Ponzi Schemer Elkinson Pleads Guilty
The Commission announced that on April 13, 2011, Richard Elkinson, age 77, of Framingham, Massachusetts, pled guilty to 18 counts of mail fraud in a case being prosecuted by the United States Attorney’s Office in Boston, Massachusetts. These charges resulted from Elkinson’s operation of a scheme by which he defrauded more than 100 victims of millions of dollars. Elkinson was indicted on Feb. 17, 2010. The indictment charged that Elkinson obtained funds from his victims by falsely representing that he would use the funds to finance the manufacture of uniforms and hats for state government agencies when in fact he used the funds for his own personal purposes and to repay amounts to other victims. He is currently scheduled to be sentenced before U.S. District Joseph L. Tauro on July 21, 2011.
The Commission previously filed a related civil enforcement action against Elkinson on Jan. 7, 2010 and obtained a default judgment against him on June 9, 2010. In the Commission’s action, the court permanently enjoined Elkinson from future violations of the antifraud and registration provisions of the federal securities laws and ordered him to pay over $29 million in disgorgement, prejudgment interest and civil penalties. On Jan. 7, 2010, at the Commission’s request, the court had issued an order freezing Elkinson’s assets.
The Commission alleged in its complaint that Elkinson operated a Ponzi scheme that defrauded at least 130 investors from multiple states of approximately $28 million. The complaint further alleged that since at least 1997, Elkinson offered and sold unregistered securities in the form of promissory notes. According to the complaint, Elkinson falsely told investors that he was in the business of brokering contracts on behalf of a Japanese firm that manufactured uniforms (such as police uniforms and prison uniforms) to be sold to large purchasers such as state and local governments (and even the U.S. Olympic Committee) and that investors’ money would be used to help finance specific uniform contracts. The investors received promissory notes signed by Elkinson, with terms that generally required payment within 300 to 330 days and with an interest rate that ranged from 9% to 13%. According to the complaint, however, Elkinson had no relationship with a Japanese uniform manufacturer, and there were no contracts to purchase uniforms. The Commission alleged that, while some investors did receive payments of principal and interest, those payments were made using funds obtained from other investors, and Elkinson was able to keep the scheme going as long as most of the investors kept rolling over their investments. In reality, according to the complaint, Elkinson used most of the investors’ money for his own personal purposes, including gambling. [U.S. v. Richard Elkinson (USDC, D. Mass., Criminal No. 1:10-cr-10051-JLT); SEC v. Richard Elkinson, 10-CV-10015-JLT (D. Mass.)] (LR-21931)
In the Matter of Certain Trading in OptionsXpress
The Securities and Exchange Commission (Commission) announced today that the Honorable Frank D. Whitney, United States District Judge for the Western District of North Carolina Carolina, entered an order permanently enjoining William K. Harrison (Harrison). The order restrained and enjoined Harrison 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 promulgated thereunder, and Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act and Rule 206(4)-8 promulgated thereunder. Harrison was also ordered to pay disgorgement, pre-judgment interest and a civil penalty in amounts to be resolved upon motion of the Commission at a later date, and directed that for purposes of that motion, the allegations of the Commission’s Complaint shall be deemed true. Harrison consented to the entry of the order without admitting or denying the allegations of the Commission’s Complaint.
The Commission’s complaint, filed on Dec. 15, 2010, alleged that between approximately December 2007 and October 2008, Harrison and his co-defendant Eddie W. Sawyers (Sawyers) used misrepresentations and omissions of material fact to defraud at least forty-two Wachovia brokerage customers of at least $8 million in customer funds. The complaint further alleged that on or around December 2007, Harrison and Sawyers, acting under the d/b/a “Harrison/Sawyers Financial Services,” began offering their Wachovia customers an investment opportunity that they misrepresented was guaranteed to make a 35% return, with no risk of loss of principal. In those instances when customers were informed that their monies would be used for trading options, Harrison and Sawyers misrepresented the riskiness of their trading strategy by telling customers that they had a foolproof approach to trading options and that their principal investment was secure and would make handsome returns regardless of market volatility. Harrison and Sawyers either opened accounts with optionsXpress in the client’s name or commingled the client’s funds in accounts opened in Harrison’s wife’s name or a joint account in the name of Harrison and his wife. So as to not draw attention to their conduct, Harrison and Sawyers placed “limited trading authorizations” and other related documentation associated with their scheme in the name of Harrison’s wife. Although the trading strategy that Harrison and Sawyers employed was initially successful, it soon resulted in substantial investor losses. By October 2008, they had depleted the vast majority of the money they had raised from investors. On Oct. 13, 2008, Harrison submitted to Wachovia a resignation letter in which he confessed to “misdirecting” $6.6 million from seventeen of his Wachovia customers in order to trade online. He also admitted that he had conducted this online trading without first securing the authorization of these 17 individuals. [SEC v. William K. Harrison, et al., Case No. 3:10-cv-00634-FDW-DLH (W.D. NC.)] (LR-21932)
In the Matter of Certain Trading in OptionsXpress
The Securities and Exchange Commission (Commission) announced today that the Honorable Frank D. Whitney, United States District Judge for the Western District of North Carolina, entered an order permanently enjoining Eddie W. Sawyers (Sawyers). The order restrained and enjoined Sawyers 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 promulgated thereunder, and Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act and Rule 206(4)-8 promulgated thereunder. Sawyers was also ordered to pay disgorgement, pre-judgment interest and a civil penalty in amounts to be resolved upon motion of the Commission at a later date, and directed that for purposes of that motion, the allegations of the Commission’s Complaint shall be deemed true. Sawyers consented to the entry of the order without admitting or denying the allegations of the Commission’s Complaint.
