SEC NEWS DIGEST Issue 2004-68 April 8, 2004 ENFORCEMENT PROCEEDINGS GERBER SCIENTIFIC, INC. CONSENTS TO THE ISSUANCE OF A CEASE-AND-DESIST ORDER The Commission today issued an Order Instituting Cease-and-Desist Proceedings, Making Findings, and a Imposing a Cease-and-Desist Order Pursuant to Section 21C of the Securities Exchange Act of 1934 (Order) against Gerber Scientific, Inc. (Gerber Scientific). In its Order, the Commission found that Gerber Scientific violated the antifraud provisions of the federal securities laws when it learned that it had not recorded $1.5 million of a $6.2 million write-down in the value of certain inventory but then failed to correct a previously issued earnings press release that had announced the $6.2 million write-down and later filed its annual report on Form 10-K for fiscal year 2000 with materially inaccurate financial information relating to the unrecorded $1.5 million. The Commission further found that Gerber Scientific violated reporting, record-keeping, and internal controls provisions of the federal securities laws as a result of its conduct related to the failure to record the $1.5 million as well as its improper establishment and use of certain reserves. Without admitting or denying the Commission's findings, Gerber Scientific consented to the issuance of the Order, which orders Gerber Scientific to cease and desist from committing or causing violations of, and committing or causing any future violations of, Sections 10(b), 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 10b-5, 12b-20, 13a-1, and 13a-13. (Rel. 34-49541; AAE Rel. 1987; File No. 3-11455) PUTNAM AGREES TO PAY $55 MILLION TO RESOLVE SEC ENFORCEMENT ACTION RELATED TO MARKET TIMING BY PORTFOLIO MANAGERS All $55 Million, Which Consists of a $50 Million Penalty and $5 Million in Disgorgement, Will be Returned to Investors The Commission today announced the final settlement of an enforcement action against Putnam Investment Management LLC (Putnam), pursuant to which the Commission ordered Putnam to pay a $50 million civil penalty and $5 million in disgorgement for violating federal securities laws by failing to disclose improper market timing trading by Putnam portfolio managers. All of the money obtained by the Commission will be distributed to investors harmed by the market timing trading. Today's Order supplements a Commission order entered on Nov. 13, 2003, (November 13 Order), pursuant to which Putnam agreed to undertake significant and far-reaching corporate governance, compliance, and ethics reforms. In the November 13 Order, the Commission found that, beginning as early as 1998, at least six Putnam investment management professionals engaged in excessive short-term trading of Putnam mutual funds in their personal accounts. Four of those employees engaged in such trading in funds over which they had investment decision-making responsibility. The November 13 Order further found that although Putnam became aware in 2000 that several investment management employees were engaging in potentially self-dealing short-term trading of mutual fund shares, Putnam failed to disclose this potentially self-dealing securities trading to the boards of the mutual funds it managed and the funds' shareholders. The November 13 Order censured Putnam and ordered it to cease and desist from violations of the antifraud provisions of the Investment Advisers Act of 1940 and other provisions of the federal securities laws. The November 13 Order left open the amount of civil penalty and other monetary relief Putnam would be required to pay. The Commission's order calls for the appointment of an Independent Distribution Consultant who is charged with developing a plan for distributing the $55 million in disgorgement and penalties to harmed investors. The $55 million will be distributed to investors in order of priority: first, as compensation to investors for losses attributable to excessive short-term trading and market timing trading activity by Putnam employees and, second, as compensation for advisory fees paid by mutual fund clients who suffered such losses. The Commission's previously filed civil injunctive action charging two Putnam employees, portfolio managers Justin M. Scott and Omid Kamshad, with securities fraud for engaging in excessive short-term trading of Putnam funds in their personal accounts, is pending. The Securities Division for the Commonwealth of Massachusetts is today announcing that it has settled related charges against Putnam calling for the payment of an additional $55 million. The Commission's investigation is continuing. (Rel. IA-2226; IC-26412; File No. 3-11317; Press Rel. 2004-49) ADMINISTRATIVE PROCEEDING AGAINST PAUL MASON An Administrative Law Judge has issued an Order Making Findings and Imposing Remedial Sanction By Default (Default Order) against Paul Wayne Mason (Mason) (a/k/a Louis Ronnie Sarpy). The Order Instituting Proceedings alleged that on Aug. 4, 2003, a judgment by default was entered against Mason in the U.S. District Court for the Central District of California, permanently enjoining him from violating Sections 5 and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. The Default Order finds these allegations to be true and bars Mason from association with any broker or dealer. (Rel. 34-49543; File No. 3- 11361) COMMISSION SUSTAINS NASD DISCIPLINARY ACTION AGAINST ANTHONY "ANDY" BARKATE The Commission has sustained NASD