Securities and Exchange Commission Suspends Trading in the Securities of Six Issuers for Failure to Make Required Periodic Filings
The U.S. Securities and Exchange Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on July 19, 2012 and terminating at 11:59 p.m. EDT on August 1, 2012.
The Commission temporarily suspended trading in the securities of these six issuers due to a lack of current and accurate information about the companies because they have not filed periodic reports with the Commission in over two years. This 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 alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspensions, no quotation may be entered relating to the securities of the subject companies unless and until the broker or dealer has strictly complied with 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 companies that have been subject to a trading suspension 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, DC 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, they should immediately communicate it to the Delinquent Filings Branch of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-67462)
SEC Veteran Michele Wein Layne Named Director of Los Angeles Office
The Securities and Exchange Commission today announced that Michele Wein Layne has been named Regional Director of the Los Angeles Regional Office and will begin her new role immediately.
Ms. Layne has been an Associate Regional Director for Enforcement in the L.A. office since 2005. She began her SEC career 17 years ago as a staff attorney in the Enforcement Division and has worked her way up the ranks into the office’s most senior position. Ms. Layne has been serving as the Co-Acting Regional Director since the departure of prior office director Rosalind Tyson earlier this year.
During her tenure at the SEC, Ms. Layne has worked on many significant enforcement cases involving a wide variety of securities law violations. Among the cases in which she has played a leadership role was the enforcement action against Countrywide CEO Angelo Mozilo that resulted in the largest SEC penalty ever paid by a public company’s senior executive, and the CSK Auto matter that marked the SEC’s first-ever Sarbanes-Oxley Act “clawback” case against an individual who was required to return bonuses and stock profits while not personally charged for the company’s misconduct.
“Michele has devoted her professional life to the high calling of protecting the nation’s investors and its financial markets,” said Robert Khuzami, Director of the SEC’s Enforcement Division. “The leadership, judgment, and deep substantive knowledge she exercised while supervising some of the SEC’s most challenging enforcement actions makes her the perfect choice to lead the Los Angeles Regional Office into the future. I am delighted she has accepted this position.”
Carlo di Florio, Director of the SEC’s Office of Compliance Inspections and Examinations, added, “Michele has been a proven leader and strong partner with the National Exam Program. She has promoted effective coordination between our enforcement and exam teams. Her efforts have helped to ensure we are examining firms that present the most significant risks to investors and holding these firms and executives accountable. We are excited to welcome Michele to our leadership team.”
Ms. Layne said, “I am honored and fortunate for the opportunity to serve as the head of the Los Angeles Regional Office. For almost two decades, I have had the great privilege to work with the exceptionally dedicated and talented Los Angeles staff and look forward to leading our office’s continuing exemplary efforts on behalf of the investing public.”
As Regional Director, Ms. Layne will manage the examination and enforcement programs that operate out of the Los Angeles office, which has a staff of more than 120. The office primarily covers the SEC’s examination and enforcement efforts in Southern California, Arizona, Nevada, Hawaii, and Guam.
Prior to joining the SEC staff in 1995, Ms. Layne worked in private practice for 11 years at the law firms of Dewey & LeBoeuf and Buchalter Nemer. Her practice concentrated on complex business litigation.
Ms. Layne received her law degree from the University of Southern California. She graduated magna cum laude and Phi Beta Kappa from the University of California at Los Angeles. (Press Rel. 2012-140)
SEC Charges CEO With Insider Trading in Secondary Offering of Company Stock
The Securities and Exchange Commission today charged the chairman and CEO of a Santa Ana, Calif.-based computer storage device company with insider trading in a secondary offering of his stock shares with knowledge of confidential information that a major customer’s demand for one of its most profitable products was turning out to be less than expected.
The SEC alleges that Manouchehr Moshayedi sought to take advantage of a dramatically upward trend in the stock price of STEC Inc. by deciding to sell a significant portion of his stock holdings as well as shares owned by his brother, a company co-founder. The secondary offering was set to coincide with the release of the company’s financial results for the second quarter of 2009 and its revenue guidance for the third quarter. However, in the days leading up to the secondary offering, Moshayedi learned critical nonpublic information that was likely to have a detrimental impact on the stock price. Moshayedi did not call off the offering and abstain from selling his shares once he possessed the negative information unbeknownst to the investing public. Instead, he engaged in a fraudulent scheme to hide the truth through a secret side deal, and proceeded with the sale of 9 million shares from which he and his brother reaped gross proceeds of approximately $134 million each.
“Moshayedi put his own self-interest ahead of his responsibility to lead a public company, and shareholders who placed their trust in him suffered as a result,” said Michele Wein Layne, Director of the SEC’s Los Angeles Regional Office. “Company insiders are strictly prohibited under the securities laws from exploiting corporate dealings for private gain, particularly in the secretive and manipulative manner that Moshayedi did.”
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, STEC’s stock price increased more than 800 percent from January to August 2009 as the company reported higher revenues, sales, and margins for its products, particularly its flagship flash memory product called “ZeusIOPS,” a solid state drive (SSD). The stock rise also came on the heels of STEC’s July 2009 announcement of a unique agreement with its largest customer, EMC Corporation, which agreed to buy $120 million worth of ZeusIOPS in the third and fourth quarter of 2009. Moshayedi touted the sales growth of ZeusIOPS and said the agreement with EMC was “part of the expected growth” for STEC going forward.
