SEC NEWS DIGEST Issue 2004-110 June 8, 2004 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS Following is a schedule of Commission meetings, which will be conducted under provisions of the Government in the Sunshine Act. Meetings will be scheduled according to the requirements of agenda items under consideration. Open meetings will be held in the William O. Douglas Room, Room 1C30, at the Commission's headquarters building, 450 Fifth Street, N.W., Washington, D.C. Visitors are welcome at all open meetings, insofar as space is available. Persons wishing to photograph or videotape Commission meetings must obtain permission in advance from the Secretary of the Commission. Persons wishing to tape record a Commission meeting should notify the Secretary's office 48 hours in advance of the meeting. Any member of the public who requires auxiliary aids such as a sign language interpreter or material on tape to attend a public meeting should contact Rochelle Franks, Office of Administrative and Personnel Management, to make arrangements. Ms. Franks can be reached at TTY number (202) 942-9558. If you are calling from a non-TTY number, please call the Relay Service at 1-800-877-8339. CHANGE IN THE MEETING: DATE AND TIME CHANGE The open meeting scheduled for Wednesday, June 9, 2004, at 10:00 a.m., has been changed to Wednesday, June 23, 2004, at 9:30 a.m. OPEN MEETING - TUESDAY, JUNE 15, 2004 - 10:00 A.M. The subject matter for the open meeting scheduled for Tuesday, June 15, will be: 1. The Commission will hear oral argument on an appeal by Edgar B. Alacan (Alacan), a former registered representative of J.W. Barclay & Co., Inc., a former broker-dealer, from the decision of an administrative law judge. The law judge found that Alacan violated antifraud provisions of the federal securities laws through unauthorized trading, unsuitable trading, churning, and failures to follow customers' instructions in connection with his handling of the accounts of several customers during 1997 and 1998. Among the issues likely to be argued are: a. Whether the evidence supports the law judge's findings that Alacan violated the antifraud provisions; b. Whether and to what extent sanctions should be imposed in the public interest. CLOSED MEETING - TUESDAY, JUNE 15, 2004 - 11:00 A.M. The subject matter for the closed meeting scheduled for Tuesday, June 15, will be: Post-argument discussion. CLOSED MEETING - THURSDAY, JUNE 17, 2004 - 2:00 P.M. The subject matter for the closed meeting scheduled for Thursday, June 17, will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Litigation matter; and Amici. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942-7070. MARK SCHONFELD NAMED REGIONAL DIRECTOR OF SEC'S NORTHEAST REGIONAL OFFICE The Commission announced today the selection of Mark K. Schonfeld as the Regional Director of the Commission's Northeast Regional Office (NERO). The region is comprised of offices in New York City, Boston, Massachusetts and Philadelphia, Pennsylvania and has both enforcement and examination programs in thirteen states and the District of Columbia. Mr. Schonfeld will oversee these activities as they are conducted throughout the region. He succeeds Wayne Carlin, the former Regional Director, who is now in private practice. Mr. Schonfeld is currently one of two Associate Regional Directors for Enforcement in NERO. In that capacity, he co-managed a large staff of attorneys, accountants and investigators in the investigation and prosecution of securities fraud, including mutual fund trading practices, accounting fraud, insider trading, fraud by broker-dealers and investment advisers and Internet fraud. Prior to his appointment to his present post in 2001, he served in other positions of increasing responsibility in both NERO and the Boston District Office. Before joining the SEC, Mr. Schonfeld was a litigation associate with the law firm of Testa, Hurwitz & Thibeault from 1989 to 1996. He began his legal career as a law clerk for Judge Ellsworth A. Van Graafeiland of the U.S. Court of Appeals for the Second Circuit. Mr. Schonfeld has over 15 years of legal experience in federal securities law enforcement and litigation - eight of which have been with the Commission. As co-head of enforcement in New York for the last three years, he led the staff in bringing several of the Commission's major cases, including a $250 million settlement with Alliance Capital Management relating to mutual fund market timing, a $50 million settlement with Lehman Brothers relating to research analyst conflicts of interest, and a $100 million settlement with Credit Suisse First