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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-181
September 19, 2011

Commission Announcements

Change in the Meeting: Deleted Item

The following item was not considered during the Commission’s Open Meeting on September 19, 2011 at 10:00 a.m.

The Commission will consider whether to propose new rules under Section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act to provide for the registration of security-based swap dealers and major security-based swap participants.

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.

James Brigagliano, Deputy Director of SEC Division of Trading and Markets, to Leave SEC After 25 Years of Service

The Securities and Exchange Commission today announced that James Brigagliano, a Deputy Director of the Division of Trading and Markets, will leave the agency at the end of this month after 25 years of public service.

Mr. Brigagliano has worked in the Division of Trading and Markets for the past 13 years and has managed oversight of trading practices, market structure reforms, and recent Dodd-Frank Act rulemakings. He served as Co-Acting Director of the Division from April 2009 to January 2010. Mr. Brigagliano previously worked in the SEC’s Office of the General Counsel for a dozen years representing the Commission in a wide range of litigation in federal district and appellate courts.

“Jamie’s commitment to protecting investors and promoting fair and efficient markets has served this agency well during challenging times,” said SEC Chairman Mary Schapiro. “He has led initiatives to strengthen regulation of initial public offerings, research, short selling, issuer repurchases, broker-dealer conduct, market structure, and most recently over-the-counter derivatives under Dodd-Frank. Jamie always seeks to serve the interests of the investing public.”

Robert W. Cook, Director of the SEC’s Division of Trading and Markets, added, “Jamie has played a significant and valuable role as a senior manager in the Division during his tenure as Deputy and Co-Acting Director, and we will miss his dedication and commitment.”

Mr. Brigagliano said, “It has been a privilege to work at the SEC with such a dedicated and talented group of professionals unified in the cause of promoting investor protection and strong capital markets.”

Mr. Brigagliano, who will leave the agency for the private sector, has received a number of awards for his work at the SEC, including the Capital Markets Award, the Jay Manning Award, and the Supervisory Excellence Award. He joined the SEC staff in 1986 after three years in private practice. Mr. Brigagliano received his law degree from Georgetown University and undergraduate degree from Amherst College. (Press Rel. 2011-184)

SEC Proposes Rule to Prohibit Conflicts of Interest in Certain Asset-Backed Securities Transactions

The Securities and Exchange Commission today voted unanimously to propose a rule intended to prohibit certain material conflicts of interest between those who package and sell asset-backed securities (ABS) and those who invest in them.

The proposal, which is not intended to prohibit traditional securitization practices, implements Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The proposed rule would prohibit securitization participants of an ABS for a designated time period from engaging in certain transactions that would involve or result in any material conflict of interest. Two criteria to determine whether the transaction involves a material conflict of interest are set out in the rule proposal.

“This proposed rule is designed to ensure that those who create and sell asset-backed securities cannot profit by betting against those same securities at the expense of those who buy them,” said SEC Chairman Mary L. Schapiro. “At the same time, the proposed rule is not intended to interfere with traditional securitization practices in which loans are originated, packaged into asset-backed securities, and offered to investors in different structures.”

The SEC has made significant progress in writing rules required by the Dodd-Frank Act. Of the nearly 100 mandatory rulemaking provisions, the SEC has now proposed or adopted rules for about three-quarters of them. Today’s proposal is just one of several rulemaking efforts aimed at addressing issues associated with asset-backed securities.

The public comment period on the proposal will last 90 days. (Press Rel. 2011-185)

SEC Announces Roundtable on Microcap Securities

The Securities and Exchange Commission today announced that it will host a public roundtable next month to discuss the unique regulatory issues surrounding the execution, clearance, and settlement of microcap securities.

The roundtable is being sponsored by the SEC’s Microcap Fraud Working Group, a joint initiative of the Division of Enforcement and Office of Compliance Inspections and Examinations. The Working Group is the Commission’s primary resource for issues relating to market participants and trading practices concerning securities primarily quoted on the OTC Bulletin Board (OTCBB) or OTC Quote (previously Pink Sheets).

The event will take place on October 17 from 1 p.m. to 5 p.m. at the SEC’s Washington D.C. headquarters. It will feature in-depth discussions of key regulatory issues including Anti-Money Laundering monitoring, compliance challenges, and potential changes to the regulatory framework. Panelists will include representatives from The Deposit Trust Company, broker-dealers, the Financial Industry Regulatory Authority and others.

The roundtable is part of an ongoing SEC effort to focus on the particular challenges facing issuers and regulated entities within the changing business and regulatory climates. The purpose of the roundtable is to enable Commission staff to gather ideas and request input for regulatory measures surrounding the execution, clearance and settlement of low-priced securities.

