SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
Curative Health Services, Inc.
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(Name of Issuer)
Common Stock, par value $0.01 per share
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(Title of Class of Securities)
231264-10-2
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(CUSIP Number)
December 31, 2002
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(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this Schedule
is filed:
[ ] Rule 13d-1(b)
[X] Rule 13d-1(c)
[ ] Rule 13d-1(d)
* The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter the
disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange Act of
1934 (the "Act") or otherwise subject to the liabilities of that section of the
Act but shall be subject to all other provisions of the Act (however, see the
Notes).
SCHEDULE 13G
CUSIP No.: 231264-10-2
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(1) Name of Reporting Person: Jon M. Tamiyasu
I.R.S. Identification Nos. of Above Persons
(entities only): N/A
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(2) Check the Appropriate Box if a Member of a Group
(a) [ ]
(b) [ ]
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(3) SEC Use Only
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(4) Citizenship or Place of Organization: United States
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Number of Shares Beneficially Owned by Each Reporting Person With:
Number of (5) Sole Voting Power 0
Shares
Beneficially (6) Shared Voting Power 495,273
Owned by
Each (7) Sole Dispositive Power 0
Reporting
Person With (8) Shared Dispositive Power 495,273
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(9) Aggregate Amount Beneficially Owned by Each
Reporting Person: 495,273
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(10) Check if the Aggregate Amount in Row (9) Excludes
Certain Shares [ ]
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(11) Percent of Class Represented by Amount in Row 9 4.07%
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(12) Type of Reporting Person IN
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SCHEDULE 13G
CUSIP No.: 231264-10-2
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(1) Name of Reporting Person: Ellen M. Tamiyasu
I.R.S. Identification Nos. of Above Persons
(entities only): N/A
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(2) Check the Appropriate Box if a Member of a Group
(a) [ ]
(b) [ ]
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(3) SEC Use Only
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(4) Citizenship or Place of Organization: United States
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Number of Shares Beneficially Owned by Each Reporting Person With:
Number of (5) Sole Voting Power 0
Shares
Beneficially (6) Shared Voting Power 366,417
Owned by
Each (7) Sole Dispositive Power 0
Reporting
Person With (8) Shared Dispositive Power 366,417
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(9) Aggregate Amount Beneficially Owned by Each
Reporting Person: 366,417
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(10) Check if the Aggregate Amount in Row (9) Excludes
Certain Shares [ ]
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(11) Percent of Class Represented by Amount in Row 9 3.04%
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(12) Type of Reporting Person IN
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SCHEDULE 13G
CUSIP No.: 231264-10-2
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(1) Name of Reporting Person: The Tamiyasu Trust,
dated December 16,
1997
I.R.S. Identification Nos. of Above Persons
(entities only): N/A
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(2) Check the Appropriate Box if a Member of a Group
(a) [ ]
(b) [ ]
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(3) SEC Use Only
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(4) Citizenship or Place of Organization: California
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Number of Shares Beneficially Owned by Each Reporting Person With:
Number of (5) Sole Voting Power 0
Shares
Beneficially (6) Shared Voting Power 366,417
Owned by
Each (7) Sole Dispositive Power 0
Reporting
Person With (8) Shared Dispositive Power 366,417
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(9) Aggregate Amount Beneficially Owned by Each
Reporting Person: 336,417
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(10) Check if the Aggregate Amount in Row (9) Excludes
Certain Shares [ ]
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(11) Percent of Class Represented by Amount in Row 9 3.04%
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(12) Type of Reporting Person OO
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SCHEDULE 13G
ITEM 1(a) Name of Issuer:
Curative Health Services, Inc.
ITEM 1(b) Address of Issuer's Principal Executive Offices:
150 Motor Parkway, Hauppauge, New York 11788-5108
ITEM 2(a) Name of Persons Filing:
Jon M. Tamiyasu and Ellen M. Tamiyasu are husband and wife. The
Tamiyasu Trust, dated December 16, 1997 (the "Trust") is a revocable family
trust. Mr. and Ms. Tamiyasu are the trustees of the Trust.
ITEM 2(b) Address or Principal Business Office or, if none, Residence:
31336 Via Colinas, Suite 101, Westlake Village, California 91362
ITEM 2(c) Citizenship:
Mr. and Ms. Tamiyasu are citizens of the United States. The Trust
is formed under the laws of the State of California.
ITEM 2(d) Title of Class of Securities:
Common Stock, par value $0.01 per share
ITEM 2(e) CUSIP No.:
231264-10-2
ITEM 3. If this statement is filed pursuant to Rules 13d-1(b), or
13d-2(b) or (c), check whether the person filing is a:
[ ] Broker or dealer registered under Section 15 of the Act.
[ ] Bank as defined in Section 3(a)(6) of the Act.
[ ] Insurance Company as defined in Section 3(a)(19) of the Act.
[ ] Investment company registered under Section 8 of the Investment
Company Act of 1940.
[ ] An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E).
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[ ] An employee benefit plan or endowment fund in accordance with
Rule 13d-1(b) (1)(ii)(F).