The Commission’s complaint, filed on Dec. 15, 2010, alleged that between approximately December 2007 and October 2008, Eddie W. Sawyers and his co-defendant William K. Harrison (Harrison) used misrepresentations and omissions of material fact to defraud at least forty-two Wachovia brokerage customers of at least $8 million in customer funds. The complaint further alleged that on or around December 2007, Harrison and Sawyers, acting under the d/b/a “Harrison/Sawyers Financial Services,” began offering their Wachovia customers an investment opportunity that they misrepresented was guaranteed to make a 35% return, with no risk of loss of principal. In those instances when customers were informed that their monies would be used for trading options, Harrison and Sawyers misrepresented the riskiness of their trading strategy by telling customers that they had a foolproof approach to trading options and that their principal investment was secure and would make handsome returns regardless of market volatility. Harrison and Sawyers either opened accounts with optionsXpress in the client’s name or commingled the client’s funds in accounts opened in Harrison’s wife’s name or a joint account in the name of Harrison and his wife. So as to not draw attention to their conduct, Harrison and Sawyers placed “limited trading authorizations” and other related documentation associated with their scheme in the name of Harrison’s wife. Although the trading strategy that Harrison and Sawyers employed was initially successful, it soon resulted in substantial investor losses. By October 2008, they had depleted the vast majority of the money they had raised from investors. On Oct. 13, 2008, Harrison submitted to Wachovia a resignation letter in which he confessed to “misdirecting” $6.6 million from seventeen of his Wachovia customers in order to trade online. He also admitted that he had conducted this online trading without first securing the authorization of these 17 individuals. [SEC v. William K. Harrison, et al., Case No. 3:10-cv-00634-FDW-DLH (W.D. NC.)] (LR-21933)
SEC Charges Financial Services Firm, AIC, Inc., Its CEO and Others in Multi-Million Dollar Offering Fraud
The Securities and Exchange Commission announced today that it filed a civil action in the United States District Court for the Eastern District of Tennessee against AIC, Inc., a financial services holding company for three broker-dealers and an investment adviser, based in Richmond, Virginia, and its President and CEO, Nicholas D. Skaltsounis. The Complaint alleges that Skaltsounis devised and orchestrated an offering fraud and Ponzi scheme by offering and selling more than $7.7 million in AIC promissory notes and stock. Also named in the Complaint are AIC’s subsidiary, Community Bankers Securities, LLC (“CB Securities”), a broker-dealer, along with associated stockbrokers John B. Guyette, of Greeley, Colorado, and John R. Graves, of Pensacola, Florida, who was also an investment adviser.
The Complaint alleges that, from at least January 2006 through November 2009, Skaltsounis, directly and through registered representatives associated with CB Securities, including Guyette and Graves, fraudulently offered and sold AIC promissory notes and stock to at least 74 investors in at least 14 states, many of whom were elderly, unsophisticated brokerage customers of CB Securities. Skaltsounis, Guyette, and Graves misrepresented and omitted material information to investors relating to, among other things, the safety and risk associated with the investments, the rates of return on the investments, and how AIC would use the proceeds of the investments.
The Complaint also alleges that AIC promised to pay interest and dividends ranging from 9 to 12.5 percent on the promissory notes and stock knowing that it did not have the ability to pay those returns. AIC and its subsidiaries were never profitable. AIC earned de minimis revenue and its subsidiaries did not earn sufficient revenue to meet its expenses. Skaltsounis used the money raised from new investors to pay back principal and returns to existing investors in the nature of a Ponzi scheme. By early December 2009, Skaltsounis’ scheme collapsed when he could no longer solicit investments and recruit new investors to pay back existing investors.
The Commission seeks permanent injunctions and civil penalties against Skaltsounis, AIC, CB Securities, Guyette, and Graves for violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission also charged Graves with violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The Commission also seeks disgorgement plus prejudgment interest against Skaltsounis, AIC, CB Securities, and Guyette. In addition, the Commission has charged AIC subsidiaries, Allied Beacon Partners, Inc. (f/k/a Waterford Investor Services, Inc.), Advent Securities, Inc., and CBS Advisors, LLC, as relief defendants seeking disgorgement of funds received from the fraudulent scheme. [SEC v. AIC, Inc., et al., Case No. 3:11-CV-00176 (E.D. Tenn.)] (LR-21934)
Italian Traders and Related Entities Agree to Pay $1.46 Million to Settle Insider Trading Charges
The Securities and Exchange Commission today announced a proposed settlement with two Italian citizens, Oscar Ronzoni and Paolo Busarḍ, their investment vehicle, Tatus Corp., and another related entity, A-Round Investment SA, for alleged insider trading in the securities of DRS Technologies, Inc. In October 2010, the Commission amended its Complaint in its previously-filed action against unknown purchasers of DRS and American Power Conversion Corp. call options to name these defendants, in addition to two others who have previously settled with the Commission. Ronzoni, Busardo, and their related entities have agreed to settle the Commission’s charges by, among other things, paying approximately $1.46 million in disgorgement and penalties.
In its October 2010 Amended Complaint, the Commission alleges that Ronzoni, Busarḍ, Tatus, and A-Round purchased DRS call options that were out-of-the-money and set to expire in the near term while in possession of material, nonpublic information concerning the acquisition of DRS. According to the Amended Complaint, the settling defendants purchased the DRS call options in advance of a May 8, 2008 Wall Street Journal article reporting advanced merger negotiations between Finmeccanica S.p.A. and DRS, and confirmation by DRS the same day that it was engaged in talks regarding a potential strategic transaction. On May 5 and 6, 2008, Ronzoni purchased a total of 340 DRS call options; on May 7, 2008, Ronzoni also purchased, through Tatus, 800 DRS call options; and, on May 7, 2008, Busarḍ through A-Round purchased a total of 130 DRS call options. Following the May 8th Wall Street Journal article, Ronzoni made a profit of $156,400, Tatus made a profit of $695,459.97, and Busarḍ, through A-Round, made a profit of $115,840 after liquidating their DRS call option stakes.