The event is open to the public with seating available on a first-come, first-served basis. The roundtable also will be webcast live on the SEC website and archived for later viewing. For more information about the roundtable, contact the Division of Enforcement at 202-551-6607. (Press Rel. 2011-186)

Enforcement Proceedings

In the Matter of Stanley J. Kowalewski

On September 19, 2011, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Stanley J. Kowalewski. On June 29, 2011, an Order Permanently Enjoining Defendant Kowalewski and Ordering Other Relief was entered by consent against Kowalewski, permanently enjoining him from future violations 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule and Rule 10b-5 thereunder, and Sections 206(1), 206(2) and 206(4) of the Advisers Act and Rule 206(4)-8 thereunder in the civil action entitled Securities and Exchange Commission v. Stanley J. Kowalewski and SJK Investment Management, LLC., Civil Action No. 1:11-CV-0056-TCB, in the United States District Court for the Northern District of Georgia.

Based on the above, Respondent Kowalewski is barred from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. Stanley J. Kowalewski consented to the issuance of the Order without admitting or denying any of the findings except he admitted the Commission’s jurisdiction over him and the subject matter of these proceedings, and the entry of the injunction against him. (Rel. IA-3281; File No. 3-14553)

Final Default Judgment Entered Against Relief Defendant Erin O’Malley, f/k/a Erin O. Mowen and Former Spouse of Convicted Ponzi Scheme Operator Jeffrey L. Mowen

The Securities and Exchange Commission announced today that the United States District Court for the District of Utah entered a final judgment, dated September 16, 2011, against Erin O’Malley, f/k/a Erin O. Mowen. Ms. O’Malley is the former spouse of convicted felon and securities law recidivist, Jeffrey L. Mowen. On May 4, 2011, Mowen pled guilty to committing wire fraud in a related criminal action, United States of America v. Mowen, Case No. 2:09-cr-00098-DB (D. Utah). In pleading guilty, Mowen acknowledged operating a Ponzi scheme from around October 2006 to around October 2008, wherein he received over $18 million from investors for use in a purported foreign currency trading program. The SEC Complaint alleges that the investor funds provided to Mowen were raised by Thomas Fry and the other defendants, Fry’s promoters, from the unregistered offer and sale of high-yield promissory notes to over 150 investors in several states. Mowen acknowledged in his guilty plea that, rather than using investor funds for their intended purpose, he used the money for his personal benefit, misappropriating over $8 million.

According to the SEC’s Complaint, Mowen transferred approximately $650,000 of the misappropriated funds to his then wife, relief defendant Erin O’Malley. The SEC sought the return of those funds in its complaint from Ms. O’Malley, whom it alleged had no bona fide right to the funds. The SEC did not allege that Ms. O’Malley personally committed any securities law violation. Ms. O’Malley did not respond to the SEC’s allegations and the court therefore ordered the default judgment against her, ordering her to disgorge $654,101 in funds that the SEC had shown, through bank records, Mowen had transferred to her. The SEC’s action is continuing against Mowen, Fry, and Fry’s promoters. [SEC v. Jeffrey L. Mowen, Thomas R. Fry, Bevan J. Wilde, Gary W. Hansen, Michael G. Butcher, James B. Mooring, David G. Bartholomew, and Michael W. Averett, Defendants, and Erin O’Malley, f/k/a Erin O. Mowen, Relief Defendant, Case No. 2:09-cv-00786-DB/PMW (D. Utah)] (LR-22096)

Court Enters Default Judgment Against SEC Defendants Christopher W. Bass and His Companies

The Securities and Exchange Commission announced that on September 14, 2011, the Honorable Lawrence E. Kahn, United States District Court Judge for the Northern District of New York, entered a default judgment against Defendants Christopher W. Bass, Swiss Capital Harbor-USA, LLC, Swiss Capital Harbor Fund A Partners, L.P., Swiss Capital Harbor Fund B Partners, L.P. and Swiss Capital Harbor Fund C Partners, L.P. (collectively, the “Defendants”). The default judgment permanently enjoins the Defendants from future 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 default judgment also grants leave to the SEC to file for disgorgement, prejudgment interest, and civil monetary penalties against the Defendants following sentencing in the pending criminal case against Bass, U.S. v. Christopher Bass, 10-cr-166 (N.D.N.Y) (LEK).

On May 24, 2010, the SEC filed its complaint against the Defendants alleging that from at least January 2007 through at least June 2009, the Defendants conducted a Ponzi scheme, through which they fraudulently obtained approximately $5.9 million from over 400 investors. Bass told prospective investors that he would pool their money to be invested in various enterprises by European money managers. Bass claimed that these managers historically had generated monthly returns ranging from 2.8 % to 6 %. According to the SEC’s complaint, Bass’s representations were false, and Bass did not invest investors’ money as claimed. Instead, Defendants used most of the funds to pay Bass’s personal expenses, to pay Defendants’ corporate operating expenses, and to satisfy certain investors’ redemption requests. For further information, please see Litigation Release Number 21533 (May 25, 2010) [SEC Charges Albany, NY Resident with Conducting $5.9 Million Ponzi Scheme].

