SEC NEWS DIGEST Issue 2005-67 April 8, 2005 COMMISSION ANNOUNCEMENTS TRADING SUSPENDED IN SECURITIES OF BIO-HEAL LABORATORIES, 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 Bio-Heal Laboratories, Inc. (Bio-Heal) (stock symbol BHLL), a Nevada corporation, at 9:30 a.m. EDT, April 8, 2005 through 11:59 p.m. EDT, on April 21, 2005. The Commission temporarily suspended trading in the securities of Bio- Heal because of questions raised regarding Bio-Heal’s issuance of approximately 12 million shares of common stock in purported reliance on Rule 504 of Regulation D of the Securities Act of 1933. Bio-Heal, a company that is delinquent in its periodic filing obligations under Section 13(a) of the Exchange Act, is quoted on the Pink Sheets under the ticker symbol BHLL, and has recently been the subject of a website touting the company’s shares. The Commission cautions brokers, 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 it has complied with the rule, it 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, it should refrain from entering quotations relating to Bio-Heal securities until such time as it has familiarized itself with the rule and is certain that all of its provisions have been met. If any broker or dealer enters any quotation that is in violation of the rule, the Commission will consider the need for prompt enforcement action. If any broker, dealer or other person has any information which may relate to this matter, they should immediately communicate it to Christine Lynch, Branch Chief, Southeast Regional Office of the Securities and Exchange Commission. She can be reached at (305) 982- 6312 or by e-mail at Miami@sec.gov. (Rel. 34-51507) SEC ANNOUNCES PANELISTS FOR APRIL 13TH ROUNDTABLE ON IMPLEMENTATION OF INTERNAL CONTROL REPORTING PROVISIONS Discussions to be Webcast in Real Time On April 7, Chairman William H. Donaldson announced the panelists for the Commission’s Roundtable on Implementation of Internal Control Reporting Provisions. The Roundtable will feature a broad range of stakeholders involved with internal control reporting - including investor advocates, representatives of public companies, members of audit committees, auditors, attorneys, and U.S. regulators. In making today’s announcement, Chairman Donaldson said, “The panels are comprised of highly qualified individuals that offer significant expertise and first-hand experience on these matters. The April Roundtable is an important part of the Commission's overall efforts to study the initial implementation of the internal control reporting provisions and an open and lively discussion is expected. I am pleased that PCAOB Chairman William McDonough and his fellow board members will be joining us for the Roundtable.” Donald T. Nicolaisen, Chief Accountant, said, “I believe that the quality of the individuals who have agreed to participate in the Roundtable speaks volumes about the importance of this discussion. We intend to consider the feedback we receive carefully and evaluate whether there is additional guidance we can provide that benefits investors while – where possible – lowering the cost for companies. Because many registrants are or soon will be evaluating their internal control processes for 2005 and integrated audits are or soon will be planned and organized, we intend to act expeditiously on what we learn.” The Roundtable will cover a number of topics, including: (1) first year efforts; (2) reporting to the public; (3) planning and design; (4) documentation and testing of internal control over financial reporting; (5) the use of judgment in communications and conclusions; and (6) next steps. The Roundtable is scheduled to take place from 9:00 a.m. to 5:30 p.m., E.D.T., in the William O. Douglas Room at SEC headquarters, 450 Fifth Street, N.W., Washington, D.C and will be open to the public with seating on a first-come, first-served basis. Doors will open at 8:00 a.m., E.D.T. The visitors' entrance to the SEC is located on Fifth Street, N.W. Visitors will be subject to security checks. Real time and archived audio and video webcasts will be accessible at http://www.sec.gov. Selected materials related to the Roundtable - including the day’s agenda, a Briefing Paper, and materials submitted to the staff in connection with the discussions - are accessible at http://www.sec.gov/spotlight/soxcomp.htm. Panelists will include: · Philip D. Ameen, General Electric Company · Mark J. P. Anson, California Public Employees’ Retirement System · The Honorable Charles A. Bowsher, Board member, various companies · Frank H. Brod, The Dow Chemical Company · William J. Brunner, First Indiana Corporation · The Honorable Mary K. Bush, Bush International, Inc. · H. Rodgin Cohen, Sullivan & Cromwell LLP · J. Michael Cook, Audit Committee Chair/Member, various companies · James E. Copeland, Jr., Representative of U.S. Chamber of Commerce · Colleen Cunningham, Financial Executives International · Nick S. Cyprus, The Interpublic Group of Companies · Alex Davern, National Instruments · Samuel A. DiPiazza, Jr., PricewaterhouseCoopers International · Lisa A. Flavin, Emerson Electric Co. · Timothy P. Flynn, KPMG · The Honorable Barbara Hackman Franklin, Director, Aetna, Inc. · Kimberly Parker Gavaletz, Lockheed Martin Corporation · Susan C. Gordon, Viacom · Robert Greifeld, The Nasdaq Stock Market, Inc. · Jay L. Haberland, United Technologies Corporation · Curtis L. Hage, Home Federal Bank · Robert Hodgkinson, Turnbull Review Group · Keith E. Holmberg, British Petroleum · Michele J. Hooper, The Directors’ Council · Jay Howell, BDO Seidman · John J. Huber, Latham & Watkins LLP · Gregory J. Jonas, Moody’s Investors Service · Larry J. Koch, Deloitte & Touche LLP · Randall S. Kroszner, University of Chicago · Robert J. Kueppers, Deloitte & Touche USA LLP · Ron Lalonde, Canadian Imperial Bank of Commerce · Debbie Lambert, Johnson, Lambert & Company · Lee Level, Computer Sciences Corporation · Peter Lyons, Shearman & Sterling LLP · Rebecca McEnally, CFA Centre for Financial Market Integrity · Robert H. Miles, Washington Mutual, Inc. · Peter F. Minan, KPMG LLP · Charles H. Noski, Board Member and Audit Committee Member, various · Edward E. Nusbaum, Grant Thornton LLP · Dr. Klaus Patzak, Siemens Aktiengesellschaft · David L. Shedlarz, Pfizer Inc. · Damon A. Silvers, American Federation of Labor and Congress of Industrial Organizations · Teresa F. Sparks, Symbion, Inc. · Garrett L. Stauffer, PricewaterhouseCoopers LLP · Shelley S. Stein, Grant Thornton LLP · Casey J. Sylla, Allstate Financial · Tom Szlosek, Honeywell International Inc. · Dr. Albert M. Teplin, Audit Committee Chair/Member, various companies · John A. Thain, New York Stock Exchange · James S. Turley, Ernst & Young · Lynn E. Turner, Glass, Lewis & Co. · Richard G. Ueltschy, Crowe Chizek & Company L.L.C. · The Honorable David M. Walker, Comptroller General of the United States · Ann Yerger, Council of Institutional Investors For additional information, please contact John Heine at 202-942- 0020. (Press Rel. 2005-50) ENFORCEMENT PROCEEDINGS ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST CHARLES DWAIN DAVIS, JR. On April 7, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions (Order) against Charles Dwain Davis, Jr. The Order finds that on March 18, 2005, Davis was enjoined from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, by the United States District Court for the Northern District of Texas [SEC v. Charles Dwain Davis, Jr., 3:04-CV-1023-D]. The Commission’s complaint alleged that while acting as a registered representative, Davis misappropriated funds from at least eight of his brokerage customers. Rather than buying for his customers’ accounts securities he had recommended, Davis diverted customer funds into bank accounts he controlled. Further, Davis sent his customers fictitious account statements that falsely represented securities that his customers purportedly owned, and made Ponzi-type payments to certain customers to prevent detection of his fraudulent activities. Based on the injunction in the civil action above, the Order bars Davis from association with any broker or dealer. Any reapplication for association by the Respondent will be subject to the applicable laws and regulations governing the reentry process, and reentry may be conditioned upon a number of factors, including, but not limited to, the satisfaction of any or all of the following: (a) any disgorgement ordered against the Respondent, whether or not the Commission has fully or partially waived payment of such disgorgement; (b) any arbitration award related to the conduct that served as the basis for the Commission order; (c) any self-regulatory organization arbitration award to a customer, whether or not related to the conduct that served as the basis for the Commission order; and (d) any restitution order by a self- regulatory organization, whether or not related to the conduct that served as the basis for the Commission order. Davis consented to the issuance of the Order without admitting or denying findings, except he admitted the entry of the injunction. Additional information can be found in Litigation Release No. 18707 (May 12, 2004). (Rel. 34-51505; File No. 3-11886) SEC SETTLES CHARGES AGAINST EASYLINK SERVICES CORPORATION AND ITS FORMER CFO FOR OVERSTATING ADVERTISING BARTER REVENUE The Commission announced today the institution of a settled enforcement action against EasyLink Services Corporation, headquartered in Piscataway, NJ, for improperly recognizing and reporting advertising revenue from barter transactions in 2000 as a result of their failure to apply the appropriate accounting standards Also named in the Commission’s action is Debra L. McClister, age 50, of River Edge, New Jersey, who served as executive vice president and chief financial officer of EasyLink and is a certified public accountant. Simultaneous with the institution of the Commission’s order, EasyLink and McClister each agreed, without admitting or denying the findings in the order, to cease and desist from violating or causing violations of the issuer reporting, record-keeping, and internal control provisions of the federal securities laws. McClister also consented to the entry of an order denying her the privilege of appearing or practicing before the Commission as an accountant, with the right to apply for reinstatement after two years. During the relevant period, EasyLink was known as Mail.com, Inc. and was a provider of Internet messaging services based in New York City. The Commission’s order finds that during 2000, EasyLink engaged in two types of barter transactions – cash barter, in which EasyLink traded advertising on websites it owned or operated for advertising on another company’s website and “swapped” checks of identical or similar amounts with the other company, and trade barter, in which EasyLink and a third party simply exchanged advertising but not cash payments. In the cash barter deals, EasyLink recognized 100% of the stated value of cash barter deals as revenue. For trade barter, EasyLink used a formula provided by its auditor and generally recognized 60% of the stated value of the deal. This formula was not in conformity with Generally Accepted Accounting Principles (GAAP). EasyLink overstated barter revenue because it failed to comply with GAAP, specifically Emerging Issues Task Force Issue No. 99-17, “Accounting for Advertising Barter Transactions” (EITF 99-17). EITF 99-17 generally permits recognition of barter revenue only if the fair value of advertising surrendered in a barter deal can be determined based on a company’s comparable cash transactions in the prior six months. McClister did not become aware of EITF 99-17 until 2003, and thus failed to apply it to the company’s barter transactions during 2000. By failing to comply with EITF 99-17, EasyLink overstated its revenue for fiscal 2000 by $4.85 million, or 8.6% of total revenue. It also overstated its revenue for the third quarter of 2000 by 16.1%. (Expenses were also overstated by the same amount, resulting in no impact to net income during these periods.) EasyLink reported its overstated revenues in financial statements contained in its 2000 Form 10-K and its Form 10-Q for the third quarter of 2000. Because of its overstated barter revenue, EasyLink was able to tout in press releases its increasing advertising revenue and the fact that the company met or exceeded analysts’ revenue expectations during the third quarter and fiscal 2000. The Commission’s order further finds that McClister knew about the trade barter and cash barter deals, failed to account for them properly, failed to implement EITF 99-17, failed to inform the outside auditors that EasyLink was engaged in cash barter transactions, and failed to ensure that the company’s financial statements were accurate. She prepared and signed EasyLink’s Form 10-K and Form 10-Q that included the overstated barter revenue. The Commission found that EasyLink violated Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Securities Exchange Act of 1934 and Rules 12b-20, 13a-1, and 13a-13 thereunder, and that McClister caused these violations and violated Rule 13b2-1 of the Exchange Act. The Commission also found that McClister engaged in improper professional conduct within the meaning of Rule 102(e)(1)(ii) of the Commission’s Rules of Practice. SEC Chairman William H. Donaldson was a member of EasyLink’s board of directors and the audit committee of the board during the relevant period. He voluntarily provided testimony and cooperated willingly and fully in the investigation, which was led by the Commission’s career staff. Chairman Donaldson did not participate in any matter before the Commission involving EasyLink. At the outset of its consideration of this matter and without the participation of Chairman Donaldson, the Commission unanimously agreed that Daniel Nathan, the chief of the Commodity Futures Trading Commission's Office of Cooperative Enforcement within the CFTC's Enforcement Division, would act as a Special Advisor to the Commission to closely monitor all staff actions in this matter. Mr. Nathan has acted in this oversight