SEC NEWS DIGEST Issue 2004-189 September 30, 2004 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS CLOSED MEETING – MONDAY, OCTOBER 4, 2004 – 10:00 A.M. The subject matter of the closed meeting scheduled for Monday, October 4, 2004, will be: Institution and settlement of injunctive action; and Institution and settlement of administrative proceedings of an enforcement nature. OPEN MEETING – WEDNESDAY, OCTOBER 6, 2004 – 10:30 A.M. – ROOM 6600 The subject matter of the open meeting scheduled for Wednesday, October 6, 2004, will be: The Commission will hear oral argument in an appeal by Michael Batterman, an investment adviser, and by Randall B. Batterman III from an initial decision of an administrative law judge. On motion for summary disposition, the law judge found that the Battermans had been permanently enjoined from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, Exchange Act Rule 10b-5, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The law judge barred the Battermans from association with any investment adviser. Among the issues likely to be considered are: 1. Whether Federal Rule of Civil Procedure 36(b) provides that the district court injunction may not be used as a basis for this proceeding where the district court deemed that the Battermans had admitted certain allegations in Requests for Admissions filed by the Commission based on their failure to deny properly those allegations; 2. Whether the doctrine of collateral estoppel precludes the Battermans’ challenge to the district court’s findings; 3. Whether Randall Batterman was “a person associated with an investment adviser” within the meaning of the Advisers Act; and 4. Whether sanctions are appropriate in the public interest. CLOSED MEETING – THURSDAY, OCTOBER 7, 2004 – 2:15 P.M. The subject matter of the closed meeting scheduled for Thursday, October 7, 2004, will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; and an Adjudicatory matter. 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. FEE RATE ADVISORY #3 FOR FISCAL YEAR 2005 Starting tomorrow, Oct. 1, 2004, the Securities and Exchange Commission will operate under a continuing resolution that will extend through Nov. 20, 2004. During this period, fees paid under Section 6(b) of the Securities Act of 1933 and Sections 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 will remain at their current rates. Five days after the date of enactment of the Commission's regular fiscal year 2005 appropriation, the Section 6(b) fee rate applicable to the registration of securities, the Section 13(e) fee rate applicable to the repurchase of securities, and the Section 14(g) fee rate applicable to proxy solicitations and statements in corporate control transactions will decrease from the current rate of $126.70 per million to $117.70 per million, as previously announced. In addition, thirty days after the date of enactment of the Commission's regular appropriation, the Section 31 fee rate applicable to securities transactions on the exchanges and Nasdaq will increase from the current rate of $23.40 per million to $32.90 per million, as previously announced. At present, under the continuing resolution, the Section 31 fee rate will remain at $23.40 per million. Additional information on the transition to the new Section 31 fee rate will be available before the new rate becomes effective on the web sites of The New York Stock Exchange and NASD at http://www.nyse.com and http://www.nasd.com. Further inquiries may be directed to the Division of Market Regulation at 202/942-0069 or by e-mail to marketreg@sec.gov. A copy of the Commission's April 30, 2004, order regarding fee rates for fiscal year 2005 is available at http://www.sec.gov/news/press/2004- 59.htm. The Commission will issue further notices as appropriate to keep the public informed of developments relating to enactment of the Commission's regular appropriation and the effective dates for the above fee rate changes. These notices will be posted at the SEC's Internet web site at http://www.sec.gov. (Press Rel. 2004-139) ENFORCEMENT PROCEEDINGS COMMISSION REMANDS BROKER-DEALER PROCEEDING TO LAW JUDGE FOR EVALUATION OF RESPONDENT’S CLAIMS ON APPEAL AND FURTHER DEVELOPMENT OF RECORD The Commission remanded James F. Glaza's application for review to an administrative law judge for exploration of allegations raised for the first time on appeal and for further development of the record. \The law judge found, based entirely on Stipulations signed and submitted by Glaza and the Division of Enforcement and exhibits filed and admitted with the Stipulations, that Glaza had sold unregistered securities when no exemption from registration was available and that Glaza had made material misstatements or omissions in connection with this sale of securities. On appeal, represented by new counsel, Glaza claims for the first time that he never intended to enter into the Stipulations and that his hearing attorney had committed fraud on the tribunal by misrepresenting to the law judge the extent of his authority to negotiate and enter the Stipulations. Glaza further argues that his hearing attorney committed fraud in the execution or fraud in the inducement by misrepresenting the nature and effect of the Stipulations to Glaza in an effort to induce Glaza to sign the Stipulations so that a formal hearing could be avoided. In light of Commission precedent emphasizing the importance of protecting the fairness and integrity of the Commission’s administrative proceedings, the Commission determined that Glaza’s allegations raise an issue that warrants further inquiry. Accordingly, the Commission remanded the matter to the law judge to determine whether there is a basis for Glaza’s allegations and to take whatever steps are appropriate based on that determination. (Rel. 33-8498; 34-50474; File No. 3-11012) IN THE MATTER OF HAROLD GALLISON, JR., TERRENCE HUGHES AND DAVID ROSENTHAL On September 29, the Commission issued an Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934 as to David Rosenthal (the Order) based on the entry of a consent judgment of permanent injunction against David Rosenthal (Rosenthal). On September 7, the Commission instituted public administrative proceedings pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) against Rosenthal. The Order finds that on Nov. 26, 2002, the U.S. District Court for the District of Utah entered a final consent judgment against Rosenthal that, among other things, permanently enjoins Rosenthal from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Rosenthal consented to the entry of the final consent judgment without admitting or denying the allegations in the underlying complaint except as to jurisdiction. As stated in the Order, the Commission filed the complaint against Rosenthal and others on Dec. 18, 1997, alleging, among other things, that Rosenthal engaged in a fraudulent scheme to manipulate the market for the securities of Golf