 |
|
SEC NEWS DIGEST
Issue 2007-227 November 27, 2007
COMMISSION ANNOUNCEMENTS
KAY LACKEY NAMED ASSOCIATE REGIONAL DIRECTOR FOR ENFORCEMENT IN SEC'S
NEW YORK REGIONAL OFFICE
The Securities and Exchange Commission today announced the appointment
of Kay Lackey as Associate Regional Director in the New York Regional
Office, where she will oversee and manage the Commission's enforcement
program in that region. Prior to her appointment, Ms. Lackey was an
Assistant Regional Director of Enforcement in New York. Ms. Lackey's
appointment fills the vacancy created by the departure of Helene
Glotzer for the private sector.
"Kay is an exceptionally talented and dedicated advocate for the
investing public," said Linda Chatman Thomsen, Director of the SEC's
Division of Enforcement. "I am confident that under her leadership the
Commission's enforcement program will continue its record of success."
Mark K. Schonfeld, Director of the New York Regional Office, said, "I
am proud of the outstanding talent in the Commission's New York
Regional Office. Kay has made tremendous contributions to the
Commission's enforcement program in her career. She brings to her new
position keen intellect, sound judgment and unwavering commitment to
the protection of investors."
Ms. Lackey brings more than 12 years of experience in securities
enforcement to her new position. Ms. Lackey joined the Commission in
1995 as a staff attorney in the Division of Enforcement in the New
York Regional Office. She was promoted to Branch Chief in 1997 and
Assistant Regional Director in 1998.
Ms. Lackey said, "The enforcement staff in the New York Regional
Office is extremely talented and dedicated. I am tremendously excited
about the opportunity to work with them to protect the investing
public and the financial markets."
Prior to joining the Commission, Ms. Lackey was a litigation associate
in the Washington, D.C., office of Mayer, Brown & Platt and the Boston
law firm of Sherburne, Powers & Needham. She was a law clerk for Judge
Nathaniel M. Gorton in the U.S. District Court for the District of
Massachusetts and then for Judge Juan R. Torruella in the U.S. Court
of Appeals for the First Circuit.
Ms. Lackey received a J.D., magna cum laude, from Boston University
School of Law and a B.A. from Williams College. (Press Rel. 2007-243)
CCOUTREACH BD NATIONAL SEMINAR TO BE HELD MARCH 7
The Securities and Exchange Commission and the Financial Industry
Regulatory Authority (FINRA) announced today that the inaugural event
of the CCOutreach BD program will be a National Seminar at SEC
headquarters in Washington, D.C. on March 7, 2008.
Registration for the National Seminar will begin in early January
2008. Detailed information about the National Seminar, including
information regarding registration, will be posted on the SEC Web site
at http://www.sec.gov/info/bdccoutreach.htm and on the FINRA Web site
at http://www.finra.org/bdccoutreach as it becomes available.
The SEC and FINRA announced the establishment of the CCOutreach
program for broker-dealers on October 30. The program is intended to
further promote strong compliance practices at broker-dealer firms for
the protection of investors, and it will feature the National Seminar
as well as regional compliance seminars across the country. The
National Seminar will include panel discussions with SEC and FINRA
staff and broker-dealer CCO representatives on the latest compliance
developments and significant compliance issues relevant to the broker-
dealer community.
The SEC and FINRA are soliciting input from CCOs of broker-dealer
firms to ensure that the National Seminar includes the compliance
topics of most interest to broker-dealer CCOs and otherwise meets
their needs. SEC staff is sending an e-mail reminder to CCOs of
broker-dealer firms encouraging CCOs to provide suggestions by Nov.
30, 2007, regarding the National Seminar generally and about topics to
be included at the 2008 National Seminar and future regional seminars.
CCO input may be provided by e-mail to BDCCOutreach@sec.gov or
BDCCOutreach@finra.org. A list of potential agenda items is posted on
the SEC and FINRA Web sites. (Press Rel. 2007-244)
TOM KIM NAMED CHIEF COUNSEL IN DIVISION OF CORPORATION FINANCE
The Securities and Exchange Commission announced today that Thomas J.
Kim has been named Chief Counsel and an Associate Director of the
agency's Division of Corporation Finance.
John W. White, Director of the Division of Corporation Finance, said,
"I am very happy to have Tom join the Division's senior leadership
team. His strong legal experience will serve us well as we continue to
address the complex legal issues we face as our markets continue to
evolve. Tom will be an excellent advisor to me, the Division, and the
Commission on a wide-range of interpretive and disclosure matters."
Mr. Kim said, "I feel privileged to join the staff of the Division of
Corporation Finance. I look forward to working with my colleagues in
the Office of Chief Counsel in helping the Division carry out its
important responsibilities."
Mr. Kim has served as Counsel to SEC Chairman Christopher Cox since
2006, having joined the staff of the Commission as Counselor to the
General Counsel. He was formerly Corporate & Securities Counsel at the
General Electric Company in Fairfield, CT and previously practiced in
the Washington, D.C., office of Latham & Watkins LLP.
From 1995 to 1996, Mr. Kim served as a law clerk to the Hon. Louis F.
Oberdorfer, U.S. District Court for the District of Columbia.
Mr. Kim earned his J.D., magna cum laude, in 1995 from Harvard Law
School, where he was an editor of the Harvard Law Review. He graduated
summa cum laude from Yale College with a B.A. in English in 1991.
