Commission Charges Chicago-Based Investment Adviser with Defrauding Calpers and Other Clients
The Securities and Exchange Commission (Commission) today charged the CEO of Chicago-based investment advisory firm Simran Capital Management with lying to the California Public Employers’ Retirement System (CalPERS) and other current and potential clients about the amount of money managed by the firm.
Institutional investors such as CalPERS often use assets under management (AUM) as a metric to screen prospective investment advisers soliciting their business. An SEC investigation revealed that while pitching Simran’s services, Mesh Tandon falsely certified to CalPERS that his firm satisfied its minimum AUM requirements. After fraudulently obtaining the business from CalPERS, Tandon also falsely inflated Simran’s AUM in communications with other potential clients with whom he touted his firm’s relationship with CalPERS. Tandon also fraudulently reported an inflated AUM in filings with the SEC, and he later attempted to mislead SEC examiners during a routine examination of Simran.
Tandon, who previously lived in Chicago and now resides in Texas, has agreed to settle the SEC’s fraud charges.
“Tandon deliberately undermined the CalPERS screening process by grossly misrepresenting his firm’s purported assets under management,” said Merri Jo Gillette, Director of the SEC’s Chicago Regional Office. “To make matters worse, he then used his association with CalPERS to lure other public institutional investors under false pretenses.”
According to the SEC’s order instituting settled administrative proceedings against Tandon, he represented to CalPERS in May 2008 that Simran met explicit AUM requirements and managed at least $200 million as of Dec. 31, 2007. In fact, Simran managed approximately $80 million at that time. Evidence indicates that Tandon was aware that Simran did not meet the CalPERS requirements for AUM.
According to the SEC’s order, Tandon touted Simran’s relationship with CalPERS to other prospective clients from 2008 to 2011, and he instructed other Simran employees to do the same. On more than a dozen occasions, Tandon and Simran employees falsely inflated the firm’s AUM in communications with employee retirement systems and other prospective clients. Tandon and Simran also overstated the AUM in at least four of the firm’s Form ADVs filed with the SEC. In February 2012, Simran withdrew its SEC registration as an investment adviser and has since ceased operations.
According to the SEC’s order, Tandon violated Sections 206(1), 206(2), and 207 of the Investment Advisers Act of 1940. Tandon neither admitted nor denied the findings, and agreed to be barred from the securities industry and pay disgorgement of $20,018, prejudgment interest of $1,680, and a penalty of $100,000. (Press Rel. 2013-64)
Commission Files Subpoena Enforcement Action against Andrew Famer and Iridium Capital, Ltd. for Failure to Produce Documents in Market Manipulation Investigation
The Commission announced today that on April 9, 2013 it filed a subpoena enforcement action in the U.S. District Court for the Northern District of Texas against Andrew Farmer and Iridium Capital, Ltd. (Iridium). According to the filing, the SEC is investigating possible market manipulation in connection with transactions in the securities of Chimera Energy Corporation (Chimera), whose shares were traded on the over-the-counter market. Pursuant to subpoenas issued in December 2012, Farmer and Iridium Capital, Ltd. were obligated to produce documents to the Commission, but have failed to do so. Accordingly, the SEC filed its Application for an Order Requiring Compliance with Administrative Subpoenas.
As part of its investigation, the staff in the SEC’s Fort Worth Regional Office issued subpoenas to Farmer and Iridium in December 2012 seeking, among other things, materials related to their transactions in Chimera securities and to Chimera’s business. According to the SEC’s court papers, Farmer played an integral role in Chimera’s transition from a privately held to a publicly traded company. And, before Chimera’s securities became available for purchase to the public on the over-the-counter market, entities controlled by Farmer or for which Farmer acted as agent acquired millions of Chimera shares in private transactions, while Iridium, which Farmer also controlled, assisted in effectuating these transactions. According to the court papers, once Chimera’s promotional campaign was under way, entities controlled by Farmer sold to the public a substantial number of their privately obtained Chimera shares, generating hundreds of thousands, if not millions, of dollars in profits.
Pursuant to its application, the SEC is seeking an order from the federal district court compelling Farmer and Iridium to produce all materials responsive to the subpoenas and compelling Farmer to provide sworn testimony. The SEC notes that it is continuing to conduct a fact-finding investigation and has not concluded that anyone has broken the law. [SEC v. Andrew Farmer and Iridium Capital, Ltd., Civil Action No. 4:13-mc-00014-Y (N.D. Tex.) (April 9, 2013)] (LR-22680).
Commission Files Insider Trading Charges against Former Trader Joseph Mancuso
The Commission filed an insider trading case against Joseph M. Mancuso, a former proprietary trader at the registered broker-dealer Schottenfeld Group, LLC, charging him with using inside information to trade ahead of five separate corporate acquisition announcements in 2007, resulting in illicit profits of approximately $350,000.
