SEC NEWS DIGEST Issue 2003-06 January 9, 2003 COMMISSION ANNOUNCEMENTS COMMISSION ANNOUNCES ACTING CHAIRMAN OF PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD On Jan. 8, the Commission designated Charles D. Niemeier to be the Acting Chairman of the Public Company Accounting Oversight Board. The Board, established by the Sarbanes-Oxley Act of 2002, oversees the audits of the financial statements of public companies through registration, standard setting, inspection and disciplinary programs. Under the Act, the Commission selects members and the Chair of the Board. Niemeier will serve as Acting Chairman until the Commission selects a permanent Chair to replace Judge William Webster, who has resigned from the Board. SEC Chairman Harvey L. Pitt said: "We are delighted that Charley Niemeier has agreed to be the Acting Chair of this important Board. The Commission looks forward to working with Charley and all of the Board members as they develop the Board's programs and begin operations." BIOGRAPHICAL NOTE: Charles D. Niemeier (PCAOB Term to expire 2003) - Until his selection as a member of the PCAOB, Niemeier was the Chief Accountant in the Commission's Division of Enforcement and co-chairman of the Commission's Financial Fraud Task Force. In these roles, he coordinated, monitored and advised the Division staff as they conducted accounting and financial reporting investigations and initiated enforcement and disciplinary proceedings. Under his leadership, last year the Commission brought a record 160 financial fraud, reporting, and accounting cases, including cases involving misleading earnings press releases and misleading disclosures in the Management Discussion and Analysis (MD&A) sections of corporate reports. As both an attorney and a Certified Public Accountant, Niemeier has legal and public accounting experience dealing with complex accounting, auditing, and financial reporting issues. (Press Rel. 2003-2) ENFORCEMENT PROCEEDINGS SEC SUES ROBERTSON STEPHENS INC. FOR PROFIT SHARING IN CONNECTION WITH `HOT' IPOs Firm, Former Research Analyst Separately Charged in Connection with Misleading Research Reports Firm to Pay Total of $33 Million to Settle All Charges The Commission today filed a civil action against Robertson Stephens Inc., a San Francisco-based brokerage firm and investment bank, relating to the firm's allocation of shares in Initial Public Offerings (IPOs) during 1999 and 2000. In its complaint, the Commission alleges that Robertson Stephen wrongfully obtained millions of dollars from over 100 customers by allocating shares of "hot" IPOs to these customers and receiving, in return, profits - in the form of excessive commissions or markdowns - made by these customers on their IPO stock. The Commission's complaint alleges that Robertson Stephens violated NASD Conduct Rules that prohibit profit sharing in customer accounts and unjust or inequitable conduct, as well as books and records requirements of the federal securities laws. In settlement of this matter, and without admitting or denying the allegations in the complaint, Robertson Stephens has agreed to pay a total of $28 million to resolve the Commission's action and a related action brought by the NASD. The firm also has agreed to be enjoined from future violations of the NASD rules and books and records provisions described above. The $28 million payment is composed of $23 million in disgorgement of improper gains and $5 million in civil penalties. In a separate case, the Commission filed a civil action against Paul Johnson, 42, a former