(Press Rel. 2007-245)
ENFORCEMENT PROCEEDINGS
COMMISSION REVOKES REGISTRATION OF SECURITIES OF CALCOMP TECHNOLOGY,
INC. FOR FAILURE TO MAKE REQUIRED PERIODIC FILINGS
On November 27, the Commission revoked the registration of each class
of registered securities of Calcomp Technology, Inc. (Calcomp) for
failure to make required periodic filings with the Commission.
Without admitting or denying the findings in the order, except as to
jurisdiction, which it admitted, Calcomp consented to the entry of an
Order Making Findings and Revoking Registration of Securities Pursuant
to Section 12(j) of the Securities Exchange Act of 1934 as to Calcomp
Technology, Inc. finding that it had failed to comply with Section
13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules
13a-1 and 13a-13 thereunder and revoking the registration of each
class of Calcomp's securities pursuant to Section 12(j) of the
Exchange Act. This order settled the charges brought against Calcomp
in In the Matter of American Venture Group, Inc., et al.,
Administrative Proceeding File No. 3-12882.
Brokers and dealers should be alert to the fact that Exchange Act
Section 12(j) provides, in pertinent part, as follows:
No member of a national securities exchange, broker, or dealer
shall make use of the mails or any means or instrumentality of
interstate commerce to effect any transaction in, or to induce
the purchase or sale of, any security the registration of which
has been and is suspended or revoked . . . .
For further information see Order Instituting Administrative
Proceedings and Notice of Hearing Pursuant to Section 12(j) of the
Securities Exchange Act of 1934, In the Matter of American Venture
Group, Inc., et al., Administrative Proceeding File No. 3-12882,
Exchange Act Release No. 56712 (Oct. 29, 2007). (Rel. 34-56839; File
No. 3-12882)
AMERISERVE FOOD DISTRIBUTION, INC., ET AL.
An Administrative Law Judge has issued an Order Making Findings and
Imposing Remedial Sanctions by Default (Default Order) in Ameriserve
Food Distribution, Inc., Administrative Proceeding No. 3-12873. The
Order Instituting Proceedings (OIP) alleged that the Respondents, four
issuers of registered securities, repeatedly failed to file required
annual and quarterly reports with the Securities and Exchange
Commission (Commission), in violation of Section 13(a) of the
Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules
13a-1 and 13a-13. The Default Order finds the allegations in the OIP
to be true as to Ameriserve Food Distribution, Inc., Appalachian Oil &
Gas Company, Inc., Harvey's Great Things, Inc., and Northport
Industries, Inc. The Default Order revokes the registered securities
of the four Respondents pursuant to Section 12(j) of the Exchange Act.
(Rel. 34-56844; File No. 3-12873)
SEC OBTAINS TEMPORARY RESTRAINING ORDER, ASSET FREEZES AND OTHER
EMERGENCY RELIEF TO HALT OFFERING FRAUD TARGETING SENIORS
The Commission announced today that on November 26 it obtained an
order temporarily restraining Alex Rabinovich, Rabinovich &
Associates, LP, an unregistered investment company and broker-dealer
managed by Rabinovich, and Joseph Lovaglio, from continuing to engage
in a fraudulent offering of securities, in SEC v. Rabinovich &
Associates, LP, Alex Rabinovich and Joseph Lovaglio, 07 Civ.
10547(GEL) (S.D.N.Y.), filed earlier that day. The court also froze
the defendants' assets, ordered the defendants to promptly provide
sworn accountings, ordered that discovery be accelerated and that
defendants be prohibited from destroying documents, and ordered that a
preliminary injunction hearing be held on December 12, 2007 to
determine if the interim relief should be continued.
The Commission's complaint alleges that defendants, operating out of a
storefront boiler room in Brooklyn, have been selling limited
partnership interests in Rabinovich & Associates (sometimes referred
to hereafter as the "Fund" or the "firm") and other securities to
investors, including senior citizens and retirees. The Complaint
further alleges that the defendants obtain investments in the Fund by
cold-calling and have made, and are continuing to make, fraudulent
statements to investors and prospective investors in the Fund,
including: (1) false claims that the Fund has been extraordinarily
profitable whereas the Fund's actual performance has been dismal; and
(2) false representations that Rabinovich & Associates is a Wall
Street firm and a member of the NASD, the New York Stock Exchange, and
the Securities Investor Protection Corporation. The defendants
allegedly have also failed to disclose to investors that Rabinovich
has been barred by the NASD from associating with any broker or dealer
and that there is a pending action by the Financial Industry
Regulatory Authority, Inc. (FINRA) seeking to bar Lovaglio from
associating with any broker or dealer.
According to the complaint, the defendants have raised at least
$550,000 from at least twenty-three investors, and have lost most of
that money, even while providing investors with quarterly account
statements that reflect large gains and "dividends" in every period.
The complaint further charges that investors are located across the
country and the firm targets senior citizens and unsophisticated
investors -- at least eleven of the Fund's investors are allegedly
sixty years old or older, including three who are in their seventies
and three who are in their eighties.
The complaint names as defendants the following individuals and
entity:
Rabinovich & Associates, LP, a limited partnership, purportedly
organized in December 2002 and located at 14 Wall Street, New
York, NY. In fact, the firm's offices are actually located in an
unmarked storefront at 502 Gravesend Neck Road, Brooklyn, NY. The
firm purports to be an "independent investment company whose
affiliates offer a broad array of financial products and
services." In fact, it is an unregistered investment company and
an unregistered broker-dealer operating a boiler room.
