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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-168
August 30, 2011

Enforcement Proceedings

In the Matter of Derand Real Estate Investment Trust

On August 29, 2011, an Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default as to Four Respondents (Default Order) in Derand Real Estate Investment Trust, Admin. Proc. No. 3-14489. The Default Order finds that four Respondents failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 13a-1 and 13a-13 because each failed to make periodic filings with the Commission for a number of years. Based on these findings, the Default Order, pursuant to Section 12(j) of the Exchange Act, revokes the registration of each class of registered securities of Derand Real Estate Investment Trust, DeRose Industries, Inc., Direct Connect International, Inc., and Domestic Fundings, Inc.

Respondents Diversified Historic Investors II and Diversified Historic Investors III, will submit Offers of Settlement and the proceeding has ended as to Directcom, Inc. (n/k/a Directcom Marketing, Inc.). (Rel. No. 34-65211; File No. 3-14489).

Order to Show Cause Filed Against Stanley J. Kowalewski

On August 29, 2011, the Securities and Exchange Commission filed an emergency application for an Order to Show Cause why Defendant Stanley J. Kowalewski (Kowalewski) should not be held in civil contempt for failing to comply with the Court’s Orders freezing his assets. The emergency application arises out of an action brought by the Commission to stop an alleged offering and investment advisory fraud perpetrated by Kowalewski against investor pension funds, school endowments, hospitals and foundations. The U.S. District Court entered and extended a freeze over Kowalewski’s assets, including over the house he had previously caused his hedge fund to “purchase” from him for $2.8 million. Kowalewski violated and is violating the Court’s asset freeze by removing and selling from that same house: kitchen and wall-mounted cabinets, light fixtures, doors, and other structural elements, with an estimated value of at least $176,000, while substantially damaging the house in the process. The Commission seeks to stop the on-going harm, require Kowalewski to account for and return to the Receiver the items taken from the house, and pay the Receiver for the damage he has caused it. The Court has ordered a hearing on the Commission’s application for August 31, 2011. [Securities and Exchange Commission v. Stanley J. Kowalewski, et al, Case No. 1:11-cv-00056-TCB (N.D. Ga.)] (LR-22073)

In the Matter of International Butec Industries Corp.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default (Default Order) as to International Butec Industries Corp. (n/k/a Websmart.com Communications, Inc.), International En-R-Tech, Inc. (n/k/a National Telcom Solutions, Inc.), International Nesmont Industrial Corp., and Internet Cable Corp. (collectively, Respondents), in International Butec Industries Corp. (n/k/a Websmart.com Communications, Inc.), Admin. Proc. No. 3-14476. The Order Instituting Proceedings alleged that seven 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 as to Respondents and revokes the registrations of each class of their registered securities, pursuant to Section 12(j) of the Securities Exchange Act of 1934.

The proceeding has ended as to Respondent International Petroleum Corp. See International Butec Industries Corp. (n/k/a Websmart.com Communications, Inc.), Exchange Act Release No. 65212 (August 29, 2011). The proceeding remains pending as to Respondents International Colin Energy Corp. (n/k/a Morgan Hydrocarbons, Inc.) and International Menu Solutions Corp. (n/k/a Dunwynn Exploration, Inc.). (Rel. No. 34-65219; File No. 3-14476).

Commission Suspends Trading in the Securities of Somerset International Group, Inc.

The U.S. Securities and Exchange Commission announced the temporary suspension of trading in the securities of Somerset International Group, Inc. (Somerset International Group) (SOSI) commencing at 9:30 a.m. EDT on August 30, 2011 and terminating at 11:59 p.m. EDT on September 13, 2011.

The Commission temporarily suspended trading in the securities of Somerset International Group due to a lack of current and accurate information about the company. This order was entered pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).

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 Somerset International Group.