The SEC’s complaint alleges that Mancuso used material, nonpublic information he was tipped by his good friend and colleague, Zvi Goffer, also a former proprietary trader at Schottenfeld, to trade ahead of the announced acquisitions of Avaya, Inc., 3Com Corp., Axcan Pharma Inc., Hilton Hotels Corp. and Kronos Inc. As alleged in the complaint, the inside information Goffer tipped Mancuso concerning the 3Com, Axcan and Avaya acquisitions was misappropriated by two attorneys at the law firm Ropes & Gray, Arthur Cutillo and Brien Santarlas. The SEC alleges that Cutillo and Santarlas had access to inside information about potential acquisitions involving their firm’s clients, and that Goffer paid them kickbacks in exchange for the information, using their mutual friend Jason Goldfarb as a conduit. As alleged in the complaint, Goffer traded on this inside information and tipped the information to Mancuso and others who also traded.
The SEC’s complaint alleges that the inside information Goffer tipped to Mancuso concerning the Hilton and Kronos acquisitions came through Gautham Shankar, another former proprietary trader at Schottenfeld. As alleged in the complaint, Shankar was tipped the inside information by Thomas Hardin, a managing director at the hedge fund adviser Lanexa Management. The complaint alleges that Hardin was tipped the information by Roomy Khan, a consultant to a New York-based investment adviser, who had received the inside information from her friend, a credit rating company analyst. The SEC alleges that Goffer also paid kickbacks in exchange for this information. As alleged in the complaint, Goffer traded on this inside information and tipped Mancuso and others who also traded.
The SEC’s complaint charges Mancuso with violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks a final judgment permanently enjoining Mancuso from future violations of these provisions and ordering disgorgement of ill-gotten gains plus prejudgment interest. [Securities and Exchange Commission v. Joseph M. Mancuso, Civil Action No. 13-CV-2555 (S.D.N.Y.)] (LR- 22679)
In the Matter of Umesh Tandon
The Commission charged Mesh Tandon, owner and CEO of Chicago-based investment advisory firm Simran Capital Management (“Simran”), with violations of Sections 206(1), 206(2), and 207 of the Investment Advisers Act of 1940, for lying to the California Public Employers’ Retirement System (“CalPERS”) and other current and potential clients about the amount of money managed by the firm.
A Commission investigation revealed that in responding to a 2008 request for proposal from CalPERS, Tandon falsely certified that Simran satisfied CalPERS’s minimum requirements for AUM. After fraudulently obtaining the business from CalPERS, Tandon then touted Simran’s relationship with CalPERS in attempts to lure other public institutional investors to invest with Simran. Tandon also falsely inflated Simran’s AUM in communications to other potential clients and in Forms ADV filed with the Commission. Further, Tandon attempted to mislead staff from the Commission’s Office of Compliance Inspections and Examinations (“OCIE”) during a routine examination of Simran.
According to the Commission’s order instituting settled administrative proceedings against Tandon, in May, 2008, Tandon certified that Simran managed at least $200 million as of December 31, 2007, in satisfaction of CalPERS’s explicit AUM requirements. In fact, Simran only managed approximately $80 million at that time. Evidence indicated that Tandon was aware that Simran did not meet CalPERS’s requirements. Subsequently, from at least February 2008 through February 2011, Tandon touted, and instructed other Simran employees to tout, Simran’s relationship with CalPERS to other prospective clients. Moreover, on more than a dozen occasions throughout this time, Tandon falsely inflated, and instructed other employees at Simran to falsely inflate, Simran’s AUM in communications with prospective clients, including employee retirement systems. Tandon further filed, and instructed other employees at Simran to file, at least four Forms ADV that significantly overstated Simran’s AUM. In February 2012, Simran withdrew its registration as an investment adviser with the SEC and has since ceased operations.
Without admitting or denying the Commission’s findings, Tandon consented to the SEC’s order that, among other things: (i) bars him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal adviser, transfer agent, or nationally recognized statistical rating organization; and (ii) requires him to pay disgorgement in the amount of $20,018, prejudgment interest in the amount of $1,680, and a civil money penalty of $100,000. (Rel. IA-3586; IC-30446; File No. 3-15282)
In the Matter of Charles T. Fee
The Commission announced the issuance of an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Section 203(f) of the Investment Advisers Act of 1940, and Section 9(b) of the Investment Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (Order) as to Charles T. Fee (Fee). The Order finds that from October 2008 to May 2011, Fee, an administrative and clerical employee of Vector Wealth Management, LLC (Vector), a Minnesota investment adviser registered with the Commission since 1997, forged checks to misappropriate $33,147 of dividends owed to four advisory clients participating in two pooled investment vehicles that were managed by Vector.
Based on the above, the Order (1) requires Fee to cease and desist from committing or causing violations or future violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder; (2) imposes a civil penalty of $10,000; and (3) bars Fee from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and prohibiting him from serving or acting as an employee, officer, director, member of an advisory board, investment adviser or depositor of, or principal underwriter for, a registered investment company or affiliated person of such investment adviser, depositor, or principal underwriter. Fee consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. 34- 69390; IA-3588; IC-30467; File No. 3-15284)
In the Matter of Douglas F. Whitman
The Commission today announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings and Imposing Remedial Sanctions against Douglas F. Whitman.
