SEC NEWS DIGEST Issue 2004-143 July 27, 2004 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS CLOSED MEETING - TUESDAY, AUGUST 3, 2004 - 2:00 P.M. The subject matter of the closed meeting scheduled for Tuesday, August 3, will be: Formal orders of investigations; Institution and settlement of injunctive actions; and Institution and settlement of administrative proceedings of an enforcement nature. CLOSED MEETING - THURSDAY, AUGUST 5, 2004 - 2:00 P.M. The subject matter of the closed meeting scheduled for Thursday, August 5, will be: Formal orders of investigations; Institution and settlement of injunctive actions; and Institution and settlement of administrative proceedings of an enforcement nature. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942-7070. RULES AND RELATED MATTERS INVESTMENT COMPANY GOVERNANCE FINAL RULE The Commission has issued a release adopting amendments to Rules 0-1, 10f-3, 12b-1, 15a-4, 17a-7, 17a-8, 17d-1, 17e-1, 17g-1, 18f-3, and 23c-3, to require any investment company that relies on certain exemptive rules to have: (i) the independent directors constitute 75 percent of the fund board or, if the fund board has only three directors, all but one of those directors be independent; (ii) an independent director serve as chairman of the fund board; (iii) the board perform an annual self-assessment; (iv) the independent directors meet together in separate sessions each quarter; and (v) the fund confirm the authority of independent directors to hire staff to help them perform their duties. The Commission also adopted an amendment to Rule 31a-2, the investment company recordkeeping rule, to require that investment companies retain copies of written materials that the directors consider when approving investment advisory contracts. The effective date of the amendments is Sept. 7, 2004, and the compliance date is Jan. 16, 2006. For further information, please contact Catherine E. Marshall, Attorney, Division of Investment Management, at (202) 942-0719. (Rel. IC-26520; File No. S7-03-04) ENFORCEMENT PROCEEDINGS IN THE MATTER OF IAN RENERT An Administrative Law Judge has issued an Initial Decision in the Matter of Ian L. Renert. The Initial Decision finds that on April 14, 2004, the U.S. District Court for the District of Connecticut entered a final judgment against Ian L. Renert: (i) permanently enjoining him from violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, Sections 206(1) and 206(2) of the Investment Advisers Act of 1940, and Section 7(d) of the Investment Company Act of 1940; (ii) ordering him to pay disgorgement of $717,276, plus prejudgment interest of $117,264; and (iii) ordering him to pay a civil penalty of $250,000. The Initial Decision bars Ian L. Renert from association with any investment adviser. (Initial Decision No. 254; File No. 3-11519) IN THE MATTER OF JOSEPH DESANTO On July 26, the Commission issued an Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Order) against Joseph F. DeSanto (DeSanto). The Order finds that on May 21, 2002, DeSanto pled guilty to one count of mail fraud before the United States District Court for the Middle District of Florida arising out of his association with The Hamilton Shea Group Inc. (Hamilton Shea), a broker-dealer registered with the Commission. The count of the criminal indictment to which DeSanto pled guilty alleged that DeSanto: (1) used undisclosed nominee accounts to control and manipulate the prices of securities, and (2) directed registered representatives at Hamilton Shea to make material misrepresentations and omissions concerning these securities and to effect unauthorized trades in the accounts of firm customers. Based on the above, the Order bars DeSanto from association with any broker or dealer and from participation in any offering of a penny stock. DeSanto consented to the issuance of the Order without admitting or denying any of the allegations in the administrative proceeding. (Rel. 34-50086; File No. 3-11430) PROCEEDINGS INSTITUTED TO SUSPEND OR REVOKE REGISTRATION OF SECURITIES OF EVTC, INC. On July 26, the Commission instituted proceedings against EVTC, Inc., to determine whether the registration of each class of its securities should be suspended or revoked. EVTC, Inc., is a Delaware corporation based in Houston, Texas, whose common stock is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934. According to the Order Instituting Proceedings, the company allegedly violated the periodic reporting requirements of the Exchange Act by failing to file annual and quarterly reports for all appropriate periods since the quarter ended June 30, 2002. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide EVTC an opportunity to dispute these allegations, and to determine whether the registration of each class of EVTC's securities should be suspended or revoked. The Commission directed that an administrative law judge shall issue an initial decision in this matter within 120 days from the date of service of the Order Instituting Proceedings. (Rel. 34-50088; File No. 3-11560) SEC FILES INSIDER TRADING CASE AGAINST FORMER CAPITAL ONE CFO DAVID WILLEY The Commission filed a complaint on July 26 in the U.S. District Court for the District of Columbia alleging David M. Willey, former Chief Financial Officer of Capital One Financial Corporation, engaged in insider trading in the securities of Capital One. According to the complaint, the examiner in charge of the Federal Reserve Board of Governors' examination of Capital One advised Willey that the Fed was likely to downgrade Capital One's supervisory assessment, and that such a downgrade would result in some form of supervisory action. Without informing other members of senior management or the Capital One Board of Directors of this material information, Willey engaged in a series of transactions in Capital One stock in May 2002 and obtained profits in stock and cash through his fraudulent trading valued at several million dollars. In addition, the Commission's complaint alleges that Willey filed a Form 4 disclosure statement with the Commission that failed to