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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-123
June 26, 2012

Commission announcements

SEC Sues Fund Adviser for Fees Charged in Breach of Duty Under the Investment Company Act

The Securities and Exchange Commission today sued AMMB Consultant Sendirian Berhad (AMC), a Malaysian investment adviser, alleging that for more than a decade, AMC charged a U.S. registered fund for advisory services that AMC did not provide. The SEC alleges that by doing so, AMC breached its fiduciary duty with respect to compensation under the Investment Company Act of 1940.

Kuala Lumpur-based AMC served as a sub-adviser to the Malaysia Fund, Inc., a closed-end fund that invests in Malaysian companies, whose principal investment adviser is Morgan Stanley Investment Management, Inc. (MSIM). The SEC alleges that AMC misrepresented its services during the fund’s annual advisory agreement review process for each year for more than 10 years, and AMC collected fees for advisory services that it did not provide.

AMC, a unit of AMMB Holdings Berhad, one of Malaysia’s largest banking groups, agreed to pay $1.6 million to settle the SEC’s charges, without admitting or denying the allegations. The case follows the SEC’s recent related action against the Malaysia Fund’s primary adviser, MSIM, and is part of an inquiry into the investment advisory contract renewal process by the SEC Enforcement Division’s Asset Management Unit.

“We are committed to ensuring that advisers to registered funds adhere to their fiduciary duty with respect to the receipt of compensation. Here, AMC breached that duty by charging fees for services that were not rendered,” said Bruce Karpati, Chief of the Asset Management Unit in the SEC’s Division of Enforcement.

AMC’s advisory fees were approved each year from 1996 to 2007 as part of the “15(c) process,” a reference to Section 15(c) of the Investment Company Act of 1940, which requires a registered fund’s board to annually evaluate the fund’s advisory agreements, and advisers to provide the board with information reasonably necessary to make that evaluation.

According to the SEC, AMC submitted a report to the Malaysia Fund’s board of directors each year that falsely claimed that AMC was providing specific advice, research, and assistance to MSIM for the benefit of the fund. In reality, the SEC’s complaint said AMC’s services were limited to providing two monthly reports based on publicly available information that MSIM did not request or use. Moreover, the SEC alleged that AMC failed to adopt and implement adequate policies, procedures, and controls over its advisory business, contrary to certifications provided to the fund’s directors in 2006 and 2007. AMC’s advisory agreement with the fund was terminated in early 2008 after the SEC’s examination staff inquired about the services AMC was purportedly providing to the fund.

The SEC’s complaint, filed in the U.S. District Court for the District of Columbia, alleges that AMC breached its fiduciary duty with respect to the receipt of compensation within the meaning of Section 36(b) of the Investment Company Act of 1940. The SEC also alleges that AMC violated Sections 206(2) and (4) of the Investment Advisers Act of 1940, and Rule 206(4)-7 thereunder, and Section 15(c) of the Investment Company Act of 1940. AMC consented to a judgment that bars it from violating these provisions in the future. AMC has also agreed to disgorge $1.3 million of its advisory fees paid by the fund and pay a $250,000 penalty.

Chad Alan Earnst, Christine Lynch, and Jessica Weiner, of the Enforcement Division’s Asset Management Unit staff, conducted the investigation along with Tonya Tullis and Edward D. McCutcheon. Karen Stevenson, Susan Schneider, and Dennis Delaney conducted the related examinations.

The SEC acknowledges the assistance of the Securities Commission of Malaysia and the Monetary Authority of Singapore. (Press Rel. 2012-120)

SEC Charges Founder of Equity Research Firm With Insider Trading

The Securities and Exchange Commission today charged Tai Nguyen, the owner of the California-based equity research firm Insight Research, with insider trading. The charges stem from the SEC’s ongoing investigation of insider trading involving so-called “expert networks” that provide specialized information to investment firms.

The SEC alleges that from 2006 through 2009, Nguyen frequently traded in the securities of Abaxis, Inc. based on inside information he received from a close relative employed at Abaxis. Nguyen repeatedly traded for himself in advance of the company’s quarterly earnings announcements while in possession of key data in those announcements, reaping tens of thousands of dollars in illicit profits. Nguyen also passed that same information to hedge fund clients of Insight Research, who used the inside information to make millions of dollars in profits from trading Abaxis securities.

