second portion of the deal, Hoberg led Nvidia to overstate its gross profit and income for the quarter by 6.4% and 15.3%, respectively. To facilitate the fraud, Hoberg directed that Nvidia document the deal in two separate agreements, with the cost reductions described in one agreement, and Nvidia's promise to repay described in another. During a subsequent review of Nvidia's quarterly results by its outside auditors, Hoberg provided the auditors with the agreement relating to Nvidia's cost reductions, but withheld the agreement that described Nvidia's promise to repay the costs in the future. The complaint charges Hoberg with financial reporting fraud (Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b- 5 thereunder), withholding material facts from auditors (Rule 13b2-2 under the Exchange Act), and falsifying Nvidia's books and records (Section 13(b)(5) of the Exchange Act an Rule 13b2-1 thereunder). Simultaneous with the filing of the complaint, Hoberg agreed, without admitting or denying the allegations, to a judgment permanently enjoining her from violations of these provisions and to the other relief described above. [SEC v. Christine B. Hoberg, USDC, NDCA, Civil Action No. C 03-04135 HRL] (LR-18343; AAE Rel. 1860) SEC FILES FRAUD CHARGES ARISING OUT OF $130 MILLION STOCK LENDING AND MANIPULATION SCHEME Defendant D'Angelo Agrees to Plead Guilty in Related Criminal Action Brought by U.S. Attorney's Office for the Central District of California On September 11, the Commission filed a complaint in the U.S. District Court for the Central District of California charging Kenneth P. D'Angelo and his company, RBF International, Inc., with participating in an unlawful scheme to manipulate the stock price of GenesisIntermedia, Inc. (GENI), a now defunct public company that was based in Van Nuys, California. The Commission alleges that the scheme, which occurred between September 1999 and September 2001, resulted in the misappropriation of more than $130 million, the collapse of three broker- dealers, and the largest bailout in the history of the Securities Investor Protection Corporation. According to the complaint, the manipulation of GENI's stock price began shortly after the company's June 1999 public offering. To benefit from the manipulation, GENI's Chief Executive Officer developed a stock lending scheme. The Commission alleges that the CEO and an accomplice loaned approximately 15 million shares of GENI stock to Native Nations Securities, Inc., a New Jersey broker-dealer, and more than a dozen other broker-dealers in exchange for approximately $130 million. To facilitate these stock loan transactions, D'Angelo defrauded those broker-dealers by leading them to believe that reputable brokerage firms were lending the GENI shares to them. The complaint alleges that the GENI shares actually were being loaned by Ultimate Holdings, Ltd., which was an offshore entity controlled by GENI's CEO and his accomplice. The stock loans generated cash proceeds for the full market value of the GENI shares and assured that Ultimate Holdings and the CEO would benefit from future price increases. According to the complaint, D'Angelo secretly paid others for their assistance in this scheme. The complaint alleges that, in a typical stock loan transaction, Ultimate Holdings loaned stock to a broker-dealer and received the current market value of the stock in cash. As GENI's stock price fluctuated, the loaned stock was marked-to-market by the broker-dealer. In a hypothetical example, if Ultimate Holdings loaned a broker-dealer 1,000 shares of stock valued at $5.00 per share, Ultimate Holdings would get $5,000 from the broker-dealer and the broker-dealer would take possession of the stock. If the price of the stock subsequently rose to $6.00 per share, Ultimate Holdings would get another $1,000 from the broker-dealer. If the stock then dropped to $4.00 per share, Ultimate Holdings would be obligated to return $2,000 to the broker-dealer. Ultimate Holdings received additional cash when GENI's price increased, and was obligated to return cash when the stock price dropped. By lending the shares in this manner, rather than selling them, Ultimate Holdings and GENI's CEO: (i) raised substantial sums of money without giving up control of the stock or depressing the market; (ii) generated funds used in part to buy more GENI shares and drive up the market price; and (iii) prevented the shares from being used for short sales. According to the complaint, GENI's CEO, his accomplice and D'Angelo inflated GENI's stock price by