capacity, although he did not conduct or lead the staff’s investigation. The four Commissioners sought Mr. Nathan’s assistance to ensure that any action taken by the staff relating to EasyLink would be both thorough and consistent with the Commission’s historical practices. Today’s enforcement action, unanimously approved by the four Commissioners, includes all of the charges that the Commission deemed appropriate in light of the investigative record developed by its staff. This action concludes the Commission’s investigation of EasyLink’s accounting practices related to barter advertising revenue. (Rel. 34- 51506; AAE Rel. 2227; File No. 3-11887; Press Rel. 2005-51) VICTOR DHOOGE SETTLES CHARGES RELATED TO MUNICIPAL REVENUE BOND OFFERING FRAUD On April 8, the Commission issued an Order Instituting Administrative Proceedings, Making Findings and Imposing Remedial Sanctions against Victor P. Dhooge for his involvement in a municipal revenue bond offering fraud that was the subject of a Commission lawsuit filed on June 29, 2004. The Commission simultaneously accepted an offer of settlement from Mr. Dhooge in which he consents, without admitting or denying the Commission’s findings, to an Order barring him from association with any broker or dealer or with any municipal securities dealer with the right to re-apply for association after five years. According to the Commission’s Order, Mr. Dhooge was hired by Miller & Schroeder Financial Inc. (Miller & Schroeder) in 1985 as a public finance underwriter and vice president of the firm’s Solano Beach, California office. Mr. Dhooge was the individual in the underwriting department at the Solana Beach office of Miller & Schroeder responsible for the firm’s underwriting of twelve public offerings of municipal bonds for various affiliates of Heritage Housing Development, Inc. (Heritage). In its lawsuit against Mr. Dhooge, the Commission alleged that Mr. Dhooge knew that Heritage was making material misstatements in connection with the bond offerings underwritten by Miller & Schroeder, in that he knew that Heritage was misusing bond proceeds, and yet continued to participate in the drafting and distribution of Official Statements and in the offer and sale of Heritage bonds, without disclosing the commingling and diversion of bond proceeds, all of which operated as a fraud and deceit on investors. Mr. Dhooge previously consented to a settlement of the Commission’s lawsuit in which he agreed, without admitting or denying the Commission’s allegations, to a Final Judgment permanently enjoining him from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and ordering him to pay disgorgement and prejudgment interest thereon in the amount of $427,406.02, and finding this obligation to have been satisfied in part by payments totaling $140,000 that Mr. Dhooge has previously made from his own funds to settle related investor actions, leaving $287,406.02 of the disgorgement and prejudgment interest ordered against Mr. Dhooge unsatisfied, and not imposing a civil penalty and waiving payment of all but $120,000 of the remaining disgorgement and prejudgment interest amount against Mr. Dhooge based on his representations to the Commission regarding his financial condition. (Rel. 34-51508; File No. 3-11888) JAMES IVERSON SETTLES CHARGES RELATED TO MUNICIPAL REVENUE BOND OFFERING FRAUD On April 8, the Commission issued an Order Instituting Administrative Proceedings, Making Findings and Imposing Remedial Sanctions against James E. Iverson for his involvement in a municipal revenue bond offering fraud that was the subject of the Commission’s lawsuit filed on June 29, 2004. The Commission simultaneously accepted an offer of settlement from Mr. Iverson in which he consents, without admitting or denying the Commission’s findings, to an Order barring him from association with any broker or dealer or any municipal securities dealer with the right to re-apply for association after five years. According to the Commission’s Order, Iverson was head of Miller & Schroeder Financial Inc’s (Miller & Schroeder) Solana Beach, California office, the underwriter for twelve public offerings of municipal bonds for various affiliates of Heritage Housing Development, Inc. (Heritage). Iverson directly supervised the individuals working in the public finance underwriting area. In its lawsuit against Mr. Iverson, the Commission alleged that Iverson knew Heritage was making material misstatements in connection with the bond offerings underwritten by Miller & Schroeder, in that he knew that Robert A. Kasirer (Chief Executive Officer of Health Care Holdings L.P., which provided management services to the Heritage health care facilities) actually controlled Heritage and that the Heritage offering materials did not disclose this fact, and was aware that Heritage was misappropriating investor funds, but did nothing other than ask Heritage personnel to stop the siphoning of investor funds, all of which operated as a fraud and deceit on investors. Mr. Iverson previously consented to a settlement of the Commission’s lawsuit in which he agreed, without admitting or denying the Commission’s allegations, to a Final Judgment permanently enjoining him from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and ordering him to pay disgorgement plus prejudgment interest thereon in the amount of $150,941.09, imposing a civil penalty of $75,000, and not requiring payment of the disgorgement and prejudgment interest because that obligation is considered satisfied by payments exceeding that amount that Mr. Iverson has previously made from his own funds to settle related investor actions. (Rel. 34-51509; File No. 3-11889) FEDERAL COURT GRANTS SUMMARY JUDGMENT, ORDERS CIVIL PENALTY, AND ENTERS FINAL JUDGMENT AGAINST DARIN KNEE The Commission announced today that the Honorable Margaret B. Seymour, U.S. District Judge for the District of South Carolina, granted the Commission’s motion for summary judgment and entered a final judgment against Darin Raymond Knee (Knee) on April 6, 2005. The court permanently restrained and enjoined Knee from further violations of 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 thereunder. The Court made specific findings of fact and conclusions of law regarding Knee’s conduct in the fraudulent offer and sale of Focus Mentors securities, in the form of investment contracts. Knee was ordered to pay a civil penalty in the amount of $15,000. The Court found that Mohamad Elzein, Hussein Hassan El Zein, and Knee, from approximately July through October 2001, raised in excess of $500,000 from investors in a fraudulent, unregistered offering of securities. The Court concluded that Knee made materially false and misleading statements and omissions in connection with the offer and sale of the investment contracts including, among other things, false historical returns, security of the investment, and that Knee promised rates of returns without a reasonable basis therefor. The Court also concluded that Knee took accurate information from the Focus Mentors principals, altered it to make it