SEC NEWS DIGEST Issue 2006-108 June 6, 2006 COMMISSION ANNOUNCEMENTS SUSAN FERRIS WYDERKO, DIRECTOR OF THE OFFICE OF INVESTOR EDUCATION AND ASSISTANCE, TO LEAVE COMMISSION The Securities and Exchange Commission announced today that Susan Ferris Wyderko, Director of the Office of Investor Education and Assistance, will leave the Commission in June. She will become the Executive Director of the Independent Mutual Fund Directors Forum, a non-profit organization dedicated to improving mutual fund governance. Chairman Cox said, "America's investors have been well and truly served by Ms. Wyderko. She has been a forceful advocate for better disclosure in every position that she has held within the agency. She has evidenced a total commitment to the mission of the SEC, and has done her work with great enthusiasm and uncompromising principles." Ms. Wyderko said, "I am very proud to have been part of the staff of the Commission and to have worked with such a dedicated and talented group of individuals. It has been an honor to work in support of the Commission's unwavering commitment to investor protection. It has also been an honor to work with Chairman Cox and the Commissioners and their predecessors on behalf of individual investors." Ms. Wyderko has been the Director of the Office of Investor Education and Assistance since 2000. She has held other senior jobs within the Commission, most recently as the Commission's Acting Director of the Division of Investment Management from January to May of this year. She has also served as the Director of the Office of Legislative Affairs, the Acting Director of the Office of Public Affairs, and Counsel to Chairman Arthur Levitt. She joined the Commission's staff in 1985 as a staff attorney in the Office of the General Counsel, and has also worked in the Trial Unit of the Division of Enforcement. Ms. Wyderko has appeared frequently in television and radio, delivering the Commission's investor education messages. She has testified before Congress on behalf of the Commission and has worked with many other Government agencies and public-private partnerships to ensure widespread distribution of neutral and unbiased educational information. During her tenure in the Office of Investor Education and Assistance, Ms. Wyderko launched a number of inventive investor education initiatives, including podcasting of SEC educational information; creation of an innovative series of fake scam websites to educate potential victims of financial fraud; development of targeted information for uniquely vulnerable populations, including seniors, teachers, and military families; and an investor education outreach program to public librarians throughout the country. Ms. Wyderko received the Commission's Distinguished Service Award in 2005 for her exceptionally creative approach to investor education. She is also a recipient of the Commission's Stanley Sporkin Award, which recognizes those who have made "exceptionally tenacious and insightful contributions" to the enforcement of the federal securities laws, and the Federal Bar Association's Manuel F. Cohen Younger Lawyer Award in recognition of her "maturity of judgment, tenacity and creativity in resolving complex legal matters." She has received the Commission's Law and Policy Award on three separate occasions. She began her legal career as an Associate at the law firm of Miller & Chevalier, Chartered, and is a graduate of Wellesley College and Cornell Law School. (Press Rel. 2006-88) ENFORCEMENT PROCEEDINGS IN THE MATTER OF JEFFREY GIBSON On June 5, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940 (Order) against Jeffrey L. Gibson. The Division of Enforcement alleges that on May 9, 2006, Gibson was permanently enjoined from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940, in the civil action entitled SEC v. Jeffrey L. Gibson, et al., Civil Action Number 4:05-CV-163-RLV, in the U.S. District Court for the Northern District of Georgia. The Commission's complaint alleged that, from at least December 2002 through April 2003, Gibson solicited monies from investment advisory clients to invest in a limited partnership controlled by Investment Property Management, LLC, a limited liability company, wholly owned and operated by Gibson. The purpose of the limited partnership was purportedly to purchase car wash businesses. The Complaint further alleged that beginning in December 2002, Gibson misappropriated at least $450,000 from the limited partnership funds which he converted to his own use. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide the Respondent an opportunity to dispute these allegations, and to determine what, if any, remedial sanctions are appropriate and in the public interest. The Order requires the Administrative Law Judge to issue an initial decision no later than 210 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission's Rules of Practice. (Rels. 34-53939; AAE Rel. 2519; File No. 3-12323) IN THE MATTER OF CAPITALWORKS INVESTMENT PARTNERS, LLC AND MARK CORRENTI On June 6, the Commission sanctioned CapitalWorks Investment Partners, LLC (CapitalWorks), a San Diego registered investment adviser, and Mark J. Correnti, age 47, of San Diego, its part-owner and director of client service and marketing, for making false and misleading representations to clients and potential clients about the results of a 2002 Commission inspection. CapitalWorks and Correnti agreed to settle the charges, without admitting or denying the Commission's findings, by agreeing to the issuance of a censure, a cease-and-desist order, and payment of civil penalties of $40,000 and $25,000, respectively. In mid-2002, the Commission's investment adviser inspection staff conducted an inspection of CapitalWorks and issued a "deficiency letter" to the firm which identified various problems under the federal securities laws that needed to be rectified. The deficiencies related to the firm's advertising, marketing and performance, custody of client assets, assignment of advisory contracts, and internal controls. The Commission's order found that from August 2002 through December 2004, CapitalWorks and Correnti misrepresented facts to current and prospective clients in twelve responses to requests for information and requests for proposals (RFPs). The RFPs requested specific information relating to regulatory audits, inspections, or examinations. Correnti, as CapitalWorks' director of client service and marketing and head of compliance, had ultimate responsibility for the accuracy of the responses. He was fully aware of the deficiencies that had been identified in the Commission's inspection but failed to ensure their disclosure. For example, in 10 responses to RFPs, CapitalWorks falsely stated that "[t]he SEC did not find any deficiencies and required no follow-up actions." In addition, even though investment advisers were required to adopt written procedures reasonably designed to prevent violations of the Investment Advisers Act of 1940 by October 2004, CapitalWorks did not adopt procedures that would address the inaccurate responses to requests for proposals until April 2005. CapitalWorks and Correnti consented to the issuance of an order which censures them and orders them to cease and desist from future violations of Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-7 thereunder, and to pay civil penalties of $40,000 and $25,000, respectively. CapitalWorks will also undertake compliance measures designed to prevent future violations. These measures include retaining an independent consultant to review CapitalWorks' written procedures for responding to requests for proposals. CapitalWorks will also provide a copy of the Commission's order to all existing clients and prospective clients for one year. (Rel. IA-2520; File No. 3-12324) SEC IMPOSES INVESTMENT ADVISER AND BROKER-DEALER BARS AGAINST SHARON VAUGHN AND REVOKES THE REGISTRATION OF HER INVESTMENT ADVISER FIRM On June 6, the Commission entered an Order Making Findings and Imposing Remedial Sanctions against Sharon E. Vaughn, a resident of Lake Forest, Illinois, and Directors Financial Group, Ltd. (DFG), Vaughn's firm, in the administrative proceeding, In the Matter of Sharon E. Vaughn and Directors Financial Group, Ltd., File No. 3- 12266. The Order revokes DFG's investment adviser registration pursuant to Section 203(e) of the Investment Advisers Act of 1940 (the Advisers Act), and permanently bars Vaughn from associating with any investment adviser, broker, or dealer pursuant to Section 203(f) of the Advisers Act and Section 15(b)(6) of the Securities Exchange Act of 1934 (the Exchange Act). The Commission brought the administrative proceeding against Vaughn and DFG on April 19, 2006 based on an injunction entered by the U.S. District Court for the Northern District of Illinois in SEC v. Vaughn, et al., 06-C-1135. DFG and Vaughn consented to entry of the Order without admitting or denying the findings contained in the Order except as to jurisdiction, the fact that the Commission had filed a complaint in the District Court, and the fact that the District Court had entered a permanent injunction against Vaughn and DFG. The District Court action arose out of Vaughn's and DFG's investment of $25 million held by Directors Performance