SEC NEWS DIGEST Issue 2004-52 March 17, 2004 COMMISSION ANNOUNCEMENTS SEC AND CFTC SIGN MEMORANDUM OF UNDERSTANDING REGARDING OVERSIGHT OF SECURITY FUTURES PRODUCT TRADING AND SHARING OF SECURITY FUTURES PRODUCT INFORMATION On March 17, Securities and Exchange Commission Chairman William H. Donaldson and Commodity Futures Trading Commission (CFTC) Chairman James E. Newsome today signed a Memorandum of Understanding (MOU) regarding the oversight of security futures product (SFP) trading and the sharing of security futures product information. The Commodity Futures Modernization Act of 2000 gives the SEC and CFTC joint authority for the oversight and regulation of security futures products. In November 2002, OneChicago and NQLX began trading these products under the joint supervision of the agencies. "The coordination and information sharing envisioned by this MOU are important steps in ensuring effective oversight of this jointly regulated market," SEC Chairman Donaldson said. "We look forward to working with the CFTC in fulfilling our respective responsibilities in this developing market." CFTC Chairman Newsome said, "It gives me great pleasure to sign this MOU, which I believe will result in more effective and efficient joint CFTC and SEC oversight of security futures products while, at the same time, avoiding unnecessary regulatory burdens on market participants." With respect to security futures products, the MOU provides that the SEC and CFTC will notify each other of any planned examinations, advise the other of reasons for an intended examination, provide each other with examination-related information, and conduct examinations jointly, if feasible. The SEC and CFTC will also notify each other of significant issues arising from these markets and share trading data and related information for SFP activity. Implementation of this MOU should serve to increase the effectiveness and efficiency of the joint CFTC/SEC oversight of SFPs. (Press Rel. 2004-36) COMMISSION MEETINGS CLOSED MEETING - THURSDAY, MARCH 25, 2004 - 2:00 P.M. The subject matter of the closed meeting scheduled for Thursday, March 25, will be: Formal orders of investigation; 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 SEC PROPOSES AMENDMENTS TO RULES GOVERNING EDGAR SYSTEM: MANDATORY IDENTIFICATION OF INVESTMENT COMPANY SERIES AND CLASSES; ADDITIONS TO MANDATORY ELECTRONIC FILINGS; AND TECHNICAL REVISIONS On March 16, the Commission issued a release proposing to expand the information that it requires certain investment company filers to submit electronically through the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system and to make certain technical changes to that system. Under the proposals, certain open-end management investment companies and insurance company separate accounts would have to identify in their EDGAR submissions information relating to their series and classes (or contracts, in the case of separate accounts). In addition, the proposals would add several investment company filings to the list of those that must be filed electronically (filings under Section 17(g) of the Investment Company Act, such as the registrant's fidelity bond under Investment Company Act Rule 17g-1(g)(1), and claims and settlements filed under Rule 17g-1(g)(2) and (3), respectively; litigation material filed under Section 33; and sales literature filed by non-NASD members with the Commission under Section 24(b)). The proposals would also make several minor and technical amendments to the rules governing the electronic submission of filings through EDGAR. Comments on the proposals should be submitted to the Commission on or before the date which is 60 days from the date of publication in the Federal Register. (Rels. 33-8401; 34-49426; 35-27816; 