SEC NEWS DIGEST Issue 2003-44 March 7, 2003 COMMISSION ANNOUNCEMENTS ADDITIONAL PUBLIC APPEARANCES OF SENIOR COMMISSION OFFICIALS - MARCH - 2003 The following are additional public appearances of SEC officials for March 2003. For additional information on events hosted by groups other than the Commission, please call the contact numbers listed. As events are subject to change, please confirm them with the SEC's Office of Public Affairs or the sponsoring organizations. When: Monday, March 10 Who: Commissioner Harvey J. Goldschmid What: Dyson Distinguished Lecture Series Where: Pace University, White Plains, New York Contact: Jennifer Riekert, (914) 422-4128 When: Wednesday, March 12 Who: Commissioner Cynthia A. Glassman What: American Community Bankers Where: Washington, DC Contact: Robert Davis, (202) 857-3100 When: Thursday, March 13 Who: Commissioner Harvey J. Goldschmid What: Corporate Counsel Institute Where: Georgetown University Law Center, Washington, DC Contact: Margaret Wheat, (202) 662-9892 When: Monday, March 24 Who: Chairman Donaldson What: National Association for Business Economics Contact: Tim O'Neill, (202) 463-6223 Contact: Mary Head, Brian Stern and Rosemary Filou, (202) 942-0600 When: Thursday. March 27 Who: Alan L. Beller, Director, Division of Corporation Finance What: Council of Institutional Investors' Spring Meeting Where: Mayflower Hotel, Washington DC Contact: Ann Yerger, (202) 822-0800 When: Sunday, March 30 - Tuesday, April 1 Who: Paul F. Roye, Director, Division of Investment Management What: ICI's 2003 Mutual Funds and Investment Management Conference Where: Marriott Desert Springs, Palm Desert, California Contact: John Collins, (202) 326-5864 OFFICE OF THE CHIEF ACCOUNTANT SELECTS FOUR PROFESSIONAL ACCOUNTING FELLOWS The Commission's Office of the Chief Accountant has selected four professional accounting fellows for two-year terms beginning in April 2003: * Robert J. Comerford, currently a senior manager in Deloitte & Touche LLP's Global Markets Group based in New York * Russell P. Hodge, a senior manager in Ernst & Young LLP's Southeast Area Professional Practice Group in Atlanta, Ga. * John M. James, a director in PricewaterhouseCoopers LLP's Professional, Technical, Risk and Quality Group in Florham Park, N.J. * Chad A. Kokenge, a senior manager in PricewaterhouseCoopers LLP's Professional, Technical, Risk and Quality Group in Florham Park, N.J. The four will join the current professional accounting fellows -- D. Douglas Alkema, Gregory A. Faucette, Randolph P. Green, and Eric J. Schuppenhauer. Outgoing professional accounting fellows are Michael S. Thompson and Carina C. Markel. At the Commission, the newly selected professional accounting fellows will work with the Chief Accountant and be involved in the study and development of rule proposals under the federal securities laws, liaison with the professional accounting and auditing standards-setting bodies, and consultation with registrants on accounting and reporting matters. "I look forward to working with each of these four highly motivated individuals as the SEC staff tackles the many challenging issues that lie ahead," said Jackson M. Day, Acting Chief Accountant. (Press Rel. 2003-29) ENFORCEMENT PROCEEDINGS SPIEGEL CONSENTS TO PERMANENT INJUNCTION AND APPOINTMENT OF AN INDEPENDENT EXAMINER The Commission filed a civil injunctive action today alleging that Spiegel Inc. violated the federal securities laws by withholding material information from the public. Spiegel consented to the entry of a partial final judgment and permanent injunction without admitting or denying the allegations in the Commission's complaint. The complaint alleges that Spiegel withheld the fact that in or about the beginning of 2002, its independent auditor had notified Spiegel that it may not be able to continue as a "going concern." The complaint further alleges that Spiegel's independent auditor