Commission Freezes Accounts of Six Chinese Citizens and One Offshore Entity Charged with Insider Trading
The announced that it has obtained a court-ordered freeze of the assets of six Chinese citizens and one British Virgin Islands entity charged with insider trading in Zhongpin Inc., a China-based pork processor whose shares trade in the U.S.
The SEC’s complaint, filed in U.S. District Court in Chicago on April 4, alleges the defendants reaped more than $9 million by trading in Zhongpin ahead of a March 27 announcement of a proposal to take the company private. The complaint names as defendants one entity, Prestige Trade Investments Ltd., and six individuals, Siming Yang, Caiyin Fan, Shui Chong (Eric) Chang, Biao Cang, Jia Wu, and Ming Ni. The SEC alleged that Yang formed Prestige in January and funded its U.S. brokerage account in March with $29 million transferred from a Hong Kong bank.
According to the SEC’s complaint, the seven defendants bought substantial quantities of common stock and call options in Zhongpin between March 14 and March 26. Zhongpin’s stock price jumped 21.8% on March 27 when the company publicly announced that its Chairman and CEO Xianfu Zhu had made a non-binding offer to acquire all of Zhongpin’s outstanding stock at $13.50 a share, a 46% premium over the previous day’s closing price.
“The defendants in this action – all with seemingly limited resources - suddenly and inexplicably purchased more than $20 million in Zhongpin securities just before an important public announcement,” said Merri Jo Gillette, Director of the SEC’s Chicago Regional Office. “The SEC’s swift action to secure a judicial freeze order prevented millions of dollars from moving offshore.”
The SEC alleges that the purchases of Zhongpin stock and options were inconsistent with the defendants’ financial situations and prior investment behavior. In particular:
The SEC alleges that the defendants violated federal anti-fraud laws, namely Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In addition to the emergency relief, the SEC is seeking permanent injunctions, disgorgement of ill-gotten gains with prejudgment interest, and financial penalties. The emergency court order that the SEC obtained on April 4 on an ex parte basis froze defendants’ assets held in U.S. brokerage accounts, grants expedited discovery and prohibits the defendants from destroying evidence.
Jedediah B. Forkner, Marlene B. Key and John E. Kustusch in the Chicago Regional Office conducted the SEC’s investigation, which is continuing. Timothy S. Leiman will lead the SEC’s litigation effort.
Commission Charges Texas Bank Holding Company’s CEO and CFO with Misleading Investors about Loan Quality and Financial Health during the Financial Crisis
The Commission announced that it charged Franklin Bank Corp.’s former chief executives for their involvement in a fraudulent scheme designed to conceal the deterioration of the bank’s loan portfolio and inflate its reported earnings during the financial crisis.
The SEC alleges that former Franklin CEO Anthony J. Nocella and CFO J. Russell McCann used aggressive loan modification programs during the third and fourth quarters of 2007 to hide the true amount of Franklin’s non-performing loans and artificially boost its net income and earnings. The Houston-based bank holding company declared bankruptcy in 2008.
“Nocella and McCann used the loan modification scheme like a magic wand to change non-performing loans into performing assets,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “Their disclosure and accounting tricks misled investors into believing that Franklin was outperforming other banks during the height of the financial crisis.”
David Woodcock, Director of the SEC’s Fort Worth Regional Office, added, “Franklin’s analysts and investors monitored the quality of the bank’s loan portfolio as a key indicator of its financial health. But Nocella and McCann intentionally concealed the fact that the quality of the bank’s loan portfolio was rapidly deteriorating.”
According to the SEC’s complaint filed in U.S. District Court for the Southern District of Texas late Thursday, as Franklin’s holdings of delinquent and non-performing loans rose significantly in the summer of 2007, Nocella and McCann instituted three loan modification schemes that caused Franklin to classify such loans as performing. By the end of September 2007, Nocella and McCann had used the loan modification programs to conceal more than $11 million in non-performing single family residential loans and $13.5 million in non-performing residential construction loans.
As a result of the loan modifications, Franklin overstated its third-quarter 2007 net income and earnings by 317% and 77% respectively, and reported that it earned $0.30 per share, of which $0.23 per share was directly attributable to the loan modifications. On May 2, 2008, in a Form 8-K report filed with the SEC, Franklin acknowledged that the accounting for the loan modifications should be revised and that investors should no longer rely upon Franklin’s Form 10-Q for the quarter ended September 30, 2007.
The SEC’s complaint seeks financial penalties, officer-and-director bars, and permanent injunctive relief against Nocella and McCann to enjoin them from future violations of the federal securities laws. The complaint also seeks repayment of bonuses received by Nocella and McCann under Section 304 of the Sarbanes Oxley Act of 2002, which allows for “clawbacks” of bonuses received by executives if the company later must restate its earnings.
Commission Charges South Florida Man in Investment Fraud Scheme
The Commission today charged that a South Florida investment manager defrauded investors by making false claims about his investment track record and providing bogus account statements that reflected fictitious profits.
In the complaint filed in the U.S. District Court for the Southern District of Florida, the SEC alleges that since 2005, George Elia and International Consultants & Investment Group Ltd. Corp., pulled in at least $11 million from investors by falsely claiming annual returns as high as 26%, and that Elia transferred more than $2.5 million of investor funds to two entities he controlled, Elia Realty, Inc., and 212 Entertainment Club, Inc.
Elia, age 67, and until recently a resident of Oakland Park, Florida, told investors that he had extensive experience in day trading stocks and exchange-traded funds, but his trading resulted in losses or only marginal gains, and the quarterly account statements he sent to clients overstated their returns, the SEC alleged.
According to the SEC’s complaint, Elia typically met and pitched prospective investors over meals at expensive restaurants in and around Fort Lauderdale. The SEC said his clients typically came to him through word-of-mouth referrals among friends and relatives. A significant number of the victims of his scheme were members of the gay community in Wilton Manors, Florida.
