SEC NEWS DIGEST Issue 2003-90 May 12, 2003 COMMISSION ANNOUNCEMENTS OFFICE OF THE CHIEF ACCOUNTANT AND DIVISION OF CORPORATION FINANCE RELEASE STAFF ACCOUNTANT BULLETIN 103 The Commission's Office of the Chief Accountant and the Division of Corporation Finance announced today the release of Staff Accounting Bulletin (SAB) No. 103, "Update of Codification of Staff Accounting Bulletins." This SAB revises or rescinds portions of the interpretive guidance previously included in the codification of SABs in order to make the interpretive guidance consistent with current authoritative accounting and auditing guidance and SEC rules and regulations. Many of the changes involve the rescission of material no longer needed because of changes in authoritative accounting standards as well as Commission rulemaking. For further information, please contact Paul Munter or John W. Albert of the Office of the Chief Accountant at (202) 942-4400. (Press Rel. 2003- 61) STATEMENT OF THE COMMISSION REGARDING DISTRIBUTION FUNDS FROM THE GLOBAL SETTLEMENT The Commission today provided preliminary information, in question and answer format, regarding the Distribution Funds that will be established as a result of the Global Settlement. As explained more fully in the attached document, the settlement provides that the Commission will recommend to the Court, and the Court will appoint, a Distribution Fund Administrator. This individual will prepare distribution plans that contain the complete and final terms for distribution of funds to investors. Those plans will be subject to the approval of the court. Until that time, the Commission thought it would be helpful to provide investors with preliminary information concerning the Distribution Funds. Because the final terms of distribution will be determined by the Distribution Fund Administrator, some of this information may change. The name of the Fund Administrator has not yet been determined. Investors need not take any action at this time to be eligible to receive money from the Distribution Funds. Under the terms of the settlement, the firms must provide the Fund Administrator with all documents and information necessary to enable the Fund Administrator to identify those who may be eligible to receive a payment. (Press Rel. 2003-62) CHANGE IN THE MEETING: ADDITIONAL ITEM/ADDITIONAL MEETING The following item was added to the closed meeting held on Thursday, May 8: Litigation matter. ADDITIONAL CLOSED MEETING - FRIDAY, MAY 9, 2003 - 3:00 P.M. The subject matter of the additional closed meeting held on Friday, May 9 was: Litigation matter. 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. ENFORCEMENT PROCEEDINGS COMMISSION ISSUES CEASE-AND-DESIST ORDER AGAINST RELIANT RESOURCES, INC. AND RELIANT ENERGY, INC. FOR ROUND TRIP TRADES AND EARNINGS SHIFTING TRANSACTIONS The Commission today ordered Reliant Resources, Inc. and Reliant Energy, Inc. to cease and desist from violations of the antifraud and issuer reporting and recordkeeping requirements of the federal securities laws. The Commission's findings, which the Respondents did not admit or deny, centered upon two types of transactions during 1999 to 2001: (1) round trip trades and (2) earnings shifting transactions. The Order found that from 1999 to 2001, Respondents engaged in significant same-day commodity trading transactions involving simultaneous, pre-arranged purchases and sales with the same counter party for the same volume at the same price (round trip trades). The round trip trades were designed for the sole purpose of increasing trading volumes to improve Respondents' standing in the gas and power trading rankings in industry publications. According to the Order, in 1999, 2000, and 2001, Respondents engaged in 17 round trip power trades that accounted for 26 percent, 14.5 percent, and 19.5 percent, respectively, of Respondents' total reported megawatt hours of power volume. Each round trip trade was for a large volume in order to achieve with one transaction the increased volume that would only result from hundreds of smaller trades. As an illustration, the Order found that in 2001 the average round trip power trade entered into by Reliant Resources was 9.29 million megawatt hours, or forty-six times a normal large trade. The Order also found that in 1999 and 2001, Respondents engaged in two round trip gas trades that accounted for 20 percent and six percent, respectively, of Respondents' reported billion cubic feet of gas volume. Respondents' power ranking as reported in industry publications increased from tenth to seventh, and its gas ranking increased from eighth to seventh, in 1999. Reliant Resource's power ranking increased from seventh to fifth in 2000, and from fifth to third in 2001. According to the Order, Respondents included the inaccurate volume numbers attributable to the round trip trades and mentioned their rankings in their annual and quarterly reports filed with the Commission. In addition, because of Respondents' practice of recording all trades on a gross basis, the round trip trading transactions conveyed an inaccurate picture of Respondents' gross revenue and expenses. On May 21, 2002, Respondents restated revenues for 1999, 2000, and 2001 to reflect the net value instead of the gross value of the round-trip trades. The round trip trade revenue that was removed in the restatement accounted for 17.7 percent, 5.3 percent, and 10.6 percent, respectively, of previously reported 1999, 2000, and 2001 revenues. The Order also found that during a period of dramatically increasing energy prices, Respondents made two separate efforts to move earnings out of current periods and into future periods in which the high prices