SEC NEWS DIGEST Issue 2003-28 February 11, 2003 ENFORCEMENT PROCEEDINGS SEC INSTITUTES ADMINISTRATIVE PROCEEDING AGAINST WILLIAM KRAEMER BASED ON ENTRY OF JUDGMENT IN MANGANESE MINE STOCK FRAUD CASE On Feb. 10, the Commission instituted an administrative proceeding against William E. Kraemer, formerly of Bethlehem, Pennsylvania and a current resident of Europe, based on the entry of an injunction against him in a civil fraud case the Commission filed against him in Securities and Exchange Commission v. William E. Kraemer, et al. (Civil Action Number 01-358-ML (D. RI.). In the Order Instituting Administrative Proceedings (Order), the Division of Enforcement alleges that, on Sept. 18, 2002, the United States District Court for the District of Rhode Island entered a final judgment by default against Kraemer. The final judgment permanently enjoins Kraemer from future violations of the antifraud provisions of the federal securities laws. The final judgment further requires Kraemer to pay a total of $471,408 in disgorgement, prejudgment interest and penalties. According to the Order, the Commission filed a civil injunctive action against Kraemer and others in the Rhode Island federal court on July 30, 2001, alleging that Kraemer participated in a scheme that utilized a variety of materially false and misleading statements to induce 14 investors to invest a total of approximately $240,000 in Prexomet, a now defunct Smithfield, Rhode Island-based corporation. According to the complaint, between January and September 1997, Kraemer solicited investments in Prexomet by falsely claiming, among other things, that: (1) Prexomet owned a valuable mine in Arizona when, in fact, neither Prexomet, Kraemer nor any of the other defendants owned any mine; (2) Prexomet would conduct an initial public offering (IPO) within a few weeks or months when, in fact, neither Prexomet, Kraemer nor any of the other defendants ever filed any document with the Commission concerning a proposed IPO or spent any funds in preparation for an IPO; (3) an investment in Prexomet's pre-IPO stock was risk-free when, in fact, an investment in Prexomet was highly risky because the company had no real assets or business prospects; and (4) soon after the IPO, investors who paid $1 per share for pre-IPO Prexomet stock would be able to resell it for $5 per share to Prexomet or a third party when, in fact, there was no reasonable basis for such a claim. According to the complaint, the investors have not recovered any portion of their original investment and have not received any of the promised returns. According to the Order, the Commission's complaint was served by hand upon Kraemer on July 24, 2002. Based upon his failure to file a timely answer to the complaint, the court entered a default against Kraemer on Aug. 21, 2002. Based upon the default, the court issued the final judgment referred to above against Kraemer on Sept. 18, 2002. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Kraemer an opportunity to dispute these allegations, and to determine what sanctions, if any, are appropriate and in the public interest. (Rel. 34-47334; File No. 3-11037) COMMISSION SUSTAINS NASD DISCIPLINARY ACTION AGAINST JACK STEIN On Feb. 10, the Commission sustained NASD disciplinary action against Jack H. Stein, formerly a registered representative of several member firms of the National Association of Securities Dealers. The NASD found that Stein made unsuitable securities recommendations to a customer in violation of NASD Conduct Rules 2110 and 2310. The NASD fined Stein $25,000 and suspended him for three months from association with any NASD member in any capacity. The Commission found that Stein's securities recommendations to his customer were unsuitable because of the excessively risky nature of the stocks that he urged his customer to buy and because of