U.S. Securities & Exchange Commission
SEC Seal
Home | Previous Page
U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-75
April 18, 2012

Commission announcements

SEC Adopts Rule Defining Swaps-Related Terms for Regulating Derivatives

The Securities and Exchange Commission today unanimously adopted a new rule to define a series of terms related to the over-the-counter swaps market.

The rules, written jointly with the Commodity Futures Trading Commission (CFTC), implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that established a comprehensive framework for regulating derivatives.

“Adopting these entity definitions is a foundational step in the establishment of the new regime to regulate trading in this significant market,” said SEC Chairman Mary L. Schapiro. “These rules clarify for market participants whether their current activities will subject them to comprehensive oversight in the coming months.”

The final rule will become effective 60 days after the date of publication in the Federal Register. (Press Rel. 2012-67)

enforcement proceedings

Commission Revokes Registration of Securities of Lakeside Mortgage Fund LLC For Failure to Make Required Periodic Filings

On April 18, 2012, the Commission revoked the registration of each class of registered securities of Lakeside Mortgage Fund LLC (Lakeside Mortgage Fund) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, Lakeside Mortgage Fund consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to Lakeside Mortgage Fund LLC finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of Lakeside Mortgage Fund’s securities pursuant to Section 12(j) of the Exchange Act. This Order settled the proceedings brought against Lakeside Mortgage Fund in In the Matter of JC Acquisition Corp., et al., Administrative Proceeding File No. 3-14771.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of JC Acquisition Corp., et al., Administrative Proceeding File No. 3-14771, Exchange Act Release No. 66470, February 27, 2012. (Rel. 34-66823; File No. 3-14771)

Delinquent Filers’ Stock Registrations Revoked

The registrations of the registered securities of Angstrom Microsystems Corp., Bedminster National Corp., Brake Headquarters U.S.A., Inc., and BrandPartners Group, Inc., have been revoked. Each had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, each 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 revocations were ordered in an administrative proceeding before an administrative law judge. (Exchange Act Release No. 34-66824; File No. 3-14817)

In the Matter of Brian J. Smart

On April 18, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940 and Notice of Hearing (Order) against Brian J. Smart (Smart).

In the Order, the Division of Enforcement alleges that: From 2003 until 2009, Smart owned and operated an unregistered investment adviser, Smart Assets, LLC (Smart Assets). On June 8, 2011, a final judgment was entered against Smart and Smart Assets, permanently enjoining defendants from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Exchange Act Rule 10b-5, and ordering defendants to pay $2,059,077 in disgorgement, prejudgment interest of $597,426, and a civil penalty of $2,059,077, in the civil action titled SEC v. Brian J. Smart, et al., Civil Action Number 2:09-CV-00224, in the United States District Court for the District of Utah. The Court found that Smart and Smart Assets, inter alia, misappropriated over $2.05 million from investors through a “systematic program of deception and fraud.” The Court found that Smart falsely represented that he would place investor funds in safe, principal guaranteed investments. Instead, the Court found, Smart used investor money to pay personal expenses, to invest in risky real estate ventures and hard money loans, and to pay purported “dividends” to other investors.

A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Smart with an opportunity to dispute these allegations, and to determine what sanctions, if any, are appropriate and in the public interest. The Order requires that the administrative law judge issue an initial decision no later than 210 days from the date of service of the Order. (Rel. IA-3397; File No. 3-14851)

Former Gateway CFO Settles SEC Fraud Action

On April 10, 2012, a final judgment was entered against John J. Todd, a former CFO of Gateway, Inc. Todd consented to entry of the final judgment without admitting or denying the allegations made by the Securities and Exchange Commission that he engaged in fraud and other violations of the federal securities laws in connection with Gateway’s recognition of revenue in the third quarter of 2000. This concludes the litigation of this action, brought in 2003 against three former officers of Gateway.

The SEC alleged that Todd falsely represented Gateway’s financial condition in the third quarter of 2000 in order to meet financial analysts’ earnings and revenue expectations. Among other transactions, the SEC alleged that Todd caused Gateway to record $47.2 million in revenue from a one-time sale of fixed assets to Gateway’s third-party information technology services provider in violation of Generally Accepted Accounting Principles (GAAP), and that Todd, then Gateway’s CFO, caused Gateway to recognize an additional $21 million in revenue from an incomplete sale of computers to a second entity, also in violation of GAAP. The SEC alleged that absent either of these transactions, Gateway would not have met analysts’ expectations with regard to its third quarter revenue.

