SEC NEWS DIGEST Issue 2003-98 May 22, 2003 COMMISSION ANNOUNCEMENTS COMMISSION MEETING CLOSED MEETING - WEDNESDAY, MAY 21, 2003 The following item was added the Closed Meeting of Wednesday, May 21, 2003: Litigation matter. SEC UNANIMOUSLY APPROVES WILLIAM J. MCDONOUGH AS CHAIRMAN OF PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD On May 21, the Commission announced that it had considered the results of the completed background investigation and unanimously approved the appointment of William J. McDonough to be Chairman of the Public Company Accounting Oversight Board. Mr. McDonough will officially assume the position of Chairman on June 11, 2003. "The accounting profession, corporate America and American investors will be well served by Bill McDonough's dedication and strong leadership as he and the other members of the PCAOB work to promote integrity, honesty, and transparency throughout American business," said William H. Donaldson, Chairman of the Securities and Exchange Commission. The Chairman went on to say, "I am pleased that the selection process outlined by the Commission has reached such a successful conclusion, and I look forward to Mr. McDonough's first day on the job." "I am well aware of the great challenges facing the PCAOB to help restore confidence in the public accounting of American corporations, and I have no doubt of our ability to work successfully to achieve our goal. I am very much looking forward to getting started next month," said Mr. McDonough. Today's action marks the completion of the selection process outlined and announced by the Commission on March 4, 2003. Mr. McDonough's nomination was first announced by the Commission on April 15, 2003. Mr. McDonough is currently the President of the Federal Reserve Bank of New York, a post he has held since 1993. In that capacity, he serves as the vice chairman and a permanent member of the Federal Open Market Committee. Prior to joining the Federal Reserve, Mr. McDonough had spent 22 years at First Chicago Corp. and its bank, First National Bank of Chicago. (Press Rel. 2003-63) SEC TO LEAVE HEDGE FUND COMMENT PERIOD OPEN Following its successful two-day Hedge Fund Roundtable, held in Washington, D.C., on May 14 and 15, the Commission announced on May 22 that it will leave the public record open for approximately 45 more days, until July 7, 2003. The Roundtable was a part of the SEC's formal fact-finding investigation of the hedge fund industry, which was launched in the spring of 2002. The Roundtable covered a number of topics, including: (1) the structure, operation and compliance activities of hedge funds; (2) marketing issues; (3) investor protection issues; (4) the current regulatory scheme; and (5) whether additional regulation is warranted. As part of that effort, the Commission sought public input on the hedge fund industry. "It is essential that the Commission have the benefit of all relevant information about the hedge fund industry, including the perspectives of those who were not among the many knowledgeable experts at last week's Roundtable. Therefore, I have asked that the period for public comment be extended to July 7, allowing for all interested parties to express their views," said William H. Donaldson, Chairman of the Securities and Exchange Commission. Members of the public may submit relevant materials to be included in the public record by sending them electronically to hedgefunds@sec.gov or submitting them in hard copy to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-0609. All submissions should refer to File No. 4-476. Copies of submitted materials are available by contacting the Commission's Public Reference Room, 450 Fifth Street, N.W., Washington, DC 20549. The archived Webcast of the Roundtable can be accessed at http://www.sec.gov. For additional