SEC NEWS DIGEST Issue 2003-243 December 23, 2003 COMMISSION ANNOUNCEMENTS JOINT RELEASE: Board of Governors of the Federal Reserve System Commodity Futures Trading Commission Federal Deposit Insurance Corporation Federal Trade Commission National Credit Union Administration Office of the Comptroller of the Currency Office of Thrift Supervision Securities and Exchange Commission FEDERAL REGULATORS SEEK PUBLIC COMMENT ON WAYS TO IMPROVE PRIVACY NOTICES Eight federal regulators today announced an advance notice of proposed rulemaking (ANPR) requesting public comment on ways to improve the privacy notices financial institutions provide to consumers under the Gramm-Leach-Bliley Act (GLB Act). The ANPR describes various approaches that the agencies could pursue to allow or require financial institutions to provide alternative types of privacy notices that would be more readable and useful to consumers. It also seeks comment on whether differences between federal and state laws pose any special issues for developing a short privacy notice. Section 503 of the GLB Act requires financial institutions to provide a notice to each customer that describes the institution's policies and practices regarding the disclosure to third parties of nonpublic personal information. In 2000, the agencies published consistent final regulations that implement these provisions, including sample clauses that institutions may use in privacy notices. However, the regulations do not prescribe any specific format or standardized wording for privacy notices. The agencies do not propose the adoption of any specific action at this time to improve privacy notices. Instead, the agencies request input on what approaches would be most useful to consumers while taking into consideration the burden on financial institutions. The ANPR was developed jointly by the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Federal Trade Commission, National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision, and Securities and Exchange Commission. The agencies will evaluate the public comments on the ANPR with a view toward developing proposals for appropriate interpretations or amendments to their respective regulations. In the event that the agencies decide to proceed, the agencies expect to do so through proposed rulemaking. The agencies also expect that consumer testing will be a key component in the development of any specific proposal. A copy of the ANPR is attached. Written comments may be submitted within 90 days of its publication in the Federal Register, which is expected in early January. (Press Rel. 2003-181) SEC HALTS $800 MILLION INVESTMENT FRAUD IN ORANGE COUNTY The Commission announced today the filing of charges to halt a fraudulent scheme in which over 5,200 investor accounts purportedly hold investments of over $813 million through an Orange County, Calif., business known as Financial Advisory Consultants (FAC). The SEC's complaint, filed yesterday in federal district court, names James P. Lewis, Jr., of Laguna Niguel, Calif., who allegedly has sold securities in two funds, known as the Income Fund, Ltd. and the Growth Fund, Ltd., since 1983 through FAC. Also today, the Honorable Audrey B. Collins, United States District Judge for the Central District of California, issued a temporary restraining order against Lewis, which temporarily restrains him from committing future securities fraud violations and freezes the assets of Lewis, FAC, and the Funds. Randall Lee, Director of the SEC's Pacific Regional Office, stated, "Our action alleges that the defendant has refused to honor withdrawal requests from over 150 investors based on the false claim that the Department of Homeland Security had frozen the Funds' accounts. What's worse, he continued to solicit new investors and he personally withdrew $3 million from one of the Funds even as he denied other investors the same opportunity - classic indicia of a Ponzi scheme." The Commission's complaint alleges that for almost 20 years, Lewis, doing business as FAC, sold interests in the Funds. According to the Funds' offering documents, the Income Fund purportedly invests in equipment leasing and insurance premium financing programs and has purportedly realized an average annual return of more than 19% per year since its inception in 1983; and the Growth Fund purportedly buys and sells distressed businesses and has purportedly realized an average annual return of almost 39% per year since its inception in 1987. Lewis has paid about $1.6 million per month in regular withdrawals and about $4 to $7 million per month in other withdrawals. Lewis, FAC, and the Funds are not registered with the Commission. The Commission's complaint further alleges that since about June 2003, Lewis has not honored many requests to withdraw monies by investors in the Funds. Instead, Lewis has misrepresented to the investors that FAC's and the Funds' accounts had been frozen by the Department of Homeland Security. The Commission's complaint alleges that the Department of Homeland Security has not frozen FAC's and the Funds' accounts, and that Lewis, either directly or indirectly, posed as a Department of Homeland Security official in an attempt to convince FAC administrative personnel that the freeze existed. The Commission complaint further alleges that while he has failed to honor many withdrawal requests, Lewis has been accepting new investments into the Funds, reinvesting the investors' purported profits in the Funds, soliciting certain investors to make additional large investments in the Funds, and honoring certain investors' withdrawal requests. In addition, about the time that Lewis began to tell Fund investors that FAC's and the Funds' accounts had been frozen by the Department of Homeland Security, Lewis withdrew $3 million from his Income Fund account. The district court's order temporarily restrains Lewis from future violations of the antifraud provisions of 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. The court's order also freezes the assets of Lewis, FAC, and the Funds; orders Lewis to account for his, FAC's, and the Funds' assets and not to destroy any documents; grants expedited discovery; and orders Lewis to show cause why a preliminary injunction should not be entered against him. A hearing on the preliminary injunction is scheduled for January 7, 2004. In addition to the emergency relief granted on