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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-66
April 5, 2012

Commission announcements

Commission Meetings

Closed Meeting on Thursday, April 12, 2012 at 2:00 p.m.

The subject matter of the Closed Meeting scheduled for Thursday, April 12, 2012 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings.

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

Commission Seeks Comment On Investor Testing Regarding Target Date Retirement Funds

The Commission announced it is seeking comment on the results of investor testing regarding target date retirement funds.  The Commission will consider the comments before acting on a proposal it issued in 2010 intended to enhance the information provided to individuals investing in such funds.    

The proposed rule would generally require target date retirement funds to more prominently disclose the fund’s asset allocation at the target date.  Under the proposal, the disclosure would have to be placed adjacent to the fund’s name the first time the name appears in marketing materials.  The proposal also would require marketing materials for target date retirement funds to include a table, chart, or graph depicting the fund’s asset allocation over time. 

 In the SEC-sponsored survey, investors were asked questions after reviewing documents containing information about a hypothetical target date retirement fund.  The documents included versions revised to reflect the changes proposed by the Commission.

 Target date retirement funds are designed to make investing for retirement more convenient by automatically changing the fund’s allocation among asset classes, such as stocks, bonds, and cash, over time.  Such funds typically become more conservative as the retirement date nears, and sometimes continue becoming more conservative for a number of years after retirement.

 The proposal is available on the Commission’s website. To ensure the public has a chance to comment, the Commission has reopened the comment period.  Comments on the proposal are due 45 days after publication in the Federal Register.  (Press Rel. 2012-53)

Enforcement Proceedings

Initial Decision as to Alberto Ferreiras

An Administrative Law Judge has issued an Initial Decision as to Alberto Ferreiras, Initial Decision No. 456, Peter Emrich, Admin. Proc. No. 3-14509, finding that the allegations in the Order Instituting Proceedings issued by the Securities and Exchange Commission on August 18, 2011, are true as to Alberto Ferreiras (Ferreiras). Ferreiras pled guilty to conspiracy and securities fraud charges in United States v. Kozak, 02-cr-879 (E.D. N.Y.) and United States v. Leonard, 02-cr-881 (E.D. N.Y.) and to one count of conspiracy to commit mail fraud and eight counts of mail fraud in United States v. Ferreiras, 07-cr-325 (E.D. N.Y.). As a result on July 21, 2009, U.S. District Court Judge Leonard D. Wexler sentenced Ferreiras to six months in prison in Kozak and Leonard and 125 months in Ferreiras, all sentences to run concurrently. Judge Wexler ordered Ferreiras to pay restitution of $142,423 in Kozak and Leonard, and $16,975,366 in Ferreiras, and to pay restitution of twenty-five percent of his gross income during three years of supervised release on each count, which will run concurrently, and a special assessment on each count of $100, for a total of $1,100, and if he is deported, he cannot return illegally.

The Initial Decision bars Ferreiras from association with a broker, dealer, investment adviser, municipal securities dealer, or transfer agent, and from participating in any offering of penny stock. (Initial Decision No. 456; File No. 3-14610)

In the Matter of Alvin C. Ramsey

The Commission announced the issuance of an Order Making Findings and Imposing Remedial Sanctions against Respondent Alvin C. Ramsey (Ramsey) pursuant to Section 15(b) of the Securities Exchange Act of 1934.

The Order finds that, on November 3, 2010, the United States District Court for the Southern District of Georgia entered a judgment against Ramsey after he pleaded guilty to one count of mail fraud. The Order further finds that the count to which Ramsey pleaded guilty alleged that, from June 2005 to January 2008, Ramsey knowingly and willfully devised and intended to devise a scheme and artifice to defraud and misappropriate more than $400,000 from a customer.

Based on the above, the Order bars Ramsey from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent or nationally recognized statistical rating organization; and further bars Ramsey from participating in any offering of a penny stock, including: acting as a promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock. (Rel. 34-67744; File No. 3-14434)

In the Matter of Scott A. Wolf

On April 5, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions against Scott A. Wolf, currently a resident of Dubai, United Arab Emirates, based on the entry of a permanent injunction against him in the civil action entitled U.S. Securities and Exchange Commission v. Kenneth A. Dachman, et al., Civil Action Number 1:12-cv-00821, in the United States District Court for the Northern District of Illinois, Eastern Division.

