SEC NEWS DIGEST Issue 2003-239 December 17, 2003 COMMISSION ANNOUNCEMENTS STAFF ACCOUNTING BULLETIN 104 ISSUED The Commission's Office of the Chief Accountant and the Division of Corporation Finance announced today the release of Staff Accounting Bulletin (SAB) No. 104, "Revenue Recognition." This SAB updates portions of the interpretative guidance included in Topic 13 of the codification of staff accounting bulletins in order to make this interpretive guidance consistent with current authoritative accounting guidance. The principal revisions relate to the deletion of material no longer necessary because of private sector developments in U.S. generally accepted accounting principles, and the incorporation of certain sections of the staff's "Revenue Recognition in Financial Statements -- Frequently Asked Questions and Answers" document into Topic 13. For further information, please contact Chad Kokenge or Shelly Luisi in the Office of the Chief Accountant at (202) 942-4400. SEC APPROVES NYSE GOVERNANCE STRUCTURE CHANGES; PROPOSES MUTUAL FUND DISCLOSURE RULES; SOLICITS COMMENT ON FUND TRANSACTION COST ISSUES The Commission today voted to approve changes to the governance structure of the New York Stock Exchange; to publish for comment a rule proposal that would amend mutual fund disclosure requirements regarding breakpoint discounts and front end loads; and to publish a concept release to solicit public comment on mutual fund transaction cost issues. New York Stock Exchange Corporate Governance Proposal On Nov. 7, 2003, the New York Stock Exchange filed a proposal with the Commission to amend and restate its Constitution to implement a series of governance changes (SR-NYSE-2003-34). The proposal was published for public comment in the Federal Register on Nov. 13, 2003. The Commission voted to approve the proposal. The NYSE will make a number of revisions to its governance structure, including, most significantly, the following changes: * Independent Board of Directors. The Board of Directors will be reduced from 24-27 members to between 6-12 members, plus the Chairman of the Board and CEO (if different than the Chairman). Board members (except the CEO) will be required to be independent of management, the members, and issuers. * Constituent Board of Executives. The Board of Executives will be created as an advisory board, consisting of the Chairman and the CEO (if different than the Chairman), and at least 20 but no more than 25 members who will serve for one-year terms. The members of the Board of Executives will include representatives of the Exchange's various stakeholders, including member firms, institutional investors, and listed companies. * Autonomous Regulatory Office. The position of Chief Regulatory Officer will be created to oversee the NYSE's regulatory function. The Board will appoint the Chief Regulatory Officer, who will report directly to the Regulatory Oversight & Regulatory Budget Committee. That independent Board committee will exercise control over the NYSE's regulatory plan, budget and staffing, and recommend the compensation of senior regulatory employees. * Independent Key Board Committees. Four Standing Committees, consisting only of independent directors, will be created to oversee certain critical functions. These are the Nominating & Governance Committee, the Human Resources & Compensation Committee, the Audit Committee, and the Regulatory Oversight & Regulatory Budget Committee. Enhanced Disclosure of Mutual Fund Breakpoint Discounts The Commission decided to propose amendments that would require a