managing director and senior research analyst at Robertson Stephens for issuing fraudulent research reports. The Commission alleges that Johnson issued research reports and made public statements regarding mergers proposed by two public companies in which he failed to disclose that he had conflicts of interest because he owned stock that, upon completion of each of the mergers, would yield enormous financial windfalls for Johnson. The Commission further alleges that, in 2001, Johnson issued false and misleading "buy" recommendations on another public company that were inconsistent with his privately held belief. In connection with the research reports, the Commission instituted and simultaneously settled administrative proceedings against Robertson Stephens. The Commission found that Robertson Stephens published materially misleading research reports in violation of Section 15(c) of the Securities Exchange Act of 1934 and Exchange Act Rule 15c1-2(b), and Robertson Stephens failed reasonably to supervise a research analyst with a view toward preventing violations of the antifraud provisions of the federal securities laws arising from undisclosed conflicts of interest caused by the analyst's personal investments. The order also found that Robertson Stephens failed to preserve e-mails for the required three-year period and/or failed to preserve its e-mails in an accessible place for two years and failed promptly to furnish e-mails to the Commission. The Commission censured Robertson Stephens and ordered the firm to pay disgorgement, including prejudgment interest, of $885,000 and a penalty of $4,115,000, for a total of $5 million. Robertson Stephens consented to the entry of the order against it without admitting or denying the findings contained in the order. Profit Sharing in `Hot' IPOs In the IPO matter, the Commission filed a civil action against Robertson Stephens in U.S. District Court for the District of Columbia, alleging: In 1999 and 2000, Robertson Stephens allocated IPO shares to certain institutional accounts that shared their IPO profits with the firm by paying unusually large commissions on secondary trades in highly liquid, exchange-traded securities. In some instances, these accounts paid back commissions to Robertson Stephens that were over 4,000% higher than the commissions customarily paid by institutions. For example, instead of a typical commission of $.06 per share on secondary trades, these institutional accounts paid Robertson Stephens commissions ranging up to $2.50, with a small number of trades over $2.50. There was no economic purpose for these commission-generating secondary trades, which were typically executed the day before the IPO, the day of the IPO, and shortly after the IPO. Indeed, some of the accounts engaged in offsetting trades, where they purchased or sold securities through Robertson Stephens and at the same time executed the other side of the trade through another brokerage firm. Although the purchase and sale often were executed at a similar price, payment of the significant commission to Robertson Stephens resulted in a net loss to the account. Robertson Stephens' wrongful conduct mainly involved certain hedge funds and other small institutional accounts that did not generate enough ordinary commission business under Robertson Stephens allocation practices to warrant the IPO allocations they wanted or received. Taking advantage of the high demand for IPO shares during this period, certain Robertson Stephens personnel pressured these institutional accounts to increase