SEC NEWS DIGEST Issue 2003-112 June 12, 2003 COMMISSION ANNOUNCEMENTS SEC ISSUES RULE AMENDMENTS TO IMPROVE TIMELINESS OF ADMINISTRATIVE PROCEEDINGS AND APPEALS On June 9, the Commission adopted amendments to its Rules of Practice to formalize new policies designed to improve the timeliness of administrative proceedings and appeals. The amendments will become effective 30 days after publication in the Federal Register. The amendments require administrative law judges to complete the hearing and issue an initial decision within a time period specified by the Commission for each case. The amendments also establish a policy of disfavoring requests that would delay a proceeding once instituted and create some time limits on the negotiation and submission of offers of settlement to the Commission. Additionally, the amendments would reduce the current Rules of Practice guideline for issuance of Commission opinions in appeals. The full text of the release is posted on the SEC Web site at www.sec.gov. (Press Rel. 2003-71) ENFORCEMENT PROCEEDINGS SEC CHARGES FORMER NETWORK ASSOCIATES, INC. VICE PRESIDENT AND CORPORATE CONTROLLER WITH FINANCIAL FRAUD On June 11, the Commission filed civil fraud charges against Terry W. Davis, the former Vice President and Corporate Controller at Santa Clara, California-based software manufacturer Network Associates, Inc. The Commission's complaint alleges that from the second quarter of fiscal 1998 through the fourth quarter of fiscal 2000, Davis engaged in a scheme to overstate Network Associates' revenue and earnings, and thereby inflate the company's stock price. According to the complaint, Davis and other Network Associates employees actively participated in a multi-part scheme to artificially inflate the revenue generated from the sale of the company's products to distributors. The scheme included * paying distributors so that they would hold excess inventory and buy more products; * giving deep discounts to distributors on amounts owed through side agreements to contracts; * fraudulently manipulating reserve accounts to, among other things, cover payments and discounts provided to distributors; * improperly recognizing revenue when selling to distributors on consignment in violation of GAAP and Network Associates' stated revenue recognition practices; and * using a wholly-owned subsidiary to buy products previously sold to distributors to reduce distributor inventory levels and product returns. The complaint further alleges that Davis took action to conceal the fraud. For example, in many instances, the payments and discounts to distributors were recorded improperly in Network Associates' books and records. According to the complaint, Davis, encouraged by at least one other senior employee at Network Associates, made a series of fraudulent entries in Network Associates' general ledger to decrease a tax-related reserve in order to disguise the distributor payments and discounts and to increase inadequate sales reserves. The complaint alleges that while Davis was aware of the financial fraud at Network Associates, he sold Network Associates stock for proceeds of approximately $1.4 million. The Commission seeks to permanently enjoin Davis from violating certain of the antifraud provisions of the federal securities laws (Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10b-5) and from violating, or aiding and abetting violations of, certain reporting, books and records, internal controls, and representations to accountants provisions (Exchange Act Sections 13(a), 13(b)(5), 13b2-1, 13(b)(2)(A) and 13(b)(2)(B), and Exchange Act Rules 12b-20, 13a-1, 13a-13 and 13b2-2). The complaint