SEC Charges Three Executives With Conducting $230 Million Investment Scheme at Ohio-Based Company
The Securities and Exchange Commission today charged three senior executives at Akron, Ohio-based Fair Finance Company with orchestrating a $230 million fraudulent scheme involving at least 5,200 investors – many of them elderly.
The SEC alleges that after purchasing Fair Finance Company, chief executive officer Timothy S. Durham, chairman James F. Cochran, and chief financial officer Rick D. Snow deceived investors while selling them interest-bearing certificates. Fair Finance had previously operated for decades as a privately-held consumer finance company. But under the guise of loans, Durham and Cochran schemed to divert investor proceeds to themselves and others as well as struggling and unprofitable entities that they controlled. Durham and Cochran further misused investor funds to buy classic cars and other luxury items to enhance their own lavish lifestyles.
In a parallel criminal proceeding, the U.S. Department of Justice and the U.S. Attorney’s Office for the Southern District of Indiana today unsealed criminal charges against Durham, Cochran and Snow for the same alleged misconduct.
“These executives looted Fair Finance and exploited unsuspecting investors who trusted the company to prudently invest their funds as it had done for decades,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “To add insult to injury, they squandered the stolen funds on such extravagances as multiple homes, a private jet, a yacht and more than 40 classic and exotic cars.”
According to the SEC’s complaint filed in U.S. District Court for the Southern District of Indiana, Fair Finance historically raised funds by selling interest-bearing certificates to investors and using the proceeds to purchase and service discounted consumer finance contracts. Following the 2002 purchase, Durham and Cochran funneled millions of dollars to themselves and their related companies. By November 2009, Durham, Cochran and their related businesses owed Fair Finance more than $200 million, which accounted for approximately 90 percent of Fair Finance’s total loan portfolio.
The SEC alleges that Durham and Cochran knew that neither they nor their related companies had the earnings, collateral or other resources to ensure repayment on the purported loans. As CFO, Snow knew or was reckless in not knowing that neither Durham and Cochran nor their entities could repay the funds they took from Fair Finance. Nonetheless, they continued to raise hundreds of millions of dollars from investors by using false and misleading financial statements and other information contained in the offering circulars to deceive investors about Fair Finance’s true financial condition. Ultimately, Durham, Cochran and their related companies never repaid these loans, and they used new investor proceeds to repay earlier investors in the nature of a Ponzi scheme.
Durham and Cochran also distributed large amounts of money to family members and friends, and misused investor funds to afford mortgages for multiple homes, a $3 million private jet, a $6 million yacht, and classic and exotic cars worth more than $7 million. They also diverted investor money to cover hundreds of thousands of dollars in gambling and travel expenses, credit card bills, and country club dues, and to pay for elaborate parties and other forms of entertainment.
According to the SEC’s complaint, Durham has residences in Los Angeles and Fortville, Ind.; Cochran resides in McCordsville, Ind.; and Snow lives in Fishers, Ind. Durham currently is the CEO at National Lampoon, and Snow currently is the CFO.
The SEC’s complaint charges Durham, Cochran and Snow with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint seeks permanent injunctions, disgorgement of ill-gotten gains plus prejudgment interest, penalties and officer and director bars against each of the defendants.
The SEC’s investigation was conducted by Philadelphia Regional Office enforcement staff Kelly L. Gibson, Brendan P. McGlynn, John J. Heffernan, Daniel L. Koster and Paul Rihn. The SEC’s litigation will be led by Scott A. Thompson and G. Jeffrey Boujoukos.
The SEC acknowledges and appreciates the assistance of the U.S. Attorney’s Office for the Southern District of Indiana, the U.S. Department of Justice, Fraud Section, the Federal Bureau of Investigation and the Ohio Division of Securities.
For more information about this enforcement action, contact:
Daniel M. Hawke, Regional Director
SEC Charges Former Supervisor at Colonial Bank for Role in Securities Fraud Scheme
The Securities and Exchange Commission today charged the former operations supervisor of Colonial Bank’s mortgage warehouse lending division (MWLD) with participating in a $1.5 billion securities fraud scheme.
The SEC alleges that Teresa A. Kelly enabled the sale of fictitious and impaired mortgage loans and securities from the MWLD’s largest customer – Taylor, Bean & Whitaker Mortgage Corp. (TBW) – to Colonial Bank. She caused these securities to be falsely reported to the investing public as high-quality, liquid assets.
The SEC previously charged former TBW chairman and majority owner Lee B. Farkas in June 2010, charged TBW’s former treasurer Desiree E. Brown in February 2011, and charged the head of Colonial Bank’s MWLD Catherine L. Kissick earlier this month.
“For nearly seven years, Kelly abused her access to Colonial Bank’s accounting systems, allowing Farkas and TBW to defraud the bank and its investors out of more than $1.5 billion,” said William P. Hicks, Associate Regional Director of the SEC’s Atlanta Regional Office.
According to the SEC’s complaint filed in U.S. District Court for the Eastern District of Virginia, Kelly along with Farkas, Kissick and Brown perpetrated the fraudulent scheme from March 2002 to August 2009, when Colonial Bank was seized by regulators and Colonial BancGroup and TBW each filed for bankruptcy. Because TBW generally did not have sufficient capital to internally fund the mortgage loans it originated, it relied on financing arrangements primarily through Colonial Bank’s mortgage warehouse lending division to fund such mortgage loans.
