SEC NEWS DIGEST Issue 2002-122 June 25, 2002 COMMISSION ANNOUNCEMENTS COMMISSION MEETINGS A closed meeting will be held on Monday, July 1, 2002, at 1:00 p.m., and an open meeting will be held on Tuesday, July 2, 2002, at 1:00 p.m., in Room 1C30, the William O. Douglas Room. CLOSED MEETING - MONDAY, JULY 1, 2002 - 1:00 P.M. The subject matter of the closed meeting scheduled for Monday, July 1, 2002, will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; and Opinion. OPEN MEETING - TUESDAY, JULY 2, 2002 - 1:00 P.M. The subject matter of the open meeting scheduled for Tuesday, July 2, 2002, will be: 1. The Commission will consider whether to adopt amendments to Rule 31- 1 under the Securities Exchange Act of 1934 to clarify how to calculate assessments that are required to be paid by national securities exchanges and national securities associations pursuant to Section 31(d) of the Exchange Act for security futures transactions. The proposed amendments to Rule 31-1 also provide guidance on how to calculate fees that are required to be paid by national securities exchanges and national securities associations pursuant to Sections 31(b) and (c) of the Exchange Act, respectively, for sales of securities that result from the physical settlement of security futures. 2. The Commission will consider proposed rules to be issued jointly by the Commission and the Department of the Treasury implementing section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Section 326 requires the Secretary of the Treasury to jointly prescribe with the Commission regulations that, at a minimum, require broker-dealers and mutual funds to implement reasonable procedures to (1) verify the identity of any person seeking to open an account, to the extent reasonable and practicable, (2) maintain records of the information used to verify the person's identity, and (3) determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the broker-dealer or mutual fund by any government agency. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942-7070. RULES AND RELATED MATTERS TECHNICAL AMENDMENTS TO RULES AND FORMS DUE TO THE NATIONAL SECURITIES MARKETS IMPROVEMENT ACT OF 1996 AND THE GRAMM-LEACH-BLILEY ACT The Commission issued a release today that adopts technical amendments to Rules 3a-1, 3a-2, 3a-3, 3a-5, 3a-6, 6c-6, 6e-2, 6e-3(T), 20b, and 30f- 1 under the Investment Company Act and Rules 16a-2 and 16a-3 under the Securities Exchange Act of 1934. The release also adopts technical amendments to Forms 3, 4, and 5, the forms that are used to disclose the holdings of officers, directors, and certain security holders. The technical amendments correct statutory references currently included in the rules and the forms to reflect the changes made by the National Securities Markets Improvement Act of 1996 and the Gramm-Leach-Bliley Act. For further information, contact Hugh P. Lutz at (202) 942-0695. (Rels. 34-46106 and IC-25621) ENFORCEMENT PROCEEDINGS STOP ORDER ENTERED REGARDING INVESTMENT TECHNOLOGY REGISTRATION STATEMENTS On June 24, the Commission entered a consent stop order, suspending the effectiveness of registration statements filed by Investment Technology, Inc. The Commission entered the order pursuant to Section 8(d) of the Securities Act of 1933, after finding that Form S-8 registration statements filed by Investment Technology in January and March 2002 contained untrue statements of material facts and omitted material facts, either directly or by their incorporation of Investment Technology's previous filings with the Commission on Forms 10-KSB, 10- QSB and 8-K. Among other things, Investment Technology failed to disclose how it could satisfy its cash requirements, the indictment of one of its control persons, litigation by Investment Technology against the control person, and disagreements between Investment Technology and its former certifying accountant. Also, Investment Technology failed to make various material disclosures for the year ending December 31, 2001, by its failure to file an annual report on Form 10-K for that period. (Rel. 33-8108; File No. 3-10760) IN THE MATTER OF THE S.I.N.C.L.A.R.E. GROUP, INC. The common stock registration of The S.I.N.C.L.A.R.E. Group, Inc., has been revoked. An