The Order finds that on February 10, 2012, a final judgment was entered by consent against Wolf permanently enjoining him from violating Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 15(a)(1) of the Securities Exchange Act of 1934 (Exchange Act). The Order further finds that the Commission’s complaint alleged that, between July 2008 and June 2010, Wolf and Stone Lion raised over $3.5 million from investors in Central Sleep and over $567,000 from investors in Central Sleep Florida and Advanced Sleep. Among other things, Wolf and Stone Lion prepared the initial drafts of offering materials based on information provided by Kenneth A. Dachman, the founder and chairman of all three companies, and distributed the offering materials and stock certificates to investors in exchange for a 6% commission. Wolf and Stone Lion were not registered as brokers at any time during the offerings. In addition, the complaint further alleged that no registration statement was filed with the Commission in connection with the Central Sleep securities offering and that Wolf and Stone Lion failed to provide Central Sleep investors with any disclosure documents similar to those used in registered offerings or inquire or obtain information from investors as to whether they qualified as accredited investors. Many of the investors, including friends of Wolf’s, were unsophisticated and did not qualify as accredited investors based on their net worth or income.

Based on the above, the Order bars Wolf from associating with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization with the right to apply for reentry after one year to the appropriate self-regulatory organization, or if there is none, to the Commission. Wolf consented to the issuance of the Order without admitting or denying any of the findings in the Order, except he admitted the entry of the permanent injunction against him. (Rel. 34-66745, File No. 3-14837)

Court Holds Defendant in Contempt in Commission Action Involving Rhode Island-Based Offering Fraud

On April 5, 2012, the Commission announced that United States District Judge John J. McConnell, Jr., of the United States District Court for the District of Rhode Island entered an Order of Civil Contempt finding defendant David Stern in contempt based on Stern’s violation of the Court’s previous injunctive orders against him. Stern is a defendant in an enforcement action filed by the Commission in October 2010 alleging that he and his company, Online Registries, Inc., d/b/a Online Medical Registries (“OMR”), defrauded investors by making various misrepresentations and dissipating investor funds.  The court initially entered a temporary restraining order and asset freeze in the case and later entered a preliminary injunction and continuing asset freeze that, among other things, prohibited Stern from transferring, assigning, or diminishing in value any assets of OMR or soliciting new investors.

On August 3, 2011, the Commission had filed an application for civil contempt against Stern, alleging that Stern had formed a new company, Instant Medical Access LLC d/b/a Instant Medical Access (“IMA”), that was virtually identical to OMR, and Stern then used OMR’s technology and other intellectual property for the benefit of his new venture.  In addition, according to the application Stern had solicited at least one additional investor in IMA and was also spending his own money impermissibly in support of IMA, in violation of the injunctive orders entered against him in this case.

On April 3, 2012, the Court entered an Order of Civil Contempt finding that Stern’s solicitation of investors in IMA, diminishing of the corporate assets of OMR, and unauthorized payments violated the terms of the March 7, 2011 Stipulated Preliminary Injunction, Order Freezing Assets, and Order for Other Equitable Relief. The Court’s Order of Civil Contempt bars Stern from making further payments except as permitted in the Stipulated Preliminary Injunction. Further, the Court ordered Stern to provide documentation detailing every payment he made in excess of $50; provide a complete accounting of the sources of all income, funding, or money he has received; produce a list of all investors, shareholders, owners, and partners in IMA to the Commission; shutdown any and all websites attributable to IMA; and transfer to OMR any and all trade names, trademarks, and domain names attributable to IMA. Stern is further barred from usage of any trade name, trademark, or domain name attributable to IMA. In addition, the Court barred Stern from forming any other business utilizing technology that is similar to the technology that OMR utilizes or that otherwise competes with OMR or provides overlapping services to OMR. Stern is further ordered to provide to the Commission all documents, including computer code and software, relating to IMA. The Order also provides that the Court may impose additional penalties upon Stern in the event of further violations of any Order of the Court.

The Commission previously filed a civil injunctive action against Stern and his company OMR on October 19, 2010, alleging in its complaint that Stern had violated the federal securities laws through fraudulent misrepresentations regarding OMR’s subscriber base, technology testing, partnerships with third-parties, and anticipated share value. The complaint further alleged that Stern depleted virtually all of the investor funds he had received, largely by writing checks payable to himself and one of his affiliates. The Commission obtained a temporary restraining order against David Stern and OMR on October 19, 2010, and the Court subsequently entered a Stipulated Preliminary Injunction, Order Freezing Assets, and Order for Other Equitable Relief against Stern on March 7, 2011.  On June 21, 2011, the Commission obtained an Order of Default Judgment as to Liability, Disgorgement, Prejudgment Interest, and Penalties against OMR.