Ventures, Inc. (GVI), a public company located in Salt Lake City, Utah that filed for bankruptcy in July 1999 and subsequently ceased all operations. Rosenthal executed the scheme from approximately October 1995 through October 1996 by accepting undisclosed bribe payments from a GVI representative in exchange for recommending and selling GVI securities to his customers. Rosenthal participated in an offering of GVI stock, which was a penny stock for a significant portion of the time period relating to his conduct. Based on the above, the Order bars Rosenthal from association with any broker or dealer. The Order also bars Rosenthal from participating in any offering of a penny stock. Rosenthal consented to the issuance of the Order without admitting or denying any of the allegations therein, except as to the Commission’s jurisdiction over him and over the matters set forth in the Order and the entry of the Final Judgment. (Rel. 34- 50472; File No. 3-11634) IN THE MATTER OF GROH ASSET MANAGEMENT, INC. AND ROGER GROH On September 30, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Sections 203(e), 203(f), and 203(k) of the Investment Advisers Act (Order) against Groh Asset Management, Inc. (GAM) and Roger O. Groh. The Order finds that GAM willfully violated, and Groh willfully aided and abetted GAM’s violations of, Sections 206(2) and 206(4) of the Advisers Act and Rule 206(4)-1(a)(5) thereunder by overstating GAM’s assets under management to entities in the business of gathering and publishing information about investment advisers and money managers. GAM’s violations persisted despite the fact that GAM and Groh received deficiency letters following an examination by the Commission’s compliance staff citing them for overstating assets under management and requiring corrective action. The Order also finds that GAM willfully violated, and Groh willfully aided and abetted GAM’s violations of, Section 204 of the Advisers Act and Rule 204-2(a)(11) by failing to maintain copies of questionnaires, surveys, and other communications with publications that made information about GAM available to the public. Based on the above the Order censures GAM and Groh and directs them to pay together a $45,000 civil penalty and cease and desist from future violations. The order also directs GAM to comply with certain undertakings: (1) to retain an independent consultant to review GAM’s advertising and marketing materials and to monitor GAM’s compliance with books-and-records requirements for a period of five years; and (2) to distribute the administrative Order to GAM’s clients and potential clients for one year. GAM and Groh consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. IA-2308; File No. 3-11691) IN THE MATTER OF RAYMOND JAMES FINANCIAL SERVICES, INC., J. STEPHEN PUTNAM AND DAVID LEE ULLOM On September 30, the Commission issued an Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 (Securities Act), Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Exchange Act), and Section 203(f) of the Investment Advisers Act of 1940 (Order) against Raymond James Financial Services, Inc. (Raymond James), a St. Petersburg, Florida-based broker-dealer and investment adviser registered with the Commission; J. Stephen Putnam (Putnam) of Tarpon Springs, Florida; and David Lee Ullom (Ullom) of Greene, Rhode Island. The Division of Enforcement (Division) alleges that Raymond James committed fraud based on the fraudulent acts of Dennis S. Herula (Herula), one of its registered representatives, and also charges Raymond James, Putnam and Ullom for failing reasonably to supervise Herula. The Division alleges that in his capacity as a Raymond James registered representative during 1999 and 2000 and as part of a fraudulent scheme, Herula made numerous false representations to solicit investors, who deposited approximately $44.5 million in a brokerage account at Raymond James held in the name of Brite Business Corporation. According to the Order, Putnam, who was then the president and chief operating officer of Raymond James, and Ullom, who was Herula’s branch office manager at Raymond James, were aware that Herula was making and/or had made misrepresentations on behalf of Raymond James, but failed to take timely or adequate steps to address those misrepresentations or to stop Herula from making further misrepresentations. The Division further alleges that approximately $15.5 million of the investor funds deposited in the Brite Business account at Raymond James – most of which was subsequently transferred to Herula’s wife’s brokerage account at Raymond James – was dissipated and never returned to investors. The Division also alleges that Herula and his wife misappropriated approximately $8.7 million of those funds. According to the Order, Putnam and/or Ullom facilitated the dissipation of those funds by approving the transfers from the Brite Business account to Herula’s wife’s account. The Division alleges that Putnam and Ullom failed reasonably to supervise Herula when they failed to respond adequately to several “red flags” concerning Herula’s activities. The Division also alleges that Raymond James committed direct violations of the antifraud provisions of the federal securities laws based on Herula’s activities, and charges Raymond James and Putnam with failing reasonably to supervise Herula by failing to establish procedures or systems to implement existing procedures concerning the supervision of registered representatives who worked away from the office (as Herula did), heightened supervision of registered representatives, monitoring or auditing operating accounts of branch offices, and investigation of fund transfers. The Division alleges that as a result of Herula’s fraudulent conduct, Raymond James violated Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Division also alleges that Raymond James, Putnam and Ullom failed reasonably to supervise Herula, a person subject to their supervision, with a view to preventing or detecting Herula’s violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. According to the Order, Raymond James also violated Section 17(a) of the Exchange Act and Rule 17a-4 thereunder by failing to preserve for three years, the first two years in an accessible place, electronic mail communications, and by failing to promptly furnish certain electronic mail communications to the Commission staff. A hearing will be held by an administrative law judge to determine whether the allegations contained in the Order are true, to provide the Respondents an opportunity to dispute these allegations, and to determine what, if any, remedial sanctions are appropriate and in the public interest. The Order requires the Administrative Law Judge to issue an initial decision no later than 300 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice. (Rels. 33-8499; 34-50476; IA-2309; File No. 3-11692; Press Rel. 2004-140) SEC SUES ATTORNEY AND TWO PROMOTERS IN ANTHRAX HOAX CASE On September 