SEC Staff and FINRA Issue Risk Alert on Broker-Dealer Branch Office Inspections
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) and the Financial Industry Regulatory Authority (FINRA) today issued a Risk Alert and a Regulatory Notice on broker-dealer branch inspections, and offered suggestions to help securities industry firms better perform this key supervisory function.
“A robust process for self-inspection of branch offices is a critical element of a firm’s compliance and supervision process, and a vital part of a comprehensive risk management program,” said Carlo di Florio, Director of OCIE. “This Risk Alert highlights practices that are characteristic of effective branch office supervisory systems, and describes major deficiencies that SEC and FINRA examiners have found in the branch inspection process.”
“An effective risk based branch office inspection program is an important component of a broker-dealer’s supervisory system and, when constructed and implemented reasonably, it can better protect investors and the firm’s own interests,” said Stephen Luparello, Vice Chairman of FINRA. “FINRA encourages broker-dealers to review this guidance and consider enhancements to their own branch office inspection programs.”
Along with specific requirements outlined in the report, effective practices observed by examiners include:
This is the second in a continuing series of Risk Alerts that the SEC’s national examination staff expects to issue. These documents are intended to alert senior management, risk management, and compliance managers in the securities industry to significant risks identified by the SEC’s national examination staff, so that industry members can more effectively address those risks. The following SEC staff contributed substantially to preparing this Risk Alert: Julius Leiman-Carbia, Daniel Gregus, Rich Hannibal, George Kramer, Barbara Lorenzen and Karol Pollock
The following FINRA staff also contributed substantially to preparing this Risk Alert: Michael Rufino, Paul Fagone, Donald Litteau and George Walz. (Press Rel. 2011-250)
In the Matter of Joseph Valko
On November 29, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) and Notice of Hearing against Joseph Valko. The proceedings are based on a judgment of permanent injunction entered by default in the civil action entitled Securities and Exchange Commission v. Joseph Valko, et al., Civil Action Number 11-80038-CV-MARRA/JOHNSON, in the United States District Court for the Southern District of Florida. The judgment permanently enjoins Valko from violations of Section 17(a) of the Securities Act of 1933, Sections 15(a) and 10(b) of the Exchange Act and Rule 10b-5 thereunder.
In the Order, the Division alleges Valko through telemarketers he managed, solicited investors to purchase securities in exchange for transaction-based compensation in the form of sales commissions. The Commission’s civil complaint alleges that from March through July 2008, Petroleum Unlimited, LLC and Petroleum Unlimited II, LLC raised approximately $2.9 million through offerings of limited liability company membership interests to investors. Valko conducted the private placement offerings through sales offices in Florida and New Jersey of a related company, GPS Management, Inc. GPS Management has never been registered with the Commission in any capacity. Valko was responsible for hiring, training, and monitoring GPS Management’s sales agents. Valko managed and operated the sales offices and knew sales agents and the offering materials were not advising investors about the sales commissions of 49% to 74%.
A hearing before an administrative law judge will be scheduled to determine whether the allegations in the Order are true, to provide the Respondent an opportunity to respond to these allegations, and to determine what, if any, remedial action is appropriate in the public interest. The Order directs the administrative law judge to issue an initial decision no later than 210 days from the date of service of the Order. (Rel. 34-65848; File No. 3-14647)
In the Matter of Robert Rossi
On November 29, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) and Notice of Hearing against Robert Rossi. The proceedings are based on a judgment of permanent injunction entered by default in the civil action entitled Securities and Exchange Commission v. Robert Rossi, et al., Civil Action Number 11-80038-CV-MARRA/JOHNSON, in the United States District Court for the Southern District of Florida. The judgment permanently enjoins Rossi from violations of Section 17(a) of the Securities Act of 1933, Sections 15(a) and 10(b) of the Exchange Act and Rule 10b-5 thereunder.
In the Order, the Division alleges Rossi through telemarketers he managed, solicited investors to purchase securities in exchange for transaction-based compensation in the form of sales commissions. The Commission’s civil complaint alleges that from March through July 2008, Petroleum Unlimited, LLC and Petroleum Unlimited II, LLC raised approximately $2.9 million through offerings of limited liability company membership interests to investors. Rossi conducted the private placement offerings through sales offices in Florida and New Jersey of a related company, GPS Management, Inc. Rossi was responsible for GPS Management’s day-to-day operations. GPS Management has never been registered with the Commission in any capacity. Rossi managed and operated the sales offices and knew sales agents and the offering materials were not advising investors about the sales commissions of 49% to 74%.