"Elia's blatant fraud and cruel deceptions have wrecked the lives of investors and their families," said Eric I. Bustillo, Regional Director of the SEC's Miami Regional Office. "This is a sad lesson that investors must always be skeptical of claims of high and steady investment returns, even when the manager is recommended by trusted friends or members of one’s own community."
In a parallel criminal case, the U.S. Attorney for the Southern District of Florida announced that Elia was indicted on April 5 on one count of wire fraud.
The SEC alleges that Elia and ICIG operated through an informal “Investor Funding Club” and through funds including Vision Equities Fund II, LLC and Vision Equities Fund IV, LLC. It alleges that Elia sent one investor a statement for the first three quarters of 2009, showing returns of 3.48%, 3.48%, and 3.52% respectively. The SEC alleges the statement was false and misleading because the returns exceeded Elia’s trading gains for the period. In at least one instance, the SEC alleges Elia reassured an investor by showing him falsified statements that grossly overstated account balances.
The SEC’s complaint charges that Elia and ICIG violated antifraud provisions of U.S. securities laws and that Elia aided and abetted violations by the firms. The SEC is seeking permanent injunctions against Elia and ICIG, disgorgement of ill-gotten gains plus pre-judgment interest, and civil penalties. The complaint also named Elia Realty, Inc. and 212 Club Entertainment, Inc. as relief defendants.
Commission Bars Peter Emrich, Frank Rossi, And Dana Valensky from Association with any Broker, Dealer, Investment Adviser, Municipal Securities Dealer, or Transfer Agent and From Participating in any Offering of a Penny Stock
On April 5, 2012, the Commission issued orders barring Peter Emrich (Emrich), Frank Rossi (Rossi), and Dana Valensky (Valensky) (jointly Respondents) from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent and from participating in any offering of a penny stock based on their criminal convictions for offenses arising from their sale of securities in unregistered offerings.
Without admitting or denying the findings in the Orders Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934, except as to jurisdiction and convictions, which the Respondents each admitted, the Respondents each consented to the entry of separate orders making findings and imposing remedial sanctions.
Emrich consented to an order making the following findings:
From approximately April 1999 through May 2001, Emrich, a resident of San Rafael, California, acted as an unregistered broker-dealer by selling the securities of Out of the Black Partners LLC in unregistered private offerings (the Out of the Black Offering). Emrich held Series 7, 24, 39, and 63 licenses. On June 18, 2003, Emrich pleaded guilty to one count of conspiracy to commit securities fraud in violation of 18 U.S.C. § 371 before the United States District Court for the Eastern District of New York in United States v. Kozak, et al., 02-CR-879 (the “Kozak Case”), a criminal case arising from the Out of the Black Offering. On May 10, 2010, a criminal judgment was entered against Emrich. He was sentenced to two years probation and ordered to pay restitution of $178,775. The count of the indictment in the Kozak Case to which Emrich pleaded guilty, alleged, among other things, that between approximately April 1999 and May 2001, Emrich, and others conspired to defraud investors by concealing the actual amount of sales commissions that would be paid from the proceeds of the Out of the Black Offering.
Rossi consented to an order making the following findings:
From approximately December 1997 through December 1998, Rossi, a resident of Buffalo, New York, acted as an unregistered broker-dealer by selling the securities of Little Giant LLC in an unregistered private offering (the Little Giant Offering). From approximately October 1998 through June 2000, Rossi acted as an unregistered broker-dealer by selling the securities of Heritage Film Group LLC in an unregistered private offering (the Heritage Offering). Rossi held Series 6 and Series 63 licenses. On April 24, 2003, Rossi pleaded guilty before the United States District Court for the Eastern District of New York to two counts of conspiracy to commit securities fraud in violation of 18 U.S.C. § 371 in United States v. Leonard, et al. 02-CR-881 (the “Leonard Case”), a criminal case arising from the Little Giant Offering and the Heritage Offering. On March 21, 2011, a criminal judgment was entered against Rossi. He was sentenced to two years probation. The counts of the indictment to which Rossi pleaded guilty in the Leonard Case alleged, among other things, that Rossi and others conspired to defraud investors by concealing the actual amount of sales commissions that would be paid from the proceeds of the Little Giant and Heritage Offerings.
Valensky consented to an order making the following findings:
Valensky, a resident of Laguna Niguel, California, controlled Vanguard Entertainment Productions, Inc., a California corporation that operated as an independent sales office that offered and sold securities in the Heritage Offering. Valensky acted as an unregistered broker-dealer in the Heritage Offering. Valensky held Series 22 and 63 licenses but was not associated with an entity registered with the Commission during the Heritage Offering. Valensky pleaded guilty before the United States District Court for the Eastern District of New York to one count of conspiracy to commit securities fraud in the Leonard Case and two counts of conspiracy to commit securities fraud in U.S. v. Noorai, et al., 02-CR-880 (the Noorai Case), a criminal case arising from a private offering of securities. On November 10, 2010, a criminal judgment was entered against Valensky in the Noorai and Leonard Cases. Valensky was sentenced to concurrent terms of three years probation in the Noorai and Leonard Cases.
Royal West Properties, Inc. Founding Principal Sentenced In $135 Million Investor Fraud
On April 4, 2012, U.S. District Judge Kathleen Williams of the Southern District of Florida sentenced Gaston E. Cantens to five years’ imprisonment followed by three years of supervised release for conspiring to commit mail and wire fraud in violation of 18 U.S.C. §371 involving a $135 million securities offering fraud and Ponzi scheme targeting Cuban-American investors primarily from South Florida. Cantens, who is now 73, served as president of Royal West Properties, Inc. (Royal West), a Miami-based real estate developer that purchased and resold thousands of parcels of real estate on the west coast of Florida. Cantens funded Royal West by offering investors no-risk promissory notes that promised investors annual returns of 9% to 16% purportedly backed by recorded mortgage assignments. On January 25, 2012, Cantens pled guilty to a criminal Information filed by the United States Attorney for the Southern District of Florida. According to the Information, beginning in 2008, Cantens made numerous material misrepresentations to investors about the financial health of Royal West when Cantens knew that Royal West, among other things, paid existing investors with new investors’ funds, assigned the same collateral to multiple investors, assigned investors to non-performing or non-existing mortgages, and failed properly to record mortgages and other interests in the public records, causing investors to have unsecured legal interests in the mortgages and parcels.