The Order finds that Whitman, a resident of Atherton, California, was the president of the unregistered hedge fund advisory firm Whitman Capital, LLC and was the sole shareholder, director and officer of the firm’s general partner. On February 10, 2012, the Commission filed insider trading charges against Whitman and Whitman Capital in an action titled Securities and Exchange Commission v. Douglas F. Whitman, et al., Civil Action Number 12-CV-1055 (S.D.N.Y). See SEC Release No 22257 (February 10, 2012).
The Commission’s complaint alleged that Whitman and Whitman Capital illegally traded based on material nonpublic information obtained from Whitman’s friend and neighbor, Roomy Khan. Khan tipped Whitman with confidential details about Polycom Inc.’s fourth quarter 2005 earnings and Google Inc.’s second quarter 2007 earnings prior to the public announcements of those financial results by the companies. Khan had received the material non-public information that she conveyed to Whitman from a high-ranking executive at Polycom, and from an employee of an investor relations firm retained by Google. Whitman Capital, according to the complaint, garnered nearly $1 million in ill-gotten gains by trading on Khan’s illegal tips.
In a related criminal case, Whitman was convicted of two counts of conspiracy to commit securities fraud and two counts of securities fraud before the United States District Court for the Southern District of New York, in United States v. Doug Whitman, 12-CR-125 (JSR). On January 29, 2012, Whitman was sentenced to two years in prison, followed by one year of supervised release, and ordered to pay forfeiture of $935,306, and a $250,000 criminal fine.
On March 20, 2013, the judge presiding over the SEC action entered a final judgment by consent against Whitman, permanently enjoining him from future 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 ordering Whitman to disgorge $935,306 and to pay a civil penalty in the amount of $935,306. See Litigation Release No. 22653 (March 20, 2013).
Based on the above, the Commission’s Order bars Whitman from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. (Rel. IA-3589; File No. 3-15285)
In the Matter of Joshua J. Singer
The Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions (Order) against Joshua J. Singer (Singer).
On April 7, 2013, a judgment by consent was entered against Singer, permanently enjoining him from future violations of Section 15(a) of the Securities Exchange Act of 1934, in Securities and Exchange Commission v. Collyard, et al., Civil Action No. 11 cv 3656 (D. Minn.). The Commission’s complaint alleged that, from approximately August 2007 to November 2009, Singer, acting as an unregistered broker, sold over $1.2 million in the securities of Bixby Energy Systems, Inc. (“Bixby”) to approximately 20 investors. As compensation for his sale of Bixby securities, Singer received cash commissions of at least $107,000.
Based on the above, the Order bars Singer from: (1) association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent; and (2) participating in any offering of a penny stock, including acting as a promoter, finder, consultant, agent, or other person who engages in activities with a broker, dealer, or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase of sale of any penny stock, with a right to apply for reentry after three years. Singer consented to the issuance of the Order. (Rel. 34-69404; File No. 3-15286)
Commission Dismisses Appeal Filed by Gilbert Torres Martinez
The Commission has dismissed an application for review of FINRA disciplinary action filed by Gilbert Torres Martinez, of Dallas, Texas, formerly a registered representative associated with Wells Fargo Advisors, LLC, a FINRA member firm. On January 14, 2013, FINRA barred Martinez from association with any FINRA member in any capacity, after first suspending him, because he failed to provide FINRA with information it requested pursuant to FINRA Rule 8210 concerning his termination by Wells Fargo. In dismissing the appeal, the Commission granted a FINRA motion, which was unopposed by Martinez, asserting that he had failed to exhaust his administrative remedies before appealing to the Commission. (Rel. 34- 69405; File No. 3-15209)
Commission Sustains Disciplinary Action against Joseph S. Amundsen
The Commission has sustained FINRA's disciplinary action against Joseph S. Amundsen, formerly a registered representative of various FINRA member firms. As a result of the decision, Amundsen is barred from association with any FINRA member firm in any capacity. He is also statutorily disqualified from future association with FINRA member firms.
