SEC NEWS DIGEST Issue 2002-149 August 2, 2002 COMMISSION ANNOUNCEMENTS SEC ISSUES SUPPLEMENTAL INFORMATION ABOUT PROPOSALS FOR CERTIFICATION OF QUARTERLY AND ANNUAL REPORTS In light of the enactment of the Sarbanes-Oxley Act of 2002 on July 30, the Commission has issued supplemental information concerning its June 14, 2002 proposal that would require a company's principal executive officer and principal financial officer to certify the contents of the company's quarterly and annual reports. The supplemental information can be found at http://www.sec.gov/rules/proposed/34-46300.htm on the Commission's Web site. Section 302 of the Act requires the Commission to adopt rules implementing specified statutory certification requirements for principal executive officers and principal financial officers by August 29, 2002. For further information, please contact Mark A. Borges, Division of Corporation Finance, at (202) 942-2910. SEC AND CFTC ADOPT JOINT RULES RELATING TO CUSTOMER MARGIN FOR SECURITY FUTURES The Securities and Exchange Commission and the Commodity Futures Trading Commission today announced that they have approved for publication in the Federal Register final rules relating to margin for security futures. These rules represent the final step necessary to implement provisions of the Commodity Futures Modernization Act of 2000 (CFMA) that lift the 19-year ban on the trading of single-stock and narrow- based stock index futures in this country. The rules adopted by the CFTC and the SEC are the last set of joint rules required for domestic trading of security futures products. The rules set forth minimum initial and maintenance margin levels for outright positions in security futures at 20 percent of current market value and also allow self- regulatory authorities to set margin levels lower that 20 percent in certain offset positions. They are consistent with margin requirements established by the Federal Reserve Board, and with those applicable to comparable exchange-traded options on securities. The final rules will become effective 30 days after publication in the Federal Register. (Rel. 34-46292) SEC PROPOSES REGULATION ANALYST CERTIFICATION The Commission is seeking public comment on proposed Regulation Analyst Certification. The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. A research analyst would also be required to provide certifications and disclosures in connection with public appearances. Although research analysts are often viewed by investors as experts and as important sources of information about the securities and companies they cover, many factors can create pressure on their independence and objectivity. By requiring these certifications and disclosures, the proposed regulation should promote the integrity of research reports and investor confidence in the recommendations contained in those reports. (Rels. 33-8119; 34-46301; File No. S7-30- 02) ENFORCEMENT PROCEEDINGS COMMISSION OBTAINS TEMPORARY RESTRAINING ORDER AND ASSET FREEZE AGAINST PURPORTED BOND TRADER CLAUDE LEFEBVRE, FORMER BROKER DENNIS HERULA, AND OTHERS IN CONNECTION WITH FRAUDULENT OFFERING SCHEME The Commission announced today that it has obtained temporary restraining orders and asset freezes in a civil fraud action filed against Claude Lefebvre, a purported bond trader, Dennis Herula, a former Rhode Island broker, and others. The Commission's complaint, filed July 31 in San Francisco federal district court, alleges that Lefebvre, Herula and others participated in a fraudulent scheme that raised at least $40 million from investors within the past month. One of the investors is an entity owned or controlled by members of the Coors family, founders of the Adolph Coors Company. The court's order, issued August 1, froze at least $36 million held in various brokerage accounts controlled by the defendants. The Commission alleges in its complaint that Lefebvre falsely promised investors exorbitant returns, such as a 100% return per week, through a fraudulent prime bank trading program that purportedly invested in bank or other financial institution instruments rated AA or better. Lefebvre also falsely claimed that he was federally licensed to trade such instruments. According to the Commission's complaint, these representations were false because prime bank trading programs are wholly fictitious. The Commission's complaint alleges that Lefebvre acted through two entities owned or controlled by him and/or Herula -- RMO Assets Management and Watch Hill Capital Management -- and that Herula aided and abetted Lefebvre's violations of the federal securities laws. The complaint further alleges that, within the past several weeks, Lefebvre, Herula, and Herula's wife, Rhode Island attorney Mary Lee Capalbo, spent at least $4 million in investor funds on