Brokers and dealers should be alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspensions, no quotation may be entered relating to the securities of Somerset International Group unless and until the broker or dealer has strictly complied with all of the provisions of the rule. If any broker or dealer is uncertain as to what is required by the rule, it should refrain from entering quotations relating to the securities of Somerset International Group until such time as it has familiarized itself with the rule and is certain that all of its provisions have been met. Any broker or dealer with questions regarding the rule should contact the staff of the Securities and Exchange Commission in Washington, DC at (202) 551-5720. 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, they should immediately communicate it to the Delinquent Filings Group of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. No. 34-65220).

Commission Orders Hearings on Registration Suspension or Revocation Against Somerset International Group, Inc.

In conjunction with this trading suspension, the Commission today also instituted separate public administrative proceedings to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of Somerset International Group for making materially deficient periodic filings with the Commission. In the Matter of Somerset International Group, Inc., Administrative Proceeding File No. 3-14522.

In the Order, the Division of Enforcement (Division) alleges that Somerset International Group has made materially delinquent periodic filings with the Commission.

In these proceedings, instituted pursuant to Exchange Act Section 12(j), a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence from the Division and the Respondents to determine whether the allegations of the Division contained in the Order, which the Division alleges constitute failures to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder, are true. The judge in the proceedings will then determine whether the registrations pursuant to Exchange Act Section 12 of each class of the securities of Somerset International Group should be revoked or suspended for a period not exceeding twelve months. The Commission ordered that the Administrative Law Judge in the proceedings issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. No. 34-65221; File No. 3-14522).

In the Matter of Renee Marie Brown

On August 26, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Renee Marie Brown (Brown).

The Order finds that on August 17, 2011, in the civil action SEC v. Brown, et al., Case No. 10-cv-1207, the United States District Court for the District of Minnesota entered a final judgment by consent against Brown, permanently enjoining her from future violations of Section 17(a)(1),(2) and (3) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 206(1), 206(2) and 206(4) of the Advisers Act and Rule 206(4)-8 thereunder.

The Order further finds that in the Complaint, the Commission alleges that Brown, a Minnesota-based investment adviser, defrauded clients into transferring their money to Investors Income Fund X, LLC (the Fund) and falsely represented that the Fund was a bond fund with fixed annual returns of 8% or 9%. According to the Order, the Complaint further alleges that she distributed bogus returns to investors in order to further the fiction that the Fund was a legitimate and successful investment opportunity. The Order finds that the Complaint also alleges that from July 2009 through March 2010, clients invested more than $1.1 million with the Fund, and that Brown used most of that money to, among other things, purchase a condominium and build-out office space for her new business.

Based on the above, the Order bars Brown from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. The Order also bars Brown from participating in any offering of a penny stock. Brown consented to the issuance of the Order without admitting or denying the findings in the Commission’s Order, except that she admitted the entry of the injunction. (Rel. No. 34-65205; IA-3263; File No. 3-14515).

Attorney Barred From Future Penny Stock Offerings

The Securities and Exchange Commission obtained substantial relief against Texas securities lawyer Phillip W. Offill, Jr. arising out of his participation in a fraudulent “pump-and-dump” scheme in which hundreds of thousands of shares of penny stock were unloaded into the public markets. In a judgment against Offill entered on August 19, 2011, the United States District Court for the Eastern District of Michigan permanently barred Offill from participating in any offering of penny stock. The court also prohibited Offill and his company, Collective Thought Holdings, Inc., from offering or selling shares in violation of the registration provisions of the federal securities laws, and ordered Offill to pay $5,000 in disgorgement.

In April, the court entered a consent judgment against co-defendant Peter W. Fisher enjoining him against violations of the antifraud and registration provisions of the securities laws, prohibiting him from serving as an officer or director of a public company and from participating in offerings of penny stocks for five years, and requiring him to pay a civil penalty of $25,000. The Commission had previously settled charges against Arizona securities lawyer David P. Stocker for his role in the scheme.

