SEC NEWS DIGEST Issue 2003-42 March 5, 2003 COMMISSION ANNOUNCEMENTS STATEMENT OF THE COMMISSION REGARDING SELECTION PROCESS FOR CHAIRPERSON OF THE PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD (PCAOB) On March 4, the Commission announced that it adopted a process for conducting an intensive search to promptly select a Chairperson of the five-member Public Company Accounting Oversight Board (PCAOB). The plan calls for the Chairman, the Commissioners, and the staff to reach out and solicit input from a variety of sources, including key members of Congress, investor advocates, academics, and members of the business community. "As I said in my testimony before the Senate Banking Committee, the selection of a Chairperson for the Public Company Accounting Oversight Board is my number one priority. I am pleased that my fellow Commissioners and I have been able to build upon the recommendations of the General Accounting Office and quickly devise a thorough and expeditious process to identify and vet potential candidates," said William Donaldson, Chairman of the Securities and Exchange Commission. Chairman Donaldson went on to say, "I commend Commissioners Glassman, Goldschmid, Atkins and Campos as well as the staff of the SEC for their dedication to establishing a fair and inclusive process, and I look forward to working with them to select an outstanding individual to lead the PCAOB," The Commission begins this search today by encouraging anyone to nominate interested, qualified individuals by submitting a current resume, a brief (one-page or less) summary of qualifications and names of at least three references by March 14, 2003. Those who were considered during the last search, who remain interested, are also encouraged to communicate their continuing interest. The SEC staff will incorporate new suggestions, update the list of qualified candidates and circulate it to the members of the Commission. The Chairman and the Commissioners will narrow that list based on the criteria in the Sarbanes-Oxley legislation, additional criteria that the Commission finds desirable, but not mandatory (attached), and the individual's willingness to serve. Each candidate on the narrowed list will undergo a preliminary vetting process. Upon completion, each member of the Commission will interview the leading candidates and a thorough background review will be completed. Following this review and consultation with the Chairman of the Federal Reserve and Secretary of the Treasury, as required, the Commission will vote to approve the appointment of a Chairperson. Interested individuals should please send the relevant information by fax to 202-942-9555; by e-mail to rsvp@sec.gov; or by overnight mail, to the attention of Susan Ferris Wyderko, Director, Office of Investor Education and Assistance, 450 5th Street NW, Washington, DC 20549-0213. (Press Rel. 2003-28) JAMES MCCONNELL TO TESTIFY James M. McConnell, Executive Director of the Commission, will testify before the House Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises on Thursday, March 6 concerning H.R. 658, the proposed "Accountant, Compliance, and Enforcement Staffing Act of 2003." The hearing will begin at 10:00 a.m. in Room 2128 of the Rayburn House Office Building. ENFORCEMENT PROCEEDINGS SEC CHARGES TRUSERV CORPORATION WITH FINANCIAL REPORTING, BOOKS AND RECORDS AND INTERNAL CONTROLS VIOLATIONS On March 4, the Commission instituted settled cease-and-desist proceedings against TruServ Corporation (TruServ). TruServ is a hardware store buying cooperative headquartered in Chicago Illinois. TruServ is required to file periodic statements with the Commission, but its stock is not publicly traded. The case involves violations of the reporting, books and records, and internal controls provisions of the Securities Exchange Act of 1934 (Exchange Act). Without admitting or denying the allegations in the Order Instituting Cease-and-Desist Proceedings, Making Findings and Imposing Cease-and- Desist Order