also seeks an accounting, disgorgement of ill-gotten gains, prejudgment interest, civil money penalties, and an order prohibiting Davis from acting as an officer or a director of any reporting company. The United States Attorney for the Northern District of California today announced criminal charges against Davis arising from the same conduct charged in the Commission's complaint. The Commission's investigation into these matters is continuing. The Commission thanks the United States Attorney's Office for the Northern District of California and the Federal Bureau of Investigation for their cooperation in this matter. [SEC v. Terry W. Davis, Civil Action No. C 03-2729, WDB, N.D. Cal., June 11, 2003] (LR-18189; AAER-1801) SEC SUES FORMER DYNEGY EMPLOYEES FOR FRAUD On June 12, the Commission filed securities fraud charges against three former employees of Dynegy Inc. in connection with their roles in Dynegy's Project Alpha, a $300 million financing transaction that disguised the company's true financial condition. In a civil suit filed in the U.S. District Court in Houston, the Commission is seeking fines and disgorgement of all of the defendants' ill-gotten gains, including bonuses and trading profits received during the period of their misconduct. The Commission alleges that the three defendants disregarded accounting advice from Dynegy's outside auditors, established secret side agreements to conceal their improper conduct, authorized the improper elimination of risk by equity investors in a special-purpose entity and concealed transaction details from the company, the company's auditors and the investing public. Project Alpha was previously the subject of a settled cease-and-desist order issued by the Commission on Sept. 24, 2002. In its order, the Commission found that Dynegy violated the antifraud, reporting, books and records and internal controls provisions of the federal securities laws by improperly recording Alpha's impact on Dynegy's financial statements as $300 million in operating cash flow and $79 million in net income (from a presumed tax benefit), when instead, the $300 million was actually a loan and the tax benefit was invalid. In settling the Commission's action, Dynegy paid a $3 million civil penalty. "The investing public has a right to expect accuracy and honesty in corporate transactions. These individuals were in a position to insure both and they failed to do so," said Harold F. Degenhardt, District Administrator of the Commission's Fort Worth Office. "The actions taken today by both the Commission and the Department of Justice are but another step in the process of restoring investor confidence--those who betray the public trust will be pursued and punished. Investors deserve this commitment and the markets require it." Degenhardt added, "The Commission's investigation into the role that others may have played in this matter is continuing and further action is likely." The individuals named in the Commission's suit are: Gene S. Foster, age 44, of Houston, Texas. Foster, a Texas- licensed CPA, was Dynegy's "Vice President of Taxation" during the relevant period and was responsible for all of Dynegy's tax-related matters, including planning and compliance issues. Jamie Olis, age 37, of Houston, Texas. Olis was Dynegy's "Senior Director, Tax Planning and International" for most of 2000 and 2001. In January 2002, Olis was promoted to "Vice President, Finance." Olis provided technical tax expertise on various Dynegy transactions, including Alpha. Olis is a Texas-licensed CPA and an attorney licensed to practice in the State of Texas. Helen C. Sharkey, age 31, of Houston, Texas. Sharkey