In April 2010, Offill was sentenced to eight years in prison for his participation in a “pump-and-dump” scheme to issue shares to the public illegally while others manipulated the stocks by making materially false and misleading statements in press releases and in spam e-mail messages. A jury had returned a verdict against Offill in January 2010, finding him guilty of conspiracy to commit securities fraud and nine counts of wire fraud. Offill was also required to pay a money judgment of more than $4.8 million that he and others received in the scheme.

The Commission suspended Offill from practicing as an attorney before the Commission in June 2010. [Securities and Exchange Commission v. Peter W. Fisher, et al., Civil Action No. 07-cv-12552 GER PJK (E.D. Mich. filed June 14, 2007)] (LR-22072).

Investment Company Act Releases

Notice of Applications for Deregistration under the Investment Company Act of 1940

For the month of August 2011, a notice has been issued giving interested persons until September 20, 2011, to request a hearing on any of the following applications for an order under Section 8(f) of the Investment Company Act of 1940 declaring that the applicant has ceased to be an investment company:

  • UBS Tamarack International Fund, LLC [File No. 811-10341]
  • Nicholas-Applegate Institutional Funds [File No. 811-7384]
  • Fort Pitt Capital Funds [File No. 811-10495]
  • Barrett Funds [File No. 811-9035]
  • Pacific Capital Funds [File No. 811-7454]
  • FS Variable Annuity Account Nine [File No. 811-21230]
  • Hartford International Opportunities HLS Fund Inc. [File No. 811-6059]
  • Hartford Stock HLS Fund Inc. [File No. 811-2630]
  • Hartford Small Co HLS Fund Inc. [File No. 811-7557]
  • Hartford Mortgage Securities HLS Fund Inc. [File No. 811-4201]
  • Hartford Money Market HLS Fund Inc. [File No. 811-3662]
  • Hartford Midcap HLS Fund Inc. [File No. 811-8185]
  • Hartford Index HLS Fund Inc. [le No. 811-5045]
  • Hartford Global Advisers HLS Fund Inc. [File No. 811-8804]
  • Hartford Dividend & Growth HLS Fund Inc. [File No. 811-8186]
  • Hartford Capital Appreciation HLS Fund Inc. [File No. 811-4005]
  • Hartford Bond HLS Fund Inc. [File No. 811-3660]
  • Hartford Advisors HLS Fund Inc. [File No. 811-3659]
  • Presidential Variable Account One [811-5474]
  • Federal Life Trust [File No. 811-22145]

See Rel. No. IC-29770 (August 26, 2011).

Self-Regulatory Organizations

Approval of Proposed Rule Changes

The Commission has approved a proposed rule change (SR-FICC-2011-05) filed by the Fixed Income Clearing Corporation under Section 19(b)(1) of the Securities Exchange Act of 1934 to amend the rules regarding the GCF Repo Service to adopt changes recommended by the Tri-Party Repo Infrastructure Reform Task Force. Publication is expected in the Federal Register during the week of August 29, 2011. (Rel. No. 34-65213)

Proposed Rule Change

NYSE Amex LLC filed a proposed rule change (SR-NYSEAmex-2011-61) to add Commentary .01 to Rule 925.1NY to indicate that Market Makers will not be obligated to quote in adjusted option series and to clarify an existing exception to the quoting obligations. Publication is expected in the Federal Register during the week of August 29th. (Rel. No. 34-65209).

NYSE Arca, Inc. filed a proposed rule change (SR-NYSEArca-2011-59) to add Commentary .01 to Rule 6.37B to indicate that Market Makers will not be obligated to quote in adjusted option series and to clarify an existing exception to the quoting obligations. Publication is expected in the Federal Register during the week of August 29th. (Rel. No. 34-65210)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by NASDAQ OMX PHLX LLC (SR-Phlx-2011-124) relating to rebates and fees for adding and removing liquidity in Select Symbols 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 August 29th. (Rel. No. 34-65206)

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.