Pursuant to Section 21C of the Securities Exchange Act of 1934, TruServ has consented to the entry of an order ordering it to cease and desist from committing or causing any violations or any future violations of Sections 13(b)(2)(A), 13(b)(2)(B) and 15(d) of the Exchange Act, and Rules 12b-20, 15d-1 and 15d-13 thereunder. TruServ has also agreed to the imposition of certain undertakings over the next three years, designed to ensure its compliance with the federal securities laws. The Order issued by the Commission contains the following findings: from approximately July 1997 through the end of 1999, TruServ's accounting systems and internal controls related to inventory management were inadequate. The Order finds that these deficiencies caused TruServ to understate expenses, which resulted in overstatement of net income, during 1998 and 1999. According to the Order, TruServ filed erroneous Forms 10Q for the first, second and third quarters of 1999 and 1998, and an erroneous Form 10K in 1998. In 1999, TruServ reported a loss, caused by weaknesses in the accounting practice and internal controls at TruServ, of more than $131 million. The largest component of the $131 million loss represented adjustments to inventory and merchandise payable. Specifically, TruServ had in 1998 and the first three quarters of 1999 misstated accounts including unbilled merchandise, claims for returned merchandise from members, and additional stock adjustments including lost and found merchandise, damaged goods, and others. The Order also finds that TruServ and its senior management had notice of the company's internal control problems as early as February 1997, through a report prepared by the internal audit department. The report noted several specific, recurring problems in data entry concerning inventory management that caused significant discrepancies in TruServ's inventory records. According to the Order, no one acted on the 1997 report, even though it concluded that the company did not have adequate internal controls over its inventory systems. The Order also finds that in 2000, TruServ investigated the causes of the inventory and merchandise payable adjustments, and that it adopted several changes in procedure to correct accounting weaknesses, and to prevent problems from occurring in the future. (Rel. 34-47439; AAE Rel. 1727; File No. 3-11050) SEC CHARGES FORMER CHIEF FINANCIAL OFFICER OF TRUSERV CORPORATION WITH CAUSING THE COMPANY'S VIOLATIONS OF FINANCIAL REPORTING, BOOKS AND RECORDS AND INTERNAL CONTROLS LAWS On March 4, the Commission instituted settled cease-and-desist proceedings against Kerry Kirby (Kirby), a former chief financial officer of TruServ Corporation (TruServ). The case involves violations of the reporting, books and records, and internal controls provisions of the Securities Exchange Act of 1934 (Exchange Act). Without admitting or denying the allegations in the Order Instituting Cease-and-Desist Proceedings, Making Findings and Imposing Cease-and- Desist Order Pursuant to Section 21C of the Securities Exchange Act of 1934, Kirby has consented to the entry of an Order ordering him to cease and desist from causing any violations and any future violations of Sections 13(b)(2)(A), 13(b)(2)(B) and 15(d) of the Exchange Act, and Rules 12b-20, 15d-1 and 15d-13 thereunder. The Order issued by the Commission contains the following findings: from approximately July 1997 through the end of 1999, TruServ's accounting systems and internal controls related to inventory management were inadequate. The Order finds that these deficiencies caused TruServ to understate expenses, which resulted in overstatement of net income, during 1998 and 1999. According to the Order, TruServ filed erroneous Forms 10Q for the first, second and third quarters of 1999 and 1998, and an erroneous Form 10K in 1998. In 1999, TruServ reported a loss, caused by weaknesses in the accounting practice and internal controls at TruServ, of more than $131 million. The largest component