SEC NEWS DIGEST Issue 2003-127 July 3, 2003 ENFORCEMENT PROCEEDINGS SEC FILES SUPPLEMENT TO PROPOSED WORLDCOM PENALTY SETTLEMENT; PROPOSAL SUBJECT TO DISTRICT AND BANKRUPTCY COURT REVIEW AND APPROVAL On July 2, the Commission filed documents modifying the proposed settlement of its claim for a civil penalty in its civil action against WorldCom Inc. in federal district court in the Southern District of New York. The filings supplement the relief provisions in the proposed settlement previously filed in that action on May 19, 2003, which required WorldCom to pay a civil penalty judgment in the amount of $1,510,000,000. That proposed settlement further provided that, as a result of the company's pending bankruptcy case, the Commission's judgment would be satisfied by WorldCom's payment, after review and approval of the terms of the settlement by the Bankruptcy Court, of $500,000,000. (LR-18147) Following the parties' agreement on the terms of the proposed settlement, and after an initial hearing before the District Court and in light of issues raised by the District Court Judge, WorldCom and the SEC mutually agreed to supplement to the terms of the proposed settlement. The modifications to the proposed settlement filed today -- - to which the Official Committee of Unsecured Creditors of WorldCom have consented --- provide that in the event of confirmation of a plan of reorganization of WorldCom by the Bankruptcy Court, WorldCom's obligations under the Commission's judgment shall be deemed to be satisfied by the company's payment of $500,000,000 in cash and by its transfer of common stock in the reorganized company having a value of $250,000,000 to a distribution agent to be appointed by the District Court. The supplemental relief, if approved, would allow victims of the fraud to share in the potential upside of owning WorldCom common stock when it emerges from bankruptcy. All other material terms of the proposed settlement remain the same. The proposed settlement is subject to review and approval of the District Court hearing the Commission's action against WorldCom and the Bankruptcy Court handling WorldCom's bankruptcy case (which is also in the Southern District of New York). Under the terms of the proposed settlement, the funds paid and the common stock transferred by WorldCom to satisfy the Commission's judgment will be distributed to victims of the company's fraud, pursuant to Section 308 (Fair Funds For Investors) of the Sarbanes-Oxley Act of 2002. The Commission has alleged that WorldCom misled investors by overstating its income from at least as early as 1999 through the first quarter of 2002, as a result of undisclosed and improper accounting. (LR-17829) The Commission filed its case against WorldCom on June 26, 2002, the day after WorldCom announced that it intended to restate its financial results for five quarters-all quarters in 2001 and the first quarter of 2002. (LR-17588) The Commission also sought the appointment of a corporate monitor for WorldCom, and on July 3, U.S. District Judge Jed S. Rakoff appointed former SEC Chairman Richard Breeden to that position. On Nov. 26, 2002, the Commission obtained a judgment against WorldCom through which the Commission obtained the full injunctive relief it sought against WorldCom. In addition, the judgment ordered WorldCom to undertake extensive reviews of its corporate governance and internal controls, as well as required the WorldCom to establish a training and education program for WorldCom officers and employees