        347 840 8677 - 60,449,536 ($262,350,987.00) Equity, (File 333-176522 - 
        Aug. 29) (BR. 10B)

S-3     BGC Partners, Inc., 499 PARK AVENUE, NEW YORK, NY, 10022, 
        212-610-2200 - 0 ($121,800,000.00) Equity, (File 333-176523 - Aug. 29) 
        (BR. 08C)

        2489609009 - 1,000,000 ($998.46) Equity, (File 333-176524 - Aug. 29) 
        (BR. 10C)

        80222, 303-222-1000 - 250,000 ($500,000.00) Equity, (File 333-176526 - 
        Aug. 29) (BR. 09A)

S-4     FelCor Lodging LP, 545 E. JOHN CARPENTER FREEWAY, SUITE 1300, IRVING, 
        TX, 75062, 9724444900 - 0 ($525,000,000.00) Debt, (File 333-176527 - 
        Aug. 29) (BR. 08B)

        2034886056 - 1,000,000 ($2,595,000.00) Equity, (File 333-176528 - 
        Aug. 29) (BR. 10A)

        8566917700 - 32,341,210 ($93,789,509.00) Equity, (File 333-176529 - 
        Aug. 29) (BR. 07C)

        8566917700 - 
        150,000,000 ($150,000,000.00) Unallocated (Universal) Shelf, 
        (File 333-176530 - Aug. 29) (BR. 07C)

S-11    AEI Core Property Income Trust, Inc, 30 E 7TH STREET SUITE 1300, 
        ST. PAUL, MN, 55101, 651-227-7333 - 
        30,000,000 ($298,500,000.00) Equity, (File 333-176533 - Aug. 29) (BR. )

        NV, 89169, 7027352200 - 450,000 ($3,136,500.00) Equity, 
        (File 333-176534 - Aug. 29) (BR. 06C)

S-8     WSB Holdings Inc, 4201 MITCHELLVILLE ROAD, SUITE 200, BOWIE, MD, 20716, 
        301-352-3120 - 0 ($1,180,000.00) Equity, (File 333-176535 - Aug. 29) 
        (BR. 07C)

        MO, 63131, 314-965-0555 - 300,000,000 ($300,000,000.00) Debt, 
        (File 333-176536 - Aug. 29) (BR. 11A)

        92121, (855) 662-6732 - 0 ($3,744,000.00) Equity, (File 333-176537 - 
        Aug. 29) (BR. 02C)

S-4     New Enterprise Stone & Lime Co., Inc., 3912 BRUMBAUGH ROAD, 
        P.O. BOX 77, NEW ENTERPRISE, PA, 16664, 814-766-2211 - 
        0 ($250,000,000.00) Other, (File 333-176538 - Aug. 29) (BR. )

        TAMPA, FL, 33607, 813-421-7600 - 0 ($43,292,326.82) Equity, 
        (File 333-176539 - Aug. 29) (BR. 08B)

S-8     Pacific Ethanol, Inc., 400 CAPITOL MALL, SUITE 2060, SACRAMENTO, CA, 
        95814, 916-403-2123 - 357,143 ($135,142.00) Equity, (File 333-176540 - 
        Aug. 29) (BR. 06A)

        (949) 784-0800 - 0 ($12,305,843.81) Equity, (File 333-176542 - Aug. 29) 
        (BR. 03A)

S-3     Hudson Pacific Properties, Inc., 11601 WILSHIRE BLVD., SUITE 1600, 
        LOS ANGELES, CA, 90025, (310) 445-5700 - 
        12,940,760 ($171,465,070.00) Equity, (File 333-176543 - Aug. 29) 
        (BR. 08B)

S-4     DJO Finance LLC, 1430 DECISION STREET, VISTA, CA, 92081, 760-727-1280 - 
        0 ($600,000,000.00) Debt, (File 333-176544 - Aug. 29) (BR. 10C)

        FL, 33445, 561-805-8008 - 11,500,000 ($3,220,000.00) Equity, 
        (File 333-176545 - Aug. 29) (BR. 11C)

