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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-231
December 1, 2011

Commission Announcements

Securities and Exchange Commission Suspends Trading in Microcap Issuers

The Securities and Exchange Commission (Commission) announced the temporary suspension of trading in the securities of the following issuers, commencing at 12 noon EST on December 1, 2011 and terminating at 11:59 p.m. on December 14, 2011:

  • ZipGlobal Holdings, Inc.
  • Symbollon Pharmaceuticals, Inc.
  • Microholdings US, Inc.
  • ComCam International, Inc.
  • Outfront Companies
  • Augrid Global Holdings Corp.
  • 1st Global Financial, Corp.

The Commission temporarily suspended trading in the securities of each of the issuers because of questions that have been raised about the accuracy and adequacy of publicly disseminated information concerning them. The 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 these companies.

Brokers and dealers should be alerted to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspension, no quotation may be entered relating to the securities of these issuers unless and until the broker or dealer has strictly complied 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 these issuers 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, D.C. 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, John T. Dugan of the Boston Regional Office of the Securities and Exchange Commission should be telephoned at (617) 573-8936. (Rel. 34-65857)

SEC Charges Multiple Hedge Fund Managers with Fraud in Inquiry Targeting Suspicious Investment Returns

As part of an initiative to combat hedge fund fraud by identifying abnormal investment performance, the Securities and Exchange Commission today announced enforcement actions against three separate advisory firms and six individuals for various misconduct including improper use of fund assets, fraudulent valuations, and misrepresenting fund returns. 

Under the initiative – the Aberrational Performance Inquiry – the SEC Enforcement Division’s Asset Management Unit uses proprietary risk analytics to evaluate hedge fund returns.  Performance that appears inconsistent with a fund’s investment strategy or other benchmarks forms a basis for further scrutiny.

In particular, the SEC alleges that the firms and managers engaged in a wide variety of illegal practices in the management of hedge funds or private pooled investment vehicles, including fraudulent valuation of portfolio holdings, misuse of fund assets, and misrepresentations to investors about critical attributes such as performance, assets, liquidity, investment strategy, valuation procedures, and conflicts of interest.

“We’re using risk analytics and unconventional methods to help achieve the holy grail of securities law enforcement – earlier detection and prevention,” said Robert Khuzami, Director of the SEC’s Division of Enforcement.  “This approach, especially in the absence of a tip or complaint, minimizes both the number of victims and the amount of loss while increasing the chance of recovering funds and charging the perpetrators.”

Robert Kaplan and Bruce Karpati, Co-Chiefs of the SEC Enforcement Division’s Asset Management Unit, added, “The extraordinary returns reported by these advisers and portfolio managers were, in most cases, too good to be true.  In other cases, outlier returns were a telltale sign that something else was amiss.  We are applying analytics across the investment adviser space – beyond performance and beyond hedge funds.”

The SEC has filed several enforcement actions to date stemming from this initiative.  Of the four actions announced today, three were filed in federal court and one was brought as an administrative proceeding. 

Michael Balboa and Gilles De Charsonville

The SEC today charged two individuals for engaging in a fraudulent scheme to overvalue the reported returns and net asset value of the Millennium Global Emerging Credit Fund.  At its peak in October 2008, the hedge fund’s reported assets were $844 million. 

The SEC’s complaint alleges that Michael Balboa, the fund’s former portfolio manager, schemed with two European-based brokers including Gilles De Charsonville of BCP Securities LLC to inflate the fund’s reported monthly returns and net asset value by manipulating its supposedly independent valuation process. 

Separately, the U.S. Attorney’s Office for the Southern District of New York announced the arrest of Balboa and simultaneous filing of a criminal action against him.

According to the SEC complaint, from at least January to October 2008, Balboa surreptitiously provided De Charsonville and another broker with fictional prices for two of the fund’s illiquid securities holdings for them to pass on to the fund’s outside valuation agent and its auditor.  The scheme caused the fund to drastically overvalue these securities holdings by as much as $163 million in August 2008, which in turn allowed the fund to report inflated and falsely-positive monthly returns.  By overstating the fund’s returns and overall net asset value, Balboa was able to attract at least $410 million in new investments, deter about $230 million in eligible redemptions, and generate millions of dollars in inflated management and performance fees. 