A hearing before an administrative law judge will be scheduled to determine whether the allegations in the Order are true, to provide the Respondent an opportunity to respond to these allegations, and to determine what, if any, remedial action is appropriate in the public interest. The Order directs the administrative law judge to issue an initial decision no later than 210 days from the date of service of the Order. (Rel. 34-65849; File No. 3-14648)
In the Matter of Hanes Morgan & Co., Inc. and Uche Akwuba
On November 29, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Sections 203(e), 203(f) and 203(k) of the Investment Advisers Act of 1940, and Section 9(b) of the Investment Company Act of 1940, Making Findings and Imposing Remedial Sanctions and a Cease-and-Desist Order. The Order finds that Respondents Hanes Morgan and Akwuba made false and misleading statements to potential advisory clients. The Order also finds that Respondents did not disclose Akwuba’s 1998 wire fraud conviction or his 1991 bar from association with any NASD member firm. The Order finds that Hanes Morgan willfully violated Sections 206(1), 206(2) and 206(4) of the Advisers Act, and Rules 206(4)-1(a)(3), 206(4)-1(a)(5) and 206(4)-4(a)(2) thereunder, and Akwuba willfully violated Sections 206(1) and 206(2) of the Advisers Act and willfully aided and abetted and caused Hanes Morgan’s violations.
Based on the above, the Order (i) requires Hanes Morgan and Akwuba to cease and desist from committing or causing any violations and any future violations of Sections 206(1), 206(2), and 206(4) and Rule 206(4)-1 promulgated thereunder; (ii) bars Akwuba from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, and prohibits him from serving or acting as an employee, officer, director, member of an advisory board, investment adviser or depositor of, or principal underwriter for, a registered investment company or affiliated person of such investment adviser, depositor, or principal underwriter; (iii) censures Hanes Morgan; and (iv) orders Hanes Morgan and Akwuba each to pay a civil monetary penalty in the amount of $100,000.
Hanes Morgan and Akwuba consented to the issuance of the Order without admitting or denying the Order’s findings. (Rel. IA-3326; IC-29877; File No. 3-14649)
Delinquent Filer’s Stock Registration Revoked
The registration of the registered securities of Si Mei Te Food Ltd. (f/k/a China Discovery Acquisition Corp.) has been revoked. It had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, it violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocation was ordered in an administrative proceeding before an administrative law judge. (Rel. 34-65850; File No. 3-14432)
In the Matter of Chetan Kapur
On November 30, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Chetan Kapur (Kapur).
On November 16, 2011, a judgment was entered by consent against Kapur, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, in the civil action entitled Securities and Exchange Commission v. Chetan Kapur, Civil Action Number 11-Civ-8094, in the United States District Court for the Southern District of New York. According to the Order, the Commission’s complaint alleges that Kapur and ThinkStrategy, over nearly seven years, misrepresented to their investors various information concerning the funds’ investment performance, longevity, assets, and the credentials and experience of ThinkStrategy’s management team. The complaint further alleges that, with respect to the Multi-Strategy Fund, Kapur and ThinkStrategy misstated the scope and quality of their due diligence checks on portfolio managers and hedge funds selected for investment. Had ThinkStrategy adhered to its stated due diligence standards, the Multi-Strategy Fund may not have invested detrimentally in several hedge funds that were later revealed to be Ponzi schemes or other serious frauds.
Based on the above, the Order bars Kapur from association with any broker, dealer, investment adviser, municipal securities dealer, municipal adviser, transfer agent, or nationally recognized statistical rating organization. Kapur consented to the issuance of the Order without admitting or denying the findings in the Order, except as to the entry of the injunction. (Rel. IA-3327; File No. 3-14650)
Former FDA Chemist Settles SEC Insider Trading Charges
The Commission today announced the entry of a final judgment against Cheng Yi Liang, a former chemist who worked at the U.S. Food and Drug Administration (FDA). The Commission previously alleged that Liang traded based on confidential information he obtained from the FDA in advance of at least 28 public announcements about FDA drug approval decisions for profits and losses avoided of more than $3.7 million. Liang concealed his trading by trading in eight brokerage accounts in the name of six nominees.
For example, the SEC alleged that Liang traded in advance of an FDA announcement approving Clinical Data’s application for the drug Viibryd. Liang accessed a confidential FDA database that contained critical documents and information about the FDA’s review of Clinical Data’s application, and then used that information to purchase more than 46,000 shares of Clinical Data at a cost of more than $700,000. After the markets closed on Friday, January 21, 2011, the FDA issued a press release approving Viibryd. Clinical Data’s stock price rose by more than 67 percent the following Monday, and Liang sold his entire Clinical Data position for a profit of approximately $380,000.