[ ] A parent holding company or control person in accordance with
Rule 13d-1(b)(1) (ii)(G).
[ ] A savings associations as defined in Section 3(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
[ ] A church plan that is excluded from the definition of an
investment company under section 3(c)(14) of the Investment
Company Act of 1940.
[ ] Group, in accordance with Rule 13d-1(b)(1)(ii)(J).
ITEM 4. Ownership
Provide the following information regarding the aggregate number
and percentage of the class of securities of the issuer identified in Item 1.
Jon M. Tamiyasu:
(a) Amount beneficially owned: 495,273
(b) Percent of class: 4.07%
(c) Number of shares as to which such person has:
(i) Sole power to vote or to direct the vote 0
(ii) Shared power to vote or to direct the
vote 495,273
(iii) Sole power to dispose or to direct the
disposition of 0
(iv) Shared power to dispose or to direct the
disposition of 495,273
Ellen M. Tamiyasu:
(a) Amount beneficially owned: 336,417
(b) Percent of class: 3.04%
(c) Number of shares as to which such person has:
(i) Sole power to vote or to direct the vote 0
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(ii) Shared power to vote or to direct the
vote 336,417
(iii) Sole power to dispose or to direct the
disposition of 0
(iv) Shared power to dispose or to direct the
disposition of 336,417
The Tamiyasu Trust, dated December 16, 1997:
(a) Amount beneficially owned: 336,417
(b) Percent of class: 3.04%
(c) Number of shares as to which such person has:
(i) Sole power to vote or to direct the vote 0
(ii) Shared power to vote or to direct the
vote 336,417
(iii) Sole power to dispose or to direct the
disposition of 0
(iv) Shared power to dispose or to direct the
disposition of 336,417
The Trust is the record owner of 231,591 shares. Since Mr. and Ms. Tamiyasu
are the co-trustees of the Trust, they may be deemed to share voting and
dispositive power over such shares. In addition, the Trust has pledged 12,438 of
such shares to Curative Health Services, Inc. ("Curative") to secure repayment
of a note owed to Curative by a third party. During the calendar year ended
December 31, 2002, the Trust sold 225,000 shares.
An additional 79,602 shares are held of record by Var & Co., nominee for
U.S. Bank, N.A., which holds such shares as an escrow holder pursuant to an
escrow agreement. Such shares are subject to forfeiture to Curative in payment
of indemnification claims that Curative may have against Mr. Tamiyasu or the
Trust during an eighteen-month period ending September 28, 2003.
An additional 184,080 shares are issuable upon conversion of a Promissory
Note issued by Curative in the name of Mr. Tamiyasu. Mr. Tamiyasu has the right
to convert such Promissory Note within sixty days. Mr. Tamiyasu holds such
Promissory Note as a nominee for the Trust and six other Curative shareholders.
The portion of such Promissory Note allocable to the Trust is convertible into
55,224 shares, which are included in the number of shares beneficially owned by
Mrs. Tamiyasu and the Trust. While the entire number of shares issuable on
conversion of the Promissory Note is included in the number of shares
beneficially owned by Mr. Tamiyasu, he disclaims beneficial ownership of all
such shares in excess of the 55,224 shares allocable to the Trust.
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In addition, Mr. Tamiyasu has agreed for a one-year period ending February
28, 2003, to vote all of the shares as directed by Joseph Feshbach, the Chief
Executive Officer of Curative, with respect to (i) the election of directors, or
(ii) any proposal for an employee benefit plan submitted to Curative's
shareholders. Accordingly, Mr. Feshbach may be deemed to share voting power over
such shares.
ITEM 5. Ownership of 5 Percent or Less of a Class.
If this statement is being filed to report the fact that as
of the date hereof the reporting person has ceased to be the
beneficial owner of more than 5 percent of the class of
securities, check the following [X].
ITEM 6. Ownership of More than 5 Percent on Behalf of Another Person
N/A
ITEM 7. Identification and Classification of the Subsidiary Which
Acquired the Security Being Reported on By the Parent Holding
Company or Control Person.
N/A
ITEM 8. Identification and Classification of Members of the Group
N/A
ITEM 9. Notice of Dissolution of Group
N/A
(Signatures on the next page.)
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ITEM 10. Certifications
By signing below I certify that, to the best of my knowledge
and belief, the securities referred to above were not acquired
and are not held for the purpose of or with the effect of
changing or influencing the control of the issuer of the
securities and were not acquired and are not held in connection
with or as a participant in any transaction having that purpose
or effect.
SIGNATURE.
After reasonable inquiry and to the best of my knowledge and belief, I certify
that the information set forth in this statement is true, complete and correct.
Dated: February 13, 2003 The Tamiyasu Trust, dated December 16,
1997
/s/ Jon M. Tamiyasu /s/ Jon M. Tamiyasu
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Jon M. Tamiyasu Jon M. Tamiyasu, Trustee
/s/ Ellen M. Tamiyasu /s/ Ellen M. Tamiyasu
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Ellen M. Tamiyasu Ellen M. Tamiyasu, Trustee
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