SEC NEWS DIGEST Issue 2003-60 March 31, 2003 COMMISSION ANNOUNCEMENTS COMMISSION SUSPENDS TRADING IN THE STOCK OF AR ASSOCIATES, INC. (d/b/a GREENWAVE, INC.) The Commission announced the temporary suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act), of trading of the securities of AR Associates, Inc. (ARAI) d/b/a GreenWave, Inc. of Calgary, Alberta, Canada at 9:30 a.m. on March 31, 2003, and terminating at 11:59 p.m. on April 11, 2003. The Commission temporarily suspended trading in the securities of ARAI because of questions that have been raised about the accuracy and adequacy of publicly disseminated information concerning, among other things, the identity of the persons in control of the common stock issued by ARAI. The Commission cautions broker-dealers, shareholders, and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by the company. Further, brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the Exchange Act, at the termination of the trading suspension, no quotation may be entered unless and until they have strictly complied with all of the provisions of the rule. If any broker or dealer has any questions as to whether or not he has complied with the rule, he should not enter any quotation but immediately contact the staff of the Securities and Exchange Commission in Washington, D.C. If any broker or dealer is uncertain as to what is required by Rule 15c2- 11, he should refrain from entering quotations relating to ARAI's securities until such time as he has familiarized himself with the rule and is certain that all of its provisions have been met. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action. For questions relating to the operation of Rule 15c2-11, please contact the Division of Market Regulation at (202) 942-0069. If any broker-dealer or other person has any information which may relate to this matter, they should immediately call the Division of Enforcement in the Northeast Regional Office of the Securities and Exchange Commission. (Rel. 34-47598) RULES AND RELATED MATTERS NOTICE OF OMB APPROVAL OF COLLECTIONS OF INFORMATION CONTAINED IN REGULATION ANALYST CERTIFICATION On Feb. 20, 2003, Commission adopted Regulation Analyst Certification (Regulation AC) [17 CFR 242.500 through 242.505] under the Securities Exchange Act [17 U.S.C. 78, et seq.] (see Exchange Act Release No. 34- 47384). Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. Broker- dealers would also be required to obtain periodic certifications by research analyst in connection with the analyst's public appearances. Certain provisions of the Regulation contain "collection of information" requirements within the meaning of the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], and the Commission submitted these proposed collections of information to the Office of Management and Budget (OMB) for review. On March 28, the Commission issued a Notice of OMB Approval of these collections of information. For further information, please contact James Brigagliano, Thomas Eidt, or Racquel Russell, in the Office of Risk Management and Control in the Division of Market Regulation at (202) 942-0772. (Rel. 34-47591) ENFORCEMENT PROCEEDINGS ROBERT BENTLEY BARRED FROM ASSOCIATION WITH ANY BROKER, DEALER OR INVESTMENT ADVISER On March 28, the Commission issued an Order Instituting Proceedings, Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, against Respondent Robert L. Bentley. The Order found that on Dec. 27, 2002, the U.S. District Court for the Eastern District of Pennsylvania issued a judgment against Bentley permanently enjoining him from further violations of Sections 17(a) of the Securities Act of 1933 (Securities Act) and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder. [SEC v. Bentley Financial Services, Inc. Civ. No. 01-5366] The Commission's complaint alleged that Robert L. Bentley, Bentley Financial Services, Inc., and Entrust Group claimed to be selling bank- issued, federally insured certificates of deposit (CDs), but that the defendants were in fact selling uninsured securities. Although the defendants were using at least some investor funds to buy CDs, the terms of the CDs often varied substantially from those of the securities defendants were selling. The Commission also alleged that, in many cases, investors had to rely on the defendants' ability to attract new investors in order for previous investors to receive repayment of their principal. Accordingly, investors were not buying the low-risk, federally-insured CDs that they were promised. Rather, they were buying higher risk securities issued by defendants, whose business was uninsured, unaudited and unregulated. When the Commission filed the action, hundreds of financial institutions