39-2417; IC- 26388; File No. S7-16-04; P ress Rel. 2004-37) ENFORCEMENT PROCEEDINGS DAMIAN DELGADO BARRED FROM ASSOCIATION WITH ANY BROKER-DEALER On March 16, the Commission instituted and simultaneously settled public administrative proceedings against Damian Delgado (Delgado), a resident of Florida. Without admitting or denying the Commission's findings, Delgado consented to the Commission's Order. The Order found that on February 27, 2004, Delgado was permanently enjoined from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934, and Rule 10b- 5 thereunder, in the district court action SEC v. James Mulhearn, Damian Delgado, and Adrian Balboa, Civil Action Number 03-61747-MARTINEZ (S.D.Fla.). The complaint in the district court action alleged that Delgado engaged in a fraudulent, unregistered offering of securities in Safetynet Industries, Inc. Based on the injunction entered against him, the Commission ordered that Delgado be barred from association with any broker or dealer. (Rel. 34-49425; File No. 3-11434) SCOTT SULLIVAN, FORMER CHIEF FINANCIAL OFFICER AT WORLDCOM, SUSPENDED FROM PRACTICING BEFORE THE COMMISSION AS AN ACCOUNTANT Today the Commission suspended former WorldCom Chief Financial Officer Scott D. Sullivan from appearing or practicing before the Commission as an accountant. Sullivan consented to the suspension without admitting or denying the suspension order's findings. The suspension was based on a judgment of permanent injunction entered on March 8, 2004, by the U.S. District Court for the Southern District of New York. That judgment: (1) enjoins Sullivan from violating Section 17(a) of the Securities Act of 1933 (Securities Act) and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5, 13b2-1 and 13b2-2 thereunder, and from aiding and abetting WorldCom's violations of Section 13(a), 13(b)(2)(A) and 13(b)(2)(B) and Rules 12b- 20, 13a-1 and 13a-13; (2) prohibits him from acting as an officer or director of any issuer that has a class of securities registered pursuant to Exchange Act Section 12 or that is required to file reports pursuant to Exchange Act Section 15(d); and (3) provides that any monetary relief will be decided by the Court at a later date. The Commission's civil complaint against Sullivan, filed on March 2, 2004, alleged, among other things, that by September 2000, Sullivan and other senior WorldCom executives knew that WorldCom's true operating performance and financial results were materially below the financial guidance they had given to Wall Street analysts and investors. Rather than disclose WorldCom's true financial condition and suffer the resulting decline in the company's share price, from approximately September 2000 through June 2002, Sullivan engaged in a scheme that fraudulently concealed WorldCom's true operational and financial results. The scheme involved improperly manipulating WorldCom's reported revenue, expenses, net income, earnings before interest, taxes, depreciation and amortization (EBITDA), and earnings per share. See Litigation Release No. 18605 (March 2, 2004). Also on March 2, 2004, in connection with the same conduct, Sullivan pleaded guilty to criminal charges filed by the U.S. Attorney's Office for the Southern District of New York. The Commission acknowledges the assistance and cooperation of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation. (Rels. 33-8402; 34-49431; AAE Rel. 1977; File No. 3-11435) COMMISSION FILES SUBPOENA ENFORCEMENT ACTION AGAINST ATTORNEY FOR THE HARTCOURT COMPANIES, INC. On March 16, the Commission filed an application with the U.S. District Court for the Central District of California for an order to enforce an investigative subpoena served on John A. Furutani, an attorney representing The Hartcourt Companies, Inc., a