SEC NEWS DIGEST Issue 2003-208 October 31, 2003 COMMISSION ANNOUNCEMENTS SEC ANNOUNCES IOSCO UNVEILING OF MULTILATERAL AGREEMENT ON ENFORCEMENT COOPERATION The Securities and Exchange Commission today announced the public unveiling by the International Organization of Securities Commissions of its Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information. The MOU is the first global multilateral information-sharing arrangement among securities regulators and sets a new international benchmark for cooperation critical to combating violations of securities and derivatives laws. The MOU provides for the exchange of basic information in investigating cross-border violations, including bank, brokerage, and client identification records. Information provided through the MOU may be used to enforce compliance with securities and derivatives laws and regulations, including through civil and criminal prosecutions. SEC Chairman William Donaldson said, "The SEC has long recognized that international cooperation is vital to an effective enforcement program. The IOSCO MOU is an important contribution to cross-border enforcement cooperation and a public statement that the world's securities regulators are committed to assisting one another in preventing and prosecuting violations of our securities laws. We are pleased to be a signatory to the MOU and anticipate that this agreement will enhance our ability to obtain information valuable to our enforcement investigations." SEC Commissioner Roel Campos, who represents the SEC in IOSCO, also stated, "The IOSCO MOU is a significant initiative that sets an international benchmark for information sharing among securities regulators. We believe that investors and the markets will benefit greatly from the improvements in cooperation that result from regulators' ability to meet the key provisions of the MOU." To become signatories to the IOSCO MOU, applicants must undergo a rigorous screening process to verify their ability to cooperate as provided in the IOSCO MOU. Under the MOU procedures, those IOSCO members that are unable to meet the MOU requirements cannot become signatories, but still may express their specific commitment to obtaining the necessary legal authority. The MOU, which was approved by IOSCO last year, was publicly introduced by IOSCO at its Annual Conference in Seoul, Korea on Oct. 16, 2003. The SEC was among the first signatories to this agreement, which, over the past year, has grown to currently include 23 other securities and derivatives regulators. IOSCO is the international forum of securities regulators. Copies of the IOSCO MOU can be accessed on IOSCO's website (www.iosco.org) or obtained from the IOSCO Secretariat. For further information, contact the SEC Office of Public Affairs at (202) 942-0020. (Press Rel. 2003- 145) FEE RATE ADVISORY #4 FOR FISCAL YEAR 2004 The continuing resolution funding the Securities and Exchange Commission for fiscal 2004 since Oct. 1, 2003, has been extended through Nov. 7, 2003. Therefore, 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 enactment of the Commission's regular fiscal year 2004 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 be increased from the current rate of $80.90 per million to $126.70 per million, as previously announced. In addition, thirty days after enactment of the Commission's regular appropriation, the Section 31 fee rate applicable to securities transactions on the exchanges and Nasdaq will be reduced from the current rate of $46.80 per million to $39.00 per million, as previously announced. 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 Regulation at http://www.nyse.com and http://www.nasdr.com. A copy of the Commission's April 30, 2003, order regarding fee rates for fiscal year 2003 is available at http://www.sec.gov/news/press/2003- 57.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. 2003-146) RULES AND RELATED MATTERS SEMIANNUAL REGULATORY AGENDA The Commission has authorized the publication of its October 2003 Regulatory Flexibility Act Agenda. The agenda is a general announcement to the public intended to provide advance notice of rulemaking actions. The agenda, which will not be available to the public until its publication, has been submitted by the Commission to the Regulatory Information Service Center for inclusion in the Unified Agenda of Federal Regulations scheduled for publication in the Federal Register in October 2003. Public comments regarding the agenda and the individual agenda entries are due by Dec. 30, 2003. (Rels. 33-8316, 34-48717, 35- 27746, 39-2411, IA-2187, IC-26233, File No. S7-24-03) ENFORCEMENT PROCEEDINGS COMMISSION REMANDS NYSE DISCIPLINARY PROCEEDING FOR CLARIFICATION AND EXPLANATION OF FINDINGS The Commission has remanded to the NYSE the application for review of Calvin David Fox, of Jupiter, Florida. The remand seeks clarification and further explanation of the NYSE's findings. The NYSE found that Fox had violated NYSE Rule 476(a)(6) by engaging in conduct inconsistent with just and equitable principles of trade, by making a misstatement to his NYSE member firm employer, Prudential Securities, Inc., about the status of his license to practice law in Florida and by sending an altered version of an official court order in support of the alleged misstatement. Commission precedent requires a self-regulatory organization to make a finding of bad faith or unethical conduct in order to find conduct inconsistent with just and equitable principles of trade. The Commission concluded that the NYSE decision did not address specifically the threshold question of whether Fox's acts were committed in bad faith or unethically. The Commission further concluded that remanding the decision to the NYSE for clarification and further explanation of its findings against Fox on this point was necessary