Securities and Exchange Commission Suspends Trading in Microcap Issuers
The Securities and Exchange Commission (Commission) announced the temporary suspension of trading in the securities of the following issuers, commencing at 12 noon EST on December 1, 2011 and terminating at 11:59 p.m. on December 14, 2011:
The Commission temporarily suspended trading in the securities of each of the issuers because of questions that have been raised about the accuracy and adequacy of publicly disseminated information concerning them. The order was entered pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).
The Commission cautions brokers, dealers, shareholders and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by these companies.
Brokers and dealers should be alerted to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspension, no quotation may be entered relating to the securities of these issuers unless and until the broker or dealer has strictly complied all of the provisions of the rule. If any broker or dealer is uncertain as to what is required by the rule, it should refrain from entering quotations relating to the securities of these issuers until such time as it has familiarized itself with the rule and is certain that all of its provisions have been met. Any broker or dealer with questions regarding the rule should contact the staff of the Securities and Exchange Commission in Washington, D.C. at (202) 551-5720. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action.
If any broker, dealer or other person has any information which may relate to this matter, John T. Dugan of the Boston Regional Office of the Securities and Exchange Commission should be telephoned at (617) 573-8936. (Rel. 34-65857)
SEC Charges Multiple Hedge Fund Managers with Fraud in Inquiry Targeting Suspicious Investment Returns
As part of an initiative to combat hedge fund fraud by identifying abnormal investment performance, the Securities and Exchange Commission today announced enforcement actions against three separate advisory firms and six individuals for various misconduct including improper use of fund assets, fraudulent valuations, and misrepresenting fund returns.
Under the initiative – the Aberrational Performance Inquiry – the SEC Enforcement Division’s Asset Management Unit uses proprietary risk analytics to evaluate hedge fund returns. Performance that appears inconsistent with a fund’s investment strategy or other benchmarks forms a basis for further scrutiny.
In particular, the SEC alleges that the firms and managers engaged in a wide variety of illegal practices in the management of hedge funds or private pooled investment vehicles, including fraudulent valuation of portfolio holdings, misuse of fund assets, and misrepresentations to investors about critical attributes such as performance, assets, liquidity, investment strategy, valuation procedures, and conflicts of interest.
“We’re using risk analytics and unconventional methods to help achieve the holy grail of securities law enforcement – earlier detection and prevention,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “This approach, especially in the absence of a tip or complaint, minimizes both the number of victims and the amount of loss while increasing the chance of recovering funds and charging the perpetrators.”
Robert Kaplan and Bruce Karpati, Co-Chiefs of the SEC Enforcement Division’s Asset Management Unit, added, “The extraordinary returns reported by these advisers and portfolio managers were, in most cases, too good to be true. In other cases, outlier returns were a telltale sign that something else was amiss. We are applying analytics across the investment adviser space – beyond performance and beyond hedge funds.”
The SEC has filed several enforcement actions to date stemming from this initiative. Of the four actions announced today, three were filed in federal court and one was brought as an administrative proceeding.
Michael Balboa and Gilles De Charsonville
The SEC today charged two individuals for engaging in a fraudulent scheme to overvalue the reported returns and net asset value of the Millennium Global Emerging Credit Fund. At its peak in October 2008, the hedge fund’s reported assets were $844 million.
The SEC’s complaint alleges that Michael Balboa, the fund’s former portfolio manager, schemed with two European-based brokers including Gilles De Charsonville of BCP Securities LLC to inflate the fund’s reported monthly returns and net asset value by manipulating its supposedly independent valuation process.
Separately, the U.S. Attorney’s Office for the Southern District of New York announced the arrest of Balboa and simultaneous filing of a criminal action against him.
According to the SEC complaint, from at least January to October 2008, Balboa surreptitiously provided De Charsonville and another broker with fictional prices for two of the fund’s illiquid securities holdings for them to pass on to the fund’s outside valuation agent and its auditor. The scheme caused the fund to drastically overvalue these securities holdings by as much as $163 million in August 2008, which in turn allowed the fund to report inflated and falsely-positive monthly returns. By overstating the fund’s returns and overall net asset value, Balboa was able to attract at least $410 million in new investments, deter about $230 million in eligible redemptions, and generate millions of dollars in inflated management and performance fees.
