SEC Charges “Shell Packagers” and Several Others in Penny Stock Scheme
The Securities and Exchange Commission today charged a shell packaging firm and several others involved in a penny stock scheme to issue purportedly unrestricted shares in the public markets.
The SEC alleges that Joseph Meuse and his firm Belmont Partners LLC – which is in the business of identifying and selling public shell companies for use in reverse mergers – fabricated and backdated documents used to convince a transfer agent and an attorney writing an opinion letter to issue free-trading shares of Alternative Green Technologies Inc. (AGTI). The SEC also charged AGTI and its CEO Mitchell Segal as well as Segal’s business partner Howard Borg and stock promoters David Ryan, Vikram Khanna, and Panascope Capital Inc. for their roles in the scheme that resulted in unknowing investors purchasing fraudulently issued AGTI shares without the protections afforded by the securities laws.
“Shell packagers who buy and sell public companies for use by fraudsters have no rightful place in our markets,” said David Rosenfeld, Associate Director of the SEC’s New York Regional Office. “These shell packagers not only sold the shell company, but created the false documents necessary to cause the transfer agent to issue shares that should never have been sold to the public.”
According to the SEC’s complaint filed in U.S. District Court for the Southern District of New York, Long Island-based AGTI and Segal, an attorney licensed to practice in New York, knowingly submitted false documents to a transfer agent and an attorney, who relied on them to conclude that free-trading shares of AGTI could legitimately be issued. Virginia-based Belmont Partners and Meuse aided and abetted AGTI’s fraud by knowingly creating and sometimes backdating the false documentation, including a sham assignment of debt and a fabricated and backdated corporate resolution and convertible note. Segal then used the stock certificates illegally issued to fund promotional campaigns promoting AGTI’s stock. The stock promoters – Ryan, Panascope Capital and its president Khanna – were charged with selling the unregistered securities.
The SEC’s complaint charges all defendants with violating Section 5 of the Securities Act of 1933, and AGTI and Segal with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c) thereunder. Segal, Meuse and Belmont Partners are charged with aiding and abetting the fraud by AGTI. The SEC’s complaint seeks permanent injunctions and disgorgement against all defendants; a financial penalty against AGTI, Segal, Belmont Partners, Meuse, and Ryan; and officer and director and penny stock bars against Segal and Meuse. The SEC’s complaint also names several relief defendants for the purposes of recovering proceeds they received from the illicit stock sales.
Borg, Khanna and Panascope Capital have consented to the entry of a final judgment enjoining them from further violations of Section 5 of the Securities Act without admitting or denying the allegations in the SEC’s complaint. Khanna and Panascope Capital agreed to pay $81,477.10 to settle the charges, and Borg agreed to pay $35,264.05 and surrender to the transfer agent for cancellation more than four million shares of AGTI stock that were illegally issued. The settlements are subject to court approval.
The SEC’s investigation was conducted by Megan Genet and Steven G. Rawlings of the SEC’s New York Regional Office. The SEC’s litigation effort will be led by Todd Brody and Megan Genet. (Press Rel. 2011-262)
Closed Meeting on Monday, December 19, 2011 at 2:00 p.m.
The subject matter of the Closed Meeting scheduled for Monday, December 19, 2011 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; other matters relating to enforcement proceedings; and an adjudicatory matter
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.
SEC Charges GlaxoSmithKline PLC Subsidiary and the Subsidiary’s Former CEO for Defrauding its Employees and Shareholders out of over $110 million
The Securities and Exchange Commission (SEC) announced today that it filed securities fraud charges against Stiefel Laboratories Inc. (at the time of its misconduct the world’s largest private manufacturer of dermatology products, and now a fully-owned subsidiary of GlaxoSmithKline PLC) and Charles Stiefel, its former chairman and CEO, alleging they defrauded shareholders by buying back their stock at severely undervalued stock prices from November 2006 to April 2009.
According to the SEC’s complaint, in each of those years, Stiefel Labs and Charles Stiefel used low valuations for stock buybacks and omitted to disclose to the Company’s own employees important information that would have alerted them that their stock was worth much more (information that only certain members of the Stiefel family and senior management knew about).
The SEC’s complaint alleges that first, between November 2006 and April 2007, Stiefel Labs purchased more than 750 shares of Stiefel Labs stock from shareholders at $13,012 a share even though Charles Stiefel knew that five private equity firms had submitted offers to buy preferred stock in November 2006 based on equity valuations of Stiefel Labs that were more than 50% to 200% higher than the valuation later used for stock buybacks.