later provided a proposed auditor report in or about January or February 2002 which stated that the audit firm had "substantial doubts" about Spiegel's ability to continue as a going concern absent the company addressing certain financial issues. The complaint filed in the U.S. District Court in Chicago, alleges that Spiegel decided not to make its required 10-K and 10-Q filings to conceal the "going concern" issue from the public. Instead, the company filed a series of Forms NT (notices of late filing) indicating that Spiegel was not in a position to file because various lending agreements were not in place. According to the complaint, statements made by Spiegel executives confirm that Spiegel chose not to make its required filings to avoid disclosing the going concern notice and to avoid the negative "disruptions" that the disclosure of this information would cause. The complaint further alleges that Spiegel failed to disclose its auditor's "going concern" notice in various press releases and public statements that discussed the company's financial condition. Spiegel consented to the entry of a partial final judgment and order of permanent injunction for violations of Sections 10(b) and 13(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 13a-1 and 13a-13 promulgated thereunder. In addition, Spiegel consented to the entry of an Order appointing an Independent Examiner to protect the interests of Spiegel's minority shareholders. The Independent Examiner will review Spiegel's financial records and provide the Court with a written report within 120 days of the entry of the order. The report will discuss Spiegel's financial condition and identify any material accounting irregularities. The Independent Examiner may also recommend to the Court interim steps for the protection of Spiegel's minority shareholders. The Court will determine at a later date whether disgorgement, prejudgment interest, civil penalties and other equitable relief are appropriate. The Commission's investigation in this matter continues. [SEC v. Spiegel, Inc., USDC ND Ill., Case No. 03C 1685] (LR- 18020) AMEX PROCEEDINGS AGAINST BARRY WAYNE BLANK SUSTAINED On March 7, the Commission sustained disciplinary action taken by the American Stock Exchange LLC against Barry Wayne Blank, who was formerly associated with Coleman & Company Securities, Inc. The Amex found that Blank engaged in conduct inconsistent with just and equitable principles of trade by filing a false affidavit with a stock transfer company in an attempt to obtain a stock certificate. The Amex censured Blank, fined him $50,000 and suspended him for 30 business days from regular, options principal, associate or allied membership; from approved person or limited trading permit holder status; and from employment in any capacity with an Exchange member or member organization. The Commission found that Blank's statement in the affidavit -- that he had not transferred certain shares of stock -- was false because he had previously transferred the shares to Coleman. The Commission noted that by filing the affidavit, Blank induced the transfer agent to issue a stock certificate to him, although he knew that there should be only one certificate corresponding to the shares in question and had no reason to believe that Coleman did not have such a certificate in its possession. The Commission concluded that Blank's conduct merited a significant sanction, and found that the sanctions imposed by the Amex were neither excessive nor oppressive. (Rel. 34-47461; File No. 3-10671) PENNY STOCK BAR ISSUED AGAINST ANDREW POPE On March 7, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions Against Respondent Andrew L. Pope (Order). The Order found that on Feb. 14, 2003, the U.S. District Court for the District of Nevada issued a judgment against Pope permanently enjoining him from further violations of Sections 5(a), 5(c) and 