The SEC alleges that TBW began to experience liquidity problems and overdrew its then-limited warehouse line of credit with Colonial Bank by approximately $15 million each day. Kelly, Farkas, Kissick and Brown concealed the overdraws through a pattern of “kiting” in which certain debits were not entered until after credits due for the following day were entered. In order to conceal this initial fraudulent conduct, Kelly, Farkas, Kissick and Brown created and submitted fictitious loan information to Colonial Bank and created fictitious mortgage-backed securities assembled from the fraudulent loans. By the end of 2007, the scheme consisted of approximately $500 million in fake residential mortgage loans and approximately $1 billion in severely impaired residential mortgage loans and securities. These fictitious and impaired loans were misrepresented as high-quality assets on Colonial BancGroup’s financial statements.
The SEC’s complaint charges Kelly with violations of the antifraud, reporting, books and records and internal controls provisions of the federal securities laws, including Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5 and 13b2-1 thereunder, and from aiding and abetting violations of Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, 13a-11 and 13a-13 thereunder.
The SEC’s case was investigated by Aaron W. Lipson, Yolanda L. Ross and Barry R. Lakas of the Atlanta Regional Office. The SEC acknowledges the assistance of the Fraud Section of the U.S. Department of Justice’s Criminal Division, Federal Bureau of Investigation, Office of the Special Inspector General for the TARP, Federal Deposit Insurance Corporation’s Office of the Inspector General, U.S. Department of Housing and Urban Development’s Office of the Inspector General, and Civil Division of the U.S. Attorney’s Office for the Eastern District of Virginia. The SEC brought its enforcement action in coordination with these other members of the Financial Fraud Enforcement Task Force.
The SEC’s investigation is continuing.
For more information concerning this enforcement action, contact:
Rhea Kemble Dignam,
William P. Hicks
(Press Rel. 2011-68)
In the Matter of Matthew J. Ryan
On March 15, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Notice of Hearing against Matthew J. Ryan.
In the Order, the Division of Enforcement alleges that Ryan is the owner and sole managing member of Prime Rate and Return, LLC (Prime Rate), a limited liability company incorporated in Delaware in April 2001 with its principal place of business in Troy, New York. Prime Rate sometimes does business as, among other names, American Integrity Financial Company (American Integrity).
The Division of Enforcement further alleges that on February 22, 2011, Ryan pleaded guilty to one count of securities fraud in violation of Sections 10(b) and 32 of the Exchange Act, Rule 10b-5 thereunder, and Title 18 of the United States Code, Section 2, before the United States District Court for the Northern District of New York, in United States v. Matthew John Ryan, Crim. Indictment No. 1:10-cr-00319-NAM. The count of the criminal indictment to which Ryan pleaded guilty alleged, among other things, that from in or about February 2002, Ryan has been soliciting and receiving money from investors as a purported representative of American Integrity. To give the appearance of legitimacy to American Integrity, Ryan falsely represented to investors that American Integrity was a substantial Manhattan-based financial services firm with numerous employees and for which he was merely a representative. Ryan also made false representations to investors that their investments were safe, by representing that they were insured up to specific dollar amounts by the Securities Investor Protection Corporation (SIPC). Since at least 2004, Ryan used funds that investors invested in American Integrity for multiple purposes he concealed from investors, including (i) to repay loans for the purchase or refinancing of real estate held in Prime Rate’s name; (ii) to pay other investors’ returns, in Ponzi-scheme fashion; and (iii) to pay his own personal expenses, including payments on his loans for luxury cars.
A hearing will be scheduled before an Administrative Law Judge to determine whether such allegations are true, to afford the Respondent an opportunity to establish defenses to the allegations, and to determine whether remedial action is necessary and appropriate. The Administrative Law Judge is directed to issue a decision no later than 210 days from the date of service of the Order Instituting Proceedings, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice. Rel. 34-64082; File No. 3-14297)
In the Matter of AbsoluteFuture.com
An Administrative Law Judge has issued an Order Making Findings and Revoking Registration by Default (Default Order) in AbsoluteFuture.com, Admin. Proc. No. 3-14180. The Order Instituting Proceedings alleged that Respondent repeatedly failed to file required annual and quarterly reports while its securities were registered with the Securities and Exchange Commission. The Default Order finds the allegations to be true and revokes the registration of each class of registered securities, pursuant to Section 12(j) of the Securities Exchange Act of 1934. (Rel. 34-64083; File No. 3-14180)
SEC v. Jason Bo-Alan Beckman and The Oxford Private Client Group, LLC, et al.
On March 11, 2011, the SEC obtained a preliminary injunction order, by consent, against Jason Bo-Alan Beckman and The Oxford Private Client Group, LLC prohibiting them from violating the registration and antifraud provisions of the federal securities laws. The order also continues an asset freeze and the appointment of a receiver over the assets of Beckman and Oxford Private Client Group, which were previously ordered by the Court. The Court also entered a separate Order continuing the asset freeze and appointment of a receiver as to relief defendant Hollie Beckman.
