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

SEC News Digest

Issue 2012-244
December 21, 2012

commission Announcements

SEC Suspends Trading in New Generation Biofuels Holdings, Inc.

The Securities and Exchange Commission (Commission) announced the temporary suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 (the “Exchange Act”), of trading in the securities of New Generation Biofuels Holdings, Inc. (“New Generation”), of Columbia, Maryland at 9:30 a.m. on December 21, 2012, and terminating at 11:59 p.m. on January 7, 2013.

The Commission temporarily suspended trading in the securities of New Generation because of questions that have been raised about the accuracy and adequacy of publicly disseminated information about New Generation and because it has not filed any periodic reports since the period ended June 30, 2011.

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 the company.

Further, brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the Exchange Act, at the termination of the trading suspension, no quotation may be entered unless and until they have strictly complied with all of the provisions of the rule. If any broker or dealer has any questions as to whether or not he has complied with the rule, he should not enter any quotation but immediately contact the staff in the Division of Trading and Markets, Office of Interpretation and Guidance, at (202) 551-5777. If any broker or dealer is uncertain as to what is required by Rule 15c2-11, he should refrain from entering quotations relating to New Generation’s securities until such time as he has familiarized himself with the rule and is certain that all of its provisions have been met. 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 contact Elisha L. Frank, Assistant Regional Director, Miami Regional Office, of the Securities and Exchange Commission should be telephoned at (305) 982-6392. (Rel. 34-68507)

SEC Announces Agenda for Roundtable on Decimalization

The Securities and Exchange Commission today announced the agenda for its upcoming staff roundtable that will evaluate the impact of tick sizes on the securities markets. 

The roundtable, announced earlier this month, will take place on February 5 in Washington D.C.  Panelists will be finalized and announced at a later date.

The roundtable will be divided into three panels.

Participants on the first panel will address the impact of tick sizes on small and mid-sized companies, the economic consequences (including costs and benefits) of increasing or decreasing minimum tick sizes, and whether other policy alternatives might better address concerns related to Section 106(b) of the JOBS Act.

Participants on the second panel will address the impact of tick sizes on the securities market in general, including what benefits may have been achieved and what, if any, negative effects have resulted. 

Participants on the third panel will address potential methods for analysis of the issues, including whether and how to conduct a pilot for alternative minimum tick sizes.  SEC staff is particularly interested in hearing what types of data that market participants should provide for use in assessing the effects of an increase or variation in minimum tick sizes for companies of different capitalizations.

The SEC staff welcomes feedback regarding any of the topics to be addressed at the roundtable. Information that is submitted will become part of the public record of the roundtable.

Information may be submitted to the Commission using the following methods:

Electronic submissions:

Paper submissions:

  • Send paper submissions in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number 4-657.  This file number should be included on the subject line if e-mail is used.  To help process and review submissions more efficiently, please use only one method. The SEC will post all submissions at www.sec.gov.

Please note that all submissions received will be posted without change.  The SEC does not edit personal identifying information from submissions. Only information desired to be shared publicly should be submitted. (Press Rel. 2012-274)

Paul Beswick Named SEC Chief Accountant

Securities and Exchange Commission Chairman Elisse Walter today announced the appointment of Paul A. Beswick as the agency’s Chief Accountant.  Mr. Beswick has been serving as Acting Chief Accountant for the past several months. 

“Paul has served the Commission with great distinction and provided wise counsel on difficult accounting questions,” said SEC Chairman Elisse Walter.  “Investors and the accounting profession will benefit with Paul as the Chief Accountant.”

The SEC’s Office of the Chief Accountant is responsible for establishing and enforcing accounting and auditing policy to enhance the transparency and relevancy of financial reporting, and for improving the professional performance of public company auditors in order to ensure that financial statements used for investment decisions are presented fairly and have credibility. 

Mr. Beswick joined the SEC staff in September 2007 has held several positions in the Office of the Chief Accountant.  Prior to assuming the role of Acting Chief Accountant, Mr. Beswick served as Deputy Chief Accountant and was responsible for the day-to-day operations of the office’s accounting group, including resolution of accounting practice issues, rulemaking, and oversight of private sector standard-setting efforts.

Mr. Beswick also served as staff director of a multi-year effort to help the Commission evaluate the implications of incorporating International Financial Reporting Standards (IFRS) into the financial reporting system for U.S. companies. The effort began in February 2010 and a final staff report was published earlier this year.

Mr. Beswick replaces James L. Kroeker, who left the SEC in July 2012 to return to the private sector.

Prior to joining the SEC staff, Mr. Beswick was a Partner with Ernst & Young LLP, where he worked in the firm's Professional Practice and Risk Management Group.  He also served as a Practice Fellow at the Financial Accounting Standards Board, where he assisted in the development of accounting guidance related to evolving accounting issues.

Mr. Beswick is a graduate of Miami University in Oxford, Ohio. (Press Rel. 2012-275)

SEC Approves New Rules Regarding Lost Holders of Securities

The Securities and Exchange Commission today unanimously approved new rules requiring broker-dealers to conduct searches for holders of securities with whom they have lost contact. 

A similar rule already applied to recordkeeping transfer agents, who are the intermediaries between the clearing house and the broker-dealer.  The Dodd-Frank Wall Street Reform and Consumer Protection Act tasked the SEC with extending the application of this rule to broker dealers so that broker-dealers have the same obligation.

The new rules also require broker-dealers and other securities market participants to provide notifications to persons who have not processed checks that they have received in connection with their securities holdings. 

“For the first time, broker-dealers will have a duty to reach out and find those they have lost touch with.   It’s a straightforward rule with a common-sense objective,” said SEC Chairman Elisse Walter.  “Among other things, it will make it more likely that investors will get the money that they may not have realized is owed to them.”

Specifically, the new rules:

  • Require broker-dealers to conduct certain searches for lost holders of securities that transfer agents currently are required to conduct.
     
  • Require “paying agents” – including certain issuers, broker-dealers, transfer agents, and other entities – to notify certain persons – termed “missing securityholders” in the statute and “unresponsive payees” in the adopted rules – in writing that the paying agent has sent the person a check that has not yet been negotiated.
     
  • Excludes paying agents from their notification requirement when the value of the not yet negotiated check is less than $25.
     
  • Add a provision clarifying that the notification requirement for paying agents shall have no effect on a state’s ability to collect funds that it deems abandoned under so-called state escheatment laws.
     
  • Add a conforming technical rule to help ensure that broker-dealers have notice of their new obligations regarding lost holders of securities and unresponsive payees.

The original rule – Rule 17Ad-17 – required only recordkeeping transfer agents to exercise reasonable care to ascertain the correct addresses of “lost securityholders” and conduct certain database searches for them.  This loss of contact can be harmful to holders of securities because they no longer receive corporate communications or the interest and dividend payments to which they may be entitled.  In addition, the securities and any related interest and dividend payments to which the holders of securities may be entitled are often placed at risk of being deemed abandoned under operation of state escheatment laws. 

The amendments will become effective 60 days after the date of publication of the release in the Federal Register.  The compliance date will be one year after the date of publication of the release in the Federal Register. (Press Rel. 2012-277)

Enforcement Proceedings

In the Matter of The New America High Income Fund, Inc.; Robert F. Birch; and Ellen E. Terry

On December 20, 2012, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (Order) against The New America High Income Fund, Inc. (New America), a registered closed-end fund located in Boston, Massachusetts; Robert F. Birch, a Director and the President of New America; and Ellen E. Terry, New America’s Vice President, Treasurer, Secretary, and Chief Compliance Officer.