Under the terms of the proposed settlement, Ronzoni, Busarḍ, Tatus, and A-Round would consent, without admitting or denying the allegations of the Amended Complaint, to the entry of final judgments permanently enjoining them from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and ordering them to be jointly and severally liable for the payment of $967,699.97 in disgorgement, $8,689 in prejudgment interest, and a civil penalty of $483,849.99. The settlement remains subject to the approval of the U.S. District Court for the Southern District of New York. If approved, the settlement would bring this litigation to a close and bring the total disgorgement and penalties collected in this civil action to approximately $4.4 million.
The SEC acknowledges the assistance of the U.S. Department of Justice, the Options Regulatory Surveillance Authority, the Swiss Financial Market Supervisory Authority, and the Swiss Federal Office of Justice in this matter. [SEC v. Gianluca Di Nardo, et al., U.S. District Court for the Southern District of New York, Civil Action No. 08-cv-6609 (PAC) (S.D.N.Y.)] (LR-21935)
Immediate Effectiveness of Proposed Rule Changes
A proposed rule change filed by the International Securities Exchange (SR-ISE-2011-18) relating to fees for adding and removing liquidity has become immediately 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 April 18. (Rel. 34-64303)
A proposed rule change filed by Chicago Board Options Exchange to establish transaction fees for CBOE Gold ETF Volatility Index Options (SR-CBOE-2011-028) 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 18. (Rel. 34-64304)
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 Mistras Group, Inc., 195 CLARKSVILLE ROAD, PRINCETON JUNCTION, NJ, 08550, 609-716-4000 - 0 ($46,635,445.00) Equity, 0 ($80,000,000.00) Unallocated (Universal) Shelf, (File 333-173513 - Apr. 15) (BR. 06B) S-1 NCO Group, Inc., 507 PRUDENTIAL ROAD, HORSHAM, PA, 19044, (215) 441-3000 - 0 ($1.00) Debt, (File 333-173514 - Apr. 15) (BR. 11B) S-4 Chaparral Energy, Inc., 701 CEDAR LAKE BOULEVARD, OKLAHOMA CITY, OK, 73114, (405) 478-8770 - 400,000,000 ($400,000,000.00) Non-Convertible Debt, (File 333-173516 - Apr. 15) (BR. 04C) S-3ASR Kodiak Oil & Gas Corp, 1625 BROADWAY, SUITE 250, DENVER, CO, 80202, 303-592-8075 - 0 ($0.00) Other, (File 333-173520 - Apr. 15) (BR. 04C) S-4 RES CARE INC /KY/, 10140 LINN STATION RD, LOUISVILLE, KY, 40223, 5023942100 - 0 ($200,000,000.00) Debt, (File 333-173527 - Apr. 15) (BR. 11C) S-1 TRANSAMERICA ADVISORS LIFE INSURANCE Co, 425 WEST CAPITAL AVENUE, LITTLE ROCK, AR, 72201, 800-346-3677 - 0 ($50,000,000.00) Other, (File 333-173528 - Apr. 15) (BR. 01A) S-1 ENVIVIO INC, 400 OYSTER POINT BLVD., SUITE 325, SOUTH SAN FRANCISCO, CA, 94080, 650 243 2700 - 0 ($69,000,000.00) Equity, (File 333-173529 - Apr. 15) (BR. ) S-3 PUBLIC SERVICE CO OF NEW MEXICO, ALVARADO SQUARE, ALBUQUERQUE, NM, 87158, 5058482700 - 0 ($1.00) Debt, (File 333-173530 - Apr. 15) (BR. 02A) S-4 ENTERTAINMENT PROPERTIES TRUST, 909 WALNUT, SUITE 200, KANSAS CITY, MO, 64106, 8164721700 - 0 ($250,000,000.00) Non-Convertible Debt, (File 333-173531 - Apr. 15) (BR. 08A) S-8 SIGMA DESIGNS INC, 1778 MCCARTHY BLVD., MILPITAS, CA, 95035, 4082629003 - 141,452 ($1,748,873.00) Equity, (File 333-173532 - Apr. 15) (BR. 10C) S-1 TechApp Solutions, Inc., 115 W. CALIFORNIA BLVD. #553, PASADENA, CA, 91105, 206-339-7617 - 4,000,000 ($40,000.00) Equity, (File 