Fund, LLC (the Fund) - a hedge fund that Vaughn and DFG managed - in a fraudulent trading program (the Trading Program). The Trading Program was, in reality, a "Prime Bank" scheme, in which promoters represented that they could make exorbitant guaranteed returns, with no risk to the investor's principal, by complex trading in an exclusive (and secret) market in unspecified (and, in reality, non-existent) bank instruments. The Commission's complaint in the District Court alleged that, in the course of investing the Fund's assets in the fraudulent Trading Program, DFG and Vaughn (a) made material misrepresentations to the Fund's investors regarding the Fund's trading strategy, permitted investments, and risk of loss, (b) did not properly investigate the Trading Program investment before committing the Fund's assets, (c) failed to disclose material facts to investors regarding their investments, including the nature and structure of the Fund's investment in the Trading Program, and (d) produced inaccurate records to, and withheld other records from, the Commission's exam staff during the Commission's examination of DFG. On March 2, 2006, the Court enjoined Vaughn and DFG from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Advisers Act. The Court also enjoined DFG from violating, and Vaughn from aiding and abetting any violation of, Section 204 of the Advisers Act and Rule 204-2 thereunder. DFG and Vaughn consented to entry of the injunction by the District Court without admitting or denying the allegations of the complaint. (Rels. 34-53943; IA-2521; File No. 3-12266) SEC SANCTIONS AUDIT ENGAGEMENT PARTNER FOR IMPROPER PROFESSIONAL CONDUCT DURING MONEY MARKET FUND AUDIT On June 6, the Commission issued an Order Instituting Public Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions (Order) against David A. Rodriguez, CPA (Rodriguez). The Order concerns an enforcement action based on a failed audit of the financial statements of the Liquid Green Money Market Fund (Liquid Green). Without admitting or denying the Commission's findings, Rodriguez simultaneously agreed to settle the proceedings by consenting to a finding that he engaged in improper professional conduct and a prohibition from appearing or practicing before the Commission as an accountant, with a right to apply for reinstatement after 12 months. In the Order, the Commission found that Rodriguez, a former partner in the accounting firm McCurdy & Associates CPAs, Inc. (McCurdy & Associates) who currently resides in Santa Fe, New Mexico, engaged in improper professional conduct during the audit of Liquid Green's financial statements for the fiscal year ended Sept. 30, 2001. Despite knowing that more than half of Liquid Green's investment portfolio consisted of bonds with maturities that appeared to make them ineligible for a money market fund pursuant to Rule 2a-7 under the Investment Company Act of 1940, Rodriguez did not perform adequate audit procedures to review or test the bonds to determine whether they were in fact eligible for a money market fund. As a result, Rodriguez failed to detect that the fund's financial statements and related notes contained material misrepresentations, including that Liquid Green was a "money market fund" and that it was proper for the fund to use the amortized cost method to value its portfolio securities. Because he did not audit Liquid Green's financial statements properly, Rodriguez caused his firm to issue an audit report with an unqualified opinion falsely representing that Liquid Green's financial statements fairly presented the fund's financial position in conformity with generally accepted accounting principals and that McCurdy & Associates had conducted its audit in accordance with generally accepted auditing standards. (Rel. 34-53944; AAE Rel. 2437; File No. 3-12325) SEC OBTAINS PRELIMINARY INJUNCTIONS AND ASSET FREEZES AGAINST MASSACHUSETTS-BASED INVESTMENT ADVISER The Commission announced that on June 6 it filed an emergency enforcement action in federal court in the District of Massachusetts and obtained, by consent, preliminary injunctions, asset freezes and other relief against Frank J. Russo, a Massachusetts-based investment adviser and three affiliated entities in connection with a scheme to defraud investors through investments in limited partnerships. The Commission's complaint alleges that Russo, of Wakefield, Massachusetts, and his investment advisory corporation, FJR Corporation, raised at least $15 million from at least 160 investors in 12 states to invest in two limited partnerships controlled by Russo: Russo Associates Limited Partnership and Eliot Partners. The