administrative law judge ordered the sanction on June 24, 2002. In finding The S.I.N.C.L.A.R.E. Group, Inc., in default, the administrative law judge determined that it failed to comply with Sections 13(a) and 10(b) of the Exchange Act and Rules 13a-1, 13a-11, 13a-13, and 10b-5 thereunder. Pursuant to Section 12(j), The S.I.N.C.L.A.R.E. Group, Inc.'s common stock registration was revoked. (Rel. 34-46105; File No. 3-10767) IN THE MATTER OF MICHAEL LESTER On June 24, the Commission issued an Order Instituting Proceedings, Making Findings, And Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Order) against Michael Anthony Lester. The Order finds that On May 14, 2002, the United States District Court for the Southern District of New York, entered a final judgment against Lester in an action captioned SEC v. American Healthcare Providers, Inc. et. al., 01 cv 7649 (B.S.J.) (Injunctive Action), which, among other things, permanently enjoins Lester from future violations of Sections 17(a) and 17(b) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder. In the Injunctive Action, the Commission alleged, among other things: (a) that from at least April 2000 through June 14, 2000, Lester participated in a fraudulent unregistered distribution of American Healthcare common stock; (b) that at the time of the alleged misconduct, American Healthcare common stock was a penny stock, as used in Section 15(b)(6) and as defined by Section 3(a)(51) of the Exchange Act and Rule 3a51-1 thereunder; (c) that Lester promoted the sale of American Healthcare common stock by drafting press releases, maintaining websites and by posting messages on the Internet, which contained false and misleading information about American Healthcare's financial condition and business prospects; and (d) that Lester had agreed to receive unrestricted American Healthcare stock in exchange for promoting American Healthcare. American Healthcare stock was a "penny stock," as that term is used in Section 15(b)(6) and defined by Section 3(a)(51) of the Exchange Act and Rule 3a51-1 thereunder. Based on the above, the Order bars Lester from participating in the offering of a penny stock. (Rel. 34-46107; File No. 3-10810) SEC SUES PERPETRATOR OF BOGUS BLOOMBERG STORY POSTED ON INTERNET MESSAGE BOARDS On the morning of May 13, 2002, Benjamin C. Snyder, a 17-year-old Lawrenceville, Georgia high school student, purchased 785 shares of thinly traded Viragen International, Inc. (Viragen) stock (at $.60 per share) via an online brokerage account. On the evening of May 13, in an effort to artificially inflate Viragen's stock price, Snyder visited a nearby public library, accessed the Internet via a library computer, and posted, under an alias, a bogus Bloomberg article on several popular Internet message boards dedicated to investor discussions. The fake Bloomberg article (which was attributed to an actual Bloomberg journalist) reported that Viragen's share price was "expected to multiply 6-7 times" as a result of receiving FDA approval for a secretly developed and tested "effective anthrax cure." In addition to concocting the phony Bloomberg story, Snyder lied in the Raging Bull postings about his own position in Viragen stock, stating that he had "no position" in Viragen stock, when in fact, he owned 785 shares. Snyder's scheme failed to influence the market for Viragen stock. Accordingly, the Commission issued an order instituting and simultaneously settling cease-and-desist proceedings against Snyder. Snyder consented to the issuance of the Commission order without admitting or denying any of its findings. The order found that Snyder violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission acknowledges the assistance of the NASD Regulation's Market Regulation Department and the Amercian Stock Exchange's Market Surveillance Department. (Rel. 34-46108; File No. 3-10811) SEC CHARGES OHIO MAN AND CO-DEFENDANTS WITH RUNNING A PONZI SCHEME DISGUISED AS A HEDGE FUND AND DEFRAUDING INVESTORS OF MILLIONS OF DOLLARS; SEC BRINGS SEPARATE ACTION AGAINST LICENSED SECURITIES BROKER TO ENFORCE COMMISSION SUBPOENAS The Commission announced that on June 24 it filed a civil injunctive action in federal district court in Columbus, Ohio, accusing Von