Without admitting or denying allegations in the amended complaint, Liang consented to entry of a final judgment enjoining him from future violations of the antifraud provisions of the federal securities laws and requiring him to pay $3,776,152 in disgorgement. Liang’s disgorgement will be deemed satisfied by the forfeiture order entered in the parallel criminal case, United States v. Cheng Yi Liang, Criminal No. 8:11-cr-00530-DKC (D. Md.), in which he pleaded guilty to charges of securities fraud and making false statements. [SEC v. Cheng Yi Liang, et al., Civil Action No. 8:11-cv-00819-DKC (D. Md.)] (LR-22171)
SEC Resolves Fraud-Based Lawsuit Against Chicago-Area Hedge Fund Adviser and Its Owner
The Securities and Exchange Commission announced today that on November 17 Judge John F. Grady of the U.S. District Court for the Northern District of Illinois entered a final judgment against Jeffrey R. Neufeld (Neufeld) and Paridon Capital Management LLC (Paridon) of Elgin, Illinois for defrauding the TCM Global Strategy Fund (TCM Fund or the fund), a hedge fund, and its investors. Without admitting or denying the Commission’s allegations, Neufeld and Paridon consented to the entry of the final judgment which imposed a $75,000 civil penalty against Neufeld.
Previously, on April 27, 2011, the Court permanently enjoined Neufeld and Paridon from violating Section 17(a) of the Securities Act of 1933, Sections 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), 206(2), 206(3), and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder. Neufeld and Paridon also consented to pay disgorgement and prejudgment interest of $53,182.33 to an injured investor.
According to the Commission’s complaint, Paridon, an investment adviser, and its owner, Neufeld, fraudulently operated the TCM Fund since 2006. Neufeld and Paridon allegedly lied about the fund’s assets under management and reported inflated returns that were not based on actual trading. They also used fictitious returns to lure investors into the TCM Fund. The complaint also alleges that Neufeld and Paridon caused the fund to use a significant portion of its investor money to buy “debt securities” issued by Paridon. Although called debt securities, this investment was in reality a loan from the fund to Paridon. The debt securities were also not permitted investments for the fund, were not disclosed and consented to by the fund, and were improperly marked up by Neufeld and Paridon to offset and hide significant trading losses. [SEC v. Jeffrey R. Neufeld and Paridon Capital Management LLC f/k/a Tritone Capital Management, LLC, Case No. 10-CV-2399 (N.D. IL)] (LR-22172)
A summary included in the November 4th issue of the Digest, entitled Federal Court Enters Judgments of Permanent Injunction and Other Relief Against Defendants Christopher M. Dubeau and Atlantis Technology Group, has been amended as follows:
Federal Court Enters Judgments of Permanent Injunction and Other Relief Against Defendants Christopher M. Dubeau and Atlantis Technology Group
The United States District Court for the Southern District of Florida has entered final judgments on consent against defendants Christopher M. Dubeau and Atlantis Technology Group, enjoining them from violating the antifraud provisions of the federal securities laws. The Court’s final judgments, issued on October 31, 2011, enjoin Dubeau and Atlantis from violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, and also enjoin Dubeau from violations of Section 17(a) of the Securities Act of 1933. In addition to granting injunctive relief, the Court permanently barred Dubeau from participating in an offering of a penny stock and from acting as an officer or director of any public company. The Court also ordered Dubeau to disgorge his ill-gotten gains of $312,000.00, plus prejudgment interest in the amount of $12,947.93, and pay a civil penalty of $100,000.00.
The Commission’s Complaint against Dubeau and Atlantis, filed September 30, 2010, alleges that from at least August 7, 2009 through April 5, 2010, they issued numerous false press releases claiming, among other things, that Atlantis’ subsidiary, Global Online Television Corporation (GOTV), offered internet protocol television and video phone services to consumers, and claiming that GOTV had relationships with television networks to offer their content to Atlantis subscribers. The Complaint further alleges these claims were not true because, at the time Atlantis issued its press releases, GOTV was not able to offer internet protocol television services to consumers or video phone service, and it did not have relationships with television networks to offer content to its subscribers. [Securities and Exchange Commission v. Atlantis Technology Group and Christopher M. Dubeau, Civil Action No. 10-61824-CIV-ZLOCH (S.D. Fla.)] (LR-22146A)
AllianceBernstein Cap Fund, Inc., et al.