“Nguyen claimed expertise in researching and analyzing technology companies, but his special edge was his willingness to break the law,” said Sanjay Wadhwa, Associate Director of the SEC’s New York Regional Office and Deputy Chief of the Market Abuse Unit. “Like many other so-called ‘experts’ who trafficked in inside information, Nguyen now finds himself the subject of an enforcement action.”

The SEC has charged 23 defendants in enforcement actions arising out of its expert networks investigation, which has uncovered widespread insider trading at several hedge funds and other investment advisory firms. The insider trading alleged by the SEC has yielded illicit gains of more than $117 million, chiefly in shares of technology companies, including Apple, Dell, Fairchild Semiconductor, and Marvell Technology.

According to the SEC’s complaint, filed in federal court in Manhattan, Nguyen regularly obtained material nonpublic information about Abaxis Inc.’s quarterly earnings -- including revenues, gross profit margins and earnings per share -- from a relative who worked in Abaxis’s finance department. Nguyen used the information to trade Abaxis securities in his own account and reaped approximately $145,000 in illicit trading profits from 2006 through 2009.

In addition to trading in his own account, the SEC alleges that Nguyen passed the inside information to New York-based Barai Capital Management and Boston-based Sonar Capital Management, both of which were clients of Nguyen’s firm, Insight Research. The two hedge fund managers – who collectively were paying Insight Research tens of thousands of dollars each month – traded Abaxis securities based on the inside information that Nguyen provided and reaped more than $7.2 million in illicit gains for their hedge funds.

The SEC’s complaint charges Nguyen with violating the anti-fraud provisions of U.S. securities laws and seeks a final judgment ordering him to disgorge his ill-gotten gains, with interest, and pay financial penalties, and permanently barring him from future violations.

The SEC’s investigation is continuing. Daniel Marcus and Joseph Sansone, members of the SEC’s Market Abuse Unit in New York, conducted the investigation, along with Matthew Watkins, Neil Hendelman, Diego Brucculeri, and James D’Avino of the New York Regional Office. 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 the matter. (Press Rel. 2012-121)

Enforcement proceedings

Delinquent Filer’s Stock Registration Revoked

The registration of the registered securities of Global Teledata Corp. has been revoked. It had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, it violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocation was ordered in an administrative proceeding before an administrative law judge. (Rel. 34-67254; File No. 3-14902)

In the Matter of Roberto Aleph Espinosa

On June 26, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) and Section 203(f) of the Investment Advisers Act of 1940 (Advisers Act), Making Findings and Imposing Remedial Sanctions (Order) against Roberto Aleph Espinosa. The Order finds that on June 12, 2012, a final judgment was entered against Espinosa, permanently enjoining him from future violations of Section 15(a) of the Exchange Act, Sections 206(1), 206(2), 206(4), and Rule 206(4)-8(a) of the Advisers Act, and aiding and abetting violations of Sections 206(1), 206(2), 206(4), and Rule 206(4)-8(a) of the Advisers Act in the civil action entitled Securities and Exchange Commission v. Jorge Gomez and Roberto Aleph Espinosa, Civil Action Number 12-CV-21962-Ungaro, in the United States District Court for the Southern District of Florida.

The complaint alleged that from October 2008 to September 2010, Espinosa, through Aleph, operated as a broker-dealer while he was not registered with the Commission as a broker or dealer and was not associated with an entity registered as a broker or dealer. In addition, while serving as investment adviser to a client (the Client), Espinosa observed the Client’s co-adviser withdraw more than $4.3 million from the Client’s brokerage account without alerting the Client to the activity. Moreover, upon receipt of a September 11, 2010 email, which alerted Espinosa to the possibility that the co-adviser was committing fraud, Espinosa failed to alert the client to the email or raise the issue of potential fraud with the Client. In addition, Espinosa failed to disclose various fees to the Client and his other investment advisory clients including the ACG Global Fund, Ltd.