the excessive number of trades that he recommended to his customer. The Commission also determined that the sanctions imposed by the NASD were not excessive or oppressive in light of the egregious nature of Stein's misconduct and his failure to accept responsibility or show contrition for his misconduct. (Rel. 34-47335; File No. 3-10675) SEC BRINGS SETTLED ENFORCEMENT ACTIONS AGAINST THREE FORMER OFFICERS OF THE NORTH FACE, INC. AS WELL AS TWO OF THE COMPANY'S FORMER CUSTOMERS On Feb. 10, the Commission filed a settled civil action against Christopher F. Crawford (Crawford), the former CFO, and Todd F. Katz (Katz), the former VP of Sales of The North Face, Inc. The Commission also authorized issuing an order instituting settled administrative proceedings pursuant to Rule 102(e)(3) of the Commission's Rules of Practice against Crawford, which will be issued after final judgment is entered against Crawford in the civil action. The Commission further issued separate orders instituting settled cease-and-desist proceedings against Richard C. Tyrer (Tyrer), former VP of Western Region Sales, Donald F. Marcus (Marcus), a former customer of the company, and Harry P. Adler (Adler), another of the company's former customers. All five settled with the Commission without admitting or denying the allegations in the complaint or the findings in the orders. The Commission's complaint alleges, and the orders find, the following: During 1997 through 1998, Crawford and Katz, engaged in a series of schemes artificially to inflate The North Face's financial results. As a result, The North Face over-stated its revenue and gross margin recognition by fraudulently recognizing revenue on barter transactions and by fraudulently recording consignment sales as completed, regular sales. Crawford, Katz, and Tyrer tried to conceal the true nature of the improperly reported transactions from The North Face's auditors and from a special audit committee investigation. Crawford made material misrepresentations and omissions to the auditors in an attempt to hide his misconduct. Katz and Tyrer also conspired to keep their fraud from being discovered. They persuaded a customer of the company, Marcus, to lie to the internal investigators and senior management, and to sign false documents, knowing that the information would be relied upon by the auditors. Tyrer and Katz persuaded a second customer, Adler, to sign a false confirmation letter, which also was relied upon by the auditors. [SEC v. Crawford, Case No. C-03-561 JL, N.D. Cal.]. Crawford and Katz consented to the entry of judgments in the civil action (1) enjoining them from violating, or aiding and abetting any violation of, the antifraud, reporting, and record keeping provisions of the securities laws; (2) barring them from serving as an officer or director of a public company for five years; (3) ordering Crawford to disgorge $28,981.77, plus interest; (4) ordering Crawford to pay a civil penalty of $30,000 and Katz to pay a civil penalty of $40,000. The Commission further authorized a motion, pursuant to Section 308 of the Sarbanes-Oxley Act of 2002, to have Crawford's civil penalty paid into the Court to be added to and to become part of a fund for the benefit of victims of the conduct alleged in the complaint. The Commission authorized four related administrative proceedings: (1) The Commission authorized an order instituting administrative proceedings pursuant to Rule 102(e)(3) of the Commission's Rules of Practice, making findings, and imposing remedial sanctions against Crawford, which suspends Crawford from appearing or practicing before the Commission as an accountant, but provides that after five years from the date of the order he may request that the Commission consider his reinstatement. The order will be issued after final judgment is entered against Crawford in the