On March 3, 2010 the SEC filed an injunctive action that named Cantens and his wife, Teresita Cantens, as defendants. The SEC’s complaint alleged that Cantens and his wife violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. On March 24, 2011, both Cantens and Teresita Cantens each consented to entry of a Final Judgment of Permanent Injunction and Other Relief in the SEC action. In addition to being enjoined from further violations of the federal securities laws, Cantens and his wife were ordered to pay full injunctive relief and disgorgement of $5,276,750, along with prejudgment interest of $88,297.62. The Order forgoes seeking payment of civil penalties under Section 20(d) of the Securities Act and Section 21(d) of the Exchange Act based on the Cantens’s asserted inability to pay as evidenced by their sworn financial statements and supporting documents submitted to the Commission staff.
[Securities and Exchange Commission v. Gaston E. Cantens and Teresita Cantens, Case No.: 10-CV-20635-PAS (S.D. Fla.)][United States v. Gaston E. Cantens, Case No. 12-20005-Cr-Williams (S.D.Fla.)] (LR-22318). See also (LR-21430) and ( LR-21904).
In the Matter of Delilah A. Proctor
The Commission announced the issuance of an Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Order), against Delilah A. Proctor. The Order finds that on January 12, 2011 a judgment was entered against Proctor, permanently enjoining her from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Sun Empire, LLC, et al., Civil Action Number, SACV09-399 DOC (RNBx), in the United States District Court for the Central District of California.
The Order further finds that the Commission’s complaint alleged that Proctor participated in unregistered offers and sales of securities in Sun Empire, LLC (Sun Empire) and Empire Capital Asset Management (ECAM). In addition, the Order finds that the complaint alleged that Proctor solicited investors from California and Nevada through a multi-level marketing scheme operated from an Anaheim, California hotel. Additionally, the Order finds that the complaint alleged that Proctor made false and misleading statements in the unregistered offer and sale of Sun Empire and ECAM securities, and otherwise engaged in a variety of conduct which operated as a fraud and deceit on investors.
Based on the above, the Order bars Proctor from association with any broker, dealer, transfer agent, investment adviser, municipal securities dealer, municipal advisor, penny stock offering, or nationally recognized statistical ratings organization.
Proctor consented to the issuance of the Order without admitting or denying any of the findings in the Order except as to the Commission’s jurisdiction over her, the subject matter of these proceedings, and the entry of the judgment in the civil injunctive action, which she admitted. (Rel. No. 34-66736; File No. 3-14209)
In the Matter of John M. Williams
The Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission’s Rules of Practice, Making Findings and Imposing Remedial Sanctions (Order) against John M. Williams (Williams).
The Order finds that Williams, age 38, worked for Deloitte Tax LLP (Deloitte) in Philadelphia, Pennsylvania as a tax manager until January 2010. Williams has passed the CPA exam but does not hold a CPA license. The Order finds that on March 2, 2012, the Commission filed a complaint against Williams in SEC v. John M. Williams (Civil Action No. 12-1126 E.D. Pa.). On March 26, 2012, the court entered an order permanently enjoining Williams, by consent, from future violations of Sections 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Williams was also ordered to pay $6,803.18 in disgorgement of ill-gotten gains from his sales of stock, and $620.05 in prejudgment interest; and a $6,803.18 civil penalty. The Commission’s complaint alleged, among other things, that Williams acquired nonpublic information concerning the acquisition of Hi-Shear Technology Corp. by Chemring Group PLC (Chemring) while providing tax services to Deloitte’s client Chemring. The Complaint also alleged that in violation of Deloitte’s policies and his employment agreement, Williams traded in the shares of Hi-Shear shortly before the September 16, 2009 announcement that Chemring would acquire Hi-Shear. The Complaint further alleged that although Deloitte required Williams to self-report his securities transactions, Williams did not report these trades, and was terminated for cause in January 2010.
Based on the above, the Order suspends Williams from appearing or practicing before the Commission as an accountant with the right to reapply for reinstatement in five years. Williams consented to the issuance of the Order without admitting or denying any of the findings except that he admitted to the entry of the injunction. (Rel. No. 34-66737; AAER Rel. No. 3377; File No. 3-14835)
Immediate Effectiveness of Proposed Rule Changes
A proposed rule change filed by the Options Clearing Corporation (OCC) rescinding a policy interpretation affecting certain adjustments (SR-OCC-2012-05) 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. No. 34-66742)
A proposed rule change, (SR-CBOE-2012-034), filed by Chicago Board Options Exchange, Incorporated to Correct Hyperlink in Rule 5.5A 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. 34-66743)
A proposed rule change filed by the International Securities Exchange, LLC (SR-ISE-2012-28) to increase the route-out fee for Priority Customer orders and modify the rebate for Primary Market Makers that send Intermarket Sweep 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 April 9. (Rel. 34-66746)
A proposed rule change filed by the NASDAQ Stock Market LLC (SR-NASDAQ-2012-047) to modify the Investor Support Program and the Extended Hours Investor Program under Rule 7014 and to amend the liquidity provider rebate schedule under Rule 7018 has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the notice is expected to be made in the Federal Register during the week of April 9. (Release No. 34-66747).
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.
