SEC Names Diane C. Blizzard as Associate Director For Regulatory Policy and Investment Adviser Regulation
The Securities and Exchange Commission today announced that Diane C. Blizzard has been named Associate Director for Regulatory Policy and Investment Adviser Regulation in the Division of Investment Management. As Associate Director, Ms. Blizzard will supervise two offices that develop recommendations for rulemaking and other policy initiatives under the Investment Company Act and the Investment Advisers Act.
Ms. Blizzard replaces Robert Plaze, who has become Deputy Director of the Division. Ms. Blizzard has been a member of the Division of Investment Management staff for 12 years, most recently serving as Managing Executive. She has previously held several policy roles, including as Senior Adviser to the Director and as head of the Office of Regulatory Policy, one of the Division’s rulemaking offices she will now lead. Earlier in her career, Ms. Blizzard was counsel to an affiliate of the Investment Company Institute.
“Diane is an accomplished lawyer and a skilled manager and I look forward to her continued leadership in her new role,” said Eileen Rominger, Director of the SEC’s Division of Investment Management.
“This is a great opportunity to work with Eileen Rominger and the talented Division staff on advancing Chairman Schapiro’s investor-focused regulatory agenda,” Ms. Blizzard said.
Ms. Blizzard holds a bachelor’s degree from Duke University and received her law degree from Georgetown University. (Press Rel. 2012-69)
Volcker Rule Conformance Period Clarified
The Federal Reserve Board on Thursday announced its approval of a statement clarifying that an entity covered by section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the so-called Volcker Rule, has the full two-year period provided by the statute to fully conform its activities and investments, unless the Board extends the conformance period. Section 619 generally requires banking entities to conform their activities and investments to the prohibitions and restrictions included in the statute on proprietary trading activities and on hedge fund and private equity fund activities and investments.
Section 619 required the Board to adopt rules governing the conformance periods for activities and investments restricted by that section, which the Board did on February 9, 2011. Subsequently, the Board received a number of requests for clarification of the manner in which this conformance period would apply and how the prohibitions will be enforced. The Board is issuing this statement to address this question.
The Board’s conformance rule provides entities covered by section 619 of the Dodd-Frank Act a period of two years after the statutory effective date, which would be until July 21, 2014, to fully conform their activities and investments to the requirements of section 619 of the Dodd-Frank Act and any implementing rules adopted in final under that section, unless that period is extended by the Board.
The Board, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission (the agencies) plan to administer their oversight of banking entities under their respective jurisdictions in accordance with the Board’s conformance rule and the attached statement. The agencies have invited public comment on a proposal to implement the Volcker rule, but have not adopted a final rule. Press Rel. 2012-70)
In the Matter of Brian S. Cherry
An Administrative Law Judge issued an Order Making Findings and Imposing Sanctions by Default (Default Order) in Brian S. Cherry, Admin. Proc. No. 3-14789. The Order Instituting Proceedings (OIP) alleged that Respondent Brian S. Cherry (Cherry) was permanently enjoined from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rule 10b-5 on February 3, 2012, in SEC v. Aubrey, No. 8:11-cv-01564-JVS-RNB (C.D. Cal.). The Default Order finds the allegations of the OIP to be true and that it is in the public interest, pursuant to Section 15(b) of the Exchange Act, to bar Cherry from association with a broker, dealer, investment adviser, municipal securities dealer, transfer agent, and from participating in an offering of penny stock. (Rel. 34-66826; File No. 3-14789)
In the Matter of MidSouth Capital, Inc. and Mark D. Hill
On April 18, 2012, the Commission an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934, Section 203(f) 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 against MidSouth Capital, Inc. (MidSouth) and Mark D. Hill (Hill). The Order finds that, between 2008 and October 2011, MidSouth Capital failed, on multiple occasions, to maintain its necessary minimum net capital amounts. The Order further finds that, despite these failures, MidSouth continued to effect transactions in securities as a broker-dealer in violation of the federal securities laws and further failed to provide timely notification of its net capital deficiencies. The Order further finds that Hill, MidSouth’s former CEO and Financial Operations Principal, willfully aided and abetted and caused MidSouth’s net capital violations.
Based on the above, the Order censures MidSouth and directs MidSouth and Hill to cease-and-desist from committing or causing violations of the net capital rules. The Order further imposes upon Hill a six (6) month suspension from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization; a six (6) month prohibition 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; and a civil money penalty of $15,000. MidSouth and Hill consented to the issuance of the Order without admitting or denying any of the findings in the Order, except as to the Commission’s jurisdiction over them and the subject matter of these proceedings, which are admitted. (Rel. 34-66828; IA-3398; IC-30038; File No. 3-14852)
SEC Charges OX Trading, OptionsXpress, and Former CFO with Registration Violations
The Securities and Exchange Commission today charged a Chicago-based securities dealer affiliated with online brokerage firm optionsXpress, Inc. with violating the registration provisions of the securities laws when it continued trading operations after delisting from the Chicago Board Options Exchange (CBOE) and deregistering with the SEC, apparently to avoid an audit.
