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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-99
May 22, 2012

Commission Announcements

SEC Charges Former Yahoo Executive and Former Ameriprise Manager with Insider Trading

On May 21, 2012, the Securities and Exchange Commission charged a former executive at Yahoo! Inc. and a former mutual fund manager at a subsidiary of Ameriprise Financial Inc. with insider trading on confidential information about a search engine partnership between Yahoo and Microsoft Corporation.

The SEC alleges that Robert W. Kwok, who was Yahoo’s senior director of business management, breached his duty to the company when he told Reema D. Shah in July 2009 that a deal between Yahoo and Microsoft would be announced soon. Shah had reached out to Kwok amid market rumors of an impending partnership between the two companies, and Kwok told her the information was kept quiet at Yahoo and only a few people knew of the coming announcement. Based on Kwok’s illegal tip, Shah prompted the mutual funds she managed to buy more than 700,000 shares of Yahoo stock that were later sold for profits of approximately $389,000.

The SEC further alleges that a year earlier, the roles were reversed. Shah tipped Kwok with material nonpublic information about an impending acquisition announcement between two other companies. Kwok traded in a personal account based on the confidential information for profits of $4,754.

Kwok and Shah, who each live in California, have agreed to settle the SEC’s charges. Financial penalties and disgorgement will be determined by the court at a later date. Under the settlements, Shah will be permanently barred from the securities industry and Kwok will be permanently barred from serving as an officer or director of a public company.

“Kwok and Shah played a game of you scratch my back and I’ll scratch yours,” said Scott W. Friestad, Associate Director in the SEC’s Division of Enforcement. “When corporate executives and mutual fund professionals misuse their access to confidential information, they undermine the integrity of our markets and violate the trust placed in them by investors.”

In a parallel criminal case announced today by the U.S. Attorney’s Office for the Southern District of New York, Kwok has pled guilty to conspiracy to commit securities fraud, and Shah has pled guilty to both a primary and conspiracy charge. Both are awaiting sentencing.

According to the SEC’s complaint filed in U.S. District Court for the Southern District of New York, Shah and Kwok first met in January 2008 when Shah was attending a real estate conference in California at the same facility where Yahoo was holding a meeting. The two met in a hallway and began discussing their respective businesses, and thereafter they spoke frequently by phone or in person. Kwok provided Shah with information about Yahoo, including whether Yahoo’s quarterly financial performance was expected to be in line with market estimates. In return, Shah provided Kwok with information she learned in the course of her work, and he used it to help make his personal investment decisions. Both Shah and Kwok benefitted from this exchange of information.

The SEC alleges that in early 2008, shortly after their initial meeting, Shah told Kwok that she had learned through an inside source at Autodesk Inc. that it intended to acquire Moldflow Corporation. Based on this illegal tip that Kwok received from Shah, he purchased 1,500 shares of Moldflow in a personal account from April 7 to April 25. Autodesk and Moldflow announced the acquisition on May 1, and the price of Moldflow stock increased 11 percent. Kwok then sold his shares for a profit.

According to the SEC’s complaint, Shah followed Yahoo closely as a portfolio manager at Ameriprise subsidiary RiverSource Investments LLC and previously at J. & W. Seligman & Co. She believed that the announcement of a partnership between Yahoo and Microsoft would have a positive impact on Yahoo’s stock. In July 2009, when certain media began reporting that a deal could be forthcoming with Microsoft making a large up-front payment to Yahoo, Shah reached out to Kwok for inside information. Both Kwok and Shah knew that Kwok was tipping Shah in breach of his duty to Yahoo. Based on the confidential information she received from Kwok, Shah prompted certain RiverSource funds she helped managed to purchase 700,300 shares of Yahoo on July 16. The largest purchase was made in the Seligman Communications and Information Fund, which alone added approximately 450,000 shares of Yahoo to its holdings. On July 28, the shares were sold and a profit was realized.

The SEC’s complaint charges Kwok and Shah with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In the settlements that are subject to court approval, Kwok and Shah acknowledged the facts to which they pled guilty and consented to judgments that impose permanent injunctions. The settlements also include the bars and to-be-determined financial sanctions.

The SEC’s investigation, which is continuing, has been conducted by Brian O. Quinn and Brian D. Vann in the SEC’s Division of Enforcement. The SEC thanks the U.S. Attorney’s Office for the Southern District of New York and the Federal Bureau of Investigation for their assistance in this matter. (Press Rel. 2012-99; LR-22372)

SEC Charges Two Feeders for One of South Florida's Largest-Ever Ponzi Schemes

The Securities and Exchange Commission today charged two individuals who provided the biggest influx of investor funds into one of the largest-ever Ponzi schemes in South Florida.

The SEC alleges that George Levin and Frank Preve, who live in the Fort Lauderdale area, raised more than $157 million from 173 investors in less than two years by issuing promissory notes from Levin’s company and interests in a private investment fund they operated. They used investor funds to purchase discounted legal settlements from former Florida attorney Scott Rothstein through his prominent law firm Rothstein Rosenfeldt and Adler PA. However, the settlements Rothstein sold were not real and the supposed plaintiffs and defendants did not exist. Rothstein simply used the funds in classic Ponzi scheme fashion to make payments due other investors and support his lavish lifestyle. Rothstein’s Ponzi scheme collapsed in October 2009, and he is currently serving a 50-year prison sentence.

