SEC NEWS DIGEST Issue 2002-112 June 11, 2002 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS CHANGE IN THE MEETING: CHANGE IN SUBJECT MATTER The subject matter of an item previously announced in the June 6th issue of the Digest to be considered at the open meeting scheduled for Wednesday, June 12, 2002, has been changed to: The Commission will consider whether to publish in the Federal Register a notice that the Evangelical Christian Credit Union has submitted an application for an exemption to permit it to offer to sweep account balances into no-load money market funds without being registered as a broker-dealer. The notice would request public comment on whether the relief requested should be granted pursuant to Sections 15(a)(2) and 36(a)(1) of the Securities Exchange Act of 1934, whether such relief should be extended to all credit unions with deposits insured by the National Credit Union Share Insurance Fund, and whether such an exemption would raise issues that should be considered in connection with amendments to the May 11, 2001 interim final rules implementing the functional regulation exceptions from broker-dealer registration of the Gramm- Leach-Bliley Act. 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. ENFORCEMENT PROCEEDINGS SEC SETTLES FRAUD CLAIMS AGAINST INSURANCE AGENTS The Commission announced a settlement today in a nationwide Ponzi scheme in which over $13.5 million was raised from 140 mostly elderly Texas investors. Under the terms of the settlement, defendants Edward Neel Cox, Billy Wayne Sparkman, Joseph Lee Covington, Charles Frederick Johnson, Stephen T. Hoyl, Danny R. Mayfield, Randy J. Post and Benny Armond Sides, agreed to a permanent injunction against future violations of the securities laws. Previously, in a South Carolina criminal proceeding, all were ordered to disgorge commissions each received from their participation in the Ponzi scheme. The Commission decided not to seek a civil penalty against Cox, Sparkman, Covington, Hoyl, Post and Sides based upon their sworn representations regarding financial status in documents submitted to the Commission. Johnson consented to pay a penalty of $10,000. The Commission decided not to seek the imposition of a civil monetary penalty against Mayfield because of his significant cooperation with the Commission and his efforts to help his clients who were victimized in the Ponzi scheme. In its civil action, the Commission alleged that defendants sold promissory notes issued by Chemical Trust and Alliance Trust, purported business trusts, as part of a nationwide Ponzi scheme. The promissory notes were claimed to be secured by surety bonds issued by United States Guarantee Corporation, an Arizona based surety company. In reality, the control persons behind Chemical Trust and Alliance Trust were diverting investor funds to their own use and the surety company was being run by a convicted felon and held no assets with which to secure the promissory notes. The Commission alleged that the defendants were in a position to learn of the issuer's fraudulent scheme, but failed to conduct any meaningful due diligence before selling the securities to their insurance clients. The Commission further alleged the defendants made fraudulent statements in connection with the sale of the Chemical Trust and Alliance Trust promissory notes and acted as unregistered brokers. The defendants consented, without admitting or denying the allegations in the complaint, to the entry of a final judgment permanently enjoining each from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In addition, Cox, Sparkman and Covington consented to the entry of an administrative order barring each from association with any broker or dealer while the remaining respondents consented to a twelve-month suspension from association with any broker or dealer. [SEC v. Westshore Agency of Michigan, Inc., et al., USDC SD/TX, H-00-1827] (LR-17548); Administrative Proceedings In the Matter of Edward Neel Cox, Joseph Lee Covington, Billy Wayne Sparkman, Stephen T. Hoyl, Charles F. Johnson, Randy J. Post, Danny R. Mayfield, and Benny Armond Sides - Rel. 34- 46051; File No. 3-10796) IN THE MATTER OF KOREA DATA SYSTEMS USA, INC., LAP SHUN (JOHN) HUI, AND BUN (BEN) WONG IN THE MATTER OF GERALD PAPAZIAN The Commission today filed a civil enforcement