luxury items such as cars, jewelry, and large hotel bills. They also used the money to pay personal expenses, such as doctor's bills and Capalbo's Rhode Island bar association fees. Herula and Capalbo are defendants in a prior action filed by the Commission in Rhode Island federal district court on April 1, 2002. In that case, which involved a separate prime bank investment scheme, the court entered preliminary injunctions against Herula, Capalbo and others, restraining them from violating the antifraud provisions of the securities laws or accepting investor funds. The Commission alleges that Herula and Capalbo engaged in the activity involving the new fraudulent scheme at a time when they were already subject to the prior orders. The Commission alleged in its complaint that defendants Lefebvre, RMO Assets Management, and Watch Hill Capital Management violated the antifraud provisions of the securities laws and Herula aided and abetted the violations of the antifraud provisions of the Exchange Act. The Commission also named as a relief defendant Capalbo, who received at least $3 million of the above investor funds to which she has no legitimate claim. The Commission obtained entry of an order temporarily restraining Lefebvre, RMO Assets Management, Watch Hill Capital Management, and Herula from directly or indirectly continuing to violate the federal securities laws, an asset freeze against all the defendants and the relief defendant, and other emergency relief. The court's order freezes at least $36 million in funds held in various brokerage accounts controlled by the defendants. The hearing on the Commission's motion for a preliminary injunction is scheduled for August 16 at 10:00 a.m. For further information, please see LR-17633, July 26, 2002, on asset freeze against relief defendant in prior action involving Herula and Capalbo; LR-17514, May 13, 2002, on preliminary injunction and asset freeze against Herula, Capalbo, and others in prior action; LR-17461, April 5, 2002, on temporary restraining order and asset freeze against Herula, Capalbo, and others in prior action; LR- 17334, January 24, 2002, on subpoena enforcement action against Capalbo; and LR-17325, January 16, 2002, on subpoena enforcement action against Herula. [SEC v. Claude Lefebvre, et al., U.S. District Court for the Northern District of California, C.A. No. C-02-3704-MEJ, filed July 31, 2002] (LR-17652) COMMISSION DECLARES DECISION AS TO HORTON & COMPANY AND EDWARD HORTON FINAL On August 1, the decision of an administrative law judge with respect to Horton & Company and Edward C. Horton has become final. The law judge sanctioned respondents based on findings that respondents engaged in improper professional conduct within the meaning of Rule 102(e)(1)(ii) because they were not independent within the meaning of Regulation S-X in their audits of Iron Holding Corporation's financial statements. The law judge further found that respondents willfully aided and abetted Iron Holdings' violations of Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 because the financial statements in Iron Holdings' 1997 and 1998 Forms 10-KSB were not audited by an independent public accountant. The law judge ordered that respondents are denied temporarily the privilege of appearing or practicing before the Commission as accountants for a period of one year. (Rel. 34-46295; File No. 3-10355) COMMISSION SUES INVESTMENT ADVISERS FOR $90 MILLION FRAUD On August 1, the Commission filed a complaint against Thomas M. Durkin and John E. Orin, Jr. for a massive fraud that resulted in over $90 million in losses for their investment advisory clients. The complaint alleges that the defendants violated their fiduciary duties as investment advisers and fraudulently purchased for their clients, including retirees, risky investments in an internet start up. The clients lost virtually all their money. Durkin, a resident of Westlake, Ohio, and Orin, a resident of Rocky River, Ohio, were president and vice president, respectively, of Cashel Management Co., Inc., a now-defunct investment adviser based in Cleveland. The Commission alleges that Durkin and Orin systematically invested most of their clients' money in RxRemedy, Inc., a failing internet company, while making material misrepresentations to their clients about the safety and liquidity of their investments and, in many cases, made the investments against their clients' express instructions. RxRemedy later filed for bankruptcy resulting in an almost total loss for Durkin's and Orin's clients. Further, the complaint alleges that Durkin lost $7.5 million he took from his brother's Cashel account and his sister-in-law's Cashel account by making unauthorized options trades. Simultaneously with the filing of the complaint, Durkin and Orin have settled with