disciplinary action against Anthony H. "Andy" Barkate, a former general securities principal with Securities Service Network, Inc., an NASD member firm, and former president and general securities principal of California Financial Network, Inc., a former NASD member firm. NASD found that Barkate engaged in private securities transactions in violation of NASD Conduct Rules 3040 and 2110. During a nine month period, Barkate sold $6.8 million worth of securities to almost 100 investors from the general public, many of whom were customers of his then employer, Securities Service Network, Inc., without giving prior written notice of such transactions to his employer, and without receiving his employer's prior written approval to engage in those transactions. Barkate earned over $400,000 in selling compensation for his private securities transactions, which resulted in substantial losses to his customers. The NASD barred Barkate from associating with any member firm in any capacity. Barkate sought to mitigate the bar against him. The Commission found, however, that in barring Barkate, NASD appropriately considered a number of aggravating factors in addition to its sanction guidelines. The Commission determined that Barkate's conduct was egregious and warranted a bar. The Commission concluded that the sanction imposed by NASD was neither excessive nor oppressive, in light of the magnitude and severity of Barkate's misconduct. (Rel. 34-49542; File No. 3-11250) SEC CHARGES TIMOTHY HEYMAN AND HEYMAN INTERNATIONAL, INC. FOR ENGAGING IN AN ONGOING PONZI SCHEME THAT RAISED OVER $10 MILLION FROM INVESTORS IN NEARLY A DOZEN STATES STATE OF ALABAMA SECURITIES COMMISSION ISSUES SUMULTANEOUS CEASE AND DESIST ORDERS AGAINST HEYMAN, HEYMAN INTERNATIONAL, INC. AND OTHER PARTIES FOR THEIR INVOLVEMENT IN SCHEME On April 5, the Commission filed a complaint in the U.S. District Court for the Northern District of Alabama to halt an ongoing $10 million Ponzi scheme perpetrated by Timothy R. Heyman (Heyman) and Heyman International, Inc. (Heyman International). The Court entered temporary restraining orders to restrain and enjoin Heyman and Heyman International from violations of the federal securities laws and entered orders to freeze the assets of Heyman, Heyman International and Heyman International investor funds wherever located, among other emergency relief. The Commission's complaint alleges that from at least June 2001 to the present, Heyman raised at least $10 million from approximately 150 investors through the unregistered offer and sale of securities issued by Heyman International in the form of "Depository Agreements." Heyman represents to investors in the Depository Agreements that as a result of investments that he makes, investors will earn a minimum of 10% per month on their fully refundable principal investment. The Commission's complaint alleges that, in reality, Heyman is operating a Ponzi scheme by using investor funds to pay previous investors their monthly returns and to pay his personal expenses. The Commission's complaint alleges that Heyman has used at least $1.3 million of investor funds to pay personal expenses, including several luxury cars and lavish trips. The complaint also alleges that Heyman invested at most a de minimus amount of investor funds and that Heyman International does not have sufficient funds in its bank accounts to repay investors as represented in the Depository Agreement. The complaint seeks orders of preliminary and permanent injunctions enjoining Heyman and Heyman International from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission's complaint also seeks against the Defendants disgorgement plus prejudgment interest and civil penalties. The Court ordered the parties to appear for a Show Cause Hearing on April 15 in the U.S. District Court for the Northern District of Alabama on the Commission's Motion for a Preliminary Injunction. The Commission acknowledges the assistance and cooperation of the Federal Bureau of Investigation, the Internal Revenue Service and the State of Alabama Securities Commission. The Alabama Securities Commission has simultaneously issued a Cease and Desist Order against Heyman and Heyman International. The Cease and Desist Order also names Donald E. Watts, Betty Watts and Omni Fasteners Components Corp., all of Pell City, Alabama, alleging the unregistered sale of securities and that they acted as unlicensed broker-dealers and agents in violation of the Alabama Securities Act. All of the agencies' investigations are continuing. [SEC v. Timothy R. Heyman and Heyman International, Inc., Case No. CV-04-CO-0686-S, USDC, NDAL] (LR-18659) ROGER HOUSEHOLDER, RESIDENT OF PARK RIDGE, ILLINOIS, INDICTED ON THREE COUNTS OF MAIL FRAUD FOR DEFRAUDING HIS ADVISORY CLIENTS On March 10, 2004, the U.S. Attorney for the Northern District of Illinois filed criminal charges against former investment adviser Roger A. Householder, a resident of Park Ridge, Illinois. The indictment charged Householder with three counts of mail fraud (18 U.S.C. 1341 and 1346) for defrauding his investment advisory clients. According to the indictment, Householder devised and conducted a scheme to defraud his advisory clients by making false and fraudulent representations and material omissions to them concerning, among other things, his use of the funds they invested with him, the risks involved in the investments he proposed, and the expected return on