The SEC alleges that as the Aug. 3, 2009 date for the secondary offering approached, Moshayedi learned in the course of his CEO duties two critical pieces of nonpublic information indicating that EMC’s actual demand for the ZeusIOPS was lower than previously expected. First, Moshayedi learned that EMC’s actual demand for the ZeusIOPS product in the third quarter would only be approximately $34 million – not nearly enough to ensure that STEC’s third quarter revenue guidance could meet or exceed consensus analyst estimates. Analysts had increased STEC’s revenue guidance estimates for the third quarter after STEC announced the agreement with EMC. Second, EMC informed Moshayedi that it would never again enter into a similar agreement with STEC.
According to the SEC’s complaint, Moshayedi responded by entering into a secret side deal with EMC in order to meet third quarter consensus revenue estimates. Moshayedi convinced EMC on July 29 to take $55 million of ZeusIOPS product in the third quarter – far more than it actually needed – in exchange for an undisclosed additional $2 million price discount on the product in the fourth quarter. After securing this deal, STEC announced the orchestrated guidance figures that amounted to approximately $21 million more than EMC’s actual forecasted demand for the quarter. And even though EMC unequivocally informed Moshayedi on the morning of August 3 that it would not make further volume commitments, he withheld this critical information from investors prior to his secondary offering while at the same time touting in public documents the future growth of the ZeusIOPS product and the importance of the STEC-EMC $120 million agreement.
The SEC’s complaint charges Moshayedi with violating the anti-fraud provisions of U.S. securities laws and seeks a final judgment ordering him to disgorge his own ill-gotten gains and the trading profits of his brother Mehrdad Mark Moshayedi, pay prejudgment interest and financial penalties, and be permanently barred from future violations and from serving as an officer and director of any registered public company.
The SEC’s investigation was conducted by Finola H. Manvelian and Douglas Kobayashi in the Los Angeles Regional Office, and John W. Berry will lead the litigation. (Press Rel. 2012-141)
Closed Meeting on Thursday, July 26, 2012 at 2:00 p.m.
The subject matter of the Closed Meeting scheduled for Thursday, July 26, 2012 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.
Notification of Technical Amendments to Securities Act Industry Guides
On July 13, 2012, notice was given of the publication of technical amendments to Guide 3, Statistical Disclosure by Bank Holding Companies, and Guide 7, Description of Property by Issuers Engaged or to be Engaged in Significant Mining Operations, of the Securities Act of 1933 Industry Guides. These revisions are to conform the Industry Guides to the FASB Accounting Standards CodificationTM . (Rel. 33-9337)
SEC Extends Interim Final Temporary Rule on Retail Foreign Exchange Transactions
The Commission has amended interim final temporary Rule 15b12-1T under the Securities Exchange Act of 1934 to extend its term to July 16, 2013, such that registered broker-dealers may continue to engage in retail foreign exchange transactions until that date under the existing regulatory framework that applies to them when effecting such transactions. (File No. S7-30-11). Publication is expected in the Federal Register during the week of July 16, 2012. (Rel. 34-67405)
Further Definition of “Swap,” “Security-Based Swap,” and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping
The Commission has adopted, jointly with the Commodity Futures Trading Commission (CFTC), rules and interpretations further defining the terms “swap” and “security-based swap” and whether a particular instrument is a “swap” regulated by the CFTC or a “security-based swap” regulated by the SEC. The rules and interpretations also address “mixed swaps,” which are regulated by both agencies, and “security-based swap agreements,” which are regulated by the CFTC but over which the SEC has antifraud and other authority. The rules and interpretations implement provisions of the 2010 Dodd-Frank Act that establish a comprehensive framework for regulating over-the-counter derivatives. The final rules and interpretations will become effective 60 days after the date of publication in the Federal Register. The compliance date of such rules and interpretation for purposes of certain interim exemptions under the federal securities laws will be 180 days after the date of publication in the Federal Register.
Marc Christopher Harmon Sanctioned
Marc Christopher Harmon (Harmon) has been barred from association with any broker or dealer. The sanction was ordered in an administrative proceeding before an administrative law judge, following a court-ordered injunction against him. In May 2012, Harmon was enjoined from violating the antifraud and registration provisions of the federal securities laws based on his involvement in a scheme that raised approximately $3.2 million from approximately sixteen investors through fraudulent, unregistered sales of securities. (Rel. 34-67458; File No. 3-14896)
Commission Orders Hearings on Registration Suspension or Revocation Against Seven Companies for Failure to Make Required Periodic Filings
In conjunction with this trading suspension, the Commission today also instituted public administrative proceedings to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of seven companies for failure to make required periodic filings with the Commission:
In this Order, the Division of Enforcement (Division) alleges that the seven issuers are delinquent in their required periodic filings with the Commission.
In this proceeding, instituted pursuant to Exchange Act Section 12(j), a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence from the Division and the Respondents to determine whether the allegations of the Division contained in the Order, which the Division alleges constitute failures to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder, are true. The judge in the proceeding will then determine whether the registrations pursuant to Exchange Act Section 12 of each class of the securities of these Respondents should be revoked or suspended for a period not exceeding twelve months. The Commission ordered that the Administrative Law Judge in this proceeding issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-67463; File No. 3-14956)
Delinquent Filers’ Stock Registrations Revoked
The registrations of the registered securities of Herzog International Holdings, Inc., Tatonka Oil & Gas Company, Inc., Green Capital Group, Inc., Lone Star International Energy Inc., Wintech Digital System Technology Corp., and House of Brussels Chocolates, 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. (Rel. 34-67464; File No. 3-14781)
In the Matter of Stephen J. Czarnik, Esq.
