SEC NEWS DIGEST Issue 2004-111 June 9, 2004 COMMISSION ANNOUNCEMENTS SEC AND NASD RELEASE JOINT STAFF REPORT ON BROKER-DEALER SALES OF VARIABLE INSURANCE PRODUCTS Examinations Identify Sound and Weak Practices Regarding Suitability, Disclosure The Securities and Exchange Commission (SEC) and NASD today released a joint staff report on the findings of their examinations of broker- dealer sales of variable annuities and variable life insurance. The report, Joint SEC/NASD Staff Report on Examination Findings Regarding Broker-Dealer Sales of Variable Insurance Products, at http://www.sec.gov/news/studies/secnasdvip.pdf and http://www.nasdr.com/white_paper_0600804.asp identifies both "sound" and "weak" broker-dealer practices in the areas of sales suitability, disclosure, supervision, training and records maintenance. The SEC also today issued an alert to remind investors that variable annuities are not suitable for all consumers, especially investors who need the money in the short term or who borrow against their home mortgage in order to purchase a variable annuity or variable life insurance product. Variable insurance products are hybrid investments that contain both securities and insurance features. Because of tax implications and potentially high surrender charges, these products are long-term investment vehicles that are not appropriate for short-term goals. Recent estimates indicate significant growth in investments in variable annuities by American investors: assets in variable annuities increased by over 20% in the last year to approximately $985 billion. The SEC, NASD and other regulators have received a large number of complaints from individual investors, many indicating that the customer was sold a variable product without fully understanding the product, or that the product was not appropriate given the customer's investment objectives. Among the more disturbing weaknesses identified in the report were instances of brokers making unsuitable recommendations to senior citizens and to individuals who could not afford the products without mortgaging their homes. Other weaknesses included failures to disclose fully the various fees, risks, and tax consequences associated with these products. SEC Chairman William H. Donaldson said, "It is critical that broker- dealers ensure that the securities they sell are appropriate for the individual investor. Given the complexity of variable annuities, extra care is required. The findings of these examinations show that many firms should take steps to improve their practices. Investors considering purchasing a variable annuity can obtain information about the product from the SEC and the NASD." Given the report's findings, the popularity of variable annuities, and recent investor complaints and enforcement actions, NASD is also proposing new rules tailored specifically to sales of deferred variable annuities, including new sales practice standards, disclosure, supervisory approval and sales force training requirements. More information about the rule proposal can be accessed at www.nasdr.com/news/pr2004/release_04_027.html. "Variable insurance products have always been subject to the suitability, disclosure and other requirements that apply to all securities," said NASD Chairman and CEO Robert R. Glauber. "But given the examination findings, the large number of enforcement cases over the past couple of years and the complexity of these products, we feel we can best protect investors by establishing stronger, more specific rules that apply specifically to variable annuities." Investors can also protect themselves by asking questions - and demanding answers - before they purchase any investment product, including a variable insurance product. These questions include: * Might I need this money in the short-term? * Do I have enough money right now to purchase this product? * What am I paying for each feature? And are the extra fees worth it for me? These tips and more appear in the SEC's latest investor education publication, Variable Annuities and Variable Life Products: Questions to Ask at http://www.sec.gov/investor/pubs/varaquestions.htm. For more information about variable annuities, investors should read Variable Annuities: What You Should