to minimize the possibility of future violations of the federal securities laws. The Nov. 26, 2002, judgment explicitly left open the determination of monetary penalties to be imposed on WorldCom. (LR-17866) Since the Commission filed its action against WorldCom, the company has made a series of announcements expanding its anticipated financial restatement due to the fraud, both in dollar amount and in time. In addition, the Commission has brought civil actions against four former employees of WorldCom. The Commission filed civil actions against former WorldCom Controller David F. Myers on Sept. 26, 2002 (LR-17753); former WorldCom Director of General Accounting Buford "Buddy" Yates, Jr., on October 7, 2002, (LR-17771); and Betty L. Vinson and Troy M. Normand, former accountants in the WorldCom's General Accounting Department, on Oct. 10, 2002, (LR-17783). All of these actions are pending. In determining to enter into the settlement, the Commission considered remedial acts promptly undertaken by WorldCom and cooperation afforded the Commission staff. The Commission acknowledges the assistance and cooperation of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation. [SEC v. WorldCom Inc., Civil Action No. 02-CV- 4963, SDNY, JSR] (LR-18210; AAE Rel. 1810; Press Rel. 2003-79) COURT ENTERS FINAL JUDGMENT, BY CONSENT, AGAINST FORMER SALES EXECUTIVE OF LEGATO SYSTEMS, INC. The Honorable James Ware, U.S. District Judge for the Northern District of California, entered the Final Judgment of Permanent Injunction and Other Relief as to defendant Mark Huetteman (Final Judgment), based upon his consent entered in the SEC's action entitled Securities and Exchange Commission v. David Malmstedt and Mark Huetteman, Civil Action No. C-02- 2427 JW (PVT) (N.D. Cal.) (order entered June 16, 2003). Without admitting or denying the Commission's allegations, Huetteman consented to the Final Judgment which enjoins him from violating the antifraud provisions of the federal securities laws and an internal controls provision, and from aiding and abetting violations of reporting and recordkeeping provisions. The Final Judgment orders Huetteman to pay $162,812 in disgorgement with interest, and a $40,000 civil monetary penalty. The Commission's complaint, filed in 2002, alleges that Huetteman and others caused Legato fraudulently to record millions of dollars in revenue on sales orders, resulting in Legato materially overstating its revenue during three fiscal quarters of 1999 and for the fiscal year 1999. [SEC v. David Malmstedt and Mark Huetteman, Civil Action No. C-02-2427 JW, PVT, NDCA] (LR-18209; AAE Rel. 1809) SEC OBTAINS DEFAULT JUDGMENT AGAINST G. CHRISTOPHER SCOGGIN FOR FRAUD; $2.1 MILLION AWARDED FOR DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL PENALTIES On May 29, 2003, the Honorable David Hittner of the U.S. District Court for the Southern District of Texas entered a default judgment against G. Christopher Scoggin (Scoggin), a Houston-area author of the investment newsletter "Stock Talk" and website "Stocktalknews.com," arising from Scoggin's violation of the antifraud and antitouting provisions of the federal securities laws (Final Judgment). The Commission filed its complaint on August 20, 2002, against Scoggin. In its complaint, the Commission alleged that Scoggin violated the federal securities laws by making repeated false representations in connection with his stock picks appearing in his newsletter and on his website. The complaint alleged that Scoggin