SEC NEWS DIGEST Issue 2003-161 August 21, 2003 COMMISSION ANNOUCEMENTS VISITING ACADEMIC SCHOLAR APPOINTED TO THE OFFICE OF ECONOMIC ANALYSIS The Commission's Office of Economic Analysis today announced the selection of Leslie Boni as a visiting academic scholar for a one-year term. Currently, Professor Boni is a faculty member at the University of New Mexico. Boni, 46, earned her B.S. in Chemical Engineering from Northwestern University in 1979 and worked for Chevron for 14 years as a research engineer, process planner, trading coordinator, and risk manager. She was a visiting lecturer at the University of Southern California in 1998- 1999 and earned her Ph.D. in Finance from the University of Colorado in August 2000. Her academic research examines the influence of trading rules on market liquidity. She also examines issues related to brokerage analyst research. She has presented her research at national conferences and published in the Journal of Money, Credit, and Banking, the Brookings-Wharton Papers, and the Financial Analysts Journal. Her paper on trading protocols in Treasury markets, "Expandable Limit Order Markets," has been accepted for publication in the Journal of Financial Markets. While at the Commission, Boni will provide analytical and technical support to help the Commission understand and evaluate the economic effects of its regulatory policy relating to market structure issues and short selling. As part of her duties, she will also conduct independent research and analysis in areas concerning equity market trading protocols and brokerage research. (Press Rel. 2003-102) ENFORCEMENT PROCEEDINGS SEC BARS IHOR "GARY" HUMESKY FROM ASSOCIATING WITH A BROKER OR DEALER On August 20, the Commission barred Ihor A. "Gary" Humesky, a Florida salesman, from associating with a broker a dealer. The sanctions, which were imposed in accord with Humesky's Offer of Settlement in this matter, are based on the entry, on Jan. 28, 2003, of an injunction by the U.S. District Court for the Northern District of Georgia. The Final Order in that civil action, entitled SEC v. Leonard L. Zanello, Sr., Ihor A. "Gary" Humesky, Steven B. Rodd and Robert F. Broege, Jr., Civil Action File Number 1:02-CV-3308 (N.D. Ga.), enjoined Humesky from future violations of 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 promulgated thereunder, and left the issue of disgorgement and civil penalties to be resolved upon subsequent motion by the Commission. See Litigation Release No. 17886 (Feb. 3, 2003). The Commission's complaint in the civil action alleged that during 1999, Humesky made material misrepresentations and omissions in connection with selling investments on behalf of LinkTel Communications, Inc., an Atlanta, Georgia company that sold and operated pay telephones. In a prior proceeding, the Commission sued LinkTel and its owner (SEC v. LinkTel Communications, Inc., Case No. 1:00-CV-3169, N.D. Ga.). The complaint alleged that Humesky represented to potential investors that he had investigated LinkTel and that it was a profitable company. The complaint alleges that LinkTel was, in fact, an insolvent Ponzi scheme and that Humesky did not reasonably investigate LinkTel's financial status. The complaint further alleged that Humesky distributed sales materials that misrepresented that his commissions would be 15%. In fact, Humesky received commissions ranging between 20% and 22%. The complaint also alleged that Humesky represented that LinkTel was a safe investment because the investment was fully insured. To the contrary, investors' money was not fully insured because investors stood to receive no more than 15% of their investments if LinkTel collapsed. (Rel. 34-48375; File No. 3-11231) SEC BARS STEPHEN RODD FROM ASSOCIATING WITH A BROKER OR DEALER On August 20, the Commission barred Steven B. Rodd, a Florida salesman, from associating with a broker a dealer. The sanctions, which were imposed in accord with Rodd's Offer of Settlement in this matter, are based on the entry, on Jan. 28, 2003, of an injunction by the U.S. District Court for the Northern District of Georgia. The Final Order in that civil action, entitled SEC v. Leonard L. Zanello, Sr., Ihor A. "Gary" Humesky, Steven B. Rodd and Robert F. Broege, Jr., Civil Action File Number 1:02-CV-3308 (N.D. Ga.), enjoined Rodd