SEC NEWS DIGEST Issue 2003-188 October 2, 2003 COMMISSION ANNOUNCEMENTS KIMBERLY RODGERS SELECTED AS ACADEMIC SCHOLAR IN OFFICE OF ECONOMIC ANALYSIS The Commission's Office of Economic Analysis today announced the appointment of Kimberly J. Rodgers as a visiting academic scholar for a one-year term. Professor Rodgers is currently a faculty member in the finance department of the Smeal College of Business at the Pennsylvania State University. Rodgers, 31, earned her B.A. in Business Administration from the University of Nebraska in 1994 and earned her Ph.D. in Finance from Purdue University in August 2000. Her academic research examines information production by non-bank intermediaries, the influence of capital structure and operating performance on reorganization in Chapter 11, and the role of investment banks in tender offers. She is also interested in issues related to corporate governance and ownership structure. She has presented her research at the annual meetings of the American Finance Association, the European Finance Association, and the Financial Management Association and has papers under review at the Journal of Financial and Quantitative and Analysis. While at the Commission, Dr. Rodgers will provide empirical analysis to help the Commission understand the economic effects of its regulatory policy relating to credit ratings, the Nationally Recognized Statistical Rating Organization designation, and other areas as dictated by SEC priorities. As part of her duties, she will also conduct independent research in areas concerning corporate governance and bankruptcy. (Press Rel. 2003-130) DIVISION OF CORPORATION FINANCE SELECTS MARY GREENAWALT AS ACADEMIC ACCOUNTING FELLOW The Commission's Division of Corporation Finance recently selected Mary Brady Greenawalt as the academic accounting fellow for a one-year term beginning August 2003. Professor Greenawalt holds the First Union National Bank Chair in accounting at Francis Marion University in Florence, S.C. She teaches financial accounting, auditing, and managerial accounting. Previously at The Citadel in Charleston, S.C., for twelve years, she has also been an accounting professor at Guilford College and Virginia Tech. Dr. Greenawalt earned an AB from Duke University, an MBA at the University of North Carolina-Chapel Hill, and a Ph.D. at the University of Georgia. She is a Certified Public Accountant and a Certified Internal Auditor. Her research interests include various issues concerning accounting, including accounting estimates; auditing; ethics; and accounting and auditing education. Journals and books in which Dr.Greenawalt's articles appear include the Journal of Financial Services Research, Managerial Auditing Journal, Ohio CPA Journal, Issues in Accounting Education, Educational Innovation in Economics and Business, and the Encyclopedia of Business and Finance. She has contributed educational cases to several casebooks and has made presentations at regional, national, and international accounting and auditing conferences. A Council member for the American Accounting Association, she is the immediate past president of the AAA's Southeast Region. While at the Commission, the academic accounting fellow addresses issues involving difficult and unusual accounting, auditing, and financial reporting questions; reviews filings by public companies to identify significant accounting and disclosure problems; and participates in research projects pertaining to current financial reporting issues. David B. Smith, the previous academic accounting fellow in the Division of Corporation Finance, has returned to Iowa State University after twelve months at the SEC. (Press Rel. 2003-131) ENFORCEMENT PROCEEDINGS SEC SUSPENDS FORMER CFO OF MEDI-HUT The Commission today issued a settled order suspending Laurence M. Simon from appearing or practicing before the Commission as an accountant. On Aug. 19, 2003, the Commission filed a settled civil action against Simon and others. For further information see Litigation Release 18296 (Aug. 19, 2003). (Rel. 34-48580; AAE Rel. 1885; File No. 3-11291) ALFRED BARR AND BARR FINANCIAL GROUP SANCTIONED The Commission has sanctioned the Barr Financial Group, Inc., an investment adviser, and Alfred E. Barr, Barr Financial's president based on violations of the Investment Advisers Act of 1940. The Commission found that respondents made untrue statements of material fact in Commission filings during 1997 and 1998. Respondents' statements concerned the amount of assets Barr Financial had under management and Barr's academic background. The Commission further found that respondents were permanently enjoined in 1999 from violating the Advisers Act based on their failure to cooperate with an examination of Barr Financial by Commission staff. Based on these findings, the Commission ordered respondents to cease and desist from violating the Advisers Act provisions they had been found to have violated, barred Barr from associating with an investment adviser, and revoked Barr Financial's registration. According to the Commission, respondents engaged in serious misconduct, failing to provide truthful disclosure in Commission filings and to cooperate with Commission examinations. Respondents' violations were repeated over several years and, with respect to their failure to cooperate, occurred despite clear warnings from the Commission's staff about the obligation to cooperate and led to respondents' being