the Commission. Both consented, without admitting or denying the allegations in the complaint, to the entry of Final Judgments and Orders of Permanent Injunction and Other Relief that will enjoin them from, future violations of Section 206(1) and (2) of the Advisers Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Final Judgment against Durkin will also enjoin him from future violations of Section 204 of the Advisers Act and Rule 204-1(a)(2) thereunder and require him to pay disgorgement of $280,000. The Final Judgments, however, waive payment of the disgorgement against Durkin and do not impose civil penalties against Durkin or Orin because of sworn representations they made to the Commission regarding their financial condition and because, in connection with their criminal convictions in June 2002, the United States District Court for the Northern District of Ohio entered orders against them requiring them to make restitution to their injured clients. The Court in the criminal case also sentenced Durkin to 64 months in prison and Orin to 24 months in prison. [SEC v. Thomas M. Durkin and John E. Orin, Jr., Civil Action No. 1:02 CV 1505, N.D. Ohio August 1, 2002] (LR-17650) SEC SUES FORMER OFFICERS OF AMERICAN RICE, INC. FOR AUTHORIZING FOREIGN BRIBES On July 30, 2002, the Commission filed a civil injunctive action against two former officers of American Rice, Inc., Douglas A. Murphy and David G. Kay, alleging that they authorized over $500,000 in bribery payments to Haitian customs officials during 1998 and 1999 in violation of the Foreign Corrupt Practices Act. American Rice is a Houston, Texas, based rice company. The complaint, filed in the United States District Court for the Southern District of Texas, alleges that Kay, with Murphy's knowledge, authorized the bribes to illegally reduce American Rice's import taxes by approximately $1.5 million. According to the complaint, in advance of certain rice shipments to Haiti between January 1998 and October 1999, Kay directed an American Rice employee to prepare false shipping records that underreported the tonnage of rice on the relevant vessels. Haitian customs officials used the false records to clear the American Rice vessels through customs. After the vessels cleared customs, Kay allegedly directed American Rice employees in Haiti pay cash bribes to certain customs officials. To hide the payments, Kay then directed American Rice's controller in Haiti to improperly record the bribery payments as routine business expenditures. American Rice employees made at least 12 bribery payments totaling approximately $500,000. In exchange, American Rice illegally avoided approximately $1.5 million in Haitian import taxes. The complaint further alleges that Murphy was aware of the bribery scheme, but took no action to stop the payments. A third individual, Lawrence H. Theriot, a former American Rice consultant, allegedly assisted Kay and Murphy by monitoring the bribery scheme and exploring alternative arrangements. The complaint alleges that Kay violated Sections 30A and 13(b)(5) of the Securities Exchange Act of 1934 and Exchange Act Rule 13b2-1, and aided and abetted American Rice's violations of Sections 13(b)(2)(A) and (B) of the Exchange Act; that Murphy violated Section 30A of the Exchange Act and is liable, as a controlling person, for Kay's violations of Sections 30A and 13(b)(5) of the Exchange Act and Exchange Act Rule 13b2- 1; and that Theriot aided and abetted Kay and Murphy's violations of Section 30A of the Exchange Act. In parallel criminal proceedings, the Department of Justice previously obtained indictments against Murphy and Kay. On April 16, 2002, the United States District Court for the Southern District of Texas dismissed the indictments on the grounds that the payments at issue were not made to obtain or retain business in Haiti, as required by the Foreign Corrupt Practices Act. A notice of appeal has been filed by the Department of Justice. The Commission wishes to thank the United States Department of Justice for its assistance in this matter. [SEC v. Douglas A. Murphy, David G. Kay and Lawrence H. Theriot, Civil Action No. H-02-2908, S.D. Texas] (LR-17651) COURT ENTERS FINAL JUDGMENTS AGAINST DESERT WINDS ENTERTAINMENT CORP. AND ITS PRINCIPALS IN SETTLED SECURITIES FRAUD ACTION The Honorable Richard J. Leon of the United States District Court for the District of Columbia has entered final consent judgments against Desert Winds Entertainment Corp., formerly an entertainment production company headquartered in Mesa, Arizona and its principals, Michael Paloma and Matthew Bardasian. The judgment against Bardasian was filed on May 28, 2002 and the judgments against Paloma and Desert Winds were filed on June 6, 2002. The Commission's complaint alleged that in press releases