systematically engaging in fraudulent and deceptive practices that had the intended effect of generating additional cash proceeds from the broker-dealers participating in the stock loan transactions. Their illegal manipulative activities included (i) reducing the supply of GENI stock to control the public float; (ii) promoting a short squeeze; (iii) making trades through nominee accounts; and (iv) engaging in a free-riding scheme. In addition, the complaint alleges that, while these activities were ongoing, the CEO was secretly compensating a well-known financial commentator to tout GENI on CNBC, Bloomberg TV, CNN and CNNfn, thereby creating demand for the stock, and making false and misleading statements in periodic reports filed with the Commission and in press releases issued by the company (with assistance from GENI's former Chief Financial Officer). The manipulation caused GENI's stock price to increase approximately 1,400%, from a low of $1.67 per share (split adjusted) on September 1, 1999 to a high of $25 per share on June 29, 2001. After the scheme collapsed in September 2001, GENI's stock price plunged to pennies per share. GENI's CEO and his accomplice then defaulted on the obligations of Ultimate Holdings to repay approximately $130 million they had obtained from loaning GENI shares to the various broker-dealers, which caused three of the firms to go bankrupt. According to the complaint, D'Angelo and RBF International violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. As relief, the Commission is seeking permanent injunctions, an accounting of all the money that D'Angelo and RBF International obtained as a result of their illegal conduct, disgorgement (with prejudgment interest), and civil penalties. Also today, the United States Attorney's Office for the Central District of California filed related criminal charges against D'Angelo. He has agreed to plead guilty to these charges. The Commission acknowledges the cooperation of the U.S. Attorney's Office for the Central District of California and the Federal Bureau of Investigation in this matter. [SEC v. Kenneth P. D'Angelo and RBF International, Inc., USDC, CDCA, Case No. LACV 03-6499 CAS (VBKx) (LR- 18344) SEC BRINGS SETTLED ACCOUNTING FRAUD CASE AGAINST STEPHEN PRICE On September 11, the Commission instituted a settled cease-and-desist proceeding against Stephen D. Price, of Bronxville, New York, a former Vice-President for Business Development at CAIS Internet, Inc., now known as Ardent Communications, Inc. The Commission also filed a complaint in federal court seeking a civil penalty against Price. Without admitting or denying the Commission's findings, or the allegations in the complaint, Price consented to the issuance of a cease- and-desist order, and a judgment ordering him to pay a $20,000 penalty. The Commission's Order finds that Price violated the federal securities laws by concealing information about a significant sale from CAIS's management and accountants, which led CAIS to file materially false and misleading financial statements with the Commission. The Order finds that in September 2000, Price agreed to sell more than $1 million of Internet kiosks to a private company, subject to an oral side agreement requiring CAIS to make a multi-million dollar investment in the private company. According to the Order, Price knew that the customer would return the kiosks to CAIS if the promised investment was not made. The Order finds that Price concealed details about the investment from CAIS's management and accountants, and that his conduct led CAIS to file materially false financial statements for the quarter ended September 30, 2000. The Order finds that Price violated the antifraud provisions of the federal securities laws because he knew that CAIS would record the sale as revenue in the third quarter and overstate its results. The Order also finds that, due to his misconduct, Price was a cause of CAIS's violations of the reporting and recordkeeping provisions of the federal securities laws. The Commission found that Price violated Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1 and 13b2-2 thereunder, and was a cause of CAIS's violations of Sections 13(a) and 13(b)(2)(A) of the Exchange Act and Rules 12b-20 and 13a-13 thereunder. The Commission also ordered Price to cease and desist from committing or causing any violations and any future violations of Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2 thereunder, and from causing any violations and any future violations of Sections 13(a) and 13(b)(2)(A) of