Boston relating to its IPO allocation practices. Mr. Schonfeld brought one of the Commission's first cases charging violations of Regulation FD against Raytheon Company and its chief financial officer. Mr. Schonfeld also led the staff in bringing several cases involving accounting fraud by public companies, including Trump Hotels & Casino Resorts, American International Group and Aurora Foods. Most recently, Mr. Schonfeld has been coordinating the Commission's nationwide investigations of mutual fund trading abuses. SEC Chairman William Donaldson said, "Mark brings a tremendous depth of experience and expertise to this important position. He is an excellent attorney and manager who has a proven track record of success both with the SEC and in private practice. Mark carries out his responsibilities with care, intelligence, and effectiveness. I am delighted to have a person of such high caliber and talent in this position at the SEC." SEC Director of Enforcement Steve Cutler added, "Having worked closely with Mark over the past few years, I have come to appreciate his outstanding legal and management skills, his superb judgment and his unflappable temperament. As an Associate Regional Director for Enforcement in the Northeast Regional Office, he has brought a number of the Commission's most significant enforcement actions. I am confident that he will be an excellent leader of our largest regional office." Mr. Schonfeld stated, "It is an honor to lead an office of such distinguished professionals. This office, at the center of the nation's financial markets, has been at the forefront of the SEC's enforcement and examination mission. I look forward to continuing that tradition and to meeting the challenges of the future." Mr. Schonfeld received his B.A. degree, summa cum laude, from the University of Rochester and his J.D. degree, cum laude, from Harvard Law School. (Press Rel. 2004-78) MERRI JO GILLETTE NAMED REGIONAL DIRECTOR OF THE SEC'S MIDWEST REGIONAL OFFICE The Commission announced today the selection of Merri Jo Gillette as Regional Director of the Commission's Midwest Regional Office (MRO). Ms. Gillette will oversee both enforcement and examination programs within the MRO's jurisdiction, which is comprised of nine states. She is expected to assume her new post in late June. Ms. Gillette succeeds Mary Keefe, the former Regional Director, who has taken a position in the private sector. Ms. Gillette is currently the Associate District Administrator for Enforcement in the Commission's Philadelphia District Office (PDO). She joined the SEC in 1986 as a staff attorney in the PDO and served in other enforcement positions of increasing responsibility in the PDO including Branch Chief from 1989 to 1990, Chief Trial Counsel from 1990 to 1994, Assistant Director from 1994 to 1998 and District Trial Counsel from 1998 to 2003. Over a period of 18 years, Ms. Gillette has investigated, litigated or supervised numerous enforcement matters alleging violations of each of the federal securities laws including many with precedent-setting outcomes. These include a financial fraud at the largest non-profit healthcare organization in Pennsylvania; the first case in which the Commission sued individual audit managers for fraud in connection with violations of GAAP and GAAS; a $71 million fraud by a Pennsylvania investment adviser who reinvested municipal bond offering proceeds on behalf of local school districts and municipalities; the first enforcement action against a face-amount certificate company; and SEC v. Zanford, a case involving fraud by a broker-dealer who stole customer funds. Ultimately, this case was appealed to the U.S. Supreme Court, which overturned the Fourth Circuit, holding that the "in connection with" requirement had been met and that the Commission had jurisdiction over such conduct. More recently, Ms. Gillette's enforcement group in Philadelphia participated in the Commission's nationwide enforcement initiative to clamp down on undisclosed revenue sharing arrangements in connection with the distribution and sales of mutual funds. Under her leadership, the PDO brought the first two enforcement actions in this area involving Morgan Stanley and Massachusetts Financial Services, Co. Her staff also sued Pilgrim Baxter & Associates, Ltd., adviser to the PBGH Funds, and its two principals, charging them with fraud and breach of fiduciary duty in connection with market timing of the PBGH Funds. And finally, the PDO enforcement staff, under Ms. Gillette's direction, brought two cases against broker-dealer firms for failing to disclose to customers that, in