action in U.S. District Court in Los Angeles against El Segundo, California based Aura Systems, Inc. (Aura), currently a seller of an induction power system and formerly a seller of multi-media products; its majority owned subsidiary NewCom, Inc. (now called Ncom, Inc.); Aura's former Chairman and CEO Zvi (Harry) Kurtzman; Aura and NewCom's former CFO Steven C. Veen; NewCom's former Chairman and President Sultan W. Khan; NewCom's former Executive Vice President Asif M. Khan; and Korea Data Systems USA, Inc. (KDS). The SEC's complaint alleges that during its 1997 and 1998 fiscal years Aura overstated its revenue by at least $26.5 million and that during its 1998 and 1999 fiscal years, NewCom recorded balance sheet overstatements of at least $43.2 million by booking fictitious sales, prematurely recognizing revenue, overstating receivables, and overstating inventory. Without admitting or denying the allegations in the complaint: * Kurtzman consented to: (a) a permanent injunction against violations of 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, 13b2-1 and 13b2-2 thereunder; (b) a $75,000 civil penalty; and (c) a permanent officer and director bar. * Veen consented to: (a) a permanent injunction against violations of Section 17(a) of the Securities Act and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2 thereunder; (b) a $50,000 civil penalty; and (c) a five-year officer and director bar. In a separate Commission proceeding, Veen also offered to accept a five-year suspension from appearing or practicing before the Commission under Rule 102(e)(3) of the Commission's Rules of Practice. * Sultan Khan and Asif Khan each consented to a permanent injunction against violations of Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 thereunder with no penalty imposed based on their sworn statements of financial condition. * Aura consented to a permanent injunction against violations of Section 17(a) of the Securities Act and Sections 10(b), 13(a), 13(b)(2)(A) and (B) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder with no penalty imposed based on its Statement of Financial Information dated June 3, 2002. * NewCom consented to a permanent injunction against violations of Sections 10(b), 13(a), 13(b)(2)(A) and (B) of the Exchange Act and Rules 10b- 5, 12b-20, 13a-1 and 13a-13 thereunder. On June 7, the SEC also issued a settled cease-and-desist order against former Aura President Gerald S. Papazian. The order requires Papazian to cease and desist from committing or causing violations of Section 17(a) of the Securities Act and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2 thereunder. In a companion civil action, Papazian consented to pay a civil penalty of $25,000. Papazian neither admitted nor denied the findings in the SEC's order nor the allegations in its complaint. On June 7, the SEC also issued a settled cease-and-desist order against Korea Data Systems USA, Inc. (KDS), a U.S. affiliate of Korea Data Systems Co. Ltd., and its officers Lap-Shun (John) Hui and Bun (Ben) Wong. The order requires KDS, Hui, and Wong to cease and desist from committing or causing violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act. KDS, Hui, and Wong neither admitted nor denied the findings in the SEC's order. KDS also consented to pay a civil penalty of $25,000 in the civil action without admitting or denying the allegations in the complaint. [SEC v. Aura Systems, Inc., et al., USDC, CDCA, Civil Action No. 02-4555 NM, (MANx)]; [SEC v. Gerald S. Papazian, USDC, CDCA, Civil Action No. 02-04553 RMT, (AJWx)] (LR-17557; AAE Rel. 1575); (Administrative Proceeding In the Matter of Korea Data Systems USA, Inc., Lap Shun (John) Hui, and Bun (Ben) Wong - Rel. 33-8104, 34-46047, AAE Rel. 1571, File No. 3-10794); (Administrative Proceeding In the Matter of Gerald Papazian - Rel. 33- 8105, 34-46048, AAE Rel. 1572, File No. 3-10795) JOHANN SMITH AND CONSTANCE BROOKS-KIEFER SENTENCED FOR THEIR INVOLVEMENT IN $29 MILLION PONZI SCHEME The Commission announced today that on May 24, the Honorable John D. Tinder, United States District Judge for the Southern District of Indiana, sentenced Johann M. Smith (Smith) and Constance Brooks-Kiefer (Brooks-Kiefer), both residents of Indianapolis, Indiana, for their involvement in a $29 million Ponzi scheme. Judge Tinder sentenced Smith