29, the Commission filed a civil action against an attorney, Robert J. Cassandro, two stock promoters, Michael C. Cardascia and Stephen E. Apolant in a case that arose out of a fraudulent scheme to manipulate the price of Spectrum Brands Corporation’s stock by exploiting the fear of bio-terrorism following Sept. 11, 2001. Specifically, the complaint alleges that Spectrum Brands was secretly managed and controlled by a group of stock promoters in Hicksville, New York, some of whom were convicted felons. The complaint further alleges that to conceal its true ownership from the investing public, Spectrum Brands stated in a Form 8-K filed with the Commission on or about Oct. 31, 2001, that a Michael J. Burns was the sole officer and director of the company and that the corporate address was in Hauppauge, New York. In truth, Burns had little or no management responsibility for Spectrum Brands and the Hauppauge address was a mail drop. The complaint alleges that Cassandro participated in drafting the false and misleading statements in the Form 8-K while knowing that the statements were false and misleading. Also, according to the complaint, Michael Cardascia and Apolant helped promote Spectrum Brands stock via internet, radio, bulk e-mail, and fax while knowing that these communications contained false and misleading statements regarding the identity of the persons controlling and managing Spectrum Brands. The complaint also alleges that Michael Cardascia bought Spectrum Brands stock privately at a discount and that his wife Joan Cardascia, who was named as a relief defendant, was unjustly enriched when she sold it at inflated prices. The Commission charged Cassandro with primary and aiding and abetting violations of Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder. The Commission charged Michael Cardascia and Apolant with aiding and abetting violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Commission seeks permanent injunctions, an accounting of all gains garnered, disgorgement of such gains, with prejudgment interest, and civil money penalties. The Commission also seeks an order providing that Joan Cardascia disgorge the amount by which she was unjustly enriched, with prejudgment interest. This case is related to SEC v. Spectrum Brands Corp., Saverio (Sammy) Galasso III, David Hutter (a/k/a David Green), Charlie Dilluvio and Michael J. Burns, Civil Case No. CV- 01-8257 (Spatt, J.)(E.D.N.Y. filed December 11, 2001)[LR – 17265), in which the Commission alleged that, among other things, Spectrum Brands falsely claimed that it had a product that could "wipe out surface germs in less than 5 seconds, including anthrax.” [SEC v. Robert J. Cassandro, Michael C. Cardascia, and Stephen E. Apolant, Defendants, and Joan Cardascia, Relief Defendant, Civil Case No. CV-04-4199 (Spatt, J.) EDNY] (LR-18909) SEC CHARGES FORMER DIRECTOR OF ADVERTISING AT ADVANCED MARKETING SERVICES, INC. WITH SCHEMES TO INFLATE ADVERTISING EARNINGS The Commission today announced the filing of civil charges against Marcy Wilson Roke for her participation in schemes to improperly inflate the earnings of Advanced Marketing Services, Inc. (AMS). AMS is a San Diego- based wholesaler of general interest books that provides a variety of other services, including promotional and advertising services. Roke, age 37, of San Diego, California, was director of advertising at AMS from 1999 through 2004. The Commission’s complaint, filed today in U.S. District Court in San Diego, alleges that Roke participated in schemes to improperly manipulate AMS’s earnings that were carried out primarily through AMS’s advertising department. The complaint alleges that the fraudulent schemes caused AMS to overstate its pre-tax earnings by about 9% in fiscal year 2001, 10% in fiscal year 2002, and 19% in fiscal year 2003. The complaint alleges that AMS fraudulently overstated its earnings through two schemes. The first scheme involved the production of fewer advertising vehicles than AMS had contracted with publishers to provide. One advertising service that AMS provides to publishers is to print and mail advertising vehicles – such as inserts, catalogs, and post-cards – for books the publishers produce. Through Roke’s involvement, AMS improperly recognized revenue on the full quantity of advertising vehicles it had agreed to distribute, because it did not in fact produce the agreed-upon number of vehicles. As a result, AMS recorded revenue for these services contrary to generally accepted accounting principles, and thereby improperly overstated its earnings. The complaint further alleges that Roke participated in a scheme to increase AMS’s income by improperly reversing certain accrued liabilities relating to retail cooperative advertising. AMS recorded liabilities for credits that it expected retailers to take for certain advertising and promotional services that the retailers provided. When the retailers did not take the credits due to them, instead of contacting the retailers and reconciling amounts, Roke directed advertising and sales personnel to hide the discrepancies from the retailers, so that AMS could improperly reverse the liability and thereby decrease expenses and increase its income. Roke profited from her participation in the fraudulent schemes from her receipt of annual bonuses and sales of AMS stock, which totaled more than $200,000. Randall R. Lee, Regional Director of the SEC’s Pacific Regional Office in Los Angeles, stated, “This action marks an important first step in our efforts, in coordination with the Department of Justice, to hold accountable all those who participated in the schemes to defraud the investing public at AMS by manipulating and overstating its advertising earnings.” The complaint alleges that Roke violated the antifraud provisions (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 the books and records provisions of the federal securities laws (Section 13(b)(5) of the Exchange Act) as well as aiding and abetting and violating the record-keeping provisions of the federal securities laws (Section 13(b)(2)(A) of the Exchange Act and Rule 13b2-1 thereunder). The SEC seeks a permanent injunction, disgorgement of all ill-gotten gains plus prejudgment interest, and a civil penalty against Roke. The Commission acknowledges the cooperation and assistance of the United States Attorney’s Office for the Southern District of California. The Commission’s investigation is continuing. [SEC v. Marcy Wilson Roke, Case No. 04 CV 1966 H (POR) (S.D. Cal.)] (LR-18910; AAE Rel. 2115) SEC CHARGES FORMER LIBERATE TECHNOLOGIES EXECUTIVES WITH FINANCIAL REPORTING FRAUD The Commission today announced financial reporting fraud charges against two former high-ranking executives of Liberate Technologies, a San Carlos, California-based company that sells software and services for interactive television. Alleged to have participated in a scheme to fraudulently inflate Liberate’s revenue over four successive