The Commission affirmed FINRA's findings that during the course of six years Amundsen violated NASD and FINRA rules when he failed to disclose, on the thirty-six Forms U4 he completed for thirty-four different employers, that he had been enjoined in connection with investment-related activity in 1983 and that his California CPA license had been revoked in 1986. In sustaining FINRA's action, the Commission emphasized the importance of Form U4 to self-regulatory organizations, state regulators, broker-dealers, and the public, calling the form a "critically important regulatory tool" that ultimately serves to protect the investing public. The Commission found that Amundsen's repeated "false and misleading filings egregiously violated the standard of 'candor and forthrightness' required of associated persons" and that his evasive and incredible testimony "revealed a disconcerting failure to acknowledge his own responsibility in this matter." (Rel. 34-69406)
Adam Harrington Sanctioned
Adam Harrington a/k/a Adam Rukdeschel and Adam Harrington Ruckdeschel (Harrington) has been barred from the securities industry. The sanction was ordered in an administrative proceeding before an administrative law judge, following a 2012 conviction for securities fraud, wire fraud, mail fraud, and conspiracy to commit securities fraud, wire fraud, and mail fraud in United States v. Mandell, No. 1:09-cr-00662 (S.D.N.Y. May 7, 2012). (Initial Decision No. 484; File No. 3-15119)
Immediate Effectiveness of Proposed Rule Change
A proposed rule changed filed by NYSE Arca, Inc. amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services to remove certain obsolete text (SR-NYSEArca-2013-38) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of April 22nd. (Rel. 34-69389)
A proposed rule change filed by NYSE MKT LLC amending the Members’ Schedule of NYSE Amex Options LLC (the “Company”) in order to reflect changes to the capital structure of the Company (SR-NYSEMKT-2013-34) has become effective under Section 19(b)(3)(A) of the Exchange Act. Publication is expected in the Federal Register during the week of April 22nd. (Rel. 34-69388)
A proposed rule change filed by BATS Exchange, Inc. to adopt a market order collar for BATS Options (SR-BATS-2013-023) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934.Publication is expected in the Federal Register during the week of April 22nd. (Rel. 34-69387)
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-8 FONU2 Inc., 331 E. COMMERCIAL BLVD., FORT LAUDERDALE, FL, 33334, 650-204-7878 - 3,000,000 ($60,000.00) Equity, (File 333-187951 - Apr. 17) (BR. 02B) S-1 KOPJAGGERS INC., 28325 UTICA ROAD, ROSEVILLE, MI, 48066, 321-507-7826 - 25,500 ($2,550.00) Equity, (File 333-187952 - Apr. 17) (BR. 02C) S-8 CERAGON NETWORKS LTD, 24 RAOUL WALLENBERG ST, 972-3-645-5733, TEL AVIV ISRAEL, L3, 69719, 0119723645 - 2,125,000 ($7,947,500.00) Equity, (File 333-187953 - Apr. 17) (BR. 11A) S-8 GLOBAL EARTH ENERGY, INC., 1213 CULBERTH DRIVE, WILLMINGTON, NC, 28405, (910) 270-7749 - 250,000,000 ($200,000.00) Equity, (File 333-187954 - Apr. 17) (BR. 08C) N-2 CORNERSTONE PROGRESSIVE RETURN FUND, C/O ULTIMUS FUND SOLUTIONS, LLC, 350 JERICHO TURNPIKE, SUITE 206, JERICHO, NY, 11753, (646) 881-4985 - 180,506 ($1,000,003.00) Equity, (File 333-187955 - Apr. 