information, please contact Herb Perone or John Heine at 202-942-0020. (Press Rel. 2003-64) ENFORCEMENT PROCEEDINGS COMMISSION FINDS PRICEWATERHOUSECOOPERS LLP ENGAGED IN IMPROPER PROFESSIONAL CONDUCT On May 22, the Commission instituted a settled administrative proceeding against PricewaterhouseCoopers LLP (PwC) for improper professional conduct in connection with the audit of SmarTalk TeleServices, Inc.'s (SmarTalk) year-end 1997 financial statements. As described in the Commission's Order, SmarTalk, a now-bankrupt provider of prepaid telephone cards and wireless services, filed with the Commission an annual report on Form 10-K, which it later restated, that contained materially false and misleading financial statements. Those financial statements were audited by PwC. The Commission found that PwC, through Philip Hirsch, formerly with PwC and the engagement partner on the audit, failed to comply with Generally Accepted Auditing Standards (GAAS) in the conduct of its audit. In addition, the Commission found that in late-July 1998, after the audit was completed and after Hirsch left the firm, PwC identified potential issues with SmarTalk's 1997 financial statements and its audit and became aware of a class action shareholder lawsuit alleging accounting fraud against SmarTalk. The Commission found that from the end of July through early August 1998, with the knowledge of several PwC partners with firm-wide responsibility, PwC made revisions to its working papers. The Commission further found that PwC discarded other documents relevant to its audit. The Commission found that PwC and Hirsch failed to adequately audit SmarTalk's establishment of a $25 million restructuring reserve at fiscal year-end 1997, purportedly for anticipated 1998 costs associated with its earlier purchase of six other prepaid telephone card businesses. The Commission found that PwC and Hirsch should have known that the entire restructuring reserve was improper as it did not conform to Generally Accepted Accounting Principles (GAAP) because the anticipated costs were not proper restructuring costs and the company had failed to properly establish a plan of restructuring in conformity with Emerging Issues Task Force Issue No. 94-3, Liability Recognition for Certain Employee Termination Benefits and other Costs to Exit an Activity (including Certain Costs Incurred in a Restructuring). Additionally, the Commission found that SmarTalk improperly understated current period operating expenses by charging 1997 operating expenses against the non-GAAP restructuring reserve and that PwC and Hirsch failed to adequately audit amounts charged against the restructuring reserve at year-end 1997. The Commission censured PwC for engaging in improper professional conduct pursuant to Rule 102(e) of the Commission's Rules of Practice, finding that PwC, through Hirsch in connection with the audit of SmarTalk's 1997 financial statements, engaged in repeated instances of unreasonable conduct, each resulting in a violation of applicable professional standards. The Commission also found that the failures of Hirsch to comply with GAAS in the conduct of the audit bind and are imputed to PwC. Furthermore, the Commission found that it is appropriate to sanction and seek other relief from PwC for the audit failures because PwC made undocumented changes to its 1997 audit working papers and discarded other documents relevant to its audit. PwC, without admitting or denying the Commission's findings, consented to the censure and agreed to pay $1 million. It also agreed to significant remedial undertakings, including establishing and maintaining policies and procedures to preserve working papers intact and retaining an independent consultant to, among other things, review PwC's software system to confirm that it is designed to