was Dynegy's "Manager - Accounting, Deal Structure" during the relevant period. Sharkey, a Texas-licensed CPA, was the sole accounting representative assigned to the Alpha deal team. In its complaint against Foster, Olis and Sharkey, the Commission alleges as follows. * In early 2001, the tax and accounting advisors of Dynegy's outside auditors, Arthur Andersen LLP, worked closely with the defendants to structure Alpha in a manner consistent with guidelines Andersen believed would ensure Alpha's conformity with generally accepted accounting principles (GAAP). * In the spring of 2001, Foster, Olis and Sharkey, under mounting pressure to complete Alpha, disregarded Andersen's advice that certain forms of risk-hedging involving derivative instruments such as commodity price swaps and interest rate swaps would defeat Dynegy's goal of accounting for Alpha as an ordinary operating contract and require recording it as a financing. * After an Andersen representative objected to certain hedging activities, the defendants effectively excluded the Andersen representative from Alpha-related meetings. * Foster, Olis and Sharkey agreed to conceal the prohibited hedging activities in secret side agreements to the swap confirmations. * The defendants allowed the equity investors in an Alpha SPE to hedge all commodity price risk, also against Andersen's specific advice and in violation of the equity-at-risk requirement. * Foster, Olis and Sharkey concealed these transaction details from Andersen and Dynegy. * Foster, Olis and Sharkey knew, or were severely reckless in not knowing, that their acts and omissions would cause Dynegy to account improperly for Alpha in its financial statements and submit false and misleading reports to the Commission and the investing public. In its complaint, the Commission seeks an order against all the defendants, enjoining them from violations, and from aiding and abetting violations of the antifraud, reporting, books and records and internal controls provisions of the federal securities laws, imposing civil money penalties, and ordering disgorgement of all ill-gotten gains, including bonuses and trading profits received during the period of their misconduct. Foster, Olis and Sharkey are no longer employed by Dynegy. In 2001, Foster received a salary of $170,000 and a bonus of $160,000, while Olis received a salary of $162,000, a bonus of $110,000, a grant of options for 25,000 shares, and further profited from the sale of his personally held Dynegy stock in the approximate amount of $200,000. Sharkey received a salary of $80,000 in 2001. The Commission filed its action at the same time that the U.S. Attorney's Office for the Southern District of Texas unsealed indictments against Foster, Olis and Sharkey for the conduct that is the subject of the Commission's complaint. The Commission acknowledges the assistance and cooperation of the United States Attorney's Office in Houston throughout its investigation. [SEC v. Gene S. Foster, Jamie Olis and Helen C. Sharkey, Civil Action No. H-03-2044, United States District Court for the Southern District of Texas, Houston Division, June 12, 2003] (LR-18188; AAER-1800) INVESTMENT COMPANY ACT RELEASES CLAYMORE SECURITIES, INC., AND CLAYMORE SECURITIES DEFINED PORTFOLIOS An order has been issued on an application filed by Claymore Securities,.Inc. (Sponsor) and Claymore Securities Defined Portfolios (Claymore Trust), under Section 12(d)(1)(J) of the Investment Company Act granting an exemption from Section 12(d)(1)(F)(ii) of the Act; under Sections 6(c) and 17(b) of the Act granting an exemption from Section 17(a); and under Section 6(c) of the Act