quarters in 2002 and 2003 are former Chief Operating Officer and head of sales Donald M. Fitzpatrick, of Sydney, Australia, and former sales vice president Thomas R. Stitt of Redwood City, California. Stitt has reached a settlement of the charges against him. The Commission’s complaint, which was filed in the U.S. District Court for the Northern District of California, alleges that Fitzpatrick, on his own and with assistance from Stitt on several deals, devised a series of fraudulent transactions to inflate Liberate’s quarterly and year-end financial results. As a result, Liberate’s quarterly revenue was artificially inflated by as much as 17% during the company’s 2002 and 2003 fiscal years. Liberate ultimately restated its financial statements in September 2003 to reverse and defer revenue from the fraudulent transactions. According to the complaint, Fitzpatrick employed various devices to inflate Liberate’s reported results. For instance, Fitzpatrick, aided by Stitt, effectuated an improper “round-trip” deal whereby Liberate supplied its customer with the money to make the purchase. In this sham deal, Liberate received no net economic benefit, essentially using its own funds to create the false appearance of legitimate revenue. In another fraudulent transaction, Fitzpatrick negotiated a side agreement with a customer that granted the customer future financial concessions, and then hid the agreement from Liberate’s finance department. The concessions Fitzpatrick secretly granted, if accounted for properly, would have wiped out the revenue Liberate reported to the public for the sale. The complaint also alleges that Fitzpatrick and Stitt lied to Liberate’s outside auditors and to Liberate’s own financial group, which enabled the fraud to remain undetected. The Commission’s complaint charges Fitzpatrick with securities fraud and lying to accountants. The complaint seeks injunctive relief, civil monetary penalties, disgorgement of Fitzpatrick’s ill-gotten gains (including commissions and bonuses), and an order barring Fitzpatrick from serving as an officer or director of a public company. Stitt is charged in the Commission’s complaint with violating the antifraud provisions of the federal securities laws and with aiding and abetting Liberate’s reporting of false financial information to the Commission and Liberate’s failure to maintain accurate books and records and internal controls. The complaint additionally charges him with lying to accountants, circumventing accounting controls, and falsifying the company’s books and records. Without admitting or denying the allegations, Stitt agreed to pay a total of $78,000, including $28,000 in disgorgement and a $50,000 civil monetary penalty. Stitt also agreed to the entry of a court order barring him from serving as an officer or director of a public company for 10 years and enjoining him from future violations of these laws. The Commission’s district court complaint charges Fitzpatrick with securities fraud (Section 17(a) of the Securities Act of 1933 and 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder) and lying to accountants (Rule 13b2-2). The Commission’s action charges Stitt with the same Exchange Act violations as well as violations of other Exchange Act provisions and rules, specifically, aiding and abetting Liberate in filing false periodic reports under Section 13(b) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13; aiding and abetting Liberate in maintaining inaccurate books under Section 13(b)(2)(A) of the Exchange Act; aiding and abetting Liberate in having inadequate internal accounting controls under Section 13(b)(2)(B) of the Exchange Act; and circumventing internal accounting controls under Section 13(b)(5) of the Exchange Act and Rule 13b2-1. The U.S. Attorney’s Office for the Northern District of California, and the Federal Bureau of Investigation, today also announced criminal charges against Fitzpatrick for his role in the financial reporting fraud. The Commission acknowledges the assistance of the Federal Bureau of Investigation and the U.S. Attorney’s Office for the Northern District of California. [SEC v. Donald M. Fitzpatrick and Thomas R. Stitt, Civil Action No C 04 4120 BZ, USDC, NDCA] (LR-18911; AAE Rel. 2114) SEC SETTLES INSIDER TRADING CHARGES WITH FINANCIAL CONSULTANT The Commission today announced a settled action against James R. Jensen, of Englewood, Colorado, for engaging in insider trading in the securities of Crown Resources, Corp. (Crown). The Commission’s complaint, filed in the U.S. District Court for the District of Colorado, alleges that while working as a financial consultant for Crown, Jensen obtained material nonpublic information that he used to earn illegal trading profits. The Commission alleges that on Oct. 7, 2003, Crown hired Jensen to work as a financial consultant. On that same day, Jensen learned that Crown was going to be acquired and that a public announcement was imminent. Based on that nonpublic information, Jensen began buying Crown stock. Following the close of the financial markets on October 8, Crown announced it had been acquired. As a result, on October 9 the price of Crown stock increased. In the complaint, the Commission alleges that Jensen obtained $15,265 in illegal profits from his trading in Crown stock. The Commission seeks against Jensen a permanent injunction, disgorgement of his illegal trading profits and prejudgment interest, and a civil money penalty. Simultaneously with the filing of the Commission’s action, Jensen agreed, without admitting or denying the allegations in the complaint, to the entry of a final judgment permanently enjoining him from future violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In addition, Jensen consented to pay disgorgement of $15,265 plus prejudgment interest, and to pay a one-time civil penalty on his profits of $15,265. [SEC v. James R. Jensen, Case No. 04-F-2010-(PAC)] (LR-18912) FORMER VICE PRESIDENT OF WASTE MANAGEMENT, INC. SETTLES SEC ACTION The Commission announced today that on September 28 the U.S. District Court for the Northern District of Illinois entered final judgment as to defendant Bruce D. Tobecksen in the federal civil enforcement action filed by the Commission. Tobecksen was the former vice president of finance at Waste Management, Inc. (“Waste Management” or “Company). The Judgment permanently bars Tobecksen from acting as an officer or director of a public company and enjoins him from future violations, or aiding and abetting violations, of Sections 10(b), 13(a), 13(b)(2)(A) of the Securities Exchange Act of 1934, Rules 10b-5, 12b-20, 13a-1, 13a-13, and 13b2-1 promulgated thereunder, and Section 17(a) of the Securities Act of 1933. The Judgment also requires Tobecksen to pay disgorgement in the amount of $403,179, prejudgment interest thereon in the amount of $285,980, and a $120,000 civil penalty. Tobecksen consented to the Judgment without admitting or denying the allegations