Know at http://www.sec.gov/investor/pubs/varannty.htm. NASD has issued alerts to both firms and investors to help ensure that variable annuity and variable life insurance products are properly sold. Investors interested in these products should see: Variable Annuities: Beyond the Hard Sell at www.nasd.com/Investor/Alerts?alert_variable_annuities.htm; Should You Exchange Your Variable Annuity? at www.nasd.com/Investor/Alerts/alert_annuityexchanges.htm, and Should You Exchange Your Life Insurance Policy? at www.nasd.com/Investor/Alerts/alert_exchange_lifeinsurance.htm. (Press Rel. 2004-80) RULES AND RELATED MATTERS BROKER-DEALER AND AFFILIATE SUPERVISION ON A CONSOLIDATED BASIS The Commission has adopted rule amendments and new rules under the Securities Exchange Act of 1934 that establish two separate voluntary regulatory programs for the Commission to supervise broker-dealers and their affiliates on a consolidated basis. One program establishes an alternative method of computing certain net capital charges for broker-dealers that are part of an ultimate holding company that manages risks on a group-wide basis and whose ultimate holding company consents to group-wide Commission supervision. The broker-dealer's ultimate holding company and its affiliates, if subject to Commission supervision, will be referred to as a "consolidated supervised entity" or "CSE." Under the alternative capital computation method, the broker-dealer may calculate certain market and credit risk capital charges using internal mathematical models. The CSE must comply with rules regarding its group-wide internal risk management control system and must provide the Commission with consolidated computations of allowable capital and risk allowances (or other capital assessment) consistent with the Basel Standards. Commission supervision of the CSE includes recordkeeping, reporting, and examination requirements. The requirements are modified for an entity with a principal regulator. The other program adopts rules implementing Section 17(i) of the Exchange Act, which created a new structure for consolidated supervision of holding companies of broker-dealers, or "investment bank holding companies" ("IBHCs") and their affiliates. Under the Exchange Act, an IBHC that meets certain, specified criteria may register voluntarily with the Commission to become a supervised investment bank holding company ("SIBHC") and be subject to supervision on a group-wide basis. Registration as an SIBHC is limited to IBHCs that are not affiliated with certain types of banks and that have a substantial presence in the securities markets. Under the rules, an IBHC must complete an application process to become supervised by the Commission as an SIBHC. The rules also establish regulatory requirements for SIBHCs. Commission supervision of an SIBHC includes recordkeeping, reporting and examination requirements. Furthermore, the SIBHC must comply with rules regarding its group-wide internal risk management control system and must provide the Commission with consolidated computations of allowable capital and risk allowances (or other capital assessment) consistent with the Basel Standards. Both programs also include technical and conforming amendments to the risk assessment rules (Exchange Act Rules 17h-1T and 17h-2T). (Rels. 34- 49830; 34-49831) ENFORCEMENT PROCEEDINGS IN THE MATTER OF JAMES PEACH, CHARTERED ACCOUNTANT On June 9, the Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice against James H. Peach, a chartered accountant in British Columbia, Canada. The Division of Enforcement alleges that Peach engaged in improper professional conduct in connection with his audit of the fiscal 2000 financial statements of LASV Enterprises, Inc. (LASV), a Canadian-based company. The Division alleges that LASV's audited financial statements did not comply with generally accepted accounting principles because LASV recorded a Dominican Republic real estate property as its sole asset on its balance sheet when, in fact, the company did not own the property. The Division further alleges that Peach failed to comply with generally accepted auditing standards by, among other things, failing to obtain sufficient competent evidential matter upon which to base