from future violations of 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 promulgated thereunder, and left the issue of disgorgement and civil penalties to be resolved upon subsequent motion by the Commission. See Litigation Release No. 17886 (Feb. 3, 2003). The Commission's complaint in the civil action alleged that during 1999, Rodd made material misrepresentations and omissions in connection with selling investments on behalf of LinkTel Communications, Inc., an Atlanta, Georgia company that sold and operated pay telephones. In a prior proceeding, the Commission sued LinkTel and its owner (SEC v. LinkTel Communications, Inc., Case No. 1:00-CV-3169, N.D. Ga.). The complaint alleged that Rodd represented to potential investors that he had investigated LinkTel and that it was a profitable company. The complaint alleges that LinkTel was, in fact, an insolvent Ponzi scheme and that Rodd did not reasonably investigate LinkTel's financial status. The complaint further alleged that Rodd distributed sales materials that misrepresented that his commissions would be 15%. In fact, Rodd received commissions ranging between 20% and 22%. The complaint also alleged that Rodd represented that LinkTel was a safe investment because the investment was fully insured. To the contrary, investors' money was not fully insured because investors stood to receive no more than 15% of their investments if LinkTel collapsed. (Rel. 34-48376; File No. 3- 11232) SEC BARS ROBERT BROEGE FROM ASSOCIATING WITH A BROKER OR DEALER On August 20, the Commission barred Robert F. Broege, a Florida salesman, from associating with a broker a dealer. The sanctions, which were imposed in accord with Broege's Offer of Settlement in this matter, are based on the entry, on Jan. 28, 2003, of an injunction by the U.S. District Court for the Northern District of Georgia. The Final Order in that civil action, entitled SEC v. Leonard L. Zanello, Sr., Ihor A. "Gary" Humesky, Steven B. Rodd and Robert F. Broege, Jr., Civil Action File Number 1:02-CV-3308 (N.D. Ga.), enjoined Broege from future violations of 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 promulgated thereunder, and left the issue of disgorgement and civil penalties to be resolved upon subsequent motion by the Commission. See Litigation Release No. 17886 (Feb. 3, 2003). The Commission's complaint in the civil action alleged that during 1999, Broege made material misrepresentations and omissions in connection with selling investments on behalf of LinkTel Communications, Inc., an Atlanta, Georgia company that sold and operated pay telephones. In a prior proceeding, the Commission sued LinkTel and its owner (SEC v. LinkTel Communications, Inc., Case No. 1:00-CV-3169, N.D. Ga.). The complaint alleged that Broege represented to potential investors that he had investigated LinkTel and that it was a profitable company. The complaint alleges that LinkTel was, in fact, an insolvent Ponzi scheme and that Broege did not reasonably investigate LinkTel's financial status. The complaint further alleged that Broege distributed sales materials that misrepresented that his commissions would be 15%. In fact, Broege received commissions ranging between 20% and 22%. The complaint also alleged that Broege represented that LinkTel was a safe investment because the investment was fully insured. To the contrary, investors' money was not fully insured because investors stood to receive no more than 15% of their investments if LinkTel collapsed. (Rel. 34-48377; File No. 3-11233) COMMISSION SANCTIONS WHEAT FIRST SECURITIES, INC., f/k/a FIRST UNION CAPITAL MARKETS CORPORATION, AND TERESSA CAWLEY On August 20, the Commission found that Wheat First Securities, Inc., f/k/a First Union Capital Markets Corporation, acting as a municipal securities dealer, and its former assistant vice-president, Teressa L. Cawley, a registered municipal securities principal, engaged in deceptive, dishonest, and unfair practices while serving as financial advisors to Broward County, Florida, on certain municipal bond refundings, in violation of Rule G-17 of the Municipal Securities Rulemaking Board and Section 15B(c)(1) of the Securities Exchange Act of 1934. The Commission found that Wheat First, through Cawley, breached its federal disclosure obligations by failing to disclose to the