Utah corporation headquartered in Pasadena, California. Furutani is an attorney at the law offices of Furutani & Peters, LLP, which is also located in Pasadena. The Commission's subpoena sought documents and testimony from Furutani concerning, among other things, whether he sold Hartcourt securities while in possession of material nonpublic information. Furutani refused to fully comply with the Commission's subpoena based on several objections, including the attorney-client privilege and attorney work-product doctrine. The Commission alleges that Furutani sold at least 40,000 shares of Hartcourt common stock between May 8, 2003, when the Commission staff informed him of its intention to file a complaint against Hartcourt, and May 27, 2003, when the complaint was actually filed in SEC v. The Hartcourt Companies, Inc., Civil Action No. 02-3698-LGB (PLAx) (C.D. Cal.). In its application, the Commission asserts that the attorney- client privilege and work-product doctrine do not protect the documents and testimonial responses sought by the Commission and that none of Furutani's other objections provide a valid justification for his failure to comply. The Commission requested that the Court order Furutani to show cause why he should not comply with the subpoena. A hearing on the Commission's application has not yet been scheduled. [SEC v. John A. Furutani, Civil Action No. CV 04-1775-GAF (MANx) (C.D. Cal.)] (LR-18626) COURT FREEZES MORE THAN $2 MILLION OF ASSETS LINKED TO SUSPICIOUS PURCHASES OF CALL OPTIONS OF INVISION TECHNOLOGY INC. SEC, IN EMERGENCY FEDERAL COURT ACTION, OBTAINS ORDER FREEZING CALL OPTIONS OF INVISION TECHNOLOGIES AND PROCEEDS FROM SALES OF INVISION CALL OPTIONS PURCHASED THROUGH FOREIGN BANKS DAYS BEFORE $900 MILLION MERGER ANNOUNCEMENT On March 16, 2004, the U.S. District Court for the Southern District of New York entered a Temporary Restraining Order freezing the accounts of certain Unknown Purchasers of the Call Options of InVision Technologies (Unknown Purchasers) prohibiting the Unknown Purchasers from obtaining the options or the proceeds from the sale of the options. The Commission alleges that the Unknown Purchasers engaged in illegal insider trading in the last six business days before the March 15, 2004, announcement that GE Infrastructure, a subsidiary of General Electric Company, intended to acquire InVision, a manufacturer of explosive-detection systems, for $50 per share in cash for all outstanding InVision shares. The Commission's complaint also alleges: During the period from March 6, 2004, through March 12, 2004, the Unknown Purchasers purchased a total of 4575 out-of-the-money March 45 and April 45 call options for the shares of InVision. The Unknown Purchasers placed their purchase orders through UBS affiliates in Zurich and London and through UPB Private Bank, Geneva which, in turn, forwarded the purchase orders to UBS Securities LLC, a broker-dealer headquartered in Stamford, Connecticut, for execution. The transaction was announced before the opening of the market on Monday March 15, 2004. When InVision opened for trading on March 15, 2004, the price of InVision's common stock increased by nearly 20% from the Friday closing price, opening at approximately $49.30 per share, an increase of over $8 per share from its closing price on Friday, March 12, 2004. As a result, the value of the Unknown Purchasers call options increased by about $1.7 million. Also on March 15, 2004, the Unknown Purchasers sold most of the call options, realizing profits of about $1.27 million. Including the unrealized profits from the call options not sold, the total realized and unrealized profits are about $1.7 million. In the pending lawsuit, the Commission alleges that the unknown defendants engaged in illegal