The SEC acknowledges the assistance of the United States Attorney’s Office for the Northern District of New York. [SEC v. Christopher W. Bass,Swiss Capital Harbor-Usa, LLC, Swiss Capital Harbor Fund A Partners, L.P., Swiss Capital Harbor Fund B Partners, L.P., and Swiss Capital Harbor Fund C Partners, L.P., Civil Action No. 1 0-cv-00606 (LEK) (DRH) (NDNY)0 (LR-22097)

SEC Charges Operators of Investment Frauds based in Massachusetts, Florida and Indiana

On September 19, 2011, the Securities and Exchange Commission filed an enforcement action in federal court in Massachusetts against Diane Glatfelter of Billerica, Massachusetts, Robert Rice of Tallahassee, Florida, and Robert Anderson of Madison, Indiana, charging each of them with participating in fraudulent schemes involving the promotion and sale of fictitious financial instruments and trading programs. The Commission also charged two entities controlled by Glatfelter and Rice, K2 Unlimited, Inc. and 211 Ventures, LLC, in connection with the scheme.

The Commission's Complaint alleges that beginning in 2007, Glatfelter and Rice, through K2 Unlimited and 211 Ventures, offered fraudulent venture capital financing, which was purportedly to be raised through the use of “bank guarantees.” According to the Commission’s Complaint, Glatfelter, Rice and 211 Ventures also offered direct investments involving fictitious securities and trading programs, promising sky-high returns with guarantees against loss. In fact, the Commission alleges that the bank guarantees were non-existent fictional instruments and that the defendants defrauded investors of at least $1.8 million.

The Commission’s Complaint also alleges that in early 2009, Glatfelter became associated with Anderson and the two began to offer fraudulent investments to investors, also based in part on the use of various fictitious financial instruments. The Commission's Complaint alleges that Glatfelter and Anderson offered these fraudulent investments through an entity called E-Trust Clearing House, KB. The Commission alleges that Glatfelter and Anderson caused at least $425,000 in investor losses through the E-Trust scheme.

The Commission's Complaint alleges that Glatfelter, Rice, Anderson, K2 Unlimited and 211 Ventures violated various anti-fraud, broker-dealer and securities registration provisions of the federal securities laws. Specifically, the complaint alleges that Glatfelter, Rice, Anderson and 211 Ventures violated Sections 5(a) and 5(c) of the Securities Act of 1933; that all defendants violated Section 17(a) of the Securities Act; that all defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; that Glatfelter and Rice aided and abetted K2 Unlimited and 211 Ventures’ violations of Section 10(b) and Rule 10b-5 thereunder; and that Glatfelter, Rice and K2 Unlimited violated Section 15(a) of the Exchange Act. The Commission seeks permanent injunctions, disgorgement and prejudgment interest, and civil penalties against each defendant, and a bar prohibiting Glatfelter from serving as an officer or director of a public company.

The Commission’s Complaint alleges that the defendants in this matter purported to offer investment using the so-called “bank guarantees,” stand-by letters of credit, or mid-term notes, among others. The Complaint alleges these instruments are fictitious and are not legitimate investments. Investors who are offered investments similar to those alleged in the Commission's complaint may want to consult the SEC's website concerning "Warning to All Investors about Bogus "Prime Bank" and Other Banking-Related Investment Schemes," at: http://www.sec.gov/divisions/enforce/primebank.shtml; or, "How Prime Bank Frauds Work," at: http://www.sec.gov/divisions/enforce/primebank/howtheywork.shtml. [SEC v. K2 Unlimited, Inc., 211 Ventures, LLC, Diane Glatfelter, Robert Rice, and Robert Anderson, Case No. 11cv11649 (U.S. District Court, D. Mass.)] (LR-22098)

Investment Company Act Releases

Highland Capital Management, L.P., et al.

A notice has been issued giving interested persons until October 11, 2011 to request a hearing on an application filed by Highland Capital Management, L.P., et al., for an order under Section 6(c) of the Investment Company Act for an exemption from Rule 12d1-2(a) under the Act. The order would permit open-end management investment companies relying on Rule 12d1-2 under the Act to invest in certain financial instruments. (Rel. IC-29790 - September 15)

Self-regulatory organizations

Immediate Effectiveness of Proposed Rule Change

A proposed rule change filed by the Municipal Securities Rulemaking Board to extend the effective date of the amendment to the Continuing Disclosure Service of EMMA to provide for the posting of credit rating and related information on the EMMA public website (SR-MSRB-2011-16) 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 September 19. (Rel. 34-65346)

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.