Alex Rabinovich, age 29, and a resident of Brooklyn, New York.
Rabinovich is the general partner of Rabinovich & Associates and
a self-described "private wealth manager." Rabinovich has worked
at series of broker-dealers, each of which has been the subject
of significant disciplinary action, and has himself been subject
to disciplinary action, including a bar from association with any
NASD member in any capacity.
Joseph Lovaglio, age 25, and a resident of Brooklyn, New York.
Rabinovich is a managing director of Rabinovich & Associates and
the head of its sales operation. Since 1998, he has worked for at
least seven financial firms, at least three of which have been
the subject of law enforcement action. Lovaglio is the subject of
a pending FINRA proceeding based on his failure to provide FINRA
with requested information and documents in connection with a
customer allegation of fraud.
The Complaint charges that the defendants have defrauded Fund
investors and prospective investors, are unlawfully operating as
unregistered broker-dealers and offering and selling securities in an
unregistered offering; and that defendant Rabinovich & Associates is
unlawfully operating as an unregistered investment company. The
complaint thus alleges that all defendants have violated Sections 5(a)
and (c) and 17(a) of the Securities Act of 1933 and Section 10(b) of
the Securities Exchange Act of 1934; that Rabinovich has violated
Section 206(4) of the Investment Advisers Act of 1940 and Lovaglio has
aided and abetted those violations; and Rabinovich & Associates has
violated Section 7(a) of the Investment Company Act of 1940. In
addition to emergency and preliminary relief, the complaint seeks
permanent injunctions, disgorgement and civil penalties. [SEC v.
Rabinovich & Associates, LP, Alex Rabinovich and Joseph Lovaglio, 07
Civ. 10547(GEL) (S.D.N.Y.)] (LR-20372)
COURT DISMISSES SEC ACTION AGAINST THREE OF SIX FORMER PUTNAM
FIDUCIARY TRUST COMPANY EXECUTIVES; COURT DENIES DISMISSAL SOUGHT BY
THREE OTHER DEFENDANTS
The Commission announced that on November 13 the U.S. District Court
for the District of Massachusetts entered a judgment dismissing a
civil fraud action against three former executives of Putnam Fiduciary
Trust Company (PFTC), a Boston-based registered transfer agent. The
action, which alleged that six former PFTC executives engaged in a
scheme beginning in January 2001 by which the defendants defrauded a
defined contribution plan client and group of Putnam mutual funds of
approximately $4 million, was dismissed as to defendants Virginia
Papa, of Newton, Massachusetts, a former managing director and
director of defined contribution servicing; Sandra Childs, of Duxbury,
Massachusetts, a former managing director who had overall
responsibility for PFTC's compliance department; and Kevin Crain, of
Princeton, New Jersey, a managing director who had responsibility for
PFTC's plan administration unit. The Court found that the Commission's
complaint did not allege sufficient conduct by those three parties to
sustain fraud claims against them.
Simultaneously, the Court denied motions to dismiss by three other
defendants: Karnig Durgarian, of Hopkinton, Massachusetts, a former
senior managing director and chief of operations for PFTC, as well as
principal executive officer of certain Putnam mutual funds from 2002
through 2004; Donald McCracken, of Melrose, Massachusetts, a former
managing director and head of global operations services for PFTC; and
Ronald Hogan, of Saugus, Massachusetts, a former vice-president who
had responsibility for new business implementation at PFTC.
The Commission's complaint, filed on Dec. 30, 2005, alleges that the
defendants' misconduct arose out of PFTC's one-day delay in investing
certain assets of a defined contribution client, Cardinal Health,
Inc., in January 2001. The markets rose steeply on the missed day,
causing Cardinal Health's defined contribution plan to miss out on
nearly $4 million of market gains. According to the complaint, rather
than inform Cardinal Health of the one-day delay and the missed
trading gain, the defendants decided to improperly shift approximately
$3 million of the costs of the delay to shareholders of certain Putnam
mutual funds through deception, illegal trade reversals, and
accounting machinations. The complaint also alleges that the
defendants improperly allowed Cardinal Health's defined contribution
plan to bear approximately $1 million of the loss without disclosing
to Cardinal Heath that they had done so. The complaint further alleges
that certain defendants also took steps to cover-up the wrongful
conduct and, as a result, the conduct was not discovered until January
2004.
The complaint alleges that through their fraudulent conduct,
defendants violated Section 17(a) of the Securities Act of 1933 and
violated and/or aided and abetted violations of Section 10(b) of the
Securities Exchange Act of 1934. The complaint further alleges that
Durgarian also violated Sections 34(b) and 37 of the Investment
Company Act. The Commission is seeking injunctive relief and civil
monetary penalties. [SEC v. Karnig H. Durgarian, Jr.,Donald F.
Mccracken, Ronald B. Hogan, Virginia A. Papa, Kevin F. Crain, And
Sandra G. Childs, Civil Action No. 05-12618-NMG (D. Mass.)] (LR-20373)
INVESTMENT COMPANY ACT RELEASES
JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), ET AL.