the Exchange Act and Rules 12b-20 and 13a-13 thereunder. (Rel. 34-48485; AAE Rel. 1861; File No. 3-11257). [SEC v. Stephen D. Price, Case No. 1:03cv01905, D.D.C.] (LR-18345; AAE Rel. 1862) THE COMMISSION OBTAINS EMERGENCY ORDERS AGAINST VIATICAL CAPITAL INC., CHARLES DOUGLAS YORK, ROBERT KINGSTON COYNE AND, LIFE INVESTMENT FUNDING ENTERPRISES, INC. IN CONNECTION WITH $61 MILLION SECURITIES SCAM THAT TARGETED AT LEAST 1,900 ELDERLY AND UNSOPHISTICATED INVESTORS NATIONWIDE The Commission announced that on September 8 a federal judge in the Middle District of Florida entered a temporary restraining order, asset freeze and other relief against a Florida corporation Viatical Capital Inc. (VCI), a Nevada corporation Life Investment Funding Enterprises, Inc. (Life Investment), Charles Douglas York, and Robert Kingston Coyne, enjoining them from violating the antifraud provisions and (as against VCI, York and Coyne) the securities registration provisions of the federal securities laws. The SEC's complaint against VCI, Life Investment, York and Coyne, alleges that they have engaged in a systematic fraud in connection with a scheme to solicit investment in various limited liability companies (LLCs) that invested in viatical settlements (i.e., a life insurance policy of a terminally ill person that is sold at a price less than the face value of the policy). According to the SEC's complaint, VCI prepared and disseminated quarterly statements to investors representing that certain LLCs owned viaticated insurance policies even though those policies had been rescinded, terminated or cancelled. The complaint also alleges that many of the viatical settlements in VCI's portfolio were fraudulently obtained, making the policies subject to cancellation, and that they were acquired from an unlicensed viatical settlement provider. In addition, the Complaint alleges that VCI, York and Coyne misrepresented and omitted to disclose material facts concerning the investment, including risk factors, rates of return, planned public offerings, and the checkered disciplinary histories of VCI, its related entities, and York and Coyne. The Complaint also alleges that VCI, York and Coyne misused investor proceeds by, among other things, using a quarter million dollars of investor funds to fund York and Coyne's own boat- leasing venture. Finally, the Complaint alleges that Life Investment recently filed with the SEC materially false and misleading registration statements in its attempt to become a public company (According to offering materials provided to investors, Life Investment would acquire the assets of each LLC, and conduct an initial public offering). As a result, the SEC alleges that VCI, York and Coyne violated Sections 5(a) and 5(c), and of the Securities Act of 1933 (Securities Act); and that all defendants violated Sections 17(a)(1), (2) and (3) of the Securities Act, Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5, thereunder. In addition, the Complaint alleges that York and Coyne acted as "control persons" for VCI under section 20(a) of the Exchange Act for its violations of Section 10(b) of the Exchange Act and Rule 10b-5, thereunder. The SEC is also seeking in its lawsuit, among other things, preliminary and permanent injunctions, disgorgement and civil penalties. The SEC would like to extend its thanks to the Florida Department of Financial Services, the Tampa office of the Florida Office of Financial Regulation, and the Enforcement Division of the Texas State Securities Board for their assistance in this matter. [SEC v. Viatical Capital, Inc., d/b/a Life Settlement Network, Life Investment Funding Enterprises, Inc., Charles Douglas York, and Robert Kingston Coyne, Case No. 8:03-CV-1895-T-23TGW, MD Fla.] (LR-18346), filed September 8, 2003) FEDERAL COURT GRANTS SEC MOTION TO MAKE INDEPENDENT EXAMINER'S REPORT REGARDING SPIEGEL, INC. PUBLIC On September 11, the Honorable Judge James B. Zagel entered an Order (Order) pursuant to a motion by the Securities and Exchange Commission providing that the Independent Examiner's Report regarding Spiegel, Inc. (Spiegel) dated September 5 be made available to the public. The Order requires that the Independent Examiner's report be included in the filings for this matter, and also requires that the report be posted on the official website for the United States District Court for the Northern District of Illinois (http://www.ilnd.uscourts.gov) on September 15. The Court found that the Independent Examiner's Report discussed Spiegel's financial condition and identified material