333-173533 - Apr. 15) (BR. ) S-3 INFINITY PHARMACEUTICALS, INC., 780 MEMORIAL DRIVE, CAMBRIDGE, MA, 02139, 6174531000 - 0 ($100,000,000.00) Unallocated (Universal) Shelf, (File 333-173534 - Apr. 15) (BR. 01A) S-8 TRANZYME INC, 4819 EMPEROR BOULEVARD, SUITE 400, DURHAM, NC, 27703, 919 313-4760 - 0 ($10,241,826.00) Equity, (File 333-173535 - Apr. 15) (BR. 01B) S-8 Delta Seaboard International, Inc., 601 CIEN STREET, SUITE 235, KEMAH, TX, 77565, 281-334-9479 - 3,000,000 ($150,000.00) Equity, (File 333-173536 - Apr. 15) (BR. 04A) S-1 Advanced Cloud Storage, Inc., 112 NORTH CURRY STREET, CARSON CITY, NV, 89703, 775-286-3703 - 5,000,000 ($200,000.00) Equity, (File 333-173537 - Apr. 15) (BR. ) N-2 NUVEEN CALIFORNIA DIVIDEND ADVANTAGE MUNICIPAL FUND 3, 333 WEST WACKER DRIVE, CHICAGO, IL, 60606, 3129178146 - 1,000 ($10,000.00) Equity, (File 333-173538 - Apr. 15) (BR. 18) S-8 LECTEC CORP /MN/, 1407 S. KINGS HIGHWAY, TEXARKANA, TX, 75501, (903) 280-8454 - 0 ($1,237,500.00) Equity, (File 333-173539 - Apr. 15) (BR. 10B) S-3 CAI International, Inc., 415-788-0100 - 0 ($313,875,000.00) Other, (File 333-173540 - Apr. 15) (BR. 06A) S-8 Somaxon Pharmaceuticals, Inc., 3570 CARMEL MOUNTAIN ROAD, SUITE 100, SAN DIEGO, CA, 92130, (858) 876-6500 - 0 ($6,555,000.00) Equity, (File 333-173541 - Apr. 15) (BR. 01A) S-3 OVERLAND STORAGE INC, 4820 OVERLAND AVENUE, SAN DIEGO, CA, 92123, 8585715555 - 0 ($31,781,174.00) Equity, (File 333-173542 - Apr. 15) (BR. 03C) S-8 CONCEPTUS INC, 334 E EVELYN AVE, MOUNTAIN VIEW, CA, 94041, 650 962 4000 - 125,000 ($1,787,500.00) Equity, (File 333-173543 - Apr. 15) (BR. 10A) S-8 OVERLAND STORAGE INC, 4820 OVERLAND AVENUE, SAN DIEGO, CA, 92123, 8585715555 - 0 ($9,122,778.00) Equity, (File 333-173544 - Apr. 15) (BR. 03C) S-4 IBERIABANK CORP, 200 WEST CONGRESS STREET, LAFAYETTE, LA, 70505, 3375214003 - 0 ($16,417,260.00) Equity, (File 333-173545 - Apr. 15) (BR. 07A) S-1 Cyalume Technologies Holdings, Inc., 96 WINDSOR STREET,, WEST SPRINGFIELD, MA, 01089, (413) 858-2500 - 20,000 ($98,400.00) Equity, (File 333-173546 - Apr. 15) (BR. 11C) S-1 VANGUARD HEALTH SYSTEMS INC, 20 BURTON HILLS BLVD, NASHVILLE, TN, 37215, 6156656000 - 0 ($600,000,000.00) Equity, (File 333-173547 - Apr. 15) (BR. 01C) F-1 Renren Inc., 23/F, Jing An Center, 8 North Third Ring Road East, BEIJNG, F4, 100028, 86 (10) 8448-1818 - 0 ($671,715,000.00) ADRs/ADSs, (File 333-173548 - Apr. 15) (BR. 03A) S-4 DineEquity, Inc, 450 N BRAND BLVD 3RD FLR, GLENDALE, CA, 91203-1903, 818-240-6055 - 0 ($792,750,000.00) Non-Convertible Debt, (File 333-173549 - Apr. 15) (BR. 03A) S-1 Bankrate, Inc., 11760 U.S. HIGHWAY ONE, SUITE 200, NORTH PALM BEACH, FL, 33408, (561) 630-2400 - 0 ($500,000,000.00) Equity, (File 333-173550 - Apr. 15) (BR. ) S-3 DYNEX CAPITAL INC, 4991 LAKE BROOK DRIVE, STE 100, GLEN ALLEN, VA, 23060, 8042175830 - 0 ($500,000,000.00) Other, (File 333-173551 - Apr. 15) (BR. 08A) S-8 INTERNATIONAL GAME TECHNOLOGY, 9295 PROTOTYPE DRIVE, P O BOX 10580, RENO, NV, 89510, 7754487777 - 1,000,000 ($15,190,000.00) Equity, (File 333-173552 - Apr. 15) (BR. 06B) S-8 INTERNATIONAL GAME TECHNOLOGY, 9295 PROTOTYPE DRIVE, P O BOX 10580, RENO, NV, 89510, 7754487777 - 20,000,000 ($303,800,000.00) Equity, (File 333-173553 - Apr. 15) (BR. 06B) S-1 Primo Water Corp, 104 CAMBRIDGE PLAZA DRIVE, Winston Salem, NC, 27104, 336-331-4000 - 0 ($110,124,000.00) Equity, (File 333-173554 - Apr. 15) (BR. 02) S-1 LUCID INC, 