their business in secondary trades with Robertson Stephens in order to raise their "rank" to get IPO allocations. These accounts increased their rank and shared profits through the payment of the unusually large commissions on their secondary trades with Robertson Stephens. Robertson Stephens also improperly shared in the profits of some of its large retail accounts serviced by its Financial Services Department (FSD). Some FSD brokers, who had discretion in allocating IPO shares to their customers, reminded their customer accounts about IPO profits and also asked them to engage in trades in return. These retail accounts shared profits by paying unusually high commissions on other secondary trades or high markdowns when they sold their IPO shares back to Robertson Stephens. Certain Robertson Stephens management and syndicate personnel were informed that Robertson Stephens was sharing in IPO profits. This is reflected in e-mail messages and other communications cited in the complaint. Robertson Stephens consented, without admitting or denying the allegations of the complaint, to the entry of a final judgment that: (1) permanently enjoins Robertson Stephens from violating NASD Conduct Rules 2110 (just and equitable principles of trade) and 2330 (prohibition against profit-sharing), and Section 17(a) of the Securities Exchange Act of 1934 and Rules 17a-3(a)(6); (2) orders Robertson Stephens to pay disgorgement of $23 million, which would be reduced to $11.5 million in recognition of the firm's payment of $11.5 million in the related NASD proceeding; and (3) orders Robertson Stephens to pay a civil penalty of $5 million, which would be reduced to $2.5 million in recognition of Robertson Stephens' payment of a $2.5 million penalty to NASD in its related proceeding. The Commission acknowledges the assistance of NASD in the investigation of this matter. Misleading Research Reports In a civil action filed in U.S. District Court for the Southern District of New York, the Commission charged that former Robertson Stephens research analyst Paul Johnson provided positive research coverage in 1999 and 2000 on Redback Networks Inc. and Sycamore Networks Inc., after they had announced proposed mergers with private companies. Johnson praised both mergers in his research reports and media statements, but failed to disclose that his supposedly objective advice was infected by serious conflicts of interest. In both cases, he owned stock in the private companies that would be exchanged for public company shares if the mergers were completed, creating multimillion-dollar windfalls for Johnson. In acquiring his holdings in the private companies that were the subjects of the merger proposals, Johnson violated Robertson Stephens internal policy that required employees to obtain prior written approval from the firm for all private investments. Moreover, at the time that Johnson issued his reports and statements concerning the proposed mergers, he did not disclose to Robertson Stephens his personal holdings in the affected companies or the magnitude of his financial interest in the outcome of the mergers. The complaint further alleges that in January 2001, Johnson spoke privately about Corvis Corp., another company that he covered, to a committee that was responsible for making investment decisions for a group of partnerships that had been formed by Robertson Stephens and senior Robertson Stephens executives in which Johnson and other senior Robertson Stephens executives were investors. In response to a question, Johnson told the committee