report two of his May 2002 options exercises totaling 46,800 shares. The Commission is seeking a permanent injunction, disgorgement with prejudgment interest, an officer/director bar, and a civil penalty against David M. Willey for violating Sections 10(b) and 16(a) of the Securities Exchange Act of 1934 and Rules 10b-5 and 16a-3 thereunder. The Commission's complaint also alleges that Willey's wife, Joy S. Willey, is unjustly enriched because some of the insider trading proceeds are in her possession. Accordingly, the Commission is suing her as a Relief Defendant to recover this unjust enrichment. [SEC v. David M. Willey and Joy S. Willey, Civil Action No. 1:04-CV-01243, D.D.C.] (LR-18794) SEC CHARGES ST. LOUIS EX-CON IN FRAUDULENT STOCK SCHEME The Commission filed a civil complaint on July 6, 2004, against St. Louis businessman Hershey Moss. The Commission's complaint alleges that Moss misrepresented the business plan for his company, National Pizza Corporation, in the company's registration statement for its initial public offering. The registration statement portrayed National Pizza as a legitimate start-up company, when in fact Moss intended to sell it as a "shell company" to a privately-held company. As alleged in the complaint, Moss's subterfuge allowed the company to evade regulatory scrutiny aimed at preventing common abuses (such as market manipulations) arising out of such shell company mergers. In the registration statement, filed in February 2002, Moss represented that he intended to develop a national network of frozen pizza distributors. When asked by the staff of the Division of Corporation Finance, Moss affirmed that the company had no plans to seek a business combination in the near future. In fact, according to the complaint, at the same time Moss was making such representations, he was secretly negotiating the sale of National Pizza as a valuable public "shell" corporation to a private company. Shortly after National Pizza's registration statement became effective and it became a public company, Moss closed the deal with the private entity, selling his shell company for approximately $500,000 cash and 440,000 shares in the merged company. Once the merger was completed, the new San Francisco-based company (then known as BSP Onelink, and later renamed One Link 4 Travel, Inc.) applied to the NASD to list shares of its stock on the OTC Bulletin Board. Because the merger appeared to be inconsistent with National Pizza's public filings purporting to pursue a pizza business, the NASD raised questions about the timing of the merger negotiations. According to the complaint, Moss falsely assured the NASD that he did not change his intention to run a pizza business until after the company became public. Following Moss's misrepresentations, the NASD approved the travel company's listing application, allowing the shares to be listed on the OTC Bulleting Board. Moss subsequently sold a portion of his shares on the open market for approximately $120,000. The suit, brought in federal district court in San Francisco, charges Moss with making false and misleading statements in connection with the company's public offering (in violation of Sections 17(a)(1) and 17(a)(3) of the Securities Act of 1933) and misleading the NASD in connection with the listing of the stock for public trading (in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder). [SEC v. Hershey Moss, Case No. C 04-2683-JL (N.D. Cal.)] (LR-18795) SEC CHARGES RHODE ISLAND BUSINESSMAN PETER MARION WITH INSIDER TRADING The Commission today filed a complaint in the U.S. District Court for the Southern District of New York alleging that Peter O. Marion engaged in insider trading in the securities of U.S. Foodservice, Inc. (USF) in February and March of 2000 after a USF executive, Timothy J. Lee, gave him material, nonpublic information concerning a proposed tender offer for USF by Royal Ahold (Koninklijke Ahold, N.V.) (Ahold). The Commission alleges that Marion, through his insider trading, violated the antifraud provisions of the Securities Exchange Act of 1934 ("Exchange Act"). The Commission seeks a final judgment ordering Marion to disgorge all illegal profits, with prejudgment interest thereon; imposing civil money penalties; and enjoining him from future violations of Sections 10(b) and 14(e) of the Exchange Act and Exchange Act Rules 10b-5 and 14e-3. The Commission's complaint alleges that during the period Feb. 15, 2000, through March 1, 2000, after learning of Ahold's intention to acquire USF at a price of $24 to $26 per share, Marion purchased 36,000 shares of USF common stock at an average price of $14.92 per share. On March 7, 2000, Ahold and USF publicly announced Ahold's tender offer for USF at $26 per share. Marion sold his shares at an average price of $25.02 shortly after the tender offer was announced. As a result of his trading, Marion made illegal profits of approximately $363,894. The complaint further alleges that Marion knew, or was reckless in not knowing, that the information he possessed concerning the proposed acquisition of USF was material and nonpublic and that it had been communicated to him directly or indirectly in breach of a duty of trust and confidence. The Commission's investigation is continuing. The Commission acknowledges the assistance and cooperation of the Office of the U.S. Attorney for the Southern District of New York, the New York Office of the Federal Bureau of Investigation, and the U.S. Department of Labor, Employee Benefits Security Administration. For further information see related Litigation Release No. 18797. [SEC v. Peter O. Marion, No. 04 CV 5825 (FOX) SDNY] (LR-18796) SEC CHARGES FORMER TOP EXECUTIVES OF US FOODSERVICE WITH $700 MILLION SECURITIES FRAUD ONE ALSO CHARGED WITH INSIDER TRADING The Commission today filed a complaint in the U.S. District Court for the Southern District of New York alleging that Michael Resnick, Mark P. Kaiser, Timothy J. Lee and William Carter engaged in or substantially participated in a scheme to overstate the income of Royal Ahold (Koninklijke Ahold