Commission Announces Fraud Charges Against Collateral Manager of CDO
The Securities and Exchange Commission (Commission) today announced charges against a Morristown, N.J.-based investment advisory firm and its owner for misleading investors in a collateralized debt obligation (CDO) and breaching their fiduciary duties.
The SEC's Enforcement Division alleges that Harding Advisory LLC and Wing F. Chau compromised their independent judgment as collateral manager to a CDO named Octans I CDO Ltd. in order to accommodate trades requested by a third-party hedge fund firm whose interests were not necessarily aligned with the debt investors. Harding agreed to give the hedge fund firm rights in the process of selecting and acquiring a portfolio of subprime mortgage-backed assets to serve as collateral for debt instruments issued to investors in the CDO. These rights, which were not disclosed to investors, included the right to veto Harding's proposed selections during the "warehouse" phase that preceded issuance of the CDO's debt instruments. The influence of the hedge fund firm led Harding to select assets that its own credit analysts disfavored.
"A collateral manager's independent selection of assets is an important selling point to potential CDO investors," said George S. Canellos, co-director of the SEC's Division of Enforcement. "Investors had a right to know that Harding and Chau had chosen to accommodate the interests of others and abandon their own obligations to act in the best interests of the CDO they advised."
According to the SEC's order instituting proceedings, the hedge fund firm was Magnetar Capital LLC, which had invested in the equity of the CDO. Merrill Lynch, Pierce, Fenner & Smith Inc. structured and marketed the CDO, which closed on Sept. 26, 2006. Merrill Lynch, Magnetar, and Harding agreed in the spring of 2006 that Harding would serve as collateral manager for the CDO. Chau understood that Magnetar was interested in investing as the equity buyer in CDO transactions, and that Magnetar's strategy included "hedging" its equity positions in CDOs by betting against the debt issued by the CDOs. Because Magnetar stood to profit if the CDOs failed to perform, Chau knew that Magnetar's interests were not necessarily aligned with investors in the debt tranches of Octans I, whose investment depended solely on the CDO performing well.
The SEC's Enforcement Division alleges that while assembling the collateral for Octans I, Chau and Harding allowed Magnetar an undisclosed influence over the selection process. Harding's own credit analysis of many of the selected assets was disregarded, and Magnetar's influence over the portfolio was omitted from materials used to solicit investors for the CDO. Chau and Harding misrepresented the standard of care that Harding would use in acquiring collateral for Octans I.
The SEC's Enforcement Division further alleges that Harding and Chau breached their advisory obligations to several other CDOs for which they served as investment managers. As a favor to Merrill Lynch and Magnetar, Harding and Chau purchased bonds for those CDOs that Chau and Harding disfavored. In accepting the bonds, Chau wrote in an e-mail to the head of CDO syndication at Merrill Lynch, "I never forget my true friends."
The SEC's Division of Enforcement alleges that by engaging in the conduct described in the SEC's order, Harding and Chau violated Section 17(a) of the Securities Act of 1933 and Section 206 of the Investment Advisers Act of 1940. Chau also is charged with aiding and abetting and causing Harding's violations. The proceedings before an administrative law judge will determine what relief against Harding and Chau is in the public interest.
The SEC's investigation, which is continuing, has been conducted by staff in the Complex Financial Instruments Unit and the New York Regional Office, including Steven Rawlings, Brenda Chang, Elisabeth Goot, Sharon Bryant, Kapil Agrawal, Howard Fischer, Daniel Walfish, and Douglas Smith. The investigation stemmed from a referral by the New York office's Investment Adviser/Investment Company examination program including William Delmage, George DeAngelis, Luis Casais, Syed Husain, James Sawicki, and Edward Moy. The enforcement case was supervised by Reid Muoio, and the litigation will be led by Mr. Fischer, Mr. Walfish, Ms. Goot, and Ms. Chang. (Press Rel. 2013-224; Rel. 33-9467)
In the Matter of Daniel J. Gallagher
The Commission announced the issuance of an Amended Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, and Sections 15(b) and 21C of the Securities Exchange Act of 1934 (Order) against Daniel James Gallagher. In the Order, the Division of Enforcement (Division) alleges that from October 2009 through July 2010, Gallagher raised at least $427,000 from twelve investors through the fraudulent sale of securities of Nano Acquisition Group, LLC (NAG), an entity that Gallagher formed. The Division also alleges that notwithstanding Gallagher's oral representations to investors that their funds would be used by NAG to acquire or develop certain nanotechnology assets, and written representations to the same effect contained in NAG's offering materials, Gallagher withdrew over 90 percent of the funds raised for his personal use. The Division further alleges that Gallagher began to misappropriate investors' funds almost as soon as NAG was formed and even as he continued to raise additional money from investors. As a result of this conduct, the Division alleges, Gallagher willfully violated Section 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
The Division further alleges that on April 9, 2012, in a case entitled United States v. Gallagher, 11-CR-806 (E.D.N.Y.)(LDW), a jury convicted Gallagher of one count of securities fraud and two counts of wire fraud based on the same conduct alleged in the Order, and alleges that Gallagher was sentenced to a thirty-one month term of imprisonment, to be followed by a thirty-six month term of supervised release.