Second, the SEC’s complaint alleges that between late July 2007 and June 2008, Stiefel Labs purchased more than 350 additional shares of Stiefel Labs stock from shareholders under the Company’s employee stock plan at $14,517 a share. It also bought more than 1,050 shares from shareholders outside the Plan at an even lower stock price. At the time of these buybacks, Charles Stiefel knew, not only about the November 2006 private equity valuations, but that a prominent private equity firm had bought preferred stock based on an equity valuation for Stiefel Labs that was more than 300% higher than that used for stock buybacks.
Third, the SEC’s complaint alleges that between December 3, 2008 and April 1, 2009, Stiefel Labs purchased more than 800 shares of its stock from shareholders at $16,469 a share even though Charles Stiefel knew that equity valuation was low and misleading, in part because he was negotiating the sale of the Company. Indeed, beginning in late November 2008, Stiefel Labs decided to seek acquisition bids from several pharmaceutical companies. On January 26, 2009, Glaxo expressed interest in a Stiefel Labs acquisition and signed a confidentiality agreement on January 28, 2009. As late as March 16, 2009, Charles Stiefel ordered that the ongoing negotiations not be disclosed to employees and he misled shareholders to believe the Company would remain family-owned. On April 20, 2009, Stiefel Labs announced that Glaxo would acquire the Company for a value that amounted to more than $68,000 per share (more than 300% higher than the $16,469 Stiefel Labs paid to buy back shares from its shareholders).
The SEC alleges that as a result of their violations of the federal securities laws, Stiefel Labs and Charles Stiefel benefitted greatly and shareholders lost more than $110 million by selling their stock to Stiefel Labs based on the misleading valuations Stiefel Labs and Charles Stiefel had provided them.
The SEC’s complaint charges Stiefel Labs with violating and Charles Stiefel with violating and aiding and abetting Stiefel Labs’ violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint seeks a final judgment permanently enjoining the defendants from future violations of these provisions of the federal securities laws and ordering them to disgorge their ill-gotten gains plus prejudgment interest and pay financial penalties, and also seeks an officer and director bar against Charles Stiefel. [SEC v. Stiefel Laboratories Inc. and Charles W. Stiefel (United States District Court For The Southern District Of Florida, CASE NO. 1:11-cv-24438] (LR-22187)
SEC Charges Massachusetts-Based Penny Stock Promoter with Making Fraudulent Statements
The Securities and Exchange Commission, in an action filed today in federal court in Boston, charged Massachusetts resident Geoffrey J. Eiten and his company National Financial Communications Corp. (“NFC”) for making material misrepresentations and omissions in a penny stock publication they issued.
The Commission’s complaint alleges that Eiten and NFC publish a penny stock promotion piece called the “OTC Special Situations Reports.” According to the complaint, Eiten, self-proclaimed “America’s Leading Micro-Cap Stock Picker,” promotes penny stocks in this publication on behalf of clients in order to increase the price per share and/or volume of trading in the market for the securities of penny stock companies. The complaint alleges that Eiten and NFC have made misrepresentations in these reports about the penny stock companies they are promoting. For example, the Commission’s complaint alleges that during 2010, Eiten and NFC issued reports promoting four penny stock companies: (1) Clean Power Concepts, Inc., based in Regina, Saskatchewan, Canada, a purported manufacturer and distributor of various fuel additives and lubrication products made from crushed seed oil; (2) Endeavor Power Corp., based in Robesonia, Pennsylvania, a purported recycler of value metals from electronic waste; (3) Gold Standard Mining, based in Agoura Hills, California, a purported owner of Russia gold mining operations; and (4) Nexaira Wireless Corp., based in Vancouver, British Columbia, Canada, a purported developer and seller of wireless routers. The Commission’s complaint alleges that in these four reports, Eiten and NFC made material misrepresentations and omissions, concerning, among other things, the companies’ financial condition, future revenue projections, intellectual property rights, and Eiten’s interaction with company management as a basis for his statements.
According to the complaint, Eiten and NFC were hired to issue the above reports. Eiten and NFC used false information provided by their clients, without checking the accuracy of the information with the companies in question or otherwise ensuring that the statements they were making in the OTC Special Situations Report were true.