December 23, 2003, the Commission seeks against Lewis a permanent injunction from future securities fraud violations, disgorgement of all ill-gotten gains plus interest, and civil penalties. (Press Rel. 2003-182) SEC FILES EMERGENCY ACTION AGAINST SECURITY BROKERAGE, INC. AND DANIEL CALUGAR FOR ENGAGING IN MUTUAL FUND LATE TRADING AND MARKET TIMING SCHEMES Court Orders Immediate Freeze of Defendants' Assets and Orders Defendants Not to Destroy Documents The Commission yesterday filed civil fraud charges against Security Brokerage, Inc. of Las Vegas and its president and majority owner, Daniel Calugar, for their participation in a scheme to defraud mutual fund shareholders through improper late trading and market timing. From at least 2001 to 2003, Calugar, trading through Security Brokerage, reaped profits of approximately $175 million from improper late trading and market timing, principally through mutual funds managed by Alliance Capital Management and Massachusetts Financial Services (MFS). Calugar, age 49, is an attorney with residences in Las Vegas and Los Angeles. Based on the SEC's application, United States District Judge Robert Clive Jones of the District of Nevada issued a temporary restraining order freezing the assets of the defendants, prohibiting the destruction of documents, and granting expedited discovery. The court scheduled a hearing for Jan. 5, 2004, on the SEC's application for a preliminary injunction. The SEC applied for the emergency relief after learning that on Dec.18, 2003, Calugar had transferred $50 million of proceeds from his scheme out of MFS. This transfer occurred on the same day that the Commission instituted an enforcement action against Alliance in connection with market timing activity. The Commission's action against Alliance identified Calugar as the largest market timer at Alliance. Stephen M. Cutler, Director of the SEC's Division of Enforcement, stated, "Our enforcement action and request for an asset freeze against Daniel Calugar further reflect the Commission's resolve to ensure that the proceeds of illegal late trading and market timing are returned to investors. When we learned Calugar was seeking to transfer $50 million out of his mutual fund account, we took prompt action." Randall R. Lee, Regional Director of the SEC's Pacific Regional Office, added, "Calugar's market timing and late trading were phenomenally profitable to him and came at the expense of long-term mutual fund shareholders. By obtaining a court order freezing Calugar's assets, the Commission has taken action to preserve funds to be returned to the victims of his illegal schemes." The SEC's complaint, filed in U.S. District Court in Las Vegas, alleges as follows: * Late Trading -- "Late trading" refers to the practice of placing orders to buy or sell mutual fund shares after market close at 4:00 p.m. EST, but at the mutual fund's NAV, or price, determined at the market close. Late trading enables the trader to profit from market events that occur after 4:00 p.m. EST but that are not reflected in that day's price. Because Security Brokerage was a self-clearing broker-dealer, it was permitted to submit trades that it received from its clients before 4:00 p.m. EST to the National Securities Clearing Corporation (NSCC) after 4:00 p.m. EST. Security Brokerage created false internal records in which the order time for all trades was entered as 3:59 p.m. EST. Calugar, who was trading on his own behalf and therefore making trading decisions, routinely sent trades for his own account to the NSCC one to two hours after 4:00 p.m. EST, even though he had no legitimate reason for doing so. * Market Timing -- "Market timing" refers to the practice of short term buying and selling of mutual fund shares in order to exploit inefficiencies in mutual fund pricing. From at least 2001 to September 2003, the defendants engaged in extensive market timing of Alliance and MFS funds despite knowing that the prospectuses for those funds either prohibited or discouraged timing and that timing was not available to most investors. With Alliance, Calugar agreed to make long-term investments (referred to as "sticky assets") in Alliance hedge funds in exchange for Alliance permitting him to engage in market timing in its mutual funds. Calugar made a similar proposal to MFS which was not accepted, but he nevertheless continued to engage in market timing in MFS funds. Security Brokerage and Calugar are charged with violating the antifraud provisions of the federal securities laws, 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. In addition to the emergency relief granted by the court, the SEC is seeking a judgment of permanent injunction, disgorgement of ill-gotten gains, and monetary penalties. (Press Rel. 2003-183) COMMISSION MEETINGS CLOSED MEETING - TUESDAY, DECEMBER 23, 2003 - 2:00 P.M. The subject matter of the closed meeting held on December 23, at 2:00 p.m., was: Settlement of an injunctive action. 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. ENFORCEMENT PROCEEDINGS SEC SETTLES WITH FORMER JOSEPHTHAL BRANCH OFFICE MANAGER FOR FAILURE TO SUPERVISE On December 22, the Commission announced settlement of public administrative proceedings against Richard M. Ohlhaber (Ohlhaber). Ohlhaber was a branch office manager for Josephthal & Co., Inc. (Josephthal), a broker-dealer formally registered with the Commission. The Commission's order found that, from at least October 1998 through May 2001, Ohlhaber failed reasonably to supervise two registered representatives in Josephthal's Addison, Texas branch office, who were subject to his direct supervision. The two registered representatives, each of whom had a disciplinary history or a history of customer complaints and who were subject to special supervision, engaged in fraudulent sales practices by making excessive, unsuitable and unauthorized trades in certain of their customers' accounts. While ostensibly performing special supervisory procedures, Ohlhaber failed reasonably to supervise the first representative, when he failed to respond to red flags showing evidence of excessive and unsuitable trading in three of the customers' accounts and, over the objection of the customer, refused to reverse unauthorized trades. Ohlhaber failed reasonably to supervise the second registered representative when, during a six-month special supervisory period, he continued to approve numerous