17(b) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder (SEC v. Pope, Civ. No. CV- S-02-1014, RLH-RJJ). The Commission's complaint alleged that between February and May, 2000, Pope engaged in a fraudulent scheme to promote the stock of six "microcap" companies through the dissemination of numerous unsolicited "spam" e-mails, including the stock of Hightec, Inc., which was at all relevant times a penny stock. According to the complaint, the e-mails contained false and misleading statements concerning, among other things, Pope's trading intentions, compensation, and success "track record" with respect to the stocks. The complaint further alleges that, after disseminating the spam e-mails and fraudulently generating investor interest, Pope sold stock of all six of the issuers into the resulting inflated markets, thereby realizing profits of approximately $669,000. On Nov. 20, 2002, Pope pled guilty to one count of conspiracy to commit securities fraud, wire fraud and commercial bribery and one count of securities fraud in a federal criminal indictment relating to the scheme (U.S. v. Pope, S2-00-Cr-631 (RCC) SDNY). Based upon the above, the Commission issued an order barring Pope from participating in any offering of a penny stock. Pope consented to the issuance of the injunctive and administrative orders without admitting or denying the facts alleged in the complaint or the findings in the Order. Litigation as to the Commission's claims for disgorgement and civil penalties in the civil injunctive action is continuing. (Rel. 34- 47462; File No. 3-11056) SEC SUES OFFICERS OF HEXAGON CONSOLIDATED COMPANIES OF AMERICA, INC. AND REGISTERED ASSAYER The Commission announced today that it has filed a complaint against three men for various violations of the federal securities law. The three defendants are Michael J. Pietrzak of Carol Stream, Illinois, Maurice W. Furlong of Reno, Nevada, and Donald E. Jordan of Henderson, Nevada. Pietrzak and Furlong are officers and directors of Hexagon Consolidated Companies of America, Inc. (HCCA), a development stage mining company headquartered in Reno, Nevada. Pietrzak is HCCA's general counsel, executive vice president and secretary, as well as a director. Furlong is HCCA's chairman, president and CEO. Defendant Jordan is a registered assayer who issued misleading reports that falsely stated that HCCA held ore and other minerals valued at more than $2 billion. The complaint alleges a wide-range of securities law violations, including that misstatements were made by HCCA in filings with the Commission. Pietrzak and Furlong engaged in protracted efforts to fraudulently increase the stock price and value of the company by, among other means, filing false and misleading registration statements and periodic and current reports, and by issuing false press releases and a letter to shareholders. During the same time, Pietrzak and Furlong sold a total of more than 79.7 million shares of HCCA stock, fraudulently receiving at least $4.2 million. The complaint also alleges that from 1996 through 2001 HCCA, through the efforts of Pietrzak and Furlong, reported to the public that is was an entity with substantial assets when, in fact, it was virtually worthless. Defendant Jordan engaged in fraud when he issued false and misleading reports that valued HCCA's mining assets at more than $2 billion. Pietrzak and Furlong are charged with violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder. They are charged with misstatements in filings with the Commission that aided and abetted violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11, 13a-13 thereunder. Pietrzak and Furlong are also charged with aiding and abetting violations involving internal accounting controls and books and records violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. Pietrzak and Furlong are both charged with books and records violations of Section 13(b)(5) of the