likely would not be sustained. First, in the fourth quarter of 2000, Respondents entered into a swing-swap consisting of four financially- settled natural gas swap transactions that had the effect of decreasing fourth quarter 2000 pre-tax earnings by $20 million and increasing first quarter 2001 pre-tax earnings by $20 million. Second, during May through September 2001, Reliant Resources executed four structured transactions consisting of a series of forward or swap contracts to buy and sell an energy commodity in 2001 and another series to buy and sell an energy commodity in 2002 or 2003. The contract prices in totality were structured to result in a net cash outflow to the counter parties in 2001 and a net cash inflow from the counter parties in 2002 or 2003. Reliant Resources booked the structured transactions as derivative instruments that would qualify for hedge accounting in accordance with Statement of Financial Accounting Standards No. 133, "Accounting for Derivative Instruments and Hedging Activities" (SFAS No. 133). However, when each set of contracts (with their offsetting commodities risks) was considered in combination, there was no substantive commodity price risk mitigation as required by SFAS 133. Also, SFAS No. 133 cannot be used to shift a predetermined gain to a future period. Following an internal review, Reliant Resources restated the structured transactions and, as a result, recognized approximately $134 million in 2001 earnings that it had previously expected to recognize in 2002 and 2003, raising 2001 reported earnings from approximately $218 million to $352 million. Respondents consented to the entry of the Commission's Order, which found violations of Section 17(a) of the Securities Act of 1933 and Sections 10(b), 13(a), and 13(b)(2) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, and 13a-13 thereunder. The Commission's investigation continues as to others. (Rels. 33-8232; 34-47828; AAE Rel. 1780; File No. 3-11110) PROCEEDINGS AGAINST JEFFREY PATTERSON SETTLED On May 12, the Commission settled previously instituted administrative and cease-and-desist proceedings against Jeffrey R. Patterson, a Pennsylvania resident. Patterson consented to the entry of the Commission's Order without admitting or denying the allegations against him. In the Order, the Commission made findings that Patterson sold securities in a fraudulent scheme orchestrated by Robert L. Bentley of Paoli, Pennsylvania. Bentley held himself out to his customers, most of whom were financial institutions, as a broker of bank-issued, federally- insured certificates of deposit. Bentley in fact bought CDs with customer funds. However, Bentley's customers did not acquire a direct ownership interest in these CDs. Instead, beginning in 1996, Bentley issued to the customers separate instruments, which were securities in the form of notes or investment contracts. These securities promised to pay interest rates and had maturity dates that varied from those terms in the underlying CDs. In many instances, Bentley bought long-term CDs and issued shorter-term securities to his customers. Consequently, buyers of Bentley's securities depended upon Bentley, rather than the bank that issued the underlying CD, for the return of their principal. In the Order the Commission made findings that Patterson materially misled his clients about the nature of the investment he was selling to his customers. The Commission also found that Patterson acted as a broker without being registered with the Commission. As a result, the Commission found that Patterson willfully violated Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Patterson pursuant to his offer of settlement consented to be barred from association with any broker, dealer, or investment adviser, provided that after one year he may reapply to become associated in a non-supervisory, non-proprietary capacity. Patterson is also ordered to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder. Patterson was ordered to disgorge $838,814, with partial waivers of these amounts and non-imposition of civil penalties based on his demonstrated inability to pay more. In October 2001, the Commission filed an injunctive action against Bentley and his entities through which he carried out the scheme, Entrust Group and Bentley Financial Services, Inc. See Litigation Releases No. 17201 (Oct. 23, 2001), 17206 (Oct. 25, 2001), and 17228 (Nov. 13, 2001). Bentley's business is now being liquidated by a court- ordered receiver. (Rels. 33-8233; 34-47829; IA-2127; File No. 3-10936) PROCEEDINGS AGAINST TERRANCE TURMAN SETTLED On May 12, the Commission settled previously instituted administrative and cease-and-desist proceedings against Terrance Turman, a Pennsylvania resident. Turman consented to the entry of the Commission's order without admitting or denying the allegations against him. In the Order, the Commission made findings that Turman sold securities in a fraudulent scheme orchestrated by Robert L. Bentley of Paoli, Pennsylvania. Bentley held himself out to his customers, most of whom were financial institutions, as a broker of bank-issued, federally-insured certificates of deposit. Bentley in fact bought CDs with customer funds. However, Bentley's customers did not acquire a direct ownership interest in these CDs. Instead, beginning in 1996, Bentley issued to the customers separate instruments, which were securities in the form of notes or investment contracts. These securities promised to pay interest rates and had maturity dates that varied from those terms in the underlying CDs. In many instances, Bentley bought long-term CDs and issued shorter- term securities to his customers. Consequently, buyers