connection with recommendations to purchase Class B mutual fund shares, Class B shares are subject to higher annual fees that could have a negative impact on the customers' investment return. SEC Chairman William Donaldson said, "Merri Jo Gillette has distinguished herself as a manager and as a lawyer throughout her career with the Commission. As Associate District Administrator in charge of the Philadelphia District Office's enforcement program, Merri Jo has initiated a number of important cases that have made our markets safer for investors. I look forward to working closely with Merri Jo in her new position as the Regional Director of the SEC's Midwest Regional Office." SEC Director of Enforcement Steve Cutler stated, " Merri Jo is a lawyer of considerable talent who has played a large role in many of the successful cases brought by the Philadelphia District Office over the past several years. She will bring an enormous amount of energy, tenacity and passion to her new role as the leader of our Midwest Regional Office." Ms. Gillette added: "The Midwest Regional Office has long held an impressive record in accomplishing the SEC's mission. I look forward to joining their team of talented enforcement and examination professionals and to working with other federal and state law enforcement agencies throughout the Midwest region." Ms. Gillette received her BA degree from Northwestern University in 1979 and her JD from Dickinson School of Law in 1982. (Press Rel. 2004-79) RULES AND RELATED MATTERS DISCLOSURE OF BREAKPOINT DISCOUNTS BY MUTUAL FUNDS On May 26, 2004, the Commission adopted amendments to Form N-1A under the Securities Act of 1933 and the Investment Company Act of 1940 that require an open-end management investment company to provide enhanced prospectus disclosure regarding breakpoint discounts on front-end sales loads. (Rels. 33-8427; 34-49817; IC-26464) ENFORCEMENT PROCEEDINGS COMMISSION INSTITUTES ADMINISTRATIVE PROCEEDINGS AGAINST 31 COMPANIES THAT HAVE FAILED TO MAKE REQUIRED PERIODIC FILINGS Commission's Division of Enforcement Seeks to Revoke Securities Registrations for Failure to File Periodic Reports Commission Suspends Trading in 26 of 31 Delinquent Companies The Commission today instituted two separate public administrative proceedings pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act) against a total of thirty-one companies to determine whether the registration of their securities should be revoked or suspended for failure to file required periodic reports with the Commission in violation of Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder. Also today, the Commission temporarily suspended trading in the securities of twenty-six of these companies because there is a lack of current and accurate information concerning these issuers due to their failure to make periodic filings as required by Section 13(a) of the Exchange Act. In the Matter of Cybergate, Inc., et al., Administrative Proceeding File No. 3-11512 In this proceeding, the Commission issued an Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934 against the following issuers: Cybergate, Inc., Cyber Tennis, Inc., Cyberwholesale, Inc., CathayOne, Inc., eLocity Networks, Inc., Golden Opportunity Development Corp., J. A. B. Int'l, Inc., Maxx Int'l, Inc., Oasis Resorts Int'l, Inc., Rollerball Int'l, Inc., U.S. Homes & Properties, Inc., Wichita Development Corp., Youthline USA, Inc., and ATC II, Inc. In this Order, the Division of Enforcement alleges that the fourteen issuers are or were affiliated with Richard D. Surber of Salt Lake City, Utah, and that they are all delinquent in their periodic filings with the Commission in violation of Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder. The Division of Enforcement also alleges that each of the issuers failed to heed delinquency letters sent to them by the Commission's Division of Corporation Finance requesting compliance with their periodic filing obligations. In conjunction with this administrative proceeding, the Commission also temporarily suspended trading in the securities of CathayOne, Inc. (CATH), J. A. B. Int'l, Inc. (JABI), Maxx Int'l, Inc. (MXII), Oasis Resorts Int'l, Inc. (OSRI), Rollerball Int'l, Inc. (ROLL), U.S. Homes & Properties, Inc. (USHM), Wichita Development Corp. (WHDV), Youthline USA, Inc. (YLNE), and ATC II, Inc. (ATCA) for ten days because there is a lack of current and accurate information concerning the securities of these issuers because they are delinquent in their periodic filing obligations under Section 13(a) of the Exchange Act. The trading suspension commences at 9:30 a.m. EDT