C. Cummings and others of defrauding dozens of investors by conducting a Ponzi scheme through a purported Ohio-based hedge fund, Paramount Financial Partners, L.P. The Commission's complaint alleges that Cummings and various marketers induced investors to pay at least $15 million into the hedge fund from at least May 2000 through March 2001, but that Cummings and others misappropriated or diverted those funds to pay earlier investors, pay secret commissions to various securities brokers and pay personal and business expenses. The Commission's complaint names Von C. Cummings, 32, of Dublin, Ohio and two entities that he controls, Paramount Financial Partners, L.P., and Paramount Capital Management, LLC. The complaint also names two of Paramount's chief marketers, John A. Ryan, 40, of San Francisco, California and Kevin L. Grandy, 32, of Columbus, Ohio. Also named is James Curtis "Curt" Conley, age 31, of Columbus, Ohio, a former Paramount employee who posed as the owner of a New York brokerage house in connection with one of Cummings' investment schemes. The Commission's complaint alleges that Paramount, through Cummings, Ryan, Grandy and other marketers, falsely portrayed Paramount as a "registered hedge fund" that generated supposed investment returns of as much as 99 percent. Victims were told that Paramount had access to certain discounted securities that they could purchase through Paramount and sell for large profits. Victims were also told that they were required to maintain their principal and supposed profits with Paramount for a set period of time. The complaint alleges that Paramount issued false trade confirmations and account statements to trick investors into believing that Paramount had purchased and sold certain securities for their accounts and generated large profits. Paramount then raised new investor funds that it used to pay earlier investors and to pay personal and business expenses. The Commission's complaint charges that Cummings, Paramount Financial, Paramount Capital, Ryan, Grandy and Conley violated Section 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 complaint further alleges that Paramount Financial and Paramount Capital violated Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 (Advisers Act) and that Cummings, Ryan, Grandy and Conley aided and abetted those violations of the Advisers Act. The complaint seeks, among other things, a temporary restraining order that prohibits the primary defendants from accepting funds from actual or potential investors, requires them to provide sworn accountings, and enjoins them from further violations of the securities laws referenced above. In addition to the primary defendants, the complaint names four relief defendants: U.S. African Corp., Gordon Lending Corp., Gordon L. Yocom, and Patrick Susemihl. The complaint does not charge these relief defendants with substantive violations of the federal securities laws. Rather, because U.S. African, Gordon Lending, Yocom and Susemihl each received investor funds as a result of the primary defendants' misconduct, the Commission is seeking return of those monies. In a related proceeding also commenced on June 24, 2002, the Commission filed an action in federal district court in Washington, D.C., to obtain a court order requiring Mark D. Deyak, a licensed securities broker in New York, to obey subpoenas issued in furtherance of the investigation into Paramount's activities. The complaint alleges that Deyak, while a broker with American Investment Services, Inc., received undisclosed commissions for referring brokerage clients to invest with Paramount. [SEC v. Von Christopher Cummings, Paramount Financial Partners, L.P., Paramount Capital Management, LLC, John A. Ryan, Kevin L. Grandy and James Curtis Conley, No. C2 02 629 (S.D. Ohio)]; [SEC v. Mark D. Deyak, Misc. No.1:02 MS 00279 (D.D.C.)] (LR-17581) SEBASTIAN CORRIERE PRELIMINARILY ENJOINED FROM SOLICITING INVESTORS FOR FICTITIOUS TRADING PROGRAMS On June 18, the Honorable Elizabeth A. Kovachevich of the United States District Court for the Middle District of Florida entered a preliminary injunction order (Order) against Sebastian Corriere (Corriere), based upon his sales of approximately $3 million in fraudulent prime