N.V.) (Ahold) by $700 million or more in SEC filings and other public announcements for at least fiscal years 2001 and 2002. Resnick, Kaiser, Lee, and Carter were top executives at Columbia, Maryland based wholesale food distributor U.S. Foodservice (USF), a major subsidiary of Ahold. The complaint alleges that they grossly inflated reported profits and induced numerous suppliers to submit false confirmations to the company's auditors in order to conceal their fraud. The Commission alleges that Resnick, Kaiser, Lee and Carter violated the antifraud provisions; aided and abetted violations of the reporting provisions; and violated and aided and abetted violations of the books and records provisions of the Securities Exchange Act of 1934 (Exchange Act). The Commission also alleges that Lee engaged in repeated instances of tipping material, nonpublic information regarding Ahold's April 2000 tender offer acquisition of U.S. Foodservice. As a result of the tipping, an associate of Lee realized profits of at least $363,000 from trading in the stock of U.S. Foodservice. The Commission alleges that Lee, through his insider tipping, violated the antifraud provisions of the Exchange Act. The Commission seeks a final judgment ordering the defendants to disgorge all ill-gotten gains, including performance based-bonuses; imposing civil money penalties; barring each of them from serving as an officer or director of a public company; and enjoining each of them from future violations, or aiding and abetting violations, of Exchange Act Sections 10(b), 13(b)(5), 13(a), 13(b)(2)(A) and 13(b)(2)(B), and Exchange Act Rules 10b-5, 12b-20, 13a-1, and 13b2-1. The Commission also seeks a final judgment enjoining Lee from future violations of Section 14(e) of the Exchange Act and Exchange Act Rule14e-3, and ordering Lee to disgorge jointly and severally the trading profits of his tippees. The Commission's complaint alleges that compensation for Resnick, Kaiser, Lee and Carter was based, in part, on USF's ability to meet or exceed budgeted earnings targets. They each received a substantial bonus in early 2002 because USF purportedly satisfied earnings goals for fiscal year 2001. They were each eligible for a substantial bonus if USF met earnings targets for fiscal year 2002. They engaged in or substantially participated in a scheme whereby USF "booked to budget" -- reporting earnings equal to or greater than the targets, regardless of the company's true performance. The primary method used to carry out the fraudulent scheme to "book to budget" was to improperly inflate USF's "promotional allowance" income. A significant portion of USF's operating income was based on payments by its suppliers, usually referred to as promotional allowances. In a typical promotional allowance arrangement, USF would pay the full wholesale price for a product, then receive rebates of a portion of that price from the supplier if certain purchase volume and other conditions were met. They "booked to budget" by, among other things, causing USF to record completely unsupported promotional allowances sufficient to cover any shortfall to budgeted earnings. When questioned by Ahold's independent auditors about the promotional allowances recorded, Resnick, Kaiser and Lee are alleged to have provided false and misleading justifications. The Commission's complaint alleges that the defendants covered-up the false earnings by making it appear that the inflated promotional allowance income had been earned by, among other things, (a) inducing suppliers to confirm false promotional allowance income, payments, and receivable balances; (b) manipulating the promotional allowance receivable and manipulating and misapplying cash receipts; and (c) making false and misleading statements, and material omissions, to the company's independent auditors, other company personnel, and/or Ahold personnel. The Commission's complaint describes how Kaiser, Lee, and Carter, in order to keep the fraud from being discovered, participated in a systematic effort to corrupt the audit process. Ahold's auditors attempted at the end of each fiscal year to confirm with the vendors that they actually had paid, or still owed, the promotional allowances recorded by USF. The suppliers were convinced by Kaiser, Lee, and Carter to sign audit confirmation letters even though they knew that the letters were false. Resnick, Kaiser, and Lee, in order to prevent the discovery of the fraudulent scheme, took various additional steps to make it appear that USF's promotional allowance receivable balance was being paid by the suppliers. Among other things, they made, or caused to be made, accounting entries that unilaterally deducted material amounts from the balances that USF owed to the suppliers for the products USF had purchased, and simultaneously credited the promotional allowance receivable balance for the amount of such deductions. These "deductions" were made at year-end and had the net effect of making it appear that USF had made material progress in collecting promotional allowance payments allegedly due. Resnick, Kaiser, and Lee concealed the fact that the deductions were not authorized, were not legitimate, and that a substantial percentage of the deductions were reversed in the early part of the following fiscal year. The Commission further alleges that Resnick, Kaiser, Lee and Carter also knew, or were reckless in not knowing, that the amounts paid by some suppliers included prepayments on multi-year contracts. But they falsely represented to USF personnel, Ahold personnel, and/or the company's independent auditors that none of the promotional allowance agreements included such prepayments. As a result, USF treated the prepayments by suppliers as if they were payments for currently owed promotional allowances. This made it falsely appear that USF was making material progress in collecting the inflated promotional allowance income it had recorded. The Commission's investigation is continuing. The Commission acknowledges the assistance and cooperation of the Office of the U.S. Attorney for the Southern District