       9162184700 - 2,016,667 ($4,214,834.03) Equity, (File 333-176861 - 
       Sep. 16) (BR. 03B)

       4085264000 - 164,984 ($2,071,149.19) Equity, (File 333-176862 - 
       Sep. 16) (BR. 03C)

S-8    Himax Technologies, Inc., NO. 26, ZIH LIAN ROAD, 
       SINSHIH DISTRICT, TAINAN CITY 74148, TAIWAN, F5, -, 866 (6) 505-0880 - 
       20,000,000 ($12,400,000.00) Other, (File 333-176863 - Sep. 16) (BR. 10B)

       8606698630 - 250,000 ($6,522,500.00) Equity, (File 333-176867 - 
       Sep. 16) (BR. 02C)

       SHEUNG WAN, K3, 00000, (852) 3568-1829 - 
       131,000,000 ($15,720,000.00) Equity, (File 333-176868 - Sep. 16) 
       (BR. 05)

       JOHNSTOWN, PA, 15907, 8145335300 - 800,000 ($1,576,000.00) Equity, 
       (File 333-176869 - Sep. 16) (BR. 07A)

       417-887-4400 - 57,943 ($57,943,000.00) Equity, (File 333-176871 - 
       Sep. 16) (BR. 07B)

S-3    United States 12 Month Oil Fund, LP, 1320 HARBOR BAY PARKWAY, 
       SUITE 145, ALAMEDA, CA, 94502, (510) 522-9600 - 0 ($1.00) Other, 
       (File 333-176873 - Sep. 16) (BR. 08C)

S-4    TMX Finance LLC, 15 BULL STREET, SUITE 200, SAVANNAH, GA, 31401, 
       912-525-2675 - 60,000,000 ($60,000,000.00) Non-Convertible Debt, 
       (File 333-176874 - Sep. 16) (BR. 07)

N-2    BlackRock Kelso Capital CORP, 40 EAST 52ND STREET, NEW YORK, NY, 10022, 
       212-754-5300 - 0 ($1,500,000,000.00) Unallocated (Universal) Shelf, 
       (File 333-176875 - Sep. 16) (BR. 17)

       71270, 318-255-3733 - 105,800 ($1,581,739.00) Equity, 
       (File 333-176876 - Sep. 16) (BR. 07A)

       SHELBOURNE ROAD, BALLSBRIDGE, DUBLIN, L2, 00000, 353 1 6699 020 - 
       0 ($39,612,700.00) Equity, (File 333-176877 - Sep. 16) (BR. 01A)

S-1    ProShares Trust II, 7501 WISCONSIN AVE, SUITE 1000, BETHESDA, MD, 
       20814, 240-497-6400 - 0 ($1.00) Other, (File 333-176878 - Sep. 16) 
       (BR. 08B)

S-1    Petrus Resources Corp, 3211 OCEAN DRIVE, VERO BEACH, FL, 32963, 
       772-234-9999 - 500,000 ($500,000.00) Equity, (File 333-176879 - 
       Sep. 16) (BR. )

S-1    Mascoma Corp, 67 ETNA ROAD, SUITE 300, LEBANON, NH, 03766, 
       603-676-3320 - 0 ($100,000,000.00) Equity, (File 333-176881 - Sep. 16) 
       (BR. )

S-1    Chino Commercial Bancorp, 14245 PIPELINE AVENUE, CHINO, CA, 91710, 
       909-393-8880 - 0 ($2,368,412.00) Equity, (File 333-176882 - Sep. 16) 
       (BR. 07C)

       150 NORTH MERAMEC, CLAYTON, MO, 63105, 3147255500 - 
       0 ($45,000,000.00) Equity, (File 333-176883 - Sep. 16) (BR. 07C)

       248-504-0500 - 0 ($10,931,000.00) Equity, (File 333-176884 - Sep. 16) 
       (BR. 05A)

S-3ASR CubeSmart, 460 E. SWEDESFORD ROAD, SUITE 3000, WAYNE, PA, 19087, 
       610-293-5700 - 0 ($0.00) Other, (File 333-176885 - Sep. 16) (BR. 08C)

       248-504-0500 - 0 ($100,000,000.00) Other, (File 333-176887 - Sep. 16) 
       (BR. 05A)

       37067, 615-465-7000 - 0 ($20,964,000.00) Equity, (File 333-176893 - 
       Sep. 16) (BR. 01A)