these investments. According to the indictment, Householder then converted advisory client funds to his own benefit, resulting in losses to his clients of approximately $1.5 million. In June 2002, the Commission filed a civil complaint against Householder and four related entities in connection with the conduct alleged in the indictment. In its complaint, filed in U.S. District Court for the Northern District of Illinois, the Commission alleged that Householder and the other defendants violated the antifraud provisions of the federal securities laws and requested, among other relief, that the Court enter an order enjoining the defendants from further violations of the federal securities laws, disgorgement of misappropriated funds and appropriate civil penalties. [U.S. v. Roger A. Householder, USDC, ND Ill., Case No. 04-CR-282] (LR-18660) COURT ORDERS ATTORNEY TO SURRENDER FUNDS OBTAINED FROM DEFENDANTS IN FRAUD SCHEME U.S. District Judge Anthony Ishii ordered a Fresno, California attorney to return money advanced by two clients engaged in a fraudulent investment scheme. On March 30, 2004, the Court ordered Mario DiSalvo to pay $90,746.50 to the Clerk of the Court for eventual distribution to defrauded investors. The Court found that DiSalvo accepted $130,000 from Edward Gray and Metropolis Holdings, LLC during the course of an investment fraud. The Court rejected DiSalvo's claim that he earned all of the money as a "retainer" immediately upon receipt. After analyzing the work performed by DiSalvo, the Court concluded that DiSalvo had earned only a portion of the money by providing legal services. The Court held that DiSalvo was obliged to return the unearned fees to the Court, which has frozen the assets of Gray and Metropolis Holdings. [SEC v. Metropolis Holdings, LLC and Edward Gray, USDC, EDCA, Civil Action No. F 03-5538 AWI] (LR-18661) FINAL JUDGMENT OF PERMANENT INJUNCTION ENTERED AGAINST CDH & AFFILIATES, INC. AND C. DAVID HALLMAN The Commission announced that on April 1 the Honorable Jack T. Camp, U.S. District Judge for the Northern District of Georgia entered a Final Judgment Of Permanent Injunction against CDH & Affiliates, Inc. and C. David Hallman. The Final Judgment orders CDH and Hallman, jointly and severally, to pay disgorgement in the amount of $3,128,000 plus prejudgment interest of $1,079,616.95 for a total of $4,207,616.95. The Court also ordered that CDH and Hallman, each, pay a civil penalty of $110,000. On Oct. 23, 2003, the Court granted the Commission's motion for summary judgment against Hallman and CDH and permanently enjoined CDH & Affiliates, Inc. and C. David Hallman from future violations of Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Court found that Hallman made numerous misrepresentations to CDH's customers, including false claims that he had sold bonds for some issuers, that bond sales were imminent and that the high yield investment programs he described to investors would generate large returns when, in fact, those programs did not exist. The Court also found that Hallman and CDH operated as unregistered brokers while selling this investment scheme to CDH's customers. [SEC v. CDH & Affiliates, Inc. and C. David Hallman, Civil Action Number 3:02-CV-017- JTC, NDGA] (LR-18662) SEC OBTAINS PRELIMINARY INJUNCTION, ASSET FREEZE, AND A RECEIVER IN $29.5 MILLION SECURITIES FRAUD IN ORANGE COUNTY, CALIFORNIA The Commission obtained a preliminary injunction on April 5 in a case alleging a multi-million dollar securities fraud perpetrated by Colin Nathanson, 54, of Coto De Caza, California, and nine of his businesses, eight of which are based in Orange County, California: Nathanson Investment Trust, Giant Golf Company, Play Big Enterprises, Inc., Starquest Management, Inc., Whitehawk Consulting Group, Inc., Leafhead Consultants, Inc., NetTel Consulting Corp., Yrmac Consulting Services, Inc., and Millennium Technical Group, Inc. The Honorable Gary L. Taylor, United States District Judge for the Central District of California, also granted additional relief that the Commission sought, including issuing orders freezing assets and appointing a permanent receiver over the entity defendants and any other entities directly or indirectly controlled by Nathanson. The Commission's complaint, filed on March 25, 2004, in federal court in Orange County, alleges that since 2001, Nathanson and his companies raised $29.5 million from over 1800 investors nationwide through four fraudulent investment schemes. At the time the Commission filed its complaint, Nathanson was continuing to raise funds from investors in at least two of his schemes. The first of Nathanson's schemes involved selling securities in a golf equipment company he controls, Giant Golf Co., which purportedly was preparing to conduct an IPO. The second scheme was a Ponzi scheme involving several funds that would purportedly purchase air time to air Giant Golf's infomercials. In the third scheme, according to the complaint, Nathanson sold investment interests through the Nathanson Investment Trust in a purported unnamed software company that he claimed would soon be bought-out by a larger, unnamed, company. Finally, the complaint alleges that Nathanson sold securities in a company known as Millennium Technical Group that Nathanson said would exploit certain FCC licenses purchased in 1994. The Commission alleges that in these four schemes, the defendants lied to investors regarding