The SEC’s investigation, which continues, was conducted by Bill Conway, Brian Fitzpatrick, and Alison Conn of the New York Regional Office. Nancy Brown is leading the SEC’s litigation effort.
The SEC acknowledges the assistance and cooperation of the U.S. Attorney, U.S. Postal Inspection Service, U.K. Financial Services Authority, Bermuda Monetary Authority, Comisión Nacional del Mercado de Valores, Guernsey Financial Services Authority, and Nigeria Securities and Exchange Commission.
ThinkStrategy Capital Management and Chetan Kapur
The SEC charged New York-based hedge fund firm ThinkStrategy Capital Management LLC and its sole managing director Chetan Kapur with fraud in connection with two separate hedge funds they managed (ThinkStrategy Capital Fund and TS Multi-Strategy Fund). At its peak in 2008, ThinkStrategy managed approximately $520 million in assets.
The SEC’s complaint filed on Nov. 9, 2011 alleges that ThinkStrategy and Kapur engaged in a pattern of deceptive conduct designed to bolster their track record, size, and credentials. In particular, they materially overstated the performance of the Capital Fund and gave investors the false impression that the fund’s returns were consistently positive and minimally volatile. ThinkStrategy and Kapur also repeatedly inflated the firm’s assets, exaggerated the firm’s longevity and performance history, and misrepresented the size and credentials of firm’s management team.
ThinkStrategy and Kapur consented to the entry of judgments permanently enjoining them from violating the antifraud provisions of the securities laws, and have agreed to pay financial penalties and disgorgement in an amount to be determined by a federal court. Kapur consented to the entry of an SEC order, instituted Nov. 30, 2011, barring him from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.
The SEC’s investigation was conducted by Darren Long, Jeffrey Anderson, and Scott Weisman. Michael Semler is leading the remaining litigation effort.
Patrick Rooney and Solaris Management
The SEC charged Oakbrook, Ill. resident Patrick G. Rooney and his company Solaris Management LLC for fraudulently misusing the assets of the Solaris Opportunity Fund LP, to which it was the investment adviser.
According to the SEC’s complaint filed on Nov. 16, 2011 in federal court in Chicago, Rooney and Solaris made a radical change in the fund’s investment strategy, contrary to the fund’s offering documents and marketing materials, by becoming wholly invested in Positron Corp., a financially troubled microcap company.
The SEC alleges that Rooney, who has been Chairman of Positron since 2004 and received salary and stock options from Positron since September 2005, misused the Solaris Fund’s money by investing more than $3.6 million in Positron through both private transactions and market purchases. Many of the private transactions were undocumented while other investments were interest-free loans to Positron. Rooney and Solaris hid the Positron investments and Rooney’s relationship with the company from the fund’s investors for over four years. Although Rooney finally told investors about the Positron investments in a March 2009 newsletter, he allegedly lied by telling them he became Chairman to safeguard the fund’s investments. These investments benefited Positron and Rooney while providing the fund with a concentrated, undiversified, and illiquid position in a cash-poor company with a lengthy track record of losses.
The SEC’s investigation was conducted by Andrew Shoenthal, Malinda Grish, Ann Tushaus, Linda Gerstman, and Paul Montoya of the Chicago Regional Office. Timothy Leiman is leading the litigation effort.
LeadDog Capital Markets, Chris Messalas and Joseph LaRocco
The SEC instituted administrative proceedings against unregistered investment adviser LeadDog Capital Markets LLC and its general partners and owners Chris Messalas and Joseph LaRocco for misrepresenting or failing to disclose material information to investors in the LeadDog Capital LP fund.
In proceedings instituted on Nov. 15, 2011, the SEC Division of Enforcement alleges that LeadDog, Messalas, and LaRocco induced investors to invest in a hedge fund they controlled through material misrepresentations and omissions concerning among other things Messalas’s negative regulatory history as a securities professional, compensation received by Messalas and LaRocco in connection with the fund’s investments, and Messalas’s substantial ownership interest in, and control of, some of the same companies to which he directed fund investments.