an audit opinion, including any evidence from third parties relating to LASV's purported ownership of the property. Based on the above, the Commission is instituting administrative proceedings to determine whether the allegations are true and whether Peach should be censured by the Commission or temporarily or permanently denied the privilege of practicing before the Commission. (Rel. 34- 49836; AAE Rel. 2030; File No. 3-11516) IN THE MATTER OF CDH & AFFILIATES, INC. AND C. DAVID HALLMAN An Administrative Law Judge has issued a default order that bars C. David Hallman and CDH & Affiliates, Inc. ("CDH & Affiliates"), of Fayetteville, Georgia, from being associated with a broker, dealer, or investment adviser based on, among other things, a Final Order of Permanent Injunction entered by the United States District Court for the Northern District of Georgia entered on April 1, 2004. The district court's final judgment: (1) permanently enjoined Mr. Hallman and CDH & Affiliates from violating Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5, and (2) ordered Mr. Hallman and CDH & Affiliates to pay, jointly and severally, a total of $4,207,616.95 in disgorgement plus pre-judgment interest, and, individually, to pay a civil penalty of $110,000 each. The complaint in the civil action charged that from September 1997 through at least June 1999, Mr. Hallman and CDH & Affiliates, which he controlled, fraudulently raised more than $2.2 million in fees from at least twenty-seven customers purportedly to prepare corporate bond offerings. (Rels. 34-49837; IA-2247; File No. 3- 11463) SEC FILES SETTLED ENFORCEMENT ACTION AGAINST SCHERING-PLOUGH CORPORATION FOR FOREIGN CORRUPT PRACTICES ACT VIOLATIONS The Commission announced today that it has instituted a settled cease- and-desist proceeding against Schering-Plough Corporation, finding that the company violated the books and records and internal controls provisions of the Foreign Corrupt Practices Act. The Commission also filed a complaint in federal court seeking a civil penalty against Schering-Plough. The Commission's Order finds that, between February 1999 and March 2002, one of Schering-Plough's foreign subsidiaries, Schering-Plough Poland, made improper payments to a charitable organization called the Chudow Castle Foundation. The Foundation was headed by an individual who was the Director of the Silesian Health Fund during the relevant time. The health fund was a Polish governmental body that, among other things, provided money for the purchase of pharmaceutical products and influenced the purchase of those products by other entities, such as hospitals, through the allocation of health fund resources. According to the Order, Schering-Plough Poland paid 315,800 zlotys (approximately $76,000) to the Chudow Castle Foundation to induce the Director to influence the health fund's purchase of Schering- Plough's pharmaceutical products. The Order finds that none of the payments made by Schering-Plough Poland to the Foundation was accurately reflected on the subsidiary's books and records. The Order also finds that the company's system of internal accounting controls was inadequate to prevent or detect the improper payments. Schering-Plough consented, without admitting or denying the Commission's findings, to cease and desist from committing or causing violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. Schering-Plough also was ordered to comply with its undertakings to retain an independent consultant to review the company's policies and procedures regarding compliance with the Foreign Corrupt Practices Act and to implement any changes recommended by the consultant. The allegations in the Commission's civil action against Schering-Plough are substantially the same as the findings set forth in the Commission's Order. Without admitting or denying the allegations in the complaint, Schering-Plough consented to pay a $500,000 civil penalty. The Commission's investigation is continuing as to others. (Rel. 34-49838; AAE Rel. 2032; File No. 3-11517) FORMER ACCOUNTANT OF CORRPRO COMPANIES AUSTRALIA PTY LTD, PREVIOUSLY SUED BY SEC FOR FALSIFYING U.S. PARENT COMPANY'S BOOKS, SENTENCED TO PRISON TERM BY AUSTRALIAN AUTHORITIES The Commission announced