that he would not buy Corvis stock at the prevailing market price, but would buy at a price that was approximately half of the current price. Johnson's statements to the committee directly contradicted his existing "buy" recommendation on Corvis. After Johnson spoke, the committee voted to sell all the Corvis stock held by two partnerships. In addition, the day after he made his private recommendation to the committee, Johnson sold nearly all of his Corvis stock. Two days after his stock sale, Johnson issued another research report reiterating his buy recommendation on Corvis, but failed to disclose that he had sold his Corvis stock. The complaint charges Johnson with violations of Section 10(b) of the Securities Exchange Act of 1934 and Exhange Act Rule 10b-5, which prohibit the making of false or misleading statements in connection with the purchase or sale of securities. The Complaint also charges Johnson with violations of Section 17(a) of the Securities Act of 1933, which prohibits the making of material false or misleading statements and failing to disclose material facts in the offer or sale of securities. The Commission seeks a permanent injunction against Johnson, disgorgement, prejudgment interest, and civil money penalties. [SEC v. Paul E. Johnson, Civil Action No. 03 CV 0177, SDNY] (LR-17922); [SEC v. Robertson Stephens, Inc, Civil Action No. 03 0027, D.D.C.] (LR-17923); (Administrative Proceeding in the Matter of Robertson Stephens, Inc. - Rel. 34-47144, File No. 3-11003); (Press Rel. 2003-3) COMMISSION SUSTAINS NASD DISCIPLINARY ACTION AGAINST MICHAEL FLANNIGAN On Jan. 8, the Commission sustained NASD disciplinary action against Michael F. Flannigan (Flannigan), of Excelsior, Minnesota, former president, chief financial officer and principal of Protective Group Securities Corp. (Protective), a former NASD member firm. The NASD fined Flannigan, jointly and severally with Protective, $25,000, assessed hearing costs, and barred Flannigan in all supervisory capacities. Protective did not appeal to the Commission. The Commission found that Flannigan violated NASD Membership and Registration Rule 1031 by permitting representatives who were not registered with Protective to solicit and confirm indications of interest in an initial public offering of securities. The Commission found further that Flannigan violated NASD Conduct Rule 2510 by executing customer trades in the aftermarket for those securities, at the instruction of representatives of another member firm, without his customers' written authorization to act at the direction of such representatives. The Commission concluded that, by violating these rules, Flannigan also violated NASD Conduct Rule 2110 which requires that a member, in conducting business, observe high standards of commercial honor and just and equitable principles of trade. Based on its review of the record, the Commission also concluded that the sanctions imposed by the NASD, including the assessment of costs, were not excessive, oppressive or an unnecessary or inappropriate burden on competition. (Rel. 34-47142; File No. 3-10530) COMMISSION DECLARES DECISION AS TO F.X.C. INVESTORS CORP. AND FRANCIS CURZIO The decision of an administrative law judge with respect to F.X.C. Investors Corp. and Francis X. Curzio has become final. The law judge sanctioned F.X.C. and Curzio based on findings that Curzio willfully aided and abetted F.X.C.'s violations of Sections 206(1), 206(2), and 206(4) of the investment Advisers Act of 1940 and Advisers Act Rule 206(4)-1(a)(5). F.X.C. distributed