The SEC alleges that Levin and Preve misrepresented to investors that they had procedural safeguards in place to protect investor money when in fact they often purchased settlements without first seeing any legal documents or doing anything to verify that the settlement proceeds were actually in Rothstein’s bank accounts. Moreover, as the Ponzi scheme was collapsing and Rothstein stopped making payments on prior investments, Levin and Preve sought new investor money while falsely touting the continued success of their investment strategy. With their fate tied to Rothstein, Levin and Preve’s settlement purchasing business collapsed along with the Ponzi scheme.

“Levin and Preve fueled Rothstein’s Ponzi scheme with the false sense of security they gave investors,” said Eric I. Bustillo, Director of the SEC’s Miami Regional Office. “They promised to safeguard investors’ assets, but gave Rothstein money with nothing to show for it.”

According to the SEC’s complaint filed in federal court in Miami, Levin and Preve began raising money to purchase Rothstein settlements in 2007 by offering investors short-term promissory notes issued by Levin’s company – Banyon 1030-32 LLC. In 2009, seeking additional funds from investors, they formed a private investment fund called Banyon Income Fund LP that invested exclusively in Rothstein’s settlements. Banyon 1030-32 served as the general partner of the fund, and its profit was generated from the amount by which the settlement discounts obtained from Rothstein exceeded the rate of return promised to investors.

The SEC alleges that the offering materials for the promissory notes and the private fund contained material misrepresentations and omissions. They misrepresented to investors that prior to any settlement purchase, Banyon 1030-32 would obtain certain documentation about the settlements to ensure the safety of the investments. Levin and Preve, however, knew or were reckless in not knowing that Banyon 1030-32 often purchased settlements from Rothstein without obtaining any documentation whatsoever.

Furthermore, the SEC alleges that Banyon Income Fund’s private placement memorandum misrepresented that the fund would be a continuation of a successful business strategy pursued by Banyon 1030-32 during the prior two-and-a-half years. Levin and Preve failed to disclose that by the time the Banyon Income Fund offering began in May 2009, Rothstein had already ceased making payments on a majority of the prior settlements Levin and his entities had purchased. They also failed to inform investors that Levin’s ability to recover his prior investments from Rothstein was contingent on his ability to raise at least $100 million of additional funding to purchase more settlements from Rothstein.

The SEC’s complaint seeks disgorgement of ill gotten gains, financial penalties, and permanent injunctive relief against Levin and Preve to enjoin them from future violations of the federal securities laws.

The SEC’s investigation, which is continuing, has been conducted by senior counsels D. Corey Lawson and Steven J. Meiner and staff accountant Tonya T. Tullis under the supervision of Assistant Regional Director Chad Alan Earnst. Senior trial counsels James M. Carlson and C. Ian Anderson are leading the litigation.

The SEC acknowledges the assistance of the U.S. Attorney’s Office for the Southern District of Florida, the Federal Bureau of Investigation, and the Internal Revenue Service. (Press Rel. 2012-100)

Commission Meetings

Closed Meeting on Tuesday, May 22, 2012 at 4:30 p.m.

The subject matter of the Closed Meeting on May 22 will be examinations of financial institutions and a personnel matter.

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

Enforcement Proceedings

In the Matter of Richard A. Finger, Jr.

On May 22, 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 (Order) against Richard A. Finger, Jr. (Finger). The Order finds that Finger was a registered representative of several broker-dealer firms from 2001 through 2010, and in February 2011, became the chief executive officer of Black Diamond Securities, LLC (Black Diamond), a broker-dealer registered with the Commission with offices in Kirkland, Washington. The Order further finds that based on his guilty plea to one count of wire fraud, Finger was sentenced to 54 months in prison by the United States District Court for the Western District of Washington on April 13, 2012, in United States v. Richard A. Finger, Jr., Crim. No. 2:11-cr-00382-RSM-1. The wire fraud count, the Order finds, alleged that Finger defrauded multiple investors out of millions of dollars by generating significant trading losses in client brokerage accounts, diverting client funds to his benefit through charging excessive commissions, and providing clients with false account statements to conceal his conduct.

The Commission previously filed a civil injunctive action against Finger and Black Diamond. (LR-22087) Upon filing the action in September 2011, the Commission obtained a court order freezing Finger and Black Diamond’s assets and preliminarily enjoining them from violating antifraud provisions of the federal securities laws.

Based on the findings described above, the Commission’s Order bars Finger from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. It also bars him from participating in penny stock offerings. (Rel. 34-67041; File No. 3-14887)

Investment Company Act Releases

Advisors Series Trust

Orinda Asset Management, LLC

An order has been issued on an application filed by Advisors Series Trust and Orinda Asset Management, LLC, 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 permits the applicants to enter into and materially amend subadvisory agreements without shareholder approval and grants relief from certain disclosure requirements. (Rel. IC-30065 - May 21)

Praxis Mutual Funds
Everence Community Investments, Inc.

