SEC NEWS DIGEST Issue 2003-170 September 4, 2003 ENFORCEMENT PROCEEDINGS IN THE MATTER OF PETER LYBRAND F/K/A PETER TOSTO An Administrative Law Judge has issued an Initial Decision in the matter of Peter C. Lybrand f/k/a Peter C. Tosto. The Initial Decision finds that the U.S. District Court for the Southern District of New York criminally convicted and permanently enjoined Respondent Peter C. Lybrand in connection with his participation in the offering of penny stock of Polus, Inc., Citron, Inc., and Electronic Transfer Associates, Inc. The Initial Decision permanently bars Respondent Lybrand from participating in any offering of penny stock. (Initial Decision No. 234; File No. 3-11028) COMMISSION SETTLES CEASE-AND-DESIST PROCEEDINGS INSTITUTED AGAINST RAJAN MOONDRA FOR AFTER-HOURS WASH SALES TRADING SCHEME On September 3, the Commission issued an order settling cease-and-desist proceedings previously instituted against Rajan Moondra (Moondra), finding that Moondra engaged in a fraudulent trading scheme designed to create artificial tax losses by executing wash sales between taxable and tax-sheltered accounts. The Commission's order finds that Moondra executed 56 wash sales in the securities of 12 different issuers, and created artificial tax losses of approximately $161,695. The Commission's Order specifically finds that Moondra effected his wash sales by placing near-simultaneous limit orders to buy and sell the same securities in two of the accounts in which he had trading authority. The limit orders were identical with respect to the security and the price. In two of the 56 wash sales, the limit orders also matched in terms of the number of shares. In connection with the remaining 54 wash sales, the size of the limit orders did not match exactly, but the limit orders were executed together to the extent that they overlapped in amount. In the majority of these instances, shortly after his wash trade was executed, Moondra cancelled the outstanding limit order with respect to the non-overlapping shares. The Order finds that the limit orders were processed through the Island ECN, which matched them up and executed the transactions. The Order finds that Moondra typically executed his wash sales in the after-hours market, and at prices that were away from the prevailing market price. The Order finds that Moondra placed most of his limit orders after the close of the regular market because he knew there was less volume in the after-hours market, and thereby wanted to increase the likelihood that his limit orders would be paired and executed together. The Order finds that Moondra's wash sales operated as a fraud or deceit concerning the nature of the market for each of the securities he used in his scheme. Moondra's wash sale transactions, along with the artificial prices at which they were traded, were typically reported to the market. As reported, his wash sales created a false appearance of market activity with respect to both the trading volume and value of the stocks that he used in his scheme. Moondra has consented, without admitting or denying the Commission's findings, to the entry of an order requiring him to cease and desist from violating the antifraud provisions contained within Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. See also Securities Exchange Act Release No. 48260 (July 31, 2003). The Commission wishes to thank the NASD and the Department of Justice, Tax Division for their cooperation and assistance in this matter. (Rel. 34-48432; File No. 3-11199) COMMISSION DISMISSES APPEAL FROM PERPETUAL SECURITIES, INC. The Commission has dismissed an appeal by Perpetual Securities, Inc., an NASD member firm. The NASD indefinitely suspended Perpetual Securities's registration for its failure to honor an NASD arbitration award. The Commission found, as the relevant appeal provision requires, that the specific ground on which the NASD based its suspension -- failure to pay in full an arbitration award -- existed in fact. The Commission further found that that the NASD's suspension determination was reached after a hearing conducted in accordance with the NASD's rules, and that those rules are and were applied in a manner consistent with the purposes of the Securities Exchange