In addition, LeadDog, Messalas, and LaRocco allegedly misrepresented to, and concealed from, existing and prospective investors the substantial conflicts of interests and related party transactions that characterized the fund’s illiquid investments. For example, to induce one elderly investor to invest $500,000 in the fund, LeadDog, Messalas, and LaRocco represented falsely that at least half of the fund’s assets were liquid and could be marked to market each day, and that the investor could exit the fund at any time.
The SEC’s investigation was conducted by Luke Fitzgerald, Lisa Knoop, James Flynn, and Ken C. Joseph of the New York Regional Office. Richard Primoff is leading the litigation. (Press Rel. 2011-252)
Closed Meeting on Thursday, December 8, 2011 at 2:00 p.m.
The subject matter of the Closed Meeting scheduled for Thursday, December 8, 2011 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; adjudicatory matters; and other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.
In the Matter of RMD Technologies, Inc.
An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default as to Five Respondents (Default Order) in RMD Technologies, Inc., Admin. Proc. No. 3-14616. The Order Instituting Proceedings alleged that Respondents repeatedly failed to file required annual and quarterly reports while their securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true and revokes the registration of each class of registered securities of RMD Technologies, Inc., Rockwall Holdings, Inc., Royston Mannor Estates, Inc., Southmark Corp., and Stargold Mines, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934.
Respondent Stelax Industries, Ltd. remains in the proceeding. Respondents Stem Cell Innovations, Inc., and Surfect Holdings, Inc., have agreed to settle with the Division of Enforcement. (Rel. 34-65855; File No. 3-14616)
Commission Declares Decision as to Aqua Society, Inc. Final
The decision of an administrative law judge revoking the registration of the registered securities of Aqua Society, Inc., has become final. The law judge found that Aqua Society Inc, a Nevada corporation headquartered in Herten, Germany, violated Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 by not filing any annual and quarterly reports with the Commission since August 2007, when it filed a Form10-QSB for the period ended June 30, 2007.
The law judge noted that on July 13, 2011, the Commission issued both an OIP and an order that temporarily suspended trading in Aqua’s securities; and, that on October 14, 2011, Aqua sought to voluntarily terminate its registration by filing a Form 15 in an effort to circumvent sanctions under Section 12(j).