An order has been issued on an application filed by Praxis Mutual Funds (Trust) and Everence Community Investments, Inc. (ECI). The order amends a prior order to permit the Trust to continue to invest in securities issued by ECI following the implementation of certain changes in ECI’s community development investment program. (Rel. IC-30066 - May 21)

Self-Regulatory Organizations

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by the C2 Options Exchange, Incorporated (SR-C2-2012-013) to amend its Fees Schedule 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 May 21. (Rel. 34-67023)

A proposed rule change filed by The NASDAQ Stock Market LLC to Rule 4751(f)(7) concerning the processing of the Price to Comply Order (SR-NASDAQ-2012-060) 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 May 21. (Rel. 34-67024)

A proposed rule change filed by NYSE Arca, Inc. amending NYSE Arca Equities Rule 7.31(pp) to change the Primary After 3:45 Order to a Primary After 3:55 Order (SR-NYSEArca-2012-42) 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 May 21. (Rel. 34-67033)

A proposed rule change filed by the International Securities Exchange, LLC (SR-ISE-2012-37) to terminate a pilot program related to an incentive plan for certain foreign currency options traded on the Exchange and to make a technical change 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 May 21. (Rel. 34-67035)

A proposed rule change filed by Chicago Mercantile Exchange Inc. (CME) modifying a fee program related to its OTC interest rate swap clearing offering (SR-CME-2012-18) 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 May 21. (Rel. 34-67036)

Designation of Longer Period For Commission Action on a Proposed Rule Change

The Commission has designated a longer period for Commission action, pursuant to Section 19(b)(2) of the Securities Exchange Act of 1934, on a proposed rule change (SR-NYSEArca-2012-26) filed by NYSE Arca, Inc. to list and trade option contracts overlying 10 shares of a security (mini-options contracts) and implement rule text necessary to distinguish mini-options contracts from option contracts overlying 100 shares of a security (standard contracts). Publication is expected in the Federal Register during the week of May 21. (Rel. 34-67034)

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.

        601 CONGRESS STREET, BOSTON, MA, 02210, 617-663-3000 - 
        1,000 ($23.38) Equity, (File 333-181550 - May. 21) (BR. 17)

S-3     Voyager Oil & Gas, Inc., 2718 MONTANA AVENUE, SUITE 220, BILLINGS, MT, 
        59101, 406-245-4902 - 0 ($100,000,000.00) Equity, (File 333-181551 - 
        May. 21) (BR. 04A)

        M5J2J5, 2128587116 - 12,000,000,000 ($12,000,000,000.00) Debt, 
        (File 333-181552 - May. 21) (BR. 12A)

S-8     VanceInfo Technologies Inc., 3/F, BUILDING 8, 
        (86-10) 8282-5266 - 0 ($19,950,000.00) ADRs/ADSs, (File 333-181553 - 
        May. 21) (BR. 03A)

S-8     Vipshop Holdings Ltd, No. 20 Huahai Street, Liwan district,, Guangzhou, 
        F4, 510370, 86 (20) 2233-0000 - 0 ($32,944,994.00) ADRs/ADSs, 
        (File 333-181559 - May. 21) (BR. 02)

S-8     Chemtura CORP, BENSON ROAD, MIDDLEBURY, CT, 06749, 2035732000 - 
        0 ($14,130,000.00) Equity, (File 333-181561 - May. 21) (BR. 06A)

        2127507300 - 0 ($688,228,621.29) Other, (File 333-181563 - May. 21) 
        (BR. 17)

        CA, 92656, 949-389-6700 - 0 ($14,754,137.00) Equity, (File 333-181564 - 
        May. 21) (BR. 01B)

        CO, 80112, 303-922-6463 - 0 ($125,000,000.00) Debt, (File 333-181565 - 
        May. 21) (BR. 09B)

S-8     Facebook Inc, 1601 WILLOW ROAD, MENLO PARK, CA, 94025, 650-618-7714 - 
        605,015,804 ($15,456,895,764.12) Equity, (File 333-181566 - May. 21) 
        (BR. 03C)

F-1     National Commercial Bank Jamaica Ltd, 32 Traflgar Road, Kingston 10, 
        Jamaica, L8, 00000, (866) 622-3477 - 0 ($225,000,000.00) Equity, 
        (File 333-181567 - May. 21) (BR. 07)

        15701, 724-427-2347 - 0 ($15,451,091.00) Equity, (File 333-181568 - 
        May. 21) (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