of New York, the New York Office of the Federal Bureau of Investigation, and the U.S Department of Labor, Employee Benefits Security Administration. For further information see related Litigation Release No. 18796. [SEC v. Michael Resnick, Mark P. Kaiser, Timothy J. Lee, and William Carter, No. 04 CV 5824 (HOLWELL) SDNY] (LR-18797) FUND MANAGER AND ITS PRESIDENT SETTLE AN ADMINISTRATIVE PROCEEDING RELATED TO SHORT SELLING IN CONNECTION WITH A PUBLIC OFFERING AND AGREE TO DISGORGE PROFITS; PRESIDENT CONSENTS TO PAY A $25,000 CIVIL PENALTY On July 27, the Commission instituted and simultaneously settled an administrative cease-and-desist proceeding against JC Management, Inc., the investment manager of a private investment fund and its President and sole employee, Joseph X. Crivelli. The Commission found that JC Management and Crivelli violated Rule 105 of Regulation M under the Securities Exchange Act of 1934 in July 2002, by selling securities short during the five business days before the pricing of a public offering, and then covering the short position with securities purchased in the offering. Without admitting or denying the Commission's findings, JC Management and Crivelli agreed, jointly and severally, to settle the charges against them by consenting to a Commission order requiring that they pay disgorgement of $25,788 in illegal trading profits and prejudgment interest and to cease and desist from committing or causing any violations, and any future violations, of Rule 105 of Regulation M. In a related civil action, Crivelli, without admitting or denying the allegations of the Commission's complaint, has consented to pay a civil penalty of $25,000. (Rel. 34-50092; File No. 3-11561); [SEC v. Joseph X. Crivelli, 1:04CV01247(RMC) D.D.C.] (LR-18798) FORMER SENIOR ANALYST OF STANDARD & POOR'S FINANCIAL RATING SERVICES AND TWO OTHERS SUED FOR INSIDER TRADING IN RELIASTAR FINANCIAL CORPORATION AND AMERICAN GENERAL CORPORATION SECURITIES The Commission today filed an insider trading action against Rick A. Marano, a former senior analyst in the Life Insurance Group at Standard & Poor's Financial Rating Services (S&P), his brother, William Marano, and Carl Loizzi (Loizzi), a friend and former business partner of William Marano's. On two separate occasions, in 2000 and 2001, Rick Marano misappropriated material, non-public information obtained through his employment concerning potential business transactions involving ReliaStar Financial Corporation and American General Corporation and tipped that information to William Marano and Loizzi. In total, the unlawful trading produced profits of over $1,100,000. The U.S. Attorney's Office for the Southern District of New York, on the same day, announced criminal charges against Rick A. Marano, William Marano and Carl Loizzi. Rick Marano, William Marano and Carl Loizzi are charged with conspiracy to commit securities fraud and securities fraud. The Commission is charging the defendants with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and is seeking an order of permanent injunction, disgorgement with prejudgment interest and civil penalties. [SEC v. Rick Marano, William Marano and Carl Loizzi, Civil Action No. 04 CV 5828 (Kimba Wood) SDNY] (LR-18799) SEC SUES FORMER CHIEF FINANCIAL OFFICER OF QWEST'S WIRELESS SUBSIDIARY FOR FRAUD The Commission today filed civil fraud charges against the former chief financial officer of Qwest Communications International Inc.'s (Qwest) wholly owned subsidiary, Qwest Wireless LLC (Wireless), alleging that he fraudulently concealed $112 million of improperly recognized revenue at Wireless. The Commission's complaint alleges that, on several occasions between April 2001 and July 2002, Wireless's accounting group identified errors in its accounting for revenue from the sale of mobile phone products and services. For example, between at least January 2000 and September 2001, Wireless improperly recorded revenue from mobile phone accessories that were given to customers for free as an inducement to buy other products and services. These revenue recognition errors caused Wireless, and hence Qwest, to overstate revenue by about $57 million in 2000, $46 million in 2001, and $9 million during the first two quarters of 2002. The Commission's complaint further alleges that over the course of several months between September 2001 and July 2002, the Wireless accounting group estimated the amount by which Qwest had overstated revenue based on the errors and, on numerous occasions, informed Felicissimo of its conclusions. Rather than telling the president of Wireless or other higher-level Qwest executives about the overstatements, Felicissimo concealed, and directed others to conceal, those overstatements. For example, after viewing a document in about July 2002 showing that the accounting group estimated that Qwest had overstated revenue by about $20 million in 2000, $33 million in 2001, and $9 million through the first two quarters of 2002 based on all of the errors, Felicissimo told a Wireless accountant to "bury" the document. The Commission's complaint seeks an order against Felicissimo enjoining him from further violations of the antifraud, reporting, books-and- records, and internal controls provisions of the federal securities laws; imposing a civil money penalty; ordering disgorgement of all ill- gotten gains, including compensation, bonuses, and stock trading profits made during the relevant period; and barring Felicissimo from acting as a director or officer of a publicly held company. The Commission's investigation into the conduct of others is continuing. [SEC v. Michael Felicissimo, Civil Action No. 04-RB-1541 (OES), USDC, District of Colorado] (LR-18800) ADDITIONS AND CORRECTIONS CORRECTION An announcement in yesterday's Digest, entitled "REVOCATION OF REGISTRATION OF SECURITIES OF SPIEGEL, INC.", should have appeared as follows: REVOCATION OF REGISTRATION OF SECURITIES OF SPIEGEL, INC. The Commission announced the revocation of the registration of securities of Spiegel, Inc. (Spiegel), of Downer's Grove, Illinois registered with the Commission pursuant to Section 12 of the Exchange Act on July 23, 2004, pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act). In its Order revoking the registration of securities of Spiegel registered with the Commission pursuant to Section 12 of the Exchange Act, the Commission found that since April of 2002, Spiegel has been out of compliance with its reporting requirements under Section 13 of the Exchange Act and that it is unclear when, if ever, Spiegel could fully come into compliance with its reporting obligations. 