Commission's complaint alleges that since at least 1996, Russo, FJR, Russo Associates and Eliot Partners offered and sold unregistered interests in limited partnerships. Further, the Commission alleges that while Russo told investors they could expect returns of approximately 10% and told some investors their money would be invested in safe and conservative securities, he instead diverted at least $11.5 million to a private California corporation he co-founded with a college friend. According to the complaint, not only did Russo fail to disclose this purported investment to investors, but he issued false and misleading account statements and began paying investors returns and redemptions from new investor funds. The Commission's complaint alleges that the defendants variously violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, Section 206(1) and 206(2) of the Investment Advisers Act of 1940 and Section 7(a) of the Investment Company Act of 1940. With the consent of the defendants, the Honorable Morris E. Lasker issued a preliminary injunction against further violations of the securities laws, an order freezing defendants' assets, an order prohibiting the acceptance of additional investor funds, an accounting of assets and an order prohibiting the alteration or destruction of relevant documents, as well as other relief, against all defendants. The defendants have not admitted any of the allegations of the complaint, except as to jurisdiction. The Commission also seeks the entry of a permanent injunction, disgorgement of ill-gotten gains, plus pre- judgment interest as to all defendants and the imposition of civil monetary penalties against defendants Russo and FJR. The Commission acknowledges Massachusetts Secretary of State William Francis Galvin's Securities Division, which first alerted the Commission to Russo's activities and at the same time imposed a temporary restraining order against Russo on May 25, 2006, requiring him to cease all investment advisory activities. [SEC v. Frank J. Russo, FJR Corporation, Russo Associates Limited Partnership and Eliot Partners, USDC for the District of Massachusetts, C.A. No.06-10984- MEL] (LR-19718) ADDITIONS AND CORRECTIONS A summary in the May 31st issue of the Digest concerning Robert Kozak and John Flanagan (Rel. 34-53887; File No. 3-12309) should have appeared as follows: ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST ROBERT KOZAK AND JOHN FLANAGAN On May 30, 2006, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Notice of Hearing (Order) against Robert Kozak (Kozak), residing in Atlantic Beach, New York, and John Flanagan (Flanagan), residing in Medford, New York. In the Commission's Order, the Division of Enforcement alleges that Kozak and Flanagan pled guilty before the U.S. District Court for the Eastern District of New York to criminal charges of securities fraud in U.S. v. Steven Ingrassia, et al., 04-CR-455 (EDNY). The counts of the criminal indictment to which Kozak and Flanagan pled guilty alleged that while at Donald & Co. Securities, Inc., a now defunct broker-dealer, they willfully and knowingly defrauded investors by means of materially false and misleading statements and omissions, and that they used the United States mails to make materially false and misleading statements and omissions. A hearing will be will be scheduled before an Administrative Law Judge to determine whether the allegations against the respondents are true, to provide them with an opportunity to respond to the allegations, and to determine what, if any, remedial sanctions are appropriate and in the public interest. The Order requires the Administrative Law Judge to issue an initial decision no later than 210 days from the date of service of the Order, pursuant to Rule 360(a)(2) of the Commission's Rules of Practice. For additional information see Administrative Proceeding File No. 3- 11487 (May 14, 2004). (Rel. 34-53887; File No. 3-12309) 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 Farrier Resources Corp, 305 3495 CAMBIE STREET, VANCOUVER, A1, V5Z 4R3, (604) 669-9740 - 2,118,000 ($529,000.00) Equity, (File 333-134715 - Jun. 5) (BR. 09) S-1 Great Wolf Resorts, Inc., 122 WEST WASHINGTON AVENUE, MADISON, WI, 53703, 608-661-4700 - 2,300,000 ($57,500,000.00) Equity, (File 333-134716 - Jun. 5) (BR. 08B) SB-2 HUMAN BIOSYSTEMS INC, 1127 HARKER AVE, PALO ALTO, CA, 94301, 6503230943 - 10,500,000 ($2,205,000.00) Equity, (File 333-134717 - Jun. 5) (BR. 01C) SB-2 WHERIFY WIRELESS INC, 2000 BRIDGE PARKWAY, SUITE 201, REDWOOD SHORES, CA, 94538, 5592222229 - 11,823,201 ($10,049,721.00) Equity, (File 333-134718 - Jun. 5) (BR. 03C) S-8 