1st Century Bancshares, Inc.            DE       8.01                 05/21/12

1ST SOURCE CORP                         IN       8.01                 05/16/12

4 KIDS ENTERTAINMENT INC                NY       5.07                 05/21/12

A. H. Belo CORP                         DE       5.07                 05/17/12

ABERCROMBIE & FITCH CO /DE/             DE       2.02,8.01,9.01       05/15/12

Acadia Healthcare Company, Inc.         DE       1.01,8.01,9.01       05/15/12

ACCO BRANDS CORP                        DE       5.02,5.07            05/15/12

ADCARE HEALTH SYSTEMS INC               OH       1.01                 05/15/12

ADVENTRX PHARMACEUTICALS INC            DE       7.01,9.01            05/21/12

AETNA INC /PA/                          PA       5.07                 05/18/12

AGR TOOLS, INC.                         NV       5.07                 05/18/12

ALIGN TECHNOLOGY INC                    DE       5.02,8.01,9.01       05/21/12

ALLIANCE FIBER OPTIC PRODUCTS INC       CA       5.07                 05/18/12

AMC ENTERTAINMENT INC                   DE       7.01,9.01            05/20/12

AMERIANA BANCORP                        IN       5.07                 05/17/12

AMERICAN RIVER BANKSHARES               CA       5.07,8.01,9.01       05/18/12

AMERIGROUP CORP                                  3.02                 05/15/12

Amerilithium Corp.                      NV       4.02                 05/21/12

AMERITRANS CAPITAL CORP                 DE       8.01                 05/16/12

AMETEK INC/                             DE       8.01                 05/21/12

AMYRIS, INC.                            DE       1.01,2.03            05/18/12

ANADARKO PETROLEUM CORP                 DE       5.07                 05/15/12

Andover Holdings, Inc./FL               FL       4.01                 05/17/12

ANN INC.                                DE       5.07                 05/16/12

ANNAPOLIS BANCORP INC                   MD       5.07                 05/21/12

ANSYS INC                               DE       5.03,5.07,9.01       05/17/12

Aon plc                                 X0       5.05,5.07            05/18/12

AOXING PHARMACEUTICAL COMPANY, INC.     FL       5.02                 05/15/12

APARTMENT INVESTMENT & MANAGEMENT CO    MD       7.01,9.01            05/21/12

APRICUS BIOSCIENCES, INC.               NV       4.01,9.01            05/18/12

ARCH COAL INC                           DE       1.04                 05/15/12

ASPEN INSURANCE HOLDINGS LTD            D0       7.01,9.01            05/21/12

ASPEN TECHNOLOGY INC /DE/               DE       8.01,9.01            05/21/12

ASSOCIATED BANC-CORP                    WI       7.01,9.01            05/21/12

ASSOCIATED BANC-CORP                    WI       8.01,9.01            05/21/12

ATLANTIC TELE NETWORK INC /DE           DE       2.03,9.01            05/18/12

Atlas Energy, L.P.                      DE       1.01,2.03,9.01       05/16/12

Atlas Resource Partners, L.P.                    1.01,3.02,7.01,9.01  05/17/12

AUXILIUM PHARMACEUTICALS INC                     1.01,7.01,9.01       05/18/12

AUXILIUM PHARMACEUTICALS INC                     7.01,9.01            05/21/12

AVEO PHARMACEUTICALS INC                DE       8.01                 05/16/12

AXESSTEL INC                            NV       7.01,9.01            05/21/12

BAKER HUGHES INC                        DE       5.02,5.03,9.01       05/21/12

BANCTRUST FINANCIAL GROUP INC           AL       5.02                 05/15/12

BANK OF THE JAMES FINANCIAL GROUP INC   VA       5.07,9.01            05/15/12

Bering Exploration, Inc.                NV       3.02                 05/16/12

BERRY PETROLEUM CO                      DE       5.07                 05/21/12

BERRY PETROLEUM CO                      DE       8.01                 05/21/12

BEST BUY CO INC                         MN       5.02                 05/16/12    AMEND

BIODELIVERY SCIENCES INTERNATIONAL IN   DE       8.01,9.01            05/21/12

BIOTIME INC                             CA       3.02,8.01,9.01       05/18/12

BLACK BOX CORP                          DE       5.02,8.01            05/15/12

Blueknight Energy Partners, L.P.        DE       7.01,9.01            05/21/12

BOSTON PRIVATE FINANCIAL HOLDINGS INC   MA       7.01,8.01,9.01       05/15/12

BOTTOMLINE TECHNOLOGIES INC /DE/        DE       5.02,8.01            05/17/12

BRE PROPERTIES INC /MD/                 MD       5.07                 05/15/12

BROADCOM CORP                           CA       5.07                 05/15/12

CABCO SERIES 2004-101 TRUST (GOLDMAN             8.01,9.01            05/15/12