A notice has been issued giving interested persons until Dec. 20,
2007, to request a hearing on an application filed by John Hancock
Life Insurance Company (U.S.A.), John Hancock Life Insurance Company
(U.S.A.) Separate Account H, John Hancock Life Insurance Company of
New York, John Hancock Life Insurance Company of New York Separate
Account A and John Hancock Trust seeking an order of exemption
pursuant to Section 17(b) of the Investment Company Act from Section
17(a) of the Act. (Rel. IC-28065 - November 26)
TRUST INDENTURE ACT RELEASES
GRUPO IUSACELL CELULAR, S.A. de C.V.
The Commission has issued an order on an application by Grupo Iusacell
Celular, S.A. de C.V. under Section 304(d) of the Trust Indenture Act
of 1939. The order conditionally exempts from the certificate or
opinion delivery requirements of Section 314(d) of the 1939 Act
certain provisions of indentures between Iusacell Celular, certain
guarantors and Law Debenture Trust Company of New York, as trustee.
(Rel. 39-2450)
SELF-REGULATORY ORGANIZATIONS
PROPOSED RULE CHANGES
The Chicago Board Options Exchange filed a proposed rule change (SR-
CBOE-2007-134) relating to the continuous quoting obligations of DPMs.
Publication is expected in the Federal Register during the week of
November 26. (Rel. 34-56824)
The Fixed Income Clearing Corporation filed a proposed rule change
(SR-FICC-2007-10) under Section 19(b)(1) of the Exchange Act to
replace the Mortgage-Backed Securities Division (MBSD) margin
calculation methodology with a Value-at-Risk (VaR) methodology.
Publication is expected in the Federal Register during the week of
November 26. (Rel. 34-56837)
ACCELERATED APPROVAL OF PROPOSED RULE CHANGES
The Commission granted approval of a proposed rule change, as modified
by Amendment Nos. 1 and 2 (SR-Amex-2007-98), submitted by the American
Stock Exchange relating to the listing and trading of units of the
United States 12 Month Oil Fund, LP and the United States 12 Month
Natural Gas Fund, LP. Publication is expected in the Federal Register
during the week of November 26. (Rel. 34-56831)
The Commission granted accelerated approval to a proposed rule change
(SR-NYSEArca-2007-118) submitted by NYSE Arca, through its wholly
owned subsidiary, NYSE Arca Equities, Inc., pursuant to Rule 19b-4
under the Securities Exchange Act of 1934, to amend certain
requirements relating to indexes underlying Equity Index-Linked
Securities. Publication is expected in the Federal Register during the
week of November 26. (Rel. 34-56838)
IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES
A proposed rule change and Amendment No. 1 filed by the Chicago Stock
Exchange (SR-CHX-2007-26) relating to participant fees and credits has
become effective under Section 19(b)(3)(A) of the Securities Exchange
Act of 1934. Publication is expected in the Federal Register during
the week of November 26. (Rel. 34-56833)
A proposed rule change filed by the New York Stock Exchange to enable
the exchange to list certain companies based on two completed fiscal
years and financial statements covering the first six months of the
current fiscal year as long as prior to listing certain summary
financial data confirms that the company continues to satisfy the
applicable standard based on at least nine completed months of the
current fiscal year (SR-NYSE-2007-104) has become effective under
Section 19(b)(3)(A) of the Securities Exchange Act of 1934.
Publication is expected in the Federal Register during the week of
November 26. (Rel. 34-56835)
A proposed rule change (SR-Phlx-2007-55) filed by the Philadelphia
