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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-79
April 24, 2012

Commission Announcements

H&R Block Subsidiary Agrees to Pay $28.2 Million to Settle SEC Charges Related to Subprime Mortgage Investments

The Securities and Exchange Commission today charged H&R Block subsidiary Option One Mortgage Corporation with misleading investors in several offerings of subprime residential mortgage-backed securities (RMBS) by failing to disclose that its financial condition was significantly deteriorating. 

Option One, which is now known as Sand Canyon Corporation, agreed to pay $28.2 million to settle the SEC’s charges.

The SEC alleges that Option One promised investors in more than $4 billion worth of RMBS offerings that it sponsored in early 2007 that it would repurchase or replace mortgages that breached representations and warranties.  But Option One did not tell investors about its deteriorating financial condition and that it could not meet its repurchase obligations on its own. 

“Option One’s financial condition deteriorated significantly as its large subprime mortgage lending business suffered from the collapse of the U.S. housing market,” said Robert Khuzami, Director of the SEC’s Division of Enforcement.  “The company nonetheless concealed from investors that its perilous finances created risk that it would not be able to fulfill its duties to repurchase or replace faulty mortgages in its RMBS portfolios.”

Kenneth Lench, Chief of the SEC Division of Enforcement’s Structured and New Products Unit, added, “We will take action against those who fail to disclose or downplay important facts that make an investment riskier, even if those risks do not materialize.  We remain committed to uncovering misconduct involving complex financial instruments including RMBS.” 

According to the SEC’s complaint filed in U.S. District Court for the Central District of California, Option One was one of the nation’s largest subprime mortgage lenders with originations of $40 billion in its 2006 fiscal year.  Option One originated subprime loans and sold them in the secondary market through RMBS securitizations or whole loan pool sales.   

According to the SEC’s complaint, Option One was generally profitable prior to its 2007 fiscal year.  However, when the subprime mortgage market started to decline in the summer of 2006, Option One experienced a decline in revenues and significant losses, and faced hundreds of millions of dollars in margin calls from its creditors.  At the time Option One offered and sold the RMBS, it needed H&R Block, through a subsidiary, to provide it with financing under a line of credit in order to meet its margin calls and repurchase obligations.  But Block was under no obligation to provide that funding.  Option One did not disclose this information to investors.  The SEC further alleges that Block never guaranteed Option One’s loan repurchase obligations and that Option One’s mounting losses threatened Block’s credit rating at a time when Block was negotiating a sale of Option One.

Without admitting or denying the SEC’s allegations, Option One consented to the entry of an order permanently enjoining it from violating Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 and requiring it to pay disgorgement of $14,250,558, prejudgment interest of $3,982,027, and a penalty of $10 million.  The proposed settlement is subject to court approval.

The SEC has now charged 102 individuals and entities in financial crisis-related enforcement actions, including 55 CEOs, CFOs, and other senior corporate officers.  These enforcement actions have resulted in more than $1.98 billion in penalties, disgorgement, and other monetary relief for investors. 

The SEC also is a co-chair of the Residential Mortgage-Backed Securities Working Group formed under the Financial Fraud Enforcement Task Force in January 2012.  The Working Group is marshaling parallel efforts on the state and federal levels to collaborate on current and future investigations, pooling resources and streamlining processes to investigate in a comprehensive way those responsible for misconduct in the RMBS market.  In addition to the SEC, other co-chairs of the Working Group include representatives from the Civil and Criminal Divisions of the U.S. Department of Justice, the Attorney General of the State of New York, and the United States Attorney’s Office. 

The SEC’s investigation of Option One was conducted by the Enforcement Division’s Structured and New Products Unit led by Kenneth Lench and Reid Muoio and the Chicago Regional Office.  The investigative attorneys were Daniel Ryan, Michael Wells, Anne McKinley, and Robert Burson along with litigation counsel Jonathan Polish and John Birkenheier in the Chicago Regional Office. (Press Rel. 2012-76)

Rules and Related Matters

Order Temporarily Exempting Broker-Dealers from the Recordkeeping, Reporting, and Monitoring Requirements of Rule 13h-1 under the Securities Exchange Act of 1934 and Granting an Exemption for Certain Securities Transactions

The Commission issued an order temporarily exempting broker-dealers from the recordkeeping, reporting, and monitoring requirements of Rule 13h-1 under the Securities Exchange Act of 1934 and granted an exemption for certain securities transactions. Publication of the order is expected in the Federal Register during the week of April 23. (Rel. 34-66839)

Enforcement Proceedings

In the Matter of Advanced BioPhotonics, Inc.

An Administrative Law Judge issued an Order Making Findings and Revoking Registration by Default as to Advanced BioPhotonics, Inc., Advanced Viral Research Corp., and Brantley Capital Corp., and Setting Second Prehearing Conference (Default Order) in Advanced BioPhotonics, Inc., Admin. Proc. 3-14815. The Default Order finds that Advanced BioPhotonics, Inc., Advanced Viral Research Corp., and Brantley Capital Corp., are issuers of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (Exchange Act), and that they have failed to comply with Section 13(a) of the Exchange Act and Exchange Act Rules 13a-1 and 13a-13 by failing to file required periodic reports with the Securities and Exchange Commission.

The Default Order requires that 4C Controls, Inc., and 2-Track Global, Inc., file Answers by April 27, 2012, and that these Respondents and Brilliant Technologies Corporation disclose at a telephonic prehearing conference on May 29, 2012, whether they have filed their missing periodic reports. (Rel. 34-66849; File No. 3-14815)

In the Matter of BIOTECH Holdings, Ltd.

An Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default as to Four Respondents (Default Order) in BIOTECH Holdings, Ltd., Admin. Proc. 3-14763. The Commission revoked the registration of the fifth Respondent’s, California Oil and Gas Corp., registered securities on April 4, 2012. (Rel. 34-66730)

The Default Order finds that the allegations in the Order Instituting Proceedings are true; BIOTECH Holdings Ltd., Central Minera Corp., Chemokine Therapeutics Corp., and Global Precision Medical Inc., issuers of securities registered pursuant to Section 12(g) of the Securities Exchange Act of 1934 (Exchange Act), failed to comply with Exchange Act Section 13(a) and Exchange Act Rules 13a-1 and 13a-13 by failing to file required periodic reports with the Securities and Exchange Commission. As a result, the Administrative Law Judge ordered the revocation of the registration of each class of each of Respondent’s registered securities. (Rel. 34-66850; File No. 3-14763)

In the Matter of Eugene Science, Inc.

An Administrative Law Judge issued an Order Revoking Registration by Default (Default Order) in Eugene Science, Inc., Proc. 3-14805. The Default Order finds that the allegations in the Order Instituting Proceedings are true, Eugene Science, Inc., an issuer of securities registered pursuant to Section 12(g) of the Securities Exchange Act of 1934 (Exchange Act), failed to comply with Exchange Act Section 13(a) and Exchange Act Rules 13a-1 and 13a-13 by failing to file required periodic reports with the Securities and Exchange Commission. As a result, the Administrative Law Judge ordered the revocation of the registration of each class of Respondent’s registered securities. (Rel. 34-66851; File No. 3-14805)

In the Matter of Ryan Mark Reynolds

The Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, and Notice of Hearing (Order) against Ryan Mark Reynolds of Dallas, Texas.

The proceedings are based on an April 10, 2012, amended judgment that enjoined Reynolds 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 in a civil action entitled Securities and Exchange Commission v. Phillip W. Offill, Jr., et al., Civil Action Number 07-cv-1643-D (N.D. Tex.). In the Order, the Division of Enforcement alleges that Reynolds, a former stock broker, engaged in a scheme to evade the registration requirements of the federal securities laws by offering and selling the securities of six companies when no registration statements were filed or in effect for their sales transactions. The Order also alleges that Reynolds acted as an unregistered dealer by engaging in the business of underwriting public securities offerings and effecting transactions in securities by buying and selling securities for his own accounts and for the accounts of RSMR Capital Group Inc., a Texas corporation that he and another owned. The Order further alleges Reynolds was not registered or associated with a broker or dealer during the time when he offered and sold the securities at issue in the case.

A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide the Respondent with an opportunity to dispute these allegations, and to determine what sanctions, if any, are appropriate and in the public interest. The Order requires that the administrative law judge issue an initial decision no later than 210 days from the date of service of the Order. (Rel. 34-66852; File No. 3-14855)

In the Matter of Egan-Jones Ratings Co. and Sean Egan

The Securities and Exchange Commission today announced charges against Egan-Jones Ratings Company (EJR) and its owner and president, Sean Egan, for material misrepresentations and omissions in the company’s July 2008 application to register as a Nationally Recognized Statistical Rating Organization (NRSRO) for issuers of asset-backed securities (ABS) and government securities. EJR and Egan are also charged with material misrepresentations in other submissions furnished to the Commission, and violations of recordkeeping and conflict-of-interest provisions governing NRSROs.

The Commission issued an order instituting proceedings in which the SEC’s Division of Enforcement alleges that EJR, a credit rating agency based in Haverford, Pennsylvania, submitted an application to register as an NRSRO for issuers of asset-backed and government securities in July 2008. EJR had previously registered with the Commission in 2007 as an NRSRO for financial institutions, insurance companies, and corporate issuers.

The SEC’s Division of Enforcement alleges that in its 2008 application, EJR falsely stated that, as of the date of the application, it had 150 outstanding ABS issuer ratings and 50 outstanding government issuer ratings. EJR further falsely stated in its 2008 application that it had been issuing credit ratings in the ABS and government categories as a credit rating agency on a continuous basis since 1995. In fact, at the time of its July 2008 application, EJR had not issued — that is, made available on the Internet or through another readily accessible means — any ABS or government issuer ratings, and therefore did not meet the requirements for registration as an NRSRO in these categories. EJR continued to make material misrepresentations regarding its experience rating asset-backed and government securities in subsequent annual certifications furnished to the Commission.

The SEC’s Division of Enforcement also alleges that EJR made other misstatements and omissions in submissions to the Commission by providing inaccurate certifications from clients, failing to disclose that two employees had signed a code of ethics different than the one EJR disclosed, and inaccurately stating that EJR did not know if subscribers were long or short a particular security.

The SEC’s Division of Enforcement further alleges that EJR violated other provisions of the Commission rules governing NRSROs. EJR failed to enforce its policies to address conflicts of interest arising from employee ownership of securities, and allowed two analysts to participate in determining credit ratings for issuers whose securities they owned. EJR also failed to make and retain certain required records, including a detailed record of its procedures and methodologies to determine credit ratings and emails regarding its determination of credit ratings.

The SEC’s Division of Enforcement alleges that Egan provided inaccurate information that was included in EJR’s applications and annual certifications, signed the submissions, and certified that the information provided in them was “accurate in all significant respects,” when he knew that it was not. Egan also failed to ensure EJR’s compliance with the recordkeeping requirements and conflict-of-interest provisions.