A notice has been issued giving interested persons until December 20, 2011, to request a hearing on an application filed by AllianceBernstein Cap Fund, Inc., et al., for an order under Section 6(c) of the Investment Company Act of 1940 (Act) for an exemption from Rule 12d1-2(a) under the Act. The order would permit open-end management investment companies relying on Rule 12d1-2 under the Act to invest in certain financial instruments. (Rel. IC-29876 - November 29)
Approval of Proposed Rule Changes
The Commission granted approval of a proposed rule change (SR-PHLX-2011-140) submitted by NASDAQ OMX PHLX LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to amend the By-Laws of The NASDAQ OMX Group, Inc. Publication is expected in the Federal Register during the week of November 28. (Rel. 34-65841)
The Commission granted approval of a proposed rule change (SR-NASDAQ-2011-143) submitted by The NASDAQ Stock Market LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to amend the By-Laws of The NASDAQ OMX Group, Inc. Publication is expected in the Federal Register during the week of November 28. (Rel. 34-65844)
Proposed Rule Changes
NYSE Arca, Inc. filed a proposed rule change (SR-NYSEArca-2011-82) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder relating to the listing and trading of shares of the WisdomTree Emerging Markets Inflation Protection Bond Fund under NYSE Arca Equities Rule 8.600. Publication is expected in the Federal Register during the week of November 28. (Rel. 34-65846)
NYSE Arca, Inc. filed a proposed rule change (SR-NYSEArca-2011-81) pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 relating to the listing and trading of the Guggenheim Enhanced Short Duration High Yield Bond ETF under NYSE Arca Equities Rule 8.600. Publication is expected in the Federal Register during the week of November 28. (Rel. 34-65847)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change filed by The NASDAQ Stock Market LLC to adopt the QView service (SR-NASDAQ-2011-157) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of November 28. (Rel. 34-65851)
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-4 HUNTINGTON BANCSHARES INC/MD, HUNTINGTON CTR, 41 S HIGH ST HC0632, COLUMBUS, OH, 43287, 6144808300 - 0 ($300,000,000.00) Other, (File 333-178205 - Nov. 29) (BR. 12A) S-1 SAFEDOX, INC., 588 TECHNOLOGY COURT, SUITE 200, RIVERSIDE, CA, 92507, 951 682 4895 - 2,947,671 ($8,843,013.00) Equity, (File 333-178206 - Nov. 29) (BR. 03) S-3ASR MERIDIAN BIOSCIENCE INC, 3471 RIVER HILLS DR, CINCINNATI, OH, 45244, 5132713700 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178207 - Nov. 29) (BR. 01B) S-1 OLIE INC, 382 NE 191ST ST #84220, MIAMI, FL, 33179, 888 665 8884 - 0 ($40,000.00) Equity, (File 333-178208 - Nov. 29) (BR. 03) S-1 Service Team Inc., 7121 ENGINEER ROAD, SAN DIEGO, CA, 92111, 855-830-8111 - 5,000,000 ($5,000,000.00) Equity, (File 333-178210 - Nov. 29) (BR. 11) S-1 ImmunoCellular Therapeutics, Ltd., 21900 BURBANK BLVD., 3RD FLOOR, WOODLAND