on June 8, 2004, and terminates at 11:59 p.m. EDT on June 21, 2004. In the Matter of Alcohol Sensors Int'l, Ltd., et al., Administrative Proceeding File No. 3-11513 In this proceeding, the Commission issued an Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934 against the following additional issuers: Alcohol Sensors Int'l, Ltd., Beachport Entertainment Corp., Biosonics, Inc., Compressent, Inc., Eye Cash Networks, Inc., Hamilton-Biophile Companies, Holly Holdings, Inc., Intelligent Decision Systems, Inc., Long Distance Direct Holdings, Inc., LRG Restaurant Group, Inc., Nevada Manhattan Group, Inc., Parallel Technologies, Inc., Quadratech, Inc., Redneck Foods, Inc., Safetech Industries, Inc., Viking Resources Int'l, Inc., and Xavier Corp. In this Order, the Division of Enforcement alleges that the seventeen issuers are all delinquent in their periodic filings with the Commission in violation of Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder. The Division of Enforcement also alleges that the Commission previously has obtained permanent injunctions against these issuers in the United States District Court for the District of Columbia, and that notwithstanding these injunctions, the issuers have continued to be delinquent in their required periodic filings with the Commission. In conjunction with this administrative proceeding, the Commission also temporarily suspended trading in the securities of Alcohol Sensors Int'l, Ltd. (ASIL), Beachport Entertainment Corp. (BPRT), Biosonics, Inc. (BISN), Compressent, Inc. (CSNE), Eye Cash Networks, Inc. (ECNI), Hamilton-Biophile Companies (HBPH), Holly Holdings, Inc. (HOPR and HOPRP), Intelligent Decision Systems, Inc. (IDSI), Long Distance Direct Holdings, Inc. (LDDI), LRG Restaurant Group, Inc. (LRGI), Nevada Manhattan Group, Inc. (NVMH), Parallel Technologies, Inc. (PLLK), Quadratech, Inc. (QUDT), Redneck Foods, Inc. (RDNK), Safetech Industries, Inc. (SFTH), Viking Resources Int'l, Inc. (VIKG), and Xavier Corp. (XVRC) because there is a lack of current and accurate information concerning the securities of these issuers because they are delinquent in their periodic filing obligations under Section 13(a) of the Exchange Act. The trading suspension commences at 9:30 a.m. EDT on June 8, 2004, and terminates at 11:59 p.m. EDT on June 21, 2004. Brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the Exchange Act, at the termination of the trading suspension, no quotation may be entered unless and until they have strictly complied with all of the provisions of the rule. If any broker or dealer has any questions as to whether or not he has complied with the rule, he should not enter any quotation but immediately contact the staff of the Securities and Exchange Commission in Washington, D.C. If any broker or dealer is uncertain as to what is required by Rule 15c2- 11, he should refrain from entering quotations relating to the securities of these companies until such time as he has familiarized himself with the rule and is certain that all of its provisions have been met. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action. If any broker dealer or other person has any information which may relate to this matter, they should immediately communicate it to the Delinquent Filings Branch of the Division of Enforcement at (202) 824- 5460, or by e-mail at DelinquentFilings@sec.gov. For further information contact: * Lawrence A. West, Associate Director, (202) 942-4822 * Charles J. Clark, Assistant Director, (202) 942-4731 Additional Materials Available at www.sec.gov * In the Matter of Cybergate, Inc., et al., Exchange Act Release No. 34-49823 (June 8, 2004) * Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Cybergate, Inc., et al., Administrative Proceedings File No. 3-11512 * Order of Suspension of Trading, CathayOne, Inc., J. A. B. Int'l, Inc., Maxx Int'l, Inc., Oasis Resorts Int'l, Inc., Rollerball Int'l, Inc., U.S. Homes & Properties, Inc., Wichita Development Corp., Youthline USA, Inc., and ATC II, Inc. * In the Matter of Alcohol Sensors Int'l, Ltd., et al., Exchange Act Release No. 34-49823 (June 8, 2004) * Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Alcohol Sensors Int'l, Ltd., et al., Administrative Proceedings File No. 3-11513 * Order of Suspension of Trading, Alcohol Sensors Int'l, Ltd., Beachport Entertainment Corp., Biosonics, Inc., Compressent, Inc., Eye Cash Networks, Inc., Hamilton-Biophile Companies, Holly Holdings, Inc., Intelligent Decision Systems, Inc., Long Distance Direct Holdings, Inc., LRG Restaurant Group, Inc., Nevada Manhattan Group, Inc., Parallel