CABLEVISION SYSTEMS CORP /NY            DE       5.07                 05/18/12

CAMPBELL SOUP CO                        NJ       2.02,9.01            05/21/12

CANO PETROLEUM, INC                              7.01,9.01            05/21/12

CARDINAL HEALTH INC                     OH       8.01,9.01            05/21/12

Cardium Therapeutics, Inc.              DE       8.01,9.01            05/15/12

Care Investment Trust Inc.              MD       2.02,7.01,9.01       05/15/12

CAROLINA BANK HOLDINGS INC              NC       5.02,5.07            05/15/12

CBRE GROUP, INC.                        DE       5.02                 05/15/12

CC Media Holdings Inc                            5.02,5.07,9.01       05/18/12

CDI CORP                                PA       7.01                 05/21/12

CelLynx Group, Inc.                     NV       4.01,9.01            05/11/12

CENTRAL FEDERAL CORP                    DE       5.07                 05/17/12

CENTRAL FEDERAL CORP                    DE       8.01,9.01            05/21/12

CERADYNE INC                            DE       5.07                 05/16/12

CHC Helicopter S.A.                     N4       5.02                 05/15/12

CHDT CORP                               FL       5.03,7.01,8.01       05/16/12

CHEMBIO DIAGNOSTICS, INC.               NV       7.01,9.01            05/21/12

China Auto Logistics Inc                NV       3.01,9.01            05/15/12

China Biologic Products, Inc.                    5.02                 05/21/12

China Carbon Graphite Group, Inc.       NV       2.02,9.01            05/16/12

CHROMCRAFT REVINGTON INC                DE       2.02,9.01            05/15/12

CHUGACH ELECTRIC ASSOCIATION INC        AK       5.03,9.01            05/17/12

CIMAREX ENERGY CO                       DE       5.07                 05/16/12

CITIZENS FIRST CORP                     KY       5.07                 05/16/12

CLEAR CHANNEL COMMUNICATIONS INC        TX       5.02,9.01            05/18/12

Clear Channel Outdoor Holdings, Inc.    DE       5.02,5.07,9.01       05/18/12

CNO Financial Group, Inc.               DE       7.01                 05/18/12

Coastal Carolina Bancshares, Inc.       SC       5.02,9.01            05/16/12

COBIZ FINANCIAL INC                     CO       5.07                 05/17/12

Colonial Financial Services, Inc.       MD       5.07                 05/17/12

COMMUNITY BANK SHARES OF INDIANA INC    IN       5.07                 05/21/12    AMEND

COMPUTER SCIENCES CORP                  NV       8.01                 05/21/12

Consorteum Holdings, Inc.               NV       5.02                 05/18/12

CONVERGYS CORP                          OH       2.01,9.01            05/21/12

Cooper Industries plc                            7.01,8.01,9.01       05/21/12

Copano Energy, L.L.C.                            5.02,5.07,9.01       05/15/12

CoreSite Realty Corp                    MD       5.07                 05/16/12

CORN PRODUCTS INTERNATIONAL INC         DE       5.07                 05/15/12

CORTEX PHARMACEUTICALS INC/DE/          DE       1.01                 05/17/12

COSI INC                                DE       2.02,7.01,9.01       05/17/12

COVENTRY HEALTH CARE INC                DE       5.03,5.07,9.01       05/21/12

CRANE CO /DE/                           DE       9.01                 05/18/12

CRYOLIFE INC                            FL       5.07                 05/16/12

CSS INDUSTRIES INC                      DE       5.02,9.01            05/15/12

Cullen Agricultural Holding Corp        DE       2.01,9.01            05/15/12

CVB FINANCIAL CORP                      CA       7.01,8.01,9.01       05/18/12

CYTOMEDIX INC                           DE       5.03,5.05,5.07,9.01  05/18/12

Cytosorbents Corp                                7.01,9.01            05/16/12

DAVITA INC                              DE       1.01,9.01            05/20/12

DAVITA INC                              DE       7.01,9.01            05/21/12

DDR CORP                                OH       5.02,5.07,9.01       05/15/12

DELPHI FINANCIAL GROUP INC/DE           DE       4.01,9.01            05/15/12

DENBURY RESOURCES INC                   DE       5.03,5.07,7.01,9.01  05/15/12

diaDexus, Inc.                          DE       5.07                 05/17/12

DIAL GLOBAL, INC. /DE/                  DE       1.01,5.02,9.01       05/21/12

DineEquity, Inc                         DE       5.07                 05/15/12

Duke Energy CORP                        DE       8.01,9.01            05/21/12    AMEND