mutual fund to provide enhanced disclosure regarding breakpoint discounts on front-end sales loads. This enhanced disclosure would assist investors in understanding the breakpoint opportunities available to them. Some mutual funds with a front-end sales load provide discounts for larger investments. The investment levels required to obtain a reduced sales load are commonly referred to as "breakpoints." In determining whether an investor meets a "breakpoint," funds often allow the investor to use a "right of accumulation" to aggregate shares purchased at different times, in different funds within a fund family, and by family members of the investor. An examination sweep of broker-dealers initiated by the Commission, NASD, and the New York Stock Exchange late last year revealed that in 32% of the transactions that appeared to be eligible for a reduced sales charge, investors did not receive the full reduction to which they were entitled. The most frequent causes for not providing a breakpoint discount involved problems with rights of accumulation, including not linking an investor's ownership of different funds in the same mutual fund family, shares owned by the investor in different accounts, or shares owned by persons related to the investor. Following the joint examination sweep, NASD formed a Joint NASD/Industry Task Force on Breakpoints, which issued its recommendations in July of this year. As a result of the examination sweep and the Task Force report, the Commission is aggressively attacking industry failures to deliver breakpoint discounts through both enforcement investigations and regulatory initiatives. The proposals would require enhanced disclosure by mutual funds regarding breakpoints, as recommended by the Task Force. The proposals would: * require a mutual fund to provide a brief description in its prospectus of arrangements that result in sales load breakpoints, including a summary of eligibility requirements, with more detailed information permitted to be in the statement of additional information (SAI); * require a mutual fund to describe in its prospectus the methods used to value accounts in order to determine whether a shareholder has met sales load breakpoints; * require a mutual fund to state in its prospectus, if applicable, that in order to obtain a breakpoint, it may be necessary for a shareholder to provide information and records, such as account statements, to a mutual fund or financial intermediary; and * require a mutual fund to state in its prospectus whether it makes available on its website information regarding its breakpoints. Comments on the proposed rule amendments should be sent to the Commission within 45 days of their publication in the Federal Register. Investors can learn more about reduced front-end sales loads by going to http://www.sec.gov/answers/breakpt.htm and http://www.nasdr.com/alert_breakpoint.htm. Investors can access fund expense calculators at http://www.sec.gov/investor/tools/mfcc/mfcc- int.htm and http://www.nasdr.com/fundcalc/expense_analyzers.asp. Investors who believe that they have not received breakpoint discounts to which they were entitled should first contact their brokers and ask that the discount be applied. If a broker does not correct the account or provide a satisfactory explanation, the investor should write a letter to the firm's compliance department and ask for a written response. If that response is not satisfactory, the investor can file a complaint with the SEC online at http://www.sec.gov/complaint.shtml or with NASD at http://www.nasdr.com/complaints_file.asp. The