[Securities and Exchange Commission v. Online-Registries, Inc. and David Stern, 10-CA-433-M-DLM (District of Rhode Island)] (LR-22317)

Self-Regulatory Organizations

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by The NASDAQ Stock Market LLC (SR-NASDAQ-2012-044) to modify the fees applicable to Non-Display Usage of certain NASDAQ Depth-of-Book market data has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the proposal is expected to made in the Federal Register during the week of April 2. (Rel. No. 34-66724)

A proposed rule change filed by the International Securities Exchange, LLC (SR-ISE-2012-29) relating to additions to the schedule of fees 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 April 2. (Rel. 34-66734)

A proposed rule change filed by The NASDAQ Stock Market LLC to re-organize NASDAQ’s rules governing the fees applicable to NASDAQ’s Depth-of-Book Market Data (SR-NASDAQ-2012-042) 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 April 9. (Rel. 34-66740)

A proposed rule change filed by The NASDAQ Stock Market LLC to modify NASDAQ’s transaction execution fee and credit schedule (SR-NASDAQ-2012-040) 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 April 9. (Rel. 34-66741)

Proposed Rule Changes

ICE Clear Credit LLC filed a proposed rule change (File No. SR-ICC-2012-06) under Section 19(b)(1) of the Securities Exchange Act of 1934 to Amend Schedule 502 of its Rules to Provide for Clearing of the Markit CDX North American High Yield Series 15 Credit Default Swap Contracts Maturing on December 20, 2013. Publication is expected in the Federal Register during the week of April 9. (Release No. 34-66732)

NASDAQ OMX BX, Inc. has filed a proposed rule change (SR-BX-2012-020) pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 regarding registration, qualification, and continuing education requirements for associated persons. Publication of the proposal is expected in the Federal Register during the week of April 9. (Release No. 34-66733)

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.

S-4     ExamWorks Group, Inc., 3280 PEACHTREE ROAD, SUITE 2625, ATLANTA, GA, 
        30305, 404-952-2400 - 250,000,000 ($250,000,000.00) Debt, 
        (File 333-180549 - Apr. 4) (BR. 09)

        CA, 94080, 6502666000 - 
        0 ($100,000,000.00) Unallocated (Universal) Shelf, (File 333-180550 - 
        Apr. 4) (BR. 10A)

S-1     USA Compression Partners, LP, 100 CONGRESS AVENUE, SUITE 450, AUSTIN, 
        TX, 78701, 512-473-2662 - 0 ($75,000,000.00) Equity, (File 333-180551 - 
        Apr. 4) (BR. 02)

        2,000,000 ($8,000,000.00) Equity, (File 333-180552 - Apr. 4) (BR. 11A)

        80129, 720-283-6120 - 0 ($69,096,705.34) Equity, (File 333-180553 - 
        Apr. 4) (BR. 08C)

S-8     ERF Wireless, Inc., 2911 SOUTH SHORE BLVD, SUITE 100, LEAGUE CITY, TX, 
        77573, 281-538-2101 - 250,000 ($532,500.00) Equity, (File 333-180555 - 
        Apr. 4) (BR. 11A)

        414-382-2000 - 0 ($544,034,000.00) Equity, (File 333-180557 - Apr. 4) 
        (BR. 10C)

        8089698057 - 0 ($20,250,000.00) ADRs/ADSs, (File 333-180558 - Apr. 4) 
        (BR. 05A)

S-3     Synthetic Biologics, Inc., 3985 RESEARCH PARK DRIVE,, SUITE 200, 
        ANN ARBOR, MI, 48108, (734) 332-7800 - 
        3,223,558 ($7,124,063.80) Equity, (File 333-180562 - Apr. 4) (BR. 01A)

        9156843000 - 0 ($50,000,000.00) Unallocated (Universal) Shelf, 
        (File 333-180563 - Apr. 4) (BR. 04B)

        26406-0989, 3044879000 - 2,157,133 ($26,312,871.00) Equity, 
        (File 333-180564 - Apr. 4) (BR. 07C)

        08816, 7324189300 - 0 ($100,000,000.00) Unallocated (Universal) Shelf, 
        (File 333-180565 - Apr. 4) (BR. 01A)

        79701, 4326205500 - 0 ($1,000,000,000.00) Other, (File 333-180566 - 
        Apr. 4) (BR. 04B)

        30005, 6789905740 - 0 ($4,374,197.10) Equity, (File 333-180567 - 
        Apr. 4) (BR. 01B)

        1000 COMMERCE DRIVE, 4TH FLOOR, PITTSBURGH, PA, 15275, 412-489-0006 - 
        0 ($19,834,420.00) Equity, (File 333-180568 - Apr. 4) (BR. 02A)

S-1     Francesca's Holdings CORP, 3480 WEST 12TH STREET, Houston, TX, 77008, 
        713-864-1358 - 0 ($334,408,500.00) Equity, (File 333-180569 - Apr. 4) 
        (BR. 09)

S-4     Remark Media, Inc., SIX CONCOURSE PARKWAY, SUITE 1500, ATLANTA, GA, 
        30328, (404) 974-2710 - 702,784 ($3,689,616.00) Equity, 
        (File 333-180570 - Apr. 4) (BR. 11A)