that on May 25, 2004, the honorable Judge Bourke of the County Court of Victoria, Australia, sentenced Mr. Craig Leigh Treloar on criminal fraud charges, following an investigation by the Australian Securities and Investments Commission (ASIC). Treloar, a resident of Wyndham Vale, Victoria, Australia, was sentenced for violations of the Crimes Act (Victoria) 1958 (the Crimes Act) and the Corporations Act 2001 (Corporations Act), to which he had pled guilty on December 1, 2003. Treloar is the former financial accountant of Corrpro Companies Australia Pty Ltd. (Corrpro Australia), the Australian subsidiary of Corrpro Companies, Inc. (Corrpro), a U.S. public corporation based in Medina, Ohio. Treloar and Greg Waring, the former managing director of the Australian subsidiary, were the subjects of a civil injunctive action filed by the Commission on September 30, 2003 in the United States District Court for the Northern District of Ohio (United States Securities and Exchange Commission v. Greg Waring and Craig Treloar, 1:03CV2030, Polster, J.). The Commission's complaint in that matter alleged that from at least October 2000 through February 2002, Waring and Treloar falsified accounting and other financial records of Corrpro Australia in order to inflate its net income and its net assets so that Corrpro Australia would meet financial performance targets set by managers at the parent company. The Commission further alleged that Waring and Treloar took steps to fabricate documents to be reviewed by the company's independent auditors. On April 2, 2004, the court entered orders by default against both Waring and Treloar. The orders permanently enjoined Waring and Treloar from further violations of certain provisions of the Securities and Exchange Act of 1934. The court's orders also imposed an officer and director bar on both defendants, which prohibits them from acting as an officer or director of any company registered with the Commission. In the Australian criminal case, Treloar was sentenced to 16 months imprisonment, all of which was suspended, for the Crimes Act charges. Treloar was sentenced to 10 months imprisonment for the Corporations Act charges. However, Treloar will be released without serving prison time, upon entering into a 3-year parole agreement. If Treloar fails to be of good behavior during the 3-year parole period, he risks the possibility of serving his prison sentence, and paying an AD$8,000 fine. Treloar has undertaken to continue to assist ASIC in its ongoing investigation in relation to this matter. In a separate criminal case, Australian authorities have charged Waring with violations of the Crimes Act and Corporations Act. Waring has not yet entered a plea. The criminal cases against Treloar and Waring both involve the same course of conduct as alleged in the Commission's civil case against Treloar and Waring. The Commission acknowledges the assistance of the Australian Securities and Investments Commission in its investigation. [SEC v. Greg Waring, Craig Treloar, 1:03CV2030 (N.D. Ohio] (LR-18739; AAE Rel. 2031) SEC FILES SETTLED ENFORCEMENT ACTION AGAINST SCHERING-PLOUGH CORPORATION FOR FOREIGN CORRUPT PRACTICES ACT VIOLATIONS The Commission announced today that it has filed a complaint in federal court seeking a civil penalty against Schering-Plough Corporation, for violating the books and records and internal controls provisions of the Foreign Corrupt Practices Act. The Commission's complaint alleges that, between February 1999 and March 2002, one of Schering-Plough's foreign subsidiaries, Schering-Plough Poland, made improper payments to a charitable organization called the Chudow Castle Foundation. The Foundation was headed by an individual who was the Director of the Silesian Health Fund during the relevant time. The health fund was a Polish governmental body that, among other things, provided money for the purchase of pharmaceutical products and influenced the purchase of those products by other entities, such as hospitals, through the allocation of health fund resources. According to the complaint, Schering-Plough Poland paid 315,800 zlotys (approximately $76,000) to the Chudow Castle Foundation to induce the Director to influence the health fund's purchase