The SEC’s investigation, which continues, was conducted by Bill Conway, Brian Fitzpatrick, and Alison Conn of the New York Regional Office.  Nancy Brown is leading the SEC’s litigation effort. 

The SEC acknowledges the assistance and cooperation of the U.S. Attorney, U.S. Postal Inspection Service, U.K. Financial Services Authority, Bermuda Monetary Authority, Comisión Nacional del Mercado de Valores, Guernsey Financial Services Authority, and Nigeria Securities and Exchange Commission.

ThinkStrategy Capital Management and Chetan Kapur

The SEC charged New York-based hedge fund firm ThinkStrategy Capital Management LLC and its sole managing director Chetan Kapur with fraud in connection with two separate hedge funds they managed (ThinkStrategy Capital Fund and TS Multi-Strategy Fund).  At its peak in 2008, ThinkStrategy managed approximately $520 million in assets.

The SEC’s complaint filed on Nov. 9, 2011 alleges that ThinkStrategy and Kapur engaged in a pattern of deceptive conduct designed to bolster their track record, size, and credentials.  In particular, they materially overstated the performance of the Capital Fund and gave investors the false impression that the fund’s returns were consistently positive and minimally volatile.  ThinkStrategy and Kapur also repeatedly inflated the firm’s assets, exaggerated the firm’s longevity and performance history, and misrepresented the size and credentials of firm’s management team.

ThinkStrategy and Kapur consented to the entry of judgments permanently enjoining them from violating the antifraud provisions of the securities laws, and have agreed to pay financial penalties and disgorgement in an amount to be determined by a federal court.  Kapur consented to the entry of an SEC order, instituted Nov. 30, 2011, barring him from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.

The SEC’s investigation was conducted by Darren Long, Jeffrey Anderson, and Scott Weisman.  Michael Semler is leading the remaining litigation effort. 

Patrick Rooney and Solaris Management

The SEC charged Oakbrook, Ill. resident Patrick G. Rooney and his company Solaris Management LLC for fraudulently misusing the assets of the Solaris Opportunity Fund LP, to which it was the investment adviser.

According to the SEC’s complaint filed on Nov. 16, 2011 in federal court in Chicago, Rooney and Solaris made a radical change in the fund’s investment strategy, contrary to the fund’s offering documents and marketing materials, by becoming wholly invested in Positron Corp., a financially troubled microcap company. 

The SEC alleges that Rooney, who has been Chairman of Positron since 2004 and received salary and stock options from Positron since September 2005, misused the Solaris Fund’s money by investing more than $3.6 million in Positron through both private transactions and market purchases.  Many of the private transactions were undocumented while other investments were interest-free loans to Positron.  Rooney and Solaris hid the Positron investments and Rooney’s relationship with the company from the fund’s investors for over four years.  Although Rooney finally told investors about the Positron investments in a March 2009 newsletter, he allegedly lied by telling them he became Chairman to safeguard the fund’s investments.  These investments benefited Positron and Rooney while providing the fund with a concentrated, undiversified, and illiquid position in a cash-poor company with a lengthy track record of losses.

The SEC’s investigation was conducted by Andrew Shoenthal, Malinda Grish, Ann Tushaus, Linda Gerstman, and Paul Montoya of the Chicago Regional Office.  Timothy Leiman is leading the litigation effort.

LeadDog Capital Markets, Chris Messalas and Joseph LaRocco

The SEC instituted administrative proceedings against unregistered investment adviser LeadDog Capital Markets LLC and its general partners and owners Chris Messalas and Joseph LaRocco for misrepresenting or failing to disclose material information to investors in the LeadDog Capital LP fund. 

In proceedings instituted on Nov. 15, 2011, the SEC Division of Enforcement alleges that LeadDog, Messalas, and LaRocco induced investors to invest in a hedge fund they controlled through material misrepresentations and omissions concerning among other things Messalas’s negative regulatory history as a securities professional, compensation received by Messalas and LaRocco in connection with the fund’s investments, and Messalas’s substantial ownership interest in, and control of, some of the same companies to which he directed fund investments. 

In addition, LeadDog, Messalas, and LaRocco allegedly misrepresented to, and concealed from, existing and prospective investors the substantial conflicts of interests and related party transactions that characterized the fund’s illiquid investments.  For example, to induce one elderly investor to invest $500,000 in the fund, LeadDog, Messalas, and LaRocco represented falsely that at least half of the fund’s assets were liquid and could be marked to market each day, and that the investor could exit the fund at any time.