to enable the Commission to complete its review function. (Rel. 34-48731; File No. 3- 11062) SEC BRINGS ACTION AGAINST BRUT ECN FOR CAUSING VIOLATIONS OF LIMIT ORDER DISPLAY RULE AND FILING MISLEADING FORM ATS; IMPOSES $45,000 FINE On October 30, the Commission issued a cease-and-desist order against Brut, LLC, a registered New York-based broker-dealer that operates the Brut ECN System, for causing its market maker subscribers to violate the Limit Order Display Rule. Under the Limit Order Display Rule, the market makers must display on the public quotation system the price of any customer limit order that is priced better than the market maker's own public quote. The market maker can satisfy this requirement, however, by delivering the limit order to an ECN (electronic communications network) for display, so long as the ECN disseminates the limit order to the public quotation system on behalf of the market maker. If the limit order is at a non-standard price increment (one not approved by the primary market for the security) and the market maker uses an ECN to fulfill its display responsibilities, the ECN is permitted under the Commission's order handling rules to round the limit order to the nearest quote increment allowed by the disseminating market. Buy orders are rounded down and sell orders rounded up. However, when an ECN rounds an order for display purposes, it is still required to execute the quoted order at the actual, non-rounded price. From May 1998 through March 5, 2001, Brut's ECN system was programmed to execute rounded orders at the appropriate, non-rounded prices when the execution involved a transaction between two market makers using the Brut ECN system (Brut subscribers). However, when market participants executed against rounded Brut orders through SelectNet (a Nasdaq-owned order-routing service that is no longer in use and has been replaced by the "SuperMontage" system), Brut's ECN system improperly executed the orders at rounded prices rather than the actual, non-rounded prices. Because Brut failed to properly display the better-priced limit orders on behalf of the market maker subscribers, under the order handling rules the responsibility for displaying the better-priced order returned to the subscribers. Brut subscribers, however, failed to display the better-priced limit orders in their own quotations, relying on Brut to do so. Therefore, Brut's failure to execute orders rounded for display purposes at their actual, non-rounded prices caused its subscribers to unknowingly violate the Limit Order Display Rule (Rule 11Ac1-4 promulgated under the Securities Exchange Act of 1934 (Exchange Act)). By causing its subscribers to violate the Limit Order Display Rule, Brut also caused its subscribers to violate Section 11A(c)(1) of the Exchange Act. Section 11A(c)(1) of the Exchange Act prohibits a member of a self-regulatory organization, broker, or dealer from using the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any security in violation of any Commission rules or regulations as the Commission shall prescribe as necessary or appropriate to, among other things, assure the prompt, accurate, reliable, and fair processing and publication of information with respect to quotations and transactions in such securities. In addition, pursuant to Sections 15(b)(4)(A) and 21B(a)(3) of the Exchange Act, the Commission also fined Brut $45,000 for filing a materially misleading Form ATS. Rule 301(b) under Regulation ATS requires alternative trading systems, such as Brut, to file with the Commission an initial operation report on Form ATS, which must describe how the alternative trading system will operate. In this report, which required, among other things, that Brut describe its manner of operation, Brut stated, "top of the book orders [that is, the best bids and offers Brut has] can be accessed by non-subscribers," but failed to say that non-subscriber orders would be executed at inferior prices. Thus, Brut filed a form ATS that was misleading as to a material fact. Brut consented to the issuance of the Commission's order, without admitting or denying the Commission's findings. (Rel. 34-48718; File No. 3-11320) HENRY BLODGET BARRED FROM ASSOCIATION WITH ANY BROKER, DEALER OR INVESTMENT ADVISER On October 31, the Commission instituted and simultaneously settled public administrative proceedings against Henry M. Blodget of New York, New York based upon a permanent injunction entered against him on October 31, 2003 in Securities and Exchange Commission v. Henry M. Blodget, Civil Action No. 03 Civ. 2947 (WHP), in the U.S. District Court for the Southern District of New York. The Commission's Order finds that the Commission filed a civil action against Blodget, who was formerly a managing director and senior research analyst at Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), alleging that Blodget issued research reports on one Internet company that were materially misleading. The Commission's action further alleged that Blodget issued research reports on six Internet companies that were not based on principles of fair dealing and good faith, did not provide a sound basis for evaluating facts, contained exaggerated or unwarranted claims about the companies, and/or contained opinions for which there was no reasonable basis. All of the reports were issued under Merrill Lynch's name. The Commission's complaint alleged that, as a result of this conduct, Blodget aided and abetted Merrill Lynch's violations of Section 15(c) of the Securities Exchange Act of 1934 and Rule 15c1-2 thereunder, antifraud provisions of the federal securities laws governing broker-dealers, and violated Conduct Rules of NASD Inc. and the New York Stock Exchange, Inc. The Order bars Blodget from association with any broker, dealer, or investment adviser. Blodget consented