Technologies, Inc., Quadratech, Inc., Redneck Foods, Inc., Safetech Industries, Inc., Viking Resources Int'l, Inc., and Xavier Corp. (Rels. 34-49822; 34-49823; 34-49824; File No. 3-11512; File No. 3-11513) COMMISSION INSTITUTES AND SETTLES ADMINISTRATIVE PROCEEDINGS AGAINST FIDELITY NATIONAL CAPITAL INVESTORS, INC. On June 8, the Commission issued an order instituting and settling administrative proceedings (Order) pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) against Fidelity National Capital Investors, Inc., a registered broker-dealer, for failing to supervise one of its registered representatives who aided and abetted a Ponzi scheme operated by Mark Drucker (Drucker). The Order makes findings that from approximately June 1998 through September 1999, Drucker operated a Ponzi scheme out of a Fidelity brokerage account in his name where he day-traded options and equities. Drucker raised approximately $6.3 million and solicited investors by representing that they would receive returns on their investments of 50% or more in ninety days or less. The Order also makes findings that Drucker consistently lost money from his trading and was dependent on new money from investors to keep his Ponzi scheme from crashing. The Order makes findings that Fidelity failed reasonably to supervise Drucker's registered representative because it failed to establish an adequate system to implement procedures reasonably designed to detect and prevent violations of the securities laws. The Order also makes findings that Fidelity failed reasonably to supervise the activities of Drucker's registered representative with a view to preventing his willful aiding and abetting violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. (Rel. 34-49824; File No. 3-11514) SEC INSTITUTES PUBLIC ADMINISTRATIVE PROCEEDINGS AGAINST CHARLES CROUSE AND NORMAN HESS On June 8, the Commission entered an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b) and 21C of the Securities Exchange Act of 1934 against Charles W. Crouse (Crouse) and Norman R. Hess (Hess). The Division of Enforcement (Division) alleges, among other things, that Crouse, a registered representative at a broker- dealer, willfully aided and abetted and caused violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder in connection with a Ponzi scheme operated by Mark Drucker (Drucker), one of his customers. The Division also alleges that Hess, the former President of the broker- dealer and Crouse's direct supervisor, failed reasonably to supervise Crouse with a view toward preventing his willful aiding and abetting of the antifraud provisions of the federal securities laws. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Crouse and Hess an opportunity to dispute these allegations and to determine what remedial sanctions, if any, are appropriate and in the public interest. The Order requires the Administrative Law Judge to issue an initial decision no later than 300 days from the date of service of the Order, pursuant to Rule 360(a)(2) of the Commission's Rules of Practice. (Rel. 34-49829; File No. 3-11515) INVESTMENT COMPANY ACT RELEASES GLENBROOK LIFE DISCOVER VARIABLE ACCOUNT A An order has been issued on an application filed by Glenbrook Life Discover Variable Account A pursuant to Section 8(f) of the Investment Company Act declaring that it has ceased to be an investment company. (Rel. IC-26465 - June 7) HOLDING COMPANY ACT RELEASES EMERA INC., ET AL. A notice has been issued giving interested persons until June 29 to request a hearing on a proposal by Emera Inc. (Emera), a registered holding company under the Act, its direct and indirect subsidiary companies Emera US Holdings Inc., BHE Holdings Inc., Bangor Hydro- Electric Company and the direct and indirect subsidiary companies of Emera listed in Exhibit A to the application seeking authorization for certain financing and other transactions. (Rel. 35-27856) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-NYSE-2004-25) and Amendment No. 1 thereto filed by the New York Stock Exchange relating to the listed company fee exclusion for NYSEnetSM data has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 7. (Rel. 34- 49804) A proposed rule change (SR-Amex-2004-45) filed by the American Stock Exchange to extend Amex's pilot program under which it lists options on selected stocks trading below $20 at one-point intervals until June 5, 2005, has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 7. (Rel. 34-49813) A proposed rule change (SR-PCX-2004-39) and Amendment No. 1 thereto filed by the Pacific Exchange to extend until Aug. 4, 2004, the PCX's pilot program permitting the