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

ACCELERATED ACQUISITIONS IV INC         DE       1.01,5.06,9.01       08/22/11

ACCURAY INC                             DE       5.03,9.01            08/23/11

ADVENT CLAYMORE CONVERTIBLE SECURITIE   DE       7.01,9.01            08/29/11

ALLDIGITAL HOLDINGS, INC.               NV       8.01,9.01            07/29/11    AMEND

Allied World Assurance Co Holdings, A            8.01,9.01            08/29/11

ALPHA & OMEGA SEMICONDUCTOR Ltd                  7.01,8.01,9.01       08/27/11

ALSERES PHARMACEUTICALS INC /DE         DE       1.01                 08/23/11

AMERCO /NV/                             NV       5.07                 08/25/11

American Standard Energy Corp.          DE       1.01,2.01,3.02,9.01  04/26/11

AMERICAN WOODMARK CORP                  VA       8.01,9.01            08/29/11

AMSURG CORP                             TN       1.01,9.01            08/23/11

API Technologies Corp.                  DE       2.02,9.01            08/26/11

ARETE INDUSTRIES INC                    CO       7.01,8.01,9.01       08/29/11

ASHLAND INC.                            KY       1.01,2.03,9.01       08/29/11

AVISTAR COMMUNICATIONS CORP             DE       1.01                 08/24/11

AZZ INC                                 TX       5.02                 08/29/11

BADGER METER INC                        WI       5.07                 04/29/11    AMEND

BALDWIN TECHNOLOGY CO INC               DE       2.02,8.01,9.01       08/23/11

BANK JOS A CLOTHIERS INC /DE/           DE       8.01,9.01            08/29/11

BANK OF AMERICA CORP /DE/               DE       8.01,9.01            08/29/11

BB&T CORP                               NC       5.07                 04/26/11    AMEND

BEAZER HOMES USA INC                    DE       5.02,9.01            06/13/11    AMEND

BENIHANA INC                            DE       8.01,9.01            08/29/11

Beyond Commerce                         NV       8.01                 08/26/11

BILL BARRETT CORP                                5.02,9.01            08/25/11

BOB EVANS FARMS INC                     DE       5.07,8.01,9.01       08/29/11

BOND LABORATORIES, INC.                 NV       1.01,9.01            08/25/11

BOOKS A MILLION INC                     DE       1.01,9.01            06/30/11

BOOKS A MILLION INC                     DE       5.02,8.01,9.01       08/23/11

BRINKER INTERNATIONAL INC               DE       7.01,9.01            08/29/11

CACI INTERNATIONAL INC /DE/             DE       1.01,7.01,9.01       08/25/11

Cardiovascular Systems Inc              DE       1.01,2.03,3.02       08/23/11

CASELLA WASTE SYSTEMS INC               DE       2.02,9.01            08/29/11

CENTRAL BANCORP INC /MA/                MA       1.01,3.02,3.03,5.03,
                                                 8.01,9.01            08/23/11