Act of 1934. (Rel. 34-48433; File No. 3-10958) COMMISSION BARS WILLIAM GOREN FROM ASSOCIATION WITH A BROKER, DEALER OR INVESTMENT ADVISER On September 4, the Commission issued an Order Instituting Proceedings, Making Findings and Imposing Remedial Sanctions against William H. Goren (Goren), a former principal of New Times Securities Services, Inc. (New Times) and New Age Financial Services, Inc. (New Age), a former broker- dealer and investment adviser, respectively. Without admitting or denying the Commission's findings, Goren consented to the Order, which bars him from association with any broker, dealer or investment adviser. The Order barring Goren from association with a broker, dealer or investment adviser was based on the entry of an injunction against him, and his conviction on two counts of violations of the federal securities laws. In the injunctive action, the Commission alleged, among other things, that between 1990 and 2000, Goren conducted a massive Ponzi scheme that defrauded hundreds of investors, and caused investor losses in excess of $35 million. On July 28, 2003, the United States District Court for the Eastern District of New York entered a final judgment by consent against Goren that permanently enjoins him from violating Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder. (Rel, 34-48439; IA-2166; File No. 3-11242) SEC BRINGS ENFORCEMENT ACTIONS AGAINST THREE INDIVIDUALS, GOLDMAN SACHS, AND MASSACHUSETTS FINANCIAL SERVICES COMPANY RELATED TO TRADING BASED ON NON- PUBLIC INFORMATION ABOUT THE TREASURY'S DECISION TO CEASE ISSUANCE OF THE 30- YEAR BOND The Commission today announced three related enforcement actions arising from trading in U.S. Treasury 30-year bonds minutes before the Treasury Department announced, on October 31, 2001, that it would no longer issue such bonds. The Treasury Department's announcement had a dramatic market impact, causing the largest one-day price movement in the 30-year bond since October 1987. Goldman Sachs & Company (Goldman Sachs), Massachusetts Financial Services Company (MFS), and Peter J. Davis, Jr., the individual who misappropriated the Treasury Department information that was subject to a news embargo, will pay a total of over $10.3 million to settle the Commission's actions. In a civil suit in federal court in New York, the Commission filed securities fraud charges against: o Peter J. Davis, Jr., a Washington, D.C.-based consultant and sole proprietor of Davis Capital Investment Ideas. The Commission's complaint alleges that Davis attended the Treasury Department's quarterly refunding press conference on the morning of October 31, 2001, where he learned of the Treasury's decision to cease issuance of the 30-year bond, known colloquially as "the long bond." In violation of an explicit agreement with the Treasury Department, Davis called numerous clients and tipped them to news about the cancellation of the long bond before the Treasury Department's news embargo was lifted and the news was made generally available to the public. o John M. Youngdahl, a resident of Summit, New Jersey, and formerly a Vice President and Senior Economist at Goldman, Sachs & Co. The Commission's complaint alleges that, in July 2001, Youngdahl and Davis agreed that Davis would provide Youngdahl with confidential information he learned at Treasury Department refunding press conferences. The complaint further alleges that, after receiving Davis' call on the morning of October 31, 2001, Youngdahl tipped traders on Goldman Sachs' U.S. Treasury Desk to the news about Treasury's decision to cease issuance of the long bond. While the news was still nonpublic, the traders purchased $84 million in par value of 30-year bonds for Goldman Sachs' own accounts, generating illegal profits of over $1.5 million. o Steven E. Nothern, a resident of Scituate, Massachusetts, and formerly a Senior Vice President and manager of seven fixed income mutual funds for MFS. The Commission's complaint alleges that, after Nothern heard the news of the Treasury's decision to cease issuance of the long bond in a voice mail from Davis on the morning of October 31, 2001, and before the news became public, Nothern and other MFS portfolio managers bought $65 million in par value