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

AAR CORP                                DE       2.02,9.01            09/15/11

Adamis Pharmaceuticals Corp             DE       1.01,5.02,5.07       09/15/11

ADVANCED ANALOGIC TECHNOLOGIES INC      DE       8.01,9.01            09/16/11

ADVANCED MEDICAL ISOTOPE Corp           DE       8.01                 09/16/11

ADVOCAT INC                             DE       5.02,9.01            09/16/11

AISystems, Inc.                                  5.02                 09/16/11

Alkermes plc.                           L2       1.01,2.01,2.03,4.01, 09/15/11

All American Gold Corp.                 WY       1.01,5.02,9.01       09/09/11

Alliance HealthCare Services, Inc       CA       5.02                 09/12/11

ALLIANCE RESOURCE PARTNERS LP           DE       8.01                 09/14/11

Allied Nevada Gold Corp.                DE       7.01,9.01            09/15/11

Allied World Assurance Co Holdings, A            1.02,8.01,9.01       09/15/11

ALLOS THERAPEUTICS INC                  DE       5.07                 06/21/11    AMEND

Ally Master Owner Trust                          1.01,8.01,9.01       09/14/11

Alpha Natural Resources, Inc.           DE       8.01                 09/16/11

Amincor, Inc.                           NV       5.02                 09/01/11

ANALOG DEVICES INC                      MA       5.02,9.01            09/13/11

ANTS SOFTWARE INC                       DE       5.02,9.01            09/12/11

ANTS SOFTWARE INC                       DE       1.01,9.01            09/16/11

ARCH COAL INC                           DE       8.01                 09/13/11

ARGAN INC                               DE       2.02,9.01            09/14/11

Arista Power, Inc.                      NY       7.01,9.01            09/15/11

Atlantic Coast Financial CORP           MD       5.02,9.01            09/16/11

AUTOBYTEL INC                           DE       3.01                 09/15/11

AUTONATION, INC.                        DE       7.01                 09/16/11

BEACON ENTERPRISE SOLUTIONS GROUP INC   NV       5.02,9.01            09/16/11

bebe stores, inc.                       CA       5.02                 09/16/11

BEHRINGER HARVARD MULTIFAMILY REIT I             8.01,9.01            09/16/11

BENIHANA INC                            DE       5.07,8.01            09/16/11

BI-OPTIC VENTURES INC                            1.01,7.01,9.01       09/16/11

BIOSPECIFICS TECHNOLOGIES CORP          DE       7.01,9.01            09/16/11

Bitzio, Inc.                            NV       1.01,1.02            09/14/11

Black Tusk Minerals Inc.                NV       5.02                 09/12/11

BLACKBOX SEMICONDUCTOR, INC.            NV       1.01,2.01,3.02,4.01, 09/15/11    AMEND

BlackRock Inc.                          DE       3.02                 09/16/11

BROADWIND ENERGY, INC.                  DE       1.01,8.01,9.01       09/16/11

BRUKER CORP                             DE       5.02,9.01            09/14/11

BRUKER CORP                             DE       5.07                 05/12/11    AMEND

CAGLES INC                              GA       2.03                 09/13/11

CANANDAIGUA NATIONAL CORP               NY       5.07                 09/14/11

CAPITAL BANK CORP                       NC       2.01,9.01            06/30/11    AMEND

Catalent Pharma Solutions, Inc.         DE       2.02,9.01            09/16/11

CATERPILLAR FINANCIAL SERVICES CORP     DE       1.01,2.03,9.01       09/16/11

CATERPILLAR INC                         DE       1.01,2.03,9.01       09/15/11

CEC ENTERTAINMENT INC                   KS       5.02                 09/15/11

CERNER CORP /MO/                        DE       5.07                 09/15/11    AMEND

CHART INDUSTRIES INC                    DE       8.01,9.01            09/15/11

CHARTER FINANCIAL CORP/GA                        9.01                 09/09/11    AMEND

China Forestry Industry Group, Inc.     CA       1.01,2.01,3.02,5.01, 09/16/11    AMEND
CHINA SECURITY & SURVEILLANCE TECHNOL   DE       3.01,3.03,5.01,5.02, 09/16/11
CIFC Corp.                              DE       1.01,9.01            09/16/11

CITADEL BROADCASTING CORP               DE       5.07,8.01,9.01       09/15/11

CITY HOLDING CO                         WV       7.01,9.01            09/16/11

City Media, Inc.                        UT       8.01,9.01            09/14/11

CLAIBORNE LIZ INC                       DE       5.02                 09/15/11

CLOROX CO /DE/                          DE       5.02                 09/12/11

CMG HOLDINGS GROUP, INC.                NV       8.01                 09/16/11

COEUR D ALENE MINES CORP                ID       5.02,9.01            09/12/11

COLLECTORS UNIVERSE INC                 DE       7.01,9.01            09/15/11

COMMUNITY BANK SHARES OF INDIANA INC    IN       1.01,3.02,3.03,5.02, 09/15/11
COMPUTER SCIENCES CORP                  NV       5.02,9.01            09/16/11