County fees paid to South Florida lobbyist and lawyer Ronald L. Book in connection with the refundings. The Commission further found that the non- disclosures of Book's fees were particularly egregious in light of the fact that Wheat First and Cawley had misled the County as to Book's involvement in assisting them in securing the financial advisor position. The Commission suspended Cawley for three months from association with any broker, dealer, or municipal securities dealer; ordered Cawley and Wheat First to cease-and-desist from committing or causing any violations or future violations of Exchange Act 15B(c)(1); imposed civil money penalties of $15,000 on Cawley and $20,000 on Wheat First; and required Wheat First to disgorge $114, 493.31 in revenues from two of three bond refundings. (Rel. 34-48378; File Nos. 3-9688 and 3-9794) ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST MICHAEL RAWDIN, HARD ASSET MANAGEMENT, INC. AND DAVID COHEN On August 20, the Commission instituted public administrative and cease- and-desist proceedings against Michael B. Rawdin (Rawdin), Hard Asset Management, Inc. (Hard Asset) and David Cohen (Cohen) of Dix Hills, New York and Coconut Creek, Florida, respectively, pursuant to Section 8A of the Securities Act of 1933 (Securities Act) and Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Exchange Act). The proceedings have been instituted to determine whether remedial sanctions and a cease- and-desist order should be imposed against them. The Order Instituting Public Administrative and Cease-and-Desist Proceedings pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Order) alleges that Hard Asset and its president and sole principal, Rawdin, were unregistered broker- dealers. The Order also alleges that Cohen was an unregistered broker- dealer. The Order further alleges that from October 2001 through May 2002, Rawdin, Hard Asset, and Cohen willfully violated, and committed or caused violations of, Sections 5(a), 5(c), 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act and Sections 10(b) and 15(a)(1) of the Exchange Act and Rule 10b-5 thereunder in connection with their participation in the unregistered offer and sale to the public of securities in the form of agreements issued by Starcash, Inc. A hearing will be scheduled to determine whether the allegations are true, to afford Respondents an opportunity to establish any defenses thereto, and to determine whether remedial sanctions and a cease-and-desist order should be imposed against them. (Rels. 33-8270; 34-48380; File No. 3- 11234) COMMISSION FINDS THAT TERENCE COXON AND WORLD MONEY MANAGERS VIOLATED ANTIFRAUD AND SELF-DEALING PROVISIONS The Commission held that World Money Managers (WMM) and Terence Michael Coxon violated the antifraud and disclosure provisions of the Securities Act, Exchange Act, and the Investment Company Act. The Commission also found that Coxon aided and abetted WMM's violations of Section 206(2) of the Advisers Act. The Commission further found that WMM and Coxon aided and abetted and were causes of an investment company's violations of the investment policy, self-dealing, and fund governance provisions of the Investment Company Act. WMM was the investment adviser to the Permanent Portfolio, an investment company. Coxon is one of WMM's general partners. The Commission found that Coxon and Alan Michael Sergy, who was a consultant to WMM, caused the Permanent Portfolio to invest in a broker- dealer. WMM, Coxon, and Sergy then used the funds from the broker- dealer to pay salaries, rent, and to fund various unrelated business ventures. In addition, although the fund's prospectus represented that WMM would pay certain of the fund's ordinary operating expenses, respondents arranged for the fund to pay those expenses. The Commission ordered Coxon and WMM to cease and desist and to pay disgorgement. The Commission dismissed the proceeding as to Sergy because he is suffering from a serious illness. (Rels. 33-8271; 34-48385; IA-2161; IC-26165; File No. 3-9218) MICHAEL BATTERMAN AND RANDALL BATTERMAN III ENJOINED FROM FRAUDULENT CONDUCT AND ORDERED TO DISGORGE OVER $800,000 IN ILL-GOTTEN GAINS AND PAY $500,000 IN CIVIL PENALTIES The Commission announced today that the U.S. District Court for the Southern District of New York has granted it summary