The SEC’s investigation was conducted by Luke Fitzgerald, Lisa Knoop, James Flynn, and Ken C. Joseph of the New York Regional Office.  Richard Primoff is leading the litigation. (Press Rel. 2011-252)

Commission Meetings

Closed Meeting on Thursday, December 8, 2011 at 2:00 p.m.

The subject matter of the Closed Meeting scheduled for Thursday, December 8, 2011 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; adjudicatory matters; 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

In the Matter of RMD Technologies, Inc.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default as to Five Respondents (Default Order) in RMD Technologies, Inc., Admin. Proc. No. 3-14616. 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 registration of each class of registered securities of RMD Technologies, Inc., Rockwall Holdings, Inc., Royston Mannor Estates, Inc., Southmark Corp., and Stargold Mines, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934.

Respondent Stelax Industries, Ltd. remains in the proceeding. Respondents Stem Cell Innovations, Inc., and Surfect Holdings, Inc., have agreed to settle with the Division of Enforcement. (Rel. 34-65855; File No. 3-14616)

Commission Declares Decision as to Aqua Society, Inc. Final

The decision of an administrative law judge revoking the registration of the registered securities of Aqua Society, Inc., has become final. The law judge found that Aqua Society Inc, a Nevada corporation headquartered in Herten, Germany, violated Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 by not filing any annual and quarterly reports with the Commission since August 2007, when it filed a Form10-QSB for the period ended June 30, 2007.

The law judge noted that on July 13, 2011, the Commission issued both an OIP and an order that temporarily suspended trading in Aqua’s securities; and, that on October 14, 2011, Aqua sought to voluntarily terminate its registration by filing a Form 15 in an effort to circumvent sanctions under Section 12(j).

The law judge found that Aqua’s violations were serious and recurrent, and that "its efforts to remedy its past violations were sketchy, at best." The law judge further noted that revocation of the registration of Aqua’s registered securities would serve the public interest and protect investors, pursuant to Section 12(j) of the Exchange Act. (Rel. 34-65856; File No. 3-14463)


Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by NASDAQ OMX PHLX LLC to extend the pilot period to allow cabinet trading to take place below $1 per option contract (SR-Phlx-2011-156) has become effective under Section 19(b)(3)(A) of the Exchange Act. Publication is expected in the Federal Register during the week of December 5. (Rel. 34-65852)

A proposed rule change filed by the NASDAQ OMX PHLX LLC (SR-Phlx-2011-157) relating to Active Specialized Quote Feed Port Fee has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 5. (Rel. 34-65853)


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.

        6129750001 - 11,728 ($1,172.80) Equity, (File 333-178218 - Nov. 30) 
        (BR. 09)

S-3     API Technologies Corp., 2200 SMITHTOWN AVENUE, RONKONKOMA, NY, 11779, 
        631-981-2400 - 0 ($17,312,657.20) Equity, (File 333-178219 - Nov. 30) 
        (BR. 10A)

S-8     Adama Technologies Corp, 76/7 ZALMAN SHAZAR STREET, HOD HASHARON, L3, 
        45350, 972-544-646141 - 3,000,000 ($870,000.00) Equity, 
        (File 333-178221 - Nov. 30) (BR. 11A)

S-8     Amarantus BioSciences, Inc., 675 ALMANOR AVE., SUNNYVALE, CA, 94085, 
        (408) 737-2734 - 7,500,000 ($1,237,500.00) Equity, (File 333-178222 - 
        Nov. 30) (BR. 01A)

S-8     YRC Worldwide Inc., 10990 ROE AVENUE, OVERLAND PARK, KS, 66211, 
        913-696-6100 - 0 ($24,000,000.00) Equity, (File 333-178223 - Nov. 30) 
        (BR. 05C)

        011-31-70-344-7308 - 0 ($20,084,982.00) Equity, (File 333-178224 - 
        Nov. 30) (BR. 01A)

        011-31-70-344-7308 - 0 ($5,865,000.00) Equity, (File 333-178225 - 
        Nov. 30) (BR. 01A)

S-8     ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 
        0 ($14,880,000.00) Equity, (File 333-178226 - Nov. 30) (BR. 01B)

S-8     ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 
        0 ($1,984,000.00) Equity, (File 333-178227 - Nov. 30) (BR. 01B)