DUPONT FABROS TECHNOLOGY, INC.          MD       5.02,9.01            05/21/12

EAGLE FINANCIAL SERVICES INC            VA       5.07                 05/16/12

EATON CORP                              OH       7.01,8.01,9.01       05/21/12

Echo Therapeutics, Inc.                 DE       1.02                 05/18/12

ECOLOGY COATINGS, INC.                  NV       5.02                 05/21/12

EDIETS COM INC                          DE       5.07                 05/15/12

El Paso Pipeline Partners, L.P.         DE       1.01,3.02,9.01       05/17/12

EMPIRE ENERGY CORP                      UT       8.01,9.01            05/16/12

ENBRIDGE ENERGY PARTNERS LP             DE       1.01,7.01,8.01,9.01  05/16/12

ENERGY PARTNERS LTD                     DE       2.01,9.01            05/15/12

EQUITY ONE, INC.                                 2.02,7.01            05/21/12

EXPEDITORS INTERNATIONAL OF WASHINGTO   WA       7.01                 05/21/12

EXTREME NETWORKS INC                    DE       8.01                 05/21/12

FARO TECHNOLOGIES INC                   FL       5.07                 05/16/12

Federal Home Loan Bank of Dallas                 2.03,9.01            05/15/12

FelCor Lodging Trust Inc                MD       5.07                 05/21/12

FERRELLGAS PARTNERS L P                 DE       7.01                 05/21/12

First Advantage Bancorp                          5.07                 05/21/12

FIRST BANCORP /PR/                      PR       2.02,7.01,9.01       05/21/12

FIRST CHINA PHARMACEUTICAL GROUP, INC   NV       2.02,9.01            05/18/12

FIRST COMMUNITY CORP /SC/               SC       5.02,9.01            05/15/12

FIRST FINANCIAL SERVICE CORP            KY       1.01,8.01,9.01       05/15/12

First Guaranty Bancshares, Inc.         LA       5.07                 05/18/12

FIRST NORTHERN COMMUNITY BANCORP        CA       5.07                 05/15/12

First Sentry Bancshares, Inc.           WV       2.02,9.01            05/17/12

FIRSTFED FINANCIAL CORP                 DE       8.01,9.01            05/15/12

Firsthand Technology Value Fund, Inc.            8.01,9.01            05/21/12

FIVE STAR QUALITY CARE INC                       5.07                 05/15/12

FLOTEK INDUSTRIES INC/CN/               DE       5.02,5.07,9.01       05/18/12

FLUIDIGM CORP                           DE       5.07                 05/16/12

FOOT LOCKER INC                         NY       5.02,5.07,9.01       05/16/12

FRISCHS RESTAURANTS INC                 OH       2.02,9.01            05/16/12

FULLER H B CO                           MN       2.01,9.01            03/05/12    AMEND

FX ENERGY INC                           NV       8.01,9.01            05/20/12

GAMCO INVESTORS, INC. ET AL             NY       8.01,9.01            05/21/12

GDT TEK, Inc.                                    8.01                 04/30/12

GE Dealer Floorplan Master Note Trust   DE       1.01,9.01            05/16/12

GENERAL CABLE CORP /DE/                 DE       1.01,8.01,9.01       05/18/12

Genpact LTD                             D0       5.07                 05/16/12

GENWORTH FINANCIAL INC                  DE       5.02,5.07,9.01       05/17/12

GEORGIA GULF CORP /DE/                  DE       8.01,9.01            05/21/12

GLADSTONE INVESTMENT CORPORATION\DE     DE       2.02,9.01            05/21/12

Goa Sweet Tours Ltd.                             5.01,5.02            05/15/12

GOLDEN GLOBAL CORP.                     NV       1.01,9.01            05/02/12

Grand Canyon Education, Inc.            DE       5.02,5.07            05/17/12

HALLIBURTON CO                          DE       5.02,5.07            05/16/12

HAMPTON ROADS BANKSHARES INC            VA       7.01,9.01            05/21/12

HAMPTON ROADS BANKSHARES INC            VA       5.02,7.01,9.01       05/21/12

HANGER ORTHOPEDIC GROUP INC             DE       5.02,7.01,9.01       05/21/12

HANMI FINANCIAL CORP                    DE       7.01,9.01            05/21/12

HASBRO INC                              RI       5.07                 05/17/12

HASTINGS ENTERTAINMENT INC              TX       2.02,9.01            05/21/12

HEALTHCARE TRUST OF AMERICA, INC.       MD       1.01,9.01            05/21/12

HEARTLAND FINANCIAL USA INC             DE       1.01,3.03,5.02,5.07, 05/16/12
HELMERICH & PAYNE INC                   DE       7.01,9.01            05/21/12

HERITAGE OAKS BANCORP                   CA       7.01,9.01            05/21/12

HOME LOAN SERVICING SOLUTIONS, LTD.     E9       7.01,9.01            05/21/12

HOPFED BANCORP INC                      DE       5.07                 05/16/12

HUDSON VALLEY HOLDING CORP              NY       7.01,9.01            05/21/12

HUGOTON ROYALTY TRUST                   TX       2.02,9.01            05/18/12

HUMANA INC                              DE       7.01,8.01            05/21/12

IBERIABANK CORP                         LA       5.07                 05/16/12

IDACORP INC                             ID       3.03,5.02,5.03,5.07, 05/17/12
IDENIX PHARMACEUTICALS INC              DE       5.02                 05/15/12

IMAGE SENSING SYSTEMS INC               MN       5.07,7.01            05/18/12

Independence Resources PLC              X0       8.01                 05/16/12

INDEPENDENT BANK CORP                   MA       1.01                 05/15/12

InfuSystem Holdings, Inc                DE       2.02,3.01,9.01       05/18/12

INLAND REAL ESTATE CORP                 MD       7.01,9.01            05/21/12

Interactive Intelligence Group, Inc.    IN       5.07                 05/16/12

INTERMUNE INC                           DE       1.01                 05/15/12

Internal Fixation Systems, Inc.         FL       5.02                 05/17/12

INVACARE CORP                           OH       5.02,5.07            05/17/12

Investview, Inc.                        NV       1.01,5.02,9.01       05/15/12

IVAX DIAGNOSTICS INC                    DE       2.02,9.01            05/21/12

J C PENNEY CO INC                       DE       5.07                 05/18/12

Jazz Pharmaceuticals plc                L2       8.01                 05/18/12

JUNIATA VALLEY FINANCIAL CORP           PA       5.07,8.01,9.01       05/15/12

KAR Auction Services, Inc.              DE       5.07                 05/17/12

KBR, INC.                               DE       5.07                 05/21/12

KEY TECHNOLOGY INC                      OR       5.02,9.01            05/16/12

KIMCO REALTY CORP                       MD       8.01,9.01            05/21/12

KIRKLAND'S, INC                                  2.02,9.01            05/18/12

KIT digital, Inc.                       DE       1.01,5.02,9.01       05/16/12

KRISPY KREME DOUGHNUTS INC              NC       2.02,7.01,9.01       05/21/12

KRISPY KREME DOUGHNUTS INC              NC       8.01,9.01            05/21/12

LEAP WIRELESS INTERNATIONAL INC         DE       5.02,5.07            05/17/12

Liberty Global, Inc.                    DE       7.01                 05/21/12

LOUISIANA-PACIFIC CORP                  DE       1.01,8.01,9.01       05/18/12

LOWES COMPANIES INC                     NC       2.02,9.01            05/21/12

Macy's, Inc.                            DE       5.07                 05/18/12

MANTHEY REDMOND Corp                    DE       1.01,9.01            05/17/12

Mastech Holdings, Inc.                  PA       5.07                 05/16/12    AMEND

MB FINANCIAL INC /MD                             7.01                 05/21/12

MEADOWBROOK INSURANCE GROUP INC         MI       5.07                 05/17/12

MEDALLION FINANCIAL CORP                DE       8.01,9.01            05/21/12

MEDICAL PROPERTIES TRUST INC                     5.07                 05/17/12

MEDICIS PHARMACEUTICAL CORP             DE       8.01                 05/16/12

Medytox Solutions, Inc.                 NV       1.01,2.03            05/14/12    AMEND