of the $131 million loss represented adjustments to inventory and merchandise payable. Specifically, TruServ had in 1998 and the first three quarters of 1999 misstated accounts including unbilled merchandise, claims for returned merchandise from members, and additional stock adjustments including lost and found merchandise, damaged goods, and others. The Order also finds that TruServ and Kirby had notice of the company's internal control problems as early as February 1997, through a report prepared by the internal audit department. The report noted several specific, recurring problems in data entry concerning inventory management that caused significant discrepancies in TruServ's inventory records. According to the Order, Kirby did not act on the 1997 report, even though the report concluded that the company did not have adequate internal controls over its inventory systems. The Order also finds that, in part due to his failure to act on a report that announced that the company's inventory accounting systems were flawed, Kirby caused TruServ's violations of securities laws requiring accurate financial reporting, accurate books and records, and adequate internal controls. (Rel. 34-47440; AAE Rel. 1728; File No. 3-11053) PERMANENT INJUNCTION ENTERED IN FRAUD ACTION AGAINST LERNOUT & HAUSPIE SPEECH PRODUCTS On Feb. 28, 2003, the U.S. District Court of the District of Columbia entered a permanent injunction against Lernout & Hauspie Speech Products, N.V., a developer, licensor, and provider of speech and language technologies, headquartered in Belgium and Massachusetts. According to the Commission's complaint, from 1996 through the second quarter of 2000, while its common stock was listed on the Nasdaq National Market System and Nasdaq Europe, Lernout & Hauspie engaged in a variety of fraudulent schemes to inflate its reported revenue and income. The result of this conduct was an international financial scandal and a loss of at least $8.6 billion dollars in market capitalization, borne by investors in Belgium, the United States and elsewhere. The Court's Order permanently enjoins Lernout & Hauspie from violating the antifraud, reporting, books and records and internal controls provisions of the federal securities laws. Lernout & Hauspie consented to the entry of the Order. In a related matter, on March 4, 2003, Lernout & Hauspie consented to the entry of an order revoking the registration of its common stock. In its Order, the Commission found that Lernout & Hauspie included materially false and misleading financial information in its Annual Reports for 1996, 1997, 1998 and 1999 and in its Quarterly Reports for the first two quarters of 2000, and failed to file annual or quarterly reports for any subsequent period. The Commission's investigation is continuing with respect to other persons and entities. [SEC v. Lernout & Hauspie Speech Products, N.V. Civ. No. 1:02CV01992, D.D.C.] (LR-18014; AAE Rel. 1729); (Administrative Proceeding - Rel. 34-47442; AAE Rel. 1730; File No. 3-11054) FINAL JUDGMENT SETTING PERMANENT INJUNCTION AND CIVIL MONETARY PENALTY ENTERED AGAINST RONALD GOLDBERG IN INTERNET STOCK FRAUD The Commission announced that on Feb. 21, 2003, the Honorable Jose E. Martinez, United States District Court Judge for the Southern District of Florida, entered a Final Judgment of Permanent Injunction and Other Relief (Final Judgment) against Ronald J. Goldberg (Goldberg) in the matter of SEC v. Ronald J. Goldberg (S.D. Fla.), 00-4809-Civ (Martinez/Dube). The final judgment ordered Goldberg to pay a $200,000 civil penalty. The Court enjoined Goldberg from violating the antifraud provisions of 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. According to the complaint, which was filed on Sept. 1, 2000, Goldberg attempted to sell securities on the Internet through fraudulent means while incarcerated at the United States Penitentiary in Atlanta, Georgia. From February through May 2000, Goldberg directed an associate to post false and misleading