listing of options on selected stocks trading below $20 at one-point intervals has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 7. (Rel. 34-49818) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change (SR-Phlx-2004-22) submitted by the Philadelphia Stock Exchange relating to a disclaimer of liability on the SIG, Cable, Media & Entertainment Index. Publication is expected in the Federal Register during the week of June 7. (Rel. 34- 49807) PROPOSED RULE CHANGE The Chicago Board Options Exchange filed a proposed rule change (SR-CBOE- 2004-33) relating to the frequency of executions on the Hybrid Trading System. Publication is expected in the Federal Register during the week of June 7. (Rel. 34-49814) ACCELERATED APPROVAL OF PROPOSED RULE CHANGES The Commission granted accelerated approval to a proposed rule change (SR-NYSE-2004-14) and Amendment No. 1 thereto submitted by the New York Stock Exchange to amend NYSE Listed Company Manual Section 102.04 (Minimum Numerical Standards - Closed-end Management Investment Companies Registered Under the Investment Company Act of 1940) to apply to business development companies. The proposal will enable the NYSE to list and trade business development companies that do not have an operating history. Publication is expected in the Federal Register during the week of June 7. (Rel. 34-49821) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . SB-2 TRADING SOLUTIONS COM INC, 3661 HORSEBLOCK ROAD, MEDFORD, NY, 11763, (631) 924-1135 - 20,826,170 ($32,280,563.00) Equity, (File 333-116219 - Jun. 7) (BR. 07) S-8 SYNOPSYS INC, 700 E MIDDLEFIELD RD, MOUNTAIN VIEW, CA, 94043-4033, 6509625000 - 0 ($8,857,500.00) Equity, (File 333-116222 - Jun. 7) (BR. 03) S-11 ARBOR REALTY TRUST INC, 333 EARLE OVINGTON BOULEVARD, SUITE 900, UNIONDALA, NY, 11553, 5168328003 - 0 ($184,502,197.00) Equity, (File 333-116223 - Jun. 7) (BR. 08) S-3 NANOPHASE TECHNOLOGIES CORPORATION, 453 COMMERCE ST, BURR RIDGE, IL, 60521, 6303231200 - 0 ($5,970,553.00) Equity, (File 333-116224 - Jun. 7) (BR. 06) S-8 TURBOCHEF TECHNOLOGIES INC, 10500 METRIC DRIVE SUITE 128, DALLAS, TX, 75243, 2143419471 - 10,000,000 ($42,000,000.00) Equity, (File 333-116225 - Jun. 7) (BR. 06) S-3 PATTERSON DENTAL CO, 1031 MENDOTA HEIGHTS RD, ST PAUL, MN, 55120-1401, 6126861600 - 58,846 ($4,519,078.57) Equity, (File 333-116226 - Jun. 7) (BR. 01) S-3 A CONSULTING TEAM INC, 200 PARK AVE S, SUITE 901, NEW YORK, NY, 10003, 2129798228 - 639,528 ($3,530,195.00) Equity, (File 333-116227 - Jun. 7) (BR. 37) F-6 KONGZHONG CORP, 100,000,000 ($5,000,000.00) ADRs/ADSs, (File 333-116228 - Jun. 7) (BR. ) SB-2 Laycor Ventures Corp., 1128 QUEBEC STREET, SUITE 407, VANCOUVER, A1, V6A 4E1, (604) 689-1453 - 2,000,000 ($100,000.00) Equity, (File 333-116229 - Jun. 7) (BR. 09) S-8 NATIONAL CITY CORP, 1900 E NINTH ST, CLEVELAND, OH, 44114, 2165752000 - 45,000,000 ($1,563,525,000.00) Equity, (File 333-116231 - Jun. 7) (BR. 07) F-3 PRANA BIOTECHNOLOGY LTD, LEVEL 1 100 DORCAS STREET, SOUTH MELBOURNE VIC 3205 AUSTRALIA, VICTORIA, C3, 00000, 01161396908537 - 7,000,000 ($32,620,000.00) ADRs/ADSs, (File 333-116232 - Jun. 7) (BR. 01) S-8 LA JOLLA PHARMACEUTICAL CO, 6455 NANCY RIDGE DR, SAN DIEGO, CA, 92121, 8584526600 - 2,500,000 ($6,837,500.00) Equity, (File 333-116233 - Jun. 7) (BR. 01) S-3 HOMESTAR MORTGAGE ACCEPTANCE CORP, W. 115 CENTURY ROAD, PARAMUS, NJ, 07652, 201 225 2000 - 0 ($2,000,000,000.00) Mortgage Backed Securities, (File 333-116235 - Jun. 7) (BR. 05) S-1 Polypore International, Inc., (704) 588-5310 - 0 ($345,000,000.00) Equity, (File 333-116236 - Jun. 7) (BR. ) S-3 CYTYC CORP, 85 SWANSON ROAD, BOXBOROUGH, MA, 01719, 9782638000 - 0 ($250,000,000.00) Other, (File 333-116237 - Jun. 7) (BR. 36) S-8 UNOCAL CORP, 2141 ROSECRANS AVE, STE 4000, EL SEGUNDO, CA, 90245, 3107267600 - 12,000,000 ($420,360,000.00) Equity, (File 333-116238 - Jun. 7) (BR. 04) S-8 AMERIVEST PROPERTIES INC, 1780 S BELLAIRE ST, SUITE 515, DENVER, CO, 80222, 3032971800 - 0 ($3,035,000.00) Equity, (File 333-116239 - Jun. 7) (BR. 08) S-3 MERIDIAN RESOURCE CORP, 1401 ENCLAVE PARKWAY SUITE 300, HOUSTON, TX, 77077, 7135588080 - 350,000,000 ($350,000,000.00) Unallocated (Universal) Shelf, (File 333-116240 - Jun. 7) (BR. 04) S-3 CREDIT SUISSE FIRST BOSTON USA INC, ELEVEN MADISON AVE, NEW YORK, NY, 10010, 2128923000 - 0 ($15,000,000,000.00) Other, (File 333-116241 - Jun. 7) (BR. 07) S-4 FIRST COMMUNITY CORP /SC/, 5455 SUNSET BLVD, LEXINGTON, SC, 29072, 8032538875 - 0 ($5,274,531.00) Equity, (File 333-116242 - Jun. 7) (BR. 07) S-8 MERITAGE CORP, 8501 E. PRINCESS DRIVE, STE 290, SCOTTSDALE, AZ, 85255, 4802222444 - 0 ($54,120,000.00) Equity, (File 