of Bentley's securities depended upon Bentley, rather than the bank that issued the underlying CD, for the return of their principal. In the Order the Commission made findings that Turman materially misled his clients about the nature of the investment he was selling to his customers. The Commission also found that Turman acted as a broker without being registered with the Commission. As a result, the Commission found that Turman willfully violated Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Turman pursuant to his offer of settlement consented to be barred from association with any broker, dealer, or investment adviser, provided that after one year he may reapply to become associated in a non- supervisory, non-proprietary capacity. Turman is also ordered to cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder. Turman was ordered to disgorge $1,349,876, with partial waivers of these amounts and non- imposition of civil penalties based on his demonstrated inability to pay more. In October 2001, the Commission filed an injunctive action against Bentley and his entities through which he carried out the scheme, Entrust Group and Bentley Financial Services, Inc. See Litigation Releases No. 17201 (Oct. 23, 2001), 17206 (Oct. 25, 2001), and 17228 (Nov. 13, 2001). Bentley's business is now being liquidated by a court- ordered receiver. (Rels. 33-8231; 34-47827; IA-2126; File No. 3-10936) SEC SUES SPAMMER WHO CREATED FICTITIOUS GOVERNMENT ENTITY, USED SEC SEAL IN INTERNET INVESTMENT SCAM The Commission today filed a complaint in the U.S. District Court for the Eastern District of Tennessee charging 20-year-old Oak Grove, Kentucky resident K.C. Smith with fraudulently raising $102,554 by falsely guaranteeing double-digit monthly returns on two websites and in approximately nine million spam e-mail messages. Without admitting or denying the allegations made by the Commission, Smith consented to an order requiring him to pay $107,510 in disgorgement and pre-judgment interest and enjoining him from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint alleges that between May 2002 and February 2003 Smith created websites for two fictitious investment opportunities, including a site for Kryer Financial, a fictitious investment company offering double-digit monthly returns on investments purportedly insured by the "United States Deposit Insurance Corporation" or "USDIC," another entity invented by Smith. Smith is also alleged to have created a website for the USDIC featuring the Commission's official seal and claiming that investments through Kryer Financial were fully insured against loss. According to the complaint, none of the money Smith raised through the sites was invested and none of it was insured; Smith used the money he raised to pay his personal living expenses. The complaint further alleges that Smith promoted the fictitious investment opportunities in nine million spam e-mail messages and that he took careful steps to conceal his identity, including calling potential investors on disposable cellular telephones, using stolen service provider accounts to access the internet, and collecting investor funds through online payment services that maintain payee confidentiality. The Commission acknowledges the assistance of the Texas State Securities Board in the investigation of this matter. [SEC v. K.C. Smith, Civil Action No. 2:03-CV-173, ED Tenn.] (LR-18130) FORMER MCA CFO, PREVIOUSLY SUED BY SEC FOR INVOLVEMENT IN MCA FINANCIAL AND OFFERING FRAUD, SENTENCED TO PRISON TERM AND RESTITUTION The Commission announced that on May 8 the Honorable Judge John Feikens of the U.S. District Court for the Eastern District of Michigan sentenced Keith Pietila, former Chief Financial Officer of MCA Financial Corporation (MCA), to four years in prison for his involvement in a fraudulent scheme perpetrated by MCA. Judge Feikens also ordered Pietila to pay $256 million in restitution. Previously, on Jan. 23, 2002, Pietila pled guilty to one count of mail fraud and one count of making false statements to the Commission. Pietila and six other MCA executives and employees (defendants) are the subjects of a pending civil injunctive action filed by the Commission on April 23, 2002, in the U.S. District Court for the Eastern District of Michigan involving alleged violations of the antifraud, reporting and other provisions of the federal securities laws. The complaint alleges that MCA was a mortgage banking company headquartered in Southfield and Troy, Michigan that engaged in a financial and offering fraud in connection with two different types of securities. First, the complaint alleges that MCA sold $71 million of securitized interests in pools of mortgage loans from 1994 through 1999 while knowingly misrepresenting the risk, rate of return and historical performance of the interests in the offering materials. The complaint alleges that, as a result, investors lost at least $49 million. Second, the complaint alleges that MCA engaged in the fraudulent sale of $19 million in debentures between 1994 and 1999 by including financial statements that materially inflated its assets, income and equity in registration statements and annual and quarterly reports filed with the Commission. The complaint further alleges that MCA materially inflated its assets, income and equity by improperly: (1) recognizing gains on sale of real estate to related parties; (2) valuing certain mortgages held for resale; (3) failing to disclose related party mortgages held for resale; (4) failing to write down uncollectible related party receivables; and (5) failing to disclose MCA's potential liability in connection with the fraudulent sale of the securitized