civil action described above. The order will be based on a finding that, among other things, the Court in the civil action referenced above issued an order permanently enjoining Crawford from future violations of the federal securities laws. (2) The Commission issued an order instituting public cease-and-desist proceedings, making findings, and imposing a cease-and-desist order pursuant to Section 21C of the Securities Exchange Act of 1934 (Exchange Act) against Tyrer. The Commission found, among other things, that Tyrer (a) participated in, and assisted concealing, a scheme to inflate The North Faces operating results by recording two consignment sales as normal sales, and (b) as a result, violated Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5 and 13b2-1 thereunder and caused violations of Sections 13(a) and 13(b)(2)(A) and (B) of the Exchange Act and Rules 13a-1, 13a-13 and 13b2-2 thereunder. (3) The Commission issued an order instituting public cease-and-desist proceedings, making findings, and imposing a cease-and-desist order pursuant to Section 21C of the Securities Exchange Act against Marcus. The Commission found, among other things, that Marcus assisted in concealing the true nature of a consignment sale from The North Face's accountants and auditors, and as a result, caused violations of Rule 13b2-2 promulgated under the Exchange Act. (4) The Commission issued an order instituting public cease-and-desist proceedings, making findings, and imposing a cease-and-desist order pursuant to Section 21C of the Securities Exchange Act against Adler. The Commission found, among other things, that Adler assisted in concealing the true nature of a consignment sale from The North Face's auditors, and as a result, caused violations of Rule 13b2-2 promulgated under the Exchange Act. [SEC v. Christopher F. Crawford and Todd F. Katz, Case No. C-03-561 JL] (LR-17978; AAE Rel. 1715); (In the Matter of Donald F. Marcus - Rel. 34-47339; AAE Rel. 1712; File No. 3-11038; In the Matter of Richard C. Tyrer - Rel. 34-47340; AAE Rel. 1713; File No. 3-11039; In the Matter of Harry P. Adler- Rel. 34- 47341; AAE Rel. 1714; File No. 3-11040) SEC FILES COMPLAINT IN $19 MILLION ARMENIAN-AMERICAN AFFINITY FRAUD PONZI SCHEME The Commission filed a complaint in U.S. District Court in Los Angeles yesterday alleging securities fraud perpetrated primarily against Armenian-Americans by Michael Garian, also known as Melkon Gharakhanian, and his company, National Investment Enterprises (NIE). The SEC's complaint alleges that between 1997 and mid-2001, Garian, 41, of Van Nuys, California, and Glendale-based NIE raised over $19 million from about 200 investors. Most of the investors Garian and NIE targeted were residents of Glendale's large Armenian-American community, many of whom had never invested in the stock market, and some of whom were Armenian immigrants for whom English was a second language. Garian allegedly falsely told investors that he would use their money to purchase various securities for their accounts; had an "inside line" to upcoming "hot" IPOs, particularly for Internet and other technology- related companies; and could deliver large profits quickly. The complaint charges that Garian and NIE furthered their scheme by sending investors false monthly account statements that represented that NIE was purchasing large volumes of IPO shares and other securities on their behalf and making large profits from Garian's trading activities. In fact, Garian invested only $5.2 million of the $19 million he raised, of which Garian lost all but $1.6 million in IPO investments, day trading, and commodities trading. The bulk of the investors' funds, $14 million, was used to repay earlier investors their principal and purported investment returns in order to sustain a Ponzi-like scheme. Garian used at least $112,000 for his own