to three years and one month in prison and ordered him to pay $11.7 million in restitution. Judge Tinder sentenced Brooks-Kiefer to six months of home detention and imposed a fine of $3,000. Smith, founder of JMS Investment Group, LLC (JMS) and former attorney for Heartland Financial Services, Inc. (Heartland), previously pled guilty to two counts of mail fraud and one count of unlawfully structuring currency transactions. Brooks-Kiefer, former administrative assistant of Heartland, pled guilty to one count of unlawfully structuring currency transactions. Judge Tinder previously sentenced two other defendants: Kenneth R. Payne (Payne) to seventeen years and seven months in prison and Daniel G. Danker (Danker) to 71 months in prison [See Litigation Release Nos. 17049 and 17492]. The criminal case was prosecuted by the U.S. Attorney's Office for the Southern District of Indiana. Smith, Brooks-Kiefer, Payne and Danker are also defendants in a civil action, SEC v. Payne, et al., filed by the SEC on August 10, 2000, to halt the Ponzi scheme. Judge Tinder, on August 10, 2000, entered a temporary restraining order and asset freeze in that case against Payne, Danker, Heartland, JMS, Smith and Brooks-Kiefer. Judge Tinder entered an order of permanent injunction against Smith on November 16, 2000, and an order of preliminary injunction against Brooks-Kiefer on August 21, 2000. This litigation is ongoing. [For more information concerning the SEC's action, see Litigation Release Nos. 16650 and 17049]. [U.S. v. Johann M. Smith, No. 1:00CR00094-001 (S.D. IN); U.S. v. Constance Brooks- Kiefer, No. 1:00CR00093-001 (S.D. IN)] (LR-17551) SECURITIES FRAUD JUDGMENT AGAINST BRIAN VOLMER AFFIRMED On May 3, 2002, the U.S. Court of Appeals for the Ninth Circuit, in an unpublished opinion, affirmed a judgment against Brian M. Volmer and two corporate entities he controlled, International Alliance Trading, Inc. (International Alliance) and Sun Pacific Capital Group, Inc., that was entered by the Hon. J. Spencer Letts of the U.S. District Court for the Central District of California on October 18, 2000. After a bench trial, Judge Letts found Volmer and his two companies liable for touting the stock of two issuers on the internet without disclosing the compensation they received from the issuer for doing so, in violation of the anti-touting provision of the securities laws [Section 17(b) of the Securities Act of 1933 (Securities Act)]. The District Court also found that in an advertisement they placed in a nationally distributed newspaper Volmer and International Alliance violated the antifraud provisions of the securities laws [Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder] by misidentifying the author of the ad, misrepresenting the assets of the issuer promoted in the ad, and falsely recommending the stock as a good buy. The judgment enjoins Volmer and his two companies from further violations of the anti-touting provision and enjoins Volmer and International Alliance from violating the antifraud provisions. It also orders Volmer to disgorge $296,429.13 in illicit proceeds (both his compensation and trading profits), and imposes a civil penalty against him in the same amount. Volmer's wife, Lisa Newman Volmer, who was named in the Commission's complaint as a relief defendant, was ordered to disgorge $106,646 she received from Volmer, if he fails to satisfy the disgorgement judgment. The Court of Appeals affirmed the judgment of the District Court in all respects. Another defendant in the case, John R. Switzer, previously consented to the entry of a final judgment enjoining him from violating the anti- touting provision [Section 17(b) of the Securities Act]. The consent judgment against Switzer, which was entered on February 11, 2000, did not impose a civil penalty based upon Switzer's sworn representations concerning his financial condition. For further information see also LR 15952 (October 27, 1998). [SEC v. Brian M. Volmer, John R. Switzer, International Alliance Trading, Inc., Sun Pacific Capital Group, Inc., Defendants, and Lisa Newman Volmer, Relief Defendant, USDC, CDCA, No. CV 98-8698-JSL (Mex); SEC v. Brian M. Volmer, International Alliance Trading, Inc., Sun Pacific Capital Group, Inc., Defendants/Appellants, and Lisa Newman Volmer, Relief Defendant/Appellant, US Court of Appeals