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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-115
June 15, 2011

Commission announcements

SEC Suspends Trading in the Securities of Voice One Corp.

On June 15, 2011, the Securities and Exchange Commission announced the temporary suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 (the Exchange Act), of trading of the securities of Voice One Corp. (Voice One) at 9:30 a.m. on June 15, 2011, and terminating at 11:59 p.m. on June 28, 2011.

The Commission temporarily suspended trading in the securities of Voice One due to a lack of adequate and accurate information about the company’s management and financing arrangements involving related parties.

The Commission cautions brokers, dealers, shareholders, and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by the company.

Further, brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the Exchange Act, at the termination of the trading suspension, no quotation may be entered unless and until the broker or dealer has strictly complied with all of the provisions of the rule. If any broker or dealer has any questions as to whether or not he has complied with the rule, he should not enter any quotations but immediately contact the staff in the Division of Trading and Markets, Office of Interpretation and Guidance, at (202) 551-5777. If any broker or dealer is uncertain as to what is required by Rule 15c2-11, he should refrain from entering quotations relating to Voice One’s securities until such time as he has familiarized himself with the rule and is certain that all of its provisions have been met. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action.

If any broker, dealer, or other person has any information which may relate to this matter, he or she should contact Jennifer Leete, Assistant Director in the Division of Enforcement, at (202) 551-4971. (Rel. 34-64671)

SEC Proposes Ways to Strengthen Audits and Reporting of Broker-Dealers to Protect Customer Assets

The Securities and Exchange Commission today unanimously proposed amendments to the broker-dealer financial reporting rule in order to strengthen the audits of broker-dealers as well as the SEC’s oversight of the way broker-dealers handle their customers’ securities and cash.  

The SEC’s proposal builds upon rules adopted in December 2009 that strengthened the protections provided to investors who turn their assets over to investment advisers.

“When investors hand their assets over to a broker-dealer, they trust that their broker-dealer will hold and invest the assets as directed,” said SEC Chairman Mary L. Schapiro.  “To protect investors and help maintain confidence in the market, we must take strong steps to help safeguard the assets held by broker-dealers.”

The SEC’s proposal is intended to strengthen the annual audits of broker-dealers by requiring an increased focus on the custody activities of broker-dealers.  While current rules require broker-dealers to protect and account for customer assets, the proposed rule amendments would mandate an audit of the controls that the broker-dealer has put in place.

Additionally, the proposal would strengthen oversight of broker-dealer custody practices by requiring broker-dealers that maintain custody of customer assets or self-clear transactions to allow SEC staff and the relevant designated examining authority to review work papers of the public accounting firm that audits the broker-dealer and discuss any findings with the accounting firm.  The proposed amendments also would require all broker-dealers to quarterly file a proposed new form that would elicit information about the custody practices of the broker-dealer to be used as a starting point for examinations by regulators.

Public comments on the SEC’s proposal should be received within 60 days of its publication in the Federal Register. (Press Rel. 2011-128)

SEC Concludes That Certain Stanford Ponzi Scheme Investors are Entitled to Protections of SIPA

The Securities and Exchange Commission today concluded that certain individuals who invested money through the Stanford Group Company – a U.S. broker-dealer owned and used by Allen Stanford to perpetrate a massive Ponzi scheme – are entitled to the protections of the Securities Investor Protection Act of 1970 (SIPA).

In exercising its discretionary authority under SIPA and based on the totality of the facts and circumstances of the case, the Commission asked the Securities Investor Protection Corporation (SIPC) to initiate a court proceeding under SIPA to liquidate the broker-dealer.

According to its 2009 complaint, the SEC alleged that Allen Stanford operated a Ponzi scheme in which certain investors were sold certificates of deposit (CDs) issued by Stanford International Bank Ltd. (SIBL) through the Stanford Group Company (SGC).  SGC is a SIPC Member.

In an analysis provided to SIPC, the SEC explains that, on the specific facts of this case, investors with brokerage accounts at SGC who purchased the CDs through the broker-dealer qualify for protected “customer” status under SIPA.

In reaching its determination, the SEC cited the conclusions in the report of the court appointed-receiver for SGC, who noted that the many companies controlled and directly or indirectly owned by Stanford “were operated in a highly interconnected fashion, with a core objective of selling” the CDs. 

Among other things, the receiver also noted that “[c]orporate separateness was not respected within the Stanford empire. ... Money was transferred from entity to entity as needed, irrespective of legitimate business need.  Ultimately, all of the fund transfers supported the Ponzi scheme in one way or another, or benefitted Allen Stanford personally.”

The Commission further determined that, in light of all of the facts and circumstances in this case, the customers’ claims should be based on their net investment in the fraudulent CDs used to carry out the Ponzi scheme. 

A SIPA liquidation proceeding would allow investors with accounts at SGC to file claims with a trustee selected by SIPC.  The trustee would decide whether the investors have “customer” claims that are protected by the statute.  An investor who disagreed with the trustee’s determination could seek court review.

The Commission has authorized its staff to file an action in federal district court under SIPA to compel SIPC to initiate a liquidation proceeding in the event SIPC does not do so. (Press Rel. 2011-129)

Commission Meetings

Closed Meeting on Thursday, June 23, 2011, at 2:00 p.m.

The subject matter of the Closed Meeting scheduled for Thursday, June 23, 2011 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.