judgment and entered a final judgment against Michael Batterman (M. Batterman) and his son Randall B. Batterman III (R. Batterman) for perpetrating a fraudulent scheme to sell at least $925,000 of securities of Dynasty Fund Ltd. (Dynasty) a British Virgin Islands corporation that claimed to be an open-end investment management company. The Final Judgment permanently enjoins M. Batterman, 71 years old, and R. Batterman, 41 years old, both of Hackensack, New Jersey, from future violations of the anti-fraud provisions of the federal securities laws, orders both to disgorge a total of $837,182, consisting of $475,000 in funds misappropriated from investors plus prejudgment interest of $32,182, and imposes on each a penalty of $250,000. The Commission's complaint alleged that between at least November 1993 through at least August of 1995, M. Batterman, R. Batterman and Dynasty fraudulently sold at least $925,000 of Dynasty's securities by promoting M. Batterman as a successful investment adviser with an unblemished record who would manage Dynasty's funds. In fact, M. Batterman previously had pled guilty to two felony counts of federal income tax evasion in 1993, was found by the court in those proceedings to have converted unlawfully $1.5 million in investors' funds for personal use, and was sanctioned in 1976 by the Commission for securities law violations and the New York Stock Exchange (NYSE) for violation of NYSE rules. To conceal their fraud and solicit additional investments in Dynasty, M. Batterman and R. Batterman misrepresented Dynasty's performance. Thereafter, together they misappropriated a substantial portion of the funds they received from Dynasty's investors. The Final Judgment entered by the Court on July 23, in addition to requiring the payment of disgorgement and penalties described above, permanently enjoins M. Batterman and R. Batterman from future violations of Section 17(a) of the Securities Act of 1933 (Securities Act), Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), and Rule 10b-5 promulgated thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act. Following entry of the Final Judgment, on Aug. 6, the Court denied a motion by M. Batterman and R. Batterman for relief from the judgment pursuant to Federal Rule of Civil Procedure 60. On Dec. 19, 2000, a Partial Final Judgment by Default was entered against Dynasty enjoining Dynasty from further violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 promulgated thereunder. Thereafter, on Nov. 29, 2001, a Final Judgment was entered against Dynasty requiring Dynasty to disgorge $730,000 plus prejudgment interest of $485,238 and imposes on Dynasty a $500,000 civil penalty. [SEC v. Michael Batterman, Randall B. Batterman III, and Dynasty Fund, Ltd., et al., Civil Action No. 00 Civ. 2835, SDNY, (LAP)] (LR-18299) SEC CHARGES IRVING DAVID WITH EMBEZZLEMENT AND FILING A FALSE SARBANES-OXLEY CERTIFICATION The Commission announced today that it filed an enforcement action charging Irving Paul David, formerly an officer of two investment companies, with embezzlement, breach of fiduciary duty, and filing a false certification required by the Sarbanes-Oxley Act of 2002. This action is the first Commission enforcement proceeding commenced under the Investment Company Act involving the certification requirements under the Sarbanes-Oxley Act. The Commission's complaint, filed in the U.S. District Court for the Southern District of New York, alleges that Irving Paul David, an employee of Citigroup Global Markets, Inc., formerly known as Salomon Smith Barney, Inc., (Citigroup Global Markets), stole funds from two affiliated registered investment companies: Consulting Group Capital Markets Funds (Consulting Group Fund), and Smith Barney World Funds Inc. (Smith Barney World Fund) (collectively, Funds). In addition, at the very time that he was embezzling from the Funds, David signed a certification pursuant to the Sarbanes-Oxley Act in which he falsely stated that he had disclosed to the Consulting Group Fund's auditors and audit committee any fraud, whether material or not, involving management, when in fact he had made no such disclosure. The complaint alleges as follows: At the time of the misconduct, David was the treasurer and chief financial officer of the Consulting Group Fund and controller