The Order finds that in January 2008, during the auction rate securities (ARS) market crisis, New America, acting through Birch and Terry, repurchased $15 million of its preferred stock, an ARS called Auction Term Preferred Stock (ATP), to avoid a failed auction. New America made the repurchase from Lehman Brothers Inc. (Lehman), which at the time was the exclusive broker-dealer and the holder of a majority of New America’s ATP, with the understanding that Lehman would place a support bid in a future auction to prevent it from failing. Although the repurchase also was intended to preserve liquidity, it was inconsistent with the ATP terms and conditions, which prohibited New America from submitting an order or otherwise acquiring ATP in an auction. The repurchase also unfairly discriminated against other ATP holders, and was contrary to New America’s prior statements in shareholder reports that it would redeem or repurchase ATP to the extent necessary to maintain applicable asset coverage requirements. The repurchase was not intended to maintain asset coverage requirements; it was designed to avoid a failed auction, and this purpose was not adequately disclosed in New America’s shareholder reports, which were certified and filed with the Commission by Birch and Terry.

The Order also finds that in September 2008, when Lehman became subject to liquidation and resigned as an ATP broker-dealer, New America, acting through Birch and Terry, improperly lowered the dividend rate on the majority of its ATP by 70% from the Maximum Applicable Rate to the Minimum Applicable Rate based on a rationale that was inconsistent with the ATP terms and conditions. This reduction of the dividend rate resulted in an underpayment of dividends from September 2008 to December 2010 in the amount of $410,594.08. Like the ATP repurchase, this action also was not adequately disclosed in New America’s shareholder reports filed with the Commission.

Without admitting or denying the Commission’s findings, New America, Birch, and Terry consented to the entry of an order requiring them to cease and desist from committing or causing any violations and any future violations of Sections 23(c) and 34(b) of the Investment Company Act and Rule 23c-1 thereunder. New America also was ordered to pay $410,594.08 in disgorgement and $2,805.49 in prejudgment interest, but the payment was deemed satisfied by New America’s payment of a Supplemental Dividend of $413,399.57 to affected ATP shareholders as of December 2010. Birch and Terry also were ordered to pay a civil money penalty of $10,000 each. (Rel. IC-30313; File No. 3-15146)

In the Matter of Steven B. Hart

On December 20, 2012, Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Steven B. Hart (Hart), a fund manager for his own investment fund, Octagon Capital Partners, LP, and a portfolio manager at a New Jersey-based unregistered adviser. The Commission’s Order bars Hart from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.

Hart consented to the Commission’s Order based upon the entry of a Final Judgment entered against him on December 13, 2012 by the U.S. District Court for the Southern District of New York in Securities and Exchange Commission v. Steven B. Hart, 12-CV-8986 (JPO). The Commission’s complaint against Hart alleged violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Advisers Act. Without admitting or denying the allegations of the complaint, Hart consented to the entry of a judgment enjoining him from future violations of the respective provisions of the Securities Act, Exchange Act, and Advisers Act. Hart also agreed to pay $831,071 in disgorgement and $103,424 in prejudgment interest, and a civil penalty of $394,733.

According to the SEC’s complaint, Hart conducted two illegal trading schemes from 2007 to 2011. The Commission’s complaint alleged that Hart directed over thirty matched trades between Octagon and his employer’s investment fund that illegally benefitted Octagon. The complaint further alleged that, after being confidentially solicited to invest in numerous securities offerings, and despite expressly agreeing to keep the information he received confidential and to not trade on it, Hart nevertheless traded the securities of nineteen issuers conducting twenty separate offerings, including PIPEs, registered direct offerings, and confidentially marketed public offerings, on behalf of Octagon while in possession of material nonpublic information concerning the offerings. In addition, the complaint alleged that, on two occasions, Hart signed securities purchase agreements falsely representing that, after being solicited, Octagon had not traded the issuers’ securities in the days leading up to the public announcement of the transactions. (LR-22567)

Hart consented to the issuance of the Order without admitting or denying the findings except he admitted the entry of the injunction. (Rel. IA-3524; File No. 3-15150)

Commission Dismisses Asensio & Company, Inc.'s Application for Review

The Commission has dismissed the application of Asensio & Company, Inc., a Delaware corporation based in New York, NY, for Commission review of FINRA's denial of the firm's application for FINRA membership. The firm's sole officer, Manuel P. Asensio, is subject to a statutory disqualification as a result of a 2006 FINRA decision that barred him from associating with any FINRA member in any capacity. FINRA denied the firm's application on the basis that the firm had failed to demonstrate that: (i) it was capable of complying with the federal securities laws, the rules and regulations thereunder, and FINRA Rules, as required by NASD Rule 1014(a)(3); (ii) it has a supervisory system designed to prevent and detect violations of the federal securities laws, the rules and regulations thereunder, and FINRA Rules, as required by FINRA Rule 1014(a)(10); and (iii) it and its associated persons had all required licenses and registrations, as required by NASD Rule 1014(a)(2). In dismissing the firm's application for review, the Commission found that: (i) the specific grounds on which FINRA based its denial of the firm's membership application exist in fact; (ii) FINRA's action was in accordance with its rules; and (iii) FINRA's rules are, and were applied in a manner, consistent with the purposes of the Exchange Act. (Rel. 34-68505; File No. 3-14711)

Commission Orders Hearing on Registration Suspension or Revocation Against New Generation Biofuels Holdings, Inc. for Failure to Make Required Periodic Filings

In conjunction with this trading suspension, the Commission announced the issuance of an Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Exchange Act (Order) against New Generation (Respondent). The Order alleges that the Respondent is delinquent in its periodic filings with the Commission in violation of Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder, having not filed any periodic reports since it filed a Form 10-Q for the period ended June 30, 2011.

A hearing will be held by an Administrative Law Judge to determine whether the allegations contained in the Order are true, to afford the Respondent an opportunity to establish any defenses to such allegations, and to determine whether it is necessary or appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities of the Respondent registered pursuant to Section 12 of the Securities Exchange Act of 1934. The Order requires the Administrative Law Judge to issue an initial decision no later than 120 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice.

If any broker, dealer or other person has any information which may relate to this matter, they should immediately contact Elisha L. Frank, Assistant Regional Director, Miami Regional Office, of the Securities and Exchange Commission should be telephoned at (305) 982-6392. (Rel. 34-68508; File No. 3-15151)

In the Matter of James S. Ward, Edward G. Locker, Richard F. Tipton, and David C. Lin

The Securities and Exchange Commission (SEC) today issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940 and Notice of Hearing (Order) against four former officers of Mountain View, Calif.-based JSW Financial Inc. in connection with two Silicon Valley real estate investment funds. The administrative proceedings are based on the recent entry of judgments against each of the officers in separate criminal proceedings. The officers named in the Order are James S. Ward and Edward G. Locker (both of Ohio) and Richard F. Tipton and David C. Lin (both of Silicon Valley).

A hearing will be held to determine whether the allegations in the Order are true and what administrative remedies, if any, are appropriate against the officers.

The SEC also issued today an Order of Suspension Pursuant to SEC Rule of Practice 102(e)(2) against David C. Lin, who was admitted to practice law in California at the time of the violations underlying his criminal conviction, suspending Lin from appearing or practicing before the SEC. (Rels. 34-68509; File No. 3-15152; IA-3525; File No. 3-15153)

SEC Bans Arizona-Based Investment Adviser From Securities Industry for Fraudulent Actions in Mutual Fund Collapse

The Securities and Exchange Commission today barred an Arizona-based mutual fund manager from the securities industry for failing to follow the investment objectives of a stock mutual fund managed by his firm, leading to the fund’s collapse.