to the issuance of the Order without admitting or denying any of the allegations in the civil injunctive action. (Rels. 34-48724; IA- 2188; File No. 3-11322) JACK GRUBMAN BARRED FROM ASSOCIATION WITH ANY BROKER, DEALER OR INVESTMENT ADVISER On October 31, the Commission instituted and simultaneously settled public administrative proceedings against Jack B. Grubman of New York, New York based upon a permanent injunction entered against him on Oct. 31, 2003, in Securities and Exchange Commission v. Jack Benjamin Grubman, Civil Action No. 03 Civ. 2938 (WHP), in the U.S. District Court for the Southern District of New York. The Commission's Order finds that the Commission filed a civil action against Grubman, who was formerly a managing director of Salomon Smith Barney Inc. (SSB) and SSB's lead research analyst for the telecommunications sector, alleging that Grubman issued research reports on two telecommunications companies that were fraudulent. The Commission's action further alleged that Grubman issued research reports on six telecommunications companies that were not based on principles of fair dealing and good faith, did not provide a sound basis for evaluating facts, contained exaggerated or unwarranted claims about the companies, and/or contained opinions for which there was no reasonable basis. The Commission's action also alleged that Grubman issued a research report upgrading a telecommunications company that did not disclose that his objectivity had been compromised. All of the reports were issued under SSB's name. The Commission's complaint alleged that, as a result of this conduct, Grubman aided and abetted SSB's violations of Section 15(c) of the Securities Exchange Act of 1934 and Rule 15c1-2 thereunder, antifraud provisions of the federal securities laws governing broker-dealers, and violated Conduct Rules of NASD Inc. and the New York Stock Exchange, Inc. The Order bars Grubman from association with any broker, dealer, or investment adviser. Grubman consented to the issuance of the Order without admitting or denying any of the allegations in the civil injunctive action. (Rels. 34-48725; IA-2189; File No. 3-11323) SEC SUES KENNETH LECRONE, FORMER AUDITOR OF SPORT-HALEY, INC. The Commission on October 29, filed civil fraud charges against Kenneth R. LeCrone, former auditor of Sport-Haley, Inc, alleging that he recklessly permitted the audit firm of Levine, Hughes, and Mithuen, Inc. (LHM) to issue unqualified audit opinions on Sport-Haley's opinions on Sport-Haley's financial statements even though he knew or was reckless in not knowing the company's 1998 and 1999 financial statements materially misstated work-in-process (WIP) inventory, improperly capitalize period costs and materially misstated losses on the sale of headwear equipment. The Commission's lawsuit, which was brought in federal court in the District of Colorado, seeks an anti-fraud injunctions and civil money penalties. The Commission's Amended Complaint alleges the following: Sport-Haley materially overstated WIP inventory in its financial statements during its 1998 and 1999 fiscal years. LeCrone knew or was reckless in not knowing that LHM failed to perform sufficient audit procedures on the company's 1998 and 1999 WIP inventory accounts. LeCrone agreed with Sport-Haley management to a solution to adjust the overstated WIP inventory account that minimized the impact on the company's gross margin, kept the 1998 financial statements intact, and ratably eliminated $1.2 million of overstated WIP inventory during the company's 2000 fiscal year. Sport-Haley failed to disclose the WIP inventory overstatement or the company's measures to adjust the financial statements for the overstatement. LeCrone also recklessly allowed Sport-Haley to improperly capitalize period costs in financial statements filed with the Commission during its 1998 and 1999 fiscal years. LeCrone knowingly or recklessly allowed the company to materially misstate losses on the sale of headwear equipment in Sport- Haley's 1999 year-end financial statements. LeCrone knew or was reckless in not knowing that Sport-Haley's financial statements were materially false or misleading, did not comply with generally accepted accounting principles, and that the audits were not performed in accordance with generally accepted auditing standards. The Commission's complaint seeks an order against LeCrone enjoining him from further violations of the antifraud and reporting provisions of the federal securities laws and imposing civil money penalties. [SEC v. Sport-Haley, Inc., Robert G. Tomlinson, Steve S. Auger, and Kenneth R. LeCrone, Civil Action No. 03-N-1917 (CBS) D. Co.] (LR-18437; AAE Rel. 1908) FEDERAL COURT APPROVES GLOBAL RESEARCH ANALYST SETTLEMENT The Commission announced today that the Honorable William H. Pauley III, U.S. District Judge for the Southern District of New York, issued an Order approving the $1.4 billion global settlement of the SEC enforcement actions against ten of the nation's top investment firms and two individuals alleging undue influence of investment banking interests on securities research at brokerage firms. In addition to the Order, which applies to all 12 actions that are part of the global settlement, the Court also entered separate Final Judgments as to each of the 12 defendants, Orders Regarding Distribution Fund Plan as to nine of the investment firms and Orders Regarding Investor Education as to seven of the firms. The Orders Regarding Distribution Fund Plan provide further details as to investors who may be eligible to receive proceeds from the Distribution Funds to be created as part of the global settlement. The Orders Regarding Investor Education set forth a framework and guidelines for the formation of a non-profit grant administration organization to fund worthy and cost- efficient