SEC NEWS DIGEST Issue 2004-134 July 14, 2004 COMMISSION ANNOUNCEMENTS SEC VOTES TO PROPOSE REQUIREMENT THAT HEDGE FUND ADVISERS REGISTER UNDER INVESTMENT ADVISERS ACT The Securities and Exchange Commission today voted to publish for comment proposed new Rule 203(b)(3)-2 that would require hedge fund advisers to register with the Commission under the Investment Advisers Act of 1940. The Commission also voted to propose related rule amendments. The Commission's staff estimate that approximately 40 to 50 percent of all hedge fund advisers are currently registered with the Commission. Registration under the new rule would permit the Commission to-- * Collect and provide to the public basic information about hedge funds and hedge fund advisers, including the number of hedge funds operating in the United States, the amount of assets, and the identity of their advisers. * Examine hedge fund advisers to identify compliance problems early and deter questionable practices. If fraud does occur, examinations offer a chance to discover it early and limit the harm to investors. * Require all hedge fund advisers to adopt basic compliance controls to prevent violation of the federal securities laws. * Improve disclosures made to prospective and current hedge fund investors. * Prevent felons or individuals with other serious disciplinary records from managing hedge funds. The proposed new rule would require advisers to "private funds" to register with the Commission by requiring the advisers to "look through" the funds and to count the number of investors (rather than the fund) when determining whether the advisers are eligible for the Adviser Act's exemption for advisers with 14 or fewer clients. A "private fund" would be one that o would be an investment company but for the exceptions in Sections 3(c)(1) or 3(c)(7) of the Investment Company Act of 1940; o permits owners to redeem their ownership interests within two years of purchase; and o is offered based on the investment advisory skills, ability or expertise of the investment adviser. The proposed rule would contain special provisions for advisers located outside the United States designed to limit the extraterritorial application of the Advisers Act to offshore advisers to offshore funds that have U.S. investors. Comments on the proposed provisions should be submitted to the Commission by Sept. 15, 2004. (Press Rel. 2004-95) RULES AND RELATED MATTERS APPROVAL OF PROPOSED RULE AMENDMENT The Commission approved an amendment to Rule 146(b) under the Securities Act of 1933 to designate options listed on the International Securities Exchange, Inc. (ISE) as covered securities for purposes of Section 18 of the Securities Act of 1933 (Securities Act) and thus exempt from state law registration requirements. The ISE submitted a petition for rulemaking to amend Rule 146(b) under the Securities Act to the Commission on Oct. 9, 2003 (See File No. 4-488). The Commission issued a proposing release soliciting public comment on March 22, 2004 (See Securities Act Release No. 8404, 69 FR 16154 (March 26, 2004)). Publication of the adopting release is expected in the Federal Register during the week of July 19. (Rel. 33-8442) ENFORCEMENT PROCEEDINGS COMMISSION SANCTIONS UNLICENSED BROKER FOR $33 MILLION PONZI SCHEME On July 13, the Commission issued an Order Instituting Administrative Proceeding Pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions against Randall W. Harding. The Order finds that the U.S. District