Enforcement proceedings

John D. Van Fleet, CPA Reinstated to Appear and Practice Before the Commission as an Accountant Responsible for the Preparation or Review of Financial Statements Required to be Filed With the Commission

Pursuant to Rule 102(e)(5)(i) of the Commission's Rules of Practice, John D. Van Fleet, CPA has applied for and been granted reinstatement of his privilege to appear and practice before the Commission as an accountant responsible for the preparation or review of financial statements required to be filed with the Commission. Mr. Van Fleet was suspended from appearing or practicing before the Commission as an accountant on June 2, 2005. His reinstatement is effective immediately. (Rel. 34-64668; AAE Rel. 3291; File No. 3-11940)

Gregory Pasko, CPA Reinstated to Appear and Practice Before the Commission as an Accountant Responsible for the Preparation or Review of Financial Statements Required to be Filed With the Commission

Pursuant to Rule 102(e)(5)(i) of the Commission's Rules of Practice, Gregory Pasko, CPA has applied for and been granted reinstatement of his privilege to appear and practice before the Commission as an accountant responsible for the preparation or review of financial statements required to be filed with the Commission. Mr. Pasko was suspended from appearing or practicing before the Commission as an accountant on Dec. 10, 2009. His reinstatement is effective immediately. (Rel. 34-64669; AAE Rel. 3292; File No. 3-13711)

Laurence D. Cohen, CPA Reinstated to Appear and Practice Before the Commission as an Accountant Responsible for the Preparation or Review of Financial Statements Required to be Filed With tThe Commission

Pursuant to Rule 102(e)(5)(i) of the Commission's Rules of Practice, Laurence D. Cohen, CPA has applied for and been granted reinstatement of his privilege to appear and practice before the Commission as an accountant responsible for the preparation or review of financial statements required to be filed with the Commission. Mr. Cohen was suspended from appearing or practicing before the Commission as an accountant on Dec. 27, 2004. His reinstatement is effective immediately. (Rel. 34-64670; AAE Rel. 3293; File No. 3-11783)

In the Matter of Dechtar Direct Inc.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default as to Six Respondents (Default Order) in Dechtar Direct Inc., Admin. Proc. No. 3-14391. The Order Instituting Proceedings alleged that Respondents repeatedly failed 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 and revokes the registrations of each class of registered securities of Dechtar Direct Inc., DigitalReach Holdings, Inc. (n/k/a People Dynamics Holdings, Inc.), DLD Group, Inc., DNA Plant Technology Corp., Docplanet.com, Inc., and Docugraphix, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934.

The proceeding has ended as to Respondent DTC Data Technology Corp. See Dechtar Direct Inc., Exchange Act Release No. 64619 (June 8, 2011). The Division and Respondent Dippy Foods, Inc. are in settlement negotiations, and the proceeding is therefore pending the outcome of those negotiations. (Rel. 34-64672; File No. 3-14391)

In the Matter of Pegasus Investment Management, LLC, Peter Benjamin Bortel, and Douglas Wayne Saksa

The Securities and Exchange Commission today brought charges against Bainbridge Island, Washington hedge fund manager Pegasus Investment Management, LLC (PIM) for failing to disclose to fund investors its receipt of cash payments from a third party. PIM combined its securities trades with another firms’ in order for that firm to receive volume discounts. PIM was paid $90,000 over a 10-month period for its role in the scheme and retained the money for itself rather than passing it along to fund investors.

The SEC also charged PIM’s Vice President, Peter Benjamin Bortel, for his role in the violations, and PIM’s President and Chief Compliance Officer, Douglas Wayne Saksa, for failing reasonably to supervise Bortel. Without admitting or denying the SEC’s findings, PIM, Bortel, and Saksa agreed to settle the charges by disgorging the $90,000 and paying penalties totaling $75,000.

According to the administrative order issued today, in spring 2008, a proprietary trading firm sought to obtain a reduced commission rate for its futures trading business. The firm worked out an arrangement with PIM whereby the firms would combine their trading volume so the other firm could obtain this reduced commission rate from the broker. The firm then compensated PIM by paying it $0.50 for each trade that PIM made with the broker. The firm provided Bortel with monthly reconciliation statements showing the total revenue generated by the arrangement. PIM improperly treated the undisclosed payments as its own rather than as an asset of the funds it managed.

The SEC’s order finds that PIM and Bortel willfully violated Section 206(2) of the Investment Advisers Act and that PIM and Saksa failed to reasonably supervise Bortel within the meaning of Section 203(e)(6) of the Advisers Act. The order censures PIM, Bortel, and Saksa, orders PIM and Bortel to cease and desist from future violations of Section 206(2), requires PIM to disgorge $90,000 in undisclosed payments, and levies $50,000 and $25,000 civil penalties against Bortel and Saksa, respectively. PIM, Bortel, and Saksa consented to the entry of the order without admitting or denying the findings.

The case was investigated by Sahil W. Desai and Robert S. Leach of the San Francisco Regional Office, both of whom are members of the SEC’s Asset Management Unit. The examination of PIM was conducted by Vivien Lin, Cindy Tom, and Ada Chee of the San Francisco Regional Office’s investment adviser/investment company examination program. (Rel. IA-3215; File No. 3-14425)

SEC Obtains Summary Judgment Against Defendants in Fraudulent Investment Scheme

On June 6, 2011, the Honorable Dale A. Kimball of the United States District Court for the District of Utah granted the SEC’s motion for summary judgment and entered final judgment against defendants Brian J. Smart of Lehi, Utah, and his company Smart Assets, LLC in SEC v. Brian J. Smart, et al., Case No. 2:09-CV-00224 (D. Utah). The Court found that Smart and his company violated the antifraud provisions of the federal securities laws, and ordered defendants to pay $4.7 million in disgorgement and civil penalties.