17) (BR. 16) S-4 Affinity Gaming, 3755 BREAKTHROUGH WAY, SUITE 300, LAS VEGAS, NV, 89135, (702) 341-2400 - 0 ($200,000,000.00) Debt, (File 333-187961 - Apr. 17) (BR. 08C) S-8 Bering Exploration, Inc., 710 POST OAK, SUITE 410, HOUSTON, TX, 77024, 713-780-0806 - 4,000,000 ($860,000.00) Equity, (File 333-187962 - Apr. 17) (BR. 04B) S-8 NV5 Holdings, Inc., 200 SOUTH PARK ROAD, SUITE 350, HOLLYWOOD, FL, 33021, (954) 495-2112 - 0 ($3,999,084.10) Equity, (File 333-187963 - Apr. 17) (BR. 11C) S-3 URANIUM RESOURCES INC /DE/, 405 STATE HIGHWAY BYPASS 121, BUILDING A, SUITE 110, LEWISVILLE, TX, 75067, 9722193330 - 0 ($4,565,037.30) Equity, (File 333-187964 - Apr. 17) (BR. 09A) F-1 LightInTheBox Holding Co., Ltd., 25F, Tower A, Ocean International Center, No. 56 East Forth Ring Rd, Chaoyang Dist, Beijing, F4, 100025, 86-10-5908-0008 - 0 ($86,250,000.00) ADRs/ADSs, (File 333-187965 - Apr. 17) (BR. 02) S-8 KID BRANDS, INC, ONE MEADOWLANDS PLAZA, 8TH FLOOR, EAST RUTHERFORD, NJ, 07073, 2014052400 - 0 ($302,000.00) Equity, (File 333-187966 - Apr. 17) (BR. 06C) S-11 Western Asset Mortgage Capital Corp, 385 EAST COLORADO BOULEVARD, PASADENA, CA, 91101, 626-844-9400 - 0 ($100,000,000.00) Equity, (File 333-187967 - Apr. 17) (BR. 08A) S-4 URS CORP /NEW/, 600 MONTGOMERY STREET, 26TH FLOOR, SAN FRANCISCO, CA, 94111, 4157742700 - 0 ($1,000,000,000.00) Debt, (File 333-187968 - Apr. 17) (BR. 06A) N-2 THL Credit, Inc., 100 FEDERAL STREET, 31ST FLOOR, BOSTON, MA, 02110, (800) 450-4424 - 0 ($85,878,550.00) Unallocated (Universal) Shelf, (File 333-187969 - Apr. 17) (BR. 16) S-4 CC Holdings GS V LLC, 1220 AUGUSTA DRIVE, SUITE 500, HOUSTON, TX, 77057, 713-570-3000 - 0 ($1,500,000,000.00) Debt, (File 333-187970 - Apr. 17) (BR. ) F-1 Votorantim Cimentos S.A., PRA?A PROF. JOS? LANNES N.40-9TH FLOOR, BAIRRO CIDADE MON??ES, S?O PAULO, D5, 04571-000, 011-55-3704-3028 - 0 ($5,400,000,000.00) Other, (File 333-187972 - Apr. 17) (BR. 06B)
Form 8-K is used by companies to file current reports on the following events:
8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT ABBOTT LABORATORIES IL 2.02,9.01 04/17/13 ABIOMED INC DE 2.02,9.01 04/17/13 ACADIA REALTY TRUST MD 8.01,9.01 04/15/13 ACNB CORP PA 8.01,9.01 04/16/13 Actinium Pharmaceuticals, Inc. NV 5.03,9.01 04/11/13 ACTIVE POWER INC DE 5.02 04/16/13 Affinity Gaming NV 8.01,9.01 04/16/13 ALBEMARLE CORP VA 2.02,9.01 04/17/13 Aleris Corp DE 8.01,9.01 04/16/13 Ally Master Owner Trust 1.01,8.01,9.01 04/16/13 AMBASSADORS GROUP INC DE 5.02,8.01,9.01 04/08/13 AMERICAN EXPRESS CO NY 2.02,7.01 04/17/13 American Realty Capital Properties, I MD 7.01,9.01 04/15/13 AMEND APPLIED ENERGETICS, INC. DE 5.02,9.01 04/12/13 APRICUS BIOSCIENCES, INC. NV 8.01,9.01 04/15/13 APTARGROUP INC DE 5.03,9.01 04/17/13 ASTORIA FINANCIAL CORP DE 2.02,8.01,9.01 04/17/13 ASURE SOFTWARE INC DE 3.01,9.01 04/11/13 ATLAS PIPELINE PARTNERS LP DE 1.01,3.02,7.01,9.01 04/16/13 AUTOINFO, INC DE 8.01 04/15/13 Bacterin International Holdings, Inc. DE 7.01,9.01 04/17/13 BALTIA AIR LINES INC NY 8.01 04/17/13 BANK OF AMERICA CORP /DE/ DE 2.02,7.01,9.01 04/17/13 Bank of New York Mellon CORP DE 2.02,9.01 04/17/13 BeesFree, Inc. NV 5.02,9.01 04/15/13 BioDrain Medical, Inc. MN 5.02,5.07 04/15/13 BioDrain Medical, Inc. MN 1.02,5.02 01/31/10 AMEND BioFuel Energy Corp. 1.01 04/11/13 