how they would use the investor funds. The complaint alleges that without the investors' knowledge or consent, Nathanson commingled the investors' monies, and used the commingled funds to operate both the unprofitable defendant businesses and his other various unprofitable businesses. Additionally, the Commission's complaint alleges that since February 2001, Nathanson used at least $1 million of investor funds to support his extravagant lifestyle, including three homes and payment of $346,500 in gambling-related debts. Finally, the Commission alleges that, in Ponzi-like fashion, Nathanson caused over $5 million of the $29.5 million raised to be paid to certain investors either as purported "returns" on their investments when, in fact, their investments were not profitable, or as purported returns of their principal. The Court's order obtained by stipulation (1) freezes the assets of Nathanson, Nathanson Investment Trust, Giant Golf, Play Big, Starquest, Whitehawk, Leafhead, NetTel, Yrmac, Millennium, and other Nathanson companies; (2) prohibits destruction of documents; (3) appoints a permanent receiver over any entity directly or indirectly controlled by Nathanson; (4) requires accountings; and (5) preliminarily enjoins all of the defendants from future violations of the securities registration and antifraud provisions of the federal securities laws, Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission also seeks permanent injunctions, and other relief, including disgorgement and civil penalties against all defendants. The Commission previously obtained a temporary restraining order against all defendants (See Litigation Release No. 18642). Investors may direct their inquiries to the temporary receiver, Thomas Seaman, at (949) 222-0551, extension 5. [SEC v. Colin Nathanson, Individually and Doing Business as Nathanson Investment Trust, Giant Golf Company, Play Big Enterprises, Inc., Starquest Management, Inc., Whitehawk Consulting Group, Inc., Leafhead Consultants, Inc., NetTel Consulting Corp., Yrmac Consulting Services, Inc., and Millennium Technical Group, Inc., Civil Action No. SA CV 04-0351 GLT (RZX) CDCA] (LR-18663) COURT ORDERS ATTORNEY TO SURRENDER FUNDS OBTAINED FROM DEFENDANTS IN FRAUD SCHEME U.S. District Judge Anthony Ishii entered judgments against a Fresno, California company and its manager for operating a fraudulent investment scheme. On March 30, 2004, the Court ordered Metropolis Holdings, LLC and Edward Gray to disgorge $3,320,000. The Court also enjoined Metropolis Holdings and Gray from future activities that violated the prohibitions on fraud in the federal securities laws. On May 1, 2003, the Commission filed a complaint against Gray and Metropolis alleging that the defendants raised $5.1 million by selling interests in a non-existent "Asset Management Program" from July to November 2002. The Commission alleged that Gray lured investors by offering high returns on their investment and promising that investors' funds would be protected by insurance. According to the complaint, Gray dissipated approximately $2 million on personal items, including a new car and jewelry, and on expenditures for unrelated business projects. In August 2003, Gray pleaded guilty to federal charges of wire fraud and mail fraud in connection with the same fraudulent scheme. He was later sentenced to 54 months incarceration. [SEC v. Metropolis Holdings, LLC and Edward Gray, USDC, EDCA, Civil Action No. F 03-5538 AWI] (LR-18664) SEC FILES CHARGES AGAINST IRA ZAR, DAVID KAPLAN AND DAVID RIVARD, FORMER FINANCIAL EXECUTIVES AT COMPUTER ASSOCIATES INTERNATIONAL, INC. The Commission today filed three related actions against Ira Zar, the former Chief Financial Officer at Computer Associates International, Inc., (CA), and David Rivard and David Kaplan, former vice presidents of finance at CA, for committing accounting fraud while at CA. The Commission's complaints, filed in the U.S. District Court for the Eastern District of New York, allege that Zar, Rivard, and Kaplan participated in a widespread practice that resulted in the improper recognition of revenue by CA, one of the world's largest software companies. During at least CA's fiscal year 2000, which ran from April 1, 1999, through March 31, 2000, (FY2000), CA prematurely recognized revenue from software contracts that had not yet been consummated, in violation of Generally Accepted Accounting Principles (GAAP). The Commission's complaints allege that, based on this conduct, Zar, Rivard and Kaplan violated Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 (Exchange Act), and Rules 10b-5, 13b2-1 and 13b2-2 thereunder. The Complaints further allege that Zar, Rivard and Kaplan are also liable for aiding and abetting CA's violations of Sections 10(b), 13(a) and 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act, and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder. Without admitting or denying the allegations of the Complaints, Zar, Rivard and Kaplan each consented to a permanent injunction and officer and director bar, as described more fully below. Specifically, the Commission's complaints allege as follows: * Through the conduct of certain members of CA management, including Zar, Rivard and Kaplan, CA engaged in a practice in which CA held its books open after the end of each quarter and improperly recorded, in that elapsed quarter, revenue from contracts that had not been finalized and executed