The United States Securities and Exchange Commission (Commission) announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission’s Rules of Practice, Making Findings and Imposing Remedial Sanctions (Order) against Stephen J. Czarnik, Esq. The Order finds that on July 12, 2012, a final judgment was entered against Czarnik in SEC v. Czarnik, in the United States District Court for the Southern District of New York, permanently enjoining him from future violations of Section 5 of the Securities Act of 1933, enjoining him from participating in an offering of penny stock for a period of five years, and permanently barring him from providing professional legal opinions in connection with the offer or sale of securities claiming an exemption under Regulation D of the Securities Act.
The Order further finds that the Commission’s civil complaint alleged, among other things, that Czarnik, a securities lawyer, was a necessary and substantial participant in the unregistered distributions of several penny stocks in violation of Section 5 of the Securities Act of 1933. Czarnik drafted opinion letters for these offerings stating that they were exempt from registration pursuant to Rule 504(b)(1)(iii) of Regulation D. The Commission alleged that the offerings did not comply with that rule because the offerings were not limited to bona fide accredited investors.
Based on the above, the Order suspends Stephen J. Czarnik from appearing or practicing before the Commission as an attorney. Czarnik has the right to apply for reinstatement after a period of three years from the date of the Order. Czarnik consented to the issuance of the Order without admitting or denying any of the findings of the Order, except that he admitted the entry of the final judgment and injunctions. (Rel. 34-67465; File No. 3-14957)
In the Matter of Huron Consulting Group Inc., Gary L. Burge, CPA, and Wayne E. Lipski, CPA
The Securities and Exchange Commission (Commission) announced the issuance of an Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order and Remedial Sanctions (Order) against Huron Consulting Group Inc., Gary L. Burge, and Wayne E. Lipski. The Order finds that Huron Consulting Group Inc. (Huron), a provider of financial and operational consulting services, Gary L. Burge (Burge), Huron’s former Chief Financial Officer and Treasurer, and Wayne E. Lipski (Lipski), Huron’s former Controller and Chief Accounting Officer, failed to properly record compensation expense for certain payments. The Order finds that the selling shareholders of four companies that Huron acquired (SSHs) redistributed a portion of the acquisition sales proceeds that they received from Huron to other Huron employees and among themselves (Redistributions). Contrary to Generally Accepted Accounting Principles, Huron did not record compensation expense for these payments. The Order further finds that in January 2008, Huron, Burge and Lipski considered an SEC Staff Accounting Bulletin, which referenced accounting principles applicable to the Redistributions, but that they subsequently did not determine the full impact of the accounting principles on the company’s financials. Their analysis as to certain Redistributions was inadequate, they did not revisit prior Redistributions and previously contemplated Redistributions of which they were aware, and they did not adequately consider whether there were any additional prior Redistributions or contemplated Redistributions that needed to be analyzed. Due to the improper accounting, Huron filed periodic reports with the Commission that overstated its pre-tax income by 3.70% for 2005, 6.09% for 2006, 30.45% for 2007, 68.59% for 2008, and 25.29% for the first quarter of 2009. In August 2009, Huron restated its financial statements for fiscal years 2006, 2007 and 2008 and the first quarter of 2009, reducing its net income by approximately $56 million. The Order also finds that Huron failed to maintain effective internal controls to ensure the appropriate recording and reporting of Redistributions.
Based on the above, the Order requires that Huron cease and desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder, and that it pay a civil money penalty in the amount of $1,000,000. The Order also requires that Burge and Lipski cease and desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, 13a-13, and 13b2-1 thereunder. Burge is also ordered to pay a civil money penalty in the amount of $50,000.00 and disgorgement of $147,763.12 plus prejudgment interest of $30,338.46, for a total payment of $228,101.58. Lipski is also ordered to pay a civil money penalty in the amount of $50,000.00 and disgorgement of $12,750.00 plus prejudgment interest of $3,584.94, for a total payment of $66,334.94. Huron, Burge and Lipski consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. 34-67472; AAE Rel. 3394; File No. 3-14958; Press Rel. 2012-142)
SEC Obtains Final Judgment in Case Involving Ponzi Scheme and Promotion of China Voice Holding Corp.
The Commission today announced the entry of a final judgment against Ilya Drapkin and two of his companies, MG TK Corp. and SMI Chips, Inc. The Commission previously alleged that Drapkin financed a stock promotion campaign concerning China Voice Holding Corp. at the same time that he sold millions of shares of China Voice. In addition, the Commission alleged that MG TK Corp. and SMI Chips received ill-gotten gains from a Ponzi scheme orchestrated by China Voice’s co-founder and former CFO, David Ronald Allen, and two associates.