MEMC ELECTRONIC MATERIALS INC           DE       5.02                 05/15/12

MESA LABORATORIES INC /CO               CO       1.01,2.01,9.01       05/15/12

MESA ROYALTY TRUST/TX                   TX       2.02,9.01            05/21/12

METRO BANCORP, INC.                              5.07                 05/17/12

MF Global Holdings Ltd.                 DE       7.01,9.01            05/15/12

Midway Gold Corp                        A1       5.02,7.01,9.01       05/18/12

Monster Offers                          NV       5.02                 05/14/12

MORGANS FOODS INC                       OH       5.03,9.01            05/17/12

Motorola Mobility Holdings, Inc                  8.01                 05/19/12

MULTI COLOR Corp                        OH       2.02,9.01            05/21/12

MYOS Corp                               NV       5.03,9.01            05/15/12

NATIONAL BANCSHARES CORP /OH/           OH       2.02                 05/15/12

NATIONAL HEALTH INVESTORS INC           MD       7.01                 05/21/12

NATIONAL HOLDINGS CORP                  DE       2.02,9.01            05/16/12

NEW YORK MORTGAGE TRUST INC             MD       5.07                 05/17/12

NEWCASTLE INVESTMENT CORP               MD       1.01,9.01            05/18/12

NEWS CORP                                        8.01,9.01            05/21/12

Next 1 Interactive, Inc.                NV       5.03,9.01            05/17/12

NEXTERA ENERGY INC                      FL       8.01,9.01            05/21/12

NGL Energy Partners LP                  DE       1.01,3.02,5.02,7.01, 05/17/12
NightCulture, Inc.                      NV       1.01,2.01,3.02,9.01  05/21/12