A hearing will be scheduled before an Administrative Law Judge to determine whether the allegations in the Order are true, to afford Gallagher an opportunity to dispute the allegations, and to determine what, if any, remedial action is appropriate in the public interest against Gallagher pursuant to Section 8A of the Securities Act and Sections 15(b) and 21C of the Exchange Act, including, but not limited to, an order requiring Gallagher to cease and desist from current and future violations of Section 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder; and to pay disgorgement and prejudgment interest pursuant to Section 21B of the Exchange Act. Pursuant to the Order, the Administrative Law Judge shall issue an initial decision no later than 300 days from the date of service of the Order. (Rel. 33-9468)
Commission Alleges Yuhe International, Inc., and Its CEO Made False Statements Regarding Purported Acquisition
On October 18, 2013, the Commission charged Yuhe International, Inc. ("Yuhe"), a China-based provider of broiler chickens, and its Chief Executive Officer, Gao Zhentao ("Gao") with fraud based on false public statements concerning an acquisition Yuhe claimed to have executed in 2009. Specifically, the complaint alleges that between approximately December 2009 and June 2011, Yuhe misled its public investors by disseminating a series of materially false statements concerning a purported acquisition of additional chicken farms for more than $15 million. In October 2010, Yuhe completed a public offering in the United States, selling more than four million shares of its common stock and generating net proceeds in excess of $27 million. The complaint alleges that, in truth, the acquisition never occurred, a fact that was admitted by Yuhe during an investor conference call in June 2011 and a subsequent filing on Form 8-K on June 23, 2011.
The complaint alleges that Yuhe violated Section 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and 14(a) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 14a-3, and 14a-9, thereunder. The complaint further alleges that Gao violated Section 17(a) of the Securities Act, Sections 10(b), 13(b)(5), and 14(a) of the Exchange Act, and Rules 10b-5, 13a-14, 13b2-1, 14a-3, and 14a-9, thereunder, and aided and abetted Yuhe's violations of Section 17(a) of the Securities Act, Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and 14(a) of the Exchange Act, and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 14a-3, and 14a-9, thereunder. The Commission's complaint seeks permanent injunctions, civil penalties, disgorgement plus prejudgment interest, an officer and director bar against Gao, and other relief. [SEC v. Yuhe International, Inc., and Gao Zhentao, Civil Action No. 1:13-CV-01598-RCL, USDC DDC] (LR- 22848).
In the Matter of James A. Philbrook
The Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Notice of Hearing (Order) against James A. Philbrook, a resident of Manchester, New Hampshire. The Order alleges that on November 2, 2012, Respondent was convicted in Maine Superior Court of one count of theft by misapplication of property and one count of violating the Maine Uniform Securities Act, in connection with misconduct that he engaged in from June 2005 to July 2006, while associated with The O.N. Equity Sales Company, a broker-dealer registered with the Commission. According to the Order, the counts of the criminal indictment pursuant to which Respondent was convicted alleged, among other things, that he obtained money from two individuals, misrepresented that he intended to make investments on their behalf in a pay-per-view television event and a college-funding business venture, and diverted their money for his own personal use. The Order further alleges that Respondent was sentenced to a prison term of eight years with all but three years suspended, ordered placed on probation for three years upon completion of his unsuspended term of imprisonment, and ordered to make restitution in the amount of $195,000.
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 what, if any, remedial action is appropriate in the public interest. The Order requires an Administrative Law Judge to issue an initial decision no later than 210 days from the date of service of the Order, pursuant to Rule 360(a)(2) of the Commission's Rules of Practice. (Rel. 34-70716).
