SEC NEWS DIGEST Issue 2003-106 June 4, 2003 COMMISSION ANNOUNCEMENTS STEPHEN CUTLER TO TESTIFY Stephen M. Cutler, Director of the Commission's Division of Enforcement, will testify before the House Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises on Thursday, June 5, concerning H.R. 2179, the proposed Securities Fraud Deterrence and Investor Restitution Act of 2003. The hearing will begin at 10:00 a.m. in room 2128 of the Rayburn House Office Building. CHANGE IN THE MEETING: TIME CHANGE The time of the closed meeting scheduled for Tuesday, June 3, at 2:00 p.m. was changed to 1:00 p.m. 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 CHARGES MARTHA STEWART AND HER BROKER PETER BACANOVIC WITH ILLEGAL INSIDER TRADING The Commission filed charges against Martha Stewart, Chairman and CEO of Martha Stewart Living Omnimedia, Inc., and Peter Bacanovic, a former registered representative associated with Merrill Lynch, Pierce, Fenner, and Smith Incorporated, for illegal insider trading. The Commission's complaint, filed in the U.S. District Court for the Southern District of New York, alleges that Stewart sold stock in a biopharmaceutical company, ImClone Systems, Inc., on Dec. 27, 2001, after learning material, nonpublic information communicated from Bacanovic, who was Stewart's stockbroker at the time. Bacanovic's tip was that then- ImClone CEO Samuel Waksal and his daughter had instructed Merrill Lynch to sell all of their ImClone stock held at Merrill Lynch. At the time, according to the complaint, ImClone and the market were awaiting an imminent decision from the U.S. Food and Drug Administration on one of ImClone's key products, a cancer treatment called "Erbitux." The Commission alleges that information about the Waksals' efforts to sell signaled insider pessimism about the FDA decision, the prospects for Erbitux, and the future of ImClone. The Commission alleges that, based on this conduct, Stewart and Bacanovic violated 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. Specifically, the Commission's complaint alleges as follows: * On Dec. 26, 2001, Waksal privately learned that the FDA had decided to refuse to file ImClone's biologics license application for Erbitux. On Dec. 28, 2001, the FDA sent ImClone a Refusal to File (RTF) letter. After the market closed on Dec. 28, 2001, ImClone issued a press release, which disclosed that the FDA had issued an RTF letter. By the close of the next trading day, Monday, December 31, the price of ImClone stock dropped 16% to $46 per share. * Early in the morning on Dec. 27, 2001, the day before ImClone publicly disclosed the FDA decision, Waksal and his daughter placed orders with Douglas Faneuil (Bacanovic's assistant) to sell all of their ImClone shares at Merrill Lynch. Faneuil spent that morning talking to Bacanovic by telephone (Bacanovic was vacationing in Florida) and others at Merrill Lynch about Waksal's and his daughter's instructions to sell and whether Waksal could sell his shares, either directly or through his daughter's account. * Also on Dec. 27, 2001, in response to hearing from Faneuil that Waksal and his daughter had placed orders to sell all of their ImClone stock at Merrill Lynch, Bacanovic instructed Faneuil to tell Stewart that Waksal and his daughter had placed orders to sell all of their ImClone stock held in their Merrill Lynch accounts. Bacanovic's instructions to Faneuil violated Merrill Lynch policies prohibiting employees from sharing confidential client information with other clients and from effecting securities trades based on transactions of other clients. * Later on December 27, Faneuil told Stewart that the Waksals were selling or attempting to sell all of the ImClone stock they held at Merrill Lynch. Promptly upon hearing that information, Stewart instructed Faneuil to sell all 3,928 shares of her ImClone stock. By selling one day before ImClone announced that the FDA had issued an RTF letter, Stewart avoided losses of $45,673. * On several subsequent occasions, Stewart and Bacanovic lied to the Commission, the