enjoined from future violations of the Advisers Act. (Rel. IA-2179; File No. 3- 9918) IN THE MATTER OF STEVEN MARKOVITZ On October 1, the Commission issued an Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Section 21C of the Securities Exchange Act of 1934, Section 203(f) of the Investment Advisers Act of 1940, and Sections 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings and Imposing Remedial Sanctions (Order) against Steven B. Markovitz (Markovitz). The Order finds that Markovitz engaged in late trading of mutual fund shares through at least three registered broker- dealers. The Order further finds that by engaging in late trading, Markovitz willfully violated Section 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 willfully aided and abetted and caused violations of Rule 22c-1(a) under Section 22(c) of the Investment Company Act of 1940. Based on the above, the Order: (1) requires Markovitz to cease-and- desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Rule 22c-1(a) of the Investment Company Act; and (2) bars Markovitz from association with any investment adviser, and prohibits him from serving or acting as an employee, officer, director, member of an advisory board, investment adviser or depositor of, or principal underwriter for, a registered investment company or affiliated person of such investment adviser, depositor, or principal underwriter. Markovitz consented to the issuance of the Order without admitting or denying the findings therein. (Rels. 33-8298; 34-48588; IA-2180; IC-26201; File No. 3-11292; Press Rel. 2003-132) COMMISSION INSTITUTES ADMINISTRATIVE PROCEEDING TO HALT PUMP AND DUMP SCHEMES INVOLVING CLASSICA GROUP, INC. AND MARX TOYS AND ENTERTAINMENT CORP. The Commission today instituted public administrative and cease-and- desist proceedings pursuant to Section 8A of the Securities Act of 1933 (Securities Act) and Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Exchange Act), against: * Rubin Investment Group, Inc. (RIG), a California corporation with offices in New York, NY, Los Angeles, CA, and Lake Helen, FL. RIG holds itself out as an investment bank. * Scott Halperin (Halperin), age 41, a resident of Manalapan, New Jersey. He is Chairman of the Board and Chief Executive Officer of The Classica Group, Inc. (Classica), and the former Chairman of the Board for Stereoscape.com, Inc. which was the predecessor company to Marx Toys and Entertainment Corp. (MRXT). * Daniel Rubin (Rubin), age 31, a resident of Lake Helen, Florida. Rubin is president of RIG. * Andrew Saksa (Saksa), age 37, a resident of Lake Helen, Florida. Saksa is an employee of RIG. * Robert LoMonaco (LoMonaco), age 56, a resident of Monmouth Beach, New Jersey. He was appointed Chief Executive Officer of MRXT on or about September 11, 2003. In the Order Instituting Proceedings (Order), the Division of Enforcement alleges that RIG, Halperin, Rubin, Saksa, and LoMonaco (collectively, the Respondents), from in or about August 2003 through the present, engaged in fraudulent and manipulative practices to inflate artificially the demand for, and the share price of, Classica and MRXT, two penny stocks. The respondents have engaged in this misconduct so that they can profit by selling their own shares of Classica and MRXT stock at inflated prices. Classica As part of this conduct, Respondents Halperin, RIG, Rubin, and Saksa schemed to manipulate the price of Classica stock by transferring shares of purportedly free-trading Classica stock to accounts controlled by RIG in exchange for RIG's agreement to artificially inflate Classica's stock price. On August 29, 2003, Classica, through Halperin, entered into a purported "merger and acquisition advisor agreement" with RIG for the stated purpose of effecting a merger or other business combination between Classica and another corporate entity. The agreement called for Classica to give RIG an option to purchase 1.2 million shares of Classica stock at a discount. On August 27 and 29, RIG received a total of 1.8 million shares from Classica. In truth, neither Halperin, RIG, Rubin nor Saksa intended that RIG would perform services regarding Classica other than to artificially inflate the price of Classica stock. Halperin's transfer of the 1.8 million shares from Classica to RIG was effected pursuant to a Form S-8 Registration Statement that Halperin caused Classica to file with the Commission on or about August 27, 2003. The Form S-8 purported to register shares issued pursuant to Classica's 2002 Incentive and Non-Qualified Stock Option Plan, the stated purpose of which was to provide incentive for Classica employees by providing them with an opportunity for investment. The Division of Enforcement alleges that Classica's registration of the 1.8 million shares on Form S-8 was fraudulent and violated the registration provisions of the Securities Act because the true purpose of RIG's engagement was to inflate Classica's stock price and the purpose of Classica's issuance of the 1.8 million shares was to compensate RIG, Rubin, and Saksa for manipulating Classica stock. In stating that the Incentive and Non-Qualified Stock Option Plan had the purpose of providing an incentive for Classica employees, the Form S-8 was false and misleading. At or around the time of these transactions described above, Classica's stock price increased 100% in one day on August 27, 2003. Moreover, on September 12, 2003, Halperin caused Classica to file