No. 00-57045 (9th Cir.)] (LR-17552) COURT ENTERS PERMANENT INJUNCTION ORDER AGAINST TERRY DOWDELL, WHO ADMITS TO ROLE IN $70 MILLION PONZI SCHEME On June 4, the Honorable James H. Michael, Jr., Senior U. S. District Judge for the Western District of Virginia, entered a permanent injunction order against Terry L. Dowdell, a Charlottesville, Virginia resident, and two entities that he controls in connection with a massive international Ponzi scheme that Dowdell orchestrated. The scheme raised more than $70 million from investors in the U.S. and abroad for a fictitious trading program purportedly being operated by Vavasseur Corporation, a Bahamian corporation that has also been named as a Defendant in this action. In a Consent and Stipulation filed with the permanent injunction order, Dowdell has admitted conducting the fraud. As the SEC's complaint states, Dowdell offered and sold, through various promoters and marketers in the U.S. and abroad, fictitious "prime bank" securities supposedly involving the purchase and sale of foreign bank trading instruments such as medium term debentures. Dowdell and his promoters told investors that his trading program would provide virtually risk-free returns of 4 percent per week for 40 weeks per year - up to 160% per year. As Dowdell admitted in his Consent and Stipulation, there was in fact no trading program. Instead, Dowdell was operating a classic Ponzi scheme in which old investors were being paid with new investor money. Dowdell admitted in his Consent and Stipulation that the Vavasseur scheme continued to operate even after the SEC filed its lawsuit and obtained a temporary restraining order on November 19, 200 freezing more than $21 million of investor funds that had been diverted by Dowdell into various domestic bank accounts under his control. Dowdell acknowledged that he was able to continue his scheme by using various foreign bank accounts controlled directly or indirectly by U.K. nationals. These foreign accounts include accounts at the Bank of Butterfield in Guernsey, the Bank of Ireland in Ireland, Fortis Bank in Belgium and Banamex in Mexico. Through the cooperative efforts of banks and government authorities in Guernsey, Ireland and Belgium, more than $7 million of investor funds have been frozen in those foreign jurisdictions. In its permanent injunction order, the Court found that Dowdell, and two of the entities that he controls, Dowdell Dutcher & Associates, Inc. and Emerged Market Securities, DE-LLC, violated the anti-fraud provisions of the federal securities laws. Among other things, the permanent injunction order requires Dowdell to disgorge all investor funds that he raised through the Vavasseur program. Additional information on how prime bank and other banking-related investment schemes work can be found at the SEC's Prime Bank Fraud Information Center (http://www.sec.gov/divisions/enforce/primebank.shtml) in the enforcement section of the SEC's Web site. [SEC v. Terry L. Dowdell, et al., Civil Action No. 3:01CV00116 (W.D. Virginia)] (LR-17553) SEC FILES SETTLED INSIDER TRADING ACTION AGAINST TWO FOREIGN NATIONALS IN CONNECTION WITH THE ACQUISITION OF DELHAIZE AMERICA, INC. BY IT BRUSSELS' BASED AFFILIATE, DELHAIZE LE LION The Commission today filed suit in the United States District Court for the Southern District of New York against two individuals for alleged violations of the antifraud provisions of the federal securities laws in connection with trading in the common stock of Delhaize America, Inc. shortly before an announcement, on September 7, 2000 of an offer by Brussels based Delhaize Le Lion to purchase all of the shares of Delhaize America, Inc. that it did not already own. Named as defendants in the complaint are Jean-Jacques Degroof who resides in Brussels, and his brother Francis Degroof , who resides in the French West Indies. The Complaint alleges that Jean Jacques and Francis Degroof purchased shares of Delhaize America, Inc. when they knew or recklessly disregarded the fact that they obtained the material nonpublic information concerning the contemplated buyout offer in breach of fiduciary of similar duties of trust. Without admitting or denying the substantive allegations, Jean-Jacques and Francis Degroof submitted settlements in which they consent to the entry of final judgments which would