and individual investors located nationwide had over $300 million invested with the defendants. Based upon the above, the Commission issued an order barring Bentley from association with any broker, dealer or investment adviser. Bentley consented to the issuance of the injunctive and administrative orders without admitting or denying the facts alleged in the complaint or the findings in the Order. Litigation as to the Commission's claims for disgorgement and civil penalties in the civil injunctive action is continuing. (Rels. 34-47589; IA-2120; File No. 3-11077) SEC CHARGES OIL AND GAS COMPANY AND ITS PRESIDENT WITH FRAUD, AND OFFERING AND SELLING UNREGISTERED SECURITIES On Feb. 19, 2003, the Commission filed a civil action against La Mesa Geoscience, Inc., La Mesa Partners, L.C. and La Mesa Group, L.P. (collectively La Mesa) and the president of all three entities, Kenneth Hooper. In its complaint, the Commission alleged that Hooper and La Mesa engaged in fraud in connection with the unregistered offering of securities, and that Hooper engaged in unregistered brokerage activities. Simultaneously with the filing of its action, the Commission announced that Hooper and La Mesa, without admitting or denying the Commission's charges, consented to the entry of a permanent injunction enjoining them from further violating the securities laws and that Hooper agreed to pay a $40,000 civil penalty. The injunction was entered on Feb. 20, 2003. According to the Commission's complaint, La Mesa and Hooper committed fraud by failing to disclose material risks associated with the La Mesa securities, and by making materially misleading and false statements concerning La Mesa's financial condition and future business prospects. The complaint alleges that the defendants violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The complaint also alleges that Hooper violated Section 15(a) of the Exchange Act through his unregistered brokerage activities. Hooper has simultaneously submitted an offer of settlement in which he consents to the entry of an administrative order by the Commission, barring him from association with any broker or dealer with the right to reapply for association in two years. Jason LeDay, a vice-president at La Mesa, has consented to the Commission's entry of an order that he cease and desist from violating the securities registration and broker- dealer registration provisions of the federal securities laws, suspending him from association with any broker or dealer for a period of 12 months, and requiring him to pay a $10,000 civil penalty (SEC v. La Mesa Geoscience, Inc., et al., Defendants, Civil Action No. 3-03-CV- 0360-H, USDC, NDTX, LR-17990). (Rel. 34-47595; File No. 3-11078) COMMISSION ANNOUNCES SETTLEMENT OF ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS AGAINST RICHARD SUKENIK, C.P.A. On March 28, the Commission settled public administrative and cease-and- desist proceedings against Richard N. Sukenik, C.P.A., in connection with the manipulation of earnings of W.R. Grace & Co. (Grace or the Company) and its Health Care Group segment. The proceedings were instituted on Dec. 22, 1998. Without admitting or denying the Commission's findings, Sukenik consented to the entry of an Order Making Findings and Imposing Cease-and-Desist Order (the Order). The Order finds that between at least 1991 and 1995, while Sukenik was a vice president and controller of Grace, the Company engaged in fraudulent conduct by using reserves to manipulate the reported quarterly and annual earnings of Grace and its Health Care Group segment. The reserves were not in conformity with Generally Accepted Accounting Principles. The Order further finds that beginning in 1991, members of management of National Medical Care Inc. (NMC), which was Grace's main health care subsidiary, at the direction of certain former members of Grace management, deferred some of NMC's unanticipated income by increasing or establishing reserves. Thus, NMC, at the direction of Grace senior management, underreported its income in 1991 and 1992. The Order further finds that these reserves were used for profit planning and to control Grace's consolidated earnings at various times from 1991 until 1995. The Order finds that Sukenik was aware of the fraudulent purpose of the reserves, yet as Grace's principal accounting officer, signed Grace's periodic reports filed with the Commission beginning with the 1991 Form 10-K and continuing through the third quarter of 1995. The Commission ordered Sukenik to cease and desist from committing or causing any violation and any future violation of Sections 10(b), 13(a) and 13(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5, 12b-20, 13a-1, 13a-13 