programs designed to equip investors with the knowledge and skills necessary to make informed investment decisions. The Allegations of the SEC's Complaints The SEC filed its Complaints, the defendants' consents and proposed judgments on April 28, 2003. In its Complaints, the allegations of which the defendants neither admit nor deny, the SEC alleged that, from approximately mid-1999 through mid-2001 or later, all of the firms engaged in acts and practices that created or maintained inappropriate influence by investment banking over research analysts, thereby imposing conflicts of interest on research analysts that the firms failed to manage in an adequate or appropriate manner. The Complaints also alleged supervisory deficiencies at every firm. In addition to these allegations, the Complaints included additional charges specific to each firm. According to the Complaints: * Salomon Smith Barney (now known as Citigroup Global Markets) ("SSB"), Credit Suisse First Boston ("CSFB") and Merrill Lynch issued fraudulent research reports in violation of Section 15(c) of the Securities Exchange Act of 1934 and Rule 15c1-2 thereunder as well as various state statutes; * Bear Stearns, CSFB, Goldman, Lehman, Merrill Lynch, Piper Jaffray, SSB and UBS Warburg (now known as UBS Securities) ("UBS") issued research reports that were not based on principles of fair dealing and good faith and did not provide a sound basis for evaluating facts, contained exaggerated or unwarranted claims about the covered companies, and/or contained opinions for which there were no reasonable bases in violation of New York Stock Exchange ("NYSE") Rules 401, 472 and 476(a)(6), and NASD, Inc., Rules 2110 and 2210 as well as state ethics statutes; * UBS and Piper Jaffray received payments for research without disclosing such payments in violation of Section 17(b) of the Securities Act of 1933 as well as NYSE Rules 476(a)(6), 401 and 472 and NASD Rules 2210 and 2110. Those two firms, as well as Bear Stearns, J.P. Morgan and Morgan Stanley, made undisclosed payments for research in violation of NYSE Rules 476(a)(6), 401 and 472 and NASD Rules 2210 and 2110 and state statutes; and * SSB and CSFB engaged in inappropriate spinning of "hot" Initial Public Offering ("IPO") allocations in violation of NYSE and NASD rules requiring adherence to high business standards and just and equitable principles of trade, and the firms' books and records relating to certain transactions violated the broker-dealer record-keeping provisions of Section 17(a) of the Securities Exchange Act of 1934, NYSE Rule 440 and NASD Rule 3110. The Complaint against Grubman alleged that Grubman, a former SSB research analyst covering the telecommunications sector, issued research reports that were fraudulent, misleading, or that were not based on principles of fair dealing and good faith and did not provide a sound basis for evaluating facts, contained exaggerated or unwarranted claims about the companies, and/or contained opinions for which there was no reasonable basis under SSB's name. As a result, the Complaint alleges, Grubman aided and abetted SSB's violations of Section 15(c) of the Exchange Act and Rule 15c1-2 thereunder, which are antifraud provisions of the federal securities laws relating to broker-dealers, and violated NASD and NYSE rules as well as New York State law. The Complaint against Blodget alleged that Blodget issued fraudulent research under the name of his former employer, Merrill Lynch, as well as research in which he expressed views that were inconsistent with privately expressed negative views. As a result, the Complaint alleges, Blodget aided and abetted Merrill Lynch's violations of the broker- dealer antifraud provisions of the federal securities laws as well as NASD and NYSE rules. The Terms of the Final Judgments and Orders The Final Judgments, Orders Regarding Distribution Fund Plan and Orders Regarding Investor Education entered today are substantially similar to the final judgments originally submitted to the Court. In particular, they impose the identical injunctive relief and monetary sanctions, and they impose the same requirements regarding separation of research and banking, disclosure, transparency and independent research. Under the terms of the Final Judgments and Orders that Judge Pauley approved today, the ten firms, Grubman and Blodget will pay a total of $894 million in penalties and disgorgement, consisting of $397 million in disgorgement and $497 million in penalties (which includes Merrill Lynch's previous payment of $100 million in connection with its prior settlement with the states relating to research analyst conflicts of interest). Half of the $775 million payment by the firms other than Merrill Lynch will be paid in resolution of actions brought by the SEC, NYSE and NASD and will be put into Distribution Funds to benefit customers of those firms. Half of Grubman's $15 million total payment will be added to the SSB Distribution Fund. The SEC will in the future propose a plan of distribution for Blodget's $4 million payment; that plan must be approved by the Court. The remainder of the funds has been paid or will be paid to the states. In addition, the Final Judgments require the firms to make payments totaling $432.5 million to fund independent research. Further, seven of the firms will make payments of $80 million to fund and promote investor education. $52.5 million of these funds will be put into an Investor Education Fund that will develop and support programs designed to equip investors with the knowledge and skills necessary to make informed decisions. The remaining $27.5 million will be paid to state securities regulators and used for investor education purposes. In addition to the monetary payments, the firms are required to undertake dramatic reforms to their