SEC Announces Deferred Prosecution Agreement with Amish Fraud
The Securities and Exchange Commission today announced that a non-profit corporation that offers securities to fund mortgage and construction loans to young Amish families in Ohio will ensure that its investors receive more timely and accurate information under an agreement reached with the SEC.
The SEC investigated the Amish Helping Fund (AHF), which was formed in 1995 by a group of Amish elders interested in furthering the Amish way of life. AHF funds its loans by selling securities in the form of investment contracts. The SEC alleges that AHF’s offering memorandum, drafted in 1995, was not updated for 15 years and thus contained material misrepresentations about the fund and the securities being offered. Despite violating federal securities laws by disseminating a stale offering memorandum, the SEC found no evidence that AHF investors suffered any undue harm or investment losses as a result of these misrepresentations.
When informed of its alleged violations by the SEC, AHF immediately cooperated, updated its offering memorandum, and took other significant remedial steps in an expedited manner. Therefore, the SEC has entered into a Deferred Prosecution Agreement (DPA) and will not file an enforcement action against AHF provided it adheres to the provisions of the agreement. AHF is entering into a DPA with the SEC as part of the Cooperation Initiative the Enforcement Division announced in 2010 to facilitate and reward cooperation in SEC investigations.
“Cooperation provides real and substantial benefits for companies that respond appropriately to the discovery of wrongdoing in their ranks,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “Here, the SEC acknowledged and rewarded AHF’s cooperation because, among other things, it acted swiftly and completely in correcting the misleading statements provided to investors, agreeing to annual audits of the fund holding the securities, and implementing significant remedial measures to prevent future violations of the securities laws.”
AHF currently has nearly 3,500 investors, more than 1,200 borrowers, and approximately $125 million in mortgage receivables. The SEC staff has not found any evidence of a foreclosure during AHF’s history.
When the SEC informed AHF of its wrongful conduct, the fund immediately took steps to remedy the situation:
Under the terms of the DPA, the SEC will refrain from filing an enforcement action against AHF if the company complies with certain undertakings. Among other things, AHF has updated and corrected its offering materials and agreed to register its new securities offerings and provide current investors with timely and accurate financial information.
The SEC’s investigation was conducted by Brian D. Fagel, John J. Sikora, Jr., and James L. Silverwood in the SEC’s Chicago Regional Office. (Press Rel. 2012-138)
SEC Charges Mizuho Securities USA with Misleading Investors by Obtaining False Credit Ratings for CDO
Firm to Pay $127.5 Million to Settle Charges
The Securities and Exchange Commission today charged the U.S. investment banking subsidiary of Japan-based Mizuho Financial Group and three former employees with misleading investors in a collateralized debt obligation (CDO) by using “dummy assets” to inflate the deal’s credit ratings. The SEC also charged the firm that served as the deal’s collateral manager and the person who was its portfolio manager.
According to the SEC’s complaint against Mizuho Securities USA Inc., the firm made approximately $10 million in structuring and marketing fees in the deal. Mizuho agreed to pay $127.5 million to settle the SEC’s charges, and the others charged also agreed to settle the SEC’s actions against them.
The SEC alleges that Mizuho structured and marketed Delphinus CDO 2007-1, a CDO that was backed by subprime bonds at a time when the housing market was showing signs of severe distress. The deal was contingent upon Mizuho obtaining credit ratings it used to market the notes to investors. When its employees realized that Delphinus could not meet one rating agency’s newly announced criteria intended to protect CDO investors from the uncertainty of ratings downgrades, they submitted to the rating firm a portfolio containing millions of dollars in dummy assets that inaccurately reflected the collateral held by Delphinus. Once the firm rated the inaccurate portfolio, Mizuho closed the transaction and sold the notes to investors using the misleading ratings. Delphinus defaulted in 2008 and eventually was liquidated in 2010. Mizuho sustained substantial losses from Delphinus.
“This case demonstrates once again that bankers and market participants who embrace a ‘get the deal done at all costs’ strategy will be identified, charged, and punished,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “This is a constant theme throughout the many SEC enforcement actions arising out of the financial crisis, and is one that everyone involved in securities transactions and our financial markets would be well-advised to respect.”