The final judgment permanently enjoins Drapkin from violating Section 17(a)(3) of the Securities Act of 1933. The final judgment also orders Drapkin and MG TK to pay $3,754,004 in disgorgement and prejudgment interest and a civil penalty of $1,554,080, in connection with their sale of China Voice shares while financing stock promotion campaigns that encouraged investors to buy shares. The final judgment also orders Drapkin and MG TK to pay an additional $493,606 in disgorgement and prejudgment interest and Drapkin and SMI Chips to pay $74,270 in disgorgement and prejudgment interest. These figures represent the profits gained by Drapkin, MG TK, and SMI Chips from the Ponzi scheme run by Allen and his associates. In addition, Drapkin is barred from participating in offerings of penny stocks. The final judgment was entered on July 6, 2012. [SEC v. David Ronald Allen, et al., Civil Action No. 3:11-CV-882-O (N.D. Tex.)] (LR-22418)
Approval of Proposed Rule Change
The Commission granted approval of a proposed rule change (SR-OCC-2012-08), filed by The Options Clearing Corporation (OCC) under Section 19(b)(1) of the Securities Exchange Act of 1934 relating to amendments to certain rules applicable to stock futures. Publication in the Federal Register is expected during the week of July 23. (Rel. 34-67459)
Proposed Rule Change
NYSE Arca, Inc. filed with the Securities and Exchange Commission a proposed rule change under Rule 19b-4 (SR-NYSEARCA-2012-69) amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services. Publication in the Federal Register is expected during the week of July 23. (Rel. 34-67461)
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 AMPERICO CORP, 42 ROCKWOOD CRESCENT, THORNHILL, A6, L4J 7T2, 1-416-476-3777 - 1,480,000 ($44,400.00) Equity, (File 333-182728 - Jul. 18) (BR. 11) S-1 LIQUIDMETAL TECHNOLOGIES INC, 30452 ESPERANZA, RANCHO SANTA MARGARITA, CA, 92688, 800-511-3651 - 79,261,370 ($28,800,003.00) Equity, (File 333-182729 - Jul. 18) (BR. 06B) S-8 MECHANICAL TECHNOLOGY INC, 325 WASHINGTON AVENUE EXTENSION, ALBANY, NY, 12205, 518-218-2500 - 600,000 ($174,000.00) Equity, (File 333-182730 - Jul. 18) (BR. 10B) S-8 eFuture Information Technology Inc., 8/F TOPNEW TOWER 2, 15 GUANGHUA ROAD, CHAOYANG DISTRICT, BEIJING, F4, 100026, 861051650988 - 393,745 ($1,870,289.00) Equity, (File 333-182733 - Jul. 18) (BR. 03B) S-8 MATERIAL SCIENCES CORP, 2200 E. PRATT BLVD., ELK GROVE VILLAGE, IL, 60007, 8474399800 - 0 ($8,160,000.00) Equity, (File 333-182734 - Jul. 18) (BR. 06A) S-8 HDS INTERNATIONAL CORP., 10 DORRANCE STREET, PROVIDENCE, RI, 02903, (401) 400-0028 - 30,000,000 ($1,500,000.00) Equity, (File 333-182735 - Jul. 18) (BR. 03B) S-1 DIRECT LED, INC, 231 W 39TH STREET, SUITE 726, NEW YORK, NY, 10018, 201-289-0991 - 585,824 ($146,456.00) Equity, (File 333-182737 - Jul. 18) (BR. 11) S-1 weRvaluecoupons.com Inc., 4790 CAUGHLIN PKWY, STE 387, RENO, NV, 89519, 775-232-1950 - 500,000 ($25,000.00) Equity, (File 333-182738 - Jul. 18) (BR. ) S-1 DCB FINANCIAL CORP, 110 RIVERBEND AVE., LEWIS CENTER, OH, 43035, 740-657-7000 - 0 ($4,969,636.20) Equity, (File 333-182739 - Jul. 18) (BR. 07B) S-3 MEDGENICS, INC., TERADION BUSINESS PK., P.O. BOX 14, MISGAV, L3, 20179, 1-646-239-1690 - 6,800,536 ($89,971,091.28) Equity, (File 333-182740 - Jul. 18) (BR. 01B) S-8 CME GROUP INC., 20 S. WACKER DR., CHICAGO, IL, 60606, 3129303011 - 0 ($15,530,475.00) Equity, (File 333-182741 - Jul. 18) (BR. 08C)