The SEC filed this action against the defendants on March 11, 2009, alleging that Smart and his company had engaged in a Ponzi-like scheme in the offer and sale of promissory notes and other securities. The complaint alleged that Smart falsely represented to investors, including senior citizens, that he was providing a conservative, liquid investment opportunity. Instead, according to the complaint, Smart was misappropriating investor funds for his own personal use, investing in illiquid and ill-fated real estate ventures, and using proceeds from new investors to make payments to earlier investors.

On the day this action was filed, the Court granted the SEC’s motion for a temporary restraining order, asset freeze, and other preliminary relief. Subsequently, on August 21, 2009, the Court granted the SEC’s motion for a preliminary injunction against the defendants.

After completion of discovery in this case, the parties moved for summary judgment. In granting the SEC’s motion for summary judgment and entering final judgment, the Court found that Smart and his company misappropriated over $2.05 million from investors through a “systematic program of deception and fraud.” The Court found that Smart targeted elderly investors and that he falsely represented that he would place investor funds in safe, principal guaranteed investments. Instead, the Court found, Smart used investor money to pay personal expenses, to invest in risky real estate ventures and hard money loans, and to pay purported “dividends” to other investors.

The Court’s final judgment against Smart and Smart Assets permanently enjoins the defendants from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Exchange Act Rule 10b-5, and orders defendants to pay $2,059,077 in disgorgement, $597,426 in prejudgment interest, and a $2,059,077 civil penalty.

For further information regarding this case, see Litigation Release No. 20946 (March 12, 2009). [SEC v. Brian J. Smart and Smart Assets, LLC, Case No. 2:09-CV-00224 (D. Utah)] (LR-22001)

Self-regulatory organizations

Approval of Proposed Rule Change

The Commission granted approval of a proposed rule change (SR-CBOE-2011-041) submitted by the Chicago Board Options Exchange establishing Qualified Contingent Cross Orders. Publication is expected in the Federal Register during the week of June 13. (Rel. 34-64653)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by the Financial Industry Regulatory Authority (SR-FINRA-2011-025) to extend a TRACE pilot program 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 June 13. (Rel. 34-64665)

A proposed rule change filed by the National Securities Clearing Corporation (SR-NSCC-2011-03) to clarify provisions related to the Analytic Reporting Service has become effective pursuant to Section 19(b)(3)(A)(iii) of the Securities Exchange Act of 1934 and Rule 19b-4(f)(4) thereunder. Publication is expected in the Federal Register during the week of June 13. (Rel. 34-64666)

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 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.

N-2     Triton Pacific Investment Corporation, Inc., 
        10877 WILSHIRE BLVD., 12TH FLOOR, LOS ANGELES, CA, 90024, 
        310-943-4990 - 20,000,000 ($300,000,000.00) Equity, (File 333-174873 - 
        Jun. 14) (BR. 18)

S-1     GELTOLOGY INC, 54 WEST 16TH STREET, 10B, NEW YORK, NY, 10011, 
        888 841 2841 - 5,000,000 ($100,000.00) Equity, (File 333-174874 - 
        Jun. 14) (BR. 09)

        PA, 16133, 814 786 8849 - 1,674,400 ($310,120.00) Equity, 
        (File 333-174876 - Jun. 14) (BR. 01)

        SALT LAKE CITY, UT, 84145, 8013242400 - 
        250,000,000 ($250,000,000.00) Debt, (File 333-174877 - Jun. 14) 
        (BR. 02C)

        011-31-70-344-7308 - 0 ($0.00) Other, (File 333-174878 - Jun. 14) 
        (BR. 01A)

        77056, 832-369-6986 - 0 ($300,030,321.00) Equity, (File 333-174879 - 
        Jun. 14) (BR. 04C)

        BLOOMFIELD HILLS, MI, 48303-0200, 2482586800 - 
        0 ($0.00) Unallocated (Universal) Shelf, (File 333-174880 - Jun. 14) 
        (BR. 08C)

        CO, 80226, 303-984-5324 - 0 ($4,000,000.00) Equity, (File 333-174881 - 
        Jun. 14) (BR. 04B)

        8454522000 - 432,805 ($22,605,405.00) Equity, (File 333-174882 - 
        Jun. 14) (BR. 02A)

        6106875253 - 0 ($6,000,000.00) Other, (File 333-174883 - Jun. 14) 
        (BR. 06C)

S-8     IEC ELECTRONICS CORP, 105 NORTON ST, NEWARK, NY, 14513, 3153317742 - 
        2,000,000 ($13,530,000.00) Equity, (File 333-174884 - Jun. 14) (BR. 03C)

S-3     UniTek Global Services, Inc., 97 LINDEN AVENUE, ELMWOOD PARK, NJ, 
        07407, 201.791.3200 - 0 ($7,500,583.00) Equity, (File 333-174885 - 
        Jun. 14) (BR. 11C)

N-2     Kiewit Investment Fund LLLP, KIEWIT PLAZA, OMAHA, NE, 68131, 
        800-443-4306 - 55 ($1,000,000.00) Limited Partnership Interests, 
        (File 333-174886 - Jun. 14) (BR. 22)

S-1     GWG Holdings, Inc., 220 SOUTH SIXTH STREET, SUITE 1200, MINNEAPOLIS, 
        MN, 55402, 877-494-2388 - 0 ($250,000,000.00) Non-Convertible Debt, 
        (File 333-174887 - Jun. 14) (BR. )