permanently enjoin them from violating antifraud Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; order them to: disgorge their alleged illegal trading profits of $85,674 and $50,000 respectively, plus prejudgment interest; and pay civil monetary penalties of $85,674 and $50,000 respectively. [SEC v. Jean-Jacques Degroof and Francis Degroof, Civil Action No. 02 CV 4385 (GBD) (SDNY)] (LR-17554) SEC FILES SETTLED CIVIL ACTION AGAINST EDWARD GOBORA, FORMER PORTFOLIO MANAGER AND HEAD OF FOREIGN EXCHANGE TRADING AT MERRILL LYNCH INVESTMENT MANAGERS, L.P. The Commission announced today that it has filed a settled enforcement action against Edward F. Gobora, the former global head of foreign exchange trading and a portfolio manager at Merrill Lynch Investment Mangers, L.P., an investment adviser registered with the Commisison. Without admitting or denying the allegations in the Commission's complaint, Gobora, age 35, of Newtown, Pennsylvania, consented to the entry of a final judgment which permanently enjoins him from violating the antifraud provisions of the federal securities laws and from violating reporting and recordkeeping provisions relating to investment advisers and investment companies. Gobora will pay a civil penalty of $75,000. Gobora also consented to a Commission Order which will bar him from association with any investment adviser for at least five years. The Commission's complaint, filed in the U.S. District Court for the District of Columbia, alleges that, during the period 1997 through April 2001 Gobora defrauded Merrill Lynch clients in two ways. The first scheme involved "cherry picking" short term foreign exchange trades, with profitable trades allocated by Gobora to favored clients, and losing trades given to unfavored clients. The second scheme involved delaying the execution and allocation of foreign exchange trades that were prompted by client trades of foreign securities; if the market moved positively after a position was opened, Gobora allocated the trade to favored clients, with the original client trading the foreign exchange at the later, less favorable price. The Merrill Lynch clients that were hurt by these schemes included several U.S. registered investment companies. Gobora will be permanently enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and from aiding and abetting violations of Sections 204, 206(1), 206(2) and 207 of the Investment Advisers Act of 1940 and Rule 204-2 thereunder, and from aiding and abetting violations of Sections 31(a) and 34(b) of the Investment Company Act of 1940 and Rule 31a-1 thereunder. The SEC is continuing its investigation of this matter as it relates to other parties. [SEC v. Edward F. Gobora, U.S. District Court for the District of Columbia, Docket No. 1:02CV01136 (RJL)] (LR-17555) COURT GRANTS DEFAULT JUDGMENT IN SALE OF FRAUDULENT CHARITABLE GIFT ANNUITIES On June 7, Judge James A. Teilborg, United States District Judge for the District of Arizona, granted the Commission's request for a judgment by default against defendants Robert R. Dillie (Dillie) and Mid-America Foundation, Inc. (Mid-America) and relief defendant Mid- America Financial Group (MAFG). The Commission's Complaint accused Dillie and Mid-America of fleecing hundreds of mostly elderly investors out of an estimated $54 million, since 1997, from the sale of Charitable Gift Annuities (CGA). Dillie and Mid-America claimed, among other things: that the CGA investment scheme offered a safe, steady income, tax benefits, and a means to effect charitable donations; and that a CGA was fully backed by funds invested in stocks, bonds, money market funds, and federal obligations. Rather than investing the funds as promised, Dillie misappropriated the investors' funds and used the proceeds to pay personal, and often extravagant, expenses, including aircraft charters, gambling debts, personal residences, a ranch and child support. The Court's order permanently enjoins Dillie and Mid-America from future violations of 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, and directs Dillie and Mid-America to pay disgorgement, plus prejudgment interest, and a civil penalty and MAFG to pay disgorgement, plus prejudgment interest, in amounts to be determined at a later date upon the Commission's application to the Court. [SEC v. Robert R. Dillie and