F-1     Aquasition Corp., 8-10 PAUL STREET, LONDON, X0, EC2A 4JH, 
        44-20-73770966 - 0 ($105,625,100.00) Equity, (File 333-180571 - Apr. 4) 
        (BR. )

Recent 8K Filings

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


Entry into a Material Definitive Agreement


Termination of a Material Definitive Agreement


Bankruptcy or Receivership


Completion of Acquisition or Disposition of Assets


Results of Operations and Financial Condition


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


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


Cost Associated with Exit or Disposal Activities


Material Impairments


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


Unregistered Sales of Equity Securities


Material Modifications to Rights of Security Holders


Changes in Registrant's Certifying Accountant


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


Changes in Control of Registrant


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


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


Temporary Suspension of Trading Under Registrant's Employee Benefit Plans


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


Change in Shell Company Status


ABS Informational and Computational Material.


Change of Servicer or Trustee.


Change in Credit Enhancement or Other External Support.


Failure to Make a Required Distribution.


Securities Act Updating Disclosure.


Regulation FD Disclosure


Other Events


Financial Statements and Exhibits

8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.

Abingdon Futures Fund LP                NY       3.02                 04/01/12

ACUITY BRANDS INC                       DE       2.02,8.01,9.01       03/30/12

ADCARE HEALTH SYSTEMS INC               OH       1.01,2.01,2.03,3.02, 03/29/12

AdvanSource Biomaterials Corp           DE       4.01,9.01            04/04/12

AGILYSYS INC                            OH       5.02,7.01,9.01       03/29/12

ALASKA COMMUNICATIONS SYSTEMS GROUP I   DE       5.02                 03/29/12

ALEXANDER & BALDWIN INC                 HI       8.01,9.01            04/03/12    AMEND

Alexza Pharmaceuticals Inc.             DE       5.02                 04/03/12

ALION SCIENCE & TECHNOLOGY CORP         DE       3.02                 03/31/12

Ally Master Owner Trust                          1.01,8.01,9.01       04/03/12

AMERICAN AIRLINES INC                   DE       8.01                 04/04/12

AMERICAN INTERNATIONAL VENTURES INC /   DE       5.01,7.01,9.01       03/26/12    AMEND

AMERICAN REALTY CAPITAL NEW YORK RECO   MD       2.03                 03/30/12

American Realty Capital Trust III, In   MD       2.03,5.02            03/29/12

AMERICAN REALTY INVESTORS INC           NV       2.02,9.01            04/02/12

AMERICAN SUPERCONDUCTOR CORP /DE/       DE       1.01,2.02,2.03,3.02, 04/04/12

AMERIGON INC                            MI       1.01,8.01,9.01       03/30/12

AMR CORP                                DE       8.01                 04/04/12

AMSURG CORP                             TN       7.01,9.01            03/31/12

ARES CAPITAL CORP                       MD       7.01,9.01            04/04/12

ARGAN INC                               DE       5.02                 04/02/12

ARROW ELECTRONICS INC                   NY       8.01,9.01            04/03/12

Ascend Acquisition Corp.                DE       1.01,9.01            02/29/12    AMEND