F-10 Ballard Power Systems Inc., 9000 GLENLYON PARKWAY, BURNABY, A1, V5J 5J8, 206-903-8850 - 0 ($75,000,000.00) Equity, (File 333-180579 - Apr. 5) (BR. 10A) F-3 RRSat Global Communications Network Ltd., HANEGEV STREET, AIRPORT CITY, L3, 70100, 972-3-9280808 - 12,355,040 ($52,385,369.60) Equity, (File 333-180580 - Apr. 5) (BR. 11C) S-8 ExactTarget, Inc., 20 NORTH MERIDIAN STREET, INDIANAPOLIS, IN, 46204, 317-423-3928 - 0 ($253,614,978.39) Equity, (File 333-180581 - Apr. 5) (BR. 03B) S-8 MINDSPEED TECHNOLOGIES, INC, 4000 MACARTHUR BOULEVARD, EAST TOWER, NEWPORT BEACH, CA, 92660, 9495793000 - 800,000 ($4,960,000.00) Equity, (File 333-180589 - Apr. 5) (BR. 10B) S-8 MINDSPEED TECHNOLOGIES, INC, 4000 MACARTHUR BOULEVARD, EAST TOWER, NEWPORT BEACH, CA, 92660, 9495793000 - 500,000 ($3,100,000.00) Equity, (File 333-180593 - Apr. 5) (BR. 10B) S-3 CALAVO GROWERS INC, 2530 RED HILL AVE., SANTA ANA, CA, 92705, 9098334200 - 0 ($200,000,000.00) Equity, (File 333-180597 - Apr. 5) (BR. 05A) S-3 GEOGLOBAL RESOURCES INC., SUITE 200, 625 - 4TH AVENUE S.W., CALGARY, A0, T2P 0K2, 403-777-9250 - 91,278,388 ($18,698,377.78) Equity, (File 333-180600 - Apr. 5) (BR. 04A) S-3 MAGICJACK VOCALTEC LTD, 12 BENNY GAON STREET, BUILDING 2B, POLEG INDUSTRIAL AREA, NETANYA, L3, 42504, 561-771-2255 - 205,000,000 ($301,600,000.00) Equity, (File 333-180601 - Apr. 5) (BR. 11C) S-3ASR GENESEE & WYOMING INC, 66 FIELD POINT ROAD, GREENWICH, CT, 06830, 2036293722 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-180602 - Apr. 5) (BR. 05A) S-3ASR MAGNUM HUNTER RESOURCES CORP, 777 POST OAK BLVD #910, HOUSTON, TX, 77056, 832-369-6986 - 0 ($1,859,821.64) Equity, (File 333-180603 - Apr. 5) (BR. 04A) S-3 FNB United Corp., 150 SOUTH FAYETTEVILLE STREET, P O BOX 1328, ASHEBORO, NC, 27203, 3366268300 - 0 ($60,000,000.00) Equity, (File 333-180604 - Apr. 5) (BR. 07B) S-3 Gordmans Stores, Inc., 12100 WEST CENTER ROAD, OMAHA, NE, 68144, 402-691-4000 - 0 ($301,329,502.00) Equity, (File 333-180605 - Apr. 5) (BR. 09)
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.
ACCELRYS, INC. DE 5.02 04/02/12 ACRO INC. NV 5.02,9.01 04/01/12 Adamis Pharmaceuticals Corp DE 1.01,2.03,3.02,9.01 04/02/12 Addus HomeCare Corp DE 1.01,5.02,9.01 04/01/12 AEOLUS PHARMACEUTICALS, INC. DE 1.01,3.02,9.01 03/30/12 Affinion Group Holdings, Inc. DE 5.02 03/30/12 Affinity Gaming, LLC NV 4.01,9.01 03/29/12 Aircastle LTD D0 1.01,2.03,3.03,9.01 04/04/12 AIS FUTURES FUND IV LP DE 3.02 03/31/12 ALANCO TECHNOLOGIES INC AZ 1.01 04/05/12 ALASKA AIR GROUP INC DE 7.01,8.01,9.01 04/04/12 ALBANY MOLECULAR RESEARCH INC DE 5.02,9.01 04/02/12 ALLIANCE ONE INTERNATIONAL, INC. VA 1.01 03/30/12 Allied World Assurance Co Holdings, A 5.03,9.01 03/30/12 ALTAIR NANOTECHNOLOGIES INC Z4 5.02 04/01/12 Altegris QIM Futures Fund, L.P. DE 3.02 04/01/12 Altegris Winton Futures Fund, L.P. CO 3.02 04/01/12 Alveron Energy Corp. DE 5.02 03/30/12 AMERICAN APPAREL, INC DE 2.02,9.01 04/04/12 American Assets Trust, Inc. MD 7.01 04/05/12 American Electric Technologies Inc FL 1.01,9.01 03/28/12 American Energy Development Corp. NV 3.02,7.01,9.01 03/30/12 AMERICAN LASER HEALTHCARE Corp DE 3.02,5.01,5.02 03/27/12 American Standard Energy Corp. DE 3.02,5.02,8.01,9.01 03/30/12 ANGIODYNAMICS INC DE 2.02,9.01 04/04/12 APOLLO INVESTMENT CORP MD 8.01,9.01 04/04/12 ARCADIA RESOURCES, INC NV 8.01 04/01/12 As Seen On TV, Inc. FL 5.02,9.01 03/31/12 ATLANTIC POWER CORP A1 7.01,8.01,9.01 03/30/12 Atlantic Resources Inc. NV 8.01 03/29/12 Attitude Drinks Inc. DE 1.01,3.02,9.01 03/31/12 Avago Technologies LTD U0 5.07,8.01,9.01 