Kenneth Lench, Chief of the SEC’s Enforcement Division’s Structured and New Products Unit, added, “Mizuho and its employees undermined the integrity of the rating process by furnishing inaccurate information about the Delphinus portfolio. Investors expect and are entitled to receive legitimate ratings in order to help them assess their investments.”
According to the SEC’s settled administrative proceedings against the three former Mizuho employees responsible for the Delphinus deal, Alexander Rekeda headed the group that structured the $1.6 billion CDO, Xavier Capdepon modeled the transaction for the rating agencies, and Gwen Snorteland was the transaction manager responsible for structuring and closing Delphinus. Delaware Asset Advisers (DAA) served as Delphinus’s collateral manager and the DAA portfolio manager was Wei (Alex) Wei.
According to the SEC’s complaint against Mizuho filed in federal court in Manhattan, all of the collateral assets for Delphinus had been purchased by July 17, 2007, and the transaction was scheduled to close on July 19. However, around noon on July 18, Standard & Poor’s (S&P) issued a press release announcing changes to its CDO rating criteria requiring certain categories of subprime residential mortgage-backed securities (RMBS) to be adjusted downward for purposes of calculating their default probability. The Mizuho employees knew that Delphinus’s actual portfolio contained a substantial amount of RMBS that were subject to the downward ratings, and that Delphinus, as constructed, could not meet its rating targets under these tougher standards. To enable Delphinus to close anyway, the Mizuho employees e-mailed multiple alternative portfolios to S&P that contained dummy assets that were superior in credit quality to the assets that had been actually acquired for the CDO. Once the necessary ratings were secured by the use of dummy assets, the Delphinus transaction closed by mid-afternoon on July 19 and securities were sold based upon these higher ratings. Investors were thus misled to believe that the Delphinus notes had achieved the advertised ratings that the actual closing portfolio would not support.
According to the SEC’s complaint, in connection with Delphinus’s subsequent request for a required rating confirmation from S&P, Mizuho employees provided and arranged for others to provide further inaccurate information about the composition of Delphinus’s assets. Primarily, they misrepresented that Delphinus’s effective date was August 6 rather than July 19. S&P then provided Delphinus with the ratings confirmation using the improper effective date of August 6.
Everyone charged by the SEC agreed to settlements without admitting or denying the charges. Mizuho consented to the entry of a final judgment requiring payment of $10 million in disgorgement, $2.5 million in prejudgment interest, and a $115 million penalty. The settlement, which requires court approval, also permanently enjoins Mizuho from violating Sections 17(a)(2) and (3) of the Securities Act.
In the related administrative proceedings against Rekeda, Capdepon, and Snorteland, the SEC found that Rekeda violated Sections 17(a)(2) and (3) of the Securities Act, and Capdepon and Snorteland violated Section 17(a). Rekeda and Capdepon each agreed to pay a $125,000 penalty while the decision on whether there will be a penalty for Snorteland will be decided at a later date. Rekeda agreed to be suspended from the securities industry for 12 months, Capdepon and Snorteland each agreed to be barred from the securities industry for one year, and all three agreed to cease and desist from further violations of the respective sections of the Securities Act they violated.
The SEC instituted settled administrative proceedings against DAA and Wei based on their post-closing conduct. DAA consented to the entry of an order requiring the firm to pay disgorgement of $2,228,372, prejudgment interest of $357,776, and a penalty of $2,228,372. Wei consented to the entry of an order requiring him to pay a $50,000 penalty and suspending him from associating with any investment adviser for six months. Both DAA and Wei consented to cease and desist from violating Section 17(a)(2) and (3) of the Securities Act and Section 206(2) of the Advisers Act.
The SEC investigation into the Delphinus transaction, which is continuing, was conducted by the Enforcement Division’s Structured and New Products Unit led by Kenneth Lench and Reid Muoio. The investigative attorneys were Robert Leidenheimer, Lawrence Renbaum, and James Murtha, and the trial attorneys were Jan Folena, Suzanne Romajas, and Alan Lieberman.
In the Matter of Florida First Equities Corp. (n/k/a Data Imaging Services, Inc.)
An Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default as to Six Respondents (Default Order) in, Admin. Proc. 3-14923. The Default Order finds that the allegations in the Order Instituting Proceedings are true that Foodquest, Inc., Foodvision.com, Inc., Forefront, Inc. (f/k/a Anyox Resources, Inc.), Futronix Group, Inc., Genicom Corp. (n/k/a Oldgen, Inc.), and Global Online India, Inc., have securities registered with the Securities and Exchange Commission (Commission) and have failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 13a-1 and 13a-13 by not filing required periodic reports with the Commission for several years. As a result, the Administrative Law Judge ordered the revocation of the registration of each class of their registered securities.
A seventh Respondent, Florida First Equities Corp. (n/k/a Data Imaging Services, Inc.), was allowed until July 31, 2012, to decide whether to submit a signed Offer of Settlement. (Rel. 34-67452; File No. 3-14923)
In the Matter of Noonan Capital Management, LLC and Timothy George Noonan
The United States Securities and Exchange Commission (Commission) announced the issuance of an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Sections 203(e), 203(f) and 203(k) of the Investment Advisers Act of 1940, and Section 9(b) of the Investment Company Act of 1940 (Order) against Noonan Capital Management, LLC (Noonan Capital) and Timothy George Noonan (Noonan).
The Order alleges that Noonan Capital has been registered with the Commission since March 2009 and that Noonan has been its sole owner, chief compliance officer, and employee. The Order alleges that Noonan Capital and Noonan charged excessive advisory fees to their clients repeatedly misrepresented Noonan Capital’s assets under management in the Forms ADV filed with the Commission, and failed to file its required annual amendments to its Forms ADV for the fiscal years ending December 31, 2009, 2010, and 2011. Finally, the Order alleges Noonan Capital did not create or maintain required balance sheets, income statements, and supporting documents as required under certain rules of the Advisers Act.
A public hearing will be scheduled before an Administrative Law Judge to determine whether the allegations of the Division contained in the Order are true, to provide Noonan Capital and Noonan an opportunity to respond to the allegations, and to determine what, if any, remedial sanctions are appropriate in the public interest. The Order directs the Administrative Law Judge to issue an initial decision no later than 300 days from the date of service of the Order. (Rel. 34-67460; File No. 3-14955)
Franklin Advisers, Inc. and Franklin Templeton International Trust
An order has been issued on an application filed by Franklin Advisers, Inc. and Franklin Templeton International Trust, exempting them from Section 15(a) of the Investment Company Act of 1940, as amended (Act), and Rule 18f-2 under the Act. The order permits the applicants to enter into and materially amend subadvisory agreements without shareholder approval. (Rel. IC-30138 – July 17)
Medallion Financial Corp.
An order has been issued on an application filed by Medallion Financial Corp. under Section 61(a)(3)(B) of the Investment Company Act approving applicant’s proposal to grant certain stock options to non-employee directors under applicant’s stock option plan. (Rel. IC-30139 - July 17)
Proposed Rule Change