Stock Exchange relating to the elimination of the short sale price
test has become effective under Section 19(b)(3)(A). Publication is
expected in the Federal Register during the week of November 26. (Rel.
34-56836)
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
publicinfo@sec.gov. In most cases, this information is also available
on the Commission's website: www.sec.gov.
S-4 POINT THERAPEUTICS INC, 155 FEDERAL STREET, BOSTON, MA, 02110,
6179332130 - 0 ($10,731,229.00) Equity, (File 333-147609 - Nov. 26)
(BR. 01B)
S-8 Quest Minerals & Mining Corp, 3454 STATE HIGHWAY, 292 WEST,
P.O. BOX 843, BELFRY, KY, 41514, 606-433-1926 -
97,500,000 ($263,250.00) Equity, (File 333-147612 - Nov. 26) (BR. 09B)
SB-2 ColorStars Group, 300 CENTER AVE., STE. 202, BAY CITY, MI, 48708,
989-509-5924 - 10,000,000 ($10,000,000.00) Other, (File 333-147613 -
Nov. 26) (BR. 10A)
S-3 DUSA PHARMACEUTICALS INC, 25 UPTON DRIVE, WILMINGTON, MA, 01887,
9786577500 - 0 ($12,975,799.31) Equity, (File 333-147614 - Nov. 26)
(BR. 01A)
S-8 SportsQuest, Inc., 801 INTERNATIONAL PARKWAY, 5TH FLOOR, LAKE MARY, FL,
32746, (757) 572-9241 - 2,000,000 ($960,000.00) Equity,
(File 333-147615 - Nov. 26) (BR. 05C)
SB-2 Longdan Holding INC, 665 ELLSWORTH AVENUE, NEW HAVEN, CT, 06511,
203-8440809 - 385,000 ($1,925,000.00) Other, (File 333-147616 -
Nov. 26) (BR. 01)
S-8 SKILLSOFT PUBLIC LIMITED CO, 107 NORTHEASTERN BOULEVARD, NASHUA, NH,
03062, 603-324-3000 - 0 ($8,380,000.00) Equity, (File 333-147617 -
Nov. 26) (BR. 03B)
S-3 IRIS INTERNATIONAL INC, 9162 ETON AVE, CHATSWORTH, CA, 91311,
8187091244 - 0 ($125,000,000.00) Unallocated (Universal) Shelf,
(File 333-147618 - Nov. 26) (BR. 10B)
S-8 American Racing Capital, Inc., 5600 BELL STREET, SUITE 111, AMARILLO,
TX, 79106, 8063529599 - 3,000,000 ($2,190,000.00) Equity,
(File 333-147619 - Nov. 26) (BR. 05A)
F-1 ChinaEdu CORP, 12TH FLOOR, CAPTIAL TIMES SQUARE,
NO. 88 XICHANGGAN STREET, BEIJING, F4, 100031, (8610) 8391 3168 -
0 ($94,116,000.00) ADRs/ADSs, (File 333-147620 - Nov. 26) (BR. 11)
S-8 QUANTUM CORP /DE/, 1650 TECHNOLOGY DRIVE, SUITE 700, SAN JOSE, CA,
95110, 408 944 4000 - 0 ($39,000,000.00) Equity, (File 333-147621 -
Nov. 26) (BR. 03B)
S-3 ELECTRO ENERGY INC, 30 SHELTER ROCK ROAD, DANBURY, CT, 06810,
203 797 2699 - 5,000,000 ($2,175,000.00) Equity, (File 333-147623 -
Nov. 26) (BR. 10A)
S-3ASR NATIONAL CITY CORP, 1900 E NINTH ST, CLEVELAND, OH, 44114, 2165752000 -
0 ($0.00) Other, (File 333-147624 - Nov. 26) (BR. 07A)
S-8 MITEL NETWORKS CORP, 350 LEGGET DRIVE, KANATA ONTARIO CANADA K2K 2W7,
A6, 00000, 0 ($19,800,000.00) Equity, (File 333-147625 - Nov. 26)
(BR. 11C)
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
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 Principal Officers; Election of Directors;
Appointment of Principal Officers
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
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
publicinfo@sec.gov. In most cases, this information is also available
on the Commission's website: www.sec.gov.
STATE
NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT
--------------------------------------------------------------------------------------------------------
2020 ChinaCap Acquirco, Inc. 8.01,9.01 11/26/07
3DICON CORP 1.01,2.03,3.02,9.01 11/21/07
ABERCROMBIE & FITCH CO /DE/ DE 2.02,8.01,9.01 11/20/07
AFFILIATED COMPUTER SERVICES INC DE 7.01,9.01 11/26/07
AIDA PHARMACEUTICALS INC NV 2.02,9.01 11/21/07
Aleris International, Inc. DE 5.02 11/25/07
ALFACELL CORP DE 5.02,9.01 11/19/07
ALLEGHENY TECHNOLOGIES INC DE 7.01,9.01 11/26/07