accounting irregularities. In the Order, Judge Zagel found that the information contained in the Independent Examiner's September 5, 2003 Report is material to the investing public and that it is in the public interest to make the Independent Examiner's Report available to the public. The Independent Examiner's Report was completed as a result of Spiegel's partial settlement with the Securities and Exhange Commission (Commission) in this matter. On March 7, 2003, the Commission filed a civil injunctive action alleging that Spiegel violated the federal securities laws by withholding material information from the public. Spiegel consented to the entry of a permanent injunction without admitting or denying the allegations in the Commission's complaint. The complaint alleged that Spiegel withheld the fact that on or about the beginning of 2002, its independent auditor had notified Spiegel that it may not be able to continue as a "going concern." The complaint further alleged that Spiegel's independent auditor later issued an audit report on or about January or February 2002 which stated that the audit firm had "substantial doubts" about Spiegel's ability to continue as a going concern. The complaint alleged that Spiegel decided not to make its required 10-K and 10-Q filings to conceal the "going concern" issue from the public. Instead, the company filed a series of Forms NT (notices of late filing) indicating that Spiegel was not in a position to file because various lending agreements were not in place. According to the complaint, statements made by Spiegel executives confirm that Spiegel chose not to make its required filings to avoid disclosing the going concern notice and to avoid the negative "disruptions" that the disclosure of this information would cause. The complaint further alleged that Spiegel failed to disclose its auditor's "going concern" notice in various press releases and public statements that discussed the company's financial condition. As a partial settlement with the Commission, Spiegel consented to the entry of a permanent injunction for violations of Sections 10(b) and 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5, 13a-1 and 13a-13 promulgated thereunder, which was entered on March 11, 2003, as amended on March 27, 2003. The partial settlement required the appointment of an Independent Examiner whose mandate was to prepare a report discussing Spiegel's financial condition and identifying any accounting irregularities. The Court will determine at a later date whether it is appropriate for Spiegel to pay disgorgement, prejudgment interest and/or civil penalties. The Commission's investigation in this matter continues. [SEC v. Spiegel, Inc., USDC, ND Illinois, Case No. 03C-1685] (LR-18347) SEC SUES VECTOR MEDICAL TECHNOLOGIES, INC., MICHAEL SALIT, JAMES FARNELL, MICHAEL FARNELL, DAVID ZIMMERMAN AND STANLEY WASSER FOR FRAUD IN CONNECTION WITH THE COMPANY'S UNREGISTERED SECURITIES OFFERING THAT RAISED APPROXIMATELY $16 MILLION PRIMARILY FROM PHYSICIAN INVESTORS The Commission announced that it filed an action for injunctive relief in U.S. District Court for the Southern District of Florida on Sept. 11, charging Vector Medical Technologies, Inc. (Vector), Michael H. Salit (Salit), James P. Farnell (J. Farnell), Michael J. Farnell (M. Farnell), David A. Zimmerman (Zimmerman) and Stanley B. Wasser (Wasser) with securities fraud for their participation in a securities boiler room operation that raised just under $16 million from defrauded investors, mostly physicians, in an unregistered public distribution of stock. The Commission's complaint alleges that the defendants sought out physician investors to join Vector's medical advisory board as a ruse to solicit them to purchase stock in Vector, a developmental stage biomedical company purporting to have a patch capable of delivering insulin and other high-density molecular weight drugs through the skin. Specifically, the complaint alleges, among other things, that Vector and Salit violated the anti-fraud provisions of the federal securities laws by making false and misleading statements and omissions of material fact to prospective investors concerning: (i) Vector's acquisition of revolutionary, patented, transdermal technology; (ii) Vector's impending initial public offering (IPO); (iii) Vector's purported success in clinical trials; and, (iv) Vector's payment of sales commissions from the offering proceeds. The Complaint also alleges that Vector and Salit aided and abetted violations of the broker-dealer registration