-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, UiNj9aiH1PZAH+8TyguHJoxGtDx0e76sfX8jxmtbaVu2nF9yYBWAT1sCBAssY+M+ JP6ofg8Qa8FlvQ+Upiq/YQ== 0001015402-01-501425.txt : 20010528 0001015402-01-501425.hdr.sgml : 20010528 ACCESSION NUMBER: 0001015402-01-501425 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20010525 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CAPITAL ENVIRONMENTAL RESOURCE INC CENTRAL INDEX KEY: 0001065736 STANDARD INDUSTRIAL CLASSIFICATION: REFUSE SYSTEMS [4953] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: SEC FILE NUMBER: 005-57445 FILM NUMBER: 1648036 BUSINESS ADDRESS: STREET 1: 1005 SKYVIEW DR STREET 2: BURLINGTON ONTARIO CITY: CANADA L7P5B1 STATE: A6 BUSINESS PHONE: 9053191237 MAIL ADDRESS: STREET 1: 1005 SKYVIEW DRIVE STREET 2: BURLINGTON ONTARIO CITY: CANADA L7P5B1 STATE: A6 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: SANDERS DON A CENTRAL INDEX KEY: 0000904778 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 3100 TEXAS COMMERCE TOWER CITY: HOUSTON STATE: TX ZIP: 77002 BUSINESS PHONE: 7132243100 MAIL ADDRESS: STREET 1: 3100 TEXAS COMMERCE TOWER CITY: HOUSTON STATE: TX ZIP: 77002 SC 13D/A 1 doc1.txt SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ______________________________________________________________________________ SCHEDULE 13D AMENDMENT NO. 1 Under the Securities Exchange Act of 1934 CAPITAL ENVIRONMENTAL RESOURCE INC. (Name of issuer) COMMON STOCK (Title of class of securities) 14008M104 (CUSIP number) DON A. SANDERS, 3100 CHASE TOWER HOUSTON, TEXAS 77002 (713) 224-3100 (Name, address and telephone number of person authorized to receive notices and communications) MAY 2 , 2001 (Date of event which requires filing of this statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1 (b) (3) or (4), check the following box. Check the following box if a fee is being paid with the statement. (A fee is not required only if the reporting person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7) SCHEDULE 13D - -------------------------------------------------------------------------------- CUSIP No. 14008M104 Page 2 of 5 Pages - -------------------------------------------------------------------------------- 1 NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON DON A. SANDERS 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) (b) 3 SEC USE ONLY 4 SOURCE OF FUNDS* PF 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(E) 6 CITIZENSHIP OR PLACE OF ORGANIZATION USA 7 SOLE VOTING POWER NUMBER OF 82,700 SHARES BENEFICIALLY 8 SHARED VOTING POWER OWNED BY -0- EACH REPORTING 9 SOLE DISPOSITIVE POWER PERSON WITH 82,700 10 SHARED DISPOSITIVE POWER 843,301 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 926,001 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 12.9% 14 TYPE OF REPORTING PERSON* IN SCHEDULE 13D - -------------------------------------------------------------------------------- CUSIP No. 14008M104 Page 3 of 5 Pages - -------------------------------------------------------------------------------- ITEM 1. SECURITY AND ISSUER The class of equity securities to which this statement relates is the common stock (the "Common Stock") of Capital Environmental Resource Inc., whose principal executive office is located at 1005 Skyview Drive, Burlington, ON L7P 5131 Canada. ITEM 2. IDENTITY AND BACKGROUND This statement is filed on behalf of Don A. Sanders, a U.S. Citizen ("Sanders" or "Reporting Person"), whose business address is 3100 Chase Tower, Houston, Texas 77002. Sanders currently serves as the Chairman of the Executive Committee of Sanders Morris Harris Inc., an investment banking firm, whose address is 3100 Chase Tower, Houston, Texas 77002. Sanders has not, during the last five years, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), nor has Sanders, during the last five years, been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violations with respect to such laws. ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION The funds used or to be used in making purchases of the Issuer's Common Stock are personal funds of Sanders. ITEM 4. PURPOSE OF TRANSACTION. The securities of the Issuer were acquired by Sanders and his Spouse ("Spouse") in open market transactions and privately negotiated transactions for the purposes of investment. Sanders currently intends to review continuously his equity interest in the Issuer and may or may not seek involvement in the Issuers affairs. Depending upon his evaluation of the Issuers business and prospects and upon future developments, Sanders, or other entities that may be deemed to be affiliates of Sanders, may from time to time purchase additional securities of the Issuer, dispose of all or a portion of the securities held by such person, or cease buying or selling shares. Any such additional purchases of the securities may be in open market or privately negotiated transactions or otherwise. Except as described in this Item 4, the Reporting Person has no present plans or proposals which relate or would result in: (i) the acquisition by any person of additional securities of the Issuer, or the disposition of securities of the Issuer, (ii) an extraordinary corporate transaction