insider trading in violation of Section 10(b) of the Securities Exchange Act and Rule 10b-5. The complaint seeks permanent injunctive relief, the disgorgement of all illegal profits, and the imposition of civil monetary penalties. The Court's Temporary Restraining Order prohibits the removal of the InVision call options, or the proceeds from the sales of the InVision call options from the U.S. brokerage accounts or other entities in which the securities or funds may be. In addition, the Order requires the Unknown Purchasers to identify themselves, imposes an expedited discovery schedule and prohibits the defendants from destroying documents. The Commission acknowledges the assistance of the International Stock Exchange in this matter. [SEC v. One or More Unknown Purchasers of Call Options for the Common Stock of InVision Technologies, Inc., 04 Civ.02037(WHP) SDNY] (LR-18627) INVESTMENT COMPANY ACT RELEASES BLDRS INDEX FUNDS TRUST, ET AL. A notice has been issued giving interested persons until April 8, 2004, to request a hearing on an application filed by BLDRS Index Funds Trust, et al. for an order exempting applicants from Section 12(d)(1)(A) of the Investment Company Act and from Section 17(a) of the Act. The order would permit certain registered management investment companies and unit investment trusts to acquire shares of certain registered unit investment trusts that operate as exchange-traded funds and are outside the same group of investment companies. The order also would amend two prior orders. (Rel. IC-26386 - March 15) HENNION & WALSH, INC., ET AL. An order has been issued on an application filed by Hennion & Walsh, Inc., et al., under Section 6(c) of the Investment Company Act for exemptions from Sections 2(a)(32), 2(a)(35), 14(a), 19(b), 22(d) and 26(a)(2)(C) of the Act and Rules 19b-1 and 22c-1 under the Act, under Sections 11(a) and 11(c) of the Act approving certain offers of exchange, rollover privileges and conversion offers and under Sections 6(c) and 17(b) of the Act granting an exemption from Section 17(a) of the Act. The order would permit certain unit investment trusts to: (a) impose sales charges on a deferred basis and waive the deferred sales charge in certain cases; (b) publicly offer units without requiring the sponsor to take for its own account or place with others $100,000 worth of units; (c) offer unitholders certain exchange and rollover privileges and conversion offers; (d) distribute capital gains resulting from the sale of portfolio securities within a reasonable time after receipt; and (e) sell portfolio securities of a terminating series of the trust to a new series of the trust. (Rel. IC-26387 - March 15) HOLDING COMPANY ACT RELEASES DOMINION RESOURCES INC., ET AL. An order has been issued authorizing a proposal by Dominion Resources, Inc. (DRI), a registered holding company, and Consolidated Natural Gas Company, a registered holding company and direct subsidiary of DRI, to issue additional short term debt. (Rel. 35-27814) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-NASD-2004-035) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., extending a pilot relating to the issuance of market participant identifiers, 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 March 15. (Rel. 34- 49409) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change (SR-OCC-2003-08) filed by The Options Clearing Corporation that allows OCC to restructure its rules applicable to delivery settlement of exercised stock options and matured stock futures. Publication of the order is expected in the Federal Register during the week of March 15. (Rel. 34-49420) PROPOSED RULE CHANGE The National Securities Clearing Corporation filed a proposed rule change (SR-NSCC-2003-20) that would allow NSCC