The entry of these orders follows the filing of an emergency action and civil complaint on March 7, 2011, in which the SEC alleged that Beckman and Oxford Private Client Group raised at least $47.3 million from at least 143 investors from August 2006 to July 2009 through a fraudulent, unregistered offering of investments in a purported foreign currency trading venture (Currency Program). According to the SEC’s complaint, Beckman told investors that each investor’s money would be invested in the Currency Program, their money would be held in a segregated account, there was little or no risk to their money, they would receive guaranteed returns ranging from 10.5% to 12% per year, and they could withdraw their money at any time. The SEC alleges that these representations were false. According to the SEC’s complaint, a significant portion of the investors’ funds were never invested in the Currency Program but instead were used to make purported interest and return of principal payments to other investors and also diverted to Beckman and others’ personal accounts. Beckman and his wife Hollie Beckman received approximately $7.7 million of investor funds. None of the funds was ever placed in segregated accounts at banks or foreign currency trading firms and the funds sent to the trading firms sustained significant losses.
The Court’s order of preliminary injunction prohibits Beckman and Oxford Private Client Group from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The Court’s orders also continue the freeze and appointment of a receiver over the assets of Beckman, Oxford Private Client Group, and relief defendant Hollie Beckman. [SEC v. Jason Bo-Alan Beckman and The Oxford Private Client Group, LLC, et al., Case No. 11 CV 574 MJD/FLN (D. Minn.)] (LR-21887)
Proposed Rule Change
The Financial Industry Regulatory Authority has filed a proposed rule change (SR-FINRA-2011-012) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder relating to TRACE Reporting of Asset-Backed Securities. Publication is expected in the Federal Register during the week of March 14. (Rel. 34-64084)
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 viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
S-3 EVERGREEN ENERGY INC, 1225 17TH STREET, SUITE 1300, DENVER, CO, 80202, 3032932992 - 6,150,003 ($19,680,009.60) Equity, (File 333-172820 - Mar. 15) (BR. 04A) S-8 EVERGREEN ENERGY INC, 1225 17TH STREET, SUITE 1300, DENVER, CO, 80202, 3032932992 - 2,250,000 ($7,200,000.00) Equity, (File 333-172821 - Mar. 15) (BR. 04A) S-8 NCI BUILDING SYSTEMS INC, 10943 NORTH SAM HOUSTON PARKWAY W, HOUSTON TEXAS, TX, 77064, 2818977799 - 0 ($14,393,500.00) Equity, (File 333-172822 - Mar. 15) (BR. 06C) S-8 AVI BIOPHARMA INC, 3450 MONTE VILLA PARKWAY, SUITE 101, BOTHELL, WA, 98021, 425-354-5038 - 0 ($25,669,734.00) Equity, (File 333-172823 - Mar. 15) (BR. 01C) S-8 NEW ENERGY TECHNOLOGIES, INC., 9192 RED BRANCH RD, SUITE 110, COLUMBIA, MD, 21045, 800-213-0689 - 15,000,000 ($15,624,500.00) Equity, (File 333-172824 - Mar. 15) (BR. 06B) S-1 Monarchy Resources, Inc., 243 TERESA STREET, STA. MESA, SAMPALOC, MANILA, R6, 0632, 632-724-3389 - 25,000,000 ($50,000.00) Equity, (File 333-172825 - Mar. 15) (BR. ) S-3 VISTA GOLD CORP, 7961 SHAFFER PKWY, LITTLETON, CO, 80127, 720-981-1185 - 30,616,088 ($128,740,650.00) Equity, (File 333-172826 - Mar. 15) (BR. 04A) S-1 United Community Bancorp, 92 WALNUT STREET, LAWRENCEBURG, IN, 47025, 812-537-4822 - 8,430,938 ($67,447,504.00) Equity, (File 333-172827 - Mar. 15) (BR. 07) S-8 MoSys, Inc., 3301 OLCOTT STREET, SANTA CLARA, CA, 95054, 408 418 7500 - 0 ($2,850,000.00) Equity, (File 333-172828 - Mar. 15) (BR. 10B) S-8 INNODATA ISOGEN INC, THREE UNIVERSITY PLAZA, SUITE 506, HACKENSACK, NJ, 07601, 201 371 8000 - 0 ($5,013,543.34) Equity, (File 333-172831 - Mar. 15) (BR. 03B) S-8 TOTAL SA, 2 PLACE DE LA COUPOLE, LA DEFENSE 92078, PARIS FRANCE, I0, 00000, 2129693300 - 250,000 ($12,122,500.00) Equity, (File 333-172832 - Mar. 15) (BR. 04A) N-2 ALDA CAPITAL Corp, 233 S, WACKER DRIVE, SUITE 9330, CHICAGO, IL, 60606, 312-382-9330 - 0 ($50,000,000.00) Equity, (File 333-172835 - Mar. 15) (BR. ) S-8 GRAFTECH INTERNATIONAL LTD, 12900 SNOW ROAD, PARMA, OH, 44130, 2166762000 - 1,000,000 ($20,450,000.00) Equity, (File 333-172837 - Mar. 15) (BR. 10B) S-8 COMSCORE, INC., 11950 DEMOCRACY ROAD, SUITE 600, RESTON, VA, 20190, 703-438-2000 - 0 ($34,240,880.01) Equity, (File 333-172838 - Mar. 15) (BR. 03A) F-1 NetQin Mobile Inc., No. 4 Building, 11 Heping Li East Street, Dongcheng District, Beijing, F4, 100013, (86-10) 8565-5555 - 0 ($100,000,000.00) ADRs/ADSs, (File 333-172839 - Mar. 15) (BR. 03B) S-1 VENTA GLOBAL INC, 2131 N COLLINS AVE 433-614, ARLINGTON, TX, 76011, 8888368208 - 22,898,000 ($1,144,900.00) Other, (File 333-172840 - Mar. 15) (BR. ) S-8 CORCEPT THERAPEUTICS INC, 149 COMMONWEALTH DRIVE, MENLO PARK, CA, 94025, 650.688.8803 - 2,896,155 ($10,744,735.05) Equity, (File 333-172841 - Mar. 15) (BR. 01B) S-1 LAMBENT SOLUTIONS CORP., 400 ST-MARTIN WEST BLVD., SUITE 350, LAVAL, A8, H7M 3Y8, (514) 296-3775 - 3,000,000 ($60,000.00) Equity, (File 333-172842 - Mar. 15) (BR. )
Form 8-K is used by companies to file current reports on the following events:
8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT 1st Century Bancshares, Inc. DE 2.02,9.01 12/31/10 3M CO DE 5.02,7.01,9.01 03/15/11 ACCENTIA BIOPHARMACEUTICALS INC 5.07 01/19/11 ACI WORLDWIDE, INC. DE 7.01,9.01 03/15/11 Advanced Voice Recognition Systems, I NV 1.01,3.02,9.01 03/09/11 Advaxis, Inc. DE 3.02,8.01 03/14/11 ALASKA AIR GROUP INC DE 7.01,9.01 03/14/11 Alexza Pharmaceuticals Inc. DE 2.02,9.01 03/15/11 ALLIANCE DATA SYSTEMS CORP DE 7.01,9.01 03/15/11 ALNYLAM PHARMACEUTICALS, INC. 1.01 03/14/11 ALPHA PRO TECH LTD DE 2.02,9.01 03/15/11 AMERICA SERVICE GROUP INC /DE DE 8.01,9.01 03/15/11 AMERICAN AIRLINES INC DE 7.01 03/15/11 AMERICAN AIRLINES INC DE 2.03,9.01 03/15/11 AMERICAN EXPRESS CO NY 7.01 03/15/11 AMERICAN SUPERCONDUCTOR CORP /DE/ DE 5.02 03/10/11 AMERINST INSURANCE GROUP LTD D0 7.01,9.01 03/15/11 AMERISOURCEBERGEN CORP DE 8.01,9.01 03/14/11 AMR CORP DE 7.01 03/15/11 AMR CORP DE 2.03,9.01 03/15/11 ASTRO MED INC /NEW/ RI 2.02,9.01 03/15/11 ATHEROS COMMUNICATIONS INC DE 8.01 03/14/11 ATP OIL & GAS CORP TX 2.02,9.01 03/15/11 AUTHENTIDATE HOLDING CORP DE 1.01 03/09/11 AUTOBYTEL INC DE 2.02,9.01 03/09/11 AXA FINANCIAL INC DE 5.02,9.01 03/09/11 BIOCANCELL THERAPEUTICS INC. 5.02,9.01 03/07/11 Bioflamex Corp NV 5.02,8.01 02/11/11 BIOJECT MEDICAL TECHNOLOGIES INC OR 5.03,9.01 03/10/11 BIONOVO INC DE 2.02,3.01,7.01,9.01 03/14/11 