future practices, including separating their research and investment banking departments and making independent research available to investors. Among other significant reforms included in the Final Judgments as to the firms are the following: * To ensure that stock recommendations are not tainted by efforts to obtain investment banking fees, research analysts will be insulated from investment banking pressure. The firms will be required to sever the links between research and investment banking, including prohibiting analysts from receiving compensation for investment banking activities, and prohibiting analysts' involvement in investment banking "pitches" and "roadshows." * To ensure that individual investors get access to objective investment advice, the firms will be obligated to furnish independent research. For a five-year period, each of the firms will be required to contract with no fewer than three independent research firms that will make available independent research to the firm's customers. An independent consultant for each firm will have final authority to procure independent research. * To enable investors to evaluate and compare the performance of analysts, research analysts' historical ratings will be disclosed. Each firm will make its analysts' historical ratings and price target forecasts publicly available. Key Differences Between the Final Judgments and Orders Entered Today and Those Originally Proposed There are four primary differences between the Final Judgments and Orders entered today and the original proposed judgments. First, the Orders Regarding Distribution Fund Plan provide further details as to investors who may be eligible to receive proceeds from the Distribution Funds. The Final Judgments for each firm (other than Merrill Lynch) state that, to be an eligible recipient from that firm's Distribution Fund, a person must have purchased "equity securities in question" through that firm during the "relevant period of purchase." The Orders Regarding Distribution Fund Plan list the specific "equity securities in question" for each firm and the "relevant period of purchase" for each such equity security. The Orders state that the identification of "equity securities in question" and "relevant periods of purchase" is solely for the purpose of facilitating the efficient administration of the Distribution Fund Plans, is not a judicial or Commission finding, and is not intended to have precedential effect in other actions. Second, the Orders Regarding Investor Education call for the establishment of a new Investor Education Entity, which may remain in existence for an indefinite period. As mentioned above, the Investor Education Entity will fund worthy and cost-efficient programs from the Investor Education Fund created as a result of the firms' investor education payments. These programs will be designed to equip investors with the knowledge and skills necessary to make informed investment decisions. The Investor Education Entity will be organized as a tax exempt organization pursuant to Section 501(c) of the Internal Revenue Code and will be structured so that it can receive additional money from sources other than the investor education payments that the firms are required to make under the Final Judgments. The Entity will have a Chairman, a Board of Directors and an Executive Director, who will oversee its day-to-day operations. Within the next 90 days, the Commission will propose an Investor Education Plan that will, among other things, provide further details on the structure and operation of the Investor Education Entity. Third, the Final Judgments require the defendants to make their Distribution Fund and investor education payments to accounts established at the Federal Reserve Bank of New York ("FRB-NY"). The original proposed judgments had called for those payments to be made to the Court Registry Investment System ("CRIS"). As the Court pointed out in its June 2, 2003 Order in these actions, however, an affiliate of one of the defendants manages the CRIS accounts for the U.S. Courts and derives certain fees for its activities, thus creating a potential conflict of interest. Accordingly, the Court suggested, and the parties agreed to, the establishment of accounts at the FRB-NY. Fourth, the Final Judgments call for a smaller administrative fee to be paid to the Court Clerk than did the original proposed judgments. This will allow more money to be provided to investors. Federal law requires court registry funds, such as the Distribution Funds, to pay a fee usually equal to ten percent of the income earned on the funds to the Court Clerk. The Court suggested that the Commission petition the Administrative Office of the U.S. Courts ("AOUSC") for a reduction in the fee. The Commission did so, and the AOUSC approved a reduction in the fee for the Distribution Funds to four percent of the income earned on the funds. The Final Judgments reflect this reduction. The Commission acknowledges the assistance of NASD, NYSE, and state securities regulators in the investigation of this matter. [SEC v. Bear, Stearns & Co. Inc., No. 03 Civ. 2937 (WHP) (S.D.N.Y.)]; [SEC v. Jack Benjamin Grubman, No. 03 Civ. 2938 (WHP) (S.D.N.Y.)]; [SEC v. J.P. Morgan Securities Inc., No. 03 Civ. 2939 (WHP) (S.D.N.Y.)]; [SEC v. Lehman Brothers, Inc., No. 03 Civ. 2940 (WHP) (S.D.N.Y.)]; [SEC v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, No. 03 Civ. 2941 (WHP) (S.D.N.Y.)]; [SEC v. U.S. Bancorp Piper Jaffray, Inc., No. 03 Civ. 2942 (WHP) (S.D.N.Y.)]; [SEC v. UBS Securities LLC, f/k/a UBS Warburg LLC, No. 03 Civ. 2943 (WHP) (S.D.N.Y.)]; [SEC v. Goldman, Sachs & Co., No. 03 Civ. 2944 (WHP) (S.D.N.Y.)]; [SEC v. Citigroup Global Markets Inc., f/k/a Salomon Smith Barney Inc., No. 03 Civ. 2945 (WHP) (S.D.N.Y.)]; [SEC v. Credit Suisse First Boston LLC, f/k/a