The SEC’s Division of Enforcement instituted administrative proceedings against OX Trading LLC, optionsXpress, and their former CFO Thomas E. Stern, alleging that OX Trading operated as an unregistered dealer from October 2009 to November 2010 and illegally transacted in securities while not a member of a national securities association or national exchange from March 2009 to November 2010.
According to the SEC’s order, Stern terminated OX Trading’s membership with the CBOE and ended the firm’s broker-dealer registration with the SEC. Meanwhile, OX Trading quietly continued to conduct trading through a customer account at optionsXpress. Stern, who was also OX Trading’s Chief Compliance Officer, later fabricated and backdated an allegedly exculpatory letter purporting to demonstrate that he had properly informed CBOE that OX Trading would deregister and become a customer of optionsXpress.
Earlier this week, the SEC charged optionsXpress and Stern for their roles in a naked short selling scheme.
According to the SEC’s order, OX Trading and optionsXpress became wholly-owned subsidiaries of The Charles Schwab Corporation in September 2011. OX Trading, which was originally registered with the SEC in 2008, was created to provide price improvement on orders from optionsXpress’ customers and to profit from those trades. OX Trading received electronic requests for quotes (RFQs) from optionsXpress. These RFQs allowed OX Trading to determine whether it wanted to be the counterparty to an optionsXpress customer’s order. OX Trading allegedly made money when it traded as a counterparty to optionsXpress customer orders and hedged the positions created by those trades.
According to the SEC’s order, a CBOE examiner conveyed to Stern in early 2009 that OX Trading was required to have an annual audit based on its CBOE membership status. Despite CBOE’s request, Stern refused to pay for an audit and subsequently terminated OX Trading’s CBOE membership on March 2, 2009. Nonetheless, OX Trading continued to conduct the same trading through a customer portfolio margin account at optionsXpress. Stern did not inform the CBOE that OX Trading would continue its operations as a customer of optionsXpress. He later attempted to furnish the fabricated and backdated letter to SEC investigators in a phony attempt to prove otherwise.
According to the SEC’s order, after Stern was contacted by the SEC’s Division of Trading and Markets, Stern filed a form with the SEC on Aug. 18, 2009, to deregister OX Trading as a broker-dealer. The deregistration became effective on Oct. 17, 2009. According to an internal e-mail sent by Stern, OX Trading “stalled as long as [it] could” in deregistering. OX Trading continued to trade through a customer portfolio margin account at optionsXpress.
The SEC’s Division of Enforcement alleges that CBOE identified the OX Trading customer account during an exam of optionsXpress in late 2009. CBOE requested an explanation about why OX Trading was not registered with the SEC as a broker-dealer. In an internal e-mail about CBOE’s request, Stern stated, “I am happy to spin this however it needs to be.” Stern then sent CBOE a letter containing numerous factual inaccuracies and no legal opinion or analysis about OX Trading’s registration status. CBOE sent Stern another letter in June 2010 informing him that it believed OX Trading was functioning as a dealer and that it needed to either cease operations or obtain a written opinion from the SEC confirming that OX Trading was not required to register. OX Trading did neither.
According to the SEC’s order, OX Trading eventually acquired a CBOE trading permit and registered again with the SEC effective Nov. 16, 2010.
As alleged in the SEC’s order, OX Trading violated Sections 15(a) and 15(b)(8) of the Exchange Act, and Stern and optionsXpress caused and willfully aided and abetted OX Trading’s violations.
In these administrative proceedings, a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence to determine whether the allegations contained in the SEC’s order are true and to determine what relief, if any, is in the public interest against OX Trading, optionsXpress, and Stern, including, but not limited to, disgorgement of ill-gotten gains, prejudgment interest, and financial penalties. (Rel. 34-66831; IA-30039; File No. 3-14853)
In the Matter of ProElite, Inc.
An Administrative Law Judge issued an Order Making Findings and Revoking Registration by Default as to Universal Guardian Holdings, Inc. (Default Order) in ProElite, Inc., Admin. Proc. 3-14806. The Default Order finds that Universal Guardian Holdings, Inc. (Universal Guardian), an issuer of securities registered pursuant to Section 12(g) of the Securities Exchange Act of 1934 (Exchange Act), failed to comply with Exchange Act Section 13(a) and Exchange Act Rules 13a-1 and 13a-13 by failing to file required periodic reports with the Securities and Exchange Commission. As a result, the Administrative Law Judge ordered the revocation of the registration of each class of Universal Guardian’s registered securities.