BIOTIME INC CA 2.02,9.01 03/15/11 BIOVEST INTERNATIONAL INC DE 5.07,7.01,9.01 01/18/11 BON TON STORES INC PA 8.01,9.01 03/15/11 BOWL AMERICA INC MD 5.02 03/14/11 BROADWAY FINANCIAL CORP \DE\ DE 2.02,9.01 03/15/11 BROADWIND ENERGY, INC. DE 2.02,7.01,9.01 03/15/11 BROWN SHOE CO INC NY 2.02,9.01 03/15/11 BUTLER NATIONAL CORP DE 8.01,9.01 03/15/11 BUTLER NATIONAL CORP DE 2.02,9.01 03/15/11 C&D TECHNOLOGIES INC DE 5.03,9.01 03/14/11 CABELAS INC DE 7.01,9.01 03/15/11 CABOT CORP DE 5.02,5.07 03/10/11 CAPITAL ONE FINANCIAL CORP DE 7.01,9.01 03/14/11 CAREER EDUCATION CORP DE 7.01,9.01 03/15/11 CARRIZO OIL & GAS INC TX 2.02,9.01 03/15/11 CASEYS GENERAL STORES INC IA 7.01 03/15/11 Celanese CORP DE 7.01,9.01 03/15/11 CELL THERAPEUTICS INC WA 5.02,9.01 03/09/11 CENTRAL VERMONT PUBLIC SERVICE CORP VT 2.02,7.01,9.01 03/15/11 CENTRAL VERMONT PUBLIC SERVICE CORP VT 2.02,7.01,9.01 03/15/11 AMEND CERADYNE INC DE 7.01,9.01 03/11/11 CERNER CORP /MO/ DE 5.03,9.01 03/09/11 CHASE CREDIT CARD MASTER TRUST NY 8.01,9.01 03/15/11 CHINA EDUCATION ALLIANCE INC. NC 8.01,9.01 03/15/11 China Housing & Land Development, Inc NV 2.02,7.01,9.01 03/14/11 China Redstone Group, Inc. DE 8.01,9.01 03/15/11 China SHESAYS Medical Cosmetology Inc NV 8.01,9.01 03/15/11 CHOICE BANCORP, INC. WI 1.01,2.01,3.02,8.01, 03/10/11 9.01 CISCO SYSTEMS INC CA 1.01,9.01 03/09/11 CITIBANK OMNI-S MASTER TRUST 8.01 03/15/11 Clearwire Corp /DE DE 1.01 03/09/11 CLEOPATRA INTERNATIONAL GROUP, INC. 2.01,5.01,5.02,5.06, 06/24/10 AMEND 9.01 COMCAM INTERNATIONAL INC DE 1.01,9.01 02/25/11 COMMERCE GROUP CORP /WI/ WI 8.01 03/14/11 COMVERGE, INC. DE 1.01,5.02,9.01 03/09/11 Constant Contact, Inc. DE 8.01 03/07/11 CONSTAR INTERNATIONAL INC DE 1.01,9.01 03/10/11 CORE LABORATORIES N V P7 7.01 03/15/11 Core-Mark Holding Company, Inc. DE 2.02 03/14/11 CPEX Pharmaceuticals, Inc. DE 8.01,9.01 03/14/11 DCP Midstream Partners, LP DE 7.01 03/15/11 DDI CORP CA 1.01,5.02,5.03,9.01 03/10/11 DELTEK, INC DE 5.02 03/09/11 DELUXE CORP MN 1.01,2.03,3.03,8.01, 03/09/11 9.01 DENTSPLY INTERNATIONAL INC /DE/ DE 8.01,9.01 03/15/11 Desert Hawk Gold Corp. 1.01,2.03,9.01 03/11/11 Diamond Foods Inc DE 3.01 03/09/11 Diamond Foods Inc DE 7.01,9.01 03/15/11 DIGITAL YEARBOOK, INC. NV 5.02,9.01 03/14/11 DISH Network CORP NV 1.01 03/15/11 Dragon Beverage, Inc. NV 3.03,5.03,9.01 03/15/11 DSW Inc. OH 2.02,5.02,9.01 03/15/11 Duncan Energy Partners L.P. DE 1.01,9.01 03/15/11 DUOYUAN PRINTING, INC. WY 8.01 03/15/11 EASYLINK SERVICES INTERNATIONAL CORP DE 2.02,9.01 03/14/11 EFL OVERSEAS, INC. NV 5.02 03/10/11 ENCORE CAPITAL GROUP INC DE 7.01,9.01 03/15/11 ENDO PHARMACEUTICALS HOLDINGS INC DE 7.01,9.01 03/15/11 Ensco plc 2.02,9.01 03/15/11 ENTERPRISE PRODUCTS PARTNERS L P DE 1.01,9.01 03/15/11 ENVIRONMENTAL SOLUTIONS WORLDWIDE INC FL 1.01,5.02 03/09/11 ENZO BIOCHEM INC NY 2.02,7.01,9.01 03/14/11 ESTERLINE TECHNOLOGIES CORP DE 1.01,2.03,9.01 03/11/11 EVERGREEN ENERGY INC DE 2.02,9.01 03/15/11 EVERGREEN ENERGY INC DE 7.01,9.01 03/15/11 EXELIXIS INC DE 8.01,9.01 03/15/11 Exobox Technologies Corp. NV 5.02 03/10/11 AMEND EXTREME NETWORKS INC DE 5.02,9.01 03/14/11 EXXON MOBIL CORP NJ 2.02,7.01 03/09/11 FACTSET RESEARCH SYSTEMS INC DE 2.02,9.01 03/15/11 FARMERS CAPITAL BANK CORP KY 8.01 03/15/11 Federal Home Loan Bank of Atlanta X1 2.03 03/15/11 