meet the objectives of those policies and procedures. In addition to the issuance of the Order in this matter, the Commission also instituted a settled administrative proceeding against Hirsch for improper professional conduct under Rule 102(e). Hirsch, without admitting or denying the Commission's findings, consented to an order denying him the privilege of appearing or practicing before the Commission as an accountant, with the right to apply to resume appearing or practicing before the Commission after one year. (Rels. 34-47900; AAER-1787; File No. 3-11132) COMMISSION FINDS PHILIP HIRSCH, FORMERLY AN AUDIT PARTNER AT PRICEWATERHOUSECOOPERS LLP, ENGAGED IN IMPROPER PROFESSIONAL CONDUCT On May 22, the Commission instituted a settled administrative proceeding against Philip G. Hirsch (Hirsch), formerly an audit partner at PricewaterhouseCoopers LLP (PwC), for improper professional conduct in connection with the audit of SmarTalk TeleServices, Inc.'s (SmarTalk) year-end 1997 financial statements. As described in the Commission's Order, SmarTalk, a now-bankrupt provider of prepaid telephone cards and wireless services, filed with the Commission an annual report on Form 10- K, which it later restated, that contained materially false and misleading financial statements. Those financial statements were audited by PwC and Hirsch. The Commission found that Hirsch failed to adequately audit SmarTalk's establishment of a $25 million restructuring reserve at fiscal year-end 1997, purportedly for anticipated 1998 costs associated with its earlier purchase of six other prepaid telephone card businesses. The Commission found that Hirsch should have known that the entire restructuring reserve was improper as it did not conform to Generally Accepted Accounting Principles (GAAP) because the anticipated costs were not proper restructuring costs and the company had failed to properly establish a plan of restructuring in conformity with Emerging Issues Task Force Issue No. 94-3, Liability Recognition for Certain Employee Termination Benefits and other Costs to Exit an Activity (including Certain Costs Incurred in a Restructuring). Additionally, the Commission found that SmarTalk improperly understated current period operating expenses by charging 1997 operating expenses against the non- GAAP restructuring reserve and that Hirsch failed to adequately audit amounts charged against the restructuring reserve at year-end 1997. The Commission found that Hirsch failed to render an accurate audit report when he stated that SmarTalk's financial statements had been prepared in conformity with GAAP and the audit had been performed in accordance with Generally Accepted Auditing Standards (GAAS). In fact, the Commission found that the financial statements were not in conformity with GAAP and the audit was not performed in accordance with GAAS. The Commission found that Hirsch engaged in improper professional conduct pursuant to Rule 102(e) of the Commission's Rules of Practice. Specifically, Hirsch engaged in repeated instances of unreasonable conduct, each resulting in a violation of applicable professional standards. Hirsch, without admitting or denying the Commission's findings, agreed to settle the matter. In the Order, the Commission denied Hirsch the privilege of appearing or practicing before the Commission as an accountant, with the right to apply to resume appearing or practicing before the Commission after one year. In addition to the issuance of the Order against Hirsch, the Commission also instituted a settled administrative proceeding against PwC for improper professional conduct under Rule 102(e). The Commission found that PwC, through Hirsch in connection with the audit of SmarTalk's 1997 financial statements, engaged in improper professional conduct. The Commission also found that