KOMAG INC /DE/, 1710 AUTOMATION PWY, SAN JOSE, CA, 95131, 4085762000 - 0 ($207,250,000.00) Equity, (File 333-134719 - Jun. 5) (BR. 11C) S-8 LSB CORP, C/O LSB CORP., 30 MASSACHUSETTS AVE., NORTH ANDOVER, MA, 01845, 9789757500 - 0 ($6,718,000.00) Equity, (File 333-134720 - Jun. 5) (BR. 07B) S-3ASR HOVNANIAN ENTERPRISES INC, 10 HWY 35, PO BOX 500, RED BANK, NJ, 07701, 7327477800 - 0 ($0.00) Debt, (File 333-134721 - Jun. 5) (BR. 06C) S-4 Mirant North America, LLC, 1155 PERIMETER CENTER WEST, ATLANTA, GA, 30338, (678) 579-5000 - 0 ($850,000,000.00) Non-Convertible Debt, (File 333-134722 - Jun. 5) (BR. 02) S-8 NOVA OIL INC, 17922 NORTH HATCH ROAD, COLBERT, WA, 99005, 5094660576 - 0 ($32,500,000.00) Equity, (File 333-134723 - Jun. 5) (BR. 04A) S-3ASR BJ SERVICES CO, 4601 WESTWAY PARK BLVD, HOUSTON, TX, 77041, 7134624239 - 0 ($0.00) Non-Convertible Debt, (File 333-134724 - Jun. 5) (BR. 04B) S-8 InfoSearch Media, Inc., 310-437-7380 - 2,250,054 ($787,518.90) Equity, (File 333-134726 - Jun. 5) (BR. 08C) SB-2 CHINA BIOPHARMACEUTICALS HOLDINGS INC, C/O NANJING KEYUAN, 139 MA TAI STREET, NANJING, F4, XXXXX, 86253608605 - 736,892 ($832,688.00) Debt Convertible into Equity, (File 333-134727 - Jun. 5) (BR. 01C) S-3ASR CONEXANT SYSTEMS INC, 4000 MACARTHUR BLVD. K10-171, NEWPORT BEACH, CA, 92660-3095, 9494839920 - 0 ($250,000,000.00) Debt Convertible into Equity, (File 333-134728 - Jun. 5) (BR. 10A) N-2 Eaton Vance Credit Opportunities Fund, THE EATON VANCE BUILDING, 255 STATE STREET, BOSTON, MA, 02109, 617-482-8260 - 40 ($1,000,000.00) Equity, (File 333-134729 - Jun. 5) (BR. 16) S-8 MECHANICAL TECHNOLOGY INC, 431 NEW KARNER ROAD, BUILDING #4, ALBANY, NY, 12205, 5185332200 - 0 ($7,860,000.00) Equity, (File 333-134730 - Jun. 5) (BR. 10B) SB-2 Maverick Bancshares, Inc., 5353 ALPHA ROAD, SUITE 210, DALLAS, TX, 75240, 972-983-1908 - 2,596,000 ($26,837,500.00) Equity, (File 333-134731 - Jun. 5) (BR. ) F-3 ADHEREX TECHNOLOGIES INC, 4620 CREEKSTONE DRIVE, SUITE 200, DURHAM, NC, 27703, 919-484-8484 - 10,543,882 ($8,909,580.00) Equity, (File 333-134732 - Jun. 5) (BR. 01C) S-3ASR FINISAR CORP, 1389 MOFFETT PARK DR, SUNNYVALE, CA, 94089, 4085481000 - 0 ($109,377,099.00) Equity, (File 333-134733 - Jun. 5) (BR. 10B) S-1 TANDY LEATHER FACTORY INC, 3847 EAST LOOP, 820 SOUTH, FT WORTH, TX, 76119, 8174964414 - 3,000,000 ($19,755,000.00) Equity, (File 333-134734 - Jun. 5) (BR. 02B) SB-2 ALCO, INC., SUITE 501, BANK OF AMERICA TOWER, 12 HARCOURT ROAD CENTRAL, K3, 00000, 852 2521 0373 - 1,000,000 ($3,000,000.00) Equity, (File 333-134736 - Jun. 5) (BR. 09B) S-8 Mueller Water Products, Inc., 4211 W. BOY SCOUT BLVD., TAMPA, FL, 33607, (813) 871-4811 - 0 ($198,000,000.00) Equity, (File 333-134737 - Jun. 5) (BR. 06) S-3ASR BANK OF NEW YORK CO INC, ONE WALL ST 10TH FL, NEW YORK, NY, 10286, 212-495-1784 - 0 ($0.00) Other, (File 333-134738 - Jun. 5) (BR. 07C) S-8 GIVEN IMAGING LTD, 2 HA CARMEL ST, NEW INDUSTRIAL PARK, YOQNEAM, L4, 20692, 2,500,000 ($43,875,000.00) Equity, (File 333-134739 - Jun. 5) (BR. 10B) S-3ASR MATTEL INC /DE/, 333 CONTINENTAL BLVD, EL SEGUNDO, CA, 90245, 3102522000 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-134740 - Jun. 5) (BR. 05B) S-8 UNION DRILLING INC, 3117 WASHINGTON PIKE, BRIDGEVILLE, PA, 15017, 4122579390 - 0 ($29,139,771.18) Equity, (File 333-134741 - Jun. 5) (BR. 04) S-4 FUEL TECH N V, CASTORWEG 22-24, CURACAO NETHERLANDS, P7, 21,669,407 ($323,307,552.44) Equity, (File 333-134742 - Jun. 5) (BR. 06C) S-3ASR ALBANY INTERNATIONAL CORP /DE/, 1373 BROADWAY, ALBANY, NY, 12204, 5184452200 - 0 ($180,000,000.00) Debt Convertible into Equity, (File 333-134743 - Jun. 5) (BR. 02C) F-3 ECI TELECOM LTD/, 30 HASIVIM ST, PETAH TIKVA, L3, 49133 IS, 9729266555 - 5,000,000 ($48,200,000.00) Equity, (File 333-134744 - Jun. 5) (BR. 11B) S-8 MANARIS CORP, 1155 RENE-LEVESQUE BLVD. WEST, SUITE 2720, MONTREAL, A8, H3B 2K8, (514) 337-2447 - 0 ($1,475,000.00) Equity, (File 333-134745 - Jun. 5) (BR. 11C) SB-2 SyntheMed, Inc., 7327281769 - 18,193,600 ($11,437,270.00) Equity, (File 333-134746 - Jun. 5) (BR. 10C) SB-2 Myriad Entertainment & Resorts, Inc., 10050-112 STREET, 10TH FLOOR, SUITE 1000, EDMONTON, A0, T5K 2J1, 780-431-0086 - 56,000,000 ($21,840,000.00) Equity, (File 333-134747 - Jun. 5) (BR. 05B) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: 1.01 Entry into a Material Definitive Agreement 1.02 Termination of a Material Definitive Agreement 1.03 Bankruptcy or Receivership 2.01 Completion of Acquisition or Disposition of Assets 2.02 Results of Operations and Financial Condition 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement 2.05 Cost Associated with Exit or Disposal Activities 2.06 Material Impairments 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing 3.02 Unregistered Sales of Equity Securities 3.03 Material Modifications to Rights of Security Holders 4.01 Changes in Registrant's Certifying Accountant 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review 5.01 Changes in Control of Registrant 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year 5.04 Temporary Suspension of Trading Under Registrant's Employee Benefit Plans 5.05 Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics 6.01. ABS Informational and Computational Material. 