The law judge found that Aqua’s violations were serious and recurrent, and that "its efforts to remedy its past violations were sketchy, at best." The law judge further noted that revocation of the registration of Aqua’s registered securities would serve the public interest and protect investors, pursuant to Section 12(j) of the Exchange Act. (Rel. 34-65856; File No. 3-14463)
Immediate Effectiveness of Proposed Rule Changes
A proposed rule change filed by NASDAQ OMX PHLX LLC to extend the pilot period to allow cabinet trading to take place below $1 per option contract (SR-Phlx-2011-156) has become effective under Section 19(b)(3)(A) of the Exchange Act. Publication is expected in the Federal Register during the week of December 5. (Rel. 34-65852)
A proposed rule change filed by the NASDAQ OMX PHLX LLC (SR-Phlx-2011-157) relating to Active Specialized Quote Feed Port Fee 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 December 5. (Rel. 34-65853)
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-1 HYPERVIEW LTD., 1848 HARRIS BRIDGE ROAD, ANDERSON, SC, 29621, 6129750001 - 11,728 ($1,172.80) Equity, (File 333-178218 - Nov. 30) (BR. 09) S-3 API Technologies Corp., 2200 SMITHTOWN AVENUE, RONKONKOMA, NY, 11779, 631-981-2400 - 0 ($17,312,657.20) Equity, (File 333-178219 - Nov. 30) (BR. 10A) S-8 Adama Technologies Corp, 76/7 ZALMAN SHAZAR STREET, HOD HASHARON, L3, 45350, 972-544-646141 - 3,000,000 ($870,000.00) Equity, (File 333-178221 - Nov. 30) (BR. 11A) S-8 Amarantus BioSciences, Inc., 675 ALMANOR AVE., SUNNYVALE, CA, 94085, (408) 737-2734 - 7,500,000 ($1,237,500.00) Equity, (File 333-178222 - Nov. 30) (BR. 01A) S-8 YRC Worldwide Inc., 10990 ROE AVENUE, OVERLAND PARK, KS, 66211, 913-696-6100 - 0 ($24,000,000.00) Equity, (File 333-178223 - Nov. 30) (BR. 05C) F-3ASR AEGON NV, AEGONPLEIN 50, PO BOX 85, THE HAGUE, P7, 2501 CB, 011-31-70-344-7308 - 0 ($20,084,982.00) Equity, (File 333-178224 - Nov. 30) (BR. 01A) F-3ASR AEGON NV, AEGONPLEIN 50, PO BOX 85, THE HAGUE, P7, 2501 CB, 011-31-70-344-7308 - 0 ($5,865,000.00) Equity, (File 333-178225 - Nov. 30) (BR. 01A) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 0 ($14,880,000.00) Equity, (File 333-178226 - Nov. 30) (BR. 01B) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 0 ($1,984,000.00) Equity, (File 333-178227 - Nov. 30) (BR. 01B) S-8 ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 0 ($992,000.00) Equity, (File 333-178228 - Nov. 30) (BR. 01B) S-8 THQ INC, 29903 AGOURA ROAD, AGOURA HILLS, CA, 91301, 8188715000 - 8,000,000 ($14,210,000.00) Equity, (File 333-178229 - Nov. 30) (BR. 03C) S-1 MARATHON BAR CORP, 427 N TATNALL ST #32607, WILMINGTON, DE, 19801, 888 267 1134 - 1,500,000 ($150,000.00) Equity, (File 333-178230 - Nov. 30) (BR. 04) S-8 SCHOLASTIC CORP, 555 BROADWAY, NEW YORK, NY, 10012, 2123436100 - 300,000 ($7,314,000.00) Equity, (File 333-178243 - Nov. 30) (BR. 05C) S-4 Seven Seas Cruises S. DE R.L., 8300 NW 33RD STREET, SUITE 100, MIAMI, FL, 33122, 305-514-2300 - 0 ($225,000,000.00) Non-Convertible Debt, (File 333-178244 - Nov. 30) (BR. ) S-1 AURA SYSTEMS INC, 2335 ALASKA AVE, EL SEGUNDO, CA, 90245, 3106435300 - 13,034,000 ($8,602,440.00) Equity, (File 333-178245 - Nov. 30) (BR. 10A) S-8 SCHOLASTIC CORP, 555 BROADWAY, NEW YORK, NY, 10012, 2123436100 - 2,100,000 ($51,198,000.00) Equity, (File 333-178246 - Nov. 30) (BR. 05C)