An SEC investigation found that the prospectus of Z Seven Fund (ZSF) stated that it sought long-term capital appreciation and restricted the use of options. Nonetheless, beginning in September 2009, Barry C. Ziskin and his firm Top Fund Management (TFM) invested ZSF in put options for speculative purposes contrary to the fund’s stated investment policy. The losses from options trading and the ensuing investor redemptions ultimately resulted in ZSF’s liquidation in December 2010.

“ZSF investors expected the fund to pursue capital appreciation by buying stocks, but TFM and Ziskin took the fund down a very different and disastrous path,” said Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit. “Mutual fund advisers who deviate from their fund’s investment strategy and keep investors in the dark will be held accountable for their fraudulent actions.”

According to the SEC’s order instituting settled administrative proceedings against TFM and Ziskin, disclosures in ZSF’s prospectuses and statements of additional information provided that the fund could trade options only to hedge its portfolio. However, because TFM and Ziskin traded put options in such large amounts relative to the size of ZSF’s equity portfolio, their strategy amounted to speculation. For example, ZSF’s equity portfolio had a market value of $1,835,607 on July 6, 2010, but ZSF held enough option contracts to protect a portfolio worth $32,858,000 (17.9 times the value of the equity portfolio). ZSF’s options trading also caused the fund’s performance to plummet. As of October 2009, ZSF had net assets of $5.3 million, but over the next 15 months the fund suffered $3.7 million in losses from options. TFM and Ziskin misled ZSF investors by misrepresenting in a shareholder report that options trading was for hedging purposes.

The SEC’s order finds that TFM and Ziskin willfully violated the antifraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940. The order also finds that TFM and Ziskin violated Section 34(b) of the Investment Company Act of 1940 and caused ZSF to violate Section 13(a)(3) of that act. Without admitting or denying the SEC’s findings, TFM and Ziskin agreed to cease and desist from committing or causing any violations and any future violations of these provisions. They also consented to the entry of an SEC order that censures TFM and bars Ziskin from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and prohibits him from serving as an officer, director or employee of a mutual fund.

The SEC’s investigation was conducted by Payam Danialypour and C. Dabney O’Riordan, who are members of the Asset Management Unit in the SEC’s Los Angeles Regional Office. The examination of TFM was conducted by Arlana D. Williams and John K. Kreimeyer of the Los Angeles office’s investment adviser/investment company examination program. (Press Rel. 2012-276; Rel. 33-9377; File No. 3-15154)

SEC Charges Four Penny Stock Purchasers with Fraud

The Securities and Exchange Commission today charged four securities industry professionals with conducting a fraudulent penny stock scheme in which they illegally acquired more than one billion unregistered shares in microcap companies at deep discounts and then dumped them on the market for approximately $17 million in illicit profits while claiming bogus exemptions from the federal securities laws.

The SEC alleges that Danny Garber, Michael Manis, Kenneth Yellin, and Jordan Feinstein acquired shares at about 30 to 60 percent off the market price by misrepresenting to the penny stock companies that they intended to hold the shares for investment purposes rather than immediately re-selling them. Instead, they immediately sold the shares without registering them by purporting to rely on an exemption for transactions that are in compliance with certain types of state law exemptions. However, no such state law exemptions were applicable to their transactions. To create the appearance that the claimed exemption was valid, they created virtual corporate presences in Minnesota, Texas, and Delaware. The SEC also charged 12 entities that they operated in connection with the scheme.

According to the SEC’s complaint filed in federal court in Manhattan, Garber, Manis, Yellin, and Feinstein all live in the New York/New Jersey area and operated the scheme from 2007 to 2010. They each have previously worked in the securities industry either as registered representatives or providers of investment management or financial advisory services.

“These penny stock purchasers had enough securities industry experience to know that their penny stock trading was not exempt from the securities laws as they claimed,” said Andrew M. Calamari, Director of the SEC’s New York Regional Office. “They repeatedly violated the registration provisions and in the process also committed securities fraud. We will continue to fight microcap stock abuses that result in the unregistered distribution of shares without vital information about those companies being known to investors.”

The SEC’s complaint alleges that Garber, Manis, Yellin, Feinstein and the named entities violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933; Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC’s complaint seeks a final judgment, among other things, ordering all of the defendants to pay disgorgement, prejudgment interest and financial penalties; permanently enjoining all the defendants from future violations of the securities laws; and permanently enjoining all the defendants from participating in penny stock offerings.

The SEC’s investigation, which is continuing, has been conducted by Michael Paley, Laura Yeu, Elzbieta Wraga, Haimavathi Marlier, Yitzchok Klug and Paul Gizzi of the New York Regional Office. Mr. Gizzi and Ms. Marlier will lead the SEC’s litigation. (Press Rel. 2012-278)

SEC Settles Pending Civil Fraud Charges Against Three Former Executives of Enron Broadband Services

The Securities and Exchange Commission announced today that former Enron senior vice presidents Rex T. Shelby and Scott Yeager and the former chief financial officer of Enron Broadband Services (EBS) Kevin A. Howard have agreed to settle the SEC's pending civil actions against them.

The SEC charged Shelby and Yeager with securities fraud and insider trading on May 1, 2003, amending a complaint previously filed March 12, 2003, which charged Howard and Michael W. Krautz, a former senior director of accounting at EBS, with securities fraud. The SEC’s civil case was stayed by the U.S. District Court while criminal proceedings occurred against these defendants.

To settle the SEC’s action against them, Shelby agreed to pay a civil penalty of $1 million, and Yeager and Howard agreed to pay civil penalties of $110,000 and $65,000, respectively. In addition, they each consented to the entry of a final judgment enjoining them from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and permanently barring them from serving as an officer or director of a public company. Howard also agreed to be permanently enjoined from violating Section 17(a) of the Securities Act of 1933, Section 13(b)(5) of the Exchange Act and Exchange Act Rule 13b2-1, and aiding and abetting violations of Sections 13(a) and 13(b)(2)(A) and (B) of the Exchange Act and Exchange Act Rules 12b-20, 13a-1 and 13a-13. These settlement agreements are subject to court approval. Separately, Howard also consented to the entry of an Administrative Order, pursuant to Rule 102(e) of the Commission’s Rules of Practice, suspending him from appearing or practicing before the Commission as an accountant.

In the related criminal proceedings, the Department of Justice previously entered into plea agreements with Shelby and Howard on related charges. Shelby and Howard agreed to respectively forfeit $2,568,750 and $25,000 that, along with the Commission's civil penalties announced today, will contribute $3,658,750 for the benefit of injured investors through the Commission's Enron Fair Fund. Yeager was acquitted in a related criminal proceeding.

As alleged in the Commission's complaint, Shelby, Yeager and other EBS executives engaged in a fraudulent scheme to, among other things, make false or misleading statements about the technological prospects, performance, and financial condition of EBS. These statements were made at Enron's annual analyst conference and in multiple press releases during 2000. While aware of material non-public information concerning the true nature of EBS' technological and commercial condition, Shelby and Yeager sold a large amount of Enron stock at inflated prices. In another part of the scheme, Howard engaged in a sham transaction, known as “Project Braveheart,” in which Enron improperly recognized $53 million in earnings in the fourth quarter of 2000 and $58 million in earnings in the first quarter of 2001.

The Commission also announced today that it filed notices of voluntary dismissal of its case against Krautz, along with its case against Schuyler M. Tilney and Thomas W. Davis, two former Merrill Lynch executives who were charged on March 17, 2003 with aiding and abetting Enron’s securities fraud. Krautz was acquitted at trial in a related criminal proceeding.