U.S. Attorney's Office for the Southern District of New York, and the Federal Bureau of Investigation about the events of Dec. 27, 2001 and the facts surrounding Stewart's sale of ImClone stock. For example, the Defendants fabricated a false alibi for Stewart's trades, stating that she sold her ImClone stock because she and Bacanovic had decided earlier that she would sell if ImClone's stock price fell below $60 per share. In addition, Stewart told the government that she did not recall anyone telling her that day that any of the Waksals were selling their ImClone stock. In its lawsuit, the Commission seeks an order requiring that Stewart and Bacanovic, jointly and severally, disgorge $45,673, representing the losses avoided by Stewart's sale of ImClone securities, and that they pay civil penalties and prejudgment interest. The Commission also seeks an order permanently enjoining Stewart and Bacanovic from violating the securities laws, and barring Stewart from acting as a director of, and limiting her activities as an officer of, a public company. The Commission acknowledges the assistance of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation in the investigation of this matter. [SEC v. Martha Stewart and Peter Bacanovic, 03-CIV-4070, NRB, USDC, SDNY ](LR-18169); (Press Rel. 2003-69) SEC INSTITUTES ADMINISTRATIVE PROCEEDINGS AGAINST DOUGLAS FANEUIL On June 4, the Commission instituted public administrative proceedings against Douglas Faneuil (Faneuil), a former registered representative associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, which is registered with the Commission as a broker-dealer and investment adviser. In an Order Instituting Administrative Proceedings Pursuant to Sections 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act, Making Findings, and Imposing Remedial Sanctions (Order), the Commission simultaneously accepted Fanueil's Offer of Settlement, permanently barring Faneuil from association with any broker, dealer or investment adviser. Faneuil consented to the issuance of the Order, without admitting or denying the Commission's findings that on Oct. 2, 2002, Faneuil pled guilty to one misdemeanor count of receiving money or other valuable things as consideration for not informing against a violation of a law of the United States. Specifically, the misdemeanor information to which Faneuil pled guilty alleged, among other things, that Faneuil did not inform the Commission staff of the true facts surrounding a sale of securities in violation of the antifraud provisions of the federal securities laws and in consideration for not informing, he received money and other things of value. (Rel. 34-47973; IA-2135; File No. 3- 11146) SEC OBTAINS FINAL JUDGMENT AGAINST DUNYASHA YETTS, WORLDWIDE FINANCIAL GROUP, INC. AND RELIEF DEFENDANT WORLD WIDE SPORTS GROUP, INC.; COMMISSION BARS YETTS FROM ASSOCIATION WITH A BROKER OR DEALER On May 20, the Honorable Gregory L. Frost, U.S. District Judge for the Southern District of Ohio, entered a final judgment against Dunyasha M. Yetts and two entities that he controls, Worldwide Financial Group, Inc. and World Wide Sports Group, Inc. The judgment enjoins Yetts and Worldwide Financial Group from violating the anti-fraud and broker- dealer registration provisions of the federal securities laws. The judgment orders Yetts, Worldwide Financial Group Inc. and Worldwide Sports Group, Inc, a relief defendant, jointly and severally to disgorge $2,980,627 (including prejudgment interest). The judgment also orders Yetts to pay a $110,000 civil penalty. The Commission's complaint alleged that Yetts, operating as an unregistered broker dealer, defrauded at least 14 customers of approximately $1.8 million in investment schemes from 1998 through early 2001. Yetts induced customers to entrust him with funds by falsely representing that he would invest their money in the stock market and other securities. Instead of investing those funds, Yetts misappropriated or diverted the money for other purposes, including paying personal and business expenses, making