The Administrative Law Judge ordered a second prehearing conference on May 17, 2012, to determine whether ProElite, Inc., was able to carry out its intent to file its missing periodic reports. (Rel. 34-66832; File No. 3-14806)
SEC Announces Settlement of Accounting Fraud Charges Against Former CSK Auto Corporation Management
On April 18, 2012, the Securities and Exchange Commission announced that final judgments have been entered in the United States District Court in Phoenix, Arizona against three former officers and managers of Phoenix-based CSK Auto Corporation (CSK). The Commission’s complaint, filed in 2009, alleged that from 2002 to 2004, Don W. Watson, CSK’s former chief financial officer, senior vice president, and treasurer, Edward W. O’Brien, CSK’s former controller, and Gary M. Opper, CSK’s former director of credit and receivables, engaged in a scheme to materially overstate CSK’s income by aggressively recognizing vendor allowances and failing to write off vendor allowance receivables when management knew the receivables were uncollectible. Because of the scheme, CSK filed false financial statements overstating pre-tax income for fiscal year 2002 by 48.6%, or $11.2 million, fiscal year 2003 by at least $37.4 million, thereby reporting pre-tax income instead of a pre-tax loss, and fiscal year 2004 by at least 67.2%, or $21.4 million. At the time of the fraud, CSK was one of the nation’s largest auto parts retailers with over 1000 stores located throughout the western United States. In July 2008, CSK became a wholly owned subsidiary of O’Reilly Automotive, Inc.
Pursuant to his final judgment, Watson consented to a permanent injunction, a permanent officer and director bar, and agreed to reimburse O’Reilly Automotive, Inc. (“O’Reilly”), which acquired CSK, $646,404.17 in bonuses and stock profits pursuant to Section 304 of the Sarbanes-Oxley Act of 2002, (“SOX”), 15 U.S.C. § 7243. In a related criminal action brought by the U.S. Department of Justice, on September 21, 2011, Watson was sentenced to two years’ imprisonment, to be followed by three years’ supervised release, and ordered to pay restitution in the amount of $1,016.13, based on his guilty plea to a to a one-count superseding felony information, charging him with conspiracy to commit securities fraud and mail fraud, in violation of 18 U.S.C. § 371.
Pursuant to his final judgment, O’Brien consented, without admitting or denying the allegations in the Commission’s complaint, to a permanent injunction, a permanent officer and director bar, and agreed to pay $33,386 in disgorgement and prejudgment interest. Pursuant to his final judgment, Opper consented, without admitting or denying the allegations in the Commission’s complaint, to full injunctive relief and agreed to pay $10,906 in disgorgement and prejudgment interest. In the related DOJ criminal action, both O’Brien and Opper pled guilty to obstruction of justice in connection with the Commission’s investigation by providing false information to CSK’s counsel, knowing that the results of CSK’s internal investigation would be disclosed to the Commission staff, in violation of 18 U.S.C. § 1505. On November 10, 2011, both O’Brien and Opper were sentenced to three years’ probation, and ordered to pay a $10,000 and $2,500 fine, respectively. [SEC v. Don W. Watson, Edward W. O’Brien, and Gary M. Opper, Case No. 2:09-cv-00442-LOA (D. Ariz.)] (LR-22338; AAE Rel. 3382)
Beverly Hills Bancorp Inc.
A notice has been issued giving interested persons until May 14, 2012, to request a hearing on an application filed by Beverly Hills Bancorp Inc. (Beverly Hills). The requested order would exempt Beverly Hills from all provisions of the Act, except Sections 9, 17(a), 17(d), 17(e), 17(f), 36 through 45, and 47 through 51 of the Act and the rules thereunder, subject to the modifications discussed in the application, until the earlier of one year from the date of the requested order or such time as Beverly Hills would no longer be required to register as an investment company under the Act. (Rel. IC-30036 - April 18)
Jefferies Employees Special Opportunities Partners, LLC, et al.