examination sweep report "Joint SEC/NASD/NYSE Report of Examinations of Broker-Dealers Regarding Discounts on Front-End Sales Charges on Mutual Funds" is available at http://www.sec.gov/news/studies/breakpointrep.htm. A copy of the Joint NASD/Industry Task Force on Breakpoints report can be found at http://www.nasdr.com/breakpoints_report.asp. Request for Comments on Ways to Improve Mutual Fund Transaction Cost Disclosure The Commission decided to issue a concept release on mutual fund transaction costs. The release will seek public comment on whether mutual funds should be required to quantify and disclose to investors the amount of transaction costs they incur; include transaction costs in their expense ratios and fee tables; provide other measures or additional disclosure that would indicate the level of a fund's transaction costs; or some combination of the above. In addition, the release will seek comment on whether mutual funds should be required to record transaction costs or the portion of those costs that represent soft dollar benefits as an expense in their financial statements. The release also will ask for comment on the adequacy of existing requirements for board review of transaction costs. Comments in response to the concept release should be sent to the Commission within 60 days of its publication in the Federal Register. (Press Rel. 2003-173) ENFORCEMENT PROCEEDINGS COMMISSION SANCTIONS STUART WINKLER The Commission has assessed a civil money penalty of $800,000 against Stuart E. Winkler of Dannemora, New York. Winkler was chief financial and compliance officer and supervisor of operations at A.S. Goldmen & Co., Inc., formerly a registered broker-dealer. Since Winkler appealed the initial decision of an administrative law judge only with respect to the penalty that the law judge assessed, the Commission made the remainder of the law judge's decision as to him final. Thus the law judge's order barring Winkler from association with any broker or dealer and issuing a cease-and-desist order against Winkler was declared effective. Winkler was convicted in New York of the crime of enterprise corruption. He admittedly engaged in a wide variety of illegal practices including manipulation, lying to customers and regulators, and falsifying and destroying records. The Commission stated that the $800,000 penalty imposed by the law judge was warranted since Winkler's egregious misconduct far outweighed any mitigative factors. (Rels. 33-8348; 34- 48940; File No. 3-9933) COMPLAINT FILED AGAINST DOROTHY MAHLER, JOHN BRACEWELL, III, AND PATRICIA JONES The Commission announced today that it has filed a complaint in the U.S. District Court for the Middle District of Tennessee against Dorothy L. Mahler (Mahler), John W. Bracewell, III (Bracewell) and Patricia L. Jones (Jones), all residing in Tennessee. The complaint alleges that the defendants perpetrated a financial reporting fraud involving the financial statements of Genesco, Inc. (Genesco), a footwear and accessories company headquartered in Nashville, Tennessee. Mahler, President of Genesco's Johnston & Murphy division, Bracewell, a division vice president, and Jones, the division's Director of Customer Care, caused Genesco to improperly recognize $2.8 million of sales revenue prior to the end of a quarter and in advance of a customer's requested shipping date. The defendants improperly recorded revenue in the quarter to meet sales targets for the quarter. This overstatement of sales and earnings was reflected on Genesco's financial statements included