HILLS, CA, 91367, 818-992-2907 - 0 ($13,800,000.00) Equity, (File 333-178211 - Nov. 29) (BR. 01B) S-1 ProShares Trust II, 7501 WISCONSIN AVE, SUITE 1000, BETHESDA, MD, 20814, 240-497-6400 - 0 ($3,000,000.00) Other, (File 333-178212 - Nov. 29) (BR. 08B) S-8 NetApp, Inc., 495 EAST JAVA DR, SUNNYVALE, CA, 94089, 4088226000 - 11,200,000 ($366,695,000.00) Equity, (File 333-178213 - Nov. 29) (BR. 03A) S-3ASR ANNALY CAPITAL MANAGEMENT INC, 1211 AVENUE OF THE AMERICAS, NEW YORK, NY, 10036, 212 696 0100 - 100,000,000 ($1,579,000,000.00) Equity, (File 333-178214 - Nov. 29) (BR. 08B) F-3ASR Melco Crown Entertainment LTD, 36TH FLOOR, THE CENTRIUM., 60 WYNDHAM STREET, CENTRAL, HONG KONG., K3, 00000, (852) 2598 3600 - 0 ($0.00) ADRs/ADSs, (File 333-178215 - Nov. 29) (BR. 08C) S-8 HELEN OF TROY LTD, CLARENDON HOUSE, CHURCH STREET, HAMILTON BERMUDA, D0, -, 915-225-8000 - 0 ($82,110,000.00) Equity, (File 333-178217 - Nov. 29) (BR. 11C) N-2 Endowment Institutional TEI Fund, L.P., 4265 SAN FELIPE, 8TH FLOOR, HOUSTON, TX, 77027, 713-993-4675 - 0 ($0.00) Limited Partnership Interests, (File 811-22639 - Nov. 29) (BR. 17)
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 'mktg, inc.' DE 1.01,1.02,2.03,3.03, 11/23/11 9.01 250 WEST 57TH ST ASSOCIATES L.L.C. NY 8.01 11/29/11 60 EAST 42ND STREET ASSOCIATES L.L.C. NY 8.01 11/29/11 AbitibiBowater Inc. DE 1.01,8.01,9.01 11/28/11 Abtech Holdings, Inc. NV 3.02,9.01 11/22/11 ADA-ES INC CO 1.01,9.01 11/28/11 ADVANCED BATTERY TECHNOLOGIES, INC. DE 5.07 11/28/11 ALLIANCE BANKSHARES CORP 1.01,1.02,7.01,9.01 11/28/11 ALLIANCE FINANCIAL CORP /NY/ NY 8.01,9.01 11/29/11 AlumiFuel Power Corp NV 5.02,9.01 11/23/11 AMERICAN AIRLINES INC DE 1.03,2.04,5.02,8.01, 11/28/11 9.01 AMERICAN ELECTRIC POWER CO INC NY 7.01 11/29/11 AMERICAN GREETINGS CORP OH 8.01,9.01 11/16/11 AMERICAN REALTY CAPITAL HEALTHCARE TR MD 2.01,2.03,9.01 11/22/11 American Realty Capital Trust III, In MD 2.01,9.01 11/29/11 AMERICAN SUPERCONDUCTOR CORP /DE/ DE 2.05 11/29/11 AMERICAN TOWER CORP /MA/ DE 5.07,7.01,8.01,9.01 11/29/11 AMR CORP DE 1.03,2.04,5.02,8.01, 11/28/11 9.01 Andatee China Marine Fuel Services Co DE 8.01,9.01 11/23/11 ARBITRON INC DE 7.01 10/28/11 Arlington Asset Investment Corp. VA 7.01,9.01 11/29/11 AspenBio Pharma, Inc. CO 8.01,9.01 11/28/11 ASSURED GUARANTY LTD D0 8.01 11/28/11 AT&T INC. DE 8.01 11/28/11 AURORA GOLD CORP DE 1.01,7.01,9.01 11/24/11 AUXILIUM PHARMACEUTICALS INC 5.02,9.01 11/28/11 AVI BIOPHARMA INC OR 1.01 11/23/11 BAR HARBOR BANKSHARES ME 5.03 11/22/11 BEACON ROOFING SUPPLY INC DE 2.02,9.01 11/29/11 BECTON DICKINSON & CO NJ 5.02 11/28/11 BELDEN INC. DE 1.01,9.01 11/23/11 BENIHANA INC DE 3.03,5.07,7.01,9.01 11/29/11 BERKSHIRE HILLS BANCORP INC 8.01,9.01 11/29/11 BIOGEN IDEC INC. DE 8.01 11/29/11 BIOTIME INC CA 5.02,9.01 11/28/11 Blueknight Energy Partners, L.P. DE 7.01,9.01 11/29/11 Bonanza Goldfield Corp. NV 8.01,9.01 11/15/11 BOVIE MEDICAL CORP DE 1.02,5.02,8.01,9.01 11/22/11 CADENCE PHARMACEUTICALS INC 2.05 11/28/11 Cadista Holdings