of 30-year bonds for funds that they managed, generating approximately $3.1 million in illegal profits. Davis has entered into a settlement with the Commission. Youngdahl and Nothern are contesting the charges. Based on its former employee Youngdahl's conduct and on the bond trading that occurred as a result, Goldman Sachs has consented to a Commission administrative order finding that the firm violated the anti-fraud laws applicable to broker-dealers and government securities broker-dealers. The Commission's order also finds that Goldman Sachs lacked adequate safeguards to prevent the misuse of material nonpublic information obtained from paid consultants. Goldman Sachs will pay over $9.3 million in disgorgement of trading profits, interest, and penalties. The order also recognizes that Goldman Sachs promptly notified the Commission staff about the trading that occurred and cooperated with the Commission's investigation. MFS has consented to a Commission administrative order finding that the firm lacked adequate safeguards to prevent the misuse of material nonpublic information obtained from paid consultants. MFS will pay a penalty of $200,000 and will reimburse another firm for over $700,000 in trading losses incurred by selling to MFS the bonds that Nothern and the other fund managers purchased. The Commission's order also recognizes that MFS promptly notified the Commission staff about the trading that occurred and cooperated with the Commission's investigation. The Commission's complaint against Davis, Youngdahl and Nothern alleges that Davis marketed himself to Wall Street clients by claiming special access that enabled him "to get Washington information ahead of the media," and by promising clients "the first call on investment issues they care about." MFS retained Davis as a consultant sometime between 1995-1997, and Goldman Sachs retained Davis beginning in the spring of 2001. Youngdahl, who advised Treasury Desk traders on economic and political developments, was Davis' primary contact at Goldman Sachs. Nothern, who managed seven fixed income mutual funds for MFS, was Davis' primary contact at MFS. The complaint alleges that, since 1994, Davis had attended the Treasury Department's quarterly refunding press conferences under an explicit agreement that he would honor the news embargo that Treasury imposed until the designated public announcement time. At these press conferences, the Treasury Department announced the Federal Government's financing requirements for the coming quarter. Notwithstanding his agreement to abide by the news embargo, the complaint alleges that, in July 2001, Davis and Youngdahl agreed in a series of e-mails that Davis would provide Youngdahl with confidential information from the Treasury Department's quarterly refunding press conferences prior to the expiration of the embargo. Davis had previously conveyed confidential refunding information to Youngdahl in May 2001, and, pursuant to their July agreement, did so again in August 2001. The complaint further alleges that, at the Oct. 31, 2001, refunding press conference, Treasury Department officials announced three times that the information being made available was embargoed until 10:00 a.m. The press conference ended at approximately 9:25 a.m. Then, Davis, despite the officials' warnings, and in violation of his prior explicit agreement to abide by the embargo, placed a series of cell phone calls to his clients, including Youngdahl and Nothern, beginning at 9:28 a.m., and told them that the Treasury Department was suspending future long bond issuances. The complaint alleges that Youngdahl knew that Davis, pursuant to their July agreement, was tipping him with confidential Treasury Department information before the information was released to the public. The complaint also alleges that Nothern knew, from a voice mail which Davis left him and which he listened to, that Davis had learned about the suspension of 30-year bond issuances directly from the Treasury Department, and that the news was embargoed until a scheduled 10:00 a.m. press announcement. The Commission's complaint charges Davis, Youngdahl, and Nothern with violations of Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 thereunder, and