provisions committed by J. Farnell, M. Farnell, Zimmerman and Wasser, who acted as unregistered broker-dealers by soliciting investors to purchase Vector stock. The complaint further alleges that defendants J. Farnell, Zimmerman and Wasser had direct communications with prospective investors wherein they made numerous false and misleading statements and omissions concerning: (i) Vector's transdermal patch technology; (ii) Vector's impending IPO; (iii) Vector's current and future valuation; and, (iv) Vector's payment of sales commissions. Similarly, the complaint alleges, among other things, that M. Farnell wrote the initial sales script used to solicit prospective investors which falsely represented that Vector had a firm commitment for an IPO at $10 per share and that he knew or was reckless in not knowing that Vector was paying undisclosed sales commissions on investor funds raised. Further, the complaint alleges that Vector did not own the rights to the transdermal technology as represented to prospective investors in Vector's offering materials and in solicitations by Vector's sales agents. The Complaint also alleges that Vector had no firm commitment for an IPO of Vector stock as represented to prospective investors by the Farnells, Zimmerman and Wasser. Finally, the complaint alleges that the business valuation report distributed to prospective investors was also materially false and misleading because it failed to include the assumptions on which the report was based. Accordingly, the complaint alleges that Vector and Salit violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5, thereunder, and that Vector and Salit aided and abetted the sales agents violations of Section 15 (a) of the Exchange Act. Additionally, the complaint alleges that J. Farnell, M. Farnell, Zimmerman and Wasser violated Sections 5(a), 5(c) and 17(a) of the Securities Act and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5, thereunder. [SEC v. Vector Medical Technologies, Inc., Michael H. Salit, James P. Farnell, Michael J. Farnell, David A. Zimmerman and Stanley B. Wasser, Civil Action No. 03-80858-CIV-HURLEY, SD Fla.] (LR- 18348) INVESTMENT COMPANY ACT RELEASES NUVEEN REAL ESTATE INCOME FUND, ET AL. An order has been issued on an application filed by Nuveen Real Estate Income Fund, et al. under Section 6(c) of the Investment Company Act for an exemption from Section 19(b) of the Act and Rule 19b-1 under the Act. The order permits certain registered closed-end management investment companies to make periodic distributions of long-term capital gains, as often as monthly, on their outstanding common stock and as often as distributions are specified in the terms of any series of preferred stock outstanding. (Rel. IC-26177 - September 11) SELF-REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-EMCC-2003-01) filed by Emerging Markets Clearing Corporation under Section 19(b)(1) of the Exchange Act. The proposed rule amends the general standards for continued membership in EMCC's Rule 2, Section 7, by allowing an EMCC member to include the capital of an affiliate to meet its EMCC capital requirement if the affiliate provides EMCC with a satisfactory guarantee. Publication of the order is expected in the Federal Register during the week of September 15. (Rel. 34-48465) The Commission approved a proposed rule change (SR-CBOE-2003-08) filed by the Chicago Board Options Exchange seeking to adopt a limited exemption from maximum bid/ask differentials on a pilot basis. (Rel. 34-48471) The Commission approved proposed rule change and Amendments No. 1, 2, and 3 and issued notice of filing and order granting accelerated approval of Amendments no. 4 and 5 thereto (SR-PHLX-2002-86) submitted by the Philadelphia Stock Exchange relating to the Automatic Execution of Booked Customer Limit Orders. Publication of the proposal is expected in the Federal Register during the week of September 15. (Rel. 34-48472) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change and Amendment No. 1 thereto filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., to modify NASD Rules 4614, 4619, 4620, 4624, 4625, 5106, 6350 and 11890 (SR-NASD-2003-125) has become effective under Section 19(b)(3)(A)(i) and (iii) of the Securities Exchange Act of 1934. Publication of the notice is expected in the Federal Register during the week of September 15. (Rel. 34-48466) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-Amex-2003-72) filed by the American Stock Exchange relating to the listing and trading of Trust Certificates Linked to a Basket of