bank securities. The Order found that the Commission was reasonably likely to prevail on the merits of the allegations in its complaint that Corriere had engaged in fraud and registration violations of the securities laws. The Order also froze Corriere's assets, as well as those of two relief defendants, Quantum Equities, Inc. and The Kings Fellowship, Inc., which the Commission alleged are controlled by Corriere and received proceeds from the fraud. The Court had previously issued a temporary restraining order (TRO) on April 18, 2002, based on a complaint filed by the Commission. The Commission has alleged that Corriere, a resident of Clearwater, Florida, raised almost $3 million from investors located across the country. The complaint alleged that Corriere offered participation interests in fictitious prime bank trading programs involving medium term notes or MTNs. Corriere allegedly promised investors a return of 100 percent per week, guaranteed investors that they could not lose their initial investment, and told investors that these trading programs were risk- free and safe. According to the Commission's complaint, these trading programs do not exist, investors never received the returns promised, and most investors lost their initial investment. In addition, the complaint alleged that Corriere diverted some investor funds for personal use. The complaint alleged that, by this conduct, Corriere violated 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 action is ongoing. This case is part of the Commission's continuing effort to combat prime bank fraud and to alert the public to the risks posed by these phony investments. The risk of this type of fraud and warnings about how to avoid it are spelled out in the Interagency Advisory: Warning Concerning "Prime Bank" Notes, Guarantees, and Letters of Credit and Similar Financial Instruments (October 21, 1993), which is discussed on the Commission's Homepage at http://www.sec.gov/divisions/enforce/primebank.shtml. The Commission wishes to thank the Portland, Oregon Field Office of the Federal Bureau of Investigation for its assistance in this matter. [SEC v. Sebastian Corriere, et al., U.S. District Court for the Middle District of Florida (Tampa Division), Civil Action No. 8:02-CV-666-T17EAJ (M.D. Fla.)] (LR- 17582) PERMANENT INJUNCTION, ASSET FREEZE, AND OTHER RELIEF ORDERED IN FRAUDULENT HEDGE FUND OFFERING On June 20, the Commission obtained an Order of Permanent Injunction and Other Equitable Relief (Order of Permanent Injunction) against defendants House Edge, L.P. (Hedge Fund), House Asset Management, L.L.C. (Adviser), Paul J. House (House), and Brandon R. Moore (Moore), enjoining them from violating the antifraud and registration provisions of the federal securities laws. The Order of Permanent Injunction also freezes the assets of the Hedge Fund, the Adviser, House, and Moore pending resolution of the appropriate amount of disgorgement and civil penalties, requires the defendants to give an accounting, prohibits document destruction and permits expedited discovery. The defendants consented to the Order of Permanent Injunction without admitting or denying the allegations of the Commission's complaint. In its complaint, the Commission alleged that, from at least March 2000 to the present, the defendants conducted an unregistered offering of units in the Hedge Fund, raising approximately $2.9 million from approximately 60 investors. The complaint alleged that House and Moore controlled the Hedge Fund. The complaint further alleged that the defendants, in Hedge Fund offering materials, falsely claimed that the Hedge Fund had used a sophisticated securities trading program to generate cumulative returns of 148% since its inception in March 2000. In reality, the complaint alleged, the Hedge Fund had lost at least $850,000 since its inception, and House and Moore had used more than $400,000 in investor proceeds to buy real estate for themselves. The Complaint also alleged that the defendants made false and misleading statements about House's background in Hedge Fund offering materials. [SEC v. House Asset Management, L.L.C., House Edge, L.P., Paul J. House, and Brandon R. Moore, U.S. District Court for the Central District of