a series of advertisements that were misleading to prospective investors. The advertisements reported results based on recommendations, not actual performance. F.X.C. did not place actual trades in client accounts at the implied times and prices. The advertisements also failed to disclose the limitations inherent in model results. F.X.C. also failed to disclose that advisory fees had not been deducted from the results portrayed in the advertisements. On Jan. 9, the law judge ordered that F.X.C. cease and desist from committing any violations or future violations of Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act of 1940 and Advisers Act Rule 206(4)-1(a)(5). The law judge also ordered that F.X.C. engage an investment advisory consultant to review any advertising for a period of two years and censured Francis X. Curzio. (Rel. IA-2097; File No. 3- 10625) SEC OBTAINS DEFAULT JUDGMENT AGAINST RELIEF DEFENDANT MILDRED MILLER IN $5 MILLION FINANCIAL FRAUD The Commission announced that on Dec. 22, 2002, a Final Judgment by Default was entered against defendant Mildred K. Miller of West Hartford, Connecticut, in a civil enforcement action the Commission brought in the United States District Court for the District of Massachusetts. The Final Judgment requires Miller to pay disgorgement of $4,927,170.84, including prejudgment interest, no later than Feb. 6, 2003. In addition, the Final Judgment freezes Miller's assets pending full payment of the amounts owed. In its complaint, the Commission alleged that Miller improperly received more than $4.7 million in connection with a financial fraud perpetrated by Kevin J. Morrison, also of West Hartford, Connecticut. According to the complaint, between 1997 and May 2002, Morrison, the former executive vice president of American Commercial Financial Corporation (ACFC), a wholly-owned subsidiary of Boston-based HPSC, Inc., improperly diverted more than $4.7 million of corporate assets to Miller, a purported ACFC factoring customer. Morrison attempted to conceal his embezzlement by regularly providing fictitious financial reports, which were incorporated in the parent company's Forms 10-K and Forms 10-Q filed with the Commission for the periods ended Dec. 31, 1997 through March 31, 2002, causing HPSC to materially overstate its net income and earnings per share by between 4% and 112% during the affected filing periods. The Commission's civil enforcement remains pending against Morrison, who is charged with violating Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5 and 13b2-1 thereunder. [SEC v. Kevin J. Morrison, et al., Civil Action No. 02-11647-MLW, USDC, D. Mass.] (LR-17921) INVESTMENT COMPANY ACT RELEASES HARTFORD SERIES FUND, INC. An order has been issued on an application filed by Hartford Series Fund and HL Investment Advisors, LLC under Section 6(c) of the Investment Company Act granting an exemption from Section 15(f)(1)(A) of the Act. The order permits a registered open-end investment company not to reconstitute its board of directors to meet the 75 percent non- interested director requirement of Section 15(f)(1)(A) of the Act, following the acquisition of the assets of certain other registered open- end investment companies. (Rel. IC-25883 - Jan. 7) COHEN & STEERS ADVANTAGE INCOME REALTY FUND, INC., ET AL. An order has been issued on an application filed by Cohen & Steers Advantage Income Realty Fund, Inc., et al. under Section 6(c) of the Investment Company Act for an exemption from Section 19(b) of the Act and Rule 19b-1 under the Act. The order permits