a Form 8-K announcing Classica's relationship with RIG and stating that the purpose of the "merger and acquisition advisor agreement" was for RIG to effect an acquisition of or other business combination between Classica and other corporate entities. This representation was false, because the sole purpose of RIG's affiliation with Classica was to help boost Classica's stock price. MRXT Respondents Halperin, RIG, Rubin, Saksa, and LoMonaco schemed to manipulate the price of MRXT stock by transferring shares of purportedly free-trading stock to accounts controlled by RIG in exchange for RIG's agreement to artificially inflate MRXT's stock price. On or about August 29, 2003, MRXT, at the direction of Halperin, entered into a purported "Investment Banking Agreement" with RIG in which RIG agreed to provide "merger and acquisition advisory and consulting services" to MRXT in exchange for MRXT's transfer of 6.8 million discounted shares of MRXT stock. In truth, neither Halperin, RIG, Rubin nor Saksa intended that RIG would perform any services regarding MRXT other than to artificially inflate the price of MRXT stock. At Halperin's direction, MRXT filed a Form S-8 Registration Statement on August 29, 2003, purportedly registering 8 million shares of common stock issuable under its 1998 Incentive and Non-Qualified Stock Option Plan, the stated purpose of which was to provide incentive for MRXT employees by providing them with an opportunity for investment. While 6.8 million shares were transferred to RIG, the additional 1.2 million shares were transferred to Halperin and two other Classica employees. At or around the time of these transactions, MRXT's stock price began to move. On September 18, 2003, MRXT's price increased 100%, from 7 to 14 cents on no news. The Division of Enforcement alleges that MRXT's purported registration of the 8 million shares on Form S-8 was fraudulent and violated the registration provisions of the Securities Act, because the purpose of RIG's engagement and Halperin's involvement was to inflate MRXT's stock price and the sole purpose of the issuance of discounted stock to RIG and Halperin was to compensate RIG, Halperin, Rubin, and Saksa for manipulating MRXT stock. In addition, LoMonaco, MRXT's CEO, knew that Halperin engaged RIG, Rubin and Saksa to inflate MRXT's stock price and negotiated the amount of funding that they would provide to MRXT in exchange for the purportedly free-trading stock RIG received. Shortly thereafter, LoMonaco acknowledged that he would pay Halperin a kickback from MRXT for having procured RIG's investment in the company. Violations The Order alleges that Respondents RIG, Halperin, Rubin, Saksa and LoMonaco willfully violated, and committed or caused the violation of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder. The Order further alleges that Respondents RIG, Halperin, Rubin and Saksa willfully violated, and committed or caused the violation of Sections 5(a) and 5(c) of the Securities Act, A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Respondents an opportunity to dispute these allegations, and to determine what, if any, remedial sanctions should be imposed against Respondents. (Rels. 33-8299; 34-48589; File No. 3-11293) SEC FILES COMPLAINT CHARGING INVESTMENT ADVISER WITH FRAUDULENT TRADE ALLOCATION SCHEME The Commission filed a civil complaint this morning in U.S. District Court in Los Angeles charging Paul Joseph Sheehan with securities fraud and investment adviser fraud. Sheehan allegedly carried out a fraudulent "trade allocation" scheme known as "cherry-picking." Separately from the Commission's action, Sheehan was arrested this morning by FBI agents on a charge of investment advisory fraud. The Commission's action and the criminal case allege that Sheehan fraudulently allocated profitable securities trades to his own personal accounts at the expense of his clients' accounts. From at least April 1999 until September 2000, Sheehan "cherry-picked" at least $7.4 million in profitable day trades for himself and thereby stole economic opportunities that rightfully belonged to his clients. Sheehan, without admitting or denying the allegations of the Commission's complaint, consented to the entry of a permanent injunction. Sheehan, 64, of West Hollywood, an investment adviser formerly registered with the Commission, operated Paul J. Sheehan & Associates in West Hollywood until early 2003. Sheehan provided investment management services to individuals, pension and profit-sharing plans, trusts, estates, charitable organizations, and corporations. In the criminal complaint that was filed late yesterday, also in United States District Court in Los Angeles, Sheehan was charged with one count of fraud by an investment adviser. These charges carry a maximum penalty of 5 years imprisonment and a fine of $250,000. Sheehan is expected to make his initial court appearance this afternoon in federal court in Los Angeles. The Commission's civil complaint and the criminal complaint filed by the United States Attorney's Office allege that Sheehan implemented the fraudulent scheme by calling in trades to executing brokers without designating whether the trades were for his own personal accounts or the accounts of his clients. After the trades were executed, the shares or trade proceeds were allocated to an account at Salomon Smith Barney. Sheehan did not instruct Salomon Smith Barney to which particular client account or