COMVERGE, INC.                          DE       5.02                 09/12/11

CONSUMERS BANCORP INC /OH/              OH       5.02,9.01            09/16/11

CORPORATE OFFICE PROPERTIES TRUST       MD       1.01,5.02,9.01       09/15/11

CROGHAN BANCSHARES INC                  OH       5.02,8.01,9.01       09/13/11

CubeSmart                               MD       5.03,9.01            09/14/11

CubeSmart                               MD       1.01,5.02,9.01       09/13/11

CURIS INC                               DE       5.02,8.01,9.01       09/13/11

CVB FINANCIAL CORP                      CA       7.01,8.01,9.01       09/16/11

DECKERS OUTDOOR CORP                    DE       5.02,5.03,9.01       09/12/11

DEL TORO SILVER CORP.                   NV       4.01,9.01            09/07/11    AMEND

DGSE COMPANIES INC                      NV       1.01,2.01,3.02,9.01  09/12/11

Diamond Information Institute           NJ       1.01,3.02            09/16/11

DIGITAL ALLY INC                                 3.01                 09/13/11

DIGITAL POWER CORP                      CA       5.02                 09/12/11

Disability Access Corp                           8.01                 09/09/11

Dolan Co.                               DE       1.01,3.03,9.01       09/15/11

DYNAMICS RESEARCH CORP                  MA       9.01                 06/30/11    AMEND

DYNEGY INC.                             DE       7.01,9.01            09/15/11

ENER1 INC                               FL       1.01,9.01            09/12/11

ENERGY CONVERSION DEVICES INC           DE       3.01                 09/16/11

Ensco plc                                        7.01,9.01            09/16/11

EQUITY LIFESTYLE PROPERTIES INC         MD       8.01                 09/15/11

EVERGREEN ENERGY INC                    DE       4.02                 09/16/11

EXCELSIOR LASALLE PROPERTY FUND INC              7.01                 09/14/11

Federal Home Loan Bank of Dallas                 2.03,9.01            09/12/11

FERRELLGAS PARTNERS L P                 DE       7.01                 09/16/11

First Bancorp, Inc /ME/                 ME       8.01                 09/15/11

FIRST CHINA PHARMACEUTICAL GROUP, INC   NV       4.02,7.01,9.01       09/13/11

FIRST M&F CORP/MS                       MS       8.01,9.01            09/15/11

First Titan Corp.                       FL       5.06                 09/16/11

FOSTER WHEELER AG                       V8       5.02                 09/14/11

FOX PETROLEUM INC.                      NV       2.01,2.03,2.05,5.02, 09/13/11    AMEND
FRANKLIN RESOURCES INC                  DE       5.03,9.01            09/15/11

FreightCar America, Inc.                DE       5.02,9.01            09/16/11

FUSION-IO, INC.                         DE       5.02                 09/13/11

Game Plan Holdings, Inc.                NV       1.01,3.02,9.01       09/13/11

Gamma Pharmaceuticals Inc               DE       5.02,8.01            09/16/11

GANNETT CO INC /DE/                     DE       5.02,9.01            09/15/11

General Finance CORP                    DE       8.01,9.01            09/16/11

GENTA INC DE/                           DE       8.01                 09/16/11

GEOKINETICS INC                         DE       7.01,9.01            09/15/11

Global Indemnity plc                    L2       5.02                 09/16/11    AMEND

Global Telecom & Technology, Inc.       DE       5.02,9.01            09/12/11

GOLDMAN SACHS GROUP INC                 DE       9.01                 09/16/11

Greenfield Farms Food, Inc.             NV       1.01,3.02,7.01,9.01  09/13/11

Grubb & Ellis Healthcare REIT II, Inc   MD       9.01                 06/30/11    AMEND