certain registered closed-end management investment companies to make long-term capital gains distributions to holders of shares of their preferred stock. (Rel. IC-25884 - Jan. 7) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-Amex-2002-100) filed by the American Stock Exchange to renumber footnotes in the Member Fee Schedule has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of Jan. 13. (Rel. 34-47128) A proposed rule change filed by the New York Stock Exchange to extend a 60-day pilot program with respect to amendments to Rule 431 relating to margin requirements for Security Futures Contracts (SR-NYSE-2003-01) for another 60 days until March 6, 2003 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 Jan. 13. (Rel. 34-47129) A proposed rule change (SR-PCX-2002-73) filed by the Pacific Exchange relating to Exchange fees and charges 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 Jan. 13. (Rel. 34-47131) PROPOSED RULE CHANGE The Government Securities Clearing Corporation filed a proposed rule change (SR-GSCC-2002-10) that would allow GSCC to establish a comprehensive standard of care and limitation of liability with respect to its members. Publication of the proposal is expected in the Federal Register during the week of Jan. 13. (Rel. 34-47135) WITHDRAWAL SOUGHT A notice has been issued giving interested persons until Jan. 31 to comment on the application of Case, LLC (formerly Case Corporation) to withdraw its 7 1/4% Notes (due 2016) from listing and registration on the New York Stock Exchange. (Rel. 34-47136) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-4 DEX MEDIA EAST LLC, 198 INVERNESS DRIVE WEST, ENGLEWOOD, CO, 80112, 3037842900 - 0 ($975,000,000.00) Non-Convertible Debt, (File 333-102395 - Jan. 8) (BR. ) S-3 SONIC SOLUTIONS/CA/, 101 ROWLAND WAY, STE 110, NOVATO, CA, 94945, 4158938000 - 0 ($7,666,216.00) Equity, (File 333-102396 - Jan. 8) (BR. 03) S-3 SHARPER IMAGE CORP, 650 DAVIS ST, SAN FRANCISCO, CA, 94111, 4154456000 - 0 ($51,706,875.00) Equity, (File 333-102397 - Jan. 8) (BR. 02) S-1 HECLA MINING CO/DE/, 6500 MINERAL DRIVE SUITE 200, NONE, COEUR D'ALENE, ID, 83815-8788, 2087694100 - 23,000,000 ($117,530,000.00) Equity, (File 333-102398 - Jan. 8) (BR. 04) S-8 PANAMSAT CORP /NEW/, ONE PICKWICK PLAZA, GREENWICH, CT, 06830, 2036226664 - 0 ($4,347,000.00) Equity, (File 333-102399 - Jan. 8) (BR. 37) S-8 UNIVERSAL DOMAINS INC, 300-750 WST PENDER ST, BURNABY, BRITISH COLUMBIA CAN, A1, V6C21J, 6046461075 - 9,838,835 ($196,776.70) Equity, (File 333-102400 - Jan. 8) (BR. 04) S-8 PHC INC /MA/, 200 LAKE ST STE 102, PEABODY, MA, 01960, 9785362777 - 600,000 ($474,000.00) Other, (File 333-102402 - Jan. 8) (BR. 01) S-2 ORTEC INTERNATIONAL INC, 3960 BROADWAY, BLDG 28, NEW YORK, NY, 10032, 7183264698 - 99,187,831 ($39,675,132.40) Equity, (File 333-102409 - Jan. 8) (BR. 01) S-4 AMERICAN BANK HOLDINGS INC, 0 ($14,069,389.00) Equity, (File 333-102410 - Jan. 8) (BR. ) S-4 SYNOVUS FINANCIAL CORP, 901 FRONT AVENUE, STE 202 PO BOX 120, COLUMBUS, GA, 31901, 7066494818 - 2,503,172 ($35,243,857.00) Equity, (File 333-102411 - Jan. 8) (BR. 07) S-8 MOORE MEDICAL CORP, PO BOX 1500, 389 JOHN DOWNEY DR, NEW BRITAIN, CT, 06050, 2038263600 - 0 ($3,731,950.00) Equity, (File 333-102412 - Jan. 8) (BR. 01) S-8 WASTE CONNECTIONS INC/DE, 620 COOLIDGE DRIVE, SUITE 350, FOLSOM, CA, 95630, 9166088200 - 500,000 ($18,690,000.00) Equity, (File 333-102413 - Jan. 8) (BR. 06) 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 ------------------------------------------------------------------------------------ ABN AMRO