personal account the shares were to be allocated until the end of the trading day, by which time Sheehan knew whether or not a day trade had been profitable. According to an affidavit in support of the criminal complaint, Sheehan's scheme was detected by a Commission accountant during an examination of Sheehan's business. The accountant found, among other things, a large disparity in profitability between Sheehan's personal accounts and his clients' accounts. Subsequent statistical analysis by a Commission economist revealed that the chance the disparity was the result of random chance was less than one in ten quadrillion. Through this scheme, Sheehan knowingly and fraudulently allocated to his own personal accounts thousands of profitable day trades that that brought him profits of approximately $7.4 million. In a required filing with the Commission, Sheehan falsely represented that he would "give absolute priority to client accounts over any [Sheehan] account when there is accumulation or disposition of a security involving a client account and the [Sheehan] account." The Commission's complaint alleges that Sheehan violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), 206(2) and 207 of the Investment Advisers Act of 1940. The complaint seeks a permanent injunction prohibiting Sheehan from committing future violations of these laws and an order directing Sheehan to disgorge his ill-gotten gains and to pay a civil monetary penalty. Sheehan consented to the entry of a judgment that permanently enjoins him from violating the above provisions. The appropriateness and amounts of disgorgement and civil penalty are to be determined by the court at a later date. Sheehan also agreed to consent to the entry of a Commission administrative order revoking his registration with the Commission as an investment adviser and barring him from associating with any investment adviser. This case is the product of an investigation by the Securities and Exchange Commission, the Federal Bureau of Investigation, and the United States Attorney's Office for the Central District of California. [SEC v. Paul Joseph Sheehan dba Paul J. Sheehan & Associates, LACV 03-7012 MMM (PJWx) (C.D. Cal.)] (LR-18386) SEC SUES THREE FORMER OFFICERS OF ANALYTICAL SURVEYS, INC. FOR FINANCIAL FRAUD The Commission announced that on October 1 it filed a complaint in the U.S. District Court for the Southern District of Indiana against Sidney V. Corder, age 61, of Zionsville, Indiana, Randal J. Sage, age 46, of Carmel, Indiana and Brian J. Yates, age 39, of Colorado Springs, Colorado, former officers of Analytical Surveys, Inc. (ASI), a Colorado corporation that provides computerized maps to customers under long-term contracts. During the relevant time period, Corder was ASI's President, Chairman and CEO, Sage was ASI's Chief Operations Officer, and Yates was ASI's Controller. According to the complaint, Corder, Sage, and Yates engaged in a fraudulent scheme that caused ASI's 1999 fiscal year revenue and net earnings to be materially inflated in press releases and periodic reports filed with the SEC through the use of several improper accounting methods. The SEC alleges that Sage caused ASI to improperly recognize revenue on long-term contracts by directing employees to: (1) "finish contracts on indirect," where employees misallocated direct costs properly attributable to contracts to indirect, or overhead, accounts; (2) engage in "cost-shifting," where employees improperly shifted future direct costs from one contract to another, when the work performed related to the first contract and did not reflect progress on the second contract; and (3) improperly lower estimates of total direct costs on certain contracts or not increase cost estimates as necessary. All of these methods were impermissible under the percentage of completion method for recognizing revenue used by ASI. Generally accepted accounting principles (GAAP) require that, under the percentage of completion method, estimated contract costs be periodically reviewed and revised to reflect accurate information. The SEC further alleges that Corder: (1) knew or was reckless in not knowing that Sage and other employees had engaged in these fraudulent accounting practices; and (2) directed employees to, among other things, finish contracts on indirect to avoid reducing revenue. Finally, the SEC alleges that Yates: (1) also knew or was reckless in not knowing about this conduct described above; and (2) approved or acquiesced in finishing contracts on indirect, including Corder's direction to employees to finish contracts on indirect. The SEC alleges that defendants' fraudulent conduct caused ASI's revenue and earnings to be materially overstated in ASI's 1999 Forms 10-Q by approximately: 5% and 60% for the 1st quarter; 7% and 89% for the 2nd quarter; and 5% and 51% for the 3rd quarter and in ASI's 1999 Form 10-K by 10% and 232%. ASI's inflated revenue and earnings figures were also included in press releases issued to the public. Thus, the SEC alleges that defendants violated the antifraud, periodic reporting, record keeping, internal controls and lying to the auditors provisions of the federal securities laws and seeks a Court order to permanently enjoin (1) defendants from violating Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5, 13b2-1 and 13b2-2 thereunder; and (2) Corder and Yates from violating Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13 