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 ACTUATE CORP DE 1.01,9.01 11/28/11 ADA-ES INC CO 7.01,8.01,9.01 11/29/11 AeroGrow International, Inc. NV 1.01,2.03,9.01 11/23/11 AFFYMETRIX INC DE 1.01 11/29/11 ALEXION PHARMACEUTICALS INC DE 8.01,9.01 11/29/11 ALLIANCE FIBER OPTIC PRODUCTS INC CA 8.01,9.01 11/30/11 AMBASSADORS INTERNATIONAL INC DE 7.01,9.01 11/29/11 AMC ENTERTAINMENT INC DE 5.02,5.07 11/23/11 American Eagle Energy Inc. NV 4.01,9.01 11/25/11 American Exploration Corp NV 5.02,9.01 11/23/11 American Realty Capital Properties, I MD 7.01,9.01 11/29/11 AMERICAN VANGUARD CORP DE 8.01,9.01 11/23/11 AMGEN INC DE 8.01 11/30/11 Amwest Imaging Inc NV 1.01,2.01,2.02,3.02, 09/06/11 AMEND 5.01,5.02,9.01 AMYRIS, INC. DE 1.01 11/23/11 ANADYS PHARMACEUTICALS INC 3.01,3.03,5.01,5.02 11/23/11 ANCHOR BANCORP WISCONSIN INC WI 1.01,9.01 11/29/11 ANYTHINGIT INC DE 7.01,9.01 11/23/11 API Technologies Corp. DE 1.01,9.01 11/29/11 Apple REIT Ten, Inc. VA 2.01 11/28/11 Approach Resources Inc DE 7.01,9.01 11/30/11 ARK RESTAURANTS CORP NY 1.01,2.03,9.01 11/28/11 ASHFORD HOSPITALITY TRUST INC MD 7.01,9.01 11/30/11 ASTRONICS CORP NY 1.01,2.01,9.01 11/30/11 AURA SYSTEMS INC DE 5.02 11/17/11 AMEND AUTONATION, INC. DE 1.01,9.01 11/29/11 AVIV REIT, INC. MD 8.01 11/29/11 AvWorks Aviation Corp 5.03,9.01 11/30/11 BANK JOS A CLOTHIERS INC /DE/ DE 2.02,9.01 11/30/11 BANKATLANTIC BANCORP INC FL 2.04,8.01 11/23/11 BankGuam Holding Co 8.01,9.01 11/30/11 Beacon Federal Bancorp, Inc. MD 8.01,9.01 11/29/11 Berry Only Inc. 5.02 11/30/11 BINGHAM CANYON CORP NV 4.01,9.01 11/23/11 BIO KEY INTERNATIONAL INC DE 7.01,9.01 11/29/11 Bitzio, Inc. NV 1.01,3.02,9.01 11/24/11 Black Elk Energy Offshore Operations, TX 2.02,9.01 11/30/11 Black Tusk Minerals Inc. NV 5.02,8.01 11/23/11 Blueknight Energy Partners, L.P. DE 8.01 11/28/11 Blueknight Energy Partners, L.P. DE 8.01 11/28/11 BORGWARNER INC DE 7.01 11/30/11 CANO PETROLEUM, INC 3.01 11/22/11 CANTEL MEDICAL CORP DE 1.01,5.02,9.01 11/23/11 Carey Watermark Investors Inc 8.01,9.01 11/30/11 CASELLA WASTE SYSTEMS INC DE 2.02,9.01 11/30/11 CASH AMERICA INTERNATIONAL INC TX 1.01,2.03,7.01,9.01 11/29/11 Ceelox Inc. 1.02,9.01 11/30/11 CELL THERAPEUTICS INC WA 2.02,7.01,9.01 11/30/11 China CGame, Inc. DE 3.01 11/30/11 CHINA EDUCATION ALLIANCE INC. NC 5.02,8.01,9.01 11/30/11 China Information Technology, Inc. 5.07 06/21/11 AMEND China Modern Agricultural Information NV 1.01,2.01,3.02,9.01 11/23/11 