of the Smith Barney World Fund, two investment companies that were registered with the Commission. From January 2001 through January 2003, David engaged in two schemes to embezzle money from the Funds. In one scheme, David embezzled funds paid to the Consulting Group Fund in connection with the settlement of class action lawsuits or other corporate actions in which the Consulting Group Fund was a participant and was entitled to receive a payment. In the second scheme, David redeemed shares out of an "error account" that had been established for the Smith Barney World Fund at its transfer agent and embezzled the proceeds. As a result of these two schemes, David embezzled a total of approximately $47,529 from the Funds, of which $14,529 has not been repaid. Pursuant to Rule 30a-2 promulgated under the Investment Company Act pursuant to the Sarbanes-Oxley Act, David, as treasurer and chief financial officer of the Consulting Group Fund, was required to certify that he had disclosed to the investment company's auditors and audit committee "any fraud, whether or not material, that involves management or other employees who have a significant role in the investment company's internal controls[.]" On Oct. 28, 2002, David signed the Rule 30a-2 certification of Consulting Group Fund's Form N-SAR for the six months ended Aug. 31, 2002, certifying that he had made the required disclosure of any fraud involving management, when in fact he had embezzled approximately $10,703 from the Consulting Group Fund during the reporting period and had not disclosed his embezzlement to the Consulting Group Fund's auditors or audit committee. This false certification was filed with the Commission along with the Consulting Group Fund's Form N-SAR. Form N-SAR is a filing that is required under both the Investment Company Act and Section 15(d) of the Securities Exchange Act of 1934. David, age 42, is a resident of Staten Island, New York. David was fired by Citigroup Global Markets in January 2003, shortly after his embezzlement was discovered. The complaint charges David with violating Section 15(d) of the Exchange Act, Sections 34(b) and 37 of the Investment Company Act and breach of fiduciary duty within the meaning of Section 36(a) the Investment Company Act. The Complaint seeks permanent injunctive relief, disgorgement of ill-gotten gains with prejudgment interest, and civil penalties. The litigation is pending. [SEC v. Irving Paul David, 03 Civ. 6305 SDNY (KMW)] (LR-18300) INVESTMENT COMPANY ACT RELEASES NUVEEN REAL ESTATE INCOME FUND, ET AL. A notice has been issued giving interested persons until Sept. 10, 2003, to request a hearing on an application filed by Nuveen Real Estate Fund, et al. for an order under Section 6(c) of the Investment Company Act granting an exemption from Section 19(b) of the Act and Rule 19b-1 under the Act. The order would permit applicants to make periodic distributions of long-term capital gains, as often as monthly, on their outstanding common stock and as often as distributions are specified in the terms of any series of preferred stock. (Rel. IC-26154 - August 20) ORDERS OF DEREGISTRATION UNDER THE INVESTMENT COMPANY ACT Orders have been issued under Section 8(f) of the Investment Company Act declaring that each of the following has ceased to be an investment company: Nuveen Municipal Money Market Fund, Inc. [File No. 811-3531] (Rel. IC-26155- August 20) Nuveen Taxable Funds, Inc. [File No. 811-3770] (Rel. IC-26156- August 20) Nuveen Money Market Trust [File No. 811-9267] (Rel. IC-26157- August 20) The Wachovia Funds [File No. 811-6504] (Rel. IC-26158- August 20) The Wachovia Municipal Funds [File No. 811-6201] (Rel. IC-26159- August 20) Seligman Tax-Aware Fund, Inc. [File No. 811-10297] (Rel. IC-26160- August 20) The Simms Funds [File No. 811-8871] (Rel. IC-26161- August 20) Integrity Small-Cap Fund of Funds, Inc. [File No. 811-9023] (Rel. IC-26162- August 20) MARKET STREET FUND An order has been issued pursuant to Section 8(f) of the Investment Company Act declaring that Market Street Fund has ceased to be an investment company. (Rel. IC-26163 - August 20) SELF-REGULATORY ORGANIZATIONS APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-NYSE-98-14) and Amendment Nos. 1, 2, and 3 thereto submitted by the New York Stock Exchange that revises the