purposefully misled investors by: (i) misrepresenting that his stock picks were a product of "independent" research, rather that the product of his undisclosed financial and other contractual obligations to the companies he promoted; (ii) failing to disclose that the issuers of the stocks he featured were paying for his recommendations; and (iii) engaging in "scalping" in two of the stocks featured in his newsletters and website, i.e., he encouraged his readers to buy the featured stocks despite his undisclosed intent to sell his own positions in those stocks. The Final Judgment permanently enjoins Scoggin from further violating Section 17(b) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. The Final Judgment also orders Scoggin to pay $2,136,007.96, comprising $531,454.62 in disgorgement, $174,553.34 in prejudgment interest thereon, and $1,430,000 in civil penalties for Scoggin's thirteen violations of the federal securities laws. The Final Judgment also permanently bars Scoggin under Section 603 of the Sarbanes-Oxley Act of 2002 from participating in any future offering of any penny stock. Additional information concerning the Commission's civil enforcement action against Scoggin can be found in Litigation Release Nos. 17690, August 20, 2002. [SEC v. G. Christopher Scoggin, Civil Action No. H-02- 3119, SD Tex., DH] (LR-18211) COURT ENTERS DEFAULT JUDGMENT AGAINST SEC DEFENDANT JOHAN HERTZOG AND ORDERS HIM TO PAY OVER $24 MILLION The Commission announced that, on June 20, 2003, a Rhode Island federal court entered a default judgment against Johan Hertzog, a defendant in an action filed by the Commission in April 2002. The Commission alleged in its complaint that Hertzog and others participated in a fraudulent offering scheme that raised at least $52 million from investors. In the default judgment, the Honorable Mary M. Lisi permanently enjoined Hertzog from future violations of the antifraud provisions of the federal securities laws and ordered him to pay approximately $25 million in disgorgement, interest and a penalty. The Commission filed its action against Hertzog and eight other defendants and a relief defendant on April 1, 2002, alleging that Hertzog played a key role in a scheme that made fraudulent representations to investors through a high yield trading program. According to the Commission's complaint, the scheme, which raised approximately $52.75 million from six investors, was perpetrated by Hertzog and others through entities formerly known as Brite Business S.A. and Brite Business Corporation. The Commission's complaint alleges that agreements Brite Business entered into with investors promised astronomical returns (such as a nearly 300% return in twelve banking days) and possessed characterizations of investment programs typical of "prime bank" investment schemes to defraud. According to the Commission's complaint, during his contacts and correspondence with investors, Hertzog held himself out to be director, chairman and CEO of Brite Business. The complaint further alleges that, between 1999 and 2001, Hertzog and others associated with Brite Business misappropriated, transferred or lost approximately $20 million in investor funds. On April 3, 2002, the court issued a temporary restraining order freezing the assets of Hertzog and others. The June 20, 2003 final judgment enjoins Hertzog from future violations of 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, orders him to pay disgorgement in the amount of $19,800,000, plus prejudgment interest