Citizens Community Bancorp Inc. MD 2.02,9.01 11/30/11 CLAIRES STORES INC DE 2.02,9.01 11/29/11 COGENT COMMUNICATIONS GROUP INC 5.07 04/27/11 AMEND COHEN & STEERS INC DE 5.02 11/28/11 COLDWATER CREEK INC DE 2.02,9.01 11/30/11 COLUMBIA BANKING SYSTEM INC WA 5.02,9.01 11/28/11 CORCEPT THERAPEUTICS INC DE 8.01 11/23/11 CPI AEROSTRUCTURES INC NY 1.01 11/29/11 CROSSTEX ENERGY INC DE 7.01,9.01 11/28/11 CROSSTEX ENERGY LP DE 7.01,9.01 11/28/11 CROWN HOLDINGS INC PA 1.01 11/30/11 CVB FINANCIAL CORP CA 7.01,8.01,9.01 11/30/11 CYTOKINETICS INC 8.01,9.01 11/30/11 DANA HOLDING CORP DE 7.01,9.01 11/30/11 DIGITALGLOBE INC 8.01 11/28/11 Discover Card Execution Note Trust DE 8.01 11/30/11 Double Eagle Holdings, Ltd. NV 5.02,9.01 11/28/11 DOVER Corp DE 5.02,8.01,9.01 11/30/11 Duke Energy CORP DE 8.01,9.01 11/30/11 E TRADE FINANCIAL Corp DE 7.01,9.01 11/30/11 EAGLE ROCK ENERGY PARTNERS L P DE 7.01,9.01 11/30/11 ECOLAB INC DE 5.07,7.01,9.01 11/30/11 Ecoland International NV 1.01,9.01 11/25/11 ELEPHANT TALK COMMUNICATIONS CORP CA 8.01,9.01 11/29/11 ENZON PHARMACEUTICALS INC DE 5.02,9.01 11/23/11 EPOCH HOLDING CORP DE 8.01,9.01 11/30/11 Eternal Energy Corp. 4.01,9.01 11/25/11 EXPRESS, INC. 2.02,9.01 11/30/11 FEDERAL HOME LOAN MORTGAGE CORP 1.01 11/23/11 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1.01 11/23/11 FIFTH THIRD BANCORP OH 5.02,9.01 11/28/11 FINISAR CORP DE 2.02,9.01 11/30/11 FLUOROPHARMA MEDICAL, INC. NV 7.01,8.01,9.01 11/29/11 Fortegra Financial Corp DE 5.02 11/23/11 Fresh Market, Inc. DE 2.02,9.01 11/30/11 GLEACHER & COMPANY, INC. DE 7.01,9.01 11/30/11 Global Geophysical Services Inc DE 8.01,9.01 11/30/11 GLOBAL NUTECH, INC. NV 5.03,9.01 11/23/11 GLOBALSCAPE INC DE 5.02 11/30/11 GLOBALWISE INVESTMENTS INC NV 4.01,9.01 11/23/11 GLOBE SPECIALTY METALS INC 5.07 11/30/11 Gordmans Stores, Inc. DE 2.02,9.01 11/30/11 GRAINGER W W INC IL 5.02,9.01 11/29/11 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 11/25/11 Grubb & Ellis Healthcare REIT II, Inc MD 7.01,9.01 11/30/11 GUESS INC DE 2.02,9.01 11/30/11 HAMPSHIRE GROUP LTD DE 9.01 08/25/11 HANGER ORTHOPEDIC GROUP INC DE 7.01,9.01 11/30/11 HCC INSURANCE HOLDINGS INC/DE/ DE 1.01,2.03,9.01 11/30/11 HEALTHSOUTH CORP DE 7.01,9.01 11/30/11 HEARTLAND EXPRESS INC NV 8.01,9.01 11/29/11 HECLA MINING CO/DE/ DE 1.01,9.01 11/25/11 Helix Wind, Corp. NV 5.02 11/30/11 HIGHWOODS PROPERTIES INC MD 5.02 11/29/11 HINES REAL ESTATE INVESTMENT TRUST IN 8.01 11/30/11 HOLLY ENERGY PARTNERS LP DE 7.01,9.01 11/30/11 HPC POS SYSTEM, CORP. NV 8.01,9.01 11/28/11 INTERFACE INC GA 1.01,9.01 11/30/11 INTERSIL CORP/DE DE 1.01,9.01 11/23/11 ITP Energy Corp 8.01 11/23/11 JAGGED PEAK, INC. NV 5.02,9.01 11/30/11 JDA SOFTWARE GROUP INC DE 8.01,9.01 11/30/11 JOHNSON & JOHNSON NJ 8.01 11/28/11 JOHNSON OUTDOORS INC WI 2.02,9.01 11/30/11 KRANEM CORP CO 8.01 11/29/11 