The Commission’s complaint charges Eiten and NFC with violating the antifraud provisions of the federal securities laws (Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5 thereunder). In its complaint, the Commission seeks permanent injunctions, disgorgement plus prejudgment interest, civil penalties, and penny stock bars pursuant to Section 21(d)(6) of the Exchange Act against the defendants. [SEC v. Geoffrey J. Eiten and National Financial Communications Corp., 1:11-CV-12185 (District of Massachusetts)] (LR-22188)
Immediate Effectiveness of Proposed Rule Changes
The Commission issued notice of a proposed rule change submitted by EDGA Exchange, Inc. (SR-EDGA-2011-40) pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to amend EDGA Rule 11.9. Publication is expected in the Federal Register during the week of December 12. (Rel. 34-65911)
A proposed rule change filed by NYSE Arca, Inc. (SR-NYSEArca-2011-91) to amend the NYSE Arca Options Fee Schedule relating to manual orders 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 December 12. (Rel. 34-65922)
A proposed rule change filed by the NASDAQ OMX PHLX LLC (SR-Phlx-2011-167) relating to the Permit 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 12. (Rel. 34-65924)
A proposed rule change filed by the NASDAQ OMX PHLX LLC (SR-Phlx-2011-166) relating to Permit Fees 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 12. (Rel. 34-65925)
A proposed rule change filed by The NASDAQ Stock Market LLC (SR-NASDAQ-2011-171) relating to post-only order 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 12. (Rel. 34-65929)
Withdrawal of Proposed Rule Change
The Commission issued notice of withdrawal of a proposed rule change filed by NASDAQ OMX PHLX LLC (SR-Phlx-2011-143) under Rule 19b-4 of the Securities Exchange Act of 1934 to modify Commentary .01 to Rule 1009 regarding criteria for listing an option on an underlying covered security. Publication is expected in the Federal Register during the week of December 12. (Rel. 34-65917)
Approval of Proposed Rule Changes
The Commission approved a proposed rule change (SR-Phlx-2011-141), as modified by Amendment No. 1, filed by NASDAQ OMX PHLX LLC to introduce the Minimum Life Order as a new order type. Publication is expected in the Federal Register during the week of December 12. (Rel. 34-65926)
The Commission approved a proposed rule change (SR-OCC-2011-15) filed by The Options Clearing Corporation (OCC) under Section 19(b)(2) of the Securities Exchange Act of 1934 relating to management of liquidity risk. Publication is expected in the Federal Register during the week of December 12. (Rel. 34-65927)
The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue.
Registration statements may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