Based on the above, the Order bars Espinosa, with the right to apply for reentry after three years, from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical ratings organization. The Order also bars Espinosa from participating in any offering of a penny stock. Espinosa consented to the issuance of the Order without admitting or denying any of the findings in Order, except he admitted to the entry of the injunction. (Rel. 34-67267; IA-3423; File No. 3-14927)


Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by Financial Industry Regulatory Authority, Inc. to amend Sections 4 and 6 of Schedule A to the FINRA By-Laws regarding fees relating to the Central Registration Depository (SR-FINRA-2012-030) 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 July 2. (Rel. 34-67247)

A proposed rule change filed by the International Securities Exchange, LLC to amend the Exchange’s Obvious Error rule (SR-ISE-2012-56) 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 July 2. (Rel. 34-67251)

Approval of Proposed Rule Changes

The Commission granted approval of a proposed rule change (SR-NYSEArca-2012-19), as modified by Amendment No. 1 thereto, submitted by NYSE Arca, Inc. pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to amend Commentary .01 to NYSE Arca Rule 6.35. Publication is expected in the Federal Register during the week of July 2. (Rel. 34-67248)

The Commission approved a proposed rule change submitted by NYSE Arca, Inc. (SR-NYSEArca-2012-05), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder, adding new paragraph (cc) to NYSE Arca Options Rule 6.62 to provide for a Post No Preference Light Only quotation. Publication is expected in the Federal Register during the week of July 2. (Rel. 34-67252)


The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue.

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

S-8     EWaste Systems, Inc., 101 FIRST STREET, NUMBER 493, LOS ALTOS, CA, 
        94022, 650-283-2907 - 5,000,000 ($175,000.00) Debt, (File 333-182304 - 
        Jun. 25) (BR. 02)

S-1     Linn Co LLC, 600 Travis Suite 5100, Houston, TX, 77002, 281-840-4000 - 
        0 ($1,000,000,000.00) Equity, (File 333-182305 - Jun. 25) (BR. 04A)

S-4     Energy Transfer Partners, L.P., 3738 OAK LAWN AVENUE, DALLAS, TX, 
        75219, 214-981-0700 - 
        56,709,855 ($2,368,947,433.00) Limited Partnership Interests, 
        (File 333-182306 - Jun. 25) (BR. 02B)

        704-566-2400 - 0 ($85,125,055.00) Equity, (File 333-182307 - Jun. 25) 
        (BR. 02A)

        1400 16TH STREET, SUITE 400, DENVER, CO, 80202, 720.932.8389 - 
        0 ($1,570,000.00) Equity, (File 333-182309 - Jun. 25) (BR. 06C)

        442089786000 - 0 ($25,008,929.00) Equity, (File 333-182315 - Jun. 25) 
        (BR. 09B)

        75225, 9727133700 - 1,000,000 ($40,685,000.00) Equity, 
        (File 333-182318 - Jun. 25) (BR. 03B)

S-3     Kandi Technologies Corp, JINHUA CITY INDUSTRIAL ZONE, 
        ZHEJIANG PROVINCE, JINHUA, F4, 321016, (86-0579) 82239851 - 
        2,354,212 ($6,238,661.80) Equity, (File 333-182319 - Jun. 25) (BR. 05C)

S-8     RITE AID CORP, 30 HUNTER LANE, CAMP HILL OWN, PA, 17011, 7177612633 - 
        0 ($33,772,500.00) Equity, (File 333-182320 - Jun. 25) (BR. 01B)

S-8     HiSoft Technology International Ltd, 33 LIXIAN STREET, 
        86-411-8455-6655 - 0 ($33,214,288.10) ADRs/ADSs, (File 333-182321 - 
        Jun. 25) (BR. 03C)

        10018, 646-839-8800 - 19,775,632 ($9,195,668.89) Equity, 
        (File 333-182326 - Jun. 25) (BR. 03B)

F-1     Rosetta Genomics Ltd., 10 PLAUT STREET, SCIENCE PARK, POB 4059, 
        REHOVOT, L3, 76706, 972-73-222-0700 - 0 ($35,000,000.00) Equity, 
        (File 333-182329 - Jun. 25) (BR. 01A)

        98121, 2062827100 - 0 ($8,193,277.30) Equity, (File 333-182330 - 
        Jun. 25) (BR. 01A)

        6123305500 - 1,200,000,000 ($1,200,000,000.00) Debt, (File 333-182331 - 
        Jun. 25) (BR. 02C)