Inc. DE 1.01,9.01 11/23/11 CAGLES INC GA 2.03 11/23/11 CAMDEN NATIONAL CORP ME 8.01,9.01 11/29/11 Campus Crest Communities, Inc. MD 1.01,2.03 11/23/11 CANYON COPPER CORP. 1.01,9.01 11/25/11 CAPITAL ONE FINANCIAL CORP DE 7.01 11/29/11 CAREER EDUCATION CORP DE 5.02,9.01 11/22/11 AMEND CHART INDUSTRIES INC DE 7.01,9.01 11/29/11 China Energy Recovery, Inc. DE 1.01 11/25/11 China Energy Recovery, Inc. DE 5.07 11/28/11 CHIQUITA BRANDS INTERNATIONAL INC NJ 2.05,9.01 11/28/11 CITIZENS HOLDING CO /MS/ MS 7.01,9.01 11/28/11 CMS ENERGY CORP MI 7.01,9.01 11/29/11 CNO Financial Group, Inc. DE 7.01,9.01 11/28/11 COGNIZANT TECHNOLOGY SOLUTIONS CORP 5.02 11/28/11 Colonial Financial Services, Inc. MD 8.01 11/28/11 CONSOLIDATED TOMOKA LAND CO FL 1.01,5.02,9.01 11/28/11 COPART INC CA 2.02,9.01 11/28/11 CORNING INC /NY NY 8.01 11/29/11 Corporate Resource Services, Inc. DE 2.01,9.01 11/29/11 AMEND COSTCO WHOLESALE CORP /NEW WA 5.02 11/23/11 AMEND CROSS COUNTRY HEALTHCARE INC DE 2.02,7.01,9.01 11/29/11 CULP INC NC 2.02,9.01 11/29/11 CVS CAREMARK CORP DE 8.01,9.01 11/29/11 CYS Investments, Inc. MD 7.01,9.01 11/29/11 CYTOKINETICS INC 8.01,9.01 11/29/11 DATAMILL MEDIA CORP. 9.01 11/25/11 AMEND Discover Card Execution Note Trust DE 1.01,8.01,9.01 11/29/11 Douglas Lake Minerals Inc. NV 7.01,9.01 11/29/11 DTE ENERGY CO MI 7.01,9.01 11/28/11 DUCOMMUN INC /DE/ DE 5.07 05/04/11 AMEND DYNASIL CORP OF AMERICA NJ 5.02,9.01 11/22/11 DYNASIL CORP OF AMERICA NJ 5.02 11/29/11 EAGLE BANCORP INC MD 8.01,9.01 11/29/11 EAGLE BANCORP INC MD 8.01,9.01 11/29/11 AMEND ECOLOGY COATINGS, INC. NV 1.01 11/29/11 EDUCATIONAL DEVELOPMENT CORP DE 8.01,9.01 11/29/11 EINSTEIN NOAH RESTAURANT GROUP INC DE 8.01,9.01 11/29/11 EMPIRE STATE BUILDING ASSOCIATES L.L. NY 8.01 11/29/11 EMULEX CORP /DE/ DE 5.02,5.07,9.01 11/29/11 EN2GO INTERNATIONAL INC NV 3.02 11/22/11 EQUITY LIFESTYLE PROPERTIES INC MD 5.02 11/28/11 EVANS BANCORP INC NY 7.01 11/28/11 EXXON MOBIL CORP NJ 5.02 11/29/11 Federal Home Loan Bank of Boston X1 2.03 11/22/11 Federal Home Loan Bank of Chicago X1 2.03 11/23/11 Federal Home Loan Bank of Des Moines X1 2.03,9.01 11/25/11 Federal Home Loan Bank of Indianapoli X1 2.03,9.01 11/29/11 Federal Home Loan Bank of New York X1 8.01,9.01 11/29/11 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 11/23/11 Federal Home Loan Bank of San Francis X1 2.03 11/23/11 Federal Home Loan Bank of Seattle 2.03 11/23/11 FENTURA FINANCIAL INC MI 5.02 11/29/11 FINISH LINE INC /IN/ IN 5.02,9.01 11/22/11 FIRST COMMUNITY BANCSHARES INC /NV/ NV 7.01 11/29/11 Forex International Trading Corp. NV 2.02,7.01,9.01 11/28/11 FS Investment CORP MD 2.02,9.01 11/29/11 GANNETT CO INC /DE/ DE 5.02,9.01 11/28/11 GENCORP INC OH 8.01 11/23/11 General Growth Properties, Inc. DE 5.02,9.01 11/28/11 Genesis Biopharma, Inc NV 9.01 08/05/11 AMEND GENTIVA HEALTH SERVICES INC DE 1.01,2.03,7.01,9.01 11/28/11 GLOBE SPECIALTY METALS INC 8.01,9.01 11/28/11 GOLDRICH MINING CO AK 3.02,7.01,9.01 11/21/11 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 