An order has been issued on an application filed by Jefferies Employees Special Opportunities Partners, LLC, et al. to exempt a limited liability company formed for the benefit of eligible employees of Jefferies Group, Inc. and its affiliates from certain provisions of the Investment Company Act of 1940 (Act). The limited liability company is an “employees’ securities company” within the meaning of Section 2(a)(13) of the Act. (Rel. IC-30037 - April 18)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change, (SR-Phlx-2012-49), filed by NASDAQ OMX PHLX LLC, to amend Rule 1014 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 23. (Rel. 34-66806)
Approval of Proposed Rule Changes
The Commission has approved a proposed rule change (SR-ICC-2012-01) filed by ICE Clear Credit LLC under Section 19(b)(1) of the Securities Exchange Act of 1934 to provide that one hundred percent (100%) of the initial margin requirement for client-related positions cleared in a clearing participant’s customer account origin may be satisfied by a clearing participant utilizing US Treasuries. Publication is expected in the Federal Register during the week of April 23. (Rel. 34-66825)
The Commission approved a proposed rule change, as modified by Amendment No. 1 thereto, submitted by The NASDAQ Stock Market LLC (SR-NASDAQ-2012-002), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder, to adopt an alternative to the $4 pershare initial listing bid price requirement for the Nasdaq Capital Market of either $2 closing price per share or $3 closing price per share, if certain other listing requirements are met. Publication is expected in the Federal Register during the week of April 23. (Rel. 34-66830)
Proposed Rule Change
International Securities Exchange, LLC filed a proposed rule change (SR-ISE-2012-26) to list and trade option contracts overlying 10 shares of a security. Publication is expected in the Federal Register during the week of April 23. (Rel. 34-66827)
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 FIVE BELOW, INC, 1616 WALNUT STREET, SUITE 400, PHILADELPHIA, PA, 19103, 215 546 7909 - 0 ($150,000,000.00) Equity, (File 333-180780 - Apr. 18) (BR. 02) S-3ASR SANDRIDGE ENERGY INC, 123 ROBERT S. KERR AVENUE, OKLAHOMA CITY, OK, 73102-6406, 405-429-5500 - 0 ($532,523,189.00) Equity, 0 ($0.00) Unallocated (Universal) Shelf, (File 333-180781 - Apr. 18) (BR. 04A) S-8 JinkoSolar Holding Co., Ltd., 1 JINGKE ROAD, SHANGRAO ECONOMIC DEVELOPMENT ZONE, JIANGXI PROVINCE, F4, 334100, (86-793)846-9699 - 2,000,000 ($11,400,000.00) Equity, (File 333-180787 - Apr. 18) (BR. 10B) S-3 CONNS INC, 3295 COLLEGE STREEET, BEAUMONT, TX, 77701, 4098321696 - 0 ($250,000,000.00) Unallocated (Universal) Shelf, (File 333-180789 - Apr. 18) (BR. 02B) S-3 THOMAS PROPERTIES GROUP INC, 515 SOUTH FLOWER STREET 6TH FLOOR, LOS ANGELES, CA, 90071, 2136131900 - 0 ($250,000,000.00) Equity, (File 333-180790 - Apr. 18) (BR. 08C) S-3 Two Harbors Investment Corp., 601 CARLSON PARKWAY, SUITE 150, MINNETONKA, MN, 55305, 612-629-2500 - 0 ($2,500,000,000.00) Other, (File 333-180791 - Apr. 18) (BR. 08B) N-2 RMR Preferred Income Fund, TWO NEWTON PLACE, 255 WASHINGTON STREET, NEWTON, MA, 02458, (617) 332-9530 - 0 ($1,000,000.00) Equity, (File 333-180801 - Apr. 18) (BR. 18) S-8 IMAGEWARE SYSTEMS INC, 10815 RANCHO BERNARDO RD.,, SUITE 310, SAN DIEGO, CA, 92127, 8586738600 - 0 ($2,472,561.09) Equity, (File 333-180809 - Apr. 18) (BR. 03C) S-1 PROTEONOMIX, INC., 187 MILL LANE, MOUNTAINSIDE, NJ, 07052, 973-544-6116 - 6,945,226 ($12,214,020.00) Equity, (File 333-180811 - Apr. 18) (BR. 01A)