payments to earlier investors, and buying and selling securities for his own account or for other accounts he controlled, including accounts maintained in the name of his sports agency business, World Wide Sports. On his own behalf and on behalf of Worldwide Financial and World Wide Sports, Yetts consented to the entry of the judgment without admitting or denying the allegations contained in the Commission's complaint. Yetts further agreed to an order in his parallel bankruptcy proceeding that his $2,980,627 debt to the Commission would not be dischargeable. Finally, on June 3, 2003, the Commission entered an order, upon Yetts' consent, permanently barring him from association with a broker-dealer pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934. [SEC v. Dunyasha M. Yetts, et al., No. C2-01-1263 (S.D. Ohio)] (LR- 18167); Administrative Proceeding in the matter of Dunyasha M. Yetts - Rel. 34-47966; File No. 3-11142) SEC SUES FORMER MJK CLEARING, INC. EMPLOYEE FOR FRAUD AND AIDING AND ABETTING VIOLATIONS OF CUSTOMER PROTECTION AND BOOKS AND RECORDS PROVISIONS The Commission announced today that it filed a civil action against Thomas G. Brooks (Brooks), the former manager of the stock loan department at MJK Clearing, Inc. (MJK), for his fraudulent conduct between July 2001 and September 2001 relating to stock loan transactions between MJK and Native Nations, Inc. (Native Nations). The Commission's complaint, filed in the U.S. District Court for the District of Minnesota, alleges that from July 2001 through September 2001, Brooks, a resident of Eden Prairie, Minnesota, failed to collect millions of dollars in marks for stock loan transactions involving securities borrowed from Native Nations and owed to MJK, which was a subsidiary of Stockwalk, Inc. During this time period, Brooks never disclosed MJK's true financial condition which resulted from his department's failure to collect the marks owed to MJK to any of the broker-dealers his department conducted business with, while knowing the broker-dealers relied on MJK's financial condition to decide how much business to transact with MJK. The Commission further alleges that Brooks aided and abetted MJK's violations of the customer reserve requirements and record-keeping provisions during this same time period. According to the Complaint, Brooks falsified two stock loan reports which were used by MJK's accounting department to incorrectly compute MJK's customer reserve deposit. The false information was subsequently incorporated into MJK's FOCUS reports which Brooks subsequently provided to broker-dealers doing business with the SL Department. The Commission has charged Brooks with violating 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 and for aiding and abetting MJK's violations of Sections 15(c)(3) and 17(a) of the Securities Exchange Act of 1934 and Rules 15c3-3, 17a-3 and 17a-5. The Commission is seeking a permanent injunction, disgorgement of ill-gotten gains with prejudgment interest, and civil penalties from Brooks. [SEC v. Thomas G. Brooks, USDC, District of Minnesota, Civil Action No. CV 03-3319 ADM/AJB] (LR- 18168) SEC CHARGES FORMER CHAIRMAN OF THE BOARD OF DIRECTORS OF MCKESSON HBOC FOR HIS ROLE IN THE MASSIVE ACCOUNTING FRAUD The Commission today announced charges against the former Chief Executive Officer of HBO & Company and the former Chairman of the Board of Directors of McKesson HBOC, Charles W. McCall, for his role in the financial reporting fraud at the companies. McKesson HBOC (since renamed McKesson Corporation), a Fortune 100 company with headquarters in San Francisco, California, was formed by the January 1999 merger of McKesson Corporation with HBO & Company (HBOC), an Atlanta, Georgia- based vendor of healthcare software. McCall and other top officers participated in a long-running fraudulent scheme to artificially inflate revenue and net income of HBOC and later McKesson HBOC. McCall becomes the eleventh person charged by the Commission in its investigation of the long-running fraudulent scheme to inflate the