HARBINGER GROUP INC.                    DE       5.02,5.07,9.01       09/15/11

HELEN OF TROY LTD                                5.02,9.01            09/13/11

HENRY SCHEIN INC                        DE       1.01,9.01            09/14/11

HERSHA HOSPITALITY TRUST                MD       5.02                 09/12/11

HOLLYWOOD MEDIA CORP                    FL       1.01,3.03,9.01       09/16/11

HORIZON BANCORP /IN/                    IN       8.01,9.01            09/13/11

Horizon Lines, Inc.                              1.01,8.01,9.01       09/13/11

HSBC Finance Corp                                8.01,9.01            09/16/11

HUNTINGTON BANCSHARES INC/MD            MD       8.01                 09/15/11

IDACORP INC                             ID       8.01                 09/13/11

IDERA PHARMACEUTICALS, INC.             DE       5.02                 09/13/11

INERGETICS INC                          DE       8.01                 09/16/11

INTERNATIONAL BANCSHARES CORP           TX       8.01,9.01            09/16/11

ITT Corp                                IN       8.01                 09/15/11

JAKKS PACIFIC INC                       DE       8.01,9.01            09/16/11

KBS Real Estate Investment Trust III,   MD       1.01                 09/14/11

KEYCORP /NEW/                           OH       5.02,9.01            09/16/11

KIT digital, Inc.                       DE       1.01,9.01            09/15/11

KOPIN CORP                              DE       1.01,5.02,9.01       09/12/11

Legend Oil & Gas, Ltd.                  CO       1.01,5.03,8.01,9.01  09/12/11

Legend Oil & Gas, Ltd.                  CO       1.01,3.02,5.03,9.01  08/11/11    AMEND

Liberty Global, Inc.                    DE       7.01                 09/16/11

Liberty Global, Inc.                    DE       7.01                 09/16/11

LIFEPOINT HOSPITALS, INC.                        8.01,9.01            09/16/11

LIONS GATE ENTERTAINMENT CORP /CN/               5.07                 09/13/11

LMI AEROSPACE INC                       MO       1.01,8.01,9.01       09/12/11

LML PAYMENT SYSTEMS INC                 A1       1.01,8.01,9.01       09/14/11

Marine Drive Mobile Corp.               NV       5.02                 09/15/11

MATERION Corp                                    1.01,9.01            09/13/11

Mattersight Corp                        DE       5.07                 05/17/11    AMEND

MERCER GOLD CORP.                       NV       7.01,9.01            09/15/11    AMEND

MERIDIAN BIOSCIENCE INC                 OH       8.01                 09/14/11

MET PRO CORP                            PA       8.01,9.01            09/14/11

MGT CAPITAL INVESTMENTS INC             DE       8.01,9.01            09/14/11

MILESTONE SCIENTIFIC INC.               DE       5.02                 09/12/11

MOLINA HEALTHCARE INC                   DE       7.01,9.01            09/15/11

Motors Liquidation Co                   DE       8.01,9.01            09/16/11

MPHASE TECHNOLOGIES INC                 NJ       1.01                 09/16/11

NeoStem, Inc.                           DE       8.01,9.01            09/16/11

NETSOL TECHNOLOGIES INC                 NV       2.02,9.01            09/16/11

NEWS CORP                                        8.01,9.01            09/16/11

NHS Health Solutions Inc                NV       1.01                 09/15/11

NON INVASIVE MONITORING SYSTEMS INC /   FL       1.01,2.03            09/12/11

Northumberland Resources, Inc.          NV       5.03                 09/07/11

Obscene Jeans Corp.                     FL       1.01,1.02,9.01       09/12/11

Oculus Innovative Sciences, Inc.        CA       5.07                 09/12/11

ONE LIBERTY PROPERTIES INC              MD       8.01                 08/25/11

OPNET TECHNOLOGIES INC                  DE       5.07                 09/12/11

OptimumBank Holdings, Inc.              FL       5.02                 09/11/11

ORAGENICS INC                           FL       8.01                 09/09/11

Pacific Ethanol, Inc.                   DE       3.01                 09/13/11

PACIFIC WEBWORKS INC                    NV       4.02                 09/12/11

PALL CORP                               NY       2.02,9.01            09/14/11

Patriot Coal CORP                       DE       2.02,9.01            09/16/11

PAYCHEX INC                             DE       5.02,9.01            09/15/11

PC MALL INC                             DE       5.07                 09/16/11

PEOPLES EDUCATIONAL HOLDINGS            MN       7.01,9.01            09/16/11

PETROLEUM DEVELOPMENT CORP              NV       5.07                 06/10/11    AMEND

PHC INC /MA/                            MA       9.01                 09/15/11    AMEND

PINNACLE ENTERTAINMENT INC.             DE       1.01,9.01            09/15/11

PLAINS EXPLORATION & PRODUCTION CO      DE       3.03,5.03,9.01       09/14/11

POSITIVEID Corp                         DE       1.01                 09/16/11

PRIMUS TELECOMMUNICATIONS GROUP INC     DE       5.02                 09/16/11

PRINCIPAL FINANCIAL GROUP INC           DE       2.02,7.01,9.01       09/15/11

PUBLIC SERVICE CO OF NEW HAMPSHIRE      NH       2.03,9.01            09/13/11

QCR HOLDINGS INC                        DE       1.01,3.02,3.03,5.03, 09/15/11
Quadrant 4 Systems Corp                 FL       7.01,9.01            09/13/11