and Commission filings, the defendants claimed that Desert Winds had signed a $25,000,000 contract with Warner Bros. Television when no such contract existed. The complaint further alleged that Paloma and Bardasian profited from their involvement with the company by illegally selling restricted shares of Desert Winds stock. Without admitting or denying the allegation in the complaint, the defendants agreed to judgments prohibiting them from future violations of the anti-fraud and registration provisions of the federal securities laws. Paloma and Bardasian also agreed to the court's judgment permanently barring them from acting as an officer or director of a public company. Paloma will also pay $442,319 in disgorgement, $27,070.64 in pre-judgment interest and a $65,000 civil penalty. No monetary sanctions were sought from Bardasian as a result of his financial condition, including his liability in pending criminal proceed ings. [SEC v. Michael Paloma, Matthew Bardasian and Desert Winds Entertainment Corp., U.S. District Court for the District of Columbia, C.A. No. 1:02CV00645] (LR-17653) CRIMINAL COMPLAINT AND ARREST WARRANT FOR JAMES HARROLD ARE UNSEALED The Commission and the U.S. Attorney's Office for the Southern District of Indiana announced that on July 26, 2002, an order was issued, unsealing a criminal complaint and arrest warrant for James R. Harrold. On September 7, 2001 the Commission filed a civil complaint alleging that James R. Harrold and the Entity Defendants violated the registration and antifraud provisions of the federal securities laws by operating a prime-bank scheme. On the same day, the Honorable Judge David F. Hamilton of the United States District Court for the Southern District of Indiana entered a Temporary Restraining Order freezing three accounts controlled by Harrold. On September 10, 2001, Judge Hamilton entered a Temporary Restraining Order freezing all of Harrold and the Entity Defendants' assets. On September 14, 2001, Harrold and the Entity Defendants consented to the entry of an Order of Permanent Injunction, which continued the asset freeze and permanently enjoined Harrold and the Entity Defendants from further violations of the registration and antifraud provisions of the federal securities laws. The Order also requires Harrold and the Entity Defendants to disgorge their ill-gotten gains and pay civil penalties in an amount to be determined in a separate hearing by the Court. Harrold and the Entity Defendants consented to the entry of the Order of Permanent Injunction, without admitting or denying the allegations of the complaint. The U.S. Attorney's Office for the Southern District of Indiana originally filed a criminal complaint, under seal, on November 29, 2001, and alleged that Harrold committed offenses of mail fraud, wire fraud and money laundering in violation of Title 18, United States Code, Section 1341, 1343 and 1956(a)(1)A)(i). On the same day, Magistrate Judge Kennard P. Foster issued an arrest warrant that was also under seal. The Commission wishes to acknowledge and thank the Internal Revenue Service, Criminal Investigation for the Southern District of Indiana and the Indiana Division of Securities for their assistance in this matter. [SEC v. James R. Harrold, Franklin Management and Consulting, LLC, Accipter, LLC, Franklin Asset Management and Consulting, LLC, Franklin Management and Consulting, Inc., and Concord Development Group, LLC., U.S. District Court for the Southern District of Indiana, Cause No. IP 01-1318-C t/K, S.D. Indiana 2001] (LR-17654) INVESTMENT COMPANY ACT RELEASES SUNAMERICA ASSET MANAGEMENT CORP., ET AL. An order has been issued on an!, application filed by SunAmerica Asset Management Corp., et al., for relief from Section 12(d)(3) of the Investment Company Act. The order amends a prior order that permits a portion of a portfolio of certain registered investment companies (Unaffiliated Portion) advised by a subadviser (Unaffiliated Subadviser) to engage in certain principal and brokerage transactions with an affiliated person of another subadviser to the same portfolio. The order permits an Unaffiliated Portion that is advised by an Unaffiliated Subadviser to purchase securities issued by the other subadviser or an affiliated person of the other subadviser within the limits of Rule 12d3- 1 under the Act. (Rel. IC-25689 - July 30, 2002) AMERICAN UNITED LIFE INSURANCE COMPANY, ET AL. A notice has been issued giving interested persons until August 26, 2002 to request a hearing on an application filed by American United Life Insurance Company, AUL American Unit Trust, and AUL American Individual Unit Trust, and with respect only to the relief requested pursuant to 17(b), OneAmerica Funds, Inc. (One America) (collectively, Applicants). The Applicants request an order pursuant