MORTGAGE CORP SERIES 2002-9 DE X X 01/01/03 ABRAXAS PETROLEUM CORP NV X 01/08/03 ADVANTAGE AMERICA INC DE X X 01/02/03 ALLBRITTON COMMUNICATIONS CO DE X 01/07/03 ALLEN TELECOM INC DE X X 01/08/03 AMERICAN ARCHITECTURAL PRODUCTS CORP DE X X 12/05/02 AMERICAN MANAGEMENT SYSTEMS INC DE X X 12/31/02 AMREIT INC MD X 01/08/03 AMEND ANDREA ELECTRONICS CORP NY X X 01/06/03 ANTIGENICS INC /DE/ DE X X 12/06/03 APOGENT TECHNOLOGIES INC WI X X 01/06/03 APPLEBEES INTERNATIONAL INC DE X 01/08/03 ARRIS GROUP INC DE X X 01/08/03 ASIA PREMIUM TELEVISION GROUP NV X X 01/07/03 ATLAS AIR INC DE X 01/06/03 ATLAS AIR WORLDWIDE HOLDINGS INC DE X 01/06/03 AVIDYN INC DE X X 01/08/03 AXONYX INC NV X X 12/31/02 BANC OF AMERICA FUNDING CORP MORT PAS DE X 12/25/02 BANK OF NEW YORK CO INC NY X X 12/31/02 BANKATLANTIC BANCORP INC FL X 01/07/03 BECTON DICKINSON & CO NJ X X 01/08/03 BORLAND SOFTWARE CORP DE X X 01/08/03 BOSTON CELTICS LIMITED PARTNERSHIP /D DE X X 12/31/02 BOSTON CELTICS LIMITED PARTNERSHIP II DE X X 12/31/02 CAL DIVE INTERNATIONAL INC MN X X 01/08/03 CALIFORNIA CLEAN AIR INC DE X 01/07/03 CANDELA CORP /DE/ DE X X 01/08/03 CARLYLE INDUSTRIES INC DE X X 01/06/03 CARNIVAL CORP DE X X 01/08/03 CCFNB BANCORP INC PA X 01/01/03 CHILDTIME LEARNING CENTERS INC MI X X 12/17/02 CNL HOSPITALITY PROPERTIES INC FL X X 12/24/02 COLONIAL TRUST CO /AZ AZ X 12/16/02 COMMUNITRONICS OF AMERICA INC UT X 01/08/03 COMMUNITRONICS OF AMERICA INC UT X 01/06/03 CONSOLIDATED CONTAINER CO LLC DE X X 01/07/03 CORPORATE BOND BACKED CERT TR SER 199 X X 12/16/02 CREDIT SUISSE FIRST BOSTON USA INC DE X X 01/08/03 CRESTED CORP CO X 01/07/03 CROWN CASTLE INTERNATIONAL CORP DE X X 01/07/03 CSFB MORTGAGE BACKED PASS THR CERT SE DE X X 12/26/02 CURAGEN CORP DE X X 01/07/03 DETWILER MITCHELL & CO DE X 01/08/03 DIAL CORP /NEW/ DE X X 01/07/03 DICE INC DE X 01/06/03 DISCOVER CARD MASTER TRUST I DE X 01/15/03 DIVERSIFIED CORPORATE RESOURCES INC TX X X X 12/24/02 DOBSON COMMUNICATIONS CORP OK X X 12/24/02 DYNEGY HOLDINGS INC DE X X 01/07/03 DYNEGY INC /IL/ IL X X 01/07/03 EDISON MISSION ENERGY CA X 12/20/02 EL PASO CORP/DE DE X X 01/08/03 ENDO PHARMACEUTICALS HOLDINGS INC DE X X X 12/31/02 ENDO PHARMACEUTICALS HOLDINGS INC DE X X 01/08/03 ETG CORP NV X X X 01/06/03 AMEND EVERLERT INC NV X 01/06/03 EWORLDMEDIA HOLDINGS INC NV X 01/06/03 FOREST OIL CORP NY X X 01/07/03 FOREST OIL CORP NY X X 01/07/03 FOREST OIL CORP NY X X 01/07/03 AMEND FURRS RESTAURANT GROUP INC DE X X 01/08/03 GREAT LAKES AVIATION LTD IA X X 12/31/02 GS MORTGAGE SECURITIES CORP DE X X 01/07/03 HARTVILLE GROUP INC NV X 09/17/02 HEALTHSOUTH CORP DE X 01/08/03 HEILIG MEYERS CO VA X 11/30/02 HILLENBRAND INDUSTRIES INC IN X X 01/07/03 HORIZON OFFSHORE INC DE X X 01/06/03 IBASIS INC DE X X 12/31/02 IMAGE ENTERTAINMENT INC CA X 01/08/03 IMPAC CMB TRUST SERIES 2002-8 DE X X X 12/12/02 AMEND INDUSTRI MATEMATIK INTERNATIONAL CORP DE X 01/01/03 INDYMAC BANCORP INC DE X X 01/08/03 ISLAND CRITICAL CARE CORP DE X 01/06/03 JENNIFER CONVERTIBLES INC DE X 01/08/03 KANEB PIPE LINE OPERATING PARTNERSHIP DE X X 12/24/02 KANEB PIPE LINE PARTNERS L P DE X X 12/24/02 KANEB SERVICES LLC DE X X 12/24/02 KANSAS CITY SOUTHERN DE X X 01/07/03 KENTUCKY ELECTRIC STEEL INC /DE/ DE X X 01/08/03 KEY3MEDIA GROUP INC DE X 01/06/03 KOALA CORP /CO/ CO X X 01/08/03 LAKES ENTERTAINMENT INC MN X X 01/08/03 LEESPORT FINANCIAL CORP PA X X 01/07/03 LEVCOR INTERNATIONAL INC DE X X 01/06/03 LEVI STRAUSS & CO DE X X 01/07/03 LIBERATE TECHNOLOGIES DE X 01/07/03 LOCH HARRIS INC NV X 01/07/03 LOCH HARRIS INC NV X 01/07/03 MAIL WELL INC CO X 01/08/03 MARK