S-3ASR  Tim Hortons Inc., 874 SINCLAIR ROAD, OAKVILLE, A6, L6K 2Y1, 
        (905) 845-6511 - 5,000,000 ($220,550,000.00) Equity, (File 333-174888 - 
        Jun. 14) (BR. 05B)

        (412)450-0028 - 7,250,000 ($145,000.00) Equity, (File 333-174889 - 
        Jun. 14) (BR. )

S-8     Capitol Federal Financial Inc, 700 KANSAS AVENUE, TOPEKA, KS, 66603, 
        785-235-1341 - 5,000,000 ($61,399,063.00) Equity, (File 333-174890 - 
        Jun. 14) (BR. 07A)

S-8     Capitol Federal Financial Inc, 700 KANSAS AVENUE, TOPEKA, KS, 66603, 
        785-235-1341 - 372,349 ($4,341,589.00) Equity, (File 333-174891 - 
        Jun. 14) (BR. 07A)

        972 9 774 8752 - 786,000 ($39,300.00) Equity, (File 333-174892 - 
        Jun. 14) (BR. )

Recent 8K Filings

Form 8-K is used by companies to file current reports on the following events:


Entry into a Material Definitive Agreement


Termination of a Material Definitive Agreement


Bankruptcy or Receivership


Completion of Acquisition or Disposition of Assets


Results of Operations and Financial Condition


Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant


Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement


Cost Associated with Exit or Disposal Activities


Material Impairments


Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing


Unregistered Sales of Equity Securities


Material Modifications to Rights of Security Holders


Changes in Registrant's Certifying Accountant


Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review


Changes in Control of Registrant


Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officer


Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year


Temporary Suspension of Trading Under Registrant's Employee Benefit Plans


Amendments to the Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics


Change in Shell Company Status


ABS Informational and Computational Material.


Change of Servicer or Trustee.


Change in Credit Enhancement or Other External Support.


Failure to Make a Required Distribution.


Securities Act Updating Disclosure.


Regulation FD Disclosure


Other Events


Financial Statements and Exhibits

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.

NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT

3DICON CORP                                      1.01,5.02,9.01       06/13/11

AbitibiBowater Inc.                     DE       5.02,5.07            06/08/11

ACADIA PHARMACEUTICALS INC              DE       5.07                 06/14/11

ACCENTIA BIOPHARMACEUTICALS INC                  1.01,2.03,3.02,7.01, 06/13/11
ACCO BRANDS CORP                        DE       7.01,8.01,9.01       05/25/11