ASIAINFO-LINKAGE, INC                   DE       5.02                 03/30/12

ASPEN INSURANCE HOLDINGS LTD            D0       7.01,9.01            04/04/12

Atlantic Green Power Holding Co         DE       1.01,5.07,9.01       03/30/12

AVEO PHARMACEUTICALS INC                DE       1.01,2.03,5.02,9.01  03/29/12

AVISTA CORP                             WA       8.01                 04/02/12

Bacterin International Holdings, Inc.   DE       7.01,9.01            04/04/12

BALLANTYNE STRONG, INC.                 DE       5.02                 04/02/12

BAYHILL CAPITAL CORP                    DE       8.01,9.01            04/04/12

BED BATH & BEYOND INC                   NY       2.02,9.01            04/04/12

Bering Exploration, Inc.                NV       1.01,9.01            04/04/12

BFC FINANCIAL CORP                      FL       5.03,9.01            04/04/12

BHM Discretionary Futures Fund L.P.     DE       3.02                 04/01/12

Bill The Butcher, Inc.                  NV       2.04,9.01            02/15/12

BillMyParents, Inc.                     CO       1.01,3.02,9.01       03/31/12

BIOGERON, INC.                          NV       5.02                 03/28/12

BIOHEART, INC.                          FL       1.01                 03/30/12

BIOJECT MEDICAL TECHNOLOGIES INC        OR       4.01,9.01            03/30/12

BIOLASE TECHNOLOGY INC                  DE       7.01,9.01            04/04/12

BION ENVIRONMENTAL TECHNOLOGIES INC     CO       3.02,5.02,9.01       03/30/12

Biostar Pharmaceuticals, Inc.           MD       3.03,5.03,8.01,9.01  04/03/12

BLACKBAUD INC                                    8.01,9.01            04/04/12

BlackRock Inc.                          DE       1.01,2.03,9.01       03/30/12

BLUE DOLPHIN ENERGY CO                  DE       2.02,9.01            04/04/12

BOLT TECHNOLOGY CORP                    CT       5.07                 11/22/11    AMEND

Border Management, Inc.                 NV       3.02                 03/02/12

BOSTON PRIVATE FINANCIAL HOLDINGS INC   MA       7.01,9.01            04/04/12

BRANDYWINE REALTY TRUST                 MD       1.01,8.01,9.01       04/03/12

Bridgepoint Education Inc               DE       1.01,3.03            03/30/12

Business Development Corp of America    MD       8.01,9.01            04/04/12

CALLAWAY GOLF CO                        DE       1.01,7.01,8.01,9.01  03/30/12

CANADIAN DERIVATIVES CLEARING CORP      A6       9.01                 03/31/12

Cardium Therapeutics, Inc.              DE       8.01,9.01            03/30/12

CARMIKE CINEMAS INC                     DE       2.02,8.01,9.01       04/04/12

Carter Validus Mission Critical REIT,   MD       7.01,9.01            04/04/12

Carter Validus Mission Critical REIT,   MD       1.01,2.01,2.03,9.01  03/30/12

CARTERS INC                             DE       1.01                 04/04/12

CENTRAL VERMONT PUBLIC SERVICE CORP     VT       5.02,9.01            03/30/12

CENTURY ALUMINUM CO                     DE       5.02                 03/30/12    AMEND

CENTURYLINK, INC                        LA       8.01,9.01            04/03/12

CIRCLE STAR ENERGY CORP.                NV       7.01,9.01            04/03/12

CLAIBORNE LIZ INC                       DE       3.02                 03/30/12

CLEVELAND BIOLABS INC                   DE       8.01,9.01            04/03/12

CNB CORP /SC/                           SC       2.02,9.01            03/28/12

Colt Defense LLC                        DE       8.01,9.01            04/03/12

COMMUNITY FIRST INC                     TN       8.01                 04/04/12

COMPUTER TASK GROUP INC                 NY       7.01,9.01            04/04/12

COMSCORE, INC.                          DE       5.02                 03/29/12

Comstock Mining Inc.                    NV       5.02,9.01            04/02/12

COMTECH TELECOMMUNICATIONS CORP /DE/    DE       1.01,9.01            03/29/12

CONOCOPHILLIPS                          DE       5.02,8.01,9.01       04/04/12

CONVENIENTCAST INC.                     NV       4.01,7.01            12/27/11    AMEND

CORECARE SYSTEMS INC                    DE       8.01,9.01            03/26/12

CREDIT ACCEPTANCE CORP                  MI       1.01,2.03            03/29/12

CROSS BORDER RESOURCES, INC.            NV       5.02                 04/04/12

CROWN CASTLE INTERNATIONAL CORP         DE       7.01,9.01            04/04/12

DATARAM CORP                            NJ       2.01                 04/02/12

DDI CORP                                CA       1.01,8.01,9.01       04/03/12

DELTATHREE INC                          DE       1.01,9.01            04/03/12

DERMA SCIENCES, INC.                    PA       1.01,9.01            04/02/12

Digital Generation, Inc.                DE       5.02                 03/29/12

Discovery Communications, Inc.          DE       8.01,9.01            01/23/12

DNB FINANCIAL CORP /PA/                 PA       1.01,9.01            04/02/12

DOLE FOOD CO INC                        DE       5.02                 03/29/12

DUMA ENERGY CORP                        NV       5.03,8.01,9.01       04/04/12

DYNEGY INC.                             DE       7.01,9.01            04/04/12

E DIGITAL CORP                          DE       8.01,9.01            04/02/12

EDELMAN FINANCIAL GROUP INC.            TX       9.01                 05/26/11    AMEND

EdgeWave, Inc.                          DE       2.02,9.01            04/04/12

EdgeWave, Inc.                          DE       1.01,2.03,9.01       03/29/12

EL PASO ELECTRIC CO /TX/                TX       5.02                 04/02/12

eLayaway, Inc.                          DE       1.01,3.02            03/29/12