For more information, see Litigation Release No. 18122 (May 1, 2003); Litigation Release No. 18038 (March 17, 2003). [SEC v. Rex T. Shelby, Scott Yeager, Kevin A. Howard and Michael W. Krautz, Civil Action No. H-03-0905 (S.D. Tex.); SEC v. Schuyler M. Tilney and Thomas W. Davis, Civil Action No. H-03-0946 (S.D. Tex.)] (LR-22577; AAE Rel. 3434)

SEC Charges Former Chairman of Board In Connection With A Fraudulent Plan To Evade The Beneficial Ownership Reporting Requirements

The United States Securities and Exchange Commission (Commission) filed an enforcement action against Lee S. Rosen the former Chairman of the Board of publicly traded New Generation Biofuels Holdings, Inc., alleging that he fraudulently evaded the reporting requirements concerning his ownership interest in New Generation shares held in five separate trusts in violation of the antifraud provisions and beneficial reporting provisions of the federal securities laws. According to the Commission’s complaint, at various times from June 2007 through May 2010, Rosen, directly or indirectly profited from the sale of New Generation shares held in two of the five trusts and benefited from using shares in two trusts as payment toward an ultimately unsuccessful purchase of a yacht. Further, the complaint alleges that Rosen failed to disclose these transactions and his true holdings in New Generation securities in various Commission filings and that Rosen made false and misleading statements and omissions in Commission filings regarding his true beneficial ownership of New Generation shares.

The SEC’s complaint, which was filed in the United States District Court for the Southern District of Florida, charges Rosen with violating Section 17(a) of the Securities Act of 1933, and Sections 10(b), 13(d) and 16(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 13d-1, 13d-2, 16a-3, and 16a-8 thereunder. Rosen has agreed to settle the SEC’s charges without admitting or denying the allegations. Rosen consented to a permanent injunction, and an order requiring him to pay $666,000 in disgorgement, plus $50,484 in prejudgment interest, a $195,000 civil money penalty, and barring him from serving as an officer or director. [SEC v. Lee S. Rosen (United States District Court for the Southern District of Florida, CASE NO. 9:12-cv-81395] (LR-22578)

SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by The NASDAQ Stock Market LLC to modify a Level 2 subscriber fee and related rule clarifications (SR-NASDAQ-2012-133) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 24. (Rel. 34-68493)

A proposed rule change filed by The NASDAQ Stock Market LLC relating to port fees and a participant fee (SR-NASDAQ-2012-139) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 24. (Rel. 34-68502)

Proposed Rule Changes

The Chicago Board Options Exchange, Incorporated filed a proposed rule change (SR-CBOE-2012-122), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder, related to SPX Combo Orders. Publication is expected in the Federal Register during the week of December 24. (Rel. 34-68504)

SECURITIES ACT REGISTRATIONS

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-11    Five Oaks Investment Corp., 641 LEXINGTON AVENUE, SUITE 1432, NEW YORK, 
        NY, 10022, (212) 328-9521 - 0 ($115,000,000.00) Equity, 
        (File 333-185570 - Dec. 20) (BR. 08C)

S-1     SW China Imports, Inc., 15800 CRABBS BRANCH WAY, SUITE 310, ROCKVILLE, 
        MD, 20855, 240-477-7738 - 147,500,000 ($16,225,000.00) Equity, 
        (File 333-185571 - Dec. 20) (BR. 02)

S-1     BASTA HOLDINGS, CORP., ROOM 2105, SINO LIFE TOWER, NO. 707, 
        ZHANG YANG RD. PUDONG, SHANGHAI, F4, 200120, 8618721459159 - 
        3,000,000 ($90,000.00) Equity, (File 333-185572 - Dec. 20) (BR. 06)

S-8     Macy's, Inc., 7 WEST SEVENTH STREET, CINCINNATI, OH, 45202, 
        5135797000 - 150,000 ($5,737,500.00) Equity, 
        40,000,000 ($40,000,000.00) Other, (File 333-185575 - Dec. 20) (BR. 02A)

S-3     TRANSAMERICA ADVISORS LIFE INSURANCE Co, 425 WEST CAPITAL AVENUE, 
        LITTLE ROCK, AR, 72201, 800-346-3677 - 0 ($50,000,000.00) Other, 
        (File 333-185576 - Dec. 20) (BR. 01A)

S-4     W&T OFFSHORE INC, 0 ($300,000,000.00) Non-Convertible Debt, 
        (File 333-185579 - Dec. 20) (BR. 04A)

S-1     Translation Group Inc., 702-425-3296 - 5,000,000 ($100,000.00) Equity, 
        (File 333-185580 - Dec. 20) (BR. 02)

S-8     JPMORGAN CHASE & CO, 270 PARK AVE, 38TH FL, NEW YORK, NY, 10017, 
        2122706000 - 0 ($275,640,000.00) Other, (File 333-185581 - Dec. 20) 
        (BR. 12A)

S-8     JPMORGAN CHASE & CO, 270 PARK AVE, 38TH FL, NEW YORK, NY, 10017, 
        2122706000 - 0 ($878,200,000.00) Equity, (File 333-185582 - Dec. 20) 
        (BR. 12A)

S-8     DUKE REALTY CORP, 600 EAST 96TH STREET, STE 100, INDIANAPOLIS, IN, 
        46240, 3178086000 - 0 ($27,440,000.00) Other, (File 333-185583 - 
        Dec. 20) (BR. 08C)

S-8     JPMORGAN CHASE & CO, 270 PARK AVE, 38TH FL, NEW YORK, NY, 10017, 
        2122706000 - 0 ($329,325,000.00) Equity, (File 333-185584 - Dec. 20) 
        (BR. 12A)

S-3     CombiMatrix Corp, 310 GODDARD, SUITE 150, IRVINE, CA, 92618, 
        949-753-0624 - 0 ($13,028,597.45) Equity, (File 333-185585 - Dec. 20) 
        (BR. 10A)

S-8     ZaZa Energy Corp, 1301 MCKINNEY STREET, SUITE 3000, HOUSTON, TX, 77010, 
        713-595-1900 - 12,181,250 ($24,606,125.00) Equity, (File 333-185586 - 
        Dec. 20) (BR. 04A)

S-8     BEST BUY CO INC, 7601 PENN AVE SOUTH, RICHFIELD, MN, 55423, 
        6122911000 - 5,000,000 ($60,250,000.00) Equity, (File 333-185587 - 
        Dec. 20) (BR. 02C)

S-3     Altra Holdings, Inc., 300 GRANITE STREET, SUITE 201, BRAINTREE, MA, 
        02184, 781-917-0600 - 0 ($1.00) Unallocated (Universal) Shelf, 
        (File 333-185588 - Dec. 20) (BR. 06A)

S-8     SUPREME INDUSTRIES INC, P O BOX 237, 2581 EAST KERCHER ROAD, GOSHEN, 
        IN, 46528, 5746423070 - 0 ($3,510,000.00) Equity, (File 333-185589 - 
        Dec. 20) (BR. 05C)

S-3     CalAmp Corp., 1401 N. RICE AVENUE, OXNARD, CA, 93030, 8059879000 - 
        0 ($75,000,000.00) Equity, (File 333-185590 - Dec. 20) (BR. 11C)

F-3     ENBRIDGE INC, 3000 425 - 1ST STREET SW, CALGARY ALBERTA CANA, A0, 
        T2P 3L8, 4032313900 - 0 ($1.00) Equity, (File 333-185591 - Dec. 20) 
        (BR. 04B)

S-8     CISCO SYSTEMS, INC., 170 WEST TASMAN DR, SAN JOSE, CA, 95134-1706, 
        4085264000 - 75,643 ($1,491,679.96) Equity, (File 333-185592 - Dec. 20) 
        (BR. 03C)

