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U.S. Securities and Exchange Commission

SEC NEWS DIGEST

Issue 2013-63
April 3, 2013

Commission announcements

SEC Streamlines Rule Filing Requirements for Dually Registered Clearing Agencies

The Securities and Exchange Commission today announced a final rule that streamlines the process for rulemaking by clearing agencies that are registered with both the SEC and the Commodity Futures Trading Commission (CFTC).

The final rule amends an interim rule adopted in 2011 that allowed rule changes filed with the SEC by clearing agencies to become effective as soon as they were filed when they were not related primarily to securities futures and did not significantly affect the clearing agencies’ securities clearing operations. 

The final rule expands upon the interim rule to permit effectiveness upon filing for rule changes that concern other products that are not securities – including swaps that are neither mixed swaps nor security-based swaps, and forwards that are not security forwards – provided those rule changes do not significantly affect the clearing agencies’ securities clearing operations. 

The final rule also includes a new provision that under certain conditions permits temporary immediate effectiveness for rules that significantly affect the clearing agency’s securities-clearing operations when the products themselves are not securities. 

The final rule is intended to ensure that clearing agencies registered with both the SEC and the CFTC can avoid unnecessary delays in implementing rule changes that relate primarily to products that are not securities.  At the same time, the final rule ensures that such rule changes continue to be filed with the SEC, so that the Commission can carry out its statutory duty to supervise all registered clearing agencies.

The amendments will become effective 60 days after the date of publication of the release in the Federal Register.  (Press Rel. 2013-52)

Marc Fagel, Director of San Francisco Office, to Leave SEC

The Securities and Exchange Commission today announced that Marc Fagel, the director of the San Francisco Regional Office, will be leaving the agency later this month for the private sector.  He has worked at the SEC for more than 15 years. 

Mr. Fagel has served at the helm of the San Francisco office since 2008, overseeing a staff of more than 100 attorneys, accountants, and other professionals responsible for conducting investigations, litigation, and examinations in a region covering Northern California, Washington, Oregon, Montana, Idaho, and Alaska.

“Marc’s quick wit and passion for investor protection have earned him deep respect and admiration throughout the Commission,” said SEC Chairman Elisse B. Walter.  “He has been a loyal and effective leader at this agency and has unequivocally served investors with steady determination throughout his long tenure.”

Mr. Fagel said, “I consider myself lucky to have had an opportunity to serve alongside so many smart and talented professionals here in San Francisco and throughout the Commission.  Investors throughout the Bay Area and Pacific Northwest region are fortunate to have such a dedicated team serving as their advocates.”

Mr. Fagel, 46, joined the SEC’s San Francisco staff as an enforcement staff attorney in 1997.  He was promoted to branch chief for the office’s Internet enforcement branch and later appointed associate regional director in charge of the office’s entire enforcement program.  Prior to his arrival at the SEC, he spent six years in private practice with a large national law firm.  Mr. Fagel graduated from Princeton University and the University of Chicago Law School.

During Mr. Fagel’s tenure, he has overseen several of the largest financial fraud cases ever filed in the Pacific Northwest as well as numerous investigations of hedge funds and other private investment funds, including cases alleging undisclosed conflicts of interest, end-of-quarter “portfolio pumping,” improper use of “side pockets,” and misuse of client assets.  Mr. Fagel also spearheaded cases against hedge fund managers and online trading platforms involved in the emerging secondary market for pre-IPO stock of hot Silicon Valley companies.

Among the noteworthy matters investigated under Mr. Fagel’s leadership:

  • Dozens of investigations into improper backdating of stock options by public companies, including actions against senior executives of multiple Silicon Valley tech companies.
  • Investigations of multi-million-dollar insider trading rings, including charges against a Wall Street investment banker alleged to have repeatedly tipped friends and family members about confidential transactions, and the spouse of a Big 4 accounting firm partner alleged to have tipped information about her husband’s M&A transactions to a derivatives trader in the UK.
  • Fraud charges against the senior executive team in one of the largest bank failures of the financial crisis.

Mr. Fagel also played an instrumental role in the historic restructuring of the SEC’s Enforcement Division during the past few years, particularly in the Commission’s grant of delegated formal order authority to the Enforcement Division as well as reforms related to other aspects of the investigative process. 