Credit Suisse First Boston Corporation, No. 03 Civ. 2946 (WHP) (S.D.N.Y.)]; [SEC v. Henry McKelvey Blodget, No. 03 Civ. 2947 (WHP) (S.D.N.Y.)]; [SEC v. Morgan Stanley & Co. Incorporated, No. 03 Civ. 2948 (WHP) (S.D.N.Y.)] (LR-18438) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-PCX-2003-58) filed by the Pacific Exchange amending its Schedule of Fees and Charges to eliminate the Order Cancellation Fee, has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. (Rel. 34-48697) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change (SR-NYSE-2003-23), and Amendment No. 1 thereto, filed by the New York Stock Exchange, repealing NYSE Rule 500 and Amending Section 806 of the Listed Company Manual pursuant to Section 19(b)(2) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of Nov. 3, 2003. (Rel. 34-48720) WITHDRAWAL GRANTED An order has been issued granting the application of Lifestream Technologies, Inc. to withdraw its Common Stock, $.001 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on October 31. (Rel. 34-48719) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-8 IBIZ TECHNOLOGY CORP, 6239200 - 22,000,000 ($81,400.00) Equity, (File 333-110077 - Oct. 30) (BR. 03) S-3 NEXTEL PARTNERS INC, 4500 CARILLON POINT, KIRKLAND, WA, 98033, 4255763600 - 0 ($410,998,500.00) Equity, (File 333-110081 - Oct. 30) (BR. 37) S-4 AMERICAN CELLULAR CORP /DE/, 847-995-8770 - 0 ($900,000,000.00) Non-Convertible Debt, (File 333-110082 - Oct. 30) (BR. 37) S-8 MGI PHARMA INC, 5775 WEST OLD SHAKOPEE RD, SUITE 100, BLOOMINGTON, MN, 55437, 952-346-4700 - 0 ($12,136,250.00) Equity, (File 333-110083 - Oct. 30) (BR. 01) S-8 COWLITZ BANCORPORATION, 927 COMMERCE AVE, LONGVIEW, WA, 98632, 2064239800 - 500,000 ($4,625,000.00) Equity, (File 333-110084 - Oct. 30) (BR. 07) S-8 CANCERVAX CORP, 2110 RUTHERFORD, ROAD, CARLSBAD, CA, 92008, 7604944200 - 4,955,616 ($43,276,718.00) Equity, (File 333-110085 - Oct. 30) (BR. 01) S-8 CH ENERGY GROUP INC, 284 SOUTH AVE, POUGHKEEPSIE, NY, 12601, 9144522000 - 22,750,000 ($22,750,000.00) Other, (File 333-110086 - Oct. 30) (BR. 02) S-8 WRIGLEY WM JR CO, 410 N MICHIGAN AVE, WRIGLEY BUILDING, CHICAGO, IL, 60611, 3126442121 - 10,000,000 ($563,400,000.00) Equity, (File 333-110087 - Oct. 30) (BR. 04) S-8 NEWCOM INTERNATIONAL INC, 515 WEST PENDER STREET, VANCOUVER BRITISH COLUMBIA V6B 6H5, TUCSON, AZ, 85750, 1,000,000 ($2,400,000.00) Equity, (File 333-110088 - Oct. 30) (BR. 09) S-8 MPOWER HOLDING CORP, 171 SULLY'S TRAIL, STE 202, PITTSFORD, NY, 14534, 7162186550 - 500,000 ($740,000.00) Equity, (File 333-110089 - Oct. 30) (BR. 37) S-3 TARRANT APPAREL GROUP, 3151 EAST WASHINGTON BLVD, LOS ANGELES, CA, 90023, 2137808250 - 11,423,052 ($45,006,825.00) Equity, (File 333-110090 - Oct. 30) (BR. 02) S-4 BUCKEYE TECHNOLOGIES INC, PO BOX 80407, MEMPHIS, TN, 38108-0407, 9013208174 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-110091 - Oct. 30) (BR. 04) S-3 IMMUNE RESPONSE CORP, 5931 DARWIN COURT, CARLSBAD, CA, 92008, 7604317080 - 0 ($31,817,773.00) Equity, (File 333-110092 - Oct. 30) (BR. 01) S-8 HYPERION SOLUTIONS CORP, 1344 CROSSMAN AVE, SUNNYVALE, CA, 94089, 4087449500 - 1,954,318 ($50,759,253.19) Equity, (File 333-110093 - Oct. 30) (BR. 03) S-3 BAUSCH & LOMB INC, BAUSCH & LOMB INCORPORATED, ONE BAUSCH & LOMB PLACE, ROCHESTER, NY, 14604-2701, 5853386000 - 0 ($160,000,000.00) Debt Convertible into Equity, (File 333-110094 - Oct. 30) (BR. 36) S-1 CROSSTEX ENERGY INC, C/O CROSSTEX ENERGY, INC., 2501 CEDAR SPRINGS STE 600, DALLAS, TX, 75201, 2149539500 - 0 ($50,000,000.00) Equity, (File 333-110095 - Oct. 30) (BR. ) S-3 AVITAR INC /DE/, 65 DAN ROAD, SUITE 202, CANTON, MA, 02021, 7818212440 - 15,359,448 ($2,457,512.00) Equity, (File 333-110096 - Oct. 30) (BR. 36) S-4 RURAL CELLULAR CORP, 3905 DAKOTA ST SW, P O BOX 2000, ALEXANDRIA, MN, 56308, 3207622000 - 0 ($325,000,000.00) Non-Convertible Debt, (File 333-110097 - Oct. 30) (BR. 37) S-8 NASH FINCH CO, 7600 FRANCE AVE, PO BOX 355, SOUTH MINNEAPOLIS, MN, 55435-0355, 6128320534 - 0 ($10,826,797.00) Equity, (File 333-110098 - Oct. 30) (BR. 04) SB-2 CADENCE RESOURCES CORP, 6 EAST ROSE ST, WALLA WALLA, WA, 99362, 509-526-3491 - 3,416,040 ($9,821,115.00) Equity, (File 333-110099 - Oct. 30) (BR. 04) S-3 FIRST HORIZON ASSET SECURITIES INC, 4000 HORIZON WAY, IRVING, TX, 75063, 9724845600 - 6,000,000,000 ($6,000,000,000.00) Asset-Backed Securities, (File 333-110100 - Oct. 30) (BR. 05) N-2 SCUDDER RREEF REAL ESTATE FUND INC, 875 N MICHIGAN, CHICAGO, IL, 60611, 8888978480 - 0 ($1,000,000.00) Equity, (File 333-110101 - Oct. 30) (BR. 18) S-8 MASCO CORP /DE/, 21001 VAN BORN RD, TAYLOR, MI, 48180, 3132747400 - 0 ($529,800,000.00) Equity, (File 333-110102 - Oct. 30) (BR. 06) S-3 SPECTRUM PHARMACEUTICALS INC, 157 TECHNOLOGY DR, IRVINE, CA, 92618, 9497886700 - 0 ($54,373,809.00) Equity, (File 333-110103 - Oct. 30) (BR. 01) S-8 ARI NETWORK SERVICES INC /WI, 11425 WEST LAKE PARK DRIVE, SUITE 900, MILWAUKEE, WI, 53224-3025, 414 973-4300 - 1,100,000 ($1,012,000.00) Equity, (File 333-110104 - Oct. 30) (BR. 03) S-8 FORD MOTOR CO, ONE AMERICAN ROAD, DEARBORN, MI, 48126, 3133223000 - 35,000,000 ($421,575,000.00) Equity, (File 333-110105 - Oct. 30) (BR. 05) S-8 ANDRX CORP /DE/, 4955 ORANGE DRIVE, DAVIE, FL, 33314, 9545840300 - 0 ($4,482,500.00) Equity, (File 333-110106 - Oct. 30) (BR. 01) S-3 MICROSOFT CORP, ONE MICROSOFT WAY #BLDG 8, NORTH OFFICE 2211, REDMOND, WA, 98052, 4258828080 - 1,711,280 ($46,050,544.00) Equity, (File 333-110107 - Oct. 30) (BR. 03) S-4 SWIFT & CO, 1770 PROMONTORY CIRCLE, GREELEY, CO, 80634, 9705068000 - 0 ($150,000,000.00) Non-Convertible Debt, (File 333-110108 - Oct. 30) (BR. 04) S-3 VIRAGEN INC, 865 SW 78TH AVENUE, SUITE 100, PLANTATION, FL, 33324, 9542338746 - 0 ($9,233,241.00) Equity, (File 333-110109 - Oct. 30) (BR. 01) S-8 NORTHFIELD LABORATORIES INC /DE/, 1560 SHERMAN AVE, SUITE 1000, EVANSTON, IL, 60201-4800, 8478643500 - 0 ($4,492,500.00) Equity, (File 333-110110 - Oct. 30) (BR. 01) S-3 WJ COMMUNICATIONS INC, 401 RIVER OAKS PARKWAY, SAN JOSE, CA, 95134, 408-577-6200 - 0 ($84,000,000.00) Equity, (File 333-110111 - Oct. 30) (BR. 36) SB-2 AMBIENT CORP /NY, 270 MAIDOSN AVENUE, BUILDING ONE, NEW YORK, NY, 10016, 8888610205 - 171,107,256 ($51,103,131.00) Equity, (File 333-110112 - Oct. 30) (BR. 37) 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. Item 10. Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics. Item 11. Temporary Suspension of Trading Under Registrant's Employee Benefit Plans. Item 12. Results of Operations and Financial Condition. 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 10 11 12 13 DATE COMMENT ------------------------------------------------------------------------------------------------ 1ST SOURCE CORP IN X X 09/30/03 724 SOLUTIONS INC X X 10/29/03 8X8 INC /DE/ DE X X 10/30/03 ABIOMED INC DE X X 10/30/03 ABN AMRO MORT CORP MULTI CLASS MORT P DE X 10/01/03 ABN AMRO MORTGAGE CORP MULTI CLA MOR DE X 10/01/03 ACTION PRODUCTS INTERNATIONAL INC FL X X 10/29/03 ACTIVCARD CORP DE X X 10/30/03 ADVANCE AUTO PARTS INC DE X X 10/29/03 ADVANSTAR COMMUNICATIONS INC NY X X 10/30/03 AEGIS ASSESSMENTS INC DE X 10/13/03 AEROCENTURY CORP DE X 10/28/03 AETNA INC /PA/ PA X 10/30/03 AFLAC INC GA X X 10/30/03 AGILYSYS INC OH X 10/30/03 AGL RESOURCES INC GA X X 10/30/03 AIRGAS INC DE X X 10/29/03 ALAMOSA DELAWARE INC DE X X 10/30/03 ALAMOSA HOLDINGS INC DE X X 10/30/03 ALASKA COMMUNICATIONS SYSTEMS GROUP I DE X X 10/30/03 ALKERMES INC PA X 10/29/03 ALKERMES INC PA X X 10/29/03 ALLETE INC MN X 10/30/03 ALLIANCE BANCORP OF NEW ENGLAND INC DE X X 10/30/03 ALLIANCE CAPITAL MANAGEMENT HOLDING L DE X X X X 10/30/03 ALLIANCE CAPITAL MANAGEMENT L P DE X X X X 10/30/03 ALLIANT ENERGY CORP WI X X 10/30/03 ALLIANT TECHSYSTEMS INC DE X X X 10/30/03 ALTERNET SYSTEMS INC NV X 10/30/03 AMB FINANCIAL CORP DE X X 10/28/03 AMERIANA BANCORP IN X X 10/30/03 AMERICAN AXLE & MANUFACTURING HOLDING DE X X 10/30/03 AMERICAN BILTRITE INC DE X X 10/27/03 AMERICAN PHYSICIANS CAPITAL INC MI X X 10/30/03 AMERICAN POWER CONVERSION CORPORATION MA X 10/30/03 AMERICAN RIVER HOLDINGS CA X X 10/29/03 AMERICAN STATES WATER CO CA X 10/30/03 AMERICAN TOWER CORP /MA/ DE X X X 10/30/03 AMERICAN UNITED GLOBAL INC DE X 10/23/03 AMERIGROUP CORP X X 10/29/03 ANALEX CORP NY X X 10/30/03 ANDRX CORP /DE/ DE X X 10/30/03 APAC CUSTOMER SERVICE INC IL X X 10/29/03 APPLEBEES INTERNATIONAL INC DE X 10/29/03 APPLIANCE RECYCLING CENTERS OF AMERIC MN X X 10/29/03 APPLICA INC FL X 10/30/03 APPLIED IMAGING CORP DE X X 10/30/03 AMEND ARGONAUT TECHNOLOGIES INC DE X 10/30/03 ARLINGTON HOSPITALITY INC DE X X 10/29/03 ART BOUTIQUE INC WY X X X 10/30/03 ARTESIAN RESOURCES CORP DE X 09/30/03 ARTISOFT INC DE X 10/30/03 ASBURY AUTOMOTIVE GROUP INC DE X 09/30/03 ASSOCIATED ESTATES REALTY CORP OH X 09/30/03 ATRIX LABORATORIES INC DE X 10/30/03 AUTONATION INC /FL DE X 10/30/03 AVIALL INC DE X 10/29/03 AVNET INC NY X 10/30/03 AXEDA SYSTEMS INC DE X 10/29/03 AXS ONE INC DE X X 10/29/03 BAKER HUGHES INC DE X X 10/30/03 BANK MUTUAL CORP X X 10/29/03 BANKRATE INC FL X X 10/28/03 BAR HARBOR BANKSHARES ME X 10/30/03 BARRETT BUSINESS SERVICES INC MD X X 10/29/03 BAUSCH & LOMB INC NY X 10/30/03 BAY VIEW CAPITAL CORP DE X X 10/28/03 BEAR STEARNS ASSET BACKED SECURITIES DE X X 10/20/03 BECKMAN COULTER INC DE X X 10/30/03 BEI TECHNOLOGIES INC DE X 10/30/03 BIOPURE CORP DE X 10/30/03 BMC SOFTWARE INC DE X X 10/30/03 BOTTOMLINE TECHNOLOGIES INC /DE/ DE X 10/30/03 BOWATER INC DE X X 09/30/03 BOWNE & CO INC DE X X 10/29/03 BOYDS COLLECTION LTD X X 10/30/03 BRIGHTSTAR INFORMATION TECHNOLOGY GRO DE X X 10/29/03 BRILLIAN CORP DE X 10/30/03 BRINKS CO VA X 10/30/03 BROADWAY FINANCIAL CORP \DE\ DE X X 09/30/03 BROADWAY FINANCIAL CORP \DE\ DE X X 09/30/03 BROOKS AUTOMATION INC DE X X 10/03/03 BRUSH ENGINEERED MATERIALS INC X 10/30/03 CABOT OIL & GAS CORP DE X X 10/29/03 CADMUS COMMUNICATIONS CORP/NEW VA X X 10/30/03 CAMCO FINANCIAL CORP DE X X 10/24/03 CAPITAL BANK CORP NC X X 10/24/03 CAPITAL ONE FINANCIAL CORP DE X X 10/29/03 CAPITAL ONE FINANCIAL CORP DE X 10/30/03 CAPITOL FEDERAL FINANCIAL X 10/29/03 CAPTARIS INC WA X X 10/30/03 CARE CONCEPTS I INC /FL/ DE X X 10/30/03 CARRIAGE SERVICES INC DE X X 10/29/03 CARROLLTON BANCORP MD X X 10/29/03 CATAPULT COMMUNICATIONS CORP CA X X 10/30/03 CBL & ASSOCIATES PROPERTIES INC DE X 09/30/03 CBQ INC CO X 09/22/03 CCA INDUSTRIES INC DE X 10/29/03 CENTERPOINT PROPERTIES TRUST MD X X 10/15/03 CENTRAL BANCORP INC /MA/ MA X X 10/28/03 CENTRUE FINANCIAL CORP DE X X 10/29/03 CENTRUE FINANCIAL CORP DE X X 10/30/03 CENTURY BUSINESS SERVICES INC DE X X 10/28/03 CENTURY CASINOS INC /CO/ DE X 10/29/03 CENTURY CONTROLS INC X X 10/27/03 CENTURYTEL INC LA X 09/30/03 CERUS CORP DE X X X 10/30/03 CFC INTERNATIONAL INC DE X 09/30/03 CHAMPIONSHIP AUTO RACING TEAMS INC DE X X 10/30/03 CHARLES RIVER LABORATORIES INTERNATIO X X 10/29/03 CHASE FUNDING INC NY X X 10/27/03 CHASE MORTGAGE FINANCE CORP DE X X 10/27/03 CHESAPEAKE ENERGY CORP OK X 10/30/03 CHICAGO BRIDGE & IRON CO N V X 10/29/03 CHIQUITA BRANDS INTERNATIONAL INC NJ X 10/30/03 CHRONIMED INC MN X X 10/29/03 CHUBB CORP NJ X 10/29/03 CIBER INC DE X X 10/30/03 CIBER INC DE X X 10/24/03 CIMA LABS INC DE X X 10/30/03 CINCINNATI BELL INC OH X X 10/30/03 CINCINNATI BELL INC OH X X 10/30/03 CIPHERGEN BIOSYSTEMS INC DE X 10/30/03 CITIGROUP INC DE X 10/24/03 CITIGROUP INC DE X 10/24/03 CLAIBORNE LIZ INC DE X X 10/30/03 COINSTAR INC DE X X 10/30/03 COLLEGIATE PACIFIC INC DE X 10/30/03 COLUMBIA SPORTSWEAR CO OR X X 10/23/03 COMCAST CORP PA X X 10/30/03 COMMERCE BANCORP INC /NJ/ NJ X 10/30/03 COMMERCE GROUP INC /MA MA X 10/30/03 COMMERCIAL FEDERAL CORP NE X X 10/29/03 COMMERCIAL NATIONAL FINANCIAL CORP /P PA X 09/30/03 COMPUCOM SYSTEMS INC DE X X 10/28/03 