ADVANCED CELL TECHNOLOGY, INC.          DE       5.07                 06/09/11

Aegerion Pharmaceuticals, Inc.          DE       5.02                 06/08/11

AEROSONIC CORP /DE/                     DE       2.02,9.01            06/13/11

AGENUS INC                              DE       7.01,9.01            06/14/11

AGILYSYS INC                            OH       2.02,7.01,9.01       06/14/11

AGL RESOURCES INC                       GA       5.07,8.01,9.01       06/14/11

ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            06/14/11

Allied World Assurance Co Holdings, A            1.01,8.01,9.01       06/12/11

Alpha Natural Resources, Inc.           DE       8.01,9.01            06/14/11

ALTERNATE ENERGY HOLDINGS, INC.         NV       5.02                 06/10/11

Amarantus BioSciences, Inc.             DE       8.01                 06/13/11

AMBAC FINANCIAL GROUP INC               DE       5.02                 06/10/11

America's Suppliers, Inc.                        5.07                 06/10/11

AMERICAN EQUITY INVESTMENT LIFE HOLDI   IA       5.07                 06/09/11

American Standard Energy Corp.          DE       8.01,9.01            06/13/11

AMPAL-AMERICAN ISRAEL CORP              NY       8.01,9.01            06/14/11

ANGIODYNAMICS INC                       DE       2.02,5.02,9.01       06/13/11

ante5, Inc.                             DE       8.01                 06/13/11

Apple REIT Ten, Inc.                    VA       5.02                 06/09/11

ARBOR REALTY TRUST INC                  MD       8.01                 06/14/11

ARCH COAL INC                           DE       1.01,2.03,8.01,9.01  06/08/11

ARENA PHARMACEUTICALS INC               DE       5.07                 06/13/11

ARGAN INC                               DE       2.02,9.01            06/13/11

ARI NETWORK SERVICES INC /WI            WI       2.02,9.01            06/14/11

Armour Residential REIT, Inc.           MD       8.01,9.01            06/14/11

ARRAY BIOPHARMA INC                     DE       2.05,9.01            06/13/11

Ascent Media CORP                       DE       8.01,9.01            06/13/11

ASSURANT INC                                     5.02,9.01            06/08/11

ASTEA INTERNATIONAL INC                 DE       5.07                 06/13/11

AVID TECHNOLOGY, INC.                   DE       5.02,5.07            06/10/11

AVIS BUDGET GROUP, INC.                 DE       7.01,9.01            06/14/11

Avro Energy Inc.                        NV       5.02                 06/09/11

Bacterin International Holdings, Inc.   DE       7.01,9.01            06/13/11

BANCORPSOUTH INC                        MS       7.01,9.01            06/14/11

BASIC ENERGY SERVICES INC                        1.01,2.03,9.01       06/13/11

BEAZER HOMES USA INC                    DE       5.02,9.01            06/12/11

BEESTON ENTERPRISES LTD                 NV       3.02                 06/04/11

BEST BUY CO INC                         MN       2.02,7.01,9.01       06/14/11

BIOJECT MEDICAL TECHNOLOGIES INC        OR       5.07                 06/09/11

BIOLASE TECHNOLOGY INC                  DE       7.01,9.01            06/14/11

Bitstream Inc.                          DE       5.07                 06/08/11

Bitzio, Inc.                            NV       5.03,8.01            06/10/11

BLACK HAWK EXPLORATION                           1.01,8.01,9.01       06/03/10

BOEING CO                               DE       5.02,5.03,9.01       06/13/11

BOK FINANCIAL CORP ET AL                OK       1.02,2.03,9.01       06/09/11

BreitBurn Energy Partners L.P.          DE       7.01,9.01            06/14/11

Bristow Group Inc                       DE       5.02,9.01            06/08/11

BROADVIEW NETWORKS HOLDINGS INC         DE       8.01,9.01            06/14/11

Brookdale Senior Living Inc.            DE       1.01,2.03,9.01       06/08/11

Burlington Coat Factory Investments H            7.01,9.01            06/14/11

CABELAS INC                             DE       5.02,5.03,5.07,9.01  06/08/11

CABELAS INC                             DE       5.02                 06/09/11    AMEND

CAMPBELL FUND TRUST                     DE       3.02                 06/14/11

CANTERBURY PARK HOLDING CORP            MN       8.01,9.01            06/14/11

Capital Financial Holdings, Inc         ND       5.02                 06/09/11

CAPSTONE TURBINE Corp                   DE       2.02,9.01            06/14/11

CARACO PHARMACEUTICAL LABORATORIES LT   MI       2.01,3.01,3.03,5.02, 06/14/11
Cardium Therapeutics, Inc.              DE       8.01,9.01            06/13/11

CASEYS GENERAL STORES INC               IA       2.02,9.01            06/14/11

Castle Brands Inc                       FL       1.01,7.01,9.01       06/13/11

Cavitation Technologies, Inc.           NV       1.01                 06/10/11

CC Media Holdings Inc                            1.01,8.01,9.01       06/14/11

CEPHALON INC                            DE       8.01                 06/13/11

CHINA ELECTRIC MOTOR, INC.              DE       3.01                 06/13/11

China Energy Recovery, Inc.             DE       5.02                 06/07/11    AMEND