Investment Grade Fixed Income Securities. Publication of the proposal is expected in the Federal Register during the week of September 15. (Rel. 34-48484) 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 SURREY BANCORP, 0 ($666,996.00) Equity, (File 333-108676 - Sep. 11) (BR. ) S-8 SURREY BANCORP, 0 ($705,540.00) Equity, (File 333-108677 - Sep. 11) (BR. ) S-3 EXACT SCIENCES CORP, 100 CAMPUS DRIVE, MARLBOROUGH, MA, 01752, 5086831200 - 0 ($100,000,000.00) Equity, (File 333-108679 - Sep. 11) (BR. 01) S-8 DEVELOPERS DIVERSIFIED REALTY CORP, 3300 ENTERPRISE PARKWAY, BEACHWOOD, OH, 44122, 2167555500 - 3,227,200 ($96,009,200.00) Equity, (File 333-108681 - Sep. 11) (BR. 08) S-8 DIVERSIFIED FINANCIAL RESOURCES CORP, SANDRA JORGENSEN, 1771 WOLVISON WAY, SAN DIEGO, CA, 92154, 6195757904 - 2,000,000 ($3,860,000.00) Equity, (File 333-108682 - Sep. 11) (BR. 07) S-8 CNB HOLDINGS INC /GA/, 7855 NORTH POINT PARKWAY, SUITE 200, ALPHARETTA, GA, 30022-4849, 7706508262 - 185,000 ($2,173,750.00) Equity, (File 333-108683 - Sep. 11) (BR. 07) S-8 CNB HOLDINGS INC /GA/, 7855 NORTH POINT PARKWAY, SUITE 200, ALPHARETTA, GA, 30022-4849, 7706508262 - 115,000 ($1,351,250.00) Equity, (File 333-108684 - Sep. 11) (BR. 07) S-3 COLLEGE LOAN CORP TRUST I, 1100 N MARKET ST, WILMINGTON, DE, 19890, 302-636-6071 - 1,300,000,000 ($1,300,000,000.00) Asset-Backed Securities, (File 333-108685 - Sep. 11) (BR. 05) S-8 MICRON ENVIRO SYSTEMS INC, 789 WEST PENDER ST, SUITE 1250, VANCOUVER BC, A1, V6C 1H2, 6046466903 - 3,000,000 ($60,000.00) Equity, (File 333-108686 - Sep. 11) (BR. 06) S-8 QUANEX CORP, 1900 W LOOP S STE 1500, ATTN THOMAS M BEWLEY, HOUSTON, TX, 77027, 7139614600 - 0 ($39,702,000.00) Other, (File 333-108687 - Sep. 11) (BR. 06) S-3 LAMAR ADVERTISING CO/NEW, C/O LAMAR ADVERTISING COMPANY, 5551 CORPORATE BOULEVARD, BATON ROUGE, LA, 70808, 2259261000 - 0 ($288,000,000.00) Other, (File 333-108688 - Sep. 11) (BR. 02) S-4 LAMAR ADVERTISING CO/NEW, C/O LAMAR ADVERTISING COMPANY, 5551 CORPORATE BOULEVARD, BATON ROUGE, LA, 70808, 2259261000 - 0 ($117,654,269.58) Equity, (File 333-108689 - Sep. 11) (BR. 02) SB-2 TRAVEL HUNT HOLDINGS INC, 3237 NE 10TH STREET 2, POMPANO BEACH, FL, 33062, 5613088557 - 130,500 ($13,050.00) Equity, (File 333-108690 - Sep. 11) (BR. 09) N-2 MBIA CAPITAL CLAYMORE MAN DUR INV GRD MUNI FUND, 113 KING STREET, ARMONK, NY, 10504, 0 ($1,000,000.00) Equity, (File 333-108691 - Sep. 11) (BR. 22) S-8 NEW YORK HEALTH CARE INC, 1850 MCDONALD AVE, BROOKLYN, NY, 11223, 7184210500 - 0 ($12,423,150.00) Equity, (File 333-108692 - Sep. 11) (BR. 01) S-4 TEXAS GAS TRANSMISSION CORP, 3800 FREDERICA, P O BOX 1160, OWENSBORO, KY, 42301, 5029268686 - 0 ($434,522,700.00) Non-Convertible Debt, (File 333-108693 - Sep. 11) (BR. 02) N-2 ELLSWORTH CONVERTIBLE GROWTH & INCOME FUND INC, 65 MADISON AVENUE, SUITE 550, MORRISTOWN, NJ, 07960, (973) 631-1177 - 1,751,657 ($14,100,838.85) Equity, (File 333-108694 - Sep. 11) (BR. 17) S-1 BUFFALO WILD WINGS INC, 1919 INTERCHANGE TOWER, 600 SOUTH HIGHWAY 169, MINNEAPOLIS, MN, 55426, 6125939943 - 0 ($46,000,000.00) Equity, (File 333-108695 - Sep. 11) (BR. 05) S-8 KORN FERRY INTERNATIONAL, 1800 CENTURY PARK EAST, STE 900, LOS ANGELES, CA, 90067, 3105521834 - 1,500,000 ($15,675,000.00) Equity, (File 333-108696 - Sep. 11) (BR. 08) S-3 MELLON FINANCIAL CORP, ONE MELLON BANK CTR, 500 GRANT ST, PITTSBURGH, PA, 15258-0001, 4122345000 - 0 ($11,792,235.00) Equity, (File 333-108697 - Sep. 11) (BR. 07) S-8 ROANOKE TECHNOLOGY CORP, 539 BECKER DRIVE, ROANOKE RAPIDS, NC, 27870, 2525379222 - 14,000,000 ($56,000.00) Equity, (File 333-108698 - Sep. 11) (BR. 08) S-8 WATTS INDUSTRIES INC, 815 CHESTNUT ST, NORTH ANDOVER, MA, 01845, 9786881811 - 0 ($1,000,000.00) Other, (File 333-108699 - Sep. 11) (BR. 06) S-8 MEDQUIST INC, FIVE GREENTREE CENTRE STE 311, STATE HIGHWAY 73 N, MARLTON, NJ, 08053, 8568108000 - 1,500,000 ($29,955,000.00) Equity, (File 333-108700 - Sep. 11) (BR. 03) S-3 PROTEIN DESIGN LABS INC/DE, 34801 CAMPUS DR, FREMONT, CA, 94555, 5105741400 - 0 ($250,000,000.00) Other, (File 333-108701 - Sep. 11) (BR. 01) S-8 COGENT COMMUNICATIONS GROUP INC, 1015 31ST STREET, WASHINGTON, DC, 20007, 2022954200 - 0 ($2,745,951.00) Other, (File 333-108702 - Sep. 11) (BR. 03) S-4 DRS TECHNOLOGIES INC, 3RD FLOOR, 5 SYLVAN WAY, PARSIPPANY, NJ, 07054, 9738981500 - 0 ($103,760,384.32) Equity, (File 333-108704 - Sep. 11) (BR. 05) S-3 DEERE JOHN CAPITAL CORP, FIRST INTERSTATE BANK BUILDING, 1 EAST FIRST STREET, SUITE 600, RENO, NV, 89501, (702) 786-5527 - 0 ($3,000,000,000.00) Other, (File 333-108705 - Sep. 11) (BR. 07) F-6 COMERCIAL