04/05/12 Babcock & Wilcox Co DE 5.02,9.01 03/31/12 BANCFIRST CORP /OK/ OK 7.01 04/05/12 BARRY R G CORP /OH/ OH 5.02 03/30/12 BASSETT FURNITURE INDUSTRIES INC VA 2.02,9.01 04/05/12 BATS Global Markets, Inc. DE 3.01,9.01 04/05/12 BAYHILL CAPITAL CORP DE 1.01,2.01,3.03,5.01, 04/05/12 5.02,5.06,9.01 Bazaarvoice Inc DE 5.02,8.01,9.01 04/04/12 BEACON ROOFING SUPPLY INC DE 1.01,9.01 04/05/12 Behringer Harvard Opportunity REIT I, MD 7.01,9.01 04/05/12 BELDEN INC. DE 1.01,1.02,5.02,9.01 03/31/12 BIG LOTS INC OH 5.02 03/30/12 BIOANALYTICAL SYSTEMS INC IN 5.02,9.01 03/30/12 BIODELIVERY SCIENCES INTERNATIONAL IN DE 8.01,9.01 04/05/12 BioMed Realty Trust Inc MD 1.01,2.03,7.01,9.01 03/30/12 BIOSPECIFICS TECHNOLOGIES CORP DE 1.01,9.01 04/05/12 BISON INSTRUMENTS INC MN 4.01,9.01 03/20/12 AMEND BLUEGREEN CORP MA 2.03,9.01 03/30/12 BLUEGREEN CORP MA 2.03 03/30/12 AMEND BRIDGE BANCORP INC NY 8.01,9.01 04/05/12 BROADVIEW INSTITUTE INC MN 1.01,2.03,3.02,9.01 03/30/12 Burger King Holdings Inc DE 7.01 04/04/12 CAPITALSOURCE INC DE 5.02,9.01 04/04/12 CARMAX INC VA 2.02,9.01 04/05/12 CENTER BANCORP INC NJ 5.02,9.01 03/30/12 CHASE PACKAGING CORP NJ 1.01,3.03,9.01 03/30/12 CHAUS BERNARD INC NY 1.01,8.01,9.01 04/03/12 CHESAPEAKE ENERGY CORP OK 7.01,9.01 03/31/12 China Teletech Holding Inc FL 1.01,2.01,3.02,5.03, 03/30/12 8.01,9.01 Chino Commercial Bancorp CA 8.01,9.01 04/04/12 CHRISTOPHER & BANKS CORP DE 1.01,9.01 04/03/12 CIMAREX ENERGY CO DE 1.01,8.01,9.01 04/05/12 CIMAREX ENERGY CO DE 1.01,2.04,3.03, 04/05/12 7.01,9.01 Clean Coal Technologies Inc. NV 7.01,9.01 04/04/12 CLEAN TRANSPORTATION GROUP, INC. 1.01,2.01,5.01, 03/30/12 AMEND 5.02,5.03,5.06,9.01 CMS ENERGY CORP MI 7.01,9.01 04/05/12 CNO Financial Group, Inc. DE 7.01 04/04/12 COLONIAL PROPERTIES TRUST AL 1.01,1.02,2.03,9.01 03/30/12 COMPUTER SCIENCES CORP NV 7.01,9.01 04/04/12 Computer Software Innovations, Inc. DE 8.01,9.01 04/05/12 CONOCOPHILLIPS DE 2.02,9.01 04/05/12 CONSTELLATION BRANDS, INC. DE 2.02,7.01,9.01 04/05/12 CONSTELLATION BRANDS, INC. DE 5.02,9.01 04/03/12 CONSUMER PORTFOLIO SERVICES INC CA 1.01 03/30/12 CONTANGO OIL & GAS CO DE 1.01,3.02,9.01 03/31/12 COVENANT BANCSHARES, INC. IL 4.01 01/12/12 COWEN GROUP, INC. DE 8.01 04/05/12 Crescent Financial Bancshares, Inc. 5.02,9.01 04/05/12 Cyalume Technologies Holdings, Inc. DE 1.01,3.02,5.02, 03/30/12 8.01,9.01 DATAWATCH CORP DE 1.01,2.01,9.01 03/30/12 DCP Midstream Partners, LP DE 1.01,2.01,3.02, 03/30/12 7.01,9.01 DEER VALLEY CORP 2.02,9.01 03/30/12 DEFENSE INDUSTRIES INTERNATIONAL INC 1.01,2.01,2.03, 04/02/12 3.02,9.01 DEFENSE INDUSTRIES INTERNATIONAL INC 4.01,9.01 04/04/12 AMEND DELTA NATURAL GAS CO INC KY 8.01 04/05/12 DEPOMED INC CA 1.01 04/04/12 Destination Maternity Corp DE 2.02,9.01 04/05/12 DICKS SPORTING GOODS INC DE 7.01,9.01 04/04/12 Digital Domain Media Group, Inc. FL 1.01,3.02 03/30/12 Digital Realty Trust, Inc. 8.01,9.01 04/05/12 DigitalTown, Inc. MN 4.01,9.01 03/22/12 AMEND DineEquity, Inc DE 5.02,9.01 04/04/12 Divine Skin Inc. FL 1.01,9.01 03/30/12 Douglas Emmett Inc MD 8.01 04/04/12 Dresser-Rand Group Inc. DE 8.01 04/02/12 DRIVETIME AUTOMOTIVE GROUP INC DE 1.01,9.01 03/30/12 DSP GROUP INC /DE/ DE 1.01,5.03,9.01 04/03/12 DSW Inc. OH 8.01 04/05/12 ECB BANCORP INC NC 2.02,9.01 04/02/12 ECHELON CORP DE 5.02 04/04/12 EGAIN COMMUNICATIONS CORP DE 1.01,9.01 03/31/12 ELECTRO SCIENTIFIC INDUSTRIES INC OR 2.05 03/30/12 Ellington Financial LLC DE 7.01,9.01 04/05/12 ENBRIDGE ENERGY MANAGEMENT L L C DE 5.02 04/04/12 ENBRIDGE ENERGY PARTNERS LP DE 5.02 04/04/12 EnerJex Resources, Inc. NV 1.01,9.01 03/30/12 