KRISPY KREME DOUGHNUTS INC NC 2.02,7.01,9.01 11/30/11 LA-Z-BOY INC MI 2.02,9.01 11/30/11 LAPIS TECHNOLOGIES INC DE 1.01 11/24/11 LEVEL 3 COMMUNICATIONS INC DE 8.01,9.01 11/23/11 Liberty Interactive Corp 7.01,9.01 11/29/11 Liberty Media Corp DE 7.01,8.01,9.01 11/28/11 LIFE PARTNERS HOLDINGS INC TX 8.01,9.01 11/30/11 MAGNETEK, INC. DE 8.01,9.01 11/30/11 Magnolia Solar Corp NV 8.01,9.01 11/30/11 MAINLAND RESOURCES INC. 1.01,8.01,9.01 11/23/11 Marina Biotech, Inc. DE 3.01,9.01 11/29/11 Medley Capital Corp DE 8.01,9.01 11/29/11 MedQuist Holdings Inc. DE 2.02,7.01,9.01 11/30/11 META FINANCIAL GROUP INC DE 8.01,9.01 11/30/11 MORGAN GROUP HOLDING CO 5.07 11/25/11 MORGANS FOODS INC OH 1.01 11/29/11 Morgans Hotel Group Co. DE 2.01,9.01 11/23/11 MPHASE TECHNOLOGIES INC NJ 3.02 11/30/11 MYLAN INC. PA 1.01,9.01 11/29/11 Nalco Holding CO 5.02 11/30/11 NATIONAL PENN BANCSHARES INC PA 7.01,9.01 11/30/11 NATIONAL TAX CREDIT INVESTORS II CA 1.01,9.01 11/28/11 NCO Group, Inc. DE 7.01,8.01,9.01 11/30/11 NETREIT, INC. MD 8.01,9.01 09/16/11 AMEND NEUROLOGIX INC/DE DE 5.02,9.01 11/29/11 NEVADA GOLD & CASINOS INC NV 1.01,9.01 11/23/11 NEW ENERGY SYSTEMS GROUP NV 1.01,8.01,9.01 11/24/11 NEW PEOPLES BANKSHARES INC VA 5.07 11/28/11 NEW YORK MORTGAGE TRUST INC MD 7.01,9.01 11/28/11 NEWS CORP 8.01,9.01 11/30/11 Nova Lifestyle, Inc. NV 7.01,9.01 11/30/11 OIL DRI CORP OF AMERICA DE 3.01,9.01 11/30/11 OMNI VENTURES INC KS 5.02 11/30/11 OPENTABLE INC DE 7.01,9.01 11/30/11 ORIENT EXPRESS HOTELS LTD D0 2.02,9.01 11/30/11 ORIGINOIL INC NV 8.01,9.01 11/30/11 PATRIOT TRANSPORTATION HOLDING INC FL 2.02,9.01 11/30/11 PEABODY ENERGY CORP DE 7.01,9.01 11/30/11 PENSON WORLDWIDE INC DE 5.02,9.01 11/25/11 PERRY ELLIS INTERNATIONAL INC FL 8.01,9.01 11/30/11 PHARMACEUTICAL PRODUCT DEVELOPMENT IN NC 5.07,9.01 11/30/11 Phillips Edison - ARC Shopping Center MD 2.01 11/23/11 PPLUS Trust Series GSC-2 DE 8.01 11/29/11 PPLUS Trust Series JPM-1 DE 8.01 11/29/11 PREMIER EXHIBITIONS, INC. FL 5.02,8.01,9.01 11/28/11 Quad/Graphics, Inc. WI 5.02 11/29/11 QUANTUM FUEL SYSTEMS TECHNOLOGIES WOR DE 8.01,9.01 11/30/11 RALCORP HOLDINGS INC /MO MO 2.02,9.01 11/29/11 RAYONIER INC NC 2.01,9.01 11/23/11 REALOGY CORP DE 1.01,2.03,5.02 11/23/11 RED MOUNTAIN RESOURCES, INC. FL 1.01,2.03,9.01 11/25/11 REDDY ICE HOLDINGS INC DE 3.01,9.01 11/28/11 RENTECH INC /CO/ CO 8.01 11/30/11 REPUBLIC SERVICES, INC. DE 5.02 11/30/11 RETRACTABLE TECHNOLOGIES INC TX 8.01,9.01 11/29/11 REX AMERICAN RESOURCES Corp DE 2.02,9.01 11/30/11 RLI CORP IL 5.05 11/30/11 Rock-Tenn CO GA 7.01,9.01 11/30/11 ROGERS INTERNATIONAL RAW MATERIALS FU 2.06 11/22/11 Rosetta Resources Inc. DE 7.01,9.01 11/30/11 ROWAN COMPANIES INC DE 7.01,9.01 11/30/11 rue21, inc. DE 2.02,9.01 11/30/11 S&T BANCORP INC PA 7.01,9.01 11/30/11 SCHOLASTIC CORP DE 5.02 11/28/11 Scripps Networks Interactive, Inc. OH 