Mid-America Foundation, Inc. and Mid-America Financial Group, Inc. (relief defendant). Case No. CV-01-2493-PHX-JAT, District of Arizona, Phoenix Division] (LR-17556) INVESTMENT COMPANY ACT RELEASES THE WACHOVIA FUNDS, ET AL. An order has been issued on an application filed by The Wachovia Funds, et al. for an exemption from Section 17(a) of the Investment Company Act. The order permits certain series of registered open-end management investment companies to acquire all of the assets and certain identified liabilities of certain other series of the investment companies. Because of certain affiliations, applicants may not rely on Rule 17a-8 under the Act. (Rel. IC-25602 - June 4) PIONEER AMERICA INCOME TRUST, ET AL. A notice has been issued giving interested persons until July 2, 2002, to request a hearing on an application filed by Pioneer America Income Trust, 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 joint transactions. The order would permit certain registered management investment companies and certain entities that are excluded from the definition of investment company by Section 3(c)(1), 3(c)(7) and 3(c)(11) of the Act to invest uninvested cash and cash collateral in (a) shares of one or more affiliated money market or short-term bond funds or (b) one or more affiliated entities that operate as cash management investment vehicles and that are excluded from the definition of investment company by Section 3(c)(1) or 3(c)(7) of the Act. The order also would permit the registered investment companies and the affiliated entities to continue to engage in transactions involving portfolio securities in reliance on Rule 17a-7 under the Act. (Rel. IC-25607 - June 7) 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: . SB-2 SECURIT E DOC INC, 1689 FORUM PL W, W PALM BEACH, FL, 33401, 5618332303 - 0 ($15,361,330.00) Equity, (File 333-90100 - Jun. 10) (BR. 03) S-3 GATEWAY INC, 610 GATEWAY DR, NORTH SIOUX CITY, SD, 57049, 6052322594 - 0 ($30,021,382.00) Equity, (File 333-90102 - Jun. 10) (BR. 03) S-8 GATEWAY INC, 610 GATEWAY DR, NORTH SIOUX CITY, SD, 57049, 6052322594 - 0 ($80,880,000.00) Equity, (File 333-90104 - Jun. 10) (BR. 03) S-1 CHICAGO MERCANTILE EXCHANGE HOLDINGS INC, 30 S. WACKER DR, CHICAGO, IL, 60606, 3129301000 - 0 ($150,000,000.00) Equity, (File 333-90106 - Jun. 10) (BR. 07) S-3 MOTHERS WORK INC, 456 N 5TH ST, PHILADELPHIA, PA, 19123, 2158732200 - 0 ($125,000,000.00) Non-Convertible Debt, (File 333-90108 - Jun. 10) (BR. 02) S-3 MOTHERS WORK INC, 456 N 5TH ST, PHILADELPHIA, PA, 19123, 2158732200 - 0 ($42,099,200.00) Equity, (File 333-90110 - Jun. 10) (BR. 02) S-8 GLOBAL TELEPHONE COMMUNICATION INC /NV/, SUITE 1800 10 SOUTH RIVERSIDE PLAZA, CHICAGO, IL, 60606, 8779014824 - 0 ($10,000.00) Equity, (File 333-90112 - Jun. 10) (BR. 06) SB-2 EASY COM INC, 16 JULIA STREET, THORNHILL ONTARIO, CANADA L3T 4RD, 9057310189 - 2,000,000 ($1,000,000.00) Equity, (File 333-90114 - Jun. 10) (BR. 09) S-8 MARTHA STEWART LIVING OMNIMEDIA INC, 20 WEST 43RD STREET, NEW YORK, NY, 10036, 2128278000 - 0 ($47,182,500.00) Equity, (File 333-90118 - Jun. 10) (BR. 05) S-8 SUN POWER CORP, 440 755 BURRARD STREET, VANCOUVER CANADA, A1, 00000, 5,000,000 ($10,300,000.00) Equity, (File 333-90120 - Jun. 10) (BR. 02) S-8 COMMERCE GROUP CORP /WI/, 6001 N 91ST ST, MILWAUKEE, WI, 53225-1795, 4144625310 - 1,500,000 ($330,000.00) Equity, (File 333-90122 - Jun. 10) (BR. 04) SB-2 VITAL HEALTH TECHNOLOGIES INC, 6516979191 - 1,532,474 ($781,562.00) Equity, (File 333-90124 - Jun. 10) (BR. 36) S-8 ROCKY MOUNTAIN ENERGY CORP, 333 N SAM HOUSTON PKWY E, SUITE 910, HOUSTON, TX, 77060, 281-448-6500 - 2,500,000 ($125,000.00) Equity, (File 333-90126 - Jun. 10) (BR. 09) S-8 CENTURY LABORATORIES INC, 612 BOBELAINE DRIVE, -, SANTA ROSA, CA, 95404, 818-242-1490 - 240,000 ($240,000.00) Equity, (File 333-90128 - Jun. 10) (BR. 09) S-3 TRIAD FINANCIAL CORP, 7711 CENTER AVENUE, SUITE 250, HUNTINGTON BEACH, CA, 92647, 7143738300 - 0 ($1,000,000.00) Asset-Backed Securities, (File 333-90130 - Jun. 10) (BR. 05) S-8 VITRIA TECHNOLOGY INC, 945 STEWART DR, SUNNYVALE, CA, 94086, 6502376900 - 0 ($9,171,614.00) Equity, (File 333-90132 - Jun. 10) (BR. 03) S-8 NORTH FORK BANCORPORATION INC, 275 BROAD HOLLOW RD, PO BOX 8914, MELVILLE, NY, 11747, 6318441004 - 0 ($38,530,000.00) Equity, (File 333-90134 - Jun. 10) (BR. 07) S-8 BANKATLANTIC