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 ABBOTT LABORATORIES IL 2.02,9.01 04/18/12 ABOVENET INC DE 8.01,9.01 04/18/12 Aclor International, Inc. DE 8.01 04/11/12 ACTUANT CORP WI 1.01,2.03,8.01,9.01 04/16/12 ADCARE HEALTH SYSTEMS INC OH 1.01,2.03 04/12/12 ADVOCAT INC DE 8.01,9.01 04/17/12 AFFIRMATIVE INSURANCE HOLDINGS INC DE 3.01 04/13/12 ALBEMARLE CORP VA 2.02,9.01 04/18/12 American Energy Development Corp. NV 8.01,9.01 04/17/12 AMERICAN EXPRESS CO NY 2.02,7.01 04/18/12 American Realty Capital Properties, I MD 8.01 04/17/12 American Realty Capital Trust, Inc. DE 1.01,2.03,8.01,9.01 04/18/12 American Sands Energy Corp. DE 5.02 04/16/12 AMERICANWEST BANCORPORATION WA 7.01,9.01 04/13/12 AMPHENOL CORP /DE/ DE 2.02,9.01 04/18/12 ANNAPOLIS BANCORP INC MD 8.01,9.01 04/18/12 ARROW FINANCIAL CORP NY 2.02,9.01 04/18/12 Aspect FuturesAccess LLC DE 3.02 04/13/12 ASSOCIATED MATERIALS, LLC DE 8.01,9.01 04/18/12 BADGER METER INC WI 2.02,9.01 04/18/12 Bank of New York Mellon CORP DE 2.02,9.01 04/18/12 BIOTIME INC CA 7.01,9.01 04/18/12 Bizzingo, Inc. NV 5.02,7.01,9.01 04/03/12 BJs RESTAURANTS INC CA 8.01,9.01 04/18/12 BLACKBAUD INC 8.01,9.01 04/18/12 BlackRock Inc. DE 2.02,9.01 04/18/12 Boston Therapeutics, Inc. DE 8.01,9.01 04/18/12 BROCADE COMMUNICATIONS SYSTEMS INC DE 1.01,5.07 04/12/12 CADUS CORP DE 8.01 04/18/12 CAESARS ENTERTAINMENT Corp DE 5.02 04/16/12 CAMERON INTERNATIONAL CORP DE 5.03,8.01,9.01 04/16/12 CASS INFORMATION SYSTEMS INC MO 5.07,8.01,9.01 04/16/12 CATALYST HEALTH SOLUTIONS, INC. DE 7.01,8.01,9.01 04/17/12 CENTRAL FEDERAL CORP DE 8.01,9.01 04/18/12 CENTRAL VALLEY COMMUNITY BANCORP CA 2.02,9.01 04/18/12 CENTURYLINK, INC LA 8.01,9.01 04/18/12 Chaparral Energy, Inc. DE 7.01,9.01 04/18/12 CHECKPOINT SYSTEMS INC PA 5.02,9.01 04/13/12 CHEMBIO DIAGNOSTICS, INC. NV 7.01,9.01 04/18/12 CHEMICAL FINANCIAL CORP MI 5.07 04/16/12 CHINA FORESTRY INC NV 5.02 04/06/12 CICERO INC DE 1.01,3.02,5.01 03/31/12 CIG WIRELESS CORP. NV 1.01,5.02,5.03,9.01 03/22/12 CITIZENS & NORTHERN CORP PA 8.01,9.01 04/18/12 CLEVELAND BIOLABS INC DE 5.02,9.01 04/12/12 CMS ENERGY CORP MI 3.02,7.01,9.01 04/13/12 CNB FINANCIAL CORP/PA PA 5.02,5.07,8.01,9.01 04/17/12 COHEN & STEERS INC DE 2.02,9.01 04/18/12 COMMUNITY TRUST BANCORP INC /KY/ KY 2.02,7.01,9.01 03/31/12 CompuCredit Holdings Corp GA 1.01,2.03,9.01 11/02/11 AMEND CORE LABORATORIES N V P7 2.02,9.01 04/18/12 COVANTA HOLDING CORP DE 2.02,7.01,9.01 04/18/12 COVER ALL TECHNOLOGIES INC DE 1.01 04/18/12 Crestwood Midstream Partners LP DE 5.02 04/12/12 CROWN HOLDINGS INC PA 2.02,9.01 04/18/12 CUBIST PHARMACEUTICALS INC DE 2.02,9.01 04/18/12 Cullman Bancorp, Inc. X1 8.01,9.01 04/17/12 Cyalume Technologies Holdings, Inc. DE 2.02,9.01 04/16/12 CYS Investments, Inc. MD 2.02,9.01 04/18/12 DELCATH SYSTEMS INC DE 5.02,9.01 04/13/12 Delta Seaboard International, Inc. NV 1.01,2.01,5.02,5.06, 04/18/12 9.01 DEPOMED INC CA 8.01 04/18/12 DIAMOND OFFSHORE DRILLING INC DE 7.01,9.01 04/18/12 