2320 BRIGHTON HENRIETTA TL RD, ROCHESTER, NY, 14623, 585-239-9800 - 0 ($28,750,000.00) Equity, (File 333-173555 - Apr. 15) (BR. ) S-4 QUALITY DISTRIBUTION LLC, 4041 PARK OAKS BOULEVARD, SUITE 200, TAMPA, FL, 33610, 8002822031 - 225,000,000 ($225,000,000.00) Debt Convertible into Equity, (File 333-173556 - Apr. 15) (BR. 05B) S-4 IBERIABANK CORP, 200 WEST CONGRESS STREET, LAFAYETTE, LA, 70505, 3375214003 - 0 ($77,101,248.00) Equity, (File 333-173557 - Apr. 15) (BR. 07A) S-1 Nuveen Diversified Commodity Fund, 333 WEST WACKER DRIVE, CHICAGO, IL, 60606, 312-917-8146 - 1,255,000 ($35,001,950.00) Equity, (File 333-173558 - Apr. 15) (BR. 08A) S-1 NYTEX Energy Holdings, Inc., 12222 MERIT DRIVE, SUITE 1850, DALLAS, TX, 75251, 972-770-4700 - 0 ($1.00) Equity, (File 333-173559 - Apr. 15) (BR. 04A)
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 ADEONA PHARMACEUTICALS, INC. DE 8.01,9.01 04/14/11 Aegerion Pharmaceuticals, Inc. DE 5.02 04/12/11 AEP INDUSTRIES INC DE 5.07 04/12/11 AGENUS INC DE 1.01 04/11/11 ALKERMES INC PA 7.01,9.01 04/15/11 Allegiant Travel CO NV 8.01 04/15/11 ALLIANCE DATA SYSTEMS CORP DE 7.01,9.01 04/15/11 ALLIANCEBERNSTEIN HOLDING L.P. DE 7.01,9.01 04/14/11 ALLIANCEBERNSTEIN L.P. DE 7.01,9.01 04/14/11 Allied Nevada Gold Corp. DE 2.02,9.01 04/14/11 ALTAIR NANOTECHNOLOGIES INC 1.02,7.01,9.01 04/11/11 AMBASSADORS INTERNATIONAL INC DE 1.02,2.03,9.01 04/11/11 American BioCare, Inc. NV 2.01,2.03,9.01 04/11/11 American Casino & Entertainment Prope DE 8.01 04/15/11 AMERICAN EXPRESS CO NY 7.01 04/15/11 American Reprographics CO DE 5.02,9.01 04/14/11 AMERIGO ENERGY, INC. DE 4.02 04/15/01 AMEND AMES NATIONAL CORP IA 2.02,7.01,9.01 04/15/11 AMETEK INC/ DE 8.01,9.01 04/15/11 AML COMMUNICATIONS INC DE 1.01,1.02,5.02,9.01 04/11/11 ANAREN INC NY 1.02,9.01 04/13/11 ANGEION CORP/MN MN 8.01,9.01 04/15/11 Answers CORP 2.01,3.01,3.03,5.01, 04/14/11 5.02,5.03,5.07,9.01 APACHE CORP DE 8.01 04/15/11 APOLLO GROUP INC AZ 5.02 04/13/11 Apple REIT Ten, Inc. VA 1.01 04/12/11 APTARGROUP INC DE 2.02,9.01 04/15/11 Aquasil International Inc. NV 1.01,2.01,3.02,9.01 04/15/11 ARGAN INC DE 2.02,9.01 04/14/11 ARTESIAN RESOURCES CORP DE 8.01 04/11/11 ASPEN INSURANCE HOLDINGS LTD D0 7.01 04/15/11 AspenBio Pharma, Inc. CO 7.01,8.01,9.01 04/14/11 ASSURED GUARANTY LTD D0 7.01,9.01 04/15/11 BALTIA AIR LINES INC NY 4.01 12/31/10 BANK OF AMERICA CORP /DE/ DE 2.02,7.01,8.01,9.01 04/15/11 BANK OF AMERICA CORP /DE/ DE 5.02,9.01 04/15/11 Bank of New York Mellon CORP DE 5.02,5.07,9.01 04/12/11 BARRETT BUSINESS SERVICES INC MD 5.02,5.03,9.01 04/11/11 BEST BUY CO INC MN 8.01,9.01 04/14/11 BIOSPECIFICS TECHNOLOGIES CORP DE 7.01,9.01 04/15/11 BLUE RIDGE REAL ESTATE CO PA 5.07 04/12/11 BON TON STORES INC PA 5.02,9.01 04/12/11 BROOKLINE BANCORP INC DE 1.01 04/11/11 CABELAS INC DE 7.01,9.01 04/15/11 Calpian, Inc. TX 5.02,9.01 04/13/11 CANANDAIGUA NATIONAL CORP NY 5.07 04/13/11 CAPITAL BANK CORP NC 4.01,9.01 04/12/11 CAPITAL ONE FINANCIAL CORP DE 7.01,9.01 04/14/11 Cardiogenesis Corp /CA CA 1.01,8.01,9.01 04/14/11 CAREADVANTAGE INC 1.01,8.01 04/15/11 CASEYS GENERAL STORES INC IA 7.01 04/14/11 AMEND CEL SCI CORP CO 8.01 04/15/11 CENTER FINANCIAL CORP CA 1.01,9.01 04/13/11 CHASE CREDIT CARD MASTER TRUST NY 8.01,9.01 04/15/11 CHEROKEE INC DE 7.01 04/14/11 CHINA GREEN MATERIAL TECHNOLOGIES, IN NV 2.02,9.01 04/13/11 China Media Group CORP TX 8.01 04/15/11 China Media Group CORP TX 1.01 04/15/11 AMEND China New Energy