NASDAQ OMX PHLX LLC filed with the Securities and Exchange Commission a proposed rule change under Rule 19b-4 of the Securities Exchange Act of 1934 (SR-Phlx-2012-78) regarding strike price intervals in the Short Term Option Program. Publication in the Federal Register is expected during the week of July 23. (Rel. 34-67446)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change filed by the Financial Industry Regulatory Authority, Inc. (SR-FINRA-2012-035) to extend to July 17, 2013, the pilot period for FINRA Rule 4240 (Margin Requirements for Credit Default Swaps) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication in the Federal Register is expected during the week of July 23. (Rel. 34-67449)
Designation of Longer Period for Commission Action on a Proposed Rule
The Commission has designated a longer period for Commission action under Section 19(b)(2) of the Securities Exchange Act of 1934 on a proposed rule change (SR-ISE-2012-33) filed by the International Securities Exchange, LLC regarding strike price intervals for certain option classes. Publication in the Federal Register is expected during the week of July 23. (Rel. 34-67447)
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 APRICUS BIOSCIENCES, INC., 6330 NANCY RIDGE DRIVE,, SUITE 103, SAN DIEGO,, CA, 92121, (858) 222-8041 - 2,000,000 ($6,660,000.00) Equity, (File 333-182704 - Jul. 17) (BR. 01B) N-2 O'Connor Fund of Funds: Multi-Strategy, C/O UBS ALT. & QUANTIT. INVESTMENTS LLC, 677 WASHINGTON BOULEVARD, STAMFORD, CT, 06901, 203-719-1850 - 500,000,000 ($500,000,000.00) Equity, (File 333-182705 - Jul. 17) (BR. 17) S-1 Annie's, Inc., 1610 FIFTH STREET, BERKELEY, CA, 94710, 800-288-1089 - 3,649,976 ($146,072,040.00) Equity, (File 333-182706 - Jul. 17) (BR. 04B) F-3ASR ANGLOGOLD ASHANTI LTD, 76 JEPPE STREET, NEWTOWN, 2001, PO BOX 62117 MARSHALLTOWN 2107, JOHANNESBURG 2001, T3, 00000, 27116376000 - 0 ($0.00) Unallocated (Universal) Shelf, (File 333-182712 - Jul. 17) (BR. 09A) S-1 Pladeo Corp., CIRCUITO PORTA VICENZA 108, FRACC. PORTA FONTANA, LEON, O5, 37134, 5214772660071 - 10,000,000 ($100,000.00) Equity, (File 333-182714 - Jul. 17) (BR. 03) S-8 DELHAIZE GROUP, SQUARE MARIE CURIE 40, BRUSSELS, C9, 1070, 011-32-2-412-2211 - 0 ($136,840,000.00) Equity, (File 333-182715 - Jul. 17) (BR. 02C) S-B EXPORT DEVELOPMENT CANADA/CN, CANADIAN EMBASSY, 501 PENNSYLVANIA AVE, WASHINGTON, DC, 20001, 613-598-2500 - 0 ($1,747,000,000.00) Debt, (File 333-182717 - Jul. 17) (BR. DN) F-1 ABINGTON RESOURCES LTD, 125A-1030 DENMAN ST. #402, VANCOUVER, A1, V6C 2M6, 604-683-6657 - 8,079,027 ($3,111,730.80) Equity, (File 333-182718 - Jul. 17) (BR. ) S-1 CAMCO FINANCIAL CORP, 814 WHEELING AVENUE, CAMBRIDGE, OH, 43725, 7404352020 - 0 ($16,000,000.00) Other, (File 333-182719 - Jul. 17) (BR. 07C) S-8 Engility Holdings, Inc., 3750 CENTERVIEW DRIVE, CHANTILLY, VA, 20151, 703-664-2900 - 0 ($83,837,500.00) Equity, (File 333-182720 - Jul. 17) (BR. 06B) S-3ASR SS&C Technologies Holdings Inc, 80 LAMBERTON RD, WINDSOR, CT, 06095, 860-298-4500 - 0 ($187,180,000.00) Equity, (File 333-182722 - Jul. 17) (BR. 03C) S-1 MACKINAC FINANCIAL CORP /MI/, 3530 NORTH COUNTRY DR, PO BOX 369, TRAVERSE CITY, MI, 49684, 9063418401 - 0 ($12,649,999.00) Equity, (File 333-182724 - Jul. 17) (BR. 07C) S-1 GRYPHON GOLD CORP, 711-675 WEST HASTINGS STREET,, VANCOUVER, A1, V6B 1N2, 604-261-2229 - 18,812,500 ($2,756,844.00) Equity, (File 333-182725 - Jul. 17) (BR. 09B) S-1 NOVELOS THERAPEUTICS, INC., ONE GATEWAY CENTER, SUITE 504, NEWTON, MA, 02458, 617-244-1616 - 4,000,000 ($4,400,000.00) Equity, (File 333-182726 - Jul. 17) (BR. 01A) S-1 Sunshine Heart, Inc., 7651 ANAGRAM DRIVE, EDEN PRAIRIE, MN, 55344, 952-345-4200 - 0 ($28,750,000.00) Equity, (File 333-182727 - Jul. 17) (BR. 10B)
Form 8-K is used by companies to file current reports on the following events:
8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.