advertisements for the offer or sale of the stock of GlobeNet Capital Corp. (GlobeNet) on the eBay and Yahoo! Internet auction sites. The auction site postings stated, among other things, that a GlobeNet initial public offering (IPO) was expected in the second (or third) quarter of 2000, and that following the IPO, GlobeNet stock would begin trading at between $22-$23 per share. Goldberg's postings were false and misleading because Goldberg had no reasonable basis to represent either the timing of an IPO of GlobeNet stock or the price at which the stock might trade following an IPO. Goldberg made the representations in order to sell shares of GlobeNet stock at a profit. For further information, see LR-16678 (Sept. 5, 2000). [SEC v. Ronald J. Goldberg, S.D. Fla., 00-4809-CIV (MARTINEZ/DUBE)] (LR- 18013) DEFENDANT PAUL MONTLE FOUND IN CONTEMPT FOR FAILURE TO PAY $415,000 JUDGMENT; COURT FINDS DEFENDANT MONTLE HID ASSETS AND ORDERS PAYMENTS ON JUDGMENT BE MADE The Commission announced today that on March 3 the Honorable Milton Pollack, U.S. District Judge for the Southern District of New York, found defendant Paul J. Montle (Montle) in contempt for failure to pay the Commission's $415,000 judgment (Judgment) against him. The Court ordered Montle to pay the July 12, 2001 Judgment in monthly installments of $10,000 (beginning March 13) and to turnover assets to the Commission. In 1998, the Commission brought a civil enforcement action in the Southern District of New York against Montle as the lead figure in a series of federal securities law violations, which essentially included: (1) publishing, or causing to be published, numerous false and baseless sales reports and projections regarding Viral Testing Systems Corporation; (2) making false statements in Commission filings regarding Lone Star Casino Corporation; and (3) orchestrating a market- manipulation scheme designed to maintain and raise artificially the stock price of RMS Titanic, Inc. On July 12, 2001, after a bench trial, Judge Pollack entered a judgment against Montle (the AJudgment@) on all counts alleged in the Commission's complaint. Judge Pollack: (1) permanently enjoined Montle from violating various sections of the federal securities laws, including, Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder; (2) ordered Montle to pay the Commission disgorgement plus pre-judgment interest thereon, totaling $365,092.25; (3) ordered Montle to pay a $50,000 civil penalty; (4) barred Montle for the period of five years from acting as an officer or director of a public company; and (5) prohibited Montle from participating, directly or indirectly, in the sale of securities pursuant to Regulations D and S of the Securities Act of 1933. Montle failed to pay the Judgment, and the Commission subsequently sought information from him concerning his assets. However, Montle refused to produce this information, and on January 17, 2002, Judge Pollack ordered Montle to do so. On January 30, 2002, after Montle still refused to provide the requested information (and to pay the Judgment), the Commission sought civil contempt sanctions against him. In a final attempt to avoid payment, Montle filed for bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of Texas. In April 2002, the Commission obtained a dismissal of Montle's bankruptcy proceeding, and the Commission renewed its request for contempt sanctions before Judge Pollack. Judge Pollack initially held that request in abeyance pending further investigation of Montle's assets. On Jan. 8, 2003, the Commission renewed its contempt motion against Montle in light of evidence that Montle had been hiding assets from the Commission. On March 3, 2003, Judge Pollack granted the Commission's contempt motion and ordered Montle to pay the Commission in monthly installments of $10,000, with the first payment due March 13, 2003. Additionally, Judge Pollack ordered Montle to produce information to the Commission regarding his assets and to turn over certain assets. The