Group CO DE 8.01 04/15/11 China New Energy Group CO DE 1.01,9.01 03/28/11 Chino Commercial Bancorp CA 9.01 04/15/11 CHRISTOPHER & BANKS CORP DE 5.02,9.01 04/15/11 CIRRUS LOGIC INC DE 2.02,7.01,9.01 04/14/11 CITIBANK OMNI-S MASTER TRUST 8.01 04/15/11 CITIZENS & NORTHERN CORP PA 2.02,9.01 04/15/11 CITIZENS INC CO 8.01,9.01 04/14/11 Clean Slate, Inc. DE 1.01,5.01,5.02,9.01 04/14/11 COLONIAL COMMERCIAL CORP NY 1.01,2.03,9.01 04/13/11 Colonial Financial Services, Inc. MD 8.01,9.01 04/12/11 COMCAST CORP PA 2.01,9.01 01/28/11 AMEND COMMONWEALTH BANKSHARES INC VA 2.02,9.01 04/15/11 COMMUNITY HEALTH SYSTEMS INC DE 7.01 04/15/11 COMPLETE GENOMICS INC DE 5.02 04/11/11 CONVERA Corp DE 8.01,9.01 04/12/11 CORGENIX MEDICAL CORP/CO NV 1.01,9.01 04/11/11 COST PLUS INC/CA/ CA 5.02 04/11/11 CRYO CELL INTERNATIONAL INC DE 2.02,9.01 04/13/11 CRYOLIFE INC FL 1.01,8.01,9.01 04/14/11 CYNOSURE INC 9.01 02/02/11 AMEND CYTOMEDIX INC DE 4.01,9.01 04/13/11 DAVEY TREE EXPERT CO OH 8.01 04/15/11 DELCATH SYSTEMS INC DE 7.01,9.01 04/11/11 DEMAND MEDIA INC. DE 5.02 04/13/11 DEVELOPERS DIVERSIFIED REALTY CORP OH 5.02 04/11/11 Diversified Restaurant Holdings, Inc. NV 4.01,9.01 04/13/11 Double Eagle Holdings, Ltd. NV 1.01,2.01,3.02,5.01, 04/14/11 5.02,9.01 DOVER MOTORSPORTS INC DE 1.01,2.03,9.01 04/12/11 EAGLE ROCK ENERGY PARTNERS L P DE 5.02 04/15/11 ECA Marcellus Trust I DE 1.01,9.01 04/12/11 ECOLOCAP SOLUTIONS INC. NV 1.01,9.01 04/14/11 ECOSYSTEM CORP 4.02 04/12/11 EDGAR ONLINE INC DE 5.02 04/13/11 EMPIRE RESORTS INC DE 8.01,9.01 04/12/11 ENDURANCE SPECIALTY HOLDINGS LTD 7.01,9.01 04/15/11 Energy Transfer Partners, L.P. DE 5.02 04/14/11 Ensco plc 2.02,9.01 04/15/11 ENTERGY MISSISSIPPI INC MS 8.01,9.01 04/15/11 ES Bancshares, Inc. MD 2.02,9.01 04/13/11 EXELON CORP PA 7.01,9.01 04/15/11 EXOPACK HOLDING CORP 5.02 04/15/11 FARO TECHNOLOGIES INC FL 5.02,9.01 04/13/11 FBL FINANCIAL GROUP INC IA 8.01 04/15/11 Federal Home Loan Bank of San Francis X1 7.01 04/14/11 FERRO CORP OH 7.01,9.01 04/15/11 FIRST ASIA HOLDINGS Ltd A6 3.02 04/15/11 FIRST BANCORP /PR/ PR 1.01,3.03,5.03,8.01, 04/12/11 9.01 FIRST M&F CORP/MS MS 5.07 04/15/11 FIRST NIAGARA FINANCIAL GROUP INC DE 2.01,5.02,9.01 04/15/11 FIRST SECURITY GROUP INC/TN TN 5.02 04/11/11 Forbes Energy Services Ltd. D0 5.02 04/11/11 FORCE FUELS INC. 1.01,9.01 04/12/11 FOREST OIL CORP NY 1.01 04/12/11 FRANKLIN FINANCIAL SERVICES CORP /PA/ PA 8.01,9.01 04/15/11 FULLER H B CO MN 5.07 04/14/11 FuLuCai Productions Ltd. NV 1.01,9.01 04/15/11 FUSION TELECOMMUNICATIONS INTERNATION DE 1.01,2.03 04/15/11 GARDNER DENVER INC DE 7.01,9.01 04/13/11 GENTA INC DE/ DE 8.01 04/15/11 GENUINE PARTS CO GA 2.02,9.01 04/15/11 GLOBAL AXCESS CORP NV 5.02,8.01,9.01 04/12/11 GLOBAL NUTECH, INC. 7.01,9.01 04/11/11 Golden State Water CO CA 2.03,7.01,9.01 04/14/11 GOLDMAN SACHS GROUP INC DE 9.01 04/15/11 GRACO INC MN 1.01,9.01 04/14/11 GRAHAM PACKAGING HOLDINGS CO DE 8.01,9.01 04/13/11 GRAHAM PACKAGING HOLDINGS CO DE 1.01,1.02,5.02,9.01 04/12/11 Graystone Co DE 2.01,8.01 04/15/11 GREAT PLAINS ENERGY INC MO 8.01 04/12/11 GROUP 1 AUTOMOTIVE INC DE 7.01,9.01 04/14/11 Grubb & Ellis Healthcare REIT II, Inc MD 2.03,9.01 04/08/11 AMEND GS ENVIROSERVICES, INC. DE 4.02 04/12/11 H & H Imports, Inc. FL 1.01,3.02,9.01 04/11/11 Harbin Electric, Inc 7.01,9.01 04/14/11 HARVARD BIOSCIENCE INC DE 7.01,9.01 04/15/11 HEARTLAND PAYMENT SYSTEMS INC DE 5.02,9.01 04/11/11 Helios & Matheson North America Inc. DE 8.01 