personal benefit, and an additional $2.3 million was withdrawn from NIE's bank account in the form of cashier's checks which remain unaccounted for, the complaint alleges. NIE's investors ultimately sustained a loss of approximately $5 million. Concurrent with the filing of its complaint against Garian and NIE, the SEC also announced that it reached a settlement with relief defendant Aegis Financial, LLC, a Chicago-based commodities broker. The SEC did not charge Aegis with securities law violations, but instead named it as a relief defendant in order to require Aegis to return $210,000 of investors' funds that had been loaned by Garian and NIE. Aegis promised to deposit the $210,000 into the Court's registry. The SEC's complaint alleges that Garian's and NIE's conduct violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10b of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, and Sections 206(1) and (2) of the Investment Advisers Act of 1940, and that NIE separately violated Section 7(a) of the Investment Company Act of 1940. The SEC's complaint asks the Court to permanently enjoin Garian and NIE from future violations of the foregoing registration and antifraud provisions, order Garian and NIE to disgorge, with prejudgment interest, all ill-gotten gains; and order Garian to pay a civil penalty. [SEC v. National Investment Enterprises and Michael Garian a/k/a Melkon Gharakhanian a/k/a Bika Balian, Civil Action No. CV 03-0896 GHK (JWJx) C.D. Cal.] (LR-17974) ROCKY MOUNTAIN SECURITIES & INVESTMENTS, INC. AND JUDITH CLARKE CHARGED IN EMERGENCY INJUNCTIVE ACTION On Feb. 5, the Commission filed an action in the U.S. District Court for the District of Colorado against Rocky Mountain Securities & Investments, Inc. (Rocky Mountain), a brokerage firm headquartered in Denver, and Judith L. Clarke, a Denver resident and former employee of Rocky Mountain. Rocky Mountain ceased business on Feb. 3, 2003, due to a multi-million dollar net capital deficiency. The Commission alleged that Rocky Mountain violated the net capital and customer protection provisions of the federal securities laws contained in Section 15(c)(3)(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 15c3-1 and 15c3-3. The Commission also alleged that Rocky Mountain violated the broker-dealer books and record provisions of the Exchange Act contained in Section 17(a) of the Exchange Act and Rule 17a- 3. In this action, the Commission sought a temporary restraining order and asset freeze against the firm, as well as preliminary and permanent injunctions. In addition, the Commission filed a joint motion with the Securities Investor Protection Corporation (SIPC), which filed a separate action, to have a trustee appointed to liquidate the firm. In the action the Commission also charged Clarke with aiding and abetting Rocky Mountain's violations of the net capital, customer protection and books and records provisions. The Commission also charged Clarke with violating the antifraud provisions of the Exchange Act contained in Section 10(b) of the Exchange Act and Rule 10b-5. The Commission alleged that Clarke had traded equities for Rocky Mountain in an account at the firm and allegedly incurred significant trading losses, which she attempted to conceal from the firm by creating false trading records. To pay the debts owed by Rocky Mountain as the result of the losses, Clarke allegedly used almost the entire $4.5 million balance of a money market account in Rocky Mountain's name. This money market account had contained cash belonging to Rocky Mountain's retail customers. The Commission sought against Clarke a temporary restraining order, asset freeze and an order to provide an accounting, as well as preliminary and permanent injunctions, disgorgement plus prejudgment interest and civil penalties. On Feb. 7, a temporary restraining order was