Exchange Act and Rules 13b2-1 thereunder. As a final count against him, Furlong is charged with violations of stock ownership reporting provisions of Sections 16(a) of the Exchange Act and Rules 16a-2 and 16a-3 thereunder. As to the remaining defendant, Jordan is charged with violations of the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. He is also charged with aiding and abetting violations of Section 13(a) of the Exchange Act and Rule 13a-1 thereunder. The complaint asks the Court to issue permanent injunctions and to order disgorgement, prejudgment interest thereon and civil penalties against each defendant. The Commission also seeks orders against Pietrzak and Furlong barring them from serving as officers and directors in the future, and imposing a penny stock bar against them. [SEC v. Michael J. Pietrzak, Maurice W. Furlong and Donald E. Jordan, Civil Action No. 03C-1507, ND Ill.] (LR-18016) INJUNCTIVE ACTION FILED AGAINST TWO FORMER OFFICERS OF ACRODYNE COMMUNICATIONS, INC., AND ACRODYNE'S FORMER CONTROLLER The Commission announced that it filed a complaint seeking injunctive and other relief against A. Robert Mancuso, Ronald R. Lanchoney and Shamir A. Ally, all Pennsylvania residents. Simultaneously with the filing of the complaint, the Commission filed the defendants' consents to the entry of permanent injunctions and other relief as detailed below. The Commission's complaint alleged that Mancuso, Lanchoney and Ally, former officers or employees of Acrodyne Communications, Inc. (Acrodyne), were involved in Acrodyne's dissemination of false financial information in press releases and Commission filings in 1998, 1999 and 2000. The Commission alleged that Mancuso (Acrodyne's former CEO and president), Lanchoney (Acrodyne's former CFO), and Ally (Acrodyne's former controller) were aware of numerous and significant problems with Acrodyne's accounting controls, but failed to assure that Acrodyne's financial transactions were accurately recorded. The Commission claimed that, as a result of the actions of Mancuso, Lanchoney and Ally, Acrodyne engaged in inaccurate and improper cost accounting and revenue recognition. The Commission also alleged that, starting in the second quarter of 1999 and continuing through the first quarter of 2000, Ally directed that unsupported journal entries be made to the cost of sales and inventory accounts to bring Acrodyne's financial statements in line with the gross margin percentage he had estimated for period. The Commission claimed that Mancuso approved these fraudulent adjustments for the first quarter of 2000. Finally, the Commission claimed that Mancuso recklessly provided false information to Acrodyne's auditors relating to Acrodyne's guarantee of a customer's debt. Each defendant consented to the entry of a permanent injunction prohibiting future violations of Sections 10(b) and 13(b)(5) of the Exchange Act of 1934 (Exchange Act) and Rules 10b-5 and 13b2-1 thereunder, and future aiding and abetting violations of Sections 13(a) and 13(b)(2) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13. The injunction to which Mancuso consented would also prohibit him from committing future violations of Rule 13b2-2 under the Exchange Act. Mancuso and Lanchoney also consented to a bar prohibiting them from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act. Mancuso, Lanchoney and Ally further agreed to pay civil penalties of $50,000, $10,000 and $10,000, respectively. In making his offer of settlement, Lanchoney submitted sworn financial statements to the Commission demonstrating that he could not pay a larger penalty. In a related matter, the Commission ordered Acrodyne to cease-and-desist from future violations of the antifraud, periodic reporting and books and records provisions of the Exchange Act. [SEC v. A. Robert Mancuso, Ronald R. Lanchoney and Shamir A. Ally, Case No. 03-1220, EDPA] (LR- 18017; AAE Rel. 