The SEC’s Division of Enforcement alleges that, by the conduct described above, EJR willfully violated Exchange Act Sections 15E(a)(1), 15E(b)(2), 15E(h)(1) and 17(a), and Rules 17g-1(a), 17g-1(b), 17g-1(f), 17g-1(a)(2), 17g-2(a)(6), 17g-2(b)(2), 17g-2(b)(7), and 17g-5(c)(2). The Division of Enforcement further alleges that, by the conduct described above, Egan willfully made, or caused EJR to make, material misstatements in its Form NRSRO; and caused or willfully aided, abetted, counseled, commanded, induced or procured EJR’s violations of Sections 15E and 17(a) of the Exchange Act and Rules 17g-1, 17g-2, and 17g-5.

A hearing in this matter will be scheduled before an Administrative Law Judge, who will hear evidence from the Division of Enforcement and EJR and Egan. The Commission ordered that the Administrative Law Judge in this proceeding issue an initial decision no later than 300 days from the date of service of the Order. (Rel. 34-66854; File No. 3-14856)

SEC Obtains an Asset Freeze and Other Relief Against Allen Weintraub to Halt His Fraudulent Scheme of Purportedly Selling Pre-IPO Facebook Shares

On April 4, 2012, the U.S. District Court for the Southern District of Florida in Miami issued an Order to Show Cause and Other Emergency Relief (Order) to halt Allen Weintraub’s ongoing fraudulent scheme of selling securities of an investment vehicle that he falsely represented owned pre-IPO shares of Facebook, Inc. The Court’s Order temporarily freezes the assets of Weintraub and certain shell companies through which he apparently operates. The order also directed Weintraub to demonstrate, among other things, why he should not be held in contempt for violating the Court’s Final Judgment in SEC v. Allen E. Weintraub and AWMS Acquisition, Inc., d/b/a Sterling Global Holdings, Case No. 11-21549-CIV-HUCK/BANDSTRA (S.D.Fla.), which was entered on January 10, 2012 (Final Judgment). The Final Judgment enjoined Weintraub from violating, among other things, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.

The Commission’s motion for an order to show cause alleges that in February 2012, Weintraub, acting through an alias, William Lewis, and through entities named Private Stock Transfer, Inc., PST Investments III, Inc. (PST Investments), and World Financial Solutions, defrauded investors by selling them worthless shares in PST Investments. Weintraub had falsely represented that he would sell the investors pre-IPO shares of Facebook, Inc., and that PST Investments had an ownership interest in Facebook stock. The Commission’s motion also alleges that Weintraub was utilizing the website privatestocktransfer.com to perpetrate his scheme. The Court’s Order directed that this website be deactivated. The Division of Enforcement urges anyone who believes that Allen Weintraub may have recently defrauded them to contact John Rossetti, Senior Counsel, at 202-551-4819.

On December 30, 2011, the Court entered an order granting the Commission’s motion for summary judgment against Weintraub and his shell company, Sterling Global. In its Order, the Court found that Weintraub deceived the public by making false and misleading statements regarding Sterling Global’s ability to purchase and operate Eastman Kodak Company and AMR Corporation. The Court’s January 2012 Final Judgment permanently enjoined Weintraub and Sterling Global from future violations of Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-8 thereunder, and ordered them to each pay a civil money penalty in the amount of $200,000. See Litigation Release 22225 (January 11, 2012). [SEC v. Allen E. Weintraub and AWMS Acquisition, Inc., d/b/a Sterling Global Holdings, Case No. 11-21549-CIV-HUCK/BANDSTRA (S.D.Fla.)] (LR-22343)

Other Commission Orders, Notices, and Information

Order Approving Application for Relief From a Statutory Disqualification

On April 23, 2012, the Commission issued an Order approving the application of the Financial Industry Regulatory Authority (f/k/a National Association of Securities Dealers, Inc.) for relief from a statutory disqualification, permitting Kevin J. McCaffrey to associate as a general securities representative with Citigroup Global Markets, Inc. (CGMI), a member of FINRA. The Order states that, based on the representations made by FINRA and CGMI with respect to the supervision of Mr. McCaffrey and the conditions placed on his employment, the Commission will not institute proceedings pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act), and will not direct FINRA to bar the proposed association, as provided in Section 15A(g)(2) of the Exchange Act. (Rel. 34-66844)

Investment Company Act Releases

Advisors Series Trust
Orinda Asset Management, LLC

A notice has been issued giving interested persons until May 18, 2012 to request a hearing on an application filed by Advisors Series Trust and Orinda Asset Management, LLC, for an order exempting applicants from Section 15(a) of the Investment Company Act of 1940 (Act) and Rule 18f-2 under the Act, as well as from certain disclosure requirements. The order would permit the applicants to enter into and materially amend subadvisory agreements without shareholder approval and would grant relief from certain disclosure requirements. (Rel. IC-30043 — April 23)

Self-Regulatory Organizations

Proposed Rule Change

NYSE Arca, Inc. filed a proposed rule change (SR-NYSEArca-2012-34) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to list and trade the Huntington US Equity Rotation Strategy ETF and Huntington EcoLogical Strategy ETF under NYSE Arca Equities Rule 8.600. Publication is expected in the Federal Register during the week of April 23. (34-66846)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by Chicago Mercantile Exchange Inc. (CME) amending rules regarding clearing member anti-money laundering programs (SR-CME-2012-12) 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 23. (34-66847)

A proposed rule change submitted by The NASDAQ Stock Market LLC (SR-NASDAQ-2012-052) relating to SQF and BONO port fees and account 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 April 23. (34-66848)

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.