in its Form 10-K for fiscal year 2001. The complaint seeks permanent injunctions enjoining defendants Mahler, Bracewell, and Jones from further violations or aiding and abetting violations of Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13a-1 and 13b2- 1 thereunder. The complaint further seeks disgorgement of all ill- gotten gains with prejudgment interest against Mahler and Bracewell, the imposition of civil penalties against Mahler and Bracewell, and an officer or director bar against Mahler. [SEC v. Dorothy L. Mahler, John W. Bracewell, III, and Patricia L. Jones, Civil Action No. 3:03-CV- 1202 MDTN] (LR-18508; AAE Rel. 1924) COURT IMPOSES $164,383,744 OF DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL PENALTIES AGAINST DEFENDANTS IN MASSIVE PONZI SCHEME CASE The Commission announced today that on December 10 the Honorable Edward Rafeedie, Senior Judge for the U.S. District Court for the Central District of California, issued a final judgment imposing a total of $164,383,744 in disgorgement, prejudgment interest and civil penalties against four defendants in a massive Ponzi scheme that raised over $253 million from over 6,000 investors across 48 states. Judge Rafeedie ruled for the Commission after a hearing on the issue of monetary relief. In his ruling, Judge Rafeedie rejected the argument that defendant Larry T. Osaki (Osaki) of Upland, California, should not be held jointly and severally liable with the two entity defendants that he controlled, J.T. Wallenbrock & Associates (Wallenbrock) and Citadel Capital Management Group, Inc. (Citadel). The ruling further rejected the argument that defendant Van Y. Ichinotsubo (Ichinotsubo) of Cerritos, California, a recruiter who significantly assisted Osaki, Wallenbrock and Citadel in the fraudulent scheme, should not have disgorgement ordered against him because he was also an investor who had lost money in the scheme. The U.S. District Court for the Central District of California in Los Angeles had previously entered an order on Feb. 28, 2003, permanently enjoining Wallenbrock, a general partnership located in Pasadena, California, Osaki, Ichinotsubo and Citadel Capital, a Nevada corporation located in Pasadena, California, by consent, from violations of the antifraud, broker-dealer registration and securities registration provisions of the federal securities laws. Judge Rafeedie ordered defendants Osaki, Wallenbrock and Citadel, jointly and severally, to pay disgorgement of $139,418,278 and prejudgment interest of $24,270,233. Judge Rafeedie further ordered Defendant Ichinotsubo to pay disgorgement of $409,798 plus prejudgment interest of $85,435. Judge Rafeedie additionally ordered Osaki and Ichinotsubo to each pay a third-tier civil penalty of $100,000. It was further ordered that the Defendants make the above payments within 30 days of the filing of the Order. [SEC v. J.T. Wallenbrock & Associates, Larry Toshio Osaki, Van Y. Ichinotsubo and Citadel Capital Management Group, Inc., Civil Action No. 02-00808 ER, CDCA] (LR-18509) INVESTMENT COMPANY ACT RELEASES HENNION & WALSH, INC., ET AL. The Commission issued an order to Hennion & Walsh, Inc., et al. under Section 6(c) of the Investment Company Act exempting applicants from Section 12(d)(3) of the Act. The order permits certain series of unit investment trusts to invest up to 10.5%, 14.5% or 34.5% of their respective total assets in securities of issuers that derived more than 15% of their gross revenues in their most recent fiscal year from securities related activities. (Rel. IC-26296 - December 