seeks injunctions, disgorgement, and civil money penalties. Prior to the filing of the action, Davis consented, without admitting or denying the allegations of the complaint, to the entry of a permanent injunction from future violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and a court order that he disgorge $29,598, which represents the amount of consulting fees he received from Goldman Sachs and MFS plus prejudgment interest, and pay a penalty of $120,000. The Commission's administrative order against Goldman Sachs finds that, because of Youngdahl's conduct and the trading that ensued, Goldman Sachs willfully violated Sections 15(c)(1)(A) and 15(c)(1(C) of the Exchange Act and Rule 15c1-2 thereunder, the provisions that prohibit fraud by broker-dealers and government securities dealers. The order also finds that Goldman Sachs willfully violated Section 15(f) of the Exchange Act because it did not have written policies and procedures reasonably designed, taking into consideration the nature of the firm's business, to prevent the misuse of material nonpublic information. During the relevant period, Goldman Sachs, and the Treasury Desk in particular, employed numerous paid consultants who provided a wide range of information and analysis. Although Goldman Sachs did have written policies on the proper handling and use of material, confidential information, these policies did not expressly address the use of such consultants or the handling of information obtained from them. Goldman Sachs consented to the Commission's order without admitting or denying the Commission's findings. The order censures Goldman Sachs, orders the firm to cease and desist from committing or causing future violations, and orders Goldman Sachs to disgorge $1,742,642 in bond trading profits and prejudgment interest, and to pay a penalty of $5,000,000. In addition Goldman Sachs is undertaking to disgorge $2,562,740 in bond futures trading profits and prejudgment interest. The Commission's order also requires Goldman Sachs' Legal Department to do a review of the firm's policies and procedures and to implement corrective measures to prevent any possible future abuse of material nonpublic information with respect to the use of consultants. The Commission's Order against MFS finds that MFS willfully violated Section 204A of the Investment Advisers Act of 1940 because it lacked adequate safeguards to prevent the misuse of material nonpublic information with respect to information obtained from consultants. Although MFS retained numerous paid consultants like Peter Davis, the firm's written materials on the use of nonpublic information only referenced inside information received from company insiders or their agents, and did not discuss the potential that paid consultants might provide such information. Without admitting or denying the Commission's findings, MFS consented to the entry of the Commission's order, which censures MFS, requires MFS to cease and desist from committing or causing future violations, and orders MFS to pay a penalty of $200,000. The order also requires MFS' General Counsel's office to do a review of the firm's policies and procedures and to implement corrective measures to prevent any possible future abuse of material nonpublic information with respect to the use of consultants. In addition, MFS is undertaking to reimburse the broker-dealer that sold MFS the 30-year bonds $717,858, representing losses by the broker-dealer from selling 30-year bonds to MFS on October 31, 2001, and prejudgment interest on that amount. [SEC v. Peter J. Davis, Jr., et al., Civil Action No. 03-CV6672(NRB) USDC SDNY] (LR-18322; Press Rel. 2003-107); (Administrative Proceeding in the Matter of Goldman Sachs & Co. - Rel. 34-48436; 33-8277; 34-48437; File No. 3-11240); (Administrative Proceeding in the matter of Massachusetts Financial Services Company - IA-2165; File No. 3-11241) REED SLATKIN SENTENCED TO 14 YEARS FOR RUNNING A $600 MILLION PONZI SCHEME AND OBSTRUCTING JUSTICE The U.S. Attorney for the Central District of California announced Tuesday that Reed E. Slatkin was sentenced Tuesday by United States District Judge Margaret M. Morrow to 14 years in prison after pleading guilty last year to a series of criminal