        7138602500 - 0 ($0.00) Unallocated (Universal) Shelf, 
        (File 333-180876 - Apr. 23) (BR. 04B)

S-3ASR  PowerShares DB Commodity Index Tracking Fund, 60 WALL STREET, NEW YORK, 
        NY, 10005, 2122505883 - 0 ($1.00) Equity, (File 333-180878 - Apr. 23) 
        (BR. 08B)

        164 83, 46107190000 - 0 ($0.00) Debt, (File 333-180880 - Apr. 23) 
        (BR. 11A)

N-2     Arden Macro Fund, L.L.C., 375 PARK AVENUE, 32 FLOOR, NEW YORK, NY, 
        10152, (212) 751-5252 - 
        1 ($1,000,000.00) Limited Partnership Interests, (File 333-180882 - 
        Apr. 23) (BR. )

        7342143700 - 332,092 ($23,690,000.00) Equity, (File 333-180883 - 
        Apr. 23) (BR. 07C)

S-3ASR  Digital Realty Trust, Inc., 560 MISSION STREET, SUITE 2900, 
        SAN FRANCISCO, CA, 94105, (415)738-6500 - 
        0 ($0.00) Unallocated (Universal) Shelf, (File 333-180886 - Apr. 23) 
        (BR. 08C)

S-8     LENNAR CORP /NEW/, 700 NW 107TH AVENUE, SUITE 400, MIAMI, FL, 33172, 
        3055594000 - 0 ($260,300,000.00) Equity, (File 333-180887 - Apr. 23) 
        (BR. 06A)

F-3D    PENGROWTH ENERGY Corp, 2100, 222 - 3RD AVENUE SW, CALGARY, A0, T2P 0B4, 
        (403) 233-0224 - 0 ($258,900,000.00) Equity, (File 333-180888 - 
        Apr. 23) (BR. 04B)

S-3     MetroCorp Bancshares, Inc., 9600 BELLAIRE BOULEVARD, SUITE 252, 
        HOUSTON, TX, 77036, (713) 776-3876 - 
        0 ($75,000,000.00) Unallocated (Universal) Shelf, (File 333-180889 - 
        Apr. 23) (BR. 07C)

S-3     MetroCorp Bancshares, Inc., 9600 BELLAIRE BOULEVARD, SUITE 252, 
        HOUSTON, TX, 77036, (713) 776-3876 - 0 ($45,000,000.00) Equity, 
        (File 333-180890 - Apr. 23) (BR. 07C)

        23060, 804-276-1160 - 0 ($10,958,000.00) Equity, (File 333-180891 - 
        Apr. 23) (BR. 07B)

        8478086369 - 0 ($120,546,451.38) Equity, (File 333-180892 - Apr. 23) 
        (BR. 07B)

Recent 8K Filings

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


Entry into a Material Definitive Agreement


Termination of a Material Definitive Agreement


Bankruptcy or Receivership


Completion of Acquisition or Disposition of Assets


Results of Operations and Financial Condition


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


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


Cost Associated with Exit or Disposal Activities


Material Impairments


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


Unregistered Sales of Equity Securities


Material Modifications to Rights of Security Holders


Changes in Registrant's Certifying Accountant


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


Changes in Control of Registrant


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


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


Temporary Suspension of Trading Under Registrant's Employee Benefit Plans


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


Change in Shell Company Status


ABS Informational and Computational Material.


Change of Servicer or Trustee.


Change in Credit Enhancement or Other External Support.


Failure to Make a Required Distribution.


Securities Act Updating Disclosure.