04/12/11 HERCULES TECHNOLOGY GROWTH CAPITAL IN MD 8.01,9.01 04/11/11 HIGHLAND BUSINESS SERVICES, INC. NV 5.02 04/15/11 Hines Global REIT, Inc. MD 8.01,9.01 04/15/11 HOLLY ENERGY PARTNERS LP DE 7.01,9.01 04/15/11 HOST HOTELS & RESORTS, INC. MD 8.01,9.01 04/15/11 IGATE CORP PA 1.01,8.01,9.01 04/14/11 INOVIO PHARMACEUTICALS, INC. 5.02,9.01 04/14/11 InsPro Technologies Corp DE 8.01,9.01 04/01/11 INTEGRA BANK CORP IN 3.01,7.01,9.01 04/13/11 Intelimax Media Inc. 1.01,9.01 04/12/11 INTERNATIONAL GAME TECHNOLOGY NV 1.01,1.02,2.03,9.01 04/14/11 Investors Bancorp Inc DE 5.02 04/13/11 INX Inc DE 3.01,9.01 04/12/11 Iowa Renewable Energy, LLC IA 1.01,7.01,9.01 04/15/11 IRIS INTERNATIONAL INC DE 5.02 04/12/11 IVT SOFTWARE INC 1.01,2.01,3.02,5.01, 12/28/10 AMEND 5.02,5.03,5.06,8.01, 9.01 JABIL CIRCUIT INC DE 5.02 03/24/11 AMEND James River Coal CO VA 8.01 04/12/11 JOHNSON & JOHNSON NJ 8.01,9.01 04/15/11 Keyuan Petrochemicals, Inc. NV 7.01,8.01,9.01 04/01/11 AMEND Kips Bay Medical, Inc. DE 5.02,8.01 04/11/11 KIT digital, Inc. DE 1.01,2.02,9.01 04/11/11 Klein Retail Centers, Inc. DE 8.01 04/15/11 KNOLL INC DE 2.02,9.01 04/15/11 KUNEKT CORP NV 8.01,9.01 04/13/11 LEFT BEHIND GAMES INC. WA 7.01,9.01 04/15/11 LEGEND INTERNATIONAL HOLDINGS INC DE 7.01 04/12/11 Leo Motors, Inc. 4.01,9.01 04/07/11 LEVI STRAUSS & CO DE 5.07 04/14/11 Lightning Gaming, Inc. NV 1.01,2.03,3.02,9.01 04/13/11 Live Nation Entertainment, Inc. DE 5.02,8.01 04/15/11 LKQ CORP DE 7.01,9.01 04/12/11 LONGWEI PETROLEUM INVESTMENT HOLDING CO 7.01,9.01 04/15/11 Magnum dOr Resources Inc NV 3.01,5.01,5.02,9.01 03/18/11 Majestic Capital, Ltd. 8.01,9.01 03/31/11 MANNATECH INC TX 8.01,9.01 04/11/11 MAP Pharmaceuticals, Inc. DE 5.02 04/11/11 MARTIN MIDSTREAM PARTNERS LP DE 2.02,7.01,9.01 04/14/11 MARVELL TECHNOLOGY GROUP LTD D0 5.02 04/11/11 MATTEL INC /DE/ DE 2.02,8.01,9.01 04/15/11 Merck & Co. Inc. NJ 1.01,8.01,9.01 04/15/11 MILLER ENERGY RESOURCES, INC. 5.03,9.01 04/12/11 MOHEGAN TRIBAL GAMING AUTHORITY 2.02,9.01 04/15/11 MONARCH CEMENT CO KS 5.07 04/15/11 MONEYGRAM INTERNATIONAL INC 8.01,9.01 04/15/11 MONSANTO CO /NEW/ DE 9.01 04/12/11 MORRIS PUBLISHING GROUP LLC GA 8.01 04/15/11 MOTRICITY INC DE 1.01,2.03,9.01 04/11/11 MS STRUCTURED SATURNS SERIES 2001-4 DE 8.01 04/15/11 MTS SYSTEMS CORP MN 8.01,9.01 04/14/11 NARA BANCORP INC DE 1.01,9.01 04/13/11 NASDAQ OMX GROUP, INC. DE 5.02,9.01 04/11/11 NATIONAL SECURITY GROUP INC DE 8.01,9.01 04/15/11 NATURALLY ADVANCED TECHNOLOGIES INC A1 8.01,9.01 04/14/11 NewPage Holding CORP DE 5.02,9.01 04/11/11 NEWS CORP 5.03,9.01 04/12/11 nFinanSe Inc. 5.02 04/11/11 Nissan Auto Receivables 2011-A Owner DE 1.01,8.01,9.01 04/13/11 NORTHSTAR REALTY 5.02 04/13/11 NUGEN HOLDINGS, INC. DE 9.01 01/29/10 AMEND NVE CORP /NEW/ MN 1.01,9.01 04/12/11 AMEND OLD DOMINION ELECTRIC COOPERATIVE VA 5.02 04/14/11 OMNICELL, Inc CA 5.02,9.01 02/02/11 AMEND OPHTHALMIC IMAGING SYSTEMS CA 4.02 04/13/11 OPTICAL CABLE CORP VA 1.01,9.01 04/11/11 Orange 21 Inc. DE 1.01,5.02,9.01 04/11/11 Otter Tail Corp MN 5.07 04/11/11 OWENS & MINOR INC/VA/ VA 5.02 04/15/11 PAA NATURAL GAS STORAGE LP DE 9.01 02/09/11 AMEND PACIFIC GAS & ELECTRIC Co CA 8.01 04/14/11 PAPA JOHNS INTERNATIONAL INC DE 5.02,7.01,9.01 04/15/11 PARK NATIONAL CORP /OH/ OH 7.01,8.01,9.01 04/15/11 PG&E CORP CA 8.01 04/14/11 PHAR MOR INC PA 7.01 04/15/11 PINNACLE BANKSHARES CORP VA 5.07 04/12/11 Pinnacle Foods Finance LLC DE 8.01,9.01 04/15/11 PivX Solutions, Inc. NV 