6.02. Change of Servicer or Trustee. 6.03. Change in Credit Enhancement or Other External Support. 6.04. Failure to Make a Required Distribution. 6.05. Securities Act Updating Disclosure. 7.01 Regulation FD Disclosure 8.01 Other Events 9.01 Financial Statements and Exhibits 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE DATE COMMENT ------------------------------------------------------------------------------------------------------- AAC Group Holding Corp. DE 1.01,8.01,9.01 06/05/06 AAR CORP DE 1.01,9.01 05/31/06 AARON RENTS INC GA 7.01,9.01 06/05/06 ABERDENE MINES LTD 5.02,8.01,9.01 05/30/06 ACG HOLDINGS INC DE 2.02 06/05/06 ACRO INC. NV 7.01,9.01 06/05/06 ACRONGENOMICS INC NV 1.01,9.01 05/22/06 ADVENTRX PHARMACEUTICALS INC DE 8.01,9.01 06/05/06 AFFYMETRIX INC DE 1.01,9.01 05/30/06 Alexza Pharmaceuticals Inc. DE 1.01 06/01/06 ALPHARMA INC DE 1.01,5.02,9.01 05/31/06 AMERICA FIRST APARTMENT INVESTORS INC MD 2.01,8.01,9.01 06/01/06 AMERICAN MEDICAL SYSTEMS HOLDINGS INC DE 1.01,9.01 06/03/06 AMERICAN VANTAGE COMPANIES NV 8.01 05/25/06 AMIS HOLDINGS INC 8.01 06/01/06 AMKOR TECHNOLOGY INC DE 2.04,9.01 05/31/06 ANALYTICAL SURVEYS INC CO 1.01,3.02,8.01 06/05/06 ANSYS INC DE 7.01,9.01 06/05/06 ANTIGENICS INC /DE/ DE 7.01,9.01 06/05/06 APACHE CORP DE 7.01 06/05/06 APPLIED DIGITAL SOLUTIONS INC MO 1.01,9.01 06/01/06 ARBITRON INC DE 1.01,9.01 06/05/06 ARCHSTONE SMITH TRUST MD 7.01,9.01 06/05/06 ARCHSTONE SMITH TRUST MD 7.01,9.01 06/05/06 ARES CAPITAL CORP MD 1.01,9.01 06/02/06 ARIAD PHARMACEUTICALS INC DE 8.01,9.01 06/05/06 ASHFORD HOSPITALITY TRUST INC MD 7.01 06/05/06 Aviza Technology, Inc. DE 1.01,9.01 05/30/06 AVON PRODUCTS INC NY 2.05 11/15/05 AMEND AXM PHARMA INC 3.01,9.01 06/05/06 BANK OF AMERICA CORP /DE/ DE 8.01,9.01 06/01/06 BANKATLANTIC BANCORP INC FL 8.01 05/31/06 BANKERS STORE INC NY 8.01,9.01 05/19/06 BIO TRACKING SECURITY INC FL 2.01,5.02,9.01 05/10/06 BIO TRACKING SECURITY INC FL 2.01,5.02,9.01 05/10/06 BIOJECT MEDICAL TECHNOLOGIES INC OR 3.03,5.03,8.01,9.01 05/30/06 BIOSPHERE MEDICAL INC DE 1.01,5.02,8.01,9.01 05/31/06 BORLAND SOFTWARE CORP DE 1.01,9.01 05/30/06 BRADY CORP WI 8.01,9.01 06/05/06 BRANDYWINE OPERATING PARTNERSHIP LP / DE 5.02 06/02/06 BRANDYWINE REALTY TRUST MD 5.02 06/02/06 CABOT OIL & GAS CORP DE 5.03,9.01 06/01/06 CALLWAVE INC 1.01,5.02,9.01 06/05/06 CALPINE CORP DE 7.01,9.01 06/05/06 CAMBRIDGE HEART INC DE 1.01 06/01/06 CANYON RESOURCES CORP DE 1.01,3.02,9.01 06/01/06 CAPITAL CORP OF THE WEST CA 5.02,9.01 06/02/06 CARAUSTAR INDUSTRIES INC NC 2.05,2.06 05/30/06 CARBO CERAMICS INC DE 8.01 06/01/06 CAREER EDUCATION CORP DE 8.01 06/02/06 CARMIKE CINEMAS INC DE 1.01,1.02,2.03,2.04,8.01,9.01 06/02/06 Cellu Tissue Holdings, Inc. DE 7.01,9.01 06/02/06 CENTURY REALTY TRUST IN 1.01,9.01 05/30/06 Chartwell International, Inc. NV 5.02 06/05/06 CHINA DIGITAL COMMUNICATION GROUP NV 5.02,9.01 05/30/06 CLX INVESTMENT COMPANY, INC. CO 3.03 05/30/06 CMGI INC DE 2.02,9.01 06/05/06 CNL INCOME PROPERTIES INC MD 2.01,8.01,9.01 05/30/06 COMBINATORX, INC DE 1.01,9.01 05/31/06 COMBINATORX, INC DE 1.01,5.02,8.01,9.01 06/01/06 COMFORT SYSTEMS USA INC 2.01,9.01 06/01/06 Con-way Inc. DE 2.05,9.01 06/05/06 CONTINENTAL AIRLINES INC /DE/ DE 7.01,9.01 06/05/06 CORE BOND PRODUCTS LLC DE 8.01,9.01 05/30/06 AMEND CORNELL COMPANIES INC DE 8.01,9.01 06/05/06 COVANSYS CORP MI 2.01 06/01/06 CRAWFORD & CO GA 1.01,9.01 06/02/06 CUTERA INC DE 8.01,9.01 06/05/06 Cyberkinetics Neurotechnology Systems DE 1.01,9.01 05/30/06 D&E COMMUNICATIONS INC PA 8.01 05/31/06 DARDEN RESTAURANTS INC FL 1.01,3.03,9.01 06/02/06 DELCATH SYSTEMS INC DE 8.01,9.01 06/05/06 dELiAs, Inc. DE 2.02,9.01 06/05/06 DELTA MILLS INC DE 1.01,8.01,9.01 05/30/06 DELTA WOODSIDE INDUSTRIES INC /SC/ SC 1.01,8.01,9.01 05/30/06 DIAMOND ONE INC CO 5.03,9.01 05/30/06 DIOMED HOLDINGS INC NV 3.01,9.01 06/05/06 DOT HILL SYSTEMS CORP NY 5.02,9.01 06/02/06 DRUGSTORE COM INC DE 1.01,9.01 06/02/06 DSW Inc. OH 1.01,9.01 05/30/06 DYNEGY INC /IL/ IL 7.01,9.01 06/05/06 EAGLE FAMILY FOODS HOLDINGS INC DE 9.01 11/23/04 AMEND ECOLAB INC DE 1.01,9.01 06/01/06 ELEPHANT TALK