STATE NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT 1ST SOURCE CORP IN 8.01 07/12/12 ALBEMARLE CORP VA 2.02,9.01 07/17/12 ALCO STORES INC KS 4.01,9.01 07/11/12 ALERE INC. DE 3.03,5.07,9.01 07/11/12 All State Properties Holdings, Inc. NV 5.02 07/17/12 ALLIANCE FINANCIAL CORP /NY/ NY 2.02,9.01 07/17/12 American Capital Agency Corp 2.02,9.01 07/17/12 American Midstream Partners, LP DE 5.02,9.01 07/11/12 AMERICAN SAFETY INSURANCE HOLDINGS LT 2.02,9.01 07/17/12 AMERISERV FINANCIAL INC /PA/ PA 2.02 07/17/12 AMERITYRE CORP NV 1.01,3.03,9.01 07/16/12 AMPAL-AMERICAN ISRAEL CORP NY 8.01,9.01 07/16/12 Anthera Pharmaceuticals Inc DE 8.01,9.01 07/16/12 APOLLO GROUP INC AZ 1.01 07/16/12 ARC WIRELESS SOLUTIONS INC UT 1.01,8.01,9.01 07/13/12 ASURE SOFTWARE INC DE 7.01,9.01 07/17/12 AUTHENTIDATE HOLDING CORP DE 8.01,9.01 07/17/12 Avalon Oil & Gas, Inc. CO 5.02 07/17/12 BANCFIRST CORP /OK/ OK 2.02,9.01 07/17/12 Bank of Marin Bancorp CA 1.01,9.01 07/16/12 BARNES GROUP INC DE 1.01,9.01 07/16/12 BASSETT FURNITURE INDUSTRIES INC VA 5.03,9.01 07/11/12 Bentwood Acquisition Corp DE 3.02,5.01,5.02,5.03 07/11/12 BIOMET INC IN 2.02,9.01 07/17/12 BIOSANTE PHARMACEUTICALS INC DE 3.02 07/16/12 BIOTIME INC CA 7.01,9.01 07/17/12 BJs RESTAURANTS INC CA 8.01,9.01 07/17/12 Blackstone Group L.P. DE 1.01,9.01 07/13/12 CABOT CORP DE 1.01,2.03 07/13/12 CAMBRIDGE HEART INC DE 1.01,8.01,9.01 07/13/12 CARDINAL BANKSHARES CORP VA 8.01,9.01 07/17/12 CAREER EDUCATION CORP DE 5.02,8.01,9.01 07/16/12 CATHAY GENERAL BANCORP DE 2.02,9.01 06/17/12 CENTRAL FEDERAL CORP DE 8.01,9.01 07/16/12 CHARTER CORPORATE SERVICES, INC. CO 5.02 07/12/12 CHENIERE ENERGY INC DE 7.01,9.01 07/16/12 CHENIERE ENERGY INC DE 7.01,9.01 07/17/12 CHEROKEE INC DE 5.02 07/11/12 CHESAPEAKE MIDSTREAM PARTNERS LP DE 7.01,9.01 07/12/12 China Shengda Packaging Group Inc. NV 5.07 07/17/12 CINTAS CORP WA 2.02,9.01 07/16/12 CIRCLE STAR ENERGY CORP. NV 5.02 07/15/12 CLAIRES STORES INC DE 5.02,9.01 07/16/12 COCA COLA CO DE 2.02,9.01 07/17/12 COMERICA INC /NEW/ DE 2.02,7.01,9.01 07/17/12 COMMAND SECURITY CORP NY 7.01 07/17/12 Copano Energy, L.L.C. 5.02,9.01 07/11/12 CRC Health CORP DE 5.02 07/11/12 CSX CORP VA 2.02,9.01 07/17/12 CTI INDUSTRIES CORP DE 1.01,3.02,9.01 07/17/12 Digital Generation, Inc. DE 8.01,9.01 07/16/12 Digital Realty Trust, Inc. 2.01,9.01 07/11/12 DOLLAR GENERAL CORP TN 1.01,2.03,8.01,9.01 07/12/12 DTS, INC. DE 2.02,9.01 07/16/12 DYNAMIC VENTURES CORP. 1.01,2.03,3.02,9.01 07/13/12 EDELMAN FINANCIAL GROUP INC. TX 8.01,9.01 07/17/12 EMERGING MEDIA