company's revenue and net income. He is the highest company official to be charged. McCall, age 59, lives in Fort Lauderdale, Florida. [SEC v. Charles W. McCall, USDC, NDCA, Civil Action No. 03-2603 SC] (LR-18170; AAE Rel. 1792) RAY FERNANDEZ, FORMER CHAIRMAN AND CEO OF MADERA INTERNATIONAL, INC., ENJOINED AND BARRED FROM SERVING AS AN OFFICER OR DIRECTOR OF A PUBLIC COMPANY On May 8, 2003, the U.S. District Court for the District of Columbia entered a judgment of permanent injunction against Ramiro Rafael (Ray) Fernandez. The judgment enjoins Fernandez from violating the antifraud provisions and from aiding and abetting violations of the reporting provisions of the federal securities laws. The judgment also permanently prohibits Fernandez from acting as an officer or director of any publicly-held company The judgment further provides that the amount of any disgorgement or civil penalty to be paid by Fernandez shall be determined by the Court following a hearing. At that hearing, the issues will be limited to determining the appropriateness and amount of any such disgorgement and civil penalty, Fernandez will be precluded from arguing that he did not violate the federal securities laws as alleged in the Commission's amended complaint, and the allegations of the complaint will be accepted as true by the Court. Fernandez consented to the entry of the judgment without admitting or denying the allegations of the Commission's amended complaint. Ray Fernandez was Madera's Executive Vice President in charge of sales and marketing and Chief Executive Officer of Madera International Environmental, Inc., a wholly-owned subsidiary of Madera. In December 1998, he was additionally elected Chairman of the Board of Directors of Madera, and later, in November 2000, also became its Chief Executive Officer, replacing his father, Ramiro M. Fernandez-Moris. The amended complaint alleges: * Fernandez signed, in his capacities as Director and Chairman of the Board, Madera's fiscal year 1999 annual report on Form 10-K that was filed with the SEC on March 8, 2000 and that contained numerous false statements. * Fernandez posted numerous false statements concerning Madera on an Internet message board during the period April through September 19, 2001. * At the same time he inflated the share price of Madera through these fraudulent public disclosures about Madera's assets, operations, and revenues, Fernandez sold personal holdings of Madera common stock. Specifically, from May 2000 through July 2001, Fernandez sold at least 7,939,200 shares of Madera common stock and obtained proceeds of at least $68,791.65. [SEC v. Ramiro M. Fernandez-Moris, Daniel S. Lezak, and Ramiro Rafael (Ray) Fernandez,01 Civ. 1985 (JR) D.D.C.] (LR-18171; AAE Rel. 1793) COMMISSION SUES TWO UNLICENSED BROKER-DEALERS FOR UNREGISTERED OFFERINGS INVOLVING FRAUD The Commission announced today that it filed a complaint against two Los Angeles-area residents for violating the federal securities laws by selling stock through a company known as Pre-IPO Financial Group, LLC. Named in the complaint are Charles Bayne, age 47, of Glendale, and Ira Posnansky, age 56, of Los Angeles. The complaint alleges that Bayne and Posnansky acted as unlicensed broker-dealers and engaged in the unregistered offer and sale of the stock of two companies, raising more than $4.6 million. The complaint also alleges that Bayne made fraudulent statements in connection with the offer and sale of stock of one of the companies. The Commission charges that Bayne and Posnansky, acting through Pre-IPO Financial Group, LLC, a now-defunct company that they jointly own, sold the stock of Intellect Exchange and Medical Online to almost 150 investors throughout the United States. The complaint alleges that, from February 2000 through July 2001, Bayne and Posnansky sold more than $4.6 million of stock in the two companies and made more than $2.4 million in profits. According to the complaint, Bayne misrepresented to potential investors the likelihood that Intellect Exchange would be acquired or would