granting exemptions from Sections 14(a) and 19(b) of the Act and Rule 19b-1 under the Act. The order permits series of certain registered unit investment trusts to (a) offer and sell their units to the public with a sales load that exceeds the 1.5% limit in Section 12(d)(1)(F)(ii) of the Act; (b) invest in affiliated registered investment companies within the limits of Section 12(d)(1)(F) of the Act; and (c) publicly offer their units without requiring the Sponsor to take for its own account or place with others $100,000 worth of units, and distribute capital gains resulting from the sale of portfolio securities within a reasonable time after receipt. (Rel. IC-26071 - June 10) THE MAINSTAY FUNDS, ET AL. An order has been issued on an application filed by The Mainstay Funds, et al., under Section 12(d)(1)(J) of the Investment Company Act granting an exemption from Sections 12(d)(1)(A) and (B) of the Act; under Sections 6(c) and 17(b) of the Act granting an exemption from Section 17(a) of the Act; and under Section 17(d) of the Act and Rule 17d-1 under the Act permitting certain joint transactions. The order permits certain registered management investment companies to invest uninvested cash and cash collateral in affiliated money market funds in excess of the limits in Sections 12(d)(1)(A) and (B) of the Act. (Rel. IC-26072 - June 10) DRESDNER BANK AG, ET AL. A notice has been issued giving interested persons until July 7, 2003, to request a hearing on an application filed by Dresdner Bank AG, et al., for an order exempting applicants from Sections 12(d)(1), 17(a) and 7(e) of the Investment Company Act; and under Section 17(d) of the Act and Rule 17d-1 under the Act to permit certain joint transactions. The order would permit (a) certain registered management investment companies and certain private companies to use cash collateral from securities lending transactions to purchase shares of certain registered open-end management investment companies and private investment companies (Investment Funds); (b) certain registered management investment companies to pay an affiliated lending agent a fee based on a share of the revenue derived from securities lending activities; (c) certain affiliated broker-dealers to engage in principal transactions with, and receive brokerage commissions from, certain registered investment companies that are affiliated with the broker-dealers solely as a result of investing cash collateral in an Investment Fund; and (d) certain registered management investment companies to lend portfolio securities to affiliated broker-dealers. (Rel. IC-26073 - June 11) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the Chicago Stock Exchange relating to the execution of limit orders for OTC securities (SR-CHX-2003-05) 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 June 16. (Rel. 34-48014) A proposed rule change (SR-NASD-2003-55) filed by the NASD relating to amendments to Article VIII (District Committees and District Nominating Committees) of the By-Laws of NASD Regulation, Inc. 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 June 16. (Rel. 34-48015) ACCELERATED APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change filed by the Fixed Income Clearing Corporation (SR-FICC-2003-04) under Section 19(b)(2) of the Exchange Act. The proposed rule change allows FICC to shift its GCF Repo service from an interbank service to an intrabank service. Publication of the proposal is expected in the Federal Register during the week of June 16. (Rel. 34-48006) A proposed rule change (SR-PHLX-2002-55) and Amendments No. 1, 2, and 3 thereto filed by the Philadelphia Stock Exchange to initiate