S-8     ARQULE INC, 19 PRESIDENTIAL WAY, WOBURN, MA, 01801, 781-994-0300 - 
        0 ($992,000.00) Equity, (File 333-178228 - Nov. 30) (BR. 01B)

S-8     THQ INC, 29903 AGOURA ROAD, AGOURA HILLS, CA, 91301, 8188715000 - 
        8,000,000 ($14,210,000.00) Equity, (File 333-178229 - Nov. 30) (BR. 03C)

        888 267 1134 - 1,500,000 ($150,000.00) Equity, (File 333-178230 - 
        Nov. 30) (BR. 04)

S-8     SCHOLASTIC CORP, 555 BROADWAY, NEW YORK, NY, 10012, 2123436100 - 
        300,000 ($7,314,000.00) Equity, (File 333-178243 - Nov. 30) (BR. 05C)

S-4     Seven Seas Cruises S. DE R.L., 8300 NW 33RD STREET, SUITE 100, MIAMI, 
        FL, 33122, 305-514-2300 - 0 ($225,000,000.00) Non-Convertible Debt, 
        (File 333-178244 - Nov. 30) (BR. )

S-1     AURA SYSTEMS INC, 2335 ALASKA AVE, EL SEGUNDO, CA, 90245, 3106435300 - 
        13,034,000 ($8,602,440.00) Equity, (File 333-178245 - Nov. 30) (BR. 10A)

S-8     SCHOLASTIC CORP, 555 BROADWAY, NEW YORK, NY, 10012, 2123436100 - 
        2,100,000 ($51,198,000.00) Equity, (File 333-178246 - Nov. 30) (BR. 05C)


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

ACTUATE CORP                            DE       1.01,9.01            11/28/11

ADA-ES INC                              CO       7.01,8.01,9.01       11/29/11

AeroGrow International, Inc.            NV       1.01,2.03,9.01       11/23/11

AFFYMETRIX INC                          DE       1.01                 11/29/11

ALEXION PHARMACEUTICALS INC             DE       8.01,9.01            11/29/11

ALLIANCE FIBER OPTIC PRODUCTS INC       CA       8.01,9.01            11/30/11

AMBASSADORS INTERNATIONAL INC           DE       7.01,9.01            11/29/11

AMC ENTERTAINMENT INC                   DE       5.02,5.07            11/23/11

American Eagle Energy Inc.              NV       4.01,9.01            11/25/11

American Exploration Corp               NV       5.02,9.01            11/23/11

American Realty Capital Properties, I   MD       7.01,9.01            11/29/11

AMERICAN VANGUARD CORP                  DE       8.01,9.01            11/23/11

AMGEN INC                               DE       8.01                 11/30/11

Amwest Imaging Inc                      NV       1.01,2.01,2.02,3.02, 09/06/11    AMEND