interests in pools of mortgage loans. The complaint alleges that as a result, investors in the debentures lost all $19 million invested. The complaint alleges that all seven defendants violated, or aided and abetted violations of, the antifraud provisions of the federal securities laws as a result of their involvement in MCA's fraudulent sale of securities. In addition, the complaint alleges that Pietila and four other defendants violated, or aided and abetted violations of, the periodic reporting and corporate record-keeping provisions of the federal securities laws. The complaint seeks, among other things, injunctive relief and civil penalties against all seven defendants and seeks to bar Pietila and three other defendants from acting as an officer and director of a public company in the future. Criminal proceedings also have been instituted with respect to the other six defendants in the Commission's complaint. Four of those defendants have pled guilty to federal charges arising out of MCA's fraudulent scheme but have not been sentenced yet. The remaining two defendants were indicted on federal charges of conspiracy, mail fraud, wire fraud, bank fraud and making false statements to the Commission on June 23, 2002. In addition, the Michigan Attorney General's Office has filed state felony securities fraud charges against Pietila and three other defendants. The Commission wishes to thank the Office of the U.S. Attorney for the Eastern District of Michigan for its assistance and cooperation in this matter. [U.S. v. Quinlan, Wells, Pietila, Ajemian, O'Leary, Swain and Lasky, Case No. 01-80514, ED Mich., Judge Feikens]; [SEC v. Quinlan, Wells, Pietila, Ajemian, O'Leary, Swain and Lasky, Case No. 02-60082, USDC, ED Mich., Judge Battani] (LR-18131; AAER-1779) MEMPHIS FINANCIAL ADVISOR DAVID NAMER SENTENCED TO OVER 29 YEARS IN PRISON-ONE OF THE LONGEST WHITE COLLAR SENTENCES IN HISTORY The Commission announced today that on May 6 David I. Namer, a Memphis- based financial advisor, was sentenced to a prison term of 29 years and two months. This is one of the longest sentences ever in a white collar case. Namer, 55, was found guilty on Aug. 20, 2002, by a federal jury of 93 counts of conspiracy, securities fraud, mail fraud, wire fraud, money laundering, and tax evasion. The indictment charged that Namer masterminded a multi-faceted fraudulent scheme from 1994 through 1996 involving the sale of approximately $35 million of corporate notes to hundreds of investors located throughout the nation. In addition to the prison sentence, Namer was ordered to forfeit $34.6 million in cash, his house, and shares of stock that he acquired with ill-gotten gains. He was also ordered to serve five years of supervised release and to pay special assessments totaling $6,800. He has been incarcerated since Sept. 28, 2000. Six of Namer's co-conspirators previously entered guilty pleas and agreed to cooperate with the prosecution: Craig Colwell; Bruce Barbers; Richard Quackenbush; Michael Ploshnick, the former president of Meyers Pollock Robbins; Larry Baresel, Namer's in-house attorney; and Frederick J. Smith, the owner of Associated Insurance Agency in Boston, Massachusetts. These defendants previously received the following sentences: Colwell (one year and one day), Barbers (68 months), Quackenbush (48 months), Ploshnick (40 months), and Baresel (68 months). Smith, who is ill, has not been sentenced yet. The case was prosecuted by the U.S. Attorney's Office in Memphis. The Commission detailed two SEC trial attorneys to that office to assist with the investigation and prosecution of the case. The Commission also filed a related civil enforcement action in 1997 against Namer, Meyers Pollock Robbins, Inc., Michael Ploshnick, and others, which was stayed pending the disposition of the criminal case. [U.S. v. David I. Namer, Cr. No. 00-20176-MI, USDC, WD Tenn]; [SEC v. David I. Namer, et al., 97 Civ. 2085, USDC, SDNY, MBM] (LR-18132) NEW YORK ATTORNEY CHARGED WITH USING CONFIDENTIAL INFORMATION FROM CLIENTS TO ENGAGE IN ILLEGAL INSIDER TRADING The Commission announced today that it filed a civil injunctive action in federal court in Brooklyn, charging Raymond S. Evans (Evans), a New York attorney, with engaging in illegal insider trading. In its complaint, the Commission alleges that Evans purchased Periphonics Corporation (Periphonics) stock from June 1999 through July 1999 while in possession of material non-public information concerning the acquisition of Periphonics by Nortel Networks Corporation (Nortel), and Evans sold Hirsch International Corporation (Hirsch) stock in September 1997 while in possession of material non-public information concerning negative projections of Hirsch's estimated quarterly earnings. Evans, without admitting or denying the allegations in the complaint, consented to a judgment that permanently enjoins him from future violations of the antifraud provisions of the federal securities laws, orders him to disgorge his gains from the illegal trades and imposes a civil penalty that is equal to two times the amount of Evans' trading profits in Periphonics stock. Evans, age 66, was a partner in the law firm of Ruskin, Moscou, Evans & Faltischek, P.C., n/k/a Ruskin, Moscou, Faltischek, P.C. (Law Firm) at the time the violations occurred, and resigned from the Law Firm on June 1, 2002. Periphonics and Hirsch were clients of the Law Firm. The complaint alleges the following. Between June and August 1999, the Law Firm represented Periphonics in confidential negotiations that led to the merger of Periphonics and Nortel. Evans participated in numerous meetings concerning the merger negotiations. As an attorney, Evans had a fiduciary