Illinois, Civil Action No. 02-2147 (McCuskey, J.)] (LR-17583) DALLAS LAW FIRM AGREES TO PAY $1.2 MILLION FOR VIOLATING COURT ORDER IN SEC ENFORCEMENT ACTION The Commission announced today that the Dallas law firm Gardere Wynne Sewell LLP has agreed to pay $1.2 million for violating a court order in a pending SEC civil lawsuit against Sharp Capital Advisors Inc., one of the law firm's former clients. For 18 months, Gardere failed to produce 27 boxes of Sharp's records in its possession that the court had ordered produced. The $1.2 million being paid will be used to compensate investors who lost money in the scheme underlying the SEC's suit. Sharp is a former registered investment adviser that catered to Mexican and other Latin American investors. The SEC lawsuit against Sharp alleged that the company and its principal, Mauricio Gutierrez, lost as much as $80 million of client funds in highly leveraged investments in speculative securities of Eastern European and South American companies without client knowledge or authorization. In November 1998, the SEC obtained emergency orders from the U.S. District Court for the Northern District of Texas freezing the assets of Sharp and Gutierrez and appointing a Special Master to collect and maintain the assets for the benefit of Sharp's advisory clients. The orders directed Sharp, Gutierrez, and their agents immediately to provide to the Special Master all non-privileged books, records and documents relating to Sharp's activities and cooperate with the Special Master by promptly and honestly responding to all requests for information. Sharp and Gutierrez agreed to the court orders. As their attorney, Gardere represented Sharp and Gutierrez and negotiated the terms and language of the orders on their behalf. But Gardere failed to turn over to the Special Master 27 boxes of Sharp's records until 18 months after the entry of the orders. The boxes contained relevant documents not previously produced to the Special Master. "The SEC's efforts to seek damages against a law firm in this case emphasize the importance the agency places on compliance with court orders issued in its enforcement actions," said Spencer C. Barasch, the Associate Administrator for the SEC's Fort Worth office. "The SEC is committed to seeking reparation or sanctions against those who interfere with its law enforcement processes." As a result of Gardere's failure to timely deliver these records, the Special Master's efforts to administer the assets maintained for investors was significantly impaired. The SEC and Special Master believe that the $1.2 million being paid is appropriate compensation for the damages caused by Gardere's failure to comply with the court orders. Gardere's agreement to settle the claims of the SEC and Special Master for this amount is subject to court approval. In the past three years, 11 individuals have been ordered to jail for violating SEC court orders in actions brought by the Commission's Fort Worth office alone. Previously in the Sharp litigation, the Special Master recovered more than $17 million, much of which already has been distributed to victims of the scheme. In addition, Gutierrez has pleaded guilty to criminal fraud charges brought by a federal grand jury in conjunction with the U.S. Attorney's Office for the Northern District of Texas and is awaiting sentencing. For further information about the Sharp litigation, see SEC Litigation Release No. 16946. [SEC v. Sharp Capital, Inc., et al., Civil Action No. 3:98-CV2792-G, USDC/NDTX/Dallas Division] (LR-17584; Press Rel. 2002-93) INVESTMENT COMPANY ACT RELEASES JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK, ET AL. A notice has been issued giving interested persons until July 12, 2002, to request a hearing on an application filed by Jackson National Life Insurance Company of New York (JNLNY), JNLNY Separate Account - I and Jackson National Life Distributors, Inc. (collectively, Applicants). Applicants seek an order under Section 6(c) of the Investment Company Act granting exemptions from Sections 2(a)(32) and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder to permit the recapture of certain contract enhancements applied to purchase payments made under certain variable annuity