customer margin requirement for non-equity securities and permits good faith margin treatment for certain non- equity securities held in exempt accounts. Publication of the order is expected in the Federal Register during the week of August 25. (Rel. 34- 48365) The Commission approved a proposed rule change (SR-EMCC-2003-02) filed by Emerging Markets Clearing Corporation. The proposed rule change modifies the way in which EMCC calculates and collects clearing fund deposits. Publication of the proposal is expected in the Federal Register during the week of August 25. (Rel. 34-48366) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES Emerging Market Clearing Corporation filed a proposed rule change, which became effective on filing, establishing a temporary reimbursement for Inter-Dealer Broker (IDB) members or members whose only use of EMCC is to clear for IDBs. Publication of the proposal is expected in the Federal Register during the week of August 25. (Rel. 34-48367) A proposed rule change filed by the National Association of Securities Dealers to modify the fees for trading and compliance data available to NASD member firms via NasdaqTrader.com (SR-NASD-2003-129) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the order is expected in the Federal Register during the week of August 25. (Rel. 34-48374) WITHDRAWALS GRANTED An order has been issued granting the application Dot Hill Systems Corp. to withdraw its common stock, $.001 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on August 21. (Rel. 34-48383) An order has been issued granting the application of Detwiler, Mitchell & Co. to withdraw its common stock, $.01 par value, from listing and registration on the Pacific Exchange, effective at the opening of business on August 21. (Rel. 34-48384) 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 AVERY SPORTS TURF INC, 377 ROUTE 17 SOUTH, SOUTH HASBROUCK HGTS, NJ, 07604, 2014620031 - 0 ($330,000.00) Equity, (File 333-108090 - Aug. 20) (BR. 06) S-11 CEDAR SHOPPING CENTERS INC, 44 SOUTH BAYLES AVENUE, PORT WASHINGTON, NY, 11050, 5167676492 - 0 ($187,450,000.00) Equity, (File 333-108091 - Aug. 20) (BR. 08) S-8 REGAL BELOIT CORP, 200 STATE ST, BELOIT, WI, 53511, 6083648800 - 50,000 ($1,041,500.00) Equity, (File 333-108092 - Aug. 20) (BR. 36) F-10 NEUROCHEM INC, 7220 FREDERICK BUNTING ST, STE 100, MONTREAL, E6, H4S 2A1, 5143374646 - 5,100,000 ($51,765,000.00) Equity, (File 333-108094 - Aug. 20) (BR. ) S-8 AMERICAN STATES WATER CO, 630 E FOOTHILL BLVD, SAN DIMAS, CA, 91773-9016, 9093943600 - 625,000 ($15,925,000.00) Equity, (File 333-108095 - Aug. 20) (BR. 02) S-8 INTRABIOTICS PHARMACEUTICALS INC /DE, 6505266800 - 0 ($699,932.53) Equity, (File 333-108096 - Aug. 20) (BR. 01) S-B POLAND REPUBLIC OF, 1,000,000,000 ($1,000,000,000.00) Non-Convertible Debt, (File 333-108097 - Aug. 20) (BR. 03) S-8 JURE HOLDINGS INC, SUITE 1818 1177 WEST HASTING STREET, VANCOUVER BC CANADA, 6046021717 - 5,000,000 ($4,250,000.00) Equity, (File 333-108098 - Aug. 20) (BR. 09) S-4 WINTRUST FINANCIAL CORP, 727 N BANK LANE, LAKE FOREST, IL, 60045, 8476154096 - 989,909 ($16,927,443.90) Equity, (File 333-108099 - Aug. 20) (BR. 07) S-8 MICRON ENVIRO SYSTEMS INC, 789 WEST PENDER ST, SUITE 460, VANCOUVER BC, A1, V6C 1H2, 6046466903 - 3,000,000 ($60,000.00) Equity, (File 333-108100 - Aug. 20) (BR. 06) S-8 ADVANCED PLANT PHARMACEUTICALS INC, 2124027878 - 10,000,000 ($240,000.00) Equity, (File 333-108101 - Aug. 20) (BR. 04) N-2 JOHN HANCOCK PREFERRED & EQUITY INCOME FUND, 40,000 ($1,000,000.00) Equity, (File 333-108102 - Aug. 20) (BR. 17) SB-2 CONSUMER DIRECT OF AMERICA, 20 CORPORATE PARK, SUITE 285, IRVINE, CA, 92606, 949-260-1801 - 0 ($4,643,524.00) Equity, (File 333-108103 - Aug. 20) (BR. 04) S-1 NITROMED INC, 12 OAK PARK DR, BEDFORD, MA, 01730, 7816859700 - 0 ($100,000,000.00) Equity, (File 333-108104 - Aug. 20) (BR. 01) S-8 VIACOM INC, 1515 BROADWAY, 51ST FL, NEW YORK, NY, 10036, 2122586000 - 7,060,896 ($246,830,160.24) Equity, (File 333-108105 - Aug. 20) (BR. 37) S-3 AUGUST TECHNOLOGY CORP, 4900 W 78TH ST, BLOOMINGTON, MN, 55435, 9528200080 - 0 ($38,577,931.00) Equity, (File 333-108106 - Aug. 20) (BR. 36) S-3 ENCYSIVE PHARMACEUTICALS INC, 6700 WEST LOOP SOUTH, 4TH FLOOR, BELLAIRE, TX, 77401, 7137968822 - 0 ($50,000,000.00) Equity, (File 333-108107 - Aug. 20) (BR. 01) S-8 PALMETTO