unsuitable securities transactions in the accounts of two unsophisticated investors. Additionally, during this same period, Ohlhaber never contacted the customer to verify the trading activity in the account, a period in which 19 unauthorized trades were made. Without admitting or denying the Commission's findings, Ohlhaber agreed to be barred from association with any broker or dealer in any supervisory capacity with the right to reapply for association after three years and to pay a civil money penalty of $50,000. (Rel. 34-48968; File No. 3-11161) REVOCATION OF REGISTRATION OF THE COMMON STOCK OF ROCKY MOUNTAIN ENERGY CORPORATION The Commission announced the revocation of the registration of the common stock of Rocky Mountain Energy Corporation (Rocky Mountain) of Houston, Texas, registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934 (Exchange Act) on December 23, pursuant to Section 12(j) of the Exchange Act. In its Order, issued pursuant to Section 12 of the Exchange Act, the Commission found the following: Rocky Mountain failed to comply with Sections 10(b) and 13(a) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, 13a-11, and 13a- 13 thereunder for filing materially false and misleading reports with the Commission. Among other things, the reports misrepresented the terms of certain merger transactions, misrepresented the number of shares issued and outstanding, and failed to disclose the issuance of millions of shares of stock. The Commission presently has a civil action pending in the U.S. District Court for the Southern District of Texas (SEC v. Rocky Mountain Energy Corp., et al., No. H-03-CV-1133) seeking injunctions against Rocky Mountain and others for, among other things, violations of the securities registration and anti-fraud provisions of the federal securities laws. 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 the Registration of the Common Stock Pursuant to 12(j) of the Securities Exchange Act of 1934, Rocky Mountain consented to the entry of an order finding that it had failed to comply with Sections 10(b) and 13(a) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, 13a-11, and 13a- 13 thereunder and revoking the registration of its common stock. For further information, see SEC v. Rocky Mountain Energy Corporation, USDC/SDTX/Houston Division, Civil Action No. H-03-CV-1133] (LR-18069). (Rel. 34-48974; File No. 3- 11364) COMMISSION DECLARES DECISION AS TO INVESTCO, INC. FINAL The Commission has declared final the initial decision of an administrative law judge revoking the registration of all securities of Investco, Inc. The law judge found that Investco failed to file its annual reports for years ended Dec. 31, 2001 and Dec. 31, 2002; and its quarterly reports for quarters ended March 31, 2002, June 30, 2002, Sept. 30, 2002, March 31, 2003, and June 30, 2003. The law judge found that Investco violated Section 13(a) of the Securities Exchange Act of 1934 and Exchange Act Rules 13a-1 and 13a- 13. (Rel. 34-48988; File No. 3-11228) SEC CHARGES THREE FLORIDA COMPANIES AND OTHERS IN OFFERING FRAUD The Commission announced today it filed a civil action in federal court in Miami, Florida against Opsis Technologies International, Inc. (Opsis), a Delaware corporation with a purported principal office in Boca Raton, Florida; Venture Capital Holdings, LLC (VCH), a company with an office in Boca Raton, Florida identified as "exclusive consulting agents" for sales of Opsis securities; M&T Consulting Group, LLC, another company with an office in Boca Raton, Florida which sold Opsis securities; Michael Kordich, a principal of VCH; Joseph Catapano, a principal of M&T; and Aaron Andrzejewski a/k/a Aaron Andrews, an associate of M&T. The complaint alleges that the defendants deceived investors by falsely claiming that Opsis was on the verge of conducting an initial public stock offering, and by making baseless projections about the price at which Opsis stock would trade on the secondary market. According to the complaint, Opsis has not filed a registration statement with the Commission or otherwise taken any meaningful steps toward conducting an IPO. The complaint also alleges that the defendants falsely claimed that (i) Opsis held rights to a purportedly patented "smart card" technology called the Op- Card; and (ii) Opsis had a partnership with a prestigious university relating to the use of "smart cards." The complaint seeks, as to each defendant, (i) a permanent injunction against violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), and Rule 10b- 5; (ii) an accounting; (iii) disgorgement, together with pre- judgment interest; and (iv) civil penalties. In addition, the complaint seeks, as to each defendant other than Opsis, a permanent injunction against violations of Sections 15(a) of the Exchange Act, and an order barring them from participating in an offering of penny stock. The litigation is pending. [SEC v. Opsis Technologies International, Inc., et al., Case No. 03-62251-CIV-MARTINEZ, Magistrate Judge:Klein (S.D. Fla.)] (LR-18518) JURY CONVICTS FORMER CHAIRMAN AND CEO OF NESCO, INC., OF FINANCIAL FRAUD On December 16, a federal jury in Tulsa, Oklahoma, convicted Eddy L. Patterson, the former chairman and chief executive officer of Tulsa-based Nesco, Inc., of securities fraud, bank fraud and tax-relegated offenses. Patterson, 59, was convicted for his role in fraudulently inflating the accounts of Nesco, a former NASDAQ company once recognized by Fortune Small Business Magazine as one of America's 100 fastest growing small companies (OTC: NESCQ). Patterson is scheduled to be sentenced in March 2004. Patterson's wife, Judith Ray Patterson, was also convicted of tax-related offenses. On May 7, 2003, the Commission filed a civil securities fraud case in the U.S. District Court for the Northern District of Oklahoma (Tulsa Division) against Patterson (see Lit. Rel No. 18125). The SEC charged Patterson with financial fraud and other securities law violations related to his orchestration of a false invoice scheme that inflated Nesco's assets and revenue for its fiscal year 2000 and first quarter 2001 by over $2 million. The SEC's action was brought in close coordination with the U. S. Attorneys' Office in Tulsa, Oklahoma and the Internal Revenue Service- Criminal Investigation Division. According to the SEC's complaint, Patterson was Nesco's chairman and CEO at all relevant times until