Investment company orders
Syntax Analytics, LLC and Syntax ETF Trust
A notice has been issued giving interested persons until November 12, 2013, to request a hearing on an application filed by Syntax Analytics, LLC and Syntax ETF Trust for an order to permit: (a) actively-managed series of certain open-end management investment companies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days from the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares. (Rel. IC-30747)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change (SR-NYSE-2013-70) filed by New York Stock Exchange LLC to replace certain references to "Member" with references to "Member Organization" in the Rule 9000 series 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 October 21st. (Rel. 34-70711)
A proposed rule change filed by the EDGA Exchange, Inc. ("EDGA") (SR-EDGA-2013-31) to amend EDGA Rule 4.3, Record of Written Complaints, to conform to the Financial Industry Regulatory Authority, Inc. Rule 4513, Records of Written Complaints, 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 October 21st. (Rel. 34-70715)
A proposed rule change filed by the EDGX Exchange, Inc. ("EDGX") (SR-EDGX-2013-39) to amend EDGX Rule 4.3, Record of Written Complaints, to conform to the Financial Industry Regulatory Authority, Inc. Rule 4513, Records of Written Complaints, 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 October 21st. (Rel. 34-70714)
A proposed rule change filed by NYSE MKT LLC amending Rule 975NY (SR-NYSEMKT-2013-81) 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 October 21st. (Rel. 34-70717)
A proposed rule change filed by NYSE Arca, Inc. amending NYSE Arca Options Rule 6.87 (SR-NYSEArca-2013-104) 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 October 21st. (Rel. 34-70718)
The Options Clearing Corporation (OCC) filed a proposed rule change (SR-OCC-2013-16) pursuant Section 19(b)(1) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 19b-4 thereunder, which became effective upon filing, to reflect enhancements in OCC's System for Theoretical Analysis and Numerical Simulations as applied to longer-tenor options. OCC also filed the proposal as an advance notice (SR-OCC-2013-803) pursuant to Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision Act of 2010 and Rule 19b-4(n) of Exchange Act. The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed. The Commission will consider all public comments received on this proposal regardless of whether the comments are submitted in response to the proposed rule change (SR-OCC-2013-16) or the advance notice (SR-OCC-2013-803). Publication is expected in the Federal Register during the week of October 21st. (Rel. 34-70719)
Approval of Proposed Rule Change
The Commission granted approval of a proposed rule change filed by New York Stock Exchange LLC (SR-NYSE-2013-07) amending NYSE Rules 451 and 465, and the related provisions of Section 402.10 of the NYSE Listed Company Manual, which provide a schedule for the reimbursement of expenses by issuers to NYSE member organizations for the processing of proxy materials and other issuer communications provided to investors holding securities in street name, and to establish a five-year fee for the development of enhanced brokers internet platforms. Publication is expected in the Federal Register during the week of October 21st. (Rel. 34-70720)
Notice of No Objection to Advance Notice