in late July and early August 1998, after the audit was completed and after Hirsch left the firm, PwC made undocumented changes to audit working papers and discarded other documents relevant to its audit of SmarTalk. The Commission censured PwC. PwC, without admitting or denying the Commission's findings, agreed to pay $1 million. PwC also agreed to other significant remedial undertakings, including establishing and maintaining policies and procedures to preserve working papers intact and retaining an independent consultant to, among other things, review PwC's software system to confirm that it is designed to meet the objectives of those policies and procedures. (Rels. 34-47901; AAER-1788; File No. 3-11133) FIVE DEFENDANTS SENTENCED TO PRISON IN PRIME BANK CASE The U.S. District Court for the Northern District of Illinois (Eastern Division) has sentenced five defendants to prison terms ranging six years to fifteen and one-half years in connection with convictions arising from their participation in a fraudulent prime bank trading scheme, which had previously been the subject of a Commission action (SEC v. Lennox Investment Group, Ltd., et al., USDC/ND/TX, Fort Worth Division, Civil Action No. 498-CV-536-Y). In December 2002, Frank L. Peitz, Daniel B. Benson, Randall W. Law, Monica Iles, and Robert D. Paladino were each convicted of multiple felonies involving the offer and sale of the fraudulent program through Lennox Investment Group, Ltd., an entity owned and controlled by Law, and the subsequent misappropriation of approximately more than $11 million collected from investors. Peitz, Benson, Law, Iles and Paladino were each convicted of eight counts of wire fraud. Peitz, Benson and Paladino were also convicted of six counts of money laundering and one count of money laundering conspiracy. On April 30, 2003, a federal judge sentenced these defendants to the following prison terms: * Peitz, 40, of Hungary, sentenced to 15 and one-half years; * Benson, 46, of Maple Park, Illinois, sentenced to 15 and one-half years; * Law, 50, of Higley, Arizona, sentenced to seven years; * Iles, 51, of Cincinnati, Ohio, sentenced to six and one-half years; * Paladino, 40, of Elk Grove, Illinois, sentenced to six years. The defendants were also ordered to pay restitution to the victims of the fraudulent scheme. The evidence presented at trial showed that between 1996 and 1998, the five defendants, acting through Lennox and other entities they controlled, sought and obtained funds from individuals by purportedly selling investments in the nonexistent international trading of bank financial instruments. Through Lennox alone, the defendants collected more than $11 million. In the course of the scheme, the defendants made material misstatements and omissions, including the following: (1) investor funds would be used in the international trading of bank instruments; (2) investor funds would be held in an escrow account or collateral of equal value would insure the safety of investor funds; (3) investor principal was guaranteed; (4) investors would receive returns of 122 per cent per week for forty weeks during the one-year term of their investment; and (5) the trading program was regulated and approved by governmental entities such as the Federal Reserve and the International Monetary Fund. In fact, the purported trading program did not exist and investor funds were not used to trade banking instruments. Rather, the defendants systematically disbursed investor funds for the benefit of themselves and their designees. In the criminal proceeding, the Commission staff assisted the United States Attorneys Office by providing documents and sworn testimony obtained during the Commission's investigation and litigation. An attorney with the Commission also testified at the criminal