to eliminate the higher capital requirements imposed on certain members that process investment fund transactions through NSCC's Mutual Fund Services. Publication of the proposal is expected in the Federal Register during the week of March 15. (Rel. 34-49422) WITHDRAWALS GRANTED An order has been issued granting the application of CNE Group, Inc. to withdraw its common stock, $.00001 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on March 17. (Rel. 34-49428) An order has been issued granting the application of Matsushita Electric Industrial Co., Ltd. to withdraw its American Depositary Shares evidenced by American Depositary Receipts (each share representing one share of common stock) from listing and registration on the Pacific Exchange, effective at the opening of business on March 17. (Rel. 34- 49429) An order has been issued granting the application of Columbia Laboratories, 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 March 17. (Rel. 34-49430) 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 RAPA MINING INC, 4,225,000 ($845,000.00) Equity, (File 333-113627 - Mar. 16) (BR. 09) S-8 GREENLAND CORP, 6194584226 - 23,000,000 ($230,000.00) Equity, (File 333-113628 - Mar. 16) (BR. 07) S-8 ELECTRONICS FOR IMAGING INC, 303 VELOCITY WAY, FOSTER CITY, CA, 94404, 6503573500 - 271,983 ($6,902,928.54) Equity, (File 333-113629 - Mar. 16) (BR. 03) S-3 AMERICAN EQUITY INVESTMENT LIFE HOLDING CO, 5000 WESTOWN PARKWAY, SUITE 440, WEST DEMOINES, IA, 50266, 5152210002 - 0 ($250,000,000.00) Other, (File 333-113630 - Mar. 16) (BR. 01) S-8 NANNACO INC, 2935 THOUSAND OAKS, SUITE 6, SAN ANTONIO, TX, 78247, 2105453570 - 65,000,000 ($682,500.00) Equity, (File 333-113631 - Mar. 16) (BR. 06) S-8 CHEROKEE INTERNATIONAL CORP, 2841 DOW AVENUE, TUSIN, CA, 92780, 7145446665 - 0 ($30,459,113.95) Equity, (File 333-113632 - Mar. 16) (BR. 36) S-8 WORLDTEQ GROUP INTERNATIONAL INC, 30 WEST GUDE DRIVE, SUITE 470, ROCKVILLE, MD, 20850, 2404032000 - 3,350,000 ($435,500.00) Equity, (File 333-113633 - Mar. 16) (BR. 08) S-8 MERIDIAN HOLDINGS INC, 900 WILSHIRE AVENUE SUITE 500, LOS ANGELES, CA, 90017, 2136278878 - 5,000,000 ($1,000,000.00) Equity, (File 333-113634 - Mar. 16) (BR. 02) S-3 BEAR STEARNS ASSET BACKED SECURITIES I LLC, 383 MADISON AVENUE, NEW YORK, NY, 10179, 2122722000 - 1,000,000 ($1,000,000.00) Debt Convertible into Equity, (File 333-113636 - Mar. 16) (BR. 05) S-3 CSX CORP, 500 WATER STREET, 15TH FLOOR, JACKSONVILLE, FL, 32202, 9043593200 - 0 ($1,200,000,000.00) Unallocated (Universal) Shelf, (File 333-113637 - Mar. 16) (BR. 05) S-8 UNIVERSAL GUARDIAN HOLDINGS INC, 760-579-0808 - 3,000,000 ($2,280,000.00) Equity, (File 333-113638 - Mar. 16) (BR. 08) S-4 HUNTINGTON BANCSHARES INC/MD, HUNTINGTON CTR, 41 S HIGH ST HC0632, COLUMBUS, OH, 43287, 6144808300 - 26,515,104 ($592,551,300.00) Equity, (File 333-113639 - Mar. 16) (BR. 07) S-4 SAUL B F REAL ESTATE INVESTMENT TRUST, 7501 WISCONSIN AVENUE, SUITE 1500, BETHESDA, MD, 20814, (301)986-6000 - 250,000,000 ($250,000,000.00) Non-Convertible Debt, (File 333-113640 - Mar. 16) (BR. 07) S-8 LIFEPOINT INC, 1205 S. DUPONT ST., ONTARIO, A6, 91761, 9094183052 - 9,932,190 ($3,674,910.00) Equity, (File 333-113642 - Mar. 16) (BR. 36) S-3 XOMA LTD /DE/, 2910 SEVENTH ST, BERKELEY, CA, 94710, 5106441170 - 5,000,000 ($28,500,000.00) Equity, (File 333-113643 - Mar. 16) (BR. 01) S-3 HOLLIS EDEN PHARMACEUTICALS INC /DE/, 4435 EASTGATE MALL, SUITE 400, SAN DIEGO, CA, 92121, 858-587-9333 - 0 ($3,963,965.00) Equity, (File 333-113644 - Mar. 16) (BR. 01) S-8 DOLLAR GENERAL CORP, 100 MISSION RIDGE, GOODLETTSVILLE, TN, 37072, 6158554000 - 500,000 ($6,340,000.00) Equity, (File 333-113645 - Mar. 16) (BR. 02) S-8 SOTHEBYS HOLDINGS INC, 500 NORTH WOODWARD AVENUE, SUITE 100, BLOOMFIELD HILLS, MI, 48304, 2486462400 - 2,000,000 ($27,780,000.00) Equity, (File 333-113647 - Mar. 16) (BR. 08) S-8 BOISE CASCADE CORP, 1111 WEST JEFFERSON STREET, P O BOX 50, BOISE, ID, 83728-0001, 2083846161 - 0 ($15,945,000.00) Equity, (File 333-113648 - Mar. 16) (BR. 04) S-8 SOUTHWEST COMMUNITY BANCORP, 1,000,000 ($34,000,000.00) Equity, (File 333-113649 - Mar. 16) (BR. 07) S-3 PERFORMANCE TECHNOLOGIES INC \DE\, 205 INDIGO CREEK DRIVE, ROCHESTER, NY, 14626, 5852560200 - 1,000,000 ($93,680.00) Equity, (File 333-113650 - Mar. 16) (BR. 36) S-8 MAXYGEN INC, 515 GALVESTON DRIVE, REDWOOD CITY, CA, 94063, 6502985300 - 2,055,849 ($18,821,297.60) Equity, (File 333-113651 - Mar. 16) (BR. 01) S-1 AMERICAN BAR ASSOCIATION MEMBERS STATE STREET COLLECTIVE TR, 225 FRANKLIN ST, C/O STATE ST BANK & TRUST CO, BOSTON, MA, 02110, 6179853000 - 0 ($250,000,000.00) Other, (File 333-113653 - Mar. 16) (BR. 07) S-3 KERYX BIOPHARMACEUTICALS INC, 750 LEXINGTON AVENUE, ., NEW YORK, NY, 10022, 212-531-5965 - 0 ($40,160,000.00) Equity, (File 333-113654 - Mar. 16) (BR. 01) S-4 FIFTH THIRD BANCORP, 38 FOUNTAIN SQ PLZ, FIFTH THIRD CENTER, CINCINNATI, OH, 45263, 5135795300 - 5,700,000 ($171,399,000.00) Equity, (File 333-113655 - Mar. 16) (BR. 07) S-8 US HOME & GARDEN INC, 655 MONTGOMERY ST STE 500, SAN FRANCISCO, CA, 94111, 4156168111 - 485,000 ($596,550.00) Equity, (File 333-113656 - Mar. 16) (BR. 02) S-4 SENSUS METERING SYSTEMS INC, 8609 SIX FORKS ROAD, RALEIGH, NC, 27615, 9198703216 - 0 ($275,000,000.00) Other, (File 333-113658 - Mar. 16) (BR. ) S-3 HOUSTON EXPLORATION CO, 1100 LOUISIANA STREET, SUITE 2000, HOUSTON, TX, 77002-5219, 713-830-6800 - 17,380,392 ($702,167,836.80) Equity, 0 ($600,000,000.00) Unallocated (Universal) Shelf, (File 333-113659 - Mar. 16) (BR. 04) S-8 ALLEGHENY ENERGY INC, 10435 DOWNSVILLE PIKE, HAGERSTOWN, MD, 21740-1766, 3017903400 - 2,000,000 ($24,100,000.00) Equity, (File 333-113660 - Mar. 16) (BR. 02) S-3 FRIEDMAN BILLINGS RAMSEY GROUP INC, 7033129500 - 0 ($1,199,350,000.00) Equity, (File 333-113661 - Mar. 16) (BR. 08) S-8 HOMESTORE INC, 8055572300 - 11,965,938 ($45,829,542.54) Equity, (File 333-113662 - Mar. 16) (BR. 08) SB-2 METASUN ENTERPRISES INC, 10,357,500 ($1,553,625.00) Equity, (File 333-113663 - Mar. 16) (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. 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 HOLDING CO FL X X X 03/16/04 24/7 REAL MEDIA INC DE X 03/11/04 ABLE ENERGY INC DE X X 03/16/04 AFC ENTERPRISES INC MN X X 03/09/04 ALDERWOODS GROUP INC DE X X 03/16/04 ALEXION PHARMACEUTICALS INC DE X X 03/16/04 ALL AMERICAN SEMICONDUCTOR INC DE X X 03/16/04 ALPHARX INC DE X X 03/16/04 AMEDISYS INC DE X X 03/01/04 AMERICAN MANAGEMENT SYSTEMS INC DE X X X 03/10/04 AMERICAN REAL ESTATE PARTNERS L P DE X X 03/15/04 ANGEION CORP/MN MN X X X 02/11/04 APPLIED DIGITAL SOLUTIONS INC MO X X 03/15/04 ARDEN GROUP INC DE X X 03/16/04 ASCENT ASSURANCE INC DE X X 03/15/04 ASHFORD HOSPITALITY TRUST INC MD X X 03/12/04 ASSET BACKED PASS THRU CERTS SERIES 2 DE X X 03/15/04 ATWOOD OCEANICS INC TX X 03/16/04 AUTHORISZOR INC DE X X X 03/16/04 BAKERS FOOTWEAR GROUP INC MO X X 03/12/04 BAYOU STEEL CORP DE X X 03/10/04 BEVERLY ENTERPRISES INC DE X 03/12/04 BLYTH INC DE X 03/15/04 BOSTON PROPERTIES INC DE X 03/01/04 BRADEN TECHNOLOGIES INC NV X X 03/15/04 BRE PROPERTIES INC /MD/ MD X X 03/12/04 BUCKLE INC NE X 03/16/04 BULLDOG TECHNOLOGIES INC NV X 03/15/04 BUTLER MANUFACTURING CO DE X X 03/16/04 C&D TECHNOLOGIES INC DE X X 03/15/04 CALPINE CORP DE X 03/12/04 CAPITAL TRUST INC MD X X 03/10/04 CARDIODYNAMICS INTERNATIONAL CORP CA X 03/16/04 CARVER BANCORP INC DE X X 01/29/04 CD&L INC DE X X 03/01/04 CGI HOLDING CORP NV X 03/09/04 CHASE MANHATTAN AUTO TRUST 2004-A DE X X 03/03/04 CHEFS INTERNATIONAL INC DE X X 03/15/04 CHESAPEAKE CORP /VA/ VA X X 03/09/04 CHINA FUND