The Commission has issued a notice of no objection to an advance notice (File No. SR-OCC-2013-803), filed by The Options Clearing Corporation (OCC) under Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision Act of 2010 and Rule 19b-4(n) of the Securities Exchange Act of 1934 (Exchange Act) to reflect enhancements in OCC's System for Theoretical Analysis and Numerical Simulations as applied to longer-tenor options. OCC also filed the proposal as a proposed rule change (File No. SR-OCC-2013-16) pursuant Section 19(b)(1) of the Exchange Act and Rule 19b-4 thereunder. The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed. Publication is expected in the Federal Register during the week of October 21st. (Rel. 34-70709)
Designation of Longer Period for Commission Action on Proposed Rule Changes
The Commission has designated a longer period for Commission action under Section 19(b)(2) of the Securities Exchange Act of 1934 on a proposed rule change (SR-NYSE-2013-21) filed by the New York Stock Exchange LLC and a proposed rule change (SR-NYSEMKT-2013-25) filed by NYSE MKT LLC amending NYSE Rule 104 and NYSE MKT Rule 104 – Equities to codify certain traditional trading floor functions that may be performed by designated market makers, to make exchange systems available to DMMs that would provide DMMs with certain market information, to amend the exchanges' rules governing the ability of DMMs to provide market information to floor brokers, and to make conforming amendments to other rules. Publication is expected in the Federal Register during the week of October 21st. (Rel. 34-70713)
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-3 Cardiovascular Systems Inc, 651 CAMPUS DRIVE, ST. PAUL, MN, 55112, 651-259-1600 - 0 ($75,000,000.00) Unallocated (Universal) Shelf, (File 333-191768 - Oct. 17) (BR. 10A) S-4 MB FINANCIAL INC /MD, 800 WEST MADISON STREET, CHICAGO, IL, 60607, 888-422-6562 - 0 ($778,371,653.00) Equity, (File 333-191770 - Oct. 17) (BR. 07C) S-1 Fantex, Inc., 330 TOWNSEND ST., SUITE 234, SAN FRANCISCO, CA, 94107, 650-619-2689 - 0 ($10,550,000.00) Equity, (File 333-191772 - Oct. 17) (BR. 05A) S-8 F5 NETWORKS INC, 401 ELLIOT AVE WEST, STE 500, SEATTLE, WA, 98119, 2062725555 - 0 ($5,310,600.00) Equity, (File 333-191773 - Oct. 17) (BR. 03B) S-1 Axion Power International, Inc., 3601 CLOVER LANE, NEW CASTLE, PA, 16105, 905-264-1991 - 65,330,714 ($7,513,032.11) Debt, (File 333-191774 - Oct. 17) (BR. 10A) S-8 SunOpta Inc., 2838 BOVAIRD DRIVE WEST, BRAMPTON, A6, L7A 0H2, (905) 455-1990 - 1,250,000 ($12,412,500.00) Equity, (File 333-191777 - Oct. 17) (BR. 05C) S-8 Galenfeha, Inc., 2705 BROWN TRAIL, SUITE 100, BEDFORD, TX, 76021, 800-280-2404 - 100,000,000 ($5,000,000.00) Equity, (File 333-191778 - Oct. 17) (BR. 06A) S-3 OMEROS CORP, 201 ELLIOT AVENUE WEST, SEATTLE, WA, 98119, 206-676-5000 - 0 ($55,625,586.27) Unallocated (Universal) Shelf, (File 333-191779 - Oct. 17) (BR. 01A) S-8 JAMMIN JAVA CORP., 4730 TEJON STREET, DENVER, CO, 80211, 323-556-0746 - 12,000,000 ($4,980,000.00) Equity, (File 333-191780 - Oct. 17) (BR. 09A) S-3ASR EQT Corp, 625 LIBERTY AVENUE, SUITE 1700, PITTSBURGH, PA, 15222, 4125535700 - 0 ($0.00) Other, (File 333-191781 - Oct. 17) (BR. 02C) S-1 STEMLINE THERAPEUTICS INC, 750 LEXINGTON AVENUE, NEW YORK, NY, 10022, 212-831-1111 - 0 ($90,000,000.00) Equity, (File 333-191782 - Oct. 17) (BR. 01B) S-1 GlobalOptions Group, Inc., TWO HIGH RIDGE PARK, STAMFORD, CT, 06905, 203-461-7200 - 0 ($28,916,352.00) Equity, (File 333-191783 - Oct. 17) (BR. 03) F-1 Navigator Holdings Ltd., 21 PALMER STREET, LONDON, X0, SW1H 0AD, 44 (0) 20 7340 4852 - 0 ($200,000,000.00) Equity, (File 333-191784 - Oct. 17) (BR. 05B) S-1 SENESCO TECHNOLOGIES INC, 34 CHAMBERS STREET, PO BOX 3303, PRINCETON, NJ, 08542, 908-864-4444 - 0 ($10,000,000.00) Equity, (File 333-191785 - Oct. 17) (BR. 01A) S-8 AMEREN CORP, 1901 CHOUTEAU AVE, MC 1370, ST LOUIS, MO, 63166-6149, 314-621-3222 - 0 ($141,620,000.00) Equity, (File 333-191786 - Oct. 17) (BR. 02B)