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 8X8 INC /DE/ DE 2.02,9.01 07/18/12 AAR CORP DE 2.02,9.01 07/18/12 ABBOTT LABORATORIES IL 2.02,9.01 07/18/12 Acadia Healthcare Company, Inc. DE 5.02,9.01 07/17/12 ACE MARKETING & PROMOTIONS INC NY 3.02,7.01,8.01,9.01 07/11/12 ACNB CORP PA 8.01,9.01 07/17/12 ADA-ES INC CO 7.01,9.01 07/18/12 ADVANCED MEDICAL ISOTOPE Corp DE 1.01,2.03,3.02,9.01 07/13/12 AGENUS INC DE 7.01,9.01 07/18/12 AIR METHODS CORP DE 2.02,9.01 07/18/12 ALIMERA SCIENCES INC DE 1.01,7.01,9.01 07/16/12 Ally Financial Inc. DE 8.01,9.01 07/18/12 AMAG PHARMACEUTICALS INC. DE 7.01,9.01 07/18/12 AMERICAN AIRLINES INC DE 2.02,9.01 07/18/12 AMERICAN EXPRESS CO NY 2.02,7.01 07/18/12 AMERICAN INTERNATIONAL VENTURES INC / DE 1.01 07/18/12 AMERICAN INTERNATIONAL VENTURES INC / DE 1.01 07/18/12 AMEND AMERICAN NATIONAL BANKSHARES INC VA 8.01,9.01 07/18/12 AMERICAN REALTY CAPITAL NEW YORK RECO MD 2.01,9.01 03/31/12 AMEND American Realty Capital Trust, Inc. DE 5.02,8.01,9.01 07/12/12 AMEND AMERICANWEST BANCORPORATION WA 7.01,9.01 07/13/12 AMPAL-AMERICAN ISRAEL CORP NY 7.01,8.01,9.01 07/18/12 AMPHENOL CORP /DE/ DE 2.02,9.01 07/18/12 AMR CORP DE 2.02,9.01 07/18/12 AmREIT, Inc. MD 2.02 07/16/12 Apartment Trust of America, Inc. 7.01,9.01 07/17/12 APEX 4 Inc. DE 5.02 07/17/12 ARBITRON INC DE 7.01,9.01 07/18/12 BANK OF AMERICA CORP /DE/ DE 2.02,7.01,9.01 07/18/12 Bank of New York Mellon CORP DE 2.02,9.01 07/18/12 BB&T CORP NC 8.01 07/18/12 Beacon Federal Bancorp, Inc. MD 1.01,8.01,9.01 07/12/12 BEACON ROOFING SUPPLY INC DE 5.02 07/17/12 BION ENVIRONMENTAL TECHNOLOGIES INC CO 7.01,9.01 07/16/12 BJs RESTAURANTS INC CA 8.01,9.01 07/18/12 BLACKBAUD INC 9.01 05/04/12 AMEND BlackRock Inc. DE 2.02,9.01 07/18/12 BNC BANCORP NC 5.07 07/17/12 BOLDFACE GROUP, INC. NV 1.01,2.01,3.02,5.01, 07/12/12 5.02,5.03,5.06,9.01 BOOKS A MILLION INC DE 8.01,9.01 07/17/12 Boomerang Systems, Inc. DE 1.01,2.03,3.02,9.01 07/13/12 BOSTON PRIVATE FINANCIAL HOLDINGS INC MA 2.02,9.01 07/18/12 Brekford Corp. DE 1.01,2.03,9.01 07/12/12 BROADCAST INTERNATIONAL INC UT 1.01,2.03,3.02,5.02, 07/13/12 9.01 BROADWAY FINANCIAL CORP \DE\ DE 5.02,8.01,9.01 07/09/12 Cal Dive International, Inc. DE 1.01,2.03,3.02,8.01, 07/12/12 9.01 CAMDEN NATIONAL CORP ME 8.01,9.01 07/18/12 CAPITAL ONE FINANCIAL CORP DE 2.02,9.01 07/18/12 CAPITAL ONE FINANCIAL CORP DE 2.02,7.01,8.01,9.01 07/18/12 Carroll Bancorp, Inc. MD 2.02,9.01 07/17/12 CASUAL MALE RETAIL GROUP INC DE 8.01 07/17/12 CENTRAL VALLEY COMMUNITY BANCORP CA 2.02,9.01 07/18/12 CHEMBIO DIAGNOSTICS, INC. NV 7.01,9.01 07/18/12 China Armco Metals, Inc. NV 5.02,5.07,8.01,9.01 07/13/12 China Auto Logistics Inc NV 5.02,9.01 07/17/12 CHINA NEW MEDIA CORP DE 5.03,9.01 07/17/12 Circle Entertainment, Inc. DE 1.01,9.01 07/12/12 CLEAN HARBORS INC MA 1.01,8.01,9.01 07/17/12 CODORUS VALLEY BANCORP INC PA 2.02,9.01 07/18/12 COHEN & STEERS INC DE 2.02,9.01 07/18/12 CommonWealth REIT MD 8.01,9.01 07/12/12 COMMUNITY HEALTH SYSTEMS INC DE 1.01,2.03,8.01,9.01 07/18/12 COMMUNITY TRUST BANCORP INC /KY/ KY 2.02,7.01,9.01 06/30/12 Conmed Healthcare Management, Inc. DE 1.01,5.02,8.01,9.01 07/16/12 CORE LABORATORIES N V P7 