S-8 WPX ENERGY, INC., ONE WILLIAMS CENTER, TULSA, OK, 74172, 918-573-2000 - 0 ($563,140,000.00) Equity, (File 333-178388 - Dec. 9) (BR. 04B) S-3ASR FOREST CITY ENTERPRISES INC, 1100 TERMINAL TOWER, 50 PUBLIC SQ, CLEVELAND, OH, 44113, 216-621-6060 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178389 - Dec. 9) (BR. 08B) S-3 OVERSTOCK.COM, INC, 6350 SOUTH 3000 EAST, SALT LAKE CITY, UT, 84121, 8019473100 - 0 ($200,000,000.00) Other, (File 333-178390 - Dec. 9) (BR. 02A) N-2 Fifth Street Finance Corp, 10 BANK STREET, SUITE 1210, WHITE PLAINS, NY, 10601, (914) 286-6800 - 0 ($500,000,000.00) Equity, (File 333-178391 - Dec. 9) (BR. 16) S-3ASR WELLPOINT, INC, 120 MONUMENT CIRCLE, INDIANAPOLIS, IN, 46204, 3174886000 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178394 - Dec. 9) (BR. 01A) S-8 AGCO CORP /DE, 4205 RIVER GREEN PKWAY, DULUTH, GA, 30096, 7708139200 - 5,000,000 ($225,100,000.00) Equity, (File 333-178399 - Dec. 9) (BR. 10A) F-3ASR TEVA PHARMACEUTICAL INDUSTRIES LTD, 5 BAZEL ST, P O B 3190, PETACH TIKVA, L3, 49131, 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178400 - Dec. 9) (BR. 01B) S-8 CURAXIS PHARMACEUTICAL Corp, 1004 CHAGFORD WAY, RALEIGH, NC, 27614, 919-313-4930 - 7,500,000 ($412,500.00) Equity, (File 333-178404 - Dec. 9) (BR. 01A) S-3 IDERA PHARMACEUTICALS, INC., 167 SIDNEY STREET, CAMBRIDGE, MA, 02139, 6176795500 - 0 ($9,359,465.00) Equity, (File 333-178405 - Dec. 9) (BR. 01A) S-3ASR GENERAL DYNAMICS CORP, 2941 FAIRVIEW PARK DRIVE, SUITE 100, FALLS CHURCH, VA, 22042-4513, 7038763000 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178406 - Dec. 9) (BR. 05B) S-8 NETSCOUT SYSTEMS INC, 310 LITTLETON ROAD, WESTFORD, MA, 01886, 978-614-4000 - 0 ($185,955,000.00) Equity, (File 333-178411 - Dec. 9) (BR. 03B) S-1 Medifirst Solutions, Inc., 4400 NORTH FEDERAL HWY, SUITE 54,, BOCA RATON, FL, 33431, 561-558-6872 - 6,574,250 ($525,940.00) Equity, (File 333-178412 - Dec. 9) (BR. ) S-3ASR VECTOR GROUP LTD, 100 S E SECOND ST, MIAMI, FL, 33131, 3055798000 - 9,511,974 ($168,266,820.06) Equity, (File 333-178413 - Dec. 9) (BR. 05C) S-1 ACCESS PHARMACEUTICALS INC, 2600 N STEMMONS FRWY, STE 176, DALLAS, TX, 75207, 2149055100 - 8,615,517 ($11,975,569.00) Equity, (File 333-178415 - Dec. 9) (BR. 01B) S-1 WHEELCHAIR ADL SOLUTIONS, 23614 E SPRAGUE AVE, LIBERTY LAKE, WA, 99019, 509-995-5250 - 7,013,000 ($1,451,300.00) Equity, (File 333-178417 - Dec. 9) (BR. ) S-1 ATHERSYS, INC / NEW, 3201 CARNEGIE AVENUE, CLEVELAND, OH, 44115-2634, 216-431-9900 - 8,000,000 ($12,160,000.00) Equity, (File 333-178418 - Dec. 9) (BR. 01B) S-3 PLUM CREEK TIMBER CO INC, 999 THIRD AVENUE, SUITE 4300, SEATTLE, WA, 98104-4096, (206)467-3600 - 0 ($1.00) Unallocated (Universal) Shelf, (File 333-178419 - Dec. 9) (BR. 08C) S-8 Liberty Media Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 80112, (720) 875-5400 - 2,000,000 ($152,180,000.00) Equity, (File 333-178420 - Dec. 9) (BR. 11C) S-8 Liberty Media Corp, 12300 LIBERTY BOULEVARD, ENGLEWOOD, CO, 80112, (720) 875-5400 - 3,265,000 ($248,433,850.00) Equity, (File 333-178421 - Dec. 9) (BR. 11C) S-3 NEW HAMPSHIRE THRIFT BANCSHARES INC, 9 MAIN ST, THE CARRAIG HOUSE, NEWPORT, NH, 03257, 6038630886 - 0 ($50,677,570.22) Equity, (File 333-178422 - Dec. 9) (BR. 07B) S-8 PHOTOMEDEX INC, 