contracts issued by JNLNY. (Rel. IC-25620 - June 20) HOLDING COMPANY ACT RELEASES ALLIANT ENERGY CORPORATION, ET AL. An order has been issued authorizing certain proposals by Alliant Energy Corp. (Alliant Energy), a registered holding company, Interstate Power and Light Company, a public-utility company subsidiary of Alliant Energy, Alliant Energy Corporate Services, Inc., a direct service company subsidiary of Alliant Energy, Alliant Energy Resources, Inc. (AER), a direct nonutility subsidiary of Alliant Energy, and a number of AER's direct and indirect nonutility subsidiaries, relating to changes to the operations of Alliant Energy's utility and nonutility system money pools. (Rel. 35-27542) SELF-REGULATORY ORGANIZATIONS PROPOSED RULE CHANGE The Pacific Exchange filed a proposed rule change and Amendment No. 1 thereto (SR-PCX-2001-17) under Section 19(b) of the Securities Exchange Act of 1934 relating to Auto-Ex price Incentive for Market Makers. Publication of the notice in the Federal Register is expected during the week of June 24. (Rel. 34-46096) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change filed by the National Association of Securities Dealers to require members to post margin disclosure and day-trading risk disclosure statements on websites (SR-NASD-2002-69) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal in the Federal Register is expected during the week of June 24. (Rel. 34-46097) A proposed rule change (SR-CBOE-2002-33) filed by the Chicago Board Options Exchange to adopt an order identification rule for market maker and specialist orders has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 24. (Rel. 34- 46102) APPROVAL OF PROPOSED RULE CHANGES The Commission approved a proposed rule change submitted (SR-PCX-2002- 11) by the Pacific Exchange to limit the number of exchange memberships that any person, associated person, or group of associated persons may own. Publication of the proposal is expected in the Federal Register during the week of June 24. (Rel. 34-46098) The Commission approved a proposed rule change (SR-CHX-2002-12) submitted under Rule 19b-4 by the Chicago Stock Exchange to amend the rules relating to the composition of the CHX's Minor Rule Violation Panel. Publication of the order in the Federal Register is expected during the week of June 24. (Rel. 34-46104) 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 SALTON INC, 550 BUSINESS CENTER DR, C/O KENSINGTON CENTER, MOUNT PROSPECT, IL, 60056, 7088034600 - 600,000 ($7,656,000.00) Equity, (File 333-91012 - Jun. 24) (BR. 02) S-4 NEWFIELD EXPLORATION CO /DE/, 363 N SAM HOUSTON PKWY E, STE 2020, HOUSTON, TX, 77060, 2818476000 - 0 ($244,645,459.00) Equity, (File 333-91014 - Jun. 24) (BR. 04) S-8 PRIME HOLDINGS & INVESTMENTS INC, 8275 S EASTERN AVENUE, SUITE 200, LAS VEGAS, NV, 89123, 7029908489 - 75,000 ($26,250.00) Equity, (File 333-91036 - Jun. 24) (BR. 08) S-8 REVLON INC /DE/, 625 MADISON AVENUE, NEW YORK, NY, 10022, 2125274000 - 2,000,000 ($9,900,000.00) Equity, (File 333-91038 - Jun. 24) (BR. 02) S-8 REVLON INC /DE/, 625 MADISON AVENUE, NEW YORK, NY, 10022, 2125274000 - 530,000 ($2,623,500.00) Equity, (File 333-91040 - Jun. 24) (BR. 02) S-8 USFREIGHTWAYS CORP, 8550 W BRYN MAWR AVE, SUITE 700, CHICAGO, IL, 60631, 8476960200 - 25,000 ($894,000.00) Equity, (File 333-91042 - Jun. 24) (BR. 05) S-8 SERVICE CORPORATION INTERNATIONAL, 1929 ALLEN PKWY, P O BOX 130548, HOUSTON, TX, 77019, 7135225141 - 10,000,000 ($40,000,000.00) Equity, (File 333-91046 - Jun. 24) (BR. 08) S-1 HORIZON NATURAL RESOURCES CO, 1500 NORTH BIG RUN ROAD, ASHLAND, KY, 41102, 6069280450 - 7,821,893 ($95,818,189.25) Equity, (File 333-91048 - Jun. 24) (BR. ) S-8 WESTSTAR FINANCIAL SERVICES CORP, 79 WOODFIN PLACE, ASHEVILLE, NC, 28801, 8282322902 - 139,370 ($1,082,904.90) Equity, (File 333-91052 - Jun. 24) (BR. 07) S-8 CITIZENS COMMUNICATIONS CO, HIGH RIDGE PK BLDG 3, P O BOX 3801, STAMFORD, CT, 06905, 2033298800 - 2,500,000 ($22,975,000.00) Equity, (File 333-91054 - Jun. 24) (BR. 02) S-8 INTUIT INC, 2535 GARCIA AVE, MOUNTAIN VIEW, CA, 94043, 4159446000 - 191,690 ($7,462,491.70) Equity, (File 333-91056 - Jun. 24) (BR. 03) S-8 HALLIBURTON CO, 3600 LINCOLN PLZ, 500 N AKARD ST, DALLAS, TX, 75201-3391, 2149782600 - 12,000,000 ($195,900,000.00) Equity, (File 333-91058 - Jun. 24) (BR. 04) S-3 LOUDCLOUD INC, 599 N MATHILDA AVENUE, SUNNYVALE, CA, 94086, 2,046,385 ($2,496,590.00) Equity, (File 333-91064 - Jun. 24) (BR. 08) S-8 ARS NETWORKS INC, 100 WALNUT STREET, CHAMPLAIN, NY, 12919, 5182982042 - 5,000,000 ($350,000.00) Equity, (File 333-91066 - Jun. 24) (BR. 05) S-8 CYTRX CORP, 154 TECHNOLOGY PKWY, TECHNOLOGY PARK/ATLANTA, NORCROSS, GA, 30092, 4043689500 - 17,074,274 ($1,672,427.00) Equity, (File 333-91068 - Jun. 24) (BR. 01) S-8 OCCAM NETWORKS INC/DE, 77 ROBIN HILL ROAD, SANTA BARBARA, CA, 93117, (805) 692-2900 - 24,294,169 ($1,943,533.52) Equity, (File 333-91070 - Jun. 24) (BR. 03) S-8 OCCAM NETWORKS INC/DE, 77 ROBIN HILL ROAD, SANTA BARBARA, CA, 93117, (805) 692-2900 - 3,038,570 ($668,485.40) Equity, (File 333-91072 - Jun. 24) (BR. 03) S-4 LEVCOR INTERNATIONAL INC, 1071 AVENUE OF THE AMERICAS, NEW YORK, NY, 10018, 2032647428 - 0 ($4,598,504.00) Equity, (File 333-91074 - Jun. 24) (BR. 02) S-8 DALECO RESOURCES CORP, 983 OLD EAGLE SCHOOL ROAD, SUITE 615, WAYNE, PA, 19087, 6102939400 - 146,301 ($98,460.77) Equity, (File 333-91076 - Jun. 24) (BR. 04) S-8 COBRA ELECTRONICS CORP, 6460 W CORTLAND ST, CHICAGO, IL, 60635, 3128898870 - 0 ($197,500.00) Equity, (File 333-91078 - Jun. 24) (BR. 37) N-2 BLACKROCK MUNICIPAL INCOME TRUST II, 40 EAST 52ND STREET, NEW YORK, NY, 10022, 2127545300 - 100,000 ($1,500,000.00) Equity, (File 333-91080 - Jun. 24) (BR. 22) N-2 BLACKROCK NEW YORK MUNICIPAL INCOME TRUST II, 40 EAST 52ND STREET, NEW YORK, NY, 10022, 2127545300 - 100,000 ($1,500,000.00) Equity, (File 333-91082 - Jun. 24) (BR. 22) N-2 BLACKROCK CALIFORNIA MUNICIPAL INCOME TRUST II, 40 EAST 52ND STREET, NEW YORK, NY, 10022, 2127545300 - 100,000 ($1,500,000.00) Equity, (File 333-91084 - Jun. 24) (BR. 22) S-8 WHOLE FOODS MARKET INC, 601 N LAMAR BLVD, STE 300, AUSTIN, TX, 78703, 5124774455 - 40,000 ($1,859,600.00) Equity, (File 333-91086 - Jun. 24) (BR. 02) S-3 CONCERTO SOFTWARE INC, 6 TECHNOLOGY PARK DR, WESTFORD, MA, 01886, 5089520200 - 0 ($928,955.04) Equity, (File 333-91088 - Jun. 24) (BR. 03) S-3 HOLLYWOOD MEDIA CORP, 2255 GLADES RD, STE 237 W, BOCA RATON, FL, 33431, 5619988000 - 2,779,980 ($5,281,961.00) Equity, (File 333-91090 - Jun. 24) (BR. 02) S-3 COLLINS & AIKMAN CORP, 5755 NEW KING CT, TROY, MI, 48098, 2488242500 - 0 ($72,626,637.50) Equity, (File 333-91092 - Jun. 24) (BR. 02) S-8 LITTLE SWITZERLAND INC/DE, 161-B CROWN BAY CRUISE SHIP PORT, ST THOMAS VIRGIN ISL, V1, 00802, 3407762010 - 0 ($504,000.00) Equity, (File 333-91094 - Jun. 24) (BR. 02) 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 --------------------------------------------------------------------------------- AAMES FINANCIAL CORP/DE DE X 06/21/02 ACCREDO HEALTH INC DE X X 06/13/02 ACTERNA CORP DE X X X 06/24/02 AETHER SYSTEMS INC DE X X 06/12/02 AMEND AIRGATE PCS INC /DE/ DE X 06/19/02 AMEND AMERICAN CONSOLIDATED MINING CO UT X 06/12/02 AMERICAN TECHNOLOGY CORP /DE/ DE X X 06/24/02 ANC RENTAL CORP DE X X 06/24/02 ANTHRACITE CAPITAL INC MD X X 06/20/02 AOL TIME WARNER INC DE X X 06/24/02 B&G FOODS INC DE X X 06/24/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 06/24/02 BANK OF AMERICA MORTGAGE SECURITIES I DE X X 06/24/02 BEAR STEARNS COMPANIES INC DE X X 06/20/02 BIOENVISION INC DE X X 06/24/02 BIOMARIN PHARMACEUTICAL INC DE X 06/24/02 BLACK BOX CORP DE X X 06/24/02 BOGEN COMMUNICATIONS INTERNATIONAL IN DE X 06/24/02 BUCYRUS INTERNATIONAL INC DE X X 06/18/02 BUCYRUS INTERNATIONAL INC DE X X 06/18/02 BUILDING MATERIALS CORP OF AMERICA DE X X 06/17/02 CABLE TV FUND 12-B LTD CO X X 06/24/02 CABLE TV FUND 12-C LTD CO X X 06/24/02 CABLE TV FUND 12-D LTD CO X X 06/24/02 CABLE TV FUND 14 B LTD CO X X 06/24/02 CABLE TV FUND 14-A LTD CO X X 06/24/02 CADDO ENTERPRISES INC NV X 03/28/02 AMEND CASH SYSTEMS INC DE X 06/24/02 CATEGORY 5 TECHNOLOGIES INC NV X X X 04/10/02 AMEND CH2M HILL COMPANIES LTD OR X X 06/24/02 CIT EQUIPMENT COLLATERAL 2002-VT1 DE X 06/18/02 CLARION TECHNOLOGIES INC/DE/ DE X 05/01/02 CLECO CORP LA X X 06/24/02 COLE COMPUTER CORP NV X 08/25/01 AMEND CONTINENTAL INFORMATION SYSTEMS CORP NY X 06/20/02 COOPER INDUSTRIES LTD X X X 06/21/02 CORECOMM LTD /DE/ DE X X 06/24/02 CORTEX SYSTEMS INC NV X 06/24/02 CRT CORP NV X 06/21/02 CRT