August 16, 2001, when the company's board of directors forced him to resign. Assisted by Nesco's now deceased former controller, Patterson grossly overstated the company's earnings by booking 28 bogus customer invoices totaling $2,153,986 in the fourth quarter of 2000 and one invoice totaling $183,385 in the first quarter of 2001. These false invoices resulted in overstatements to Nesco's pretax income for those periods of 400% and 175%, respectively. Nesco included these false figures in its annual and quarterly reports filed with the SEC. The complaint further alleges that Patterson, who had borrowed heavily to acquire large amounts of Nesco stock, devised the fraudulent scheme to conceal the company's dismal financial performance from investors, bolstering Nesco's share price and preventing his personal financial ruin. The SEC's complaint further alleged that Patterson lied to Nesco's auditor to prevent discovery of the scheme during its audit of the company's 2000 fiscal year. According to the SEC's complaint, Nesco's management became suspicious of the company's financial statements for the 2000 fiscal year and commenced an internal investigation in May 2001. This investigation ultimately revealed Patterson's fraud and caused Nesco to compel his immediate resignation from the company on Aug. 16, 2001. Further, Nesco voluntarily issued a press release disclosing its financial overstatements, restated its financial results for its fiscal year 2000 and first quarter 2001, and continued its internal investigation to ensure that it had uncovered the whole scheme and any other financial mismanagement. Nesco also fully cooperated with the SEC in its investigation of the matter. The SEC's case, which is continuing, requests that Patterson be permanently enjoined from future securities violations, that a civil monetary penalty be assessed against him, that he be ordered to disgorge the full amount of compensation he received from Nesco during the relevant period, including salary and bonuses, with prejudgment interest, and that he be barred from serving in the future as an officer or director of a public company. On May 7, 2003, the SEC also announced the institution of cease-and-desist proceedings against Nesco based on the aforementioned misconduct. The SEC simultaneously accepted Nesco's offer to consent to a cease-and-desist order. The order, in charging violations of Sections 13(a) and 13(b)(2) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder, orders Nesco to cease and desist from committing or causing any future violations of the above books and records, reporting, and internal controls provisions. Additional information can be found in Litigation Release No. 18125 (May 7, 2003). [U.S. v. Eddy Lynn Patterson, USDC, District of Oklahoma, Criminal Action No. 03-CR-55- ALL]; [SEC v. Eddy Lynn Patterson, Defendant, Civil Action No. 03 CV-302 (USDC/NDOK) (Tulsa Division)] (LR-18519; AAE Rel. 1933) FINAL CONSENT JUDGMENT ENTERED AGAINST MARCO FIORE, JR., BENJAMIN SALMONESE, JR., THOMAS DECEGLIE, DAVID LAVENDER, AND PETER RESTIVO The Commission announced today that the U.S. District Court for the Southern District of New York entered final judgments by consent on Nov. 20, 2003, against Marco G. Fiore, Jr. (Fiore) of East Islip, New York, Benjamin V. Salmonese, Jr. (Salmonese) of Old Bridge, New Jersey, Thomas DeCeglie (DeCeglie) of Old Bridge, New Jersey, David C. Lavender (Lavender) of Staten Island, New York, and Peter C. Restivo (Restivo) of Valley Stream, New York, in an action brought by the Commission for deceptive and fraudulent sales practices in connection with the 1996 initial public offering of the securities of Thermo-Mizer Environmental Corp. (Thermo-Mizer) by Nationwide Securities Corporation (Nationwide), a now dissolved Texas registered broker- dealer. The Commission's complaint alleged that, from between approximately January 1996 and March 1996, at the direction and under the control of Fiore and Salmonese, the control persons at Nationwide's New York City branch office, DeCeglie, Lavender, and Restivo used a variety of fraudulent sales practices to sell Thermo-Mizer securities to customers of Nationwide and thereafter, in aftermarket trading, inflate artificially the market price of, and demand for, Thermo-Mizer securities so that the defendants could sell their own holdings of Thermo-Mizer at an inflated price. Without admitting or denying the allegations of the Commission's complaint, Fiore, Salmonese, DeCeglie, Lavender, and Restivo consented to the entry of the Court's Final Judgments. The Final Judgments permanently enjoin Fiore, Salmonese, DeCeglie, and Lavender from further violations of Sections 5 and 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act, Rule 10b-5, and Rules 101 and 102 of Regulation M promulgated thereunder. In the case of Restivo, who already has been enjoined from future violations of the registration and anti-fraud provisions of the federal securities laws in SEC v. Emsanet Internet Services, Inc., et al., Lit. Rel. No. 17801 (E.D.N.Y. Oct. 23, 2002), the Final Judgment permanently enjoins him from further violations of Rules 101 and 102 of Regulation M and bars him, for a period of ten years from the entry of the Final Judgment, from participating in any unregistered offering. [SEC v. Marco G. Fiore, Jr., Benjamin V. Salmonese, Jr., Thomas Deceglie, David C. Lavender and Peter C. Restivo, Civil Action No. 00 Civ. 9422 (SDNY) (J.G.K.)] (LR- 18520) FORMER RENT-WAY EXECUTIVES RECEIVE PRISON SENTENCES FOR INVOLVEMENT IN RENT-WAY FINANCIAL FRAUD The Commission announced that Jeffrey Conway, Matthew Marini and Jeffrey Underwood were sentenced in connection with their respective roles in Rent-Way's $60 million financial reporting fraud. On July 22, 2003, Conway and Underwood each settled SEC charges against them and Marini partially settled charges against him. Each of the defendants also pleaded guilty to criminal charges against them on the same day. Conway, Rent-Way's former president and CFO, pleaded guilty to one count of conspiring to falsify Rent-Way's books and records. On November 25, 2003, Conway was sentenced to 13 months in prison and 2 years of supervised release, and was ordered to pay a $20,000 fine. Marini, Rent-Way's former controller and CAO, pleaded guilty to one count of securities fraud. On November 26, 2003, Marini, who cooperated in the investigations