CHINA GENGSHENG MINERALS, INC.          NV       8.01,9.01            06/14/11

CHINA HGS REAL ESTATE INC.              F4       1.01,8.01,9.01       06/14/11

ChromaDex Corp.                                  7.01,9.01            06/14/11

CIB MARINE BANCSHARES INC               WI       5.02                 06/09/11

CITIZENS REPUBLIC BANCORP, INC.         MI       8.01,9.01            06/14/11

CLEAN HARBORS INC                       MA       5.02                 06/08/11

CLEAR CHANNEL COMMUNICATIONS INC        TX       1.01,2.03,8.01,9.01  06/14/11

CNA SURETY CORP                                  3.01,3.03,5.02,5.03  06/10/11

CODEXIS INC                                      5.02,5.07            06/08/11

Cogito Media Group Inc.                 CO       1.01,3.02,9.01       06/10/11

COLGATE PALMOLIVE CO                    DE       5.07                 05/06/11    AMEND

COMMAND SECURITY CORP                   NY       5.02,9.01            06/09/11

CONCUR TECHNOLOGIES INC                 DE       5.07                 06/08/11    AMEND

Consolidated Communications Holdings,   DE       1.01,7.01,9.01       06/13/11

Converted Organics Inc.                 DE       5.03,5.07,8.01       06/13/11

CORTEX PHARMACEUTICALS INC/DE/          DE       1.01,1.02,9.01       06/10/11

CROWN HOLDINGS INC                      PA       1.01                 06/09/11

Crystal Rock Holdings, Inc.             DE       2.02,9.01            06/14/11

CUTERA INC                              DE       5.07                 06/14/11

CVR ENERGY INC                          DE       7.01,9.01            06/14/11

DELTA PETROLEUM CORP/CO                 CO       5.02                 06/10/11

DENNYS CORP                             DE       8.01                 06/14/11

DIAMOND OFFSHORE DRILLING INC           DE       7.01,9.01            06/14/11

Domark International Inc.               NV       8.01                 06/13/11

Domark International Inc.               NV       8.01                 06/14/11

DOVER Corp                              DE       8.01                 06/14/11

Dussault Apparel Inc.                            3.02                 05/01/11

E-Debit Global Corp.                    CO       8.01                 06/13/11

EDEN ENERGY CORP                        NV       3.02                 06/09/11

Edgen Murray II, L.P.                   DE       5.02                 06/08/11

eHealth, Inc.                           DE       8.01,9.01            06/14/11

ENERGY EDGE TECHNOLOGIES CORP.          NJ       8.01                 06/09/11

Enstar Group LTD                        D0       1.01,2.03            06/13/11

ENTECH SOLAR, INC.                      DE       1.01,3.02,9.01       06/13/11

ENTEGRIS INC                            DE       1.01,1.02,2.03,8.01  06/09/11

EnteroMedics Inc                                 8.01,9.01            06/14/11

EPLUS INC                               DE       2.02,9.01            06/08/11

EQUINIX INC                             DE       5.03,9.01            06/09/11

ESTERLINE TECHNOLOGIES CORP             DE       8.01,9.01            06/14/11

EXACTECH INC                            FL       5.07                 06/09/11

EXPRESS-1 EXPEDITED SOLUTIONS INC       DE       1.01,3.02,8.01,9.01  06/13/11

FACTSET RESEARCH SYSTEMS INC            DE       2.02,9.01            06/14/11

Federal Home Loan Bank of Atlanta       X1       2.03                 06/14/11

Federal Home Loan Bank of Boston        X1       2.03                 06/09/11

Federal Home Loan Bank of Chicago       X1       2.03                 06/08/11

Federal Home Loan Bank of Cincinnati    X1       2.03,9.01            06/08/11

Federal Home Loan Bank of Des Moines    X1       2.03,9.01            06/10/11

Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            06/14/11

Federal Home Loan Bank of New York      X1       2.03,9.01            06/09/11

Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            06/08/11

Federal Home Loan Bank of San Francis   X1       2.03                 06/08/11

Federal Home Loan Bank of Seattle                2.03                 06/08/11

Federal Home Loan Bank of Topeka                 2.03,9.01            06/08/11

FEDERAL REALTY INVESTMENT TRUST         MD       5.02                 06/13/11

FENTURA FINANCIAL INC                   MI       5.02                 06/10/11

FIRST CASH FINANCIAL SERVICES INC       DE       8.01                 06/10/11

First Sentry Bancshares, Inc.           WV       8.01                 06/14/11

FISERV INC                              WI       1.01,2.03,8.01,9.01  06/14/11

FOREST CITY ENTERPRISES INC             OH       5.02,5.07            06/10/11

FREDERICK'S OF HOLLYWOOD GROUP INC /N   NY       2.02,9.01            06/14/11

Freescale Semiconductor Holdings I, L   D0       1.01,2.03,8.01,9.01  06/10/11

FREESTONE RESOURCES, INC.               NV       1.01,9.01            06/14/11

Fresh Market, Inc.                      DE       2.02,7.01,9.01       06/13/11

FUELCELL ENERGY INC                     DE       5.02,9.01            06/14/11

GCI INC                                 AK       1.01,2.03,9.01       06/10/11

GENERAL COMMUNICATION INC               AK       1.01,2.03,9.01       06/10/11

GEOGLOBAL RESOURCES INC.                DE       5.07,8.01,9.01       06/09/11

Global Geophysical Services Inc         DE       1.01,2.03,9.01       06/14/11

GLOBAL GOLD CORP                        DE       5.07,8.01            06/10/11