EMERGING CTA PORTFOLIO LP               NY       3.02                 04/01/12

Enertopia Corp.                         NV       7.01,9.01            04/04/12

Enlightened Gourmet, Inc.               NV       5.02                 02/27/12

EQUITY LIFESTYLE PROPERTIES INC         MD       5.02                 04/02/12

EV Energy Partners, LP                  DE       1.01,9.01            03/29/12

ExamWorks Group, Inc.                   DE       8.01,9.01            04/03/12

EXPEDITORS INTERNATIONAL OF WASHINGTO   WA       7.01                 04/04/12

Fifth Street Finance Corp               DE       8.01,9.01            04/04/12

FIRST INTERSTATE BANCSYSTEM INC         MT       5.02                 04/01/12

FLATBUSH FEDERAL BANCORP INC                     8.01                 04/04/12

FLEXIBLE SOLUTIONS INTERNATIONAL INC    NV       2.02,7.01,9.01       03/30/12

FORD MOTOR CO                           DE       8.01,9.01            04/04/12

FORD MOTOR CREDIT CO LLC                DE       8.01,9.01            04/04/12

FOREST LABORATORIES INC                 DE       1.01,1.02,9.01       04/02/12

FOSSIL INC                              DE       1.01,2.01,9.01       04/02/12

FRISCHS RESTAURANTS INC                 OH       2.02,9.01            04/03/12

FRISCHS RESTAURANTS INC                 OH       5.07                 04/03/12    AMEND

FULL HOUSE RESORTS INC                  DE       1.01,1.02,2.01,9.01  03/30/12

FUTURES PORTFOLIO FUND L.P.             MD       3.02                 04/01/12

G&K SERVICES INC                        MN       2.02,5.02,7.01,9.01  03/30/12

Galena Biopharma, Inc.                           1.01,8.01            04/03/12

Galena Biopharma, Inc.                           9.01                 04/04/12    AMEND

GE Capital Credit Card Master Note Tr   DE       8.01                 04/04/12

GelTech Solutions, Inc.                 DE       1.01,3.02            03/29/12

General Maritime Corp / MI                       8.01                 04/02/12

GERON CORP                              DE       5.02                 04/02/12

Global Investor Services, Inc.          UT       1.01,2.03,3.02,9.01  03/05/12

GLU MOBILE INC                          DE       1.01                 03/31/12

GRANT PARK FUTURES FUND LIMITED PARTN   IL       7.01,9.01            03/30/12

GREAT PLAINS ENERGY INC                 MO       7.01,8.01,9.01       04/04/12

GTX INC /DE/                            DE       8.01,9.01            04/04/12

HALCON RESOURCES CORP                   DE       4.01,8.01,9.01       04/03/12

HAMPSHIRE GROUP LTD                     DE       5.02                 03/30/12

HCA Holdings, Inc.                               5.02,9.01            03/30/12

HCC INSURANCE HOLDINGS INC/DE/          DE       1.01,5.02,9.01       04/04/12

HEALTH CARE REIT INC /DE/               DE       8.01,9.01            04/03/12

HEALTHCARE SERVICES GROUP INC           PA       5.02,8.01,9.01       04/04/12

Heckmann Corp                           DE       8.01,9.01            04/04/12

High Plains Gas, Inc.                   NV       1.01,3.02,9.01       03/09/12

HORNBECK OFFSHORE SERVICES INC /LA      DE       1.01,2.04,8.01,9.01  03/30/12

HOT TOPIC INC /CA/                      CA       8.01,9.01            04/02/12

IASIS Healthcare LLC                    DE       5.02                 03/31/12

IDENTIVE GROUP, INC.                    DE       5.02,8.01,9.01       03/29/12

IMPERIAL OIL LTD                                 8.01,9.01            03/21/12

INCOME OPPORTUNITY REALTY INVESTORS I   NV       2.02,9.01            04/02/12

Independence Bancshares, Inc.           SC       5.02                 03/29/12

Indigo International, Corp.             NV       4.01,9.01            03/30/12

INLAND REAL ESTATE CORP                 MD       1.01,2.03,9.01       03/29/12

Innophos Holdings, Inc.                          5.02                 03/30/12

INSIGNIA SYSTEMS INC/MN                 MN       5.02                 03/30/12

INTERFACE INC                           GA       2.05,2.06            04/04/12

INTERNATIONAL SPEEDWAY CORP             FL       5.02,7.01,8.01,9.01  04/04/12

IRONSTONE GROUP INC                     DE       1.01,2.01,2.03,3.02, 03/30/12

ITRON INC /WA/                          WA       8.01                 04/02/12

JAKKS PACIFIC INC                       DE       5.02,9.01            03/29/12

JPMORGAN CHASE & CO                     DE       8.01                 04/04/12

KEMET CORP                              DE       1.01,2.03,8.01,9.01  03/29/12

KENEXA CORP                                      5.02,9.01            03/29/12

KENT FINANCIAL SERVICES INC             NV       1.01,9.01            04/03/12

KILROY REALTY CORP                      MD       5.02,9.01            03/30/12

KIRKLAND'S, INC                                  5.02                 03/30/12

KMG CHEMICALS INC                       TX       4.01,9.01            04/04/12

KV PHARMACEUTICAL CO /DE/               DE       8.01,9.01            04/04/11

Lantheus Medical Imaging, Inc.          DE       2.02                 04/03/12

LifeCare Holdings, Inc.                 DE       2.02,7.01,9.01       03/30/12

LIGAND PHARMACEUTICALS INC              DE       1.01,9.01            03/29/12

LINCOLN EDUCATIONAL SERVICES CORP       NJ       5.02                 03/29/12

Linkwell CORP                           FL      1.01,2.01,3.02,5.02,  03/29/12

MAGICJACK VOCALTEC LTD                  L3       5.02                 04/04/12

MARTHA STEWART LIVING OMNIMEDIA INC     DE       5.02                 03/29/12

McEwen Mining Inc.                      CO       9.01                 01/24/12    AMEND