Todd consented to a final judgment permanently enjoining him from violations of the antifraud provisions of Section 10(b) and Rule 10b-5 thereunder, and from violations of SEC Rule 13b2-2, which prohibits making misrepresentations and omissions of material fact to company auditors, as well as from aiding and abetting the issuer reporting provisions of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13 thereunder. Todd further consented to be barred for ten years from acting as an officer or director of a public company, and to pay disgorgement of $165,000, constituting his salary and bonus for the relevant quarter, together with prejudgment interest thereon of $138,162.24 totaling $303,162.24, and a $110,000 penalty.

Previously, on March 7, 2007, a jury had rendered a unanimous verdict finding Todd and defendant Robert D. Manza, Gateway’s former controller, liable for fraud, making false representations to auditors, aiding and abetting issuer reporting violations and other violations following a three week trial. On May 30, 2007, the Honorable Roger T. Benitez overturned the jury verdict as to the fraud and certain other claims. The SEC appealed that ruling, as well as the District Court’s prior August 1, 2006, grant of summary judgment to Gateway’s former CEO, Jeffrey Weitzen, dismissing the SEC’s case as to Weitzen. On June 23, 2011, the Ninth Circuit reversed those rulings and remanded the matter to the District Court. On January 25, 2012, the Court entered final judgments against Weitzen and Manza pursuant to their consents. For further information see LR 22244, January 31, 2012. [SEC v. John J. Todd, Robert D. Manza, and Jeffrey Weitzen, United States District Court for the Southern District of California, Case No. 03 CV 2230 BEN] (LR-22335; AAE Rel. 3381)

Court Enters Judgment Enforcing Commission Order Suspending Attorney William J. Reilly from Practicing as an Attorney before Commission

On April 16, 2012, Judge Donald M. Middlebrooks of the United States District Court for the Southern District of Florida entered a judgment enforcing an order entered by the Securities and Exchange Commission suspending William J. Reilly, a New York attorney residing in Boca Raton, Florida, from appearing or practicing as an attorney before the SEC.

The judgment finds that on October 27, 2009 the SEC suspended Reilly from appearing or practicing as an attorney before the SEC, with the right to apply for reinstatement after three years. In the Matter of William J. Reilly, Esq., Admin. Proc. 3-13666 (Oct. 27, 2009). The judgment further finds that a registration statement on Form S-8 filed with the SEC on June 21, 2011 incorporated as an exhibit a legal opinion letter signed by Reilly. By this conduct, Reilly knowingly violated the terms of the order suspending him from appearing or practicing before the SEC as an attorney.

The judgment entered by the court under Section 21(e) of the Securities Exchange Act of 1934 requires Reilly to comply with the SEC order. [SEC v. William J. Reilly, 9:11-CV-81322-DMM (S.D. Fla.)] (LR-22336)

SEC Charges Los Angeles-Based Perpetrator For Municipal Bond Fraud Scheme

The Securities and Exchange Commission today announced that it has obtained an emergency court order to freeze the assets of a Los Angeles man orchestrating a securities fraud by falsely presenting himself to investors as a specialist in municipal bond investments.

The SEC alleges that Michael Anthony Gonzalez raised approximately $1 million since February 2010 by telling investors he would invest their money in specific tax-exempt municipal bonds insured by the Securities Investor Protection Corporation (SIPC). In reality, Gonzalez never purchased the bonds and instead deposited investor money into his own bank account for personal use. He later attempted to conceal the scheme by providing investors with phony confirmation statements.

According to the SEC’s complaint filed in the United States District Court for the Central District of California, Gonzalez falsely told investors that he was associated with New York-based broker-dealer May Capital Group in order to portray himself as a legitimate money manager. Gonzalez had no dealings with May Capital, and through his false representations and fake confirmations he succeeded in giving investors the false impression that their investments were insured and safe. Gonzalez also provided investors with phony trade confirmations that identified securities that were either not purchased or non-existent.

The Honorable S. James Otero, United States District Judge, granted the SEC’s request for a temporary restraining order against Gonzalez and issued orders freezing his assets, requiring accountings, prohibiting the destruction of documents, and granting expedited discovery.  The court will hold a hearing on the SEC’s motion for a preliminary injunction on May 25, 2012.

The SEC’s complaint charges Gonzalez with violating the antifraud provisions, Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the registration provisions of Section 15(a) of the Exchange Act. In addition to the emergency relief, the SEC’s complaint seeks preliminary and permanent injunctions, disgorgement, prejudgment interest, and financial penalties against Gonzalez.