thereunder and Sage from aiding and abetting violations of these provisions. The SEC also seeks an order against defendants imposing civil monetary penalties, disgorgement of ill-gotten gains and bars from serving as officers and directors of any public company. In a related administrative proceeding, on Sept. 26, 2003, the SEC ordered ASI to cease and desist from committing violations of Sections 13(a) and 13(b)(2) of the Exchange Act and Rules 12b-20, 13a-1, and 13a- 13 thereunder (reporting, books and records and internal controls provisions of the federal securities laws). ASI consented to the entry of the Order without admitting or denying the findings of the SEC. In the Order, the SEC found that ASI violated reporting, books and records, and internal controls provisions of the federal securities laws. [SEC v. Sidney V. Corder, Randal J. Sage and Brian J. Yates, Civil Action No. 1:03-CV-1436-JDT-TAB (S.D. IN)] (LR-18387; AAE Rel. 1886) INVESTMENT COMPANY ACT RELEASES THE MATRIX CAPITAL GROUP, INC., ET AL. An order has been issued on an application filed by Matrix Capital Group, et al., under Section 12(d)(1)(J) of the Investment Company Act granting an exemption from Sections 12(d)(1)(A), (B), and (C) of the Act and under Sections 6(c) and 17(b) of the Act granting an exemption from Section 17(a) of the Act. The order permits certain registered unit investment trusts to acquire shares of registered management investment companies and unit investment trusts both within and outside the same group of investment companies. (Rel. IC-26197 - September 30) WNC HOUSING TAX CREDIT FUND VI, L.P., SERIES 11 AND SERIES 12 (SERIES), AND WNC & NATIONAL PARTNERS, LLC, ET AL. A notice has been issued giving interested persons until October 24 to request a hearing on an application filed by WNC Housing Tax Credit Fund VI, L.P., Series 11 and Series 12 (Series), and WNC & National Partners, LLC, for an order under Sections 6(c) and 6(e) of the Investment Company Act exempting each Series from all provisions of the Act, except Sections 37 through 53 of the Act and the rules and regulations under those Sections. The order would permit each Series to invest in limited partnerships that engage in the ownership and operation of apartment complexes for low and moderate income persons. (Rel. IC-26199 - October 1) PUTNAM AMERICAN GOVERNMENT INCOME FUND, ET AL. A notice has been issued giving interested persons until October 24 to request a hearing on an application filed by Putnam American Government Income Fund, et al. for an order under Section 12(d)(1)(J) of the Investment Company Act for an exemption from Sections 12(d)(1)(A) and (B) of the Act, under Sections 6(c) and 17(b) of the Act for an exemption from Section 17(a) of the Act, and under Section 17(d) of the Act and Rule 17d-1 under the Act to permit certain join transactions. The order would permit (a) certain registered investment companies to invest uninvested cash and cash collateral in (i) affiliated money market funds and/or short-term bond funds, or (ii) one or more unregistered affiliated entities that operate as cash management investment vehicles, and (b) the registered investment companies and the affiliated entities to continue to engage in purchase and sale transactions involving portfolio securities in reliance on Rule 17a-7 under the Act. (Rel. IC-26200 - October 1) HOLDING COMPANY ACT RELEASES ENERGY EAST CORP. An order has been issued authorizing Energy East Corp. (Energy East), a registered holding company under the Act, to: (1) organize a second wholly owned subsidiary service company Energy East Shared Services Corporation; (2) authorize the revised service agreements of Energy East Management Corporation, Energy East's wholly owned service company subsidiary in accordance with the provisions of Section 13(b) and Rule 88 under the Act; and (3) authorize certain other service arrangements outside of Rule 87(a)(3). (Rel. 35-27729) XCEL ENERGY, INC., ET AL. An order has been issued authorizing a proposal by Xcel Energy, Inc. (Xcel), a registered holding company, and certain subsidiaries (Applicants). Applicants request an extension of their current financing authority until June 30, 2005, (Authorization Period). Applicants also request: (i) an increase in the aggregate amount of common stock and long-term debt securities that Xcel can issue during the Authorization Period from $2.0 billion, as authorized in a prior Commission order, to $2.5 billion; and (ii) request that the financing authority granted in this Application be subject to certain terms and conditions. Applicants further request certain intrasystem financing and guarantee authorities. Applicants also request the implementation of a money pool for Xcel's utility subsidiaries. (Rel. 35-27731) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change filed by the National Association of Securities Dealers to extend a pilot amendment to NASD Rule 7010(s) regarding Nasdaq PostData and the associated fees assessed (SR-NASD-2003-142) 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 October 1. (Rel. 34-48576) PROPOSED RULE CHANGES The American Stock Exchange filed a proposed rule change (SR-Amex-2003- 80) relating to a pilot program for marketing fee procedures. Publication of the proposal is expected in the Federal Register during the week of October 1. (Rel. 34-48577) The New York Stock Exchange filed a proposed rule change (SR-NYSE-2003- 26) to amend an