and 13b2-1 thereunder. Grace and its former Chief Executive Officer and Chief Financial Officer all previously consented, without admitting or denying the Commission's findings, to the entry of Orders requiring them to cease and desist from committing or causing any violation and any future violation of Sections 10(b), 13(a) and 13(b) of the Exchange Act and Rules 10b-5, 12b-20, 13a- 1 and 13a-13 thereunder. See In the Matter of W.R. Grace & Co., Exchange Act Rel. No. 41578 (June 30, 1999), In the Matter of Brian Smith, Exchange Act Rel. No. 46205 (July 15, 2002), and In the Matter of J.P. Bolduc, Exchange Act Rel. No. 47416 (Feb. 27, 2003). Two Price- Waterhouse partners who were involved in the audits of Grace's consolidated financial statements consented, without admitting or denying the Commission's findings, to the entry of cease-and-desist orders against causing any violation and any future violation of Sections 13(a) and 13(b) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13 thereunder. See In the Matter of Eugene Gaughan, C.P.A., Exchange Act Rel. No. 41580 (June 30, 1999), and In the Matter of Thomas Scanlon, C.P.A., Exchange Act Rel. No. 41581 (June 30, 1999). (Rel. 34- 47597; AAE Rel. 1746; File No. 3-9793) DC COURT ORDERS DAMATO TO DISGORGE TRADING PROFITS AND SHARES On March 10, the D.C. District Court ordered Anthony M. Damato, the former president and chief executive officer of Eagle Building Technologies, Inc., of Boca Raton, Florida, to disgorge trading profits of $56,263, prejudgment interest of $5,637, and to cancel 286,500 shares of stock he received as compensation while an officer and director of the company. Damato agreed to disgorge another 81,242 shares to repay his trading profits and prejudgment interest. Damato consented to the order without admitting or denying the allegations in the Commission's complaint. On Oct. 22, 2002, Damato consented to a permanent injunction from violating the anti-fraud, periodic reporting and internal record-keeping provisions of Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13b2-1, and 13b2-2, and aiding and abetting Eagle Building's violations of Section 13(a) and 13(b)(2) of the Exchange Act and Rules 13a-1 and 13a-13. The SEC alleged that Damato created false purchase orders and bank records for business purportedly conducted in India, which he then provided to accountants to inflate the revenues reported by the company in its annual and quarterly reports filed with the SEC, and false press releases regarding the company's marketing of products to combat terrorism after September 11. The court also barred Damato from acting as an officer or director of any public company. Previously on May 20, 2002, the court permanently enjoined Eagle Building from violating Sections 10(b), 13(a), and 13(b)(2) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, 13a-13, and 13b2-1, based on the consent of the company in which it neither admitted nor denied the allegations of the complaint. For further information, see LR-17389 and LR-17803. [SEC v. Eagle Building Technologies, Inc., et al., Civil Action No. 1:02CV00397 ESH, USDC, DDC] (LR-18054) SEC SUES GLOBAL AIRLINES CORPORATION AND ITS CHIEF EXECUTIVE OFFICER EMIL BERNARD FOR SECURITIES FRAUD The Commission announced today that it filed a complaint alleging fraud and violations of a tender offer rule against Global Airlines Corporation, a shell company, and Emil Bernard, Global's sole owner, officer, director, and employee. In its complaint, the Commission alleges that Global and Bernard deceived the public by making false and misleading statements regarding Global's ability to purchase and operate two major airline companies, Trans World Airlines, Inc. and US Airways Group Inc. The Commission filed the complaint in the U.S. District Court for the Southern District of New York. The complaint alleges that from June through November 2000, Global, by and through Bernard, made several written offers to purchase TWA and, in November 2000, publicly announced that it would commence a tender offer for the company by the end of the month. The complaint further alleges that from July through September 2001, Global, by and through Bernard, made several offers to purchase US Airways and, in August 2001, publicly announced that it would commence a tender offer for US Airways by the following month. According to the complaint, price and volume increases occurred in TWA and US Airways common shares following Global's tender offer announcements in November 2000 and August 2001, respectively. The complaint alleges that Global and Bernard, using his name and the name, "John Scott," made materially false and misleading statements to the public about Global's offers