BANCSHARES INC, 301 HILLCREST DR, P O BOX 49, LAURENS, SC, 29360, 8649844551 - 100,000 ($1,199,416.00) Equity, (File 333-108108 - Aug. 20) (BR. 07) S-3 GTC BIOTHERAPEUTICS INC, 175 CROSSING BLVD, FRAMINGHAM, MA, 01701, 508620-970 - 0 ($10,688,814.00) Equity, (File 333-108109 - Aug. 20) (BR. 01) S-3 HAWAIIAN ELECTRIC INDUSTRIES INC, 900 RICHARDS ST, HONOLULU, HI, 96813, 8085435662 - 2,500,000 ($105,100,000.00) Equity, (File 333-108110 - Aug. 20) (BR. 02) SB-2 G G S PLASTIC ENGINEERING INC, 40 SIMPSON ROAD, BOLTON, ONTARIO, A6, L7E 1Y4, 9059511551 - 2,400,000 ($2,000,000.00) Equity, (File 333-108111 - Aug. 20) (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 ---------------------------------------------------------------------------------- ACE SECURITIES CORP DE X X 08/18/03 ADC TELECOMMUNICATIONS INC MN X X 08/20/03 ADOLOR CORP X X 04/14/02 AMEND ADVANTA BUSINESS RECEIVABLES CORP X 08/20/03 AFC ENTERPRISES INC MN X X 08/14/03 AIR T INC DE X 08/19/03 ALLETE INC MN X 08/18/03 ALLMERICA FINANCIAL CORP DE X X 08/19/03 ALPENA BANCSHARES INC X 08/19/03 AM COMMUNICATIONS INC DE X X 03/25/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X X 08/20/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X X 08/20/03 AMERICAN INSURED MORTGAGE INVESTORS S CA X X 08/20/03 AMERICAN NATIONAL BANKSHARES INC VA X 08/20/03 AMERICAN SOFTWARE INC GA X X 08/18/03 AMERIQUEST MORTGAGE SEC AS-BCKD PASS- DE X X 07/03/03 AMETEK INC/ DE X 08/20/03 ANSOFT CORP PA X X 08/20/03 APARTMENT INVESTMENT & MANAGEMENT CO MD X X 08/20/03 APPLIED GRAPHICS TECHNOLOGIES INC DE X 08/20/03 ASSET BACKED FUNDING CORP DE X X 08/19/03 ASSET BACKED FUNDING CORP DE X X 08/20/03 ASTRO MED INC /NEW/ RI X 08/20/03 AT ROAD INC CA X X 08/20/03 AURORA FOODS INC /DE/ DE X X 08/19/03 BAM ENTERTAINMENT INC X 08/14/03 BANC ONE HELOC 1999-1 OH X X 08/20/03 BANC ONE HELOC TRUST 1998-1 OH X X 08/20/03 BETA OIL & GAS INC NV X X 08/19/03 BETHLEHEM STEEL CORP /DE/ DE X 08/20/03 BHA GROUP INC DE X 08/20/03 BLAIR CORP DE X X 08/20/03 BOMBAY COMPANY INC DE X 08/20/03 BOSTON BEER CO INC MA X X 08/19/03 BUCKEYE PARTNERS L P DE X 08/19/03 CANDELA CORP /DE/ DE 08/19/03 CASH SYSTEMS INC DE X 08/19/03 CATO CORP DE X X 08/19/03 CCFNB BANCORP INC PA X X 08/14/03 CD&L INC DE X X 08/19/03 CERES GROUP INC DE X X 08/14/03 AMEND CERES GROUP INC DE X X 08/14/03 AMEND CHASE CREDIT CARD OWNER TRUST 2003-1 NY X X 08/15/03 CHASE MORTGAGE FINANCE CORP DE X X 08/19/03 CHEESECAKE FACTORY INCORPORATED DE X 08/20/03 CHROMAVISION MEDICAL SYSTEMS INC DE 08/20/03 CIBER INC DE X 08/15/03 CIT EQUIPMENT COLLATERAL 2003-VT1 DE X 08/18/03 CIT HOME EQUITY LOAN TRUST 2003-1 DE X X 07/31/03 CITIBANK SOUTH DAKOTA N A DE X 07/31/03 CITICORP MORTGAGE SECURITIES INC DE X X 08/20/03 CITIZENS FINANCIAL SERVICES INC PA X 08/20/03 CLAIMSNET COM INC DE X 08/20/03 CLARUS CORP DE X X 08/19/03 COMPASS BANCSHARES INC DE X X 08/20/03 COMTEX NEWS NETWORK INC DE X X 08/18/03 CORRPRO COMPANIES INC /OH/ OH 08/15/03 CRAFTMADE INTERNATIONAL INC DE X 08/19/03 CTI INDUSTRIES CORP DE X 08/19/03 CURAGEN CORP DE X 08/19/03 DAKTRONICS INC /SD/ SD X 08/02/03 DATA SYSTEMS & SOFTWARE INC DE X 08/18/03 DELTA MILLS INC DE X X 08/19/03 DELTA WOODSIDE INDUSTRIES INC /SC/ SC X X 08/19/03 DIVERSIFIED SECURITY SOLUTIONS INC DE X 08/20/03 DMI FURNITURE INC DE X 08/20/03 DOMINION RESOURCES INC /VA/ VA X X 08/20/03 DONLAR CORP IL X 08/19/03 DREYERS GRAND ICE CREAM HOLDINGS INC DE 08/18/03 DTOMI INC NV X X 08/19/03 AMEND EASTMAN CHEMICAL CO DE X X 08/20/03 EATON VANCE CORP MD X X 08/20/03 ENCYSIVE PHARMACEUTICALS INC DE X 08/20/03 EUROTECH LTD DC X 08/18/03 EVANS BANCORP INC NY X X 08/20/03 EVERLAST WORLDWIDE INC DE X X 08/14/03 EXTENDED SYSTEMS INC DE X X 08/19/03 FIRST MARINER BANCORP MD X X 08/19/03 FIRST NATIONAL FUNDING LLC NE X 08/15/03 FISHER SCIENTIFIC INTERNATIONAL INC DE X 08/20/03 FLEET HOME EQUITY LOAN LLC DE X 08/20/02 FLUSHING FINANCIAL CORP DE X 08/20/03 FRONTIER OIL CORP /NEW/ WY X X 08/20/03 GADZOOKS INC TX 08/19/03 GINSENG FOREST INC X X 08/15/03 GLATFELTER P H CO PA X X 08/15/03 GMAC COMMERCIAL MORTGAGE SECURITIES I DE X X 08/19/03 GOLDEN TELECOM INC DE X X 08/19/03 GRADCO SYSTEMS INC NV X X 08/19/03 GRAPHON CORP/DE DE 06/30/03 GREAT PLAINS ENERGY INC MO X X 08/14/03 AMEND GSI LUMONICS INC A3 X X 08/20/03 HAEMONETICS CORP MA X X 08/20/03 HANCOCK FABRICS INC DE X 08/20/03 