order also allows the Commission to move the Court for an order of commitment if Montle "disobeys this Order in any respect." Judge Pollack found that Montle had engaged in "obstructionism" by failing to produce key documents to the Commission. Judge Pollack further noted that Montle's "continuing refusal to pay a penny of the Judgment, at the same time that he maintained an admittedly extravagant lifestyle and hid assets, strikes this Court as contumacious conduct." [SEC v. Paul J. Montle, et al., 98 CV 3446 SDNY (MP)](LR-18015) INVESTMENT COMPANY ACT RELEASES ARK FUNDS, ET AL. An order has been issued on an application filed by ARK Funds, et al., exempting applicants from Sections 12(d)(1)(A) and (B), 17(a)(1), 17(a)(3), 18(f) and 21(b) of the Investment Company Act and permitting certain joint transactions under Section 17(d) of the Act and Rule 17d-1 under the Act. The order permits certain registered open-end investment companies to participate in a joint lending and borrowing facility. (Rel. IC-25950 - March 3) VAN KAMPEN INVESTMENT ADVISORY CORP., ET AL. An order has been issued on an application filed by Van Kampen Investment Advisory Corp., et al., under Section 6(c) of the Investment Company Act granting an exemption from Sections 18(c) and 18(i) of the Act, under Sections 6(c) and 23(c)(3) of the Act granting an exemption from Rule 23c-3 under the Act, and pursuant to Section 17(d) of the Act and Rule 17d-1 under the Act. The order permits certain registered closed-end management investment companies to issue multiple classes of shares and to impose varying sales charges, asset-based distribution fees and early withdrawal charges. (Rel. IC-25951 - March 3) OPPENHEIMER SELECT MANAGERS, ET AL. An order has been issued on an application filed by Oppenheimer Select Managers, et al. for an order granting an exemption from Section 15(a) of the Investment Company Act (Act) and Rule 18f-2 under the Act. The order permits the applicants to enter into and materially amend subadvisory agreements without shareholder approval and grants relief from certain disclosure requirements. (Rel. IC-25952 - March 4) HOLDING COMPANY ACT RELEASES EXELON CORPORATION A supplemental order has been issued authorizing a proposal by Exelon Corporation, a registered holding company; PECO Energy Company, an electric and gas utility company; Exelon Generation Company LLC, an electric utility generating subsidiary company; and InfraSource, Inc. (ISI) (formerly Exelon Infrastructure Services, Inc.) and Exelon Services, Inc. (ES), both indirect nonutility subsidiaries that provide infrastructure services. The supplemental order extends the interim period for an exemption from at-cost provisions for infrastructure services provided by ISI and ES under the prior order from Feb. 28, 2003, until Dec. 31, 2003. (Rel. 35-27656) SELF-REGULATORY ORGANIZATIONS WITHDRAWAL OF PROPOSED RULE CHANGE The Pacific Exchange withdrew from the Commission a proposed rule change (SR-PCX-2003-05) under Rule 19b-4 to provide for fees for certain options intermarket linkage orders. (Rel. 34-47428) PROPOSED RULE CHANGE The American Stock Exchange filed a proposed rule change (SR-Amex-2003- 08) to increase the maximum order size eligible for automatic execution on Auto-Ex to 500 contracts. Publication of the proposal is expected in the Federal Register during the week of March 3. (Rel. 34-47429) APPROVAL OF PROPOSED RULE CHANGE The Commission approved (SR-PCX-2002-09), the Pacific Exchange's proposal to allow the Options Floor Trading Committee to delegate to two floor officials the responsibility for making decisions with respect to certain Auto-Ex matters. Publication is expected in the Federal Register during the week of March 3. (Rel. 34-47430) IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES A proposed rule change (SR-Amex-2003-09) filed by the American Stock Exchange relating to the adoption of a per contract licensing fee for the iShares Goldman Sachs Corporate Bond Fund