Federal Home Loan Bank of Boston X1 2.03 03/09/11 Federal Home Loan Bank of Chicago X1 2.03 03/09/11 Federal Home Loan Bank of Dallas 2.03,9.01 03/09/11 Federal Home Loan Bank of Des Moines X1 2.03,9.01 03/11/11 Federal Home Loan Bank of Indianapoli X1 2.03,9.01 03/15/11 Federal Home Loan Bank of New York X1 2.03,9.01 03/09/11 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 03/09/11 Federal Home Loan Bank of San Francis X1 2.03 03/09/11 Federal Home Loan Bank of Seattle 2.03 03/09/11 Federal Home Loan Bank of Topeka 2.03,9.01 03/09/11 FEDEX CORP DE 5.03,9.01 03/14/11 FINANCIAL INSTITUTIONS INC NY 1.01,8.01,9.01 03/09/11 FIRST CASH FINANCIAL SERVICES INC DE 2.02,7.01,8.01,9.01 03/14/11 FIRST COMMUNITY BANK CORP OF AMERICA FL 1.01,5.02,9.01 03/11/11 FIRST INTERSTATE BANCSYSTEM INC MT 8.01,9.01 03/15/11 First Sentry Bancshares, Inc. WV 8.01 03/15/11 FLUIDIGM CORP DE 5.02,9.01 03/10/11 FOX PETROLEUM INC. NV 1.01,9.01 06/15/10 AMEND FREDERICK'S OF HOLLYWOOD GROUP INC /N NY 2.02,8.01,9.01 03/14/11 Freedom Environmental Services, Inc. DE 4.01,9.01 03/14/11 Freshwater Technologies Inc. NV 3.02 03/03/11 FS Investment CORP MD 2.02,5.02,8.01 03/14/11 FULLCIRCLE REGISTRY INC NV 9.01 03/15/11 AMEND Fushi Copperweld, Inc. NV 2.02,9.01 03/11/11 FusionTech, Inc. NV 1.01,2.03,3.02,9.01 03/09/11 GATX CORP NY 1.01,8.01,9.01 03/14/11 GeoEye, Inc. DE 2.02,9.01 03/15/11 GIBRALTAR INDUSTRIES, INC. DE 1.01,8.01,9.01 03/10/11 GOLDEN PHOENIX MINERALS INC NV 5.02,7.01,9.01 03/15/11 GRAFTECH INTERNATIONAL LTD DE 5.02,9.01 03/14/11 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01 03/15/11 GRIFFON CORP DE 8.01,9.01 03/14/11 GRIFFON CORP DE 1.01 03/14/11 GSI COMMERCE INC DE 1.01,2.01,2.03,3.02, 03/15/11 7.01,9.01 Guaranty Financial Group Inc. DE 8.01,9.01 03/11/11 H&R BLOCK INC MO 7.01,9.01 03/15/11 HALLMARK FINANCIAL SERVICES INC NV 2.02,9.01 03/14/11 HARTE HANKS INC DE 5.02,9.01 03/15/11 HCC INSURANCE HOLDINGS INC/DE/ DE 5.02 03/10/11 HCP, INC. MD 1.01,2.03,7.01,9.01 03/11/11 HEALTHCARE TRUST OF AMERICA, INC. MD 9.01 12/30/10 AMEND HEALTHSOUTH CORP DE 7.01,9.01 03/15/11 HealthWarehouse.com, Inc. DE 7.01,9.01 03/15/11 HEMACARE CORP /CA/ CA 2.02,5.02,9.01 03/09/11 HERITAGE BANKSHARES INC /VA VA 8.01,9.01 03/15/11 High Plains Gas, Inc. NV 1.01,9.01 03/15/11 High Plains Gas, Inc. NV 5.02 03/15/11 High Plains Gas, Inc. NV 5.03,9.01 03/15/11 High Plains Gas, Inc. NV 5.03,9.01 03/15/11 AMEND Horizon Technology Finance Corp DE 2.02,9.01 03/15/11 HQ Global Education Inc. DE 7.01,9.01 03/07/11 Hudson Pacific Properties, Inc. MD 2.02,7.01,9.01 03/15/11 IAC/INTERACTIVECORP DE 5.02 03/10/11 ICAGEN INC DE 1.01,9.01 03/15/11 ICO Global Communications (Holdings) DE 1.01,9.01 03/15/11 IDT CORP DE 2.02,9.01 03/15/11 IMPAX LABORATORIES INC DE 7.01,9.01 03/14/11 INFINITY PHARMACEUTICALS, INC. DE 2.02,4.02,9.01 03/14/11 INFORMATICA CORP DE 5.03,9.01 03/14/11 INTERCONTINENTALEXCHANGE INC 1.01,9.01 03/14/11 INTERLINK-US-NETWORK, LTD. CA 5.02 03/14/11 INTERNATIONAL FLAVORS & FRAGRANCES IN NY 7.01,9.01 03/15/11 INTERSTATE POWER & LIGHT CO IA 8.01,9.01 03/15/11 INVIVO THERAPEUTICS HOLDINGS CORP. NV 5.03,9.01 03/09/11 IRVINE SENSORS CORP/DE/ DE 3.02,5.02,5.03,5.07, 03/09/11 9.01 JUNIATA VALLEY FINANCIAL CORP PA 5.02,9.01 03/15/11 KADANT INC DE 5.02 03/09/11 KAIBO