Digital Realty Trust, Inc. 2.03 04/16/12 DNA BRANDS INC CO 1.01,9.01 04/09/12 DONEGAL GROUP INC DE 2.02,9.01 04/18/12 DOVER Corp DE 2.02,9.01 03/31/12 EBAY INC DE 2.02,9.01 04/18/12 EDUCATION MANAGEMENT CORPORATION 8.01,9.01 04/17/12 ENDEAVOUR INTERNATIONAL CORP NV 1.01,2.03 04/12/12 ENERNOC INC DE 5.02 04/16/12 Ensco plc 7.01,9.01 04/18/12 ENTROPIC COMMUNICATIONS INC DE 1.01,2.01,9.01 04/12/12 ERIE INDEMNITY CO PA 5.07,8.01 04/17/12 ESB FINANCIAL CORP PA 2.02,9.01 04/17/12 EVERTEC, Inc. PR 1.01,3.02,5.02,5.07, 04/17/12 9.01 EXPONENT INC DE 2.02,9.01 04/18/12 F5 NETWORKS INC WA 2.02,9.01 04/18/12 FASTENAL CO MN 5.02,5.07 04/17/12 Federal Home Loan Bank of Chicago X1 7.01,9.01 04/18/12 Fifth Street Finance Corp DE 8.01,9.01 04/18/12 FIFTH THIRD BANCORP OH 5.07 04/17/12 First Advantage Bancorp 8.01,9.01 04/18/12 First Bancorp, Inc /ME/ ME 2.02 03/31/12 FIRST CASH FINANCIAL SERVICES INC DE 2.02,8.01,9.01 04/16/12 First Choice Healthcare Solutions, In FL 7.01,9.01 04/17/12 FIRST CITIZENS BANCSHARES INC /DE/ DE 5.02 04/13/12 FIRST COMMUNITY CORP /SC/ SC 2.02,8.01,9.01 04/18/12 FIRST HORIZON NATIONAL CORP TN 5.02,5.07,9.01 04/17/12 FIRST LEVEL ENTERTAINMENT GROUP, INC. FL 3.02,5.02 04/17/12 Firsthand Technology Value Fund, Inc. 8.01,9.01 04/18/12 FLATBUSH FEDERAL BANCORP INC 1.01,9.01 04/12/12 Florida Bank Group, Inc. FL 8.01 04/12/12 Francesca's Holdings CORP 7.01,9.01 04/17/12 FREDERICK COUNTY BANCORP INC MD 5.02 04/18/12 GENWORTH FINANCIAL INC DE 2.02,9.01 04/17/12 GENWORTH FINANCIAL INC DE 5.02 04/16/12 Georgetown Bancorp, Inc. X1 5.02,9.01 04/11/12 GLOBAL GSM SOLUTIONS NV 5.07 04/11/12 GLOBALSCAPE INC DE 7.01 04/18/12 GOODYEAR TIRE & RUBBER CO /OH/ OH 5.07 04/17/12 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 04/13/12 Great Wolf Resorts, Inc. DE 1.01,8.01,9.01 04/18/12 HASTINGS ENTERTAINMENT INC TX 8.01,9.01 04/13/12 HD SUPPLY, INC. DE 5.02 04/17/12 HD SUPPLY, INC. DE 1.01,1.02,2.03,7.01 04/12/12 HEARTLAND FINANCIAL USA INC DE 7.01,9.01 04/18/12 HERITAGE OAKS BANCORP CA 7.01,9.01 04/18/12 Highbridge Commodities FuturesAccess DE 3.02 04/13/12 HUNTINGTON BANCSHARES INC/MD MD 2.02,9.01 04/18/12 IHS Inc. DE 5.07 04/12/12 ILLUMINA INC DE 8.01,9.01 04/18/12 IMPERIAL PETROLEUM INC NV 1.01,9.01 04/06/11 INCYTE CORP DE 5.02 04/18/12 INDEPENDENT BANK CORP MA 5.02,8.01 04/12/12 INTEL CORP DE 2.02 04/17/12 INTERLEUKIN GENETICS INC DE 2.03 04/13/12 INTERNATIONAL BUSINESS MACHINES CORP NY 2.02 04/17/12 INTERNATIONAL BUSINESS MACHINES CORP NY 8.01 04/17/12 International Stem Cell CORP DE 3.02 04/17/12 INTERPHASE CORP TX 8.01,9.01 04/18/12 Intervia Inc. 4.01,9.01 04/17/12 Intervia Inc. 5.02 03/21/12 INUVO, INC. NV 7.01,9.01 04/18/12 ISLE OF CAPRI CASINOS INC DE 5.02 04/12/12 ITRONICS INC TX 2.02,9.01 04/12/12 JAKKS PACIFIC INC DE 8.01,9.01 04/18/12 JAKKS PACIFIC INC DE 8.01,9.01 04/17/12 KAMAN CORP CT 5.07 04/18/12 KEMET CORP DE 1.01,9.01 04/17/12 Kenergy Scientific, Inc. NJ 4.01,9.01 03/15/09 KENEXA CORP 9.01 02/06/12 AMEND KINDER MORGAN ENERGY PARTNERS L P DE 2.02,9.01 04/18/12 KINDER MORGAN, INC. DE 2.02,9.01 04/18/12 KIT digital, Inc. DE 9.01 04/11/12 AMEND KNIGHT CAPITAL GROUP, INC. DE 2.02,7.01,9.01 04/18/12 KNOLOGY INC DE 8.01,9.01 04/18/12 KNOLOGY INC DE 1.01,3.03,9.01 04/18/12 LAKELAND INDUSTRIES INC DE 