factually inaccurate, and that Knee thereafter promoted Focus Mentors on his MoneyJoe.com website and in his related electronic newsletter called “Insiders Club” in which he described Focus Mentors as a “secure opportunity” with “107% plus principal guaranteed” even though Knee had no reasonable basis for such statements. The Court also concluded that over 90% of Focus Mentors’ securities investors came to that company through Knee’s promotional efforts over his website and through his electronic newsletter. The Court also found that while Knee was entitled to receive a 5% sales commission plus an override, he never received payment of a commission from the company, and that Focus Mentors principals used Knee’s commission funds to assist in repaying defrauded investors. As a result, the Court found that disgorgement was not appropriate, but ordered Knee to pay a $15,000 civil penalty within 30 days from the entry of the judgment. Final judgments were entered against Knee’s codefendants, in earlier orders of the Court. [SEC v. Mohamad Wael Ibrahim Elzein, individually and d/b/a Focus Mentors Elzein Management; Hussein Hassan El Zein; and Darin Raymond Knee, Civil Action No. 3:03- 2843-24 (D.S.C.)] (LR-19175) SEC OBTAINS COURT ORDER AGAINST MAURICE GREENBERG, C.V. STARR AND AIG TO PROTECT DOCUMENTS IN ONGOING INVESTIGATION April 7, the Commission obtained a protective order against respondents Maurice R. Greenberg (Greenberg), C.V. Starr & Company, Inc. (C.V. Starr) and American International Group, Inc. (AIG), in the U.S. District Court for the Southern District of New York, to protect documents in the Commission’s ongoing investigation. The respondents consented to the Order. The Order prohibits the Respondents from interfering with the ability of the Commission to obtain any and all documents in the Respondents’ possession or control. The Order also provides a procedure for documents outside the United States to be secured, brought to the United States and produced to the Commission and the New York Attorney General. Mark K. Schonfeld, the Director of the Commission’s Northeast Regional Office said, “We sought this order in response to reports of the movement of documents subject to this investigation. This Order will ensure the security and integrity of documents is preserved and that relevant evidence will be available in our ongoing investigation.” The Commission staff issued subpoenas to the Respondents and to Starr International Company, Inc. (SICO) between March 25, 2005, and April 1, 2005. The Order finds that there is a need for an order preserving the security, location and integrity of documents relevant to the Commission’s ongoing investigation and responsive to Commission subpoenas. The Order prohibits Respondents from interfering with the ability of the Commission to obtain documents in the Respondents’ possession or control. With respect to documents as to which there is a dispute among Greenberg, C.V. Starr, SICO and AIG concerning ownership and control, the Order prohibits Respondents from removing such documents from AIG premises and provides a procedure by which such documents shall be handled. Specifically, the Order incorporates a Letter Agreement among those parties, the Commission and the New York Attorney General setting forth an agreed procedure by with the documents will be secured, copied, brought to the United States and produced to the Commission and the New York Attorney General. [SEC v. Maurice R. Greenberg, C. V. Starr & Company, Inc. and American International Group, Inc., USDC, SDNY (Hellerstein, A. K.) M-18-304 (AH)] (LR-19176); Press Rel. 2005-52) INVESTMENT COMPANY ACT RELEASES EMERGING MARKETS GROWTH FUND, INC., ET AL. An order has been issued on an application filed by Emerging Markets Growth Fund, Inc. (Fund), et al., under Sections 6(c) and 17(b) of the Investment Company Act and under Section 17(d) of the Act and Rule 17d-1 thereunder to permit the Fund to invest in an affiliated investment vehicle. (Rel. IC-26789 - March 23) CREDIT SUISSE FIRST BOSTON LLC, ET AL. The Commission has issued an order to Credit Suisse First Boston LLC, et al. under Section 9(c) of the Investment Company Act exempting applicants from Section 9(a) of the Act with respect to a securities- related injunction entered by the U.S. District Court for the Southern District of New York on Oct. 31, 2003. (Rel. IC-26827 – April 1) METLIFE INVESTORS INSURANCE COMPANY, ET AL. A notice has been issued giving interested persons until April 28, 2005, to request a hearing on an application filed by MetLife Investors Insurance Company, (Applicants), et al. Applicants seek an order pursuant to Section 26(c) of the Investment Company Act to permit the substitution of shares of certain portfolios of Met Investors Series Trust and Metropolitan Series Fund, Inc. for shares of certain portfolios of the following funds: AIM Variable Insurance Funds, American Century Variable Portfolios, AllianceBernstein Variable Products Series Fund, Inc., Dreyfus Variable Investment Fund, Variable Insurance Products Fund, Goldman Sachs Variable Insurance Trust, MFS Variable Insurance Trust, Oppenheimer Variable Account Funds, Putnam Variable Trust, and Scudder Variable Series II. Applicants also request an order pursuant to Section 17(b) of the 1940 Act exempting them from provisions of Section 17(a) of the Act to permit certain in-kind transactions in connection with the substitutions. (Rel. IC-26829 - April 7) JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), ET AL. A notice had been issued giving all interested persons until April 28 to request a hearing on an application filed by John Hancock Life Insurance Company (U.S.A.), et al. Applicants seek an order pursuant to Section 26(c) of the Investment Company Act to permit the following substitutions of shares of series of John Hancock Trust (JHT) (formerly Manufacturers Investment Trust): (1) Shares of JHT 500 Index Trust for shares of each of the following series of JHT: (a) Select Growth Trust and (b) Core Value Trust; (2) shares of JHT Mid Cap Index Trust for shares of each of the following series of JHT: (a) Small-Mid Cap Trust and (b) Small-Mid Cap Growth Trust; (3) shares of JHT International Equity Index Trust A for shares of each of the following series of JHT: (a) International Equity Select Trust and (b) Global Equity Select Trust; (4) shares of JHT Investment Quality Bond Trust for shares of the following series of JHT: High Grade Bond Trust; and (5) shares of JHT U.S. Global Leaders Growth Trust for shares of the following series of JHT: Great Companies – America Trust. (Rel. IC-26830 - April 7) HOLDING COMPANY ACT RELEASES CLECO CORP. A notice has been issued giving interested persons until April 26, 2005, to request a hearing on a proposal by Cleco Corporation (Cleco Corp.), a Louisiana corporation and a holding company exempt under Section 3(a)(1) of the Act, to retain its ownership interest in Perryville Energy Partners, LLC (Perryville), upon Perryville’s loss of status as an exempt wholesale generator under the Act. (Rel. 