17) SELF- REGULATORY ORGANIZATIONS PROPOSED RULE CHANGE A proposed rule change (SR-NASD-2003-182) has been filed by the National Association of Securities Dealers to amend NASD Rule 6210(a) to clarify certain terms used in the definition, "TRACE-eligible security," amend NASD Rule 6230(e)(2) to expand the trade reporting exemption to qualifying transactions in any TRACE-eligible security that is listed and quoted on the Nasdaq Stock Market, Inc., and make conforming amendments to the defined term, "reportable TRACE transaction," in NASD Rule 6210(c). Publication of the notice in the Federal Register is expected during the week of December 22. (Rel. 34-48926) 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 CAREDECISION CORP, 2660 TOWNSGATE ROAD, SUITE 300, WESTLAKE VILLAGE, CA, 91361, 8054461973 - 7,300,000 ($292,000.00) Equity, (File 333-111187 - Dec. 16) (BR. 09) S-3 JOHNSON CONTROLS INC, 5757 N GREEN BAY AVENUE, P O BOX 591, MILWAUKEE, WI, 53201, 4142281200 - 0 ($1,500,000,000.00) Other, (File 333-111192 - Dec. 16) (BR. 06) S-1 PENINSULA PHARMACEUTICALS INC, 1751 HARBOR BAY PARKWAY, ALAMEDA, CA, 94502, 510-747-3900 - 0 ($86,250,000.00) Equity, (File 333-111193 - Dec. 16) (BR. 01) S-1 INTERSECTIONS INC, 14930 BOGLE DRIVE, CHANTILLY, VA, 20151, 7034886100 - 0 ($115,000,000.00) Equity, (File 333-111194 - Dec. 16) (BR. 04) S-8 VOYAGER ONE INC, 120 NEWPORT CENTER DR., SUITE 200, NEWPORT BEACH, CA, 92660, 9497606832 - 181,000 ($108.00) Equity, (File 333-111207 - Dec. 16) (BR. 09) S-8 CONVERGYS CORP, 201 EAST FOURTH STREET, CINCINNATI, OH, 45202, 5137237000 - 3,000,000 ($45,225,000.00) Equity, (File 333-111209 - Dec. 16) (BR. 03) S-8 ITRONICS INC, 6490 SO. MCCARRAN BLVD., BLDG C STE 23, RENO, NV, 89509, 7756897696 - 6,000,000 ($900,000.00) Equity, (File 333-111210 - Dec. 16) (BR. 08) S-8 CONEXANT SYSTEMS INC, 4311 JAMBOREE RD, NEWPORT BEACH, CA, 92660-3095, 9494834600 - 363,055 ($1,808,014.00) Equity, (File 333-111211 - Dec. 16) (BR. 36) S-8 PALL CORP, 2200 NORTHERN BLVD, EAST HILLS, NY, 11548, 5164845400 - 1,000,000 ($26,105,000.00) Equity, (File 333-111212 - Dec. 16) (BR. 06) S-8 DELL INC, ONE DELL WAY, STED, ROUND ROCK, TX, 78682-2244, 5127284737 - 0 ($4,941,750.00) Equity, (File 333-111214 - Dec. 16) (BR. 03) S-8 DELL INC, ONE DELL WAY, STED, ROUND ROCK, TX, 78682-2244, 5127284737 - 0 ($3,294,500.00) Equity, (File 333-111215 - Dec. 16) (BR. 03) S-8 PALL CORP, 2200 NORTHERN BLVD, EAST HILLS, NY, 11548, 5164845400 - 1,000,000 ($26,105,000.00) Equity, (File 333-111218 - Dec. 16) (BR. 06) SB-2 OSAGE FEDERAL FINANCIAL INC, 596,514 ($5,965,140.00) Equity, (File 333-111219 - Dec. 16) (BR. 09) S-4 CONSUMERS ENERGY CO, 212 W MICHIGAN AVE, JACKSON, MI, 49201, 5177881030 - 0 ($1,275,000,000.00) Non-Convertible Debt, (File 333-111220 - Dec. 16) (BR. 02) S-8 SIRIUS SATELLITE RADIO INC, 1221 AVENUE OF THE AMERICAS, 36TH FLOOR, NEW YORK, NY, 10020, 2128995000 - 500,000 ($1,070,000.00) Equity, (File 333-111221 - Dec. 16) (BR. 37) S-8 FOOT LOCKER INC, 112 WEST 34TH STREET, 233 BROADWAY, NEW YORK, NY, 10120, 2127204477 - 7,000,000 ($154,560,000.00) Equity, (File 333-111222 - Dec. 16) (BR. 02) S-8 WATSON WYATT & CO HOLDINGS, 1717 H STREET N W, SUITE 800, WASHINGTON, DC, 20006, (202) 715-7000 - 0 ($35,625,000.00) Equity, (File 333-111223 - Dec. 16) (BR. 08) S-8 SEI CORP, 1 FREEDOM VALLEY DRIVE, OAKS, PA, 19456-1100, 6106761000 - 0 ($296,250,000.00) Equity, (File 333-111224 - Dec. 16) (BR. 07) S-8 OPPENHEIMER HOLDINGS INC, SUITE 1110, P.O. BOX 2015, 20 EGLINTON AVE. WEST, TORONTO, A6, M4R 1K8, (416)322-1515 - 200,000 ($6,852,000.00) Equity, (File 