HANDLEMAN CO /MI/ MI 08/18/03 HANOVER CAPITAL MORTGAGE HOLDINGS INC MD X X 08/20/03 HAUPPAUGE DIGITAL INC DE X 08/18/03 HAWAIIAN HOLDINGS INC DE X X 08/19/03 HEALTH & LEISURE INC /DE/ DE X 08/11/03 HOT TOPIC INC /CA/ CA 08/20/03 HOUSEHOLD AFFINITY CREDIT CARD MASTER DE X 08/15/03 HUNNO TECHNOLOGIES INC DE X 08/20/03 AMEND HURCO COMPANIES INC IN 08/20/03 INFORM MEDIA GROUP INC NV X 08/05/03 INNOVATIVE MEDICAL SERVICES CA X 08/19/03 INTEGRATED ELECTRICAL SERVICES INC DE X X 08/20/03 INTELLIGROUP INC NJ X X 08/20/03 INTELLIGROUP INC NJ X X 08/20/03 INTERPUBLIC GROUP OF COMPANIES INC DE X X 08/15/03 INTERTAN INC DE X X 08/14/03 INVESTORS CAPITAL HOLDINGS LTD MA X X 08/20/03 ITEX CORPORATION NV X 08/20/03 JACKSONVILLE BANCORP INC TX X X 08/12/03 JP MORGAN CHASE COMMERCIAL MORTGAGE S DE X X 08/18/03 K TRON INTERNATIONAL INC NJ X X 08/13/03 KAANAPALI LAND LLC X X 08/05/03 KEY TRONIC CORP WA 08/20/03 KUPPER PARKER COMMUNICATIONS INC NY X 08/19/03 LIFEPOINT INC DE X 06/30/03 LIGHTSPAN INC DE X X 08/20/03 LOGILITY INC GA X X 08/20/03 LONGS DRUG STORES CORP MD 08/20/03 LUCILLE FARMS INC DE X 08/20/03 MAGELLAN HEALTH SERVICES INC DE X X 08/19/03 MARINER HEALTH CARE INC DE X X 08/19/03 MBNA CORP MD X 08/20/03 MENS WEARHOUSE INC TX X 08/20/03 MERCANTILE BANKSHARES CORP MD X X 08/19/03 MET PRO CORP DE X X 07/31/03 MICROFINANCIAL INC MA X 08/19/03 MICROMUSE INC DE X X 08/20/03 MICRON ENVIRO SYSTEMS INC NV X 08/20/03 MID STATE RACEWAY INC NY X 06/30/03 MORGAN STANLEY DEAN WITTER CAPITAL TR DE X 08/01/03 MS STRUCTURED ASSET CORP DE X 08/01/03 MS STRUCTURED ASSET CORP DE X 08/01/03 NCRIC GROUP INC DC X X 08/13/03 NESS ENERGY INTERNATIONAL INC /NV/ WA X 08/19/03 AMEND NEVADA GOLD & CASINOS INC NV X 08/14/03 NEW FOCUS INC CA X 08/19/03 NEW WORLD RESTAURANT GROUP INC DE X X 08/20/03 NOBLE CORP X X 08/20/03 NORTHWESTERN CORP DE X X 08/20/03 ODYSSEY MARINE EXPLORATION INC NV X 08/06/03 OGE ENERGY CORP OK X X 08/18/03 OKLAHOMA GAS & ELECTRIC CO OK X X 08/18/03 OLD FLORIDA BANKSHARES INC X X X 08/15/03 OMNIVISION TECHNOLOGIES INC DE X 08/20/03 ONEOK INC /NEW/ OK X X 08/19/03 ONYX ACCEPTANCE CORP DE X 08/20/03 ONYX ACCEPTANCE CORP DE X 08/20/03 OPTICAL CONCEPTS OF AMERICA INC X 08/20/03 AMEND PATTERSON DENTAL CO MN X 08/20/03 PEMSTAR INC MN X X 08/19/03 PENN TREATY AMERICAN CORP PA X 08/11/03 PHILLIPS VAN HEUSEN CORP /DE/ DE X 08/20/03 PHOENIX GOLD INTERNATIONAL INC OR X X 08/20/03 PHOTOGEN TECHNOLOGIES INC NV X X 08/18/03 PHOTRONICS INC CT X 08/19/03 POLARIS INDUSTRIES INC/MN MN X X 08/20/03 PPOL INC CA X 08/19/03 PRACTICEXPERT INC NV X 04/11/03 AMEND PRICE COMMUNICATIONS CORP NY X 08/20/03 Q COMM INTERNATIONAL INC UT X 08/14/03 QAD INC DE 08/20/03 QNB CORP PA X 08/19/03 QUEST RESOURCE CORP NV X 06/06/03 AMEND RAYONIER INC NC X X 08/20/03 RFP EXPRESS INC DE X 08/20/03 AMEND ROMACORP INC DE X X 08/20/03 ROSS STORES INC DE X 08/20/03 SALOMON BRO MOR SEC VII INC CITIGROUP DE X X 07/30/03 SAN JUAN BASIN ROYALTY TRUST TX X 08/19/03 SCB COMPUTER TECHNOLOGY INC TN X 08/20/03 SCOTIA PACIFIC CO LLC DE X 08/20/03 SECURITISATION ADVISORY SERVICES PTY X X 08/18/03 SHOPKO STORES INC WI X X 08/20/03 SMART & FINAL INC/DE DE X X 08/19/03 SOVEREIGN BANCORP INC PA X X 08/18/03 SPECTRUM PHARMACEUTICALS INC DE X X 08/18/03 SPEEDUS CORP DE X 08/18/03 ST JOE CO FL X X 08/19/03 STATION CASINOS INC NV X X 08/20/03 STERLING BANCORP NY X X 08/20/03 STERLING BANCSHARES INC TX X X 08/20/03 STORAGE COMPUTER CORP DE X 08/19/03 STRUCTURED ASSET SEC CORP II COM MORT X 08/01/03 STRUCTURED ASSET SECURITIES CORP II X 08/01/03 SUMMIT FINANCIAL CORP SC X 08/20/03 SYNOPSYS INC DE X 08/20/03 SYNOVIS LIFE TECHNOLOGIES INC MN X X 08/20/03 SYSTEMONE TECHNOLOGIES INC FL X 08/14/03 TALBOTS INC DE X 08/20/03 TARANTELLA INC CA X X 08/19/03 TARGET RECEIVABLES CORP MN X 08/20/03 TEDA TRAVEL INC FL X X 01/06/02 TENNECO AUTOMOTIVE INC DE X X 08/19/03 TRI CITY BANKSHARES CORP WI X 08/13/03 TRINITY LEARNING CORP UT X X 08/20/03 UICI DE X 08/20/03 USF CORP DE X 08/19/03 VISUAL BIBLE INTERNATIONAL INC FL X 08/20/03 WACHOVIA COMMERCIAL MORTGAGE SECURITI NC X X 08/18/03 WEST PHARMACEUTICAL SERVICES INC PA X 08/18/03 WILLIAMS SCOTSMAN INC MD X X 08/19/03 WPCS INTERNATIONAL INC DE X X 08/20/03 WTC INDUSTRIES INC DE X 08/05/03 AMEND XETA TECHNOLOGIES INC OK X 08/19/03 YOCREAM INTERNATIONAL INC OR X X 08/18/03 ZIMMER HOLDINGS INC DE X X 08/20/03