before the expiration of the quarter (Extended Quarters practice). CA personnel sometimes concealed the Extended Quarters practice by using licensing contracts that falsely bore preprinted signature dates for the last day of the quarter that had just expired, rather than the subsequent dates on which the contracts actually were executed. * As a result of this improper practice, CA made material misrepresentations and omissions about its revenue and earnings in Commission filings and other public statements for at least FY2000. For the First, Second, Third and Fourth Quarters of FY2000, respectively, at least 18%, 33%, 26% and 7% of CA's reported quarterly revenues pertained to contracts not executed by CA or the company's clients by the quarter's end. For all quarters of FY2000 combined, CA prematurely recognized over $1.4 billion in revenue from at least 116 contracts that the client or CA signed after the quarter close. * CA's FY2000 reported revenues and earnings per share appeared to meet or exceed the consensus estimates of Wall Street analysts, but CA failed to disclose that those reported results improperly included prematurely recognized revenue and did not comply with GAAP. When CA refrained from recognizing revenue prematurely during the First Quarter of FY2001, the company missed its earnings estimate and CA's stock price dropped over 43% in a single day. The Commission further alleges that, among other things: * Zar, as CFO, helped orchestrate CA's improper revenue recognition in FY2000 by directing the improper extensions of fiscal quarters, and by signing and overseeing the preparation of CA's Forms 10-Q and 10-K while aware that those filings reported revenue improperly under GAAP. Zar also backdated his own signature on a large customer contract and authorized the backdating of other contracts. * Rivard, as head of Sales Accounting, allowed CA to record revenue from contracts in prior quarters while aware that the contracts were executed later, knew that CA customers were backdating signatures on contracts, and actually backdated his own signature on some contracts. * Kaplan, as a Divisional Vice President and the head of Financial Reporting, oversaw the preparation of CA's financial statements for inclusion in its Forms 10-Q and 10-K while aware that those statements included revenue from backdated contracts in violation of GAAP. * Zar, Rivard and Kaplan also each misled CA's outside auditors regarding the existence of CA's Extended Quarters practice. In its lawsuits, the Commission seeks judgments: (a) permanently enjoining Zar, Rivard and Kaplan from violating, and aiding and abetting violations of, the securities laws; (b) requiring Zar, Rivard and Kaplan to disgorge their ill-gotten gains together with prejudgment interest; (c) imposing civil money penalties; and (d) barring Zar, Rivard and Kaplan from acting as officers or directors of any publicly held company. Concurrently with the filing of the Commission's complaint, Zar, Rivard and Kaplan, without admitting or denying the allegations of the complaint, each consented to entry of a permanent injunction prohibiting them from violating Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1, and 13b2-2 thereunder, and from aiding and abetting any violations of Sections 10(b), 13(a), 13(b)(2) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1 and 13a-13. They each also consented to a permanent bar from serving as an officer or director of a publicly held company. Litigation against Zar, Rivard, and Kaplan with respect to the Commission's claims of disgorgement and penalties is continuing. The Commission acknowledges the assistance of the U.S. Attorney's Office for the Eastern District of New York and the Federal Bureau of Investigation in this matter. The Commission's investigation is continuing. [SEC v. Ira Zar, 04 Civ. 1463, EDNY (Glasser, I.L.)]; [SEC v. David Rivard, 04 Civ. 1464, EDNY (Glasser, I.L.)]; [SEC v. David Kaplan, 04 Civ. 1465, EDNY (Glasser, I.L.)] (LR-18665; AAE Rel. 1988) SELF-REGULATORY ORGANIZATIONS IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-NYSE-2004-17) filed by the New York Stock Exchange relating to the listing of Income Deposit Securities (Sections 102.01C, 202.05 and 802.01B of the Listed Company Manual) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the notice in the Federal Register is expected during the week of April 5. (Rel. 34-49515) A proposed rule change (SR-NASD-2004-060) filed by the National Association of Securities Dealers, through its subsidiary, The Nasdaq Stock Market, Inc., regarding the Nasdaq Closing Cross, 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 April 12. (Rel. 34-49534) APPROVAL OF PROPOSED RULE CHANGES The Commission granted approval to a proposed rule change (SR-Phlx-2003- 71) filed by the Philadelphia Stock Exchange relating to participation guarantees for floor brokers representing crossing and facilitation orders in index options. Publication of the order is expected in the Federal Register during the week of April 5. (Rel. 34-49523) The Commission approved a proposed rule change (SR-Amex-2003-105) submitted by the American Stock Exchange to amend Amex Rule 958A, which relates to the application of the Quote Rule. Publication of the order is expected in the Federal Register during the week of April 12. (Rel. 34-49531) The Commission approved a proposed rule change (SR-NASD-2004-018) and Amendment No. 1 thereto