333-116243 - Jun. 7) (BR. 06) S-1 Macquarie Infrastructure Assets Trust, 600 FIFTH AVENUE, 21ST FLOOR, NEW YORK, NY, 10020, 212-548-6555 - 0 ($355,900,000.00) Equity, (File 333-116244 - Jun. 7) (BR. ) S-3 XL CAPITAL LTD, XL HOUSE, ONE BERMUDIANA ROAD, HAMILTON HM11 BERMUD, D2, 4412928515 - 0 ($1,650,000,000.00) Other, (File 333-116245 - Jun. 7) (BR. 01) S-3 CENTERPOINT ENERGY INC, 1111 LOUISIANT ST., HOUSTON, TX, 77002, 7132073000 - 0 ($1,000,000,000.00) Unallocated (Universal) Shelf, (File 333-116246 - Jun. 7) (BR. 02) S-3 SANTANDER BANCORP, 207 PONCE DE LEON AVE, SAN JUAN, PR, 00917, 7877597070 - 0 ($522,860,000.00) Non-Convertible Debt, (File 333-116247 - Jun. 7) (BR. 07) S-4 WESBANCO INC, 1 BANK PLAZA, WHEELING, WV, 26003, 3042349000 - 0 ($38,464,848.00) Equity, (File 333-116248 - Jun. 7) (BR. 07) S-8 DENBURY RESOURCES INC, 5100 TENNYSON PARKWAY, SUITE 3000, PLANO, TX, 75024, 9726732000 - 2,500,000 ($47,000,000.00) Equity, (File 333-116249 - Jun. 7) (BR. 04) 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 ------------------------------------------------------------------------------------------------ ADVOCAT INC DE X X 06/07/04 AIRLEASE LTD CA X X X 05/27/04 AIRNET COMMUNICATIONS CORP DE X 06/04/04 AirRover Wi-Fi Corp. DE X X 05/21/04 ALIGN TECHNOLOGY INC DE X X 06/03/04 ALLOY INC DE X X X 06/07/04 AMERICAN ACCESS TECHNOLOGIES INC FL X X 06/03/04 AMERICAN EDUCATION CORP NV X X 06/07/04 AMERICAN HEALTHWAYS INC DE X X 06/07/04 AMERICAN HOMEPATIENT INC DE X X 06/03/04 AMERICAN UNITED GLOBAL INC DE X X 06/01/04 AMSURG CORP TN X 06/04/04 ANDREA ELECTRONICS CORP NY X X 06/04/04 APPLETON PAPERS INC/WI X X 06/07/04 ARCHSTONE SMITH TRUST CO X 06/07/04 ARIAD PHARMACEUTICALS INC DE X X 06/07/04 ASCENDANT SOLUTIONS INC DE X 03/24/04 AMEND ASSET BACKED FUNDING CORP C BASS MOR DE X X 05/25/04 AMEND ASSET BACKED FUNDING CORP C BASS MOR DE X X 05/25/04 AMEND AVON PRODUCTS INC NY X 05/27/04 BALLISTIC VENTURES INC DE X X 06/05/04 Bank of Commerce Holdings CA X X 06/04/04 BEAR STEARNS ASSET-BACKED CERTIFICAT DE X 05/25/04 AMEND BLYTH INC DE X 06/03/04 BRE PROPERTIES INC /MD/ MD X X 06/07/04 BROWN SHOE CO INC NY X 06/03/04 C COR NET CORP PA X X 05/28/04 C COR NET CORP PA X X 05/27/04 CANADIAN DERIVATIVES CLEARING CORP A6 X 06/07/04 CANCERVAX CORP DE X X 06/05/04 CAREMARK RX INC DE X X X 03/24/04 AMEND CAREY W P & CO LLC DE X 06/04/04 CCC INFORMATION SERVICES GROUP INC DE X X 06/03/04 CELL BIO-SYSTEMS INC NY X X X X 01/28/04 CHAMPION PARTS INC IL X X 06/07/04 CHICAGO BRIDGE & IRON CO N V X 06/04/04 CHURCH & DWIGHT CO INC /DE/ DE X X 05/28/04 CINCINNATI BELL INC OH X X 06/07/04 CITIGROUP MORTGAGE LOAN TRUST SERIES X X 05/25/04 COLLAGENEX PHARMACEUTICALS INC DE X 06/07/04 COLLEGIATE PACIFIC INC DE X X 04/01/04 AMEND COLONIAL COMMERCIAL CORP NY X 06/03/04 COLUMBIA BANCORP MD X X 06/07/04 COMMERCIAL CAPITAL BANCORP INC NV X X X 06/07/04 COMMONWEALTH INDUSTRIES INC/DE/ DE X X 06/07/04 COMMUNITY BANCORP INC DE X X 06/07/04 CONNS INC DE X X 06/07/04 COOPER COMPANIES INC DE X X 06/03/04 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 06/07/04 CSFB COMMERCIAL MORT PASS THR CERTS S DE X X 06/07/04 CWMBS INC DE X X 06/03/04 CYTOMEDIX INC DE X X 06/07/04 DAVE & BUSTERS INC MO X X X 06/07/04 DAY INTERNATIONAL GROUP INC DE X X 06/02/04 DAY INTERNATIONAL GROUP INC DE X X 06/02/04 AMEND DEUTSCHE MORTGAGE & ASSET RECEIVING C DE X X 06/03/04 DIAMETRICS MEDICAL INC MN X X 06/03/04 DIVERSIFIED CORPORATE RESOURCES INC TX X 06/03/04 DORAL FINANCIAL CORP PR X X 06/07/04 EDUCATION CAPITAL I LLC DE X X 05/12/04 EL PASO PRODUCTION HOLDING CO DE X 06/07/04 ELECTRA CAPITAL INC /NV NV X 06/07/04 AMEND ELECTRONIC SYSTEMS TECHNOLOGY INC WA X X 06/04/04 ENCYSIVE PHARMACEUTICALS INC DE X X 06/04/04 ENVIRONMENTAL POWER CORP DE X X 06/01/04 ENVIRONMENTAL REMEDIATION HOLDING COR CO X X 06/04/04 EPIMMUNE INC DE X X 06/07/04 EPIX MEDICAL INC X X 06/07/04 EPIX MEDICAL INC X X 06/07/04 EPRESENCE INC MA X X 06/03/04 ESPEED INC DE X 06/02/04 ESSEX CORPORATION VA X X 06/07/04 EVANS BOB FARMS INC DE X X X 06/07/04 EVERGREEN RESOURCES INC CO X X 05/06/04 FAMOUS DAVES OF AMERICA INC MN X X 06/04/04 FINLAY ENTERPRISES INC /DE DE X X 06/07/04 FINLAY FINE JEWELRY CORP DE X X 06/07/04 FIRST HORIZON ASSET SECURITIES INC DE X X 06/04/04 FIRST POTOMAC REALTY TRUST MD X X 06/04/04 FIRST UNION COMMERCIAL MORTGAGE SECUR NC X 05/18/04 FIRST VIRTUAL COMMUNICATIONS INC DE X 05/25/04 FOOT LOCKER INC NY X X 06/04/04 GABLES REALTY LIMITED PARTNERSHIP DE X X 06/07/04 GABLES RESIDENTIAL TRUST MD X X 06/07/04 GAOFENG GOLD CORP NV X 06/07/04 GATX FINANCIAL CORP DE X X 06/04/04 GENESIS ENERGY LP DE X X 06/01/04 GENTA