The SEC’s investigation was conducted by Solomon R. Mangolini and Janet Weissman in the Los Angeles Regional Office. Spencer Bendell will lead the SEC’s litigation. [SEC v. Michael Anthony Gonzalez, United States District Court for the Central District of California, Case No. 12-03319 SJO (PLAx)] (LR-22337)


Domini Social Investment Trust

Domini Social Investments LLC

An order has been issued on an application filed by Domini Social Investment Trust and Domini Social Investments LLC, exempting applicants from Section 15(a) of the Investment Company Act of 1940 (Act) and Rule 18f-2 under the Act, as well as from certain disclosure requirements. The order permits the applicants to enter into and materially amend subadvisory agreements without shareholder approval and grants relief from certain disclosure requirements. (Rel. IC-30035 – April 17)


Immediate Effectiveness of Proposed Rule Change

A proposed rule change filed by NYSE Arca, Inc. relating to the Peritus High Yield ETF (SR-NYSEArca-2012-33) 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 April 16. (Rel. 34-66818)

Amendment to Proposed Rule Change

The Financial Industry Regulatory Authority, Inc. filed Amendment No. 1 to its proposed rule change (SR-FINRA-2011-058) pursuant to Section 19(b)(1) of the Securities Exchange Act, and Rule 19b-4 thereunder, to amend FINRA Rule 6433 (Minimum Quotation Size Requirements for OTC Equity Securities). Publication is expected in the Federal Register during the week of April 16. (Rel. 34-66819)

Proposed Rule Changes

NYSE Amex LLC filed a proposed rule change under Rule 19b-4 (SR-NYSEAmex-2012-22) amending NYSE Amex Equities Rule 107B to add a class of Supplemental Liquidity Providers that are registered as Market Makers at the exchange. Publication is expected in the Federal Register during the week of April 16. (Rel. 34-66820)

New York Stock Exchange LLC filed a proposed rule change under Rule 19b-4 (SR-NYSE-2012-10) amending NYSE Rule 107B to add a class of Supplemental Liquidity Providers that are registered as Market Makers at the exchange. Publication is expected in the Federal Register during the week of April 16. (Rel. 34-66821)


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     GREAT IDEA CORP, 2724 OTTER CREEK CT, 101, LAS VEGAS, NV, 89117, 
        702-767-5131 - 4,000,000 ($100,000.00) Equity, (File 333-180761 - 
        Apr. 17) (BR. 04)

        WY, 83002, 307 633 2831 - 0 ($115,000,000.00) Equity, 
        (File 333-180762 - Apr. 17) (BR. 16)

S-3ASR  AUTOZONE INC, 123 SOUTH FRONT ST, MEMPHIS, TN, 38103, 9014956500 - 
        0 ($0.00) Debt, (File 333-180768 - Apr. 17) (BR. 02B)

        SUITE 200, HOUSTON, TX, 77040, 713-351-7900 - 
        18,500,000 ($404,502,500.00) Equity, (File 333-180769 - Apr. 17) 
        (BR. 04A)

S-8     Allot Communications Ltd., 5 HANAGAR STREET, INDUSTRIAL ZONE B, 
        HOD-HASHARON, L3, 45800, 972-9-761-9200 - 
        1,000,000 ($23,760,000.00) Equity, (File 333-180770 - Apr. 17) (BR. 03B)

        2128563612 - 0 ($2,000,000,000.00) Debt, (File 333-180771 - Apr. 17) 
        (BR. 12A)

        5174633131 - 611,947 ($37,949,997.00) Equity, (File 333-180773 - 
        Apr. 17) (BR. 07C)

S-4     Hexion U.S. Finance Corp., 180 EAST BROAD STREET, COLUMBUS, OH, 43215, 
        (614) 225-4000 - 0 ($450,000,000.00) Non-Convertible Debt, 
        (File 333-180774 - Apr. 17) (BR. 06B)

S-1     GlobalOptions Group, Inc., 75 ROCKEFELLER PLAZA, 27TH FLOOR, NEW YORK, 
        NY, 10019, 212-445-6262 - 3,311,086 ($9,271,041.00) Equity, 
        (File 333-180775 - Apr. 17) (BR. 08C)

S-8     Myriad Interactive Media, Inc., 7 INGRAM DRIVE SUITE 128, TORONTO, A6, 
        M6M 2L7, 888-648-9366 - 855,462 ($84,690.74) Equity, (File 333-180776 - 
        Apr. 17) (BR. 09B)

        77010, 877.294.7574 - 0 ($128,104,745.67) Equity, (File 333-180777 - 
        Apr. 17) (BR. 06C)

S-8     Erickson Air-Crane Inc, 5550 SW MACADAM AVENUE, SUITE 200, PORTLAND, 
        OR, 97239, 503-505-5800 - 0 ($3,349,544.90) Equity, (File 333-180778 - 
        Apr. 17) (BR. 05A)