entered against Rocky Mountain prohibiting the firm from violating the net capital, customer protection and broker-dealer books and records provisions the firm was alleged to have violated in the complaint. In addition, John D. Shively of the law firm Fagre & Benson in Denver was appointed to act as trustee on behalf of SIPC to liquidate Rocky Mountain. Finally, also on Feb. 7, a temporary restraining order was entered against Clarke prohibiting her from violating the antifraud, net capital, customer protection, and broker-dealer books and records provisions under the Exchange Act. Clarke was also prohibited, inter alia, from disposing of any funds that she had obtained in violation of the federal securities laws. A hearing on the Commission's motion for a preliminary injunction against Rocky Mountain and Clarke is scheduled for Feb. 14, 2003. [SEC v. Rocky Mountain Securities & Investments, Inc. and Judith L. Clarke, No. 03-MK- 0228 (District of Colorado)] (LR-17976) SEC OBTAINS EMERGENCY RELIEF TO HALT FRAUDULENT SALE OF LOCAL PHONE COMPANY PARTNERSHIPS; COURT ORDERS ASSETS FROZEN The Commission today announced that the Honorable William J. Zloch, Chief United States District Judge for the Southern District of Florida, entered a temporary restraining order against the promoters of a series of local telephone company partnerships. The Commission's complaint and request for emergency relief, filed on Feb. 7, 2002, in Ft. Lauderdale, Florida, alleges Marc David Shiner, a convicted felon, and others defrauded hundreds of investors nationwide through the sale of unregistered securities in six limited liability partnerships (LLPs) that were ostensibly formed to operate competitive local telephone exchange carriers (CLECs) in Western states where Qwest Communications was the dominant local telephone carrier. The Commission's complaint names four primary defendants: (1) Marc David Shiner (Shiner), age 58, of Boca Raton, Florida; (2) Leon Swichkow (Swichkow), age 58, of Fort Lauderdale, Florida; (3) Timothy Wetherald (Wetherald), age 43, a resident of Denver, Colorado; and (4) Telecom Advisory Services, Inc (Telecom Advisory), a Florida corporation owned and operated by Defendants Shiner and Swichkow in Boca Raton, Florida. The Commission's complaint also names four relief defendants: (1) Louis Stinson, Jr., P.A., the law firm of Florida attorney Louis Stinson, Jr.; (2) Equity Service Administration, Inc., a Florida corporation owned and operated by Defendants Shiner and Swichkow in Boca Raton, Florida; (3) Marketing Media, Inc., a Florida corporation listing its principal place of business as defendant Shiner's home address in Boca Raton, Florida and (4) USA Media Group, Inc. is a Florida corporation owned and operated by defendants Shiner and Swichkow in Coral Gables, Florida. According to the complaint, since at least February 2001 and continuing through the present, the primary defendants raised in excess of $7.6 million in an elaborate scheme involving a series of interlocking companies that they secretly controlled, siphoning off the vast majority of funds raised for their own use, instead of using the proceeds to fund the underlying partnerships. Defendants Shiner and Swichkow used boiler room tactics at defendant Telecom Advisory, an unregistered broker- dealer, to market the LLPs to unsuspecting investors. According to the complaint, the defendants made numerous material misrepresentations and omissions, including (1) providing unrealistic and baseless projections for rates of return and potential buyout offers, (2) failing to disclose that the majority of the invested funds were used to pay exorbitant commissions and "management fees" to entities controlled by the Defendants, including the Relief Defendants herein, (3) failing to disclose the interlocking relationships of the entities and individuals