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

ACCELERATED ACQUISITIONS XVIII          DE       5.03,9.01            06/18/12

AFFYMETRIX INC                          DE       1.01,2.01,2.03,9.01  06/25/12

ALEXANDERS J CORP                       TN       8.01,9.01            06/25/12

ALL AMERICAN PET COMPANY, INC.          NV       1.01,9.01            06/11/12

AMETEK INC/                             DE       5.02                 06/25/12

AMP Holding Inc.                        NV       1.01,2.03,3.02,9.01  05/02/12

APARTMENT INVESTMENT & MANAGEMENT CO    MD       1.01,9.01            06/21/12

Apartment Trust of America, Inc.                 7.01,9.01            06/25/12

APOLLO GROUP INC                        AZ       2.02,5.02,9.01       06/21/12

APPLETON PAPERS INC/WI                           1.01,9.01            06/20/12

Asia Green Agriculture Corp             NV       5.07                 06/25/12

AspenBio Pharma, Inc.                   CO       3.01,8.01,9.01       06/25/12

Astex Pharmaceuticals, Inc              DE       5.07                 06/22/12

ATLANTIC POWER CORP                     A1       5.07                 06/22/12

ATLANTIC POWER CORP                     A1       8.01                 06/25/12

AUTOBYTEL INC                           DE       5.07,8.01,9.01       06/21/12

AXIS CAPITAL HOLDINGS LTD                        5.02,9.01            06/25/12

BAYLAKE CORP                            WI       5.02,9.01            06/19/12

BeesFree, Inc.                          NV       5.02,7.01,9.01       06/19/12

BEST BUY CO INC                         MN       5.02,9.01            06/21/12

Black Sea Metals Inc.                   NV       7.01,9.01            06/21/12

BONAMOUR PACIFIC INC                    NV       1.01,3.02,3.03,5.03  06/21/12

BRT REALTY TRUST                        MA       1.01,2.01,2.03,9.01  06/20/12

Burger King Worldwide, Inc.             DE       1.01,3.02,4.01,5.01, 06/19/12
CALLON PETROLEUM CO                     DE       1.01,2.03,7.01,9.01  06/19/12

Calumet Specialty Products Partners,    DE       1.01,8.01,9.01       06/21/12

CAPSTEAD MORTGAGE CORP                  MD       5.02,9.01            06/20/12

Carbon Natural Gas Co                   DE       8.01,9.01            06/05/12    AMEND

CATALYST HEALTH SOLUTIONS, INC.         DE       8.01                 06/25/12

CATERPILLAR INC                         DE       1.01,9.01            06/21/12

CENTURYLINK, INC                        LA       8.01,9.01            06/25/12

CHICOS FAS INC                          FL       5.02,5.07,8.01,9.01  06/21/12

China Intelligence Information System   NV       5.02                 06/19/12

China Natural Gas, Inc.                 DE       4.01,9.01            04/20/12    AMEND

CHINA SUN GROUP HIGH-TECH CO            NC       5.02                 06/19/12

CHINACAST EDUCATION CORP                DE       3.01,8.01            06/19/12

CIFC Corp.                              DE       5.02                 06/19/12

CNS RESPONSE, INC.                      DE       1.01,2.03            06/19/12

COBRA ELECTRONICS CORP                  DE       5.02,9.01            06/20/12

COEUR D ALENE MINES CORP                ID       2.06,7.01,8.01,9.01  06/25/12

COINSTAR INC                            DE       7.01,8.01,9.01       06/22/12

Command Center, Inc.                    WA       4.01,9.01            06/19/12    AMEND