conduct an initial public offering, and greatly exaggerated the returns that an investor would obtain if an acquisition or public offering were to occur. The complaint alleges that Bayne was responsible for the following misrepresentations: that Oracle Corp. had offered to purchase Intellect Exchange, that Intellect Exchange had been offered a reverse initial public offering worth $30 to $100 million, and that Intellect Exchange stock would open at $10 per share after its initial public offering. The complaint further alleges that neither of the offerings was registered with the Commission, and that neither Bayne nor Posnansky was registered with the Commission as a broker-dealer, as required. The Commission alleges that, as a result of the conduct described above, Bayne and Posnansky violated the securities and broker-dealer registration provisions of the federal securities laws, Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 15(a)(1) of the Securities Exchange Act of 1934. The Commission also alleges that Bayne violated the antifraud provisions, Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. In its action, the Commission seeks a final judgment against Posnansky enjoining him from future violations of the above provisions and assessing a civil penalty against him. The Commission also seeks a final judgment against Bayne enjoining him from future violations of the above provisions and ordering him to disgorge all of his profits and to pay a civil penalty. [SEC v. Charles Bayne a/k/a Charles Taylor and Ira Posnansky a/k/a Ira Post, Civil Action No. CV 03-3922 RGK (SHSx), CDCA] (LR-18172) HOLDING COMPANY ACT RELEASES FIRSTENERGY CORPORATION, ET AL. A supplemental order has been issued authorizing a proposal by FirstEnergy Corporation (FirstEnergy), a registered holding company and FirstEnergy's two service company subsidiaries, FirstEnergy Service Company and GPU Service, Inc. (collectively, Applicants). Applicants propose to extend their interim exemption to provide system services and request a reservation of jurisdiction of service procedures, policies, and agreements until June 30. (Rel. 35-27682) FIRSTENERGY CORP., ET AL. A notice has been issued giving interested persons until June 27 to request a hearing on a proposal by FirstEnergy Corp. (FirstEnergy), a registered holding company claiming, its utility subsidiaries, Ohio Edison Company, American Transmission Systems, Incorporated, The Cleveland Electric Illuminating Company, The Toledo Edison Company, Pennsylvania Power Company, and Northeast Ohio Natural Gas Corp., Jersey Central Power & Light Company, Pennsylvania Electric Company, Metropolitan Edison Company, York Haven Power Company, Waverly Electric Power & Light Company, and their respective nonutility subsidiaries (collectively, Applicants). Applicants request authority, through December 31, 2005, to enter into various external and intrasystem financing transactions. Applicants also request various service company approvals including the continuation of an interim exemption for certain maintenance and repair service contracts. (Rel. 35-27683) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the Chicago Stock Exchange to extend a Pilot Rule Interpretation Relating to Trading of Nasdaq/NM Securities in Subpenny Increments (SR-CHX-2003-13) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of June 2. (Rel. 34-47951) A proposed rule change filed by the National Association of Securities Dealers to extend the Pilot for Limit Order Protection of securities priced in decimals (SR-NASD-2003-89) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of June 2. (Rel. 34-47964) A proposed rule change (SR-NYSE-2003-20) filed by the New York Stock Exchange to extend a one-week pilot program with respect to disengaging NYSE Direct+ in five actively traded stocks 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 June 2. (Rel. 34-47965) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change and Amendments No. 1 and 2 thereto submitted by the Philadelphia Stock Exchange (SR-Phlx-2003-29) to