in the Commission’s complaint. The complaint in this action, which was filed on March 26, 2002, charges the founder, Tobecksen, and four other former top officers of Waste Management with perpetrating a massive financial fraud lasting more than five years. The Commission alleges that, beginning in 1992 and continuing into 1997, defendants engaged in a systematic scheme to falsify and misrepresent Waste Management’s financial results with profits being overstated by $1.7 billion. The fraud resulted in what at the time was the largest restatement in history. The Commission’s litigation is continuing as to the five other former executives of Waste Management: [SEC v. Dean Buntrock, et al., Civil Action No. 02-C-2180, N.D. Ill. (Andersen, J.)] (LR-18913; AAE Rel. 2116) SELF-REGULATORY ORGANIZATIONS ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-NASD-2004-144) filed by the National Association of Securities Dealers relating to the listing and trading of the common stock of Theravance, Inc. Publication of the order is expected in the Federal Register during the week of October 4, 2004. (Rel. 34-50468) PROPOSED RULE CHANGE The Options Clearing Corporation filed a proposed rule change (SR-OCC- 2004-11) that would amend OCC’s by-laws pertaining to yield-based Treasury options. Publication of the proposal is expected in the Federal Register during the week of October 4, 2004. (Rel. 34-50466) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-CBOE-2004-61) filed by the Chicago Board Options Exchange relating to reduction of customer transaction fees for options on Exchange-Traded Funds and Holding Company Depositary Receipts 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 October 4, 2004. (Rel. 34-50469) A proposed rule change (SR-PCX-2004-88) filed by the Pacific Exchange amending its Schedule of Fees and Charges for Exchange Services by increasing its Broker Dealer Surcharge 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 October 4, 2004. (Rel. 34-50470) A proposed rule change (SR-Phlx-2004-60) filed by the Philadelphia Stock Exchange relating to its equity options payment for order flow program 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 October 4, 2004. (Rel. 34-50471) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . SB-2 TGC INDUSTRIES INC, 1304 SUMMIT AVE STE 2, PLANO, TX, 75074, 9728811099 - 1,252,064 ($2,141,029.44) Equity, (File 333-119353 - Sep. 29) (BR. 04) S-8 PIONEER NATURAL RESOURCES CO, 900 WILLIAMS SQUARE WEST, 5205 N OCONNOR BLVD, IRVING, TX, 75039, 9724449001 - 0 ($88,771,584.75) Equity, (File 333-119355 - Sep. 29) (BR. 04) S-8 ADVANCED PLANT PHARMACEUTICALS INC, 43 W 33RD STREET, NEW YORK, NY, 10001, 2124027878 - 32,000,000 ($160,000.00) Equity, (File 333-119356 - Sep. 29) (BR. 04) SB-2 Corridor Communications Corp, 3450 HILLVIEW AVENUE, PALO ALTO, CA, 94304, 6508550200 - 671,547,334 ($6,715,473.34) Equity, (File 333-119357 - Sep. 29) (BR. 37) S-8 EMERGENCY FILTRATION PRODUCTS INC/ NV, 175 CASSIA WAY, STE A115, HENDERSON, NV, 89014, 7025585164 - 2,500,000 ($1,125,000.00) Equity, (File 333-119358 - Sep. 29) (BR. 36) SB-2 INTERNATIONAL MICROCOMPUTER SOFTWARE INC /CA/, 100 ROWLAND WAY, SUITE 300, NOVATO, CA, 94945, 4158784000 - 4,542,440 ($4,610,577.60) Equity, (File 333-119359 - Sep. 29) (BR. 03) S-4 LA QUINTA CORP, 909 HIDDEN RIDGE, STE 600, IRVING, TX, 75038, 2144926600 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-119360 - Sep. 29) (BR. 08) N-2 COHEN & STEERS QUALITY INCOME REALTY FUND INC, 757 THIRD AVENUE 20TH FLOOR, NEW YORK, NY, 10017, 2124469155 - 40 ($1,000,000.00) Equity, (File 333-119361 - Sep. 29) (BR. 22) S-8 CB RICHARD ELLIS GROUP INC, 865 SOUTH FIGUEROA STREET, SUITE 3400, LOS ANGELES, CA, 90071, 2136133225 - 0 ($40,000,000.00) Other, (File 333-119362 - Sep. 29) (BR. 08) S-1 AUTOCAM CORP/MI, 4070 EAST PARIS AVE, KENTWOOD, MI, 49512, 6166980707 - 0 ($1.00) Non-Convertible Debt, (File 333-119363 - Sep. 29) (BR. 05) S-8 CHAD THERAPEUTICS INC, 21622 PLUMMER STREET, CHATSWORTH, CA, 91311, 8188820883 - 750,000 ($3,112,500.00) Equity, (File 333-119365 - Sep. 29) (BR. 36) SB-2 COMMON HORIZONS INC, 5,500,000 ($550,000.00) Equity, (File 333-119366 - Sep. 29) (BR. ) S-8 SUN HYDRAULICS CORP, 1500 WEST UNIVERSITY PKWY, SARASOTA, FL, 34243, 9413621200 - 80,000 ($1,001,600.00) Equity, (File 333-119367 - Sep. 29) (BR. 06) S-8 HAIGHTS CROSS COMMUNICATIONS INC, 10 NEW KING STREET, SUITE 110, WHITE PLAINS, NY, 10604, 9142899400 - 0 ($5,136,000.00) Equity, (File 333-119368 - Sep. 29) (BR. 05) S-8 WILSHIRE OIL CO OF TEXAS, 921 BERGEN AVE, JERSEY CITY, NJ, 07306-4204, 2014202796 - 750,000 ($3,731,250.00) Equity, (File 333-119370 - Sep. 29) (BR. 08) S-3 CUBIST PHARMACEUTICALS INC, 65 HAYDEN AVENUE, LEXINGTON, MA, 02421, 781-860-8660 - 0 ($100,000,000.00) Equity, (File 333-119371 - Sep. 29) (BR. 01) S-8 AMERICA SERVICE GROUP INC /DE, 105 WESTPARK DR, STE 200, BRENTWOOD, TN, 37027, 6153761317 - 849,774 ($31,437,389.13) Equity, (File 333-119372 - Sep. 29) (BR. 01) S-8 AMERICASBANK CORP, 500 YORK RD, TOWSON, MD, 21204, 4108255580 - 1,283,121 ($2,489,255.00) Equity, (File 333-119373 - Sep. 29) (BR. 07) S-3 MATRIXONE INC, 210 LITTLETON ROAD, WESTFORD, MA, 01886, 978-589-4000 - 2,303,745 ($10,977,344.93) Equity, (File 333-119374 - Sep. 29) (BR. 03) S-8 KONINKLIJKE PHILIPS ELECTRONICS NV, BREITNER CENTER, AMSTELPLEIN 2, AMSTERDAM, P7, 1096 BC, 31 20 59 77777 - 0 ($252,780,000.00) Equity, (File 333-119375 - Sep. 29) (BR. 36) S-3 KERYX BIOPHARMACEUTICALS INC, 750 LEXINGTON AVENUE, ., NEW YORK, NY, 10022, 212-531-5965 - 0 ($54,850,000.00) Equity, (File 333-119376 - Sep. 29) (BR. 01) S-8 KERYX BIOPHARMACEUTICALS INC, 750 LEXINGTON AVENUE, ., NEW YORK, NY, 10022, 212-531-5965 - 0 ($43,818,050.00) Equity, (File 333-119377 - Sep. 29) (BR. 01) S-8 Google Inc., 1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CA, 94043, 650 623 4000 - 10,000 ($1,182,400.00) Equity, (File 333-119378 - Sep. 29) (BR. 08) S-3 INDYMAC MBS INC, 155 NORTH LAKE AVENUE, PASADENA, CA, 91101, 8006692300 - 2,106,917,005 ($2,106,917,005.00) Asset-Backed Securities, (File 333-119384 - Sep. 29) (BR. 05) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: 1.01 Entry into a Material Definitive Agreement 1.02 Termination of a Material Definitive Agreement 1.03 Bankruptcy or Receivership 2.01 Completion of Acquisition or Disposition of Assets 2.02 Results of Operations and Financial Condition 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off- Balance Sheet Arrangement of a Registrant 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement 2.05 Cost Associated with Exit or Disposal Activities 2.06 Material Impairments 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing 3.02 Unregistered Sales of Equity Securities 3.03 Material Modifications to Rights of Security Holders 4.01 Changes in Registrant’s Certifying Accountant 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review 5.01 Changes in Control of Registrant 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year 