of Schering-Plough's pharmaceutical products. The complaint alleges that none of the payments made by Schering-Plough Poland to the Foundation was accurately reflected on the subsidiary's books and records. The complaint also alleges that the company's system of internal accounting controls was inadequate to prevent or detect the improper payments. Without admitting or denying the allegations in the complaint, Schering-Plough consented to pay a $500,000 civil penalty. In a related enforcement action announced today, Schering-Plough consented, without admitting or denying the Commission's findings, to the issuance of a Commission Order requiring Schering-Plough to cease and desist from committing or causing violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. Schering-Plough also was ordered to comply with its undertakings to retain an independent consultant to review the company's policies and procedures regarding compliance with the Foreign Corrupt Practices Act and to implement any changes recommended by the consultant. (Rel. No. 34-49838; File No. 3-11517). The Commission's investigation is continuing as to others. [SEC v. Schering-Plough Corporation, United States District Court for the District of Columbia, Civil Action No. 1:04CV00945 (PLF)] (LR-18740) 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 TEREX CORP, 500 POST ROAD EAST, STE 320, WESTPORT, CT, 06880, 2032227170 - 2,500,000 ($72,450,000.00) Equity, (File 333-116250 - Jun. 8) (BR. 36) S-8 UNOCAL CORP, 2141 ROSECRANS AVE, STE 4000, EL SEGUNDO, CA, 90245, 3107267600 - 500,000 ($17,515,000.00) Equity, (File 333-116251 - Jun. 8) (BR. 04) S-1 PHARMION CORP, 2525 28TH STREET, BOULDER, CO, 80301, 720 564 9100 - 0 ($178,434,000.00) Equity, (File 333-116252 - Jun. 8) (BR. 01) S-8 THINKPATH INC, 55 UNIVERSITY AVE STE 505, TORONTO, ONTARIO, CANADA, M5J 2H7, 4163648800 - 250,000,000 ($225,000.00) Equity, (File 333-116253 - Jun. 8) (BR. 03) S-1 COMPASS MINERALS INTERNATIONAL INC, 8300 COLLEGE BOULEVARD, OVERLAND PARK, KS, 66210, 9133449200 - 6,900,000 ($136,068,000.00) Equity, (File 333-116254 - Jun. 8) (BR. 04) SB-2 Vivid Learning Systems, Inc., 723 THE PARKWAY, SUITE 200, RICHLAND, WA, 99352, (509) 943-5319 - 1,997,996 ($499,499.00) Equity, (File 333-116255 - Jun. 8) (BR. 09) S-3 ASK JEEVES INC, 5858 HORTON ST, SUITE 350, EMERYVILLE, CA, 94608, 9256039071 - 0 ($400,000,000.00) Equity, (File 333-116256 - Jun. 8) (BR. 08) F-1 Homex Development Corp., ANDADOR JAVIER MINA 891-B, COLONIA CENTRO SINALOA, CULIAC?N, O5, 80200, 52 667 758 5800 - 0 ($183,284,700.00) Equity, (File 333-116257 - Jun. 8) (BR. ) S-8 SYNOVUS FINANCIAL CORP, 901 FRONT AVENUE, STE 202 PO BOX 120, COLUMBUS, GA, 31901, 7066494818 - 179,630 ($4,575,176.10) Equity, (File 333-116259 - Jun. 8) (BR. 07) S-8 LEXINGTON RESOURCES INC, 7473 WEST LAKE MEAD RD, LAS VEGAS, NV, 89128, 702-382-5139 - 500,000 ($500,000.00) Equity, (File 333-116263 - Jun. 8) (BR. 04) S-8 CTD HOLDINGS INC, 27317 NW 78 AVENUE, N/A, HIGH SPRINGS, FL, 32643, 3864540887 - 343,137 ($75,490.14) Equity, (File 333-116264 - Jun. 8) (BR. 01) SB-2 SUPERCLICK INC, 2960 FLEURY EAST, 2960 FLEURY EAST, MONTREAL, A8, H2B 1M4, 5148470333 - 4,798,106 ($4,798,106.00) Equity, (File 333-116265 - Jun. 8) (BR. 37) S-8 IDT CORP, 520 BROAD ST, NEWARK, NJ, 07102, 973 438 1000 - 0 ($72,552,924.34) Equity, (File 333-116266 - Jun. 8) (BR. 37) S-3 AVATAR HOLDINGS INC, 201 ALHAMBRA CIRCLE, CORAL GABLES, FL, 33134, 3054427000 - 0 ($120,000,000.00) Debt Convertible into Equity, (File 333-116267 - Jun. 8) (BR. 06) S-8 DISCOVERY LABORATORIES INC /DE/, 350 MAIN STREET SUITE 307, DOYLESTOWN, PA, 18901, 2152404699 - 3,000,000 ($31,425,000.00) Equity, (File 333-116268 - Jun. 8) (BR. 01) F-6 AUSTRALIAN CANCER TECHNOLOGY LTD, 10,000,000 ($500,000.00) ADRs/ADSs, (File 333-116271 - Jun. 8) (BR. ) S-2 MILLENNIUM BIOTECHNOLOGIES GROUP INC, 665 MARTINSVILLE ROAD, SUITE 219, BASKING RIDGE, NJ, 07920, 908-604-2500 - 20,391,080 ($13,548,421.00) Equity, (File 333-116272 - Jun. 8) (BR. 06) S-8 OLYMPIC ENTERTAINMENT GROUP INC /NV/, 1900 AVE OF THE STARS, SUITE 1450, LOS ANGELES, CA, 90067, 3102775333 - 500,000 ($65,000.00) Equity, (File 333-116273 - Jun. 8) (BR. 37) S-8 TRIPATH IMAGING INC, 780 PLANTATION DR, BURLINGTON, NC, 27215, 3362229707 - 0 ($1,395,000.00) Equity, (File 333-116274 - Jun. 8) (BR. 36) S-8 TRIPATH IMAGING INC, 780 PLANTATION DR, BURLINGTON, NC, 27215, 3362229707 - 0 ($15,810,000.00) Equity, (File 333-116275 - Jun. 8) (BR. 36) S-8 VCAMPUS CORP, 1850 CENTENNIAL PARK DR, SUITE 200, RESTON, VA, 20191, 7038937800 - 0 ($2,800,000.00) Equity, (File 333-116276 - Jun. 8) (BR. 37) S-8 TJX COMPANIES INC /DE/, 770 COCHITUATE RD, FRAMINGHAM, MA, 01701, 508-390-2662 - 36,000,000 ($903,960,000.00) Equity, (File 333-116277 - Jun. 8) (BR. 02) F-6 Homex Development Corp., ANDADOR JAVIER MINA 891-B, COLONIA CENTRO SINALOA, CULIAC?N, O5, 80200, 52 667 758 5800 - 0 ($5,000,000.00) ADRs/ADSs, (File 333-116278 - Jun. 8) (BR. ) S-8 BSQUARE CORP /WA, 3150 139TH AVE SE SUITE 500, BELLEVUE, WA, 98005, 4255195900 - 0 ($1,380,000.00) Equity, (File 333-116279 - Jun. 8) (BR. 08) S-8 IONICS INC, 65 GROVE ST, WATERTOWN, MA, 02172, 6179262500 - 150,000 ($3,460,500.00) Equity, (File 333-116280 - Jun. 8) (BR. 36) S-4 CAMCO FINANCIAL CORP, 6901 GLENN HIGHWAY, CAMBRIDGE, OH, 43725, 7404325641 - 325,000 ($701,380.10) Equity, (File 333-116281 - Jun. 8) (BR. 07) S-3 COLLEGIATE PACIFIC INC, 13950 SEMLAC, SUITE 200, DALLAS, TX, 75234, 9722438100 - 0 ($2,957,243.00) Equity, (File 333-116282 - Jun. 8) (BR. 02) S-8 ATLANTIS BUSINESS DEVELOPMENT CORP, 8 S NEVADA AVE, STE 204, COLORADO SPRINGS, CO, 80903, 7195750044 - 4,000,000 ($880,000.00) Equity, (File 333-116283 - Jun. 8) (BR. 07) S-3 APPALACHIAN POWER CO, 40 FRANKLIN RD SW, ROANOKE, VA, 24011, 7039852300 - 0 ($450,000,000.00) Non-Convertible Debt, (File 333-116284 - Jun. 8) (BR. 02) S-8 MAXIMUM DYNAMICS INC, 2 N CASCADE AVE, STE 1100, COLORADO SPRINGS, CO, 80903, 7193811728 - 2,500,000 ($575,000.00) Equity, (File 333-116285 - Jun. 8) (BR. 03) S-3 CENTRAL HUDSON GAS & ELECTRIC CORP, 284 SOUTH AVE, POUGHKEEPSIE, NY, 12601, 9144522000 - 0 ($85,000,000.00) Non-Convertible Debt, (File 333-116286 - Jun. 8) (BR. 02) S-8 CTS CORP, 905 WEST BOULEVARD NORTH, ELKHART, IN, 46514, 5742937511 - 6,500,000 ($68,900,000.00) Equity, (File 333-116287 - Jun. 8) (BR. 36) S-8 INVICTA GROUP INC, 9553 HARDING AVE, SUITE 301, MIAMI BEACH, FL, 33154, 3058666525 - 5,000,000 ($500,000.00) Equity, (File 333-116288 - Jun. 8) (BR. 05) S-8 LEXINGTON RESOURCES INC, 7473 WEST LAKE MEAD RD, LAS VEGAS, NV, 89128, 702-382-5139 - 1,200,000 ($1,200,000.00) Equity, (File 333-116289 - Jun. 8) (BR. 04) S-8 CHINA PHARMACEUTICALS CORP, 3753 HOWARD HUGHES PKWY, #200, LAS VEGAS, NV, 89109, 8185911330 - 3,625,000 ($19,846,875.00) Equity, (File 333-116290 - Jun. 8) (BR. 08) SB-2 INSTAPAY SYSTEMS INC, 1152 N MOUNTAIN AVE #210, UPLAND, CA, 91786, 9099826321 - 21,322,224 ($8,102,445.12) Equity, (File 333-116291 - Jun. 8) (BR. 05) S-4 CINEMARK INC, 3900 DALLAS PARKWAY, SUITE 500, PLANO, TX, 75093, 9726651108 - 0 ($577,173,000.00) Non-Convertible Debt, (File 333-116292 - Jun. 8) (BR. 05) S-4 BERKSHIRE HATHAWAY FINANCE CORP, 1440 KIEWITT PLAZA, OMAHA, NE, 68131, 4023461400 - 0 ($500,000,000.00) Non-Convertible Debt, (File 333-116293 - Jun. 8) (BR. ) S-3 EQUITEX INC, 7315 E PEAKVIEW AVE, GREENWOOD EXECUTIVE PARK BLDG 8, ENGLEWOOD, CO, 80111, 3037968940 - 8,943,137 ($9,402,500.00) Equity, (File 333-116294 - Jun. 8) (BR. 07) S-8 MEDICINES CO /DE, 8 CAMPUS DRIVE, PARSIPPANY, NJ, 07054, 973-656-1616 - 0 ($130,856,000.00) Equity, (File 333-116295 - Jun. 8) (BR. 01) S-8 CROSSROADS SYSTEMS INC, 8300 NORTH MOPAC EXPRESSWAY, AUSTIN, TX, 78759, 5123490300 - 0 ($2,275,000.00) Equity, (File 333-116296 - Jun. 8) (BR. 03) S-8 INTERNATIONAL TRUST & FINANCIAL SYSTEMS INC, 9103 EMMOTT RD, BUILDING 6 SUITE A, HOUSTON, TX, 77040, 7134666585 - 8,000,000 ($160,000.00) Equity, (File 333-116297 - Jun. 8) (BR. 02) S-4 HERITAGE PROPERTY INVESTMENT TRUST INC, 535 BOYLSTON STREET, BOSTON, MA, 02116, 6172472200 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-116298 - Jun. 8) (BR. 08) SB-2 QUINCY RESOURCES INC, 309 CENTER STREET, __, HANCOCK, MI, 49930, 906-370-4695 - 7,081,920 ($4,205,321.60) Equity, (File 333-116299 - Jun. 8) (BR. 04) S-3 FLORIDA POWER & LIGHT CO, 700 UNIVERSE BLVD, JUNO BEACH, FL, 33408, 5616944000 - 0 ($1,000,000,000.00) Unallocated (Universal) Shelf, (File 333-116300 - Jun. 8) (BR. 02) S-1 BIONUMERIK PHARMACEUTICALS INC, 8122 DATAPOINT DR STE 