China Advanced Construction Materials   DE       8.01,9.01            08/29/11

China CGame, Inc.                       DE       3.01                 08/29/11

CLAYTON WILLIAMS ENERGY INC /DE         DE       7.01,9.01            08/29/11

Clearfield, Inc.                        MN       5.02                 08/25/11

CMSF Corp                               CA       4.01,5.03,9.01       08/29/11

CNO Financial Group, Inc.               DE       7.01,9.01            08/29/11

COCA-COLA ENTERPRISES, INC.             DE       8.01                 08/29/11

COLORADO RARE EARTHS, INC               NV       2.01,5.02,9.01       08/23/11

CombiMatrix Corp                        DE       4.01,5.02,9.01       08/23/11

CONSOL Energy Inc                       DE       1.01,8.01,9.01       08/24/11

CONSOLIDATED GRAPHICS INC /TX/          TX       5.07                 08/25/11

Constellation Energy Partners LLC       DE       5.02                 08/24/11

Core-Mark Holding Company, Inc.         DE       3.02                 08/29/11

CORELOGIC, INC.                         DE       7.01,9.01            08/29/11

CORPORATE EXECUTIVE BOARD CO            DE       7.01,9.01            08/26/11

COSI INC                                DE       3.01,9.01            08/23/11

CULP INC                                NC       1.01,2.02,9.01       08/29/11

CYBERMESH INTERNATIONAL CORP.                    1.01,9.01            08/25/11

DBUBS 2011-LC3 Mortgage Trust           DE       8.01,9.01            08/19/11

Delta Tucker Holdings, Inc.             DE       5.02                 08/25/11

DENDREON CORP                           DE       8.01,9.01            08/26/11

DENTSPLY INTERNATIONAL INC /DE/         DE       1.01,2.03,9.01       08/23/11

DG FastChannel, Inc                     DE       1.01,2.01,9.01       07/25/11    AMEND

Dresser-Rand Group Inc.                 DE       1.01,7.01,9.01       08/26/11

E-Debit Global Corp.                    CO       4.01                 08/29/11    AMEND

EAGLE BANCORP INC                       MD       5.02                 08/25/11

Edgen Murray II, L.P.                   DE       5.02                 08/24/11

EDUCATIONAL DEVELOPMENT CORP            DE       8.01,9.01            08/26/11

EFT Holdings, Inc.                      NV       1.01,5.02            07/13/11

ENERGY PARTNERS LTD                     DE       8.01,9.01            08/26/11

ESPEY MFG & ELECTRONICS CORP            NY       8.01,9.01            08/29/11

EURO SOLAR PARKS, INC.                  NV       3.02,9.01            08/24/11

FBL FINANCIAL GROUP INC                 IA       7.01                 08/29/11

Federal Home Loan Bank of Boston        X1       2.03                 08/24/11

FelCor Lodging LP                       DE       8.01                 08/26/11

FelCor Lodging Trust Inc                MD       8.01                 08/26/11

First Clover Leaf Financial Corp.       MD       8.01,9.01            08/23/11

FIRST MARBLEHEAD CORP                            5.02,8.01            08/23/11

FLEXIBLE SOLUTIONS INTERNATIONAL INC    NV       8.01                 08/25/11

FLEXTRONICS INTERNATIONAL LTD.          U0       5.07                 07/22/11    AMEND

FX ENERGY INC                           NV       8.01,9.01            08/29/11

GEN PROBE INC                           DE       8.01                 08/24/11

GigOptix, Inc.                          DE       2.01,9.01            06/17/11    AMEND

GOLDMAN SACHS GROUP INC                 DE       9.01                 08/29/11

Graham Packaging Co Inc.                DE       1.01,2.03,9.01       08/24/11

GRAHAM PACKAGING HOLDINGS CO            DE       1.01,2.03,9.01       08/24/11

Grand Canyon Education, Inc.            DE       8.01                 08/29/11

GREAT PLAINS ENERGY INC                 MO       8.01                 08/19/11

GREEN BANKSHARES, INC.                  TN       8.01                 08/26/11

GREEN MOUNTAIN COFFEE ROASTERS INC      DE       8.01,9.01            08/24/11

GREENLITE VENTURES INC                           3.02                 08/26/11

GRYPHON GOLD CORP                       NV       7.01,9.01            08/29/11

GSI TECHNOLOGY INC                               5.07                 08/24/11

GUIDED THERAPEUTICS INC                 DE       7.01,9.01            08/29/11

HAWAIIAN HOLDINGS  INC                  DE       5.02                 08/24/11

HELIX BIOMEDIX INC                      DE       1.01                 08/25/11

HF FINANCIAL CORP                       DE       5.03,9.01            08/23/11

Horizon Lines, Inc.                              1.01,2.03,3.01,7.01,
                                                 8.01,9.01            08/23/11