Recent 8K Filings
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 ACACIA RESEARCH CORP DE 2.02,9.01 10/17/13 ACORN ENERGY, INC. DE 8.01,9.01 10/17/13 Adamis Pharmaceuticals Corp DE 1.01,5.02,5.07 10/15/13 ADVANCED MICRO DEVICES INC DE 2.02,7.01,9.01 10/17/13 Advaxis, Inc. DE 1.01,3.02,9.01 10/16/13 AIR PRODUCTS & CHEMICALS INC /DE/ DE 5.02 10/10/13 ALBANY MOLECULAR RESEARCH INC DE 5.02,9.01 10/16/13 ALCO STORES INC KS 8.01,9.01 10/17/13 ALIGN TECHNOLOGY INC DE 2.02,9.01 10/17/13 ALLEGHENY TECHNOLOGIES INC DE 2.02,2.05,9.01 10/14/13 ALLIANCE DATA SYSTEMS CORP DE 2.02,7.01,9.01 10/17/13 Allied World Assurance Co Holdings, A 5.07,8.01,9.01 10/17/13 AMAG PHARMACEUTICALS INC. DE 7.01,9.01 10/15/13 AMEREN CORP MO 8.01,9.01 10/17/13 American Assets Trust, Inc. MD 5.02 10/17/13 AMERICAN DG ENERGY INC DE 5.02,9.01 10/17/13 AMEND AMERICAN LASER HEALTHCARE Corp DE 5.02 10/17/13 AMERICAN NATIONAL BANKSHARES INC. VA 2.02,9.01 10/16/13 AMERICAN RIVER BANKSHARES CA 2.02,9.01 10/17/13 AMGEN INC DE 5.02,5.03,9.01 10/16/13 AMPHENOL CORP /DE/ DE 2.02,9.01 10/17/13 AMR CORP DE 2.02,9.01 10/17/13 AMYRIS, INC. DE 1.01,2.03,3.02 10/16/13 ANALYSTS INTERNATIONAL CORP 3.01,3.02,3.03, 10/10/13 5.01,5.02,5.03,9.01 Anchor Bancorp WA 5.07 10/16/13 Andatee China Marine Fuel Services Co DE 8.01,9.01 10/15/13 ANDREA ELECTRONICS CORP NY 5.07 10/15/13 ANTERO RESOURCES Corp 1.01,3.02,5.02, 10/16/13 5.03,9.01 Arrayit Corp NV 5.02 10/14/13 ASSOCIATED BANC-CORP WI 2.02,9.01 10/17/13 ASTORIA FINANCIAL CORP DE 2.02,8.01,9.01 10/16/13 ATHENAHEALTH INC DE 2.02,9.01 10/17/13 AVID TECHNOLOGY, INC. DE 7.01,9.01 10/17/13 AXESSTEL INC NV 2.05,5.02,8.01 10/13/13 B&G Foods, Inc. DE 2.02,7.01,9.01 10/17/13 BANCFIRST CORP /OK/ OK 2.02,9.01 10/17/13 BANK MUTUAL CORP WI 2.02,9.01 10/16/13 BANK OF KENTUCKY FINANCIAL CORP KY 2.02,9.01 10/17/13 Bank of New York Mellon Corp DE 2.02,9.01 10/16/13 BARD C R INC /NJ/ NJ 8.01 10/17/13 BASSETT FURNITURE INDUSTRIES INC VA 8.01,9.01 10/17/13 BAXTER INTERNATIONAL INC DE 2.02,9.01 10/17/13 BB&T CORP NC 2.02,9.01 09/30/13 BIOSPECIFICS TECHNOLOGIES CORP DE 7.01,9.01 10/17/13 BioTelemetry, Inc. DE 5.02,7.01,9.01 10/15/13 BIOZONE PHARMACEUTICALS, INC. NV 3.02 10/07/13 Blackstone Group L.P. DE 2.02,9.01 10/17/13 Blue Earth, Inc. NV 9.01 08/23/13 AMEND Bridge Capital Holdings CA 2.02,9.01 10/17/13 BRIGGS & STRATTON CORP WI 2.02,9.01 10/17/13 Burger King Worldwide, Inc. DE 5.02 10/11/13 CALPINE CORP DE 7.01,9.01 10/17/13 Capital Bank Financial Corp. DE 2.02,9.01 10/17/13 CAPITAL ONE FINANCIAL CORP DE 2.02,9.01 10/17/13 Car Charging Group, Inc. NV 1.01,2.01,3.02, 10/10/13 7.01,8.01,9.01 Cardinal Ethanol LLC IN 1.01 10/16/13 CARPENTER TECHNOLOGY CORP DE 5.07 10/15/13 CASELLA WASTE SYSTEMS INC DE 5.07 10/16/13 CENTRAL EUROPEAN MEDIA ENTERPRISES LT 5.02,9.01 10/14/13 CENTRAL VALLEY COMMUNITY BANCORP CA 2.01,9.01 10/16/13 CEPHEID CA 2.02,9.01 10/17/13 CHAMPIONS ONCOLOGY, INC. DE 5.07 10/17/13 Chaparral Energy, Inc. DE 