MEXICAN HOLDING /ADR, 111 WALL ST, CITIBANK N A, NEW YORK, NY, 10043, 2126577531 - 10,000,000 ($500,000.00) ADRs/ADSs, (File 333-108706 - Sep. 11) (BR. ) S-3 GERON CORPORATION, 230 CONSTITUTION DRIVE, MENLO PARK, CA, 94025, 6504737700 - 200,000 ($1,726,000.00) Equity, (File 333-108707 - Sep. 11) (BR. 01) S-4 BALL CORP, 10 LONGS PEAK DRIVE, BROOMFIELD, CO, 80021-2510, 3034695511 - 0 ($250,000,000.00) Non-Convertible Debt, (File 333-108708 - Sep. 11) (BR. 06) S-8 ESSEX CORPORATION, 9150 GILFORD RD, COLUMBIA, MD, 21046, 3019397000 - 494,772 ($3,037,900.08) Equity, (File 333-108709 - Sep. 11) (BR. 06) S-3 MEDIMMUNE INC /DE, 35 W WATKINS MILL RD, GAITHERSBURG, MD, 20878, 3014170770 - 0 ($500,000,000.00) Debt Convertible into Equity, (File 333-108710 - Sep. 11) (BR. 01) S-3 LEHMAN BROTHERS INC//, 2125267000 - 0 ($34,794,380.00) Other, (File 333-108711 - Sep. 11) (BR. 07) S-3 WESTERN MASSACHUSETTS ELECTRIC CO, 174 BRUSH HILL AVE, WEST SPRINGFIELD, MA, 01089, 4137855871 - 0 ($110,000,000.00) Non-Convertible Debt, (File 333-108712 - Sep. 11) (BR. 02) S-3 INTUITIVE SURGICAL INC, 4085232100 - 0 ($100,000,000.00) Equity, (File 333-108713 - Sep. 11) (BR. 36) S-4 SOVEREIGN BANCORP INC, 2000 MARKET ST, PHILADELPHIA, PA, 19103, 2155574630 - 12,767,625 ($240,568,705.00) Equity, (File 333-108714 - Sep. 11) (BR. 07) SB-2 G2 VENTURES INC, 14110 N DALLAS PARKWAY, SUITE 365, DALLAS, TX, 75254, 9727269203 - 1,500,000 ($75,000.00) Debt Convertible into Equity, (File 333-108715 - Sep. 11) (BR. ) S-8 AVANIR PHARMACEUTICALS, 11388 SORRENTO VALLEY ROAD, STE 200, SAN DIEGO, CA, 92121, 8586225200 - 2,500,000 ($4,225,000.00) Equity, (File 333-108716 - Sep. 11) (BR. 01) S-3 VERTICALNET INC, 400 CHESTER FIELD PARKWAY, MALVERN, PA, 19355, 2153286100 - 0 ($1,966,500.00) Equity, (File 333-108717 - Sep. 11) (BR. 02) S-3 APPLIED FILMS CORP, 9586 I-25 FRONTAGE ROAD, LONGMONT, CO, 80504, 303-774-3200 - 0 ($103,017,000.00) Equity, (File 333-108718 - Sep. 11) (BR. 36) S-3 ADVANCED MEDICAL OPTICS INC, 1700 E. ST. ANDREW PL., SANTA ANA, CA, 92705, 714-247-8200 - 6,816,796 ($140,000,000.00) Debt Convertible into Equity, (File 333-108719 - Sep. 11) (BR. 02) F-9 NORANDA INC, BCE PLACE, 181 BAY STREET, SUITE 200, TORONTO, A6, M5J 2T3, 416-982-7115 - 0 ($600,000,000.00) Other, (File 333-108720 - Sep. 11) (BR. 04) S-1 DOV PHARMACEUTICAL INC, 433 HACKENSACK AVENUE, HACKENSACK, NJ, 07601, 2019680980 - 0 ($21,571,531.00) Equity, (File 333-108721 - Sep. 11) (BR. 01) S-3 WESTERN WIRELESS CORP, 3650 131 ST AVENUE SE, SUITE 400, BELLEVUE, WA, 98006, 4255868700 - 0 ($115,000,000.00) Debt Convertible into Equity, (File 333-108722 - Sep. 11) (BR. 37) S-3 WESTERN WIRELESS CORP, 3650 131 ST AVENUE SE, SUITE 400, BELLEVUE, WA, 98006, 4255868700 - 0 ($300,000,000.00) Unallocated (Universal) Shelf, (File 333-108723 - Sep. 11) (BR. 37) 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 10 11 12 13 DATE COMMENT ------------------------------------------------------------------------------------------------ ABN AMRO MORTGAGE CORP MULTI CLA MOR DE X 08/28/03 ACRES GAMING INC NV X X 09/10/03 ACTION PRODUCTS INTERNATIONAL INC FL X X 08/27/03 ACTRADE FINANCIAL TECHNOLOGIES LTD DE X X 09/11/03 ADVANSTAR COMMUNICATIONS INC NY X X 09/11/03 ADVANSTAR INC DE X X 09/11/03 AEI REAL ESTATE FUND XV LTD PARTNERSH DE X X 08/27/03 ALCAN INC A6 X 09/11/03 ALION SCIENCE & TECHNOLOGY CORP DE X 09/05/03 ALTERNATIVE LOAN TRUST MORT PASS THRO DE X X 08/25/03 AMBIENT CORP /NY DE X 09/11/03 AMERICA WEST HOLDINGS CORP DE X X 09/10/03 AMERICAN MEDICAL SECURITY GROUP INC WI X X 09/10/03 APOGEE ENTERPRISES INC MN X X X 09/10/03 AZONIC CORP NV X X 09/05/03 BERKLEY W R CORP DE X X 09/09/03 BLACKSTOCKS DEVELOPMENT CORP DE X 09/11/03 AMEND BOWLIN TRAVEL CENTERS INC NV X X 09/11/03 BOWNE & CO INC DE X X 09/11/03 BRIGHTPOINT INC DE X X 09/10/03 CALTON INC NJ X X 08/29/03 CAMPBELL SOUP CO NJ X 09/11/03 CANADA SOUTHERN PETROLEUM LTD CT X 09/10/03 CAPITAL ONE FUNDING LLC X X 09/03/03 CARIBBEAN CLUBS INTERNATIONAL INC UT X X 09/11/03 CASCADE BANCORP OR X X 09/09/03 CASELLA WASTE SYSTEMS INC DE X 09/10/03 CATUITY INC DE X 09/11/03 CBRL GROUP INC TN X X X 09/11/03 CENDANT MORTGAGE CAPITAL LLC DE X X 09/11/03 CENTURY PROPERTIES FUND XIX CA X X 08/28/03 CENTURY PROPERTIES FUND XIX CA X X 08/28/03 AMEND CHAMPIONSHIP AUTO RACING TEAMS INC DE X 09/10/03 CHASE MORTGAGE FINANCE CORP DE X X 08/28/03 CIMA LABS INC DE X X 09/11/03 CINCINNATI BELL INC OH X 09/11/03 COEUR D ALENE MINES CORP ID X 09/11/03 CORIXA CORP DE X X 09/11/03 COVEST BANCSHARES INC DE X X 09/11/03 CRIIMI MAE FINANCIAL CORP MD X X 09/01/03 CSFB