has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of March 3. (Rel. 34-47432) A proposed rule change (SR-NASD-2003-24) filed by the National Association of Securities Dealers to amend the NASD Registration Rules has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of March 3. (Rel. 34-47433) A proposed rule change filed by the National Association of Securities Dealers to extend the pilot program regarding the Regulatory Fee and the Trading Activity Fee (SR-NASD-2003-26) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of March 3. (Rel. 34-47436) A proposed rule change (SR-NASD-2003-21) filed by the National Association of Securities Dealers, through its subsidiary The Nasdaq Stock Market, Inc., to establish a pricing schedule for the use of Nasdaq Trading Applications' Tools Plus product by non-NASD members has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected in the Federal Register during the week of March 3. (Rel. 34-47437) 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 CEC ENTERTAINMENT INC, PO BOX 152077, IRVING, TX, 75015, 9722585403 - 0 ($34,692,000.00) Equity, (File 333-103572 - Mar. 4) (BR. 05) S-8 COORS ADOLPH CO, P.O. BOX 4030, MAIL #NH375, GOLDEN, CO, 80401, 3032773271 - 250,000 ($12,093,750.00) Equity, (File 333-103573 - Mar. 4) (BR. 02) S-8 TEXAS INSTRUMENTS INC, P.O. BOX 660199, DALLAS, TX, 75266, 9729953773 - 0 ($331,000,000.00) Equity, (File 333-103574 - Mar. 4) (BR. 36) S-8 VAALCO ENERGY INC /DE/, 4600 POST OAK PL STE 309, HOUSTON, TX, 77027, 7136230801 - 980,000 ($636,250.00) Equity, (File 333-103576 - Mar. 4) (BR. 04) S-8 TMI HOLDINGS INC/FL, 4463 PAHE'E STREET, SUITE 203-B, LIHUE, HI, 96766, 8083844622 - 250,000 ($190,000.00) Equity, (File 333-103578 - Mar. 4) (BR. 02) S-8 AVENTIS, 67917 STRASBOURG, CEDEX 9, STRASBOURG FRANCE, I0, 00000, 3314768123 - 0 ($90,380,000.00) ADRs/ADSs, (File 333-103579 - Mar. 4) (BR. 01) S-8 PRAXIS PHARMACEUTICALS INC/CN, 595 HORNBY STREET SUITE 600, VANCOUVER BC CANADA, A1, V6C 1A4, 604 685-0002 - 900,000 ($67,500.00) Equity, (File 333-103580 - Mar. 4) (BR. 01) S-8 CASCADE CORP, 2201 N.E. 201ST AVE., FAIRVIEW, OR, 97024-9718, 5036696300 - 0 ($18,618,991.00) Equity, (File 333-103581 - Mar. 4) (BR. 36) S-3 OLYMPIC CASCADE FINANCIAL CORP, 1001 FOURTH AVENUE, STE 2200, SEATTLE, WA, 98154, 3127518833 - 4,604,454 ($1,519,470.00) Equity, (File 333-103583 - Mar. 4) (BR. 07) S-8 WCM CAPITAL INC, 76 BEAVER ST, SUITE 500, NEW YORK, NY, 10005, 2123442828 - 12,700,000 ($127,000.00) Equity, (File 333-103584 - Mar. 4) (BR. 04) S-8 DELTA PETROLEUM CORP/CO, 475 17TH STREET SUITE 1400, DENVER, CO, 80202, 3032939133 - 2,000,000 ($6,471,750.00) Equity, (File 333-103585 - Mar. 4) (BR. 04) S-3 ILX RESORTS INC, 2111 E HIGHLAND AVE, STE 210, PHOENIX, AZ, 85016, 6029572777 - 300,000 ($2,476,500.00) Equity, (File 333-103586 - Mar. 4) (BR. 08) S-8 ENTERASYS NETWORKS INC /DE/, 35 INDUSTRIAL WAY, ROCHESTER, NH, 03867, 6033329400 - 0 ($19,831,698.00) Equity, (File 333-103587 - Mar. 4) (BR. 03) S-3 SEMPRA ENERGY, 101 ASH STREET, P O BOX 129400, SAN DIEGO, CA, 92101, 6196962000 - 0 ($2,000,000,000.00) Other, (File 333-103588 - Mar. 4) (BR. 02) S-8 MATERIAL TECHNOLOGIES INC /CA/, 11661 SAN VICENTE BOULEVARD, SUITE 707, LOS ANGELES, CA, 90049, 3102085589 - 20,000,000 ($260,000.00) Equity, (File 333-103589 - Mar. 4) (BR. 36) N-2 EVERGREEN INCOME ADVANTAGE FUND, 200 BERKELEY STREET, BOSTON, MA, 02116, 6172103200 - 400 ($10,000,000.00) Equity, (File 333-103590 - Mar. 4) (BR. 22) S-4 COMMUNITY BANKS INC /PA/, 750 EAST PARK DR, HRRISBURG, PA, 17111, 7179205803 - 28,340 ($374,111.00) Equity, (File 333-103592 - Mar. 4) (BR. 07) S-3 VIRAGEN INC, 865 SW 78TH AVENUE, SUITE 100, PLANTATION, FL, 33324, 9542338746 - 0 ($7,272,699.00) Equity, (File 333-103593 - Mar. 4) (BR. 01) N-2 NEUBERGER BERMAN REALTY INCOME FUND INC, 605 THIRD AVENUE 2ND FLOOR, NEW YORK, NY, 10158, 2124768800 - 4,600,000 ($69,000,000.00) Equity, (File 333-103594 - Mar. 4) (BR. ) S-8 SECURE COMPUTING CORP, ONE ALMADEN BLVD, STE 400, SAN JOSE, CA, 95113, 