BOSTON PRIVATE FINANCIAL HOLDINGS INC MA 1.01,8.01,9.01 04/17/13 BPZ RESOURCES, INC. TX 7.01,9.01 04/16/13 CAMPBELL FUND TRUST DE 3.02 04/17/13 CAPITAL SOUTHWEST CORP TX 8.01,9.01 04/15/13 Capitol Federal Financial Inc MD 7.01,9.01 04/17/13 CAS MEDICAL SYSTEMS INC DE 7.01,9.01 04/17/13 CENTRAL VALLEY COMMUNITY BANCORP CA 2.02,9.01 04/17/13 CHEMICAL FINANCIAL CORP MI 5.07 04/15/13 ChemoCentryx, Inc. DE 8.01,9.01 04/16/13 China Carbon Graphite Group, Inc. NV 2.02,9.01 04/17/13 CHINA FUND INC MD 7.01,9.01 03/30/13 China Liaoning Dingxu Ecological Agri NV 1.01 11/05/12 ChinaNet Online Holdings, Inc. NV 2.02,8.01,9.01 04/17/13 Chineseinvestors.com, Inc. IN 8.01 04/17/13 CHROMCRAFT REVINGTON INC DE 2.02,8.01,9.01 04/16/13 CIRRUS LOGIC INC DE 2.02,9.01 04/16/13 CITIBANK CREDIT CARD ISSUANCE TRUST DE 8.01 04/16/13 CITIGROUP INC DE 8.01 04/17/13 CITIZENS & NORTHERN CORP PA 8.01,9.01 04/17/13 Clearwire Corp /DE DE 8.01,9.01 04/16/13 CMS ENERGY CORP MI 7.01,9.01 04/17/13 CNB FINANCIAL CORP/PA PA 5.07,8.01,9.01 04/16/13 COHEN & STEERS INC DE 2.02,9.01 04/17/13 Community Partners Bancorp NJ 8.01,9.01 04/17/13 COMMUNITY TRUST BANCORP INC /KY/ KY 2.02,7.01,9.01 03/31/13 CONCHO RESOURCES INC DE 1.01,2.03,9.01 04/15/13 Copano Energy, L.L.C. 1.01,9.01 04/17/13 CORE LABORATORIES N V P7 2.02,9.01 04/17/13 COVANTA HOLDING CORP DE 2.02,7.01,9.01 04/17/13 CRC Health CORP DE 5.02 04/17/13 CRIMSON EXPLORATION INC. 7.01,9.01 04/17/13 CROWN HOLDINGS INC PA 2.02,9.01 04/17/13 CUBIC CORP /DE/ DE 5.07 04/16/13 CYS Investments, Inc. MD 2.02,9.01 04/17/13 DAVE & BUSTERS INC MO 2.02,9.01 04/16/13 DEPOMED INC CA 8.01 04/17/13 Diamond Resorts Corp MD 1.01,2.03,9.01 04/11/13 DIGITALGLOBE, INC. DE 7.01,9.01 04/17/13 DONEGAL GROUP INC DE 2.02,9.01 04/17/13 DOVER Corp DE 2.02,9.01 04/17/13 DTE ENERGY CO MI 8.01,9.01 04/17/13 DXP ENTERPRISES INC TX 5.02,9.01 04/17/13 DYNEGY INC. DE 7.01,9.01 04/16/13 EAGLE FINANCIAL SERVICES INC VA 8.01,9.01 04/17/13 EAGLE ROCK ENERGY PARTNERS L P DE 7.01,9.01 04/17/13 EAST WEST BANCORP INC 2.02,9.01 04/17/13 EAST WEST BANCORP INC 7.01 04/17/13 EBAY INC DE 2.02,9.01 04/17/13 ECHELON CORP DE 5.02 04/12/13 Echo Global Logistics, Inc. DE 5.02,9.01 04/12/13 ECOSPHERE TECHNOLOGIES INC DE 8.01 04/15/13 EFLO ENERGY, INC. NV 8.01 04/17/13 El Paso Pipeline Partners, L.P. DE 2.02,9.01 04/17/13 Energy Transfer Partners, L.P. DE 5.03,9.01 04/17/13 EnergySolutions, Inc. DE 7.01 04/17/13 Engility Holdings, Inc. DE 3.01 04/16/13 ENVESTNET, INC. DE 8.01,9.01 04/11/13 ERBA Diagnostics, Inc. DE 2.02,9.01 04/17/13 Erickson Air-Crane Inc DE 7.01,9.01 04/17/13 ESCO TECHNOLOGIES INC MO 2.02,7.01,9.01 04/17/13 Ever-Glory International Group, Inc. FL 2.02,9.01 04/15/13 EXPONENT INC DE 2.02,7.01,9.01 04/17/13 FIFTH THIRD BANCORP OH 5.07 04/16/13 First Bancorp, Inc /ME/ ME 2.02,9.01 04/17/13 FIRST CASH FINANCIAL SERVICES INC DE 2.02,9.01 04/17/13 FIRST OF LONG ISLAND CORP NY 5.07 04/16/13 First Trinity Financial CORP OK 5.02,9.01 04/10/13 AMEND FLEXSTEEL INDUSTRIES INC MN 2.02,9.01 04/16/13 FOREST CITY ENTERPRISES INC OH 1.01,3.02,9.01 04/16/13 FOREST OIL CORP NY 1.01,2.01,9.01 04/11/13 Fortegra Financial Corp DE 4.01 04/17/13 AMEND FREEPORT MCMORAN COPPER & GOLD INC DE 5.03,9.01 04/17/13 FRONTIER FUND DE 8.01 04/17/13 GE Dealer Floorplan Master Note Trust DE 1.01,9.01 