by the Department of Justice and the Commission, was sentenced to 3 months in prison, 3 months of home detention, and 2 years of supervised release. Underwood, Rent-Way's former vice president in charge of operations, pleaded guilty to one count of falsifying Rent- Way's books and records. On December 19, 2003, Underwood, who also cooperated in the investigations by the Department of Justice and the Commission, was sentenced to 2 years probation and ordered to pay a $7,000 fine. The Commission thanks the United States Attorney for the Western District of Pennsylvania and the Federal Bureau of Investigation for its assistance and cooperation in this matter. For additional information, see Litigation Release No. 18241 (July 22, 2003) and Accounting and Auditing Enforcement Release No. 1816 (July 22, 2003). [SEC v. RENT-WAY, INC., et al., 03 CIV. 231E (W.D.PA.)]; [U.S.v. JEFFREY A. CONWAY, 03-CR-31E (W.D.PA.)]; [U.S. v. MATTHEW J. MARINI, 03-CR-32E (W.D.PA.)]; [U.S. v. JEFFREY K. UNDERWOOD, 03-CR-33E (W.D.PA.)] (LR-18521; AAE Rel. 1934) COMMISSION SEEKS PENALTY AND INJUNCTION AGAINST SECURITIES ATTORNEY FOR HIS PART IN ILLEGAL SECURITIES OFFERING; ALSO SEEKS TO BAR HIM FROM FUTURE COMMISSION PRACTICE On December 19, the Commission filed to amend its complaint in a lawsuit against Rocky Mountain Energy Corporation, a Houston-based oil-and-gas company whose stock was formerly quoted on the OTC Bulletin Board, to name attorney Michael L. Labertew as a defendant. Labertew, age 39 of Park City, Utah, is the former securities counsel to Rocky Mountain. The Commission filed the original lawsuit in April 2003 in the U.S. District Court for the Southern District of Texas, alleging that Rocky Mountain, its president, and its general counsel had engaged in a fraudulent "pump-and-dump" scheme involving Rocky Mountain's stock. The amended complaint, alleges that, from June 2002 to December 2002, Labertew participated in an illegal distribution of approximately 47 million shares of Rocky Mountain stock in four unregistered share-exchange transactions. In connection with each transaction, Labertew prepared and filed a petition with a Utah state court on behalf of Rocky Mountain to obtain a court order approving the transaction pursuant to Section 3(a)(10) of the Securities Act of 1933. Section 3(a)(10) exempts from registration securities exchanged for other securities or property interests, as long as a court approves the transaction after a fairness hearing. The complaint alleges that, notwithstanding the court's approval, the Section 3(a)(10) exemption did not apply in this case because the four transactions were in fact shams forming part of a larger manipulation scheme orchestrated by Rocky Mountain's president, defendant John Ehrman. Labertew received 410,220 shares in the transactions, which he sold into the market for $62,088. In settlement of the Commission's lawsuit against him and without admitting or denying the allegations in the complaint, Labertew has consented to the entry of an agreed final judgment, permanently enjoining him from future violations of the securities-registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933, ordering disgorgement plus prejudgment interest, and ordering a civil penalty in the amount of $25,000. In addition, Labertew, based upon the anticipated entry of the civil injunction above, has agreed to the entry of a Commission administrative order pursuant to Rule 102(e) of the Commission's Rules of Practice, permanently suspending him from appearing or practicing as an attorney before the Commission. [SEC v. Rocky Mountain Energy Corporation, Inc., John N. Ehrman, W. Roderick Johnson, Sr., Michael L. Labertew, and John W. Ehrman, Jr. (Defendant Solely for Purposes of Equitable Relief) Case No. H-03-CV-1133 (USDC, S.D. Tex.)] (LR-18522) HOLDING COMPANY ACT RELEASES CENTERPOINT ENERGY, INC., ET AL. An order has been issued modifying existing authority regarding CenterPoint Energy Houston Electric, LLC (T&D Utility), an indirect electric public utility subsidiary of CenterPoint Energy, Inc., a registered holding company, to permit the T&D Utility to issue an additional $300 million principal amount of incremental external debt through June 30, 2005 (Authorization Period), increasing to $3.903 billion principal amount of incremental external debt that the T&D Utility is authorized to issue during the Authorization Period. (Rel. 35-27778) SELF- REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGE The Commission noticed and granted accelerated approval of a proposed rule change (SR-Amex-2003-24) submitted by the American Stock Exchange relating to the dissemination of customer limit orders. Publication of the notice is expected in the Federal Register is expected during the week of December 22. (Rel. 34-48957) PROPOSED RULE CHANGE The International Securities Exchange filed a proposed rule change (SR-ISE-2003-38) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 to increase the number of authorized shares of Class B Common Stock, Series B-2 from 130 to 160. The proposed increase would result in the creation of 30 additional Competitive Market Maker Memberships. Publication of the notice is expected in the Federal Register is expected during the week of December 22. (Rel. 34-48959) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the National Association of Securities Dealers to correct inaccurate descriptions of the territorial boundaries of two NASD District Offices (SR-NASD- 2003-166) 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 is expected during the week of December 22. (Rel. 34-48965) A proposed rule change (SR-NASD-2003-191) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., relating to an extension of the short sale rule and continued suspension of the primary market maker standards set forth in NASD Rule 4612 has become effective under Section 19(b)(3)(A)(ii) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of December 22. (Rel. 34-48967) A proposed rule change filed by the Pacific Exchange (SR-PCX- 2003-67) to impose a fee for telecommunication lines that support connectivity from various routing firms has become immediately effective under Section 19(b)(3)(A)(ii) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of December 22. (Rel. 34-48970) A proposed rule change filed by the Pacific Exchange (SR-PCX- 2003-69) pertaining to member-related fees has become