SECURITIES AND UNITED STATES EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of Earliest Event Reported): June 9, 2004 SURGICARE, INC. --------------- (Exact name of registrant as specified in its charter) DELAWARE 001-16587 58-1597246 -------- --------- ---------- (State or other jurisdiction (Commission File (I.R.S. Employer of incorporation) Number) Identification No.) 12727 Kimberley Lane, Suite 200 Houston, Texas 77024 -------------------- (Address of principal executive offices, including zip code) (713) 973-6675 -------------- (Registrant's telephone number, including area code) N/A (Former name or former address, if change since last report) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE. It was brought to SurgiCare, Inc.'s ("SurgiCare") attention on the evening of June 14, 2004 that on June 9, 2004, a SurgiCare employee sent an unauthorized email in response to a shareholder's inquiry regarding SurgiCare's preliminary proxy statement filed with the SEC on April 27, 2004. The shareholder posted SurgiCare's response to a Yahoo! Finance message board for SurgiCare (message # 3708 entitled "Response from SRG Relations" (http://messages.yahoo.com/?action=q&board=SRG). SurgiCare would like to clarify the information included in the aforementioned statement posted on the message board. Although SurgiCare is in the process of responding to the SEC's comments to the preliminary proxy statement, the SEC has not specified a date when SurgiCare may mail the proxy statement to the shareholders. To the best of SurgiCare's knowledge, SurgiCare's employees have not had any other direct communication with individual shareholders. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. SURGICARE, INC. By: /s/ KEITH G. LEBLANC --------------------------------- Name: Keith G. LeBlanc Title: Chief Executive Officer Dated: June 16, 2004