1250, SAN ANTONIO, TX, 78229, 2106141701 - 0 ($86,250,000.00) Equity, (File 333-116301 - Jun. 8) (BR. 01) 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 ------------------------------------------------------------------------------------------------ ABM INDUSTRIES INC /DE/ DE X X X 06/08/04 ACCESS INTEGRATED TECHNOLOGIES INC X 06/04/04 Accredited Mortgage Loan Trust 2004-2 DE X X 05/26/04 ACME COMMUNICATIONS INC DE X 06/07/04 ADVANCED NEUROMODULATION SYSTEMS INC TX X 06/07/04 AEROSONIC CORP /DE/ DE X 06/04/04 AMEND AGE RESEARCH INC UT X X 06/01/04 ALICO INC FL X 06/07/04 ALLIANCE GAMING CORP NV X 06/08/04 ALLIANCE RESOURCE PARTNERS LP DE X 06/07/04 ALLOS THERAPEUTICS INC DE X X 06/04/04 AMERICAN UTILICRAFT CORP X 06/03/04 AMYLIN PHARMACEUTICALS INC DE X X 06/05/04 APARTMENT INVESTMENT & MANAGEMENT CO MD X 06/07/04 APPLERA CORP DE X X 06/02/04 ARENA PHARMACEUTICALS INC DE X 06/07/04 ASHFORD HOSPITALITY TRUST INC MD X 06/02/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 06/08/04 AMEND BANC OF AMERICA MORT SEC INC MORT PAS DE X X 06/08/04 AMEND BANC OF AMERICA MORT SEC INC MORT PAS DE X X 06/08/04 AMEND BANC OF AMERICA MORT SEC INC MORT PS NY X X 06/08/04 AMEND BANC OF AMERICA MORTGAGE SEC INC MORT DE X X 06/08/04 AMEND BANC OF AMERICA MORTGAGE SECURITIES S DE X X 06/08/04 AMEND BANC OF AMERICA MTG SEC INC MORT PASS DE X X 06/08/04 AMEND BANK OF AMERICA CORP /DE/ DE X X 05/27/04 BAYLAKE CORP WI X 06/07/04 BAYOU STEEL CORP DE X X 05/27/04 BIG FLASH CORP DE X X 06/07/04 BIO ONE CORP NV X X 04/05/04 AMEND BIOMERICA INC DE X X 06/07/04 AMEND BIOPHAN TECHNOLOGIES INC NV X X 06/03/04 BIOSOURCE INTERNATIONAL INC DE X X 06/07/04 BLACK WARRIOR WIRELINE CORP DE X 06/04/04 BLUE RIDGE REAL ESTATE CO PA X X 06/01/04 BLYTH INC DE X 06/07/04 BLYTH INC DE X 06/07/04 BOSTON PROPERTIES INC DE X X 06/08/04 BOSTON PROPERTIES LTD PARTNERSHIP X X 06/08/04 BRIAZZ INC WA X X 05/24/04 BUFFETS INC MN X X 06/08/04 BURLINGTON COAT FACTORY WAREHOUSE COR DE X 06/08/04 BUTLER NATIONAL CORP DE X X 06/08/04 CALYPSO FINANCIAL SERVICES INC DE X X 06/07/04 CARREKER CORP DE X X 06/07/04 CBRL GROUP INC TN X X 06/07/04 Chembio Diagnostics Inc. NV X X X 03/31/04 AMEND CIGNA CORP DE X 06/08/04 COASTAL BANKING CO INC SC X 06/08/04 COLE NATIONAL CORP /DE/ DE X X 06/08/04 COLE NATIONAL GROUP INC DE X X 06/08/04 COMTECH TELECOMMUNICATIONS CORP /DE/ DE X X 06/08/04 CORNELL COMPANIES INC DE X X X 06/04/04 COUNTRYWIDE FINANCIAL CORP DE X 05/31/04 COVENANT TRANSPORT INC NV X 06/01/04 COX RADIO INC DE X 06/04/04 CREDENCE SYSTEMS CORP DE X X 06/08/04 CV THERAPEUTICS INC DE X X 06/08/04 CYTOGENIX INC NV X X 06/08/04 DAN RIVER INC /GA/ GA X X 06/07/04 DIAMOND OFFSHORE DRILLING INC DE X X 06/07/04 DIRECT GENERAL CORP X X 06/08/04 DIVERSIFIED CORPORATE RESOURCES INC TX X X X 06/03/04 DOMINION HOMES INC OH X X 06/07/04 DREW INDUSTRIES INC DE X X 06/07/04 DUSA PHARMACEUTICALS INC NJ X X 06/08/04 ELECTRA CAPITAL INC /NV NV X X 04/14/04 ENCORE ACQUISITION CO DE X X 06/07/04 ENTERGY CORP /DE/ DE X X 06/08/04 ENZON PHARMACEUTICALS INC DE X 06/07/04 EPIX MEDICAL INC X 06/07/04 AMEND ESPEY MFG & ELECTRONICS CORP NY X X 06/07/04 ESTEE LAUDER COMPANIES INC DE X 06/07/04 ETHAN ALLEN INTERIORS INC DE X X 06/07/04 FACEPRINT GLOBAL SOLUTIONS INC WY X X 06/03/04 FACTORY CARD OUTLET CORP DE X X 06/08/04 FERRELLGAS PARTNERS L P DE X X X 06/08/04 FIFTH THIRD BANCORP OH X X 06/08/04 FIRST FEDERAL BANCSHARES OF ARKANSAS TX X X 06/08/04 FIRST INDUSTRIAL LP DE X 06/08/04 FIRST SENTINEL BANCORP INC DE X X 06/08/04 FIRST YEARS INC MA X X 06/04/04 FOREST CITY ENTERPRISES INC OH X 06/03/04 FOREST CITY ENTERPRISES INC OH X 06/08/04 FREDS INC TN X X 06/08/04 GALAXY CHAMPIONSHIP WRESTLING INC NV X X X 03/31/04 GENESCO INC TN X 06/08/04 GENSYM CORP DE X 06/02/04 GIANT MOTORSPORTS INC NV X X 06/02/04 GLIMCHER REALTY TRUST MD X 06/08/04 GMACM Mortgage Pass-Through Certifica DE X X 06/07/04 GRANT PARK FUTURES FUND LIMITED PARTN IL X 06/08/04 GREENPOINT MORTGAGE SECURITIES LLC DE X X 05/25/04 GSI LUMONICS INC A3 X X 06/08/04 GVI SECURITY SOLUTIONS INC DE X X 05/27/04 GXS CORP DE X X 06/08/04 HANCOCK JOHN LIFE INSURANCE CO MA X X 06/07/04 HARTCOURT COMPANIES INC UT X X 06/03/04 HAUSER INC DE X X 05/28/04 HAWAIIAN ELECTRIC INDUSTRIES INC HI X X 05/28/04 HAWAIIAN