HOLDINGS INC NV 5.02,5.03,9.01 07/11/12 EMMAUS LIFE SCIENCES, INC. DE 7.01 07/17/12 Energy Transfer Equity, L.P. DE 3.01 07/11/12 Ensco plc 7.01,9.01 07/16/12 ENTERGY CORP /DE/ DE 2.02,9.01 07/17/12 ENTERPRISE BANCORP INC /MA/ MA 8.01,9.01 07/17/12 Entertainment Gaming Asia Inc. NV 5.07 07/13/12 EOG RESOURCES INC DE 7.01 07/17/12 EQUITY LIFESTYLE PROPERTIES INC MD 2.02,9.01 07/16/12 ESB FINANCIAL CORP PA 2.02,9.01 07/17/12 FactorShares 2X: Gold Bull/S&P500 Bea 9.01 07/16/12 FactorShares 2X: Oil Bull/S&P500 Bear 9.01 07/16/12 FactorShares 2X: S&P500 Bull/TBond Be 9.01 07/16/12 FactorShares 2X: S&P500 Bull/USD Bear 9.01 07/16/12 FactorShares 2X: TBond Bull/S&P500 Be 9.01 07/16/12 Federal Home Loan Bank of Atlanta X1 2.03 07/17/12 Federal Home Loan Bank of Boston X1 2.03 07/11/12 Federal Home Loan Bank of Chicago X1 2.03 07/11/12 Federal Home Loan Bank of Cincinnati X1 2.03,9.01 07/11/12 Federal Home Loan Bank of Indianapoli X1 2.03,9.01 07/17/12 Federal Home Loan Bank of New York X1 2.03,9.01 07/11/12 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 07/11/12 Federal Home Loan Bank of San Francis X1 2.03 07/11/12 Federal Home Loan Bank of Topeka 2.03,9.01 07/12/12 Fibrocell Science, Inc. DE 1.01,3.02,9.01 07/16/12 Fidelity National Information Service 2.02,9.01 07/17/12 FIRST HORIZON NATIONAL CORP TN 5.02,5.03,9.01 07/16/12 Freedom Environmental Services, Inc. DE 5.02 06/15/12 AMEND FULTON FINANCIAL CORP PA 5.02 07/17/12 FULTON FINANCIAL CORP PA 2.02,9.01 07/17/12 GELTOLOGY INC DE 1.01,2.01,3.02,4.01, 07/11/12 5.01,5.02,5.06,8.01, 9.01 GENELINK INC PA 5.02 07/13/12 GENVEC INC DE 5.02,5.07,9.01 07/11/12 GigOptix, Inc. DE 4.01,9.01 07/12/12 GOLDMAN SACHS GROUP INC DE 2.02,8.01,9.01 07/17/12 GRAPHIC PACKAGING HOLDING CO DE 1.01,5.02,9.01 07/16/12 Green Ballast, Inc. DE 5.02 07/11/12 Guidance Software, Inc. DE 1.01,9.01 07/12/12 HALCON RESOURCES CORP DE 1.01,2.03,9.01 07/16/12 Hanesbrands Inc. MD 1.01,7.01,9.01 07/13/12 HARBINGER GROUP INC. DE 5.02,9.01 07/13/12 HARTE HANKS INC DE 2.02,2.06,5.02,9.01 07/11/12 HIGHLANDS BANKSHARES INC /WV/ WV 8.01 07/17/12 HIGHLANDS BANKSHARES INC /WV/ WV 5.02 07/17/12 HKN, Inc. DE 5.02,8.01 07/13/12 HomeTrust Bancshares, Inc. MD 8.01,9.01 07/16/12 HORIZON BANCORP /IN/ IN 8.01,9.01 07/17/12 HOST HOTELS & RESORTS, INC. MD 2.02,9.01 07/17/12 HOTEL OUTSOURCE MANAGEMENT INTERNATIO DE 1.01,9.01 07/12/12 HUNT J B TRANSPORT SERVICES INC AR 2.02,9.01 07/16/12 IC Places, Inc. 1.01,9.01 07/10/12 IMPERVA INC DE 5.02,9.01 07/16/12 INFINITY PHARMACEUTICALS, INC. DE 