GMV Wireless, Inc.                      NV       5.03,8.01,9.01       06/13/11

Go Solar USA, Inc.                               5.02                 06/13/11

GOLD HORSE INTERNATIONAL, INC.          FL       2.02,7.01,9.01       06/10/11

GOLDMAN SACHS GROUP INC                 DE       9.01                 06/14/11

GRACO INC                               MN       5.07                 04/21/11    AMEND

Graham Packaging Co Inc.                DE       8.01,9.01            06/14/11

GRAHAM PACKAGING HOLDINGS CO            DE       8.01,9.01            06/13/11

GRANT PARK FUTURES FUND LIMITED PARTN   IL       7.01                 06/14/11

Greektown Superholdings, Inc.           DE       5.07                 06/08/11

GROUP 1 AUTOMOTIVE INC                  DE       8.01,9.01            06/14/11

Grubb & Ellis Healthcare REIT II, Inc   MD       7.01,9.01            06/14/11

GT Solar International, Inc.            DE       7.01,9.01            06/13/11

GTJ REIT, Inc.                          MD       5.07                 06/09/11

H & H Imports, Inc.                     FL       4.01,9.01            06/08/11

HAMPTON ROADS BANKSHARES INC            VA       1.01,8.01,9.01       06/13/11

HANOVER INSURANCE GROUP, INC.           DE       7.01,8.01,9.01       06/14/11

Harbin Electric, Inc                             8.01,9.01            06/10/11

HAUPPAUGE DIGITAL INC                   DE       5.02                 06/09/11

HECLA MINING CO/DE/                     DE       8.01,9.01            06/13/11

HEMACARE CORP /CA/                      CA       4.01                 06/08/11

HERITAGE COMMERCE CORP                  CA       1.02,9.01            06/07/11

HQ SUSTAINABLE MARITIME INDUSTRIES, I   DE       4.01,9.01            05/26/11    AMEND

Hudson Pacific Properties, Inc.         MD       5.07                 06/09/11

IDEX CORP /DE/                          DE       7.01,9.01            06/10/11

IMAGEWARE SYSTEMS INC                   DE       1.01,2.03,3.02,9.01  06/09/11

Industrial Income Trust Inc.            MD       1.01,2.03            06/08/11

INFOSPACE INC                           DE       5.07                 06/08/11

Inland American Real Estate Trust, In   MD       7.01,9.01            06/13/11

IntelGenx Technologies Corp.            DE       7.01                 06/14/11

IntelGenx Technologies Corp.            DE       7.01                 06/14/11

INUVO, INC.                             NV       5.07                 06/13/11

INX Inc                                 DE       8.01                 06/14/11

J C PENNEY CO INC                       DE       1.01,3.02,9.01       06/13/11

J C PENNEY CO INC                       DE       5.02,9.01            06/14/11

JOHNSON & JOHNSON                       NJ       5.02,9.01            06/13/11

KENSINGTON LEASING, LTD.                NV       5.03,9.01            06/10/11

KENT FINANCIAL SERVICES INC             NV       1.01,5.02,9.01       06/13/11

KEYCORP /NEW/                           OH       8.01,9.01            06/13/11

KINDER MORGAN ENERGY PARTNERS L P       DE       7.01                 06/14/11

Kiwibox.Com, Inc.                       DE       7.01,9.01            06/14/11

Kodiak Oil & Gas Corp                   B0       7.01,9.01            06/13/11

KVH INDUSTRIES INC \DE\                 DE       1.01,9.01            06/09/11

LA JOLLA PHARMACEUTICAL CO              DE       8.01                 06/06/11

LAYNE CHRISTENSEN CO                    DE       5.07                 06/09/11

LEHMAN ABS CORP CORP BACKED TRUST CER   DE       8.01,9.01            06/01/11

Limelight Networks, Inc.                DE       5.03,5.07,9.01       06/09/11

LJM Energy Corp.                        NV       5.02,7.01,9.01       06/08/11

lululemon athletica inc.                DE       7.01,9.01            06/14/11

Macquarie CNL Global Income Trust, In   MD       2.01,2.03,7.01,9.01  06/08/11

MAD CATZ INTERACTIVE INC                Z4       2.02,5.02,9.01       06/13/11

MAJIC WHEELS CORP                                4.01                 06/13/11

MANNATECH INC                           TX       8.01,9.01            06/09/11

MARKETAXESS HOLDINGS INC                         5.07                 06/09/11

MASSEY ENERGY CO                        DE       1.01,2.03,8.01,9.01  06/14/11

MCGRAW-HILL COMPANIES INC               NY       7.01,9.01            06/14/11

MESA LABORATORIES INC /CO               CO       2.02,9.01            06/08/11

MGT CAPITAL INVESTMENTS INC             DE       3.01,9.01            06/08/11

MID AMERICA APARTMENT COMMUNITIES INC   TN       7.01,9.01            06/14/11

MILLER ENERGY RESOURCES, INC.                    5.02,7.01,9.01       06/09/11

MONMOUTH REAL ESTATE INVESTMENT CORP    MD       5.07                 05/05/11

MONSANTO CO /NEW/                       DE       5.03,9.01            06/08/11

MOTORCAR PARTS AMERICA INC              NY       2.02,9.01            06/13/11

MSC INDUSTRIAL DIRECT CO INC            NY       1.01,2.03,9.01       06/08/11

Mueller Water Products, Inc.            DE       5.02,9.01            06/14/11

NATIONAL TECHNICAL SYSTEMS INC /CA/     CA       2.02,9.01            06/13/11

NBTY INC                                DE       5.02                 06/13/11

NEAH POWER SYSTEMS, INC.                NV       1.01,3.01            06/08/11

NeoStem, Inc.                           DE       7.01,9.01            06/13/11    AMEND