Interpretation of NYSE Rule 345 to provide for the elimination of "Registered Representative-In-Charge" as a category precluded from being an independent contractor. Publication of the proposal is expected in the Federal Register during the week of October 8. (Rel. 34-48579) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change and Amendments No. 1, 2, and 5 thereto (SR-NASD-2003-111) submitted by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., relating to charges for ViewSuite services set forth in NASD Rule 7010(q). Publication of the proposal is expected in the Federal Register during the week of October 8. (Rel. 34-48581) DELISTING GRANTED An order has been issued granting the application of the American Stock Exchange to strike from listing and registration the Class A Cumulative Preferred Stock of Paragon Real Estate Equity and Investment Trust, effective at the opening of business on October 2. (Rel. 34-48582) WITHDRAWAL SOUGHT Notice has been issued giving interested persons until October 24 to comment on the application of Insignia Systems, Inc. to withdraw its Common Stock, $.01 par value, from listing and registration on the Philadelphia Stock Exchange. (Rel. 34-48586) 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: . F-3 M-SYSTEMS FLASH DISK PIONEERS LTD, M-SYSTEMS BUILDING, 7 ATIR YEDA STREET, KFAR-SABA, L3, 44425, 00 972 9 7645000 - 6,500,000 ($103,675,000.00) Equity, (File 333-109338 - Oct. 1) (BR. 03) S-8 EAGLE BROADBAND INC, 101 COURAGEOUS DR, LEAGUE CITY, TX, 77573, 2815386000 - 1,945,300 ($1,325,385.00) Equity, (File 333-109339 - Oct. 1) (BR. 37) S-3 NEOPHARM INC, 150 FIELD DRIVE, SUITE 195, LAKE FORREST, IL, 60045, 8472958678 - 0 ($125,000,000.00) Equity, (File 333-109340 - Oct. 1) (BR. 01) S-8 SPECTRUM ORGANIC PRODUCTS INC, 133 COPELAND ST, PETALUMA, CA, 94952, 7077788900 - 2,500,000 ($1,775,000.00) Equity, (File 333-109342 - Oct. 1) (BR. 04) F-10 PARAMOUNT RESOURCES LTD, 4700 BANKERS HALL WEST, 888-3RD STREET, CALGARY, A1, 00000, 0 ($150,000,000.00) Non-Convertible Debt, (File 333-109343 - Oct. 1) (BR. ) S-3 CYTOGEN CORP, 6099878200 - 2,694,664 ($28,832,905.00) Equity, (File 333-109344 - Oct. 1) (BR. 01) S-8 NOVELL INC, 1800 SOUTH NOVELL PLACE, PROVO, UT, 84606, 8018617000 - 17,182,667 ($91,068,135.10) Equity, (File 333-109345 - Oct. 1) (BR. 03) S-8 NOVELL INC, 1800 SOUTH NOVELL PLACE, PROVO, UT, 84606, 8018617000 - 10,000,000 ($45,050,000.00) Equity, (File 333-109346 - Oct. 1) (BR. 03) N-2 SCUDDER RREEF REAL ESTATE FUND II INC, 0 ($1,000,000.00) Equity, (File 333-109347 - Oct. 1) (BR. 18) S-8 NATIONAL SEMICONDUCTOR CORP, 2900 SEMICONDUCTOR DR, PO BOX 58090, SANTA CLARA, CA, 95052-8090, 4087215000 - 0 ($268,800,000.00) Equity, (File 333-109348 - Oct. 1) (BR. 36) S-8 CATELLUS DEVELOPMENT CORP, 201 MISSION ST, SAN FRANCISCO, CA, 94105, 4159744500 - 0 ($48,690,000.00) Equity, (File 333-109349 - Oct. 1) (BR. 08) S-8 ACACIA RESEARCH CORP, 500 NEWPORT CENTER DRIVE, 7TH FLOOR, NEWPORT BEACH, CA, 92660, 9494808300 - 7,028,560 ($58,284,243.00) Equity, (File 333-109352 - Oct. 1) (BR. 36) S-4 JARDEN CORP, 555 THEODORE FREMD AVE, RYE, NY, 10580, 914 967 9400 - 0 ($30,000,000.00) Debt Convertible into Equity, (File 333-109353 - Oct. 1) (BR. 02) S-8 PROVECTUS PHARMACEUTICALS INC, 7327 OAK RIDGE HWY, SUITE B, KNOXVILLE, TN, 37931, 865-769-4011 - 300,000 ($225,000.00) Equity, (File 333-109354 - Oct. 1) (BR. 01) S-3 ON2 TECHNOLOGIES INC, 145 HUDSON STREET, NEW YORK, NY, 10013, 9172370500 - 11,210,573 ($24,214,837.68) Equity, (File 333-109355 - Oct. 1) (BR. 03) S-8 CARMINA TECHNOLOGIES INC, C/O RICHARD M DAY, 342 E 900 SO, SALT LAKE CITY, UT, 84111, 8013639065 - 4,000,000 ($1,600,000.00) Equity, (File 333-109356 - Oct. 1) (BR. 02) S-8 STELMAR SHIPPING LTD, STATUS CENTER 2A AREOS STREET, VOULIAGMENI GR 16671 ATHENS GREECE, ATHENS GREECE, J3, 00000, 0113019670 - 290,500 ($5,089,560.00) Equity, (File 333-109357 - Oct. 1) (BR. 05) S-8 WORLD AM COMMUNICATIONS INC, 1400 W 122ND AVENUE STE 104, WESTMINSTER, CO, 80234, 3034520022 - 65,000,000 ($487,500.00) Equity, (File 333-109358 - Oct. 1) (BR. 08) S-8 CLARCOR INC, 2323 SIXTH ST, PO BOX 7007, ROCKFORD, IL, 61125, 8159628867 - 0 ($19,305,000.00) Equity, (File 333-109359 - Oct. 1) (BR. 05) S-3 SYNOVIS LIFE TECHNOLOGIES INC, 2575 UNIVERSITY AVENUE, ST PAUL, MN, 55114-1024, 6516033700 - 0 ($36,840,000.00) Equity, (File 333-109360 - Oct. 1) (BR. 36) S-8 CONCORDE CAREER COLLEGES INC, 8164748002 - 0 ($1,708,500.00) Equity, (File 333-109361 - Oct. 1) (BR. 08) S-3 VELOCITY EXPRESS CORP, 7803 GLENROY ROAD, FOUR PARAMOUNT PLAZA STE 200, MINNEAPOLIS, MN, 55439, 612-492-2400 - 0 ($18,500,000.00) Equity, (File 333-109362 - Oct. 1) (BR. 05) SB-2 PANAMERICAN BANCORP, 3475 SHERIDAN STREET, HOLLYWOOD, FL, 33021, 954-985-3900 - 0 ($5,940,000.00) Equity, (File 333-109363 - Oct. 1) (BR. 07) S-3 GERON CORPORATION, 230 CONSTITUTION DRIVE, MENLO PARK, CA, 94025, 6504737700 - 31,080 ($432,633.60) Equity, (File 333-109364 - Oct. 1) (BR. 01) S-3 NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP /DC/, WOODLAND PARK, 2201 COOPERATIVE WAY, HERNDON, VA, 20171-3025, 7037096700 - 0 ($2,000,000,000.00) Non-Convertible Debt, (File 333-109365 - Oct. 1) (BR. 07) S-2 KNOLOGY INC, 1241 O G SKINNER DRIVE, WEST POINT, GA, 31833, 7066458553 - 0 ($86,250,000.00) Equity, (File 333-109366 - Oct. 1) (BR. 37) S-2 MIRAVANT MEDICAL TECHNOLOGIES, 336 BOLLAY DRIVE, SANTA BARBARA, CA, 93117, 8056859880 - 8,745,000 ($12,417,900.00) Debt Convertible into