S-3     Morgan Stanley Capital I Inc., 1585 BROADWAY, NEW YORK, NY, 10036, 
        212-761-4000 - 1,000,000 ($1,000,000.00) Asset-Backed Securities, 
        (File 333-180779 - Apr. 17) (BR. )


Form 8-K is used by companies to file current reports on the following events:


Entry into a Material Definitive Agreement


Termination of a Material Definitive Agreement


Bankruptcy or Receivership


Completion of Acquisition or Disposition of Assets


Results of Operations and Financial Condition


Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant


Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement


Cost Associated with Exit or Disposal Activities


Material Impairments


Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing


Unregistered Sales of Equity Securities


Material Modifications to Rights of Security Holders


Changes in Registrant's Certifying Accountant


Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review


Changes in Control of Registrant


Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officer


Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year


Temporary Suspension of Trading Under Registrant's Employee Benefit Plans


Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics


Change in Shell Company Status


ABS Informational and Computational Material.


Change of Servicer or Trustee.


Change in Credit Enhancement or Other External Support.


Failure to Make a Required Distribution.


Securities Act Updating Disclosure.


Regulation FD Disclosure


Other Events


Financial Statements and Exhibits

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.

NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT

3D SYSTEMS CORP                         DE       8.01,9.01            04/17/12

3M CO                                   DE       8.01                 04/17/12

ABM INDUSTRIES INC /DE/                 DE       5.02                 04/13/12

ACCO BRANDS CORP                        DE       2.02,7.01,9.01       04/17/12

ACCO BRANDS CORP                        DE       7.01,9.01            04/17/12

ACEM HOLDINGS, INC.                     NV       1.01,9.01            12/10/11    AMEND

ACEM HOLDINGS, INC.                     NV       1.03,3.03            12/13/11    AMEND

ACEM HOLDINGS, INC.                     NV       8.01                 12/21/11    AMEND

ACEM HOLDINGS, INC.                     NV       5.07                 01/06/12    AMEND

ACEM HOLDINGS, INC.                     NV       2.01,5.01,5.02,5.03  01/09/12    AMEND

AEHR TEST SYSTEMS                       CA       8.01,9.01            04/17/12

AGENUS INC                              DE       7.01,9.01            04/17/12

ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            04/17/12

ALLIANCE FINANCIAL CORP /NY/            NY       2.02,9.01            04/17/12

ALLIANT TECHSYSTEMS INC                 DE       5.02                 04/16/12

Ally Financial Inc.                     DE       8.01                 04/17/12

ALR TECHNOLOGIES INC.                   NV       5.03,9.01            04/10/12

AMBIENT CORP /NY                        DE       8.01                 04/17/12

American Mining Corp                    NV       5.02                 04/14/12

AMERISERV FINANCIAL INC /PA/            PA       2.02                 04/17/12

AMERISTAR CASINOS INC                   NV       1.01,9.01            04/16/12

ASTEC INDUSTRIES INC                    TN       1.01,2.03            04/12/12

AXCELIS TECHNOLOGIES INC                DE       8.01                 04/17/12

BANCFIRST CORP /OK/                     OK       2.02,9.01            04/16/12

BERRY PETROLEUM CO                      DE       1.01,2.03,9.01       04/13/12

BIODELIVERY SCIENCES INTERNATIONAL IN   DE       8.01,9.01            04/17/12

BLONDER TONGUE LABORATORIES INC         DE       2.01,9.01            02/01/12    AMEND

Bluerock Enhanced Multifamily Trust,    MD       8.01                 04/17/12

BORGWARNER INC                          DE       7.01,9.01            04/17/12

Bridgepoint Education Inc               DE       1.01,2.03,3.03       04/13/12

Burlington Coat Factory Investments H            7.01,9.01            04/17/12

Business Development Corp of America    MD       8.01,9.01            04/17/12

CABOT MICROELECTRONICS CORP             DE       2.02,9.01            04/16/12

CANANDAIGUA NATIONAL CORP               NY       5.07                 04/11/12

Capital Group Holdings, Inc.            MN       1.01                 04/12/12

CARNIVAL CORP                           DE       5.07                 04/11/12

Castmor Resources Ltd                   NV       5.02                 04/16/12

CATHAY GENERAL BANCORP                  DE       2.02,9.01            04/17/12

CENTERPOINT ENERGY INC                           7.01,9.01            04/17/12

CenterState Banks, Inc.                 FL       7.01,9.01            04/17/12