2.02,9.01 04/18/12 LAM RESEARCH CORP DE 2.02,9.01 04/18/12 Laredo Oil, Inc. DE 5.02 04/12/12 LENNAR CORP /NEW/ DE 5.07 04/11/12 LEVEL 3 COMMUNICATIONS INC DE 1.01,9.01 04/18/12 LINEAR TECHNOLOGY CORP /CA/ DE 2.01,9.01 04/17/12 LPL Investment Holdings Inc. DE 5.02,9.01 04/18/12 LRR Energy, L.P. DE 7.01,9.01 04/18/12 MAGNUM OIL INC. NV 5.03,7.01,9.01 04/11/12 Man AHL FuturesAccess LLC DE 3.02 04/13/12 Mantra Venture Group Ltd. 1.01,5.02,9.01 04/03/12 AMEND MARRIOTT INTERNATIONAL INC /MD/ DE 2.02,9.01 04/18/12 MARTEN TRANSPORT LTD DE 2.02,9.01 04/17/12 MARTIN MARIETTA MATERIALS INC NC 1.01,9.01 04/13/12 McEwen Mining Inc. CO 5.02,7.01,9.01 04/18/12 MDU RESOURCES GROUP INC DE 2.02,7.01,9.01 04/17/12 MECHANICAL TECHNOLOGY INC NY 5.02 04/12/12 MEDIA GENERAL INC VA 2.02,9.01 04/18/12 MEDIWARE INFORMATION SYSTEMS INC NY 7.01,9.01 04/18/12 MEDTRONIC INC MN 8.01 04/18/12 Mellanox Technologies, Ltd. L3 2.02,9.01 04/18/12 Memorial Production Partners LP DE 8.01,9.01 04/17/12 METALS USA HOLDINGS CORP. DE 2.02,9.01 04/18/12 MHI Hospitality CORP MD 5.07,7.01,9.01 04/17/12 MICRO IMAGING TECHNOLOGY, INC. CA 5.02 04/13/12 MICRON TECHNOLOGY INC DE 1.01,2.03,3.02,9.01 04/12/12 MIDAMERICAN ENERGY CO IA 8.01 04/18/12 MINDSPEED TECHNOLOGIES, INC DE 2.02,9.01 02/06/12 AMEND ML Winton FuturesAccess LLC DE 3.02 04/13/12 MMRGlobal, Inc. DE 1.01,9.01 04/16/12 MONMOUTH REAL ESTATE INVESTMENT CORP MD 7.01,9.01 04/18/12 Morningstar, Inc. IL 8.01,9.01 04/17/12 Mueller Water Products, Inc. DE 8.01,9.01 04/18/12 MVB FINANCIAL CORP WV 7.01 04/18/12 MVB FINANCIAL CORP WV 7.01 04/18/12 AMEND National CineMedia, Inc. DE 1.01,7.01,8.01,9.01 04/18/12 NB Manufacturing, Inc. NV 1.01,9.01 04/12/12 NEW YORK COMMUNITY BANCORP INC DE 2.02,7.01,9.01 04/18/12 NEW YORK MORTGAGE TRUST INC MD 5.02,7.01,9.01 04/18/12 NEWS CORP 1.01,3.03,8.01,9.01 04/18/12 NEWS CORP 8.01,9.01 04/18/12 NIC INC CO 7.01 04/18/12 NightCulture, Inc. NV 7.01,9.01 04/17/12 NOBILITY HOMES INC FL 3.01 04/16/12 Noble Corp / Switzerland V8 2.02,9.01 04/18/12 NORDSTROM INC WA 8.01 04/18/12 NORTHERN TRUST CORP DE 5.03,9.01 04/17/12 NORWOOD FINANCIAL CORP PA 2.02,9.01 04/18/12 NOVELLUS SYSTEMS INC CA 2.02,9.01 04/18/12 Obagi Medical Products, Inc. DE 1.01,2.03,9.01 04/18/12 OMNI VENTURES INC KS 5.02 04/18/12 ON SEMICONDUCTOR CORP DE 8.01,9.01 04/16/12 PACIFIC CONTINENTAL CORP OR 2.02,9.01 04/18/12 PACKAGING CORP OF AMERICA 2.02,9.01 04/17/12 PACWEST BANCORP DE 2.02,9.01 04/18/12 PAPERWORKS INC. NV 7.01,9.01 04/17/12 PARKERVISION INC FL 8.01,9.01 04/18/12 Patriot Minefinders Inc. NV 5.03,9.01 04/11/12 PEABODY ENERGY CORP DE 1.04 04/13/12 PIER 1 IMPORTS INC/DE DE 7.01,9.01 04/18/12 PINNACLE WEST CAPITAL CORP AZ 8.01 04/18/12 PIPER JAFFRAY COMPANIES DE 2.02,9.01 04/18/12 Platinum Studios, Inc. CA 5.02 03/16/12 PLATINUM UNDERWRITERS HOLDINGS LTD D0 2.02,9.01 04/18/12 PLEXUS CORP WI 2.02 04/18/12 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 04/18/12 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 04/18/12 Poage Bankshares, Inc. MD 5.03,9.01 04/17/12 POLARIS INDUSTRIES INC/MN MN 2.02,7.01,9.01 04/18/12 POLYCOM INC DE 2.02,9.01 04/18/12 PRECISION OPTICS Corp INC MA 1.01 04/12/12 Primerica, Inc. DE 1.01,9.01 04/17/12 QUALCOMM INC/DE DE 2.02,9.01 04/18/12 QUEST DIAGNOSTICS INC DE 2.02,9.01 