to Section 26(c) the Investment Company Act to permit certain registered unit investment trusts to substitute (i) shares of common's stock issued by OneAmerica Asset Director Portfolio (Asset Director Portfolio), a series of OneAmerica for shares of common stock issued by OneAmerica Tactical Asset Allocation Portfolio (Tactical Asset Allocation Portfolio), also a series of OneAmerica; and (ii) Investor Class shares issued by American Century Strategic Allocation: Conservative Fund, American Century Strategic Allocation: Moderate Fund, and American Century Strategic Allocation: Aggressive Fund, each a series of American Century Strategic Asset Allocations, Inc., for shares of common stock issued by the OneAmerica Conservative Investor Portfolio, OneAmerica Moderate Investor Portfolio, and OneAmerica Aggressive Investor Portfolio, each a series of OneAmerica, respectively, currently held by those unit investment trusts, and to permit in-kind purchases and redemptions of portfolio securities in connection with the proposed substitution transactions relating to the Tactical Asset Allocation Portfolio and the Asset Director Portfolio. (Rel. IC-25690 - July 31, 2002) PRINCIPAL BOND FUND, INC., ET AL. An order has been issued on an application filed by Principal Bond Fund, Inc., et al. under Section 17(b) of the Investment Company Act for an exemption from Section 17(a) of the Act. The order permits a registered open-end management investment company to acquire all of the assets and assume all of the liabilities of another registered open-end management investment company. (Rel. IC-25691 - July 31, 2002) HOLDING COMPANY ACT RELEASES NATIONAL GRID GROUP PLC, ET AL. An order has been issued authorizing a proposal by National Grid Group plc (National Grid), a registered holding company, National Grid's registered holding company subsidiary, National Grid USA (Grid USA), Grid USA's exempt holding company subsidiary, New England Power Company (NEP), and NEP's electric subsidiary company, Vermont Yankee Nuclear Power Corporation (Vermont Yankee). Applicants request authority to sell utility assets owned by Vermont Yankee. (Rel. 35-27554) NORTHEAST UTILITIES, ET AL. An order has been issued authorizing a proposal by Northeast Utilities (Northeast), a registered holding company; Northeast's public utility subsidiaries, The Connecticut Light and Power Company, Western Massachusetts Electric Company, and Public Service Company of New Hampshire; and Northeast's indirect electric subsidiary company, Vermont Yankee Nuclear Power Corporation (Vermont Yankee). Applicants request authority to sell utility assets owned by Vermont Yankee. (Rel. 35-27555) ENERGY EAST CORPORATION, ET AL. An order has been issued authorizing a proposal by Energy East Corporation (Energy East), a registered holding company, Energy East's electric public utility subsidiary, Central Maine Power Company (Central Maine), and Central Maine's electric subsidiary company, Vermont Yankee Nuclear Power Corporation (Vermont Yankee). Applicants request authority to sell utility assets owned by Vermont Yankee. (Rel. 35-2755) PEPCO HOLDINGS INC., ET AL. An order has been issued authorizing a proposal by Pepco Holdings, Inc. (PHI), a company not currently subject to the Act; PHI's parent company, Potomac Electric Power Company (Pepco), a public utility company; Pepco's direct and indirect nonutility subsidiaries, all located in Was ington, D.C.; Conectiv, a registered public utility holding company; Conectiv's wholly owned public utility subsidiaries, Delmarva Power & Light Company and Atlantic City Electric Company; Conectiv Energy Holding Company (CEH), a registered holding company subsidiary of Conectiv; CEH's wholly owned electric public utility subsidiaries, Conectiv Delmarva Generation, Inc. and Conectiv Pennsylvania Generation, Inc.; ACE REIT, Inc. (ACE REIT), a registered holding company subsidiary of CEH; ACE REIT's wholly owned electric public utility subsidiary, Conectiv Atlantic Generation, LC; and Conectiv's direct and indirect nonutility subsidiaries all located in Wilmington, Delaware (together, Applicants). Applicants have filed an application-declaration requesting authorization for certain financing transactions related to PHI being placed as holding company over Pepco and its subsidiaries and Conectiv and its subsidiaries. After the transaction, PHI will register under Section 5 of the Act. (Rel. 35- 7557) SELF REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the National Association of Securities Dealers to amend NASD Interpretive Material 8310-2 regarding the release of disciplinary information to the public (SR-NASD-2002-103) 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 August 5. (Rel. 34-46289) A proposed rule change filed by the Pacific Exchange (SR-PCX-2002-42) to adopt a tape revenue sharing program for certain transactions on the Exchange in Tape B securities 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 August 5. (Rel. 34-46293) A proposed rule change filed by the Pacific Exchange (SR-PCX-2002-46) relating to the size of option orders eligible for facilitation crossing has become immediately 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 August 5. (Rel. 34- 46294) PROPOSE RULE CHANGE The National Association of Securities Dealers filed with the Securities and Exchange Commission a proposed rule change under Rule 19b-4 (SR-NASD- 2002-85) relating to issuer disclosure of material information. Publication of the notice in the Federal Register is expected during the week of August 5. (Rel. 34-46288) 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 STARWOOD HOTEL & RESORTS WORLDWIDE INC, 1111 WESTCHESTER AVENUE, WHITE PLAINS, NY, 10604, 9146408100 - 0 ($791,107,844.00) Equity, (File 333-97469 - Aug. 1) (BR. 08) S-8 CBCOM INC, 16830 VENTURA BLVD, SUITE 211, ENCINO, CA, 91836, 8184610800 - 10,000,000 ($70,000.00) Equity, (File 333-97471 - Aug. 1) (BR. 08) S-8 RATIONAL SOFTWARE CORP, 18880 HOMESTEAD RD, CUPERTINO, CA, 95014, 4088639900 - 4,450,730 ($28,943,515.10) Equity, (File 333-97473 - Aug. 1) (BR. 03) S-3 IKON OFFICE SOLUTIONS INC, PO BOX 834, VALLEY FORGE, PA, 19482, 6102968000 - 19,960,079 ($153,692,079.00) Equity, (File 333-97475 - Aug. 1) (BR. 03) S-8 SYNOVUS FINANCIAL CORP, 901 FRONT AVENUE, STE 202 PO BOX 120, COLUMBUS, GA, 31901, 7066494818 - 356,076 ($8,305,473.08) Equity, (File 333-97477 - Aug. 1) (BR. 07) S-8 US MICROBICS INC, 5922 B FARNSWORTH COURT, CARLSBAD, CA, 92008, 7609181860 - 3,000,000 ($450,000.00) Equity, (File 333-97479 - Aug. 1) (BR. 01) SB-2 WORLD DIAGNOSTICS INC, 15271 N W 60TH AVE, STE 201, MIAMI LAKES, FL, 33014, 3058273304 - 6,751,333 ($1,957,886.00) Equity, (File 333-97483 - Aug. 1) (BR. 36) S-3 MONMOUTH REAL ESTATE INVESTMENT CORP, 3499 ROUTE 9 N, SUITE 3-C, JUNIPER BUSINESS PLAZA, FREEHOLD, NJ, 07728, 7325779996 - 2,000,000 ($14,220,000.00) Equity, (File 333-97485 - Aug. 1) (BR. 08) S-3 WODFI LLC, 190 N W 12TH AVENUE, DEERFIELD BEACH, FL, 33442, 9544292263 - 0 ($1,000,000.00) Asset-Backed Securities, (File 333-97487 - Aug. 1) (BR. 07) S-8 IMAGING TECHNOLOGIES CORP/CA, 15175 INNOVATION DRIVE, SAN DIEGO, CA, 92128, 6196131300 - 21,193,750 ($105,969.00) Equity, (File 333-97489 - Aug. 1) (BR. 03) S-8 ONEIDA LTD, C/O INTERNAL AUDITOR, 163 -181 KENWOOD AVE, ONEIDA, NY, 13421, 3153613694 - 3,700,000 ($58,698,060.00) Equity, (File 333-97491 - Aug. 1) (BR. 02) S-3 PEMSTAR INC, 3535 TECHNOLOGY DR NW, ROCHESTER, MN, 55901, 5072886720 - 0 ($7,096,239.00) Equity, (File 333-97511 - Aug. 1) (BR. 36) S-8 INSIGNIA SYSTEMS INC/MN, 5025 CHESHIRE LANE NORTH, PLYMOUTH, MN, 55446, 7633926200 - 250,000 ($2,016,250.00) Equity, (File 333-97513 - Aug. 1) (BR. 02) SB-2 BARNABUS ENTERPRISES LTD, 2006-1500 HORNBY STREET, VANCOUVER BC, A1, V6Z 2R1, 6048897675 - 7,500,000 ($75,000.00) Equity, (File 333-97515 - Aug. 1) (BR. ) S-8 PEMSTAR INC, 3535 TECHNOLOGY DR NW, ROCHESTER, MN, 55901, 5072886720 - 0 ($4,678,219.00) Equity, (File 333-97517 - Aug. 1) (BR. 36) S-8 COMMERCIAL CONCEPTS INC, 324 SOUTH 400 WEST, SUITE B, SALT LAKE CITY, UT, 84101, 801-328-0540 - 30,000,000 ($240,000.00) Other, (File 333-97519 - Aug. 1) (BR. 03) S-8 BROADVISION INC, 585 BROADWAY, REDWOOD CITY, CA, 94063, 6502615100 - 0 ($4,711,665.81) Equity, (File 333-97521 - Aug. 1) (BR. 03) S-8 DYAX CORP, ONE KENDALL SQ BLDG 600 5TH FL, CAMBRIDGE, MA, 02139, 0 ($4,220,000.00) Equity, (File 333-97523 - Aug. 1) (BR. 01) S-8 PRECISION OPTICS CORPORATION INC, 22 EAST BROADWAY, GARDNER, MA, 01440-3338, 9786301800 - 0 ($592,306.00) Equity, (File 333-97525 - Aug. 1) (BR. 36) S-8 DYAX CORP, ONE KENDALL SQ BLDG 600 5TH FL, CAMBRIDGE, MA, 02139, 0 ($215,642.00) Equity, (File 333-97527 - Aug. 1) (BR. 01) S-8 FERRO CORP, 1000 LAKESIDE AVE, CLEVELAND, OH, 44114-1183, 2166418580 - 3,550,000 ($100,500,500.00) Equity, (File 333-97529 - Aug. 1) (BR. 02) S-3 GP STRATEGIES CORP, 9 W 57TH ST, STE 4170, NEW YORK, NY, 10019, 2122309500 - 3,934,661 ($17,194,468.57) Equity, (File 333-97531 - Aug. 1) (BR. 08) S-8 CANTERBURY PARK HOLDING CORP, 1100 CANTERBURY DR, SHAKOPEE, MN, 55379, 6124457223 - 0 ($2,650,500.00) Equity, (File 333-97533 - Aug. 1) (BR. 05) S-8 CANTERBURY PARK HOLDING CORP, 1100 CANTERBURY DR, SHAKOPEE, MN, 55379, 6124457223 - 0 ($1,325,250.00) Equity, (File 333-97537 - Aug. 1) (BR. 05) S-8 CONEXANT SYSTEMS INC, 4311 JAMBOREE RD, NEWPORT BEACH, CA, 92660-3095, 9494834600 - 9,500,000 ($16,910,000.00) Equity, (File 333-97539 - Aug. 1) (BR. 36) S-8 IRIDEX CORP, 1212 TERRA BELLA AVE, MOUNTAIN VIEW, CA, 95043-1824, 6509404700 - 330,000 ($848,742.00) Equity, (File 333-97541 - Aug. 1) (BR. 36) SB-2 MPTV INC, 366 SAN