COMPX INTERNATIONAL INC DE X X 10/29/03 CONAGRA FOODS INC /DE/ DE X X 10/30/03 CONCEPTUS INC DE X X X 10/30/03 CONGOLEUM CORP DE X X 10/27/03 CONSTELLATION ENERGY GROUP INC MD X X 10/29/03 CORPORATE ASSET BACKED CORP DE X X 10/15/03 CORPORATE OFFICE PROPERTIES TRUST MD X 10/29/03 COVENTRY HEALTH CARE INC DE X X 09/30/03 CRAY INC WA X X 10/30/03 CRIIMI MAE INC MD X 10/30/03 CROWN FINANCIAL GROUP INC NJ X X 10/28/03 CSFB MORTGAGE SEC CORP HOME EQ MORT P DE X X 10/27/03 CSFB MORTGAGE-BACKED PASS-THROUGH CER DE X X 10/27/03 CUMMINS INC IN X X 10/29/03 CWABS INC DE X X 10/30/03 CWMBS INC DE X 10/20/03 CWMBS INC DE X 10/30/03 CWMBS INC DE X 10/30/03 CWMBS INC DE X 10/30/03 CWMBS INC DE X 10/30/03 CWMBS INC DE X 10/30/03 CWMBS INC DE X 10/30/03 CYANOTECH CORP NV X 10/30/03 CYBEROPTICS CORP MN X X 10/30/03 DATAKEY INC MN X X 10/30/03 DEPARTMENT 56 INC DE X X 10/29/03 DIAMONDCLUSTER INTERNATIONAL INC DE X X 10/30/03 DIGITAL THEATER SYSTEMS INC DE X 10/30/03 DIGITAL THEATER SYSTEMS INC DE X X 10/30/03 DIGITALNET HOLDINGS INC DE X X 10/30/03 DOANE PET CARE CO DE X X 10/30/03 DOVER DOWNS GAMING & ENTERTAINMENT IN DE X X 10/30/03 DOVER MOTORSPORTS INC DE X X 10/30/03 DTE ENERGY CO MI X X 10/30/03 DUKE ENERGY CORP NC X X 10/30/03 DURASWITCH INDUSTRIES INC NV X 10/30/03 DYAX CORP DE X 10/30/03 DYNEGY INC /IL/ IL X X 10/30/03 E COM VENTURES INC FL X 10/28/03 EAGLE BROADBAND INC TX X 10/28/03 EDWARDS LIFESCIENCES CORP DE X X 10/29/03 EGAMES INC PA X X 09/30/03 ENERGY WEST INC MT X 10/30/03 ENPRO INDUSTRIES INC NC X X 10/30/03 EP MEDSYSTEMS INC NJ X 10/29/03 EPIC FINANCIAL CORP NV X X 10/15/03 EQUITY ONE INC MD X X X 10/29/03 ERXSYS INC NV X 10/28/03 ESSEX PROPERTY TRUST INC MD X X 09/30/03 EVERCEL INC DE X 10/30/03 EVERGREEN RESOURCES INC CO X 10/29/03 EXACTECH INC FL X X X 10/29/03 EXPRESS SCRIPTS INC DE X X X 09/30/03 EXXON MOBIL CORP NJ X X 10/30/03 F5 NETWORKS INC WA X X 10/29/03 F5 NETWORKS INC WA X 10/29/03 FARMERS & MERCHANTS BANCORP DE X 09/30/03 FARO TECHNOLOGIES INC FL X X 10/30/03 FEDERAL NATIONAL MORTGAGE ASSOCIATION X X 10/16/03 AMEND FELCOR LODGING TRUST INC MD X 10/29/03 FFD FINANCIAL CORP/OH OH X X 10/28/03 FIDELITY FEDERAL BANCORP IN X X 10/29/03 FINANCIAL ASSET SEC CORP FREMONT HOME DE X 10/27/03 FINANCIAL INDUSTRIES CORP TX X X 10/29/03 FINDWHAT COM INC NV X X 10/29/03 FIRST HORIZON ASSET SECURITIES INC DE X X 10/30/03 FIRST NATIONAL BANKSHARES CORP WV X 09/30/03 FIRST POTOMAC REALTY TRUST MD X X 10/29/03 FIRST SOUTH BANCORP INC /VA/ VA X X 10/29/03 FISHER SCIENTIFIC INTERNATIONAL INC DE X 10/28/03 FISHER SCIENTIFIC INTERNATIONAL INC DE X X 10/29/03 FLEETWOOD ENTERPRISES INC/DE/ DE X 10/30/03 FMC CORP DE X 10/29/03 FREMONT HOME LOAN TRUST 2003-3 ASSET DE X 10/27/03 FROZEN FOOD EXPRESS INDUSTRIES INC TX X 10/30/03 GALA HOLDING CORP FL X X X 01/14/03 GARTNER INC DE X X 10/30/03 GATEWAY FINANCIAL HOLDINGS INC NC X X 10/24/03 GE COMMERCIAL MORT PASS THROUGH CERTS DE X 10/01/03 AMEND GEN PROBE INC DE X X 10/30/03 GENENCOR INTERNATIONAL INC DE X X 10/30/03 GENERAL DATACOMM INDUSTRIES INC DE X X 10/01/03 AMEND GENESEE & WYOMING INC DE X X 10/30/03 GENTIVA HEALTH SERVICES INC DE X X 10/30/03 GLOBAL GOLF HOLDINGS INC /DE/ DE X 08/31/03 GMACM HOME EQUITY LOAN BACKED TERM NO DE X 10/27/03 GMACM HOME EQUITY LOAN TRUST 2003-HE2 DE X 10/27/03 GOODRICH CORP NY X 10/30/03 GREAT WEST LIFE & ANNUITY INSURANCE C CO X X X 09/30/03 GREENPOINT MORT SEC INC MORT BACK PS DE X X 10/27/03 GROUP 1 AUTOMOTIVE INC DE X X 10/30/03 GS MORTGAGE SEC CORP MORT PASS THR CE DE X X 10/27/03 GS MORTGAGE SEC CORP MORTGAGE PASS TH DE X X 10/27/03 GS MORTGAGE SECURITIES CORP DE X X 10/30/03 GS MORTGAGE SECURITIES CORP DE X X 10/29/03 GS MORTGAGE SECURITIES CORP GSRPM MOR DE X X 10/27/03 GUARANTY BANCSHARES INC /TX/ TX X X 10/29/03 GUITAR CENTER INC DE X X 10/30/03 GULFMARK OFFSHORE INC DE X 10/30/03 GWL&A FINANCIAL INC DE X X X 09/30/03 HAIN CELESTIAL GROUP INC DE X 10/30/03 HALIFAX CORP VA X X 10/30/03 HALLIBURTON CO DE X 10/28/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 10/15/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 10/15/03 HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 10/15/03 HAWTHORNE FINANCIAL CORP CA X X 10/23/03 HEALTH CARE REIT INC /DE/ DE X X 10/29/03 HEALTHRENU MEDICAL INC CO X 10/08/03 HEI INC MN X X 10/29/03 HEIDRICK & STRUGGLES INTERNATIONAL IN DE X X 10/30/03 HEMISPHERX BIOPHARMA INC DE X X 10/29/03 HFB FINANCIAL CORP TN X X 10/29/03 HFB FINANCIAL CORP TN X X 10/28/03 HOME EQUITY MORTGAGE PASS-THROUGH CER DE X X 10/27/03 HOOPER HOLMES INC NY X X 10/28/03 HORIZON MEDICAL PRODUCTS INC GA X X 10/28/03 HUB INTERNATIONAL LTD X 10/30/03 IDENTIX INC DE X X 10/30/03 IGATE CORP PA X X 10/30/03 IGEN INTERNATIONAL INC /DE DE X 10/30/03 IMC GLOBAL INC DE X X 10/23/03 IMCO RECYCLING INC DE X 10/29/03 IMH ASSETS CORP IMPAC CMB TRUST SERIE DE X 10/27/03 IMPAC MEDICAL SYSTEMS INC X X 10/30/03 INDEPENDENCE HOLDING CO DE X 09/30/03 INGRAM MICRO INC DE X X 10/30/03 INPUT OUTPUT INC DE X 10/29/03 INSIGHT ENTERPRISES INC DE X X 10/30/03 INSIGHTFUL CORP DE X X 10/30/03 INTEGRAMED AMERICA INC DE X X 10/30/03 INTEGRATED SILICON SOLUTION INC DE X X 10/30/03 INTERACTIVE MOTORSPORTS & ENTERTAINME IN X 10/01/03 INTERGRAPH CORP DE X 10/30/03 INTERMUNE INC DE X 10/30/03 INTERNATIONAL SPECIALTY HOLDINGS INC X 09/28/03 INTERNATIONAL SPEEDWAY CORP FL X 10/30/03 INTERNET COMMERCE CORP DE X X X 10/29/03 INVERESK RESEARCH GROUP INC DE X 07/29/03 AMEND INVESTORS TITLE CO NC X 10/29/03 IVAX CORP FL X 10/30/03 IXYS CORP /DE/ DE X X 10/30/03 JONES SODA CO WA X X 10/30/03 KANEB PIPE LINE OPERATING PARTNERSHIP DE X 10/29/03 KANEB PIPE LINE PARTNERS L P DE X 09/30/03 KANEB SERVICES LLC DE X 10/29/03 KING POWER INTERNATIONAL GROUP CO LTD NV X X 10/30/03 KROLL INC DE X X X 10/30/03 LA QUINTA CORP DE X X 10/30/03 LABOR READY INC WA X X 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