immediately effective under Section 19(b)(3)(A)(ii) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of December 22. (Rel. 34-48971) A proposed rule change (SR-NASD-2003-190) filed by the National Association of Securities Dealers to interpret two provisions of new NASD Rule 2790 relating to initial public offerings has become immediately effective pursuant to Rule 19b-4 under the Securities Exchange Act of 1934. (Rel. 34- 48973) WITHDRAWALS GRANTED An order has been issued granting the application of Preferred Income Opportunity Fund Incorporated to withdraw its common stock, $.01 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on December 24. (Rel. 34-48977) An order has been issued granting the application of The Thai Capital Fund Inc. to withdraw its common stock, $.01 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on December 24. (Rel. 34-48978) An order has been issued granting the application of Preferred Income Fund Incorporated to withdraw its common stock, $.01 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on December 24. (Rel. 34-48979) An order has been issued granting the application of Big City Radio, Inc. to withdraw its common stock, $.01 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on December 24. (Rel. 34-48980) 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 NETTEL HOLDINGS INC, 2500 COLUMBIA HOUSE, BOULEVARD, VANCOUVER, WA, 98661, 360-696-3412 - 1,600,000 ($880,000.00) Equity, (File 333-111420 - Dec. 22) (BR. 07) S-4 LILLY ELI & CO, LILLY CORPORATE CTR, DROP CODE 1112, INDIANAPOLIS, IN, 46285, 3172762000 - 0 ($354,623,607.00) Equity, (File 333-111421 - Dec. 22) (BR. 01) S-11 ALANAR REAL ESTATE INVESTMENT TRUST SERIES 1 CORP, 101 S MAIN ST, SULLIVAN, IN, 47882, 0 ($25,000,000.00) Equity, (File 333-111422 - Dec. 22) (BR. 07) S-4 CCH II LLC, 12405 POWERSCOURT DR, ST LOUIS, MO, 63131, 314-965-0555 - 0 ($1,661,426,563.00) Non-Convertible Debt, (File 333-111423 - Dec. 22) (BR. 37) F-6 NEWS CORP LTD, NEWS AMERICA INC, 1211 AVENUE OF THE AMERICAS, NEW YORK, NY, 10036, 2128527000 - 300,000,000 ($15,000,000.00) ADRs/ADSs, (File 333-111424 - Dec. 22) (BR. 05) S-8 GENESIS BIOVENTURES INC, 1A - 3033 KING GEORGE HIGHWAY, SURREY, BRITISH COLUMBIA CAN, A1, V4P 1B8, 6045420820 - 50,000 ($500.00) Other, (File 333-111429 - Dec. 22) (BR. 01) S-8 DIAMOND POWERSPORTS INC, 5150 NW 109TH AVE., SUITE 4, SUNRISE, FL, 33351, (954)749-8606 - 750,000 ($210,000.00) Equity, (File 333-111430 - Dec. 22) (BR. 05) S-8 REDIFF COM INDIA LTD, MAHALAXMI ENGINEERING ESTATE, 1ST FLOOR, BEHIND KHILANI COLLEGE, MUMBAI, K7, 00000, 0119122444 - 560,000 ($2,811,200.00) Equity, (File 333-111432 - Dec. 22) (BR. 03) S-3 PERSISTENCE SOFTWARE INC, 1720 SOUTH AMPHLETT BLVD., 3RD FLOOR, SAN MATEO, CA, 94402, 6503417733 - 390,000 ($1,507,050.00) Equity, (File 333-111433 - Dec. 22) (BR. 03) S-3 IMPLANT SCIENCES CORP, 107 AUDUBON ROAD #5, WAKEFIELD, MA, 01880-1246, 7812460700 - 0 ($4,795,613.00) Equity, (File 333-111434 - Dec. 22) (BR. 36) S-1 JED OIL INC, 2600 4TH AVE. S.W., SUITE 500, CLAGARY ALBERTA, A0, T2P 2V6, 403-537-3250 - 9,325,000 ($51,287,500.00) Equity, (File 333-111435 - Dec. 22) (BR. 04) S-3 GENERAL CABLE CORP /DE/, 4 TESSENEER DRIVE, HIGHLAND HEIGHTS, KY, 41076, 6065728000 - 19,915,860 ($181,896,600.00) Equity, (File 333-111436 - Dec. 22) (BR. 06) S-8 RADA ELECTRONIC INDUSTRIES LTD, MEDINAT HAYEHIDIM 12, P O BOX 2059, HERZLIYA ISRAEL, L3, 4612, 2127348340 - 2,000,000 ($3,240,000.00) Equity, (File 333-111437 - Dec. 22) (BR. 36) S-3 FIDELITY NATIONAL FINANCIAL INC /DE/, 601 RIVERSIDE AVENUE, ,, JACKSONVILLE, FL, 32204, 904-854-8100 - 0 ($500,000,000.00) Other, (File 333-111438 - Dec. 22) (BR. 01) F-3 NEWS CORP LTD, NEWS AMERICA INC, 1211 AVENUE OF THE AMERICAS, NEW YORK, NY, 10036, 2128527000 - 0 ($824,239,413.72) Other, (File 333-111439 - Dec. 22) (BR. 05) S-3 MAVERICK TUBE CORPORATION, 16401 SWINGLEY RIDGE RD, STE 700, CHESTERFIELD, MO, 63017-1713, 6367331600 - 0 ($250,000,000.00) Equity, (File 333-111441 - Dec. 22) (BR. 06) S-3 TRANSGENOMIC INC, 12325 EMMET ST, OMAHA, NE, 68164, 4027385480 - 0 ($2,814,367.00) Equity, (File 333-111442 - Dec. 22) (BR. 36) S-3 MID STATE CAPITAL CORP, 0 ($1,200,000,000.00) Asset-Backed Securities, (File 333-111443 - Dec. 22) (BR. ) S-8 MAXXZONE COM INC, 1770 N GREEN VALLEY PARKWAY ST 3214, HENDERSON, NV, 89014, 702-616-7337 - 8,000,000 ($144,000.00) Equity, (File 333-111444 - Dec. 22) (BR. 08) S-8 VARCO INTERNATIONAL INC /DE/, 2000 WEST SAM HOUSTON PARKWAY SOUTH, SUITE 1700, HOUSTON, TX, 77042, 2819532200 - 10,000,000 ($10,000,000.00) Other, (File 333-111445 - Dec. 22) (BR. 04) S-3 EMERGE INTERACTIVE INC, 10315 102ND TERRACE, SEBASTIAN, FL, 32958, 5615897331 - 2,407,704 ($2,191,010.00) Equity, (File 333-111446 - Dec. 22) (BR. 08) S-8 CORILLIAN CORP, 3400 NW JOHN OLSEN PLACE, HILLSBORO, OR, 97124, 5036270729 - 1,000,000 ($5,580,000.00) Equity, (File 333-111447 - Dec. 22) (BR. 03) S-8 GLOBALSANTAFE CORP, 15375 MEMORIAL DRIVE, -, HOUSTON, TX, 77079-4483, 281-925-6000 - 1,000,000 ($24,420,000.00) Equity, (File 333-111448 - Dec. 22) (BR. 04) SB-2 ONE VOICE TECHNOLOGIES INC, 6333 GREENWICH DR #240, SAN DIEGO, CA, 92122, 6195524466 - 64,000,000 ($1,920,000.00) Equity, (File 333-111449 - Dec. 22) (BR. 03) S-1 MARTIN MIDSTREAM PARTNERS LP, 4200 STONE ROAD, KILGORE, TX, 75662, 9039836200 - 0 ($34,367,750.00) Equity, (File 333-111450 - Dec. 22) (BR. 04) S-3 GILEAD SCIENCES INC, 333 LAKESIDE DR, FOSTER CITY, CA, 94404, 6505743000 - 0 ($500,000,000.00) Other, (File 333-111451 - Dec. 22) (BR. 01) S-3 CHESAPEAKE CORP /VA/, 1021 E CARY ST, PO BOX 2350, RICHMOND, VA, 23219, 8046971000 - 0 ($300,000,000.00) Equity, (File 333-111452 - Dec. 22) (BR. 04) S-3 CHENIERE ENERGY INC, THREE ALLEN CENTER, 333 CLAY STREET SUITE 3400, HOUSTON, TX, 77002-4312, 2815784600 - 0 ($20,000,000.00) Unallocated (Universal) Shelf, (File 333-111454 - Dec. 22) (BR. 04) S-3 E DIGITAL CORP, 13114 EVENING CREEK DR S, SAN DIEGO, CA, 92128, 6196791504 - 23,832,025 ($13,226,774.00) Equity, (File 333-111455 - Dec. 22) (BR. 02) S-8 FMC CORP, 200 E RANDOLPH DR, CHICAGO, IL, 60601, 3128616000 - 3,000,000 ($97,740,000.00) Equity, (File 333-111456 - Dec. 22) (BR. 02) S-8 CHENIERE ENERGY INC, THREE ALLEN CENTER, 333 CLAY STREET SUITE 3400, HOUSTON, TX, 77002-4312, 2815784600 - 0 ($12,608,312.50) Equity, (File 333-111457 - Dec. 22) (BR. 04) S-8 THERMA WAVE INC, 1250 RELIANCE WAY, FREMONT, CA, 94539, 5104903663 - 0 ($8,910,000.00) Equity, (File 333-111458 - Dec. 22) (BR. 36) S-8 THERMA WAVE INC, 1250 RELIANCE WAY, FREMONT, CA, 94539, 5104903663 - 0 ($6,971,322.00) Equity, (File 333-111459 - Dec. 22) (BR. 36) S-3 FAIR ISAAC CORP, 200 SMITH RANCH ROAD, SAN RAFAEL, CA, 94903, 4154722211 - 0 ($400,000,000.00) Debt Convertible into Equity, (File 333-111460 - Dec. 22) (BR. 08) S-4 ENTERGY GULF STATES INC, 350 PINE ST, BEAUMONT, TX, 77701, 409-838-6631 - 0 ($765,000,000.00) Non-Convertible Debt, (File 333-111461 - Dec. 22) (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. 