Court for the Central District of California enjoined Harding from future violations of the registration and antifraud provisions of the federal securities laws, specifically Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 (Securities Act) and Section 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission's complaint in the civil action alleged that Harding, operating as an unlicensed broker, took more than $33.6 million from investors residing across the United States through his unregistered offer and sale of notes in Mx Factors, LLC. The Mx Factors notes purported to pay a "guaranteed" return of 12% in 60 or 90 days. Acting with and through Mx Factors, JTL Financial Group, LLC, and their sales agents, the defendant represented to investors that their funds would be used to provide accounts receivable financing for large construction projects backed or funded by the government. According to the complaint, these representations were false. Mx Factors actually was operating a Ponzi scheme and at least $19.9 million in new investor funds was used to pay existing investors. Additionally, the complaint alleges that Harding misappropriated investor funds and collected undisclosed commissions of at least 12%. The Commission's complaint also alleged that this defendant made material misrepresentations to prospective investors concerning the due diligence they had conducted prior to recommending the investment to prospective investors. The Order bars Harding from association with any broker or dealer. Harding consented to the issuance of this Order without admitting or denying the Commission's findings. For further information see SEC v. Mx Factors, LLC, et al., Case No. EDCV-04-223-VAP (SGLx) (C.D. Cal.); LR- 18599; LR-18619; Rel. 34-44994; Rel. 34-49945. (Rel. 34-50009; File No. 3-11545) SEC SETTLES WITH FORMER CIBC EXECUTIVE CHARGED WITH ABETTING ENRON'S ACCOUNTING FRAUD The Commission today announced that on June 25 U.S. District Judge Lynn N. Hughes of the Southern District of Texas entered a Final Judgment against Ian Schottlaender, a former Managing Director with Canadian Imperial Bank of Commerce (CIBC) in New York City. Schottlaender consented to the Judgment. The Judgment resolves the Commission's claims against Schottlaender in the civil action filed against him, CIBC and others on December 22, 2003. As part of the Judgment, Schottlaender agreed to pay approximately $528,000 in disgorgement, penalties and prejudgment interest. In its complaint, the Commission alleged that Schottlaender, among others, aided and abetted Enron's manipulation of its reported financial results through a series of complex structured finance transactions over a period of several years preceding Enron's bankruptcy. The 34 financings were structured as "asset sales" for accounting and financial reporting purposes, allowing Enron to hide from investors and rating agencies the true extent of its borrowings. Between June 1998 and October 2001, Enron used these disguised loans to increase reported earnings by more than $1 billion, to increase reported operating cash flows by almost $2 billion, and to avoid disclosure of more than $2.6 billion in debt on its financial statements. Enron's alternative, borrowing money using the assets as collateral, would have given Enron access to cash to meet its operating expenses, but carried with it financial reporting consequences -- increased debt, no positive effect on cash flow, and no positive effect on earnings -- that would have had a detrimental impact on Enron's credit rating and stock price. Schottlaender consented, without admitting or denying the Commission's allegations, to the entry of a final judgment that permanently enjoins him from violating the antifraud, books and records, and internal control provisions of the federal securities laws [Sections 10(b), 13(a), 13(b)(2)(A) and (B), and 13(b)(5) of the Securities Exchange Act of 1934, and Exchange Act Rules 10b-5, 12b-20, 13a-1, 13a-13 and 13b2- 1]. In addition, Schottlaender has agreed to pay a total of $528,750: disgorgement of $249,000, a penalty of $249,000 and prejudgment interest of $30,750, and has agreed to the entry of an order barring him from serving as an officer or director of a publicly traded company for a period of five years. The Commission intends to have these funds paid into a court account pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002 (Fair Fund) for ultimate distribution to victims of the fraud. The Commission brought this action in coordination with the U.S. Department of Justice Enron Task Force, the Federal Reserve Bank of New York, and the Canadian Office of the Superintendent of Financial Institutions. The Commission's investigation is continuing. [SEC v. Ian Schottlaender, Case No. H-03-5785, Hoyt (S.D. Tex.)] (LR-18782; AAE Rel. 2056) COURT ENTERS FINAL JUDGMENT AGAINST FREDERIC GLADLE IN SPECIALIZED MOBILE RADIO FRAUD On July 12, the Honorable Colleen Kollar-Kotelly, U.S. District Court Judge for the District of Columbia, entered a Final Judgment of Permanent Injunction and Other Relief as to Frederic A. Gladle. The Judgment, entered with the consent of Gladle, without admitting or denying the allegations of the SEC's complaint, orders Gladle to pay $57,000 in disgorgement, $43,000 in prejudgment interest and a $57,000 penalty. The Judgment enjoins Gladle from violations of Sections 5(a), 5(c), and 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. According to the complaint, Gladle and his company, TrendsGroup International, Inc., and other co-defendants violated various registration and antifraud provisions of the federal securities laws in connection with the unregistered nationwide sales of securities issued by three general partnerships organized to develop specialized mobile radio systems (i.e., paging systems) in Albany, New York, Reno, Nevada and Anchorage, Alaska. The Commission's complaint further alleged that Gladle functioned as a broker by selling the securities, although he was not registered as a broker as required by applicable securities laws. The Commission's complaint also alleged that Gladle used high pressure, sales tactics in marketing the partnership units and had materially misrepresented the nature of the paging systems. On July 14, the Commission also instituted settled administrative proceedings against Gladle. Gladle consented to the issuance of the Commission's Order based on the entry of the final judgment of permanent injunction against him, which bars him from association with any broker or dealer, with the right to reapply for association after five years [SEC v. Internet Telecommunications Albany System SMR, et al., Civil Action No. 1:99CV00539 (CKK) (D.D.C.)] (LR-18783); (Administrative Proceeding - Rel. 34-50011; File No. 3-11546) COMMISSION BARS JOSEPH NORRIS FROM ASSOCIATION WITH INVESTMENT ADVISER On July 14, the Commission issued an Order Making Findings and Imposing Remedial Sanctions as to Joseph L. Norris (Order). The Order finds that, from July 1998 through 2000, Norris acted in association with an investment adviser. The Order also finds that, on Feb. 18, 2003, a final judgment was entered against Norris, permanently enjoining him from future violations of Section 10(b) of the Securities Exchange Act of 1934, Rule 10b-5 thereunder, and Section 206 of the Advisers Act, in a civil action entitled SEC v. Joseph Lloyd Norris, et al., Docket No. CV-N-02-0112-DWH-VPC, in the U.S. District Court for the District of Nevada, Reno Division. According to the complaint in that action, Norris, with others, raised approximately $8.5 million from more than thirty clients by promising to invest the money in offshore "trading programs" that would generate returns of four to seven percent per month, or the equivalent of 48 to 84 percent per year. The complaint further alleges that Norris and others lost approximately $6 million of their clients' funds in their attempts to invest in such "trading programs," then sent their clients fictitious account statements concealing the losses. Finally, the complaint alleges that Norris continued to encourage clients and prospective clients to deposit money with him without disclosing the losses. Based on the above, the Order bars Joseph L. Norris from association with any investment adviser. Norris consented to the issuance of the Order without admitting or denying any of the allegations in the civil injunctive action. (Rel. IA-2263; File No. 3-11467) IN THE MATTER OF DONALD CHAMBERLIN AND DAVID CHAMBERLIN On July 14, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) and Section 203(f) of the Investment Advisers Act of 1940 (Advisers Act), Making Findings, and Imposing Remedial Sanctions (Order) against Donald F. Chamberlin and David N. Chamberlin. The Order finds that on June 22, 2004, in the case of SEC v. Donald F. Chamberlin and David N. Chamberlin, No. 03-74983, U.S. District Judge Nancy G. Edmunds for the Eastern District of Michigan, entered a Partial Final Judgment and Order of Permanent Injunction against Donald F. Chamberlin and David N. Chamberlin, pursuant to their consents and without Donald F. Chamberlin and David N. Chamberlin admitting or denying the allegations in the Commission's Complaint, except as to personal and subject matter jurisdiction, which they admitted, enjoining Donald F. Chamberlin from violating Sections 5(a), 5(c), 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act of 1933; Sections10(b), 15(a)(1) of the Exchange Act and Rule 10b-5 promulgated thereunder; and Sections 206(1) and 206(2) of the Advisers Act and enjoining David N. Chamberlin from violating Sections10(b), 15(a)(1) of the Exchange Act and Rule 10b-5 promulgated thereunder; and Sections 206(1) and 206(2) of the Advisers Act. The complaint alleged that from approximately July 1997 through approximately August 2000, Donald F. Chamberlin and Shore Harbour, with substantial assistance from David N. Chamberlin, offered and sold investments in two, fraudulent prime bank schemes, resulting in primary and secondary violations of the antifraud provisions of the federal securities laws. The complaint also alleged that Donald F. Chamberlin sold unregistered securities and acted as an unregistered broker-dealer. Based on the above, the Order bars Donald F. Chamberlin and David N. Chamberlin from association with any broker, dealer, or investment adviser. Donald F. Chamberlin and David N. Chamberlin consented to the issuance