Ideal Financial Solutions Inc                    5.02                 08/29/11

IDT CORP                                DE       2.02,8.01,9.01       08/26/11

IMMUNOMEDICS INC                        DE       5.02                 08/24/11

Income Now Consulting                   NV       4.01,9.01            08/18/11

INFRASTRUCTURE MATERIALS CORP.          DE       1.01,9.01            08/24/11

INSIGNIA SYSTEMS INC/MN                 MN       8.01                 08/23/11

Intelligent Living Corp                 NV       4.01,9.01            08/26/11

ISABELLA BANK CORP                      MI       8.01,9.01            08/26/11

JDS UNIPHASE CORP /CA/                  DE       5.03,9.01            08/25/11

KATY INDUSTRIES INC                     DE       1.01                 08/23/11

KEMPER Corp                             DE       5.03,8.01,9.01       08/25/11

LA-Z-BOY INC                            MI       5.07                 08/24/11

Lantheus Medical Imaging, Inc.          DE       2.02,9.01            08/23/11

LAS VEGAS SANDS CORP                    NV       7.01,9.01            08/29/11

LAYNE CHRISTENSEN CO                    DE       5.02                 08/23/11

LGL GROUP INC                           DE       8.01,9.01            08/29/11

LOJACK CORP                             MA       5.02                 08/29/11

Lone Star Gold, Inc.                    NV       1.01,9.01            08/29/11

Manhattan Bancorp                       CA       4.01,9.01            08/23/11

Marina Biotech, Inc.                    DE       5.02                 08/26/11

Marine Drive Mobile Corp.               NV       1.01,9.01            08/29/11

MARKEL CORP                             VA       5.07                 05/09/11    AMEND
MARSHALL EDWARDS INC                    DE       1.01,5.02,9.01       08/23/11

MEDCO HEALTH SOLUTIONS INC              DE       8.01,9.01            08/26/11

MGT CAPITAL INVESTMENTS INC             DE       3.01,9.01            08/23/11

MID AMERICA APARTMENT COMMUNITIES INC   TN       7.01,9.01            08/29/11

MIDDLEBURG FINANCIAL CORP               VA       5.02                 08/24/11

MIDSOUTH BANCORP INC                    LA       1.01,3.02,3.03,5.02,
                                                 5.03,9.01            08/26/11

MILLER ENERGY RESOURCES, INC.                    1.01,9.01            08/26/11

MONSTER WORLDWIDE INC                   DE       5.02                 08/26/11

NAVISTAR INTERNATIONAL CORP             DE       7.01                 08/29/11

NEOPHOTONICS CORP                       DE       5.02                 08/24/11

Neurokine Pharmaceuticals Inc.          A1       1.01,3.02,9.01       08/15/11

NEW HAMPSHIRE THRIFT BANCSHARES INC     DE       1.01,3.02,3.03,5.02,
                                                 5.03,8.01,9.01       08/24/11

NEWCASTLE INVESTMENT CORP               MD       5.02                 08/25/11

NEWS CORP                                        8.01,9.01            08/29/11

NORTHWESTERN CORP                       DE       7.01,9.01            08/29/11

ONCOR ELECTRIC DELIVERY TRANSITION BO            7.01                 08/26/11

PMX Communities, Inc.                   NV       1.01,3.02,5.01,5.02,
                                                 8.01,9.01            08/04/11

POSITIVEID Corp                         DE       5.02,5.07,8.01       08/26/11

PowerShares DB Commodity Index Tracki            8.01,9.01            08/29/11
PowerShares DB G10 Currency Harvest F   DE       8.01,9.01            08/29/11