in the amount of $4,863,372.72, for a total amount of $24,663,372.72, and assesses a $100,000 civil monetary penalty against him. See Litigation Release Number 18212. For further information, please see Litigation Release Numbers 18196 (June 20, 2003) [permanent injunction entered against Defendant Michael Clarke]; 17800 (Oct. 23, 2002) [permanent injunction entered against Defendant Dennis Herula]; 17957 (Jan. 29, 3003) [permanent injunction entered against Defendant Mary Lee Capalbo]; 17461 (April 5, 2002) [asset freeze against Hertzog and others]. [SEC v. Dennis Herula, et al., USDC for the District of Rhode Island, C.A. No. 02 154 ML] (LR-18212) COURT ENTERS JUDGMENT AGAINST PETER CHABOT FOR SECURITIES FRAUD On June 25, 2003, the Honorable Naomi R. Buchwald, U.S. District Court Judge for the Southern District of New York, entered a Judgment against Peter W. Chabot (Chabot) and Chabot Investments, Inc. for violating the antifraud provisions of the federal securities laws. In its Complaint filed on Nov. 13, 2001, the Commission alleged that, beginning in 1999, Chabot, individually and through his entities, raised over $1.2 million from 14 investors by making material misrepresentations and omissions to them concerning an alleged hedge fund. Chabot falsely claimed he was an experienced trader and that he had developed a mathematical model to predict when to buy stocks and whether to take long or short positions. Chabot also prepared false and misleading account statements for the investors, claiming large returns on the purported investments made by the alleged hedge fund. As alleged in the Commission's complaint, Chabot did not buy stocks or other securities with the investors' funds. Instead, he used their money for his personal expenses. On Jan. 8, 2002, Chabot pled guilty to one count of securities fraud and one count of wire fraud before the U.S. District Court for the Southern District of New York, in United States v. Peter W. Chabot, Case No. 02 Cr 19. On February 27, 2002, Chabot was sentenced to 27 months imprisonment, supervised release of 36 months, and ordered to pay restitution of $1,265,868. Chabot and Chabot Investments, Inc., without admitting or denying any of the allegations of the Commission's complaint, consented to entry of the final judgment, which permanently enjoined them from violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, Section 17(a) of the Securities Act of 1933, and Sections 206(1) and (2) of the Investment Advisers Act of 1940. The final judgment also provided that any remaining assets and funds in Chabot Investment Inc.'s bank accounts be applied in partial satisfaction of the February 27, 2002 order in the criminal action, which ordered Chabot to pay restitution to his victims. In addition, on June 27, 2003, the court entered a Notice of Voluntary Dismissal against defendants, The Synergy Fund LLC, Sirens Investments, Inc., and Sirens Synergy. The Commission moved to dismiss its claims against these defendants because, although referenced in documents prepared by Chabot, they were later determined not to exist. Securities and Exchange Commission v. Peter W. Chabot, Chabot Investments, Inc., Sirens Investments, Inc., Sirens Synergy, The Synergy Fund, LLC, Civil Action No. 1:01CV09976 (S.D.N.Y.) (filed Nov. 13, 2001). On July 3, based on the entry of the final judgment against Chabot, the Commission also instituted settled administrative proceedings against him pursuant to Section 203(f) of the Investment Advisers Act of 