S-1     PROGUARD ACQUISITION CORP, 2501 EAST COMMERCIAL BLVD, SUITE 207, 
        FORT LAUDERDALE, FL, 33308, 954-491-7050 - 
        81,858,584 ($7,468,658.00) Mortgage Backed Securities, 
        (File 333-185593 - Dec. 20) (BR. 04A)

S-8     CISCO SYSTEMS, INC., 170 WEST TASMAN DR, SAN JOSE, CA, 95134-1706, 
        4085264000 - 87,567 ($1,726,821.24) Equity, (File 333-185594 - Dec. 20) 
        (BR. 03C)

S-3     SAUL CENTERS INC, 7501 WISCONSIN AVENUE, SUITE 1500, BETHESDA, MD, 
        20814, 3019866207 - 0 ($200,000,000.00) Equity, (File 333-185595 - 
        Dec. 20) (BR. 08C)

S-1     Health Insurance Innovations, Inc., 15438 N. FLORIDA AVENUE, SUITE 201, 
        TAMPA, FL, 33613, (877) 376-5831 - 0 ($86,250,000.00) Equity, 
        (File 333-185596 - Dec. 20) (BR. 01A)

S-8     CISCO SYSTEMS, INC., 170 WEST TASMAN DR, SAN JOSE, CA, 95134-1706, 
        4085264000 - 52,561 ($1,036,502.92) Equity, (File 333-185597 - Dec. 20) 
        (BR. 03C)

RECENT 8K FILINGS

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

1.01

Entry into a Material Definitive Agreement

1.02

Termination of a Material Definitive Agreement

1.03

Bankruptcy or Receivership

2.01

Completion of Acquisition or Disposition of Assets

2.02

Results of Operations and Financial Condition

2.03

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

2.04

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

2.05

Cost Associated with Exit or Disposal Activities

2.06

Material Impairments

3.01

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

3.02

Unregistered Sales of Equity Securities

3.03

Material Modifications to Rights of Security Holders

4.01

Changes in Registrant's Certifying Accountant

4.02

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

5.01

Changes in Control of Registrant

5.02

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

5.03

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

5.04

Temporary Suspension of Trading Under Registrant's Employee Benefit Plans

5.05

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

5.06

Change in Shell Company Status

6.01

ABS Informational and Computational Material.

6.02

Change of Servicer or Trustee.

6.03

Change in Credit Enhancement or Other External Support.

6.04

Failure to Make a Required Distribution.

6.05

Securities Act Updating Disclosure.

7.01

Regulation FD Disclosure

8.01

Other Events

9.01

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.

                                        STATE
NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT

-----------------------------------------------------------------------------------------

1ST SOURCE CORP                         IN       5.02                 12/14/12

5Barz International, Inc.                        1.01,1.02            12/06/12    AMEND

ABBOTT LABORATORIES                     IL       4.01,9.01            12/14/12

AbbVie Inc.                             DE       4.01,9.01            12/14/12

ACACIA RESEARCH CORP                    DE       8.01                 12/19/12

ACADIA REALTY TRUST                     MD       1.01                 12/14/12

ACCURIDE CORP                           DE       1.01,3.03,9.01       12/19/12

ACE Ltd                                 V8       5.03,9.01            12/17/12

ACURA PHARMACEUTICALS, INC              NY       8.01,9.01            12/20/12

Affinion Group Holdings, Inc.           DE       5.02                 12/14/12

Affinity Gaming, LLC                    NV       3.03,5.03,8.01,9.01  12/20/12

AIR PRODUCTS & CHEMICALS INC /DE/       DE       8.01                 12/20/12

ALLIANCE BANKSHARES CORP                         5.07                 12/19/12

Allied World Assurance Co Holdings, A            7.01,9.01            12/20/12

Alliqua, Inc.                           FL       5.07,9.01            12/19/12

ALTAIR NANOTECHNOLOGIES INC             Z4       5.03,9.01            12/17/12

Amarantus BioSciences, Inc.             DE       1.01,9.01            12/14/12

AMCON DISTRIBUTING CO                   DE       5.07                 12/20/12

AMEREN CORP                             MO       2.06                 12/20/12

AMERICAN GREETINGS CORP                 OH       1.01,2.02,9.01       12/19/12

AMERICAN POWER CORP.                    NV       1.01,9.01            12/11/12

American Railcar Industries, Inc.       ND       7.01,9.01            12/19/12

AMERICAN RIVER BANKSHARES               CA       8.01,9.01            10/20/12

Ampio Pharmaceuticals, Inc.             DE       5.02,5.07,9.01       12/15/12

ANALOG DEVICES INC                      MA       1.01,2.03,9.01       12/19/12

ANN INC.                                DE       1.01,2.03            12/19/12

ARRIS GROUP INC                         DE       1.01,7.01,9.01       12/19/12

ARROW ELECTRONICS INC                   NY       1.01,8.01,9.01       12/17/12

ARROWHEAD RESEARCH CORP                 DE       2.02,9.01            12/20/12

ASHLAND INC.                            KY       7.01,9.01            12/20/12

ATOSSA GENETICS INC                     DE       2.02,5.03,9.01       12/17/12

ATWOOD OCEANICS INC                     TX       7.01,9.01            12/20/12

AUTHENTIDATE HOLDING CORP               DE       5.02                 12/18/12

Avalon Holding Group, Inc.              NV       4.01                 12/06/12

AVEO PHARMACEUTICALS INC                DE       5.02,8.01,9.01       12/18/12

AVISTA CORP                             WA       2.05                 10/22/12    AMEND

BED BATH & BEYOND INC                   NY       2.02,9.01            12/19/12

Behringer Harvard Opportunity REIT I,   MD       2.02,7.01            12/14/12

BEHRINGER HARVARD REIT I INC            MD       2.02,7.01,8.01,9.01  12/20/12

Biostar Pharmaceuticals, Inc.           MD       5.02                 12/14/12

BIOTIME INC                             CA       7.01,9.01            12/20/12

Black Ridge Oil & Gas, Inc.             DE       1.01,2.03,9.01       12/14/12

BLACKBAUD INC                                    5.02                 12/16/12

BLUE DOLPHIN ENERGY CO                  DE       9.01                 12/20/12    AMEND

Blue Earth, Inc.                        NV       1.01,9.01            12/12/12    AMEND