INC MD X 01/01/04 CIBER INC DE X X 03/10/04 COMMERCE ONE INC / DE/ DE X X 03/14/04 COMMERCIAL MORTGAGE PASS THROUGH CERT DE X X 03/16/04 AMEND COMMERCIAL MORTGAGE PASS THROUGH CERT DE X X 03/16/04 AMEND COMMERCIAL MORTGAGE PASS THROUGH CERT DE X X 03/16/04 AMEND COMMUNITY FIRST BANKSHARES INC DE X X 03/15/04 CONNETICS CORP DE X X 03/04/04 CONVERSION SERVICES INTERNATIONAL INC DE X X 03/04/04 CRITICAL HOME CARE INC NV X 03/10/04 CSFB MORT SEC CORP COM MORT PAS THR C DE X X 03/15/03 AMEND D&E COMMUNICATIONS INC PA X 03/15/04 DAIMLERCHRYSLER AUTO TRUST 2004-A MI X X 03/04/04 DEVCON INTERNATIONAL CORP FL X X 03/16/04 DHB INDUSTRIES INC DE X X 03/15/04 DIAGNOSTIC PRODUCTS CORP CA X X 02/13/04 DIAMOND OFFSHORE DRILLING INC DE X X 03/16/04 DONNELLEY R R & SONS CO DE X 02/27/04 AMEND DOWNEY FINANCIAL CORP DE X X 02/29/04 DPL INC OH X X 03/15/04 DYNAMIC MATERIALS CORP DE X X 03/15/04 DYNEX CAPITAL INC VA X 12/31/03 ECB BANCORP INC NC X X 03/16/04 ECHOSTAR DBS CORP CO X 03/15/04 EL PASO CORP/DE DE X X 03/16/04 ENDOCARE INC DE X X 03/16/04 ENRON CORP/OR/ OR X X 03/09/04 ENSCO INTERNATIONAL INC DE X 03/15/04 ENTERTAINMENT PROPERTIES TRUST MD X X 03/01/04 AMEND ENZO BIOCHEM INC NY X 12/15/03 EYE CARE INTERNATIONAL INC DE X X 03/10/04 FACTSET RESEARCH SYSTEMS INC DE X X 02/29/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 03/16/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 03/16/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 03/16/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 03/16/04 FARNSWORTH BANCORP INC NJ X X 03/15/04 FEDERAL NATIONAL MORTGAGE ASSOCIATION X 03/15/04 FIRST AMERICAN CAPITAL CORP /KS KS X X 03/16/04 FIRST DELTAVISION INC NV X 01/01/04 AMEND FIRST NIAGARA FINANCIAL GROUP INC DE X X 03/16/04 FIRST UNION COM MOR SEC INC COM MOR P NY X X 03/16/04 AMEND FIRST UNION COMM MORT TRUST COMM MOR NY X X 03/15/03 AMEND FIRST UNION COMM MORT TRUST COMM MOR NY X X 03/15/04 AMEND FIRST UNION COMMERCIAL MORTGAGE PASS NC X X 03/15/04 AMEND FIRST UNION LEH BRO BANK OF AMER COM NY X X 03/16/04 AMEND FLEETBOSTON FINANCIAL CORP RI X X 03/15/04 FLEXIINTERNATIONAL SOFTWARE INC/CT DE X X 03/16/04 FNB FINANCIAL SERVICES CORP NC X 03/15/04 FNBG BANCSHARES INC GA X X X 03/16/04 AMEND FOREST OIL CORP NY X X X 03/15/04 FORTUNE FINANCIAL INC FL X X 11/19/03 FOSTER WHEELER LTD D0 X X X 03/16/04 FREQUENCY ELECTRONICS INC DE X 03/10/04 FRIEDMANS INC DE X 03/12/04 FTI CONSULTING INC MD X X 03/15/04 FX ENERGY INC NV X 03/16/04 GE COMMERCIAL MORT CORP COM MORT PS T DE X X 03/15/04 AMEND GENERAL MILLS INC DE X X 03/16/04 GLOBAL PAYMENT TECHNOLOGIES INC DE X X 03/10/04 GTC BIOTHERAPEUTICS INC MA X X 03/15/04 H QUOTIENT INC VA X 03/10/04 HANCOCK JOHN LIFE INSURANCE CO MA X X 03/15/04 HAROLDS STORES INC OK X X 03/11/04 HARVEY ELECTRONICS INC NY X 03/16/04 HEALTH CARE PROPERTY INVESTORS INC MD X X 03/12/04 HEALTHSOUTH CORP DE X X 03/16/04 HEARTLAND OIL & GAS CORP NV X 01/16/04 HELIX BIOMEDIX INC DE X 01/31/04 HEMAGEN DIAGNOSTICS INC DE X 03/10/04 HERLEY INDUSTRIES INC /NEW DE X X 02/01/04 HOLLY CORP DE X X 03/15/04 HOME EQUITY LOAN TRUST SERIES 2004-HS DE X 02/27/04 HUGHES ELECTRONICS CORP DE X X 03/16/04 HYDRIL CO DE X X 03/15/04 IDT CORP DE X X 03/15/04 IMPATH INC DE X X 03/11/04 INLAND WESTERN RETAIL REAL ESTATE TRU MD X X 03/04/04 INLAND WESTERN RETAIL REAL ESTATE TRU MD X 01/06/04 AMEND INLAND WESTERN RETAIL REAL ESTATE TRU MD X 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03/16/04 LIFE ENERGY & TECHNOLOGY HOLDINGS INC DE X X X 03/16/04 LIGHTPATH TECHNOLOGIES INC DE X X 03/15/04 LINK ENERGY LLC DE X X 03/16/04 LODGENET ENTERTAINMENT CORP DE X 03/16/04 M & F WORLDWIDE CORP DE X 03/15/04 MAINSOURCE FINANCIAL GROUP IN X X 03/16/04 MARCONI CORP PLC X0 X 03/16/04 MARINER HEALTH CARE INC DE X X 03/15/04 MASTR ASSET