COMMUNICATIONS INC CA 3.02 06/05/06 EMERGE INTERACTIVE INC DE 3.03,5.03,9.01 05/31/06 Emergency Medical Services CORP DE 8.01,9.01 06/03/06 EMULEX CORP /DE/ DE 1.01,9.01 06/02/06 ENERGYTEC INC NV 8.01,9.01 06/01/06 EPICOR SOFTWARE CORP DE 1.01 05/26/06 EQUINIX INC DE 2.01 06/01/06 EQUITY LIFESTYLE PROPERTIES INC MD 7.01,9.01 06/05/06 ESCALADE INC IN 1.01,9.01 06/02/06 EVANS BOB FARMS INC DE 2.02,7.01,9.01 06/05/06 EXELON CORP PA 2.06 06/01/06 FBO AIR, INC. NV 3.02 05/30/06 Federal Home Loan Bank of Seattle 2.03 06/05/06 FERRO CORP OH 4.01,9.01 06/02/06 FERRO CORP OH 4.01,9.01 06/02/06 AMEND FINISAR CORP DE 8.01,9.01 06/05/06 First Horizon Asset Sec Mort Pass Thr DE 8.01,9.01 05/30/06 First Horizon Asset Sec Mort Pass Thr DE 8.01,9.01 05/30/06 FIRST PLACE FINANCIAL CORP /DE/ DE 7.01,9.01 06/05/06 FIRST STATE BANCORPORATION NM 8.01,9.01 06/02/06 FIRSTBANK NW CORP WA 1.01,7.01,9.01 06/04/06 FIRSTFED FINANCIAL CORP DE 8.01 06/02/06 FIRSTWAVE TECHNOLOGIES INC GA 5.02 06/05/06 FLIGHT SAFETY TECHNOLOGIES INC NV 8.01,9.01 06/05/06 FORD MOTOR CREDIT CO DE 8.01,9.01 06/02/06 FOXHOLLOW TECHNOLOGIES, INC. DE 5.02,9.01 06/05/06 FRANKLIN RESOURCES INC DE 1.02,7.01,9.01 06/05/06 FREEPORT MCMORAN COPPER & GOLD INC DE 8.01,9.01 06/05/06 FTD Group, Inc. 1.01,5.02,9.01 06/05/06 FULTON FINANCIAL CORP PA 1.01 06/05/06 GENESCO INC TN 7.01 06/05/06 GENTA INC DE/ DE 8.01,9.01 06/03/06 George Foreman Enterprises Inc DE 8.01 05/31/06 GLOBAL PAYMENTS INC GA 1.01,5.02,9.01 06/02/06 AMEND GRAHAM CORP DE 1.01,2.02,8.01,9.01 06/01/06 GTC BIOTHERAPEUTICS INC MA 7.01,9.01 06/02/06 GVI SECURITY SOLUTIONS INC DE 1.01,9.01 05/29/06 HALLADOR PETROLEUM CO CO 8.01,9.01 06/05/06 HALLIBURTON CO DE 5.03,9.01 05/30/06 HAROLDS STORES INC OK 1.01,3.01,3.02,3.03,9.01 06/01/06 HARTFORD LIFE INSURANCE CO CT 9.01 06/05/06 HAYES LEMMERZ INTERNATIONAL INC DE 1.01,2.03,9.01 05/30/06 HEALTH ANTI AGING LIFESTYLE OPTIONS I UT 5.02 06/05/06 HEALTH CARE REIT INC /DE/ DE 1.01,2.03,9.01 05/31/06 HIBBETT SPORTING GOODS INC DE 1.01,8.01,9.01 05/31/06 HICKORY TECH CORP MN 1.01,5.02,9.01 06/05/06 HINES REAL ESTATE INVESTMENT TRUST IN 1.01 05/30/06 HOMEBANC CORP 1.01,9.01 05/31/06 ICOA INC NV 7.01,8.01 06/05/06 IMMUNE RESPONSE CORP DE 3.02 05/30/06 INFOSONICS CORP 1.01,9.01 06/01/06 INTELSAT LTD 7.01,9.01 06/05/06 INTERDIGITAL COMMUNICATIONS CORP PA 1.01 05/31/06 INTERDIGITAL COMMUNICATIONS CORP PA 1.01 06/01/06 INTERNATIONAL RECTIFIER CORP /DE/ DE 7.01,8.01,9.01 06/05/06 INTERNET COMMERCE CORP DE 9.01 05/09/06 AMEND INTERPUBLIC GROUP OF COMPANIES, INC. DE 8.01,9.01 06/05/06 INTERVOICE INC TX 7.01,9.01 05/30/06 IOMAI CORP 2.03 05/31/06 IWT TESORO CORP NV 3.01 05/30/06 J P MORGAN CHASE & CO DE 9.01 06/01/06 James River Coal CO VA 1.01 05/30/06 JDS UNIPHASE CORP /CA/ DE 2.03,3.02,9.01 06/05/06 JONES APPAREL GROUP INC PA 1.01,9.01 05/31/06 KIMCO REALTY CORP MD 1.01,3.03,7.01,9.01 06/02/06 KIRKLANDS INC 1.01 05/30/06 KNOT INC DE 1.01,3.02,9.01 06/05/06 KRISPY KREME DOUGHNUTS INC NC 8.01 05/29/06 LASERSCOPE CA 1.01,8.01,9.01 06/03/06 LCC INTERNATIONAL INC DE 1.01,9.01 06/02/06 LEVEL 3 COMMUNICATIONS INC DE 3.02,7.01,8.01,9.01 06/02/06 LEXAR MEDIA INC DE 8.01,9.01 06/02/06 LEXAR MEDIA INC DE 1.01,8.01,9.01 06/04/06 LINCOLN NATIONAL CORP IN 1.01,9.01 05/31/06 LONGVIEW FIBRE CO WA 7.01,9.01 06/05/06 LOWES COMPANIES INC NC 5.03,8.01,9.01 05/25/06 MANARIS CORP NV 7.01,8.01,9.01 06/05/06 MARLIN BUSINESS SERVICES CORP 5.02,9.01 06/05/06 Marvel Entertainment, Inc. DE 1.01,5.02,9.01 05/30/06 MARWICH II LTD CO 8.01 06/02/06 MED GEN INC NV 8.01 05/31/06 MedAire, Inc. NV 1.01,9.01 06/01/06 MEDICALCV INC MN 5.02,8.01,9.01 05/30/06 MICRON TECHNOLOGY INC DE 1.01,8.01,9.01 06/04/06 MIDNET INC 1.01,9.01 03/25/06 ML MACADAMIA ORCHARDS L P DE 1.01,9.01 06/05/06 ML MEDIA PARTNERS LP NY 8.01 06/05/06 MOLLER INTERNATIONAL INC CA 4.01,9.01 06/05/06 MOVIE GALLERY INC DE 5.02,9.01 06/01/06 MOVIE STAR INC /NY/ NY 5.03,9.01 05/31/06 MTS MEDICATION TECHNOLOGIES, INC /DE/ DE 5.02,9.01 06/05/06 Nalco Finance Holdings LLC 7.01,9.01 06/05/06 Nalco Holding CO 7.01,9.01 06/05/06 Nalco Holdings LLC DE 7.01,9.01 06/05/06 NATCO GROUP INC DE 7.01,9.01 06/05/06 National Investment Managers Inc. FL 1.01,2.03,3.02,9.01 05/30/06 NATIONAL QUALITY CARE INC DE 1.01,9.01 06/05/06 NATIONAL TAX CREDIT INVESTORS II CA 1.01,9.01 05/30/06 NATURADE INC DE 1.01,3.02 05/31/06 NAVISTAR INTERNATIONAL CORP DE 8.01,9.01 06/05/06 Neenah Paper Inc DE 8.01,9.01 06/02/06 NEOPHARM INC DE 1.01,9.01 05/30/06 NEORX CORP WA 8.01,9.01 05/31/06 NEW MEDIUM ENTERPRISES INC NV 8.01,9.01 06/01/06 NEWAVE INC UT 1.02 05/30/06 NEWFIELD EXPLORATION CO /DE/ DE 5.04 06/05/06 NEWS CORP 7.01,9.01 06/02/06 NORTEL NETWORKS CORP 