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, Section 12(j) provides, in pertinent part, as follows: No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked pursuant to the preceding sentence. Without admitting or denying the facts or allegations in the Order Instituting Proceedings, Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934, Spiegel consented the entry of the order revoking its registration. CORRECTION A summary in the July 23rd issue of the Digest, entitled "ACCELERATED APPROVAL OF PROPOSED RULE CHANGE", (Rel. 34-50057), should have appeared as follows: NOTICE OF FILING OF PROPOSED RULE CHANGE AND AMENDMENT NOS. 1 AND 2 THERETO Pursuant to Rule 19b-4 under the Securities Exchange Act of 1934, the American Stock Exchange has filed a proposed rule change (SR- Amex-2004-50) and Amendment Nos. 1 and 2 thereto proposing changes to its Constitution and certain other organizational documents in connection with a proposed transaction under which The Amex Membership Corporation will become the sole owner of the Exchange through the acquisition of 100% of the Class B Participation Interest in the Exchange from New NASD Holdings, Inc., a wholly owned subsidiary of the National Association of Securities Dealers, Inc. Publication of the notice in the Federal Register is expected during the week of July 26. (Rel. 34-50057) HOLDING COMPANY ACT RELEASES THE SOUTHERN COMPANY, ET AL. An order has been issued correcting the order dated June 30, 2004, (Holding Company Act Release No. 27867) authorizing The Southern Company (Southern), a registered holding company, Southern Company Capital Funding, Inc., a subsidiary of Southern, and certain other utility and non-utility subsidiaries of Southern to enter into various external financing transactions through June 30, 2007. (Rel. 35-27867A) CINERGY SERVICES, INC. An order has been issued authorizing Cinergy Services, Inc. (Services), a service company subsidiary of Cinergy Corporation, a registered holding company, to maintain its books and records using the Federal Energy Regulatory Commission's Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to Provisions of the Federal Power Act and to revise related service agreements. (Rel. 35-27876) STANDARDS SETTING BOARDS PROPOSED RULES The Commission published for public comment proposed Public Company Accounting Oversight Board Rule 3101, Certain Terms Used in Auditing and Related Professional Practice Standards (PCAOB-2004-06) under Section 19(b)(1) of the Exchange Act. The PCAOB's proposed Rule 3101 sets forth the terminology the PCAOB will use to describe the degree of responsibility that the auditing and related professional practice standards impose on auditors that conduct engagements pursuant to "the standards of the Public Company Accounting Oversight Board (United States)." Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34-50077) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF A PROPOSED RULE CHANGES The Options Clearing Corporation filed a proposed rule change (SR-OCC- 2004-15), which became effective upon filing, under Section 19(b)(1) of the Exchange Act to correct an erroneous cross-reference in Rule 101.E.(6). Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34-50069) A proposed rule change (SR-NASD-2004-076), and Amendments No. 1 and 2 thereto filed by the National Association of Securities Dealers to rename certain of NASDAQ's systems and to make other technical corrections 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 July 26. (Rel. 34- 50074) The Options Clearing Corporation filed a proposed rule change (SR-OCC- 2004-12), which became effective upon filing, under Section 19(b)(1) of the Exchange Act to reduce effective July 1, 2004, certain clearing fees for securities option contracts. Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34- 50080) A proposed rule change (SR-NASD-2004-103) and Amendment No. 1 thereto by the National Association of Securities Dealers to modify the methodology for applying Nasdaq's pricing schedule to affiliated members has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the notice is expected in the Federal Register during the week of July 26. (Rel. 34-50084) ACCELERATED APPROVAL OF PROPOSED RULE CHANGES The Commission granted accelerated approval to a proposed rule change (SR-CBOE-2004-44) filed by the Chicago Board Options Exchange that permanently approves a pilot program permitting $5 quotation spreads for options quotations submitted electronically to the CBOE's Hybrid Trading System. Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34-50079) The Commission granted accelerated approval to a proposed rule change submitted by the Pacific Exchange (SR-PCX-2004-68) relating to the extension of the Linkage fee pilot program. (Rel. 34-50082) PROPOSED RULE CHANGE The American Stock Exchange filed a proposed rule change (SR-Amex-2004- 51) to apply Amex's current member firm guarantee for equity options to index options. Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34-50081) APPROVAL OF A PROPOSED RULE CHANGE The Commission approved a proposed rule change (SR-NSCC-2003-05) filed by the National Securities Clearing Corporation under Section 19(b)(1) of the Exchange Act. The proposed rule change modifies NSCC's rules to provide for the electronic delivery of important notices. Publication of the proposal is expected in the Federal Register during the week of July 26. (Rel. 34-50085) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . SB-2 Sheer Ventures Inc., 475 HOWE STREET, SUITE 1030, VANCOUVER, A1, V7L 3G8, 604-683-5061 - 3,200,000 ($320,000.00) Equity, (File 333-117644 - Jul. 26) (BR. 09) S-8 FIRST FEDERAL CAPITAL CORP, 605 STATE ST, LA CROSSE, WI, 54601, 6087848000 - 0 ($20,958,750.00) Equity, (File 333-117645 - Jul. 26) (BR. 07) S-8 RIT TECHNOLOGIES LTD, 24 RAOUL WALLENBERG ST, TEL AVIV, L3, 69719, 972 3 6455151 - 1,165,833 ($1,667,133.32) Equity, (File 333-117646 - Jul. 26) (BR. 37) S-8 MANOR CARE INC, 333 N. SUMMIT STREET, TOLEDO, OH, 43604-2617, 4192525500 - 6,000,000 ($180,930,000.00) Equity, (File 333-117647 - Jul. 26) (BR. 37) F-10 ABITIBI CONSOLIDATED INC, 5148752160 - 400,000,000 ($400,000,000.00) Non-Convertible Debt, (File 333-117648 - Jul. 26) (BR. 04) S-3 EUROWEB INTERNATIONAL CORP, VAROSMAJOR UTCA 13, VAROSMAJOR UTCA 13, BUDAPEST, K5, 1122, 36-1-22-44-000 - 677,201 ($1,923,250.84) Equity, (File 333-117649 - Jul. 26) (BR. 03) S-8 OMNIVISION TECHNOLOGIES INC, 930 THOMPSON PL, SUNNYVALE, CA, 94085, 4087333030 - 0 ($54,770,596.95) Equity, (File 333-117651 - Jul. 26) (BR. 36) S-8 MEDIABAY INC, 2 RIDGEDALE AVENUE, CEDAR KNOLLS, NJ, 07927, 9735399528 - 3,500,000 ($4,105,485.00) Equity, (File 333-117652 - Jul. 26) (BR. 02) SB-2 URANIUM RESOURCES INC /DE/, 9723877777 - 0 ($46,916,941.00) Equity, (File 333-117653 - Jul. 26) (BR. 04) S-8 ALLIANT ENERGY CORP, 4902 NORTH BILTMORE LANE, PO BOX 77007, MADISON, WI, 53707-1007, 608-458-3314 - 1,600,000 ($42,384,000.00) Equity, (File 333-117654 - Jul. 26) (BR. 02) S-3 OMEGA HEALTHCARE INVESTORS INC, 9690 DEERECO ROAD, STE 100, TIMONIUM, MD, 21093, 410-427-1700 - 0 ($345,257,199.00) Other, (File 333-117655 - Jul. 26) (BR. 08) S-8 OMEGA HEALTHCARE INVESTORS INC, 9690 DEERECO ROAD, STE 100, TIMONIUM, MD, 21093, 410-427-1700 - 0 ($29,940,000.00) Equity, (File 333-117656 - Jul. 26) (BR. 08) S-11 BOSTON CAPITAL TAX CREDIT FUND V LP, ONE BOSTON PL., SUITE 2100, BOSTON, MA, 02108, 6176248900 - 0 ($85,000,000.00) Other, (File 333-117657 - Jul. 26) (BR. 08) S-8 NEXIA HOLDINGS INC, 268 WEST 400 SOUTH, STE 300, SALT LAKE CITY, UT, 84101, 8015758073 - 1,000,000,000 ($600,000.00) Equity, (File 333-117658 - Jul. 26) (BR. 09) S-8 INDIGINET INC/FL, 5000 BIRCH STREET, SUITE 3000, NEWPORT BEACH, CA, 92614, (949) 476-3711 - 395,000,000 ($474,000.00) Equity, (File 333-117659 - Jul. 26) (BR. 09) S-8 SEARCHHELP INC, 0 ($828,041.00) Equity, (File 333-117660 - Jul. 26) (BR. 37) S-8 LOGISTICS MANAGEMENT RESOURCES INC, 10602 TIMBERWOOD CIRCLE, LEXINGTON, KY, 40223, 8439722055 - 50,000,000 ($3,000,000.00) Equity, (File 333-117661 - Jul. 26) (BR. 05) S-8 ULTRALIFE BATTERIES INC, 2000 TECHNOLOGY PARKWAY, NEWARK, NY, 14513, 3153327100 - 750,000 ($16,035,000.00) Equity, (File 333-117662 - Jul. 26) (BR. 36) S-8 PRINCETON NATIONAL BANCORP INC, 606 S MAIN ST, PRINCETON, IL, 61356, 8158754444 - 0 ($8,631,000.00) Equity, (File 333-117663 - Jul. 26) (BR. 07) S-8 WELLSTONE FILTERS INC /DE/, 121 FARRINGTON AVENUE, NONE, TARRYTOWN, NY, 10591, 9143330090 - 5,000,000 ($5,000,000.00) Equity, (File 333-117664 - Jul. 26) (BR. 09) SB-2 DATALOGIC INTERNATIONAL INC, 18301 VON KARMAN AVE, SUITE 250, IRVINE, CA, 92612, 949-260-0120 - 6,130,455 ($2,513,486.55) Equity, (File 333-117665 - Jul. 26) (BR. 08) S-8 STEVEN MADDEN, LTD., 52-16 BARNETT AVE, LONG ISLAND CITY, NY, 11104, 7184461800 - 300,000 ($4,908,000.00) Equity, (File 333-117666 - Jul. 26) (BR. 02) S-8 STEVEN MADDEN, LTD., 52-16 BARNETT AVE, LONG ISLAND CITY, NY, 11104, 7184461800 - 260,000 ($4,253,600.00) Equity, (File 333-117667 - Jul. 26) (BR. 02) S-4 AMF BOWLING WORLDWIDE INC, 8100 AMF DRIVE, RICHMOND, VA, 23111, 8047304000 - 0 ($150,000,000.00) Other, (File 333-117668 - Jul. 26) (BR. 05) S-8 MILLS CORP, 1300 WILSON BLVD, STE 400, ARLINGTON, VA, 22209, 7035265000 - 0 ($285,800,000.00) Equity, (File 333-117669 - Jul. 26) (BR. 08) S-3 LITHIA MOTORS INC, 360 E JACKSON ST, MEDFORD, OR, 97501, 5417766899 - 0 ($85,000,000.00) Other, (File 333-117670 - Jul. 26) (BR. 02) S-8 MARTEK BIOSCIENCES CORP, 6480 DOBBIN RD, COLUMBIA, MD, 21045, 4107400081 - 0 ($102,960,122.35) Equity, (File 333-117671 - Jul. 26) (BR. 01) S-3 OREGON STEEL MILLS INC, 1000 SW BROADWAY, STE 2200, PORTLAND, OR, 97205, 5032405788 - 0 ($54,880,000.00) Equity, (File 333-117672 - Jul. 26) (BR. 06) S-4 JDA SOFTWARE GROUP INC, 14400 N 87TH ST, SCOTTSDALE, AZ, 85260, 4083083000 - 8,796,919 ($112,336,649.25) Equity, (File 333-117674 - Jul. 26) (BR. 03) S-3 KNOLOGY INC, 1241 O G SKINNER DRIVE, WEST POINT, GA, 31833, 7066458553 - 0 ($57,560,655.00) Non-Convertible Debt, (File 333-117675 - Jul. 26) (BR. 37) SB-2 MDU COMMUNICATIONS INTERNATIONAL INC, 60 COMMERCE WAY, UNIT D, TOTOWA, NJ, 07512, 9732379499 - 5,414,389 ($11,837,612.00) Equity, (File 333-117676 - Jul. 26) (BR. 37) 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. Item 10. Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics. Item 11. Temporary Suspension of Trading Under Registrant's Employee Benefit Plans. Item 12. Results of Operations and Financial Condition. 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 10 11 12 13 DATE COMMENT ------------------------------------------------------------------------------------------------ 21ST CENTURY TECHNOLOGIES INC NV X 07/26/04 ACADIA REALTY TRUST MD X X 07/26/04 ADESA INC X 07/23/04 ADVANCED MAGNETICS INC DE X 07/26/04 ADVANCED NEUROMODULATION SYSTEMS INC TX X 07/26/04 ADVANCED POWER TECHNOLOGY INC X X 07/22/04 ADVISORY BOARD CO DE X 07/26/04 AFFIRMATIVE INSURANCE HOLDINGS INC X 07/26/04 AGILYSYS INC OH X 07/26/04 ALDERWOODS GROUP INC DE X X 07/26/04 ALTIRIS INC DE X X 07/26/04 AMC ENTERTAINMENT INC DE X X 07/26/04 AMC ENTERTAINMENT INC DE X X 07/26/04 AMC ENTERTAINMENT INC DE X X 07/26/04 AMERICAN EXPRESS CO NY X X 06/30/04 AMERICAN INSURED MORTGAGE INVESTORS S CA X X 07/22/04 ANADIGICS INC DE X 07/26/04 ANC RENTAL CORP DE X X 07/23/04 ARENA RESOURCES INC NV X X 05/07/04 AMEND ASBURY AUTOMOTIVE GROUP INC DE X 07/26/04 ASHFORD HOSPITALITY TRUST INC MD X 07/23/04 ASHLAND INC KY X X 07/26/04 ASHLAND INC KY X X 07/26/04 ASSET BACKED PASS THRU CERTS SERIES 2 DE X X 07/15/04 ATLANTIC LIBERTY FINANCIAL CORP DE X 06/30/04 ATLAS AIR INC DE X X 07/14/04 ATLAS AIR WORLDWIDE