MORTGAGE SEC CORP HOME EQ PASS T DE X X 08/25/03 CWMBS INC DE X X 09/11/03 CWMBS INC DE X X 09/11/03 CWMBS INC DE X X 09/11/03 DATATEC SYSTEMS INC DE X X 09/11/03 DEUTSCHE ALT-A SECURITIES INC X X 07/16/03 DONNKENNY INC DE X X 08/26/03 AMEND DUSA PHARMACEUTICALS INC NJ X X 09/10/03 E CITYSOFTWARE INC NV X 09/03/03 ELAMEX SA DE CV X 09/03/03 ENCYSIVE PHARMACEUTICALS INC DE X X 09/11/03 EVERGREENBANCORP INC WA X X 09/05/03 EXACT SCIENCES CORP DE X 09/11/03 EXEGENICS INC DE X 09/09/03 EXMAILIT COM NV X X X X 09/11/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 09/11/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 08/11/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 08/11/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 08/11/03 FIRST CONSULTING GROUP INC DE X X 09/10/03 FIRST UNION COMMERCIAL MORTGAGE SECUR NC X 08/18/03 FLOW INTERNATIONAL CORP WA X X 09/10/03 FPL GROUP INC FL X 09/11/03 FURNITURE BRANDS INTERNATIONAL INC DE X X 09/11/03 GAMES INC DE X 09/09/03 GE FINANCIAL ASSURANCES HOLDINGS INC DE X X 09/11/03 GENZYME CORP MA X 09/11/03 GLADSTONE CAPITAL CORP MD X X 09/11/03 GREIF INC DE X 09/11/03 HALSEY DRUG CO INC/NEW NY X X 08/14/03 HARRAHS ENTERTAINMENT INC DE X X X 09/10/03 HARSCO CORP DE X X 09/08/03 HEALTHSOUTH CORP DE X 09/11/03 HILTON HOTELS CORP DE X X 09/11/03 HINES HORTICULTURE INC DE X X X 09/10/03 HINES HORTICULTURE INC DE X X 09/11/03 HINES HORTICULTURE INC DE X X X 09/11/03 IDIAL NETWORKS INC NV X X 09/11/03 AMEND INDEPENDENT BANK CORP MI X 09/11/03 INDYMAC MBS INC ASSET SECUR TRUST 200 X X 07/28/03 INTEGRITY FINANCIAL CORP NC X 09/11/03 INTEGRITY FUNDS DE X 09/05/03 INTERNATIONAL PAPER CO /NEW/ NY X X 09/09/03 INTERNATIONAL WHITE TEA CO NV X X 08/27/03 INTERNATIONAL WIRELESS INC MD X X X 08/29/03 INTERSTATE POWER & LIGHT CO IA X X 09/10/03 INTERVOICE INC TX X X 09/11/03 J2 GLOBAL COMMUNICATIONS INC DE X X 09/11/03 KENTUCKY ELECTRIC STEEL INC /DE/ DE X X 09/04/03 KEYCORP /NEW/ OH X 09/10/03 KINGDOM VENTURES INC NV X X 09/09/03 KLAMATH FIRST BANCORP INC OR X 09/10/03 AMEND LA-Z-BOY INC MI X 09/11/03 LANTRONIX INC DE X 09/10/03 LEXAR MEDIA INC CA X X 09/10/03 LEXINGTON PRECISION CORP DE X X 09/11/03 LIFE SCIENCES RESEARCH INC MD X 09/09/03 LIONS GATE INVESTMENT LTD NV X X X 09/11/03 AMEND MACK CALI REALTY CORP MD X 09/11/03 MACK CALI REALTY L P DE X 09/11/03 MANATRON INC MI X X 09/11/03 MEDICALCV INC MN X X 09/11/03 MELLON BANK N A MA X 09/09/03 MELLON BANK N A MA X 09/09/03 MERITAGE HOSPITALITY GROUP INC MI X X 09/10/03 METHODE ELECTRONICS INC DE X X 09/09/03 METLIFE INC DE X X 09/11/03 MGM MIRAGE DE X X 09/11/03 MICROHELIX INC OR X X 09/10/03 MICROISLET INC NV X X 09/11/03 MICRON ENVIRO SYSTEMS INC NV X 09/10/03 MOHEGAN TRIBAL GAMING AUTHORITY X X 09/11/03 MOOG INC NY X X 09/11/03 NATIONAL HEALTH INVESTORS INC MD X 09/10/03 NATIONAL HEALTH REALTY INC MD X 09/10/03 NII HOLDINGS INC DE X X 09/11/03 NUCENTRIX BROADBAND NETWORKS INC DE X X X 09/05/03 OHIO CASUALTY CORP OH X X 09/11/03 ONE LIBERTY PROPERTIES INC MD X 07/24/03 AMEND ORASURE TECHNOLOGIES INC DE X X 09/11/03 PENNROCK FINANCIAL SERVICES CORP PA X 09/09/03 PEOPLESOFT INC DE X X 07/18/03 AMEND PHOTOGEN TECHNOLOGIES INC NV X 09/08/03 PMA CAPITAL CORP PA X 09/11/03 PNM RESOURCES INC NM X 09/11/03 PORTAL SOFTWARE INC DE X X 09/03/03 POWER MARKETING INC DE X 09/09/03 PRIMEDIA INC DE X X 09/11/03 QUEPASA CORP NV X 09/09/03 RADIAN GROUP INC DE X 09/11/03 REALTY PARKING PROPERTIES LP DE X 08/29/03 RENEGADE VENTURE NEV CORP CO X X 07/21/03 REPUBLIC ENGINEERED PRODUCTS HOLDINGS X X 09/11/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 09/11/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 09/11/03 RESIDENTIAL FUNDING MORTGAGE SECURITI DE X X 09/11/03 SABINE ROYALTY TRUST TX X X 09/05/03 SATCON TECHNOLOGY CORP DE X 09/10/03 SCHEIB EARL INC DE X X 09/10/03 SHIRE PHARMACEUTICALS GROUP PLC X X 09/11/03 SI INTERNATIONAL INC X 09/11/03 SIMULA INC AZ X X 09/11/03 SKILLSOFT PUBLIC LIMITED CO X 09/10/03 SLI INC OK X X 09/02/03 SMART & FINAL INC/DE DE X 09/10/03 SOS STAFFING SERVICES INC UT X X 09/11/03 STEELCLOUD INC VA X X 09/10/03 SUN HYDRAULICS CORP FL X X 09/10/03 TARANTELLA INC CA X X 09/08/03 TECO ENERGY INC FL X X 09/10/03 TENNECO AUTOMOTIVE INC DE X X 09/10/03 THERMOGENESIS CORP DE X 09/02/03 TRICELL INC NV X X 09/04/03 VILLAGEWORLD COM INC NY X 09/10/03 WELLS REAL ESTATE INVESTMENT TRUST IN DE X 09/11/03 WESTERN WIRELESS CORP WA X 09/11/03 WESTERN WIRELESS CORP WA X 09/11/03 WESTPOINT STEVENS INC DE X 08/29/03 YOUTHSTREAM MEDIA NETWORKS INC DE X X 09/08/03 ZIONS BANCORPORATION /UT/ UT X X 09/10/03