BLYTH INC                               DE       1.01,1.02,9.01       12/18/12

BRAINSTORM CELL THERAPEUTICS INC.       DE       8.01,9.01            12/17/12

Brenham Oil & Gas Corp.                 NV       8.01,9.01            12/19/12

BRIGGS & STRATTON CORP                  WI       5.02,9.01            12/14/12

BROWN FORMAN CORP                       DE       5.02,9.01            12/20/12

Business Development Corp of America    MD       8.01,9.01            12/19/12

CABCO SERIES 2004-102 TRUST (SBC COMM            8.01,9.01            12/17/12

CalAmp Corp.                            DE       2.02,8.01,9.01       12/20/12

CAPITALSOURCE INC                       DE       5.02                 12/20/12

CAPITOL BANCORP LTD                     MI       5.02                 12/20/12

Carlyle Group L.P.                      DE       7.01,8.01,9.01       12/19/12

CARMAX INC                              VA       2.02,9.01            12/20/12

CARNIVAL CORP                           DE       2.02,9.01            12/20/12

CARRIAGE SERVICES INC                   DE       5.02                 12/20/12

CATERPILLAR INC                         DE       7.01                 12/20/12

CENTRAL EUROPEAN DISTRIBUTION CORP      DE       3.02                 12/19/12

CHINA BAK BATTERY INC                   NV       2.02,7.01,9.01       12/20/12

China Green Agriculture, Inc.           NV       5.07                 12/15/12

Cinemark Holdings, Inc.                 DE       1.01,2.03,9.01       12/18/12

CINEMARK USA INC /TX                    TX       1.01,2.03,9.01       12/18/12

CINTAS CORP                             WA       2.02,9.01            12/20/12

CMS ENERGY CORP                         MI       2.03,9.01            12/17/12

CNL Healthcare Trust, Inc.              MD       1.01,2.01,2.03,9.01  10/30/12

CNL Healthcare Trust, Inc.              MD       1.01,2.01,2.03,9.01  12/18/12

COEUR D ALENE MINES CORP                ID       8.01,9.01            12/18/12

COLE CORPORATE INCOME TRUST, INC.       MD       1.01,2.01,2.03,9.01  12/17/12

COLE CREDIT PROPERTY TRUST IV, INC.     MD       1.01,2.03            12/14/12

CombiMatrix Corp                        DE       8.01                 12/19/12

COMMUNICATIONS SYSTEMS INC              MN       5.02,9.01            12/14/12

Computer Vision Systems Laboratories    FL       4.01,9.01            12/14/12

COMVERSE TECHNOLOGY INC/NY/             NY       8.01,9.01            12/19/12

CONAGRA FOODS INC /DE/                  DE       2.02,9.01            12/20/12

CORNERSTONE THERAPEUTICS INC            DE       1.01                 12/14/12

CREE INC                                NC       5.02,9.01            12/17/12

CROSS TIMBERS ROYALTY TRUST             TX       2.02,9.01            12/20/12

Customers Bancorp, Inc.                 PA       1.01,9.01            12/18/12

DARDEN RESTAURANTS INC                  FL       2.02,9.01            12/20/12

DEX ONE Corp                            DE       5.02                 12/14/12

DIRECT INSITE CORP                      DE       5.02,9.01            12/17/12

Discover Financial Services             DE       2.02,5.02,9.01       12/18/12

DISH Network CORP                       NV       8.01,9.01            12/19/12

DSW Inc.                                OH       5.02,9.01            12/19/12

DTE ENERGY CO                           MI       7.01,8.01,9.01       12/20/12

DYCOM INDUSTRIES INC                    FL       5.02,9.01            12/14/12

Eagle Ford Oil & Gas Corp               NV       8.01                 12/20/12

Eloqua, Inc.                                     1.01,8.01,9.01       12/19/12

EMERSON ELECTRIC CO                     MO       7.01                 12/20/12

Empeiria Acquisition Corp               DE       1.01,2.01,3.02,3.03, 12/14/12
                                                 5.01,5.02,5.03,5.06,
                                                 9.01
   
Enduro Royalty Trust                    DE       2.02,9.01            12/20/12

ENGLOBAL CORP                           NV       5.02,9.01            12/18/12

ENZON PHARMACEUTICALS INC               DE       2.05,8.01,9.01       12/14/12

EPICEPT CORP                                     5.02                 12/15/12

EQT Corp                                PA       1.01,7.01,9.01       12/19/12

EQUIFAX INC                             GA       1.01,1.02,2.03,9.01  12/17/12

EVEREST RE GROUP LTD                    D0       8.01,9.01            12/20/12

EZCORP INC                              DE       5.02                 12/14/12

EZCORP INC                              DE       3.02,8.01,9.01       12/20/12

FACTSET RESEARCH SYSTEMS INC            DE       5.07                 12/18/12

FAR EAST ENERGY CORP                    NV       1.01,9.01            12/18/12

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

Federal Home Loan Bank of Chicago       X1       2.03                 12/17/12

Federal Home Loan Bank of Des Moines    X1       2.03,9.01            12/18/12

Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            12/20/12

Federal Home Loan Bank of New York      X1       2.03,9.01            12/17/12

Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            12/17/12

Federal Home Loan Bank of San Francis   X1       2.03                 12/17/12

Federal Home Loan Bank of Seattle                2.03                 12/17/12

Federal Home Loan Bank of Topeka                 5.02                 12/14/12

FEDERAL HOME LOAN MORTGAGE CORP                  5.03,9.01            12/20/12

FEDERAL MOGUL CORP                      DE       1.02,8.01,9.01       12/19/12

First Bancorp, Inc /ME/                 ME       8.01                 12/20/12

FIRST CITIZENS BANCSHARES INC /DE/      DE       1.01,5.02            12/20/12

First Financial Northwest, Inc.         WA       1.01,9.01            12/19/12

FIRST MIDWEST BANCORP INC               DE       5.02                 12/14/12

FIRST PLACE FINANCIAL CORP /DE/         DE       1.01,9.01            12/14/12

FIRST REGIONAL BANCORP                  CA       8.01,9.01            12/14/12

FLIR SYSTEMS INC                        OR       8.01,9.01            12/20/12

Flux Power Holdings, Inc.               NV       8.01,9.01            12/20/12

FOREST CITY ENTERPRISES INC             OH       3.02,8.01,9.01       12/18/12

FORWARD INDUSTRIES INC                  NY       2.02,9.01            12/20/12

FRANKLIN WIRELESS CORP                  NV       5.07                 12/18/12

General Finance CORP                    DE       8.01,9.01            12/20/12

General Motors Co                                1.01,9.01            12/18/12

GEO GROUP INC                           FL       1.01,2.03,9.01       12/14/12

GIBRALTAR INDUSTRIES, INC.              DE       5.02                 12/14/12

GLOBAL CASINOS INC                      UT       2.03,9.01            12/20/12

Globalstar, Inc.                        DE       3.01,7.01,9.01       12/19/12

Google Inc.                             DE       7.01,9.01            12/19/12

GRANDPARENTS.COM, INC.                  DE       1.01,1.02,2.03,3.02, 12/14/12
                                                 9.01
          
GRANT PARK FUTURES FUND LIMITED PARTN   IL       7.01,9.01            11/30/12

GreenHunter Energy, Inc.                DE       8.01,9.01            12/20/12

GREENSHIFT CORP                         DE       1.01                 12/18/12

GREIF INC                               DE       1.01,1.02,2.03,2.04, 12/19/12
                                                 9.01
          
Griffin Capital Net Lease REIT, Inc.             2.03,7.01,8.01,9.01  12/11/12

GTX INC /DE/                            DE       5.02                 12/14/12

GULFPORT ENERGY CORP                    DE       1.01,7.01,9.01       12/19/12

HAMPTON ROADS BANKSHARES INC            VA       7.01,9.01            12/20/12

Hangover Joe's Holding Corp             CO       7.01,9.01            12/20/12

HAWAIIAN HOLDINGS INC                   DE       7.01,9.01            12/20/12

HERCULES OFFSHORE, INC.                 DE       7.01,9.01            12/19/12

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

HMS INCOME FUND, INC.                   MD       8.01,9.01            12/18/12

Howard Bancorp Inc                      MD       8.01,9.01            12/20/12

HPEV, INC.                              NV       1.01,2.03,3.02,5.03, 12/14/12
                                                 9.01
          