BANCORP INC, 1750 E SUNRISE BLVD, FORT LAUDERDALE, FL, 33304, 9547605000 - 0 ($16,005,000.00) Equity, (File 333-90136 - Jun. 10) (BR. 07) SB-2 QUALMARK CORP, 1329 W 121 AVE, DENVER, CO, 80234, 3032548800 - 0 ($3,353,904.00) Equity, (File 333-90138 - Jun. 10) (BR. 36) S-8 CHUBB CORP, 15 MOUNTAIN VIEW RD P O BOX 1615, WARREN, NJ, 07061, 9089032000 - 0 ($567,417,500.00) Equity, (File 333-90140 - Jun. 10) (BR. 01) S-8 CAMCO FINANCIAL CORP, 6901 GLENN HIGHWAY, CAMBRIDGE, OH, 43725, 7404325641 - 0 ($1,762,897.00) Equity, (File 333-90142 - Jun. 10) (BR. 07) S-8 TEXAS REGIONAL BANCSHARES INC, 3700 N TENTH STE 301, PO BOX 5910, MCALLEN, TX, 78501, 9566315400 - 0 ($4,484,000.00) Equity, (File 333-90144 - Jun. 10) (BR. 07) S-8 TEXAS REGIONAL BANCSHARES INC, 3700 N TENTH STE 301, PO BOX 5910, MCALLEN, TX, 78501, 9566315400 - 0 ($4,484,000.00) Equity, (File 333-90146 - Jun. 10) (BR. 07) S-1 CELERITY GROUP INC, 1463 CENTRE POINTE DRIVE, MILPITAS, CA, 95035, 0 ($300,000,000.00) Equity, (File 333-90150 - Jun. 10) (BR. ) S-8 CAMCO FINANCIAL CORP, 6901 GLENN HIGHWAY, CAMBRIDGE, OH, 43725, 7404325641 - 400,000 ($5,800,000.00) Equity, (File 333-90152 - Jun. 10) (BR. 07) S-8 ALSTOM, 25 AVENUE LIEBER, PARIS FRANCE, I0, 75116, 900,000 ($19,476,000.00) Equity, (File 333-90154 - Jun. 10) (BR. 36) S-8 AMSURG CORP, 20 BURTON HILLS BLVD, STE 350, NASHVILLE, TN, 37215, 6156651283 - 0 ($29,360,000.00) Equity, (File 333-90156 - Jun. 10) (BR. 01) S-8 CAMCO FINANCIAL CORP, 6901 GLENN HIGHWAY, CAMBRIDGE, OH, 43725, 7404325641 - 0 ($6,380,000.00) Equity, (File 333-90158 - Jun. 10) (BR. 07) S-3 NETRATINGS INC, 890 HILLVIEW CT, STE 300, MILPITAS, CA, 95035, 4089570699 - 0 ($5,057,390.00) Equity, (File 333-90160 - Jun. 10) (BR. 08) S-8 CIRCLE GROUP INTERNET INC, 1011 CAMPUS DRIVE, 310-556-0080, MUNDELEIN, IL, 60060, 847-549-60 - 116,000 ($58,000.00) Equity, (File 333-90164 - Jun. 10) (BR. 08) S-8 CAMCO FINANCIAL CORP, 6901 GLENN HIGHWAY, CAMBRIDGE, OH, 43725, 7404325641 - 0 ($1,717,628.00) Equity, (File 333-90166 - Jun. 10) (BR. 07) SB-2 MULTIMOD INVESTMENTS LTD, 16 JULIA STREET, -, THORNHILL L3T 4RD, A6, 00000, 9057310189 - 2,000,000 ($1,000,000.00) Equity, (File 333-90168 - Jun. 10) (BR. 09) S-8 MCMORAN EXPLORATION CO /DE/, 1615 POYDRAS ST, NEW ORLEANS, LA, 70112, 5045824000 - 600,000 ($1,194,000.00) Equity, (File 333-90170 - Jun. 10) (BR. 04) S-8 8X8 INC /DE/, 2445 MISSION COLLEGE BLVD, SANTA CLARA, CA, 95054, 4087271885 - 1,416,589 ($906,616.96) Equity, (File 333-90172 - Jun. 10) (BR. 36) S-8 KAIRE HOLDINGS INC, 7348 BELLAIRE, NORTH HOLLYWOOD, CA, 91605, 8182554996 - 25,000,000 ($250,000.00) Equity, (File 333-90174 - Jun. 10) (BR. 01) S-8 TORPEDO SPORTS USA INC, 386 NORTH 210 EAST, MAPLETON, UT, 84664, 8014890222 - 1,000,000 ($1,950,000.00) Equity, (File 333-90176 - Jun. 10) (BR. 09) S-8 GENERAL MAGIC INC, 420 N MARY AVE, SUNNYVALE, CA, 94085, 4087744000 - 0 ($256,050.00) Equity, (File 333-90178 - Jun. 10) (BR. 03) SB-2 SUPER VENTURES CORP, 16 JULIA STREET, THORNHILL ONTARIO, CANADA L3T 4RD, 9057310189 - 2,000,000 ($1,000,000.00) Equity, (File 333-90184 - Jun. 10) (BR. 09) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: Item 1. Changes in Control of Registrant. Item 2. Acquisition or Disposition of Assets. Item 3. Bankruptcy or Receivership. Item 4. Changes in Registrant's Certifying Accountant. Item 5. Other Materially Important Events. Item 6. Resignations of Registrant's Directors. Item 7. Financial Statements and Exhibits. Item 8. Change in Fiscal Year. Item 9. Regulation FD Disclosure. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT ------------------------------------------------------------------------------------ ABBOTT MINES LTD NV X X X X 05/24/02 ABN AMRO MORTGAGE CORP SERIES 2002-1A DE X 05/23/02 ABN AMRO MORTGAGE CORP SERIES 2002-5 IL X X 06/10/02 ADELPHIA COMMUNICATIONS CORP DE X 06/10/02 ADVANCED BIOTHERAPY INC NV X X 06/10/02 ALEXANDRIA REAL ESTATE EQUITIES INC MD X 06/05/02 AMERICAN BANK NOTE HOLOGRAPHICS INC DE X X 06/10/02 AMERICAN COMMERCIAL LINES LLC DE X X 05/29/02 AMERIQUEST MORTGAGE SECURITIES INC DE X X 06/07/02 AMERIQUEST MORTGAGE SECURITIES INC DE X 06/07/02 ANIKA THERAPEUTICS INC MA X X 06/06/02 ANTIGENICS INC /DE/ DE X X 06/10/02 ARRIS GROUP INC DE X X 06/07/02 ATLANTIC COAST AIRLINES HOLDINGS INC DE X 06/10/02 AUTOFUND SERVICING INC NV X 03/31/02 AVI BIOPHARMA