1.01,7.01,9.01 10/17/13 CHEMUNG FINANCIAL CORP NY 5.02,9.01 10/16/13 Cinedigm Corp. DE 5.02,9.01 10/13/13 CIRRUS LOGIC INC DE 5.02,9.01 10/17/13 CLECO CORP LA 1.01,1.02,2.03,9.01 10/16/13 COBIZ FINANCIAL INC CO 2.02,8.01,9.01 10/17/13 COHERENT INC DE 5.02 10/17/13 Colorado 2001C Limited Partnership WV 8.01,9.01 10/17/13 Colorado 2001D Limited Partnership WV 8.01,9.01 10/17/13 COLUMBIA BANKING SYSTEM INC WA 8.01,9.01 10/11/13 COMPUTER SCIENCES CORP NV 2.03 10/11/13 CONSOL Energy Inc DE 2.02,7.01,9.01 10/15/13 COVENANT TRANSPORTATION GROUP INC NV 2.02,5.02,9.01 10/17/13 Crestwood Midstream Partners LP DE 8.01,9.01 10/17/13 Crestwood Midstream Partners LP DE 9.01 10/10/13 AMEND CYPRESS SEMICONDUCTOR CORP /DE/ DE 2.02,9.01 10/17/13 DANAHER CORP /DE/ DE 2.02,9.01 10/17/13 DELCATH SYSTEMS, INC. DE 7.01,9.01 10/17/13 Diligent Board Member Services, Inc. DE 8.01,9.01 10/16/13 Discover Card Execution Note Trust DE 8.01 10/17/13 AMEND DISCOVER CARD MASTER TRUST I DE 8.01 10/17/13 AMEND DISCOVERY LABORATORIES INC /DE/ DE 7.01,8.01,9.01 10/17/13 DOVER Corp DE 2.02,9.01 10/17/13 DSW Inc. OH 5.07,8.01,9.01 10/14/13 DTE ENERGY CO MI 7.01,9.01 10/17/13 DubLi, Inc. NV 5.02,9.01 10/14/13 Duke Energy CORP DE 8.01 10/17/13 Echo Automotive, Inc. NV 5.02,9.01 10/15/13 ECOLOCAP SOLUTIONS INC. NV 7.01,9.01 10/16/13 ECOTALITY, INC. NV 1.01,2.01,5.02, 10/08/13 8.01,9.01 ELECTRONICS FOR IMAGING INC DE 2.02,9.01 10/17/13 EMC INSURANCE GROUP INC IA 7.01,9.01 10/17/13 Emerald Oil, Inc. MT 1.01,3.02,7.01,9.01 10/17/13 Ensco plc 7.01,9.01 10/17/13 ENTERPRISE BANCORP INC /MA/ MA 2.02,9.01 10/17/13 EPR PROPERTIES MD 8.01,9.01 10/17/13 ePunk, Inc. NV 8.01,9.01 09/24/13 EUROSITE POWER INC. DE 5.02 10/17/13 AMEND EVOLUTION PETROLEUM CORP NV 5.02 10/10/13 EXPERIENCE ART & DESIGN, INC. NV 1.01,1.02,2.01, 05/02/13 AMEND 2.03,3.02,4.01,5.01,5.06,9.01 FAIRCHILD SEMICONDUCTOR INTERNATIONAL DE 2.02 10/17/13 Federal Home Loan Bank of Atlanta X1 2.03 10/15/13 Federal Home Loan Bank of Boston X1 2.03 10/11/13 Federal Home Loan Bank of Chicago X1 2.02,9.01 10/17/13 Federal Home Loan Bank of Des Moines X1 2.03,9.01 10/15/13 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 10/11/13 FIFTH THIRD BANCORP OH 2.02,7.01,9.01 10/17/13 FIRST CASH FINANCIAL SERVICES INC DE 2.02,9.01 10/17/13 FIRST CITIZENS BANC CORP /OH OH 2.02,9.01 10/17/13 FIRST SOUTH BANCORP INC /VA/ VA 2.02,9.01 10/17/13 FLUIDIGM CORP DE 1.01 10/14/13 FMC TECHNOLOGIES INC DE 5.02,9.01 10/17/13 FNB CORP/FL/ FL 2.02,8.01,9.01 10/17/13 FRAC WATER SYSTEMS, INC. NV 1.01,2.03,3.02, 10/10/13 5.01,5.02,9.01 Franklin Credit Management Corp DE 3.02 10/11/13 GALECTIN THERAPEUTICS INC NV 7.01,9.01 10/17/13 General Finance CORP DE 8.01,9.01 10/17/13 Genius Brands International, Inc. NV 5.03,9.01 10/16/13 GNC HOLDINGS, INC. DE 8.01 10/17/13 GOLDMAN SACHS GROUP INC DE 2.02,9.01 10/17/13 GOODRICH PETROLEUM CORP DE 1.01,9.01 10/15/13 Google Inc. DE 2.02,8.01,9.01 10/17/13 GRANDPARENTS.COM, INC. DE 1.01,3.02 10/11/13 Green Energy Management Services Hold DE 5.02 10/10/13 GREENE COUNTY BANCORP INC DE 8.01,9.01 10/16/13 GREENHILL & CO INC DE 2.02,9.01 10/17/13 GROWLIFE, INC. DE 1.01,2.03,3.02,9.01 10/11/13 GUARANTY FEDERAL BANCSHARES INC DE 2.02,9.01 10/16/13 GUESS INC DE 5.02 10/15/13 HCA Holdings, Inc. 2.02,7.01,9.01 10/17/13 HEALTH DISCOVERY CORP 2Q 5.02,8.01,9.01 10/11/13 Heritage-Crystal Clean, Inc. DE 2.02,9.01 10/16/13 HIBBETT SPORTS INC 5.02,9.01 10/15/13 Hilltop Holdings Inc. MD 1.01,2.03,2.04, 