1732) INVESTMENT ADVISER ALAN BRIAN BOND SENTENCED On Feb. 11, 2003, U.S. District Judge Leonard Sand sentenced investment adviser Alan Brian Bond (Bond) to a prison term of 12 years, 7 months and ordered him to pay $6.6 million in restitution, with possible additional restitution, for his role in both a commission kickback scheme and a trade allocation or "cherry picking" scheme. Bond, Harvard educated and a frequent guest on television talk shows, allegedly used the ill-gotten gains to purchase more than 75 luxury and antique automobiles and a large home and beachfront condominium in Florida. On June 10, 2002, Bond was convicted in the U.S. District Court for the Southern District of New York of six counts of conspiracy, investment advisory fraud and mail fraud related to the cherry picking scheme. On Oct. 11, 2002, Bond pled guilty to ten additional counts including conspiracy, investment advisory fraud and filing a false tax return related to the commission kickback scheme. The Commission filed a complaint against Bond on Dec. 16, 1999. The complaint alleged that from at least September 1993 through November 1998, Bond, through his former investment advisory firm Bond, Procope Capital Management, Inc., received over $6.9 million in commission kickbacks from three brokerage firms. The kickbacks, which were siphoned off of the investment returns of Bond's clients in the form of mark-ups or mark-downs on principal trades, were used by Bond to finance an opulent personal lifestyle. On Aug. 10, 2001, the Commission filed an amended complaint and added allegations that beginning in March 2000, Bond, using his new investment advisory firm Albriond Capital Management, LLC, participated in an ongoing "cherry picking" scheme in which Bond allocated the majority of profitable trades to himself and the majority of unprofitable trades to three of his advisory clients, causing them to lose millions of dollars. The Commission's case has been stayed pending the resolution of the criminal case. [SEC v. Alan Brian Bond, et al., Civil Action No. 99 Civ. 12092 (RO) SDNY]; [U.S. v. Alan Brian Bond, Crim. Case Nos. 99-CR 1235 and 01-CR1140, SDNY] (LR- 18018) SECURITIES LAW VIOLATOR SENTENCED FOR CONSPIRACY TO COMMIT SECURITIES FRAUD, COUNTERFEIT SECURITIES VIOLATIONS AND MONEY LAUNDERING Mark Cecil Thurman, who was the subject of a Securities and Exchange Commission (SEC) injunctive action, pleaded guilty to conspiracy to commit securities fraud, counterfeit securities violations and money laundering and has been sentenced to jail. The charges against Thurman arose out of the same misconduct that was the basis for a SEC Complaint filed March 9, 2001. The SEC obtained injunctive and other relief from Thurman by his consent without admitting or denying the allegations in SEC v. Families On Line Corporation, Mark C. Thurman, and Robert D. Fiene, Litigation Release No. 16930 (Mar. 3, 2001). On March 9, 2001, the U.S. Attorney's Office for the Southern District of Florida (USAO) indicted Mark Cecil Thurman of Fort Lauderdale, Florida, charging him with conspiracy to commit securities fraud, counterfeit securities violations, money laundering and wire fraud. The indictment was based on allegations that Thurman violated the law by convincing investors to purchase stock in Families On Line, Thurman's filtered internet service provider, and then misappropriating those funds. The indictment alleged that Thurman and others: * solicited and received funds from investors between July 1999 and March 2001, while he was the chief executive officer of Families On Line * made material false statements, omitted material facts, and generated fraudulent documents to support the false representations * used investor funds for his own benefit. Thurman pleaded guilty on Oct. 11, 2002 to one count of conspiracy to commit securities fraud, counterfeit securities violations, and money laundering. In