147 KEYSTONE DRIVE, MONTGOMERYVILLE, PA, 18936, 2156193600 - 2,410,000 ($37,355,000.00) Equity, (File 333-178423 - Dec. 9) (BR. 10C) S-4 S&T BANCORP INC, 800 PHILADELPHIA STREET, PO BOX 190, INDIANA, PA, 15701, 724-427-2347 - 0 ($17,672,253.40) Equity, (File 333-178424 - Dec. 9) (BR. 07B) S-3 Oxford Resource Partners LP, 544 Chestnut Str, Coshocton, OH, 43812, 740-622-6302 - 0 ($318,564,934.00) Limited Partnership Interests, (File 333-178425 - Dec. 9) (BR. 09B) S-8 DEAN FOODS CO, 2711 N. HASKELL AVENUE, SUITE 3400, DALLAS, TX, 75204, 2143033400 - 0 ($23,938,200.00) Equity, (File 333-178426 - Dec. 9) (BR. 04A) S-1 MusclePharm Corp, 4721 IRONTON STREET, DENVER, CO, 80239, (800) 210-7369 - 126,400,000 ($1,426,000.00) Equity, (File 333-178427 - Dec. 9) (BR. 01B) S-3ASR LABORATORY CORP OF AMERICA HOLDINGS, 358 S MAIN ST, BURLINGTON, NC, 27215, 3362291127 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-178428 - Dec. 9) (BR. 09B)
Form 8-K is used by companies to file current reports on the following events:
8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT ACACIA RESEARCH CORP DE 8.01 12/06/11 ACADIA PHARMACEUTICALS INC DE 8.01 12/09/11 ACME PACKET INC DE 5.07 05/05/11 AMEND ADVENTRX PHARMACEUTICALS INC DE 5.02,5.03,9.01 12/08/11 AES CORP DE 5.02,9.01 12/09/11 Aircastle LTD D0 7.01,9.01 12/09/11 All State Properties Holdings, Inc. NV 8.01,9.01 12/06/11 ALLBRITTON COMMUNICATIONS CO DE 5.07 12/06/11 ALLIANCE RESOURCE PARTNERS LP DE 8.01 12/05/11 Alpha Natural Resources, Inc. DE 8.01 12/05/11 ALTERA CORP DE 7.01,9.01 12/08/11 AMEDISYS INC DE 2.05 12/09/11 AMERICAN PUBLIC EDUCATION INC DE 7.01 12/09/11 American Realty Capital Trust, Inc. DE 8.01,9.01 12/05/11 Amincor, Inc. NV 8.01,9.01 12/09/11 AMPAL-AMERICAN ISRAEL CORP NY 1.01 12/09/11 AMREP CORP. OK 2.02,9.01 12/09/11 Antero Resources Finance Corp DE 9.01 12/06/11 AMEND AOL Inc. DE 5.02 12/09/11 ARK RESTAURANTS CORP NY 8.01,9.01 12/07/11 ARTIFICIAL LIFE INC DE 5.02,9.01 12/05/11 Ascent Capital Group, Inc. DE 7.01,9.01 12/08/11 ASPEN TECHNOLOGY INC /DE/ DE 5.07 12/08/11 ASSURED GUARANTY LTD D0 8.01,9.01 12/09/11 ATMOS ENERGY CORP TX 8.01,9.01 12/09/11 ATWOOD OCEANICS INC TX 7.01 12/01/11 Avago Technologies LTD U0 7.01,9.01 12/09/11 Baoshinn Corp NV 4.01,9.01 12/09/11 BEHRINGER HARVARD REIT I INC MD 7.01,9.01 12/09/11 BIG CAT ENERGY CORP 5.02 12/09/11 BIO-PATH HOLDINGS INC UT 5.07 12/07/11 BIOSPECIFICS TECHNOLOGIES CORP DE 5.02,9.01 12/09/11 BLOCKBUSTER INC DE 7.01,9.01 10/31/11 BLUE COAT SYSTEMS INC DE 1.01,9.01 12/08/11 BofI Holding, Inc. DE 7.01 12/09/11 BofI Holding, Inc. DE 1.01 12/09/11 Bonds.com Group, Inc. DE 1.01,1.02,3.02,5.02, 12/05/11 5.03 BRAINY BRANDS COMPANY, INC. DE 4.01,9.01 11/28/11 AMEND BRIGHTPOINT INC IN 1.01,9.01 12/06/11 BROOKLINE BANCORP INC DE 8.01,9.01 12/09/11 CAPITOL BANCORP LTD MI 5.07,9.01 12/08/11 Carey Watermark Investors Inc 5.02 12/06/11 CARROLS RESTAURANT GROUP, INC. 7.01 12/09/11 China Fruits Corp NV 7.01 11/23/11 China Intelligence Information System NV 8.01,9.01 12/05/11 CHS INC MN 5.02,7.01 