FOODS Co Ltd NV 8.01,9.01 03/10/11 KBS Real Estate Investment Trust, Inc MD 1.01,2.03 03/09/11 KBS Strategic Opportunity REIT, Inc. MD 1.01,2.01 03/14/11 KEATING CAPITAL INC 7.01 03/09/11 KENSEY NASH CORP DE 5.02,9.01 03/10/11 KID BRANDS, INC NJ 2.02,5.02,8.01,9.01 03/14/11 KIRBY CORP NV 8.01,9.01 03/13/11 KIRKLAND'S, INC 2.02,9.01 03/10/11 KKR & Co. L.P. DE 5.02,7.01,9.01 03/14/11 Kopr Resources Corp. DE 1.01,8.01 03/11/11 KRATOS DEFENSE & SECURITY SOLUTIONS, DE 5.03,9.01 03/14/11 Legacy Bancorp, Inc. 8.01 03/09/11 Liberty Global, Inc. 7.01 03/15/11 LIFE PARTNERS HOLDINGS INC TX 8.01,9.01 03/15/11 LIGHTBRIDGE Corp NV 7.01,9.01 03/15/11 LITHIA MOTORS INC OR 7.01,9.01 03/15/11 LKQ CORP DE 5.02,9.01 03/14/11 LOCAL.COM DE 1.01,9.01 03/10/11 LOGIC DEVICES Inc CA 1.01,9.01 03/10/11 Longhai Steel Inc. NV 5.02,9.01 03/15/11 LONGWEI PETROLEUM INVESTMENT HOLDING CO 8.01,9.01 03/14/11 LUBRIZOL Corp OH 1.01,9.01 03/13/11 MAMMATECH CORP FL 4.01,9.01 03/11/11 MANTECH INTERNATIONAL CORP DE 5.02,9.01 03/10/11 MASS MEGAWATTS WIND POWER INC MA 2.02,9.01 03/15/11 Medidata Solutions, Inc. DE 2.02,9.01 03/15/11 MedPro Safety Products, Inc. NV 5.02,9.01 03/15/11 MEMC ELECTRONIC MATERIALS INC DE 8.01,9.01 03/15/11 MENTOR GRAPHICS CORP OR 5.03,8.01,9.01 03/14/11 MINERALS TECHNOLOGIES INC DE 5.02,9.01 03/11/11 ML MACADAMIA ORCHARDS L P DE 2.02,9.01 03/15/11 MRV COMMUNICATIONS INC DE 5.02,9.01 03/09/11 MSB FINANCIAL CORP. X1 8.01 03/14/11 MVC CAPITAL, INC. DE 5.07 03/10/11 NATIONAL BANCSHARES CORP /OH/ OH 2.02,9.01 03/15/11 NATIONAL FUEL GAS CO NJ 7.01,9.01 03/15/11 NAVIGANT CONSULTING INC DE 5.02 03/09/10 NAVISITE INC DE 2.02,8.01,9.01 03/15/11 NB&T FINANCIAL GROUP INC OH 8.01 03/15/11 NEKTAR THERAPEUTICS DE 7.01,9.01 03/15/11 NetApp, Inc. CA 1.01 03/09/11 NEW DRAGON ASIA CORP FL 4.01,9.01 03/08/11 NEW ENERGY TECHNOLOGIES, INC. 7.01,9.01 03/15/11 NewCardio, Inc. DE 2.03,9.01 03/09/11 nFinanSe Inc. 1.01,3.02,9.01 03/11/11 NORTHRIDGE VENTURES INC. 5.02 03/10/11 NORTHROP GRUMMAN CORP /DE/ DE 5.02,8.01,9.01 03/14/11 NTELOS HOLDINGS CORP 1.01,9.01 03/14/11 NU SKIN ENTERPRISES INC DE 7.01 03/11/11 NVIDIA CORP DE 5.02,9.01 03/09/11 OMEROS CORP WA 2.02,9.01 03/15/11 ONE LIBERTY PROPERTIES INC MD 2.02,9.01 03/15/11 ONLINE RESOURCES CORP DE 2.02,9.01 03/15/11 ORAGENICS INC FL 1.01,4.01,5.02,8.01, 03/11/11 9.01 Organic Alliance, Inc. NV 1.01,2.03,3.02,5.03, 11/01/10 8.01,9.01 ORIGINOIL INC NV 5.02 03/09/11 ORTHOFIX INTERNATIONAL N V 5.02,9.01 03/09/11 P&F INDUSTRIES INC DE 5.02 03/09/11 PAA NATURAL GAS STORAGE LP DE 1.01,2.03,9.01 03/10/11 PACIFIC FINANCIAL CORP WA 5.02,9.01 03/09/11 PACIFIC SUNWEAR OF CALIFORNIA INC CA 2.02,9.01 03/15/11 PARAMETRIC TECHNOLOGY CORP MA 3.01,5.02,5.07,9.01 03/09/11 Patient Safety Technologies, Inc DE 7.01,9.01 03/15/11 PC MALL INC DE 1.01,2.01,2.03 03/11/11 PETROLEUM DEVELOPMENT CORP NV 7.01 03/15/11 PINNACLE ENTERTAINMENT INC. DE 5.02,8.01,9.01 03/10/11 PIXELWORKS, INC OR 8.01 03/14/11 PMC COMMERCIAL TRUST /TX TX 2.02,9.01 03/14/11 POLO RALPH LAUREN CORP DE 1.01,1.02,2.03 03/10/11 POZEN INC /NC 8.01 03/14/11 PRECISION OPTICS CORPORATION INC MA 1.01,9.01 03/11/11 Premier Power Renewable Energy, Inc. DE 1.01,9.01 03/14/10 PROGENICS PHARMACEUTICALS INC DE 2.02,9.01 03/15/11 PROGRESS ENERGY INC NC 8.01,9.01 03/15/11 ProPhase Labs, Inc. NV 