Regulation FD Disclosure


Other Events


Financial Statements and Exhibits

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

NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT

ACCO BRANDS CORP                        DE       8.01,9.01            04/20/12

ACCURAY INC                             DE       1.01                 04/20/12

ADCARE HEALTH SYSTEMS INC               OH       1.01,9.01            04/17/12

Advance America, Cash Advance Centers   DE       5.07,8.01,9.01       04/20/12

AETRIUM INC                             MN       8.01                 04/23/12

ALICO INC                               FL       8.01,9.01            04/23/12

ALIGN TECHNOLOGY INC                    DE       2.02,9.01            04/23/12

All American Gold Corp.                 WY       1.01,9.01            04/23/12

ALLIANCE FIBER OPTIC PRODUCTS INC       CA       2.02,9.01            04/23/12

Allison Transmission Holdings Inc       DE       2.02,9.01            04/23/12

ALNYLAM PHARMACEUTICALS, INC.                    5.02,9.01            04/20/12

AMARILLO BIOSCIENCES INC                TX       5.02                 04/23/12

American Nano Silicon Technologies, I   CA       3.02,5.02            04/16/12

AMERICAN NATIONAL INSURANCE CO /TX/     TX       2.02,9.01            04/23/12

Americredit Automobile Receivables Tr            1.01,9.01            04/19/12

AMERIPRISE FINANCIAL INC                DE       2.02,9.01            04/23/12

AMPAL-AMERICAN ISRAEL CORP              NY       7.01,9.01            04/23/12

Anchor Bancorp                          WA       2.02,9.01            04/23/12

ARCH COAL INC                           DE       8.01,9.01            04/23/12

ARRHYTHMIA RESEARCH TECHNOLOGY INC /D   DE       2.02,2.06,9.01       04/17/12

ARRHYTHMIA RESEARCH TECHNOLOGY INC /D   DE       3.01,9.01            04/17/12

ASBURY AUTOMOTIVE GROUP INC             DE       5.02,5.07            04/18/12

ASURE SOFTWARE INC                      DE       7.01,9.01            04/23/12

ATWOOD OCEANICS INC                     TX       7.01,9.01            04/23/12

AUBURN NATIONAL BANCORPORATION, INC     DE       2.02,9.01            04/23/12

AuraSound, Inc.                         NV       5.02                 04/02/12

AuraSound, Inc.                         NV       4.02                 04/17/12

AUTHENTIDATE HOLDING CORP               DE       8.01,9.01            04/23/12

BANK OF HAWAII CORP                     DE       2.02,9.01            04/23/12

Bank of Marin Bancorp                   CA       2.02,8.01,9.01       04/19/12

Bank of New York Mellon CORP            DE       2.02,9.01            04/18/12

BE AEROSPACE INC                        DE       2.02,9.01            04/23/12

BE Resources Inc.                       CO       5.02,5.03,9.01       04/23/12

BEACON ENTERPRISE SOLUTIONS GROUP INC   NV       7.01,9.01            04/23/12

BERKLEY W R CORP                        DE       2.02,9.01            04/23/12

BioFuel Energy Corp.                             3.01                 04/18/11

BioScrip, Inc.                          DE       5.02,9.01            04/18/12

BIOTIME INC                             CA       7.01,9.01            04/23/12

BIOTIME INC                             CA       7.01,9.01            04/23/12

BIOVEST INTERNATIONAL INC               DE       7.01,9.01            04/23/12

BRIDGE BANCORP INC                      NY       2.02,9.01            04/23/12

BRINKER INTERNATIONAL INC               DE       2.02,9.01            04/23/12

CALIFORNIA WATER SERVICE GROUP          DE       7.01,9.01            04/23/12

CARDINAL FINANCIAL CORP                 VA       2.02,5.07,8.01,9.01  04/18/12

CAREFUSION Corp                                  2.06,7.01,9.01       04/23/12

CARMIKE CINEMAS INC                     DE       8.01,9.01            04/20/12

Celanese CORP                           DE       5.02,5.07,7.01,9.01  04/18/12

CenterState Banks, Inc.                 FL       2.02,9.01            04/23/12

Chino Commercial Bancorp                CA       2.02,9.01            04/23/12

CHOICEONE FINANCIAL SERVICES INC        MI       7.01                 04/23/12

CHROMCRAFT REVINGTON INC                DE       3.01,9.01            04/17/12

CITY NATIONAL CORP                      DE       8.01,9.01            04/23/12

COGENT COMMUNICATIONS GROUP INC                  5.02,5.07            04/19/12

Colfax CORP                             DE       5.02,9.01            04/22/12

COLONY BANKCORP INC                     GA       5.02,9.01            04/17/12

COMMUNITY BANK SHARES OF INDIANA INC    IN       8.01,9.01            04/17/12

Community Partners Bancorp              NJ       2.02,9.01            04/23/12

Compressco Partners, L.P.               DE       5.02,8.01,9.01       04/19/12

COMPUTER TASK GROUP INC                 NY       2.02,9.01            04/23/12

CONNS INC                               DE       5.02,7.01,9.01       04/23/12

CONOCOPHILLIPS                          DE       2.02,9.01            04/23/12

CONSTELLATION BRANDS, INC.              DE       1.01,9.01            04/17/12

Converted Organics Inc.                 DE       4.02                 04/23/12

Corporate Resource Services, Inc.       DE       1.01,2.03,8.01,9.01  04/19/12

CVR ENERGY INC                          DE       1.01,9.01            04/18/12

CVR PARTNERS, LP                        DE       7.01                 04/23/12

CYTRX CORP                              DE       8.01,9.01            04/23/12

DAWSON GEOPHYSICAL CO                   TX       8.01                 04/20/12

DELTIC TIMBER CORP                      DE       2.02,9.01            04/23/12

DIGIRAD CORP                            DE       5.02,8.01,9.01       04/22/12

Digital Cinema Destinations Corp.       DE       2.01,8.01,9.01       04/23/12

Digital Cinema Destinations Corp.       DE       8.01,9.01            04/23/12

DNB FINANCIAL CORP /PA/                 PA       2.02,9.01            04/23/12

DOLLAR THRIFTY AUTOMOTIVE GROUP INC     DE       2.02,9.01            04/23/12

Duff & Phelps Corp                      DE       5.07                 04/23/12

Duff & Phelps Corp                      DE       5.02                 04/23/12    AMEND