HPIL HOLDING                            NV       3.02                 12/20/12

HSN, Inc.                               DE       5.02,9.01            12/20/12

HUGOTON ROYALTY TRUST                   TX       2.02,9.01            12/20/12

HUTTIG BUILDING PRODUCTS INC            DE       5.02,8.01,9.01       12/17/12

ICAHN ENTERPRISES L.P.                  DE       1.02,8.01,9.01       12/19/12

ICON ECI FUND FIFTEEN, L.P.             DE       8.01                 12/20/12

ICON Equipment & Corporate Infrastruc   DE       8.01                 12/20/12

INTEGRATED DEVICE TECHNOLOGY INC        DE       1.02,8.01,9.01       12/19/12

INTERCONTINENTALEXCHANGE INC            DE       7.01,8.01,9.01       12/20/12

INTERSIL CORP/DE                        DE       5.02,9.01            12/20/12

INVACARE CORP                           OH       8.01,9.01            12/20/12

INVIVO THERAPEUTICS HOLDINGS CORP.      NV       5.02                 12/18/12

IPASS INC                               DE       5.02                 12/17/12

IRON MOUNTAIN INC                       DE       5.02                 12/20/12

JEFFERIES GROUP INC /DE/                DE       1.01,9.01            12/19/12

Jones Lang LaSalle Income Property Tr   MD       7.01,8.01            12/14/12

KB HOME                                 DE       2.02,9.01            12/20/12

KCAP Financial, Inc.                    DE       8.01,9.01            12/20/12

KID BRANDS, INC                         NJ       3.01,8.01,9.01       12/14/12

KIMBALL INTERNATIONAL INC               IN       1.01,2.03,9.01       12/18/12

KIRBY CORP                              NV       1.01,2.01,2.03,7.01, 12/13/12
                                                 9.01
          
Kodiak Oil & Gas Corp                   B0       7.01,9.01            12/18/12

Kosmos Energy Ltd.                      D0       5.02                 12/19/12

Liberty Global, Inc.                    DE       2.03                 12/14/12

Location Based Technologies, Inc.       NV       7.01,9.01            12/19/12

LOOKSMART LTD                           DE       1.01,3.03,9.01       12/19/12

LUBYS INC                               DE       2.02,9.01            12/19/12

MACKINAC FINANCIAL CORP /MI/            MI       1.01,9.01            12/19/12

MARCUS CORP                             WI       2.02,9.01            12/20/12

Matson, Inc.                            HI       5.02                 12/19/12

Matter of Time I Co.                    NV       1.01,2.01,3.02,5.01, 12/14/12
                                                 5.02,5.03,5.06,9.01
        
MCCLATCHY CO                            DE       1.01,2.03,8.01,9.01  12/18/12

MEADOWBROOK INSURANCE GROUP INC         MI       8.01,9.01            12/20/12

MEDIENT STUDIOS, INC.                   NV       4.01,9.01            09/30/12    AMEND

MEDIVATION, INC.                        DE       5.02                 12/14/12

Meetinghouse Bancorp, Inc.              MD       5.02                 12/18/12

Merriman Holdings, Inc                  DE       2.03                 12/13/12

MESA ROYALTY TRUST/TX                   TX       2.02,9.01            12/20/12

METALICO INC                                     5.02,8.01,9.01       12/20/12

MetaStat, Inc.                          NV       7.01,9.01            12/19/12

MFA FINANCIAL, INC.                     MD       5.02,9.01            12/19/12

MGM Resorts International               DE       1.01,1.02,2.03,9.01  12/18/12

MICRON TECHNOLOGY INC                   DE       2.02,9.01            11/29/12

MOKITA VENTURES, INC.                   NV       5.02,5.07            12/14/12

MONMOUTH REAL ESTATE INVESTMENT CORP    MD       7.01,9.01            12/20/12

MONRO MUFFLER BRAKE INC                 NY       1.01,2.03,5.03,9.01  08/07/12

MULTI-CORP INTERNATIONAL INC.           NV       1.01,2.01,3.02,9.01  12/17/12

NEOGEN CORP                             MI       8.01                 12/20/12

NEOGEN CORP                             MI       2.02,9.01            12/20/12

NETLIST INC                             DE       1.01,5.03,9.01       12/19/12

NETWORK 1 FINANCIAL GROUP, INC.         DE       3.02,9.01            09/06/12

NETWORK 1 SECURITY SOLUTIONS INC        DE       5.02                 12/19/12

NEULION, INC.                                    1.01,9.01            06/26/10

NEW ENERGY SYSTEMS GROUP                NV       5.07,8.01,9.01       12/16/12

NEW YORK MORTGAGE TRUST INC             MD       5.02                 12/14/12

NEWS CORP                                        8.01,9.01            12/19/12

NEXCORE HEALTHCARE CAPITAL CORP         DE       8.01                 12/18/12

Nexeo Solutions Holdings, LLC           DE       5.02                 12/17/12    AMEND

NEXTERA ENERGY INC                      FL       2.03,8.01,9.01       12/14/12

NIKE INC                                OR       2.02,9.01            12/20/12

NORTHWEST PIPE CO                       OR       5.02,9.01            12/19/12

NTS, INC.                               NV       5.07                 12/20/12

NYSE Euronext                           DE       7.01,8.01,9.01       12/20/12

Ocean Shore Holding Co.                          5.02,9.01            12/19/12

OCLARO, INC.                            DE       1.01,2.03            12/14/12

Oconee Federal Financial Corp.                   8.01,9.01            12/20/12

OCZ TECHNOLOGY GROUP INC                DE       8.01,9.01            12/19/12

OMEGA COMMERCIAL FINANCE CORP           WY       1.01,7.01,9.01       12/13/12

OMNI BIO PHARMACEUTICAL, INC.           CO       3.02,5.02,7.01,9.01  12/19/12

OMNICARE INC                            DE       5.02                 12/14/12

ORRSTOWN FINANCIAL SERVICES INC         PA       8.01,9.01            12/20/12

P&F INDUSTRIES INC                      DE       1.01,2.03,9.01       12/19/12

PARK NATIONAL CORP /OH/                 OH       5.02,9.01            12/19/12

PARKER DRILLING CO /DE/                 DE       1.01,2.03,3.03       12/14/12

PINNACLE BANKSHARES CORP                VA       8.01                 12/20/12

PIONEER NATURAL RESOURCES CO            DE       1.01,2.03,9.01       12/20/12

Plures Technologies, Inc./DE            DE       4.01,9.01            12/14/12

PLX TECHNOLOGY INC                      DE       1.02,8.01,9.01       12/19/12

PLX TECHNOLOGY INC                      DE       5.07                 12/19/12

POOL CORP                               DE       5.03,9.01            12/20/12

PORTFOLIO RECOVERY ASSOCIATES INC       DE       1.01,1.02,2.03,9.01  12/19/12

POSITIVEID Corp                         DE       1.01,9.01            12/20/12

Powder River Coal Corp.                 FL       8.01,9.01            12/17/12

PRECISION CASTPARTS CORP                OR       1.01,2.03,9.01       12/17/12

PREMIERE GLOBAL SERVICES, INC.          GA       5.02,8.01,9.01       12/20/12

PRESIDENTIAL LIFE CORP                  DE       5.07,8.01,9.01       12/20/12

Prologis, Inc.                          MD       8.01,9.01            12/20/12

ProPhase Labs, Inc.                     NV       1.01,3.01,9.01       12/20/12

PROSPER MARKETPLACE INC                 DE       5.02                 12/17/12

PVH CORP. /DE/                          DE       1.01,2.03,7.01,9.01  12/20/12

QC Holdings, Inc.                       KS       8.01                 12/19/12

Radius Health, Inc.                     DE       1.01,9.01            12/14/12

RAPTOR RESOURCES HOLDINGS INC.          NV       2.01,3.02,5.02,9.01  12/17/12

RECOVERY ENERGY, INC.                   NV       7.01                 12/20/12

RED HAT INC                             DE       2.02,9.01            12/20/12

REDFIN NETWORK, INC.                    NV       1.01,2.03,3.02,9.01  12/14/12

Remark Media, Inc.                      DE       5.02                 12/14/12

REMY INTERNATIONAL, INC.                DE       5.02                 12/20/12

RENAISSANCERE HOLDINGS LTD              D0       7.01,9.01            12/20/12

RESOURCES CONNECTION INC                DE       2.02,9.01            12/20/12

RESPECT YOUR UNIVERSE, INC.             NV       5.02                 12/19/12

RETAIL PROPERTIES OF AMERICA, INC.      MD       3.03,5.03,8.01,9.01  12/11/12    AMEND

Revolutionary Concepts Inc              NV       1.01,2.01,3.02,5.03, 12/19/12
                                                 9.01
          