5.04 Temporary Suspension of Trading Under Registrant's Employee Benefit Plans 5.05 Amendments to the Registrant’s Code of Ethics, or Waiver of a Provision of the Code of Ethics 7.01 Regulation FD Disclosure 8.01 Other Events 9.01 Financial Statements and Exhibits 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 DATE COMMENT ------------------------------------------------------------------------------------------------ 21ST CENTURY HOLDING CO FL 2.02,9.01 09/27/04 3COM CORP DE 1.01,9.01 09/16/04 AAIPHARMA INC DE 1.01,5.02,9.01 09/27/04 ABFC Asset-Backed Certificates, Serie DE 8.01,9.01 09/27/04 ABN AMRO MORT CORP MULTI CLASS MORT P DE 8.01,9.01 09/27/04 ABN AMRO MORT CORP MULTI CLASS MORT P DE 8.01,9.01 09/27/04 ABN AMRO MORT SEC MULTI CLASS MORT PS DE 8.01,9.01 09/27/04 ABN AMRO MORTGAGE MULTI-CLASS MOR PAS DE 8.01,9.01 09/27/04 ACCERIS COMMUNICATIONS INC FL 4.02,9.01 09/20/04 ACCESS ANYTIME BANCORP INC DE 1.01,8.01 09/23/04 ADAMS RESOURCES & ENERGY INC DE 5.02,9.01 09/27/04 ADDVANTAGE TECHNOLOGIES GROUP INC OK 7.01,9.01 09/29/04 ADVANCE DISPLAY TECHNOLOGIES INC CO 2.01 11/30/03 AMEND ADVANCED MEDICAL OPTICS INC DE 3.02 09/29/04 AGERE SYSTEMS INC DE 2.05,9.01 09/23/04 AIMCO PROPERTIES LP DE 1.01,3.02,8.01 09/24/04 ALLERGAN INC DE 5.02 09/26/04 AMEND ALLETE INC MN 2.03 09/23/04 ALLIANCE BANCSHARES INC GA 5.02 09/22/04 ALLMERICA FINANCIAL CORP DE 7.01 09/28/04 ALPHARMA INC DE 1.01 09/29/04 ALTUS EXPLORATIONS INC NV 3.02,9.01 09/20/04 AMERICA FIRST TAX EXEMPT INVESTORS LP DE 4.01 09/27/04 AMERICA SERVICE GROUP INC /DE DE 8.01,9.01 09/29/04 AMERICAN CAMPUS COMMUNITIES INC MD 1.01 09/24/04 AMERICAN GREETINGS CORP OH 2.02,9.01 09/29/04 AMERICAN INTERNATIONAL GROUP INC DE 7.01 09/29/04 AMERICAN SCIENCE & ENGINEERING INC MA 3.01,9.01 09/29/04 AMERICAN SKIING CO /ME DE 1.01 09/29/04 AMERIQUEST MORTGAGE SECURITIES INC AS DE 8.01 09/27/04 AMF BOWLING WORLDWIDE INC DE 1.01 09/24/04 AMN HEALTHCARE SERVICES INC DE 5.02,9.01 09/16/04 AMEND AmNet Mortgage, Inc. MD 3.01,9.01 09/29/04 AMTECH SYSTEMS INC AZ 2.01,9.01 07/01/04 AMEND ANDRESMIN GOLD CORP MT 5.02,8.01,9.01 09/10/04 AMEND ANGELCITI ENTERTAINMENT INC /FL/ NV 2.01 09/23/04 ANIMAS CORP DE 7.01,9.01 09/28/04 APARTMENT INVESTMENT & MANAGEMENT CO MD 1.01,3.02,5.03,8.01 09/24/04 ARCHSTONE SMITH TRUST CO 2.02,7.01,9.01 09/29/04 ARROW INTERNATIONAL INC PA 2.02,9.01 09/29/04 ARTESIAN RESOURCES CORP DE 2.03 09/24/04 ARTISOFT INC DE 1.01,9.01 09/23/04 ASHFORD HOSPITALITY TRUST INC MD 7.01,9.01 09/24/04 ASSET BACKED FUNDING CORP ABFC ASSET DE 8.01,9.01 09/27/04 ATMOS ENERGY CORP TX 1.01,2.03,9.01 09/24/04 AVALON DIGITAL MARKETING SYSTEMS INC NV 8.01,9.01 09/29/04 AVATECH SOLUTIONS INC DE 2.02,9.01 09/29/04 AVERY DENNISON CORPORATION DE 5.02,5.03,9.01 09/29/04 AZCO MINING INC DE 4.01 09/23/04 BANC OF AMERICA ALTERNATIVE LOAN TRUS DE 8.01,9.01 09/27/04 BANC OF AMERICA ALTERNATIVE LOAN TRUS NY 8.01,9.01 09/27/04 BANC OF AMERICA MORT SEC INC MORT PS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC ALTERNAT DE 8.01,9.01 09/27/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANC OF AMERICA MORTGAGE PASS-THROUGH DE 8.01,9.01 09/25/04 BANC OF AMERICA MORTGAGE SEC INC MRT DE 8.01,9.01 09/25/04 BANC OF AMERICA MORTGAGE SECURITIES I DE 8.01,9.01 09/25/04 BANC OF AMERICA MORTGAGE SECURITIES S DE 8.01,9.01 09/25/04 BANCSHARES OF FLORIDA INC FL 7.01,9.01 09/29/04 BANCSHARES OF FLORIDA INC FL 1.02,7.01,9.01 09/28/04 BANK OF AMERICA MORT SEC INC MORT PAS DE 8.01,9.01 09/25/04 BANKNORTH GROUP INC/ME ME 8.01,9.01 09/29/04 BASIC EARTH SCIENCE SYSTEMS INC DE 8.01,9.01 09/28/04 BAY VIEW CAPITAL CORP DE 4.01 09/23/04 BEAR LAKE RECREATION INC NV 5.01 09/28/04 BEAR STEARNS COMMERCIAL MORTGAGE SECU DE 8.01,9.01 09/27/04 BEHRINGER HARVARD SHORT TERM OPPORTUN TX 9.01 09/29/04 AMEND BELO CORP DE 7.01,9.01 09/29/04 BIG LOTS INC OH 7.01,9.01 09/29/04 BIOGEN IDEC INC DE 1.01,9.01 09/24/04 BLACK & DECKER CORP MD 7.01,9.01 09/28/04 BONTEX INC VA 4.01,9.01 09/28/04 BRAVO FOODS INTERNATIONAL CORP DE 1.01,7.01 09/21/04 BUCA INC /MN MN 1.01,9.01 09/24/04 BUNGE LTD 8.01,9.01 09/28/04 BUSINESSWAY INTERNATIONAL CORP FL 1.01,3.03,5.03,7.01,9.01 09/24/04 BUTLER INTERNATIONAL INC /MD/ MD 5.02 09/23/04 CAESARS ENTERTAINMENT INC DE 1.01 09/29/04 CALIFORNIA COASTAL COMMUNITIES INC DE 8.01,9.01 09/24/04 CAPITAL ONE AUTO RECEIVABLES LLC DE 8.01,9.01 09/27/04 CAREER EDUCATION CORP DE 7.01,9.01 09/28/04 CATERPILLAR FINANCIAL SERVICES CORP DE 2.03,9.01 09/23/04 CATERPILLAR INC DE 2.03 09/23/04 CENDANT CORP DE 1.01,7.01,9.01 09/29/04 CENTERPOINT ENERGY INC 7.01,9.01 09/29/04 CENTERPOINT PROPERTIES TRUST MD 5.02,9.01 09/27/04 CENTEX HOME EQUITY LOAN TRUST 2004-A DE 8.01,9.01 09/27/04 Centex Home Equity Loan Trust 2004-C DE 8.01,9.01 09/27/04 CENTRAL PARKING CORP TN 2.02,9.01 09/28/04 CENTURION GOLD HOLDINGS INC FL 8.01,9.01 09/23/04 CHARLES & COLVARD LTD NC 7.01 09/29/04 CHARTER COMMUNICATIONS INC /MO/ DE 5.02 09/24/04 CHEC FUNDING LLC CENTEX HOME EQUITY L DE 8.01,9.01 09/27/04 CHEC LOAN TRUST 2004-1 DE 8.01,9.01 09/27/04 CHESAPEAKE ENERGY CORP OK 5.03 09/23/04 AMEND CHRISTOPHER & BANKS CORP DE 7.01,8.01,9.01 09/28/04 CIVITAS BANKGROUP INC TN 5.05 09/23/04 CLICKNSETTLE COM INC DE 2.02 09/29/04 COGNOS INC CA 8.01 09/29/04 COMMERCE ONE INC / DE/ DE 8.01,9.01 09/28/04 COMMERCIAL METALS CO DE 1.01,9.01 09/24/04 COMPETITIVE TECHNOLOGIES INC DE 1.01,9.01 09/27/04 CONOCOPHILLIPS DE 7.01,9.01 09/29/04 CONSOLIDATED FREIGHTWAYS CORP DE 8.01 09/28/04 COURIER CORP MA 5.02 09/23/04 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE 8.01,9.01 09/27/04 CRITICARE SYSTEMS INC /DE/ DE 5.02 09/24/04 CRYSTALIX GROUP INTERNATIONAL INC NV 1.01,3.02,9.01 09/23/04 CWABS INC DE 8.01,9.01 09/29/04 CWABS INC DE 8.01,9.01 09/27/04 CWABS INC DE 8.01,9.01 09/27/04 CWABS INC DE 8.01 09/27/04 CWABS INC DE 8.01,9.01 09/29/04 CWABS INC DE 8.01,9.01 09/27/04 CWABS INC DE 8.01,9.01 09/29/04 CWALT INC 9.01 09/29/04 CWMBS INC DE 9.01 09/29/04 CWMBS INC DE 9.01 09/29/04 CWMBS INC DE 9.01 09/29/04 CWMBS INC DE 8.01,9.01 09/27/04 CYBERLUX CORP NV 1.01,2.03,3.02,9.01 09/23/04 CYTOGEN CORP DE 8.01,9.01 09/27/04 DARDEN RESTAURANTS INC FL 8.01,9.01 09/28/04 DELPHI CORP DE 8.01 09/29/04 DELUXE CORP MN 8.01,9.01 09/28/04 DIGITAL RECORDERS INC NC 7.01,9.01 09/29/04 DIOMED HOLDINGS INC NV 3.02,9.01 09/29/04 DOTRONIX INC MN 1.01,2.03,9.01 09/27/04 DYNTEK INC DE 2.02,9.01 09/28/04 EMISPHERE TECHNOLOGIES INC DE 1.01 09/23/04 EMISPHERE TECHNOLOGIES INC DE 1.01 09/23/04 ENDO PHARMACEUTICALS HOLDINGS INC DE 7.01,9.01 09/29/04 ENDWAVE CORP DE 3.01 09/23/04 ENESCO GROUP INC IL 5.02 09/28/04 ENNIS, INC. TX 2.02,7.01,9.01 09/27/04 ENZON PHARMACEUTICALS INC DE 5.02,9.01 09/29/04 ERF Wireless, Inc. NV 4.01,9.01 08/19/04 AMEND ESSEX PROPERTY TRUST INC MD 8.01 09/29/04 EVERGREEN RESOURCES INC CO 2.01,3.01,5.01,9.01 09/28/04 EXELON CORP PA 7.01 09/29/04 EXELON CORP PA 8.01 09/29/04 EXPLORATION CO OF DELAWARE INC DE 7.01,9.01 09/24/04 FARMER MAC MORTGAGE SECURITIES CORP DE 8.01,9.01 09/29/04 