duty to keep confidential the information he learned from clients in the course of the Law Firm's representation. In addition, Evans had a fiduciary duty to refrain from using confidential information obtained from a client for his own advantage or benefit without the client's consent. Between June 18 and July 1, 1999, in breach of the duties he owed to Periphonics and its shareholders, Evans purchased 19,800 shares of Periphonics stock on the basis of material non-public information concerning the merger. On Aug. 24, 1999, Periphonics and Nortel announced the merger between the two companies and the price of Periphonics stock rose approximately 10% to close at $27.75 per share. As a result of his unlawful purchases of Periphonics stock, Evans made at least $221,762.50 in illicit profits. During 1997, the Law Firm was outside legal counsel for Hirsch. From August 1997 through Sept. 8, 1997, Evans participated in confidential meetings and discussions with Hirsch officers and employees about Hirsch's financial condition, including its estimated earnings for the third quarter of its 1998 fiscal year (Estimated 1998 Earnings), which were expected to be well below analysts' projections. On September 2 and Sept. 3, 1997, in breach of his fiduciary duties, Evans sold his 6,125 shares of Hirsch stock in advance of the public announcement of the Estimated 1998 Earnings based on the material non-public information Evans acquired. Additionally, prior to Sept. 4, 1997, Evans tipped a family member who owned Hirsch stock with the material non-public information he had obtained concerning the Estimated 1998 Earnings. On Sept. 4, 1997, the Tippee sold 6,000 shares of Hirsch stock based on the material non-public information he acquired from Evans. On Sept. 8, 1997, Hirsch issued a press release announcing that its estimated earnings for the third quarter of its 1998 fiscal year would be $.08 to $.10 below analysts' projections. On Sept. 9, 1997, the price of Hirsch stock decreased approximately 20% to close at $17.875 per share. As a result of their unlawful sales of Hirsch stock, Evans avoided losses of $40,562.50 and the Tippee avoided losses of $40,375.00. Simultaneously with the filing of the complaint, Evans consented to the entry of a final judgment: (1) permanently enjoining him from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder; (2) ordering him to disgorge $302,700 in illegal profits and to pay prejudgment interest of $107,174.93; and (3) ordering him to pay a civil penalty of $443,525, which represents two times the amount of his illegal profits in Periphonics stock. [SEC v. Raymond S. Evans, 03 Civ. 2367 (SPATT) EDNY] (LR-18133) SELF-REGULATORY ORGANIZATIONS ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-CME-2003-01 submitted by Chicago Mercantile Exchange to adopt, on a permanent basis, the standards under which a market maker can qualify for exclusion from its margin rules. (Rel. 34-47812) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-BSE-2003-03) filed by the Boston Stock Exchange to amend the BSE's Floor Operations Fee schedule to permit the pass-through of miscellaneous fees to its members who incur such charges has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of May 12. (Rel. 34-47816) PROPOSED RULE CHANGE The International Securities Exchange filed a proposed rule change (SR- ISE-2003-10) and Amendment No. 1 thereto, relating to ISE Rule 720 on obvious errors. Publication of the proposal is expected in the Federal Register during the week of May 12. (Rel. 34-47817) APPROVAL OF PROPOSED RULE CHANGE The Commission approved a proposed rule change filed by the Chicago Board Options Exchange (SR-CBOE-2003-02), relating to the reporting of other affiliations of Associated Persons to the Exchange, under Section 19(b)(2) of the Securities Exchange Act of 1934. Publication of the notice is expected in the Federal Register during the week of May 12. (Rel. 34-47818) DELISTINGS GRANTED An order has been issued granting the application of the Pacific Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation, respecting certain underlying securities of Ticketmaster - Class B, effective at the opening of business on May 12. (Rel. 34-47823) An order has been issued granting the application of the Philadelphia Stock Exchange to strike from listing and registration certain call and put options contracts issued by The Options Clearing Corporation respecting underlying securities of the following companies, effective at the opening of business on May 12. AAR Corporation (AIR) AT&T Canada, Inc. (MFU/ATTC) California Amplifier, Inc. (UMP/CAMP) Conoco, Inc. (COC) Endocare, Inc. (PFU/ENDO) Metris Companies, Inc. (MXT) Neurogen Corporation (NQO/NRGN) Newpark Resources, Inc. (NR) Nuevo Energy Company (NEV) Stein Mart, Inc. (STQ/SMRT) Tower Semiconductor Ltd. (TWQ/TSEM) Tubos de Acero de Mexico - SA (TAM) World Access, Inc. (WXQ/WAXS) (Rel. 34-47824) SECURITIES ACT REGISTRATIONS The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue. Registration statements may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . S-3 MERRILL LYNCH & CO INC, 4 WORLD FINANCIAL CTR, NEW YORK, NY, 10080, 2124491000 - 0 ($15,000,000,000.00) Other, (File 333-105098 - May. 9) (BR. 07) S-8 TEXTRON INC, 40 WESTMINSTER ST, PROVIDENCE, RI, 02903, 4014212800 - 2,500,000 ($76,925,000.00) Equity, (File 333-105100 - May. 9) (BR. 05) S-4 PNB BANCSHARES INC, 329 COURT STREET PO BOX 68, PEKIN, IL, 61555-0068, 3093472151 - 0 ($3,576,000.00) Equity, (File 333-105101 - May. 9) (BR. ) S-8 CURON MEDICAL INC, 735 PALOMAR AVENUE, SUNNYVALE, CA, 94086, 4087339910 - 1,299,569 ($959,756.77) Equity, (File 333-105102 - May. 9) (BR. 36) S-1 NATIONAL