INC OR X X X 05/15/02 AMEND BANK OF AMERICA MORTGAGE SEC INC MORT DE X X 03/26/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 05/30/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 02/21/02 BEPARIKO BIOCOM NV X X 06/07/02 AMEND BETHLEHEM STEEL CORP /DE/ DE X X 06/07/02 BLUE RIVER BANCSHARES INC IN X X 06/07/02 BOUNDLESS VISION INC NV X 06/07/02 CABOT CORP DE X X 06/06/02 CAREADVANTAGE INC DE X X 06/06/02 CD WAREHOUSE INC DE X 06/07/02 CEDAR INCOME FUND LTD /MD/ MD X X 05/24/02 CHATTEM INC TN X X 03/28/02 AMEND CIGNA CORP DE X 06/10/02 CLIMACHEM INC OK X 05/24/02 CONSOL ENERGY INC X X 06/05/02 CONTINENTAL AIRLINES INC /DE/ DE X X 06/10/02 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 06/10/02 CRESTED CORP CO X 02/15/02 D&E COMMUNICATIONS INC PA X X X 05/24/02 DOLLAR GENERAL CORP TN X 06/06/02 DRESSER INC DE X X 06/10/02 ECHO BAY MINES LTD A0 X X 06/10/02 ECOM CORP NV X X 05/28/02 ELECTRIC & GAS TECHNOLOGY INC TX X 06/07/02 EMAGIN CORP NV X X 06/07/02 ENCORE ACQUISITION CO DE X X 06/10/02 ENCORE ACQUISITION CO DE X 06/10/02 ENESCO GROUP INC MA X X 06/10/02 EOS INTERNATIONAL INC DE X X 06/07/02 ESSENTIAL THERAPEUTICS INC CA X X 06/10/02 EXABYTE CORP /DE/ DE X X 06/04/02 EXELON CORP PA X 06/10/02 FIRST COMMUNITY BANCORP /CA/ CA X X 06/10/02 FIRST DEFIANCE FINANCIAL CORP OH X X 06/07/02 FIRST HORIZON ASSET SECURITIES INC DE X X 05/30/02 FONIX CORP DE X 06/06/02 FRANKLIN COVEY CO UT X 06/06/02 AMEND FURNITURE BRANDS INTERNATIONAL INC DE X X 06/10/02 GENERAL GROWTH PROPERTIES INC DE X X 05/28/02 GLOBAL CROSSING LTD X X 06/07/02 GOLFGEAR NV X X 05/30/02 HAWAIIAN ELECTRIC INDUSTRIES INC HI X 06/10/02 HERITAGE FINANCIAL CORP /WA/ WA X X 06/03/02 HORIZON PCS INC DE X X 06/07/02 INLAND RESOURCES INC WA X X 06/06/02 INRANGE TECHNOLOGIES CORP X X 06/07/02 INSITUFORM TECHNOLOGIES INC DE X X 06/10/02 INSITUFORM TECHNOLOGIES INC DE X X 06/10/02 INSTINET GROUP INC DE X X 06/10/02 INTEGRATED ELECTRICAL SERVICES INC DE X X 06/06/02 INTELEFILM CORP MN X X 06/07/02 INTERNATIONAL BANCSHARES CORP TX X X 06/10/02 INTERNATIONAL ISOTOPES INC TX X X 04/01/02 AMEND KOPIN CORP DE X 06/10/02 L 3 COMMUNICATIONS HOLDINGS INC DE X X 06/06/02 LONE STAR TECHNOLOGIES INC DE X X 06/06/02 LSB INDUSTRIES INC DE X 05/24/02 MCMORAN EXPLORATION CO /DE/ DE X X 05/31/02 METROCALL INC DE X X 06/06/02 METROLOGIC INSTRUMENTS INC NJ X 06/06/02 MICRON ENVIRO SYSTEMS INC X 06/05/02 NOBLE CORP X X 06/10/02 NORTEL NETWORKS CORP X X 06/06/02 NORTEL NETWORKS LTD X X 06/06/02 NOVELL INC DE X X 06/09/02 PALM HARBOR HOMES INC /FL/ FL X X 06/07/02 PAWNMART INC DE X X 05/20/02 PILLOWTEX CORP TX X 05/24/02 AMEND PNM RESOURCES NM X 06/07/02 PNM RESOURCES NM X 05/31/02 PREFERREDPLUS TRUST SERIES MSD-1 DE X 05/29/02 PREFERREDPLUS TRUST SERIES MSD-1 DE X X 05/29/02 PRINTWARE INC MN X 06/10/02 RELIANT RESOURCES INC DE X 06/06/02 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 05/30/02 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 05/30/02 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 06/10/02 AMEND RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 06/10/02 AMEND ROAST N ROLL RESTAURANTS OF THE PAST NV X 06/01/02 AMEND SANGSTAT MEDICAL CORP DE X X 03/31/02 SILVERSTREAM SOFTWARE INC DE X X 06/09/02 SIMON PROPERTY GROUP INC /DE/ DE X X 06/07/02 SIMON PROPERTY GROUP INC /DE/ DE X X 06/07/02 SIMON PROPERTY GROUP L P /DE/ DE X X 06/10/02 SMART & FINAL INC/DE DE X X 06/04/02 SPX CORP DE X X 06/07/02 STATEFED FINANCIAL CORP DE X X 06/07/02 STERIS CORP OH X X 06/07/02 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X 05/30/02 T REIT INC VA X X 06/10/02 AMEND TASER INTERNATIONAL INC X X 06/03/02 TASKER CAPITAL CORP NV X X 05/22/02 TECO ENERGY INC FL X X 05/13/02 TENNESSEE GAS PIPELINE CO DE X X 06/10/02 TIPPERARY CORP TX X X 05/24/02 TIVO INC DE X 05/09/02 AMEND TMBR SHARP DRILLING INC TX X 06/03/02 TRANSWORLD HEALTHCARE INC NY X X 06/07/02 TRAVIS BOATS & MOTORS INC TX X 03/13/02 TRITON NETWORK SYSTEMS INC DE X 06/04/02 UNITED SURGICAL PARTNERS INTERNATIONA DE X 03/27/02 AMEND UNITED TRUST GROUP INC IL X 06/10/02 US ENERGY CORP WY X 05/30/02 VITALSTATE INC NY X 03/27/02 AMEND WESTERN RESOURCES INC /KS KS X X 06/10/02 WFS RECEIVABLES CORP CA X X 05/30/02 WNC HOUSING TAX CREDIT FUND VI LP SER CA X X 04/01/02 WNC HOUSING TAX CREDIT FUND VI LP SER CA X 04/10/02 AMEND XO COMMUNICATIONS INC DE X 06/07/02