submitted by the National Association of Securities Dealers, through its subsidiary, the Nasdaq Stock Market, Inc., to amend the procedures for review of Nasdaq listing determinations. (Rel. 34-49535) The Commission approved rule changes proposed by the National Association of Securities Dealers (SR-NASD-2002-108) and the New York Stock Exchange (SR-NYSE-2002-35) relating to business continuity planning. The Commission also is approving amendments to the NASD proposal. (Rel. 34-49537) PROPOSED RULE CHANGE The Chicago Stock Exchange filed a proposed rule change (SR-CHX-2004-04) that would revise its Article VI, Rule 5 to correct a reference to the form used for the registration of new branch offices. Publication of the proposal is expected in the Federal Register during the week of April 12. (Rel. 34-49529) ACCELERATED APPROVAL OF PROPOSED RULE CHANGE A proposed rule change and Amendment Nos. 1 and 2 thereto filed by the Pacific Exchange relating to the listing and trading of index-linked exchangeable notes (SR-PCX-2004-01) has been given accelerated approval under Section 19(b)(2) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of April 12. (Rel. 34-49532) APPROVAL OF AMENDMENT TO OPTIONS DISCLOSURE DOCUMENT The Commission approved a proposed amendment to the Options Disclosure Document submitted by the Options Clearing Corporation to amend the front inside cover page to add the Boston Stock Exchange (SR-ODD-2004- 02). Publication of the proposal is expected in the Federal Register during the week of April 12. (Rel. 34-49533) WITHDRAWAL SOUGHT A notice has been issued giving interested persons until April 30 to comment on the application Essex Corporation to withdraw its common stock, no par value, from listing and registration on the American Stock Exchange. (Rel. 34-49538) WITHDRAWALS GRANTED An order has been issued granting the application Drew Industries Incorporated to withdraw its common stock, $.01 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on April 8. (Rel. 34-49539) An order has been issued granting the application of SCBT Financial Corporation to withdraw its common stock, $2.50 par value, from listing and registration on the American Stock Exchange, effective at the opening of business on April 8. (Rel. 34-49540) 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 HEWLETT PACKARD CO, 3000 HANOVER ST, PALO ALTO, CA, 94304, 4158571501 - 180,000,000 ($4,132,800,000.00) Equity, (File 333-114253 - Apr. 7) (BR. 03) S-8 HEWLETT PACKARD CO, 3000 HANOVER ST, PALO ALTO, CA, 94304, 4158571501 - 148,816 ($104,171.20) Equity, (File 333-114254 - Apr. 7) (BR. 03) S-8 HEWLETT PACKARD CO, 3000 HANOVER ST, PALO ALTO, CA, 94304, 4158571501 - 1,293,303 ($17,930,378.85) Equity, (File 333-114255 - Apr. 7) (BR. 03) S-3 MAGNUM HUNTER RESOURCES INC, 600 E LAS COLINAS BLVD, STE 1200, IRVING, TX, 75039, 9724010752 - 0 ($104,703,550.00) Equity, (File 333-114256 - Apr. 7) (BR. 04) S-3 SWIFT TRANSPORTATION CO INC, 2200 SOUTH 75TH AVENUE, PHOENIX, AZ, 85043, 6022699700 - 942,155 ($16,629,035.75) Equity, (File 333-114257 - Apr. 7) (BR. 05) S-3 MINES MANAGEMENT INC, 905 W RIVERSIDE AVENUE, SUITE 311, SPOKANE, WA, 99201, 5098386050 - 1,796,000 ($13,213,750.00) Equity, (File 333-114258 - Apr. 7) (BR. 04) S-4 RPM INTERNATIONAL INC/DE/, 2628 PEARL RD, P O BOX 777, MEDINA, OH, 44258, 3302735090 - 200,000,000 ($200,000,000.00) Non-Convertible Debt, (File 333-114259 - Apr. 7) (BR. 02) F-3 VOCALTEC COMMUNICATIONS LTD, 2 MASKIT ST, HERZLIYA 46733, L3, 01197299707845 - 3,600,000 ($15,564,000.00) Equity, (File 333-114260 - Apr. 7) (BR. 37) F-10 NORTH AMERICAN PALLADIUM LTD, NORTH AMERICAN PALLADIUM STD, 130 ADELAIDE STREET W SUITE 2116, TORONTO ONTARIO CANA, A6, M5H3P5, 4163602655 - 0 ($76,030,000.00) Equity, (File 333-114261 - Apr. 7) (BR. 04) S-8 STRATOS INTERNATIONAL INC, 7444 WEST WILSON AVENUE, CHICAGO, IL, 60656, 7088679600 - 0 ($8,302,200.00) Equity, (File 333-114262 - Apr. 7) (BR. 36) SB-2 FORCE PROTECTION INC, 2031 AVENUE B, BUILDING 44, NORTH CHARLESTON, SC, 29405, 8437407015 - 65,000,000 ($17,875,000.00) Equity, (File 333-114263 - Apr. 7) (BR. 05) S-3 CPI AEROSTRUCTURES INC, 200A EXECUTIVE DR, EDGEWOOD, NY, 11717, 5165865200 - 0 ($2,202,200.00) Equity, (File 333-114265 - Apr. 7) (BR. 05) S-3 LARGE SCALE BIOLOGY CORP, 3333 VACA VALLEY PKWY, STE 1000, VACAVILLE, CA, 95688, 0 ($11,627,540.00) Equity, (File 333-114266 - Apr. 7) (BR. 01) S-8 APOLO GOLD INC, 1458-409 GRANVILLE STREET, VANCOUVER BC CANADA, A1, V6C 1T2, 6046874150 - 5,000,000 ($1,500,000.00) Equity, (File 333-114267 - Apr. 7) (BR. 09) S-3 COMTECH TELECOMMUNICATIONS CORP /DE/, 105 BAYLIS RD, MELVILLE, NY, 11747, 6317778900 - 105,000,000 ($105,000,000.00) Debt Convertible into Equity, (File 333-114268 - Apr. 7) (BR. 37) S-8 ACCESS PHARMACEUTICALS INC, 2600 N STEMMONS FRWY, STE 176, DALLAS, TX, 75207, 2149055100 - 1,000,000 ($6,460,000.00) Equity, (File 333-114269 - Apr. 7) (BR. 01) S-3 COUNTRYWIDE FINANCIAL CORP, 4500 PARK GRANADA BLVD, CALABASAS, CA, 91302, 8182253000 - 15,000,000,000 ($15,000,000,000.00) Unallocated (Universal) Shelf, (File 333-114270 - Apr. 7) (BR. 07) S-8 ULTRALIFE BATTERIES INC, 2000 TECHNOLOGY PARKWAY, NEWARK, NY, 14513, 3153327100 - 500,000 ($11,320,000.00) Equity, (File 333-114271 - Apr. 7) (BR. 36) S-3 NOVELL INC, 1800 SOUTH NOVELL PLACE, PROVO, UT, 84606, 8018617000 - 8,000,000 ($91,860,000.00) Equity, (File 333-114272 - Apr. 7) (BR. 03) S-8 MICRON ENVIRO SYSTEMS INC, 789 WEST PENDER