PowerShares DB Multi-Sector Commodity   DE       8.01,9.01            08/29/11

PowerShares DB US Dollar Index Trust    DE       8.01,9.01            08/29/11

PRINCETON NATIONAL BANCORP INC          DE       5.02                 08/24/11

PSS WORLD MEDICAL INC                   FL       5.07                 08/29/11

Public Storage                          MD       5.02,9.01            08/29/11

QEP RESOURCES, INC.                     DE       1.01,1.02,2.03,9.01  08/25/11

QLIK TECHNOLOGIES INC                   DE       8.01,9.01            08/26/11

QLT INC/BC                              A1       8.01,9.01            08/29/11

Quanex Building Products CORP           DE       3.03,5.03,5.05,9.01  08/25/11

R F INDUSTRIES LTD                      NV       1.01,8.01,9.01       08/29/11

RAAM Global Energy Co                   DE       1.01,9.01            08/26/11

RADIENT PHARMACEUTICALS Corp            DE       1.01,2.03,9.01       08/29/11

RARUS MINERALS INC                      NV       1.01,2.03,9.01       08/29/11

RED TRAIL ENERGY, LLC                            2.02,9.01            08/24/11

RICKS CABARET INTERNATIONAL INC         TX       8.01,9.01            08/26/11

RUBY TUESDAY INC                        GA       5.02,9.01            08/23/11

SANDERSON FARMS INC                     MS       2.02,9.01            08/25/11

SIMMONS FIRST NATIONAL CORP             AR       8.01,9.01            08/29/11
Six Flags Entertainment Corp                     8.01                 08/29/11

SMART Modular Technologies (WWH), Inc   E9       2.01,3.01,3.03,5.01,
                                                 5.02,5.03,8.01,9.01  08/26/11

SPARTON CORP                            OH       5.02,9.01            08/24/11

SPATIALIZER AUDIO LABORATORIES INC      DE       1.01                 08/25/11

STAGE STORES INC                        NV       8.01,9.01            08/26/11

STANDARD MOTOR PRODUCTS INC             NY       8.01,9.01            08/29/11

STEELE RESOURCES CORP                   NV       1.01                 07/01/11    AMEND

SURMODICS INC                           MN       2.05,5.02,9.01       08/23/11

Synutra International, Inc.             DE       5.02,9.01            08/29/11

TEMPLE INLAND INC                       DE       8.01                 08/29/11

THOMAS GROUP INC                        DE       1.01,5.02            08/24/11

TITANIUM METALS CORP                    DE       7.01,9.01            08/26/11

TNP Strategic Retail Trust, Inc.        MD       1.01,9.01            08/23/11

Tops Holding Corp                       DE       2.02,9.01            08/29/11

Tropicana Las Vegas Hotel & Casino, I   DE       1.01,9.01            08/26/11

Tuffnell Ltd.                           NV       5.02                 08/29/11

United States Oil & Gas Corp            DE       8.01,9.01            08/29/11

UNIVERSAL DISPLAY CORP \PA\             PA       1.01                 08/29/11

URANIUM ENERGY CORP                     NV       7.01,9.01            08/29/11

VAPOR CORP.                             NV       8.01                 08/24/11

Varca Ventures, Inc.                             8.01                 08/29/11

Venoco, Inc.                            DE       8.01,9.01            08/29/11

Vista International Technologies Inc    DE       8.01                 08/24/11

WACCAMAW BANKSHARES INC                 NC       8.01,9.01            08/24/11

WALTER INVESTMENT MANAGEMENT CORP       MD       9.01                 07/01/11    AMEND

WASTE MANAGEMENT INC                    DE       1.01,8.01,9.01       08/24/11

WERNER ENTERPRISES INC                  NE       7.01,9.01            08/29/11

WESBANCO INC                            WV       8.01,9.01            08/29/11

WESTELL TECHNOLOGIES INC                DE       8.01,9.01            08/26/11

Western Union CO                        DE       5.02,9.01            08/25/11

Willow Creek Enterprises Inc.                    1.01,2.03,9.01       08/29/11

WORLD FUEL SERVICES CORP                FL       5.02,5.03,7.01,9.01  08/26/11

Xenith Bankshares, Inc.                 VA       7.01,9.01            08/26/11

YUM BRANDS INC                          NC       8.01,9.01            08/29/11

ZHONE TECHNOLOGIES INC                  DE       5.02                 08/23/11



Modified: 08/31/2011