6126282700 - 0 ($25,997,273.22) Equity, (File 333-103595 - Mar. 4) (BR. 03) S-8 RAVEN MOON ENTERTAINMENT INC, 120 INTERNATIONAL PARKWAY, SUITE 220, HEATHROW, FL, 32746, 45,000,000 ($450,000.00) Equity, (File 333-103596 - Mar. 4) (BR. 05) S-8 CORE SOLUTIONS INC, 702-6161986 - 2,000,000,000 ($120,000.00) Other, (File 333-103597 - Mar. 4) (BR. 02) S-11 NEWCASTLE INVESTMENT CORP, C/O FORTRESS, 1251 AVENUE OF THE AMERICAS 16TH FL, NEW YORK, NY, 10020, 2127986100 - 0 ($63,250,000.00) Equity, (File 333-103598 - Mar. 4) (BR. 08) 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 ------------------------------------------------------------------------------------ 3M CO DE X X 03/04/03 ACCUFACTS PRE EMPLOYMENT SCREENING IN DE X X 12/31/02 AMBAC FINANCIAL GROUP INC DE X X 03/04/03 AMERICAN ARCHITECTURAL PRODUCTS CORP DE X X 03/04/03 AMERICAN IR TECHNOLOGIES INC NV X X 12/31/02 AMERICAN RETIREMENT CORP TN X X 03/03/03 AMERIQUEST MORTGAGE SECURITIES INC DE X 02/14/03 ANZA CAPITAL INC NV X 03/04/03 APPLIED DIGITAL SOLUTIONS INC MO X 02/28/03 APPLIED MICROSYSTEMS CORP /WA/ WA X X 02/20/03 ARAMARK CORP/DE DE X X 03/04/03 ARBITRON INC DE X X 03/04/03 ASTORIA FINANCIAL CORP DE X X 03/04/03 AUTONATION INC /FL DE X X 03/03/03 AVATECH SOLUTIONS INC DE X 03/04/03 AXONYX INC NV X X 02/28/03 BAY BANKS OF VIRGINIA INC VA X X 03/04/03 BRISTOL MYERS SQUIBB CO DE X X 02/27/03 CALPINE CORP DE X X 03/03/03 CANARGO ENERGY CORP DE X 02/28/03 CENTRAL PARKING CORP TN X X 03/04/03 CEPHEID CA X X 02/28/03 CHARTER MUNICIPAL MORTGAGE ACCEPTANCE DE X X 03/04/03 CHELSEA PROPERTY GROUP INC MD X X 03/03/03 CHESAPEAKE ENERGY CORP OK X X 02/27/03 CIGNA HIGH INCOME SHARES MA X 03/04/03 CITIZENS COMMUNICATIONS CO DE X 12/31/02 CLAMSHELL ENTERPRISES INC NV X X 01/31/03 CLICKNSETTLE COM INC DE X 03/04/03 CMGI INC DE X X 02/28/03 CONNETICS CORP DE X 03/03/03 CONOLOG CORP DE X 01/23/03 CONSOLIDATED DELIVERY & LOGISTICS INC DE X 02/28/03 CONTINENTAL AIRLINES INC /DE/ DE X X 03/03/03 CONTINENTAL AIRLINES INC /DE/ DE X X 03/04/03 CONTINENTAL AIRLINES INC /DE/ DE X X 03/03/03 AMEND CORNICHE GROUP INC /DE DE X X 02/28/03 CORVAS INTERNATIONAL INC DE X X 02/28/03 COUNTRYWIDE FINANCIAL CORP DE X X 12/31/02 COVER ALL TECHNOLOGIES INC DE X X 03/04/03 CREDIT SUISSE FIRST BOSTON MORT ACCEP DE X X 02/25/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 03/03/03 CREDIT SUISSE FIRST BOSTON MORTGAGE S DE X 03/04/03 CSFB MORTGAGE PASS THROUGH CERTIFICAT DE X X 12/25/02 AMEND CURAGEN CORP DE X X 03/04/03 D & K HEALTHCARE RESOURCES INC DE X X 03/04/03 DATAKEY INC MN X X 03/03/03 DEERE & CO DE X 03/04/03 DIAMOND OFFSHORE DRILLING INC DE X X 03/04/03 DIVERSA CORP DE X X 02/20/03 DIVINE INC DE X 03/04/03 DOBSON COMMUNICATIONS CORP OK X X 02/28/03 DOLE FOOD COMPANY INC DE X X 03/04/03 DOMINION RESOURCES INC /VA/ VA X X 03/03/03 DOMINOS INC DE X X 03/04/03 EAGLE PICHER HOLDINGS INC DE X 03/03/03 ECHOSTAR COMMUNICATIONS CORP NV X 03/04/03 EMPIRE PETROLEUM CORP DE X 02/12/03 ENCOMPASS SERVICES CORP TX X X 03/03/03 ENTERTAINMENT PROPERTIES TRUST MD X X 02/27/03 ENUCLEUS INC DE X 03/04/03 EOTT ENERGY PARTNERS LP DE X X X 02/18/03 EXPRESSJET HOLDINGS INC DE X X 03/03/03 FACT CORP CO X 03/03/03 FAIRCHILD SEMICONDUCTOR INTERNATIONAL DE X X 03/03/03 FAIRPOINT COMMUNICATIONS INC DE X X 03/03/03 FAIRPOINT COMMUNICATIONS INC DE X X 03/03/03 FIRST COMMUNITY BANCSHARES INC /NV/ NV X 03/04/03 FIRST DATA CORP DE X 03/03/03 FIRST HORIZON ASSET SECURITIES INC DE X X 02/25/03 FIRST MIDWEST BANCORP INC DE X X 03/04/03 FIRSTWAVE TECHNOLOGIES INC GA X X 02/28/03 FNB CORP/FL/ FL X 03/04/03 FRANKLIN TELECOMMUNICATIONS CORP CA X X 10/31/02 FRESH CHOICE INC DE X X 02/26/03 FURNITURE BRANDS INTERNATIONAL INC DE X X 03/04/03 GASCO ENERGY INC NV X X 03/03/03 GENESCO INC TN X 03/04/03 GLOBUS INTERNATIONAL RESOURCES CORP NV X 03/04/03 GREY GLOBAL GROUP INC DE X X 03/03/03 GUITRON INTERNATIONAL INC DE X X 02/22/03 AMEND HALL KINION & ASSOCIATES INC DE X X 03/03/03 HARTMARX CORP/DE DE X X 03/03/03 HFC REVOLVING CORP HOUSEHOLD HOME EQU DE X 