charges related to a massive Ponzi scheme, including conspiracy to obstruct justice during an SEC enforcement investigation. In March 2002, Slatkin pleaded guilty to 15 felony charges, including mail and wire fraud, money laundering and conspiracy to obstruct justice, for fraudulently soliciting nearly $600 million from approximately 800 investors during a 15-year period. On May 11, 2001, the SEC obtained a temporary restraining order and asset freeze against Slatkin, a co-founder, former director and substantial shareholder of Earthlink, Inc., in federal district court in Los Angeles. The Commission alleged that Slatkin defrauded hundreds of clients through his unregistered investment advisory business located in Santa Barbara, California. On June 7, 2001, the U.S. District Court for the Central District of California entered a Judgment of Permanent Injunction against Slatkin. The judgment enjoins Slatkin from future violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 and the investment adviser registration provisions of Section 203(a) of the Advisers Act. Slatkin, without admitting or denying the allegations in the complaint, consented to the entry of the injunction. Slatkin has also been barred by the Commission from associating with any investment adviser. For further information see LR-16998, 17033, 17796, and 18107, Advisers Act Rel. No. 2006. [U.S. v. Reed E. Slatkin, 01-04283 (C.D. Cal.)] (LR-18323) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-Phlx-2003-60) filed by the Philadelphia Stock Exchange extending a pilot program to deploy the Exchange's Floor Broker Management System has become immediately effective. (Rel. 34- 48425) A proposed rule change (SR-CHX-2003-22), and Amendment No. 1 thereto, filed by the Chicago Stock Exchange relating to its membership dues and fees has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934 and Rule 19b-4(f)(2), thereunder. Publication of the proposal is expected in the Federal Register during the week of September 8. (Rel. 34-48428) PROPOSED RULE CHANGES The National Association of Securities Dealers filed a proposed rule change (SR-NASD-2003-127), which relates to fees for the listing of additional shares and record-keeping. Publication of the proposal is expected in the Federal Register during the week of September 1. (Rel. 34-48413) The New York Stock Exchange filed a proposed rule change (SR-NYSE-2003- 25) relating to continuing annual fees for "repackaged" securities. Publication of the proposal is expected in the Federal Register during the week of September 8. (Rel. 34-48429) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change and Amendment No. 1 thereto (SR-NASD-2003-81) submitted by the National Association of Securities Dealers relating to the quote decrementation of Order Delivery ECNs in SuperMontage. Publication of the proposal is expected in the Federal Register during the week of September 8. (Rel. 34-48434) DELISTING GRANTED An order has been issued granting the application of the Pacific Exchange to strike from listing and registration the Common Stock, $.01 par value, of Aurora Foods Inc., effective at the opening of business on September 4. (Rel. 34-48431) 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-3 XCEL ENERGY INC, 800 NICOLLET MALL, MINNEAPOLIS, MN, 55402, 6123305500 - 0 ($217,200,000.00) Equity, (File 333-108446 - Sep. 3) (BR. 02) S-8 UNIVERCELL HOLDINGS INC, 1 RANDALL AVENUE, NA, PIKESVILLE, MD, 21208, 8007652355 - 10,300,000 ($51,500.00) Equity, (File 333-108447 - Sep. 3) (BR. 37) S-3 FISHER SCIENTIFIC INTERNATIONAL INC, LIBERTY LANE, HAMPTON, NH, 03842, 6039265911 - 0 ($750,000,000.00) Other, (File 333-108448 - Sep. 3) (BR. 02) S-8 SAFE TECHNOLOGIES INTERNATIONAL INC, 2875 SOUTH OCEAN BLVD, SUITE 211, PALM BEACH, FL, 33444, 5618322700 - 30,000,000 ($225,000.00) Equity, (File 333-108449 - Sep. 3) (BR. 04) S-4 PPL CORP, TWO N NINTH ST, ALLENTOWN, PA, 181011179, 6107745151 - 0 ($572,500,000.00) Equity, (File 333-108450 - Sep. 3) (BR. 02) S-3 WINTRUST FINANCIAL CORP, 727 N BANK LANE, LAKE FOREST, IL, 60045, 8476154096 - 1,150,000 ($40,652,500.00) Equity, (File 333-108452 - Sep. 3) (BR. 07) S-8 CAL BAY INTERNATIONAL INC, 1582 PARKWAY LOOP SUITE G, TUSTIN, CA, 92780, 7142587070 - 