2.02,9.01 03/15/11 PROTECTIVE LIFE CORP DE 2.01,9.01 12/31/10 PROTECTIVE LIFE INSURANCE CO TN 2.01,9.01 12/31/10 Puda Coal, Inc. 2.02,9.01 03/14/11 PURE BIOSCIENCE CA 5.02 03/11/11 PURE CYCLE CORP CO 1.01,9.01 03/10/11 QLIK TECHNOLOGIES INC DE 5.02,9.01 03/09/11 REPROS THERAPEUTICS INC. DE 8.01,9.01 03/15/11 Resolute Energy Corp DE 2.02,9.01 03/15/11 Riverview Financial Corp PA 7.01,8.01,9.01 03/14/11 rue21, inc. DE 2.02,9.01 03/15/11 RURAL/METRO CORP /DE/ DE 7.01 03/03/11 Ryerson Holding Corp DE 8.01,9.01 03/14/11 RYERSON INC. DE 2.02,9.01 03/15/11 RYERSON INC. DE 8.01,9.01 03/14/11 SAGA COMMUNICATIONS INC DE 2.02,9.01 03/15/11 SAIC, Inc. 1.01,2.03,9.01 03/11/11 SARATOGA RESOURCES INC /TX TX 5.02,9.01 03/11/11 SeaCube Container Leasing Ltd. 5.02,9.01 03/15/11 SENESCO TECHNOLOGIES INC DE 5.07 03/11/11 Sensata Technologies Holding N.V. P7 5.07 03/09/11 SENTRY PETROLEUM LTD. 1.01,7.01,9.01 03/15/11 SGS International, Inc. DE 2.02,9.01 03/15/11 ShengdaTech, Inc. 8.01,9.01 03/15/11 Siberian Energy Group Inc. NV 5.03,5.07,9.01 02/28/11 SMARTHEAT INC. NV 2.02,9.01 03/15/11 Sono Resources, Inc. NV 5.03,9.01 03/14/11 SOTHEBYS DE 5.02 03/09/11 Southern National Bancorp of Virginia VA 4.01,9.01 03/09/11 STAAR SURGICAL CO DE 7.01 03/09/11 STEIN MART INC FL 2.02,9.01 03/10/11 STELLAR PHARMACEUTICALS INC 7.01,9.01 03/15/11 STEMCELLS INC DE 7.01,8.01,9.01 03/11/11 Strategic Storage Trust, Inc. MD 7.01,8.01,9.01 03/11/11 STUDIO ONE MEDIA, INC. DE 5.02 03/08/11 SUPERCLICK INC WA 2.02,9.01 03/14/11 SYPRIS SOLUTIONS INC DE 2.02,7.01,9.01 03/15/11 SYSTEMAX INC DE 2.02,9.01 03/15/11 TAKEDOWN ENTERTAINMENT INC. NV 7.01 02/10/11 TAMM Oil & Gas Corp. NV 5.02 03/10/11 TBS International plc L2 2.02,9.01 03/15/11 TCF FINANCIAL CORP DE 8.01,9.01 03/09/11 Teaching Time, Inc. FL 5.02 02/02/11 AMEND TheraBiogen, Inc. NV 5.02,9.01 03/10/11 THL Credit, Inc. DE 1.01,2.03,9.01 03/11/11 TPG Specialty Lending, Inc. DE 1.01,8.01,9.01 03/15/11 Tree.com, Inc. DE 2.05,2.06 03/10/11 TWO RIVERS WATER Co CO 3.02 03/02/11 Uni-Pixel DE 8.01,9.01 03/14/11 UNIGENE LABORATORIES INC DE 7.01,8.01,9.01 03/15/11 United eSystems, Inc. NV 8.01 03/09/11 UNIVERSAL AMERICAN CORP. NY 8.01,9.01 03/15/11 UNIVERSAL CITY DEVELOPMENT PARTNERS L 7.01 03/15/11 UNIVERSAL TRAVEL GROUP NV 8.01,9.01 03/15/11 URSTADT BIDDLE PROPERTIES INC MD 2.02,9.01 03/10/11 US ENERGY CORP WY 8.01,9.01 03/15/11 VECTREN CORP IN 7.01 12/31/10 Vera Bradley, Inc. 2.02,9.01 03/15/11 VirnetX Holding Corp DE 8.01,9.01 03/15/11 Voyager Oil & Gas, Inc. DE 2.02,9.01 03/15/11 Vystar Corp GA 1.01,2.03,9.01 03/11/11 Weatherford International Ltd./Switze V8 5.02,7.01 03/10/11 WEBDIGS INC MN 3.02,5.02 03/11/11 WebMD Health Corp. DE 1.01,2.03,3.02,9.01 03/08/11 AMEND WEIKANG BIO-TECHNOLOGY GROUP CO., INC NV 7.01,9.01 03/08/11 WELLS FARGO & CO/MN DE 8.01,9.01 03/15/11 WESTMORELAND COAL Co DE 2.02,5.02,9.01 03/09/11 WILLIAMS SONOMA INC CA 2.02,8.01,9.01 03/15/11 WILLIS LEASE FINANCE CORP DE 2.02,7.01,9.01 03/14/11 WINDSTREAM CORP DE 8.01,9.01 03/14/11 Wonder Auto Technology, Inc NV 1.01,9.01 03/12/11 Xtreme Oil & Gas, Inc. NV 8.01,9.01 03/15/11 YOUNG INNOVATIONS INC MO 8.01 03/15/11 Z3 ENTERPRISES, INC. NV 1.01,8.01,9.01 01/26/11 Zagg INC 2.02,9.01 03/14/11 ZEALOUS, INC. NV 7.01,9.01 03/09/11 Zolon Corp FL 4.01,9.01 03/11/11