EATON CORP                              OH       2.02,9.01            04/23/12

EMPERIAL AMERICAS, INC                  FL       4.01,9.01            03/15/12    AMEND

Enertopia Corp.                         NV       7.01,9.01            04/23/12

ENNIS, INC.                             TX       8.01,9.01            04/20/12

ENTERPRISE FINANCIAL SERVICES CORP      DE       2.02,9.01            04/23/12

ESCALADE INC                            IN       2.02,9.01            04/23/12

ETHAN ALLEN INTERIORS INC               DE       2.02,9.01            04/19/12

EVOLUTION PETROLEUM CORP                NV       1.01,9.01            04/17/12

FAMILY DOLLAR STORES INC                DE       5.02,9.01            04/18/12

FIDELITY SOUTHERN CORP                  GA       2.02,9.01            04/19/12

FIELDPOINT PETROLEUM CORP               CO       7.01,9.01            04/23/12

FIFTH THIRD BANCORP                     OH       1.01,2.03            04/23/12

FIRST COMMUNITY BANCSHARES INC /NV/     NV       7.01,9.01            04/23/12

FIRST DEFIANCE FINANCIAL CORP           OH       2.02,7.01,9.01       04/23/12

FIRST FARMERS & MERCHANTS CORP          TN       5.07                 04/17/12

First Financial Northwest, Inc.         WA       2.02,9.01            04/20/12

FIRST INTERSTATE BANCSYSTEM INC         MT       8.01                 04/23/12

FIRST PACTRUST BANCORP INC              MD       8.01,9.01            04/18/12

FIRST UNITED CORP/MD/                   MD       2.02,7.01            04/23/12

FIRSTFED FINANCIAL CORP                 DE       8.01,9.01            04/17/12

FIRSTMERIT CORP /OH/                    OH       5.07                 04/18/12

FLORIDIAN FINANCIAL GROUP INC                    5.07,8.01,9.01       04/19/12

FNB CORP/FL/                            FL       2.02,8.01,9.01       04/23/12

FOREST CITY ENTERPRISES INC             OH       7.01,9.01            04/23/12

FORWARD AIR CORP                        TN       8.01,9.01            04/23/12

GAMETECH INTERNATIONAL INC              DE       2.04                 04/17/12

GARDNER DENVER INC                      DE       2.02,9.01            04/19/12

GENCORP INC                             OH       8.01,9.01            04/23/12

Genesis Biopharma, Inc                  NV       1.01                 04/17/12

GENUINE PARTS CO                        GA       5.07,8.01,9.01       04/23/12

Giggles N' Hugs, Inc.                   NV       1.01,8.01,9.01       03/28/12

GigOptix, Inc.                          DE       8.01,9.01            04/23/12

Granite Falls Energy, LLC               MN       5.02                 04/19/12

GRAPHON CORP/DE                         DE       5.02,8.01,9.01       04/17/12

Great Wolf Resorts, Inc.                DE       8.01,9.01            04/20/12

Green Planet Bio Engineering Co. Ltd.            4.01                 04/23/12

Guitammer Co                            NV       4.01,9.01            04/18/12

Gulf United Energy, Inc.                NV       3.02,7.01,9.01       04/19/12

HALCON RESOURCES CORP                   DE       3.02                 04/17/12

HANCOCK FABRICS INC                     DE       2.02,9.01            04/20/12

HARLEY DAVIDSON INC                     WI       2.02                 04/23/12

HARTFORD LIFE INSURANCE CO              CT       8.01,9.01            04/23/12

HASBRO INC                              RI       2.02,9.01            04/23/12

HAWAIIAN ELECTRIC INDUSTRIES INC        HI       2.03,8.01,9.01       04/19/12

HEALTH REVENUE ASSURANCE HOLDINGS, IN   NV       5.03,9.01            04/13/12

HEALTHSTREAM INC                        TN       2.02,7.01,9.01       04/23/12

HEARTLAND FINANCIAL USA INC             DE       2.02,9.01            04/23/12

HELIX ENERGY SOLUTIONS GROUP INC        MN       2.02,7.01,9.01       04/23/12

HERITAGE OAKS BANCORP                   CA       2.02,9.01            04/23/12

HEXCEL CORP /DE/                        DE       2.02,7.01,8.01,9.01  04/23/12

HONEYWELL INTERNATIONAL INC             DE       5.07                 04/23/12

HORTON D R INC /DE/                     DE       2.02,9.01            04/23/12

ICAHN ENTERPRISES L.P.                  DE       1.01,9.01            04/18/12

iGo, Inc.                               DE       5.02,9.01            04/17/12

ILLUMINA INC                            DE       2.02,5.07,9.01       04/23/12

INDEPENDENT BANK CORP /MI/              MI       2.02,9.01            04/23/12

Invesco Mortgage Capital Inc.           MD       5.07                 05/09/11    AMEND