CH ENERGY GROUP INC                     NY       2.03                 04/16/12

CHARMING SHOPPES INC                    PA       5.02                 04/12/12

CHARTER COMMUNICATIONS, INC. /MO/       DE       1.01,2.03,9.01       04/11/12

CHENIERE ENERGY INC                     DE       8.01,9.01            04/16/12

CHENIERE ENERGY INC                     DE       3.02                 04/16/12

Cheniere Energy Partners, L.P.          DE       8.01,9.01            04/16/12

CHINA EDUCATION ALLIANCE INC.           NC       2.02,9.01            04/16/12

CHINA RECYCLING ENERGY CORP                      5.02                 04/12/12

CHINA YIDA HOLDING, CO.                          4.01,9.01            04/13/12

CHINACAST EDUCATION CORP                DE       5.02                 04/11/12

CHRISTOPHER & BANKS CORP                DE       5.02,7.01,9.01       04/13/12

CITIZENS CAPITAL CORP                   TX       1.01,8.01,9.01       04/17/12

CNB FINANCIAL CORP/PA                   PA       2.02,9.01            04/16/12

COCA COLA CO                            DE       2.02,9.01            04/17/12

COCA COLA CO                            DE       2.02,9.01            04/17/12    AMEND

Colorado Ceramic Tile, Inc.             CO       5.03                 04/11/12

COMERICA INC /NEW/                      DE       2.02,7.01,9.01       04/17/12

CONSOLIDATED TOMOKA LAND CO             FL       5.02,9.01            04/16/12

COSTAR GROUP INC                        DE       8.01                 04/17/12

CREE INC                                NC       2.02,9.01            04/17/12

CRYO CELL INTERNATIONAL INC             DE       2.02,9.01            04/16/12

CSX CORP                                VA       2.02,9.01            04/17/12

DARA BioSciences, Inc.                  DE       8.01                 04/16/12

DDI CORP                                CA       2.02,9.01            04/16/12

DEERE JOHN CAPITAL CORP                 DE       9.01                 04/17/12

DESTINY MEDIA TECHNOLOGIES INC          CO       8.01,9.01            04/16/12

Digerati Technologies, Inc.             NV       7.01,8.01,9.01       04/11/12

Digital Cinema Destinations Corp.       DE       8.01,9.01            04/17/12

DREAMS INC                              UT       8.01,9.01            04/13/12    AMEND

DRIVETIME AUTOMOTIVE GROUP INC          DE       8.01                 04/12/12

DTS, INC.                               DE       1.01,8.01,9.01       04/16/12

Eagle Ford Oil & Gas Corp               NV       4.01,9.01            04/17/12

EAST WEST BANCORP INC                            2.02,9.01            04/17/12

ECOLOGY COATINGS, INC.                  NV       3.02                 04/17/12

Edgen Murray II, L.P.                   DE       7.01,9.01            04/17/12

EL PASO ELECTRIC CO /TX/                TX       8.01,9.01            04/17/12

EMPIRE ENERGY CORP                      UT       8.01                 04/17/12

Emrise CORP                             DE       5.02                 04/17/12

EMTEC INC/NJ                            UT       2.02,9.01            04/17/12

ENERGIZER HOLDINGS INC                  MO       5.02                 04/16/12

ENGLOBAL CORP                           NV       2.02,2.03,9.01       04/12/12

EnteroMedics Inc                                 1.01,2.03,3.02,8.01, 04/16/12
ENTERPRISE BANCORP INC /MA/             MA       8.01,9.01            04/17/12

ENTROPIC COMMUNICATIONS INC             DE       1.01,9.01            04/15/12

EQUITY LIFESTYLE PROPERTIES INC         MD       2.02,9.01            04/16/12

ESB FINANCIAL CORP                      PA       7.01,9.01            04/17/12

FASTENAL CO                             MN       7.01,9.01            04/17/12

Federal Home Loan Bank of Atlanta       X1       2.03                 04/17/12

Federal Home Loan Bank of Boston        X1       2.03                 04/11/12

Federal Home Loan Bank of Chicago       X1       2.03                 04/11/12

Federal Home Loan Bank of Cincinnati    X1       2.03,9.01            04/11/12

Federal Home Loan Bank of Des Moines    X1       2.03,9.01            04/13/12

Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            04/17/12

Federal Home Loan Bank of New York      X1       2.03,9.01            04/11/12

Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            04/11/12

Federal Home Loan Bank of San Francis   X1       2.03                 04/13/12

Federal Home Loan Bank of Seattle                2.03                 04/11/12

Federal Home Loan Bank of Topeka                 2.03,9.01            04/11/12

FIFTH THIRD BANCORP                     OH       7.01,9.01            04/17/12

FIRST DATA CORP                         DE       5.02,9.01            04/12/12

First Liberty Power Corp                NV       1.01,3.02,5.02,8.01, 04/01/12
FIRST SECURITY GROUP INC/TN             TN       5.02,7.01,9.01       04/16/12