333-111225 - Dec. 16) (BR. 07) S-3 BIOCRYST PHARMACEUTICALS INC, 2190 PKWY LAKE DR, BIRMINGHAM, AL, 35244, 2054444600 - 0 ($60,000,000.00) Equity, (File 333-111226 - Dec. 16) (BR. 01) S-3 MENS WEARHOUSE INC, 5803 GLENMONT DR, HOUSTON, TX, 77081, 7135927200 - 0 ($130,000,000.00) Debt Convertible into Equity, (File 333-111227 - Dec. 16) (BR. 02) S-8 CITIZENS SOUTH BANKING CORP, 245 WEST MAIN AVENUE, GASTONIA, NC, 28052-4140, 7048685200 - 736,393 ($10,894,368.00) Equity, (File 333-111228 - Dec. 16) (BR. 07) S-3 HOVNANIAN ENTERPRISES INC, 10 HWY 35, PO BOX 500, RED BANK, NJ, 07701, 7327477800 - 0 ($20,884,261.75) Equity, (File 333-111231 - Dec. 16) (BR. 06) S-8 INVICTA GROUP INC, 9553 HARDING AVE, SUITE 301, MIAMI BEACH, FL, 33154, 3058666525 - 5,000,000 ($1,200,000.00) Equity, (File 333-111232 - Dec. 16) (BR. 09) S-8 INVICTA GROUP INC, 9553 HARDING AVE, SUITE 301, MIAMI BEACH, FL, 33154, 3058666525 - 5,000,000 ($1,200,000.00) Equity, (File 333-111233 - Dec. 16) (BR. 09) S-3 HORACE MANN EDUCATORS CORP /DE/, 1 HORACE MANN PLZ, SPRINGFIELD, IL, 62715-0001, 2177892500 - 0 ($300,000,000.00) Other, (File 333-111234 - Dec. 16) (BR. 01) S-8 MILLENIUM HOLDING GROUP INC /AZ/, 12 WINDING ROAD, SUITE, HENDERSON, NV, 89052, 702-492-7721 - 505,051 ($570,708.00) Other, (File 333-111235 - Dec. 16) (BR. 08) S-8 ACCREDO HEALTH INC, 1640 CENTURY CENTER PARKWAY, SUITE 101, MEMPHIS, TN, 38134, 9013853688 - 15,000,000 ($15,000,000.00) Other, (File 333-111236 - Dec. 16) (BR. 01) S-3 COMSTOCK RESOURCES INC, 5300 TOWN AND COUNTRY BLVD, STE 500, FRISCO, TX, 75034, 9726688800 - 0 ($300,000,000.00) Unallocated (Universal) Shelf, (File 333-111237 - Dec. 16) (BR. 04) S-3 SBS TECHNOLOGIES INC, 2400 LOUISIANA BOULEVARD NE, AFC BUILDING 5 SUITE 600, ALBUQUERQUE, NM, 87110, 5058750600 - 0 ($5,784,753.00) Equity, (File 333-111239 - Dec. 16) (BR. 03) S-3 PREMCOR REFINING GROUP INC, 8182 MARYLAND AVE, C/O MILTON BURMASTER, ST LOUIS, MO, 63105-3721, 3148549696 - 0 ($1,200,000,000.00) Unallocated (Universal) Shelf, (File 333-111240 - Dec. 16) (BR. 04) SB-2 INVICTA GROUP INC, 9553 HARDING AVE, SUITE 301, MIAMI BEACH, FL, 33154, 3058666525 - 14,715,000 ($7,770,150.00) Equity, (File 333-111241 - Dec. 16) (BR. 09) S-3 ISCO INTERNATIONAL INC, 451 KINGSTON CT, MOUNT PROSPECT, IL, 60056, 8473919400 - 0 ($405,000.00) Equity, (File 333-111242 - Dec. 16) (BR. 36) F-9EF NEXEN INC, 801-7TH AVENUE SW, CALGARY ALBERTA CANA, A0, T2P 3P7, 4036994000 - 1,000,000,000 ($1,000,000,000.00) Non-Convertible Debt, (File 333-111243 - Dec. 16) (BR. 04) SB-2 AMERICAN NATURAL ENERGY CORP, 7030 SOUTH YALE, SUITE 404, TULSA, OK, 74136, 9184811440 - 27,621,366 ($27,621,366.00) Equity, (File 333-111244 - Dec. 16) (BR. 04) 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 --------------------------------------------------------------------------------------------- A TIME TO GROW INC TX X 12/16/03 ACE CASH EXPRESS INC/TX TX X X 12/16/03 ACTRADE FINANCIAL TECHNOLOGIES LTD DE X X X 12/15/03 ACUITY BRANDS INC DE X X 12/16/03 AGCO CORP /DE DE X X 12/15/03 AKAMAI TECHNOLOGIES INC DE X X 12/12/03 ALTIRIS INC DE X X 12/01/03 AMERICAN INTERNATIONAL VENTURES INC / DE X 12/15/03 AMERIQUEST MORT SEC INC ASSET BACKED DE X X 11/05/03 APOLLO HOLDINGS INC DE X 12/15/03 AVERY DENNISON CORPORATION DE X X 12/12/03 BANK OF HAWAII CORP DE X 12/15/03 BANK UNITED CORP LITIGATION CONTINGEN DE X X 12/16/03 BANKATLANTIC BANCORP INC FL X X 12/02/03 BARRY R G CORP /OH/ OH X X 12/15/03 BAYVIEW FINANCIAL SECURITIES CO LLC DE X 12/15/03 BIOCRYST PHARMACEUTICALS INC DE X X 12/16/03 BLACK HILLS CORP /SD/ SD X X 12/15/03 BMC INDUSTRIES