AMYRIS, INC.                            DE       1.01                 11/23/11

ANADYS PHARMACEUTICALS INC                       3.01,3.03,5.01,5.02  11/23/11

ANCHOR BANCORP WISCONSIN INC            WI       1.01,9.01            11/29/11

ANYTHINGIT INC                          DE       7.01,9.01            11/23/11

API Technologies Corp.                  DE       1.01,9.01            11/29/11

Apple REIT Ten, Inc.                    VA       2.01                 11/28/11

Approach Resources Inc                  DE       7.01,9.01            11/30/11

ARK RESTAURANTS CORP                    NY       1.01,2.03,9.01       11/28/11

ASHFORD HOSPITALITY TRUST INC           MD       7.01,9.01            11/30/11

ASTRONICS CORP                          NY       1.01,2.01,9.01       11/30/11

AURA SYSTEMS INC                        DE       5.02                 11/17/11    AMEND

AUTONATION, INC.                        DE       1.01,9.01            11/29/11

AVIV REIT, INC.                         MD       8.01                 11/29/11

AvWorks Aviation Corp                            5.03,9.01            11/30/11

BANK JOS A CLOTHIERS INC /DE/           DE       2.02,9.01            11/30/11

BANKATLANTIC BANCORP INC                FL       2.04,8.01            11/23/11

BankGuam Holding Co                              8.01,9.01            11/30/11

Beacon Federal Bancorp, Inc.            MD       8.01,9.01            11/29/11

Berry Only Inc.                                  5.02                 11/30/11

BINGHAM CANYON CORP                     NV       4.01,9.01            11/23/11

BIO KEY INTERNATIONAL INC               DE       7.01,9.01            11/29/11

Bitzio, Inc.                            NV       1.01,3.02,9.01       11/24/11

Black Elk Energy Offshore Operations,   TX       2.02,9.01            11/30/11

Black Tusk Minerals Inc.                NV       5.02,8.01            11/23/11

Blueknight Energy Partners, L.P.        DE       8.01                 11/28/11

Blueknight Energy Partners, L.P.        DE       8.01                 11/28/11

BORGWARNER INC                          DE       7.01                 11/30/11

CANO PETROLEUM, INC                              3.01                 11/22/11

CANTEL MEDICAL CORP                     DE       1.01,5.02,9.01       11/23/11

Carey Watermark Investors Inc                    8.01,9.01            11/30/11

CASELLA WASTE SYSTEMS INC               DE       2.02,9.01            11/30/11

CASH AMERICA INTERNATIONAL INC          TX       1.01,2.03,7.01,9.01  11/29/11

Ceelox Inc.                                      1.02,9.01            11/30/11

CELL THERAPEUTICS INC                   WA       2.02,7.01,9.01       11/30/11

China CGame, Inc.                       DE       3.01                 11/30/11

CHINA EDUCATION ALLIANCE INC.           NC       5.02,8.01,9.01       11/30/11

China Information Technology, Inc.               5.07                 06/21/11    AMEND