NORDSON CORP                            OH       1.01,9.01            05/18/12

NORDSON CORP                            OH       2.02,9.01            05/21/12

NORTHEAST BANCORP /ME/                  ME       8.01,9.01            05/21/12

NOVAVAX INC                             DE       8.01,9.01            05/18/12

NPS PHARMACEUTICALS INC                 DE       5.07                 05/16/12

OGLETHORPE POWER CORP                   GA       7.01,9.01            05/21/12

Oiltanking Partners, L.P.               DE       1.01,2.03,9.01       05/16/12

ONEOK INC /NEW/                         OK       7.01,9.01            05/21/12

ONEOK Partners LP                       DE       7.01,9.01            05/21/12

Pacific Coast Oil Trust                 DE       2.02,9.01            05/21/12

PACIFIC CONTINENTAL CORP                OR       8.01                 05/21/12

PACIFIC MERCANTILE BANCORP              CA       3.03,5.02,5.07,9.01  05/17/12

PACIFIC OFFICE PROPERTIES TRUST, INC.   MD       5.07                 05/18/12

PAR PHARMACEUTICAL COMPANIES, INC.      DE       5.07                 05/17/12

PAR TECHNOLOGY CORP                     DE       5.02                 05/16/12

PATRIOT NATIONAL BANCORP INC            CT       2.02,9.01            05/18/12

PEABODY ENERGY CORP                     DE       1.04                 05/15/12

PEERLESS SYSTEMS CORP                   DE       4.01,9.01            05/17/12

PENSON WORLDWIDE INC                    DE       1.01,1.02            05/15/12

PEPCO HOLDINGS INC                      DE       7.01,9.01            05/21/12

PEREGRINE PHARMACEUTICALS INC           DE       8.01,9.01            05/21/12

PINNACLE AIRLINES CORP                  DE       1.01                 05/15/12

PITNEY BOWES INC /DE/                   DE       7.01,9.01            05/21/12

PMX Communities, Inc.                   NV       8.01,9.01            04/18/12

POPULAR INC                                      5.04,9.01            05/18/12

PPL Corp                                         5.07                 05/16/12

PROASSURANCE CORP                       DE       7.01,9.01            05/21/12

PROGUARD ACQUISITION CORP                        9.01                 05/07/12    AMEND

PROTECT PHARMACEUTICAL Corp             NV       9.01                 05/18/12

PUBLIC SERVICE ENTERPRISE GROUP INC     NJ       7.01,9.01            05/21/12

PURE BIOSCIENCE, INC.                   DE       1.02                 05/18/12

Pzena Investment Management, Inc.       DE       5.07                 05/17/12

Q LOTUS HOLDINGS INC                    NV       1.01,2.03,3.02,9.01  05/02/12

QUANTA SERVICES INC                     DE       5.07                 05/17/12

QUIDEL CORP /DE/                        DE       5.03,5.07,9.01       05/15/12

QUINSTREET, INC                         DE       5.02                 05/18/12

RADIENT PHARMACEUTICALS Corp            DE       1.01,8.01,9.01       05/17/12

RADIOSHACK CORP                         DE       5.07                 05/17/12

RAILAMERICA INC /DE                     DE       5.07,8.01            05/17/12

RAYONIER INC                            NC       5.02                 05/18/12    AMEND

REAL ESTATE ASSOCIATES LTD VII          CA       8.01                 05/17/12

RECOVERY ENERGY, INC.                   NV       5.02,9.01            05/18/12

REDWOOD TRUST INC                       MD       5.02,5.03,5.07,9.01  05/17/12

REGIONS FINANCIAL CORP                  DE       7.01,9.01            05/21/12

RELIANCE STEEL & ALUMINUM CO            CA       5.07,9.01            05/16/12

REPUBLIC SERVICES, INC.                 DE       8.01,9.01            05/21/12

REVA Medical, Inc.                      DE       7.01,9.01            05/20/12

RIMAGE CORP                             MN       5.07                 05/17/12

Riverbed Technology, Inc.               DE       8.01,9.01            05/21/12

Rockville Financial, Inc. /CT/          CT       5.07                 05/17/12

ROWAN COMPANIES PLC                     X0       1.01,2.03,9.01       05/16/12

ROYAL BANCSHARES OF PENNSYLVANIA INC    PA       2.02,5.07,9.01       05/15/12

RR Donnelley & Sons Co                  DE       5.07                 05/17/12

Sara Lee Corp                           MD       1.01,2.03,8.01,9.01  05/15/12

SCOTTS LIQUID GOLD INC                  CO       5.07                 05/16/12

Scripps Networks Interactive, Inc.      OH       5.02,5.07,9.01       05/15/12

SEACHANGE INTERNATIONAL INC             DE       7.01,9.01            05/21/12

SILICON LABORATORIES INC                DE       1.01,2.01,9.01       05/16/12

SIMON PROPERTY GROUP INC /DE/           DE       5.02,5.07,9.01       05/17/12

Sino Clean Energy Inc                   NV       8.01                 05/18/12

SKECHERS USA INC                        DE       1.01,7.01,9.01       05/16/12

SMITH & WESSON HOLDING CORP             NV       2.02,9.01            05/21/12

Solar Capital Ltd.                      MD       5.02,9.01            05/21/12

Solar Senior Capital Ltd.               MD       5.02,9.01            05/21/12

SOUNDBITE COMMUNICATIONS INC                     5.07                 05/16/12

SOUTHEASTERN BANKING CORP               GA       5.07                 05/17/12

SP Bancorp, Inc.                        MD       5.07,9.01            05/17/12

SPAR GROUP INC                          DE       5.07                 05/18/12

SPARE BACKUP, INC.                      DE       5.02                 05/15/12

SPARTA COMMERCIAL SERVICES, INC.        NV       8.01                 05/21/12

SPARTAN STORES INC                      MI       7.01                 05/21/12

SPLUNK INC                              DE       5.02,9.01            05/18/12

STEMCELLS INC                           DE       3.01                 05/16/12

STRATEGIC DIAGNOSTICS INC/DE/           DE       5.02,5.07,8.01       05/15/12

SUBURBAN PROPANE PARTNERS LP            DE       7.01                 05/21/12

SUMMIT FINANCIAL GROUP INC              WV       5.07                 05/17/12

SUPERIOR INDUSTRIES INTERNATIONAL INC   CA       5.07                 05/18/12

TECH DATA CORP                          FL       2.02,9.01            05/21/12

TELEPHONE & DATA SYSTEMS INC /DE/       DE       5.07                 05/17/12

THERAGENICS CORP                        DE       5.07                 05/21/12

THERMOENERGY CORP                       DE       5.02                 05/15/12

Thompson Creek Metals CO Inc.           A6       7.01,9.01            05/18/12

TIDEWATER INC                           DE       2.02,9.01            05/21/12

TIME WARNER INC.                        DE       5.07                 05/15/12

TNP Strategic Retail Trust, Inc.        MD       7.01,8.01,9.01       05/18/12

TOR MINERALS INTERNATIONAL INC          DE       8.01,9.01            05/21/12

TOR MINERALS INTERNATIONAL INC          DE       1.01,9.01            05/21/12

TransMontaigne Partners L.P.            DE       7.01,9.01            05/21/12

Transocean Ltd.                         V8       5.07                 05/18/12

TRINITY CAPITAL CORP                    NM       5.07,8.01,9.01       05/18/12

Trunity Holdings, Inc.                  DE       5.03                 05/18/12

Trunkbow International Holdings Ltd     NV       2.02,9.01            05/21/12

TX Holdings, Inc.                       GA       1.01                 05/21/12

ULTIMATE SOFTWARE GROUP INC             DE       5.02,5.07,9.01       05/18/12

US BANCORP \DE\                         DE       7.01,9.01            05/21/12

US ECOLOGY, INC.                        DE       5.07                 05/17/12

US HOME SYSTEMS INC                     DE       1.01,9.01            05/21/12

VALIDUS HOLDINGS LTD                             5.02,9.01            05/21/12

VIDAROO Corp                                     1.01,9.01            05/16/12

WESTAR ENERGY INC /KS                   KS       5.07                 05/17/12

WESTERN DIGITAL CORP                    DE       3.01,7.01,9.01       05/18/12

WESTINGHOUSE AIR BRAKE TECHNOLOGIES C   DE       5.07,8.01,9.01       05/21/12

WILLIAMS COMPANIES INC                  DE       5.07                 05/17/12

World Energy Solutions, Inc.            DE       5.07                 05/17/12

X-Factor Communications Holdings, Inc   DE       1.01,2.01,3.02,4.01, 05/15/12
XCEL ENERGY INC                         MN       7.01                 05/21/12

XILINX INC                              DE       7.01                 05/18/12

YOU ON DEMAND HOLDINGS, INC.            NV       1.01,9.01            05/21/12


Modified: 05/22/2012