ELECTRIC INDUSTRIES INC HI X 06/07/04 HAWAIIAN HOLDINGS INC DE X X 05/20/04 HAYES LEMMERZ INTERNATIONAL INC DE X X 05/27/04 HEALTHSOUTH CORP DE X X 06/07/04 HOLLYWOOD ENTERTAINMENT CORP OR X X 06/07/04 HUFFY CORP OH X X 05/24/04 HURON VENTURES INC DE X X X X 05/26/04 IGATE CORP PA X X 06/08/04 INCARA PHARMACEUTICALS CORP DE X X 06/07/04 INDYMAC ABS INC DE X X 06/08/04 INLAND WESTERN RETAIL REAL ESTATE TRU MD X X 05/13/04 INTERNATIONAL ABSORBENTS INC A1 X 06/08/04 INTERSECTIONS INC DE X 06/08/04 INVESTOOLS INC DE X X 05/12/04 AMEND IQ POWER TECHNOLOGY INC X 06/08/04 J P MORGAN CHASE & CO DE X X 05/25/04 KCS ENERGY INC DE X X 06/07/04 KINGDOM VENTURES INC NV X X 06/03/04 KIWI NETWORK SOLUTIONS INC NV X 06/01/04 KMG CHEMICALS INC TX X 06/04/04 KRAMONT REALTY TRUST MD X X 06/08/04 LANCER ORTHODONTICS INC /CA/ CA X X 06/07/04 AMEND LANDRYS RESTAURANTS INC DE X X 06/07/04 LIBERTY STAR GOLD CORP NV X X 06/08/04 LIFE ENERGY & TECHNOLOGY HOLDINGS INC DE X X 05/25/04 LION INC/WA WA X 06/07/04 LONGS DRUG STORES CORP MD X 06/08/04 LUBYS INC DE X 06/02/04 MAILKEY CORP NV X 03/25/04 AMEND MAINSOURCE FINANCIAL GROUP IN X X 06/08/04 MARKETWATCH COM INC DE X 06/08/04 MEDIATELEVISION TV INC DE X X 04/01/04 AMEND MIKRON INFRARED INC NJ X X 06/08/04 MINORPLANET SYSTEMS USA INC DE X X 05/24/04 MOBILEPRO CORP DE X X 06/03/04 Morgan Stanley ABS Capital I Inc. Tru DE X X 04/29/04 AMEND MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 06/04/04 MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 06/07/04 NATHANIEL ENERGY CORP NV X 06/07/04 National Collegiate Student Loan Trus X 06/08/04 NESTOR INC DE X X 06/08/04 NEW CENTURY BANCORP INC NC X X 06/07/04 NMXS COM INC DE X X 06/01/04 NOVASTAR MORTGAGE FUNDING CORP DE X X 06/08/04 NYFIX INC DE X X 06/08/04 ONE LIBERTY PROPERTIES INC MD X X 06/07/04 PHARMACYCLICS INC DE X X 06/07/04 PINNACLE DATA SYSTEMS INC OH X 06/01/04 PivX Solutions, Inc. NV X X X 03/25/04 AMEND POINT THERAPEUTICS INC DE X X 06/07/04 POPE RESOURCES LTD PARTNERSHIP DE X X 06/07/04 POWELL INDUSTRIES INC NV X 04/30/04 PRIME GROUP REALTY TRUST MD X 06/07/04 PROCENTURY CORP X X 06/07/04 PROVIDENT FINANCIAL SERVICES INC DE X X 06/08/04 R H DONNELLEY CORP DE X 06/08/04 RADYNE COMSTREAM INC NY X X 06/07/04 REMEC INC CA X X 06/08/04 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 06/08/04 RF MICRO DEVICES INC NC X X 05/24/04 RIVERSTONE NETWORKS INC DE X 06/08/04 RJ REYNOLDS TOBACCO HOLDINGS INC DE X X 06/08/04 ROBBINS & MYERS INC OH X X 06/08/04 SAN JOSE INTERNATIONAL INC X X 06/08/04 SAN RAFAEL BANCORP CA X X 06/07/04 SAXON CAPITAL INC DE X X 06/07/04 SCHOOL SPECIALTY INC WI X X 06/08/04 SECURED DIGITAL APPLICATIONS INC DE X X 06/07/04 SECURITY BIOMETRICS INC NV X X 06/04/04 SEMCO ENERGY INC MI X X 06/04/04 SEQUOIA MORTGAGE FUNDING CORP MD X X 05/28/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SEQUOIA RESIDENTIAL FUNDING INC X X 05/20/04 SHELBOURNE II Liquidating Trust X 06/03/04 SIGMA DESIGNS INC CA X X 06/03/04 SILVERLEAF RESORTS INC X X 06/07/04 SIMMONS CO /GA/ DE X X 06/08/04 SOUTHERN CONNECTICUT BANCORP INC CT X X 06/08/04 SPIEGEL INC DE X X 05/01/04 ST JOHN KNITS INTERNATIONAL INC DE X X 06/08/04 STERLING CONSTRUCTION CO INC DE X 06/07/04 STEWART ENTERPRISES INC LA X X 06/08/04 STRUCTURED ASSET SECS CORP MORT PASS- DE X X 04/27/04 STRUCTURED ASSET SECURITIES CORP DE X 06/08/04 SYNTHETECH INC OR X 05/26/04 TAKE TWO INTERACTIVE SOFTWARE INC DE X X X 06/08/04 TCF FINANCIAL CORP DE X X 06/08/04 TEXAS REGIONAL BANCSHARES INC TX X X 06/08/04 THORATEC CORP CA X 06/08/04 TITAN CORP DE X X 06/04/04 TOTAL ENTERTAINMENT INC IN X X 06/07/04 TRINITY3 CORP DE X 05/31/04 UMPQUA HOLDINGS CORP OR X X 06/08/04 UNITED COMPONENTS INC DE X X 06/08/04 VCG HOLDING CORP X X 06/07/04 VERINT SYSTEMS INC X X 03/31/04 AMEND VIAD CORP DE X X 06/08/04 VOIP INC X X 06/07/04 WaMu Mortgage Pass-Through Certificat DE X 05/24/04 WASHINGTON MUTUAL MORTGAGE SECURITIES DE X 06/04/04 WELLS FARGO ASSET SECURITIES CORP DE X X 06/07/04 WELLS FARGO ASSET SECURITIES CORP DE X X 06/08/04 WGL HOLDINGS INC VA X 06/04/04 WINDSOR WOODMONT BLACK HAWK RESORT CO CO X X 05/28/04 WNC HOUSING TAX CREDIT FUND VI LP SER CA X X 03/17/04 WOOD PRODUCTS INC NV X 05/10/04 WPCS INTERNATIONAL INC DE X X 06/08/04 CPI CORP DE X 06/02/04