Entertainment Gaming Asia Inc. NV 1.01,9.01 04/02/12 ENTEST BIOMEDICAL, INC. NV 3.02,9.01 04/03/12 ENVESTNET, INC. DE 2.01,8.01,9.01 04/05/12 EPOCH HOLDING CORP DE 8.01 04/05/12 EXELON CORP PA 8.01,9.01 04/05/12 Expedia, Inc. 8.01 04/03/12 EXTERRAN PARTNERS, L.P. DE 5.02,9.01 04/05/12 FARMACIA Corp NV 8.01 04/04/12 FASTENAL CO MN 7.01,9.01 04/05/12 Federal Home Loan Bank of Atlanta X1 2.03 04/03/12 Federal Home Loan Bank of Boston X1 2.03 04/03/12 Federal Home Loan Bank of Chicago X1 2.03 04/02/12 Federal Home Loan Bank of Cincinnati X1 2.03,9.01 04/02/12 Federal Home Loan Bank of Des Moines X1 2.03,9.01 04/03/12 Federal Home Loan Bank of Indianapoli X1 2.03,9.01 04/05/12 Federal Home Loan Bank of New York X1 2.03,9.01 04/03/12 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 04/02/12 Federal Home Loan Bank of San Francis X1 2.03 04/02/12 Federal Home Loan Bank of Seattle 2.03 04/02/12 Federal Home Loan Bank of Topeka 2.03,9.01 04/02/12 Fidelity National Information Service 5.02 03/30/12 Fifth Street Finance Corp DE 5.07 04/04/12 FIRST PACTRUST BANCORP INC MD 8.01 03/30/12 FIRST REAL ESTATE INVESTMENT TRUST OF NJ 5.07 04/04/12 Flagstone Reinsurance Holdings, S.A. N4 1.01,9.01 03/30/12 Fortress Investment Group LLC DE 7.01 04/05/12 Francesca's Holdings CORP 7.01,9.01 04/04/12 FS Energy & Power Fund DE 2.02,9.01 04/04/12 FS Investment CORP MD 2.02,9.01 04/04/12 FULL HOUSE RESORTS INC DE 1.01,9.01 03/30/12 Galena Biopharma, Inc. 1.01,8.01,9.01 04/05/12 GAP INC DE 7.01,9.01 04/05/12 General Motors Co 8.01 04/03/12 GENERAL STEEL HOLDINGS INC NV 3.01 03/30/12 Genesis Biopharma, Inc NV 1.01,9.01 03/30/12 GenMark Diagnostics, Inc. DE 1.01,7.01,9.01 03/30/12 Genmed Holding Corp NV 5.03,9.01 04/03/12 GEOGLOBAL RESOURCES INC. DE 7.01 04/05/12 GeoMet, Inc. DE 5.08,8.01,9.01 04/02/12 Global Geophysical Services Inc DE 8.01,9.01 04/05/12 GlyEco, Inc. NV 1.01,5.03,9.01 04/03/12 GOLDEN ENTERPRISES INC DE 8.01,9.01 04/05/12 GOLDEN PHOENIX MINERALS INC NV 7.01,9.01 04/04/12 GOLDEN PHOENIX MINERALS INC NV 2.04 01/24/12 AMEND GOLDMAN SACHS HEDGE FUND PARTNERS LLC DE 7.01 04/05/12 GRANDPARENTS.COM, INC. DE 8.01,9.01 04/04/12 GRAPHIC PACKAGING HOLDING CO DE 1.01,5.02,9.01 04/01/12 Great Wolf Resorts, Inc. DE 8.01,9.01 04/04/12 GREENMAN TECHNOLOGIES INC DE 1.01,2.03,3.02,9.01 04/03/12 Greenwood Gold Resources, Inc. NV 5.02 04/02/12 GRYPHON GOLD CORP NV 7.01,9.01 04/05/12 GYMBOREE CORP DE 1.01,2.03,9.01 03/30/12 HAMPTON ROADS BANKSHARES INC VA 7.01,9.01 04/05/12 HARTFORD FINANCIAL SERVICES GROUP INC DE 1.01,2.03,8.01,9.01 04/02/12 HDS INTERNATIONAL CORP. NV 7.01,9.01 04/04/12 HERCULES TECHNOLOGY GROWTH CAPITAL IN MD 8.01 04/05/12 HERITAGE OAKS BANCORP CA 7.01,9.01 04/05/12 Highbridge Commodities FuturesAccess DE 1.01,9.01 03/30/12 HOLLY ENERGY PARTNERS LP DE 7.01,9.01 04/05/12 HollyFrontier Corp DE 7.01,9.01 04/05/12 HONEYWELL INTERNATIONAL INC DE 1.01,2.03,9.01 04/02/12 HOVNANIAN ENTERPRISES INC DE 1.01,7.01,8.01,9.01 04/04/12 iGambit, Inc. DE 2.02,9.01 12/31/11 INLAND REAL ESTATE CORP MD 8.01,9.01 04/02/12 INTELSAT S.A. N4 5.02,8.01,9.01 03/30/12 INTERMUNE INC DE 8.01 04/05/12 JETBLUE AIRWAYS CORP DE 1.01,7.01,9.01 04/05/12 KFORCE INC FL 2.01,9.01 03/30/12 KOHLS Corp WI 2.02,9.01 04/05/12 KOLORFUSION INTERNATIONAL INC CO 8.01 03/08/12 LEAPFROG ENTERPRISES INC 5.02 03/30/12 LEHMAN ABS CORP MOTOROLA DEBENTURE BA DE 8.01,9.01 04/02/12 LINN ENERGY, LLC DE 2.01,9.01 04/05/12 LITHIUM TECHNOLOGY CORP DE 1.01,9.01 03/31/12 LRAD Corp DE 2.02,9.01 04/05/12 LUCID INC NY 1.01,2.04,9.01 03/30/12 MAGELLAN GOLD Corp NV 