HOLDINGS INC DE X X 07/14/04 ATWOOD OCEANICS INC TX X X 07/26/04 AVISTAR COMMUNICATIONS CORP DE X X 07/22/04 AZUREL LTD X 07/26/04 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 07/23/04 BANC ONE HELOC 1999-1 OH X 07/01/04 BANC ONE HELOC TRUST 1998-1 OH X 07/01/04 BANCSHARES OF FLORIDA INC FL X X 07/26/04 BANK ONE DELAWARE NATIONAL ASSOCIAT X 07/01/04 BANK ONE DELAWARE NATIONAL ASSOCIAT X 07/01/04 BANK ONE DELAWARE NATIONAL ASSOCIAT X 07/01/04 BANK ONE AUTO SECURITIZATION TRUST 20 DE X 07/01/04 BAY VIEW SECURITIZATION CORP DE X 07/15/04 BAY VIEW TRANSACTION CORP X 07/15/04 BEA SYSTEMS INC DE X 07/23/04 BECKMAN COULTER INC DE X X 07/26/04 BEL FUSE INC /NJ NJ X X 07/26/04 BELLSOUTH CORP GA X 07/26/04 BENCHMARK ELECTRONICS INC TX X X 07/22/04 BERRY PETROLEUM CO DE X 07/26/04 BIOSOURCE INTERNATIONAL INC DE X X 07/23/04 BLACK WARRIOR WIRELINE CORP DE X X 07/20/04 BMW VEHICLE OWNER TRUST 2001-A DE X 07/26/04 BMW VEHICLE OWNER TRUST 2002-A X 07/26/04 BMW VEHICLE OWNER TRUST 2003-A X 07/26/04 BMW Vehicle Owner Trust 2004-A X 07/26/04 BOISE CASCADE CORP DE X X X 07/26/04 BORDEN CHEMICAL INC NJ X 07/26/04 BOSTON PRIVATE FINANCIAL HOLDINGS INC MA X X 07/22/04 BOSTON SCIENTIFIC CORP DE X X 07/26/04 C-Bass Mtg Ln As Bk Cert Ser 2004-CB4 DE X X 07/07/04 AMEND CAM COMMERCE SOLUTIONS INC DE X X 07/26/04 CAMCO FINANCIAL CORP DE X X 07/23/04 CANARGO ENERGY CORP DE X 07/26/04 CAPITALSOURCE INC DE X 07/26/04 CAPITOL FEDERAL FINANCIAL X X 07/26/04 CAPITOL REVOLVING HOME EQUITY LOAN TR MD X 07/20/04 CARRIZO OIL & GAS INC TX X 07/26/04 CASS INFORMATION SYSTEMS INC MO X X 07/22/04 CCC INFORMATION SERVICES GROUP INC DE X X 07/26/04 CENTENE CORP X X 07/26/04 CENTERSTATE BANKS OF FLORIDA INC FL X X 07/26/04 CENTEX CORP NV X X 07/26/04 CENTRAL BANCORP INC /MA/ MA X X 07/23/04 CENTRAL VERMONT PUBLIC SERVICE CORP VT X X 07/26/04 CFSB MOR SEC CORP HOME EQUITY ASSET T DE X X 07/23/04 CHAMPION PARTS INC IL X X 07/20/04 CHEROKEE INTERNATIONAL CORP DE X X 07/26/04 CHESAPEAKE ENERGY CORP OK X 07/23/04 CHINA MOBILITY SOLUTIONS, INC. (forme FL X 07/15/04 CHL Mortgage Pass-Through Trust 2004- DE X 06/25/04 CHL Mortgage Pass-Through Trust 2004- DE X 06/25/04 CHL Mortgage Pass-Through Trust 2004- DE X 06/25/04 CHL Mortgage Pass-Through Trust 2004- DE X 06/25/04 CHOLESTECH CORPORATION CA X 07/26/04 CHURCHILL DOWNS INC KY X X 07/21/04 CITIZENS FIRST CORP KY X X 07/21/04 CITIZENS HOLDING CO /MS/ MS X X X 07/26/04 CLARK INC DE X X 07/23/04 CLEAR CHANNEL COMMUNICATIONS INC TX X X 07/23/04 CLOSURE MEDICAL CORP DE X X 07/22/04 CNB BANCORP INC /NY/ NY X X 07/22/04 CNL RETIREMENT PROPERTIES INC MD X X X 06/29/04 COMMERCIAL CAPITAL BANCORP INC NV X X 07/26/04 COMMERCIAL CAPITAL BANCORP INC NV X X 07/26/04 COMMERCIAL CAPITAL BANCORP INC NV X X 07/26/04 COMMUNITY WEST BANCSHARES / CA X X 07/23/04 COMPUWARE CORPORATION MI X X 07/22/04 CONGOLEUM CORP DE X X 07/26/04 CONSOL ENERGY INC X 07/26/04 CONSOL ENERGY INC X X 07/26/04 CORIO INC DE X X 07/26/04 COUNTRYWIDE FINANCIAL CORP DE X 06/30/04 COVENTRY HEALTH CARE INC DE X X 06/30/04 CRAWFORD & CO GA X X 07/26/04 CREDIT SUISSE FIRST BOSTON MORT SEC H DE X X 07/25/04 CREDIT SUISSE FIRST BOSTON MORTGAGE A DE X X 07/26/04 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X X 07/23/04 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X X 07/23/04 Credit Suisse First Boston Mortgage S DE X X 07/25/04 CWABS INC DE X X 07/23/04 CWABS INC ASSET-BACKED CERTIFICATES DE X 05/25/04 CWABS INC ASSET-BACKED CERTIFICATES DE X 04/25/04 CWMBS 2004-J4 DE X 05/25/04 CWMBS 2004-J4 DE X 06/25/04 DATAMEG CORP NY X 07/26/04 DELCO REMY INTERNATIONAL INC DE X 07/26/04 DENTSPLY INTERNATIONAL INC /DE/ DE X X 07/26/04 DIAMOND HILL INVESTMENT GROUP INC OH X 07/26/04 DOUBLE EAGLE PETROLEUM CO MD X X 07/26/04 DREYERS GRAND ICE CREAM HOLDINGS INC DE X X 07/26/04 DREYERS GRAND ICE CREAM HOLDINGS INC DE X X 07/26/04 DSL NET INC DE X 03/11/04 DUANE READE INC DE X 07/19/04 DYNAMIC HEALTH PRODUCTS INC FL X X 07/26/04 EARTHLINK INC DE X X 07/26/04 ELECSYS CORP KS X X 07/26/04 ENDOCARE INC DE X X 07/23/04 ENDURANCE SPECIALTY HOLDINGS LTD X 07/26/04 ENTERPRISE PRODUCTS PARTNERS L P DE X X 07/26/04 ENTRUST INC MD X X 07/26/04 EQUITY ONE INC MD X X 07/26/04 EQUITY ONE INC MD X X 07/22/04 AMEND EUREKA FINANCIAL CORP X X 07/26/04 EUROWEB INTERNATIONAL CORP DE X X 07/22/04 AMEND EVERGREENBANCORP INC WA X X 07/26/04 FEDERAL TRUST CORP FL X X 07/23/04 FIRST CHESTER COUNTY CORP PA X 06/30/04 FIRST CITIZENS BANCSHARES INC /DE/ DE X X 07/26/04 FIRST EQUITY PROPERTIES INC NV X X X 05/01/04 FIRST FINANCIAL SERVICE CORP KY X X 07/21/04 FIRST HORIZON ASSET SECURITIES INC DE X X 07/26/04 FIRST HORIZON ASSET SECURITIES INC DE X X 07/26/04 FIRST INDIANA CORP IN X X 07/26/04 FIRST PLACE FINANCIAL CORP /DE/ DE X X 07/23/04 FISHER SCIENTIFIC INTERNATIONAL INC DE X X 07/21/04 FLANDERS CORP NC X 06/30/04 FLEXIBLE SOLUTIONS INTERNATIONAL INC NV X X 07/23/04 FLEXTRONICS INTERNATIONAL LTD X X 07/22/04 FOOTSTAR INC DE X 07/26/04 FOUNDRY NETWORKS INC DE X 07/23/04 FOUR OAKS FINCORP INC NC X X 07/26/04 FRANKLIN FINANCIAL SERVICES CORP /PA/ PA X X 07/23/04 FRISCHS RESTAURANTS INC OH X 07/26/04 GABELLI ASSET MANAGEMENT INC NY X X X 07/23/04 GENE LOGIC INC DE X X 07/26/04 GENESIS MICROCHIP INC /DE DE X X 07/26/04 GEXA CORP TX X X 07/26/04 GMAC COMMERCIAL MORTGAGE SECURITIES I DE X X 07/23/04 GORMAN RUPP CO OH X 07/22/04 GREAT PEE DEE BANCORP INC DE X X 07/20/04 GREENPOINT MORTGAGE SECURITIES LLC DE X X 07/15/04 GS MORTGAGE SECURITIES CORP DE X 07/22/04 GS MORTGAGE SECURITIES CORP DE X X 07/22/04 HANMI FINANCIAL CORP DE X X 04/30/04 AMEND HARRIS & HARRIS GROUP INC /NY/ NY X 06/30/04 HCA INC/TN DE X X 07/26/04 HEARTLAND FINANCIAL USA INC DE X X 06/30/04 HMN FINANCIAL INC DE X X 07/23/04 HOST MARRIOTT CORP/ MD X X 05/11/04 HOST MARRIOTT L P DE X X 05/11/04 HUMANA INC DE X 06/30/04 IMMERSION CORP DE X 07/26/04 INCOME OPPORTUNITY REALTY INVESTORS I NV X X X 07/15/04 INERGY L P DE X X 07/26/04 INTEGRA BANK CORP IN X X 07/26/04 INTEGRITY BANCSHARES INC GA X X 07/23/04 INTERNATIONAL PAPER CO /NEW/ NY X 07/26/04 J P MORGAN ACCEPTANCE CORP I DE X 07/26/04 J&J SNACK FOODS CORP NJ X X 