addition, Thurman pleaded guilty to one count of wire fraud. On Feb. 25, 2003, Thurman, age 43, was sentenced to a term of eight years imprisonment and ordered to pay more than $4.2 million in restitution to his victims. [U.S. v. Mark Cecil Thurman, Case No. 01- 6044-CR-Hurley, SD Fla.] (LR-18019) INVESTMENT COMPANY ACT RELEASES TCW PREMIER FUNDS, ET AL. An order has been issued on an application filed by TCW Premier Funds (Trust) and TCW Investment Management Company (TCW), granting exemptions under Section 6(c) of the Investment Company Act of 1940 (Act) from the provisions of Sections 9(a), 13(a), 15(a) and 15(b) of the Act and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder to permit shares of the Trust and shares of any other existing or future investment company that is designed to fund insurance products and for which TCW, or any of its affiliates, may serve as investment manager, investment adviser, subadviser, administrator, manager, principal underwriter or sponsor (the Trust and such other investment companies being hereinafter referred to, collectively, as Insurance Trusts), or permit shares of any current or future series of any Insurance Trust (Insurance Fund) to be sold to and held by: (1) separate accounts funding variable annuity and variable life insurance contracts issued by both affiliated and unaffiliated life insurance companies; (2) qualified pension and retirement plans outside of the separate account context; (3) any investment manager to an Insurance Fund and affiliates thereof that is permitted to hold shares of an Insurance Fund consistent with the requirements of Treasury Regulation 1.817-5; and (4) any insurance company that is permitted to hold shares of an Insurance Fund consistent with the requirements of Treasury Regulation 1.817-5. (Rel. IC-25954 - March 7) HOLDING COMPANY ACT RELEASES ALLEGHENY ENERGY, INC. A notice has been issued giving interested persons until March 31, 2003, to request a hearing on a proposal by Allegheny Energy, Inc., a registered holding company, to issue up to 20.5 million shares of its common stock to outside directors and through an employee stock ownership and savings plan. (Rel. 35-27657) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE A proposed rule change (SR-Amex-2003-11) filed by the American Stock Exchange relating to the adoption of a per contract licensing fee for the iShares Cohen & Steers Realty Majors Index Fund 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 March 10. (Rel. 34-47431) 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 SELECTICA INC, 2890 ZANKER ROAD, SAN JOSE, CA, 95134, 3,989,411 ($11,768,762.00) Equity, (File 333-103622 - Mar. 6) (BR. 03) S-3 COUNTRYWIDE FINANCIAL CORP, 4500 PARK GRANADA BLVD, CALABASAS, CA, 91302, 8182253000 - 9,868,925,000 ($9,868,925,000.00) Other, (File 333-103623 - Mar. 6) (BR. 07) S-3 SONIC SOLUTIONS/CA/, 101 ROWLAND WAY, STE 110, NOVATO, CA, 94945, 4158938000 - 0 ($20,000,000.00) Equity, (File 333-103624 - Mar. 6) (BR. 03) S-8 NU HORIZONS ELECTRONICS CORP, 70 MAXESS RD, MELVILLE, NY, 11747, 5163965000 - 650,000 ($3,487,250.00) Equity, (File 333-103625 - Mar. 6) (BR. 36) S-8 NU HORIZONS ELECTRONICS CORP, 70 MAXESS RD, MELVILLE, NY, 11747, 5163965000 - 150,000 ($804,750.00) Equity, (File 333-103626 - Mar. 6) (BR. 36) S-8 SYNOVUS FINANCIAL CORP, 901 FRONT AVENUE, STE 202 PO BOX 120, COLUMBUS, GA, 31901, 7066494818 - 249,505 ($4,880,317.80) Other, (File 333-103628 - Mar. 6) (BR. 07) S-8 CATALINA MARKETING CORP/DE, 11300 9TH ST NORTH, ST PETERSBURG, FL, 33716, 8135795000 - 5,100,000 ($90,372,000.00) Equity, (File 333-103631 - Mar. 6) (BR. 02) S-8 CATALINA MARKETING CORP/DE, 11300 9TH ST NORTH, ST PETERSBURG, FL, 33716, 8135795000 - 250,000 ($4,430,000.00) Equity, (File 333-103632 - Mar. 6) (BR. 02) S-8 PARKER HANNIFIN CORP, 6035 PARKLAND BOULEVARD, CLEVELAND, OH, 44124-4141, 2168963000 - 112,500 ($4,563,000.00) Equity, (File 333-103633 - Mar. 6) (BR. 06) S-3 SEQUOIA MORTGAGE FUNDING CORP, 591 REDWOOD HWY, STE 3120, MILL VALLEY, CA, 94941, 4153811765 - 0 ($6,000,000,000.00) Asset-Backed Securities, (File 333-103634 - Mar. 6) (BR. 05) S-8 SYNOPSYS INC, 700 E MIDDLEFIELD RD, MOUNTAIN VIEW, CA, 94043-4033, 6509625000 - 1,072,751 ($52,927,804.46) Equity, (File 333-103635 - Mar. 6) (BR. 03) S-8 SYNOPSYS INC, 700 E MIDDLEFIELD RD, MOUNTAIN VIEW, CA, 94043-4033, 6509625000 - 600,000 ($24,561,000.00) Equity, (File 333-103636 - Mar. 6) (BR. 03) S-8 LESCO INC/OH, 20005 LAKE RD, ROCKY RIVER, OH, 44116, 2163339250 - 38,500 ($424,568.00) Equity, (File 333-103637 - Mar. 6) (BR. 02) S-8 CENTRAL WIRELESS INC, 4333 S. TAMIAMI TRAIL, SUITE E, SARASOTA, FL, 34231, 941-9291534 - 50,000,000 ($1,000,000.00) Equity, (File 333-103638 - Mar. 6) (BR. 37) S-8 RESTORATION HARDWARE INC, 15 KOCH ROAD, SUITE J, CORTE MADERA, CA, 94925, 415-924-1005 - 0 ($1,974,328.80) Equity, (File 333-103639 - Mar. 6) (BR. 02) SB-2 CAFE DE CHARRETTE, 200,000 ($20,000.00) Equity, (File 333-103641 - Mar. 6) (BR. ) F-3 STELMAR SHIPPING LTD, STATUS CENTER 2A AREOS STREET, VOULIAGMENI GR 16671 ATHENS GREECE, ATHENS GREECE, J3, 00000, 0113019670 - 0 ($6,924,966.00) Equity, (File 333-103642 - Mar. 6) (BR. 05) S-4 OSI PHARMACEUTICALS INC, 106 CHARLES LINDBERGH BLVD, UNIONDALE, NY, 11553, 5162220023 - 0 ($70,041,609.00) Equity, (File 333-103644 - Mar. 6) (BR. 01) S-4 BOSTON PROPERTIES LTD PARTNERSHIP, 8 ARLINGTON STREET, BOSTON, MA, 02116, 6178592600 - 0 ($925,000,000.00) Non-Convertible Debt, (File 333-103645 - Mar. 6) (BR. ) 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 ------------------------------------------------------------------------------------ ACCENTURE LTD X X 03/03/03 ACCENTURE SCA X X 03/03/03 AEI REAL ESTATE FUND 85-B LTD PARTNER MN X 02/25/03 AG SERVICES OF AMERICA INC IA X X 02/24/03 ALASKA COMMUNICATIONS SYSTEMS GROUP I DE X X 03/06/03 ALASKA COMMUNICATIONS SYSTEMS HOLDING DE X X 03/06/03 AMERADA HESS CORP DE X 03/05/03 AMERICA FIRST ASSOCIATES CORP CO X 02/19/03 AMERICAN EXPRESS CO NY X 03/06/03 AMERICAN RETIREMENT CORP TN X X 03/06/03 AMERICAN TECHNOLOGY CORP /DE/ DE X X 02/28/03 ANDRX CORP /DE/ DE X X 03/05/03 APHTON CORP DE X X 03/04/03 ASV INC /MN/ MN X X 03/06/03 ATLANTIC REALTY TRUST CA X 03/06/03 BANCINSURANCE CORP OH X X 03/05/03 BANK OF AMERICA MORT SEC INC MORT PAS DE X X 02/20/02 BEAR STEARNS ASSET BACKED SECURITIES DE X X 03/06/03 BEAR STEARNS ASSET BACKED SECURITIES DE X X 03/06/03 BERKLEY W R CORP DE X X 03/04/03 BERKSHIRE HILLS BANCORP INC X 03/05/03 BEYOND COM CORP DE X X 02/19/03 BIG EQUIPMENT SERVICES INC NV X X 03/06/03 BRIGHAM EXPLORATION CO DE X X X 03/04/03 BROOKLINE BANCORP INC MA X 03/05/03 CANDELA CORP /DE/ DE X X 03/06/03 CARDINAL BANKSHARES CORP VA X X 03/05/03 CCBT FINANCIAL COMPANIES INC MA X X 03/05/03 CECIL BANCORP INC MD X 03/04/03 CENTEX CORP NV X X 03/05/03 CENTRAL WIRELESS INC UT X X X 02/20/03 CEPHALON INC DE X 03/05/03 CIB MARINE BANCSHARES INC WI X 03/06/03 COCA COLA BOTTLING CO CONSOLIDATED /D DE X X 03/05/03 COGNIZANT TECHNOLOGY SOLUTIONS CORP X X 03/05/02 COLUMBIA BANKING SYSTEM INC WA X X 03/03/03 COMCAST CORP PA X X 02/27/03 COMMONWEALTH ENERGY CORP X 03/06/03 COMMUNICATION INTELLIGENCE CORP DE X X 02/13/03 COMMUNITY FIRST BANKSHARES INC DE X X 02/26/03 COMMUNITY WEST BANCSHARES / CA X X 03/04/03 CONSOLIDATED FREIGHTWAYS CORP DE X 02/24/03 CONVERGYS CORP OH X X 03/06/03 COPPER MOUNTAIN NETWORKS INC DE X X 03/04/03 CORAM HEALTHCARE CORP DE X X 03/03/03 CORPORATE ASSET BACKED CORP DE X 03/03/03 CORPORATE EXECUTIVE BOARD CO DE X X 03/05/03 COVENTRY HEALTH CARE INC DE X 03/31/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 03/06/03 CRIIMI MAE INC MD X 03/06/03 CWABS INC ASSET BACKED CERTS SERIES 2 DE X X 02/28/03 CWABS INC ASSET BACKED CERTS SERIES 2 DE X X 02/28/03 CWABS INC ASSET BACKED CERTS SERIES 2 DE X X 02/28/03 CYBERTEL COMMUNICATIONS CORP NV X X 12/31/02 DELTA