extend its pilot of a system change to its Automatic Execution Feature (AUTO-X) for six-months. (Rel. 34-47955) APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change and Amendments No. 1, 2, 3, and 4 and issued notice of filing and granted accelerated approval to Amendments No. 5 and 6 thereto submitted under Section 19(b)(1) of the Securities Exchange Act of 1934 by the Chicago Board Options Exchange (SR-CBOE-2002-05) adopting the Hybrid trading system. (Rel. 34-47959) The Commission approved a proposed rule change submitted by the American Stock Exchange (SR-Amex-2003-17) amending its rules to allow "Market at 4:00 p.m." Orders for Exchange-Traded Funds. Publication of the order is expected in the Federal Register during the week of June 2. (Rel. 34- 47960) PROPOSED RULE CHANGE The New York Stock Exchange filed a proposed rule change, and Amendment Nos. 1 and 2 thereto, (SR-NYSE-2002-32) relating to the addition of interpretive material to several Exchange rules. (Rel. 34-47961) 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 AGERE SYSTEMS INC, 555 UNION BLVD, ALLENTOWN, PA, 18109, 6107124323 - 20,000,000 ($49,400,000.00) Equity, (File 333-105788 - Jun. 3) (BR. 36) S-3 AGERE SYSTEMS INC, 555 UNION BLVD, ALLENTOWN, PA, 18109, 6107124323 - 18,750,000 ($46,312,500.00) Equity, (File 333-105789 - Jun. 3) (BR. 36) S-8 HIBERNIA CORP, 313 CARONDELET ST, NEW ORLEANS, LA, 70130, 5045335333 - 9,785,206 ($165,949,500.00) Equity, (File 333-105790 - Jun. 3) (BR. 07) F-6 BANK OF NEW YORK / ADR DIVISION, AMERICAN DEPOSITARY RECEIPTS DIVISION, 101 BARCLAY STREET - 22WEST, NYC, NY, 10286, 212-815-2206 - 50,000,000 ($2,500,000.00) ADRs/ADSs, (File 333-105791 - Jun. 3) (BR. ) SB-2 MEDIANET GROUP TECHNOLOGIES INC, 1515 NORTH FEDERAL HIGHWAY, STE 300, BOCA RATON, FL, 33432, 5613924550 - 1,075,000 ($1,543,750.00) Equity, (File 333-105792 - Jun. 3) (BR. 09) SB-2 MEDALLION CREST MANAGEMENT INC, 3675 N COUNTRY CLUB DRIVE, SUITE 1907, AVENTURA, FL, 33180, 3059336737 - 9,165,500 ($2,291,375.00) Equity, (File 333-105793 - Jun. 3) (BR. ) S-8 STERLING CHEMICALS INC, 1200 SMITH STREET, SUITE 1900, HOUSTON, TX, 77002-4312, 7136503700 - 1 ($1.00) Equity, (File 333-105794 - Jun. 3) (BR. 02) S-3 ON2 TECHNOLOGIES INC, 145 HUDSON STREET, NEW YORK, NY, 10013, 9172370500 - 0 ($1,235,910.00) Equity, (File 333-105795 - Jun. 3) (BR. 07) S-8 LIFELINE SYSTEMS INC, 111 LAWRENCE ST, FRAMINGHAM, MA, 02139, 6176791000 - 1,865,000 ($46,438,500.00) Equity, (File 333-105796 - Jun. 3) (BR. 37) S-8 PAXSON COMMUNICATIONS CORP, 601 CLEARWATER PK RD, WEST PALM BEACH, FL, 33401, 5616594122 - 0 ($18,228,000.00) Equity, (File 333-105797 - Jun. 3) (BR. 37) S-8 WATTS INDUSTRIES INC, 815 CHESTNUT ST, NORTH ANDOVER, MA, 01845, 9786881811 - 85,000 ($1,459,450.00) Equity, (File 333-105798 - Jun. 3) (BR. 06) S-8 INFOCUS CORP, 27700B SW PARKWAY AVE, WILSONVILLE, OR, 97070, 5036858888 - 0 ($10,764,000.00) Equity, (File 333-105800 - Jun. 3) (BR. 03) S-8 ICONET INC, 8 GAUCHO DRIVE, ROLLING HILLS ESTATE, CA, 90274, 4166829255 - 200,000 ($1,000.00) Equity, (File 333-105801 - Jun. 3) (BR. 02) S-8 ADVANCED PLANT PHARMACEUTICALS INC, 2124027878 - 21,901,380 ($678,943.00) Equity, (File 333-105802 - Jun. 3) (BR. 04) S-8 CHARLES RIVER LABORATORIES INTERNATIONAL INC, 261 BALLARDVALE STREET, WILMINGTON, MA, 01867, 9786586000 - 0 ($73,525,000.00) Equity, (File 333-105803 - Jun. 3) (BR. 01) S-8 PRUDENTIAL FINANCIAL INC, 751 BROAD ST, NEWARK, NJ, 07102, 9738026000 - 25,000,000 ($826,500,000.00) Equity, (File 333-105804 - Jun. 3) (BR. 01) S-3 NATIONWIDE HEALTH PROPERTIES INC, 610 NEWPORT CENTER DR, STE 1150, NEWPORT BEACH, CA, 92660-6429, 9497184400 - 0 ($500,000,000.00) Unallocated (Universal) Shelf, (File 333-105806 - Jun. 3) (BR. 08) S-3 MEADE INSTRUMENTS CORP, 6001 OAK CANYON, IRVINE, CA, 92618, 9494511450 - 0 ($6,532,000.00) Equity, (File 333-105807 - Jun. 3) (BR. 36) N-2 CALAMOS CONVERTIBLE & HIGH INCOME FUND, 1111 E. VARRENVILLE RD, C/O CALAMOS INVESTSMENTS, NAPERVILLE, IL, 60563, 8003239943 - 0 ($1,000,000.00) Other, (File 333-105808 - Jun. 3) (BR. 16) 