FIRST SOLAR, INC.                       DE       2.05,2.06,7.01,8.01, 04/16/12
FLEXSTEEL INDUSTRIES INC                MN       2.02,9.01            04/17/12

FOOTSTAR INC                            DE       8.01                 04/17/12

FOREST LABORATORIES INC                 DE       2.02,9.01            04/17/12

FORUM ENERGY TECHNOLOGIES, INC.         DE       1.01,3.02,5.02,5.03, 04/11/12
FOSSIL INC                              DE       5.02,9.01            04/16/12

FULLER H B CO                           MN       5.07                 04/12/12

FULTON FINANCIAL CORP                   PA       2.02,9.01            04/17/12

GENERAL AIRCRAFT INC.                   NV       8.01                 04/16/12

Goldenway, Inc.                         NV       1.01,2.01,3.02,5.01, 04/16/12    AMEND
GOLDMAN SACHS GROUP INC                 DE       2.02,8.01,9.01       04/17/12

GRAINGER W W INC                        IL       2.02,9.01            04/17/12

GRANT HARTFORD CORP                     MT       8.01                 04/16/12

GRANT HARTFORD CORP                     MT       8.01                 04/16/12    AMEND

GTJ REIT, Inc.                          MD       5.02                 04/11/12

HANDENI GOLD INC.                       NV       5.02                 04/16/12

HARLEYSVILLE GROUP INC                  DE       8.01,9.01            04/16/12

HCSB FINANCIAL CORP                     SC       2.02,9.01            04/17/12

HEMISPHERX BIOPHARMA INC                DE       1.01,5.02            03/03/12    AMEND

HERCULES TECHNOLOGY GROWTH CAPITAL IN   MD       1.01,2.03,9.01       04/17/12

HERCULES TECHNOLOGY GROWTH CAPITAL IN   MD       3.01,8.01,9.01       04/17/12

Hines Global REIT, Inc.                 MD       7.01,8.01,9.01       04/16/12

IGATE CORP                              PA       5.07                 04/13/12

INFOSPACE INC                           DE       2.01,9.01            01/31/12    AMEND

INLAND REAL ESTATE CORP                 MD       8.01,9.01            04/17/12

INSMED INC                              VA       8.01,9.01            04/16/12

INTEL CORP                              DE       2.02                 04/17/12

Intermec, Inc.                          DE       2.02,7.01,9.01       04/17/12

INTERNATIONAL BUSINESS MACHINES CORP    NY       2.02                 04/17/12

INTERPLAY ENTERTAINMENT CORP            DE       4.01,9.01            03/19/12    AMEND

Intrepid Potash, Inc.                   DE       2.02,7.01,9.01       04/17/12

INTUITIVE SURGICAL INC                  DE       2.02,9.01            04/17/12

ISC8 INC. /DE                           DE       3.02                 04/13/12

ISTA PHARMACEUTICALS INC                DE       8.01,9.01            04/16/12

ISTA PHARMACEUTICALS INC                DE       8.01,9.01            04/16/12    AMEND

JOHNSON & JOHNSON                       NJ       2.02,9.01            04/17/12

KIT digital, Inc.                       DE       5.02,9.01            04/11/12

KV PHARMACEUTICAL CO /DE/               DE       8.01,9.01            04/17/12

LAYNE CHRISTENSEN CO                    DE       5.03,9.01            04/11/12

LENCO MOBILE INC.                       DE       5.02,9.01            04/11/12

Lifetech Industries Inc.                NV       8.01                 04/16/12

LIGHTBRIDGE Corp                        NV       5.07                 04/17/12

Limoneira CO                            DE       8.01,9.01            04/16/12

LINCARE HOLDINGS INC                    DE       2.02,9.01            04/16/12

Location Based Technologies, Inc.       NV       7.01,9.01            04/16/12

LoopNet, Inc.                           DE       8.01                 04/17/12

Madison Enterprises Group, Inc.         DE       2.01,3.02,5.01,5.02, 05/10/11    AMEND
MARTIN MARIETTA MATERIALS INC           NC       8.01,9.01            04/16/12

MCCORMICK & CO INC                      MD       7.01,9.01            04/17/12

MCMORAN EXPLORATION CO /DE/             DE       2.02,9.01            04/17/12

MEADWESTVACO Corp                       DE       8.01,9.01            04/13/12

Medefile International, Inc.            NV       2.02,9.01            04/17/12

MEDTOX SCIENTIFIC INC                   DE       2.02,9.01            04/12/12

MERCANTILE BANK CORP                    MI       2.02,9.01            04/17/12

MidWestOne Financial Group, Inc.        IA       7.01,9.01            04/17/12

MRC GLOBAL INC.                         DE       1.01,1.02,3.03,5.03, 04/11/12
NATIONAL SECURITY GROUP INC             DE       8.01,9.01            04/13/12