12/08/11 CIRCLE STAR ENERGY CORP. NV 7.01,9.01 12/08/11 CITIGROUP INC DE 9.01 12/09/11 CNH CAPITAL RECEIVABLES LLC DE 8.01,9.01 12/07/11 CNH CAPITAL RECEIVABLES LLC DE 8.01,9.01 12/09/11 Cole Credit Property Trust III, Inc. MD 1.01,2.03 12/06/11 COLONIAL COMMERCIAL CORP NY 9.01 10/14/11 AMEND COMDISCO HOLDING CO INC DE 2.02,9.01 12/09/11 CommonWealth REIT MD 8.01,9.01 12/06/11 COMVERSE TECHNOLOGY INC/NY/ NY 2.02,9.01 12/09/11 CONCEPTUS INC DE 1.02,5.02,7.01,9.01 12/06/11 Consorteum Holdings, Inc. NV 5.03,9.01 12/05/11 Coronus Solar Inc. A1 1.01,7.01,9.01 12/09/11 CORPORATE PROPERTY ASSOCIATES 15 INC MD 5.02 12/06/11 CORPORATE PROPERTY ASSOCIATES 16 GLOB MD 5.02 12/06/11 Corporate Property Associates 17 - Gl MD 5.02 12/06/11 COVANTA HOLDING CORP DE 5.03,9.01 12/08/11 CREDO PETROLEUM CORP DE 8.01,9.01 12/08/11 Crestwood Midstream Partners LP DE 2.01,9.01 04/01/11 AMEND Customers Bancorp, Inc. PA 5.03,9.01 12/07/11 CVR ENERGY INC DE 7.01,9.01 12/09/11 CVR ENERGY INC DE 7.01,8.01,9.01 12/09/11 CYCLONE POWER TECHNOLOGIES INC FL 7.01,9.01 12/09/11 CYS Investments, Inc. MD 8.01 12/08/11 Cytosorbents Corp 1.01,1.02,3.02,7.01, 12/07/11 9.01 DAEGIS INC. DE 2.02,9.01 12/09/11 DCT Industrial Trust Inc. MD 5.02 12/08/11 DEL MONTE CORP 2.02,7.01,9.01 12/09/11 DENDREON CORP DE 8.01,9.01 12/06/11 DJO Finance LLC DE 5.02,7.01,9.01 12/05/11 Dr Pepper Snapple Group, Inc. DE 7.01 12/06/11 DYNEGY INC. DE 1.01,9.01 12/09/11 EARTHSTONE ENERGY INC DE 3.01,9.01 12/09/11 EdgeWave, Inc. DE 1.01,1.02,2.03,3.02, 12/05/11 9.01 ELECTRO RENT CORP CA 8.01,9.01 12/09/11 ENZON PHARMACEUTICALS INC DE 8.01,9.01 12/08/11 EQUITY LIFESTYLE PROPERTIES INC MD 2.01,8.01,9.01 12/08/11 ERP OPERATING LTD PARTNERSHIP MD 8.01,9.01 12/07/11 EVOLUTION PETROLEUM CORP NV 5.02,5.07 12/05/11 EXCO RESOURCES INC TX 5.07 10/06/11 AMEND Expedia, Inc. 8.01,9.01 12/09/11 Extra Space Storage Inc. MD 5.02,9.01 12/05/11 Federal Home Loan Bank of Atlanta X1 5.02,5.07 12/05/11 FERRELLGAS PARTNERS L P DE 2.02,7.01,9.01 12/09/11 First Connecticut Bancorp, Inc. MD 8.01,9.01 12/09/11 FIRST NIAGARA FINANCIAL GROUP INC DE 8.01,9.01 12/08/11 FIRSTENERGY CORP OH 5.02 12/07/11 FISHER COMMUNICATIONS INC WA 5.02,9.01 12/06/11 Full Circle Capital Corp MD 5.07,9.01 12/08/11 G III APPAREL GROUP LTD /DE/ DE 5.03,9.01 12/08/11 GALLAGHER ARTHUR J & CO DE 8.01,9.01 12/09/11 GANNETT CO INC /DE/ DE 5.02,8.01,9.01 12/06/11 AMEND GLOBAL AXCESS CORP NV 5.02 12/05/11 GOLD RESOURCE CORP CO 5.07 06/21/11 AMEND GOLDMAN SACHS GROUP INC DE 9.01 12/09/11 GOOD TIMES RESTAURANTS INC NV 2.04 12/09/11 GRAMERCY CAPITAL CORP MD 5.07 12/06/11 GREEN EARTH TECHNOLOGIES, INC 5.07 12/06/11 GreenTek Corp. UT 5.02 12/08/11 Guardian 8 Holdings 1.01,5.02,8.01,9.01 12/01/11 GUIDED THERAPEUTICS INC DE 7.01,9.01 12/09/11 GYRODYNE CO OF AMERICA INC NY 7.01,9.01 12/09/11 HANCOCK FABRICS INC DE 2.02,9.01 12/09/11 HANSEN MEDICAL INC DE 1.01,1.02,2.03,3.02, 12/08/11 8.01,9.01 HARBINGER GROUP INC. DE 8.01 12/08/11 HARDINGE INC NY 5.02,9.01 12/07/11 HARLEYSVILLE GROUP INC DE 8.01,9.01 