a pilot program that will allow the PHLX to list options on selected stocks trading below $20 at one-point intervals have been given accelerated approval under Section 19(b)(2) of the Securities Exchange Act of 1934. Publication of the order is expected in the Federal Register during the week of June 16. (Rel. 34-48013) PROPOSED RULE CHANGES A proposed rule change (SR-Amex-2003-28) filed by the by the American Stock Exchange relating to the elimination of the 10-Second interval at which persons may enter AutoEx eligible orders for exchange-traded funds has been filed under Section 19(b)(1) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of June 16. (Rel. 34-48004) The Government Securities Clearing Corporation filed a proposed rule change (SR-GSCC-2002-11) under Section 19(b)(1) of the Exchange Act that would allow GSCC to reduce the permitted use of letters of credit from seventy percent to twenty-five percent of a member's required clearing fund deposit. Publication of the proposal is expected in the Federal Register during the week of June 16. (Rel. 34-48016) APPROVAL OF PROPOSED RULE CHANGE The Commission has approved a proposed rule change (SR-DTC-2003-07) filed by The Depository Trust Company under Section 19(b) of the Exchange Act. The order allows DTC to establish a transaction look-ahead process. The look-ahead process is designed to reduce blocked transactions by applying the net amount of offsetting receive and deliver transactions in the same security rather than the gross amount of the receive transaction to a participant's net debit cap. Publication of the proposal is expected in the Federal Register during the week of June 9. (Rel. 34-48007) DELISTINGS 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 common stock of Novartis AG- ADR, effective at the opening of business on June 11. (Rel. 34-48011) 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 common stock of Dreyer's Grand Ice Cream Inc., effective at the opening of business on June 11. (Rel. 34-48012) An order has been issued granting the application of the American Stock Exchange to strike from listing and registration the Common Stock, no par value, of Probex Corporation, effective at the opening of business on June 12. (Rel. 34-48017) 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 VIRTRA SYSTEMS INC, 440 NORTH CENTER, ARLINGTON, TX, 76011, 8172650440 - 50,000 ($3,500.00) Equity, (File 333-106001 - Jun. 11) (BR. 05) S-8 BRANDAID MARKETING CORP, 1715 STICKNEY POINT ROAD, SUITE A-12, SARASOTA, FL, 34231, 9419536168 - 2,000,000 ($1,600,000.00) Equity, (File 333-106002 - Jun. 11) (BR. 36) S-8 UNITED ONLINE INC, 2555 TOWNGATE ROAD, WESTLAKE VILLAGE, CA, 91361, 0 ($50,824,689.78) Equity, (File 333-106003 - Jun. 11) (BR. 03) S-8 TELECOM COMMUNICATIONS INC, 827 BROADWAY, LOS ANGELES, CA, 90014, 2,500,000 ($1,000,000.00) Equity, (File 333-106004 - Jun. 11) (BR. 37) S-8 ABLEAUCTIONS COM INC, 1963 LOUGHEED HIGHWAY, COQUITLAM, A1, V3K 3T8, 604-521-3369 - 16,153,631 ($3,553,798.82) Equity, (File 333-106005 - Jun. 11) (BR. 08) S-8 ELDERTRUST, 101 E STATE ST, STE 100, KENNETT SQUARE, PA, 19348, 6109254200 - 250,000 ($2,010,000.00) Equity, (File 333-106006 - Jun. 11) (BR. 08) S-8 JOHNSON & JOHNSON, ONE JOHNSON & JOHNSON PLZ, NEW BRUNSWICK, NJ, 08933, 7325242454 - 0 ($3,061,408,575.96) Equity, (File 333-106007 - Jun. 11) (BR. 01) S-8 NORTHEAST UTILITIES SYSTEM, 174 BRUSH HILL AVE, WEST SPRINGFIELD, MA, 01090-0010, 4137855871 - 500,000 ($8,250,000.00) Equity, (File 333-106008 - Jun. 11) (BR. 02) S-8 TELULAR CORP, 647 N LAKEVIEW PKWAY, 920 DEERFIELD PKWY, VERNON HILLS, IL, 60061, 8474654500 - 800,000 ($3,392,000.00) Equity, (File 