Equity, (File 333-109367 - Oct. 1) (BR. 01) S-3 GREG MANNING AUCTIONS INC, 775 PASSAIC AVE, WEST CALDWELL, NJ, 07006, 9738820004 - 242,718 ($1,638,346.50) Equity, (File 333-109368 - Oct. 1) (BR. 08) S-3 INTERSTATE POWER & LIGHT CO, 200 FIRST ST SE, ALLIANT ENERGY TOWER, CEDAR RAPIDS, IA, 52401, 3193984411 - 0 ($100,000,000.00) Non-Convertible Debt, (File 333-109369 - Oct. 1) (BR. 02) SB-2 QT 5 INC, 5655 LINDERO CANYON ROAD, SUITE 120, WESTLAKE VILLAGE, CA, 91362, (866) 508-8378 - 60,177,520 ($10,249,903.00) Equity, (File 333-109370 - Oct. 1) (BR. 09) S-3 NDCHEALTH CORP, NDCHEALTH CORPORATION, NDC PLAZA, ATLANTA, GA, 30329, 4047282000 - 1,196,818 ($25,085,305.00) Equity, (File 333-109371 - Oct. 1) (BR. 08) S-1 SIMPLETECH INC, 3001 DAIMLER ST, SANTA ANA, CA, 92705-5812, 8003677330 - 16,100,000 ($109,882,500.00) Equity, (File 333-109372 - Oct. 1) (BR. 03) S-3 XRG INC, 5301 CYPRESS STREET, SUITE 111, TAMPA, FL, 33607, 813-637-0700 - 7,930,570 ($5,551,399.00) Equity, (File 333-109373 - Oct. 1) (BR. 05) S-8 FLEXSTEEL INDUSTRIES INC, PO BOX 877, 3400 JACKSON, DUBUQUE, IA, 52004-0877, 3195567730 - 7,880 ($144,913.20) Equity, (File 333-109374 - Oct. 1) (BR. 06) S-3 WABASH NATIONAL CORP /DE, P O BOX 6129, LAFAYETTE, IN, 47905, 7657715310 - 0 ($125,000,000.00) Debt Convertible into Equity, (File 333-109375 - Oct. 1) (BR. 05) S-8 ALKERMES INC, 88 SIDNEY ST, CAMBRIDGE, MA, 02139-4136, 617-494-0171 - 3,500,000 ($45,780,000.00) Equity, (File 333-109376 - Oct. 1) (BR. 01) S-3 NVE CORP /NEW/, 11409 VALLEY VIEW ROAD, EDEN PRAIRIE, MN, 55344, 9528299217 - 1,221,487 ($42,868,086.27) Equity, (File 333-109377 - Oct. 1) (BR. 36) 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. Item 10. Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics. Item 11. Temporary Suspension of Trading Under Registrant's Employee Benefit Plans. Item 12. Results of Operations and Financial Condition. 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 ------------------------------------------------------------------------------------------------ ACCLAIM ENTERTAINMENT INC DE X 09/26/03 ACTUANT CORP WI X 10/01/03 ADVANCED BIOTHERAPY INC DE X X 09/30/03 ADVANCED MARKETING SERVICES INC DE X 09/29/03 AGWAY INC DE X 10/01/03 ALLIANCE GAMING CORP NV X X 07/18/03 AMEND ALTRIS SOFTWARE INC CA X 09/29/03 ALTUS EXPLORATIONS INC NV X 10/01/03 AMANASU ENVIRONMENT CORP NV X X 09/29/03 AMERALIA INC UT X X 09/30/03 AMERICAN FINANCIAL REALTY TRUST X X X 09/25/03 AMERICAN HEALTHWAYS INC DE X X 09/30/03 AMERICREDIT AUTOMOBILE RECEIVABLES TR DE X X X 09/10/03 ANALYSTS INTERNATIONAL CORP MN X X 09/30/03 ANALYSTS INTERNATIONAL CORP MN X X 09/29/03 ARIES VENTURES INC NV X X 10/01/03 ASHLAND INC KY X X 10/01/03 ASPEN EXPLORATION CORP DE X X 09/30/03 ATWOOD OCEANICS INC TX X X 10/01/03 AVITAR INC /DE/ DE X X 09/30/03 AZCO MINING INC DE X X 09/05/03 AMEND BANCINSURANCE CORP OH X X 10/01/03 BEAR STEARNS ASSET BACKED SECURITIES DE X X 09/24/03 BEAR STEARNS COMPANIES INC DE X X 09/25/03 BIOGENTECH CORP NV X 09/25/03 BIOPHAN TECHNOLOGIES INC NV X 10/01/03 BLACK & DECKER CORP MD X X 10/01/03 BLACK HILLS CORP /SD/ SD X X 09/30/03 BLUE RIVER BANCSHARES INC IN X X 10/01/03 BOMBARDIER RECEIVABLES MASTER TRUST I DE X X 09/15/03 BURLINGTON COAT FACTORY WAREHOUSE COR DE X 09/30/03 CAL MAINE FOODS INC DE X X X 09/29/03 CALPINE CORP DE X 10/01/03 CAPITAL ONE FUNDING LLC X X 09/26/03 CAPITAL ONE FUNDING LLC X X 09/23/03 CAPTARIS INC WA X X 09/30/03 CAPTEC FRANCHISE CAPITAL PARTNERS L P DE X X X 09/24/03 CAPTEC FRANCHISE CAPITAL PARTNERS LP DE X X X 09/24/03 CAREDECISION CORP NV X X 09/23/03 CBRL GROUP INC TN X X X 09/30/03 CENTURION GOLD HOLDINGS INC FL X 06/20/03 AMEND CHARTER COMMUNICATIONS INC /MO/ DE X X 10/01/03 CHICAGO MERCANTILE EXCHANGE HOLDINGS DE X 10/01/03 CLEAR CHANNEL COMMUNICATIONS INC TX X 09/30/03 COCA COLA ENTERPRISES INC DE X 09/29/03 CODDLE CREEK FINANCIAL CORP NC X X 09/30/03 COGNIGEN NETWORKS INC CO X X X 09/24/03 COMCAST CORP PA X X 09/17/03 COMCAST HOLDINGS CORP PA X X 09/17/03 COMPUTER HORIZONS CORP NY X X 09/30/03 COMPUTER TASK GROUP INC NY X 10/01/03 CONNETICS CORP DE X X 09/30/03 CREDIT SUISSE FIRST BOSTON MORT SEC C DE X X 09/25/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 10/01/03 CRESCENT BANKING CO GA X 09/18/03 CROSS MEDIA MARKETING CORP DE X X 08/28/03 CSFB ACCEPTANCE CORP HOME EQUITY LOAN DE X X 09/25/03 CSFB MORTGAGE SEC CORP HM EQU PASS TH DE X X 09/25/02 DECKERS OUTDOOR CORP DE X X 10/01/03 DEERE & CO DE X 09/30/03 DIAMETRICS MEDICAL INC MN X X 09/29/03 DISCOVER CARD MASTER TRUST I DE X 09/30/03 DOLLAR TREE STORES INC VA X 10/01/03 DOMINION HOMES INC OH X X 10/01/03 E TRADE GROUP INC DE X 10/01/03 EAGLE BROADBAND INC TX X 09/30/03 EDGE PETROLEUM CORP DE X X 10/01/03 EDUCATIONAL DEVELOPMENT CORP DE X X 10/01/03 ENERGY CONVERSION DEVICES INC DE X 09/29/03 EOG RESOURCES INC DE X 10/01/03 EQUITABLE RESOURCES INC /PA/ PA X 09/30/03 EXELON CORP PA X 10/01/03 EXPERTELLIGENCE INC CA X 09/30/03 FAMILY DOLLAR STORES INC DE X X 10/01/03 FINANCIAL ASSET SECURITIES CORP DE X X 09/30/03 FIRST CONSULTING GROUP INC DE X X 09/26/03 FIRST SOUTH BANCORP INC /VA/ VA X X 09/26/03 FIRST SOUTHERN BANCSHARES INC/DE DE X X 09/30/03 FISHER SCIENTIFIC INTERNATIONAL INC DE X 09/19/03 FLEXTRONICS INTERNATIONAL LTD X 09/24/03 FORD MOTOR CO DE X X 10/01/03 FORD MOTOR CREDIT CO DE X X 10/01/03 FORWARD INDUSTRIES INC NY X 10/01/03 GAP INC DE X X 09/30/03 GARDEN FRESH RESTAURANT CORP /DE/ DE X X 09/29/03 GARTNER INC DE X X 10/01/03 GENE