INC/MN/ MN X X 12/12/03 BOSTON LIFE SCIENCES INC /DE DE X X 12/09/03 BRADY CORP WI X X 12/15/03 BRANDAID MARKETING CORP DE X 12/16/03 BRIDGE BANCORP INC NY X 12/15/03 BRIGHAM EXPLORATION CO DE X X 12/16/03 BROOKS AUTOMATION INC DE X X 12/16/03 BRUSH ENGINEERED MATERIALS INC X X 12/16/03 BUCKLE INC NE X 12/16/03 CALIFORNIA CLEAN AIR INC DE X 11/26/03 CALIFORNIA MICRO DEVICES CORP CA X X X 12/15/03 CAPACITIVE DEIONIZATION TECHNOLOGY SY NV X X 12/15/03 CAPITAL AUTO RECEIVABLES INC DE X X 12/15/03 CARCO AUTO LOAN MASTER TRUST DE X X 12/15/03 CARDINAL HEALTH INC OH X 12/16/03 CENDANT CORP DE X X 12/16/03 CENTRAL WIRELESS INC UT X X 11/20/03 AMEND CERBCO INC DE X 12/16/03 CEVA INC DE X X 12/16/03 CHAMPIONSHIP AUTO RACING TEAMS INC DE X X 12/16/03 CHAMPIONSHIP AUTO RACING TEAMS INC DE X X 12/16/03 CHARLES & COLVARD LTD NC X 12/16/03 CHASE MORTGAGE FINANCE CORP DE X X 12/15/03 CHASE MORTGAGE FINANCE CORP DE X X 12/15/03 CHESAPEAKE ENERGY CORP OK X 12/15/03 CHESAPEAKE ENERGY CORP OK X 12/15/03 CHIRAL QUEST INC MN X X 12/09/03 CHRONIMED INC MN X X 12/09/03 CNL HOSPITALITY PROPERTIES INC MD X X 12/15/03 COACHMEN INDUSTRIES INC IN X X 12/15/03 COLE NATIONAL CORP /DE/ DE X X 12/16/03 COLE NATIONAL GROUP INC DE X X 12/16/03 COLLEGE LOAN CORP TRUST I DE X X 11/30/03 COMDISCO HOLDING CO INC DE X 11/20/03 AMEND COMMUNITY BANKS INC /PA/ PA X 12/16/03 CONCERO INC DE X 12/12/03 CONOLOG CORP DE X X 12/15/03 COWLITZ BANCORPORATION WA X X 12/15/03 CSK AUTO CORP DE X X X 12/16/03 DAIMLERCHRYSLER AUTO TRUST 2003-A MI X X 12/08/03 DAIMLERCHRYSLER AUTO TRUST 2003-B MI X X 12/04/03 DAIMLERCHRYSLER MASTER OWNER TRUST X X 12/15/03 DATAJUNGLE SOFTWARE INC NV X 12/15/03 DERMA SCIENCES INC PA X 11/12/03 DOCUMENT SECURITY SYSTEMS INC NY X X 12/15/03 DOLLAR TREE STORES INC VA X 12/16/03 DOWNEY FINANCIAL CORP DE X X 11/30/03 DST SYSTEMS INC DE X X 12/01/03 DVI INC DE X X 12/15/03 ECB BANCORP INC NC X X 12/16/03 EDGE PETROLEUM CORP DE X X 12/16/03 ELAMEX SA DE CV X 12/16/03 ELIZABETH ARDEN INC FL X X 12/15/03 EMC CORP MA X X 12/15/03 ENDOCARE INC DE X X 12/15/03 ENERGY PRODUCERS INC NV X X X 12/01/03 AMEND ENSCO INTERNATIONAL INC DE X 12/15/03 ENZO BIOCHEM INC NY X 12/15/03 ESSEX CORPORATION VA X X 12/16/03 EXELIXIS INC DE X 12/16/03 FACTSET RESEARCH SYSTEMS INC DE X X 11/30/03 FAMOUS DAVES OF AMERICA INC MN X X 12/15/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 12/16/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 12/16/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 12/16/03 FARMER MAC MORTGAGE SECURITIES CORP DE X 12/16/03 FENTURA FINANCIAL INC MI X X 12/16/03 FGI GROUP INC DE X X 12/16/03 FIRST COMMONWEALTH FINANCIAL CORP /PA PA X 12/11/03 FIRST COMMUNITY FINANCIAL CORP PA X X 12/16/03 FIRST UNION NATIONAL BANK COM MORT PA NC X 12/01/03 FLOW INTERNATIONAL CORP WA X X 12/15/03 FORD MOTOR CO DE X 12/16/03 FORD MOTOR CREDIT CO DE X 12/16/03 FORGE INC DE X X X 09/30/03 AMEND FUELCELL ENERGY INC DE X 12/16/03 GENESIS HEALTHCARE CORP PA X X X 12/10/03 GOLDEN PATRIOT CORP NV X 12/16/03 GREIF INC DE X 12/11/03 GTECH HOLDINGS CORP DE X 12/16/03 HALLIBURTON CO DE X 12/16/03 HANOVER COMPRESSOR CO / DE X X 12/09/03 HEI INC MN X X 12/16/03 HEICO CORP FL X 12/15/03 HELIX BIOMEDIX INC DE X 12/12/03 HERITAGE PROPERTY INVESTMENT TRUST IN MD X 02/10/03 AMEND HICKORY TECH CORP MN X 12/16/03 HOME EQUITY LOAN-BACKED NOTES SERIES DE X X 12/15/03 HOSPITALITY PROPERTIES TRUST MD X 12/09/03 HUMBOLDT BANCORP CA X X 12/15/03 ICO INC TX X X 12/15/03 IGEN INTERNATIONAL INC /DE DE X 12/15/03 INCARA PHARMACEUTICALS CORP DE X X 12/12/03 INSITUFORM EAST INC DE X 