SEC News Digest

ENFORCEMENT PROCEEDINGS

In the Matter of Regeena Resources, Inc.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default as to Seven Respondents (Default Order) in Regeena Resources, Inc., Administrative Proceeding No. 3-13634. The Order Instituting Proceedings alleged that the seven Respondents failed repeatedly to file required annual and quarterly reports while their securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true as to these respondents and revokes the registrations of each class of registered securities of Regeena Resources, Inc. (n/k/a Ameridian Ventures, Inc.), Regency Capital West, Inc., Repeater Technologies, Inc., Reserve Exploration Co., The Resort at Summerlin, LP, RimPac Resources, Ltd., and Rio Ventures, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934. The proceeding has been stayed as to Respondent Roast "N" Roll Restaurants of the Past, Inc., pending consideration of an Offer of Settlement. (Rel. 34-60839; File No. 3-13634)

In the Matter of First New York Securities LLC

On Oct. 20, 2009, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (Order) against First New York Securities LLC.

The Order finds that in September 2005 and January 2007, First New York violated Rule 105 of Regulation M with respect to two repeat securities offerings. On both occasions, in connection with the offering, First New York sold securities short within five business days before the pricing of the offering, and then covered the short position, in whole or in part, with shares purchased in the offering. As a result, First New York obtained unlawful profits of $39,544.35.

Based on the above, the Order censures First New York; requires First New York to cease and desist from committing or causing any violations and any future violations of Rule 105 of Regulation M; and orders First New York to pay disgorgement of $39,544.35 and prejudgment interest of $9,464.37, and a civil money penalty in the amount of $20,000. First New York consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. 34-60842; File No. 3-13656)

In the Matter of Perceptive Advisors LLC

On Oct. 20, 2009, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934 and Section 203(e) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (Order) against Perceptive Advisors LLC.

The Order finds that from January 2005 through December 2005, Perceptive Advisors violated Rule 105 of Regulation M with respect to five repeat securities offerings. In each case, Perceptive Advisors sold securities short within five business days before the pricing of the offering, and then covered the short position, in whole or in part, with shares purchased in the offering. As a result, Perceptive obtained unlawful profits of $245,902.34.

Based on the above, the Order censures Perceptive Advisors; requires Perceptive Advisors to cease and desist from committing or causing any violations and any future violations of Rule 105 of Regulation M; and orders Perceptive Advisors to pay disgorgement of $245,902.34 plus prejudgment interest of $68,852.92, and a civil money penalty in the amount of $125,000. Perceptive has consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. 34-60843; IA-2939; File No. 3-13657)

In the Matter of Peter Moulinos

On Oct. 20, 2009, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions (Order) against Peter Moulinos (Moulinos). The Order finds that Moulinos, age 40, is and has been an attorney licensed to practice law in the State of New York. During 1999 and 2000, Moulinos acted as outside legal counsel for Syndicated Food Service International, Inc. (Syndicated). Syndicated was, at all relevant times, a Florida corporation with its principal place of business in Virginia. Syndicated operated family-style Italian restaurants in New York and Florida. At all relevant times, Syndicated's common stock was registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934 (Exchange Act), and traded on the OTC Bulletin Board. The Order further finds that, on Oct. 6, 2009, a final judgment by consent was entered against Moulinos, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder by the United States District Court for the Eastern District of New York in SEC v. Syndicated Food Service International, Inc. et al., Civil Action Number 04-CV-1303 (NGG)(E.D.N.Y.). Moulinos was also ordered to pay a $50,000 civil money penalty. The Commission's complaint alleged, among other things, that Moulinos prepared Syndicated's periodic filings with the Commission that contained material misrepresentations and omitted material facts.

Based on the above, the Order suspends Moulinos from appearing or practicing before the Commission as an attorney, with a right to reapply for reinstatement after five years from the date of the Order. Moulinos consented to the issuance of the Order without admitting or denying any of the findings in the Order, except with respect to the findings that on Oct. 6, 2009, a final judgment by consent was entered against Moulinos, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder by the United States District Court for the Eastern District of New York in SEC v. Syndicated Food Service International, Inc. et al., Civil Action Number 04-CV-1303 (NGG)(E.D.N.Y.). Moulinos was also ordered to pay a $50,000 civil money penalty. (Rel. 34-60844; File No. 3-13658)

INVESTMENT COMPANY ACT RELEASES

Pioneer Diversified High Income Trust, et al.

A notice has been issued giving interested persons until Nov. 9, 2009, to request a hearing on an application filed by Pioneer Diversified High Income Trust, et al., under Section 6(c) of the Investment Company Act for an exemption from Section 19(b) of the Act and Rule 19b-1 under the Act. The order would permit certain registered closed-end investment companies to make periodic distributions of long-term capital gains with respect to their outstanding common stock as frequently as monthly in any taxable year, and as frequently as distributions are specified by or in accordance with the terms of any outstanding preferred stock that such investment companies may issue. (Rel. IC-28947 - October 16)

SELF-REGULATORY ORGANIZATIONS

Proposed Rule Changes

Financial Industry Regulatory Authority filed a proposed rule change (SR-FINRA-2009-066) under Rule 19b-4 of the Securities Exchange Act of 1934 to adopt FINRA Rule 2251 (Forwarding of Proxy and Other Issuer-Related Materials) in the Consolidated FINRA Rulebook. Publication is expected in the Federal Register during the week of October 19. (Rel. 34-60824)

The Commission issued notice of filing of a proposed rule change (SR-FINRA-2009-060) filed by the Financial Industry Regulatory Authority pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to amend FINRA Rule 8210 (Provision of Information and Testimony and Inspection and Copying of Books). Publication is expected in the Federal Register during the week of October 19. (Rel. 34-60836)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change (SR-BX-2009-062) filed by NASDAQ OMX BX to amend Rule 7015 governing Access Services to add an additional service and related fee, and to make a technical change 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 19. (Rel. 34-60826)

A proposed rule change filed by NYSE Arca (SR-NYSEArca-2009-91) amending the dates of the quarterly expansion of the Penny Pilot Program for Options 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 October 19. (Rel. 34-60833)

The Commission issued notice of filing and immediate effectiveness of proposed rule change (SR-NYSEArca-2009-88) filed by NYSE Arca under Rule 19b-4 of the Securities Exchange Act of 1934 amending its schedule of fees and charges for exchange services. Publication is expected in the Federal Register during the week of October 19. (Rel. 34-60834)

Accelerated Approval of Proposed Rule Change

The Commission noticed and granted accelerated approval to a proposed rule change (SR-BX-2009-066) submitted by NASDAQ OMX BX pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 relating to Chapter XII of the BOX Rules. Publication is expected in the Federal Register during the week of October 19. (Rel. 34-60832)

Approval of Proposed Rule Change

The Commission approved a proposed rule change (SR-FINRA-2009-055) submitted by the Financial Industry Regulatory Authority to adopt FINRA Rules 5210 (Publication of Transactions and Quotations) and 5220 (Offers at Stated Prices) into the consolidated rulebook. Publication is expected in the Federal Register during the week of October 19. (Rel. 34-60835)

SECURITIES ACT REGISTRATIONS

• Latest Securities Act registrations (TXT)

RECENT 8K FILINGS

• Latest 8-K filings (TXT)

http://www.sec.gov/news/digest/2009/dig102009.htm