ST, SUITE 1250, VANCOUVER BC, A1, V6C 1H2, 6046466903 - 3,000,000 ($90,000.00) Equity, (File 333-114273 - Apr. 7) (BR. 04) S-3 AMEREN CORP, 1901 CHOUTEAU AVE, MC 1370, ST LOUIS, MO, 63166-6149, 431723446 - 0 ($2,000,000,000.00) Unallocated (Universal) Shelf, (File 333-114274 - Apr. 7) (BR. 02) S-8 ANCHOR GLASS CONTAINER CORP /NEW, 1 ANCHOR PLAZA, 4343 ANCHOR PLAZA PARKWAY, TAMPA, FL, 33634-7513, 8138840000 - 1,500,000 ($23,070,000.00) Equity, (File 333-114275 - Apr. 7) (BR. 06) S-8 AGRIUM INC, 13131 LAKE FRASER DRIVE S.E., CALGARY, A0, T2J7E8, 403 225-7000 - 10,242,285 ($131,056,801.38) Equity, (File 333-114276 - Apr. 7) (BR. 02) S-3 WORLD AIRWAYS INC /DE/, THE HLH BUILDING, 101 WORLD DRIVE, PEACHTREE CITY, GA, 30269, 7706328000 - 2,378,223 ($8,252,433.81) Equity, (File 333-114277 - Apr. 7) (BR. 05) S-1 UAP HOLDING CORP, C/O UNITED AGRI PRODUCTS INC, 7251 W 4TH STREET, GREELEY, CO, 80634, 9703554400 - 0 ($625,000,000.00) Other, (File 333-114278 - Apr. 7) (BR. 02) S-8 SIMPLETECH INC, 3001 DAIMLER ST, SANTA ANA, CA, 92705-5812, 8003677330 - 0 ($10,700,162.00) Equity, (File 333-114279 - Apr. 7) (BR. 03) S-8 DIGITAL INSIGHT CORP, 26025 MUREAU RD, CALABASAS, CA, 91302, 8188710000 - 1,084,900 ($22,940,210.50) Equity, (File 333-114280 - Apr. 7) (BR. 08) S-3 DDI CORP, 1220 SAMON CIRCLE, AHAMEIM, CA, 92806, 7145887200 - 1,000,000 ($16,750,000.00) Equity, (File 333-114281 - Apr. 7) (BR. 36) S-1 NORTHGATE INNOVATIONS INC, 18001 SKYPARK CIRCLE, SUITE B C, IRVINE, CA, 92614, 3108217880 - 15,943,600 ($9,566,160.00) Equity, (File 333-114282 - Apr. 7) (BR. 03) S-11 ASHFORD HOSPITALITY TRUST INC, 14180 DALLAS PARKWAY 9TH FL, DALLAS, TX, 75254, 9724909600 - 0 ($86,250,000.00) Equity, (File 333-114283 - Apr. 7) (BR. 08) S-8 SEMITOOL INC, 655 WEST RESERVE DR, KALISPELL, MT, 59901, 4067522107 - 0 ($41,825,630.00) Equity, (File 333-114284 - Apr. 7) (BR. 36) S-3 HRPT PROPERTIES TRUST, 400 CENTRE ST, NEWTON, MA, 02458, 6177968350 - 0 ($2,030,776,801.00) Unallocated (Universal) Shelf, (File 333-114285 - Apr. 7) (BR. 08) N-2 EXCELSIOR BUYOUT INVESTORS LLC, 13,915 ($13,915,000.00) Equity, (File 333-114286 - Apr. 7) (BR. 16) S-4 PENN NATIONAL GAMING INC, 825 BERKSHIRE BLVD STE 200, WYOMISSING PROFESSIONAL CENTER, WYOMISSING, PA, 19610, 6103732400 - 0 ($200,000,000.00) Non-Convertible Debt, (File 333-114287 - Apr. 7) (BR. 05) N-2 NUVEEN NORTH CAROLINA DIVIDEND ADVANTAGE MUNICIPAL FUND 4, 1,000 ($15,000.00) Equity, (File 333-114288 - Apr. 7) (BR. ) SB-2 VALIDIAN CORP, 4651 ROSWELL RD, SUITE B106, ATLANTA, GA, 30342, 4042561963 - 10,579,999 ($10,156,799.04) Equity, (File 333-114289 - Apr. 7) (BR. 03) 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 ------------------------------------------------------------------------------------------------ ABX AIR INC X X 03/31/04 AEROPOSTALE INC X X 04/07/04 AEROPOSTALE INC X X 04/07/04 ALASKA AIR GROUP INC DE X 04/06/04 ALCOA INC PA X X 04/06/04 ALLIED FIRST BANCORP INC X X 04/07/04 ALLMERICA FINANCIAL CORP DE X 04/07/04 ALLSTATE CORP DE X X 04/02/04 AMERA LINK INC NV X 03/31/04 AMERIQUEST MORTGAGE SECURITIES INC DE X X 04/06/04 ANGLOTAJIK MINERALS INC NV X X 02/13/04 AMEND ARC COMMUNICATIONS INC NJ X X 12/08/03 AMEND ARDENT HEALTH SERVICES LLC DE X X 03/31/04 ARGENT SECURITIES INC X X 03/31/04 ASHLAND INC KY X X 04/07/04 ATLANTIC COAST AIRLINES HOLDINGS INC DE X 04/06/04 AVADO BRANDS INC GA X X 03/31/04 BANC OF AMERICA MORT SEC INC MORT PS DE X X 03/26/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/26/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/26/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BANC OF AMERICA MORT SEC INC MORT PAS DE X X 03/26/04 BANC OF AMERICA MORT SEC INC MORT PS NY X X 03/25/04 BANC OF AMERICA MORTGAGE PASS-THROUGH DE X X 03/26/04 BANC OF AMERICA MORTGAGE SEC INC MRT DE X X 03/25/04 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 04/07/04 BANC OF AMERICA MORTGAGE SECURITIES I DE X X 03/26/04 BANC OF AMERICA MORTGAGE SECURITIES P DE X X 03/25/04 BANC OF AMERICA MORTGAGE SECURITIES S DE X X 03/26/04 BANC OF AMERICA MTG SEC INC MORT PASS DE X X 02/26/04 BANK OF AMERICA MORT SEC INC MORT PAS DE X X 03/26/04 BANK OF AMERICA MORT SEC INC MORT PAS DE X X 03/25/04 BARRA INC /CA DE X 04/05/04 BELLSOUTH CORP GA X 04/07/04 BERNARD ALLAN & EDWARDS INC FL X 04/02/04 BIOPURE CORP DE X X 04/07/04 BIOSITE INC DE X 04/07/04 BORGWARNER INC DE X 04/07/04 BOYDS COLLECTION LTD X X 04/07/04 BROOKFIELD HOMES CORP DE X X 04/05/04 BURKE MILLS INC NC X 01/03/04 AMEND CADMUS COMMUNICATIONS CORP/NEW VA X X 04/02/04 CAPITAL AUTOMOTIVE REIT MD X 03/26/04 CAPITAL BANCORP INC TN X X X X 04/07/04 CAREDECISION CORP NV X 04/07/04 CCA INDUSTRIES INC DE X 04/07/04 CELLSTAR CORP DE X X 04/05/04 CENTRA SOFTWARE INC DE X X 04/02/04 CENTURION GOLD HOLDINGS INC FL X 04/07/04 CEVA INC DE X X 04/05/04 CHESAPEAKE ENERGY CORP OK X 04/05/04 CHRISTOPHER & BANKS CORP DE X X 04/06/04 CKE RESTAURANTS INC DE X 04/07/04 CNL HOSPITALITY PROPERTIES INC MD X X 04/02/04 COLLEGIATE PACIFIC INC DE X 04/07/04 COLMENA CORP DE X X 03/17/04 CONSTELLATION BRANDS INC DE X X X 04/07/04 CORVIS CORP DE X 06/13/03 AMEND CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 04/07/04 DARLING INTERNATIONAL INC DE X X 04/05/04 DAVE & BUSTERS INC MO X X X 04/07/04 DDI CORP CA X X 03/30/04 DIGITAL VIDEO SYSTEMS INC DE X X 04/01/04 DOMINION HOMES INC OH X X X 04/07/04 ECOLOGICAL SERVICES INC DE X X X X 12/01/03 EDISON MISSION ENERGY CA X 03/31/04 ELOYALTY CORP DE X X 