of the Order without admitting or denying any of the allegations in the civil injunctive action. (Rels. 34-50014; IA-2264; File No. 3-11547) HOLDING COMPANY ACT RELEASES NU ENTERPRISES INC., ET AL. An order has been issued authorizing certain exemptions from the at-cost requirements of Rules 90 and 91 of the Public Utility Holding Company Act for NU Enterprises, Inc. (NUEI), a nonutility holding company subsidiary of Northeast Utilities (NU), a registered holding company, and the following subsidiaries of NUEI and NU, Woods Network Services, Inc., Northeast Generation Company, Northeast Generation Services Company, E. S. Boulos Company, Woods Electrical Company, Inc., Select Energy, Inc., Mode 1 Communications, Inc., R.M. Services, Inc., Yankee Financial Services, Inc., Yankee Energy Services Company, Select Energy Services, Inc., Select Energy Contracting, Inc., Select Energy New York, Inc., Reeds Ferry Supply Co. Inc., and any to-be-formed direct or indirect nonutility subsidiary of NUEI. (Rel. 35-27874) SELF-REGULATORY ORGANIZATIONS PROPOSED RULE CHANGES The Chicago Stock Exchange filed a proposed rule change and Amendment No. 1 thereto (SR-CHX-2004-11) relating to the implementation of a fully- automated electronic book for the display and execution of orders in securities that are not assigned to a specialist. Publication of the notice is expected in the Federal Register during the week of July 19. (Rel. 34-50002) The Chicago Board Options Exchange filed a proposed rule change (SR-CBOE- 2004-43) and Amendment No. 1 thereto to amend the Exchange's Membership Rules to accommodate e-DPMs. Publication of the proposal is expected in the Federal Register during the week of July 19. (Rel. 34-50007) APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change (SR-DTC-2004-03) filed by The Depository Trust Company that allows DTC to modify how it processes deliveries in its Money Market Instrument Program. Publication of the order is expected in the Federal Register during the week of July 19. (Rel. 34- 50006) The Commission approved a proposed rule change (SR-CBOE-2004-24) and Amendment No. 1 thereto and granted accelerated approval to Amendment No. 2 to the proposed rule change submitted by the Chicago Board Options Exchange to allow remote competing Designated Primary Market-Makers - e- DPMs. Publication is expected in the Federal Register during the week of July 19. (Rel. 34-50003) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-PCX-2004-53) and Amendment No. 1 thereto filed by the Pacific Exchange relating to PCX's Schedule of Fees and Charges for Exchange Services has become effective under Section 19(b)(3)(A)(ii) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of July 19. (Rel. 34-50004) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE The Commission granted accelerated approval to a proposed rule change (SR-CBOE-2004-33) granted accelerated approval to Amendment No. 1 thereto submitted by the Chicago Board Options Exchange relating to frequency of executions on the Hybrid Trading System. Publication of the proposal is expected in the Federal Register during the week of July 19. (Rel. 34-50005) 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 M B A HOLDINGS INC, 9419 E SAN SALVADOR, SUITE 105, SCOTTSDALE, AZ, 85258-5510, 480-860228 - 90,000,000 ($2,250,000.00) Other, (File 333-117323 - Jul. 13) (BR. 08) S-4 COEUR D ALENE MINES HOLDINGS CO, 400 COEUR D, 505 FRONT STREET, COEUR D, ID, 83814, (208) 667-3511 - 0 ($1,610,905,509.00) Equity, (File 333-117325 - Jul. 13) (BR. 04) S-4 HEWITT ASSOCIATES INC, 220,664,319 ($567,053,009.00) Equity, (File 333-117326 - Jul. 13) (BR. 08) S-1 MONOLITHIC POWER SYSTEMS INC, 0 ($100,000,000.00) Equity, (File 333-117327 - Jul. 13) (BR. 36) S-8 FIRST PLACE FINANCIAL CORP /DE/, 185 E MARKET ST, WARREN, OH, 44482, 3303731221 - 150,000 ($2,731,500.00) Equity, (File 333-117328 - Jul. 13) (BR. 07) S-8 SANDY SPRING BANCORP INC, 17801 GEORGIA AVE, OLNEY, MD, 20832, 3017746400 - 0 ($510,675.00) Equity, (File 333-117330 - Jul. 13) (BR. 07) S-3 ATS MEDICAL INC, 3905 ANNAPOLIS LA, SUITE 105, MINNEAPOLIS, MN, 55447, 6125537736 - 0 ($14,380,014.00) Equity, (File 333-117331 - Jul. 13) (BR. 36) S-8 ATS MEDICAL INC, 3905 ANNAPOLIS LA, SUITE 105, MINNEAPOLIS, MN, 55447, 6125537736 - 0 ($6,110,490.00) Equity, (File 333-117332 - Jul. 13) (BR. 36) S-8 STEREO VISION ENTERTAINMENT INC, 11166 BURBANK BLVD, NORTH HOLLYWOOD, CA, 91601, 8187607007 - 500,000 ($200,000.00) Equity, (File 333-117333 - Jul. 13) (BR. 02) S-8 THQ INC, 27001 AGOURA ROAD, SUITE # 325, CALABASAS HILLS,, CA, 91301, 8188715000 - 0 ($85,600,000.00) Equity, (File 333-117334 - Jul. 13) (BR. 03) S-4 Calpine Generation Company, LLC, 50 WEST SAN FERNANDO, STE. 500, SAN JOSE, CA, 95113, 408-995-5115 - 0 ($1,705,000,000.00) Non-Convertible Debt, (File 333-117335 - Jul. 13) (BR. ) SB-2 TUSCANA VENTURES INC, 346 LAWRENCE AVE, BRITISH COLUMBIA, A1, V1Y6L4, 2508623212 - 1,810,000 ($181,000.00) Equity, (File 333-117336 - Jul. 13) (BR. ) S-8 DOLLAR TREE STORES INC, 500 VOLVO PARKWAY, N/A, CHESAPEAKE, VA, 23320, (757) 321-5000 - 1,000,000 ($27,330,000.00) Other, (File 333-117337 - Jul. 13) (BR. 02) S-3 VIRAGEN INC, 865 SW 78TH AVENUE, SUITE 100, PLANTATION, FL, 33324, 9542338746 - 0 ($38,499,078.00) Equity, (File 333-117338 - Jul. 13) (BR. 01) N-2 MUNIYIELD NEW JERSEY FUND INC, PO BOX 9011, PRINCETON, NJ, 08543, 6092822800 - 1,100 ($27,500,000.00) Equity, (File 333-117339 - Jul. 13) (BR. 17) S-3 INFOCROSSING INC, 2 CHRISTIE HEIGHTS STREET, LEONIA, NJ, 07605, 2018404700 - 4,687,502 ($72,000,000.00) Debt Convertible into Equity, (File 333-117340 - Jul. 13) (BR. 03) S-8 RETAIL VENTURES INC, 6144714722 - 1,200,000 ($8,190,000.00) Equity, (File 333-117341 - Jul. 13) (BR. 02) S-4 QLT INC/BC, 6047077000 - 0 ($536,265,479.13) Equity, (File 333-117342 - Jul. 13) (BR. 01) S-3 SIMMONS FIRST NATIONAL CORP, 501 MAIN STREET, C/O SIMMONS FIRST NATIONAL CORP, PINE BLUFF, AR, 71601, 8705411000 - 100,000 ($2,478,000.00) Other, (File 333-117343 - Jul. 13) (BR. 07) S-1 PERINI CORP, 73 MT WAYTE AVE, FRAMINGHAM, MA, 01701, 5086282000 - 11,404,409 ($123,737,838.00) Equity, (File 333-117344 - Jul. 13) (BR. 06) S-4 COLUMBIA BANKING SYSTEM INC, 1102 BROADWAY PLAZA, TACOMA, WA, 98402, 2533051900 - 0 ($27,058,377.00) Equity, (File 333-117345 - Jul. 13) (BR. 07) S-1 IBASIS INC, 20 SECOND AVE, BURLINGTON, MA, 01803, 7815057500 - 0 ($38,092,429.00) Equity, (File 333-117346 - Jul. 13) (BR. 37) RECENT 8K FILINGS Form 8-K is used by companies to file current reports on the following events: Item 1. Changes in Control of Registrant. Item 2. Acquisition or Disposition of Assets. Item 3. Bankruptcy or Receivership. Item 4. Changes in Registrant's Certifying Accountant. Item 5. Other Materially Important Events. Item 6. Resignations of Registrant's Directors. Item 7. Financial Statements and Exhibits. Item 8. Change in Fiscal Year. Item 9. Regulation FD Disclosure. Item 10. Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics. Item 11. Temporary Suspension of Trading Under Registrant's Employee Benefit Plans. Item 12. Results of Operations and Financial Condition. The following companies have filed 8-K reports for the date indicated and/or amendments to 8-K reports previously filed, responding to the item(s) of the form specified. 8-K reports may be obtained in person or by writing to the Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C. 20549 or at the following e-mail box address: . In most cases, this information is also available on the Commission's website: . STATE 8K ITEM NO. NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 10 11 12 13 DATE COMMENT ------------------------------------------------------------------------------------------------ AASTROM BIOSCIENCES INC MI X 07/09/04 ABERDENE MINES LTD X 06/29/04 ACACIA RESEARCH CORP DE X X 07/13/04 ACCENTURE LTD X 07/13/04 ACCENTURE SCA X 07/13/04 ACCESS ANYTIME BANCORP INC DE X X 05/01/04 AMEND ADC TELECOMMUNICATIONS INC MN X X 06/29/04 ADTRAN INC DE X X 07/12/04 ADVANCED BATTERY TECHNOLOGIES, INC. DE X 07/12/04 AIRNET COMMUNICATIONS CORP DE X X 06/30/04 AIRPLANES LTD DE X 07/13/04 ALABAMA NATIONAL BANCORPORATION DE X X 07/13/04 ALLIANCE CAPITAL MANAGEMENT HOLDING L DE X X 07/12/04 ALLIANCE CAPITAL MANAGEMENT L P DE X X 07/12/04 ALLIANT ENERGY CORP WI X X X 07/13/04 AMCAST INDUSTRIAL CORP OH X 07/09/04 AMERICAN SKIING CO /ME DE X 07/13/04 AMSOUTH BANCORPORATION DE X 07/13/04 AQUILA INC DE X X 05/31/04 AMEND ARCH COAL INC DE X X 07/13/04 ASSET BACKED FUNDING CORP DE X X 07/13/04 Asset Backed Pass-Through Certificate DE X 07/13/04 ASV INC /MN/ MN X X 07/13/04 ATLAS PIPELINE PARTNERS LP DE X X X 06/10/04 ATWOOD OCEANICS INC TX X 07/12/04 AUTOCARBON INC DE X X X X 02/15/04 AUTOCARBON INC DE X X X 02/15/04 AMEND AXESSTEL INC NV X X 07/12/04 AXIS CAPITAL HOLDINGS LTD X X 07/13/04 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 07/12/04 BANCSHARES OF FLORIDA INC FL X X 06/21/04 BANK OF GRANITE CORP DE X X 07/13/04 BAYFIELD LOW INCOME HOUSING LIMITED P DE X 07/13/04 BB&T CORP NC X 06/30/04 BEAR STEARNS ASSET BACKED SECURITIES DE X 06/30/04 BEHRINGER HARVARD MID TERM VALUE ENHA TX X X 07/13/04 BENTLEY COMMERCE CORP DE X X 06/28/04 BROWN & BROWN INC FL X 07/12/04 BUCKEYE TECHNOLOGIES INC DE X 06/30/04 BULLDOG TECHNOLOGIES INC NV X 07/12/04 CALIFORNIA AMPLIFIER INC DE X X X 04/21/04 CALIFORNIA STEEL INDUSTRIES INC X 07/12/04 CALYPTE BIOMEDICAL CORP DE X 07/09/04 CANARGO ENERGY CORP DE X 07/13/04 CAPITAL ONE AUTO FINANCE TRUST 2004-A DE X X 07/12/04 CAPITAL ONE PRIME AUTO RECEIVABLES TR DE X X 07/12/04 CASCADE BANCORP OR X X 07/13/04 CELL THERAPEUTICS INC WA X X 07/13/04 CELL THERAPEUTICS INC WA X 01/01/04 AMEND CENTRAL VALLEY COMMUNITY BANCORP CA X X 07/12/04 CHAMPION ENTERPRISES INC MI X X 07/13/04 CHEESECAKE FACTORY INCORPORATED DE X 07/13/04 CHEMUNG FINANCIAL CORP NY X 06/30/04 CLEVELAND CLIFFS INC OH X 07/02/04 COCA COLA CO DE X 07/12/04 COCA COLA ENTERPRISES INC DE X 07/13/04 COCA COLA ENTERPRISES INC DE X 07/13/04 AMEND COLE NATIONAL CORP /DE/ DE X X 07/13/04 COLE NATIONAL GROUP INC DE X X 07/13/04 COMMERCE BANCORP INC /NJ/ NJ X X 07/13/04 COMMERCE BANCORP INC /NJ/ NJ X 07/13/04 COMMERCE BANCSHARES INC /MO/ MO X 07/13/04 COMPUWARE CORPORATION MI X X 07/12/04 CONNS INC DE X X 07/12/04 CONVERSION SERVICES INTERNATIONAL INC DE X X 06/28/04 CRYSTALIX GROUP INTERNATIONAL INC NV X X 05/10/04 AMEND CUTTER & BUCK INC WA X X 07/10/04 CWABS INC DE X X X 06/28/04 CWABS INC DE X 06/28/04 CWMBS INC MORTGAGE PASS