to purchase and proposed tender offers for the airlines. The complaint also alleges that the statements created the impression that Global's purchase offers and tender offer announcements were legitimate and that the deals would likely be consummated. According to the complaint, consummation of either deal was remote, if not impossible -- Bernard knew that Global had no assets or resources with which to purchase either airline. The complaint charges Global and Bernard with violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 10b-5 and 14e-8. The Commission requests that the court permanently enjoin Global and Bernard from violating the antifraud and tender offer provisions of the federal securities laws and impose a civil money penalty against them. [SEC v. Global Airlines Corporation, et al., C.A. No. 03-CV-2200, TTG, SDNY] (LR-18055) INVESTMENT COMPANY ACT RELEASES NOTICES OF DEREGISTRATIONS UNDER THE INVESTMENT COMPANY ACT For the month of March, 2003, a notice has been issued giving interested persons until April 22, 2003, to request a hearing on any of the following applications for an order under Section 8(f) of the Investment Company Act declaring that the applicant has ceased to be an investment company: John Hancock Cash Reserve, Inc. [File No. 811-2995] Global Investment Portfolio [File No. 811-8454] Amadeo Trust [811-9409] PIC Technology Portfolio [File No. 811-10149] Emerging Markets Debt Portfolio (formerly known as Global High Income Portfolio) [File No. 811-7302] Growth Portfolio [File No. 811-7363] Dessauer Global Equity Fund [File No. 811-7691] FSP Investment Trust [File No. 811-10611] Credit Suisse Institutional U.S. Core Equity Fund, Inc. [File No. 811- 8919] Credit Suisse Global New Technologies Fund, Inc. [File No. 811-9961] Credit Suisse Global Financial Services Fund, Inc. [File No. 811-9963] NBP TrueCrossing Funds [File No. 811-9509] Impact Management Investment Trust [File No. 811-8065] First Eagle Funds [File No. 811-4935] LaCrosse Funds, Inc. [File No. 811-9051] Rupay-Barrington Funds, Inc. [File No. 811-8516] (Rel. IC-25984 - March 28) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-PCX-2003-03) filed by the Pacific Exchange to amend the regulatory fees portion of its Schedule of Fees and Charges to add a Designated Options Examining Authority fee for member firms that conduct a public options business 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 March 31. (Rel. 34-47577) PROPOSED AMENDMENT TO THE ITS PLAN The Intermarket Trading System Operating Committee has filed a proposed amendment to the ITS Plan (File No. 4-208) under Rule 11Aa3-2 of the Securities Exchange Act relating to the use by the Chicago Board Options Exchange, Inc. of the Regional Computer Interface and the description of commitment acceptance applicable to specialists of the Boston Stock Exchange. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47578) APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-PHLX-2002-18) submitted by the Philadelphia Stock Exchange to make permanent a PACE automatic price improvement pilot program and a PACE order execution and price protection pilot program. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47582) The Commission approved a proposed rule change (SR-OCC-2001-11) filed by The Options Clearing Corporation. The proposed rule change makes explicit certain policies of OCC relating to intraday margin deposits. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47586) The Commission approved a proposed rule change and granted accelerated approval of Amendment Nos. 1, 2, and 3 thereto, submitted by the National Association of Securities Dealers (SR-NASD-2000-42) relating to requirements for recording and reporting of certain quotation data. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47587) The Commission approved a proposed rule change (SR-NASD-2003-03) submitted by the National Association of Securities Dealers waiving fees assessed under NASD Rule 7010(s) for new subscribers to Nasdaq PostData. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47592) AMENDMENT TO PROPOSED RULE CHANGE The New York Stock Exchange filed Amendment No. 3 to a proposed rule change (SR-NYSE-2002-35) relating to business continuity plans and emergency contact information. (Rel. 34-47584) PROPOSED RULE CHANGES The National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., has filed a proposed rule change (SR-NASD- 2003-37), and Amendment No. 1 thereto, to permanently allow NNNS Order Entry Firm to post non-attributable quotes/orders in Nasdaq's SuperMontage system. (Rel. 34-47588) The National Association of Securities Dealers filed a proposed rule change (SR-NASD-2003-13) relating to proposed Interpretive Material regarding the use of investment analysis tools. Publication of the proposal is expected in the Federal Register during the week of March 31. (Rel. 34-47590) DELISTINGS GRANTED An order has been issued granting the application of the Philadelphia Stock Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation respecting underlying securities of the following companies, effective at the opening of business on March 31, 2003. Dreyer's Grand Ice Cream, Inc. (QDF/DRYR - Amex/CBOE) Gucci Group NV (GUC - Amex/CBOE/ISE) (Rel. 34-47593) An order has been issued granting the application of the Pacific Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation respecting the underlying securities of NovaStar Financial, Inc. (NFI), effective at the opening of business on April 1, 2003. (Rel. 34-47600) WITHDRAWAL SOUGHT A notice has been issued giving interested persons until April 21, 2003, to comment on the application of Landesbank Baden-Wrttemberg to withdraw its 7-7/8% Subordinated Notes (due April 15, 2004) from listing and registration on the New York Stock Exchange. (Rel. 34-47594) 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-8 FINX GROUP INC, 249 NORTH SAW MILL RIVER ROAD, ELMSFORD, NY, 10523, 9145925930 - 100,000,000 ($500,000.00) Equity, (File 333-104081 - Mar. 28) (BR. 03) S-8 FARMSTEAD TELEPHONE GROUP INC, 22 PRESTIGE PARK CIRCLE, EAST HARTFORD, CT, 06108, 8602820010 - 1,300,000 ($419,360.00) Equity, (File 333-104082 - Mar. 28) (BR. 36) S-8 METTLER TOLEDO INTERNATIONAL INC/, IM LANGACHER P O BOX MT-100, CH 8606 GREIFENSEE, SWITZERLAND, V8, 10022, 2126445900 - 100,000 ($3,100,000.00) Equity, (File 333-104083 - Mar. 28) (BR. 36) S-8 MCCORMICK & CO INC, 18 LOVETON CIRCLE, P O BOX 6000, SPARKS, MD, 21152, 4107717301 - 0 ($24,475,165.00) Equity, (File 333-104084 - Mar. 28) (BR. 04) S-8 CHARTER FINANCIAL CORP/GA, 600 THIRD AVENUE, WEST POINT, GA, 31833, 7066451391 - 0 ($13,231,061.00) Equity, (File 333-104085 - Mar. 28) (BR. 07) S-8 DAUGHERTY RESOURCES INC, 120 PROSPEROUS PLACE, SUITE 201, LEXINGTON, KY, 40509, 6062633948 - 343,388 ($350,255.76) Equity, (File 333-104086 - Mar. 28) (BR. 04) S-2 TRAVELERS INSURANCE CO, ONE TOWER SQUARE, ATTN FINANCIAL SERVICES LEGAL DIVISION, HARTFORD, CT, 06183-2020, 860-277-0111 - 0 ($200,000,000.00) Other, (File 333-104087 - Mar. 28) (BR. 20) S-8 FSI INTERNATIONAL INC, 3455 LYMAN BLVD., CHASKA, MN, 55318, 9524485440 - 0 ($3,993,000.00) Equity, (File 333-104088 - Mar. 28) (BR. 36) S-3 MBNA AMERICA BANK NATIONAL ASSOCIATION, 1100 NORTH KING ST, WILMINGTON, DE, 19801, 3024539930 - 0 ($1,000,000.00) Asset-Backed Securities, (File 333-104089 - Mar. 28) (BR. 05) S-4 VERTIS INC, 250 WEST PRATT STREET 18TH FL, BALTIMORE, MD, 21201, 4105289800 - 0 ($100,000,000.00) Non-Convertible Debt, (File 333-104090 - Mar. 28) (BR. 02) S-4 INTUITIVE SURGICAL INC, 1340 W MIDDLEFIELD ROAD, MOUNTAIN VIEW, CA, 94043, 6502377000 - 0 ($107,916,875.00) Equity, (File 333-104093 - Mar. 28) (BR. 36) S-8 INDEVUS PHARMACEUTICALS INC, ONE LEDGEMONT CENTER, 99 HAYDEN AVE, LEXINGTON, MA, 02421, 6178618444 - 500,000 ($610,000.00) Equity, (File 333-104094 - Mar. 28) (BR. 01) S-8 INDEVUS PHARMACEUTICALS INC, ONE LEDGEMONT CENTER, 99 HAYDEN AVE, LEXINGTON, MA, 02421, 6178618444 - 3,500,000 ($2,440,000.00) Equity, (File 333-104095 - Mar. 28) (BR. 01) S-8 DAIR VENTURES INC, 650 WEST AVE, STE 1509, MIAMI BEACH, FL, 33139, 3059137769 - 10,000,000 ($1,000.00) Equity, (File 333-104096 - Mar. 28) (BR. 09) S-3 ANHEUSER BUSCH COMPANIES INC, ONE BUSCH PL, ST LOUIS, MO, 63118-1852, 3147656565 - 0 ($2,000,000,000.00) Non-Convertible Debt, (File 333-104097 - Mar. 28) (BR. 02) S-8 ULTRAGUARD WATER SYSTEMS CORP, 5763 203 A STREET, 2ND FLORR, LANGLEY BC CANADA, A1, V3A 1W7, 6045399398 - 2,400,000 ($1,080,000.00) Equity, (File 333-104098 - Mar. 28) (BR. 06) S-8 KIMBERLY CLARK CORP, P O BOX 619100, DFW AIRPORT STATION, DALLAS, TX, 75261-9100, 9722811200 - 24,000,000 ($1,078,320,000.00) Equity, (File 333-104099 - Mar. 28) (BR. 04) S-8 TRANSMETA CORP, 3940 FREEDOM CIRCLE, 415-413-1880, SANTA CLARA, CA, 95054, 4089193000 - 0 ($9,063,336.48) Equity, (File 333-104100 - Mar. 28) (BR. 36) S-8 ACTUATE CORP, 701 GATEWAY BLVD, SUITE, SOUTH SAN FRANCISCO, CA, 94080, 6504252300 - 0 ($4,301,000.00) Equity, (File 333-104101 - Mar. 28) (BR. 03) SB-2 VAPOR FUEL TECHNOLOGIES INC, 12220 S.W. 1ST STREET, BEAVERTON, OR, 97005, 5036449000 - 200,000 ($800,000.00) Equity, (File 333-104102 - Mar. 28) (BR. 09) S-4 FIRST COMMUNITY BANCSHARES INC /NV/, PO BOX 989, BLUEFIELD, VA, 26406-0989, 3044879000 - 0 ($14,687,187.00) Equity, (File 333-104103 - Mar. 28) (BR. 07) S-8 KONINKLIJKE PHILIPS ELECTRONICS NV, REMBRANDT TOWER AMSTELPLEIN 1, 1096 HA AMSTERDAM, THE NETHERLANDS, 0113140791 - 