8.01,9.01 07/16/12 INFORMATION SYSTEMS ASSOCIATES, INC. FL 2.02,9.01 07/17/12 INLAND REAL ESTATE CORP MD 8.01,9.01 07/16/12 INNOCAP INC 8.01 07/07/12 INTEL CORP DE 2.02 07/17/12 INTER PARFUMS INC DE 8.01,9.01 07/16/12 Interactive Brokers Group, Inc. DE 2.02,8.01,9.01 07/17/12 Interactive Intelligence Group, Inc. IN 2.02,9.01 07/17/12 Intrepid Potash, Inc. DE 2.02,7.01,9.01 07/17/12 Island Radio, Inc. NV 8.01 07/17/12 IsoRay, Inc. MN 9.01 07/13/12 AMEND ITRONICS INC TX 8.01 07/17/12 JAKKS PACIFIC INC DE 8.01,9.01 07/17/12 JOHNSON & JOHNSON NJ 2.02,9.01 07/17/12 JWC Acquisition Corp. DE 8.01,9.01 07/16/12 KAMAN CORP CT 8.01,9.01 07/17/12 KANSAS CITY SOUTHERN DE 2.02,9.01 07/17/12 KRAFT FOODS INC VA 7.01,9.01 07/17/12 LAKELAND BANCORP INC NJ 2.02,8.01,9.01 07/17/12 LENNOX INTERNATIONAL INC DE 5.02,9.01 07/11/12 Lightning Gaming, Inc. NV 1.01,3.02,9.01 07/16/12 LIME ENERGY CO. DE 4.02,9.01 07/15/12 LINCARE HOLDINGS INC DE 2.02,9.01 07/16/12 LIQUIDITY SERVICES INC DE 2.01,9.01 07/04/12 Lithium Exploration Group, Inc. NV 8.01 07/10/12 M&T BANK CORP NY 2.02,9.01 07/17/12 Manitex International, Inc. MI 8.01,9.01 07/17/12 MATRIX SERVICE CO DE 2.02,9.01 07/17/12 MATTEL INC /DE/ DE 2.02,8.01,9.01 07/17/12 MATTMAR MINERALS INC 4.01,9.01 06/25/12 AMEND McEwen Mining Inc. CO 7.01,9.01 07/16/12 MCMORAN EXPLORATION CO /DE/ DE 2.02,9.01 07/17/12 Medical Care Technologies Inc. NV 1.01,2.03,3.02,4.02, 05/29/12 9.01 MERCANTILE BANK CORP MI 2.02,9.01 07/17/12 MESABI TRUST NY 2.02,9.01 07/16/12 MF Global Holdings Ltd. DE 7.01,9.01 07/12/12 MILLER ENERGY RESOURCES, INC. TN 2.02,7.01,9.01 07/16/12 ML MACADAMIA ORCHARDS L P DE 1.02,2.03,8.01,9.01 07/11/12 MOLINA HEALTHCARE INC DE 7.01,9.01 07/13/12 Momentive Performance Materials Inc. DE 1.01,2.05,9.01 07/17/12 MOSAIC CO 2.02,9.01 07/17/12 NABORS INDUSTRIES LTD D0 8.01,9.01 07/17/12 NABORS INDUSTRIES LTD D0 1.01,3.03,9.01 07/16/12 Nava Resources, Inc. 4.01,9.01 07/09/12 NB&T FINANCIAL GROUP INC OH 2.02,7.01,9.01 07/17/12 Neologic Animation Inc NV 5.02 06/27/12 NEW YORK MORTGAGE TRUST INC MD 1.01,9.01 07/12/12 NEWS CORP 8.01,9.01 07/17/12 NGL Energy Partners LP DE 3.01,5.03,9.01 07/11/12 NORTHEAST UTILITIES MA 8.01 07/17/12 OHIO VALLEY BANC CORP OH 8.01 07/17/12 OLIN CORP VA 7.01,9.01 07/17/12 OMNICOM GROUP INC NY 2.02,9.01 07/17/12 PACKAGING CORP OF AMERICA 2.02,9.01 07/16/12 PATRIOT SCIENTIFIC CORP DE 1.01,9.01 07/11/12 PETMED EXPRESS INC FL 8.01,9.01 07/16/12 PLANAR SYSTEMS INC OR 5.03,9.01 07/11/12 Precision Aerospace Components, Inc. 8.01,9.01 07/17/12 PRIME