1940. Without admitting or denying the Commission's findings, Chabot consented to the entry of the Commission's Order, which permanently bars him from associating with any investment adviser. [SEC v. Peter W. Chabot, Chabot Investments, Inc., Sirens Investments, Inc., Sirens Synergy, The Synergy Fund, LLC, Civil Action No. 1:01CV09976, SDNY] (LR-18214); (In the Matter of Peter W. Chabot, Administrative Proceeding File No. 3- 11170; IA-2142) INVESTMENT COMPANY ACT RELEASES AB FUNDS TRUST, AND SBC FINANCIAL SERVICES, INC. An order has been issued on an application filed by AB Funds Trust, and SBC Financial Services, Inc. under Section 6(c) of the Investment Company Act exempting applicants from Sections 18(f) and 21(b) of the Act, under Section 12(d)(1)(J) of the Act exempting applicants from Sections 12(d)(1)(A) and (B) of the Act, under Sections 6(c) and 17(b) of the Act exempting applicants from Section 17(a) of the Act; and under Section 17(d) of the Act and Rule 17d-1 under the Act permitting certain joint transactions. The order permits certain registered open-end management investment companies to participate in a joint lending and borrowing facility. (Rel. IC-26093 - July 1) SELF-REGULATORY ORGANIZATIONS APPROVAL OF TEMPORARY REGISTRATION AS A CLEARING AGENCY The Commission issued an order extending the Fixed Income Clearing Corporation's temporary registration as a clearing agency through June 30, 2004. Publication of the notice and order is expected in the Federal Register during the week of July 7. (Rel. 34-48116) PROPOSED RULE CHANGE The Chicago Board Options Exchange filed a proposed rule change (SR-CBOE- 2003-24) and Amendment No. 1 thereto relating to a rule interpretation with respect to margin requirements for certain complex spreads. Under the proposed rule change, the interpretation would be put into effect on a one-year pilot basis. Publication of the notice in the Federal Register is expected during the week of July 7. (Rel. 34-48115) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change (SR-DTC-2003-06) filed by The Depository Trust Company under Section 19(b) of the Exchange Act. Under the proposed rule change, DTC will eliminate the "next-day" matched reclamation process. Publication of the proposal is expected in the Federal Register during the week of July 7. (Rel. 34-48121) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change filed by the New York Stock Exchange (SR-NYSE-2003-18) relating to fingerprint-based background checks of NYSE employees and others. (Rel. 34-48118) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the Philadelphia Stock Exchange (SR-Phlx- 2003-39) increasing index option transaction charges has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of July 7. (Rel. 34-48112) A proposed rule change filed by the National Association of Securities Dealers relating to an amendment to the Automated Confirmation Transaction Service (ACT) concerning late trade reports (SR-NASD-2003- 83) 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 July 7. (Rel. 34-48120) DELISTINGS GRANTED 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 the underlying common stock of Cumulus Media Inc., effective at the opening of business on July 7. (Rel. 34-48127) 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 INNOVEX INC, 5540 PIONEER CREEK DRIVE, MAPLE PLAIN, MN, 55359-9003, 7634795300 - 0 ($35,621,250.00) Equity, (File 333-106734 - Jul. 2) (BR. 36) S-3 ILEX ONCOLOGY INC, 4545 HORIZON HILL BLVD, SAN ANTONIO, TX, 78229, 210-949-8200 - 0 ($150,000,000.00) Equity, (File 333-106735 - Jul. 2) (BR. 01) S-8 COVENANT FINANCIAL CORP, 9728416929 - 500,000 ($750,000.00) Equity, (File 333-106738 - Jul. 2) (BR. 04) S-8 COVENANT FINANCIAL CORP, 9728416929 - 300,000 ($450,000.00) Equity, (File 333-106739 - Jul. 2) (BR. 04) S-8 TILDEN ASSOCIATES INC, 1325 FRANKLIN AVE, SUITE 165, GARDEN CITY, NY, 11530, 5163335000 - 300,000 ($90,000.00) Equity, (File 333-106740 - Jul. 2) (BR. 02) S-8 APPLIED DIGITAL SOLUTIONS INC, 400 ROYAL PALM WAY, SUITE 410, PALM BEACH, FL, 33480, 5613664800 - 3,000,000 ($1,530,000.00) Equity, (File 333-106742 - Jul. 2) (BR. 37) F-6 PETER HAMBRO MINING PLC, 7 ECCLESTON STREET, LONDON, A1, 00000, 10,000,000 ($500,000.00) ADRs/ADSs, (File 333-106743 - Jul. 2) (BR. ) S-8 PACIFIC NORTHWEST BANCORP, 1111 THIRD AVE., STE. 250, SEATTLE, WA, 98101, 2066249761 - 0 ($139,100.00) Equity, (File 333-106744 - Jul. 2) (BR. 07) S-3 COMPUTER HORIZONS CORP, 49 OLD BLOOMFIELD AVE, MOUNTAIN LAKES, NJ, 07046-1495, 9732994000 - 0 ($1,816,347.00) Equity, (File 333-106745 - Jul. 2) (BR. 03) S-8 MADDEN STEVEN LTD, 52-16 BARNETT AVE, LONG ISLAND CITY, NY, 11104, 7184461800 - 640,000 ($12,822,400.00) Equity, (File 333-106746 - Jul. 2) (BR. 02) S-8 POLYAIR INTER PACK INC, 258 ATTWELL DR, TORONTO ONTARIO, CANADA M9W 5B2, A6, 00000, 4167402687 - 1,140,000 ($5,130,000.00) Equity, (File 333-106747 - Jul. 2) (BR. 06) S-3D INVESTORS REAL ESTATE TRUST, 12 S MAIN STREET, SUITE 100, MINOT, ND, 58701, 701-837-4738 - 275,000 ($2,620,750.00) Equity, (File 333-106748 - Jul. 2) (BR. 08) S-8 VIE FINANCIAL GROUP INC, 1835 MARKET STREET, SUITE 420, PHILADELPHIA, PA, 19103, 2157893300 - 190,221,115 ($15,148,704.00) Equity, (File 333-106749 - Jul. 2) (BR. 07) S-3 VERIZON COMMUNICATIONS INC, 1095 AVE OF THE AMERICAS, NEW YORK, NY, 10036, 2123952121 - 25,000,000 ($975,625,000.00) Equity, (File 333-106750 - Jul. 2) (BR. 37) S-8 GRAY TELEVISION INC, 4370 PEACHTREE ROAD NE, ALBANY, GA, 30319, 9128889390 - 0 ($1,220,000.00) Equity, (File 333-106751 - Jul. 2) (BR. 37) S-8 GRAY TELEVISION INC, 4370 PEACHTREE ROAD NE, ALBANY, GA, 30319, 9128889390 - 0 ($17,080,000.00) Equity, (File 333-106752 - Jul. 2) (BR. 37) S-8 GRAY TELEVISION INC, 4370 PEACHTREE ROAD NE, ALBANY, GA, 30319, 9128889390 - 0 ($1,220,000.00) Equity, (File 333-106753 - Jul. 2) (BR. 37) S-8 RESEARCH FRONTIERS INC, 240 CROSSWAYS PARK DR, WOODBURY, NY, 11797-2033, 5163641902 - 600,000 ($8,082,000.00) Equity, (File 333-106754 - Jul. 2) (BR. 01) S-8 HOVNANIAN ENTERPRISES INC, 10 HWY 35, PO BOX 500, RED BANK, NJ, 07701, 7327477800 - 11,000,000 ($320,265,000.00) Equity, (File 333-106756 - Jul. 2) (BR. 06) S-8 ACADIA REALTY TRUST, 20 SOUNDVIEW MARKETPLACE, PO BOX 1679, PORT WASHINGTON, NY, 11050, 5167678830 - 1,263,008 ($11,543,893.00) Equity, (File 333-106758 - Jul. 2) (BR. 08) S-3 HARRIS INTERACTIVE INC, 135 CORPORATE WOODS, ROCHESTER, NY, 14623-1457, 7162728400 - 10,799,836 ($69,442,946.00) Equity, (File 333-106759 - Jul. 2) (BR. 08) S-3 WFS RECEIVABLES CORP 4, 444 E WARM SPRINGS ROAD #116, LAS VEGAS, NV, 89119, 702 407 4317 - 2,000,000,000 ($2,000,000,000.00) Other, (File 333-106760 - Jul. 2) (BR. ) S-3 HOVNANIAN ENTERPRISES INC, 10 HWY 35, PO BOX 500, RED BANK, NJ, 07701, 7327477800 - 0 ($1,000,000.00) Debt Convertible into Equity, (File 333-106761 - Jul. 2) (BR. 06) S-8 SOUTHWEST GAS CORP, 5241 SPRING MOUNTAIN RD, PO BOX 98510, LAS VEGAS, NV, 89193-8510, 7028767237 - 1,500,000 ($31,605,000.00) Equity, (File 333-106762 - Jul. 2) (BR. 02) S-1 NISSAN AUTO LEASING LLC II, 990 W 