J&J SNACK FOODS CORP                    NJ       2.02,9.01            04/23/12

JMG Exploration, Inc.                   NV       8.01,9.01            04/20/12

K12 INC                                 DE       5.02                 04/23/12

KANSAS CITY LIFE INSURANCE CO           MO       5.07                 04/19/12

KELLOGG CO                              DE       2.02,9.01            04/23/12

KERYX BIOPHARMACEUTICALS INC            DE       8.01,9.01            04/23/12

KNOLL INC                               DE       2.02,9.01            04/23/12

LANCASTER COLONY CORP                   OH       1.02,2.03,9.01       04/18/12

LaSalle Hotel Properties                MD       5.07                 04/20/12

LEE ENTERPRISES, INC                    DE       7.01,9.01            04/20/12

Legend Oil & Gas, Ltd.                  CO       5.02                 04/19/12

LIFE TIME FITNESS, INC.                 MN       5.07                 04/19/12

Lifevantage Corp                        CO       8.01,9.01            04/20/12

Location Based Technologies, Inc.       NV       8.01,9.01            04/23/12

LOWES COMPANIES INC                     NC       1.01,2.03,9.01       04/23/12

Lucky Boy Silver Corp.                  WY       1.01                 04/20/12

MAGELLAN PETROLEUM CORP /DE/            DE       7.01,9.01            04/23/12

MAGICJACK VOCALTEC LTD                  L3       8.01                 04/23/12

Manning & Napier, Inc.                           8.01                 04/18/12

Measurement Specialties Inc             NJ       2.02,7.01,9.01       04/23/12

Medefile International, Inc.            NV       1.01,3.02,5.03,9.01  04/17/12

MERCHANTS BANCSHARES INC                DE       2.02,9.01            04/23/12

MET PRO CORP                            PA       7.01,9.01            04/23/12

METRO BANCORP, INC.                              2.02,9.01            04/23/12

MGIC INVESTMENT CORP                    WI       2.02,9.01            04/23/12

MICRO IMAGING TECHNOLOGY, INC.          CA       5.02                 04/20/12

MICROVISION INC                         DE       2.02,9.01            04/23/12

MID WISCONSIN FINANCIAL SERVICES INC    WI       2.02,9.01            04/23/12

MIDDLEFIELD BANC CORP                   OH       1.01,9.01            04/17/12

MidWestOne Financial Group, Inc.        IA       5.07,8.01            04/19/12

MONEYGRAM INTERNATIONAL INC                      5.07                 04/17/12

MONMOUTH REAL ESTATE INVESTMENT CORP    MD       5.02,9.01            04/23/12

MONMOUTH REAL ESTATE INVESTMENT CORP    MD       1.01,9.01            04/18/12

MOTORCAR PARTS AMERICA INC              NY       1.01,3.02,9.01       04/20/12

NABI BIOPHARMACEUTICALS                 DE       8.01,9.01            04/23/12

NABI BIOPHARMACEUTICALS                 DE       1.01,9.01            04/22/12

NAVIDEA BIOPHARMACEUTICALS, INC.        DE       8.01                 04/17/12

NET TALK.COM, INC.                      FL       2.03,9.01            04/20/12

NETFLIX INC                             DE       2.02,9.01            04/23/12

NEW ENERGY TECHNOLOGIES, INC.                    1.01,7.01,9.01       04/17/12

NEWS CORP                                        8.01,9.01            04/23/12

NOCOPI TECHNOLOGIES INC/MD/             MD       9.01                 04/23/12

NORTHLAND CABLE PROPERTIES SEVEN LIMI   WA       5.07                 04/17/12

Northwest Bancshares, Inc.              MD       2.02,9.01            04/23/12

NU SKIN ENTERPRISES INC                 DE       7.01,9.01            04/20/12

Oasis Petroleum Inc.                    DE       1.01,9.01            04/20/12

OMNICOM GROUP INC                       NY       1.01,2.03,9.01       04/23/12

ONEOK INC /NEW/                         OK       7.01,8.01,9.01       04/23/12

ONEOK Partners LP                       DE       7.01,8.01,9.01       04/23/12

OPTIMER PHARMACEUTICALS INC                      8.01,9.01            04/20/12

Orgenesis Inc.                          NV       1.01,5.02,9.01       04/17/12

OXIGENE INC                             DE       8.01,9.01            04/23/12

PACIFIC MERCANTILE BANCORP              CA       7.01,9.01            04/23/12

PARK NATIONAL CORP /OH/                 OH       7.01,9.01            04/23/12

PARKE BANCORP, INC.                     NJ       2.02,9.01            04/23/12

PARKWAY PROPERTIES INC                  MD       5.02,9.01            04/23/12

PATTERSON UTI ENERGY INC                DE       8.01,9.01            04/23/12

PEOPLES BANCORP OF NORTH CAROLINA INC   NC       2.02,9.01            04/23/12

PFIZER INC                              DE       8.01,9.01            04/23/12

PG&E CORP                               CA       8.01                 04/19/12

Plan A Promotions, Inc.                 UT       1.01,3.03,5.03,9.01  04/17/12

Plantation Lifecare Developers, Inc     DE       4.01,9.01            04/23/12

PLASTER CASTER INC.                     MS       5.03                 01/26/12

POLYMEDIX, INC                          DE       7.01,9.01            04/23/12

POPULAR INC                                      1.01,1.02,8.01,9.01  04/17/12

POTLATCH CORP                           DE       2.02,9.01            04/23/12

PRIME GLOBAL CAPITAL GROUP Inc          NV       8.01,9.01            04/20/12

PRINCETON NATIONAL BANCORP INC          DE       3.01                 04/18/12

PROSPERITY BANCSHARES INC               TX       5.02,5.07,9.01       04/17/12

PSB HOLDINGS INC /WI/                   WI       5.07,8.01            04/18/12

PVH CORP. /DE/                          DE       7.01,9.01            04/23/12

QCR HOLDINGS INC                        DE       2.02,9.01            04/23/12

QR Energy, LP                           DE       7.01,9.01            04/23/12