2.02,9.01 07/18/12 COVANTA HOLDING CORP DE 2.02,7.01,9.01 07/18/12 CROWN CRAFTS INC DE 8.01,9.01 07/17/12 CROWN HOLDINGS INC PA 2.02,9.01 07/18/12 CRYO CELL INTERNATIONAL INC DE 2.02,9.01 07/17/12 Cullman Bancorp, Inc. X1 8.01 07/17/12 Curry Gold Corp 5.02,5.03,5.07,9.01 07/17/12 CYS Investments, Inc. MD 2.02,9.01 07/18/12 DAEGIS INC. DE 2.02,9.01 07/17/12 DCP Holding CO OH 8.01,9.01 07/18/12 DERMA SCIENCES, INC. PA 1.01 07/12/12 DIAMOND OFFSHORE DRILLING INC DE 7.01,9.01 07/18/12 DIGITAL ALLY INC 5.02 07/13/12 DOVER Corp DE 2.02,9.01 07/18/12 DUNKIN' BRANDS GROUP, INC. DE 7.01,9.01 07/18/12 EAGLE FINANCIAL SERVICES INC VA 8.01,9.01 07/18/12 EAST WEST BANCORP INC 2.02,9.01 07/18/12 EBAY INC DE 2.02,9.01 07/18/12 El Paso Pipeline Partners, L.P. DE 2.02,9.01 07/18/12 EMC CORP MA 2.02,5.02,9.01 07/17/12 Energy Transfer Equity, L.P. DE 5.02 07/17/12 ESSA Bancorp, Inc. PA 8.01,9.01 07/17/12 EXPONENT INC DE 2.02,9.01 07/18/12 F5 NETWORKS INC WA 2.02,9.01 07/18/12 FAIRPOINT COMMUNICATIONS INC DE 8.01,9.01 07/18/12 FARMERS CAPITAL BANK CORP KY 1.02 07/18/12 FBR & Co. VA 2.02,9.01 07/17/12 FiberTower CORP DE 1.03,2.04,7.01,9.01 07/17/12 First Bancorp, Inc /ME/ ME 2.02 07/18/12 FIRST CASH FINANCIAL SERVICES INC DE 2.02,9.01 07/18/12 FISERV INC WI 5.02 07/13/12 FOREST CITY ENTERPRISES INC OH 8.01,9.01 07/18/12 FOREST LABORATORIES INC DE 2.02,9.01 07/17/12 GAMETECH INTERNATIONAL INC DE 5.02 07/13/12 GARDNER DENVER INC DE 2.02,5.02,7.01,9.01 07/13/12 GE Dealer Floorplan Master Note Trust DE 1.01,9.01 07/17/12 GEORESOURCES INC CO 8.01,9.01 07/16/12 GERON CORP DE 8.01 07/16/12 GERON CORP DE 1.01,9.01 07/12/12 GLOBAL PAYMENTS INC GA 5.02 07/16/12 GLOBE SPECIALTY METALS INC 7.01,9.01 07/18/12 GRAINGER W W INC IL 2.02,9.01 07/18/12 Grand Canyon Education, Inc. DE 5.02 07/16/12 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 07/13/12 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 06/30/12 GREEN & QUALITY HOME LIFE, INC. NV 8.01 07/18/12 GUIDED THERAPEUTICS INC DE 7.01,9.01 07/18/12 GUITAR CENTER HOLDINGS, INC. DE 5.02 07/13/12 HALCON RESOURCES CORP DE 8.01,9.01 07/16/12 HEALTH ENHANCEMENT PRODUCTS INC NV 8.01,9.01 07/18/12 HEARTLAND FINANCIAL USA INC DE 7.01,9.01 07/18/12 HENRY JACK & ASSOCIATES INC DE 5.02,9.01 07/18/12 HERCULES OFFSHORE, INC. DE 7.01,9.01 07/18/12 Homeland Security Capital CORP DE 5.07 07/17/12 HONEYWELL INTERNATIONAL INC DE 2.02,9.01 07/18/12 Horizon Lines, Inc. 1.01,8.01,9.01 07/13/12 HOVNANIAN ENTERPRISES INC DE 3.02 07/12/12 Ignite Restaurant Group, Inc. 2.02,4.02,8.01,9.01 07/18/12 IMPAX LABORATORIES INC DE 5.02,9.01 07/17/12 INDEPENDENT BANK CORP MA 9.01 05/15/12 AMEND INKSURE TECHNOLOGIES INC. DE 5.02 07/18/12 INLAND REAL ESTATE CORP MD 8.01,9.01 07/17/12 INPHI Corp DE 5.02 07/12/12 INTEL CORP DE 2.02 07/17/12 Internal Fixation Systems, Inc. FL 3.02,5.02,5.03 07/17/12 INTERNATIONAL BUSINESS MACHINES CORP NY 2.02 07/18/12 INTERNATIONAL FUEL TECHNOLOGY INC NV 8.01 07/16/12 International Gold Corp. NV 8.01,9.01 07/15/12 Intervia Inc. 1.01,9.01 07/16/12 IRONWOOD PHARMACEUTICALS INC 2.02,9.01 07/17/12 KIMCO REALTY CORP MD 1.01,9.01 07/16/12 KINDER MORGAN ENERGY PARTNERS L P DE 2.02,9.01 07/18/12 KINDER MORGAN, INC. DE 2.02,9.01 07/18/12 Kips Bay Medical, Inc. DE 8.01,9.01 07/18/12 KNIGHT CAPITAL GROUP, INC. DE 2.02,7.01,9.01 07/18/12 