MILLS INC DE X X 03/05/03 DELTA WOODSIDE INDUSTRIES INC /SC/ SC X X 03/05/03 DIAMETRICS MEDICAL INC MN X X 03/06/03 DIAMOND OFFSHORE DRILLING INC DE X X 03/06/03 DIGITAL FUSION INC/NJ/ DE X 03/03/03 DOLLAR GENERAL CORP TN X 03/06/03 DYNACORE HOLDINGS CORP DE X 02/25/03 EFJ INC DE X X X 03/06/03 EMERGENT GROUP INC/NY NV X X 03/06/03 ENERGY EAST CORP NY X 03/05/03 ENGINEERED SUPPORT SYSTEMS INC MO X X 03/04/03 EUPA INTERNATIONAL CORP /NV/ NV X X 07/25/02 AMEND EURONET WORLDWIDE INC DE X X 02/19/03 EXELON CORP PA X 03/03/03 EZ EM INC DE X X 03/06/03 FACTORY CARD OUTLET CORP DE X X 03/06/03 FIDELITY NATIONAL FINANCIAL INC /DE/ DE X X 03/05/03 FIRST CONSUMERS MASTER TRUST IL X 01/31/03 FIRST DATA CORP DE X 03/06/03 FIRST NATIONAL FUNDING LLC NE X 02/18/03 FIRST YEARS INC MA X X 03/06/03 FLEETWOOD ENTERPRISES INC/DE/ DE X 03/06/03 FLEETWOOD ENTERPRISES INC/DE/ DE X X 03/06/03 FRANKLIN LAKE RESOURCES INC /NV NV X 03/06/03 FREEPORT MCMORAN COPPER & GOLD INC DE X 03/06/03 GAP INC DE X X 03/06/03 GEVITY HR FL X X 03/05/03 GS MORTGAGE SECURITIES CORP II DE X X 03/04/03 GUILFORD PHARMACEUTICALS INC DE X 02/26/03 HEALTHCARE INVESTORS OF AMERICA INC MD X 02/22/03 HSBC USA INC /MD/ MD X 03/06/03 HUAYANG INTERNATIONAL HOLDINGS INC NV X X 03/01/03 HUB INTERNATIONAL LTD X 03/06/03 I TRACK INC NV X 02/19/03 INDEPENDENT BANK CORP MI X 03/06/03 INDUS INTERNATIONAL INC DE X X X 03/05/03 INDYMAC MBS INC RESIDENTIAL ASSET SEC X X 02/27/02 INKTOMI CORP DE X X 03/06/03 INSPIRE PHARMACEUTICALS INC DE X 03/06/03 INTERCEPT INC GA X X 03/05/03 INTEVAC INC CA X X 03/05/03 INVESTMENT PROPERTIES ASSOCIATES NY X 03/06/03 INVESTORS FINANCIAL SERVICES 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TECHNOLOGIES INC WA X 03/06/03 MS STRUCTURED ASSET CORP DE X 02/19/03 AMEND NATURAL GAS SERVICES GROUP INC X X 02/28/03 NEOGEN CORP MI X 03/06/03 NEW PLAN EXCEL REALTY TRUST INC MD X 03/06/03 NEW PLAN EXCEL REALTY TRUST INC MD X 03/06/03 NEXTEL COMMUNICATIONS INC DE X X 03/06/03 NOBEL LEARNING COMMUNITIES INC DE X X 03/06/03 NOMATTERWARE INC NV X 03/01/03 NORTHEAST INDIANA BANCORP INC DE X X 03/06/03 NORTHWEST PIPELINE CORP DE X 03/04/03 NRG ENERGY INC DE X X 03/04/03 NSD BANCORP INC PA X X 03/05/03 NYMEX HOLDINGS INC DE X 03/06/03 OPTION ONE MORTGAGE ACCEPTANCE CORP DE X X 03/05/03 ORTHOFIX INTERNATIONAL N V X 03/04/03 OUTBACK STEAKHOUSE INC DE X 03/04/03 PACIFIC GAS & ELECTRIC CO CA X X 03/06/03 PANTRY INC DE X X 03/03/03 PARAGON POLARIS STRATAGIES COM INC NV X X X 02/20/03 PENNSYLVANIA REAL ESTATE INVESTMENT T PA X 03/03/03 PEPCO HOLDINGS INC DE X 03/06/03 PG&E CORP CA X X 03/06/03 PLAINS ALL AMERICAN PIPELINE LP DE X X 03/05/03 PLAYBOY ENTERPRISES INC DE X X 03/05/03 PLAYBOY ENTERPRISES INC DE X X 03/06/03 PMA CAPITAL CORP PA X X X 03/05/03 PRECISE LIFE SCIENCES LTD NV X 03/03/03 PRIVATE BUSINESS INC TN X X 03/05/03 PROLONG INTERNATIONAL CORP NV X X 02/19/03 RENAISSANCE MORTGAGE ACCEPTANCE CORP DE X 03/06/03 RES CARE INC /KY/ KY X 03/05/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X 03/06/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 03/06/03 RESIDENTIAL ASSET SECURITIES CORP DE X X 08/26/02 ROYAL BODYCARE INC/NV DE X X 02/18/03 SAFEWAY INC DE X 02/25/03 SAFLINK CORP DE X 03/06/03 SAKS INC TN X X 03/05/03 SAKS INC TN X X 03/06/03 SANTANDER BANCORP X 02/28/03 SATELLITE ENTERPRISES CORP X 02/05/02 AMEND SEACOAST FINANCIAL SERVICES CORP MA X X 03/06/03 SILICON IMAGE INC DE X 03/03/03 SITESTAR CORP NV X X 02/03/03 AMEND SOVEREIGN BANCORP INC PA X 03/05/03 SPARTAN STORES INC MI X X 03/06/03 SPORTSLINE COM INC DE X X 03/05/03 ST PAUL COMPANIES INC /MN/ MN X X 03/05/03 STATE STREET CORP MA X X 03/05/03 STRUC PROD CORP TIERS PRIN PRO MIN RE DE X X 02/19/03 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PHARMACEUTICALS INC NV X X 03/05/03 WILLIAMS COMPANIES INC DE X 03/04/03 WORLD TRANSPORT AUTHORITY INC X 03/05/03 AMEND XETEL CORP DE X X 02/28/03 YOUBET COM INC DE X X 02/11/03