GLOBAL CAPITAL GROUP Inc NV 1.01,3.02,9.01 07/16/12 PROSPECT GLOBAL RESOURCES INC. NV 1.02,9.01 05/30/12 AMEND QAD INC DE 1.01,9.01 07/13/12 RADIENT PHARMACEUTICALS Corp DE 1.01,9.01 07/13/12 RADIOSHACK CORP DE 5.02,9.01 07/13/12 RALPH LAUREN CORP DE 5.02 07/16/12 RAMBUS INC DE 5.02 07/11/12 REGIS CORP MN 1.01,8.01,9.01 07/13/12 REGIS CORP MN 5.02,9.01 07/11/12 REMEDENT, INC. NV 5.02 07/17/12 RENASANT CORP MS 2.02,9.01 07/17/12 ROBERTS REALTY INVESTORS INC GA 1.01,2.03,9.01 07/16/12 Rock Energy Resources, Inc. DE 7.01,9.01 07/17/12 Rockwood Holdings, Inc. DE 7.01,9.01 07/17/12 Rolling Technologies, Inc. NV 5.02 07/17/12 Rovi Corp DE 2.02,7.01,9.01 07/17/12 Sally Beauty Holdings, Inc. 2.02,9.01 07/17/12 SCHWAB CHARLES CORP DE 2.02,9.01 07/17/12 ServisFirst Bancshares, Inc. DE 2.02,9.01 07/17/12 SHARPS COMPLIANCE CORP DE 1.01,2.03,9.01 07/13/12 SIGNET JEWELERS LTD 8.01,9.01 07/17/12 SM Energy Co DE 5.02,7.01,9.01 07/16/12 SOVRAN SELF STORAGE INC MD 1.01,5.03,9.01 07/16/12 SS&C Technologies Holdings Inc DE 2.01,9.01 05/31/12 AMEND STAG Industrial, Inc. 5.02 07/17/12 STANLEY FURNITURE CO INC. DE 2.02,9.01 07/17/12 STATE STREET CORP MA 2.02,8.01,9.01 07/17/12 STERIS CORP OH 1.01,8.01,9.01 07/16/12 Stewart & Stevenson LLC DE 1.01,2.03 07/11/12 STRATEGIC HOTELS & RESORTS, INC 7.01,9.01 07/17/12 TD AMERITRADE HOLDING CORP DE 2.02,9.01 07/17/12 TE Connectivity Ltd. V8 2.02,5.02,7.01,9.01 07/17/12 TearLab Corp DE 1.01,8.01,9.01 07/12/12 THERMOENERGY CORP DE 1.01,3.02,9.01 07/11/12 TMX Finance LLC DE 5.02 07/11/12 TRANSWITCH CORP /DE DE 1.01,1.02,8.01,9.01 07/17/12 Treaty Energy Corp NV 1.01,9.01 07/11/12 Tri-Tech Holding, Inc. E9 5.02 07/12/12 Tronox Ltd C3 7.01 07/16/12 TURBINE TRUCK ENGINES INC NV 5.03,9.01 07/17/12 UBS-Barclays Commercial Mortgage Trus 8.01,9.01 07/17/12 URANIUM RESOURCES INC /DE/ DE 8.01,9.01 07/17/12 UROLOGIX INC MN 3.01,8.01 07/17/12 Vital Products, Inc. 8.01 06/18/12 Vortec Electronics, Inc. 5.02 07/17/12 Voyager Oil & Gas, Inc. DE 2.02,9.01 07/17/12 Vulcan Materials CO NJ 5.03,9.01 07/13/12 WARWICK VALLEY TELEPHONE CO NY 8.01,9.01 07/13/12 WASHINGTON FEDERAL INC WA 2.02,7.01,9.01 07/17/12 Western Asset Mortgage Defined Opport MD 8.01 07/17/12 WORLD FINANCIAL NETWORK CREDIT CARD M DE 1.01,8.01,9.01 07/13/12 WWA GROUP INC NV 1.01,9.01 07/12/12 WYNN RESORTS LTD 2.02,7.01,8.01,9.01 07/17/12 YAHOO INC DE 2.02,9.01 07/17/12 YATERRA VENTURES CORP. 8.01,9.01 07/11/12 ZAP COM CORP NV 5.02 07/13/12 ZIMMER HOLDINGS INC DE 5.02,9.01 07/16/12 ZIOPHARM ONCOLOGY INC DE 5.02,9.01 07/16/12