Radiation Therapy Services Holdings,    DE       7.01,9.01            04/23/12

Real Estate Contacts, Inc.              FL       4.01,9.01            04/23/12

REALNETWORKS INC                        WA       5.02                 04/20/12

RESOURCE AMERICA, INC.                  DE       2.01,7.01,9.01       04/17/12

RIVERVIEW BANCORP INC                   WA       8.01,9.01            04/20/12

RJS Development, Inc.                   FL       1.01,5.01,5.02,9.01  04/23/12

RLI CORP                                IL       7.01,9.01            04/19/12

ROBERTS REALTY INVESTORS INC            GA       8.01,9.01            04/19/12

ROPER INDUSTRIES INC                    DE       2.02,9.01            04/23/12

Rotoblock Corp                          NV       8.01,9.01            04/23/12

RPM INTERNATIONAL INC/DE/               DE       5.02,7.01,9.01       04/17/12

S&T BANCORP INC                         PA       2.02,9.01            04/23/12

SAN JUAN BASIN ROYALTY TRUST            TX       2.02,9.01            04/23/12

SANMINA-SCI CORP                        DE       2.02,9.01            04/23/12

SATCON TECHNOLOGY CORP                  DE       1.01,3.02,9.01       04/20/12

SAUER DANFOSS INC                       DE       5.02                 04/18/12

SHERWIN WILLIAMS CO                     OH       1.01,2.03,9.01       04/23/12

SIERRA BANCORP                          CA       2.02,9.01            04/23/12

Skinny Nutritional Corp.                NV       2.02,9.01            04/23/12

SM Energy Co                            DE       7.01,8.01,9.01       04/17/12

SMF ENERGY CORP                         DE       5.02,7.01            04/18/12

SMTC CORP                               DE       5.02,9.01            04/23/12

SONIC AUTOMOTIVE INC                    DE       2.02,7.01,9.01       04/23/12

SONIC AUTOMOTIVE INC                    DE       1.01,5.02,5.07,9.01  04/18/12

SOUTH JERSEY INDUSTRIES INC             NJ       7.01,9.01            04/20/12

SOUTH JERSEY INDUSTRIES INC             NJ       5.02,5.03,5.07,9.01  04/20/12

SOUTHERN USA RESOURCES INC.             DE       5.03,9.01            04/23/12

STANCORP FINANCIAL GROUP INC            OR       2.02,9.01            04/23/12

STANDARD REGISTER CO                    OH       5.02                 04/23/12

STERLING BANCORP                        NY       7.01,9.01            04/19/11

STEWART ENTERPRISES INC                 LA       5.02,5.07,9.01       04/19/12

STREAMLINE HEALTH SOLUTIONS INC.        DE       2.02,9.01            04/23/12

STUDIO II BRANDS INC                    FL       1.01,2.01,3.02,4.02, 02/10/11    AMEND
SUNTRUST BANKS INC                      GA       2.02,7.01,9.01       04/23/12

TENNANT CO                              MN       2.02,9.01            04/23/12

TETRA TECHNOLOGIES INC                  DE       8.01,9.01            04/23/12

TEXAS INDUSTRIES INC                    DE       8.01,9.01            04/20/12

TEXAS INSTRUMENTS INC                   DE       5.07                 04/23/12

TEXAS INSTRUMENTS INC                   DE       2.02,9.01            04/23/12

THERMOGENESIS CORP                      DE       3.01                 04/19/12

TN-K ENERGY GROUP INC.                  DE       1.01,2.01,7.01,9.01  04/19/12

TOTAL SYSTEM SERVICES INC               GA       8.01,9.01            04/23/12

TRANS ENERGY INC                        NV       5.02                 04/17/12

TRAVELZOO INC                           DE       2.02,9.01            04/19/12

TRI VALLEY CORP                         DE       2.02,9.01            04/18/12

TRUSTCO BANK CORP N Y                   NY       2.02,9.01            04/23/12

TUESDAY MORNING CORP/DE                 DE       2.02,9.01            04/23/12

ULTRA CLEAN HOLDINGS INC                DE       2.02,9.01            04/23/12

UMH PROPERTIES, INC.                    MD       1.01,9.01            04/18/12

UNITED BANCORP INC /OH/                 OH       2.02,5.07,9.01       04/18/12

UNITED BANCSHARES INC/OH                OH       2.02,7.01,9.01       04/23/12

UNITED STATIONERS INC                   DE       2.02,9.01            04/23/12

UNIVERSAL INSURANCE HOLDINGS, INC.      DE       8.01,9.01            04/23/12

Vantage Drilling CO                     E9       1.01,8.01,9.01       04/20/12

VLOV INC.                               NV       4.01,9.01            04/18/12

VOLTERRA SEMICONDUCTOR CORP                      2.02,9.01            04/23/12

VORNADO REALTY LP                       DE       2.02,5.01,8.01,9.01  04/23/12

VORNADO REALTY TRUST                    MD       2.02,5.01,8.01,9.01  04/23/12

WABASH NATIONAL CORP /DE                DE       1.01,3.02,9.01       04/17/12

WADDELL & REED FINANCIAL INC            DE       5.07                 04/18/12

Walter Energy, Inc.                     DE       3.03                 04/23/12

WASHINGTON TRUST BANCORP INC            RI       2.02,9.01            04/23/12

WEST COAST BANCORP /NEW/OR/             OR       2.02,9.01            04/23/12

Westway Group, Inc.                     DE       1.01,9.01            04/17/12

WOLVERINE WORLD WIDE INC /DE/           MI       2.02,9.01            04/23/12

Woodward, Inc.                          DE       2.02,9.01            04/23/12

WSFS FINANCIAL CORP                     DE       8.01,9.01            04/20/12

WTTJ CORP                               MI       5.03                 01/25/12

XEROX CORP                              NY       2.02,9.01            04/23/12

ZaZa Energy Corp                        DE       3.01,9.01            04/17/12

ZION OIL & GAS INC                      DE       5.02                 04/19/12

ZIONS BANCORPORATION /UT/               UT       2.02,8.01,9.01       01/23/12



Modified: 04/24/2012