FINANCIAL PARTNERS CORP, 787 7TH AVE, NEW YORK, NY, 10019, 212-301-4000 - 0 ($250,000,000.00) Equity, (File 333-105104 - May. 9) (BR. ) S-8 USF CORP, 8550 W BRYN MAWR AVE, SUITE 700, CHICAGO, IL, 60631, 773.824-1000 - 0 ($35,322,000.00) Equity, (File 333-105105 - May. 9) (BR. 05) S-8 SUREQUEST SYSTEMS INC, 7608 VALLEY GREEN DR STE 101, LAS VEGAS, NV, 89129, 18,500,000 ($4,282,000.00) Equity, (File 333-105106 - May. 9) (BR. 03) S-8 MOTOROLA INC, 1303 E ALGONQUIN RD, SCHAUMBURG, IL, 60196, 8475765000 - 0 ($760,475,000.00) Equity, (File 333-105107 - May. 9) (BR. 37) S-8 HARLEYSVILLE GROUP INC, 355 MAPLE AVE, HARLEYSVILLE, PA, 19438-2297, 2152565000 - 650,000 ($15,840,500.00) Equity, (File 333-105108 - May. 9) (BR. 01) S-4 ENTERPRISE PRODUCTS PARTNERS L P, 2727 NORTH LOOP WEST, HOUSTON, TX, 77008, 7138806500 - 0 ($500,000,000.00) Non-Convertible Debt, (File 333-105109 - May. 9) (BR. 04) S-8 PER SE TECHNOLOGIES INC, 2840 MT WILKINSON PARKWAY, SUITE 300, ATLANTA, GA, 30339, 7704445300 - 250,000 ($2,200,000.00) Equity, (File 333-105110 - May. 9) (BR. 03) S-8 PER SE TECHNOLOGIES INC, 2840 MT WILKINSON PARKWAY, SUITE 300, ATLANTA, GA, 30339, 7704445300 - 1,163,431 ($10,238,192.80) Equity, (File 333-105111 - May. 9) (BR. 03) S-8 EXULT INC, 4 PARK PLAZA SUITE 350, IRVINE, CA, 92614, 9492508002 - 5,282,421 ($38,772,970.00) Equity, (File 333-105112 - May. 9) (BR. 08) S-8 NEWELL RUBBERMAID INC, 29 E STEPHENSON ST, NEWELL CTR, FREEPORT, IL, 61032, 8152354171 - 15,000,000 ($436,712,447.50) Equity, (File 333-105113 - May. 9) (BR. 06) S-3 PARADIGM MEDICAL INDUSTRIES INC, 8019778970 - 11,800,000 ($1,800,000.00) Equity, (File 333-105115 - May. 9) (BR. 36) S-8 KAYDON CORP, 315 E. EISENHOWER PARKWAY, SUITE 300, ANN ARBOR, MI, 48108, 7347477025 - 0 ($8,992,000.00) Equity, (File 333-105116 - May. 9) (BR. 06) S-8 INDUSTRIES INTERNATIONAL INC, 1236 WIGWAM STREET, MESQUITE, NV, 89207, 15,000,000 ($21,000,000.00) Equity, (File 333-105117 - May. 9) (BR. 37) S-8 LOCKHEED MARTIN CORP, 6801 ROCKLEDGE DR, BETHESDA, MD, 20817, 3018976000 - 22,500,000 ($1,100,475,000.00) Equity, (File 333-105118 - May. 9) (BR. 05) SB-2 INTERNATIONAL SCRIPOPHILY EXCHANGE, 500 NEWPORT CENTER DR, STE 580, NEWPORT BEACH, CA, 92660, 9497066008 - 2,010,000 ($2,010,000.00) Equity, (File 333-105119 - May. 9) (BR. ) S-8 EDGETECH SERVICES INC, 18 WYNFORD DRIVE, SUITE 615, TORONTO, A1, 00000, 416-441-4046 - 3,000,000 ($465,000.00) Equity, (File 333-105122 - May. 9) (BR. 05) S-4 RADNOR HOLDINGS CORP, THREE RADNOR CORPORATE CENTER STE 300, 100 MATSONFORD RD, RADNOR, PA, 19087, 6103419600 - 0 ($135,000,000.00) Non-Convertible Debt, (File 333-105123 - May. 9) (BR. 06) SB-2 FAMOUS FIXINS INC, 250 WEST 57TH ST, STE 1112, NEW YORK, NY, 10107, 2122457773 - 84,166,667 ($3,518,000.00) Equity, (File 333-105124 - May. 9) (BR. 08) S-4 POLYONE CORP, SUITE 36-500, 200 PUBLIC SQUARE, CLEVELAND, OH, 441142304, 2165894000 - 300,000,000 ($300,000,000.00) Non-Convertible Debt, (File 333-105125 - May. 9) (BR. 06) F-9 PLACER DOME INC, 1055 DUNSMUIR ST STE 1600, PO BOX 49330 BENTALL POSTAL STATION, VANCOUVER BC CANADA, A1, 6046827082 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-105126 - May. 9) (BR. 04) S-3 VIEWPOINT CORP/NY/, 498 SEVENTH AVENUE, SUITE 1810, NEW YORK, NY, 10018, 212-201-0800 - 0 ($2,747,214.56) Equity, (File 333-105127 - May. 9) (BR. 03) SB-2 HUDSON TECHNOLOGIES INC /NY, 275 N MIDDLETOWN RD, PEARL RIVER, NY, 10965, 8457356000 - 0 ($5,000,000.00) Equity, (File 333-105128 - May. 9) (BR. 06) S-3 BB&T CORP, 200 WEST SECOND STREET, WINSTON-SALEM, NC, 27101, 3367332000 - 0 ($2,000,000,000.00) Unallocated (Universal) Shelf, (File 333-105129 - May. 9) (BR. 07) S-8 SUN LIFE FINANCIAL SERVICES OF CANADA INC, 150 KING STREET WEST, TORONTO ONTARIO, CANADA M5H 1J9, A6, 00000, 5,000,000 ($99,875,000.00) Other, (File 333-105130 - May. 9) (BR. ) S-3 NORTHWEST BANCORP INC, LIBERTY & SECOND STS, WARREN, PA, 16365, 8147287260 - 0 ($124,274,197.00) Equity, (File 333-105131 - May. 9) (BR. 07) S-3 GREAT LAKES CHEMICAL CORP, 500 EAST 96TH STREET, SUITE 500, INDIANAPOLIS, IN, 46240, 3177153000 - 300,000 ($7,230,000.00) Equity, (File 333-105132 - May. 9) (BR. 02) S-8 TXU CORP /TX/, ENERGY PLAZA, 1601 BRYAN ST, DALLAS, TX, 75201, 2148125210 - 10,000,000 ($186,500,000.00) Equity, (File 333-105133 - May. 9) (BR. 02) S-4 LIBERTY MEDIA CORP /DE/, 12300 LIBERTY BLVD., ENGLEWOOD, CO, 80112, 7208755400 - 0 ($15,235,758.00) Equity, (File 333-105134 - May. 9) (BR. 37) S-8 FIRST WASHINGTON FINANCIAL CORP, US ROUTE 130 & MAIN STREET, WINDSOR, NJ, 08561, 6094261000 - 140,000 ($2,156,000.00) Equity, (File 333-105135 - May. 9) (BR. 07) S-8 CHEVRONTEXACO CORP, 6001 BOLLINGER CANYON ROAD, SAN RAMON, CA, 94583, 925-842-1000 - 390,208 ($26,050,286.08) Equity, (File 333-105136 - May. 9) (BR. 04) S-4 ABX AIR INC, 145 HUNTER DRIVE, WILIMINGTON, OH, 45177, 0 ($1,107,491,796.25) Equity, (File 333-105137 - May. 9) (BR. 05) S-8 PAIN THERAPEUTICS INC, 250 EAST GRAND AVENUE, SUITE 70, SOUTH SAN FRANCISCO, CA, 94080, 6506248200 - 2,350,000 ($7,919,500.00) Equity, (File 333-105138 - May. 9) (BR. 01) S-4 GLOBALSANTAFE CORP, 777 N. ELDRIDGE PARKWAY, -, HOUSTON, TX, 77079-4483, 713-596-5100 - 0 ($250,000,000.00) Non-Convertible Debt, (File 333-105139 - May. 9) (BR. 04) S-8 ARTHROCARE CORP, 680 VAQUEROS AVE, SUNNYVALE, CA, 94085, 4087360224 - 0 ($29,168,338.08) Equity, (File 333-105140 - May. 9) (BR. 36) S-3 COLONIAL PROPERTIES TRUST, 2101 SIXTH AVE N STE 750, STE 750, BIRMINGHAM, AL, 35203, 205-250-8700 - 0 ($500,000,000.00) Equity, (File 333-105141 - May. 9) (BR. 08) S-8 NUMEREX CORP /PA/, 1600 PARKWOOD CIRCLE, SUITE 200, ATLANTA, GA, 30339, 6109412844 - 0 ($1,570,000.00) Equity, (File 333-105142 - May. 9) (BR. 37) SB-2 MOBILEPRO CORP, 3204 TOWER OAKS BLVD., SUITE 350, ROCKVILLE, MD, 20852, 301-230-9125 - 160,000,000 ($1,200,000.00) Equity, (File 333-105143 - May. 9) (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. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT ------------------------------------------------------------------------------------ ADVA INTERNATIONAL INC DE X 05/09/03 ADVO INC DE X X 05/09/03 AEGIS ASSET BACKED SECURITIES CORP DE X 04/24/03 AEGIS ASSET BACKED SECURITIES CORP DE X 04/24/03 AETHER SYSTEMS INC DE X X 05/08/03 ALLEGIANT BANCORP INC/MO/ MO X X 05/08/03 ALLIANCE LAUNDRY CORP X 05/08/03 ALLIANCE LAUNDRY HOLDINGS LLC X 05/08/03 ALLIANCE LAUNDRY SYSTEMS LLC X 05/08/03 ALLOS THERAPEUTICS INC DE X X X 05/06/03 ALPENA BANCSHARES INC X X 04/30/03 AMERICAN EAGLE OUTFITTERS INC DE X X 05/07/03 AMERICAN LAND LEASE INC DE X X 05/07/03 AMERICAN PHYSICIANS CAPITAL INC MI X 05/08/03 AMERICAN RETIREMENT VILLAS PROPERTIES CA X X 05/08/03 AMERICAN RETIREMENT VILLAS PROPERTIES CA X X 05/08/03 AMERICAN SEAFOODS GROUP LLC DE X X 05/08/03 AMERIQUEST MORTGAGE SECURITIES INC DE X 05/09/03 AMERIQUEST MORTGAGE SECURITIES INC DE X X 05/09/03 ANWORTH MORTGAGE ASSET CORP MD X X 05/08/03 APEX SILVER MINES LTD X X 05/06/03 APOGEE ENTERPRISES INC MN X X 04/02/03 AMEND ARCH WIRELESS INC DE X 03/31/03 ARIAD PHARMACEUTICALS INC DE X X 05/09/03 ARIZONA PUBLIC SERVICE CO AZ X 05/07/03 ARMSTRONG HOLDINGS INC /PA/ PA X 05/09/03 ATLANTIC LIBERTY FINANCIAL CORP DE X X 05/15/03 ATNG INC TX X X 05/01/03 AUTO DATA NETWORK DE X X 04/23/03 AMEND AVI BIOPHARMA INC OR X X 05/05/03 AMEND AVOCA INC LA X 05/09/03 BANK JOS A CLOTHIERS INC /DE/ DE X 05/08/03 BEAR STEARNS ARM TRUST 2002-7 DE X X 04/25/03 BEAR STEARNS ARM TRUST 2002-7 DE X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS DE X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS DE X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 04/25/03 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 04/25/03 BERKSHIRE BANCORP INC /DE/ DE X 05/08/03 BFC FINANCIAL CORP FL X 05/05/03 BINGO COM INC FL X 12/31/02 BIOANALYTICAL SYSTEMS INC IN X 03/17/03 BIOMETRICS SECURITY TECHNOLOGY INC DE X 05/08/03 BITSTREAM INC DE X 05/08/03 BLUEGREEN CORP MA X 04/29/03 BROWN TOM INC /DE DE X 05/07/03 BRUSH ENGINEERED MATERIALS INC X X 05/09/03 BUCA INC /MN MN X X 05/06/03 AMEND BUSH INDUSTRIES INC DE X X 05/08/03 CALIFORNIA COASTAL COMMUNITIES INC DE X 05/07/03 CAMDEN NATIONAL CORP ME X 05/09/03 CAPITAL SOUTHWEST CORP TX X X 05/02/03 CAPSTONE INTERNATIONAL CORP DE X 05/08/03 CARDIMA INC DE X 05/08/03 CARECENTRIC INC DE X X 05/09/03 CATUITY INC DE X 05/09/03 CHITTENDEN CORP /VT/ VT X 05/09/03 CITICORP MORTGAGE SECURITIES INC DE X 05/09/03 CLAIRES STORES INC DE X X 05/08/03 CLAYTON HOMES INC DE X X 05/09/03 CNL HOSPITALITY PROPERTIES INC MD X X 05/08/03 COGNITRONICS CORP NY X 05/08/03 COMCAST CORP PA X X 05/08/03 COMFORCE CORP DE X X 05/08/03 COMPUTERIZED THERMAL IMAGING INC NV X 05/07/03 COMPUWARE CORPORATION MI X 05/07/03 CONCORD CAMERA CORP NJ X X 05/09/03 CORAM HEALTHCARE CORP DE X 05/02/03 CPI CORP DE X 05/08/03 CROSS COUNTRY HEALTHCARE INC DE X X X 05/07/03 CROWN CRAFTS INC GA X X 04/29/03 CROWN CRAFTS INC GA X X 05/07/03 CWABS INC DE X X 05/05/03 CWMBS INC DE X X 05/09/03 CYSIVE INC DE X X 05/07/03 DAISYTEK INTERNATIONAL CORPORATION /D DE X X 05/09/03 DELPHI CORP DE X 05/08/03 DEVELOPED TECHNOLOGY RESOURCE INC MN X X 04/30/03 DIGITAL ANGEL CORP DE X X 05/09/03 DOMINION RESOURCES INC /VA/ VA X X 05/09/03 DONNKENNY INC DE X X 05/07/02 ECHOSTAR COMMUNICATIONS CORP NV X X 05/09/03 ELCOM INTERNATIONAL INC DE X X 05/08/03 ELEVON INC DE X X 05/08/03 ENCORE CAPITAL GROUP INC DE X 04/10/03 ENRON CORP/OR/ OR X X 05/09/03 ENTERPRISE PRODUCTS PARTNERS L P DE X X 05/09/03 ENTRAVISION COMMUNICATIONS CORP DE X X 05/07/03 ENVIRONMENTAL SOLUTIONS WORLDWIDE INC FL X X 05/09/03 EPHONE TELECOM INC FL X X 05/06/03 EPIMMUNE INC DE X 05/09/03 EQUITY INNS INC TN X 05/08/03 EQUITY INNS INC TN X 05/08/03 ESTEE LAUDER COMPANIES INC DE X 05/09/03 EUNIVERSE INC NV X 05/09/03 FACTORY 2 U STORES INC DE X X 05/07/03 FARO TECHNOLOGIES INC FL X 05/08/03 FEATHERLITE INC MN X X 05/09/03 FIDELITY SOUTHERN CORP GA X X 05/09/03 FINANCIAL ASSET SEC CORP FIRST FRANKL DE X X 04/25/03 FIRST PLACE FINANCIAL CORP /DE/ DE X X 05/09/03 FIRSTENERGY CORP OH X 05/09/03 FIRSTENERGY CORP OH X 05/09/03 FLOWERS FOODS INC GA X X 04/24/03 FOOTSTAR INC DE X X 05/09/03 FOREST CITY ENTERPRISES INC OH X X 05/09/03 FOREST OIL CORP NY X X 05/08/03 FORTUNE NATURAL RESOURCES CORP DE X X 05/09/03 FOSTER WHEELER LTD D0 X X 05/09/03 FRANKLIN STREET PROPERTIES CORP /MA/ X X 05/08/03 FREESTAR TECHNOLOGY CORP NV X X 05/07/03 FRISBY TECHNOLOGIES INC DE X X 04/24/03 FRONTIER OIL CORP /NEW/ WY X X 04/17/03 FSF FINANCIAL CORP MN X X 05/09/03 GALYANS TRADING CO INC IN X X 05/08/03 GART SPORTS CO DE X X 05/09/03 GATEWAY ENERGY CORP/NE DE X X 05/09/03 GATEWAY FINANCIAL HOLDINGS INC NC X X 05/09/03 GENAERA CORP DE X X 05/09/03 GENERAL COMMUNICATION INC AK X X 05/09/03 AMEND GEOCOM RESOURCES INC NV X X 05/09/03 GIGA TRONICS INC CA X X 05/08/03 GLOBAL CROSSING LTD X X 05/07/03 GLOBAL IMAGING SYSTEMS INC DE X X 05/09/03 GOLDMAN SACHS ASSET BACKED SECURITIES X X 04/24/03 GREENPOINT MORTGAGE SECURITIES INC/ DE X X 05/06/03 GREENWICH CAPITAL ACCEPTANCE INC THOR DE X X 04/25/03 GS MORTGAGE SECURITIES CORP DE X X 05/08/03 HALLIBURTON CO DE X 05/08/03 HALSEY DRUG CO INC/NEW NY X X 05/09/03 HEALTH SCIENCES GROUP INC CO X 05/09/03 AMEND HEALTHAXIS INC PA X X 05/09/03 HEALTHSOUTH CORP DE X X 05/07/03 HENNESSY ADVISORS INC X X 05/09/03 AMEND HEWITT ASSOCIATES INC DE X X 05/05/03 HILFIGER TOMMY CORP X 05/08/03 HILLENBRAND INDUSTRIES INC IN X X 05/08/03 HIRSCH INTERNATIONAL CORP NY X X 05/02/03 