04/06/04 ENDO PHARMACEUTICALS HOLDINGS INC DE X X 04/07/04 ENERGY PRODUCERS INC NV X 04/05/04 ENHERENT CORP DE X X 04/01/04 ENTECH ENVIRONMENTAL TECHNOLOGIES INC X 01/21/04 AMEND EPRESENCE INC MA X 04/05/04 EZ EM INC DE X X 04/07/04 FIFTH THIRD BANCORP OH X 04/07/04 FINANCIAL ASSET SEC CORP ASSET-BACKED DE X X 03/12/04 FIRST CHARTER CORP /NC/ NC X 04/07/04 FLORIDA COMMUNITY BANKS INC FL X 04/07/04 GENENTECH INC DE X X 04/07/04 GEORESOURCES INC CO X 04/05/04 GLIMCHER REALTY TRUST MD X X 04/02/04 GLOBAL CROSSING LTD X 04/01/04 AMEND GMX RESOURCES INC OK X X X 04/05/04 GRAINGER W W INC IL X X 04/06/04 GREY WOLF INC TX X X 04/07/04 GROUP 1 AUTOMOTIVE INC DE X 04/07/04 GS MORTGAGE SECURITIES CORP DE X X 04/05/04 GS MORTGAGE SECURITIES CORP MTG PA TH DE X X 03/25/03 GUIDANT CORP IN X X 04/06/04 HALIFAX CORP VA X X 04/07/04 HALL KINION & ASSOCIATES INC DE X X X 04/06/04 HEI INC MN X X 04/07/04 HOME SOLUTIONS OF AMERICA INC DE X X 04/06/04 HOMESTORE INC DE X X 03/31/04 HUBEI PHARMACEUTICAL GROUP LTD NV X X 04/03/04 HUTTIG BUILDING PRODUCTS INC DE X X 04/06/04 I2 TELECOM INTERNATIONAL INC WA X 04/06/04 AMEND IMMERSION CORP DE X X 04/02/04 INFOCROSSING INC DE X X 04/02/04 INTER PARFUMS INC DE X 04/07/04 INTERVOICE INC TX X 04/06/04 IPIX CORP DE X X 04/04/04 IR BIOSCIENCES HOLDINGS INC DE X X 04/06/04 ITRON INC /WA/ WA X X 04/07/04 IXYS CORP /DE/ DE X X 04/07/04 JUNO LIGHTING INC DE X X 04/07/04 KANSAS CITY SOUTHERN DE X 04/04/04 KANSAS CITY SOUTHERN DE X X 04/06/04 KERR MCGEE CORP /DE DE X X 04/07/04 KERR MCGEE CORP /DE DE X X 04/07/04 KERR MCGEE CORP /DE DE X X 04/07/04 KEY ENERGY SERVICES INC MD X X 04/05/04 LABRANCHE & CO INC DE X X 04/06/04 LAKES ENTERTAINMENT INC MN X X 04/07/04 LATTICE SEMICONDUCTOR CORP DE X 04/07/04 LEXINGTON RESOURCES INC NV X 03/28/04 LOCKHEED MARTIN CORP MD X X 04/07/04 LORAL SPACE & COMMUNICATIONS LTD D0 X 04/05/04 MATRITECH INC/DE/ DE X X 04/07/04 MAXUS TECHNOLOGY CORP DE X 03/22/04 MBNA AMERICA BANK NATIONAL ASSOCIATIO DE X X 04/05/04 MCKENZIE BAY INTERNATIONAL LTD X 04/07/04 MERITAGE CORP MD X X X 04/06/04 MERRILL LYNCH DEPOSITOR INC PREFERRED DE X X 04/01/04 MERRILL LYNCH DEPOSITOR INC PREFERRED DE X X 04/01/04 MERRILL LYNCH MRT INV INC MRT LN AST DE X X 03/25/04 METRO-GOLDWYN-MAYER INC DE X X 04/06/04 METRON TECHNOLOGY N V X X 04/07/04 MILACRON INC DE X X 04/07/04 MISSION ENERGY HOLDING CO DE X 03/31/04 MISSISSIPPI POWER CO MS X X 03/03/04 ML MEDIA PARTNERS LP NY X X 04/07/04 MORGAN STANLEY ABS CAPITAL I INC DE X X 04/05/04 MS STRUCTURED SATURNS SERIES 2001-2 DE X 04/01/04 NEMATRON CORP MI X X 04/01/04 NEW CENTURY FINANCIAL CORP DE X X 02/12/04 NTL INC DE X 04/07/04 OAKWOOD HOMES CORP NC X X 03/31/04 OHIO CASUALTY CORP OH X 04/07/04 ON SEMICONDUCTOR CORP DE X X 04/06/04 OPTIMAL ROBOTICS CORP X 04/06/04 OPTION ONE MORTGAGE LOAN TRUST 2004-1 DE X X 03/25/04 PACIFIC GAS & ELECTRIC CO CA X 04/07/04 PARK CITY GROUP INC DE X 04/06/04 PAXSON COMMUNICATIONS CORP DE X X 04/06/04 PG&E CORP CA X 04/07/04 PLAINS ALL AMERICAN PIPELINE LP DE X 04/02/04 PREFERREDPLUS TRUST SERIES MSD-1 DE X X 04/01/04 PREFORMED LINE PRODUCTS CO OH X X 04/01/04 PRIMUS KNOWLEDGE SOLUTIONS INC WA X 04/07/04 PRINCIPAL LIFE INSURANCE CO IA X 04/07/04 PRINCIPAL LIFE INSURANCE CO IA X 04/07/04 PRINCIPAL LIFE INSURANCE CO IA X 04/07/04 PROTECTIVE LIFE INSURANCE CO TN X 03/29/04 PROVIDENT FINANCIAL GROUP INC OH X 04/06/04 PROXIM CORP DE X X 04/07/04 QUANEX CORP DE X X 04/06/04 QUINTEK TECHNOLOGIES INC CA X X 03/15/04 AMEND RAM VENTURE HOLDINGS CORP FL X X 03/31/04 RAM VENTURE HOLDINGS CORP FL X X 03/24/04 AMEND REGIS CORP MN X X 04/07/04 RENAISSANCE MORT ACC CORP RENAISSANCE DE X 04/07/04 RICHARDSON ELECTRONICS LTD/DE DE X 04/05/04 ROTO-ROOTER INC DE X X 04/07/04 SCIENCE APPLICATIONS INTERNATIONAL CO DE X X 04/07/04 SECURITISATION ADV SERV MEDALLION TRU X 03/25/04 SELECTIVE INSURANCE GROUP INC NJ X 04/05/04 SENETEK PLC /ENG/ X X 04/06/04 SIERRA PACIFIC RESOURCES /NV/ NV X X 04/05/04 SILVERADO FINANCIAL INC NV X X 03/15/04 AMEND SINA CORP X X 03/24/04 SOLITARIO RESOURCES CORP CO X 04/05/04 SOUTHERN MISSOURI BANCORP INC DE X X 04/02/04 SOVRAN SELF STORAGE INC MD X X 03/18/04 SPIEGEL INC DE X X 01/31/04 SPIEGEL INC DE X X 02/28/04 STRATEGIC DIAGNOSTICS INC/DE/ DE X 04/07/04 STRUCTURED ASSET MORT INV MORT PASS T NY X X 03/25/04 STRUCTURED ASSET MORTGAGE INV INC MOR NY X X 03/25/04 SUNSET FINANCIAL RESOURCES INC X 03/22/04 TEREX CORP DE X X 04/07/04 TIME AMERICA INC NV X X 03/22/04 TITAN CORP DE X X 04/07/04 TITAN INTERNATIONAL INC IL X X 04/06/04 TOTAL ENTERTAINMENT RESTAURANT CORP DE X 04/06/04 TRANSMERIDIAN EXPLORATION INC DE X 04/01/04 TRANSWITCH CORP /DE DE X X 04/06/04 TRAVIS BOATS & MOTORS INC TX X 03/31/04 TRIO TECH INTERNATIONAL CA X 03/29/04 TRM CORP OR X 04/02/04 TROY GROUP INC DE X X 04/02/04 AMEND TWEETER HOME ENTERTAINMENT GROUP INC DE X X 04/06/04 UNION BANKSHARES CORP VA X X 04/06/04 UNITECH ENERGY CORP X X X X X 12/30/03 AMEND UNITEDGLOBALCOM INC DE X X 04/06/04 US AIRWAYS GROUP INC DE X X 04/07/04 US HOME SYSTEMS INC DE X X 04/07/04 VASO ACTIVE PHARMACEUTICALS INC DE X X 04/07/04 VENTAS INC DE X X 04/06/04 VERIDIUM CORP DE X X 04/07/04 VERTICALNET INC PA X X 04/06/04 VITRIA TECHNOLOGY INC DE X 04/07/04 WARWICK VALLEY TELEPHONE CO NY X X 04/07/04 WEBMD CORP /NEW/ DE X X 04/06/04 WESTPORT RESOURCES CORP /NV/ NV X X 04/07/04 WILLIAM LYON HOMES DE X X 04/05/04 WORLD AIRWAYS INC /DE/ DE X X 04/05/04 YAHOO INC DE X X 04/07/04 ZILOG INC CA X X 04/06/04 ZIX CORP TX X 04/01/04