KNOLOGY INC DE 1.02,2.01,3.01,3.03, 07/17/12 5.01,5.02,5.03,9.01 KRAFT FOODS INC VA 1.01,2.03,5.02,9.01 07/12/12 LANDMARK BANCORP INC DE 7.01,9.01 07/18/12 LANNETT CO INC DE 8.01,9.01 07/16/12 LaSalle Hotel Properties MD 2.02,9.01 07/18/12 LBI MEDIA HOLDINGS INC 7.01,9.01 07/17/12 LCNB CORP OH 2.02,8.01,9.01 06/30/12 LEE ENTERPRISES, INC DE 2.02,9.01 07/17/12 LIONS GATE ENTERTAINMENT CORP /CN/ A1 8.01 07/17/12 MAGNUM HUNTER RESOURCES CORP DE 8.01 07/18/12 Main Street Capital CORP MD 1.01,2.03,8.01,9.01 07/17/12 MANAGEMENT NETWORK GROUP INC 9.01 06/07/12 AMEND MARCUS CORP WI 8.01,9.01 07/18/12 MARTEN TRANSPORT LTD DE 2.02,9.01 07/17/12 MB FINANCIAL INC /MD 2.02,9.01 07/17/12 MEADE INSTRUMENTS CORP DE 5.02,5.07,9.01 07/12/12 MECHANICAL TECHNOLOGY INC NY 5.02 07/12/12 MEDIA GENERAL INC VA 2.02,9.01 06/18/12 MEDISWIPE INC. DE 4.01 07/18/12 AMEND MEDIVATION, INC. DE 5.02,5.07,9.01 07/13/12 Mellanox Technologies, Ltd. L3 2.02,9.01 07/18/12 MICROCHIP TECHNOLOGY INC DE 8.01 07/18/12 MIDAMERICAN ENERGY CO IA 8.01 07/18/12 MidWestOne Financial Group, Inc. IA 8.01,9.01 07/17/12 MModal Inc. DE 5.02 07/02/12 MONMOUTH REAL ESTATE INVESTMENT CORP MD 7.01,9.01 07/18/12 MOSAIC CO 2.02,9.01 07/17/12 MS STRUCTURED TILES SERIES 2005-1 DE 8.01 07/16/12 MusclePharm Corp NV 5.02 07/12/12 NANOSPHERE INC DE 7.01,9.01 07/18/12 NATURALLY ADVANCED TECHNOLOGIES INC A1 8.01,9.01 07/18/12 NETWORK ENGINES INC DE 2.03 07/12/12 NEWS CORP 8.01,9.01 07/18/12 Noble Corp / Switzerland V8 2.02,9.01 07/18/12 NORTH STATE BANCORP NC 2.02,9.01 07/18/12 Northern Tier Energy LLC DE 1.01,2.03,9.01 07/17/12 NORTHERN TRUST CORP DE 2.02,9.01 07/18/12 NORTHERN TRUST CORP DE 8.01,9.01 07/17/12 NVE CORP /NEW/ MN 2.02 07/18/12 OAKRIDGE INTERNATIONAL CORP NV 5.02 07/18/12 OCLARO, INC. DE 5.07,8.01,9.01 07/17/12 ODYSSEY MARINE EXPLORATION INC NV 1.01,2.02,2.03,8.01, 07/17/12 9.01 OGLETHORPE POWER CORP GA 5.02,9.01 07/17/12 OLD STONE CORP RI 1.03,9.01 07/16/12 OLIN CORP VA 1.01,8.01,9.01 07/17/12 ONLINE DISRUPTIVE TECHNOLOGIES, INC. NV 1.01,3.02,9.01 07/10/12 OPTICAL CABLE CORP VA 8.01,9.01 07/16/12 ORRSTOWN FINANCIAL SERVICES INC PA 8.01 07/18/12 PACIFIC CONTINENTAL CORP OR 2.02,9.01 07/18/12 PAN AMERICAN GOLDFIELDS LTD DE 1.01,3.02,5.02,9.01 07/13/12 PANTRY INC DE 2.02 07/18/12 PARKERVISION INC FL 5.02 07/16/12 Patriot Minefinders Inc. NV 7.01 06/19/12 Pebblebrook Hotel Trust MD 1.01,2.03,7.01,9.01 07/18/12 PENN VIRGINIA CORP VA 1.01,7.01,9.01 07/16/12 PENNS WOODS BANCORP INC PA 2.02,9.01 07/18/12 Peoples Federal Bancshares, Inc. 8.01,9.01 07/17/12 PERMA FIX ENVIRONMENTAL SERVICES INC DE 5.02,8.01,9.01 07/12/12 PINNACLE FINANCIAL PARTNERS INC TN 2.02,9.01 07/17/12 PIONEER DRILLING CO TX 8.01,9.01 07/18/12 PIONEER NATURAL RESOURCES CO DE 2.02 07/18/12 PLATINUM UNDERWRITERS HOLDINGS LTD D0 2.02,9.01 07/18/12 PLEXUS CORP WI 2.02 07/18/12 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 07/18/12 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 07/18/12 POPULAR INC 7.01,9.01 07/18/12 POPULAR INC 2.02,9.01 07/18/12 PRINCIPAL FINANCIAL GROUP INC DE 7.01 07/18/12 PROASSURANCE CORP DE 7.01,9.01 07/18/12 PROCTER & GAMBLE Co OH 7.01 07/18/12 Protalix BioTherapeutics, Inc. FL 5.02,5.03,9.01 07/15/12 pSivida Corp. DE 8.01,9.01 07/18/12 Puramed Bioscience Inc. MN 1.01,3.02,9.01 07/17/12 Puramed