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1.01,9.01 09/27/04 FELCOR LODGING L P DE 8.01,9.01 09/08/04 AMEND FIRST NIAGARA FINANCIAL GROUP INC DE 5.03,8.01,9.01 09/28/04 FNB BANCORP/CA/ 8.01,9.01 09/28/04 FONEFRIEND INC DE 5.02 09/07/04 FOOTSTAR INC DE 8.01,9.01 09/29/04 FOUR OAKS FINCORP INC NC 1.01,9.01 09/27/04 GARTNER INC DE 1.01,5.02,9.01 09/27/04 GENERAL EMPLOYMENT ENTERPRISES INC IL 1.01 09/27/04 GEXA CORP TX 5.02,9.01 09/29/04 GLOBAL SIGNAL INC DE 1.01,9.01 09/29/04 GMAC EDUCATION LOAN FUNDING TRUST I DE 8.01,9.01 09/11/04 GMAC Mortgage Pass-Through Certificat DE 8.01,9.01 09/25/04 GMACM Mortgage Pass-Through Certifica DE 8.01,9.01 09/25/04 GOLDEN TELECOM INC DE 7.01,9.01 09/29/04 GOLDTECH MINING CORP DE 8.01 09/29/04 GRAFTECH INTERNATIONAL LTD DE 5.02,7.01,9.01 09/27/04 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01 09/29/04 GRAPHIC PACKAGING CORP DE 5.02 09/23/04 GREAT WESTERN LAND RECREATION INC NV 8.01 09/29/04 GREER BANCSHARES INC SC 1.01,9.01 09/23/04 GS MORTGAGE SECURITIES CORP DE 8.01,9.01 09/27/04 GS MORTGAGE SECURITIES CORP DE 8.01,9.01 09/27/04 HARLEYSVILLE NATIONAL CORP PA 8.01,9.01 09/29/04 HARRIS CORP /DE/ DE 7.01 09/29/04 HARTMARX CORP/DE DE 2.02,9.01 09/29/04 HEMAGEN DIAGNOSTICS INC DE 8.01 09/28/04 HERCULES INC DE 5.02 09/27/04 HEXCEL CORP /DE/ DE 1.01,9.01 09/23/04 HFC REVOLVING CORP HOUSEHOLD HOME EQ DE 9.01 09/20/04 HFC REVOLVING CORP HOUSEHOLD HOME EQU DE 9.01 09/20/04 HFC REVOLVING CORP HOUSEHOLD HOME EQU DE 9.01 09/20/04 HFC REVOLVING CORP HOUSEHOLD HOME EQU DE 9.01 09/20/04 HFC REVOLVING CORP HOUSEHOLD HOME EQU DE 9.01 09/20/04 HOME EQUITY MORTGAGE PASS-THROUGH CER DE 8.01,9.01 09/27/04 HOME EQUITY MORTGAGE PASS-THROUGH CER DE 8.01,9.01 09/27/04 HOME EQUITY MORTGAGE PASS-THROUGH CER DE 8.01,9.01 09/27/04 HONDA AUTO REC 2003-3 OWNER TRUST DE 8.01,9.01 09/21/04 HONDA AUTO REC 2003-4 OWNER TRUST DE 8.01,9.01 09/15/04 HONDA AUTO REC 2003-5 OWNER TRUST DE 8.01,9.01 09/20/04 HONDA AUTO RECEIVABLES 2001-3 OWNER T DE 8.01,9.01 09/20/04 HONDA AUTO RECEIVABLES 2002-1 OWNER T 8.01,9.01 09/15/04 HONDA AUTO RECEIVABLES 2002-2 OWNER T 8.01,9.01 09/15/04 HONDA AUTO RECEIVABLES 2002-3 OWNER T 8.01,9.01 09/20/04 HONDA AUTO RECEIVABLES 2002-4 OWNER T 8.01,9.01 09/15/04 HONDA AUTO RECEIVABLES 2003-1 OWNER T 8.01,9.01 09/20/04 HONDA AUTO RECEIVABLES 2004-1 OWNER T DE 8.01,9.01 09/21/04 Honda Auto Receivables 2004-2 Owner T CA 8.01,9.01 09/15/04 HONDA RECEIVABLES CORP AUTO REC 2003 DE 8.01,9.01 09/21/04 HOUSEHOLD AFFINITY CREDIT CARD MASTER DE 9.01 09/15/04 HOUSEHOLD AUTO RECEIVABLES CORP ASSET NV 9.01 09/17/04 HOUSEHOLD AUTO RECEIVABLES CORP SERIE NV 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST 2001-1 DE 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST 2001-3 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST 2002-1 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST 2003-1 NV 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST 2003-2 NV 9.01 09/17/04 Household Automotive Trust 2004-1 NV 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST SERIES 200 DE 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST V SERIES 2 DE 9.01 09/17/04 HOUSEHOLD AUTOMOTIVE TRUST VI SERIES NV 9.01 09/17/04 HOUSEHOLD CREDIT CARD MASTER NOTE TRU DE 9.01 09/15/04 HOUSEHOLD HOME EQUITY LOAN TRUST 1999 DE 9.01 09/20/04 HOUSEHOLD HOME EQUITY LOAN TRUST 2002 9.01 09/20/04 HOUSEHOLD HOME EQUITY LOAN TRUST 2002 DE 9.01 09/20/04 HOUSEHOLD MORTGAGE LOAN TRUST 2002 HC 9.01 09/20/04 HOUSEHOLD MORTGAGE LOAN TRUST 2003-HC DE 9.01 09/20/04 HOUSEHOLD MORTGAGE LOAN TRUST 2003-HC DE 9.01 09/20/04 Household Mortgage Loan Trust 2004-HC DE 9.01 09/20/04 HOUSEHOLD PRIVATE LABEL CREDIT CARD M DE 9.01 09/15/04 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE 9.01 09/20/04 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE 9.01 09/20/04 HUAYANG INTERNATIONAL HOLDINGS INC NV 5.02 09/29/04 HUDSON RIVER BANCORP INC DE 9.01 09/29/04 HUDSON UNITED BANCORP NJ 1.01,9.01 09/23/04 HUMANA INC DE 1.01,5.02 09/29/04 IMAGING DIAGNOSTIC SYSTEMS INC /FL/ FL 8.01 09/28/04 IMMUCOR INC GA 2.02 08/31/04 IMPAC MEDICAL SYSTEMS INC 4.01,4.02,8.01,9.01 09/23/04 INDEPENDENT BANK CORP MI 8.01 09/29/04 INDYMAC MBS INC 9.01 09/29/04 INDYMAC MBS INC RESIDENTIAL ASSET SEC 8.01 09/27/04 INDYMAC MBS INC RESIDENTIAL ASSET SEC 8.01 09/27/04 INTEGRATED ELECTRICAL SERVICES INC DE 1.01,5.02,7.01,9.01 09/29/04 INTERMAGNETICS GENERAL CORP NY 2.01,9.01 07/16/04 AMEND INTERNATIONAL BUSINESS MACHINES CORP NY 8.01 09/29/04 Interstar Millennium Series 2004-2G T 8.01,9.01 09/14/04 INVESTORS FINANCIAL SERVICES CORP DE 7.01 09/28/04 J P MORGAN CHASE & CO DE 9.01 09/16/04 JACLYN INC DE 2.02,9.01 09/28/04 KFX INC DE 7.01,9.01 09/29/04 LA QUINTA CORP DE 5.02,8.01 09/28/04 LASER MASTER INTERNATIONAL INC NY 1.01 09/23/04 LEHMAN ABS CORP DE 8.01,9.01 09/29/04 LEHMAN ABS CORP DE 8.01,9.01 09/28/04 AMEND LEHMAN ABS CORP BACKED TRUST CERTS SE DE 8.01,9.01 09/15/04 LEHMAN ABS CORP BACKED TRUST CERTS SE DE 8.01,9.01 09/15/04 LEHMAN ABS CORP BCKD TR CERTS AT&T NT DE 8.01,9.01 09/15/04 LEHMAN ABS CORP BCKD TR CERTS ROY CAR DE 8.01,9.01 09/15/04 LEHMAN ABS CORP BCKD TR CRTS GDYR TR DE 8.01,9.01 09/15/04 LIGAND PHARMACEUTICALS INC DE 4.01 09/27/04 LIPID SCIENCES INC/ AZ 5.02 09/23/04 LITERARY PLAYPEN INC DE 1.01,2.01,2.02,3.02,5.01,8.01 09/22/04 LNR PROPERTY CORP DE 2.02,9.01 09/28/04 LUBRIZOL CORP OH 2.03,8.01,9.01 09/28/04 MAGNUM HUNTER RESOURCES INC NV 5.02 09/28/04 MARCONI CORP PLC X0 8.01 09/29/04 MARKETWATCH INC DE 1.01,5.02,9.01 09/23/04 MATRIXONE INC DE 2.01,9.01 08/04/04 AMEND MAUI LAND & PINEAPPLE CO INC HI 5.02 09/29/04 MCCORMICK & CO INC MD 2.02 09/29/04 MECHANICAL TECHNOLOGY INC NY 3.01 09/24/04 Medeorex Inc NY 5.03,8.01,9.01 09/23/04 MEDIABAY INC FL 3.01 09/27/04 MERRILL LYNCH & CO INC DE 8.01,9.01 09/28/04 MERRILL LYNCH & CO INC DE 8.01,9.01 09/28/04 MERRILL LYNCH & CO INC DE 8.01,9.01 09/29/04 MERRILL LYNCH MORTGAGE INVESTORS INC DE 8.01,9.01 09/27/04 MICRON TECHNOLOGY INC DE 2.02,9.01 09/29/04 MIDWEST BANC HOLDINGS INC DE 5.02 09/28/04 MILE MARKER INTERNATIONAL INC FL 1.01 09/29/04 MILLER HERMAN INC MI 1.01,9.01 09/29/04 MIRACOR DIAGNOSTICS INC UT 5.02 09/28/04 MISSISSIPPI CHEMICAL CORP /MS/ MS 8.01,9.01 06/30/04 ML LEE ACQUISITION FUND II L P DE 8.01 09/29/04 ML LEE ACQUISITION FUND RETIREMENT AC DE 8.01 09/29/04 MOBILE MINI INC DE 7.01,9.01 09/29/04 MONMOUTH CAPITAL CORP NJ 5.02 09/28/04 MORGAN STANLEY DEAN WITTER CAPITAL I DE 8.01,9.01 09/28/04 MPHASE TECHNOLOGIES INC NJ 8.01 09/28/04 MSC MORTGAGE PASS THROUGH CERTIFICATE DE 8.01,9.01 09/27/04 MSC SOFTWARE CORP DE 1.01 09/23/04 MUELLER INDUSTRIES INC DE 8.01,9.01 09/28/04 MUELLER INDUSTRIES INC DE 2.03,9.01 09/27/04 MULTI-CLASS MORTGAGE PASS-THROUGH CER DE 8.01,9.01 09/27/04 MYOGEN INC DE 1.01,3.02,8.01,9.01 09/24/04 NanoSignal CORP NV 8.01 09/28/04 NAVARRE CORP /MN/ MN 8.01,9.01 09/28/04 NAVISTAR FINANCIAL DEALER NOTE MASTER 8.01 08/31/04 NAVISTAR FINANCIAL DEALER NOTE MASTER DE 8.01 08/31/04 NEOGEN CORP MI 2.02,9.01 09/29/04 NEWPOWER HOLDINGS