1.01,9.01 04/04/12 MAGNUM HUNTER RESOURCES CORP DE 2.01,3.02,7.01,9.01 03/30/12 MAN AHL DIVERSIFIED I LP DE 4.01,9.01 04/02/12 MCKESSON CORP DE 5.02 03/31/12 MEDGENICS, INC. DE 5.02,5.07,9.01 04/03/12 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 04/02/12 MERRILL LYNCH DEPOSITOR INC PREFERRED DE 8.01,9.01 04/02/12 MERRILL LYNCH MUNICIPAL ABS INC NY 9.01 04/01/12 MET PRO CORP PA 5.02,9.01 04/05/12 MET PRO CORP PA 5.02,9.01 04/05/12 MGE ENERGY INC WI 1.01,2.03,8.01,9.01 04/02/12 Millburn Multi-Markets Fund L.P. DE 3.02 04/02/12 MILLER ENERGY RESOURCES, INC. TN 5.02,5.07,7.01, 04/03/12 8.01,9.01 Mister Goody, Inc. FL 8.01,9.01 04/05/12 Mount Knowledge Holdings, Inc. NV 5.02 03/30/12 MURPHY OIL CORP /DE DE 5.03,9.01 04/03/12 MV Oil Trust DE 2.02,9.01 04/05/12 National American University Holdings DE 2.02,9.01 04/04/12 NATURAL ALTERNATIVES INTERNATIONAL IN DE 1.01 03/31/12 NATURAL BLUE RESOURCES, INC. DE 4.01,5.02 03/20/12 NATURAL HEALTH TRENDS CORP DE 5.02 03/30/12 Naugatuck Valley Financial Corp 5.02 04/01/12 NAUTILUS, INC. WA 1.01,9.01 03/30/12 NeoStem, Inc. DE 8.01,9.01 04/02/12 NET TALK.COM, INC. FL 2.03,9.01 04/05/12 NEW CENTURY BANCORP INC NC 5.02 01/24/12 NEW CENTURY BANCORP INC NC 5.02 04/02/12 NEW ENERGY SYSTEMS GROUP NV 2.02,9.01 04/02/12 NEWS CORP 8.01,9.01 04/05/12 NGP Capital Resources Co MD 1.01 03/30/12 NORDSTROM INC WA 7.01,9.01 04/05/12 NORTEK INC DE 1.01,9.01 04/04/12 NSTAR/MA 8.01,9.01 04/04/12 NUTRACEA CA 5.02,9.01 04/02/12 AMEND NUTRI SYSTEM INC /DE/ DE 5.02,9.01 04/04/12 NUTRI SYSTEM INC /DE/ DE 1.01,9.01 04/05/12 NYSE Euronext DE 7.01,9.01 04/02/12 Oasis Petroleum Inc. DE 1.01,2.03,7.01, 03/22/12 8.01,9.01 ODYSSEY MARINE EXPLORATION INC NV 1.01,9.01 03/30/12 OMNI BIO PHARMACEUTICAL, INC. CO 7.01,9.01 04/04/12 OphthaliX, Inc. NV 5.03,9.01 04/02/12 Orgenesis Inc. NV 1.01,5.02,9.01 04/02/12 ORTHOFIX INTERNATIONAL N V 5.02 04/03/12 OSL HOLDINGS INC. 8.01,9.01 04/05/12 PARAMETRIC TECHNOLOGY CORP MA 2.02,9.01 04/05/12 PARKWAY PROPERTIES INC MD 1.01,2.03,9.01 04/03/12 PATRIOT TRANSPORTATION HOLDING INC FL 1.01 04/05/12 PEABODY ENERGY CORP DE 5.02,9.01 04/01/12 PEGASUS TEL, INC. DE 8.01 04/05/12 PERFECTENERGY INTERNATIONAL LTD NV 1.01,5.02,9.01 04/01/12 Pershing Gold Corp. NV 1.01,3.02,5.03, 03/30/12 5.07,8.01,9.01 PIER 1 IMPORTS INC/DE DE 2.02,7.01,9.01 04/05/12 PINNACLE AIRLINES CORP DE 1.01,1.02 04/01/12 PIPER JAFFRAY COMPANIES DE 2.03,9.01 04/02/12 PLAINS ALL AMERICAN PIPELINE LP DE 2.01,5.03,9.01 04/01/12 POLYCOM INC DE 2.02,9.01 04/05/12 Portlogic Systems Inc. NV 1.01,9.01 03/30/12 POWER INTEGRATIONS INC CA 1.01,8.01,9.01 03/30/12 POWERVERDE, INC. NV 1.01,9.01 03/30/12 PPG INDUSTRIES INC PA 2.02,2.05,9.01 03/30/12 Premier Power Renewable Energy, Inc. DE 2.02,9.01 04/05/12 PRESSURE BIOSCIENCES INC MA 3.01 04/03/12 ProUroCare Medical Inc. NV 1.01,2.03,3.02,9.01 03/30/12 Psychic Friends Network Inc. NV 8.01 04/05/12 QR Energy, LP DE 7.01,9.01 04/05/12 QUIKSILVER INC DE 5.02 03/30/12 RAVEN INDUSTRIES INC SD 5.02 04/02/12 REALNETWORKS INC WA 2.01,7.01,9.01 04/05/12 REALPAGE INC DE 5.02 04/04/12 Red Lion Hotels CORP WA 5.02 03/30/12 RED MOUNTAIN RESOURCES, INC. FL 8.01,9.01 04/05/12 RESEARCH FRONTIERS INC DE 7.01,9.01 04/04/12 RETAIL OPPORTUNITY INVESTMENTS CORP DE 5.02,9.01 03/31/12 RETAIL PROPERTIES OF AMERICA, INC. MD 7.01,9.01 04/05/12 Rock Energy Resources, Inc. DE 7.01,9.01 04/05/12 ROGERS CORP MA 9.01 03/30/12 ROYAL CARIBBEAN CRUISES LTD 5.03,8.01,9.01 04/02/12 RPM INTERNATIONAL INC/DE/ DE 2.02,9.01 04/05/12 RPX Corp DE 8.01 03/30/12 SABINE ROYALTY TRUST TX 2.02,9.01 04/04/12 