12/08/11 HARSCO CORP DE 2.05 12/05/11 HAWKER BEECHCRAFT ACQUISITION CO LLC DE 5.02,9.01 12/07/11 HEALTH ENHANCEMENT PRODUCTS INC NV 1.01,1.02,2.03,9.01 12/02/11 HEALTHCARE TRUST OF AMERICA, INC. MD 8.01 12/08/11 HEALTHSOUTH CORP DE 5.02,9.01 12/09/11 HealthSpring, Inc. DE 8.01,9.01 12/09/11 HENNESSY ADVISORS INC 2.02,9.01 12/09/11 HOSPIRA INC DE 5.02,9.01 12/07/11 HUNT GLOBAL RESOURCES, INC. CO 8.01 12/05/11 IASIS Healthcare LLC DE 7.01,9.01 12/07/11 IMAGING DIAGNOSTIC SYSTEMS INC /FL/ FL 1.01,5.02,9.01 12/08/11 INTERNATIONAL LEASE FINANCE CORP CA 8.01 12/09/11 Kennedy-Wilson Holdings, Inc. DE 8.01,9.01 12/05/11 KMG CHEMICALS INC TX 2.02,9.01 12/09/11 KULICKE & SOFFA INDUSTRIES INC PA 5.02,9.01 12/06/11 KULICKE & SOFFA INDUSTRIES INC PA 4.01,9.01 12/09/11 LATTICE SEMICONDUCTOR CORP DE 7.01,9.01 12/09/11 LATTICE SEMICONDUCTOR CORP DE 1.01,9.01 12/09/11 LVB Acquisition, Inc. 5.02 12/09/11 Macquarie Global Infrastructure Total 9.01 12/09/11 MAGNETEK, INC. DE 3.01,9.01 12/09/11 Magyar Bancorp, Inc. DE 2.02,9.01 12/09/11 MANITOWOC CO INC WI 7.01,9.01 12/08/11 Marriott Vacations Worldwide Corp DE 5.02,9.01 12/05/11 MAXWELL TECHNOLOGIES INC DE 1.01,2.03 12/05/11 MEADE INSTRUMENTS CORP DE 5.02,9.01 12/08/11 MET PRO CORP PA 2.02,9.01 12/09/11 MetLife Insurance CO of Connecticut CT 8.01 12/09/11 MIPS TECHNOLOGIES INC DE 5.07 12/07/11 MURPHY OIL CORP /DE DE 5.03,9.01 12/06/11 MusclePharm Corp NV 1.01,3.02,9.01 12/08/11 NASDAQ OMX GROUP, INC. DE 5.03,9.01 12/05/11 Nationstar Mortgage LLC DE 1.01 12/05/11 NeoStem, Inc. DE 5.02 12/08/11 NETLOGIC MICROSYSTEMS INC DE 5.02 12/05/11 NEWS CORP 8.01,9.01 12/09/11 NGP Capital Resources Co MD 1.01,2.03,9.01 12/06/11 NORTHWESTERN CORP DE 5.02,9.01 12/09/11 Novelis Inc. A6 1.01,2.03,8.01,9.01 12/07/11 NuStar Energy L.P. DE 1.01,9.01 12/06/11 NUTRI SYSTEM INC /DE/ DE 2.03 12/05/11 Oasis Petroleum Inc. DE 8.01 12/09/11 Ocean Power Technologies, Inc. NJ 2.02,9.01 12/09/11 OIL DRI CORP OF AMERICA DE 2.02,9.01 12/08/11 OMNICARE INC DE 7.01,9.01 12/09/11 OptimumBank Holdings, Inc. FL 1.01,9.01 12/09/11 ORBIT INTERNATIONAL CORP DE 5.02 12/06/11 OXYGEN BIOTHERAPEUTICS, INC. DE 1.01,8.01,9.01 12/08/11 OYO GEOSPACE CORP DE 1.01,2.02,5.02,9.01 12/08/11 Pacific Ethanol, Inc. DE 1.01,3.02,9.01 12/08/11 PACIFIC GOLD CORP NV 1.01,3.02 12/02/11 Pacira Pharmaceuticals, Inc. DE 5.02,9.01 12/08/11 PALL CORP NY 2.02,9.01 12/08/11 PENSON WORLDWIDE INC DE 1.01 12/06/11 PEOPLES EDUCATIONAL HOLDINGS MN 3.01 12/07/11 PHOTOTRON HOLDINGS, INC. DE 5.07 12/06/11 Pinnacle Foods Finance LLC DE 5.02 12/09/11 PLAINS EXPLORATION & PRODUCTION CO DE 1.01,2.03,9.01 12/08/11 Portlogic Systems Inc. NV 1.01,5.02,9.01 12/06/11 POSITIVEID Corp DE 1.01,3.02,5.02,9.01 12/06/11 PRESSTEK INC /DE/ DE 5.02 12/09/11 PRIVATE MEDIA GROUP INC NV 8.01,9.01 12/08/11 PROFESSIONAL VETERINARY PRODUCTS LTD NE 7.01,9.01 12/08/11 Prologis, Inc. MD 5.04,9.01 12/09/11 PROSPERITY BANCSHARES INC TX 8.01,9.01 12/09/11 PROTEONOMIX, INC. DE 8.01 12/09/11 PROVIDENCE SERVICE CORP DE 1.01,3.03,5.03,7.01, 12/08/11 9.01 