INC DE 8.01,9.01 09/28/04 NEXTEL PARTNERS INC DE 7.01,9.01 09/28/04 NL INDUSTRIES INC NJ 1.01,2.01,7.01,9.01 09/24/04 NORTHEAST UTILITIES SYSTEM MA 7.01,9.01 09/29/04 NORTHLAND CRANBERRIES INC /WI/ WI 1.01,2.01,9.01 09/23/04 NOVA BIOGENETICS INC DE 4.01,9.01 08/13/04 AMEND OMI CORP/M I 8.01,9.01 09/29/04 ORAGENICS INC FL 7.01,9.01 09/29/04 ORBITZ INC DE 1.01,9.01 09/29/04 ORION POWER HOLDINGS INC 2.01,9.01 09/28/04 PACEL CORP VA 8.01,9.01 09/29/04 PARALLEL PETROLEUM CORP DE 1.01,9.01 09/23/04 Park Place Securities, Inc. Asset-Bac DE 8.01,9.01 09/10/04 Park Place Securities, Inc. Asset-Bac DE 9.01 09/10/04 Park Place Securities, Inc. Asset-Bac DE 2.01,9.01 09/10/04 PATTERSON COMPANIES, INC. MN 1.01,8.01,9.01 09/14/04 AMEND PDI INC 5.02,9.01 09/21/04 PEDIATRIX MEDICAL GROUP INC FL 7.01,8.01,9.01 09/28/04 PENN AMERICA GROUP INC PA 7.01,9.01 09/29/04 PENNFED FINANCIAL SERVICES INC DE 8.01,9.01 09/29/04 PRAECIS PHARMACEUTICALS INC DE 7.01 09/29/04 PRIMUS KNOWLEDGE SOLUTIONS INC WA 1.01 09/28/04 PRINCIPAL LIFE INSURANCE CO IA 9.01 09/24/04 PRINCIPAL LIFE INSURANCE CO IA 9.01 09/24/04 PXRE GROUP LTD 7.01,9.01 09/28/04 R-TEC HOLDING INC IA 8.01 09/22/04 RALCORP HOLDINGS INC /MO MO 1.01,9.01 09/23/04 RALCORP HOLDINGS INC /MO MO 1.01,9.01 09/23/04 RED HAT INC DE 8.01,9.01 09/29/04 RELIANT ENERGY INC DE 2.01,9.01 09/28/04 RENAISSANCERE HOLDINGS LTD 8.01,9.01 09/29/04 RESIDENTIAL ASSET MORTGAGE PRODUCTS G DE 8.01,9.01 09/25/04 RESIDENTIAL FUNDING MORTGAGE SECURITI DE 8.01,9.01 09/29/04 RESOURCES CONNECTION INC DE 2.02,9.01 09/29/04 RITA MEDICAL SYSTEMS INC DE 8.01 09/29/04 RIVIERA HOLDINGS CORP NV 8.01,9.01 09/29/04 ROBOCOM SYSTEMS INTERNATIONAL INC NY 1.01,5.05,9.01 09/24/04 Roebling Financial Corp, Inc. NJ 7.01,9.01 09/29/04 Roebling Financial Corp, Inc. NJ 7.01,9.01 09/29/04 AMEND SAKS CREDIT CARD MASTER TRUST NV 9.01 09/15/04 SALON MEDIA GROUP INC DE 5.02 09/23/04 SANDY SPRING BANCORP INC MD 2.02,7.01,9.01 09/29/04 SCANSOFT INC DE 1.01,5.02,9.01 09/24/04 Sealy Mattress CORP DE 4.01,9.01 09/23/04 SELIGMAN NEW TECHNOLOGIES FUND INC 8.01 09/28/04 SENESCO TECHNOLOGIES INC DE 7.01,9.01 09/29/04 SPAR GROUP INC DE 3.01,9.01 09/28/04 SPRINT CORP KS 5.02,9.01 09/28/04 ST JUDE MEDICAL INC MN 2.05 09/23/04 ST JUDE MEDICAL INC MN 1.01,9.01 09/23/04 STAAR SURGICAL CO DE 5.02,8.01 09/23/04 STANDEX INTERNATIONAL CORP/DE/ DE 1.01 09/28/04 STAR SCIENTIFIC INC DE 1.01,8.01,9.01 09/25/04 STEELCLOUD INC VA 1.02,9.01 09/28/04 STELLAR TECHNOLOGIES, INC. CO 9.01 07/14/04 AMEND STRATS SM TRUST FOR DAIMLERCHRYSLER N 8.01,9.01 09/15/04 STRATS SM TRUST FOR GOLDMAN SACHS GRO 8.01,9.01 09/15/04 Structured Adjustable Rate Mortgage L DE 8.01,9.01 09/25/04 STRUCTURED ASSET MORTGAGE INVESTMENTS DE 8.01 09/29/04 STRUCTURED ASSET SEC CORP MORT PASS T DE 8.01,9.01 09/25/04 STRUCTURED ASSET SECURITIES CORP DE 8.01 09/28/04 STRUCTURED ASSET SECURITIES CORP DE 8.01 09/29/04 SUN BANCORP INC PA 5.02,9.01 09/28/04 SYNNEX CORP DE 2.02,9.01 09/29/04 TEAM INC TX 8.01,9.01 09/29/04 TEREX CORP DE 8.01 09/29/04 TIMELINE INC WA 1.01,2.01,9.01 09/23/04 TIVO INC DE 5.02 09/23/04 TRACTOR SUPPLY CO /DE/ DE 2.02,7.01 09/29/04 TRAMMELL CROW CO DE 1.01,9.01 09/28/04 TRANSACTION SYSTEMS ARCHITECTS INC DE 1.01,9.01 09/24/04 TS&B HOLDINGS INC 2.02,9.01 09/20/04 UCAP INC CO 8.01 09/24/04 UIL HOLDINGS CORP CT 8.01,9.01 09/29/04 ULTIMATE ELECTRONICS INC DE 7.01 09/28/04 UNITED DOMINION REALTY TRUST INC MD 8.01,9.01 09/28/04 UNOCAL CORP DE 8.01,9.01 09/27/04 US LEC CORP DE 1.01 09/23/04 US UNWIRED INC LA 8.01,9.01 09/23/04 USA TECHNOLOGIES INC PA 8.01,9.01 07/13/04 V ONE CORP/ DE DE 1.02,9.01 09/28/04 VALENCE TECHNOLOGY INC DE 8.01,9.01 09/28/04 VALENTIS INC DE 8.01,9.01 09/29/04 VALHI INC /DE/ DE 1.01,2.01,7.01,9.01 09/24/04 Valley Bancorp NV 8.01,9.01 09/28/04 VARSITY GROUP INC 8.01 09/28/04 VERMONT PURE HOLDINGS LTD/DE DE 5.02 09/23/04 VIRGINIA FINANCIAL GROUP INC VA 7.01,9.01 09/28/04 VITAL LIVING INC AZ 5.02 09/23/04 WABASH NATIONAL CORP /DE DE 7.01 09/29/04 WALGREEN CO IL 2.02,9.01 09/27/04 WAMU MORTAGE PASS THRU CERT SER 2003- DE 8.01,9.01 09/27/04 WAMU MORTAGE PASS THRU CERT SERIES 20 DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THR CERTS SER 2003 DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CER SER 20 DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERT SER 2 DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SER DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SER DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SER DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SER DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SERI DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS THROUGH CERTS SERI DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WAMU Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THROUGH CERTIFICAT DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WaMu Mortgage Pass-Through Certificat DE 8.01,9.01 09/27/04 WAMU MORTGAGE PASS-THRU CERT SERIES 2 DE 8.01,9.01 09/27/04 WASHINGTON FEDERAL INC WA 8.01 08/29/04 WASHINGTON MUTUAL MORT SEC CORP MOR P DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP PAS T DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP PASS DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP WAMU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP WAMU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP WAMU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP WAMU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORT SEC CORP WAMU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORTGAGE SEC CORP P DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MORTGAGE SECURITIES DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PA THR CER DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THR C DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THR C DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THR C DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THROU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THROU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THRU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORT PASS THRU DE 8.01,9.01 09/27/04 WASHINGTON MUTUAL MSC MORTGAGE PASS-T DE 8.01,9.01 09/27/04 Washington Mutual MSC Mortgage Pass-T DE 8.01,9.01 09/27/04 Washington Mutual MSC Mortgage Pass-T DE 8.01,9.01 09/27/04 WASTE CONNECTIONS INC/DE DE 5.02 09/29/04 AMEND WEBB INTERACTIVE SERVICES INC CO 5.02 09/23/04 WEIS MARKETS INC PA 4.01 09/29/04 WENDYS INTERNATIONAL INC OH 7.01,9.01 09/29/04 WESTINGHOUSE AIR BRAKE TECHNOLOGIES C DE 1.01,9.01 09/23/04 WILLIAMS COMPANIES INC DE 8.01 09/21/04 WINDROSE MEDICAL PROPERTIES TRUST MD 8.01,9.01 09/27/04 WODFI LLC FL 8.01 08/01/04 WORLD OMNI AUTO RECEIVABLES LLC DE 8.01 09/23/04 World Omni Auto Receivables Trust 200 DE 8.01 07/01/04 World Omni Auto Receivables Trust 200 DE 8.01 08/01/04 XCYTE THERAPIES INC WA 2.03 09/24/04 XSTREAM BEVERAGE GROUP INC NV 9.01 03/30/04 AMEND ZONAGEN INC DE 7.01,9.01 09/29/04 ZONES INC WA 1.01,1.02,2.03,9.01 09/27/04