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 ------------------------------------------------------------------------------------------------ ADVANTA BUSINESS RECEIVABLES CORP X 12/22/03 AMB PROPERTY CORP MD X X 12/11/03 AMB PROPERTY LP DE X X 12/11/03 AMERICAN COMMUNITY BANCSHARES INC NC X 12/19/03 AMERICAN HEALTHWAYS INC DE X X 12/22/03 AMERICAN HONDA REC CORP HONDA AUTO RE CA X X 11/30/03 AMERICAN HONDA RECEIVABLES CORP AUTO CA X X 11/30/03 AMERICAN HONDA RECEIVABLES CORP HONDA CA X X 11/30/03 AMERICAN INSURED MORTGAGE INVESTORS CA X 12/19/03 AMERICAN INSURED MORTGAGE INVESTORS CA X 12/19/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X 12/19/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X 12/22/03 AMERICAN INSURED MORTGAGE INVESTORS S CA X 12/19/03 AMYLIN PHARMACEUTICALS INC DE X X 12/18/03 ANALYTICAL SURVEYS INC CO X X 12/18/03 ANZ CAPEL COURT LTD C3 X 12/22/03 APACHE CORP DE X X 12/18/03 AQUENTIUM INC DE X X 12/05/03 ARGENT SECURITIES INC X X 12/22/03 ARIAD PHARMACEUTICALS INC DE X X 12/19/03 ARROW INTERNATIONAL INC PA X X 12/22/03 ATA HOLDINGS CORP IN X X 12/19/03 ATCHISON CASTING CORP KS X X 11/28/03 BALLY TOTAL FITNESS HOLDING CORP DE X X 12/19/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 12/22/03 BANC ONE HELOC 1999-1 OH X X 12/22/03 BANC ONE HELOC TRUST 1998-1 OH X X 12/22/03 BANCSHARES OF FLORIDA INC FL X X 12/18/03 BANK ONE AUTO SECURITIZATION TRUST 20 DE X X 12/22/03 BARRINGTON FOODS INTERNATIONAL INC CA X X 12/18/03 BEAR STEARNS COMPANIES INC DE X X 12/17/03 BED BATH & BEYOND INC NY X X X X 12/19/03 BENTHOS INC MA X X 12/22/03 BETHLEHEM STEEL CORP /DE/ DE X 12/22/03 BEVERLY ENTERPRISES INC DE X 12/18/03 BRYN MAWR BANK CORP PA X X 12/19/03 BSD MEDICAL CORP DE X X 12/10/03 CAL MAINE FOODS INC DE X X 12/19/03 CAPITOL REVOLVING HOME EQUITY LOAN TR MD X 12/22/03 CARDINAL BANKSHARES CORP VA X X 12/19/03 CEF EQUIPMENT HOLDING LLC DE X X 12/22/03 CELL THERAPEUTICS INC WA X X 12/22/03 CENTER BANCORP INC NJ X X 12/19/03 CENTEX CONSTRUCTION PRODUCTS INC DE X 12/22/03 CHECKERS DRIVE IN RESTAURANTS INC /DE DE X X 12/22/03 CHENIERE ENERGY INC DE X X 12/19/03 CHINAWE COM INC CA X X 12/15/03 CIENA CORP DE X X 12/22/03 CITICORP MORTGAGE SECURITIES INC DE X 12/22/03 CITIGROUP MORTGAG LOAN TRUST SERIES 2 X X 11/25/03 CITIGROUP MORTGAGE LOAN TRUST INC X X 12/17/03 CITIZENS BANCSHARES CORP /GA/ GA X X 12/22/03 AMEND CITYFED FINANCIAL CORP DE X 12/22/03 CNH CAPITAL RECEIVABLES INC DE X X 12/15/03 CNH RECEIVABLES INC DE X X 12/15/03 CNH WHOLESALE RECEIVABLES INC DE X X 12/15/03 CNL HOSPITALITY PROPERTIES INC MD X X 12/17/03 COGNIZANT TECHNOLOGY SOLUTIONS CORP X 12/22/03 COMMERCIAL MORTGAGE PASS THROUGH CERT DE X X 12/15/03 COMMERCIAL NATIONAL FINANCIAL CORP /M MI X X 12/17/03 COMMONWEALTH INDUSTRIES INC/DE/ DE X 12/22/03 CONAGRA FOODS INC /DE/ DE X 12/22/03 CONCERO INC DE X 12/20/03 CONGOLEUM CORP DE X X 12/19/03 CONNECTIV CORP DE X X X 12/05/03 AMEND CONSOL ENERGY INC X X 12/22/03 CONSPIRACY ENTERTAINMENT HOLDINGS INC UT X 10/07/03 AMEND CONTINENTAL AIRLINES INC /DE/ DE X 12/19/03 CORRPRO COMPANIES INC /OH/ OH X X 12/15/03 CROSSROADS SYSTEMS INC DE X 12/22/03 CSB BANCORP INC /OH OH X X 12/22/03 CSG SYSTEMS INTERNATIONAL INC DE X X 12/19/03 CVB FINANCIAL CORP CA X 12/22/03 CWMBS INC DE X X 12/22/03 DECRANE AIRCRAFT HOLDINGS INC DE X 12/22/03 DECRANE HOLDINGS CO DE X 12/22/03 DEWEY ELECTRONICS CORP NY X 12/22/03 DIAMOND DISCOVERIES INTERNATIONAL COR DE X X 11/17/03 AMEND DIAMOND OFFSHORE DRILLING INC DE X X 12/22/03 DIGITAL RECORDERS INC NC X X 12/10/03 DRESSER INC DE X X 12/16/03 ECHOSTAR COMMUNICATIONS CORP NV X 12/22/03 ECHOSTAR DBS CORP CO X 12/22/03 EL PASO CORP/DE DE X X 12/19/03 EMERSON ELECTRIC CO MO X 12/22/03 ENNIS BUSINESS FORMS INC TX X X 12/19/03 ENVIRONMENTAL POWER CORP DE X X 12/22/03 ESPEED INC DE X 12/22/03 EXELON CORP PA X 12/22/03 FARMLAND INDUSTRIES INC KS X X 12/22/03 FARMSTEAD TELEPHONE GROUP INC DE X X 10/28/03 FIDELITY BANKSHARES INC DE X X 12/19/03 FIDELITY NATIONAL FINANCIAL INC /DE/ DE X 04/01/03 FIRST SENTINEL BANCORP INC DE X X 12/19/03 FIRST UNION COM MOR SEC INC COM MOR P NY X X 12/22/03 FIRST UNION COMM MORT TRUST COMM MOR NY X X 12/15/03 FIRST UNION COMM MORT TRUST COMM MOR NY X X 12/15/03 FIRST UNION LEH BRO BANK OF AMER COM NY X X 12/17/03 FIRSTENERGY CORP OH X X 12/22/03 FLEET HOME EQUITY LOAN LLC DE X 12/22/03 FLOWSERVE CORP NY X 12/22/03 FORD MOTOR CO DE X X 12/22/03 FORD MOTOR CREDIT CO DE X X 12/22/03 FOSTER WHEELER LTD D0 X 12/17/03 FOSTER WHEELER LTD D0 X 12/19/03 FOSTER WHEELER LTD D0 X 07/15/03 AMEND FOX ENTERTAINMENT GROUP INC DE X X 12/19/03 FREEPORT MCMORAN COPPER & GOLD INC DE X 12/22/03 FRONTIER AIRLINES INC /CO/ CO X 12/22/03 GENAISSANCE PHARMACEUTICALS INC DE X X 12/18/03 GENERAL MOTORS CORP DE X 12/19/03 GRAPHIC PACKAGING INTERNATIONAL CORP CO X X 03/21/03 AMEND HALLWOOD GROUP INC DE X 12/18/03 HALLWOOD REALTY PARTNERS L P DE X 12/18/03 HANOVER FOODS CORP /PA/ PA X X 12/22/03 HANOVER FOODS CORP /PA/ PA X X 12/22/03 AMEND HENNESSY ADVISORS INC X 12/22/03 HONDA AUTO RECEIVABLES 2000-1 OWNER T DE X X 11/30/03 HONDA AUTO RECEIVABLES 2001-1 OWNER T DE X X 11/30/03 HONDA AUTO RECEIVABLES 2001-2 OWNER T DE X X 11/30/03 HONDA AUTO RECEIVABLES 2001-3 OWNER T CA X X 11/30/03 HONDA AUTO RECEIVABLES 2002-1 OWNER T CA X X 11/30/03 HONDA AUTO RECEIVABLES 2002-2 OWNER T CA X X 11/30/03 HONDA AUTO RECEIVABLES 2002-3 OWNER T CA X X 11/30/03 HONDA AUTO RECEIVABLES 2002-4 OWNER T CA X X 11/30/03 HONDA AUTO RECEIVABLES 2003-1 OWNER T CA X X 11/30/03 HUGHES ELECTRONICS CORP DE X X 12/19/03 HUGHES ELECTRONICS CORP DE X X 12/22/03 HUNT J B TRANSPORT SERVICES INC AR X 12/22/03 ICOA INC NV X 05/11/02 IMH ASSETS CORP COLLATERALIZED ASSET DE X 12/18/03 INFORMATION HOLDINGS INC DE X X 12/22/03 INSPIRE PHARMACEUTICALS INC DE X 12/22/03 INTEGRAL SYSTEMS INC /MD/ MD X X 12/16/03 INTEGRATED ALARM SERVICES GROUP INC X X 12/15/03 INTERLAND