12/16/03 INTERMET CORP GA X X 12/15/03 INTERUNION FINANCIAL CORP DE X X X 11/25/03 AMEND INTUITIVE SURGICAL INC DE X X 12/10/03 ISCO INTERNATIONAL INC DE X X 12/15/03 ISOLAGEN INC DE X 12/16/03 IVP TECHNOLOGY CORP NV X 12/15/03 JDS UNIPHASE CORP /CA/ DE X X 12/15/03 KILROY REALTY CORP MD X 12/15/03 LA JOLLA PHARMACEUTICAL CO DE X X 12/16/03 LABOR READY INC WA X 12/15/03 LAIDLAW INTERNATIONAL INC DE X X 12/15/03 LESCO INC/OH OH X 12/16/03 LYDALL INC /DE/ DE X X 12/15/03 MANUFACTURED HOME COMMUNITIES INC MD X 12/16/03 MARINER HEALTH CARE INC DE X X 12/12/03 MARKWEST ENERGY PARTNERS L P DE X X 12/01/03 MARKWEST HYDROCARBON INC DE X X 12/01/03 MARTEK BIOSCIENCES CORP DE X X 12/16/03 MDC HOLDINGS INC DE X X 12/16/03 MERCER INSURANCE GROUP INC PA X X 12/15/03 MERRILL LYNCH MORTGAGE INVESTORS INC DE X X 12/12/03 METLIFE INC DE X X 12/16/03 METROCALL HOLDINGS INC DE X X 12/16/03 MICRON ENVIRO SYSTEMS INC NV X 12/16/03 MILLS CORP DE X X 12/03/03 MISSISSIPPI CHEMICAL CORP /MS/ MS X X 12/15/03 MOBIUS MANAGEMENT SYSTEMS INC DE X X 12/16/03 MORGAN STANLEY ABS CAPITAL I - MOR PA DE X X 06/27/03 MORTGAGE ASSET SECURITIZATION TRANSAC DE X 12/16/03 MOTOROLA INC DE X 12/16/03 NATIONAL PENN BANCSHARES INC PA X X 12/09/03 NAVISITE INC DE X 12/15/03 NCO GROUP INC PA X 12/12/03 NOBLE CORP X X 12/16/03 NORSTAN INC MN X X 12/16/03 NYMAGIC INC NY X X 12/15/03 OXFORD VENTURES INC X X X X X 12/02/03 PACEL CORP VA X 04/25/03 AMEND PACIFIC GAS & ELECTRIC CO CA X 12/16/03 PENNICHUCK CORP NH X X 12/15/03 PENNROCK FINANCIAL SERVICES CORP PA X 12/09/03 PG&E CORP CA X 12/16/03 PHARMACEUTICAL FORMULATIONS INC DE X 12/10/03 AMEND PHARMANETICS INC NC X 12/15/03 PHARMOS CORP NV X X 12/16/03 PHOTONICS CORP CA X X 12/15/03 POWELL INDUSTRIES INC NV X X 12/09/03 PRESIDION CORP FL X X 12/03/03 AMEND PRICESMART INC DE X X 12/16/03 PRINCETON VIDEO IMAGE INC NJ X X 12/10/03 PROXIM CORP DE X X 12/12/03 PYR ENERGY CORP DE X X 12/15/03 QUEST RESOURCE CORP NV X X 12/15/03 RADIANT SYSTEMS INC GA X X 12/15/03 RAYONIER INC NC X 12/16/03 READING INTERNATIONAL INC NV X 12/16/03 RESIDENTIAL ASSET MORT PRO INC GMACM DE X X 12/05/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/12/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/15/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 11/16/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/16/03 RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 12/16/03 RESIDENTIAL FUNDING MORTGAGE SECURITI DE X X 12/16/03 ROXIO INC DE X 12/12/03 RTIN HOLDINGS INC TX X X 12/05/03 RTIN HOLDINGS INC TX X X 12/16/03 RURAL ELECTRIC COOPERATIVE GRANTOR TR NY X X 12/15/03 S&T BANCORP INC PA X 12/15/03 SATELLITE ENTERPRISES CORP NV X 10/22/03 AMEND SENETEK PLC /ENG/ X X 12/15/03 SIRIUS SATELLITE RADIO INC DE X 12/16/03 SLC STUDENT LOAN RECEIVABLES I INC DE X X 11/30/03 SOUTHERN BANC CO INC DE X X 12/09/03 SOUTHWALL TECHNOLOGIES INC /DE/ DE X X 12/05/03 SPINNAKER EXPLORATION CO DE X 12/16/03 STAGE STORES INC NV X 12/16/03 STANDARD MANAGEMENT CORP IN X X 11/17/03 STATE AUTO FINANCIAL CORP OH X X 11/12/03 STEWART ENTERPRISES INC LA X X 12/16/03 SUPERCONDUCTIVE COMPONENTS INC OH X X 12/08/03 SYMANTEC CORP DE X 12/15/03 SYNALLOY CORP DE X 12/16/03 AMEND SYNERGY FINANCIAL GROUP INC X X 12/16/03 TERAYON COMMUNICATION SYSTEMS DE X X 12/08/03 TERRA INDUSTRIES INC MD X X 12/15/03 TOTAL IDENTITY CORP FL X 12/09/03 TRIMERIS INC DE X X 12/16/03 TRUE HEALTH INC UT X X 07/30/03 AMEND TRUSTCO BANK CORP N Y NY X 12/16/03 TUGBOAT INTERNATIONAL INC X X X 12/11/03 UNIFI INC NY X 10/22/03 UNITED FINANCIAL 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