involved, (4) failing to disclose that certain of the "non-voting" units would be sold before the voting units had recouped their original investment from the profits of the telephone company, (5) failing to disclose the negative regulatory histories of defendants Shiner, Swichkow and Wetherald, and (6) failing to disclose that neither Mile High Telecom, nor any of the other phone companies they established, were properly licensed to operate in the respective states they purported to serve . The Commission's complaint charges that Shiner, Swichkow and Telecom Advisory Services violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Sections 10(b), 15(a) and 15(c) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint further alleges that Wetherald violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. [SEC v. Marc David Shiner, Leon Swichkow, Timothy Wetherald, Telecom Advisory Services, Inc., Louis Stinson, Jr., P.A., as escrow agent for certain accounts, Equity Service Administration, Inc., Marketing Media, Inc., and USA Media Group, Inc., Case No. 03- 608175 (S.D. Fla.)] (LR-17977) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change filed by the National Association of Securities Dealers relating to fees applicable to the NASD Alternative Display Facility (SR-NASD-2003-09) has become immediately 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 Feb. 10. (Rel. 34-47331) PROPOSED RULE CHANGE A proposed rule change (SR-CBOE-2002-69) has been filed by the Chicago Board Options Exchange seeking to amend its rules regarding broker- dealer access to RAES. Publication of the proposal is expected in the Federal Register during the week of Feb. 10. (Rel. 34-47332) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change and granted accelerated approval to Amendment No. 1 to a proposed rule change submitted by the Chicago Board Options Exchange (SR-CBOE-2002-18) amending the membership ownership requirements for Designated Primary Market-Makers. Publication of the proposal is expected in the Federal Register during the week of Feb. 10. (Rel. 34-47333) WITHDRAWALS SOUGHT A notice has been issued giving interested persons until March 5, 2003, to comment on the application of Star Struck, Ltd. to withdraw its Common Stock, $1.00 par value, from listing and registration on the American Stock Exchange. (Rel. 34-47336) A notice has been issued giving interested persons until March 5, 2003, to comment on the application of Kinross Gold Corporation to withdraw its Common Stock, no par value, from listing and registration on the American Stock Exchange. (Rel. 34-47337) DELISTING GRANTED An order has been issued granting the application of the Philadelphia Stock Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation respecting underlying securities of: ALZA Corporation (AZA), Aradigm Corporation, (QRQ/ARDM), Aware, Inc. (WUQ/AWRE), BioChem Pharma, Inc. (BQX/BCHE), CIT Group, Inc. "old" (CIT "old"), Digi International, Inc. (DGQ/DGII), Digital Lightwave, Inc. (DGU/DIGL), HNC Software, Inc. (NSQ/HNCS), Intermedia Communications, Inc. (QIX/ICIX), Riverstone Networks, Inc. (RQJ/RSTN), Sanchez Computer Associates, Inc. (SUU/SCAI), Telesp Celular Participacoes S.A.-ADR (TCP)., TriPath Imaging, Inc., (TPU/TPTH), Turnstone Systems, Inc. (TUA/TSTN), U.S. Bancorp "old" (USB "old"), and Visionics Corporation (MQB/VSNX), effective at the opening of business on Feb. 11. (Rel. 34-47338) 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 U S PHYSICAL THERAPY INC /NV, 3040 POST OAK BLVD STE 222, HOUSTON, TX, 77056, 7132977000 - 40,000 ($494,000.00) Equity, (File 333-103057 - Feb. 10) (BR. 01) S-8 INTEGRATED CIRCUIT SYSTEMS INC, 2435 BLVD OF THE GENERALS, NORRISTOWN, PA, 19403, 6106305300 - 0 ($60,000,000.00) Equity, (File 333-103058 - Feb. 10) (BR. 36) S-B REPUBLIC OF TURKEY, 821 UNITED NATIONS PLZ, NEW YORK, NY, 