MDC PARTNERS INC                        A6       7.01,9.01            04/04/12

Medley Capital Corp                     DE       1.01,9.01            03/30/12

MERCANTILE BANK CORP                    MI       1.01,9.01            04/04/12

Meritage Futures Fund L.P.              DE       3.02                 04/01/12

MERU NETWORKS INC                       DE       2.02,9.01            04/04/12

MINDSPEED TECHNOLOGIES, INC             DE       2.05                 03/29/12


Mistras Group, Inc.                     DE       2.02,9.01            04/04/12

MONSANTO CO /NEW/                       DE       2.02,9.01            04/04/12

MOSAIC CO                                        2.02,9.01            03/29/12

MOTORCAR PARTS AMERICA INC              NY       1.01,1.02,2.03,7.01, 01/18/12    AMEND

MSC INDUSTRIAL DIRECT CO INC            NY       2.02,9.01            04/04/12

Mueller Water Products, Inc.            DE       2.01,5.02,8.01,9.01  04/02/12

NANOPHASE TECHNOLOGIES CORPORATION      IL       1.01,9.01            03/31/12

NATIONAL BANK OF INDIANAPOLIS CORP      IN       5.02                 04/02/12

NATIONAL HOLDINGS CORP                  DE       1.01,3.02,5.02,9.01  03/30/12

NATIONAL HOLDINGS CORP                  DE       1.01,5.02,9.01       04/04/12

NAUTILUS, INC.                          WA       5.02,9.01            04/02/12

NAVARRE CORP /MN/                       MN       1.01,9.01            03/30/12

NBC ACQUISITION CORP                    DE       7.01,9.01            04/02/12

NETWORK 1 SECURITY SOLUTIONS INC        DE       8.01,9.01            03/29/12

NETWORK 1 SECURITY SOLUTIONS INC        DE       8.01,9.01            03/30/12

New Concept Energy, Inc.                NV       2.02,9.01            03/30/12

NEWS CORP                                        8.01,9.01            04/04/12

Northwest Bancshares, Inc.              MD       8.01,9.01            04/04/12

NTELOS HOLDINGS CORP                             2.02,7.01,9.01       04/04/12

NUTRACEA                                CA       5.02,9.01            04/02/12

OMNICELL, Inc                           CA       5.02,8.01            03/30/12

Onteco Corp                             NV       5.03,9.01            04/03/12

ORASURE TECHNOLOGIES INC                DE       7.01,9.01            04/04/12

ORIGINOIL INC                           NV       5.02,8.01,9.01       03/29/12

ORION FUTURES FUND LP                   NY       3.02                 04/01/12

Orpheum Property Inc                    DE       5.02                 01/13/12

PACIFIC BIOSCIENCES OF CALIFORNIA INC            5.02                 04/02/12

PCS EDVENTURES COM INC                  ID       2.03,9.01            02/29/12

PennyMac Mortgage Investment Trust      MD       1.01,2.03,9.01       03/29/12

PG&E CORP                               CA       3.02                 04/04/12

Polaris Futures Fund L.P.               DE       3.02                 04/01/12

POLYMER GROUP INC                       DE       2.02,9.01            03/30/12

Portlogic Systems Inc.                  NV       5.03,9.01            03/30/12

PREMIER EXHIBITIONS, INC.               FL       8.01,9.01            04/04/12

PRICESMART INC                          DE       2.02,9.01            04/04/12

PROCERA NETWORKS INC                    NV       4.01,9.01            03/30/12    AMEND

QEP RESOURCES, INC.                     DE       5.02,9.01            03/30/12

QUANTUM FUEL SYSTEMS TECHNOLOGIES WOR   DE       1.01,2.03            03/29/12

RED ROBIN GOURMET BURGERS INC           DE       7.01,9.01            04/04/12

REGIONS FINANCIAL CORP                  DE       8.01,9.01            04/04/12

REINSURANCE GROUP OF AMERICA INC        MO       5.02                 04/02/12

Rock-Tenn CO                            GA       1.01,9.01            03/30/12

RUBY TUESDAY INC                        GA       2.02,9.01            02/28/12

SAGE FUND LP                            MD       3.02                 04/01/12

SAND HILLS, INC                         NV       1.01,2.01,3.02,      03/30/12

SANDRIDGE ENERGY INC                    DE       1.01,8.01,9.01       04/02/12

Santander Holdings USA, Inc.            PA       7.01,9.01            04/04/12

SCHOOL SPECIALTY INC                    WI       5.02,7.01,8.01,9.01  04/02/12