07/21/03 JARDEN CORP DE X X 07/26/04 KELLOGG CO DE X 06/26/04 KEYCORP STUDENT LOAN TRUST 2000-B DE X X 07/26/04 KEYCORP STUDENT LOAN TRUST 2003-A DE X X 07/26/04 KEYNOTE SYSTEMS INC DE X X 07/26/04 KING PHARMACEUTICALS INC TN X X 07/23/04 KS BANCORP INC NC X X 07/23/04 LANDRYS RESTAURANTS INC DE X X 07/26/04 LIBERTY MEDIA INTERNATIONAL INC DE X X 07/01/04 AMEND LIONBRIDGE TECHNOLOGIES INC /DE/ DE X X 07/26/04 LITHIA MOTORS INC OR X 07/26/04 LL&E ROYALTY TRUST TX X X X 07/26/04 LOGICVISION INC DE X 07/26/04 LONG ISLAND FINANCIAL CORP DE X X 07/23/04 LQ CORP INC DE X X 07/22/04 MAJOR AUTOMOTIVE COMPANIES INC NV X X 07/23/04 MANDALAY RESORT GROUP NV X X 07/26/04 MB FINANCIAL INC /MD MD X 07/26/04 MERCANTILE BANKSHARES CORP MD X X 07/20/04 MERCURY AIR GROUP INC NY X X 07/23/04 METROCORP BANCSHARES INC X 07/22/04 METROLOGIC INSTRUMENTS INC NJ X X 07/22/04 METROMEDIA INTERNATIONAL GROUP INC DE X 07/23/04 AMEND MGM MIRAGE DE X X 07/23/04 MICRON ENVIRO SYSTEMS INC NV X 07/26/04 MICROVISION INC WA X X 07/22/04 MILITARY COMMUNICATIONS TECHNOLOGIES DE X 07/19/04 MILL CREEK RESEARCH INC UT X 07/21/04 MINDEN BANCORP INC X X 07/23/04 MIRACOR DIAGNOSTICS INC UT X X 07/19/04 MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 07/22/04 MotivNation, Inc. X X X 05/11/04 AMEND MUTUALFIRST FINANCIAL INC MD X X 07/23/04 MYLAN LABORATORIES INC PA X X 07/23/04 MYLAN LABORATORIES INC PA X X 07/26/04 NARA BANCORP INC DE X X X 07/21/04 NATIONSLINK FUNDING CORP 1999-LTL-1 C DE X 07/22/04 NEOGEN CORP MI X X 07/21/04 NETMANAGE INC DE X X 07/26/04 NEW MOUNTAINTOP CORP DE X 07/12/04 NOMURA ASSET ACCEPTANCE CORP DE X X 07/22/04 NORTH BAY BANCORP/CA CA X 07/21/04 NOVATEL WIRELESS INC DE X X X 07/26/04 NS GROUP INC KY X X 07/26/04 NUANCE COMMUNICATIONS CA X X 06/30/04 OLD POINT FINANCIAL CORP VA X X 07/21/04 OMNICARE INC DE X X 07/26/04 ONE LINK 4 TRAVEL INC DE X X 07/24/04 ORTHODONTIC CENTERS OF AMERICA INC /D DE X X 04/20/04 AMEND PACIFIC MAGTRON INTERNATIONAL CORP NV X 07/26/04 PAM TRANSPORTATION SERVICES INC DE X X 07/26/04 PARADYNE NETWORKS INC DE X X 07/26/04 PAYLESS SHOESOURCE INC /DE/ DE X 07/23/04 PC MALL INC DE X 07/26/04 PEAK INTERNATIONAL LTD D0 X 07/22/04 PEOPLES BANCORPORATION INC /SC/ SC X X 07/20/04 PETROLEUM DEVELOPMENT CORP NV X 07/23/04 PHILADELPHIA CONSOLIDATED HOLDING COR PA X X 07/22/04 PILGRIMS PRIDE CORP DE X 07/03/04 PILGRIMS PRIDE CORP DE X 07/26/04 PILGRIMS PRIDE CORP DE X 07/26/04 PILGRIMS PRIDE CORP DE X 07/26/04 AMEND PITNEY BOWES INC /DE/ DE X X 06/30/04 PNM RESOURCES INC NM X 07/26/04 PNM RESOURCES INC NM X 07/26/04 POORE BROTHERS INC DE X X 07/22/04 PPOL INC CA X 07/26/04 PRICESMART INC DE X X X 07/20/04 PRINCIPAL Life Income Fundings TRUST X X 07/15/04 PRINCIPAL LIFE INCOME FUNDINGS TRUST DE X X 07/15/04 PRINCIPAL Life INCOME FUNDINGS TRUST X X 07/15/04 PRINCIPAL LIFE INCOME FUNDINGS TRUST DE X X 07/15/04 PRIVATEBANCORP INC DE X 07/26/04 PROSOFTTRAINING COM NV X X 07/23/04 PROTECTIVE LIFE INSURANCE CO TN X 07/22/04 PROVIDENT FINANCIAL HOLDINGS INC DE X 07/26/04 AMEND PROVIDIAN FINANCIAL CORP DE X X 07/26/04 PULASKI FINANCIAL CORP DE X X 07/26/04 QUALITY EXCHANGE INC NV X X X 07/22/04 QUANTA SERVICES INC DE X X 07/23/04 QUIXOTE CORP DE X X X 07/20/04 RASER TECHNOLOGIES INC UT X X 07/26/04 RENAISSANCE LEARNING INC WI X X X 07/19/04 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 07/26/04 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 07/26/04 RIVIERA HOLDINGS CORP NV X X X 07/21/04 ROANOKE ELECTRIC STEEL CORP VA X X 07/26/04 RPM INTERNATIONAL INC/DE/ DE X 07/26/04 RUDOLPH TECHNOLOGIES INC DE X X 06/30/04 SAMI MTG P/T CERT SERIES 2003-AR3 X X 07/20/04 SCHERING PLOUGH CORP NJ X X 07/23/04 SCO GROUP INC DE X X 07/21/04 SERVICE CORPORATION INTERNATIONAL TX X X 07/26/04 SHIRE PHARMACEUTICALS GROUP PLC X X 07/26/04 SILICON LABORATORIES INC DE X X 07/26/04 SMITHWAY MOTOR XPRESS CORP NV X X 07/23/04 SONICWALL INC CA X X 07/26/04 SPECTRALINK CORP CO X X 07/22/04 STELLENT INC MN X X 07/22/04 STERLING FINANCIAL CORP /WA/ WA X X 07/26/04 STEWART ENTERPRISES INC LA X 07/26/04 STRUCTURED ASSET MORT PASS THRU CERTS DE X X 07/20/04 Structured Asset Mort Pass Thru Certs DE X X 07/21/04 STRUCTURED ASSET MORTGAGE INVEST TRUS NY X X 07/20/04 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X X 07/20/04 STRUCTURED ASSET MORTGAGE INVESTMENTS X X 07/21/04 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X X 07/20/04 SVB FINANCIAL SERVICES INC NJ X X 07/26/04 SYBASE INC DE X X 07/22/04 TCF FINANCIAL CORP DE X X X 07/26/04 TELECOM COMMUNICATIONS INC X X 07/22/04 TEMECULA VALLEY BANCORP INC DE X 07/26/04 TERAYON COMMUNICATION SYSTEMS DE X X 07/26/04 TETRA TECHNOLOGIES INC DE X X 07/26/04 TETRA TECHNOLOGIES INC DE X X 07/15/04 TEXAS REGIONAL BANCSHARES INC TX X X 07/26/04 THERMO ELECTRON CORP DE X X 06/26/04 TITAN INTERNATIONAL INC IL X X 07/26/04 TOWER AUTOMOTIVE INC DE X X 07/26/04 TRANSACT TECHNOLOGIES INC DE X X 07/26/04 TRINITY LEARNING CORP UT X X 07/08/04 AMEND TYSON FOODS INC DE X X 06/26/04 UNIFI INC NY X X 12/29/03 UNIVERSAL BEVERAGES HOLDINGS CORP FL X X 07/26/04 UNOVA INC DE X X X 07/23/04 VALERO L P DE X X 07/26/04 VANGUARD HEALTH SYSTEMS INC DE X X 07/23/04 VEECO INSTRUMENTS INC DE X X 07/26/04 VERISITY LTD X 07/26/04 VERTEX PHARMACEUTICALS INC / MA MA X 07/26/04 VESTA INSURANCE GROUP INC DE X 07/26/04 VISION SCIENCES INC /DE/ DE X 07/26/04 VITRIA TECHNOLOGY INC DE X 07/26/04 WACCAMAW BANKSHARES INC NC X 07/26/04 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 07/26/04 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 07/26/04 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 07/26/04 WAYPOINT FINANCIAL CORP PA X 07/22/04 AMEND WEBSTER CITY FEDERAL BANCORP X X 07/23/04 WELLS REAL ESTATE INVESTMENT TRUST II MD X 06/23/04 AMEND WESTERN SIERRA BANCORP CA X 07/23/04 WIDECOM GROUP INC A6 X 07/26/04 WILBER CORP X X 07/26/04 WINTHROP CALIFORNIA INVESTORS LTD PAR DE X 07/22/04 WRC MEDIA INC DE X X 07/26/04 WYNN RESORTS LTD X 07/21/04 Y3K SECURE ENTERPRISE SOFTWARE INC NV X 07/22/04 COGNIZANT TECHNOLOGY SOLUTIONS CORP X X 07/26/04 EAGLE MATERIALS INC DE X X 07/26/04 FEDERAL TRUST CORP FL X X 07/20/04