39,441,535 ($663,406,619.00) Equity, (File 333-104104 - Mar. 28) (BR. 36) S-8 SENESCO TECHNOLOGIES INC, 34 CHAMBERS STREET, PO BOX 3303, PRINCETON, NJ, 08542, 6092520880 - 3,000,000 ($7,087,180.00) Equity, (File 333-104105 - Mar. 28) (BR. 01) S-8 GROUP MANAGEMENT CORP, 2812424744 - 10,000,000 ($210,000.00) Equity, (File 333-104107 - Mar. 28) (BR. 08) S-8 MAXYGEN INC, 515 GALVESTON DRIVE, REDWOOD CITY, CA, 94063, 6502985300 - 2,037,203 ($14,219,676.94) Equity, (File 333-104108 - Mar. 28) (BR. 01) SB-2 VESTIN GROUP INC, 2901 EL CAMINO AVENUE, LAS VEGAS, NV, 89102, 7022270965 - 0 ($500,000,000.00) Non-Convertible Debt, (File 333-104109 - Mar. 28) (BR. 09) S-3 CARBO CERAMICS INC, 2144010090 - 0 ($24,393,750.00) Equity, (File 333-104110 - Mar. 28) (BR. 06) S-8 TRSG CORP, 500 EAST CHEYENNE AVE, NORTH LAS VEGAS, NV, 89030, 7023994328 - 800,000,000 ($800,000.00) Other, (File 333-104111 - Mar. 28) (BR. 04) S-8 CALYPTE BIOMEDICAL CORP, 1265 HARBOR BAY PARKWAY, ALAMEDA, CA, 94502-, 5107495100 - 44,812,000 ($1,120,300.00) Equity, (File 333-104113 - Mar. 28) (BR. 36) S-8 EMC CORP, 176 SOUTH STREET, HOPKINTON, MA, 01748-9103, 5084351000 - 0 ($35,500,000.00) Equity, (File 333-104114 - Mar. 28) (BR. 03) S-8 CACI INTERNATIONAL INC /DE/, 1100 N GLEBE ST, ARLINGTON, VA, 22201, 7038417800 - 0 ($61,290,500.00) Equity, (File 333-104115 - Mar. 28) (BR. 03) S-3 EMC CORP, 176 SOUTH STREET, HOPKINTON, MA, 01748-9103, 5084351000 - 0 ($17,750,000.00) Equity, (File 333-104116 - Mar. 28) (BR. 03) S-8 FUTURE CARZ INC, 8930 E RAINTREE, STE 300, SCOTTSDALE, AZ, 85260, 6196998900 - 1,500,000 ($22,500.00) Other, (File 333-104117 - Mar. 28) (BR. 08) S-8 CACI INTERNATIONAL INC /DE/, 1100 N GLEBE ST, ARLINGTON, VA, 22201, 7038417800 - 0 ($28,988,750.00) Equity, (File 333-104118 - Mar. 28) (BR. 03) S-3 ARADIGM CORP, 3929 POINT EDEN WAY, HAYWARD, CA, 94545, 5102659000 - 0 ($26,736,053.00) Equity, (File 333-104119 - Mar. 28) (BR. 36) F-3 GLAXOSMITHKLINE PLC, 980 GREAT WEST ROAD, BRENTFORD MIDDLESEX, X0, TW8 9GS, 011442080475000 - 0 ($5,000,000,000.00) Other, (File 333-104121 - Mar. 28) (BR. 01) F-8 GREAT WEST LIFECO INC, 100 OSBORNE ST N, WINNIPEG CANADA, A2, R3C 3A5, 2049461190 - 0 ($441,535,988.43) Other, (File 333-104122 - Mar. 28) (BR. 01) S-8 STARRETT L S CO, 121 CRESCENT ST, ATHOL, MA, 01331, 5082493551 - 800,000 ($11,464,000.00) Equity, (File 333-104123 - Mar. 28) (BR. 06) S-3 JANUS CAPITAL GROUP INC, 100 FILLMORE STREET, DENVER, CO, 80206-4928, 3033333863 - 0 ($181,567,646.00) Equity, (File 333-104124 - Mar. 28) (BR. 07) S-4 INTERSTATE POWER & LIGHT CO, 200 FIRST ST SE, ALLIANT ENERGY TOWER, CEDAR RAPIDS, IA, 52401, 3193984411 - 6,000,000 ($150,000,000.00) Equity, (File 333-104125 - Mar. 28) (BR. 02) S-8 COMPUTER HORIZONS CORP, 49 OLD BLOOMFIELD AVE, MOUNTAIN LAKES, NJ, 07046-1495, 9732994000 - 0 ($10,430,000.00) Equity, (File 333-104126 - Mar. 28) (BR. 03) S-8 IPARTY CORP, 41 EAST 11TH STREET 11TH FLOOR, NEW YORK, NY, 10003, 2123311225 - 0 ($1,540,000.00) Equity, (File 333-104127 - Mar. 28) (BR. 03) S-8 MARIMBA INC, 440 CLYDE AVE, MOUNTAIN VIEW, CA, 94043, 6509305282 - 1,580,550 ($2,299,700.25) Equity, (File 333-104128 - Mar. 28) (BR. 03) S-8 BE AEROSPACE INC, 1400 CORPORATE CTR WY, WELLINGTON, FL, 33414, 5617915000 - 1,300,000 ($2,041,000.00) Equity, (File 333-104129 - Mar. 28) (BR. 06) S-11 DELPHI PROPERTIES INC, 5725 DELPHI DR., TROY, MI, 48098, 2488132000 - 0 ($345,000,000.00) Equity, (File 333-104130 - Mar. 28) (BR. ) SB-2 WINE PURVEYORS INTERNATIONAL, 2,030,900 ($2,030,900.00) Equity, (File 333-104131 - Mar. 28) (BR. ) 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 MORT CORP MULTI-CLASS MORT P DE X 03/01/03 ABN AMRO MORTGAGE CORP SERIES 2001-1 DE X X 03/01/03 ABN AMRO MORTGAGE CORP SERIES 2001-1 DE X X 03/01/03 ABN AMRO MORTGAGE CORP SERIES 2001-4 DE X X 03/01/03 ABN AMRO MORTGAGE CORP SERIES 2001-4 DE X X 03/01/03 ADELPHIA COMMUNICATIONS CORP DE X 03/25/03 ADEPT TECHNOLOGY INC DE X 03/10/03 ADVANCED TISSUE SCIENCES INC DE X X X 05/21/03 ADVOCAT INC DE X 03/28/03 AEI NET LEASE INCOME & GROWTH FUND XI MN X 03/21/03 AI SOFTWARE INC NV X 03/27/03 ALLEGIANT BANCORP INC/MO/ MO X X 03/19/03 AMERICAN ORIENTAL BIOENGINEERING INC CO X X 01/14/03 ANTEX BIOLOGICS INC DE X X 03/27/03 APPLEBEES INTERNATIONAL INC DE X 03/28/03 ARIZONA PUBLIC SERVICE CO AZ X 03/27/03 ATLAS AIR INC DE X X 03/28/03 ATLAS AIR WORLDWIDE HOLDINGS INC DE X X 03/28/03 AVAYA INC DE X 03/27/03 AXIA GROUP INC/UT NV X X 03/24/03 AMEND BEAR STEARNS DEPOSITOR INC TRUST CERT X 09/15/02 AMEND BEAR STEARNS DEPOSITOR INC TRUST CERT X 09/15/02 AMEND BEAR STEARNS DEPOSITOR INC TRUST CERT X 03/15/02 AMEND BEVERLY ENTERPRISES INC DE X X 03/28/03 BLUE INDUSTRIES INC NV X 03/28/03 BRUSH ENGINEERED MATERIALS INC X 03/28/03 CALIFORNIA