35-27955) SCOTTISH POWER PLC AND DORNOCH INTERNATIONAL INSURANCE LIMITED A notice has been issued giving interested persons until May 2, 2005, to request a hearing on a proposal by Scottish Power plc (ScottishPower), a foreign registered holding company, and Dornoch International Insurance Limited (DIIL), a new indirect captive insurance subsidiary of ScottishPower (together, Applicants). Applicants request authority for DIIL to assume the insurance duties currently performed by ScottishPower Insurance Limited, an indirect insurance company subsidiary of ScottishPower, on behalf of ScottishPower and to provide additional insurance coverage to PacifiCorp. Applicants also request that the Commission reserve jurisdiction over DIIL providing additional insurance coverage beyond property damage and general liability. (Rel. 35-27957; International Series Release No. 1284) PNM RESOURCES, INC., ET AL. A supplemental notice has been issued giving interested persons until May 2, 2005, to request a hearing on proposals by PNM Resources, Inc. (PNM), a registered holding company, Cascade Investment, L.L.C. (Cascade), a limited liability company formed under the laws of the State of Washington, and William H. Gates III (Mr. Gates), Cascade’s sole member. PNM Resources, Cascade, and Mr. Gates request authority to acquire all of the outstanding voting securities of TNP Enterprises, Inc., an exempt public utility holding company. (Rel. 35-27957) SELF-REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-Phlx-2004-75) filed by the Philadelphia Stock Exchange relating to Floor Official conflicts of interest. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51476) The Commission approved a proposed rule change (SR-Amex-2005-009) submitted by the American Stock Exchange under Section 19(b)(1) of the Securities Exchange Act of 1934 to require its members to complete systems training and to include violations of this requirement in its Minor Rule Violation Plan. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51502) The Commission approved a proposed rule change (SR-Amex-2004-65), and Amendment Nos. 1 and 2 thereto submitted by the American Stock Exchange relating to revisions to Amex Rule 21, Appointment of Floor Officials. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51503) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-NYSE-2005-11) filed by the New York Stock Exchange relating to the annual membership fees payable by electronic access members of the Exchange has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51477) A proposed rule change filed by the National Stock Exchange relating to the Exchange's Regulatory Transaction Fee (File No. SR-NSX-2005-01) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51478) A proposed rule change (SR-NASD-2005-035) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., to modify pricing for NASD members using the Nasdaq Market Center and Nasdaq's Brut facility has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51499) PROPOSED RULE CHANGES The Chicago Board Options Exchange filed a proposed rule change (SR-CBOE- 2004-54) that would eliminate a rule that limits permitted offsets, which are stock transactions initiated by options market-makers to hedge option positions, to transactions for which the exercise price of the option is within two standard exercise price intervals of the underlying stock. (Rel. 34-51497) The National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., has filed a proposed rule change (SR-NASD- 2004-033) and Amendment Nos. 1, 2, and 3 thereto seeking to modify the Nasdaq Market Center execution service to add an optional routing feature. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51504) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-NASD-2005-038) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc. to modify the pricing for non-NASD members using Nasdaq's Brut Facility. Publication is expected in the Federal Register during the week of April 11. (Rel. 34-51498) WITHDRAWALS GRANTED An order has been issued granting the application of Perficient, Inc. to withdraw its common stock, $.001 par value, from listing and registration on the Boston Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51481) An order has been issued granting the application of Earl Scheib, Inc. to withdraw its capital stock, $1.00 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51482) An order has been issued granting the application of DynTek, Inc. to withdraw its common stock, $.0001 par value, and series A convertible preferred stock and warrants, from listing and registration on the Boston Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51483) An order has been issued granting the application of Grupo Imsa, S.A. de C.V. to withdraw its American Depositary Shares (each representing nine equity units, each of which consists of three Series B shares, no par value, and two Series C shares, no par value), from listing and registration on the New York Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51484) An order has been issued granting the application of Vitran Corporation Inc. to withdraw its common stock, no par value, from listing and registration on the American Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51485) An order has been issued granting the application of Carmel Container Systems Ltd. to withdraw its ordinary shares, NIS 1.0 par value per share, from listing and registration on the American Stock Exchange, effective at the opening of business on April 7, 2005. (Rel. 34-51496) 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-1 White River Capital Inc, 250 NORTH SHADELAND AVENUE, INDIANAPOLIS, IN, 46219, 317-806-2166 - 3,810,191 ($39,963,056.00) Equity, (File 333-123909 - Apr. 7) (BR. 07) SB-2 Proguard Acquisition CORP, 3040 EAST COMMERCIAL BLVD, FORT LAUDERDALE, FL, 33308, 954-491-7050 - 3,200,000 ($3,080,000.00) Equity, (File 333-123910 - Apr. 7) (BR. 09) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 60,000 ($301,200.00) Equity, (File 333-123911 - Apr. 7) (BR. 01) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 600,000 ($3,012,000.00) Equity, (File 333-123912 - Apr. 7) (BR. 01) S-3 BJs RESTAURANTS INC, 16162 BEACH BOULEVARD, SUITE 100, HUNTINGTON BEACH, CA, 92647, 7148483747 - 0 ($52,607,500.00) Equity, (File 333-123913 - Apr. 7) (BR. 05) S-3 MYRIAD GENETICS INC, 320 WAKARA WAY, SALT LAKE CITY, UT, 84108, 0 ($300,000,000.00) Unallocated (Universal) Shelf, (File 333-123914 - Apr. 7) (BR. 01) S-2 VANTAGEMED CORP, 3017 KILGORE ROAD, SUITE 195, RANCHO CORDOVE, CA, 95670-6149, 9166384744 - 0 ($9,175,264.65) Equity, (File 333-123915 - Apr. 7) (BR. 03) S-1 IVORY CAPITAL CORP, 5459 S IRIS ST, LITTLETON, CO, 80123, 3039329998 - 55,100,335 ($55,651,338.35) Equity, (File 333-123916 - Apr. 7) (BR. 09) S-4 CPI HOLDCO INC, 0 ($140,000,000.00) Other, (File 333-123917 - Apr. 7) (BR. 37) S-8 US MICROBICS INC, 6451 EL CAMINO REAL #C, CARLSBAD, CA, 92009, 7609181860 - 50,000,000 ($1,050,000.00) Equity, (File 333-123918 - Apr. 7) (BR. 04) SB-2 ADVANCED NUTRACEUTICALS INC/TX, 106 SOUTH UNIVERSITY