04/17/13 GEOGLOBAL RESOURCES INC. DE 8.01,9.01 04/17/13 Global Vision Holdings, Inc. NV 1.01,2.01, 04/11/13 2.03,3.02,9.01 Gold Hill Resources, Inc. NV 1.01,5.02 04/15/13 GREENHILL & CO INC DE 2.02,9.01 04/17/13 GUIDED THERAPEUTICS INC DE 7.01,9.01 04/17/13 HAMPTON ROADS BANKSHARES INC VA 2.05,7.01,8.01,9.01 04/17/13 HD SUPPLY, INC. DE 2.02,9.01 04/12/13 HEARTLAND FINANCIAL USA INC DE 7.01,9.01 04/17/13 hhgregg, Inc. DE 7.01 04/17/13 High Plains Gas, Inc. NV 1.01,3.02, 04/16/13 5.01,5.02,9.01 Highbridge Commodities FuturesAccess DE 3.02 04/12/13 HINTO ENERGY, INC WY 7.01,9.01 04/17/13 HORIZON BANCORP /IN/ IN 2.02,9.01 04/17/13 HUNTINGTON BANCSHARES INC/MD MD 2.02,9.01 04/17/13 IMAGE SENSING SYSTEMS INC MN 5.02,9.01 04/12/13 INTEL CORP DE 2.02 04/16/13 INTELSAT INVESTMENTS S.A. N4 8.01 04/11/13 INTERMOLECULAR INC DE 1.01 04/12/13 INTERMOLECULAR INC DE 1.01 04/12/13 Intrepid Potash, Inc. DE 2.02,7.01,9.01 04/17/13 Inventtech Inc. NV 1.01,5.02,9.01 04/16/13 INVIVO THERAPEUTICS HOLDINGS CORP. NV 5.02 04/15/13 IVANHOE ENERGY INC 7.01,9.01 04/16/13 KAMAN CORP CT 5.02,5.07 04/17/13 Keyuan Petrochemicals, Inc. NV 8.01,9.01 04/17/13 KID BRANDS, INC NJ 2.02,9.01 04/17/13 KINDER MORGAN ENERGY PARTNERS L P DE 2.02,9.01 04/17/13 KINDER MORGAN, INC. DE 2.02,9.01 04/17/13 LaSalle Hotel Properties MD 2.02,9.01 04/17/13 LIBERTY ENERGY CORP. NV 1.01,3.02,9.01 04/10/13 LINEAR TECHNOLOGY CORP /CA/ DE 2.02,9.01 04/16/13 LOGITECH INTERNATIONAL SA 5.02,9.01 04/12/13 M&T BANK CORP NY 5.07 04/16/13 Mandalay Digital Group, Inc. DE 9.01 04/12/13 AMEND Mascot Ventures, Inc. NV 1.01,5.02,9.01 04/15/13 MATTEL INC /DE/ DE 2.02,8.01,9.01 04/17/13 MAXIMUS INC VA 8.01 04/16/13 Measurement Specialties Inc NJ 1.01,2.01,9.01 04/17/13 MEDGENICS, INC. DE 5.02 04/12/13 AMEND MEDICINOVA INC DE 8.01 04/17/13 Memorial Production Partners LP DE 1.01,2.03,8.01,9.01 04/12/13 MetaStat, Inc. NV 1.01,5.02,9.01 04/12/13 MGT CAPITAL INVESTMENTS INC DE 7.01 04/10/13 MICROSTRATEGY INC DE 5.02 04/11/13 MIDDLEFIELD BANC CORP OH 5.02,9.01 04/15/13 Midway Gold Corp A1 5.02,7.01,9.01 04/17/13 ML BlueTrend FuturesAccess LLC DE 3.02 04/12/13 MOSAIC CO 5.02 04/11/13 Net Element International, Inc. E9 1.01,1.02,2.01, 04/15/13 5.02,8.01,9.01 NeurogesX Inc CA 1.01 04/15/13 New Source Energy Partners L.P. DE 2.02,9.01 04/17/13 New Source Energy Partners L.P. DE 2.02,9.01 04/17/13 AMEND NEWS CORP 8.01,9.01 04/17/13 Noble Corp / Switzerland V8 2.02,9.01 04/17/13 NORTHERN TRUST CORP DE 5.05,9.01 04/16/13 NORTHERN TRUST CORP DE 5.07 04/16/13 OCWEN FINANCIAL CORP FL 5.02,8.01 04/15/13 Ortus Currency FuturesAccess LLC DE 3.02 04/12/13 OWENS MORTGAGE INVESTMENT FUND A CALI CA 5.07 04/17/13 PACWEST BANCORP DE 2.02,9.01 04/17/13 Pebblebrook Hotel Trust MD 7.01 04/16/13 Peoples Federal Bancshares, Inc. 8.01,9.01 04/17/13 Pinnacle Foods Finance LLC DE 8.01,9.01 04/17/13 Pinnacle Foods Inc. DE 8.01,9.01 04/17/13 PIPER JAFFRAY COMPANIES DE 2.02,9.01 04/17/13 PIPER JAFFRAY COMPANIES DE 1.01,7.01,9.01 04/16/13 PITOOEY!, INC. NV 5.01 04/16/13 PLATINUM UNDERWRITERS HOLDINGS LTD D0 2.02,9.01 04/17/13 PLURISTEM THERAPEUTICS INC NV 8.01 04/11/13 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 04/17/13 PNC FINANCIAL SERVICES GROUP, INC. PA 2.02,9.01 04/17/13 Poage Bankshares, Inc. MD 8.01,9.01 04/16/13 POWIN CORP 1.01,8.01,9.01 