7.01,8.01,9.01 11/28/11 SEACHANGE INTERNATIONAL INC DE 2.02,5.02,7.01,9.01 11/29/11 SEITEL INC DE 1.01,2.03,9.01 11/28/11 SELECT MEDICAL HOLDINGS CORP 7.01,9.01 11/30/11 SEMTECH CORP DE 2.02,7.01,8.01,9.01 11/30/11 SENESCO TECHNOLOGIES INC DE 8.01,9.01 11/30/11 SIGMA DESIGNS INC CA 2.02,9.01 11/30/11 SILLENGER EXPLORATION CORP. NV 1.01,5.02,9.01 11/30/11 SIMMONS FIRST NATIONAL CORP AR 8.01,9.01 11/30/11 SKINOVATION PHARMACEUTICAL INC NV 4.01,9.01 11/23/11 Sono Resources, Inc. NV 7.01 11/30/11 Soton Holdings Group, Inc. NV 1.01,5.01,5.02,9.01 11/22/11 Southern National Bancorp of Virginia VA 5.02 11/29/11 Stalar 1, Inc. DE 1.02 11/30/11 STANDARD MICROSYSTEMS CORP DE 7.01,9.01 11/30/11 SUFFOLK BANCORP NY 3.01,9.01 11/29/11 SUPERMEDIA INC. DE 7.01 11/29/11 SVB FINANCIAL GROUP 7.01,9.01 11/30/11 SYKES ENTERPRISES INC FL 2.05,2.06 11/29/11 SYNOPSYS INC DE 2.02,9.01 11/30/11 TELKONET INC UT 5.02,8.01,9.01 11/28/11 THUNDER MOUNTAIN GOLD INC NV 5.02,8.01,9.01 11/28/11 Tianli Agritech, Inc. D8 7.01,9.01 11/15/11 TIANYIN PHARMACEUTICAL CO., INC. DE 8.01 11/25/11 TIDEWATER INC DE 8.01,9.01 11/28/11 TRANSATLANTIC HOLDINGS INC DE 1.01,9.01 11/20/11 AMEND Transocean Ltd. V8 8.01,9.01 11/30/11 TRIMAS CORP DE 1.01,2.03,8.01 11/23/11 TRUSTMARK CORP MS 8.01 11/30/11 Under Armour, Inc. MD 8.01 11/30/11 United eSystems, Inc. NV 1.01,2.03,9.01 11/22/11 UNITED NATURAL FOODS INC DE 2.02,9.01 11/30/11 UNITED REFINING CO PA 8.01,9.01 11/30/11 United States 12 Month Natural Gas Fu 7.01,9.01 11/30/11 United States 12 Month Oil Fund, LP 7.01,9.01 11/30/11 United States Brent Oil Fund, LP DE 7.01,9.01 11/30/11 United States Commodity Index Funds T DE 7.01,9.01 11/30/11 United States Gasoline Fund, LP DE 7.01,9.01 11/30/11 United States Heating Oil Fund, LP DE 7.01,9.01 11/30/11 United States Natural Gas Fund, LP 7.01,9.01 11/30/11 United States Oil Fund, LP DE 7.01,9.01 11/30/11 United States Short Oil Fund, LP DE 7.01,9.01 11/30/11 UNITIL CORP NH 7.01,9.01 11/29/11 URANERZ ENERGY CORP. NV 7.01,9.01 11/29/11 URANIUM RESOURCES INC /DE/ DE 8.01,9.01 11/29/11 US BANCORP \DE\ DE 8.01,9.01 11/30/11 VECTOR GROUP LTD DE 3.01,5.02 11/28/11 VECTREN CORP IN 2.03 11/30/11 VistaGen Therapeutics, Inc. NV 1.01,9.01 11/17/11 VOLITIONRX LTD DE 4.01,9.01 11/29/11 Walker & Dunlop, Inc. MD 1.01,9.01 11/28/11 WELLS FARGO & CO/MN DE 5.03,9.01 11/29/11 WESCO INTERNATIONAL INC 8.01,9.01 11/30/11 WEST CORP DE 8.01,9.01 11/24/11 WESTWOOD ONE INC /DE/ DE 4.01,9.01 11/23/11 Wikifamilies, Inc. NV 4.01 05/20/11 AMEND WNC HOUSING TAX CREDIT FUND II LP CA 2.02,9.01 11/30/11 WNC HOUSING TAX CREDIT FUND III L P CA 2.02,9.01 11/30/11 WNC HOUSING TAX CREDIT FUND IV L P SE CA 2.02,9.01 11/30/11 WOUND MANAGEMENT TECHNOLOGIES, INC. TX 1.01,9.01 11/23/11 XCEL ENERGY INC MN 7.01,9.01 11/30/11 ZION OIL & GAS INC DE 8.01,9.01 11/30/11