STEEL INDUSTRIES INC X X 03/28/03 CELSION CORP MD X 03/27/03 CENTRAL EUROPEAN DISTRIBUTION CORP DE X 03/28/03 AMEND CFS BANCORP INC DE X X 03/27/03 CHEC FUNDING LLC CENTEX HOME EQUITY L DE X X 03/25/03 CHROMCRAFT REVINGTON INC DE X X 03/28/03 CINTECH SOLUTIONS INC OH X X 03/28/03 CITICORP MORTGAGE SECURITIES INC DE X 03/25/03 CITICORP MORTGAGE SECURITIES INC DE X 03/25/03 CITICORP MORTGAGE SECURITIES INC DE X 03/28/03 CITIFINANCIAL MORTGAGE SECURITIES INC DE X 03/25/03 CITIFINANCIAL MORTGAGE SECURITIES INC DE X 03/25/03 CITIZENS & NORTHERN CORP PA X X 03/27/03 CLEAN ENERGY COMBUSTION SYSTEMS INC DE X 03/22/03 CLICK COMMERCE INC X X 03/26/03 CLUETT AMERICAN CORP DE X 03/28/03 CONDOR TECHNOLOGY SOLUTIONS INC DE X 03/26/03 CONSTAR INTERNATIONAL INC DE X X 03/27/03 COURIER CORP MA X X 03/28/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 03/28/03 CRIIMI MAE INC MD X 03/27/03 CWABS INC DE X X 03/28/03 CWMBS INC DE X 03/28/03 CWMBS INC DE X X 03/28/03 CWMBS INC DE X X 03/28/03 CYPRESS BIOSCIENCE INC DE X X 03/25/03 DAINE INDUSTRIES INC DE X X 03/23/03 AMEND DANSKIN INC DE X X 03/28/03 DELCO REMY INTERNATIONAL INC DE X X 03/28/03 DELPHI CORP DE X 03/28/03 DEVRY INC DE X 03/26/03 DIGITAL WORLD CUP INC X X 03/27/03 AMEND DISTRIBUTION FINANCIAL SERVICES MARIN NY X X 02/28/03 DISTRIBUTION FINANCIAL SERVICES RV MA NV X X 02/28/03 DISTRIBUTION FINANCIAL SERVICES RV TR NY X X 02/28/03 DISTRIBUTION FINANCIAL SERVICES RV TR NY X X 02/28/03 DOLE FOOD COMPANY INC DE X X X 03/28/03 DSI TOYS INC TX X X 03/27/03 DURATEK INC DE X 03/28/03 EATERIES INC OK X 12/29/02 AMEND EDWARDS A G INC DE X 03/27/03 EL PASO CORP/DE DE X X 03/28/03 ELDERTRUST MD X X 12/31/02 EMBREX INC/NC/ NC X 03/28/03 EOS INTERNATIONAL INC DE X 01/14/03 AMEND EQCC TRUST 2002-1 NY X 07/25/02 AMEND EQCC TRUST 2002-1 NY X 08/25/02 AMEND EQCC TRUST 2002-1 NY X 09/25/02 AMEND ETHAN ALLEN INTERIORS INC DE X X 03/27/03 EVOLVING SYSTEMS INC DE X 03/21/03 EXPEDITORS INTERNATIONAL OF WASHINGTO WA X 03/26/03 FBR ASSET INVESTMENT CORP/VA VA X X 03/28/03 FIRST COLONIAL GROUP INC PA X 03/28/03 FIRST COMMUNITY BANCSHARES INC /NV/ NV X 03/28/03 FIRST HORIZON ASSET SECURITIES INC DE X X 03/27/03 FIRST HORIZON ASSET SECURITIES INC DE X X 03/27/03 FIRST HORIZON ASSET SECURITIES INC DE X X 03/28/03 FIRST MONTAUK FINANCIAL CORP NJ X X 03/28/03 FLEMING COMPANIES INC /OK/ OK X X 03/27/03 FOOTSTAR INC DE X X 03/28/03 FRIEDMAN BILLINGS RAMSEY GROUP INC VA X X 03/28/03 G REIT INC VA X X 03/18/03 GAVELLA CORP DE X 03/24/03 GENESCO INC TN X 03/28/03 GEOCOM RESOURCES INC NV X 03/28/03 GLOBAL BOULEVARD INTERNATIONAL INC NV X 06/26/02 GLOBAL POWER EQUIPMENT GROUP INC/ DE X 03/26/03 GLOBIX CORP DE X 03/28/03 GRAPHIC PACKAGING INTERNATIONAL CORP CO X X 03/25/03 GRAPHON CORP/DE DE X X 03/25/03 GREENVILLE FIRST BANCSHARES INC SC X 03/28/03 GREER BANCSHARES INC SC X 03/28/03 GRUBB & ELLIS CO DE X X 03/01/03 GS MORTGAGE SECURITIES CORP DE X 03/28/03 GS MORTGAGE SECURITIES CORP DE X 03/28/03 GS MORTGAGE SECURITIES CORP MORT PAS DE X X 03/25/03 GS MORTGAGE SECURITIES CORP MORT PASS DE X X 03/25/03 HAEMONETICS CORP MA X X 03/26/03 HALLIBURTON CO DE X 03/28/03 HALLIBURTON CO DE X 03/27/03 HANOVER DIRECT INC DE X 03/26/03 HARKEN ENERGY CORP DE X X 03/26/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 03/31/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 03/31/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 03/31/03 HCC INSURANCE HOLDINGS INC/DE/ DE X X 03/25/03 HEADWAY CORPORATE RESOURCES INC DE X X 03/13/03 HEALTHSOUTH CORP DE X 03/27/03 HIENERGY TECHNOLOGIES INC WA X 03/28/03 HOUSEHOLD INTERNATIONAL INC DE X 03/28/03 HOUSEHOLD INTERNATIONAL INC DE X 03/28/03 HUMBOLDT BANCORP CA X 03/28/03 INDYMAC MBS INC X 03/13/03 INFOGRAMES INC DE X X 03/14/03 INSTINET GROUP INC DE X X 03/28/03 INSTINET GROUP INC DE X X 03/28/03 ISTAR FINANCIAL INC MD X X 03/27/03 JURIS TRAVEL NV X X X 03/14/03 KENNAMETAL INC PA X 03/28/03 KEYCORP STUDENT LOAN TRUST 1999 A X X 03/27/03 KEYCORP STUDENT LOAN TRUST 2001-A X X 03/27/03 KFX INC DE X 03/14/03 KNOLL INC DE X X 03/28/03 LABONE INC/ MO X 03/26/03 LAM SW INC NV X X 03/27/03 LIGHTBRIDGE INC DE X X 03/25/03 LINDSAY MANUFACTURING CO DE X X 03/25/03 LONDON PACIFIC GROUP LTD X 03/28/03 LONG BEACH ACCEPTANCE CORP X X 03/13/03 LUCENT TECHNOLOGIES INC DE X 03/27/03 LUMENIS LTD X 03/28/03 LYNCH CORP IN X X 03/26/03 MAINSOURCE FINANCIAL GROUP IN X X 03/27/03 MANHATTAN ASSOCIATES INC GA X X 03/26/03 MCMORAN EXPLORATION CO /DE/ DE X 03/28/03 MEDIS TECHNOLOGIES LTD DE X 03/27/03 MERRILL LYNCH & CO INC DE X X 03/28/03 MERRILL LYNCH MORTGAGE INVESTORS INC DE X X 03/28/03 METAWAVE COMMUNICATIONS CORP DE X 03/31/03 MICHAEL ANTHONY JEWELERS INC DE X 03/14/03 MICROTUNE INC DE X X 03/28/03 MILLS CORP DE X X 01/31/03 