MIGUEL, SUITE 210, NEWPORT BEACH, CA, 92660, 9497606747 - 720,020,909 ($7,200,209.08) Equity, (File 333-97543 - Aug. 1) (BR. 08) S-3 BANK OF AMERICA MORTGAGE SECURITIES INC, 201 NORTH TRYON STREET, CHARLOTTE, NC, 28255-7137, 7043872111 - 0 ($1,000,000.00) Mortgage Backed Securities, (File 333-97547 - Aug. 1) (BR. 05) 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 AAVID THERMAL TECHNOLOGIES INC DE X X 07/17/02 ACTERNA CORP DE X X 07/31/02 ADEPT TECHNOLOGY INC DE X X 07/31/02 ALGIERS BANCORP INC LA X 07/31/02 ALLEN TELECOM INC DE X X 07/31/02 ALLIED RESEARCH CORP DE X 07/31/02 ALLIED WASTE INDUSTRIES INC DE X 07/31/02 AMERICAN COMMERCIAL LINES LLC DE X X 07/25/02 AMERICAN EXPRESS CO NY X 07/31/02 AMERICAN TISSUE INC DE X X 07/25/02 AMERICAN VANGUARD CORP DE X X 07/29/02 AMERICANWEST BANCORPORATION WA X X 07/31/02 AMERIVISION COMMUNICATIONS INC X 07/17/02 AMKOR TECHNOLOGY INC DE X X 07/30/02 APPLEBEES INTERNATIONAL INC DE X X 07/31/02 APPLIED GRAPHICS TECHNOLOGIES INC DE X 07/31/02 AQUILA INC DE X X 07/31/02 ATLANTIC EXPRESS TRANSPORTATION CORP NY X 08/01/02 ATLAS PIPELINE PARTNERS LP DE X X 07/31/02 AVANI INTERNATIONAL GROUP INC // NV X X 07/15/02 AZUREL LTD X 07/31/02 BEAR STEARNS ARM TRUST MORTGAGE PASS NY X X 07/25/02 BEAR STEARNS ARM TRUST MORTGAGE PASS X X 07/25/02 BEAR STEARNS ASSET BACKED SEC TR ASSE NY X X 06/25/02 BEVERLY ENTERPRISES INC DE X X 08/01/02 BILLSERV INC NV X X 07/25/02 BIOMARIN PHARMACEUTICAL INC DE X 07/31/02 BMC SOFTWARE INC DE X X 08/01/02 C BASS MORTGAGE LOAN ASSET BACKED CER DE X X 06/25/02 C BASS MORTGAGE LOAN ASSET BACKED CER DE X X 07/25/02 CDC MORTGAGE CAPITAL TRUST 2002 HE1 X 07/25/02 CENTRAL EUROPEAN MEDIA ENTERPRISES LT X 08/01/02 CITIGROUP INC DE X X 08/01/02 CITIGROUP INC DE X X 08/01/02 CLEAR CHANNEL COMMUNICATIONS INC TX X X 07/31/02 CMC SECURITIES CORP II DE X X 06/25/02 CMC SECURITIES CORP II DE X X 05/25/02 COLE COMPUTER CORP NV X 08/25/01 AMEND COMCAST CORP PA X X 08/01/02 COMPASS KNOWLEDGE HOLDINGS INC NV X X 07/31/02 CONSECO FINANCE CORP DE X 08/01/02 CONTINENTAL AIRLINES INC /DE/ DE X X 08/01/02 CORNING INC /NY NY X X 07/31/02 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 08/01/02 CVEO CORP MA X X 06/04/02 AMEND CWABS INC DE X X 07/31/02 CWABS INC DE X X 07/31/02 CYTRX CORP DE X X X 07/19/02 DANIELSON HOLDING CORP DE X X X 07/24/02 DAVEL COMMUNICATIONS INC IL X X X 07/24/02 DEFENSE INDUSTRIES INTERNATIONAL INC NV X X 07/31/02 DEL TACO INCOME PROPERTIES IV CA X 07/31/02 DEL TACO RESTAURANT PROPERTIES I CA X 07/31/02 DEL TACO RESTAURANT PROPERTIES II CA X 07/31/02 DEL TACO RESTAURANT PROPERTIES III CA X 07/31/02 DELTAGEN INC DE X X 08/01/02 DERMA SCIENCES INC PA X 07/19/02 DIAMETRICS MEDICAL INC MN X X 08/01/02 DISCOVER CARD MASTER TRUST I DE X 07/31/02 EARTHSHELL CORP DE X X 07/30/02 EGX FUNDS TRANSFER INC DE X 04/03/02 AMEND ENDO PHARMACEUTICALS HOLDINGS INC DE X X 08/01/02 ENERGIZER HOLDINGS INC MO X 08/01/02 EUPA INTERNATIONAL CORP /NV/ NV X 07/31/02 EVERCOM INC DE X 05/31/02 EXIDE CORP DE X 07/31/02 EXXON MOBIL CORP NJ X 07/31/02 FAR EAST ENERGY CORP X X 06/05/02 AMEND FIBERNET TELECOM GROUP INC\ DE X 07/25/02 FORD MOTOR CO DE X X 08/01/02 FORD MOTOR CREDIT CO DE X X 08/01/02 FRIEDMAN BILLINGS RAMSEY GROUP INC VA X 06/30/02 FRONTIER OIL CORP /NEW/ WY X 08/01/02 FUELNATION INC FL X X 07/29/02 GENERAL MAGIC INC DE X X 07/31/02 GENERAL MOTORS CORP DE X 08/01/02 GENESCO INC TN X 07/30/02 GEORGIA PACIFIC CORP GA X X 08/01/02 GLOBAL INDUSTRIES LTD LA X 06/30/02 GLOBALSANTAFE CORP X X 08/01/02 GOLD ENTERTAINMENT GROUP INC NV X X X 07/31/02 AMEND GOLDEN WEST FINANCIAL CORP /DE/ DE X 07/30/02 GULFMARK OFFSHORE INC DE X 06/30/02 HEALTHAXIS INC PA X X 07/31/02 HOME INTERIORS & GIFTS INC TX X X 07/31/02 HONDA AUTO RECEIVABLES 2002-3 OWNER T CA X X 07/16/02 HONDA AUTO RECEIVABLES 2002-3 OWNER T CA X 07/23/02 HONDA AUTO RECEIVABLES 2002-3 OWNER T CA X 07/24/02 HONDA AUTO RECEIVABLES 2002-3 OWNER T CA X X 07/24/02 HOUSEHOLD AUTOMOTIVE TRUST 2002-1 X 07/17/02 HOUSEHOLD HOME EQUITY LOAN TRUST 1999 DE X 07/22/02 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE X 07/22/02 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE X 07/22/02 IASIS HEALTHCARE CORP DE X X 08/01/02 IKON OFFICE SOLUTIONS INC OH X X 07/31/02 IMH ASSETS CORP DE X 07/25/02 IMH ASSETS CORP DE X 07/25/02 IMPAC SECURED ASSETS CORP CA X 07/25/02 IMPAC SECURED ASSETS CORP CA X 07/25/02 IMPCO TECHNOLOGIES INC DE X X 07/31/02 INDY MAC ABS INC HOME EQUITY MOR LN A DE X 07/25/02 INDYMAC MBS INC X 07/25/02 INDYMAC MBS INC X X 07/29/02 INDYMAC MBS INC RES AS SEC TR 2002-A3 X 07/25/02 INDYMAC MBS INC RESIDENTIAL ASSET SEC X 07/25/02 INDYMAC MBS INC RESIDENTIAL ASSET SEC X 07/25/02 INDYMAC MBS RESIDENTIAL ASSET SECURIT X 07/25/02 INTELLIGROUP INC NJ X 07/25/02 INTUIT INC DE X 07/29/02 INVERESK RESEARCH GROUP INC DE X X 07/31/02 IRV