HOLLYWOOD CASINO SHREVEPORT LA X X 05/08/03 HOME FINANCIAL BANCORP IN X X 05/08/03 I2 TECHNOLOGIES INC DE X X 05/08/03 ICO INC TX X X 05/09/03 IMMUNOMEDICS INC DE X X 05/08/03 INDEPENDENCE HOLDING CO DE X X 05/07/03 INNSUITES HOSPITALITY TRUST OH X X 05/05/03 INTEGRATED TELECOM EXPRESS INC/ CA X X 05/02/03 INTERCEPT INC GA X X 05/07/03 INTERLOTT TECHNOLOGIES INC DE X 05/09/03 INTERSTATE HOTELS & RESORTS INC DE X 05/07/03 ISTAR FINANCIAL INC MD X X 05/08/03 IT GROUP INC DE X X 05/02/03 ITC DELTACOM INC DE X X 05/08/03 JACOBS ENTERTAINMENT INC DE X 05/09/03 KEY ENERGY SERVICES INC MD X X 05/09/03 KID CASTLE EDUCATIONAL CORP FL X X X 10/01/02 AMEND KIMCO REALTY CORP MD X 05/07/03 KIRKLANDS INC X X 05/08/03 KRAMONT REALTY TRUST MD X 05/09/03 LANDACORP INC DE X X 05/09/03 LENNAR CORP /NEW/ DE X 05/09/03 LEVI STRAUSS & CO DE X 05/09/03 LINCOLN NATIONAL CORP IN X X 03/31/03 LIQUIDIX INC FL X X 04/22/03 LUXEMBURG BANCSHARES INC WI X X 05/08/03 M WAVE INC DE X X 05/08/03 MANHATTAN PHARMACEUTICALS INC DE X X 02/21/03 AMEND MANITOWOC CO INC WI X 05/09/03 MASTER ADJUSTABLE RATE MORTGAGES TRUS DE X X 04/25/03 MASTR ASSET SECURITIZATION TRUST 2003 DE X X 04/25/03 MAXWELL TECHNOLOGIES INC DE X X 05/09/03 MEGO FINANCIAL CORP NY X X 05/08/03 MELLON BANK N A MA X 05/09/03 MELLON BANK N A MA X 05/09/03 MERCER INTERNATIONAL INC WA X X 05/08/03 MERRILL LYNCH MORTGAGE INVESTORS TRUS DE X X 04/26/03 METATEC INTERNATIONAL INC OH X X 05/08/03 MICROVISION INC WA X X 05/08/03 MID AMERICA APARTMENT COMMUNITIES INC TN X X 05/08/03 MILLS CORP DE X X 03/31/03 MINUTEMAN INTERNATIONAL INC IL X X 05/06/03 MOOG INC NY X 05/09/03 MORGAN STANLEY DEAN WITTER CAPITAL I DE X 04/25/03 MORTGAGE ASSET SECURIT TRANS INC MORT DE X X 04/25/03 MORTGAGE ASSET SECURITIZATION TRANSAC DE X X 05/09/03 MORTGAGE LOAN PASS-THROUGH CERTIFICAT DE X 04/25/03 MS STRUCTURED ASSET CORP DE X 05/01/03 MTS SYSTEMS CORP MN X X 04/11/03 MYLAN LABORATORIES INC PA X 03/31/03 NATURAL RESOURCE PARTNERS LP DE X 05/09/03 NCO GROUP INC PA X X 05/06/03 NEOPROBE CORP DE X X 05/08/03 NEW YORK REGIONAL RAIL CORP DE X 05/09/03 NEXT GENERATION TECHNOLOGY HOLDINGS I DE X X 05/02/03 NORTH AMERICAN VAN LINES INC /DE DE X X 05/09/03 NOVA COMMUNICATIONS LTD NV X X 05/08/03 NOVATEL WIRELESS INC DE X X 05/07/03 OPTION ONE MORT ACCEPT CORP ASSET BAC DE X X 04/25/03 ORBIT INTERNATIONAL CORP DE X 05/08/03 OURPETS CO CO X 05/05/03 OVERTURE SERVICES INC DE X X 04/25/03 OXIGENE INC DE X X 05/02/03 PAN PACIFIC RETAIL PROPERTIES INC MD X X 05/07/03 PARTY CITY CORP DE X X 05/06/03 PENN AMERICA GROUP INC PA X X 05/07/03 PENNEXX FOODS INC PA X X 05/08/02 PENNFED FINANCIAL SERVICES INC DE X X 05/08/03 PEOPLES BANCORP INC OH X 05/09/03 PMA CAPITAL CORP PA X X 05/07/03 POINT THERAPEUTICS INC DE X X 05/08/03 POST PROPERTIES INC GA X X 05/06/03 PRESTOLITE ELECTRIC HOLDING INC DE X 05/09/03 PROCTER & GAMBLE CO OH X 05/09/03 PS BUSINESS PARKS INC/CA CA X X 05/06/03 AMEND PSYCHEMEDICS CORP DE X X 05/08/03 PUBLIC STORAGE INC /CA CA X X 05/08/03 QLT INC/BC A1 X X 05/09/03 RAYBOR MANAGEMENT INC A1 X X 11/19/02 RENT WAY INC PA X X 05/08/03 RESERVE BANCORP INC PA X X 05/09/03 RESTORATION HARDWARE INC CA X X X 05/08/03 RETURN ON INVESTMENT CORP DE X X 05/09/03 RFS HOTEL INVESTORS INC TN X X 05/08/03 RFS HOTEL INVESTORS INC TN X X 05/09/03 ROCK OF AGES CORP DE X X 05/09/03 ROYALE ENERGY INC CA X X 05/08/03 RPM INTERNATIONAL INC/DE/ DE X X 05/07/03 SAKS INC TN X X 05/08/03 SELECT COMFORT CORP MN X 05/09/03 SELECTICA INC DE X X 05/06/03 SEQUA CORP /DE/ DE X 05/09/03 SERVICE CORPORATION INTERNATIONAL TX X X 05/08/03 SHARPER IMAGE CORP DE X X 05/09/03 SIENA HOLDINGS INC DE X 05/07/03 SOUTHERN PERU COPPER CORP/ DE X 05/08/03 SPACEHAB INC \WA\ WA X 05/09/03 SPARTON CORP OH X X 05/06/03 AMEND SPECTRASITE INC DE X X 05/08/03 STARRETT L S CO MA X 03/29/03 STARWOOD HOTEL & RESORTS WORLDWIDE IN MD X X 05/09/03 STEAK & SHAKE CO IN X X 05/07/03 STRATEGIC DISTRIBUTION INC DE X X 05/05/03 STRAYER EDUCATION INC MD X X 05/09/03 STRUCTURED ASSET MORT INV INC BEAR ST DE X X 04/25/03 STRUCTURED ASSET MORT INV INC MORT PA DE X X 04/19/03 STRUCTURED ASSET MORTGAGE INV INC MOR NY X X 04/25/03 TANGRAM ENTERPRISE SOLUTIONS INC PA X X 05/09/03 TAUBMAN CENTERS INC MI X 05/09/03 TECHTEAM GLOBAL INC DE X X 05/07/03 TEMECULA VALLEY BANCORP INC DE X 05/08/03 TEMTEX INDUSTRIES INC DE X 05/05/03 TENNECO AUTOMOTIVE INC DE X X 05/08/03 TERAYON COMMUNICATION SYSTEMS DE X X 05/06/03 TF FINANCIAL CORP DE X X 05/09/03 THORNBURG MORTGAGE SECURITIES TRUST 2 DE X X 04/25/03 THORNBURG MORTGAGE SECURITIES TRUST 2 DE X X 04/25/03 TIME WARNER TELECOM INC DE X 05/08/03 TOO INC DE X X 05/08/03 TORCH OFFSHORE INC DE X 05/09/03 TOWN & COUNTRY TRUST MD X X 03/31/03 TOYOTA MOTOR CREDIT CORP CA X X 03/31/03 TOYS R US INC DE X X 05/08/03 TRANSMETA CORP DE X 05/09/03 TRIPATH TECHNOLOGY INC X 05/09/03 TRM CORP OR X X 05/05/03 TULLYS COFFEE CORP X X 05/05/03 TVI CORP MD X X 05/07/03 UICI DE X X 05/09/03 UNITED FINANCIAL MORTGAGE CORP IL X 05/06/03 UNUMPROVIDENT CORP DE X X 05/07/03 US CAN CORP DE X X 05/07/03 US HOME SYSTEMS INC /TX DE X X 05/05/03 US INDUSTRIES INC /DE DE X X 05/09/03 V I TECHNOLOGIES INC DE X X 05/08/03 VANTAGEMED CORP DE X X 05/09/03 VICTORY CAPITAL HOLDINGS CORP NV X 05/08/03 VIDEO CITY INC DE X 11/06/02 AMEND VIRGINIA ELECTRIC & POWER CO VA X X 05/09/03 VIROPHARMA INC DE X X X 05/07/03 WASHINGTON MUTUAL MSC MORT PASS THR C DE X 05/08/03 WESCO FINANCIAL CORP CA X 05/09/03 WEST CORP DE X X 05/09/03 WESTAR ENERGY INC /KS KS X X 05/09/03 WESTERN POWER & EQUIPMENT CORP DE X X 05/01/03 AMEND WESTMORELAND COAL CO DE X X 05/09/03 WHITEHALL JEWELLERS INC DE X 05/08/03 WILD OATS MARKETS INC DE X 05/08/03 WORLDQUEST NETWORKS INC DE X X 05/09/03 ZYMOGENETICS INC WA X X 05/08/03