PULTEGROUP INC/MI/ MI 5.02 12/05/11 Q Holdings, Inc. DE 1.01,2.01,3.02,4.01, 10/13/11 AMEND 5.01,5.02,5.03,5.06, 9.01 RACKSPACE HOSTING, INC. 1.01,5.02,9.01 12/07/11 Rackwise, Inc. NV 8.01 12/05/11 REPUBLIC BANCORP INC /KY/ KY 1.01,9.01 12/08/11 ROCHESTER MEDICAL CORPORATION MN 5.02,9.01 12/07/11 RVUE HOLDINGS, INC. NV 7.01,9.01 12/08/11 AMEND SANMINA-SCI CORP DE 5.02 12/05/11 SAUL CENTERS INC MD 2.01,9.01 09/23/11 AMEND SavWatt USA, Inc. DE 3.02 11/05/11 Shengtai Pharmaceutical, Inc. 8.01,9.01 12/09/11 SIGNATURE GROUP HOLDINGS, INC. NV 8.01 12/07/11 Silicon Graphics International Corp DE 1.01,2.03,9.01 12/05/11 Smart Ventures Inc. NV 1.02,9.01 12/09/11 SMITH & WESSON HOLDING CORP NV 7.01,9.01 12/09/11 SMITH & WESSON HOLDING CORP NV 2.02,7.01,9.01 12/08/11 Solar Energy Initiatives, Inc. DE 5.02 08/02/11 AMEND SOUTHERN UNION CO DE 7.01,9.01 12/09/11 SPAN AMERICA MEDICAL SYSTEMS INC SC 2.01,9.01 12/09/11 Spectrum Brands Holdings, Inc. DE 8.01 12/08/11 Spectrum Brands, Inc. DE 8.01 12/08/11 SPICY PICKLE FRANCHISING INC CO 2.03,9.01 12/05/11 STANLEY FURNITURE CO INC. DE 5.02,8.01,9.01 12/08/11 STAR GAS PARTNERS LP DE 7.01 12/09/11 STATMON TECHNOLOGIES CORP NV 5.02 11/18/11 Steel Excel Inc. DE 8.01,9.01 12/09/11 STEIN MART INC FL 2.02,9.01 12/08/11 Stereotaxis, Inc. DE 8.01 12/05/11 SuccessFactors, Inc. DE 1.01 12/05/11 SunCoke Energy, Inc. 5.02,9.01 12/06/11 Symetra Financial CORP DE 7.01,9.01 12/09/11 TEMPLE INLAND INC DE 5.07,8.01,9.01 12/07/11 TENGION INC DE 5.02,9.01 12/05/11 TherapeuticsMD, Inc. UT 9.01 10/04/11 AMEND TIDEWATER INC DE 8.01,9.01 12/06/11 TITAN INTERNATIONAL INC IL 8.01,9.01 12/09/11 Titan Machinery Inc. DE 2.02,9.01 12/09/11 TNP Strategic Retail Trust, Inc. MD 9.01 09/22/11 AMEND TOWER FINANCIAL CORP IN 4.01,9.01 12/06/11 TOWERSTREAM CORP DE 5.02,9.01 12/08/11 TOYS R US INC DE 2.02,9.01 12/09/11 TransDigm Group INC DE 7.01,9.01 12/09/11 Travelport LTD D0 5.02,9.01 12/09/11 TurkPower Corp DE 1.02 12/09/11 U S GOLD CORP CO 8.01,9.01 12/09/11 ULTRALIFE CORP DE 5.03,9.01 12/06/11 ULTRALIFE CORP DE 8.01 12/05/11 UNISYS CORP DE 5.02,9.01 12/08/11 Vanda Pharmaceuticals Inc. DE 5.02 12/06/11 Vanguard Energy Corp CO 8.01 12/08/11 VelaTel Global Communications, Inc. NV 1.01,9.01 12/06/11 VelaTel Global Communications, Inc. NV 1.01,3.02,9.01 12/02/11 VERVE VENTURES INC NV 5.03,5.07,8.01,9.01 11/25/11 VICTORY ENERGY CORP NV 1.01,1.02,2.01,9.01 12/06/11 ViewPoint Financial Group Inc. MD 1.01,5.02,7.01,8.01, 12/08/11 9.01 W P CAREY & CO LLC DE 5.02 12/06/11 Walter Energy, Inc. DE 8.01 12/07/11 WELLPOINT, INC IN 7.01 12/09/11 WELLS REAL ESTATE FUND IX LP GA 7.01,9.01 12/09/11 WELLS REAL ESTATE FUND XIV LP GA 7.01,9.01 12/09/11 WESTAR ENERGY INC /KS KS 1.01,2.03 12/09/11 WESTERN RESERVE BANCORP INC 2.02,9.01 12/07/11 Westinghouse Solar, Inc. DE 5.02,9.01 12/06/11 WESTWOOD ONE INC /DE/ DE 2.01,5.01,9.01 10/21/11 WILLIAMS CONTROLS INC DE 2.02,9.01 12/08/11 WINNER MEDICAL GROUP INC NV 7.01,9.01 12/09/11 XERIUM TECHNOLOGIES INC DE 5.02 12/09/11 ZBB ENERGY CORP WI 8.01,9.01 12/09/11