trial. Unscrupulous promoters continue to victimize the public with prime bank schemes. Accordingly, investors are advised to access the Commission's "Prime Bank" Investor Alert that provides tips on how to avoid being a victim of these scams. The investor alert can be found on the Commission's web site, at www.sec.gov/pbank/pbnkhome.htm. [U.S. v. Frank L. Peitz, Daniel B. Benson, Peter A. Loutos, Sr., Robert D. Paladino, Randall W. Law, and Monica M. Iles, Criminal Action No. 01CR0852, N.D. Ill., Eastern Division] (LR-18154) SELF-REGULATORY ORGANIZATIONS DELISTINGS An order has been issued granting the application of the Pacific Exchange to strike from listing and registration certain call and put options .contracts issued by The Options Clearing Corporation, respecting certain underlying securities of the FEI Company, Diagnostic Products Corporation, Hibernia Corporation -Class A, and Kansas City Southern, effective at the opening of business on May 22, 2003. (Rel. 34-47895) An order has been issued granting the application of the Pacific Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation, respecting certain underlying securities of the following companies, effective at the opening of business on May 22: ADC Telecommunications, Inc. Burlington Northern Sante Fe Corp. Brooks Automation, Inc. Cendant Corporation McDermott International, Inc. Knight Trading Group, Inc. Norfolk Southern Corporation NetiQ Corporation Nucor Corporation OSI Pharmaceuticals, Inc. Placer Dome Inc. Protein Design Labs; Inc. Photronics, Inc. Ryder Systems, Inc. Restoration Hardware, Inc. Stone Energy Corporation Talisman Energy, Inc. WorldCom Inc.-WorldCom Group Yum! Brands, Inc. (Rel. 34-47896) WITHDRAWALS An order has been issued granting the application of Laidlaw Global Corporation to withdraw its Common Stock, $.00001 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on May 22. (Rel. 34-47892) An order has been issued granting the application of Bergstrom, Capital Corporation, to withdraw its Common Stock, $1.00 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on May 22. (Rel. 34-47893) 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 NTN COMMUNICATIONS INC, 5966 LA PLACE CT, STE 100, CARLSBAD, CA, 92008, 6194387400 - 5,285,417 ($9,989,438.00) Equity, (File 333-105429 - May. 21) (BR. 37) S-4 EVERGREEN RESOURCES INC, 1401 17TH ST SUITE 1200, DENVER, CO, 80202, 3032988100 - 0 ($25,471,496.00) Equity, (File 333-105430 - May. 21) (BR. 04) S-3 RIGEL PHARMACEUTICALS INC, 240 E GRAND AVE, SOUTH SAN FRANCISCO, CA, 94080, 0 ($10,000,000.00) Equity, (File 333-105431 - May. 21) (BR. 01) S-4 FIRST DATA CORP, 6200 SOUTH QUEBEC ST, GREENWOOD VILLAGE, CO, 80111, 3034888000 - 0 ($8,004,438,570.44) Equity, (File 333-105432 - May. 21) (BR. 07) S-8 IMPERIAL PETROLEUM INC, 100 N.W. 2ND. STREET, SUITE 312, EVANSVILLE, IN, 47708-1242, 812-867-1433 - 750,000 ($142,500.00) Other, (File 333-105433 - May. 21) (BR. 04) S-3 FIRST REPUBLIC PREFERRED CAPITAL CORP, 111 PINE ST, SAN FRANCISCO, CA, 94111, 415-392-1400 - 0 ($100,000,000.00) Equity, (File 333-105434 - May. 21) (BR. 08) S-8 WARWICK COMMUNITY BANCORP INC, 18 OAKLAND AVE, PO BOX 591, WARWICK, NY, 10990-0591, 9149862206 - 200,000 ($6,008,000.00) Equity, (File 333-105436 - May. 21) (BR. 07) S-8 KENTUCKY FIRST BANCORP INC, 306 N MAIN ST, CYNTHIANA, KY, 41031, 6066546961 - 1,389 ($23,613.00) Equity, (File 333-105439 - May. 21) (BR. 07) S-8 RESERVE BANCORP INC, 2000 MT TROY RD, PITTSBURGH, PA, 15212, 4123226107 - 106,050 ($1,791,260.00) Equity, (File 333-105440 - May. 21) (BR. 07) S-8 FNB CORP/NC, 101 SUNSET AVE, P O BOX 1328, ASHEBORO, NC, 27203, 3366268300 - 420,000 ($11,617,200.00) Equity, (File 333-105442 - May. 21) (BR. 07) S-8 BIO STANDARD CORP, 301 CLEMATIS STREET, SUITE 3000, WEST PALM BEACH, FL, 33401, 561-651-7336 - 500,000 ($150,000.00) Equity, (File 333-105443 - May. 21) (BR. 07) S-3 LUCENT TECHNOLOGIES INC, 600 MOUNTAIN AVE, MURRAY HILL, NJ, 07974, 9085828500 - 46,185,131 ($107,149,503.92) Equity, (File 333-105444 - May. 21) (BR. 37) S-3 LIONBRIDGE TECHNOLOGIES INC /DE/, 950 WINTER STREET, SUITE 4300, WALTHAM, MA, 02154, 7818906612 - 4,219,804 ($14,347,334.00) Equity, (File 333-105446 - May. 21) (BR. 08) S-8 ASBURY AUTOMOTIVE GROUP INC, 3 LANDMARK SQ, STE 500, STAMFORD, CT, 06901, 2033564400 - 3,250,000 ($34,450,000.00) Equity, (File 333-105450 - May. 21) (BR. 02) F-10 METHANEX CORP, 1800 WATERFRONT CENTER, 200 BURRARD STREET, VANCOUVER BC CANADA, A1, 00000, 6046847500 - 0 ($379,089,900.00) Equity, (File 333-105451 - May. 21) (BR. 02) S-8 SPHERIX INC, 12051 INDIAN CREEK CT, BELTSVILLE, MD, 20705, 3014193900 - 0 ($3,495,000.00) Equity, (File 333-105452 - May. 21) (BR. 06) S-8 CASH SYSTEMS INC, 5525 SOUTH 900 E., SUITE 110, SALT LAKE CITY, UT, 84117, 801262-884 - 1,000,000 ($2,925,000.00) Equity, (File 333-105453 - May. 21) (BR. 07) S-8 PLAYBOY ENTERPRISES INC, 680 NORTH LAKE SHORE DRIVE, CHICAGO, IL, 60611, 3127518000 - 2,000,000 ($20,900,000.00) Equity, (File 333-105454 - May. 21) (BR. 05) S-8 PEABODY ENERGY CORP, 701 MARKET ST, ST LOUIS, MO, 63101-1826, 3143423400 - 0 ($159,463,123.00) Equity, (File 333-105455 - May. 21) (BR. 04) S-8 PEABODY ENERGY CORP, 701 MARKET ST, ST LOUIS, MO, 63101-1826, 3143423400 - 0 ($11,452,543.00) Equity, (File 333-105456 - May. 21) (BR. 04) S-8 PARK CITY GROUP INC, 333 MAIN STREET, SUITE 300, P.O. BOX 5000, PARK CITY, UT, 84060, 435-649-2221 - 349,901 ($24,493.07) Equity, (File 333-105457 - May. 21) (BR. 03) S-3 MIDAS INC, 1300 ARLINGTON HEIGHTS ROAD, ITASCA, IL, 60143, 630-438-30 - 1,000,000 ($7,960,000.00) Equity, (File 333-105458 - May. 21) (BR. 05) SB-1 MICROSOURCEONLINE INC, 2810 MATHESON BOULEVARD EAST, SUITE 200, MISSISSAUGA, A6, L4W 4X7, (416) 848-0266 - 1,666,666 ($9,999,996.00) Equity, (File 333-105459 - May. 21) (BR. ) S-8 SPINNAKER EXPLORATION CO, 1200 SMITH STREET SUITE 800, HOUSTON, TX, 77002, 7137591770 - 1,650,000 ($37,860,570.00) Equity, (File 333-105461 - May. 21) (BR. 04) S-8 USURF AMERICA INC, 2259227744 - 3,500,000 ($315,000.00) Debt Convertible into Equity, (File 333-105462 - May. 21) (BR. 03) F-3 AEGON NV, AEGONPLEIN 50, 2591 TV, HAGUE THE NETHERLAND, P7, 011-31-70-344-8305 - 0 ($103,800,000.00) Other, (File 333-105463 - May. 21) (BR. 01) S-8 AMERICANA PUBLISHING INC, 303 SAN MATEO NE, SUITE 104A, ALBUQUERQUE, NM, 87108, 5052656121 - 20,000,000 ($200,000.00) Asset-Backed Securities, (File 333-105465 - May. 21) (BR. 05) 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 3DO CO DE X X 05/20/03 ABM INDUSTRIES INC /DE/ DE X X 05/20/03 ACCLAIM ENTERTAINMENT INC DE X 05/20/03 ACCREDITED HOME LENDERS INC DE X X 05/21/03 ACT TELECONFERENCING INC CO X X X 05/21/03 ACTUATE CORP DE X 05/20/03 ADC TELECOMMUNICATIONS INC MN X X 05/21/03 AGERE SYSTEMS INC DE X 05/16/03 AIRGATE PCS INC /DE/ DE X 05/15/03 AKORN INC LA X X 05/20/03 AMEND ALLEGHENY TECHNOLOGIES INC DE X 05/20/03 AMANASU TECHNOLOGIES CORP NV X X 05/15/03 AMERICAN EXPRESS CO NY X 05/21/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X X 05/20/03 AMERICAN INSURED MORTGAGE INVESTORS L DE X X 05/20/03 AMERICAN INSURED MORTGAGE INVESTORS S CA X X 05/20/03 AMERICAN SCIENCE & ENGINEERING INC MA X X 05/20/03 AMERICANWEST COM INC NV X X 05/15/03 AMKOR TECHNOLOGY INC DE X 04/30/03 AMEND ANACOMP INC IN X X 05/16/03 ANC RENTAL CORP DE X X 05/20/03 ANGELCITI ENTERTAINMENT INC /FL/ NV X X 05/21/03 APHTON CORP DE X X 05/21/03 ARADYME CORP DE X 05/16/03 ASTORIA FINANCIAL CORP DE X X 05/21/03 BALLY TOTAL FITNESS HOLDING CORP DE X X 05/15/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 05/20/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 05/20/03 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 