THROUGH TRUST DE X 06/25/04 CYTOMEDIX INC DE X X 07/13/04 DEL GLOBAL TECHNOLOGIES CORP NY X X 06/07/04 DELTA AIR LINES INC /DE/ DE X X 07/13/04 DIGITAL RIVER INC /DE DE X X 05/26/04 DIVERSIFIED CORPORATE RESOURCES INC TX X 07/10/04 DOMINION HOMES INC OH X X X 07/12/04 DOMINOS INC DE X 07/12/04 DOR BIOPHARMA INC DE X 07/09/04 DYNABAZAAR INC DE X X 07/07/04 EFUNDS CORP DE X 07/13/04 EMC GROUP INC /FL FL X X 06/30/04 ENVIRONMENTAL REMEDIATION HOLDING COR CO X X 07/12/04 FAB INDUSTRIES INC DE X 07/13/04 FAIR ISAAC CORP DE X 07/12/04 FALCON PRODUCTS INC /DE/ DE X X 07/06/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 07/13/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 07/13/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 07/13/04 FARMER MAC MORTGAGE SECURITIES CORP DE X 07/13/04 FASTENAL CO MN X X 07/13/04 FEDERAL REALTY INVESTMENT TRUST MD X X X 07/01/04 FINANCIAL ASSET SEC CORP MERITAGE MOR DE X X X 03/30/04 FIRST CHARTER CORP /NC/ NC X X 07/13/04 First Horizon ABS Notes Series 2004-H DE X 07/13/04 FIRST REGIONAL BANCORP CA X X 07/09/04 FIRST REPUBLIC CORP OF AMERICA DE X 07/13/04 FOREST OIL CORP NY X X 06/22/04 FRANKLIN COVEY CO UT X X 07/13/04 FREDERICK COUNTY BANCORP INC MD X X 07/13/04 GALAXY NUTRITIONAL FOODS INC DE X X 07/12/04 GANNETT CO INC /DE/ DE X 06/27/04 GENAISSANCE PHARMACEUTICALS INC DE X 06/29/04 GENTEK INC DE X 07/13/04 GLOBAL LIFE SCIENCES INC X 07/09/04 GOLF ROUNDS COM INC DE X 09/19/03 AMEND GOLF TRUST OF AMERICA INC MD X 07/06/04 GoRemote Internet Communications, Inc DE X X 07/12/04 GRANT PARK FUTURES FUND LIMITED PARTN IL X 07/13/04 GREAT AMERICAN BANCORP INC DE X X 07/13/04 GREER BANCSHARES INC SC X X 07/07/04 GS MORTGAGE SECURITIES CORP DE X X 07/09/04 GS MORTGAGE SECURITIES CORP DE X X 07/12/04 GS MORTGAGE SECURITIES CORP GSR TRUST DE X X 06/30/04 GSI LUMONICS INC A3 X X 05/14/04 AMEND HAIGHTS CROSS COMMUNICATIONS INC DE X X 07/13/04 HAMILTON BIOPHILE CO NV X X X X 05/02/99 HAMILTON BIOPHILE CO NV X X X X 05/02/99 AMEND HANCOCK JOHN LIFE INSURANCE CO MA X X 07/12/04 HARLEYSVILLE NATIONAL CORP PA X 07/13/04 HEI INC MN X X 07/13/04 HI TECH PHARMACAL CO INC NY X 07/13/04 HILLENBRAND INDUSTRIES INC IN X X 07/01/04 HORIZON HEALTH CORP /DE/ DE X 07/08/04 HOTEL OUTSOURCE MANAGEMENT INTERNATIO DE X 05/28/04 HYUNDAI ABS FUNDING CORP DE X X 07/09/04 ICON INCOME FUND TEN LLC DE X X X 07/13/04 IMPAX LABORATORIES INC DE X 07/12/04 INDEPENDENT BANK CORP /MI/ MI X 07/13/04 INN OF THE MOUNTAIN GODS RESORTS & CA X X 07/12/04 INNOTRAC CORP GA X X 07/08/04 INTAC INTERNATIONAL INC NV X X 07/13/04 INTEL CORP DE X 07/13/04 Interstar Millennium Series 2003-3G X X 07/13/04 INTEVAC INC CA X X 07/13/04 JACOBS ENGINEERING GROUP INC /DE/ DE X 07/12/04 JACUZZI BRANDS INC DE X 07/12/04 JARDEN CORP DE X X X 06/28/04 JEFFERIES GROUP INC /DE/ DE X X 07/13/04 JUNIPER NETWORKS INC DE X X 07/13/04 KINTERA INC X X 07/12/04 KITTY HAWK INC DE X X 07/13/04 KV PHARMACEUTICAL CO /DE/ DE X X 07/06/04 LASALLE HOTEL PROPERTIES MD X 07/13/04 LASER MORTGAGE MANAGEMENT INC DE X X 07/12/04 LEGG MASON INC MD X 07/13/04 LEHMAN ABS CORP BACKED TR CERT FED EX DE X X 07/01/04 LIBERATE TECHNOLOGIES DE X X 07/13/04 LINENS N THINGS INC DE X 07/13/04 LML PAYMENT SYSTEMS INC A1 X X 07/13/04 LOEHMANNS HOLDINGS INC DE X X 07/12/04 MACE SECURITY INTERNATIONAL INC DE X X 07/01/04 MAGMA DESIGN AUTOMATION INC DE X 04/29/04 AMEND MAGNUM HUNTER RESOURCES INC NV X X 06/24/04 MAGNUS INTERNATIONAL RESOURCES, INC. 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