Bioscience Inc. MN 1.01,2.03,9.01 07/17/12 Quadrant 4 Systems Corp FL 2.02,7.01,9.01 07/13/12 QUALCOMM INC/DE DE 2.02,9.01 07/18/12 QUICK-MED TECHNOLOGIES INC 1.01 07/18/12 RADIO ONE, INC. DE 3.01 07/13/12 REPUBLIC BANCORP INC /KY/ KY 7.01,9.01 07/18/12 RIMAGE CORP MN 2.02,9.01 07/18/12 RLI CORP IL 2.02,9.01 07/18/12 Rosetta Resources Inc. DE 7.01,9.01 07/18/12 S Y BANCORP INC KY 2.02,9.01 07/18/12 S&W Seed Co NV 1.01,9.01 07/12/12 SAIC, Inc. 8.01,9.01 07/17/12 SEI INVESTMENTS CO PA 2.02,9.01 07/18/12 SELECT COMFORT CORP MN 2.02,9.01 07/18/12 Select Income REIT MD 1.01,2.03,9.01 07/12/12 SIGMA DESIGNS INC CA 9.01 05/04/12 AMEND Silver Falcon Mining, Inc. DE 8.01 07/18/12 Silver Falcon Mining, Inc. DE 1.01,2.03,9.01 07/18/12 SKYWORKS SOLUTIONS, INC. DE 2.02,9.01 07/18/12 SLM CORP DE 2.02,9.01 07/18/12 SMG Indium Resources Ltd. DE 8.01 07/16/12 SMITH A O CORP DE 2.02,9.01 07/18/12 SMITHFIELD FOODS INC VA 8.01,9.01 07/18/12 Solar Power, Inc. CA 1.01,2.01,9.01 06/08/12 AMEND Southern Trust Securities Holding Cor FL 5.02 06/09/12 SOUTHWEST BANCORP INC OK 2.02,7.01,9.01 07/18/12 SPORT CHALET INC DE 3.01 07/18/12 ST JUDE MEDICAL INC MN 2.02,9.01 07/18/12 STANCORP FINANCIAL GROUP INC OR 2.02,9.01 07/18/12 STANLEY BLACK & DECKER, INC. CT 1.01,2.03,9.01 07/13/12 STANLEY BLACK & DECKER, INC. CT 2.02,9.01 07/18/12 STEMCELLS INC DE 8.01,9.01 07/17/12 STRUCTURED PRODUCTS CORP CORTS TR FOR DE 8.01 02/16/12 STRYKER CORP MI 2.02,9.01 07/18/12 SUBURBAN PROPANE PARTNERS LP DE 7.01,8.01,9.01 07/18/12 SUPERVALU INC DE 5.02,5.03,5.07,9.01 07/16/12 Synthetic Biologics, Inc. NV 5.08 07/18/12 Talon Therapeutics, Inc. DE 1.01,8.01 07/12/12 Targeted Medical Pharma, Inc. 7.01,9.01 07/17/12 TAYLOR CAPITAL GROUP INC DE 7.01,9.01 07/18/12 TAYLOR CAPITAL GROUP INC DE 2.02,9.01 07/18/12 TAYLOR CAPITAL GROUP INC DE 1.01,9.01 07/18/12 TEGAL CORP /DE/ DE 1.01,2.01,5.02,9.01 07/12/12 TEREX CORP DE 8.01,9.01 07/18/12 THERMO FISHER SCIENTIFIC INC. DE 1.01,9.01 07/15/12 TIDEWATER INC DE 8.01,9.01 07/12/12 Tornier N.V. P7 2.02,5.02,9.01 07/17/12 Two Harbors Investment Corp. 1.01,8.01,9.01 07/13/12 UNI CORE HOLDINGS CORP UT 4.01,9.01 06/28/12 AMEND UNITED BANCORP INC /MI/ MI 8.01,9.01 07/18/12 United Continental Holdings, Inc. DE 1.01 07/12/12 UNITED RENTALS INC /DE DE 2.02,7.01,9.01 07/17/12 UNWALL INTERNATIONAL INC NV 5.02 07/05/12 US BANCORP \DE\ DE 2.02,9.01 07/18/12 Varca Ventures, Inc. NV 1.01,3.02,5.02,9.01 07/18/12 VERILINK CORP DE 1.01,9.01 07/17/12 VERIZON COMMUNICATIONS INC DE 8.01,9.01 07/18/12 VIVUS INC CA 8.01,9.01 07/17/12 VMWARE, INC. DE 5.02,9.01 07/17/12 VORNADO REALTY LP DE 3.02,5.03,9.01 07/18/12 VORNADO REALTY TRUST MD 5.03,8.01,9.01 07/18/12 W P CAREY & CO LLC DE 5.02,9.01 07/17/12 WEST CORP DE 2.02,9.01 07/18/12 Western Refining, Inc. DE 7.01,8.01,9.01 07/16/12 WIKI GROUP, INC. 5.02,8.01,9.01 07/01/12 WNC CALIFORNIA HOUSING TAX CREDITS II CA 2.02,9.01 07/18/12 WNC HOUSING TAX CREDIT FUND II LP CA 2.02,9.01 07/18/12 WNC HOUSING TAX CREDIT FUND IV L P SE CA 2.02,9.01 07/18/12 WNC HOUSING TAX CREDIT FUND V LP SERI CA 2.02,9.01 07/18/12 WORLD FUEL SERVICES CORP FL 7.01,9.01 07/18/12 WORLD OMNI AUTO RECEIVABLES LLC DE 8.01,9.01 07/18/12 XILINX INC DE 2.02,9.01 07/18/12 XODTEC LED, INC. NV 1.01,2.01,5.01,5.07, 07/13/12 9.01 ZHONE TECHNOLOGIES INC DE 2.02,9.01 07/18/12