COMMUNITY FIRST BANCORP                 SC       5.07                 06/21/12

COMPREHENSIVE CARE CORP                 DE       1.01,8.01,9.01       06/20/12

Computer Software Innovations, Inc.     DE       5.02,9.01            06/01/12

COOPER COMPANIES INC                    DE       8.01,9.01            06/25/12

Cord Blood America, Inc.                FL       1.01,2.03,8.01,9.01  06/22/12

DEPOMED INC                             CA       1.01,2.01            06/21/12

DIAMOND HILL INVESTMENT GROUP INC       OH       8.01,9.01            06/25/12

Digital Cinema Destinations Corp.       DE       8.01,9.01            06/25/12

DOLLAR THRIFTY AUTOMOTIVE GROUP INC     DE       1.01,9.01            06/22/12

Duke Energy CORP                        DE       8.01,9.01            06/25/12

DUNKIN' BRANDS GROUP, INC.              DE       7.01,9.01            06/25/12

DYNEGY INC.                             DE       7.01,9.01            06/25/12

EAGLE MATERIALS INC                     DE       5.02                 06/19/12

EATON CORP                              OH       7.01,9.01            06/22/12

EBIX INC                                DE       8.01                 06/19/12    AMEND

Echo Global Logistics, Inc.             DE       5.02,5.07            06/20/12

EDUCATION MANAGEMENT CORPORATION                 7.01                 06/21/12

Elevate, Inc.                           NV       5.02                 04/30/12

ELLIE MAE INC                           DE       8.01,9.01            06/25/12

ENDEAVOUR INTERNATIONAL CORP            NV       7.01,9.01            06/25/12

Energy Transfer Partners, L.P.          DE       8.01,9.01            06/22/12

ENNIS, INC.                             TX       2.02,9.01            06/25/12

EQUITY RESIDENTIAL                      MD       5.07                 06/25/12

ESP Resources, Inc.                     NV       3.02                 06/19/12

EVOLVING SYSTEMS INC                    DE       5.07                 06/20/12

Exelis Inc.                             IN       5.02                 06/25/12

Expedia, Inc.                                    8.01,9.01            06/25/12

Exterra Energy Inc.                     NV       7.01,9.01            06/20/12

EZCORP INC                              DE       5.02                 06/19/12

F&M BANK CORP                           VA       5.02                 06/21/12

Facebook Inc                                     5.02                 06/24/12

Federal Home Loan Bank of Dallas                 2.03,9.01            06/19/12

Federal Home Loan Bank of Pittsburgh    PA       5.02                 06/22/12

FEDERAL SIGNAL CORP /DE/                DE       1.01,5.02,9.01       06/20/12

FIRST HORIZON NATIONAL CORP             TN       7.01                 06/25/12

FIRST PLACE FINANCIAL CORP /DE/         DE       5.02,9.01            06/25/12

FLOTEK INDUSTRIES INC/CN/               DE       7.01,9.01            06/25/12

FOREST OIL CORP                         NY       5.02,9.01            06/21/12

FRANKLIN COVEY CO                       UT       2.02,8.01,9.01       06/25/12

FXCM Inc.                                        2.01,9.01            06/21/12

General Maritime Corp / MI                       3.02                 06/19/12

GENERAL RED INTERNATIONAL, INC.         TX       1.01,2.01,9.01       06/30/11

GeoMet, Inc.                            DE       1.01,7.01,9.01       06/21/12