LOGIC INC DE X 10/01/03 GENELABS TECHNOLOGIES INC /CA CA X X 10/01/03 GENERAL GROWTH PROPERTIES INC DE X X 10/01/03 GENERAL MOTORS CORP DE X 10/01/03 GENOME THERAPEUTICS CORP MA X X 09/30/03 GLATFELTER P H CO PA X X 10/01/03 GREENE COUNTY BANCSHARES INC TN X X 09/25/03 HALLIBURTON CO DE X 09/29/03 HANCOCK HOLDING CO MS X 09/30/03 HANCOCK JOHN FINANCIAL SERVICES INC X X 09/29/03 HANCOCK JOHN LIFE INSURANCE CO MA X 09/28/03 HEALTH CARE REIT INC /DE/ DE X X 09/29/03 HEALTHAXIS INC PA X 09/30/03 HINES HORTICULTURE INC DE X X 09/30/03 HOME EQUITY PASS THROUGH CERTIFICATES DE X X 09/25/02 HOOKER FURNITURE CORP VA X 09/30/03 HOUGHTON MIFFLIN CO MA X X 09/30/03 HUBEI PHARMACEUTICAL GROUP LTD NV X X 06/27/03 AMEND ICG COMMUNICATIONS INC /DE/ DE X X X 09/30/03 IGENE BIOTECHNOLOGY INC MD X 09/30/03 IMMUCOR INC GA X X 08/31/03 IMMUNOGEN INC MA X X 10/01/03 INFOTEC BUSINESS SYSTEMS INC NV X X 09/25/03 INSIGHTFUL CORP DE X 09/30/03 INTERVOICE INC TX X X 09/30/03 INVACARE CORP OH X X 10/01/03 IT GROUP INC DE X X 09/29/03 J CREW GROUP INC NY X X 10/01/03 J P MORGAN CHASE & CO DE X 10/01/03 JANUS CAPITAL GROUP INC DE X 10/01/03 K2 INC DE X X 09/16/03 KATY INDUSTRIES INC DE X X 09/16/03 LANDEC CORP \CA\ CA X X 10/01/03 LEFT RIGHT MAKETING TECHNOLOGY INC DE X X X X X 07/28/03 AMEND LEVEL 3 COMMUNICATIONS INC DE X X 10/01/03 MAIN STREET BANKS INC /NEW/ GA X X 10/01/03 MAINE & MARITIMES CORP X 10/01/03 MARTIN MARIETTA MATERIALS INC NC X X 10/01/03 MCDATA CORP DE X X 09/30/03 MEADWESTVACO CORP DE X 10/01/03 MEDICAL STAFFING SOLUTIONS INC NV X X X 09/25/03 MEREDITH ENTERPRISES INC DE X X 09/20/03 MEREDITH ENTERPRISES INC DE X 09/30/03 MERISTAR HOSPITALITY CORP MD X X 09/24/03 MERISTAR HOSPITALITY OPERATING PARTNE DE X X 09/24/03 MERRILL LYNCH & CO INC DE X X 10/01/03 MERRILL LYNCH MORTGAGE INVESTORS INC DE X X 09/30/03 MERRILL LYNCH MORTGAGE INVESTORS INC DE X X 09/29/03 MICROFIELD GROUP INC OR X X 10/01/03 MID POWER SERVICE CORP NV X 09/24/03 MIDWEST EXPRESS HOLDINGS INC WI X X 09/29/03 MIGRATEC INC DE X 10/01/03 MINERALS TECHNOLOGIES INC DE X 09/25/03 MOHEGAN TRIBAL GAMING AUTHORITY X X 10/01/03 MONARCH SERVICES INC MD X 10/01/03 MOOG INC NY X X X 09/30/03 MORGAN STANLEY ABS CAPITAL I INC DE X X 09/29/03 MTC TECHNOLOGIES INC DE X X 10/01/03 MTI TECHNOLOGY CORP DE X X 09/25/03 NDCHEALTH CORP DE X X X 10/01/03 NELNET STUDENT LOAN FUNDING LLC X X 09/25/03 NEOFORMA INC DE X 09/19/03 NEXPRISE INC DE X X 09/30/03 NMXS COM INC DE X 09/08/03 NMXS COM INC DE X 09/22/03 NMXS COM INC DE X 09/30/03 NORTHERN BORDER PARTNERS LP DE X X X X 10/01/03 NYFIX INC NY X X 09/29/03 ON2 TECHNOLOGIES INC CO X X 09/26/03 OPHTHALMIC IMAGING SYSTEMS CA X X 09/25/03 ORDERPRO LOGISTICS INC NV X 08/28/03 AMEND OREGON STEEL MILLS INC DE X 10/01/03 PARAGON TECHNOLOGIES INC PA X X 09/19/03 PARK ELECTROCHEMICAL CORP NY X 08/31/03 PNC FINANCIAL SERVICES GROUP INC PA X X 10/01/03 POLARIS INDUSTRIES INC/MN MN X X 10/01/03 POPULAR INC PR X X 09/25/03 PRIMARY PDC INC DE X X 09/25/03 RECKSON ASSOCIATES REALTY CORP MD X 09/18/03 REPUBLIC ENGINEERED PRODUCTS HOLDINGS X 09/30/03 RESIDENTIAL ASSET MORT PROD GMACM PS DE X X 09/25/03 RESIDENTIAL ASSET MORT PROD INC GMACM DE X X 09/25/03 RESIDENTIAL ASSET MORT PRODUCTS INC G DE X X 08/25/03 RESIDENTIAL ASSET MORT PRODUCTS INC G DE X X 03/06/03 RESIDENTIAL ASSET MORT PRODUCTS INC G DE X X 09/25/03 RESIDENTIAL ASSET MORTGAGE PROD INC G DE X X 09/25/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 10/01/03 REXHALL INDUSTRIES INC CA X 12/30/02 AMEND RUDDICK CORP NC X X 10/01/03 SANTANDER BANCORP X 09/30/03 SAVANNAH BANCORP INC GA X 09/29/03 SCIENTIFIC LEARNING CORP DE X X 09/30/03 SECURED SERVICES INC DE X X 07/18/03 AMEND SINCLAIR BROADCAST GROUP INC MD X X 09/30/03 SKYWAY COMMUNICATIONS HOLDING CORP FL X X 10/01/03 SMTEK INTERNATIONAL INC DE X X 09/29/03 SONTRA MEDICAL CORP MN X X 09/30/03 SPORT HALEY INC CO X X 09/30/03 SPORTSLINE COM INC DE X X 09/29/03 STERLING FINANCIAL CORP /PA/ PA X X 09/30/03 STOCKERYALE INC MA X 09/30/03 STONE ENERGY CORP DE X X 09/30/03 STREICHER MOBILE FUELING INC FL X 09/30/03 STRUCTURED ASSET SECURITIES CORP DE X 09/30/03 SUN MICROSYSTEMS INC DE X X 09/29/03 SUNLINK HEALTH SYSTEMS INC OH X X 09/29/03 SUNLINK HEALTH SYSTEMS INC OH X 10/01/03 SUPERIORCLEAN INC X 09/25/03 SYSTEMONE TECHNOLOGIES INC FL X X 09/30/03 TALK VISUAL CORP NV X X 09/17/03 TARGETED GENETICS CORP /WA/ WA X X 09/02/03 TECHTEAM GLOBAL INC DE X X 09/28/03 THERMOGENESIS CORP DE X X 09/30/03 THINKING TOOLS INC DE X X 09/11/03 TITAN INTERNATIONAL INC IL X 09/19/03 TOROTEL INC MO X X 09/30/03 TOUCHSTONE SOFTWARE CORP /CA/ DE X X 09/25/03 TRIO TECH INTERNATIONAL CA X X 09/25/03 TSR INC DE X X 10/01/03 U S GOLD CORP CO X 10/01/03 ULTRASTRIP SYSTEMS INC FL X X 10/01/03 UNIONBANCAL CORP CA X 10/01/03 UNIVERSAL CORP /VA/ VA X 10/01/03 USURF AMERICA INC NV X X 09/22/03 VALENCE TECHNOLOGY INC DE X X 09/30/03 VERDISYS INC CA X X 09/26/03 VESTIN FUND II LLC X 09/30/03 VIALINK CO DE X 09/30/03 VISTA GOLD CORP X 09/29/03 WALGREEN CO IL X X 09/29/03 WALGREEN CO IL X X 09/29/03 AMEND WATERFORD GAMING LLC DE X 10/01/03 WAYNE SAVINGS BANCSHARES INC /DE/ DE X 10/01/03 WEST BANCORPORATION INC IA X 10/01/03 WHITEHALL JEWELLERS INC DE X 10/01/03 WHOLESALE AUTO RECEIVABLES CORP DE X X 09/29/03 WILSON BANK HOLDING CO TN X 10/01/03 WINTRUST FINANCIAL CORP IL X 10/01/03 WOLVERINE WORLD WIDE INC /DE/ MI X X 10/01/03 WRIGLEY WM JR CO DE X X 10/01/03 YELLOW CORP DE X 10/01/03 YORK INTERNATIONAL CORP /DE/ DE X X 09/26/03