NATURALLY ADVANCED TECHNOLOGIES INC     A1       7.01,9.01            04/17/12

NATUS MEDICAL INC                       DE       1.02,3.03            04/13/12

NBC ACQUISITION CORP                    DE       8.01,9.01            04/10/12

NEAH POWER SYSTEMS, INC.                NV       7.01,9.01            04/16/12

NEWLINK GENETICS CORP                            8.01,9.01            04/17/12

NEWMARKET CORP                          VA       8.01,9.01            04/16/12

NEWS CORP                                        8.01,9.01            04/17/12

Next 1 Interactive, Inc.                NV       1.01,2.03,3.02,9.01  03/28/12

NORTHERN TRUST CORP                     DE       2.02,9.01            04/17/12

NORTHERN TRUST CORP                     DE       7.01,9.01            04/17/12

NORTHWEST BIOTHERAPEUTICS INC           DE       2.03,3.02,5.02,8.01  04/11/12

NV ENERGY, INC.                         NV       2.03                 04/13/12

OFFICEMAX INC                           DE       5.02                 04/11/12

OHIO VALLEY BANC CORP                   OH       2.02,9.01            03/31/12

OHIO VALLEY BANC CORP                   OH       8.01                 04/17/12

OMNICOM GROUP INC                       NY       2.02,9.01            04/17/12

OPTICAL CABLE CORP                      VA       8.01,9.01            04/16/12

PALADIN REALTY INCOME PROPERTIES INC    MD       9.01                 03/15/12    AMEND

PANERA BREAD CO                         DE       5.02,9.01            04/17/12

PANHANDLE EASTERN PIPE LINE CO LP       DE       4.01,9.01            04/16/12

PARK NATIONAL CORP /OH/                 OH       2.02,7.01,8.01,9.01  04/16/12

PATRIOT TRANSPORTATION HOLDING INC      FL       8.01                 04/17/12    AMEND

PAULSON CAPITAL CORP                    OR       1.01,2.01,9.01       04/10/12

Phillips 66                             DE       5.02                 04/12/12

PHOTOTRON HOLDINGS, INC.                DE       8.01,9.01            04/13/12

PINNACLE FINANCIAL PARTNERS INC         TN       2.02,9.01            04/16/12

PIONEER POWER SOLUTIONS, INC.           DE       9.01                 06/28/11    AMEND

PLAINS ALL AMERICAN PIPELINE LP         DE       8.01,9.01            04/17/12

Plures Technologies, Inc./DE            DE       3.02,9.01            04/13/12

PLURISTEM THERAPEUTICS INC              NV       8.01                 04/17/12

POTASH AMERICA, INC.                    NV       1.01,9.01            04/12/12

PREMIER HOLDING CORP.                   NV       5.02                 04/11/12

ProPhase Labs, Inc.                     NV       5.07                 04/16/12

Q LOTUS HOLDINGS INC                    NV       1.01,9.01            04/05/12

QUEPASA CORP                            NV       5.02                 04/11/12

RADIAN GROUP INC                        DE       8.01                 04/11/12

RARE ELEMENT RESOURCES LTD              A1       7.01,9.01            04/13/12

REALTY INCOME CORP                      MD       8.01,9.01            04/12/12

RED METAL RESOURCES, LTD.               NV       1.01,3.02,9.01       04/12/12

REDDY ICE HOLDINGS INC                  DE       1.01,1.03,2.04,7.01, 04/11/12
ROI Acquisition Corp.                   DE       8.01,9.01            04/16/12

RSC Holdings Inc.                       DE       2.02,8.01,9.01       04/17/12

SANDRIDGE ENERGY INC                    DE       1.01,2.01,2.03,3.02, 04/17/12
Sara Lee Corp                           MD       8.01,9.01            04/13/12