SOLUTIONS INC DE X 01/06/03 MASTR ASSET SECURITIZATION TRUST 2002 X X 12/26/02 MAVERICK TUBE CORPORATION DE X 01/08/03 MAXTOR CORP DE X 01/06/03 MCLEODUSA INC DE X X 12/31/02 MEDINEX SYSTEMS INC DE X 01/06/03 MERCATOR SOFTWARE INC DE X X 12/24/02 MEREDITH CORP IA X 01/08/03 MERRILL LYNCH MORT INV INC MORT PAS T DE X X 12/26/02 MERRILL LYNCH MORTGAGE INV INC MOR PS NY X X 12/26/02 MINUTEMAN INTERNATIONAL INC IL X 12/31/02 MISSION ENERGY HOLDING CO DE X 12/20/02 MOMENTUM HOLDINGS CORP DE X X X 12/23/02 MOORE CORPORATION LTD X 01/08/03 MORGAN STANLEY DEAN WITTER CAPITAL IN DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MORT PA DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MASTR A DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MASTR AS DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 12/25/02 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 12/26/02 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 11/25/02 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 12/26/02 MORTGAGE ASSET SEC TRANSACTIONS INC M DE X X 12/26/02 MORTGAGE PASS THROUGH CERTIFICATES SE DE X X 12/26/02 MULTI TECH INTERNATIONAL CORP NV X X 01/08/03 AMEND NATIONWIDE FINANCIAL SERVICES INC/ DE X 01/08/03 NEOSE TECHNOLOGIES INC DE X X 01/08/03 NEWELL RUBBERMAID INC DE X X 01/07/03 NEXTEL COMMUNICATIONS INC DE X X 01/08/03 NORTECH SYSTEMS INC MN X X 12/31/02 OFFICE DEPOT INC DE X X 01/07/03 OLIN CORP VA X X 01/08/03 ONLINE POWER SUPPLY INC NV X 12/18/02 PANACO INC DE X X 01/08/03 PANERA BREAD CO DE X 01/08/03 PENN VIRGINIA CORP VA X 01/08/03 PENN VIRGINIA RESOURCE PARTNERS L P DE X 01/08/03 PETRIE STORES LIQUIDATING TRUST NY X X 01/08/03 PFSWEB INC DE X X 10/25/02 AMEND PIEDMONT NATURAL GAS CO INC NC X X 01/08/03 PIVOTAL SELF SERVICE TECHNOLOGIES INC DE X X 01/06/03 PLANGRAPHICS INC CO X X 01/07/03 POINT 360 CA X 12/31/02 PRINCETON VIDEO IMAGE INC NJ X 01/07/03 R H DONNELLEY CORP DE X 01/08/03 REPUBLIC BANCSHARES OF TEXAS INC X 12/19/02 REXHALL INDUSTRIES INC CA X X 12/30/02 ROYAL CASKET DISTRIBUTION CORP FL X 01/06/03 SANDISK CORP DE X X 12/23/02 SEARCHHOUND COM INC NV X 01/08/02 SECURITY NATIONAL FINANCIAL CORP UT X X 12/23/03 AMEND SELECT COMFORT CORP MN X 01/07/03 SHAFT INC NV X X X X 01/06/03 SL INDUSTRIES INC NJ X 01/08/03 SPECTRX INC DE X X 01/08/03 SPRINT CORP KS X X 01/03/03 STRUCTURED ASSET SEC CORP MORT PASS T DE X X 12/26/02 SYNERGY BRANDS INC DE X 01/03/03 AMEND TARGETED GENETICS CORP /WA/ WA X X 01/07/03 TECHNOLOGY FUNDING PARTNERS III L P DE X 01/08/03 TECHNOLOGY FUNDING VENTURE PARTNERS I DE X 01/08/03 TECHNOLOGY FUNDING VENTURE PARTNERS V DE X 01/08/03 TEREX CORP DE X X 01/01/03 TFC ENTERPRISES INC DE X X 12/30/02 TOR MINERALS INTERNATIONAL INC DE X X 01/06/03 TOTAL ENTERTAINMENT RESTAURANT CORP DE X X 01/08/03 TRANSACTION SYSTEMS ARCHITECTS INC DE X X 01/07/03 TROVER SOLUTIONS INC DE X X 01/07/03 UBICS INC DE X X 10/21/02 AMEND UNITED PAN EUROPE COMMUNICATIONS NV X X 01/08/03 UNITEDGLOBALCOM INC DE X X 01/08/03 US ENERGY CORP WY X 01/07/03 VENDINGDATA CORP NV X X 11/13/02 VICTOR INDUSTRIES INC X 01/08/03 VINTAGE PETROLEUM INC DE X 01/08/03 VISTA GOLD CORP X 12/27/02 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 01/02/03 WELLS FARGO ASSET SEC CORP MORT PASS DE X X 12/26/02 WELLS FARGO MORTGAGE BACKED SECURITIE DE X X 12/26/02 WELLS FARGO MORTGAGE BACKED SECURITIE DE X X 12/26/02 WELLS FARGO MORTGAGE BACKED SECURITIE DE X X 12/26/02 WELLS FARGO MORTGAGE BACKED SECURITIE DE X X 12/26/02 WESTMINSTER CAPITAL INC DE X 01/07/03 XTO ENERGY INC DE X X 01/06/03 YAHOO INC DE X X 12/22/02 AMEND