GEORESOURCES INC                        CO       8.01,9.01            06/25/12

GeoVax Labs, Inc.                       DE       5.07                 06/21/12

GILLA INC.                              NV       1.01,9.01            06/25/12

GILLA INC.                              NV       1.01                 06/22/12

GLIMCHER REALTY TRUST                   MD       1.01,2.03            06/21/12

GLOBAL PARTNERS LP                               5.02,5.07,9.01       06/22/12

GOLDEN GRAIN ENERGY                     IA       8.01,9.01            06/25/12

GOLDMAN SACHS GROUP INC                 DE       9.01                 06/25/12

GULFSLOPE ENERGY, INC.                  DE       1.01,5.02,9.01       06/20/12

HALCON RESOURCES CORP                   DE       7.01,8.01,9.01       06/25/12

HALCON RESOURCES CORP                   DE       8.01,9.01            06/25/12

HAMPTON ROADS BANKSHARES INC            VA       5.02,5.03,5.07,9.01  06/25/12

HAYNES INTERNATIONAL INC                DE       8.01,9.01            06/25/12

HELMERICH & PAYNE INC                   DE       7.01,9.01            06/25/12

HERITAGE COMMERCE CORP                  CA       5.02,9.01            06/25/12

Hicks Acquisition CO II, Inc.                    8.01,9.01            06/22/12

HollyFrontier Corp                      DE       5.02,7.01,9.01       06/25/12

HOPFED BANCORP INC                      DE       1.01,5.02,9.01       06/23/10

Huron Consulting Group Inc.             DE       1.01,9.01            06/25/12

IAC/INTERACTIVECORP                     DE       5.07                 06/20/12

ID SYSTEMS INC                          DE       5.07                 06/21/12

India Globalization Capital, Inc.       MD       2.01,9.01            06/21/12

INNSUITES HOSPITALITY TRUST             OH       1.01,2.03,9.01       06/22/12

InspireMD, Inc.                         DE       8.01,9.01            06/25/12

INTERNAP NETWORK SERVICES CORP          DE       5.02                 06/21/12

Iridium Communications Inc.             DE       1.01                 06/19/12

KENSEY NASH CORP                        DE       3.01,3.02,3.03,5.01, 06/19/12
Kohlberg Capital CORP                   DE       5.07                 06/22/12

Longhai Steel Inc.                      NV       7.01,9.01            06/25/12

Macquarie Equipment Leasing Fund, LLC   DE       5.02                 06/19/12

MAGNEGAS CORP                           DE       5.02,5.03,5.05,8.01, 06/19/12

Magyar Bancorp, Inc.                    DE       5.02,9.01            06/21/12

Manning & Napier, Inc.                           5.07                 06/20/12

Mantra Venture Group Ltd.                        1.01,9.01            06/19/12

MAP Pharmaceuticals, Inc.               DE       8.01,9.01            06/25/12

MATTMAR MINERALS INC                             4.01,9.01            06/25/12

MCCLATCHY CO                            DE       1.01,9.01            06/22/12

MCMORAN EXPLORATION CO /DE/             DE       8.01                 06/22/12

MERRILL LYNCH DEPOSITOR INC PREFERRED   NY       8.01,9.01            06/15/12

MERRILL LYNCH DEPOSITOR INC PREFERRED   DE       8.01,9.01            06/15/12

MERRILL LYNCH DEPOSITOR PREFERREDPLUS   DE       8.01,9.01            06/15/12

MITCHAM INDUSTRIES INC                  TX       7.01                 06/25/12

Mobile Integrated Systems, Inc.         NV       5.02,8.01            04/30/12    AMEND