INC CO X X X X X 08/01/02 ISNI NET INC DE X 07/26/02 JANEL WORLD TRADE LTD NV X X X X X 07/22/02 AMEND JERSEY CENTRAL POWER & LIGHT CO NJ X 08/01/02 KONOVER PROPERTY TRUST INC MD X 08/01/02 LANCER CORP /TX/ TX X X 07/29/02 LANDMARK BANCORP INC DE X 06/30/02 LCA VISION INC DE X X 07/26/02 LINCOLN NATIONAL CORP IN X 06/30/02 LOCAL FINANCIAL CORP /NV DE X X 07/31/02 LONG BEACH MORT LOAN TRUST 2002-1AS B DE X 07/25/02 MARITRANS INC /DE/ DE X X 08/01/02 MAXXIM MEDICAL GROUP INC DE X 07/31/02 MCGRAW-HILL COMPANIES INC NY X X 08/01/02 AMEND MEREDITH CORP IA X 08/01/02 MID AMERICA APARTMENT COMMUNITIES INC TN X X 08/01/02 MIDAMERICAN ENERGY CO IA X X 07/31/02 MIDAMERICAN FUNDING LLC IA X X 07/31/02 MIDWAY GAMES INC DE X X 07/31/02 MILLENNIUM BANKSHARES CORP VA X X 07/31/02 MILLENNIUM CHEMICALS INC DE X 07/31/02 AMEND MMCA AUTO OWNER TRUST 1999-2 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2000-1 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2000-2 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2001 2 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2001-1 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2001-3 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2001-4 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2002-1 DE X X 07/15/02 MMCA AUTO OWNER TRUST 2002-2 X X 07/15/02 MONSANTO CO /NEW/ DE X X 08/01/02 MONY GROUP INC DE X X 08/01/02 MORGAN STANLEY DEAN WITTER CAPITAL I DE X X 04/25/02 MORGAN STANLEY DEAN WITTER CAPITAL I DE X 07/25/02 MORGAN STANLEY DEAN WITTER CAPITAL I DE X 07/25/02 MSDW STRUCTURED SATURNS SERIES 2001-5 DE X 07/01/02 MSU DEVICES INC DE X X 07/31/02 NATIONAL DENTEX CORP /MA/ MA X 07/31/02 NBC CAPITAL CORP MS X 07/30/02 NEW ENGLAND POWER CO MA X 07/30/02 NEWELL RUBBERMAID INC DE X X 08/01/02 NORTH FORK BANCORPORATION INC DE X X X 07/31/02 NORTH VALLEY BANCORP CA X X 07/31/02 NORTHERN STATES POWER CO MN X X 07/25/02 NRG ENERGY INC DE X X 07/25/02 NRG NORTHEAST GENERATING LLC DE X 07/26/02 NRG SOUTH CENTRAL GENERATING LLC DE X 07/26/02 OCEAN ENERGY INC /TX/ TX X 08/01/02 OHIO CASUALTY CORP OH X X 07/30/02 ONYX ACCEPTANCE FINANCIAL CORP DE X X 07/09/02 OWENS & MINOR INC/VA/ VA X X 07/25/02 PAM TRANSPORTATION SERVICES INC DE X X 07/30/02 PANERA BREAD CO DE X 08/01/02 PARK PLACE ENTERTAINMENT CORP DE X X 07/29/02 PEMSTAR INC MN X X 07/24/02 PENTON MEDIA INC DE X X 07/26/02 PEOPLES ENERGY CORP IL X X 08/01/02 PERMA FIX ENVIRONMENTAL SERVICES INC DE X 07/31/02 POLYMER GROUP INC DE X 08/01/02 POLYONE CORP X X 07/30/02 PREMIER AXIUM ASP INC NV X 06/04/02 AMEND PRG SCHULTZ INTERNATIONAL INC GA X X 07/31/02 PROTEO INC NV X 04/25/02 AMEND PROXYMED INC /FT LAUDERDALE/ FL X X 07/30/02 PSYCHEMEDICS CORP DE X X 07/30/02 PYRAMID OIL CO CA X 07/31/02 RELIANT ENERGY INC TX X X X 07/31/02 RELIANT RESOURCES INC DE X X X 07/31/02 REPUBLIC SERVICES INC DE X X 08/01/02 RESOURCE AMERICA INC DE X X 07/31/02 RETURN ASSURED INC DE X 07/31/02 RFS HOTEL INVESTORS INC TN X 08/01/02 RJ REYNOLDS TOBACCO HOLDINGS INC DE X 08/01/02 ROLLINS INC DE X 07/23/02 AMEND ROPER INDUSTRIES INC /DE/ DE X X 08/01/02 S1 CORP /DE/ DE X X 07/30/02 SAFECO CORP WA X 08/01/01 SAXON ASSET SECURITIES TRUST 2002-1 X 07/25/02 SBC COMMUNICATIONS INC DE X 06/30/02 SCHOLASTIC CORP DE X X 08/01/02 SEALED AIR CORP/DE DE X 07/30/02 SEQUOIA MORTGAGE FUNDING CORP MD X X 07/19/02 SEQUOIA MORTGAGE FUNDING CORP MD X X 05/31/02 SEQUOIA MORTGAGE FUNDING CORP MD X X 06/28/02 SEQUOIA MORTGAGE FUNDING CORP MD X X 07/20/02 SEQUOIA MORTGAGE FUNDING CORP MD X X 05/20/02 SEVEN SEAS PETROLEUM INC B0 X X 07/29/02 SOLUTIA INC DE X X 08/01/02 SPARTAN MOTORS INC MI X X 08/01/02 SPECIAL METALS CORP DE X X 07/31/02 SPECTRX INC DE X X 07/30/02 SPHERION CORP DE X X 08/01/02 SSP SOLUTIONS INC DE X X 07/25/02 ST PAUL COMPANIES INC /MN/ MN X 07/31/02 STANSBURY HOLDINGS CORP UT X X 08/01/02 STRUCTURED ASSET SECURITIES CORP DE X 07/26/02 SUPERIOR ENERGY SERVICES INC DE X X 08/01/02 SVI SOLUTIONS INC NV X 08/01/02 TALBOTS INC DE X X 07/23/02 TEL VOICE COMMUNICATIONS INC NV X X 07/17/02 AMEND THORNBURG MORTGAGE SEC TR 2002-1 MRT DE X 07/25/02 TITAN CORP DE X X 07/30/02 TOUCH AMERICA HOLDINGS INC X X 07/31/02 TOYMAX INTERNATIONAL INC DE X X 07/29/02 TRANSPORT CORPORATION OF AMERICA INC MN X 08/01/02 TRIAD HOSPITALS INC DE X X 07/29/02 TRICO MARINE SERVICES INC DE X 07/31/02 TRUSERV CORP DE X X 08/01/02 U S LIQUIDS INC DE X X 08/01/02 UICI DE X X 07/31/02 ULTIMATE SOFTWARE GROUP INC DE X X 07/24/02 UNITED BANCSHARES INC/OH OH X X 08/01/02 UNITED TECHNOLOGIES CORP /DE/ DE X X 08/01/02 UNITRIN INC DE X X 07/31/02 UPTOWNER INNS INC WV X 06/17/02 AMEND VIASYS HEALTHCARE INC DE X X X 07/30/02 VIB CORP CA X 07/30/02 VIROPHARMA INC DE X X 08/01/02 WHX CORP DE X X 07/31/02 WINSTON HOTELS INC NC X 07/01/02 AMEND XCEL ENERGY INC MN X X 07/25/02 XSTREAM BEVERAGE GROUP INC NV X X 07/29/02