AMERICAN EAGLE OUTFITTERS INC DE 5.03,9.01 11/20/07
AMERICAN EQUITY INVESTMENT LIFE HOLDI IA 7.01,9.01 11/19/07
AMERICAN EQUITY INVESTMENT LIFE HOLDI IA 5.03,9.01 11/26/07
AMERICAN GENERAL FINANCE CORP IN 8.01,9.01 11/26/07
ANWORTH MORTGAGE ASSET CORP MD 8.01,9.01 11/26/07
Apple REIT Seven, Inc. VA 2.02,9.01 11/23/07
APPLE REIT SIX INC 2.02,9.01 11/23/07
ARAMARK CORP DE 5.02 11/19/07
ARBITRON INC DE 7.01,8.01,9.01 11/26/07
ARES CAPITAL CORP MD 7.01,9.01 11/26/07
ASHFORD HOSPITALITY TRUST INC MD 7.01,9.01 11/26/07
ASHFORD HOSPITALITY TRUST INC MD 7.01,9.01 11/26/07
ASIA TIME CORP 4.02 11/19/07
AUTHENTIDATE HOLDING CORP DE 5.02,9.01 11/26/07
Bank of New York Mellon CORP 8.01,9.01 11/21/07
BAR HARBOR BANKSHARES ME 5.03 11/26/07
BARE ESCENTUALS INC DE 5.02,9.01 11/26/07
BCSB Bancorp Inc. MD 5.03,9.01 11/21/07
BCSB BANKCORP INC 5.03,9.01 11/21/07
BEA SYSTEMS INC DE 3.01 11/19/07
BEAR STEARNS DEPOSITOR INC TRUST CERT 8.01,9.01 11/15/07
BOSTON BEER CO INC MA 7.01 11/20/07
BPZ RESOURCES, INC. TX 1.01,2.03,7.01,9.01 11/19/07
Breezer Ventures Inc. NV 4.01,9.01 11/22/07
BRIGGS & STRATTON CORP WI 8.01,9.01 11/26/07
CALYPTE BIOMEDICAL CORP DE 5.02 11/12/07
CARDINAL HEALTH INC OH 1.01,9.01 11/19/07
CAREADVANTAGE INC DE 5.02,9.01 11/20/07
CH ENERGY GROUP INC NY 8.01,9.01 11/26/07
CHARLOTTE RUSSE HOLDING INC 5.02,9.01 11/16/07
CHINA BIOPHARMACEUTICALS HOLDINGS INC DE 1.01,9.01 11/19/07
CHINA FIRE & SECURITY GROUP, INC. 7.01,9.01 11/26/07
Cinemark Holdings, Inc. DE 7.01,9.01 11/26/07
CIPRICO INC DE 5.02,9.01 11/20/07
Citi Trends Inc 2.02,9.01 11/26/07
CMGI INC DE 5.02,9.01 11/19/07
COASTAL BANKING CO INC SC 8.01,9.01 11/20/07
COCA COLA ENTERPRISES INC DE 8.01 11/21/07
COGNEX CORP MA 5.03,9.01 11/21/07
COINSTAR INC DE 1.01,1.02,2.03,8.01,9.01 11/20/07
COLONIAL BANCGROUP INC DE 7.01,9.01 11/26/07
COMCAM INC DE 7.01,8.01,9.01 11/23/07
COMCAM INTERNATIONAL INC DE 7.01,8.01,9.01 11/23/07
COMPUMED INC DE 9.01 11/26/07
COMPUTER SCIENCES CORP NV 8.01 11/21/07
Constellation Energy Partners LLC DE 9.01 11/26/07
CORNERSTONE BANCSHARES INC TN 8.01,9.01 11/26/07
CORUS BANKSHARES INC MN 8.01,9.01 11/21/07
DaimlerChrysler Auto Trust 2007-A 8.01,9.01 11/21/07
DENBURY RESOURCES INC DE 8.01,9.01 11/20/07
DIAMOND OFFSHORE DRILLING INC DE 7.01,9.01 11/26/07
Directed Electronics, Inc. FL 5.02,9.01 11/19/07
DONALDSON CO INC DE 2.02,9.01 11/26/07
Double-Take Software, Inc. DE 2.02,7.01 11/26/07
DOV PHARMACEUTICAL INC DE 1.01 11/20/07
DUSA PHARMACEUTICALS INC NJ 9.01 03/10/07 AMEND
DXP ENTERPRISES INC TX 2.01,9.01 09/10/07 AMEND
EARTHFIRST TECHNOLOGIES INC FL 8.01 11/21/07
EAST KANSAS AGRI ENERGY LLC KS 8.01 11/19/07
EDISON INTERNATIONAL CA 7.01,9.01 11/23/07
EMPIRE ENERGY CORP UT 2.04 11/12/07
EMPIRE ENERGY CORP UT 3.02 08/22/07 AMEND
EMPIRE ENERGY CORP UT 3.02 09/27/07 AMEND
ENERGY XXI (BERMUDA) LTD D0 1.01,9.01 11/19/07
ENZON PHARMACEUTICALS INC DE 5.03,9.01 11/21/07
EPICEPT CORP 7.01,9.01 11/21/07
FAIRPOINT COMMUNICATIONS INC DE 8.01,9.01 11/26/07
FASTENAL CO MN 8.01,9.01 11/26/07
Federal Home Loan Bank of Dallas 5.02,9.01 11/20/07
FEMALE HEALTH CO WI 2.02,9.01 11/26/07
Fidelity National Information Service 2.01,9.01 09/12/07 AMEND
FIRST COMMUNITY CORP /SC/ SC 5.03,9.01 11/20/07
Flagship Global Health, Inc. DE 5.02 11/21/07
FPB BANCORP INC FL 5.02 11/26/07
FRANKLIN BANK CORP 8.01,9.01 11/26/07
FREESTAR TECHNOLOGY CORP NV 8.01 11/26/07
GAYLORD ENTERTAINMENT CO /DE DE 1.01,7.01,9.01 11/19/07
GENESCO INC TN 8.01,9.01 11/26/07
GENLYTE GROUP INC DE 1.01,3.02,9.01 11/25/07
Gentor Resources, Inc. FL 8.01 11/26/07
GEODYNE ENERGY INCOME LTD PARTNERSHIP OK 8.01,9.01 11/22/07