RITE AID CORP                           DE       2.02,8.01,9.01       12/20/12

ROCKY MOUNTAIN CHOCOLATE FACTORY INC    CO       7.01,9.01            12/19/12

ROMA FINANCIAL CORP                     X1       1.01,9.01            12/19/12

ROYAL BANCSHARES OF PENNSYLVANIA INC    PA       8.01,9.01            12/18/12

RUSH ENTERPRISES INC \TX\               TX       1.01,8.01,9.01       12/19/12

Ryman Hospitality Properties, Inc.      DE       8.01,9.01            12/20/12

S Y BANCORP INC                         KY       1.01,8.01,9.01       12/19/12

SAN JUAN BASIN ROYALTY TRUST            TX       2.02,9.01            12/20/12

Sanchez Energy Corp                     DE       5.02,9.01            12/18/12

SANDISK CORP                            DE       5.03,9.01            12/20/12

SANDRIDGE ENERGY INC                    DE       1.01,8.01,9.01       12/19/12

Santa Fe Petroleum, Inc.                DE       4.01,9.01            12/20/12

Santa Fe Petroleum, Inc.                DE       1.01,2.01,3.02,5.01, 12/20/12    AMEND
                                                 5.02,5.06
     
SANTARUS INC                            DE       8.01                 12/19/12

SANTARUS INC                            DE       5.02                 12/19/12

SARATOGA RESOURCES INC /TX              TX       7.01,9.01            12/20/12

SCHOLASTIC CORP                         DE       2.02,9.01            12/20/12

Searchlight Minerals Corp.              NV       7.01,9.01            12/20/12

SHILOH INDUSTRIES INC                   DE       2.02                 12/20/12

Shire plc                                        8.01,9.01            12/20/12

Shire plc                                        8.01,9.01            12/20/12

SOFTECH INC                             MA       2.02,5.07,9.01       12/19/12

SOTHEBYS                                DE       1.01,2.03,7.01,9.01  12/20/12

SOUTHWEST IOWA RENEWABLE ENERGY, LLC    IA       8.01,9.01            12/20/12

SPARTECH CORP                           DE       8.01                 12/20/12

STAR BUFFET INC                         DE       1.03,9.01            12/17/12

STONE ENERGY CORP                       DE       7.01,8.01,9.01       12/17/12

Strategic Storage Trust, Inc.           MD       7.01,9.01            12/20/12

STRATS SM TRUST FOR Goldman Sachs Cap            8.01,9.01            12/17/12

STRATS SM TRUST FOR GOLDMAN SACHS GRO            8.01,9.01            12/17/12

STRATS SM TRUST FOR JPMORGAN CHASE &             8.01,9.01            12/17/12

STRATS SM TRUST FOR U S CELL CORP SEC            8.01,9.01            12/17/12

STRATS SM TRUST FOR WAL-MART STORES,             8.01,9.01            12/17/12

STRATS(SM) TRUST FOR DOMINION RESOURC            8.01,9.01            12/17/12

STRATS(SM) TRUST FOR GEN ELEC CAP COR            8.01,9.01            12/17/12

STRATS(SM) Trust For Goldman Sachs Ca            8.01,9.01            12/17/12

SUMMIT FINANCIAL SERVICES GROUP INC     FL       1.01,9.01            12/20/12

SUNGARD CAPITAL CORP                    DE       1.01,2.03,3.03,5.03, 12/17/12
                                                 8.01,9.01
     
SUNTRUST BANKS INC                      GA       3.03,5.03,8.01,9.01  12/13/12

Surge Global Energy, Inc.               DE       4.01,9.01            12/20/12

SYNTA PHARMACEUTICALS CORP                       1.01,9.01            12/14/12

Synutra International, Inc.             DE       5.02,9.01            12/18/12

TAUBMAN CENTERS INC                     MI       1.01,2.01,8.01,9.01  12/17/12

TCF FINANCIAL CORP                      DE       5.02,9.01            12/14/12

TGFIN HOLDINGS INC                      DE       5.01                 12/19/12

THERMOENERGY CORP                       DE       5.02,9.01            12/10/12

THERMOENERGY CORP                       DE       5.02                 12/17/12

THQ INC                                 DE       7.01                 12/19/12

TIBCO SOFTWARE INC                      DE       2.02,9.01            12/20/12

TIDELANDS ROYALTY TRUST B               TX       7.01,9.01            12/20/12

Titanium Asset Management Corp          DE       5.01,5.02            12/18/12

TIVO INC                                DE       5.02,9.01            12/20/12

Tops Holding Corp                       DE       1.01,2.03,8.01,9.01  12/14/12

TRACTOR SUPPLY CO /DE/                  DE       5.02,9.01            12/20/12

TransMontaigne Partners L.P.            DE       1.01,2.01,8.01,9.01  12/20/12

TRIMAS CORP                             DE       1.01,2.03,8.01,9.01  12/17/12

TRINITY INDUSTRIES INC                  DE       2.03                 12/19/12

TSIC, Inc.                              DE       7.01,9.01            12/13/12

TUCOWS INC /PA/                         PA       1.01,2.03,9.01       12/14/12

TUFCO TECHNOLOGIES INC                  DE       2.02,9.01            12/18/12

TurkPower Corp                          DE       5.02                 12/20/12

Twin Cities Power Holdings, LLC         MN       1.01                 12/17/12

UBS-Barclays Commercial Mortgage Trus   DE       8.01,9.01            12/20/12

UMH PROPERTIES, INC.                    MD       7.01,9.01            12/20/12

Uni-Pixel                               DE       8.01,9.01            12/20/12

UNION BANKSHARES INC                    VT       8.01                 12/19/12

UNITED COMMUNITY FINANCIAL CORP         OH       5.07                 12/18/12

UNITED STATES ANTIMONY CORP             MT       5.03,5.07,9.01       12/15/12

UNIVERSITY GENERAL HEALTH SYSTEM, INC   NV       1.01,2.01,9.01       12/14/12

US GEOTHERMAL INC                       DE       8.01                 11/20/12

UWHARRIE CAPITAL CORP                   NC       5.02                 12/20/12

Venaxis, Inc.                           CO       5.02,9.01            12/19/12

VERISIGN INC/CA                         DE       2.02,9.01            12/20/12

Village Bank & Trust Financial Corp.             8.01                 12/20/12

VOIS Inc.                               FL       1.01,3.02,9.01       12/18/12

Volcano Corp                            DE       1.01                 12/14/12

W&E Source Corp.                        DE       1.01,3.02            12/15/12

Western Asset Mortgage Capital Corp     DE       7.01,9.01            12/19/12

Wheeler Real Estate Investment Trust,   MD       1.01,2.01,9.01       12/14/12

WHIRLPOOL CORP /DE/                     DE       8.01,9.01            12/19/12

WILLIAMS COMPANIES INC                  DE       1.01,7.01,9.01       12/18/12

WINNEBAGO INDUSTRIES INC                IA       2.02,9.01            12/20/12

WORLD FUEL SERVICES CORP                FL       8.01,9.01            12/20/12

WORLDWIDE STRATEGIES INC                NV       8.01                 12/14/12

 

http://www.sec.gov/news/digest/2012/dig122112.htm


Modified: 12/21/2012