5.02 04/15/11 PLAYLOGIC ENTERTAINMENT INC DE 8.01 04/15/11 PLURISTEM THERAPEUTICS INC NV 8.01 04/15/11 POPULAR INC 8.01,9.01 04/15/11 POZEN INC /NC 8.01,9.01 04/14/11 PREFERRED APARTMENT COMMUNITIES INC MD 1.01,9.01 04/11/11 PREMIER FINANCIAL BANCORP INC KY 7.01,9.01 04/11/11 Primerica, Inc. DE 1.01,8.01,9.01 04/14/11 PROASSURANCE CORP DE 1.01,2.03 04/15/11 PROGRESS ENERGY INC NC 7.01,9.01 12/31/10 PROVIDENCE RESOURCES INC TX 5.02 04/14/11 PULSE ELECTRONICS CORP PA 8.01,9.01 04/15/11 RECOVERY ENERGY, INC. NV 5.02,9.01 04/11/11 RENTECH INC /CO/ CO 1.01,9.01 04/12/11 REPUBLIC SERVICES, INC. DE 8.01,9.01 04/15/11 RETAIL OPPORTUNITY INVESTMENTS CORP DE 8.01,9.01 12/16/10 RETAIL OPPORTUNITY INVESTMENTS CORP DE 2.01,9.01 02/17/11 AMEND Revolutions Medical CORP NV 1.01,5.02,9.01 04/11/11 RIDGEFIELD ACQUISITION CORP CO 8.01,9.01 04/13/11 RIDGEWOOD ENERGY A-1 FUND LLC DE 5.07 04/12/11 Ridgewood Energy W Fund LLC DE 5.07 04/12/11 RIDGEWOOD ENERGY X FUND, LLC DE 5.07 04/12/11 RIDGEWOOD ENERGY Y FUND LLC DE 5.07 04/12/11 RTG VENTURES INC FL 5.02,9.01 04/06/11 RXI PHARMACEUTICALS CORP 1.01,5.02,8.01,9.01 04/15/11 SCANSOURCE INC SC 2.01,5.02,9.01 04/13/11 SCHWAB CHARLES CORP DE 2.02,9.01 04/15/11 SEAFARER EXPLORATION CORP DE 8.01 04/15/11 Sebring Software, Inc. NV 4.01,9.01 01/03/10 Selga Inc NV 1.01,5.01,5.02 03/31/11 SEVERN BANCORP INC MD 2.02,9.01 04/15/11 SHERIDAN GROUP INC DE 8.01,9.01 04/15/11 SL GREEN REALTY CORP MD 1.01,9.01 04/11/11 SM Energy Co DE 7.01,9.01 04/15/11 SOLAR ACQUISITION CORP. FL 4.01,9.01 04/01/11 Solera National Bancorp, Inc. DE 5.02,9.01 02/23/11 AMEND SPANISH BROADCASTING SYSTEM INC DE 3.01,9.01 04/12/11 SPUR RANCH, INC. FL 5.02,9.01 04/07/11 ST LAWRENCE SEAWAY CORP DE 2.01,3.02,5.01,5.02, 04/04/11 AMEND 5.03,5.06,9.01 STAGE STORES INC NV 1.01,5.02 04/11/11 STANDARD MICROSYSTEMS CORP DE 5.02,9.01 04/12/11 STAR BUFFET INC DE 3.01 04/13/11 STATE BANCORP INC NY 2.02,9.01 04/13/11 STEELCASE INC MI 5.02,9.01 04/12/11 SUFFOLK BANCORP NY 5.07 04/12/11 SunGame Corp DE 2.01,3.02,5.01,8.01, 04/15/11 9.01 SUNRISE SENIOR LIVING INC DE 1.01,2.03,3.02,9.01 04/14/11 SUNVALLEY SOLAR, INC. NV 1.02 09/14/10 AMEND SUPERVALU INC DE 2.02 04/15/11 AMEND Swisher Hygiene Inc. DE 8.01,9.01 04/15/11 SWISSINSO HOLDING INC. DE 5.02,9.01 04/12/11 SYNTA PHARMACEUTICALS CORP 1.01,8.01,9.01 04/14/11 TANDY BRANDS ACCESSORIES INC DE 1.01 04/12/11 Targeted Medical Pharma, Inc. 2.01,9.01 04/15/11 AMEND TearLab Corp DE 1.01 11/02/09 AMEND TEXTRON INC DE 1.01,9.01 04/13/11 TIER TECHNOLOGIES INC DE 5.02 04/14/11 TigerLogic CORP DE 5.02 04/11/11 Total Nutraceutical Solutions, Inc. NV 8.01,9.01 03/01/11 TREY RESOURCES INC DE 1.01,2.03,9.01 04/11/11 UNITED FIRE & CASUALTY CO IA 8.01,9.01 04/14/11 UNITED STATES CELLULAR CORP DE 5.02,9.01 04/12/11 UNITED STATIONERS INC DE 1.01,5.02,9.01 04/11/11 USA TECHNOLOGIES INC PA 5.02,8.01,9.01 04/14/11 VALMONT INDUSTRIES INC DE 2.02,9.01 04/14/11 VIROPHARMA INC DE 8.01 04/15/11 Volcano Corp DE 5.02,9.01 04/14/11 VORNADO REALTY LP DE 7.01,9.01 04/15/11 VORNADO REALTY TRUST MD 7.01,9.01 04/15/11 WAL MART STORES INC DE 8.01,9.01 04/11/11 WEBSTER FINANCIAL CORP DE 2.02,9.01 04/15/11 WINTRUST FINANCIAL CORP IL 5.03,8.01,9.01 04/11/11 Xenith Bankshares, Inc. VA 8.01,9.01 04/14/11 ZALE CORP DE 8.01 04/14/11 ZION OIL & GAS INC DE 8.01,9.01 04/15/11 ZOGENIX, INC. DE 8.01 04/13/11 Zoo Entertainment, Inc DE 4.02 04/13/11 Zoo Entertainment, Inc DE 2.02,9.01 04/15/11