10/31/11 Great Lakes Dredge & Dock CORP DE 8.01,9.01 11/29/11 GREEN BANKSHARES, INC. TN 4.01,9.01 11/23/11 GRYPHON GOLD CORP NV 1.01,2.03,3.02,9.01 11/22/11 GSE SYSTEMS INC DE 1.01 11/29/11 Hanesbrands Inc. MD 8.01,9.01 11/28/11 HAYNES INTERNATIONAL INC DE 5.02 10/25/11 HEALTHCARE TRUST OF AMERICA, INC. MD 7.01,9.01 11/29/11 HELMERICH & PAYNE INC DE 7.01,9.01 11/29/11 Highpower International, Inc. DE 5.07 11/22/11 HOME BANCORP, INC. LA 5.07 05/04/11 AMEND HORACE MANN EDUCATORS CORP /DE/ DE 5.04,9.01 11/28/11 Horizon Lines, Inc. 1.01,9.01 11/23/11 HORMEL FOODS CORP /DE/ DE 2.03,9.01 11/22/11 HOST HOTELS & RESORTS, INC. MD 1.01,2.03,9.01 11/22/11 ICONIX BRAND GROUP, INC. DE 1.01,2.03,9.01 11/22/11 IDT CORP DE 5.02,9.01 11/22/11 IMMUNOGEN INC MA 7.01 11/29/11 INFINITY PHARMACEUTICALS, INC. DE 2.03,8.01,9.01 11/28/11 INHIBITEX, INC. DE 8.01,9.01 11/29/11 Innocent, Inc. 4.01,9.01 11/23/11 Intelimax Media Inc. 1.01,3.02,9.01 11/28/11 INUVO, INC. NV 7.01,9.01 11/29/11 INVESTORS CAPITAL HOLDINGS LTD MA 5.02 11/22/11 J CREW GROUP INC DE 5.02,9.01 11/28/11 Janus Resources, Inc. NV 5.07,7.01,9.01 11/25/11 Kiwibox.Com, Inc. DE 7.01,9.01 11/29/11 LAKES ENTERTAINMENT INC MN 1.01,9.01 11/22/11 Li3 Energy, Inc. NV 1.01,9.01 11/23/11 LIGHTSTONE VALUE PLUS REAL ESTATE INV MD 8.01,9.01 11/28/11 Lightstone Value Plus Real Estate Inv MD 8.01,9.01 11/28/11 LITHIUM TECHNOLOGY CORP DE 8.01,9.01 11/29/11 M&T BANK CORP NY 7.01,9.01 11/29/11 Marriott Vacations Worldwide Corp DE 5.02 11/22/11 MATTRESS FIRM HOLDING CORP. DE 5.03,9.01 11/23/11 Mayflower Bancorp Inc MA 2.02,9.01 11/22/11 MedQuist Holdings Inc. DE 5.02,9.01 11/21/11 MET PRO CORP PA 8.01,9.01 11/29/11 MTS SYSTEMS CORP MN 5.02,5.03,9.01 11/22/11 Mueller Water Products, Inc. DE 7.01,9.01 11/29/11 Mueller Water Products, Inc. DE 2.02,9.01 11/29/11 AMEND NATIONAL FUEL GAS CO NJ 7.01,9.01 11/29/11 NCO Group, Inc. DE 8.01 11/29/11 NET 1 UEPS TECHNOLOGIES INC 5.07 11/29/11 NETSCOUT SYSTEMS INC DE 1.01,1.02,2.03,9.01 11/22/11 NEWPARK RESOURCES INC DE 1.01,2.03,3.03,7.01, 11/22/11 9.01 NEWS CORP 8.01,9.01 11/29/11 NEXTERA ENERGY INC FL 7.01 11/29/11 NPC INTERNATIONAL INC KS 7.01,9.01 11/29/11 NXT Nutritionals Holdings, Inc. DE 1.01,2.03,3.02,9.01 11/21/11 OGE ENERGY CORP. OK 7.01 11/29/11 OmniAmerican Bancorp, Inc. MD 7.01,9.01 11/29/11 OMNIVISION TECHNOLOGIES INC DE 2.02,9.01 11/29/11 Oraco Resources, Inc. NV 7.01,8.01,9.01 11/21/11 ORASURE TECHNOLOGIES INC DE 7.01,9.01 11/29/11 ORION ENERGY SYSTEMS, INC. WI 8.01,9.01 11/23/11 OSL HOLDINGS INC. 8.01,9.01 11/29/11 Pendrell Corp DE 8.01 11/28/11 PENN MILLERS HOLDING CORP 5.07,8.01,9.01 11/29/11 PENNS WOODS BANCORP INC PA 5.03,9.01 11/22/11 PEOPLES BANCORPORATION INC /SC/ SC 5.02 11/22/11 PG&E CORP CA 8.01,9.01 11/28/11 PHYTOMEDICAL TECHNOLOGIES INC NV 5.03,7.01,9.01 11/21/11 Piedmont Office Realty Trust, Inc. MD 1.01,2.03,9.01 11/22/11 PINNACLE BANKSHARES CORP VA 7.01,9.01 11/29/11 PMFG, Inc. DE 5.02,9.01 11/29/11 PMI GROUP INC DE 3.01 11/28/11 PNC FINANCIAL SERVICES