10017, 0 ($4,450,000,000.00) Non-Convertible Debt, (File 333-103059 - Feb. 10) (BR. ) S-3 PARADIGM MEDICAL INDUSTRIES INC, 8019778970 - 4,443,695 ($1,110,924.00) Equity, (File 333-103061 - Feb. 10) (BR. 36) S-8 SAFENET INC, 8029 CORPORATE DRIVE, BALTIMORE, MD, 21236, 4109317500 - 0 ($2,136,051.00) Equity, (File 333-103063 - Feb. 10) (BR. 37) SB-2 LIFE INVESTMENT FUNDING ENTERPRISES INC, 677 NORTH WASHINGTON BLVD., SARASOTA, FL, 34236, 18,000,000 ($178,125,000.00) Equity, (File 333-103064 - Feb. 10) (BR. ) S-8 MTI TECHNOLOGY CORP, 4905 E LA PALMA AVE, ANAHEIM, CA, 92807, 7149700300 - 0 ($493,691.00) Equity, (File 333-103065 - Feb. 10) (BR. 03) S-8 VITESSE SEMICONDUCTOR CORP, 741 CALLE PLANO, CAMARILLO, CA, 93012, 8053883700 - 1,511,320 ($392,943.00) Equity, (File 333-103066 - Feb. 10) (BR. 36) S-4 FIDELITY NATIONAL FINANCIAL INC /DE/, 17911 VON KARMAN AVE, STE 300, IRVINE, CA, 92614, 9496225000 - 0 ($137,734,010.18) Equity, (File 333-103067 - Feb. 10) (BR. 01) S-8 DSP GROUP INC /DE/, 3120 SCOTT BLVD, SANTA CLARA, CA, 95054, 4089864300 - 0 ($24,067,500.00) Equity, (File 333-103068 - Feb. 10) (BR. 37) S-8 STERLING FINANCIAL CORP /PA/, NORTH POINTE BANKING CORP, 101 NORTH POINTE BLVD, LANCASTER, PA, 17601-4133, 7175816030 - 750,000 ($16,462,500.00) Equity, (File 333-103069 - Feb. 10) (BR. 07) S-4 AMI SEMICONDUCTOR INC, AMI SEMICOUNDUCTOR INC, 2300 BUCKSKIN RD, POCATELLO, ID, 83201, 2082346732 - 200,000,000 ($200,000,000.00) Non-Convertible Debt, (File 333-103070 - Feb. 10) (BR. ) S-8 SENSYTECH INC, 8419 TERMINAL ROAD, P O BOX 1869, NEWINGTON, VA, 22122-1430, (703)550-7000 - 0 ($10,647,000.00) Equity, (File 333-103071 - Feb. 10) (BR. 36) SB-2 CHILDRENS INTERNET INC, 15303 VENTURA BLVD, SUITE 1510, SHERMAN OAKS, CA, 91403, 8183808161 - 4,000,000 ($8,000,000.00) Equity, (File 333-103072 - Feb. 10) (BR. 09) S-3 SKYWORKS SOLUTIONS INC, 20 SYLVAN ROAD, WOBURN, MA, 01801, 6179355150 - 0 ($230,000,000.00) Debt Convertible into Equity, (File 333-103073 - Feb. 10) (BR. 36) S-8 SURE TRACE SECURITY CORP, 1530- 9 AVENUE S.E., 1530- 9 AVENUE S.E., CALGARY, A0, T2G 0T7, 403 693 8003 - 20,000,000 ($200,000.00) Equity, (File 333-103074 - Feb. 10) (BR. 04) S-3 SFBC INTERNATIONAL INC, 11190 BISCAYNE BLVD, NORTH MIAMI, FL, 33181, 3058950304 - 234,060 ($3,597,502.00) Equity, (File 333-103075 - Feb. 10) (BR. 05) S-8 HUTCHINSON TECHNOLOGY INC, 40 W HIGHLAND PARK, HUTCHINSON, MN, 55350, 3205873797 - 0 ($16,845,000.00) Equity, (File 333-103076 - Feb. 10) (BR. 36) N-2 NUVEEN INSURED NEW YORK TAX FREE ADVANTAGE MUNICIPAL FUND 2, 333 WEST WACKER DRIVE, CHICAGO, IL, 60606, 3129178146 - 1,000 ($15,000.00) Equity, (File 333-103077 - Feb. 10) (BR. ) SB-2 NORCAN EXPLORATION INC, 1081 WEST 8TH AVE STE 3, VANCOUVER BRITISH COLUMBIA, CANADA, A1, V6H1C3, 9053298791 - 5,000,000 ($500,000.00) Equity, (File 333-103080 - Feb. 10) (BR. ) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: Item 1. Changes in Control of Registrant. Item 2. Acquisition or Disposition of Assets. Item 3. Bankruptcy or Receivership. Item 4. Changes in Registrant's Certifying Accountant. Item 5. Other Materially Important Events. Item 6. Resignations of Registrant's Directors. Item 7. Financial Statements and Exhibits. Item 8. Change in Fiscal Year. Item 9. Regulation FD Disclosure. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT ------------------------------------------------------------------------------------ 1 800 FLOWERS COM INC DE X 02/10/03 20/20 WEB DESIGN INC NV X 02/10/03 9278 COMMUNICATIONS INC DE X 01/31/03 ADVANCED TISSUE SCIENCES INC DE X X 02/07/03 AGILENT TECHNOLOGIES INC DE X 02/07/03 AK STEEL HOLDING CORP DE X X 02/07/03 ALKERMES INC PA X X 02/07/03 ALPHA HOSPITALITY CORP DE X X X 12/10/02 AMEND AT ROAD INC CA X X 02/06/03 ATLANTIC COAST AIRLINES HOLDINGS INC DE X 02/10/03 ATLANTIC SYNDICATION NETWORK INC NV X 02/08/03 BANCTEC INC DE X X 