04/18/12 RealD Inc. DE 5.02,8.01,9.01 04/18/12 RECOVERY ENERGY, INC. NV 5.02,9.01 04/12/12 Rockville Financial, Inc. /CT/ CT 8.01 04/18/12 ROMA FINANCIAL CORP X1 7.01,9.01 04/18/12 RTI Biologics, Inc. DE 5.07 04/17/12 RUBY TUESDAY INC GA 5.02 04/17/12 S Y BANCORP INC KY 2.02,9.01 04/18/12 SANDRIDGE ENERGY INC DE 1.01,9.01 04/17/12 SandRidge Mississippian Trust II DE 1.01,9.01 04/17/12 SANTARUS INC DE 8.01 04/18/12 Santos Resource Corp. NV 1.01,4.01,9.01 04/18/12 SCBT FINANCIAL CORP SC 8.01 04/17/12 SCHAWK INC 7.01 04/18/12 SCHIFF NUTRITION INTERNATIONAL, INC. DE 7.01,9.01 04/18/12 SCHIFF NUTRITION INTERNATIONAL, INC. DE 9.01 03/30/12 AMEND SELECT COMFORT CORP MN 2.02,9.01 04/18/12 SERENA SOFTWARE INC DE 1.01 04/12/12 SHENANDOAH TELECOMMUNICATIONS CO/VA/ VA 5.03,5.07,7.01,9.01 04/17/12 Shengtai Pharmaceutical, Inc. 8.01,9.01 04/17/12 Silver Dragon Resources Inc. DE 7.01,9.01 04/18/12 SIMULATIONS PLUS INC 7.01,9.01 04/17/12 Sino Agro Food, Inc. NV 2.02,7.01 04/18/12 Skilled Healthcare Group, Inc. DE 1.01,1.02,2.03,2.04, 04/12/12 9.01 SLM CORP DE 2.02,9.01 04/18/12 SMITH MIDLAND CORP DE 2.02,9.01 04/16/12 SOUTH AMERICAN GOLD CORP. NV 5.02 04/12/12 SOUTHWEST BANCORP INC OK 2.02,7.01,9.01 04/18/12 SPAR GROUP INC DE 7.01,9.01 04/17/12 ST JUDE MEDICAL INC MN 2.02,9.01 04/18/12 Staffing 360 Solutions, Inc. 8.01 04/13/12 STERIS CORP OH 2.03 04/13/12 STILLWATER MINING CO /DE/ DE 7.01,9.01 04/18/12 STRATUS PROPERTIES INC DE 1.01,3.03,9.01 04/13/12 STUDIO II BRANDS INC FL 5.02 04/13/12 SUNPEAKS VENTURES, INC. 1.01,9.01 04/11/12 SUPERTEX INC CA 2.02,9.01 04/18/12 SXC Health Solutions Corp. A6 7.01,9.01 04/18/12 SYNTHESIS ENERGY SYSTEMS INC DE 7.01,9.01 04/18/12 TAMM Oil & Gas Corp. NV 5.02,9.01 04/18/12 TE Connectivity Ltd. V8 5.02,9.01 04/12/12 Tempco, Inc. NV 1.01,5.02,9.01 04/12/12 TEREX CORP DE 8.01,9.01 04/18/12 TEXTRON INC DE 2.02,9.01 04/18/12 TGC INDUSTRIES INC TX 5.02,9.01 04/13/12 THERMADYNE HOLDINGS CORP /DE DE 1.01,9.01 04/12/12 THQ INC DE 2.02,2.06,9.01 04/12/12 THUNDER MOUNTAIN GOLD INC NV 5.02,8.01,9.01 04/13/12 TIBCO SOFTWARE INC DE 1.01,8.01,9.01 04/16/12 TORON INC. NV 2.01 04/16/12 Toyota Auto Receivables 2012-A Owner DE 8.01,9.01 04/18/12 Toyota Auto Receivables 2012-A Owner DE 1.01,9.01 04/18/12 TRANS ENERGY INC NV 7.01,9.01 04/18/12 Transocean Ltd. V8 7.01,9.01 04/18/12 TRIM HOLDING GROUP NV 5.02 04/17/12 Two Harbors Investment Corp. 8.01,9.01 04/18/12 Unilife Corp DE 5.07,7.01,9.01 04/16/12 UNION BANKSHARES INC VT 2.02,8.01,9.01 04/18/12 UNITED RENTALS INC /DE DE 2.02,7.01,9.01 04/17/12 UNIVERSAL FOREST PRODUCTS INC MI 2.02,9.01 04/18/12 US BANCORP \DE\ DE 8.01 04/18/12 Vantage Drilling CO E9 7.01,9.01 04/18/12 VENTAS INC DE 1.01,2.03,9.01 04/17/12 VIRGINIA COMMERCE BANCORP INC 2.02,7.01,9.01 04/18/12 VISTAPRINT N.V. P7 1.01,9.01 04/13/12 VMWARE, INC. DE 2.02,9.01 04/18/12 VONAGE HOLDINGS CORP DE 5.02 04/17/12 WASHINGTON FEDERAL INC WA 2.02,7.01,9.01 04/12/12 WatchIt Technologies Inc. TX 5.02 04/13/12 WEST CORP DE 2.02,9.01 04/18/12 WESTAR ENERGY INC /KS KS 8.01 04/18/12 WEYERHAEUSER CO WA 5.07 04/12/12 WILLIAM LYON HOMES DE 2.02,9.01 04/16/12 Wright Express CORP 5.02,9.01 04/13/10 WVS FINANCIAL CORP PA 2.02,9.01 04/18/12 XCel Brands, Inc. DE 3.02,5.02 04/17/12 Xun Energy, Inc. NV 1.01,9.01 04/12/12