BLVD., UNIT 14, DENVER, CO, 80209, 303-722-4008 - 1,018,855 ($3,515,050.00) Equity, (File 333-123919 - Apr. 7) (BR. 01) N-2 ALLIED CAPITAL CORP, 1919 PENNSYLVANIA AVENUE NW, WASHINGTON, DC, 20006, 2023311112 - 0 ($79,545,000.00) Equity, (File 333-123920 - Apr. 7) (BR. 16) F-1 China Techfaith Wireless Communication Technology LTD, 3/F M8 WEST NO. 1,JIU XIAN QIAO, EAST ROAD, CHAO YANG DISTRICT, BEIJING, F4, 100016, 86-10 5822-8288 - 0 ($150,000,000.00) ADRs/ADSs, (File 333-123921 - Apr. 7) (BR. ) S-8 INLAND RETAIL REAL ESTATE TRUST INC, INLAND RETAIL REAL ESTATE TRUST INC, 2907 BUTTERFIELD ROAD, OAK BROOK, IL, 60523, 6302188000 - 75,000 ($678,750.00) Equity, (File 333-123922 - Apr. 7) (BR. 08) S-3 EQUINIX INC, 301 VELOCITY WAY, 5TH FLOOR, FOSTER CITY, CA, 94404, 650-513-7000 - 100,000 ($4,040,000.00) Equity, (File 333-123923 - Apr. 7) (BR. 37) S-4 DANA CORP, 4500 DORR ST, TOLEDO, OH, 43615, 4195354500 - 0 ($450,000,000.00) Non-Convertible Debt, (File 333-123924 - Apr. 7) (BR. 05) S-1 PARTICLE DRILLING TECHNOLOGIES INC/NV, 808 TRAVIS, SUITE 850, HOUSTON, TX, 77002, 713-223-3031 - 0 ($88,104,978.00) Equity, (File 333-123925 - Apr. 7) (BR. 04) S-4 DETROIT EDISON CO, 2000 SECOND AVE - 2112 WCB, DETROIT, MI, 48226, 3132358000 - 0 ($400,000,000.00) Non-Convertible Debt, (File 333-123926 - Apr. 7) (BR. 02) S-4 Riddell Bell Holdings, Inc., 6225 NORTH STATE HWY 161, SUITE 300, IRVING, TX, 75038, 469-417-6700 - 0 ($140,000,000.00) Non-Convertible Debt, (File 333-123927 - Apr. 7) (BR. ) S-4 FIRST BUSEY CORP /NV/, 201 W MAIN STREET, URBANA, IL, 61801, 2173844513 - 0 ($14,914,810.00) Equity, (File 333-123928 - Apr. 7) (BR. 07) S-4 DRS TECHNOLOGIES INC, 3RD FLOOR, 5 SYLVAN WAY, PARSIPPANY, NJ, 07054, 9738981500 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-123929 - Apr. 7) (BR. 05) S-8 MEGOLA INC, 446 LYNDOCK, SUITE 102, CORUNNA, A6, N0N 1G0, 519-481-0628 - 1,500,000 ($495,000.00) Equity, (File 333-123930 - Apr. 7) (BR. 37) SB-2 US GEOTHERMAL INC, SUITE 910 885 DUNSMUIR STREET, VANCOUVER BRITISH COLUMBIA, A1, 00000, 6044843031 - 9,220,002 ($6,229,955.35) Equity, (File 333-123931 - Apr. 7) (BR. 09) S-8 AMERICAN DAIRY INC, 865 SOUTH FIGUEROA STREET, SUITE 3340, LOS ANGELES, CA, 90017, 213-488-5131 - 0 ($17,850,000.00) Equity, (File 333-123932 - Apr. 7) (BR. 09) S-2 ING LIFE INSURANCE & ANNUITY CO, 151 FARMINGTON AVE, HARTFORD, CT, 06156, 860-723-4646 - 0 ($100,000,000.00) Other, (File 333-123934 - Apr. 7) (BR. 20) 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 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 ------------------------------------------------------------------------------------------------ A.C. Moore Arts & Crafts, Inc. PA 2.02 04/07/05 ACCENTURE LTD 2.02 04/07/05 ACCENTURE SCA 2.02 04/07/05 ACCREDITED HOME LENDERS HOLDING CO DE 5.02 04/03/05 Accredited Mortgage Loan REIT Trust MD 5.02 04/03/05 ACTEL CORP CA 7.01,9.01 04/07/05 ADVANCED MEDICAL OPTICS INC DE 2.02 02/14/05 AMEND ADVANCED POWER TECHNOLOGY INC 1.01,9.01 02/03/04 Advaxis, Inc. CO 5.03,9.01 11/12/04 AMEND AHPC Holdings, Inc. MD 1.01 03/31/05 ALAMOSA HOLDINGS INC DE 3.02 04/07/05 ALASKA AIR GROUP INC DE 7.01 04/07/05 ALCOA INC PA 2.02,9.01 04/06/05 Aleris International, Inc. DE 7.01,9.01 04/06/05 ALION SCIENCE & TECHNOLOGY CORP DE 1.01 04/01/05 ALPHA SPACECOM INC CO 5.01,9.01 03/30/05 ALPHATRADE COM NV 9.01 04/07/05 AMEREN CORP MO 1.02 04/06/05 American Home Mortgage Investment Tru DE 9.01 03/23/05 American Home Mortgage Investment Tru DE 2.01,9.01 03/23/05 AMERICAN ITALIAN PASTA CO DE 7.01,9.01 04/06/05 AMERICAN REAL ESTATE PARTNERS L P DE 8.01 04/06/05 AMERICAN SOUTHWEST HOLDINGS INC DE 4.01,9.01 03/28/05 AMEND AMERICASBANK CORP MD 5.02 04/05/05 AMERISOURCEBERGEN CORP DE 8.01 04/06/05 AmNet Mortgage, Inc. MD 1.01,9.01 03/31/05 AMPEX CORP /DE/ DE 8.01,9.01 04/06/05 AMSOUTH BANCORPORATION DE 7.01,9.01 04/07/05 ANDRX CORP /DE/ DE 1.01,9.01 04/01/05 ANGELICA CORP /NEW/ MO 7.01,9.01 04/07/05 ANNTAYLOR STORES CORP DE 7.01,9.01 04/07/05 APARTMENT INVESTMENT & MANAGEMENT CO MD 7.01,9.01 04/07/05 APOGEE ENTERPRISES INC MN 2.02,9.01 04/06/05 APPLIANCE RECYCLING CENTERS OF AMERIC MN 4.01,9.01 04/01/05 ARBIOS SYSTEMS INC NV 1.01,5.02 04/01/05 ARIBA INC DE 2.02,9.01 04/07/05 ARQULE INC DE 1.01,9.01 01/19/05 ARTS WAY MANUFACTURING CO INC DE 8.01 02/28/05 ASPEN TECHNOLOGY INC /DE/ DE 1.01 04/01/05 ASTRATA GROUP INC NV 8.01,9.01 04/07/05 AUDIOVOX CORP DE 8.01 04/05/05 AUTOBYTEL INC DE 3.01,9.01 04/01/05 AVAX TECHNOLOGIES INC DE 3.02,9.01 04/07/05 AVID TECHNOLOGY INC DE 5.02 04/07/05 AXONYX INC NV 7.01 04/07/05 BANK JOS A CLOTHIERS INC /DE/ DE 2.02,9.01 04/07/05 BANK JOS A CLOTHIERS INC /DE/ DE 1.01,9.01 04/01/05 BARRIER THERAPEUTICS INC DE 1.01 04/01/05 BAYVIEW FINANCIAL SECURITIES CO LLC DE 8.01 04/06/05 BEAR STEARNS COMMERCIAL MORTGAGE SECU DE 8.01,9.01 03/24/05 BEBE STORES INC CA 2.02,9.01 04/02/05 Benjamin Franklin Bancorp, Inc. MA 2.01,9.01 04/04/05 BEVERLY ENTERPRISES INC DE 1.01,3.03,8.01,9.01 03/25/05 BI-OPTIC VENTURES INC 7.01 04/06/05 BIG 5 SPORTING GOODS CORP DE 2.02,4.02,8.01,9.01 04/01/05 BINDVIEW DEVELOPMENT CORP TX 8.01 04/06/05 BINGO.COM LTD. 1A 5.03 04/07/05 BIOENVISION INC DE 4.01,9.01 04/04/05 BLUE COAT SYSTEMS INC DE 8.01,9.01 04/07/05 BORLAND SOFTWARE CORP DE 2.02,2.05,9.01 04/07/05 BOWATER INC DE 1.01 04/05/05 BSQUARE CORP /WA WA 3.01 04/05/05 BUDGETHOTELS NETWORK INC NV 1.01 03/29/05 BURLINGTON COAT FACTORY WAREHOUSE COR DE 4.02 04/05/05 BUSINESS OBJECTS S.A. 1.01 03/29/05 C&D TECHNOLOGIES INC DE 1.02 04/05/05 C-BASS MORTGAGE LOAN ASSET-BACKED CER DE 8.01,9.01 03/25/04 CADENCE DESIGN SYSTEMS INC DE 8.01,9.01 04/07/05 CALIFORNIA WATER SERVICE GROUP DE 1.01,8.01 04/07/05 CALLAWAY GOLF CO /CA DE 2.02,9.01 04/06/05 CAN CAL RESOURCES LTD NV 1.01,3.02 03/31/05 CANO PETROLEUM, INC 5.02 04/06/05 Capital One Auto Receivables LLC DE 8.01,9.01 04/07/05 CARDIODYNAMICS INTERNATIONAL CORP CA 2.02,9.01 04/06/05 CASUAL MALE RETAIL GROUP INC DE 7.01,9.01 04/07/05 CATALYST SEMICONDUCTOR INC DE 1.01 04/01/05 CATUITY INC DE 3.01 04/07/05 CBRL GROUP INC TN 1.01,7.01,9.01 04/05/05 CCH II LLC 1.01,5.02,9.01 03/31/05 CCO HOLDINGS LLC 1.01,5.02,9.01 03/31/05 Celanese CORP DE 1.01,8.01,9.01 04/01/05 CENDANT CORP DE 2.02,9.01 04/06/05 CENTENNIAL COMMUNICATIONS CORP /DE DE 2.02,9.01 04/07/05 CENTRA SOFTWARE INC DE 1.01,5.02,9.01 04/01/05 CENTURY CASINOS INC /CO/ DE 9.01 04/01/05 CHARTER COMMUNICATIONS HOLDINGS LLC DE 1.01,5.02,9.01 03/31/05 CHELL GROUP CORP NY 4.01,9.01 11/05/04 AMEND CHEMED CORP DE 1.01,9.01 04/01/05 CHENIERE ENERGY INC DE 8.01 04/07/05 CHEVRONTEXACO CORP DE 1.01,9.01 04/04/05 CHINA BAK BATTERY INC NV 9.01 08/23/04 AMEND CHINA EXPERT TECHNOLOGY INC NV 2.02,9.01 04/06/05 CHINA GRANITE CORP NV 5.02,9.01 01/19/05 CIMBIX CORP WA 2.01,8.01,9.01 03/31/05 CITIBANK OMNI-S MASTER TRUST 8.01,9.01 03/31/05 CITIZENS COMMUNICATIONS CO DE 5.02 04/07/05 CITY NATIONAL CORP DE 5.02 04/01/05 CKX, Inc. DE 4.01,9.01 04/06/05 CLAIRES STORES INC DE 2.02,9.01 04/07/05 CLAYTON WILLIAMS ENERGY INC /DE DE 2.06,7.01,9.01 04/07/05 CLEAN HARBORS INC MA 5.03,9.01 04/04/05 CLEARANT INC 4.01,9.01 03/31/05 AMEND CLEVELAND CLIFFS INC OH 