NETLIST INC                             DE       5.02                 06/14/11

NETWORK ENGINES INC                     DE       8.01,9.01            06/09/11

Neuralstem, Inc.                        DE       7.01,9.01            06/14/11

NEW ENERGY TECHNOLOGIES, INC.                    7.01,9.01            06/14/11

NICOR INC                               IL       7.01                 06/14/11

NIVS IntelliMedia Technology Group, I   DE       4.01                 06/09/11

NORTHWEST BIOTHERAPEUTICS INC           DE       1.01,3.02,5.02       06/08/11

NOVELOS THERAPEUTICS, INC.              DE       9.01                 04/08/11    AMEND

NUPATHE INC.                            DE       1.01,2.03,5.07,8.01  06/08/11

NYXIO TECHNOLOGIES Corp                 NV       5.03,8.01,9.01       06/14/11

Omega Flex, Inc.                        PA       8.01,9.01            06/14/11

ONE LIBERTY PROPERTIES INC              MD       5.07,8.01,9.01       06/14/11

Onstream Media CORP                     FL       5.07                 06/13/11

OPTI INC                                CA       8.01                 06/14/11

Orexigen Therapeutics, Inc.             DE       1.01,5.02,9.01       06/08/11

ORIENT EXPRESS HOTELS LTD               D0       5.05,9.01            06/13/11

Orient Paper Inc.                       NV       8.01,9.01            06/07/11

ORION ENERGY SYSTEMS, INC.              WI       4.02                 06/09/11

PACIFIC PREMIER BANCORP INC             DE       7.01,9.01            03/31/11

PennantPark Floating Rate Capital Ltd            7.01                 06/14/11

PennyMac Mortgage Investment Trust      MD       1.01,2.03,9.01       06/08/11

PERRY ELLIS INTERNATIONAL INC           FL       5.07                 06/09/11

PharMerica CORP                         DE       5.07,7.01,9.01       06/10/11

PHC INC /MA/                            MA       8.01                 06/14/11

PMC COMMERCIAL TRUST /TX                TX       5.07                 06/10/11

POINDEXTER J B & CO INC                 DE       4.02                 06/03/11

PONIARD PHARMACEUTICALS, INC.           WA       5.07,8.01,9.01       06/09/11

PORTFOLIO RECOVERY ASSOCIATES INC       DE       5.07                 06/14/11

POZEN INC /NC                                    5.07                 06/09/11

QUANTUM CORP /DE/                       DE       1.01,8.01,9.01       06/13/11

QUICKLOGIC CORPORATION                  CA       1.01,9.01            06/09/11

RAMTRON INTERNATIONAL CORP              DE       5.02                 06/09/11

RCLC, INC.                              NJ       7.01,9.01            06/10/11

REGEN BIOLOGICS INC                     DE       1.01,1.03,8.01       06/08/11

REGENCY CENTERS CORP                    FL       5.02                 06/13/11

Regenicin, Inc.                         NV       8.01                 06/09/11

RENTECH INC /CO/                        CO       1.01,2.03,9.01       06/10/11

Resume In Minutes, Inc.                 NV       5.03,8.01,9.01       06/06/11

Rockwood Holdings, Inc.                 DE       7.01,9.01            06/14/11

Rodobo International Inc                NV       7.01,9.01            06/14/11

ROTECH HEALTHCARE INC                   DE       7.01,9.01            06/14/11

SAJAN INC                               DE       5.07                 06/08/11

SAPIENT CORP                            DE       5.02,5.07            06/08/11

SARATOGA INVESTMENT CORP.               MD       5.03,9.01            06/10/11

SCOLR Pharma, Inc.                      DE       5.03,5.07,9.01       06/09/11

SEMPRA ENERGY                           CA       5.07                 05/13/11    AMEND

ShengdaTech, Inc.                                3.01,4.01,8.01,9.01  06/08/11

SHUFFLE MASTER INC                      MN       2.02,9.01            06/08/11

Silver Falcon Mining, Inc.              DE       8.01                 06/14/11

Sino Green Land Corp                    NV       7.01                 06/07/11

SINOHUB, INC.                           DE       8.01,9.01            06/14/11

Sky Harvest Windpower Corp.             NV       9.01                 06/14/11

SL INDUSTRIES INC                       NJ       3.01,5.02,5.07       06/08/11

SM Energy Co                            DE       1.01,7.01,9.01       06/14/11

SMART Modular Technologies (WWH), Inc   E9       8.01,9.01            06/13/11

SOLERA HOLDINGS, INC                    DE       7.01,9.01            06/14/11

SOLERA HOLDINGS, INC                    DE       7.01,9.01            06/14/11

SOLUTIA INC                             DE       8.01,9.01            06/14/11    AMEND

Spectra Energy Partners, LP             DE       1.01,9.01            06/09/11

SPECTRANETICS CORP                      DE       5.07                 06/09/11

SPECTRASCIENCE INC                      MN       7.01,9.01            06/13/11

SPS COMMERCE INC                                 8.01                 06/14/11

STRATEGIC HOTELS & RESORTS, INC                  9.01                 06/09/11    AMEND

Strategic Storage Trust, Inc.           MD       1.01,2.01,2.03,7.01, 06/10/11
SuccessFactors, Inc.                    DE       5.07                 06/03/11

SULPHCO INC                             NV       3.01,9.01            06/14/11

SUNRISE SENIOR LIVING INC               DE       7.01,9.01            06/14/11

SWIFT TRANSPORTATION Co                          1.01,1.02,2.03       06/08/11

SYNTROLEUM CORP                         DE       8.01                 06/13/11

Synutra International, Inc.             DE       2.02,9.01            06/14/11

SYSTEMAX INC                            DE       5.07                 06/10/11

TARGACEPT INC                                    5.07                 06/08/11

TAUBMAN CENTERS INC                     MI       7.01,9.01            06/14/11

TC PIPELINES LP                         DE       8.01,9.01            06/14/11

TENNANT CO                              MN       5.02,9.01            06/14/11

Tennessee Commerce Bancorp, Inc.        TN       7.01,9.01            06/14/11

THL Credit, Inc.                        DE       5.07                 06/09/11

THOMAS GROUP INC                        DE       5.02,8.01,9.01       06/09/11

Tower International, Inc.               DE       1.01,1.02,2.03,9.01  06/13/11

TOYS R US INC                           DE       7.01,9.01            06/14/11

TRANSNET CORP                           DE       2.01,7.01            06/14/11

TRI CITY BANKSHARES CORP                WI       5.07                 06/08/11

Tri-Tech Holding, Inc.                  E9       8.01,9.01            06/14/11

TUCANA LITHIUM CORP.                    NV       1.01,9.01            06/13/11

U S GOLD CORP                           CO       7.01,9.01            06/14/11

UFP TECHNOLOGIES INC                    DE       5.02,5.07,9.01       06/08/11

ULURU INC.                              NV       1.01,9.01            06/13/11

United States Oil & Gas Corp            DE       7.01,9.01            06/14/11

UNIVERSAL HOSPITAL SERVICES INC         MN       1.01,3.03,7.01,8.01, 06/09/11
UNIVERSAL STAINLESS & ALLOY PRODUCTS    DE       1.01,3.02,9.01       06/10/11

UNIVERSITY GENERAL HEALTH SYSTEM, INC   NV       9.01                 06/13/11    AMEND

URANIUM ENERGY CORP                     NV       7.01,9.01            06/14/11

USA TECHNOLOGIES INC                    PA       5.07                 06/13/11

USA TRUCK INC                           DE       7.01,9.01            06/14/11

USG CORP                                DE       5.02                 06/13/11

VIKING SYSTEMS INC                      DE       5.02                 06/09/11

Vringo Inc                              DE       1.01,3.02,9.01       06/08/11

WASTE MANAGEMENT INC                    DE       5.02,9.01            06/13/11

Westway Group, Inc.                     DE       8.01,9.01            06/10/11

WIRELESS HOLDRS TRUST                   NY       8.01,9.01            06/14/11

WISCONSIN ENERGY CORP                   WI       7.01,9.01            06/14/11

WORLD FUEL SERVICES CORP                FL       5.07                 06/10/11

XCEL ENERGY INC                         MN       8.01                 06/10/11

XL GROUP PLC                            L2       8.01,9.01            06/13/11

ZBB ENERGY CORP                         WI       1.01,9.01            06/13/11

ZION OIL & GAS INC                      DE       8.01,9.01            06/13/11



Modified: 06/15/2011