10/15/13 8.01,9.01 HNI CORP IA 2.02,9.01 10/16/13 HOME BANCSHARES INC 2.02,7.01,8.01,9.01 10/17/13 HOME LOAN SERVICING SOLUTIONS, LTD. E9 2.02,9.01 10/17/13 HPEV, INC. NV 4.01,9.01 10/11/13 HUBBELL INC CT 2.02,9.01 10/17/13 HUNTINGTON BANCSHARES INC/MD MD 2.02,9.01 10/17/13 IMAGENETIX INC /NV/ NV 8.01,9.01 10/17/13 IMMUNE PHARMACEUTICALS INC 5.02 10/10/13 INDEPENDENT BANK CORP MA 2.02,7.01,9.01 10/17/13 INNOVATIVE SOFTWARE TECHNOLOGIES INC CA 1.01,5.02,9.01 08/07/13 INSTEEL INDUSTRIES INC NC 2.02,9.01 10/17/13 INTERCLOUD SYSTEMS, INC. 1.01,2.03,9.01 10/02/13 INTERNATIONAL BUSINESS MACHINES CORP NY 2.02 10/16/13 INTUITIVE SURGICAL INC DE 2.02,9.01 10/17/13 INVENTURE FOODS, INC. DE 5.02 10/11/13 ISC8 INC. /DE DE 3.03,9.01 09/06/13 KAISER ALUMINUM CORP DE 2.02,9.01 10/17/13 KBS Real Estate Investment Trust II, MD 8.01,9.01 10/15/13 Kentucky First Federal Bancorp 8.01,9.01 10/16/13 KMG CHEMICALS INC TX 2.02,9.01 10/14/13 KROGER CO OH 5.02 10/17/13 L Brands, Inc. DE 8.01,9.01 10/16/13 LA JOLLA PHARMACEUTICAL CO CA 5.02 10/14/13 LAS VEGAS SANDS CORP NV 2.02,9.01 10/17/13 LED Lighting Co DE 8.01 10/12/13 Liberty Interactive Corp 7.01,9.01 10/16/13 Liberty Media Corp DE 2.03,3.02,7.01,9.01 10/10/13 Living Breath Project, Inc. NV 5.03,9.01 10/15/13 LOUISIANA-PACIFIC CORP DE 7.01 10/17/13 M&T BANK CORP NY 2.02,9.01 10/17/13 MAGELLAN PETROLEUM CORP /DE/ DE 7.01,9.01 10/17/13 MAGNUM HUNTER RESOURCES CORP DE 7.01 10/11/13 MamaMancini's Holdings, Inc. NV 1.01,3.02,9.01 10/16/13 MARKETAXESS HOLDINGS INC 5.02,9.01 10/16/13 MCCORMICK & CO INC MD 2.05,7.01,9.01 10/17/13 PGM: wfr0007 U.S. Securities and Exchange Commission MEDIVATION, INC. DE 5.03,9.01 10/10/13 MedWorth Acquisition Corp. DE 5.02 10/13/13 MERCHANTS BANCSHARES INC DE 8.01,9.01 10/17/13 MESA ROYALTY TRUST/TX TX 2.02,9.01 10/17/13 MICROFINANCIAL INC MA 2.02,9.01 10/16/13 MILLER ENERGY RESOURCES, INC. TN 1.01,8.01,9.01 10/17/13 MIMEDX GROUP, INC. FL 2.02,9.01 10/17/13 Mistras Group, Inc. DE 5.07 10/15/13 MODINE MANUFACTURING CO WI 5.03,9.01 10/15/13 Mondelez International, Inc. VA 1.01,2.03 10/11/13 Morningstar, Inc. IL 5.02 10/17/13 MUELLER INDUSTRIES INC DE 1.01,9.01 10/17/13 NATIONAL BANKSHARES INC VA 2.02,9.01 10/17/13 NEAH POWER SYSTEMS, INC. NV 8.01,9.01 10/17/13 Neiman Marcus Group LTD Inc. DE 8.01,9.01 10/17/13 NeoStem, Inc. DE 7.01,9.01 10/17/13 NETSCOUT SYSTEMS INC DE 2.02,9.01 10/17/13 NEVADA GOLD & CASINOS INC NV 5.07 10/16/13 NGL Energy Partners LP DE 9.01 08/01/13 AMEND NORTHERN OIL & GAS, INC. 2.02,9.01 10/17/13 NUCOR CORP DE 2.02,9.01 10/17/13 Nuverra Environmental Solutions, Inc. DE 5.02 10/11/13 OncoMed Pharmaceuticals Inc DE 5.02,7.01,9.01 10/14/13 ORBIT INTERNATIONAL CORP DE 2.05,7.01,9.01 10/10/13 ORBITAL SCIENCES CORP /DE/ DE 2.02,9.01 10/16/13 OVERSTOCK.COM, INC DE 2.02,9.01 10/17/13 Owens Corning DE 8.01,9.01 10/17/13 PAN GLOBAL, CORP. NV 1.01,3.02,5.03, 10/11/13 5.06,9.01 PARKERVISION INC FL 8.01,9.01 10/17/13 Patient Safety Technologies, Inc DE 1.01,9.01 10/17/13 PEABODY ENERGY CORP DE 7.01,9.01 10/17/13 PEREGRINE PHARMACEUTICALS INC DE 5.02 10/15/13 Philip Morris International Inc. VA 2.02,9.01 10/17/13 PLEXUS CORP WI 5.02 10/17/13 POOL CORP DE 1.01,2.03,9.01 10/17/13 POOL CORP DE 2.02,7.01,9.01 10/17/13 PORTLAND GENERAL ELECTRIC CO /OR/ OR 2.03 10/17/13 Post Holdings, Inc. MO 5.02,9.01 10/15/13 POWIN CORP 5.03,8.01,9.01 10/17/13 PPG INDUSTRIES INC PA 2.02,9.01 10/17/13 PRIVATEBANCORP, INC DE 2.02,9.01 10/17/13 QTS Realty