04/15/13 PRIMUS TELECOMMUNICATIONS GROUP INC DE 1.01,2.01,7.01,9.01 04/17/13 PROSPECT GLOBAL RESOURCES INC. NV 2.03,9.01 04/15/13 QUEST DIAGNOSTICS INC DE 2.02,9.01 04/17/13 Rally Software Development Corp DE 1.01,3.02,5.03,9.01 04/17/13 Revett Minerals Inc. A6 8.01,9.01 04/16/13 Revolutions Medical CORP NV 8.01,9.01 04/16/13 RLI CORP IL 2.02,9.01 04/17/13 Rockville Financial, Inc. /CT/ CT 8.01 04/17/13 RTI INTERNATIONAL METALS INC OH 1.01,2.03,8.01,9.01 04/11/13 SaasMAX, Inc. NV 1.01 04/17/13 SANDISK CORP DE 2.02,9.01 04/17/13 SANTARUS INC DE 8.01,9.01 04/17/13 SAUER DANFOSS INC DE 2.01,3.01,3.03, 04/12/13 5.02,5.03,9.01 SELECT COMFORT CORP MN 2.02,9.01 04/17/13 SENOMYX INC DE 5.02 04/11/13 SHENANDOAH TELECOMMUNICATIONS CO/VA/ VA 5.07,7.01,9.01 04/16/13 SIGNATURE GROUP HOLDINGS, INC. NV 5.02,9.01 04/11/13 SILICON LABORATORIES INC DE 5.07 04/16/13 SINCLAIR BROADCAST GROUP INC MD 1.01 04/11/13 SKECHERS USA INC DE 4.01,4.02,8.01,9.01 04/08/13 AMEND SLM CORP DE 2.02,9.01 04/17/13 SOUTH AMERICAN GOLD CORP. NV 1.01,3.02,9.01 03/28/13 SPECIALTY CONTRACTORS, INC. NV 5.02 04/17/13 SPEEDWAY MOTORSPORTS INC DE 2.04 04/15/13 SPEEDWAY MOTORSPORTS INC DE 5.07 04/16/13 ST JUDE MEDICAL INC MN 2.02,9.01 04/17/13 Starz DE 7.01,9.01 04/15/13 STEIN MART INC FL 3.01,9.01 04/15/13 Stereotaxis, Inc. DE 5.02,9.01 02/28/13 AMEND Stevia First Corp. NV 5.07 04/11/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 04/15/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 04/15/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 04/15/13 STRUCTURED OBLIGATIONS CORP SELECT NO DE 8.01,9.01 04/15/13 STRUCTURED OBLIGATIONS CORP SELECT NO DE 8.01,9.01 04/15/13 Sundance Strategies, Inc. NV 5.03,7.01,9.01 04/17/13 SYNERGY PHARMACEUTICALS, INC. DE 8.01,9.01 04/16/13 TANDY BRANDS ACCESSORIES INC DE 2.02,9.01 04/17/13 Taylor Morrison Home Corp DE 1.01,2.03,8.01,9.01 04/11/13 TELESTONE TECHNOLOGIES CORP CO 8.01,9.01 04/16/13 TEXTRON INC DE 2.02,9.01 04/17/13 THERAVANCE INC DE 7.01,9.01 04/17/13 Toyota Auto Receivables 2013-A Owner DE 8.01,9.01 04/16/13 Toyota Auto Receivables 2013-A Owner DE 1.01,9.01 04/16/13 Travelport LTD D0 1.01,2.03,8.01,9.01 04/11/13 Triangle Petroleum Corp DE 1.01,2.03,9.01 04/11/13 Trinity Place Holdings Inc. DE 5.02 04/11/13 Tungsten Corp. NV 1.01,2.01,3.02, 04/08/13 AMEND 5.02,5.06,9.01 UNION BANKSHARES INC VT 2.02,8.01,9.01 04/17/13 UNITED RENTALS INC /DE DE 2.02,7.01,9.01 04/16/13 UniTek Global Services, Inc. DE 3.01,7.01,9.01 04/16/13 UNIVERSAL FOREST PRODUCTS INC MI 2.02,9.01 04/17/13 UNIVERSAL HOSPITAL SERVICES INC MN 5.02 04/12/13 URANIUM RESOURCES INC /DE/ DE 8.01,9.01 04/17/13 URS CORP /NEW/ DE 8.01,9.01 04/17/13 US CONCRETE INC DE 5.02 04/16/13 VAALCO ENERGY INC /DE/ DE 5.02,7.01,9.01 04/12/13 VERISIGN INC/CA DE 1.01,2.03,9.01 04/16/13 VIRTUAL PIGGY, INC. DE 5.02,9.01 04/12/13 Volcano Corp DE 8.01 04/16/13 WABASH NATIONAL CORP /DE DE 2.02 04/17/13 WAGEWORKS, INC. DE 5.02,5.07,9.01 04/16/13 Wendy's Co DE 1.01,9.01 04/16/13 WESBANCO INC WV 7.01,9.01 04/17/13 WESTERN CAPITAL RESOURCES, INC. MN 5.02 04/11/13 WET SEAL INC DE 5.02,9.01 04/16/13 WINMARK CORP MN 2.02,7.01,9.01 04/17/13 WSB Holdings Inc DE 5.07 04/15/13 YTB International, Inc. DE 1.01 03/12/13 ZBB ENERGY CORP WI 7.01,9.01 04/17/13 ZHONE TECHNOLOGIES INC DE 2.02,9.01 04/17/13