AMEND MINGHUA GROUP INTERNATIONAL HOLDINGS NY X X X 03/13/03 MORGAN STANLEY DEAN WITTER CAPITAL IN DE X X 10/26/02 AMEND MORGAN STANLEY DEAN WITTER CAPITAL IN DE X X 11/26/02 AMEND MPOWER HOLDING CORP DE X 03/28/03 MRO SOFTWARE INC MA X X 01/17/03 AMEND NEUROTECH DEVELOPMENT CORP DE X X 01/06/03 AMEND NEW COMMERCE BANCORP SC X 03/28/03 NEW WORLD PASTA CO DE X X 03/28/03 NEWMONT MINING CORP /DE/ DE X X 03/28/03 NEWPOWER HOLDINGS INC DE X X 03/24/02 NEXIA HOLDINGS INC NV X X 03/24/03 NORTH BANCORP INC MI X X 03/28/03 NOVATEL WIRELESS INC DE X X 03/27/03 O CHARLEYS INC TN X 03/26/03 OILGEAR CO WI X X 03/21/03 ONCOURSE TECHNOLOGIES INC NV X 03/14/03 ORIENTAL FINANCIAL GROUP INC PR X X 03/25/03 OWENS CORNING DE X X 03/28/03 OWENS ILLINOIS INC /DE/ DE X 03/27/03 PALLADIUM COMMUNICATIONS INC NV X 03/04/03 PANERA BREAD CO DE X 03/28/03 PARTNERRE LTD X 03/27/03 PARTNERRE LTD X 03/27/03 PEDIATRIX MEDICAL GROUP INC FL X X 03/27/03 PETROMINERALS CORP DE X X X 03/18/03 AMEND PHARMACOPEIA INC DE X X 03/27/03 PINNACLE WEST CAPITAL CORP AZ X 03/27/03 POLYONE CORP X X 03/26/03 PRO SQUARED INC X 06/26/02 PROTEIN POLYMER TECHNOLOGIES INC DE X X 03/26/03 PULTE HOMES INC/MI/ MI X X 03/27/03 QRS CORP DE X 03/28/03 QUIXIT INC CO X 03/24/03 RAINMAKER SYSTEMS INC CA X X 03/28/03 REDBACK NETWORKS INC DE X 03/25/03 RELIANT RESOURCES INC DE X X 03/26/03 RONSON CORP NJ X X 03/31/03 RTIN HOLDINGS INC TX X X 03/24/03 SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 11/25/02 AMEND SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 10/25/02 AMEND SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 09/25/02 AMEND SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 08/25/02 AMEND SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 07/25/02 AMEND SALOMON MORTGAGE LOAN TRUST SER 2002- DE X 06/25/02 AMEND SALON MEDIA GROUP INC DE X X 03/12/03 SEMTECH CORP DE X X 03/28/03 SONICBLUE INC DE X X 03/28/03 SPECTRALINK CORP CO X 03/28/03 SPORTS RESORTS INTERNATIONAL INC MI X X 03/28/03 ST JOSEPH CAPITAL CORP DE X X 03/28/03 STEEL DYNAMICS INC IN X 03/28/03 STRUCTURED ASSET MORTGAGE INVESTMENTS X X 01/30/03 STRUCTURED ASSET MORTGAGE INVESTMENTS X X 02/28/03 STRUCTURED PRODUCTS CORP DE X X 03/25/03 STRUCTURED PRODUCTS CORP DE X 02/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 02/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 04/30/02 AMEND STRUCTURED PRODUCTS CORP DE X 05/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 06/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 06/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 07/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 08/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 08/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 09/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 09/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 10/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 10/30/02 AMEND STRUCTURED PRODUCTS CORP DE X 11/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 12/01/02 AMEND STRUCTURED PRODUCTS CORP DE X 12/15/02 AMEND STRUCTURED PRODUCTS CORP DE X 12/31/02 AMEND SUMMIT BROKERAGE SERVICES INC / FL X X 03/28/03 SUNOCO INC PA X X X 03/28/03 SYMBOLLON CORP DE X 03/28/03 T NETIX INC DE X X 03/26/03 TERAFORCE TECHNOLOGY CORP DE X X 03/26/03 TEXTRON INC DE X 03/28/03 THREE FIVE SYSTEMS INC DE X 03/28/03 TIDELANDS ROYALTY TRUST B TX X X 03/27/03 TITAN PHARMACEUTICALS INC DE X X 03/27/03 TMP WORLDWIDE INC DE X 03/28/03 TOLL BROTHERS INC DE X X 03/28/03 TOUCH AMERICA HOLDINGS INC DE X X 03/28/03 TRANS LUX CORP DE X X 03/27/03 TRANSPRO INC DE X X 03/27/03 TRIKON TECHNOLOGIES INC CA X X 03/27/02 TRIMBLE NAVIGATION LTD /CA/ CA X 03/28/03 TRIMBLE NAVIGATION LTD /CA/ CA X 03/28/03 TRIMBLE NAVIGATION LTD /CA/ CA X 03/28/03 UGOMEDIA INTERACTIVE CORP NV X X X 03/19/03 UNIFI INC NY X X 03/26/03 VALERO ENERGY CORP/TX DE X X 03/25/03 VENTAS INC DE X X 03/27/03 VIEW SYSTEMS INC FL X 03/21/03 VINEYARD NATIONAL BANCORP CA X X 03/28/03 VION PHARMACEUTICALS INC DE X X 03/28/03 VITALSTATE INC NY X X 03/24/03 VOXCORP INC UT X X 03/11/03 WACHOVIA ASSET SEC INC ASST BACK NOTE NC X X 10/25/02 WACHOVIA ASSET SEC INC ASST BACK NOTE NC X X 11/25/02 WACHOVIA ASSET SEC INC ASST BACK NOTE NC X X 12/26/02 WARWICK VALLEY TELEPHONE CO NY X 03/28/03 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 03/27/03 WEST CORP DE X X 03/27/03 WEST MARINE INC DE X X 01/14/03 AMEND WESTERN WIRELESS CORP WA X X 03/26/03 WHEELING ISLAND GAMING INC DE X X 03/28/03 WHITMAN EDUCATION GROUP INC FL X 03/28/03 WODFI LLC FL X 02/15/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 02/28/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 02/28/03 X-CHANGE CORP NV X 03/13/03 ZONAGEN INC DE X X 03/27/03