China Modern Agricultural Information   NV       1.01,2.01,3.02,9.01  11/23/11

Citizens Community Bancorp Inc.         MD       2.02,9.01            11/30/11

CLAIRES STORES INC                      DE       2.02,9.01            11/29/11

COGENT COMMUNICATIONS GROUP INC                  5.07                 04/27/11    AMEND

COHEN & STEERS INC                      DE       5.02                 11/28/11

COLDWATER CREEK INC                     DE       2.02,9.01            11/30/11

COLUMBIA BANKING SYSTEM INC             WA       5.02,9.01            11/28/11

CORCEPT THERAPEUTICS INC                DE       8.01                 11/23/11

CPI AEROSTRUCTURES INC                  NY       1.01                 11/29/11

CROSSTEX ENERGY INC                     DE       7.01,9.01            11/28/11

CROSSTEX ENERGY LP                      DE       7.01,9.01            11/28/11

CROWN HOLDINGS INC                      PA       1.01                 11/30/11

CVB FINANCIAL CORP                      CA       7.01,8.01,9.01       11/30/11

CYTOKINETICS INC                                 8.01,9.01            11/30/11

DANA HOLDING CORP                       DE       7.01,9.01            11/30/11

DIGITALGLOBE INC                                 8.01                 11/28/11

Discover Card Execution Note Trust      DE       8.01                 11/30/11

Double Eagle Holdings, Ltd.             NV       5.02,9.01            11/28/11

DOVER Corp                              DE       5.02,8.01,9.01       11/30/11

Duke Energy CORP                        DE       8.01,9.01            11/30/11

E TRADE FINANCIAL Corp                  DE       7.01,9.01            11/30/11

EAGLE ROCK ENERGY PARTNERS L P          DE       7.01,9.01            11/30/11

ECOLAB INC                              DE       5.07,7.01,9.01       11/30/11

Ecoland International                   NV       1.01,9.01            11/25/11

ELEPHANT TALK COMMUNICATIONS CORP       CA       8.01,9.01            11/29/11

ENZON PHARMACEUTICALS INC               DE       5.02,9.01            11/23/11

EPOCH HOLDING CORP                      DE       8.01,9.01            11/30/11

Eternal Energy Corp.                             4.01,9.01            11/25/11

EXPRESS, INC.                                    2.02,9.01            11/30/11

FEDERAL HOME LOAN MORTGAGE CORP                  1.01                 11/23/11

FEDERAL NATIONAL MORTGAGE ASSOCIATION            1.01                 11/23/11

FIFTH THIRD BANCORP                     OH       5.02,9.01            11/28/11

FINISAR CORP                            DE       2.02,9.01            11/30/11

FLUOROPHARMA MEDICAL, INC.              NV       7.01,8.01,9.01       11/29/11

Fortegra Financial Corp                 DE       5.02                 11/23/11

Fresh Market, Inc.                      DE       2.02,9.01            11/30/11

GLEACHER & COMPANY, INC.                DE       7.01,9.01            11/30/11

Global Geophysical Services Inc         DE       8.01,9.01            11/30/11

GLOBAL NUTECH, INC.                     NV       5.03,9.01            11/23/11

GLOBALSCAPE INC                         DE       5.02                 11/30/11

GLOBALWISE INVESTMENTS INC              NV       4.01,9.01            11/23/11

GLOBE SPECIALTY METALS INC                       5.07                 11/30/11

Gordmans Stores, Inc.                   DE       2.02,9.01            11/30/11

GRAINGER W W INC                        IL       5.02,9.01            11/29/11

GRANT PARK FUTURES FUND LIMITED PARTN   IL       7.01,9.01            11/25/11

Grubb & Ellis Healthcare REIT II, Inc   MD       7.01,9.01            11/30/11

GUESS INC                               DE       2.02,9.01            11/30/11

HAMPSHIRE GROUP LTD                     DE       9.01                 08/25/11

HANGER ORTHOPEDIC GROUP INC             DE       7.01,9.01            11/30/11

HCC INSURANCE HOLDINGS INC/DE/          DE       1.01,2.03,9.01       11/30/11

HEALTHSOUTH CORP                        DE       7.01,9.01            11/30/11

HEARTLAND EXPRESS INC                   NV       8.01,9.01            11/29/11

HECLA MINING CO/DE/                     DE       1.01,9.01            11/25/11

Helix Wind, Corp.                       NV       5.02                 11/30/11

HIGHWOODS PROPERTIES INC                MD       5.02                 11/29/11

HINES REAL ESTATE INVESTMENT TRUST IN            8.01                 11/30/11

HOLLY ENERGY PARTNERS LP                DE       7.01,9.01            11/30/11

HPC POS SYSTEM, CORP.                   NV       8.01,9.01            11/28/11

INTERFACE INC                           GA       1.01,9.01            11/30/11

INTERSIL CORP/DE                        DE       1.01,9.01            11/23/11

ITP Energy Corp                                  8.01                 11/23/11

JAGGED PEAK, INC.                       NV       5.02,9.01            11/30/11

JDA SOFTWARE GROUP INC                  DE       8.01,9.01            11/30/11

JOHNSON & JOHNSON                       NJ       8.01                 11/28/11