SECURITIZATION TRUST 2004 DE X 03/16/04 MAXWELL TECHNOLOGIES INC DE X 03/15/04 MBNA AMERICA BANK NATIONAL ASSOCIATIO DE X X 03/16/04 MBNA CORP MD X 03/16/04 MERISEL INC /DE/ DE X X 12/31/03 MERRILL LYNCH & CO INC DE X X 03/16/04 METRO-GOLDWYN-MAYER INC DE X X 03/15/04 METROCALL HOLDINGS INC DE X X 03/15/04 MICROFIELD GROUP INC OR X X 09/16/03 AMEND MIDDLESEX WATER CO NJ X 03/16/04 MIDWEST BANC HOLDINGS INC DE X 03/15/04 MISSION RESOURCES CORP DE X X 03/15/04 MISSION RESOURCES CORP DE X X 03/16/04 MORGAN STANLEY CAPITAL I TRUST 2003-I DE X X 03/15/04 AMEND MS STRUCTURED SATURNS SERIES 2004-5 DE X 03/16/04 NANTUCKET INDUSTRIES INC DE X 02/28/04 NATIONAL HOME HEALTH CARE CORP DE X 03/16/04 NATURAL GAS SERVICES GROUP INC X 03/15/04 NAVISITE INC DE X 03/16/04 NAVISTAR FINANCIAL RETAIL RECEIVABLES DE X X 03/15/04 NETBANK INC GA X X 03/15/04 NEWFIELD EXPLORATION CO /DE/ DE X 03/15/04 NOBILITY HOMES INC FL X 03/04/04 NORSTAN INC MN X X 03/16/04 NORTH AMERICAN GENERAL RESOURCES CORP X X 03/01/04 NORTHERN STATES FINANCIAL CORP /DE/ DE X 03/16/04 NORTHWESTERN CORP DE X X 03/15/04 NRG ENERGY INC DE X X 03/16/04 NTN COMMUNICATIONS INC DE X X 12/31/03 OMNICOM GROUP INC NY X X X 03/11/04 OREGON STEEL MILLS INC DE X 12/31/03 ORTHODONTIC CENTERS OF AMERICA INC /D DE X X 03/15/04 OWENS ILLINOIS INC /DE/ DE X 03/16/04 PACIFIC GAS & ELECTRIC CO CA X 03/16/04 PACIFIC SUNSET INVESTMENTS INC MN X 03/15/04 PC TEL INC DE X X 01/02/04 AMEND PEGASUS COMMUNICATIONS CORP / DE X X 03/16/04 PER SE TECHNOLOGIES INC DE X X 03/16/04 PETROLEUM HELICOPTERS INC LA X X 03/16/04 PG&E CORP CA X 03/16/04 PHOENIX COMPANIES INC/DE DE X X 03/15/04 PINNACLE AIRLINES 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03/15/04 SETO HOLDINGS INC NV X X 03/15/04 SIGMA DESIGNS INC CA X X 01/31/04 SIMPSON MANUFACTURING CO INC /CA/ DE X 03/15/04 SKINOVATION PHARMACEUTICAL INC NV X X 02/09/04 AMEND SLC STUDENT LOAN RECEIVABLES I INC DE X X 02/29/04 SMITHTOWN BANCORP INC NY X 03/16/04 SOMANETICS CORP MI X 03/16/04 SONIC MEDIA CORP NV X 03/15/04 SONORAN ENERGY INC WA X 03/16/04 SOUTHWEST WATER CO DE X X 03/16/04 STAGE STORES INC NV X X X 03/16/04 STANDARD PACIFIC CORP /DE/ DE X X 03/11/04 STEPAN CO DE X X 03/11/04 STRAYER EDUCATION INC MD X X 03/16/04 STRUCTURED ASSET MORTGAGE INVESTMENTS X X 01/28/04 STRUCTURED ASSET MORTGAGE INVESTMENTS X X 02/28/04 STUDENT ADVANTAGE INC DE X X 03/15/04 SWISS MEDICA INC DE X X 02/19/04 SYNIVERSE TECHNOLOGIES INC DE X X 03/11/04 TECUMSEH PRODUCTS CO MI X X 03/15/04 TOLL BROTHERS INC DE X X 03/16/04 TRANSBOTICS CORP DE X 03/15/04 TRAVELERS PROPERTY CASUALTY CORP CT X X 03/15/04 TRENWICK AMERICA CORP DE X X 02/20/04 TRENWICK GROUP LTD X X 02/20/04 TRINITY LEARNING CORP UT X 03/15/04 U S REALTEL INC DE X X 03/15/04 UMPQUA HOLDINGS CORP OR X X 03/15/04 UNITED AUTO GROUP INC DE X X 03/16/04 URBAN OUTFITTERS INC PA X X 03/11/04 URECOATS INDUSTRIES INC DE X 03/16/04 US 1 INDUSTRIES INC IN X X 12/31/03 USAA ACCEPTANCE LLC TRUST 2004-1 X X 03/02/04 VERDISYS INC CA X X 03/15/04 VERMONT PURE HOLDINGS LTD/DE DE X X 03/16/04 WACHOVIA COMM MORT SEC INC COM MORT P NC X X 03/15/04 AMEND WACHOVIA COMMERCIAL MORT PASS THRU CE NC X X 03/15/04 AMEND WCI COMMUNITIES INC X 03/15/04 WEIRTON STEEL CORP DE X 03/16/04 WELLS REAL ESTATE INVESTMENT TRUST IN DE X 03/12/04 WESTAR ENERGY INC /KS KS X X 03/12/04 WHEELING PITTSBURGH CORP /DE/ DE X 03/16/04 WHITE MOUNTAINS INSURANCE GROUP LTD D0 X X 03/15/04 WILLIAMS COMPANIES INC DE X X 03/15/04 WITNET INTERNATIONAL INC X X X X 10/05/03 AMEND WOMEN FIRST HEALTHCARE INC DE X X 03/16/04 WPCS INTERNATIONAL INC DE X X 03/16/04 XICOR INC CA X X 03/14/04 XL CAPITAL LTD X X 03/16/04 YORK WATER CO PA X 03/16/04 YP NET INC NV X X 03/15/04 ZENITH TECHNOLOGY INC NV X 03/16/04 ZILA INC DE X X 03/16/04 MIKRON INFRARED INC NJ X X 03/15/04