05/21/03 BIOPROGRESS TECHNOLOGY INTERNATIONAL NV X 05/21/03 BLACK HILLS CORP /SD/ SD X X 05/16/03 BOND SECURITIZATION LLC DE X X 05/21/03 BRIDGE BANCORP INC NY X 05/21/03 BRITTON & KOONTZ CAPITAL CORP MS X X 05/21/03 BROADLEAF CAPITAL PARTNERS INC CO X X 05/20/03 BROOKSTONE INC DE X X 05/21/03 BROWN SHOE CO INC/ NY X X 05/21/03 BURGERS BY FARFOUR INC FL X X 05/17/03 CALGON CARBON CORPORATION DE X 05/20/03 CALLOWAYS NURSERY INC TX X 05/21/03 CALYPTE BIOMEDICAL CORP DE X X 05/20/03 CBRE HOLDING INC DE X 05/15/03 CHECKERS DRIVE IN RESTAURANTS INC /DE DE X 05/21/03 CHEESECAKE FACTORY INCORPORATED DE X X 05/20/03 CHEMED CORP DE X 05/20/03 CHINA WIRELESS COMMUNICATIONS INC NV X X 05/19/03 CITIGROUP INC DE X 05/13/03 CLEAN HARBORS INC MA X 05/20/03 COBIZ INC CO X X 05/21/03 COMMONWEALTH BIOTECHNOLOGIES INC VA X X 05/19/03 CONNETICS CORP DE X X 05/20/03 COPART INC CA X X 05/21/03 COYOTE CANYON CORP X X 05/14/03 CRESCENT BANKING CO GA X X 05/16/03 CROSSROADS SYSTEMS INC DE X X 05/21/03 DAISYTEK INTERNATIONAL CORPORATION /D DE X X 05/16/03 DALEEN TECHNOLOGIES INC DE X X 05/14/03 DAYTON SUPERIOR CORP OH X 05/21/03 DEL MONTE FOODS CO DE X X 05/21/03 DIAL CORP /NEW/ DE X X 05/21/03 DISCOVERY LABORATORIES INC /DE/ DE X X 05/14/03 DOCUCORP INTERNATIONAL INC DE X X 05/21/03 DOMINION RESOURCES INC /VA/ VA X X 05/20/03 DRIVERSSHIELD COM CORP NY X X 05/16/03 EAGLE FOOD CENTERS INC DE X 05/21/03 EATON VANCE CORP MD X X X 04/30/03 ECHELON CORP DE X X 05/15/03 ELAMEX SA DE CV X X 05/19/03 ELITE LOGISTICS INC ID X X 01/27/03 AMEND EMPIRE DISTRICT ELECTRIC CO KS X X 05/16/03 EMPIRE ENERGY CORP UT X X 05/21/03 ENDURANCE SPECIALTY HOLDINGS LTD X X 05/15/03 ENTERRA ENERGY CORP A0 X 05/21/03 ENTREMED INC DE X 05/19/03 FEDERAL NATIONAL MORTGAGE ASSOCIATION X X 05/20/03 FERRELLGAS PARTNERS L P DE X 05/21/03 FGI GROUP INC DE X X 05/20/03 FIRST BANCORP /PR/ PR X 05/21/03 FIRST CAPITAL BANK HOLDING CORP FL X X 05/21/03 FIRST HORIZON ASSET SECURITIES INC DE X X 05/19/03 FIRST MIDWEST BANCORP INC DE X X 05/20/03 FIRST NATIONAL COMMUNITY BANCORP INC PA X 05/21/03 FIRSTSERVICE CORP X 05/14/03 FORD MOTOR CO DE X X 05/21/03 FRANKLIN ELECTRONIC PUBLISHERS INC PA X X 05/21/03 GENAERA CORP DE X X 05/19/03 GLEN MANOR RESOURCES INC NV X 05/20/03 GREYHOUND LINES INC DE X X 05/14/03 GROUP 1 AUTOMOTIVE INC DE X 05/21/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 05/20/03 HARP & EAGLE LTD WI X X 05/15/03 HAWAIIAN HOLDINGS INC DE X X 05/20/03 HAYES LEMMERZ INTERNATIONAL INC DE X X 05/20/03 HOLLY CORP DE X 05/20/03 HOT TOPIC INC /CA/ CA X 05/21/03 IMAGISTICS INTERNATIONAL INC DE X X 05/21/03 IMPCO TECHNOLOGIES INC DE X X 05/21/03 INFINITY INC CO X X 05/15/03 INFOUSA INC DE X X 05/20/03 INTERLIANT INC DE X X 05/16/03 INTERNATIONAL SPEEDWAY CORP FL X 05/20/03 INTERPLAY ENTERTAINMENT CORP DE X X 05/20/03 IT GROUP INC DE X X 05/13/03 ITIS INC DE X X 04/24/03 AMEND KINARK CORP DE X 05/21/03 KINDRED HEALTHCARE INC DE X X 05/20/03 KING PHARMACEUTICALS INC TN X X 05/20/03 KV PHARMACEUTICAL CO /DE/ DE X X 05/16/03 L 3 COMMUNICATIONS HOLDINGS INC DE X X 05/21/03 LEE ENTERPRISES INC DE X 04/30/03 LESCO INC/OH OH X 05/14/03 LNB BANCORP INC OH X 05/20/03 MAF BANCORP INC DE X X 05/21/03 MAGMA DESIGN AUTOMATION INC DE X X 05/14/03 MARGO CARIBE INC PR X X 05/15/03 MEDIA 100 INC DE X X 05/14/03 MEDWAVE INC MN X 05/14/03 MESA OFFSHORE TRUST TX X X 05/21/03 MESA ROYALTY TRUST/TX TX X X 05/21/03 METROPOLITAN HEALTH NETWORKS INC FL X 05/21/03 MIIX GROUP INC DE X 05/21/03 MILLENNIUM CHEMICALS INC DE X X 05/21/03 MITY ENTERPRISES INC UT X X X 05/21/03 MONEY STORE ASSET BACKED CERTIFICATES X X 04/15/03 MONEY STORE HOME EQUITY CORP KY X X 04/15/03 MONEY STORE HOME EQUITY LOAN TRUST 19 NJ X X 04/15/03 MONEY STORE HOME IMPROVEMENT LOAN BAC X X 04/15/03 MONEY STORE 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