INC DE/ DE X 06/07/04 GENWORTH FINANCIAL INC DE X X 05/28/04 GOLD BANC CORP INC KS X X 06/04/04 GRADCO SYSTEMS INC NV X 06/07/04 HarborView Mortgage Loan Trust 2004-2 DE X 05/19/04 Harley-Davidson Motorcycle Trust 2004 NV X X 05/18/04 Harley-Davidson Motorcycle Trust 2004 NV X X 05/27/04 Harley-Davidson Motorcycle Trust 2004 NV X X 05/28/04 Harley-Davidson Motorcycle Trust 2004 NV X X 05/19/04 HARRINGTON WEST FINANCIAL GROUP INC/C X X 06/04/04 HARRIS CORP /DE/ DE X 06/07/04 HEALTHSOUTH CORP DE X X 06/04/04 HIGHWOODS PROPERTIES INC MD X 06/07/04 HIGHWOODS REALTY LTD PARTNERSHIP NC X 06/07/04 HOME PRODUCTS INTERNATIONAL INC DE X 06/07/04 IMPROVENET INC DE X X 05/25/04 INDYMAC ABS INC DE X X 06/07/04 INDYMAC ABS INC DE X X 06/07/04 INSIGHT ENTERPRISES INC DE X X 06/07/04 INTERCEPT INC GA X 03/22/04 AMEND INTRABIOTICS PHARMACEUTICALS INC /DE DE X X 06/03/04 INVERNESS MEDICAL INNOVATIONS INC DE X X 06/02/04 INVESTORS FINANCIAL SERVICES CORP DE X 06/07/04 ISOLAGEN INC DE X 06/07/04 KORN FERRY INTERNATIONAL DE X 06/07/04 KUBLA KHAN INC UT X 03/31/04 AMEND L & L FINANCIAL HOLDINGS INC NV X 06/03/04 LAKEFIELD VENTURES INC X X 05/19/03 LANDRYS RESTAURANTS INC DE X 06/04/04 LEGEND INTERNATIONAL HOLDINGS INC DE X X 06/07/04 LEHMAN ABS CORP GE GLOBAL INSURANCE N DE X 06/07/04 LEHMAN BROTHERS HOLDINGS INC DE X 06/07/04 LINDSAY MANUFACTURING CO DE X X 06/04/04 LONG BEACH SECURITIES CORP DE X 06/07/04 LOTUS PACIFIC INC DE X 06/07/04 LUMENIS LTD X X X 06/07/04 MAF BANCORP INC DE X X 06/05/04 MALAN REALTY INVESTORS INC MI X X 06/03/04 MATERIAL TECHNOLOGIES INC /CA/ DE X 06/03/04 MATRIXONE INC DE X 06/07/04 MAVERICK TUBE CORPORATION DE X 06/07/04 MB FINANCIAL INC /MD MD X 05/28/04 MCDONALDS CORP DE X 06/07/04 MENTOR CORP /MN/ MN X 05/28/04 MERIT MEDICAL SYSTEMS INC UT X X 04/20/04 AMEND MGM MIRAGE DE X X 06/04/04 MICROS TO MAINFRAMES INC NY X X X 05/21/04 MID AMERICA APARTMENT COMMUNITIES INC TN X X 06/07/04 MILLENIUM HOLDING GROUP INC /AZ/ NV X X 06/07/04 MISSION RESOURCES CORP DE X 06/07/04 ML MACADAMIA ORCHARDS L P DE X X 06/07/04 MOBILE REACH INTERNATIONAL INC DE X X 05/05/04 MONSTER WORLDWIDE INC DE X X 06/07/04 MORGAN STANLEY ABS CAPITAL I INC DE X X 06/07/04 MORTONS RESTAURANT GROUP INC DE X X 06/04/04 NANO SUPERLATTICE TECHNOLOGY INC. X X 05/26/04 NCI HOLDINGS INC NV X 12/31/03 AMEND NELNET STUDENT LOAN FUNDING LLC X X 05/25/04 NEW WORLD PASTA CO DE X 06/07/04 OFFSHORE LOGISTICS INC DE X X 06/07/04 ONSPAN NETWORKING INC NV X X 05/27/04 ORIENT EXPRESS HOTELS LTD X X 06/07/04 OSI PHARMACEUTICALS INC DE X X 06/05/04 OVERSTOCK COM INC UT X X 06/07/04 OWENS CORNING DE X X 06/07/04 PACIFIC BIOMETRICS INC DE X X 05/28/04 PATTERSON UTI ENERGY INC DE X X 06/07/04 PEOPLES FINANCIAL SERVICES CORP/ PA X 06/07/04 PLAINS EXPLORATION & PRODUCTION CO DE X X 06/04/04 POKER COM INC FL X 06/04/04 PREMIER FINANCIAL BANCORP INC KY X X 06/04/04 PROGENICS PHARMACEUTICALS INC DE X X 06/07/04 PUBLIC SERVICE CO OF OKLAHOMA OK X X 06/07/04 QUINTEK TECHNOLOGIES INC CA X 06/07/04 R F INDUSTRIES LTD NV X 04/30/04 RENTECH INC /CO/ CO X X X 06/02/04 REPUBLIC BANCORP INC MI X 06/02/04 RETAIL VENTURES INC OH X X 06/07/04 SABINE ROYALTY TRUST TX X X 06/03/04 SALEM COMMUNICATIONS CORP /DE/ DE X X 06/07/04 SCIENTIFIC TECHNOLOGIES INC OR X X 06/01/04 SECURED DIVERSIFIED INVESTMENT LTD NV X 06/03/04 SECURITISATION ADV SERV MEDALLION TRU X X 05/25/04 SELIGMAN NEW TECHNOLOGIES FUND II INC MD X X 06/07/04 SELIGMAN NEW TECHNOLOGIES FUND INC X X 06/07/04 SHUFFLE MASTER INC MN X 06/04/04 SINA CORP X 03/24/04 AMEND SOUTHWESTERN ENERGY CO AR X 06/07/04 STEWART & STEVENSON SERVICES INC TX X X 06/04/04 STRUCTURED ASSET SEC CORP MORT PASS T DE X 05/25/04 STRUCTURED ASSET SECURITIES CORP MORT DE X 05/25/04 STRUCTURED ASSET SECURITIES CORP MORT DE X 05/25/04 TAMBORIL CIGAR CO DE X X 06/04/04 TB WOODS CORP DE X X 06/01/04 TEPPCO PARTNERS LP DE X X 06/07/04 TESSERA TECHNOLOGIES INC DE X X 06/07/04 TEXAS INSTRUMENTS INC DE X X 06/07/04 TNS INC X X X 06/07/04 TXU CORP /TX/ TX X 06/02/04 UNITED STATES CELLULAR CORP DE X X 06/07/04 US DATAWORKS INC NV X X 06/04/04 UTI WORLDWIDE INC X X 06/07/04 UTI WORLDWIDE INC X X 06/07/04 VECTOR GROUP LTD DE X X 06/04/04 VENTAS INC DE X X 06/03/04 VERAMARK TECHNOLOGIES INC DE X 06/02/04 VION PHARMACEUTICALS INC DE X X 06/07/04 VIRCO MFG CORPORATION DE X X 06/07/04 WELLS FARGO & CO/MN DE X 06/04/04 WESTERN DIGITAL CORP DE X 06/07/04 WESTERN WIRELESS CORP WA X X 05/28/04 WESTIN HOTELS LTD PARTNERSHIP DE X X 06/07/04 WESTSPHERE ASSET CORP INC CO X 06/07/04 WHITING PETROLEUM CORP DE X X 06/03/04 WHX CORP DE X X 06/07/04 WJ COMMUNICATIONS INC CA X X 06/04/04 YDI WIRELESS INC DE X X 06/02/04