8.01 04/07/05 CLICKSOFTWARE TECHNOLOGIES LTD L3 2.02,9.01 04/07/05 COCA COLA CO DE 1.01,1.02,8.01 04/06/05 COLLAGENEX PHARMACEUTICALS INC DE 1.01 04/01/05 College Oak Investments, Inc. NV 1.01,2.01,2.03,5.01,5.02,9.01 04/06/05 COLONIAL PROPERTIES TRUST AL 1.01,2.01,2.03,5.02,5.03,9.01 04/01/05 COLONIAL REALTY LIMITED PARTNERSHIP DE 1.01,2.01,2.03,5.02,5.03,8.01 04/01/05 COMMERCE DEVELOPMENT CORP LTD 4.01,9.01 04/04/05 COMPREHENSIVE CARE CORP DE 2.02,9.01 04/07/05 COMPUDYNE CORP NV 5.02,9.01 04/06/05 COMTECH TELECOMMUNICATIONS CORP /DE/ DE 8.01,9.01 04/04/05 CONCORD COMMUNICATIONS INC MA 1.01,2.02,9.01 04/07/05 CONNETICS CORP DE 1.01 12/15/04 CONSOL ENERGY INC 1.01,2.03,9.01 04/01/05 CONSTELLATION BRANDS, INC. DE 2.02,7.01,9.01 04/07/05 COOPER TIRE & RUBBER CO DE 2.02,7.01,9.01 04/07/05 CORDIA CORP NV 1.01 04/06/05 AMEND COST PLUS INC/CA/ CA 1.01 04/01/05 COST U LESS INC WA 2.02,9.01 04/06/05 COTELLIGENT INC DE 1.01,8.01,9.01 03/29/05 COTHERIX INC 1.01 04/07/05 CRDENTIA CORP DE 1.02 04/04/05 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE 8.01,9.01 04/07/05 Crown Financial Holdings, Inc. NJ 5.02,9.01 04/01/05 CSX CORP VA 1.01,9.01 04/04/05 CUBIC CORP /DE/ DE 1.01,9.01 04/06/05 CURIS INC DE 1.01 04/01/05 CURON MEDICAL INC DE 2.02,9.01 04/01/05 CWMBS INC DE 8.01,9.01 03/30/05 DANIELSON HOLDING CORP DE 8.01,9.01 04/05/05 DANKA BUSINESS SYSTEMS PLC 5.02,9.01 04/06/05 DAYBREAK MINES INC WA 8.01 04/06/05 DELCATH SYSTEMS INC DE 1.01,9.01 04/05/05 DIGITAL LIFESTYLES GROUP INC DE 1.01,2.03,3.02,8.01 04/01/05 DILLARDS INC DE 7.01,9.01 04/06/05 DIRECTVIEW INC NV 1.01 04/01/05 DOLLAR GENERAL CORP TN 7.01,9.01 04/07/05 DOLLAR GENERAL CORP TN 7.01,9.01 04/07/05 DRS TECHNOLOGIES INC DE 8.01,9.01 04/05/05 DUNE ENERGY INC DE 5.02,9.01 04/04/05 E CENTIVES INC DE 3.02,9.01 03/31/05 ECC Capital CORP 2.02,9.01 04/01/05 ECLIPSYS CORP DE 1.01,9.01 04/01/05 EGL INC TX 7.01 04/04/05 EGPI FIRECREEK, INC. NV 3.02,7.01,8.01,9.01 04/05/05 EMPIRE FINANCIAL HOLDING CO FL 2.02,9.01 04/06/05 ENERGY PARTNERS LTD DE 2.01,9.01 01/20/05 AMEND ENTERASYS NETWORKS INC /DE/ DE 8.01 04/07/05 ENTERASYS NETWORKS INC /DE/ DE 2.02,9.01 04/07/05 ERGO SCIENCE CORP /DE/ DE 2.01,7.01,9.01 04/01/05 ESCALON MEDICAL CORP DE 1.02 04/01/05 EYETECH PHARMACEUTICALS INC DE 1.01,5.02,7.01,9.01 04/07/05 FAIRPOINT COMMUNICATIONS INC DE 7.01,9.01 04/07/05 FedFirst Financial CORP X1 1.01 04/06/05 FENTURA FINANCIAL INC MI 7.01,9.01 04/05/05 FIRST NATIONAL BANCSHARES INC/ FL/ FL 2.02,9.01 04/07/05 AMEND FLIGHT SAFETY TECHNOLOGIES INC NV 7.01 03/31/05 FLORIDA COMMUNITY BANKS INC FL 2.02,9.01 04/07/05 FOOTSTAR INC DE 1.01 04/01/05 FOREST CITY ENTERPRISES INC OH 2.02,9.01 04/06/05 FPIC INSURANCE GROUP INC FL 1.01 04/01/05 GAP INC DE 7.01,9.01 04/07/05 GARTNER INC DE 2.03 04/01/05 GENELABS TECHNOLOGIES INC /CA CA 8.01,9.01 04/06/05 GENERAL MARITIME CORP/ 1.01,9.01 04/05/05 GENESIS ENERGY LP DE 1.01,2.01,9.01 04/01/05 GERMAN AMERICAN BANCORP IN 1.01 04/02/05 GIBRALTAR INDUSTRIES, INC. DE 1.01,1.02 04/01/05 GOLDEN ENTERPRISES INC DE 2.02,9.01 04/07/05 GOLDEN OVAL EGGS LLC 7.01,9.01 04/07/05 GOLDMAN SACHS HEDGE FUND PARTNERS LLC DE 7.01 04/07/05 GOLDMAN SACHS HEDGE FUND PARTNERS LLC DE 3.02 04/07/05 GREAT PLAINS ETHANOL LLC SD 1.01,1.02 04/04/05 GREENFIELD ONLINE INC DE 1.01,1.02,2.01,3.02,9.01 04/05/05 GREENWICH CAPITAL ACCEPTANCE INC DE 8.01 04/07/05 Greenwich Capital Acceptance, Inc New DE 8.01,9.01 03/25/05 GREENWORKS CORP DE 1.01,2.01,2.03,5.02 04/01/05 GS MORTGAGE SECURITIES CORP DE 8.01,9.01 04/07/05 GUITAR CENTER INC DE 7.01 04/06/05 GULFWEST ENERGY INC TX 1.01,5.02,8.01,9.01 04/01/05 HAIN CELESTIAL GROUP INC DE 7.01 04/06/05 HARRAHS ENTERTAINMENT INC DE 2.02,9.01 04/07/05 HARTFORD LIFE INSURANCE CO CT 9.01 04/07/05 HILFIGER TOMMY CORP 1.01,9.01 04/01/05 HOLLYWOOD ENTERTAINMENT CORP OR 8.01 04/05/05 HOMESTORE INC DE 5.03,9.01 04/04/05 HOUSE OF BRUSSELS CHOCOLATES INC NV 5.02,9.01 04/01/05 HUDSON CITY BANCORP INC DE 8.01,9.01 04/05/05 STATE HUNTINGTON BANCSHARES INC/MD MD 8.01 04/06/05 I2 TECHNOLOGIES INC DE 5.02 04/04/05 ID-CONFIRM, INC. NV 1.01,9.01 04/01/05 IMAGE SOFTWARE INC CO 1.01,3.02,5.01,9.01 03/31/05 IMPAX LABORATORIES INC DE 3.01,9.01 04/05/05 IMPCO TECHNOLOGIES INC DE 2.02,9.01 04/01/05 IMPLANT SCIENCES CORP MA 1.01,9.01 03/23/05 AMEND INCODE TECHNOLOGIES CORP. NV 1.01,5.01,5.03 04/01/05 INDEPENDENT BANK CORP /MI/ MI 4.01,9.01 03/29/05 AMEND INFODATA SYSTEMS INC VA 2.02,9.01 04/05/05 INGRAM MICRO INC DE 1.01,5.03,8.01,9.01 04/07/05 INSITUFORM TECHNOLOGIES INC DE 1.01,9.01 04/05/05 INTERLEUKIN GENETICS INC DE 2.02,9.01 04/01/05 INTERNATIONAL BANCSHARES CORP TX 1.01 04/01/05 INTERNATIONAL FUEL TECHNOLOGY INC NV 1.01,5.02,9.01 04/07/05 INTERNATIONAL RECTIFIER CORP /DE/ DE 1.01 04/01/05 INTERNATIONAL SMART SOURCING INC DE 3.03 03/16/05 AMEND INTERNATIONAL SPEEDWAY CORP FL 5.02,8.01 04/06/05 INVACARE CORP OH 1.01,2.03,9.01 04/04/05 ISTAR FINANCIAL INC MD 8.01,9.01 04/07/05 JO-ANN STORES INC OH 7.01 04/07/05 JOHNSON OUTDOORS INC WI 8.01 04/07/05 K TEL INTERNATIONAL INC MN 5.02 04/01/05 KAISER ALUMINUM & CHEMICAL CORP DE 2.01,9.01 04/01/05 KAISER ALUMINUM CORP DE 2.01,9.01 04/01/05 KAISER GROUP HOLDINGS INC DE 8.01,9.01 04/07/05 KANSAS CITY SOUTHERN DE 8.01,9.01 04/01/05 KANSAS CITY SOUTHERN DE 2.01,8.01,9.01 04/01/05 KEY ENERGY SERVICES INC MD 1.01,3.03,9.01 04/05/05 KEYSTONE AUTOMOTIVE OPERATIONS INC PA 1.01,9.01 04/01/05 KIMCO REALTY CORP MD 1.01 03/31/05 KNIGHT TRANSPORTATION INC AZ 5.02 04/01/05 KOHLS CORPORATION WI 7.01,9.01 04/07/05 KRISPY KREME DOUGHNUTS INC NC 9.01 04/01/05 L & L FINANCIAL HOLDINGS INC NV 5.02 04/06/05 LAIDLAW INTERNATIONAL INC DE 2.02,9.01 04/06/05 LBI MEDIA HOLDINGS INC 2.02,9.01 04/01/05 LEAPFROG ENTERPRISES INC 1.01 04/01/05 LENNOX INTERNATIONAL INC DE 8.01,9.01 04/05/05 LIBERATE TECHNOLOGIES DE 2.01,8.01,9.01 04/06/05 LONGS DRUG STORES CORP MD 7.01,9.01 04/07/05 LSI LOGIC CORP DE 1.01,9.01 04/01/05 LUBYS INC DE 2.03,9.01 04/01/05 MACK CALI REALTY CORP MD 1.01,7.01,9.01 04/05/05 MACK CALI REALTY L P DE 1.01,7.01,9.01 04/05/05 MANDALAY RESORT GROUP NV 2.04,9.01 04/04/05 MANHATTAN PHARMACEUTICALS INC DE 1.01,2.01,3.02,5.02,9.01 04/01/05 MARATHON OIL CORP DE 2.02,7.01,9.01 04/05/05 MARKWEST ENERGY PARTNERS L P 3.01,9.01 04/05/05 MATRIXX INITIATIVES INC DE 8.01 04/06/05 MAXXAM INC DE 8.01 04/07/05 MED GEN INC NV 8.01 03/31/04 MEDIABAY INC FL 1.01,5.02,9.01 04/01/05 MEDITECH PHARMACEUTICALS INC NV 9.01 04/07/05 MERCANTILE BANK CORP MI 2.02,9.01 04/07/05 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 04/01/05 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 04/01/05 METROPOLITAN HEALTH NETWORKS INC FL 8.01,9.01 04/07/05 MICRO THERAPEUTICS INC DE 1.01,9.01 04/04/05 MIDDLEBY CORP DE 8.01 04/06/05 MIDLAND CO OH 2.02 04/07/05 MISSION BROADCASTING INC DE 1.01,2.03,9.01 04/01/05 MODTECH HOLDINGS INC CA 3.01,9.01 04/05/05 MOTHERS WORK INC DE 2.02,9.01 04/07/05 MULTIBAND CORP MN 1.01,7.01 04/01/05 NAAC Alternative Loan Trust, Series 2 DE 8.01,9.01 03/25/05 NASHUA CORP MA 2.05,9.01 04/01/05 NATCO GROUP INC DE 5.02,9.01 04/06/05 NATIONAL HEALTHCARE CORP DE 5.02 04/07/05 NATIONWIDE HEALTH PROPERTIES INC MD 