8.01,9.01 06/02/06 NORTEL NETWORKS LTD 8.01,9.01 06/02/06 NORTH AMERICAN TECHNOLOGIES GROUP INC 5.02 05/24/06 NORTH BAY BANCORP/CA CA 2.02,9.01 05/30/06 NORTHERN TECHNOLOGIES INTERNATIONAL C DE 1.01,9.01 06/02/06 NOVA OIL INC NV 5.02,9.01 05/30/06 NTL INC DE 1.01 03/03/06 NUCRYST Pharmaceuticals Corp. A0 5.02,9.01 05/30/06 NUMEREX CORP /PA/ PA 1.01,2.03,3.02,9.01 05/30/06 OGE ENERGY CORP OK 8.01,9.01 06/05/06 OLYMPIC STEEL INC OH 8.01,9.01 06/02/06 ONEOK Partners LP DE 1.01,7.01,9.01 06/05/06 OPEN ENERGY CORP NV 4.01 05/30/06 OPENTV CORP 1.01,9.01 05/30/06 OPLINK COMMUNICATIONS INC DE 1.01 06/02/06 OWENS MORTGAGE INVESTMENT FUND A CALI CA 1.01 06/05/06 OXFORD INDUSTRIES INC GA 2.01,9.01 06/02/06 PAC-WEST TELECOMM INC 1.01,9.01 05/30/06 PACIFICORP /OR/ OR 4.01,9.01 06/05/06 PALOMAR MEDICAL TECHNOLOGIES INC DE 8.01,9.01 06/05/06 PanAmSat Holding CORP DE 7.01,9.01 06/05/06 PEGASYSTEMS INC MA 1.01 05/30/06 PEGASYSTEMS INC MA 7.01 06/01/06 PEGASYSTEMS INC MA 1.01 05/30/06 PERFICIENT INC DE 1.01,2.01,3.02,7.01,9.01 05/30/06 PETROLEUM DEVELOPMENT CORP NV 2.02,9.01 12/31/05 PETROLEUM DEVELOPMENT CORP NV 7.01,9.01 12/31/05 PHARMACYCLICS INC DE 8.01,9.01 06/03/06 PLACER SIERRA BANCSHARES CA 1.01,5.02,9.01 05/30/06 POST PROPERTIES INC GA 1.01,8.01,9.01 05/31/06 RAM ENERGY RESOURCES INC DE 1.01,4.01,9.01 06/01/06 RAPTOR NETWORKS TECHNOLOGY INC 5.03,9.01 05/31/06 RAYONIER INC NC 5.02 06/02/06 REDBACK NETWORKS INC DE 1.01 06/01/06 Remote Dynamics Inc DE 5.02 05/31/06 RESIDENTIAL CAPITAL CORP DE 7.01 06/05/06 RIVER CAPITAL GROUP, INC. DE 1.01,9.01 05/31/05 AMEND ROCHESTER MEDICAL CORPORATION MN 8.01 06/05/06 ROME BANCORP INC DE 8.01,9.01 06/02/06 ROYAL CARIBBEAN CRUISES LTD 7.01,9.01 06/02/06 RR Donnelley & Sons Co DE 5.02 05/30/06 SAGEMARK COMPANIES LTD NY 1.01 06/02/06 SALIX PHARMACEUTICALS LTD 8.01,9.01 06/05/06 SALTON INC DE 5.02,9.01 06/02/06 SCICLONE PHARMACEUTICALS INC DE 1.01 06/02/06 SCOTTISH RE GROUP LTD E9 3.01 06/05/06 SE FINANCIAL CORP 2.02,9.01 06/02/06 SECURITY FEDERAL CORPORATION SC 8.01,9.01 06/05/06 SEPRACOR INC /DE/ DE 8.01,9.01 06/02/06 SEQUOIA MORTGAGE TRUST 2004-12 8.01,9.01 05/22/06 Sequoia Mortgage Trust 2005-1 8.01,9.01 05/22/06 Sequoia Mortgage Trust 2005-2 8.01,9.01 05/22/06 Sequoia Mortgage Trust 2005-3 8.01,9.01 05/22/06 Sequoia Mortgage Trust 2005-4 8.01,9.01 05/22/06 SoftBrands, Inc. DE 1.01,5.02,7.01,9.01 05/30/06 SOUTHERN COMMUNITY FINANCIAL CORP 7.01,9.01 06/05/06 SOUTHERN POWER CO 2.01,9.01 05/31/06 SOUTHWEST WATER CO DE 1.01 06/05/06 Souvall-Page & Company, Inc. UT 5.03,8.01,9.01 05/30/06 Souvall-Page & Company, Inc. UT 5.03,8.01,9.01 05/30/06 Spansion Inc. DE 8.01,9.01 06/05/06 Spheris Inc. DE 2.02,9.01 06/05/06 ST JOSEPH INC CO 5.02,8.01 05/30/06 STEIN MART INC FL 1.01,9.01 05/30/06 STELLENT INC MN 5.02 06/01/06 STERLING FINANCIAL CORP /WA/ WA 1.01,7.01,9.01 06/04/06 STONEMOR PARTNERS LP DE 1.01,2.02,9.01 06/01/06 STUDIO ONE MEDIA, INC. DE 4.01,9.01 05/19/06 AMEND Sun American Bancorp DE 8.01 06/05/06 SYCAMORE NETWORKS INC DE 8.01 05/31/06 SYNERGX SYSTEMS INC DE 2.01,9.01 05/31/06 T-3 ENERGY SERVICES INC TX 1.01,9.01 06/01/06 TALX CORP MO 7.01,9.01 05/31/06 TAUBMAN CENTERS INC MI 8.01,9.01 06/05/06 TAYLOR CAPITAL GROUP INC DE 7.01,9.01 06/05/06 TD AMERITRADE HOLDING CORP DE 1.01,9.01 05/30/06 TECHEDGE INC DE 1.01 06/02/06 TECHNICAL OLYMPIC USA INC DE 7.01,9.01 06/05/06 TELEPHONE & DATA SYSTEMS INC /DE/ DE 8.01,9.01 05/31/06 TEREX CORP DE 2.02 06/05/06 THAXTON GROUP INC SC 8.01,9.01 05/24/06 Thomas Equipment, Inc. DE 1.01,3.02,9.01 05/30/06 TOREADOR RESOURCES CORP DE 1.01,9.01 05/30/06 TRANSCOMMUNITY FINANCIAL CORP VA 1.01,9.01 06/01/06 TRIZEC PROPERTIES INC DE 8.01,9.01 06/05/06 TRUE RELIGION APPAREL INC NV 1.01,5.02,9.01 05/30/06 U. S. Premium Beef, LLC DE 2.01 06/01/06 ULTRADATA SYSTEMS INC DE 1.01,3.02,5.01,5.02,5.03,9.01 06/01/06 UMPQUA HOLDINGS CORP OR 2.01,9.01 06/05/06 UNITED DOMINION REALTY TRUST INC MD 1.01,5.02,7.01,8.01,9.01 05/31/06 UNITED RENTALS INC /DE DE 1.01 05/30/06 UNITED STATES CELLULAR CORP DE 8.01,9.01 05/31/06 US HOME SYSTEMS INC DE 8.01 06/02/06 UTAH MEDICAL PRODUCTS INC UT 1.01 05/31/06 UTEK CORP 8.01,9.01 06/01/06 uWink, Inc. UT 1.01,9.01 05/31/06 VASOMEDICAL INC DE 4.01,9.01 05/23/06 AMEND VIKING SYSTEMS INC NV 5.02 05/31/06 VISHAY INTERTECHNOLOGY INC DE 8.01,9.01 06/05/06 VITESSE SEMICONDUCTOR CORP DE 1.01,2.04 05/30/06 WALGREEN CO IL 8.01,9.01 06/05/06 WEST CORP DE 1.01,1.02,8.01,9.01 05/31/06 WESTMORELAND COAL CO DE 5.02 06/05/06 WILSHIRE BANCORP INC CA 8.01,9.01 06/01/06 WINTRUST FINANCIAL CORP IL 7.01,8.01,9.01 05/30/06 XFormity Technologies, Inc. CO 3.02 05/19/06 ZANETT INC DE 4.01,9.01 05/30/06 Zumiez Inc 1.01 05/31/06