CORP NV X 06/21/02 CSFB MORTGAGE PASS THROUGH CERTIFICAT DE X X 03/25/02 CVEO CORP MA X X X 06/04/02 CYTEC INDUSTRIES INC/DE/ DE X 06/18/02 DAIRY MART CONVENIENCE STORES INC DE X X 06/17/02 DAYTON SUPERIOR CORP OH X X 06/21/02 DQE INC PA X X 06/20/02 DT INDUSTRIES INC DE X X 06/21/02 EAGLE SUPPLY GROUP INC DE X 06/19/02 AMEND EDGE TECHNOLOGY GROUP INC DE X X 04/08/02 AMEND ELECTROGLAS INC DE X X 06/20/02 EMAGIN CORP NV X X 06/18/02 EMERGING VISION INC NY X 06/18/02 ENDO PHARMACEUTICALS HOLDINGS INC DE X X 06/24/02 ENERGY CORP OF AMERICA WV X 06/24/02 FIRST SIERRA RECEIVABLES III INC DE X X 06/01/02 FOUNDRY NETWORKS INC DE X 06/24/02 GENERAL MOTORS CORP DE X 06/24/02 GENESCO INC TN X 06/24/02 GENOME THERAPEUTICS CORP MA X X 06/24/02 GLIMCHER REALTY TRUST MD X X 06/24/02 GRANT PRIDECO INC DE X X 06/24/02 GUILFORD MILLS INC DE X 06/24/02 HELLER EQUIPMENT ASSET RECEIVABLES TR DE X X 06/13/02 HELLER EQUIPMENT ASSET RECEIVABLES TR DE X X 06/14/02 HERITAGE COMPANIES INC NV X 06/17/02 HPL TECHNOLOGIES INC DE X 04/10/02 AMEND HUGHES ELECTRONICS CORP DE X 06/24/02 IDACORP INC ID X 06/24/02 IMAGEMAX INC PA X X 06/14/02 IMPAC SECURED ASSETS CORP CA X 06/24/02 IMPAC SECURED ASSETS CORP CA X 06/24/02 IMPERIAL PARKING CORP DE X X 06/18/02 IMPROVENET INC DE X X 06/10/02 INTERNATIONAL SHIPHOLDING CORP DE X X 06/21/02 INTERNATIONAL SPECIALTY HOLDINGS INC X X 06/20/02 INTERNATIONAL SPECIALTY PRODUCTS INC DE X X 06/20/02 INTERNATIONAL SPEEDWAY CORP FL X 06/24/02 INTUIT INC DE X 06/20/02 IONICS INC MA X 06/24/02 IPC HOLDINGS LTD X X 06/14/02 ISP CHEMCO INC X X 06/20/02 IVAX DIAGNOSTICS INC DE X X 06/21/02 JOULE INC DE X 06/21/02 KANAKARIS WIRELESS NV X X X 04/08/02 AMEND KARTS INTERNATIONAL INC NV X X 06/24/02 MARKET AMERICA INC NC X X 06/24/02 MARVELL TECHNOLOGY GROUP LTD D0 X 06/21/02 MASCO CORP /DE/ DE X X 06/19/02 MATRIXONE INC DE X X 06/24/02 MDI ENTERTAINMENT INC DE X X 06/24/02 AMEND MEDIA 100 INC DE X X 06/19/02 MERRILL LYNCH MORTGAGE INVESTORS INC DE X X 06/20/02 METALS USA INC DE X X 06/21/02 METALS USA INC DE X X 06/24/02 METROPOLITAN FINANCIAL CORP /OH/ OH X X 06/17/02 METWOOD INC NV X X 06/10/02 MOHEGAN TRIBAL GAMING AUTHORITY X X 06/21/02 MTS INC CA X X 06/24/02 NATIONAL WINE & SPIRITS INC IN X X 06/11/02 AMEND NATIONWIDE FINANCIAL SERVICES INC/ DE X X 06/19/02 NORTEK INC DE X X 06/20/02 NUI CORP /NJ/ NJ X 06/20/02 OCEANEERING INTERNATIONAL INC DE X X 06/18/02 ONEOK INC /NEW/ OK X X 06/21/02 OSHKOSH TRUCK CORP WI X X 06/24/02 PARAGON TECHNOLOGIES INC PA X 06/30/02 PECO II INC OH X X 06/24/02 PEROT SYSTEMS CORP DE X X 06/20/02 PHOTOMEDEX INC DE X 06/13/02 PLAINS RESOURCES INC DE X X 06/21/02 REPUBLIC SERVICES INC DE X X 06/21/02 RESIDENTIAL ASSET SECURITIES CORP DE X X 06/24/02 RITE AID CORP DE X X 06/21/02 SBC COMMUNICATIONS INC DE X 03/31/02 SCOTTS COMPANY OH X X 06/24/02 SMITH INTERNATIONAL INC DE X X 06/24/02 SONEX RESEARCH INC MD X 06/24/02 SOUTHWALL TECHNOLOGIES INC /DE/ DE X X 06/24/02 SPARTA SURGICAL CORP DE X 06/19/02 SPARTAN STORES INC MI X X 06/24/02 SPECTRASITE HOLDINGS INC DE X X 06/21/02 SPEEDWAY MOTORSPORTS INC DE X X 06/24/02 STRUCTURED ASSET SECURITIES CORP DE X X 06/24/02 STRUCTURED PRODUCTS CORP DE X 06/01/02 SURGILIGHT INC DE X X 04/19/02 SURGILIGHT INC DE X X 04/19/02 SURMODICS INC MN X X 06/24/02 TB WOODS CORP DE X X 06/24/02 TECHNOLOGY FLAVORS & FRAGRANCES INC DE X X 06/18/02 TII NETWORK TECHNOLOGIES INC DE X X 06/21/02 TIME WARNER ENTERTAINMENT CO L P DE X X 06/24/02 U S PLASTIC LUMBER CORP NV X 05/29/02 UAL CORP /DE/ DE X X 06/24/02 UNITED PARK CITY MINES CO DE X 06/24/02 VERITAS DGC INC DE X X 06/21/02 VESTIN FUND I LLC NV X 06/10/02 VESTIN FUND II LLC X 06/10/02 VORNADO REALTY LP DE X X 06/19/02 VOYAGER ENTERTAINMENT INTERNATIONAL I ND X 05/21/02 W HOLDING CO INC PR X X 06/17/02 WASHINGTON GROUP INTERNATIONAL INC DE X X 06/21/02 WELLS FARGO ASSET SECURITIES CORP DE X X 06/24/02 WILLIAMS COMPANIES INC DE X X 06/18/02 WILLIAMS COMPANIES INC DE X X 06/19/02 WIZBANG TECHNOLOGIES INC X 06/24/02 WORLD FINANCIAL NETWORK CREDIT CARD M NY X 06/17/02 WORLD FINANCIAL NETWORK NATIONAL BANK OH X 06/17/02 WORLD OMNI AUTO RECEIVABLES LLC DE X X 06/24/02 XEROX CORP NY X 06/24/02 XEROX CREDIT CORP DE X 06/24/02 XM SATELLITE RADIO INC DE X X 06/24/02 ZOMAX INC /MN/ MN X X 06/24/02