1.01,5.02,7.01,9.01 04/05/05 NEIMAN MARCUS GROUP INC DE 2.02,7.01 04/07/05 NEOWARE SYSTEMS INC DE 8.01,9.01 04/01/05 NETGURU INC DE 2.02,4.02,9.01 04/01/05 NEW HORIZONS WORLDWIDE INC DE 3.01,9.01 04/05/05 NEW MORNING CORP 5.02,9.01 04/07/05 New York & Company, Inc. 2.02,7.01,9.01 04/07/05 NEW YORK REGIONAL RAIL CORP DE 5.02 04/07/05 NEXTMEDIA OPERATING INC 5.02,9.01 04/01/05 NOMURA ASSET ACCEPTANCE CORP DE 8.01,9.01 04/06/05 NORDSTROM INC WA 7.01 04/07/05 NOVELLUS SYSTEMS INC CA 8.01,9.01 04/04/05 NU SKIN ENTERPRISES INC DE 2.02,9.01 04/05/05 NUTEK OIL INC. NV 1.01,2.01,3.02,9.01 04/07/05 NUVEEN INVESTMENTS INC DE 1.01,1.02,2.03,9.01 04/01/05 OAK HILL FINANCIAL INC OH 2.02,9.01 04/01/05 OccuLogix, Inc. DE 1.02 03/28/05 OMTOOL LTD DE 4.01,9.01 04/01/05 OPEN SOLUTIONS INC DE 1.01,9.01 04/01/05 OVERSEAS SHIPHOLDING GROUP INC DE 9.01 01/20/05 AMEND PACKAGING DYNAMICS CORP DE 1.01,1.02,5.02,9.01 03/31/05 PAXAR CORP NY 5.02,9.01 04/06/05 PAYCHEX INC DE 1.01 04/01/05 PAYLESS SHOESOURCE INC /DE/ DE 7.01,9.01 04/07/05 PENN TREATY AMERICAN CORP PA 2.02,9.01 04/01/05 PEOPLES BANCTRUST CO INC AL 1.01,3.02,7.01,9.01 04/06/05 PETROLEUM DEVELOPMENT CORP NV 8.01 04/05/05 PETROQUEST ENERGY INC DE 7.01,9.01 04/07/05 PFIZER INC DE 8.01,9.01 04/07/05 PHLO CORP DE 4.01 03/29/05 PICO HOLDINGS INC /NEW CA 1.01 04/04/05 PivX Solutions, Inc. NV 1.01,1.02,3.02,4.01,5.01,5.02 04/03/05 PLACER SIERRA BANCSHARES CA 1.02,8.01,9.01 03/31/05 PLIANT CORP UT 8.01 04/04/05 PREFERREDPLUS TRUST SERIES MSD-1 DE 8.01,9.01 04/01/05 PRESIDENTIAL REALTY CORP/DE/ DE 8.01 04/07/05 PRIDE INTERNATIONAL INC DE 1.01 04/01/05 PRIME COMPANIES INC DE 8.01 04/01/05 PROTEIN POLYMER TECHNOLOGIES INC DE 1.01,3.02,8.01,9.01 04/01/05 PUBLIC CO MANAGEMENT CORP NV 8.01,9.01 04/06/05 QUANTUM CORP /DE/ DE 1.01 04/07/05 QUEST GROUP INTERNATIONAL INC NV 9.01 04/06/05 QUINTEK TECHNOLOGIES INC 5.02 04/01/05 RADIATION THERAPY SERVICES INC FL 1.01,7.01,9.01 04/06/05 RADIO ONE INC DE 2.02,9.01 03/16/05 RAINMAKER SYSTEMS INC CA 1.01,9.01 04/01/05 RALI Series 2005-QA1 Trust DE 8.01,9.01 04/06/05 RALI Series 2005-QA2 Trust DE 8.01,9.01 04/06/05 RALI Series 2005-QR1 Trust DE 8.01,9.01 04/06/05 RALI Series 2005-QS1 Trust DE 8.01,9.01 04/06/05 Rali Series 2005-QS2 Trust DE 8.01,9.01 04/06/05 RAMP Series 2005-RS1 Trust 8.01,9.01 04/06/05 RAMP Series 2005-RS2 Trust DE 8.01,9.01 04/06/05 RAMTRON INTERNATIONAL CORP DE 1.01,1.02,2.03,9.01 04/01/05 RASC Series 2005-EMX1 Trust DE 8.01,9.01 04/06/05 RASC Series 2005-KS1 Trust DE 8.01,9.01 04/06/05 RASC Series 2005-KS2 Trust DE 8.01,9.01 04/06/05 RASER TECHNOLOGIES INC UT 1.01,2.03,3.02,3.03,9.01 04/04/05 RAYOVAC CORP WI 1.01,9.01 04/01/05 REGIS CORP MN 2.02,9.01 04/07/05 REGISTER COM INC DE 3.01,9.01 04/05/05 RENAISSANCE MEDIA GROUP LLC DE 1.01,5.02,9.01 03/31/05 RENTRAK CORP OR 1.01 04/01/05 REPUBLIC FIRST BANCORP INC PA 1.01,2.01,9.01 01/31/05 RFMSI Series 2005-S1 Trust DE 8.01,9.01 04/06/05 RFMSI Series 2005-SA1 Trust DE 8.01,9.01 04/06/05 RFMSII 2005-HI1 DE 8.01,9.01 04/06/05 RITA MEDICAL SYSTEMS INC DE 8.01 04/06/05 RITE AID CORP DE 2.02,9.01 04/07/05 ROADHOUSE GRILL INC FL 1.01,9.01 03/29/05 ROSS STORES INC DE 1.01 04/01/05 ROTECH HEALTHCARE INC DE 7.01,9.01 04/07/05 ROWAN COMPANIES INC DE 8.01,9.01 04/07/05 ROYSTER-CLARK INC DE 2.02,9.01 04/07/05 RPM INTERNATIONAL INC/DE/ DE 2.02,9.01 04/07/05 SABINE ROYALTY TRUST TX 2.02,9.01 04/05/05 SABR TRUST 2005-OP1 8.01,9.01 03/24/05 SAKS INC TN 8.01,9.01 04/07/05 SAVVIS COMMUNICATIONS CORP DE 1.01 04/01/05 SCANSOURCE INC SC 2.02,9.01 04/07/05 SCHEIB EARL INC DE 3.01,7.01,9.01 04/06/05 SCOTIA PACIFIC CO LLC DE 8.01 04/07/05 SEALIFE CORP DE 8.01,9.01 04/06/05 SECURED DATA INC /NV/ NV 4.01,9.01 03/14/05 AMEND SENETEK PLC /ENG/ 8.01,9.01 04/06/05 SENETEK PLC /ENG/ 8.01,9.01 04/07/05 SHARPER IMAGE CORP DE 1.01 04/04/05 SHOE PAVILION INC DE 2.02,9.01 04/07/05 SILICON GRAPHICS INC DE 2.02,9.01 04/07/05 SINO SILVER CORP. NV 2.01,9.01 04/01/05 SIPEX CORP MA 3.01,9.01 04/05/05 SKYTERRA COMMUNICATIONS INC DE 1.01,9.01 04/07/05 SLADES FERRY BANCORP MA 5.02 04/05/05 SNAP ON INC DE 1.01 04/01/05 SNOCONE SYSTEMS INC 2.01,3.02,9.01 04/01/05 SOLOMON TECHNOLOGIES INC DE 1.01,2.03 04/01/05 SONEX RESEARCH INC MD 8.01 04/07/05 ST JUDE MEDICAL INC MN 8.01,9.01 04/06/05 STARBUCKS CORP WA 1.01,5.02,9.01 03/30/05 AMEND STELLAR TECHNOLOGIES, INC. CO 1.01,2.03,3.02,9.01 04/01/05 STOCKERYALE INC MA 2.02,9.01 04/06/05 STRATEGIC HOTEL CAPITAL INC 1.01,9.01 04/01/05 STRATOS INTERNATIONAL INC DE 8.01,9.01 04/05/05 STREICHER MOBILE FUELING INC FL 5.02,9.01 04/04/05 SUPERIOR ESSEX INC DE 1.01,9.01 04/01/05 SUTTER HOLDING CO INC DE 2.01,9.01 01/26/05 AMEND Systems Management Solutions Inc NV 2.01 04/07/05 TARGET CORP MN 8.01,9.01 04/07/05 TEAM HEALTH INC TN 1.01,2.03,9.01 04/06/05 TEAM INC TX 8.01,9.01 04/04/05 TECHNOLOGY FLAVORS & FRAGRANCES INC DE 1.01 04/07/05 TECHTEAM GLOBAL INC DE 7.01,9.01 04/07/05 TEKELEC CA 1.02 04/01/05 TELEWEST GLOBAL INC 1.01,9.01 04/01/05 THAXTON GROUP INC SC 8.01,9.01 03/30/05 TJX COMPANIES INC /DE/ DE 1.01,9.01 04/05/05 TOPPS CO INC DE 8.01 04/06/05 TORCH OFFSHORE INC DE 1.01,2.03 04/07/05 TORO CO DE 1.01,9.01 04/05/05 TOWER AUTOMOTIVE INC DE 1.01,9.01 04/01/05 TOYS R US INC DE 8.01,9.01 04/06/05 TRAFFIX INC DE 2.01,9.01 01/21/05 AMEND TRANSCEND SERVICES INC DE 1.01,5.02 04/06/05 TRIMAX CORP NV 3.02 03/21/05 TRINITY LEARNING CORP UT 1.01,2.01,3.02,9.01 04/01/05 TUESDAY MORNING CORP/DE DE 2.02,9.01 04/07/05 U S ENERGY SYSTEMS INC DE 4.01 04/04/05 UGI CORP /PA/ PA 1.01,5.02,9.01 04/01/05 ULTRALIFE BATTERIES INC DE 7.01,9.01 04/07/05 UNITED AMERICA INDEMNITY, LTD E9 9.01 01/24/05 AMEND UNITED DOMINION REALTY TRUST INC MD 7.01,9.01 04/07/05 UNOCAL CORP DE 1.01,3.03,9.01 04/04/05 UNOVA INC DE 2.01,8.01,9.01 04/03/05 US CONCRETE INC DE 1.01,3.01,9.01 04/01/05 USEC INC DE 8.01,9.01 04/06/05 UTAH MEDICAL PRODUCTS INC UT 8.01 04/07/05 UTi WORLDWIDE INC 2.02,8.01,9.01 04/07/05 UTSTARCOM INC DE 2.04,3.01,7.01 04/04/05 VALOR COMMUNICATIONS GROUP INC DE 1.01 04/06/05 VECTREN CORP IN 7.01 12/31/04 VENTURES NATIONAL INC UT 1.01,2.03,9.01 04/07/05 VERDISYS INC CA 8.01,9.01 04/07/05 VERMONT PURE HOLDINGS LTD/DE DE 1.01,1.02,2.03 04/01/05 VERTICAL COMPUTER SYSTEMS INC NV 8.01,9.01 04/01/05 VIA NET WORKS INC DE 8.01,9.01 04/01/05 VINEYARD NATIONAL BANCORP CA 2.02,9.01 04/07/05 VISKASE COMPANIES INC DE 2.02,9.01 04/06/05 WAKO LOGISTICS GROUP INC 2.01,9.01 04/01/05 WASHINGTON MUTUAL MORTGAGE SECURITIES DE 9.01 04/05/05 WEBFINANCIAL CORP DE 5.03,9.01 04/05/05 WEBMD CORP /NEW/ DE 7.01 04/06/05 WELLCARE HEALTH PLANS, INC. DE 1.01,8.01,9.01 04/01/05 WELLS REAL ESTATE INVESTMENT TRUST II MD 1.01,2.03,7.01,9.01 04/04/05 WEST MARINE INC DE 2.02,9.01 04/06/05 WEYCO GROUP INC WI 5.02 04/06/05 WEYERHAEUSER CO WA 7.01 04/05/05 WILLAMETTE VALLEY VINEYARDS INC OR 2.02 12/31/04 WORKSTREAM INC 1.01,5.02,9.01 04/04/05 Wornick CO DE 7.01 04/07/05 WQN, Inc. 2.02,9.01 04/07/05 WRIGHT MEDICAL GROUP INC DE 1.01,9.01 04/01/05 WRIGLEY WM JR CO DE 8.01 04/07/05 WSFS FINANCIAL CORP DE 2.03,9.01 04/05/05 XTO ENERGY INC DE 8.01,9.01 04/01/05 XTO ENERGY INC DE 8.01,9.01 04/07/05 YAK COMMUNICATIONS INC FL 4.01,9.01 04/06/05 AMEND