SCHOOL SPECIALTY INC                    WI       5.02,9.01            04/12/12

SCIENTIFIC LEARNING CORP                DE       3.01                 04/11/12

Seagate Technology plc                  L2       2.02,9.01            04/17/12

SEFE, INC.                              NV       5.02                 04/13/12

SENIOR HOUSING PROPERTIES TRUST         MD       8.01                 04/13/12

SEQUENOM INC                            DE       1.01                 04/12/12

Shire plc                                        8.01,9.01            04/17/12

SIGMA LABS, INC.                        NV       4.02                 04/11/12

SILVER BULL RESOURCES, INC.             NV       5.02,5.07            04/11/12

SIRIUS XM RADIO INC.                    DE       8.01                 04/16/12

SIRONA DENTAL SYSTEMS, INC.             DE       5.07                 02/23/12

SMITH A O CORP                          DE       5.07                 04/16/12

SOLIGENIX, INC.                         DE       5.02                 04/16/12

SOUTHCOAST FINANCIAL CORP               SC       2.02,9.01            04/12/12

SOUTHERN UNION CO                       DE       4.01,9.01            04/16/12

SRS LABS INC                            DE       1.01,8.01,9.01       04/16/12

STAGE STORES INC                        NV       8.01,9.01            04/17/12

STANLEY FURNITURE CO INC.               DE       2.02,9.01            04/17/12

STATE STREET CORP                       MA       2.02,9.01            04/17/12

STEIN MART INC                          FL       5.02,9.01            04/12/12

STRATASYS INC                           DE       1.01,3.03,5.03,8.01, 04/13/12
STRYKER CORP                            MI       2.02,9.01            04/17/12

SUN BANCORP INC /NJ/                    NJ       5.02                 04/16/12

Susser Holdings CORP                    DE       2.02                 04/17/12

SYSCO CORP                              DE       8.01,9.01            04/13/12

TAPIMMUNE INC                           NV       1.01,9.01            04/17/12

TD AMERITRADE HOLDING CORP              DE       2.02,3.01,9.01       04/11/12

TELIK INC                               DE       8.01,9.01            04/17/12

TELLABS INC                             DE       5.02,9.01            04/16/12

TENGION INC                             DE       7.01,8.01,9.01       04/17/12

TEXAS INDUSTRIES INC                    DE       8.01,9.01            04/16/12

THERMOENERGY CORP                       DE       2.02,9.01            04/17/12

Thrive World Wide Inc.                  NV       5.02                 04/17/12

TII NETWORK TECHNOLOGIES, INC.          DE       5.02,9.01            04/13/12

TITAN PHARMACEUTICALS INC               DE       8.01,9.01            04/16/12

TRANS LUX CORP                          DE       2.02,9.01            04/16/12

TRC COMPANIES INC /DE/                  DE       1.02                 04/11/12

Tree.com, Inc.                          DE       2.02                 02/24/12    AMEND

Triangle Petroleum Corp                 NV       2.02,5.02,7.01,9.01  04/14/12

ULTRATECH INC                           DE       5.02,5.03,9.01       04/17/12

UMH PROPERTIES, INC.                    MD       7.01,9.01            04/17/12

UNISOURCE ENERGY CORP                   AZ       3.02                 04/17/12

United Continental Holdings, Inc.       DE       5.02,9.01            04/15/12

UNITED REFINING CO                      PA       8.01,9.01            04/16/12

UNIVERSITY GENERAL HEALTH SYSTEM, INC   NV       9.01                 04/17/12

Unum Group                              DE       7.01,9.01            04/17/12

UQM TECHNOLOGIES INC                    CO       1.01,9.01            04/13/12

US BANCORP \DE\                         DE       2.02,9.01            04/17/12

USG CORP                                DE       2.02,9.01            04/17/12

VIASYSTEMS GROUP INC                    DE       1.01,2.02,7.01,8.01, 04/16/12
WEBSTER FINANCIAL CORP                  DE       2.02,9.01            04/17/12

Wendy's Co                              DE       8.01,9.01            04/17/12

WESBANCO INC                            WV       7.01,9.01            04/17/12

WEST PHARMACEUTICAL SERVICES INC        PA       2.02                 04/17/12

WESTAMERICA BANCORPORATION              CA       2.02,9.01            04/17/12

WESTERN ASSET GLOBAL PARTNERS INCOME    MD       8.01,9.01            04/17/12

WESTERN ASSET HIGH INCOME FUND INC.     MD       8.01,9.01            04/17/12

WESTERN ASSET MUNICIPAL PARTNERS FUND   MD       8.01,9.01            04/17/12

WESTINGHOUSE AIR BRAKE TECHNOLOGIES C   DE       2.02,7.01,9.01       04/12/12

WINLAND ELECTRONICS INC                 MN       3.01,9.01            04/11/12

WORLD FUEL SERVICES CORP                FL       7.01,9.01            04/17/12

YAHOO INC                               DE       2.02,9.01            04/17/12

Yellowwood Acquisition Corp             DE       3.02,5.01,5.02       04/17/12

ZOGENIX, INC.                           DE       1.01                 04/12/12



Modified: 04/18/2012