2,450,000 ($73,500.00) Equity, (File 333-108453 - Sep. 3) (BR. 06) S-8 PIER 1 IMPORTS INC/DE, 301 COMMERCE ST STE 600, FORT WORTH, TX, 76102, 8178788000 - 0 ($41,080,000.00) Equity, (File 333-108454 - Sep. 3) (BR. 02) S-8 GALYANS TRADING CO INC, 2437 EAST MAIN STREET, PLAINFIELS, IN, 46168, 3175320200 - 300,000 ($3,429,000.00) Equity, (File 333-108455 - Sep. 3) (BR. 02) S-8 CRESCENT FINANCIAL CORP, 1005 HIGH HOUSE ROAD, CARY, NC, 27513, 9194607770 - 0 ($1,832,655.08) Equity, (File 333-108456 - Sep. 3) (BR. 07) S-8 P D C INNOVATIVE INDUSTRIES INC, 3838 NW 126TH AVENUE, -, CORAL SPRINGS, FL, 33065, (954) 341-0092 - 2,000,000 ($14,000.00) Equity, (File 333-108460 - Sep. 3) (BR. 09) S-8 HONEYWELL INTERNATIONAL INC, 101 COLUMBIA RD, PO BOX 4000, MORRISTOWN, NJ, 07962, 9734552000 - 4,000,000 ($114,800,000.00) Equity, (File 333-108461 - Sep. 3) (BR. 05) S-3 TEXTRON FINANCIAL CORP, 40 WESTMINSTER ST, P O BOX 6687, PROVIDENCE, RI, 02901, 4016214200 - 3,700,000,000 ($3,700,000,000.00) Non-Convertible Debt, (File 333-108464 - Sep. 3) (BR. 07) S-8 ENERGY EXPLORATION TECHNOLOGIES /, 840 SEVENTH AVENUE SW, SUITE 700, CALGARY ALBE T2P 3G2, A2, 99204, 403-264-7020 - 375,000 ($142,500.00) Equity, (File 333-108465 - Sep. 3) (BR. 04) S-8 AMERICAN INTERNATIONAL GROUP INC, 70 PINE ST, NEW YORK, NY, 10270, 2127707000 - 0 ($2,107,157,813.00) Equity, (File 333-108466 - Sep. 3) (BR. 01) S-8 CENTENE CORP, 7711 CARONDELET AVE, ST LOUIS, MO, 63105, 3147254477 - 1,875,000 ($50,925,000.00) Equity, (File 333-108467 - Sep. 3) (BR. 01) S-3 DAVE & BUSTERS INC, 2481 MANANA DRIVE, DALLAS, TX, 75220, 2143579588 - 0 ($37,735,341.00) Other, (File 333-108468 - Sep. 3) (BR. 05) S-1 IMPCO TECHNOLOGIES INC, 16804 GRIDLEY PLACE, CERRITOS, CA, 90701, 5628606666 - 1,005,000 ($6,391,800.00) Equity, (File 333-108469 - Sep. 3) (BR. 05) S-8 HANGER ORTHOPEDIC GROUP INC, TWO BETHESDA METRO CENTER, SUITE 1300, BETHESDA, MD, 20814, 3019860701 - 500,000 ($6,695,000.00) Equity, (File 333-108470 - Sep. 3) (BR. 01) S-8 HEICO CORP, 3000 TAFT ST, HOLLYWOOD, FL, 33021, 3059876101 - 520,000 ($5,865,600.00) Equity, (File 333-108471 - Sep. 3) (BR. 05) S-8 HI TECH PHARMACAL CO INC, 369 BAYVIEW AVENUE, AMITYVILLE, NY, 11701, 5167898228 - 0 ($46,706,250.00) Equity, (File 333-108473 - Sep. 3) (BR. 01) S-8 NANOMETRICS INC, 4087461600 - 750,000 ($5,328,750.00) Equity, (File 333-108474 - Sep. 3) (BR. 36) N-2 PIMCO FLOATING RATE INCOME FUND, 1345 AVENUE OF THE AMERICAS 47TH FL, NEW YORK, NY, 10105, 2127393502 - 10 ($250,000.00) Equity, (File 333-108475 - Sep. 3) (BR. 22) S-3 CIENA CORP, 1201 WINTERSON ROAD, LINTHICUM, MD, 21090, 4108658500 - 0 ($14,987,431.89) Equity, (File 333-108476 - Sep. 3) (BR. 37) S-3 DELPHI CORP, 5725 DELPHI DRIVE, TROY, MI, 48098, 2484471500 - 0 ($1.00) Other, (File 333-108477 - Sep. 3) (BR. 05) S-8 NETIQ CORP, 3553 NORTH FIRST STREET, SAN JOSE, CA, 95134, 4083307000 - 3,400,000 ($43,262,000.00) Equity, (File 333-108478 - Sep. 3) (BR. 03) S-1 CRYSTAL DECISIONS INC, CRYSTAL DECISIONS, INC., 895 EMERSON AVENUE, PALO ALTO, CA, 94301, 6508387410 - 0 ($7,624,010.00) Equity, (File 333-108479 - Sep. 3) (BR. 03) SB-2 SOUTHCOAST FINANCIAL CORP, POST OFFICE BOX 1561, MT PLEASANT, SC, 29465, 8438840504 - 800,000 ($12,800,000.00) Equity, (File 333-108480 - Sep. 3) (BR. 07) S-3 MERGE TECHNOLOGIES INC, 1126 S 70TH STREET, SUITE S-107B, MILWAUKEE, WI, 53214, 4149774000 - 701,664 ($11,366,956.80) Equity, (File 333-108481 - Sep. 3) (BR. 03) SB-2 HIENERGY TECHNOLOGIES INC, 1601 ALTON PARKWAY, UNIT B, IRVINE, CA, 92606, 9497570855 - 3,048,430 ($3,200,851.00) Equity, (File 333-108482 - Sep. 3) (BR. 36) S-1 ALKERMES INC, 88 SIDNEY ST, CAMBRIDGE, MA, 02139-4136, 617-494-0171 - 9,025,271 ($125,000,000.00) Debt Convertible into Equity, (File 333-108483 - Sep. 3) (BR. 01) SB-2 HIENERGY TECHNOLOGIES INC, 1601 ALTON PARKWAY, UNIT B, IRVINE, CA, 92606, 9497570855 - 7,603,723 ($7,983,909.00) Equity, (File 333-108484 - Sep. 3) (BR. 36) SB-2 SMARTIRE SYSTEMS INC, 150 13151 VANIER PL, RICHMOND BC CANADA, A1, V6V 2J1, 6042769884 - 54,000,000 ($8,775,000.00) Equity, (File 333-108485 - Sep. 3) (BR. 36) S-3 HARRIS CORP /DE/, 1025 W NASA BLVD, MELBOURNE, FL, 32919, 3217279100 - 500,000,000 ($500,000,000.00) Unallocated (Universal) Shelf, (File 333-108486 - Sep. 3) (BR. 05)