02/20/02 HOLLY CORP DE X 03/04/03 HOUSEHOLD CREDIT CARD MASTER NOTE TRU DE X 02/15/03 HOUSEHOLD HOME EQUITY LOAN TRUST 1999 DE X 02/20/03 HOUSEHOLD HOME EQUITY LOAN TRUST 2002 X 02/21/03 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE X 02/20/03 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE X 02/20/03 HOUSEHOLD REVOLVING HOME EQUITY LOAN DE X 02/21/03 HUMBOLDT BANCORP CA X 03/03/03 IMAGEX COM INC WA X X 03/03/03 INDEPENDENCE HOLDING CO DE X 12/31/02 INFORMATION HOLDINGS INC DE X 02/28/03 INFORMATION RESOURCES INC DE X X 02/26/03 INFOSPACE INC DE X X 03/04/03 INSILCO HOLDING CO DE X X 03/04/03 INTERNATIONAL WIRELESS INC MD X 02/24/03 ITXC CORP NJ X X 02/27/03 JOHNSON CONTROLS INC WI X X 02/28/03 JPE INC MI X X X 02/28/03 LA JOLLA PHARMACEUTICAL CO DE X X 03/03/03 LACLEDE STEEL CO /DE/ DE X X 02/25/03 LEXENT INC DE X X 03/03/03 LIFECELL CORP DE X X 03/04/03 LIMITED BRANDS INC DE X X 02/26/03 LIPID SCIENCES INC/ AZ X X 03/03/03 MASTR ASSET SECURITIZATION TRUST 2003 DE X 03/04/03 MATRIX BANCORP INC CO X X 02/28/03 MAVERICK TUBE CORPORATION DE X 03/04/03 MEREDITH CORP IA X 03/04/03 MOLECULAR DIAGNOSTICS INC DE X 02/25/03 MOORE CORPORATION LTD X X 02/26/03 MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 11/25/02 AMEND MORTGAGE ASSET SEC TRANS INC MORT PAS DE X X 12/25/02 AMEND MS STRUCTURED SATURNS SERIES 2002-3 DE X 03/01/03 MS STRUCTURED SATURNS SERIES 2002-4 DE X 03/01/03 MS STRUCTURED SATURNS SERIES 2002-7 DE X 03/01/03 MS STRUCTURED SATURNS SERIES 2002-8 DE X 03/01/03 MSDW STRUCTURED SATURNS SERIES 2001 4 DE X 03/01/03 N-VIRO INTERNATIONAL CORP DE X 02/26/03 NAVISTAR INTERNATIONAL CORP DE X 03/04/03 NETNATION COMMUNICATIONS INC DE X 03/04/03 NEW CENTURY MORTGAGE SECURITIES INC DE X X 03/04/03 NEWPOWER HOLDINGS INC DE X X 02/26/03 NOVO NETWORKS INC DE X 12/19/02 AMEND NTELOS INC VA X X 03/04/03 OAKWOOD HOMES CORP NC X X 02/18/03 OFFICEMAX INC /OH/ OH X X 03/04/03 ON SEMICONDUCTOR CORP DE X X 03/03/03 OPTION ONE MORTGAGE ACCEPTANCE CORP DE X X X 02/19/03 OSTEOTECH INC DE X 03/04/03 OSTEX INTERNATIONAL INC /WA/ WA X 02/28/03 OXFORD HEALTH PLANS INC DE X X 03/03/03 PC CONNECTION INC DE X X 03/05/03 PEPSICO INC NC X X 03/04/03 PHARMOS CORP NV X X 03/04/03 PHILIPP BROTHERS CHEMICALS INC X 02/28/03 PICCADILLY CAFETERIAS INC LA X X 03/03/03 PLATINUM UNDERWRITERS HOLDINGS LTD D0 X X 03/04/03 POLARIS INDUSTRIES INC/MN MN X X 03/04/03 PREMIER DEVELOPMENT & INVESTMENT INC NV X 03/03/03 PROGRESS SOFTWARE CORP /MA MA X 12/19/02 AMEND RADIANT TECHNOLOGY CORP CA X 03/31/03 RBX CORP DE X X 02/28/03 REGAL ONE CORP FL X X 11/15/02 AMEND REGIONS FINANCIAL CORP DE X X 03/04/03 RENAISSANCE MORTGAGE ACCEPTANCE CORP DE X 03/04/03 REPLIGEN CORP DE X X 03/03/03 SAFE TECHNOLOGIES INTERNATIONAL INC DE X X 03/03/03 SALISBURY BANCORP INC CT X X 03/04/03 SEABULK INTERNATIONAL INC DE X 02/25/03 SEITEL INC DE X X 02/28/03 SEMX CORP DE X X 03/03/03 SHARP HOLDING CORP DE X X 03/03/03 SL INDUSTRIES INC NJ X X 01/06/03 AMEND SNAP2 CORP NV X X X 12/04/02 AMEND STAR RECEIVABLES FUNDING INC DE X 03/03/03 STEINWAY MUSICAL INSTRUMENTS INC DE X X 02/25/03 STRUCTURED ASSET SECURITIES CORP DE X 03/03/03 STRUCTURED ASSET SECURITIES CORP II X X 02/28/03 STRUCTURED PRODUCTS CORP DE X 02/15/03 SUPERIOR TELECOM INC DE X X 03/04/03 SYNAPTIC PHARMACEUTICAL CORP DE X X 03/04/03 TELKONET INC X 03/04/03 TEPPCO PARTNERS LP DE X X 03/03/03 TFC ENTERPRISES INC DE X X 03/01/03 THERMA WAVE INC DE X X 03/03/03 TITANIUM METALS CORP DE X 03/04/03 TRANSDIGM INC DE X X 03/04/03 UAL CORP /DE/ DE X X 03/04/03 UNITED BANCSHARES INC/OH OH X X 03/04/03 US AIRWAYS GROUP INC DE X X 03/04/03 VALESC INC DE X 12/15/02 AMEND VANDERBILT MORTGAGE & FINANCE INC TN X X 02/21/03 VISTA MEDICAL TECHNOLOGIES INC DE X X 03/04/03 WINMARK CORP MN X X 03/03/03 WODFI LLC FL X 01/15/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 01/31/03 WORLD OMNI AUTO RECEIVABLES LLC DE X 01/31/03 WORLD TRANSPORT AUTHORITY INC X 03/03/03 WORLD WIDE VIDEO INC CO X 03/04/03 ZEMEX CORP DE X X 03/04/03 ZIX CORP TX X 03/03/03