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 ---------------------------------------------------------------------------------- ACTUATE CORP DE X 06/03/03 ADVANCED PLANT PHARMACEUTICALS INC DE X 03/11/03 AMEND ADVOCAT INC DE X 06/01/03 AFC ENTERPRISES INC MN X X 06/02/03 AGE RESEARCH INC UT X X 05/22/03 ALLIN CORP DE X 05/29/03 AMANASU ENVIRONMENT CORP NV X X 05/30/03 AMANASU ENVIRONMENT CORP NV X X 05/14/03 AMEND AMERIQUEST MORT SEC INC ASSET BACK PA DE X 05/27/03 AMERIQUEST MORTGAGE SEC INC ASSET BAC DE X 05/27/03 AMERIQUEST MORTGAGE SEC INC ASSET BCK DE X 05/27/03 AMERIQUEST MORTGAGE SEC INC ASST BACK DE X 05/27/03 AMERIQUEST MORTGAGE SEC INC AST BACK DE X 05/27/03 ANR PIPELINE CO DE X X 06/02/03 ANTS SOFTWARE INC DE X 06/03/03 APARTMENT INVESTMENT & MANAGEMENT CO MD X X 06/03/03 APOGENT TECHNOLOGIES INC WI X X 06/02/03 APPLETON PAPERS INC/WI X X 06/02/03 ARCH COAL INC DE X 06/02/03 ASA INTERNATIONAL LTD DE X 05/23/03 ASSET BACKED PASS THROUGH CERTIFICATE DE X 05/27/03 AUTHENTIDATE HOLDING CORP DE X X 05/30/03 BANC OF AMERICA FUNDING CORP MORT PAS DE X X 05/29/03 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 04/25/03 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 04/25/03 BERKSHIRE HILLS BANCORP INC X X 06/03/03 BIOSOURCE INTERNATIONAL INC DE X 05/30/03 BLUE RHINO CORP DE X X 05/27/03 BOSTON PACIFIC MEDICAL INC MA X X 05/30/03 BSRT LIQUIDATING TRUST MA X X 06/03/03 BUTLER NATIONAL CORP DE X 06/03/03 CABOT CORP DE X X 06/02/03 CALPINE CORP DE X 06/02/03 CANADIAN DERIVATIVES CLEARING CORP A6 X 05/31/03 CAPITAL ONE AUTO RECEIVABLES LLC DE X X 06/03/03 CARMIKE CINEMAS INC DE X X 06/03/03 CDMC MORTGAGE PASS-THROUGH CERTIFICAT DE X 05/27/03 CENTERPOINT ENERGY INC X X 05/19/03 CHARTER COMMUNICATIONS INC /MO/ DE X 05/30/03 CHINA WIRELESS COMMUNICATIONS INC NV X X 05/14/03 COASTAL CARIBBEAN OILS & MINERALS LTD D0 X X 05/28/03 COLONIAL PROPERTIES TRUST AL X 06/03/03 COMMERCIAL NATIONAL FINANCIAL CORP /M MI X X 05/30/03 COMVERSE TECHNOLOGY INC/NY/ NY X X 06/03/03 CONTINENTAL AIRLINES INC /DE/ DE X X 06/02/03 CONVERGYS CORP OH X 06/03/03 CRDENTIA CORP DE X 06/03/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 06/03/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 06/03/03 CRIIMI MAE INC MD X 06/03/03 CSFB MORT SEC CORP MORT BACKED PASS T DE X X 05/27/03 CSFB MORTGAGE BACK PASS THR CER SER 2 DE X X 05/27/03 CSFB MORTGAGE BACKED PASS THROUGH CER DE X X 05/27/03 CSFB MORTGAGE BACKED PASS THROUGH CER DE X X 05/27/03 CSFB MORTGAGE BACKED PASS THROUGH CER DE X X 05/22/03 CSFB MORTGAGE SEC CORP HOME EQ MORT P DE X X 05/27/03 CURIS INC DE X X 05/16/03 CYBER DIGITAL INC NY X 05/28/03 CYSIVE INC DE X X 05/30/03 DENTAL RESOURCES INC MN X 03/20/03 AMEND DEX MEDIA EAST LLC DE X X 06/03/03 DIMON INC VA X 05/30/03 DNB FINANCIAL CORP /PA/ PA X X 06/03/03 DND TECHNOLOGIES INC NV X X 06/03/03 DOLLAR GENERAL CORP TN X X 06/02/03 DREW INDUSTRIES INCORPORATED DE X X 06/03/03 DUPONT E I DE NEMOURS & CO DE X 06/02/03 DYCOM INDUSTRIES INC FL X X 06/02/03 EDGE PETROLEUM CORP DE X X 05/28/03 EDWARDS J D & CO CO X X 06/01/03 ENCYSIVE PHARMACEUTICALS INC DE X 06/03/03 ENERGY WEST INC MT X X 06/02/03 EXPRESSJET HOLDINGS INC DE X X 06/02/03 FINANCIAL ASSET SECURITIES CORP ASSET DE X 05/27/03 FINANCIAL ASSET SECURITIES CORP FREMO DE X 05/27/03 FINISAR CORP DE X X 06/03/03 FIRETECTOR INC DE X 05/30/03 FIRST BELL BANCORP INC DE X X 06/03/03 FIRST CONSULTING GROUP INC DE X X 05/30/03 FIRST KEYSTONE CORP PA X 06/03/03 FISHER COMMUNICATIONS INC WA X X 05/29/03 FORD MOTOR CO DE X X 06/03/03 FORD MOTOR CREDIT CO DE X X 06/03/03 FUELCELL ENERGY INC DE X 06/03/03 GENAERA CORP DE X X 06/03/03 GENERAL MOTORS CORP DE X 06/03/03 GEORGIA PACIFIC CORP GA X X 06/03/03 GETTY IMAGES INC DE X X 06/03/03 GLYCOGENESYS INC NV X X 06/02/03 GOODRICH CORP NY X X 06/03/03 GREENPOINT MORTGAGE SECURITIES INC/ DE X X X 05/01/03 GROUP 1 AUTOMOTIVE INC DE X 06/03/03 GS AUTO LOAN TRUST 2003-1 X X 05/15/03 GS MORTGAGE SEC CORP MORT PASS THR CE DE X 05/27/03 GS MORTGAGE SECURITIES CORP MORT PASS 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