Trust, Inc. 1.01,3.02,5.03,9.01 10/15/13 QUEST DIAGNOSTICS INC DE 2.02,9.01 10/17/13 QUINT MEDIA INC. NV 8.01,9.01 10/17/13 RAMBUS INC DE 2.02,9.01 10/17/13 RANGE RESOURCES CORP DE 2.02,9.01 10/17/13 Rango Energy, Inc. NV 5.03,5.07,9.01 10/10/13 REPROS THERAPEUTICS INC. DE 5.07 06/18/13 AMEND ROBERTS REALTY INVESTORS INC GA 1.01,8.01,9.01 10/15/13 RPM INTERNATIONAL INC/DE/ DE 5.07,8.01,9.01 10/10/13 RTI SURGICAL, INC. DE 2.02,9.01 08/06/13 AMEND SAExploration Holdings, Inc. DE 2.03,5.07,9.01 10/09/13 SALIX PHARMACEUTICALS LTD 8.01,9.01 10/11/13 SANDY SPRING BANCORP INC MD 2.02,9.01 10/17/13 SCHULMAN A INC DE 5.02 10/16/13 ScripsAmerica, Inc. DE 1.01,3.02,9.01 10/11/13 SEACOAST BANKING CORP OF FLORIDA FL 5.02,9.01 10/15/13 Seaniemac International, Ltd. 2.02,7.01,9.01 10/17/13 SENSIENT TECHNOLOGIES CORP WI 2.02,9.01 10/17/13 Seven Arts Entertainment Inc. NV 8.01,9.01 10/16/13 SIMMONS FIRST NATIONAL CORP AR 2.02,9.01 09/30/13 SIMPSON MANUFACTURING CO INC /CA/ DE 5.03,9.01 10/16/13 SINCLAIR BROADCAST GROUP INC MD 1.01,2.03,9.01 10/11/13 SNAP-ON Inc DE 2.02,9.01 10/17/13 SOLERA HOLDINGS, INC DE 2.04,8.01,9.01 10/17/13 SONOCO PRODUCTS CO SC 2.02,9.01 10/17/13 SPANISH BROADCASTING SYSTEM INC DE 3.03,5.02,5.03,8.01 10/15/13 SPARTAN STORES INC MI 8.01,9.01 10/16/13 SQN AIF IV, L.P. 8.01 09/27/13 Stalar 1, Inc. DE 8.01 10/11/13 STEELCASE INC MI 2.05 10/17/13 STEWARDSHIP FINANCIAL CORP NJ 8.01,9.01 10/16/13 STRYKER CORP MI 2.02,9.01 10/16/13 Sugarmade, Inc. DE 5.02,9.01 10/16/13 SUPERCONDUCTOR TECHNOLOGIES INC DE 8.01 10/17/13 SUPERVALU INC DE 2.02,9.01 10/17/13 Symmetry Medical Inc. DE 8.01,9.01 10/17/13 SYNTEL INC MI 2.02,9.01 10/17/13 TAURIGA SCIENCES, INC. FL 5.02,9.01 10/10/13 TEAM INC TX 5.02,9.01 10/17/13 TECH DATA CORP FL 1.01 10/16/13 Thunder Fusion Corp 5.01 10/16/13 Tianli Agritech, Inc. D8 5.02,7.01,8.01,9.01 10/17/13 Tonix Pharmaceuticals Holding Corp. NV 1.01,5.02,9.01 10/15/13 TRAVELZOO INC DE 2.02,9.01 10/17/13 Tropicana Entertainment Inc. DE 8.01 10/14/13 True Drinks Holdings, Inc. NV 2.03,3.02 10/10/13 TWENTY-FIRST CENTURY FOX, INC. 8.01,9.01 10/17/13 ULTRATECH INC DE 2.02,9.01 10/17/13 UMPQUA HOLDINGS CORP OR 2.02,9.01 10/16/13 UNION PACIFIC CORP UT 2.02,9.01 10/17/13 United Continental Holdings, Inc. DE 2.02,9.01 10/17/13 UNITED RENTALS INC /DE DE 2.02,7.01,9.01 10/16/13 UNITED SECURITY BANCSHARES CA 2.02,9.01 10/17/13 UNITEDHEALTH GROUP INC MN 2.02,9.01 10/17/13 UNIVERSAL SECURITY INSTRUMENTS INC MD 5.07 10/17/13 Universal Technology Systems Corp. FL 5.02,9.01 10/11/13 Urban Barns Foods Inc. 5.02,8.01 10/02/13 US NUCLEAR CORP. DE 1.01,2.01,5.01, 10/14/13 5.02,5.03,5.06,9.01 US NUCLEAR CORP. DE 5.02 10/14/13 AMEND USA TRUCK INC DE 2.02,9.01 10/16/13 USA TRUCK INC DE 7.01,9.01 10/17/13 USA TRUCK INC DE 2.02,9.01 10/16/13 USA TRUCK INC DE 7.01,9.01 10/17/13 UWHARRIE CAPITAL CORP NC 1.01,8.01 10/16/13 VERIZON COMMUNICATIONS INC DE 2.02,9.01 10/17/13 VIRCO MFG CORPORATION DE 5.02,9.01 10/15/13 VOC Energy Trust 2.02,9.01 10/17/13 Vuzix Corp DE 8.01,9.01 10/17/13 WD 40 CO DE 2.02,9.01 10/17/13 WELLS FARGO & COMPANY/MN DE 9.01 10/17/13 WERNER ENTERPRISES INC NE 2.02,9.01 10/17/13 WESTAR ENERGY INC /KS KS 1.01,9.01 10/16/13 WESTERN ALLIANCE BANCORPORATION NV 2.02,9.01 10/17/13 WESTERN DIGITAL CORP DE 7.01,9.01 10/17/13 WESTWOOD HOLDINGS GROUP INC DE 2.02,7.01,9.01 10/17/13 WINNEBAGO INDUSTRIES INC IA 2.02,9.01 10/17/13 XPO Logistics, Inc. 3.02 10/10/13 ZHONE TECHNOLOGIES INC DE 2.02,9.01 10/17/13