11/27/02 AMEND BANK OF AMERICA MORT SEC INC MORT PAS DE X X 01/27/03 BANNER CORP WA X X 02/05/03 BEAR STEARNS ALT A TR MORTGAGE PASS T NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS DE X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS DE X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS DE X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 01/27/03 BEAR STEARNS ARM TRUST MORTGAGE PASS- NY X X 01/27/03 BERKSHIRE HILLS BANCORP INC X X 02/07/03 BIOKEYS PHARMACEUTICALS INC DE X X 02/04/03 BIOMARIN PHARMACEUTICAL INC DE X X 02/09/03 BORLAND SOFTWARE CORP DE X 01/14/03 AMEND BUTLER MANUFACTURING CO DE X 02/10/03 CARREKER CORP DE X 02/07/03 CATERPILLAR INC DE X 02/10/03 CHAMPION ENTERPRISES INC MI X X 01/31/03 CHILDTIME LEARNING CENTERS INC MI X X 02/10/03 CHURCH & DWIGHT CO INC /DE/ DE X 12/31/02 COACHMEN INDUSTRIES INC IN X 02/06/03 COLORADO MEDTECH INC CO X X 01/24/03 COLUMBUS MCKINNON CORP NY X X 02/10/03 COMMONWEALTH ENERGY CORP X 02/10/03 COMPREHENSIVE CARE CORP DE X X 02/10/03 COMPUTER TASK GROUP INC NY X 02/10/03 CREDIT SUISSE FIRST BOSTON MOR AC COR DE X 02/07/03 CROWN CASTLE INTERNATIONAL CORP DE X X 02/07/03 CROWN CASTLE INTERNATIONAL CORP DE X X 02/07/03 AMEND DANA CORP VA X 02/06/03 DCAP GROUP INC/ DE X 01/03/03 DRUGMAX INC NV X X 02/05/03 E TRADE BANK ARM TRUST MORTGAGE PASS DE X X 01/27/03 EDT LEARNING INC DE X 12/13/02 AMEND EL PASO CORP/DE DE X X 02/10/03 ELGIN NATIONAL INDUSTRIES INC DE X 01/24/03 ENESCO GROUP INC MA X 02/10/03 ENRON CORP/OR/ OR X X 02/10/03 ENTHEOS TECHNOLOGIES INC NV X X X 02/10/03 ENVIRO ENERGY CORP DE X 12/18/02 AMEND EPIQ SYSTEMS INC MO X X 02/10/03 FACTUAL DATA CORP CO X X 02/10/03 FEDERAL AGRICULTURAL MORTGAGE CORP X 02/10/03 FEDERATED DEPARTMENT STORES INC /DE/ DE X 02/10/03 FINDWHAT COM INC NV X X 02/10/03 FIRST COLONIAL GROUP INC PA X 02/10/03 FIRST CONSUMERS MASTER TRUST IL X 12/31/02 FOG CUTTER CAPITAL GROUP INC MD X 03/07/03 G REIT INC VA X X 11/27/02 AMEND GENLYTE GROUP INC DE X X 02/10/03 GEODYNE ENERGY INCOME LTD PARTNERSHIP OK X X 02/10/03 GRAHAM PACKAGING HOLDINGS CO DE X 02/10/03 GRANT GEOPHYSICAL INC DE X X 02/10/03 GRANT PRIDECO INC DE X X 02/06/03 GROWTH MERGERS INC NV X X 01/30/03 GULFMARK OFFSHORE INC DE X 02/10/03 HEI INC MN X X 01/24/03 HERITAGE PROPERTY INVESTMENT TRUST IN MD X X 02/10/03 HOLLYWOOD MEDIA CORP FL X X 02/10/03 HUDSON HOTELS CORP NY X 01/24/03 INERGY L P X 02/10/03 INTERNATIONAL BUSINESS MACHINES CORP NY X 02/07/03 INTERNATIONAL LEASE FINANCE CORP CA X 02/05/03 INTERNATIONAL RECTIFIER CORP /DE/ DE X 02/07/03 JAMES CABLE PARTNERS LP /DE/ DE X 02/10/03 KEYSTONE PROPERTY TRUST MD X X X 01/31/03 KNIGHT TRANSPORTATION INC AZ X X 02/06/03 KRISPY KREME DOUGHNUTS INC X X 02/07/03 KUSHNER LOCKE CO CA X 02/07/03 KYZEN CORP TN X X 02/06/03 LOTUS PACIFIC INC DE X 11/03/02 LTC PROPERTIES INC MD X 02/07/03 LUMENON INNOVATIVE LIGHTWAVE TECHNOLO DE X X X 02/07/03 MAGNA ENTERTAINMENT CORP DE X 02/07/03 AMEND MAIL WELL INC CO X 02/10/03 MAIL WELL INC CO X 02/10/03 MEDICIS PHARMACEUTICAL CORP DE X X 02/10/03 MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE X X 02/07/03 MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE X X 02/07/03 METLIFE INC DE 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X X 02/08/03 TRINITY COMPANIES INC UT X 01/24/03 AMEND UNITED BANCSHARES INC/OH OH X 02/10/03 UNITED STATES STEEL CORP DE X X 02/10/03 USAA ACCEPTANCE LLC AUTO OWNER TRUST X 01/15/03 VALSPAR CORP DE X X 02/10/03 WAMU MORTGAGE PASS THROUGH CERT SER 2 DE X X 02/01/03 WAMU MORTGAGE PASS THROUGH CERT SERIE DE X X 02/01/03 WARNACO GROUP INC /DE/ DE X X 02/04/03 WASHINGTON MUTUAL MSC MORT PASS THRU DE X X 02/01/03 WASHINGTON MUTUAL MSC MORTGAGE PASS T DE X X 02/01/03 WESTMORELAND COAL CO DE X X 02/10/03 WESTPORT RESOURCES CORP /NV/ NV X X 02/05/03 WINTHROP GROWTH INVESTORS I LP MA X 11/27/02 AMEND ZEPPELIN ENERGY INC DE X 02/04/03