Global Employment Holdings, Inc. 8.01 11/19/07
GREAT ATLANTIC & PACIFIC TEA CO INC MD 8.01 11/26/07
GREAT PLAINS ENERGY INC MO 8.01 11/26/07
GREENFIELD ONLINE INC DE 1.02,8.01 11/26/07
GVI SECURITY SOLUTIONS INC DE 1.01,2.01,9.01 11/20/07
H2Diesel Holdings, Inc FL 5.02 11/16/07
HANMI FINANCIAL CORP DE 5.03,9.01 11/21/07
HARRAHS ENTERTAINMENT INC DE 8.01,9.01 10/29/07
HEMISPHERX BIOPHARMA INC DE 5.02 11/26/07
Hi-Tech Wealth Inc. NV 8.01,9.01 11/15/07
HOKU SCIENTIFIC INC DE 1.01 11/26/07
HOMELIFE INC NV 1.01,9.01 11/21/07
House of Taylor Jewelry, Inc. NV 5.02,8.01,9.01 11/19/07
Hybrid Technologies Inc. NV 3.02 11/19/07
HYDROGEN ENGINE CENTER, INC. NV 9.01 11/26/07
IBERIABANK CORP LA 5.03,9.01 11/19/07
IDERA PHARMACEUTICALS, INC. DE 3.01,9.01 11/26/07
ILLUMINA INC DE 9.01 11/26/07
ImmunoCellular Therapeutics, Ltd. DE 1.01,3.02 11/21/07
IMPERIAL SUGAR CO /NEW/ TX 8.01,9.01 11/26/07
IMPERIAL SUGAR CO /NEW/ TX 5.02,9.01 11/20/07
IMPLANT SCIENCES CORP MA 3.01,9.01 11/16/07
InPlay Technologies, Inc. NV 5.02,9.01 11/26/07
INTELISYS AVIATION SYSTEMS OF AMERICA DE 1.01,2.01,4.01,5.01,5.02,5.03, 11/16/07
5.06,9.01
InterDigital, Inc. PA 2.02,9.01 11/26/07
INTERMUNE INC DE 1.01,1.02,9.01 11/19/07
International Gold Resources, Inc. 3.02,9.01 09/07/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 04/29/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 05/27/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 07/01/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 07/29/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 08/26/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 09/30/07
INTERNATIONAL THOROUGHBRED BREEDERS I DE 8.01,9.01 10/28/07
INTRAOP MEDICAL CORP 5.02,9.01 11/19/07
ITRONICS INC TX 3.02 11/19/07
J P MORGAN CHASE & CO DE 9.01 11/21/07
James River Coal CO VA 7.01,9.01 11/26/07
JO-ANN STORES INC OH 5.02 11/19/07
KANSAS CITY SOUTHERN DE 2.03 11/19/07
LABORATORY CORP OF AMERICA HOLDINGS DE 7.01 11/26/07
Lazy Days R.V. Center, Inc. 8.01 11/26/07
LINCARE HOLDINGS INC DE 5.03,9.01 11/20/07
LONG ISLAND PHYSICIAN HOLDINGS CORP NY 5.02 11/15/07
LUMINENT MORTGAGE CAPITAL INC 8.01 11/21/07
MAINSOURCE FINANCIAL GROUP IN 7.01,9.01 11/26/07
Mandalay Media, Inc. DE 8.01,9.01 11/21/07
MAXYGEN INC DE 8.01,9.01 11/26/07
MEGOLA INC 1.01,8.01,9.01 11/15/07
MERRILL LYNCH & CO INC DE 8.01,9.01 11/26/07
MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE 8.01,9.01 11/15/07
MERRILL LYNCH DEPOSITOR INC PPLUS TRU DE 8.01,9.01 11/15/07
METABOLIX, INC. DE 1.01 11/19/07
MFA MORTGAGE INVESTMENTS MD 7.01,9.01 11/26/07
MiddleBrook Pharmaceuticals, Inc. 1.01,5.02,9.01 11/19/07
MIDWEST URANIUM CORP NV 5.03,9.01 11/20/07
MINDSPEED TECHNOLOGIES, INC DE 9.01 09/25/07 AMEND
MINERALS TECHNOLOGIES INC DE 5.02,8.01,9.01 11/19/07
MINISTRY PARTNERS INVESTMENT CORP CA 5.03,9.01 11/21/07
MIPS TECHNOLOGIES INC DE 1.01,9.01 11/19/07
MOLSON COORS BREWING CO CO 5.02,8.01,9.01 11/19/07
MOTORCAR PARTS AMERICA INC NY 8.01,9.01 11/26/07
MULTIBAND CORP MN 3.01,9.01 11/21/07
NATIONAL REALTY & MORTGAGE INC NV 5.02 11/06/07
NATURADE INC DE 4.01,9.01 10/25/07 AMEND
NESS TECHNOLOGIES INC 8.01,9.01 11/26/07
NETBANK INC GA 8.01,9.01 11/19/07
NETWORK CN INC DE 1.01,2.03,3.02,9.01 11/19/07
New Design Cabinets, Inc. 5.03,9.01 11/20/07
NEW HORIZONS WORLDWIDE INC DE 5.03,9.01 11/19/07
NEXT INC/TN DE 1.01,3.02,9.01 11/08/07
NORTHERN CALIFORNIA BANCORP INC 8.01,9.01 11/26/07
NRG ENERGY, INC. DE 8.01,9.01 11/26/07
Nutradyne, Inc. DE 1.01,2.01,3.02,5.01,5.02,5.03, 11/16/07
9.01
O CHARLEYS INC TN 7.01,9.01 11/20/07
OFFICE DEPOT INC DE 7.01,9.01 11/26/07
OMEGA FINANCIAL CORP /PA/ PA 5.02,5.03,8.01 11/19/07