such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries, (ii) a sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries, (iv) any change in the present board of directors or management of the Issuer, (v) any material change to the present capitalization or dividend policy of the Issuer, (vi) any other material change in the Issuer's business or corporate structure, (vii) changes in the Issuer's charter, bylaws or instruments corresponding thereto or other actions which may impede the acquisition of control of the Issuer by any person, (viii) causing a class of securities of the Issuer to be delisted from a national securities exchange or to cease to be authorized to be quoted on an inter-dealer quotation system of a registered national securities association, (ix) a class of equity securities of the Issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934, as amended, or (x) any actions similar to any of those enumerated above. SCHEDULE 13D - -------------------------------------------------------------------------------- CUSIP No. 14008M104 Page 4 of 5 Pages - -------------------------------------------------------------------------------- ITEM 5. INTEREST IN SECURITIES OF THE ISSUER. The Reporting Person directly owns 82,700 shares (The "Reporting Person Shares") of Common Stock and has the shared power to dispose of or direct the disposition of 843,301 shares of Common Stock (the "Client Shares") of certain of the Reporting Person's clients (the "Clients) from whom the Reporting Person has been granted the right to dispose of or direct the disposition of the Client Shares. The Reporting Person's Spouse directly owns 0 shares of Common Stock ("Spousal Shares"). The Client Shares together with the Reporting Person Shares and the Spousal Shares represent an aggregate of 926,001 shares or 12.9% of the Common Stock. The Reporting Person has the sole power to vote or to direct the vote, and to dispose of or to direct the disposition of the Reporting Person Shares and the shared power to dispose of or to direct the disposition of the Client Shares. The Reporting Person claims no beneficial ownership or dispositive powers with regard to the Spousal Shares. The following table represents all the Reporting Person's transactions involving common stock during the last 180 days. - -------- ---------------- ------------- ---------------- -------------- DATE ENTITY PURCHASE/SALE NUMBER OF SHARES AVERAGE PRICE - -------- ---------------- ------------- ---------------- -------------- December Spousal shares Sold 6,438 $ 2.12 - -------- ---------------- ------------- ---------------- -------------- December Reporting person Sold 208,500 $ 2.25 - -------- ---------------- ------------- ---------------- -------------- December Discretionary Bought 391,015 $ 2.23 - -------- ---------------- ------------- ---------------- -------------- December Discretionary Sold 51,000 $ 2.18 - -------- ---------------- ------------- ---------------- -------------- January Reporting Person Sold 32,500 $ 3.99 - -------- ---------------- ------------- ---------------- -------------- January Discretionary Sold 12,000 $ 3.37 - -------- ---------------- ------------- ---------------- -------------- February Reporting Person Bought 38,500 $ 2.48 - -------- ---------------- ------------- ---------------- -------------- February Reporting Person Sold 5,000 $ 3.27 - -------- ---------------- ------------- ---------------- -------------- March Reporting Person Sold 5,000 $ 3.27 - -------- ---------------- ------------- ---------------- -------------- March Discretionary Bought 9,500 $ 2.86 - -------- ---------------- ------------- ---------------- -------------- April Discretionary Bought 23,000 $ 1.90 - -------- ---------------- ------------- ---------------- -------------- 2-May Discretionary Sold 20,000 $ 2.90 - -------- ---------------- ------------- ---------------- -------------- The Reporting person has the right to receive or the power to direct receipt of dividends from, or the proceeds from the sale of 926,001 shares of Common Stock, while the applicable Client has the right to receive or the power to direct receipt of dividends from, or the proceeds from the sale of the applicable Client Shares. The Spouse has the right to receive or the power to direct receipt of dividends from, or the proceeds from the sale of 0 shares of Common Stock. (e) n/a SCHEDULE 13D - -------------------------------------------------------------------------------- CUSIP No. 14008M104 Page 5 of 5 Pages - -------------------------------------------------------------------------------- ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER. The Reporting Person has no contract, arrangement, understanding or relationship (legal or otherwise) with any person with respect to securities of the Company, including, but not limited to, transfer or voting of any of the securities, finders fees, joint ventures. ITEM 7. MATERIALS TO BE FILED AS EXHIBITS. NO MATERIAL CHANGES Signature After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this filing is true, correct and complete. Dated May 23, 2001 /s/ Don A. Sanders - ------------------------ -----END PRIVACY-ENHANCED MESSAGE-----