GROUP, INC. PA 8.01 11/29/11 POWERSECURE INTERNATIONAL, INC. DE 7.01,9.01 11/22/11 PRESIDENTIAL LIFE CORP DE 5.02,9.01 11/28/11 Primo Water Corp DE 2.03,9.01 11/23/11 PRIMUS GUARANTY LTD 3.01,9.01 11/29/11 PROSPECT GLOBAL RESOURCES INC. NV 1.01,3.02,9.01 11/22/11 PROSPERITY BANCSHARES INC TX 7.01,9.01 11/29/11 PUBLIC SERVICE ENTERPRISE GROUP INC NJ 7.01,9.01 11/29/11 PURE CYCLE CORP CO 8.01 11/28/11 RADIENT PHARMACEUTICALS Corp DE 1.01,2.03,3.02,3.03, 11/28/11 7.01,9.01 RAYMOND JAMES FINANCIAL INC FL 5.02,7.01,9.01 11/22/11 Regeneca, Inc. NV 9.01 08/09/11 AMEND Resource Real Estate Opportunity REIT MD 8.01 09/30/11 RICI Linked - PAM Advisors Fund, LLC DE 2.06 11/21/11 Rockville Financial, Inc. /CT/ CT 8.01,9.01 11/29/11 RoomStore, Inc. VA 5.02 11/22/11 RTI INTERNATIONAL METALS INC OH 8.01 11/23/11 S&W Seed Co DE 1.01 11/22/11 SaveDaily Inc NV 1.01,3.02,8.01,9.01 11/21/11 Seagate Technology plc L2 7.01,9.01 11/28/11 SHOSHONE SILVER MINING CO INC ID 4.01 11/01/11 Solar Thin Films, Inc. DE 4.01,9.01 11/07/11 AMEND SOLUTIA INC DE 8.01,9.01 11/28/11 SOUTHWALL TECHNOLOGIES INC /DE/ DE 3.01,3.03,5.01,5.02, 11/23/11 5.03,9.01 STERLING CONSTRUCTION CO INC DE 9.01 11/28/11 STONERIDGE INC OH 1.01,9.01 11/22/11 Sucampo Pharmaceuticals, Inc. 7.01,9.01 11/29/11 SunCoke Energy, Inc. 2.02,7.01,9.01 11/29/11 SUNOCO INC PA 1.01,1.02,2.03,9.01 11/22/11 SURMODICS INC MN 2.02,7.01 11/29/11 SURREY BANCORP NC 8.01,9.01 11/28/11 SYMS CORP NJ 5.02 11/28/11 TC PIPELINES LP DE 7.01,9.01 11/29/11 TCF FINANCIAL CORP DE 2.02,7.01,9.01 11/29/11 TE Connectivity Ltd. V8 1.01,7.01,9.01 11/29/11 TEGAL CORP /DE/ DE 8.01,9.01 11/22/11 TELEPHONE & DATA SYSTEMS INC /DE/ DE 8.01,9.01 11/29/11 TELLABS INC DE 4.02 11/28/11 Tennessee Commerce Bancorp, Inc. TN 3.01,9.01 11/22/11 TESSERA TECHNOLOGIES INC DE 8.01,9.01 11/29/11 TIAA REAL ESTATE ACCOUNT NY 2.02,7.01,9.01 11/29/11 TIAA REAL ESTATE ACCOUNT NY 8.01,9.01 11/29/11 TIFFANY & CO DE 2.02,9.01 11/29/11 TNP Strategic Retail Trust, Inc. MD 7.01,9.01 11/29/11 Tower Group, Inc. DE 7.01,9.01 11/29/11 TOWER PARK MARINA INVESTORS LP CA 8.01 11/28/11 TRANS WORLD ENTERTAINMENT CORP NY 5.02,9.01 11/29/11 TRANSATLANTIC HOLDINGS INC DE 8.01,9.01 11/28/11 TransDigm Group INC DE 5.02 11/28/11 TRX INC/GA GA 1.01 11/28/11 Under Armour, Inc. MD 8.01,9.01 11/29/11 UNIVERSAL HOSPITAL SERVICES INC MN 7.01,9.01 11/29/11 UNIVERSAL TECHNICAL INSTITUTE INC DE 2.02,9.01 11/29/11 VALIDUS HOLDINGS LTD 1.01,9.01 11/23/11 VERIFONE SYSTEMS, INC. DE 2.02,7.01,9.01 11/28/11 VERISIGN INC/CA DE 1.01,2.03,9.01 11/22/11 VirnetX Holding Corp DE 5.02 11/22/11 VYCOR MEDICAL INC DE 5.02,9.01 11/22/11 WALTER INVESTMENT MANAGEMENT CORP MD 7.01,9.01 11/29/11 Western Refining, Inc. DE 7.01,9.01 11/29/11 White River Capital Inc IN 8.01,9.01 11/28/11 WILSHIRE BANCORP INC 5.02 11/25/11 WORLD ACCEPTANCE CORP SC 8.01 11/29/11 XPO Logistics, Inc. DE 7.01,8.01,9.01 11/29/11 Your Event, Inc. NV 5.02 11/29/11 Z TRIM HOLDINGS, INC IL 7.01,8.01,9.01 11/29/11 ZHONE TECHNOLOGIES INC DE 3.01 11/28/11