190TH STREET, TORRANCE, CA, 90502, 3107198583 - 0 ($1,000,000.00) Asset-Backed Securities, (File 333-106763 - Jul. 2) (BR. ) S-3 EATON CORP, EATON CTR, 1111 SUPERIOR AVE, CLEVELAND, OH, 44114-2584, 2165235000 - 250,000,000 ($250,000,000.00) Other, (File 333-106764 - Jul. 2) (BR. 05) SB-2 IDIAL NETWORKS INC, 9728181058 - 200,000,000 ($2,000,000.00) Equity, (File 333-106765 - Jul. 2) (BR. 37) S-3 REMEC INC, 9404 CHESAPEAKE DRIVE, SAN DIEGO, CA, 92123, 6195601301 - 1,391,650 ($9,282,306.00) Equity, (File 333-106767 - Jul. 2) (BR. 36) S-3 COSTAR GROUP INC, 2 BETHESDA METRO CENTER, 10TH FLOOR, BETHESDA, MD, 20814, 3012158300 - 0 ($41,802,500.00) Equity, (File 333-106769 - Jul. 2) (BR. 03) S-3 NPS PHARMACEUTICALS INC, 420 CHIPETA WAY STE 240, SALT LAKE CITY, UT, 84108-1256, 8015834939 - 1,500,000 ($37,125,000.00) Equity, (File 333-106770 - Jul. 2) (BR. 01) S-3 ARIZONA PUBLIC SERVICE CO, 400 N FIFTH ST, P O BOX 53999, PHOENIX, AZ, 85004, 6022501000 - 500,000,000 ($500,000,000.00) Non-Convertible Debt, (File 333-106772 - Jul. 2) (BR. 02) S-8 ENCORE MEDICAL CORP, 9800 METRIC BOULEVARD, P O BOX 1900, AUSTIN, TX, 78758, 5128329500 - 500,000 ($1,902,500.00) Equity, (File 333-106773 - Jul. 2) (BR. 36) S-3 PACER INTERNATIONAL INC, 8002254222 - 7,690,539 ($142,274,971.50) Equity, (File 333-106774 - Jul. 2) (BR. 05) S-8 DIODES INC /DEL/, 3050 E HILLCREST DR, WESTLAKE VILLAGE, CA, 91362, 8054464800 - 1,000,000 ($19,210,000.00) Equity, (File 333-106775 - Jul. 2) (BR. 36) 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 ---------------------------------------------------------------------------------- 3D SYSTEMS CORP DE X X 06/30/03 AAMES FINANCIAL CORP/DE DE X 07/01/03 AAMES FINANCIAL CORP/DE DE X 05/31/03 ADVANCED MAGNETICS INC DE X 07/01/03 AEROFLEX INC DE X 06/30/03 AES CORPORATION DE X 06/30/03 AGL RESOURCES INC GA X 07/02/03 AIRGATE PCS INC /DE/ DE X 07/01/03 AIRTRAN HOLDINGS INC NV X 06/24/03 AK STEEL HOLDING CORP DE X X 07/02/03 AKSYS LTD DE X X 06/30/03 ALLEGHANY CORP /DE DE X X 07/01/03 ALLERGY IMMUNO TECHNOLOGIES INC DE X X 06/10/03 AMEND AMDL INC DE X 06/30/03 AMERICA WEST HOLDINGS CORP DE X X 07/02/03 AMERICAN AIRLINES INC DE X 07/02/03 AMERICAN HOMEPATIENT INC DE X X 07/01/02 AMERICAN SAFETY INSURANCE GROUP LTD X 06/30/03 AMERICAN STONE INDUSTRIES INC DE X X 06/25/03 AMERICAN UNITED GLOBAL INC DE X 06/17/03 AMPEX CORP /DE/ DE X 06/25/03 APA OPTICS INC /MN/ MN X X 07/02/03 APPLEBEES INTERNATIONAL INC DE X 07/02/03 ASCENDANT SOLUTIONS INC DE X X 07/02/03 ASK JEEVES INC DE X X 07/01/03 ASSET-BACKED CERTIFICATE SERIES 2003- DE X 06/25/03 ASTA FUNDING INC DE X X 07/02/03 ATLANTIC COAST AIRLINES HOLDINGS INC DE X 07/02/03 AVANT IMMUNOTHERAPEUTICS INC DE X X 07/01/03 BA MORTGAGE SECURITIES INC MORT PS TH DE X 06/25/03 BA MORTGAGE SECURITIES INC PASS THR C DE X 06/25/03 BALLY TOTAL FITNESS HOLDING CORP DE X X 07/02/03 BAMS MORTGAGE PASS THROUGH CERTIFICAT NC X 06/25/03 BAMS MORTGAGE PASS THROUGH CERTIFICAT NC X 06/25/03 BAMS MORTGAGE PASS THROUGH CERTIFICAT NC X 06/25/03 BAMS MORTGAGE PASS THROUGH CERTIFICAT NC X 06/25/03 BANC OF AMERICA FUNDING CORP MORT PAS DE X 06/25/03 BANK OF AMERICA 1999-10 NC X 06/25/03 BANK OF AMERICA 1999-11 NC X 06/25/03 BANK OF AMERICA 1999-3 NC X 06/25/03 BANK OF AMERICA 1999-4 DE X 06/25/03 BANK OF AMERICA 1999-5 NC X 06/25/03 BANK OF AMERICA MOR SEC INC MOR PASS DE X 06/25/03 BANK OF AMERICA MOR SEC INC MOR PASS DE X 06/25/03 BANK OF AMERICA MORT SEC INC MORT PAS NC X 06/25/03 BANK OF AMERICA 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