NATIONAL WESTERN LIFE INSURANCE CO      CO       5.07                 06/22/12

Neologic Animation Inc                  NV       5.02                 06/25/12

NETWORK ENGINES INC                     DE       2.03,9.01            06/22/12

NEUSTAR INC                                      5.03,5.07,9.01       06/20/12

New York & Company, Inc.                         5.07                 06/20/12

NEWPARK RESOURCES INC                   DE       7.01,9.01            06/25/12

NEWS CORP                                        8.01,9.01            06/25/12

NGL Energy Partners LP                  DE       1.01,2.01,2.03,3.02, 06/19/12

NORTEL NETWORKS CORP                             1.01,8.01,9.01       06/19/12

NOVATEL WIRELESS INC                    DE       5.02                 06/25/12

NTS, INC.                               NV       2.03,9.01            06/22/12

OLD REPUBLIC INTERNATIONAL CORP         DE       8.01,9.01            06/25/12

Onteco Corp                             NV       5.03,9.01            06/18/12

PACIFIC PREMIER BANCORP INC             DE       8.01,9.01            06/25/12

PARK ELECTROCHEMICAL CORP               NY       2.02,9.01            06/25/12

PCS EDVENTURES COM INC                  ID       7.01,9.01            06/25/12

People's United Financial, Inc.         DE       8.01,9.01            06/22/12

PERNIX THERAPEUTICS HOLDINGS, INC.      MD       5.07                 06/21/12

PHOENIX COMPANIES INC/DE                DE       5.02,9.01            06/25/12

PIONEER DRILLING CO                     TX       7.01,9.01            06/25/12

PIONEER DRILLING CO                     TX       3.01,9.01            06/25/12

PIONEER NATURAL RESOURCES CO            DE       1.01,9.01            06/21/12

PIXELWORKS, INC                         OR       8.01                 06/21/12

PPLUS Trust Series JPM-1                DE       8.01,9.01            06/15/12

PRIMUS TELECOMMUNICATIONS GROUP INC     DE       9.01                 06/25/12    AMEND

PRIVATEBANCORP, INC                     DE       7.01,9.01            06/25/12

PROGRESS ENERGY INC                     NC       8.01,9.01            06/25/12

PROSPER MARKETPLACE INC                 DE       5.02                 06/19/12

Protalix BioTherapeutics, Inc.          FL       7.01,9.01            06/25/12

PROVIDENCE SERVICE CORP                 DE       3.01                 06/19/12

PSB Holdings, Inc.                               1.01,9.01            06/20/12

PVH CORP. /DE/                          DE       5.02,5.07,9.01       12/31/11

QUEST SOFTWARE INC                      CA       8.01,9.01            06/25/12

QUICKSILVER RESOURCES INC               DE       5.02                 06/19/12

RAMBUS INC                              DE       5.02,9.01            06/20/12

Raptor Pharmaceutical Corp              DE       8.01,9.01            06/25/12

RAYMOND JAMES FINANCIAL INC             FL       7.01                 06/25/12

REPUBLIC SERVICES, INC.                 DE       5.02,9.01            06/25/12

RESPONSE BIOMEDICAL CORP                A1       5.02,5.07,9.01       06/19/12

RITE AID CORP                           DE       5.02,5.07,9.01       06/21/12

ROWAN COMPANIES PLC                     X0       7.01,9.01            06/25/12

RPX Corp                                DE       5.07                 06/19/12

SATCON TECHNOLOGY CORP                  DE       5.03,5.07,9.01       06/20/12

SaveDaily Inc                           NV       5.02,9.01            06/12/12

SeaCube Container Leasing Ltd.                   1.01,2.03,7.01,9.01  06/21/12

SEMTECH CORP                            DE       5.07                 06/21/12

Shengtai Pharmaceutical, Inc.                    8.01,9.01            06/23/12

Shire plc                                        8.01,9.01            06/23/12

SONIC AUTOMOTIVE INC                    DE       2.02,9.01            06/25/12

SONIC AUTOMOTIVE INC                    DE       7.01                 06/25/12

SONIC AUTOMOTIVE INC                    DE       8.01,9.01            06/25/12

SONIC AUTOMOTIVE INC                    DE       8.01,9.01            06/25/12

SPX CORP                                DE       5.02                 01/06/12    AMEND

STANDARD REGISTER CO                    OH       8.01,9.01            06/25/12

STONE ENERGY CORP                       DE       7.01,9.01            06/22/12

Strategic Storage Trust, Inc.           MD       1.01,9.01            06/19/12

SunOpta Inc.                                     8.01,9.01            06/25/12

Sunstone Hotel Investors, Inc.          MD       8.01,9.01            06/19/12

SURREY BANCORP                          NC       5.02                 06/19/12

SXC Health Solutions Corp.              A6       8.01                 06/25/12

SYNAGEVA BIOPHARMA CORP                 DE       8.01,9.01            06/21/12

SYNNEX CORP                             DE       2.02,9.01            06/25/12

SYNTHESIS ENERGY SYSTEMS INC            DE       7.01,9.01            06/25/12

TAIWAN FUND INC                         DE       7.01,9.01            05/31/12

TCF FINANCIAL CORP                      DE       8.01,9.01            06/25/12

TCF FINANCIAL CORP                      DE       8.01,9.01            06/25/12

TechTarget Inc                                   5.07                 06/22/12

TIME WARNER CABLE INC.                  DE       1.01,9.01            06/20/12

TOYOTA MOTOR CREDIT CORP                CA       7.01,9.01            06/25/12

Twin Cities Power Holdings, LLC         MN       2.02,9.01            06/25/12

UNIVERSAL DISPLAY CORP \PA\             PA       5.07                 06/25/12

UNIVERSAL TRAVEL GROUP                  NV       5.02,9.01            06/23/12

US GEOTHERMAL INC                       DE       8.01                 06/21/12

USA TECHNOLOGIES INC                    PA       7.01,9.01            06/25/12

Vantage Drilling CO                     E9       1.01,2.03,8.01,9.01  06/21/12

VENTRUS BIOSCIENCES INC                 DE       8.01,9.01            06/25/12

VERISIGN INC/CA                         DE       8.01,9.01            06/23/12

WD 40 CO                                DE       5.03,9.01            06/19/12

Whitestone REIT                         TX       3.01,9.01            06/25/12

Ziyang Ceramics Corp                    FL       1.01,7.01,9.01       06/25/12



Modified: 06/26/2012