Rand Logistics, Inc.                    DE       8.01,9.01            09/16/11

RAYONIER INC                            NC       1.01,9.01            09/16/11

RPX Corp                                DE       8.01,9.01            09/12/11

RR Donnelley & Sons Co                  DE       5.07                 05/19/11    AMEND

RTI Biologics, Inc.                     DE       5.07                 05/05/11    AMEND

S&T BANCORP INC                         PA       1.01,8.01,9.01       09/14/11

SAN DIEGO GAS & ELECTRIC CO             CA       5.02                 09/13/11

San West, Inc                           CA       5.03,9.01            09/16/11

Santander Drive Auto Receivables Trus   DE       1.01,9.01            09/15/11

Savoy Energy Corp                       NV       1.01,2.03,3.02,8.01, 09/09/11
SELECT COMFORT CORP                     MN       1.01,9.01            09/14/11

SEMPRA ENERGY                           CA       5.02,9.01            09/13/11

Shengkai Innovations, Inc.              FL       8.01,9.01            09/16/11

SILGAN HOLDINGS INC                     DE       5.02                 09/14/11

SKY PETROLEUM, INC.                     NV       7.01,9.01            09/16/11

SOUTHERN CALIFORNIA GAS CO              CA       5.02                 09/13/11

Spansion Inc.                           DE       3.02                 09/16/11

SPECTRANETICS CORP                      DE       8.01                 09/13/11

ST JOE CO                               FL       1.01,5.02            09/12/11

ST JOSEPH INC                           CO       4.01,9.01            09/14/11

Strategic Storage Trust, Inc.           MD       1.01,9.01            09/12/11

STRYKER CORP                            MI       1.01,2.03,9.01       09/13/11

SULPHCO INC                             NV       1.03,5.02            09/16/11

SUNPOWER CORP                           DE       5.02                 09/12/11

TaxMasters, Inc.                        NV       4.02,9.01            09/08/11    AMEND

TC PIPELINES LP                         DE       5.02                 09/15/11

TELEMETRIX INC                          DE       1.03                 09/14/11

TESSERA TECHNOLOGIES INC                DE       5.03,9.01            09/14/11

TESSERA TECHNOLOGIES INC                DE       5.07                 09/15/11    AMEND

TIB FINANCIAL CORP.                     FL       2.01,9.01            06/30/11    AMEND

Titan Energy Worldwide, Inc.            NV       5.02,9.01            09/15/11

TJX COMPANIES INC /DE/                  DE       5.04                 09/16/11

TK Star Design, Inc.                    NV       4.01,9.01            09/16/11

TRANSATLANTIC HOLDINGS INC              DE       1.01,1.02,5.02,8.01, 09/15/11
TRANSCAT INC                            OH       5.07                 09/13/11

TRANSGENOMIC INC                        DE       7.01,9.01            09/13/11

TRI COUNTY FINANCIAL CORP /MD/          MD       5.03,9.01            09/12/11

Tropicana Las Vegas Hotel & Casino, I   DE       1.01,5.02,9.01       09/15/11

TUTOR PERINI Corp                       MA       1.01,5.02,7.01,9.01  09/13/11

TUTOR PERINI Corp                       MA       5.07                 06/01/11    AMEND

TUTOR PERINI Corp                       MA       9.01                 07/01/11    AMEND

TYCO INTERNATIONAL LTD                  V8       8.01,9.01            09/15/11

VALUE LINE INC                          NY       5.07                 09/15/11

Vanguard Natural Resources, LLC         DE       9.01                 09/16/11    AMEND

Vaughan Foods, Inc.                     OK       7.01,9.01            09/15/11

VISTA GOLD CORP                         B0       7.01,9.01            09/12/11

WEBSTER PREFERRED CAPITAL CORP          CT       8.01                 09/14/11

WELLCARE HEALTH PLANS, INC.             DE       5.02,8.01            09/16/11

WELLS REAL ESTATE FUND X L P            GA       7.01                 09/16/11

WEST MARINE INC                         DE       5.02,9.01            09/15/11

WESTAR ENERGY INC /KS                   KS       8.01,9.01            09/16/11

WEYERHAEUSER CO                         WA       7.01,9.01            09/15/11

Willbros Group, Inc.\NEW\                        1.01,9.01            09/16/11

WILLIAM LYON HOMES                      DE       8.01                 09/14/11

Wolverine Bancorp, Inc.                 MD       5.02,9.01            09/12/11

WORLD FUEL SERVICES CORP                FL       8.01,9.01            09/16/11

YAHOO INC                               DE       5.02                 09/14/11

YRC Worldwide Inc.                      DE       5.07                 09/16/11

YRC Worldwide Inc.                      DE       3.01,5.03,9.01       09/12/11

ZAP                                     CA       7.01,9.01            09/15/11



Modified: 09/19/2011