Oncologix Tech Inc. NV 8.01 11/26/07
Oncologix Tech Inc. NV 8.01,9.01 11/26/07
ORGANITECH USA INC DE 5.03,9.01 11/26/07
OSAGE BANCSHARES, INC. MD 8.01,9.01 11/21/07
OVERSEAS PARTNERS LTD 8.01,9.01 11/23/07
OYO GEOSPACE CORP DE 1.01,9.01 10/12/07
PANTERA PETROLEUM INC. NV 1.01,3.02,9.01 11/21/07
PARADISE MUSIC & ENTERTAINMENT INC DE 1.01,3.02,5.03,8.01,9.01 11/26/07
PHOTOMEDEX INC DE 3.01 11/19/07
PLAINS EXPLORATION & PRODUCTION CO DE 1.01,1.02,2.04,3.03,8.01,9.01 11/26/07
PLURISTEM LIFE SYSTEMS INC NV 8.01,9.01 11/26/07
PLX TECHNOLOGY INC DE 5.03 11/26/07
POGO PRODUCING CO LLC 1.01,1.02,2.04,3.03,8.01,9.01 11/20/07
POINT BLANK SOLUTIONS, INC. DE 7.01 11/21/07
POPE & TALBOT INC /DE/ DE 1.01,1.03,2.03,9.01 11/19/07
PORTOLA PACKAGING INC DE 2.02,9.01 11/21/07
PPL CORP PA 7.01 11/26/07
PPLUS Trust Series GSC-2 DE 8.01,9.01 11/15/07
PREFORMED LINE PRODUCTS CO OH 3.01,9.01 11/19/07
Pregis Holding II CORP DE 5.02 11/19/07
PREMIER FINANCIAL BANCORP INC KY 2.03,9.01 11/21/07
PRESSURE BIOSCIENCES INC MA 1.01,3.02 11/21/07
PROSPECT CAPITAL CORP MD 8.01,9.01 11/26/07
PSPP HOLDINGS INC NV 1.01,5.02,8.01,9.01 11/26/07
PUBLICARD INC PA 7.01,9.01 10/26/07
QSGI INC. DE 2.02,9.01 11/26/07
QUANTA SERVICES INC DE 8.01 11/15/07
RADIAL ENERGY, INC. 1.01,9.01 11/26/07
REPUBLIC SERVICES INC DE 8.01 11/26/07
RESOURCE AMERICA INC DE 1.01 11/19/07
Revett Minerals Inc. A6 7.01,9.01 11/26/07
RIO VISTA ENERGY PARTNERS LP DE 1.01,2.01,2.03,3.02,9.01 11/19/07
RIVER VALLEY BANCORP IN 5.02,9.01 11/20/07
SAKS INC TN 5.02,9.01 11/26/07
SASCO 2007-BNC1 DE 8.01,9.01 11/09/07
SATCON TECHNOLOGY CORP DE 2.03 11/19/07
SCHERING PLOUGH CORP NJ 2.01,9.01 11/19/07
SCOTTISH RE GROUP LTD E9 8.01 11/19/07
SENSE HOLDINGS INC FL 5.03,7.01,8.01,9.01 11/26/07
SHOE PAVILION INC DE 2.02,9.01 11/26/07
SI Financial Group, Inc. X1 5.03,9.01 11/21/07
SKILLSOFT PUBLIC LIMITED CO 2.02,9.01 11/26/07
Smokers Lozenge Inc 3.02,5.01,5.03,9.01 11/13/07 AMEND
ST. BERNARD SOFTWARE, INC. CA 4.01,9.01 11/19/07
STERICYCLE INC DE 8.01,9.01 11/26/07
STERLING CONSTRUCTION CO INC DE 8.01 11/07/07
SUBJEX CORP MN 7.01 11/26/07
Sutura, Inc. 1.01,3.02,8.01,9.01 11/21/07
SVI Media, Inc. NV 5.02 11/20/07
SYNERGY BRANDS INC DE 3.02,7.01,9.01 11/26/07
TALBOTS INC DE 1.01,9.01 11/26/07
TALON INTERNATIONAL, INC. DE 1.01,3.02,9.01 11/19/07
TARGETED GENETICS CORP /WA/ WA 8.01,9.01 11/26/07
Tarpon Industries, Inc. MI 1.01,5.02,9.01 11/20/07
TARRAGON CORP NV 3.01,9.01 11/13/07
TECHNOCONCEPTS, INC. CO 5.02,9.01 11/20/07
Tennessee Valley Authority 2.02 11/20/07
THQ INC DE 5.02,9.01 11/26/07
THRESHOLD PHARMACEUTICALS INC DE 8.01,9.01 11/03/07
Titanium Group LTD D8 1.01,9.01 11/23/07
TOREADOR RESOURCES CORP TX 7.01,8.01,9.01 11/21/07
TRAVELCENTERS OF AMERICA LLC 1.01,2.03,9.01 11/19/07
TRICO BANCSHARES / CA 8.01,9.01 11/23/07
TRICO MARINE SERVICES INC DE 2.01,9.01 11/26/07
TRIMAX CORP NV 5.02 11/22/07
TRIMERIS INC DE 8.01 11/20/07
TRM CORP OR 1.01,9.01 11/20/07
U S GOLD CORP CO 5.02 11/19/07
U.S. Shipping Partners L.P. DE 2.02,9.01 11/26/07
UNION BANKSHARES CORP VA 5.02,9.01 11/21/07
UNITED RENTALS INC /DE DE 8.01,9.01 11/19/07
VERAMARK TECHNOLOGIES INC DE 1.01,9.01 11/20/07
VioQuest Pharmaceuticals, Inc. DE 2.01,9.01 07/16/07 AMEND
VISUAL MANAGEMENT SYSTEMS INC NV 4.02,9.01 11/19/07
Voyant International CORP NV 7.01,9.01 11/26/07
WHEELING ISLAND GAMING INC DE 8.01 11/26/07
WORLDTRADESHOW COM INC 1.01,9.01 11/26/07
WRIGHT MEDICAL GROUP INC DE 1.01,2.03,8.01,9.01 11/19/07
YORK WATER CO PA 8.01 11/26/07
ZIONS BANCORPORATION /UT/ UT 7.01,9.01 11/26/07
http://www.sec.gov/news/digest/2007/dig112707.htm
|