INC /MN/ MN X X X 12/22/03 INTERNATIONAL PAPER CO /NEW/ NY X X 12/15/03 INTERNATIONAL REMOTE IMAGING SYSTEMS DE X X 11/06/03 IPAYMENT INC DE X X 12/22/03 IRVINE SENSORS CORP/DE/ DE X X 12/22/03 JAMESON INNS INC GA X X 12/22/03 K SWISS INC DE X X 12/22/03 KOHLS CORPORATION WI X 12/19/03 KOPPERS INC PA X 12/19/03 KROLL INC DE X X 12/19/03 L 3 COMMUNICATIONS HOLDINGS INC DE X X 12/22/03 L O M MEDICAL INTERNATIONAL INC X 12/19/03 LAKES ENTERTAINMENT INC MN X X 12/22/03 LDM TECHNOLOGIES INC MI X 12/22/03 LEHMAN ABS CORP PRUDENTIAL FINANCIAL DE X 12/22/03 LEOPARD CAPITAL INC NV X 12/18/03 LONE STAR TECHNOLOGIES INC DE X 12/16/03 LSB BANCSHARES INC /NC/ NC X X 12/17/03 MAGNUM HUNTER RESOURCES INC NV X X 12/22/03 MALAN REALTY INVESTORS INC MI X X 12/18/03 MANCHESTER TECHNOLOGIES INC NY X 12/19/03 MARINER HEALTH CARE INC DE X X 12/19/03 MARTEK BIOSCIENCES CORP DE X 12/22/03 MARTIN MIDSTREAM PARTNERS LP DE X X 12/22/03 MARTIN MIDSTREAM PARTNERS LP DE X X 12/22/03 MEDICAL STAFFING NETWORK HOLDINGS INC DE X X 12/22/03 MERITAGE CORP MD X X 12/18/03 MERRILL LYNCH & CO INC DE X X 12/22/03 MGP INGREDIENTS INC KS X X 12/22/03 MICRON ENVIRO SYSTEMS INC NV X 12/22/03 MICROWAVE FILTER CO INC /NY/ NY X 09/30/03 MILLENNIUM CAPITAL VENTURE HOLDINGS I DE X 03/24/03 MOBILE MINI INC DE X 12/22/03 MOBILEPRO CORP DE X 12/18/03 MOCON INC MN X X 12/19/03 NAPCO SECURITY SYSTEMS INC DE X X 12/15/03 NATURAL HEALTH TRENDS CORP FL X X 12/17/03 NATURAL RESOURCE PARTNERS LP DE X X 12/22/03 NAVISTAR FINANCIAL SECURITIES CORP DE X 10/31/03 NAVISTAR FINANCIAL SECURITIES CORP DE X 11/30/03 NEIGHBORCARE INC PA X X 12/19/03 NETRATINGS INC DE X X 12/22/03 NEW CENTURY FINANCIAL CORP DE X X 12/02/03 NEW ENGLAND BANCSHARES INC X X 12/12/03 NEW MEDIUM ENTERPRISES INC NV X X 12/22/03 NEWHALL LAND & FARMING CO /CA/ CA X X 12/18/03 NIAGARA CORP DE X X 12/18/03 NIKE INC OR X X 12/22/03 NISSAN AUTO RECEIVABLES 2003-C OWNER DE X 12/15/03 NISSAN MASTER OWNER TRUST RECEIVABLES DE X 12/15/03 NL INDUSTRIES INC NJ X X 12/08/03 NOBLE ENERGY INC DE X X 12/17/03 NORTEK HOLDINGS INC DE X 12/22/03 NORTEK INC DE X 12/22/03 NORTHEAST UTILITIES SYSTEM MA X 12/17/03 NOVA BIOGENETICS INC DE X 12/22/03 NUTRA PHARMA CORP CA X 12/15/03 OAK HILL FINANCIAL INC OH X X 12/22/03 OLYMPIC CASCADE FINANCIAL CORP DE X 12/15/03 ONYX ACCEPTANCE FINANCIAL CORP DE X 12/12/03 OPENTV CORP X X 12/19/03 ORALABS HOLDING CORP CO X X 12/16/03 PAC-WEST TELECOMM INC X X 12/19/03 PACIFIC GAS & ELECTRIC CO CA X X 12/22/03 PALMSOURCE INC DE X X 12/22/03 PENWEST PHARMACEUTICALS CO WA X 12/18/03 PEOPLES FIRST INC PA X X 12/18/03 PERMIAN BASIN ROYALTY TRUST TX X X 12/19/03 PEROT SYSTEMS CORP DE X 12/19/03 PETCO ANIMAL SUPPLIES INC DE X X 12/22/03 PG&E CORP CA X X 12/22/03 PHARMACOPEIA INC DE X X 12/18/03 PHILIP SERVICES CORP/DE DE X X 12/22/03 PLAINS ALL AMERICAN PIPELINE LP DE X X 12/18/03 PORTLAND GENERAL ELECTRIC CO /OR/ OR X 11/26/03 POTLATCH CORP DE X 12/19/03 PRIVATEBANCORP INC DE X 12/22/03 PROMOS INC CO X X X 12/19/03 PTEK HOLDINGS INC GA X X 12/19/03 QUOVADX INC DE X X 12/19/03 RALCORP HOLDINGS INC /MO MO X 12/22/03 REDBACK NETWORKS INC DE X X X 12/22/03 REGMA BIO TECHNOLOGIES LTD NV X X 12/19/03 RELIANT RESOURCES INC DE X X 12/10/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/22/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/22/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/22/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/22/03 RGC RESOURCES INC VA X X 12/19/03 ROBOTIC VISION SYSTEMS INC DE X 12/22/03 ROCK OF AGES CORP DE X X 12/17/03 ROHN INDUSTRIES INC DE X X 12/12/03 ROLLER BEARING CO OF AMERICA INC DE X 12/22/03 ROUGE INDUSTRIES INC DE X X 12/21/03 SAFE ID CORP X X 12/11/00 SAN DIEGO SOCCER DEVELOPMENT CORP CA X 12/19/03 SANGUINE CORP NV X X 12/11/03 SCO GROUP INC DE X X X X 12/22/03 SCOTIA PACIFIC CO LLC DE X 12/22/03 SECURITISATION ADVISORY SEVS PTY LTD X X 12/18/03 SEL-LEB MARKETING INC NY X X 12/19/03 SERACARE LIFE SCIENCES INC X X 12/22/03 SHALLBETTER INDUSTRIES INC MN X X 12/18/03 AMEND SIGHT RESOURCE CORP DE X 12/15/03 STAMPS COM INC DE X X 12/22/03 STATER BROS HOLDINGS INC DE X X 12/22/03 STERLING FINANCIAL CORP /PA/ PA X 12/16/03 STRUCTURED ASSET MORTGAGE INVESTMENTS DE X X 12/22/03 STRUCTURED ASSET SEC CORP II COM MORT X 12/01/03 STRUCTURED ASSET SEC CORP II COM MORT X 12/01/03 STRUCTURED PROD CORP STEP UP TR CREDI DE X X 12/22/03 STRUCTURED PRODUCTS CORP DE X X 12/22/03 STRUCTURED PRODUCTS CORP CAST SM STEP DE X X 12/22/03 STRUCTURED PRODUCTS CORP CAST SM STEP DE X X 12/22/03 STRUCTURED PRODUCTS CORP MONTHLY PAY DE X X 12/22/03 SUN & SURF INC NY X 10/06/03 AMEND SUN BANCORP INC /NJ/ NJ X X 12/22/03 SUPERVALU INC DE X 12/22/03 TAG IT PACIFIC INC DE X X 12/18/03 TARGET RECEIVABLES CORP MN X 12/22/03 TECHNOLOGY CONSULTING PARTNERS INC X 12/22/03 THERMA WAVE INC DE X X 10/29/03 TORCH OFFSHORE INC DE X 12/22/03 TOYOTA AUTO RECEIVABLES 2003 B OWNER DE X X 12/15/03 TRADING SOLUTIONS COM INC NV X X X X 09/30/03 TRANSCENDENT INC NV X 12/10/03 TRANSNATIONAL FINANCIAL NETWORK INC CA X 12/17/03 TRIMAS CORP DE X X 12/19/03 TRINITY CAPITAL CORP X X 12/18/03 TUTOGEN MEDICAL INC FL X 12/16/03 U S PLASTIC LUMBER CORP NV X X X 12/15/03 UNIFIRST CORP MA X 12/22/03 AMEND UNION BANKSHARES CORP VA X X 12/19/03 UNITEDGLOBALCOM INC DE X 12/19/03 UNIZAN FINANCIAL CORP OH X X 12/22/03 UPC POLSKA INC DE X X X 12/19/03 URANIUM STRATEGIES INC NV X 11/14/03 VALUECLICK INC/CA DE X X 12/17/03 VALUECLICK INC/CA DE X 12/18/03 VINEYARD NATIONAL BANCORP CA X X 12/19/03 VISTEON CORP DE X X 12/22/03 VISUAL DATA CORP FL X X 12/22/03 VOLKSWAGEN AUTO LEASE UNDERWRITTEN FU X X 12/22/03 VOLKSWAGEN AUTO LOAN ENHANCED TRUST 2 DE X X 12/22/03 VOLKSWAGEN DEALER FINANCE LLC DE X X 12/22/03 VOLKSWAGEN PUBLIC AUTO LOAN SECURITIZ X X 12/22/03 VOLT INFORMATION SCIENCES INC NY X X 12/22/03 VOLUME SERVICES AMERICA HOLDINGS INC DE X X 12/10/03 WELLS FARGO ASSET SEC CORP MOR BACKED DE X X 08/22/03 WELLS FARGO ASSET SECURITIES CORP DE X X 12/22/03 WELLS FARGO ASSET SECURITIES CORP DE X X 12/22/03 WESTERN GAS RESOURCES INC DE X X 12/17/03 WFN CREDIT CO LLC DE X 12/15/03 WHITEHALL JEWELLERS INC DE X 12/22/03 WILLIAMS COMPANIES INC DE X X X 12/22/03 WINTON FINANCIAL CORP OH X X 12/22/03 WISCONSIN ENERGY CORP WI X 12/22/03 WORLD FINANCIAL NETWORK NATIONAL BANK OH X 12/15/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 10/16/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 11/01/03 WORLDCOM INC GA X X 12/18/03