JOHNSON OUTDOORS INC                    WI       2.02,9.01            11/30/11

KRANEM CORP                             CO       8.01                 11/29/11

KRISPY KREME DOUGHNUTS INC              NC       2.02,7.01,9.01       11/30/11

LA-Z-BOY INC                            MI       2.02,9.01            11/30/11

LAPIS TECHNOLOGIES INC                  DE       1.01                 11/24/11

LEVEL 3 COMMUNICATIONS INC              DE       8.01,9.01            11/23/11

Liberty Interactive Corp                         7.01,9.01            11/29/11

Liberty Media Corp                      DE       7.01,8.01,9.01       11/28/11

LIFE PARTNERS HOLDINGS INC              TX       8.01,9.01            11/30/11

MAGNETEK, INC.                          DE       8.01,9.01            11/30/11

Magnolia Solar Corp                     NV       8.01,9.01            11/30/11

MAINLAND RESOURCES INC.                          1.01,8.01,9.01       11/23/11

Marina Biotech, Inc.                    DE       3.01,9.01            11/29/11

Medley Capital Corp                     DE       8.01,9.01            11/29/11

MedQuist Holdings Inc.                  DE       2.02,7.01,9.01       11/30/11

META FINANCIAL GROUP INC                DE       8.01,9.01            11/30/11

MORGAN GROUP HOLDING CO                          5.07                 11/25/11

MORGANS FOODS INC                       OH       1.01                 11/29/11

Morgans Hotel Group Co.                 DE       2.01,9.01            11/23/11

MPHASE TECHNOLOGIES INC                 NJ       3.02                 11/30/11

MYLAN INC.                              PA       1.01,9.01            11/29/11

Nalco Holding CO                                 5.02                 11/30/11

NATIONAL PENN BANCSHARES INC            PA       7.01,9.01            11/30/11

NATIONAL TAX CREDIT INVESTORS II        CA       1.01,9.01            11/28/11

NCO Group, Inc.                         DE       7.01,8.01,9.01       11/30/11

NETREIT, INC.                           MD       8.01,9.01            09/16/11    AMEND

NEUROLOGIX INC/DE                       DE       5.02,9.01            11/29/11

NEVADA GOLD & CASINOS INC               NV       1.01,9.01            11/23/11

NEW ENERGY SYSTEMS GROUP                NV       1.01,8.01,9.01       11/24/11

NEW PEOPLES BANKSHARES INC              VA       5.07                 11/28/11

NEW YORK MORTGAGE TRUST INC             MD       7.01,9.01            11/28/11

NEWS CORP                                        8.01,9.01            11/30/11

Nova Lifestyle, Inc.                    NV       7.01,9.01            11/30/11

OIL DRI CORP OF AMERICA                 DE       3.01,9.01            11/30/11

OMNI VENTURES INC                       KS       5.02                 11/30/11

OPENTABLE INC                           DE       7.01,9.01            11/30/11

ORIENT EXPRESS HOTELS LTD               D0       2.02,9.01            11/30/11

ORIGINOIL INC                           NV       8.01,9.01            11/30/11

PATRIOT TRANSPORTATION HOLDING INC      FL       2.02,9.01            11/30/11

PEABODY ENERGY CORP                     DE       7.01,9.01            11/30/11

PENSON WORLDWIDE INC                    DE       5.02,9.01            11/25/11

PERRY ELLIS INTERNATIONAL INC           FL       8.01,9.01            11/30/11

PHARMACEUTICAL PRODUCT DEVELOPMENT IN   NC       5.07,9.01            11/30/11

Phillips Edison - ARC Shopping Center   MD       2.01                 11/23/11

PPLUS Trust Series GSC-2                DE       8.01                 11/29/11

PPLUS Trust Series JPM-1                DE       8.01                 11/29/11

PREMIER EXHIBITIONS, INC.               FL       5.02,8.01,9.01       11/28/11

Quad/Graphics, Inc.                     WI       5.02                 11/29/11

QUANTUM FUEL SYSTEMS TECHNOLOGIES WOR   DE       8.01,9.01            11/30/11

RALCORP HOLDINGS INC /MO                MO       2.02,9.01            11/29/11

RAYONIER INC                            NC       2.01,9.01            11/23/11

REALOGY CORP                            DE       1.01,2.03,5.02       11/23/11

RED MOUNTAIN RESOURCES, INC.            FL       1.01,2.03,9.01       11/25/11

REDDY ICE HOLDINGS INC                  DE       3.01,9.01            11/28/11

RENTECH INC /CO/                        CO       8.01                 11/30/11

REPUBLIC SERVICES, INC.                 DE       5.02                 11/30/11

RETRACTABLE TECHNOLOGIES INC            TX       8.01,9.01            11/29/11

REX AMERICAN RESOURCES Corp             DE       2.02,9.01            11/30/11

RLI CORP                                IL       5.05                 11/30/11

Rock-Tenn CO                            GA       7.01,9.01            11/30/11

ROGERS INTERNATIONAL RAW MATERIALS FU            2.06                 11/22/11

Rosetta Resources Inc.                  DE       7.01,9.01            11/30/11

ROWAN COMPANIES INC                     DE       7.01,9.01            11/30/11

rue21, inc.                             DE       2.02,9.01            11/30/11