SCHULMAN A INC                          DE       2.02,9.01            04/04/12

SCIQUEST INC                            DE       8.01                 03/29/12    AMEND

SEFE, INC.                              NV       5.02,9.01            03/29/12

SELECT COMFORT CORP                     MN       7.01,9.01            04/04/12

Silver Falcon Mining, Inc.              DE       8.01                 04/04/12    AMEND

SINCLAIR BROADCAST GROUP INC            MD       2.01,7.01,9.01       04/01/12

SinoCubate, Inc                         NV       5.02                 03/29/12

SMART BALANCE, INC.                     DE       5.02                 03/30/12

SOURCE ROCK, INC.                       NV       5.02                 12/01/11

SOUTHWEST BANCORP INC                   OK       5.02                 03/29/12

SPORT CHALET INC                        DE       5.02                 03/30/12

Steel Excel Inc.                        DE       5.02,9.01            04/03/12

STERIS CORP                             OH       8.01                 03/30/12

STUDIO II BRANDS INC                    FL       2.01                 03/29/12

SYKES ENTERPRISES INC                   FL       1.01,2.01,2.05,9.01  03/29/12

SYNTROLEUM CORP                         DE       8.01                 04/04/12

TEAM INC                                TX       2.02,9.01            04/03/12

Teucrium Commodity Trust                         8.01                 04/04/12

TOMPKINS FINANCIAL CORP                 NY       5.02,8.01,9.01       04/03/12

TRANSCONTINENTAL REALTY INVESTORS INC   NV       2.02,9.01            04/02/12

UDR, Inc.                               MD       8.01,9.01            04/04/12

UNION FIRST MARKET BANKSHARES CORP      VA       5.02,8.01,9.01       04/01/12

UNITED COMMUNITY FINANCIAL CORP         OH       1.01,1.02,9.01       03/30/12

URANIUM RESOURCES INC /DE/              DE       8.01,9.01            04/02/12

US AIRWAYS GROUP INC                    DE       2.02,9.01            04/04/12

US AIRWAYS GROUP INC                    DE       2.02,9.01            04/04/12

Utilicraft Aerospace Industries, Inc.   NV       5.03,9.01            03/29/12

VALIDUS HOLDINGS LTD                             8.01,9.01            04/04/12

Vanguard Natural Resources, LLC         DE       1.01,2.01,2.03,9.01  04/04/12

Verso Paper Corp.                       DE       8.01,9.01            04/04/12

VHGI HOLDINGS, INC.                     DE       5.03,9.01            03/29/12

VIASYSTEMS GROUP INC                    DE       1.01,8.01,9.01       04/03/12

VirtualScopics, Inc.                    DE       1.01,3.02,3.03,5.02, 04/03/12

VIRTUSA CORP                                     2.03                 03/30/12

Vulcan Materials CO                     NJ       8.01,9.01            04/04/12

Walker & Dunlop, Inc.                   MD       5.02                 03/30/12

Weatherford International Ltd./Switze   V8       1.01,2.03,9.01       03/30/12

WELLS FARGO & CO/MN                     DE       9.01                 04/04/12

WEST MARINE INC                         DE       5.02,9.01            04/03/12

WESTELL TECHNOLOGIES INC                DE       5.02,9.01            04/01/12

WESTPORT JWH FUTURES FUND LP            NY       3.02                 04/01/12

WFRBS Commercial Mortgage Trust 2012-   NC       8.01,9.01            04/04/12

WHY USA FINANCIAL GROUP INC             NV       1.01,3.02,5.02       03/30/12

WIDEPOINT CORP                          DE       2.02,9.01            03/29/12

Willbros Group, Inc.\NEW\                        1.01,2.02,2.03,2.06, 3/29/12

WISCONSIN ENERGY CORP                   WI       2.02,7.01,9.01       04/04/12

WMI HOLDINGS CORP.                      WA       1.01,5.02,8.01,9.01  03/29/12

X-CHANGE CORP                           NV       1.01,8.01,9.01       04/04/12

XENOPORT INC                            DE       8.01                 04/04/12

YAHOO INC                               DE       2.05                 04/04/12

ZILLOW INC                              WA       7.01                 04/04/12

ZIPREALTY INC                                    4.01,9.01            03/29/12

Zumiez Inc                              WA       7.01,9.01            04/04/12



Modified: 04/05/2012