SAKS INC TN 7.01,9.01 04/05/12 SAKS INC TN 5.02 04/03/12 SAVIENT PHARMACEUTICALS INC DE 5.02 03/30/12 SBA COMMUNICATIONS CORP FL 1.01,9.01 04/02/12 SCHNITZER STEEL INDUSTRIES INC OR 2.02,9.01 04/05/12 SCOLR Pharma, Inc. DE 5.02 03/30/12 SEALED AIR CORP/DE DE 7.01,9.01 04/04/12 SEITEL INC DE 2.02,7.01 04/05/12 Select Notes Trust LT 2004-1 DE 8.01,9.01 04/02/12 SemiLEDs Corp 2.02,9.01 04/05/12 Seven Arts Entertainment Inc. NV 8.01,9.01 04/02/12 SGB International Holdings Inc. A1 5.02,9.01 03/01/12 AMEND SIGNATURE GROUP HOLDINGS, INC. NV 8.01 04/05/12 SILLENGER EXPLORATION CORP. NV 1.01,3.02,5.02, 03/23/12 8.01,9.01 SILVER HILL MINES INC NV 1.01,5.01,9.01 03/31/12 SMART ONLINE INC DE 2.03,3.02 04/02/12 Solar Senior Capital Ltd. MD 7.01,9.01 04/05/12 SOLIGENIX, INC. DE 7.01,9.01 04/05/12 Solo International, Inc NV 8.01 04/02/12 SOUNDBITE COMMUNICATIONS INC 5.02,9.01 12/13/11 SPECTRUM PHARMACEUTICALS INC DE 1.01,8.01,9.01 04/04/12 Stanadyne Holdings, Inc. DE 5.02 04/01/12 STAPLES INC DE 8.01 04/05/12 STAR BUFFET INC DE 8.01,9.01 03/26/12 Start Scientific, Inc. UT 1.01,3.02 04/02/12 Station Casinos LLC NV 8.01 03/30/12 Stevia Corp NV 1.01,1.02,9.01 03/31/12 STILLWATER MINING CO /DE/ DE 1.01,9.01 06/29/11 Strategic Storage Trust, Inc. MD 7.01,9.01 04/05/12 STRUCTURED PROD CORP TIERS CORP BND-B DE 8.01,9.01 04/02/12 STRUCTURED PRODUCTS CORP TIERS R INFL DE 8.01,9.01 04/02/12 SUFFOLK BANCORP NY 5.03,8.01,9.01 03/30/12 SunCoke Energy, Inc. 7.01,9.01 04/05/12 SUPERIOR ENERGY SERVICES INC DE 2.01,9.01 03/30/12 SUPERMEDIA INC. DE 5.02,9.01 03/31/12 SUPREME INDUSTRIES INC DE 5.02 03/30/12 SYNOPSYS INC DE 5.02,5.07,9.01 04/03/12 SYNTA PHARMACEUTICALS CORP 5.02 04/02/12 SYNTHESIS ENERGY SYSTEMS INC DE 7.01,9.01 04/05/12 TALEO CORP DE 2.01,3.01,3.03, 04/05/12 5.01,5.02,5.03,9.01 Tara Minerals Corp. NV 1.01,2.01 04/04/12 TAUBMAN CENTERS INC MI 8.01,9.01 04/05/12 TE Connectivity Ltd. V8 8.01,9.01 04/03/12 TELESTONE TECHNOLOGIES CORP CO 2.02,7.01,9.01 03/30/12 TENGASCO INC TN 5.02 04/03/12 Tennessee Valley Authority 8.01 04/05/12 TIDEWATER INC DE 8.01 04/05/12 TOFUTTI BRANDS INC DE 2.02,9.01 04/05/12 Tonix Pharmaceuticals Holding Corp. NV 5.02,7.01,8.01,9.01 04/01/12 Tonix Pharmaceuticals Holding Corp. NV 8.01,9.01 04/05/12 TRANS1 INC 5.02,7.01,9.01 04/04/12 Transcept Pharmaceuticals Inc DE 8.01 04/05/12 TRI VALLEY CORP DE 1.01,2.03,3.02,9.01 03/30/12 TRINITY INDUSTRIES INC DE 1.01,1.02 04/02/12 UDR, Inc. MD 1.01,9.01 04/04/12 UNITED INSURANCE HOLDINGS CORP. DE 1.01,1.02,5.02,9.01 03/30/12 UNITED ONLINE INC DE 5.02 03/30/12 US Highland, Inc. OK 5.03,9.01 04/03/12 VelaTel Global Communications, Inc. NV 1.01,8.01,9.01 04/03/12 ViewPoint Financial Group Inc. 5.02,8.01,9.01 04/02/12 VirnetX Holding Corp DE 5.02 03/31/12 VOLITIONRX LTD DE 1.01,2.01,3.02, 10/06/11 AMEND 5.01,5.02,5.03,5.06,9.01 VOLT INFORMATION SCIENCES, INC. NY 7.01,9.01 04/03/12 VORNADO REALTY LP DE 5.03,9.01 03/30/12 VORNADO REALTY TRUST MD 5.02,9.01 03/30/12 Voyager Oil & Gas, Inc. DE 5.02,7.01,9.01 03/30/12 VWR Funding, Inc. DE 5.02,9.01 03/30/12 WD 40 CO DE 2.02,9.01 04/05/12 WEIGHT WATCHERS INTERNATIONAL INC VA 5.02 03/30/12 Westinghouse Solar, Inc. DE 3.02 03/30/12 WHITE DENTAL SUPPLY, INC. NV 5.01,5.02 04/03/12 WHITE MOUNTAINS INSURANCE GROUP LTD D0 7.01,9.01 04/05/12 Wizard World, Inc. DE 1.01,3.02,9.01 03/30/12 WORLDS INC NJ 8.01,9.01 04/04/12 Xenith Bankshares, Inc. VA 7.01,9.01 04/05/12 Zalicus Inc. DE 7.01,9.01 04/05/12 ZION OIL & GAS INC DE 5.02 03/30/12 ZOLTEK COMPANIES INC DE 1.01,9.01 03/30/12 Zoo Entertainment, Inc DE 5.02 04/03/12