S&T BANCORP INC                         PA       7.01,9.01            11/30/11

SCHOLASTIC CORP                         DE       5.02                 11/28/11

Scripps Networks Interactive, Inc.      OH       7.01,8.01,9.01       11/28/11

SEACHANGE INTERNATIONAL INC             DE       2.02,5.02,7.01,9.01  11/29/11

SEITEL INC                              DE       1.01,2.03,9.01       11/28/11

SELECT MEDICAL HOLDINGS CORP                     7.01,9.01            11/30/11

SEMTECH CORP                            DE       2.02,7.01,8.01,9.01  11/30/11

SENESCO TECHNOLOGIES INC                DE       8.01,9.01            11/30/11

SIGMA DESIGNS INC                       CA       2.02,9.01            11/30/11

SILLENGER EXPLORATION CORP.             NV       1.01,5.02,9.01       11/30/11

SIMMONS FIRST NATIONAL CORP             AR       8.01,9.01            11/30/11

SKINOVATION PHARMACEUTICAL INC          NV       4.01,9.01            11/23/11

Sono Resources, Inc.                    NV       7.01                 11/30/11

Soton Holdings Group, Inc.              NV       1.01,5.01,5.02,9.01  11/22/11

Southern National Bancorp of Virginia   VA       5.02                 11/29/11

Stalar 1, Inc.                          DE       1.02                 11/30/11

STANDARD MICROSYSTEMS CORP              DE       7.01,9.01            11/30/11

SUFFOLK BANCORP                         NY       3.01,9.01            11/29/11

SUPERMEDIA INC.                         DE       7.01                 11/29/11

SVB FINANCIAL GROUP                              7.01,9.01            11/30/11

SYKES ENTERPRISES INC                   FL       2.05,2.06            11/29/11

SYNOPSYS INC                            DE       2.02,9.01            11/30/11

TELKONET INC                            UT       5.02,8.01,9.01       11/28/11

THUNDER MOUNTAIN GOLD INC               NV       5.02,8.01,9.01       11/28/11

Tianli Agritech, Inc.                   D8       7.01,9.01            11/15/11

TIANYIN PHARMACEUTICAL CO., INC.        DE       8.01                 11/25/11

TIDEWATER INC                           DE       8.01,9.01            11/28/11

TRANSATLANTIC HOLDINGS INC              DE       1.01,9.01            11/20/11    AMEND

Transocean Ltd.                         V8       8.01,9.01            11/30/11

TRIMAS CORP                             DE       1.01,2.03,8.01       11/23/11

TRUSTMARK CORP                          MS       8.01                 11/30/11

Under Armour, Inc.                      MD       8.01                 11/30/11

United eSystems, Inc.                   NV       1.01,2.03,9.01       11/22/11

UNITED NATURAL FOODS INC                DE       2.02,9.01            11/30/11

UNITED REFINING CO                      PA       8.01,9.01            11/30/11

United States 12 Month Natural Gas Fu            7.01,9.01            11/30/11

United States 12 Month Oil Fund, LP              7.01,9.01            11/30/11

United States Brent Oil Fund, LP        DE       7.01,9.01            11/30/11

United States Commodity Index Funds T   DE       7.01,9.01            11/30/11

United States Gasoline Fund, LP         DE       7.01,9.01            11/30/11

United States Heating Oil Fund, LP      DE       7.01,9.01            11/30/11

United States Natural Gas Fund, LP               7.01,9.01            11/30/11

United States Oil Fund, LP              DE       7.01,9.01            11/30/11

United States Short Oil Fund, LP        DE       7.01,9.01            11/30/11

UNITIL CORP                             NH       7.01,9.01            11/29/11

URANERZ ENERGY CORP.                    NV       7.01,9.01            11/29/11

URANIUM RESOURCES INC /DE/              DE       8.01,9.01            11/29/11

US BANCORP \DE\                         DE       8.01,9.01            11/30/11

VECTOR GROUP LTD                        DE       3.01,5.02            11/28/11

VECTREN CORP                            IN       2.03                 11/30/11

VistaGen Therapeutics, Inc.             NV       1.01,9.01            11/17/11

VOLITIONRX LTD                          DE       4.01,9.01            11/29/11

Walker & Dunlop, Inc.                   MD       1.01,9.01            11/28/11

WELLS FARGO & CO/MN                     DE       5.03,9.01            11/29/11

WESCO INTERNATIONAL INC                          8.01,9.01            11/30/11

WEST CORP                               DE       8.01,9.01            11/24/11

WESTWOOD ONE INC /DE/                   DE       4.01,9.01            11/23/11

Wikifamilies, Inc.                      NV       4.01                 05/20/11    AMEND

WNC HOUSING TAX CREDIT FUND II LP       CA       2.02,9.01            11/30/11

WNC HOUSING TAX CREDIT FUND III L P     CA       2.02,9.01            11/30/11

WNC HOUSING TAX CREDIT FUND IV L P SE   CA       2.02,9.01            11/30/11

WOUND MANAGEMENT TECHNOLOGIES, INC.     TX       1.01,9.01            11/23/11

XCEL ENERGY INC                         MN       7.01,9.01            11/30/11

ZION OIL & GAS INC                      DE       8.01,9.01            11/30/11



Modified: 12/01/2011