333-106009 - Jun. 11) (BR. 37) S-8 CYBERTEL COMMUNICATIONS CORP, 8006455557 - 150,000,000 ($435,000.00) Equity, (File 333-106010 - Jun. 11) (BR. 37) S-4 PUBLIC SERVICE CO OF COLORADO, 1225 17TH ST STE 900, DENVER, CO, 80202, 3035717511 - 0 ($250,000,000.00) Non-Convertible Debt, (File 333-106011 - Jun. 11) (BR. 02) S-8 PRAECIS PHARMACEUTICALS INC, 7817954100 - 0 ($1,243,200.00) Equity, (File 333-106012 - Jun. 11) (BR. 01) S-8 ICOS VISION SYSTEMS CORP N V, RESEARCH PARK HAASRODE ZONE 1, ESPERANTOLAAN 9, 3001 HEVERLEE, C9, 00000, 0 ($1,886,357.00) Equity, (File 333-106013 - Jun. 11) (BR. 36) S-8 FIRST TENNESSEE NATIONAL CORP, 165 MADISON AVE, MEMPHIS, TN, 38103, 9015234638 - 0 ($30,000,000.00) Other, (File 333-106015 - Jun. 11) (BR. 07) S-8 EVANS BOB FARMS INC, 3776 S HIGH ST, COLUMBUS, OH, 43207, 6144421866 - 600,000 ($16,278,000.00) Equity, (File 333-106016 - Jun. 11) (BR. 05) S-3 HUFFY CORP, 225 BYERS RD, MIAMISBURG, OH, 45342, 9378666251 - 1,100,000 ($7,744,000.00) Equity, (File 333-106018 - Jun. 11) (BR. 05) S-1 PATRIOT SCIENTIFIC CORP, 10989 VIA FRONTERA, SAN DIEGO, CA, 92127, 8586745000 - 21,093,816 ($1,265,629.00) Equity, (File 333-106019 - Jun. 11) (BR. 37) S-8 SIRIUS SATELLITE RADIO INC, 1221 AVENUE OF THE AMERICAS, 36TH FLOOR, NEW YORK, NY, 10020, 2128995000 - 750,000 ($1,560,000.00) Equity, (File 333-106020 - Jun. 11) (BR. 37) S-8 SS&C TECHNOLOGIES INC, 80 LAMBERTON RD, CORPORATE PLACE, WINDSOR, CT, 06095, 8602427887 - 0 ($2,980,000.00) Equity, (File 333-106021 - Jun. 11) (BR. 03) S-8 TIDELANDS OIL & GAS CORP/WA, P E BOX 270234, CORPUS CHRISTI, TX, 78247, 5098918373 - 5,000,000 ($1,165,000.00) Debt Convertible into Equity, (File 333-106022 - Jun. 11) (BR. 09) S-8 SS&C TECHNOLOGIES INC, 80 LAMBERTON RD, CORPORATE PLACE, WINDSOR, CT, 06095, 8602427887 - 0 ($14,900,000.00) Equity, (File 333-106023 - Jun. 11) (BR. 03) S-11 GLADSTONE COMMERCIAL CORP, 1750 TYSON'S BLVD., MCLEAN, VA, 22102, 0 ($78,000,000.00) Equity, (File 333-106024 - Jun. 11) (BR. ) S-3 AVITAR INC /DE/, 65 DAN ROAD, SUITE 202, CANTON, MA, 02021, 7818212440 - 19,189,967 ($4,605,582.00) Equity, (File 333-106025 - Jun. 11) (BR. 01) S-8 TRANSOCEAN INC, 4 GREENWAY PLAZA, HOUSTON, TX, 77046, 7132327500 - 1,000,000 ($23,630,000.00) Equity, (File 333-106026 - Jun. 11) (BR. 04) S-8 DTOMI INC, 200 9TH AVENUE, SUITE 220, SAFETY HARBOR, FL, 34965, (727) 723-8664 - 3,762,334 ($752,466.80) Equity, (File 333-106032 - Jun. 11) (BR. 08) S-2 CAMBRIDGE HEART INC, ONE OAK PARK DR, BEDFORD, MA, 01730, 7812711200 - 0 ($14,392,087.00) Equity, (File 333-106033 - Jun. 11) (BR. 36) S-4 RADIAN GROUP INC, 1601 MARKET STREET, 12TH FLOOR, PHILADELPHIA, PA, 19103, 2155646600 - 0 ($250,000,000.00) Non-Convertible Debt, (File 333-106034 - Jun. 11) (BR. 01) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 6173954100 - 0 ($1,365,000.00) Equity, (File 333-106035 - Jun. 11) (BR. 01) S-8 IPC ACQUISITION CORP, 88 PINE ST., NEW YORK, NY, 10005, 2128259060 - 250,000 ($2,500,000.00) Equity, (File 333-106036 - Jun. 11) (BR. 37) S-3 WESTCORP /CA/, 23 PASTEUR RD, IRVINE, CA, 92618-3804, 7147271000 - 0 ($144,697,800.00) Equity, (File 333-106037 - Jun. 11) (BR. 07) S-3 ELIZABETH ARDEN INC, 14100 NW 60TH AVE, MIAMI LAKES, FL, 33014, 305-818-8000 - 1 ($1.00) Equity, (File 333-106038 - Jun. 11) (BR. 02) 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 ABM INDUSTRIES INC /DE/ DE X X X 06/10/03 ADVANCED SWITCHING COMMUNICATIONS INC DE X X 06/10/03 AEI INCOME & GROWTH FUND XXI LTD PART MN X 05/28/03 ALARIS MEDICAL INC DE X 06/11/03 ALLEGHENY ENERGY INC MD X X 06/10/03 ALLEGHENY ENERGY INC MD X X 06/09/03 ALLEN TELECOM INC DE X X 06/11/03 ALPHA TECHNOLOGIES GROUP INC DE X X 06/10/03 AMERICAN COLOR GRAPHICS INC NY X X 06/11/03 AMERICAN WOODMARK CORP VA X X 06/10/03 AMERIQUEST MORT SEC INC ASSET BACK PA DE X X X 06/11/03 AMG OIL LTD NV X 06/10/03 AMR CORP DE X 06/11/03 ANTIGENICS INC /DE/ DE X X 06/10/03 AVATAR HOLDINGS INC DE X X 06/11/03 AVITAR INC /DE/ DE X 06/11/03 AZONIC CORP NV X X X 06/10/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 06/11/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 06/11/03 BELDEN & BLAKE CORP /OH/ OH X X 05/30/03 BGF INDUSTRIES INC DE X X 06/06/03 BOWLIN TRAVEL CENTERS INC NV X 06/11/03 BRT REALTY TRUST MA X X 06/06/03 CALIPER TECHNOLOGIES CORP DE X 06/09/03 CANTERBURY CONSULTING GROUP INC PA X 06/03/03 CAPITAL AUTO RECEIVABLES INC DE X X 06/11/03 CAPITAL ONE MASTER TRUST NY X X 06/10/03 CAPITAL ONE MULTI ASSET EXECUTION TRU DE X X 06/10/03 CAPITAL ONE MULTI ASSET EXECUTION TRU DE X X 05/28/03 CAPITAL ONE PRIME AUTO RECEIVABLES TR DE X X 06/11/03 CENTERPOINT ENERGY INC X X 06/02/03 CENTRAL EUROPEAN DISTRIBUTION CORP DE X X 06/11/03 CHENIERE ENERGY INC DE X 06/11/03 CHIQUITA BRANDS INTERNATIONAL INC NJ X X 05/27/03 CIPHERGEN BIOSYSTEMS INC DE X X 05/28/03 CITIFINANCIAL MORTGAGE SECURITIES INC DE X 06/10/03 CLAYTON HOMES INC DE X X 06/11/03 COLE NATIONAL CORP /DE/ DE X X 06/05/03 COLE NATIONAL CORP /DE/ DE X X 06/05/03 COLE NATIONAL CORP /DE/ DE X X 06/05/03 COLUMBIA BANCORP \OR\ OR X X 06/11/03 CORNERSTONE REALTY INCOME TRUST INC VA X X 05/28/03 CREDIT & ASSET REPACKAGING VEHICLE CO DE X 06/01/03 CRIIMI MAE FINANCIAL CORP MD X 06/02/03 CRIIMI MAE FINANCIAL CORP MD X 04/01/03 AMEND CRIIMI MAE FINANCIAL CORP MD X 02/03/03 AMEND CRIIMI MAE FINANCIAL CORP MD X 03/03/03 AMEND CROWN PACIFIC PARTNERS L P DE X X 06/06/03 CWMBS INC DE X X 06/06/03 CYSIVE INC DE X X 06/10/03 DCAP GROUP INC/ DE X X 06/11/03 DIAMOND OFFSHORE DRILLING INC DE X X 06/10/03 DOMINOS INC DE X X 06/10/03 DREXEL BURNHAM LAMBERT REAL ESTATE AS NY X X 05/30/03 DTE ENERGY CO MI X 06/11/03 ENCORE CREDIT CORP MORTGAGE PASS THRO DE X 06/11/03 EON COMMUNICATIONS CORP DE X X 06/05/03 ESSENTIAL THERAPEUTICS INC CA X X 06/04/03 EXELON CORP PA X 06/11/03 FIRST COLONIAL GROUP INC PA X 06/11/03 FIRST COLONIAL GROUP INC PA X X 06/11/03 FIRST FRANKLIN MORTGAGE LOAN TRUST 20 DE X 05/30/03 FIRST INDIANA CORP IN X X 06/11/03 FIRST MIDWEST BANCORP INC DE X X 06/11/03 FIRSTENERGY CORP OH X 06/11/03 FOREST CITY ENTERPRISES INC OH X X 06/11/03 FULTON FINANCIAL CORP PA X X 06/11/03 FURNITURE BRANDS INTERNATIONAL INC DE X X 06/11/03 GAYLORD ENTERTAINMENT CO /DE DE X X 06/11/03 GENERAL DATACOMM INDUSTRIES INC DE X 06/30/03 GENLYTE GROUP INC DE X X 06/09/03 GENUITY INC DE X X 06/11/03 GENUITY INC DE X X 02/03/03 AMEND GENUITY INC DE X X 03/03/03 AMEND GREATER BAY BANCORP CA X X X 06/11/03 GUILFORD PHARMACEUTICALS INC DE X X 06/10/03 HALLIBURTON CO DE X 06/09/03 HANDLEMAN CO /MI/ MI X 06/11/03 HANDSPRING INC CA X X 06/03/03 HBOA HOLDINGS INC FL X X X 06/05/03 HIENERGY TECHNOLOGIES INC WA X 06/10/03 IMAGE ANALYSIS INC OK X 05/15/03 IMH ASSETS CORP IMPAC CMB TRUST SERIE DE X 05/29/03 IMH ASSETS CORP IMPAC CMB TRUST SERIE DE X X 05/29/03 IMH ASSETS CORP IMPAC CMB TRUST SERIE DE X X 05/29/03 AMEND INFOTEC BUSINESS SYSTEMS INC NV X X 03/02/03 INSTAPAY SYSTEMS INC UT X X 06/10/03 INTERMUNE INC DE X X 06/11/03 LASIK AMERICA INC NV X 06/11/03 LEUCADIA NATIONAL CORP NY X X 06/11/03 LEXINGTON CORPORATE PROPERTIES TRUST MD X X X 06/10/03 LONG BEACH SECURITIES CORP ASSET BACK DE X X 06/05/03 LOWRANCE ELECTRONICS INC DE X X 06/11/03 MARKWEST ENERGY PARTNERS L P DE X X 03/28/03 AMEND MARKWEST HYDROCARBON INC DE X X 03/28/03 AMEND MATRIX SERVICE CO DE X X 06/11/03 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