“Marc’s energy, creativity, and vision along with his steady leadership have been critical to the success of the San Francisco office’s enforcement program, said George S. Canellos, Acting Director of the SEC’s Division of Enforcement.  “He brought those same qualifies to the Enforcement Division’s national leadership and helped develop and implement reforms that greatly enhanced the effectiveness of our investigations.” 

As a member of the National Exam Program’s Executive Committee, Mr. Fagel also helped bring about successful changes in the structure and processes of the exam program.  He particularly assisted initiatives to instill a more risk-focused approached to examinations and adapt the program to the large influx of newly-registered hedge fund managers and private equity funds under the Dodd-Frank Act.

“Marc has been an exemplary regional director, and under his leadership the San Francisco office’s exam program has done an excellent job protecting investors and supporting the National Exam Program by preventing fraud, promoting compliance, monitoring risk and informing policy,” said Carlo di Florio, Director of the SEC’s Office of Compliance Inspections and Examinations.

Mr. Fagel is a past recipient of the SEC’s Ellen B. Ross Award, an honor in recognition of exemplary commitment, enthusiasm, and performance in working to fulfill the Commission’s responsibilities for the fair and effective enforcement of the federal securities laws.  He served as a management representative on the SEC’s Labor Management Forum, working closely with agency managers and the National Treasury Employees Union to improve agency operations and strengthen employee engagement.

Following Mr. Fagel’s departure later this month, Kristin Snyder and Michael Dicke, who are associate regional directors for examinations and enforcement, respectively, will serve as co-acting regional directors in the San Francisco office.  (Press Rel. 2013-53)

Enforcement proceedings

Commission Revokes Registration of Securities of Raines Lenders LP for Failure to Make Required Periodic Filings

On April 3, 2013, the Commission revoked the registration of each class of registered securities of Raines Lenders LP (Raines Lenders) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, Raines Lenders consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to Raines Lenders LP finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of Raines Lenders’ securities pursuant to Section 12(j) of the Exchange Act.  This Order settled the proceedings brought against Raines Lenders in In the Matter of My Complete Care, Inc., et al., Administrative Proceeding File No. 3-15217.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of My Complete Care, Inc., et al., Administrative Proceeding File No. 3-15217, Exchange Act Release No. 68986, February 26, 2013.  (Rel. 34-69282; File No. 3-15217)

Commission Revokes Registration of Securities of Atlantic Security, Inc.  for Failure to Make Required Periodic Filings

On April 3, 2013, the Commission revoked the registration of each class of registered securities of Atlantic Security, Inc. (Atlantic Security) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, Atlantic Security consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to Atlantic Security, Inc. finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of Atlantic Security’s securities pursuant to Section 12(j) of the Exchange Act.  This Order settled the proceedings brought against Atlantic Security in In the Matter of Adzone Research, Inc., et al., Administrative Proceeding File No. 3-15242.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Adzone Research, Inc., et al., Administrative Proceeding File No. 3-15242, Exchange Act Release No. 69116, March 12, 2013.  (Rel. 34-69283; File No. 3-15242)

SEC Obtains Final Judgment Against Former Chief Investment Officer of Gibraltar Asset Management Group, LLC

On April 3, 2013, the Securities and Exchange Commission announced that the Honorable Robert L. Wilkins, United States District Judge for the District of Columbia, entered final judgment on March 28, 2013, against Maurice G. Taylor to settle charges related to his collaboration in a multi-million dollar Washington-area Ponzi scheme operated through Gibraltar Asset Management Group, LLC and Garfield Taylor, Inc. (GTI).  The final judgment was entered by consent in the civil action entitled Securities and Exchange Commission v. Garfield Taylor, Inc., et al., Civil Action No. 1:11-CV-02054-RLW, in the United States District Court for the District of Columbia:

Maurice G. Taylor, of Bowie, Md., formerly Chief Investment Officer at Gibraltar, without admitting or denying the allegations in the SEC’s complaint, consented to the entry of a Final Judgment permanently enjoining him from violations of Section 17(a) of the Securities Act of 1933 and ordering payment of monetary relief in an amount to be determined by the Court upon motion of the Commission.  Following an evidentiary hearing, the Court entered a Final Judgment permanently enjoining Taylor and ordering him to pay $463,785 in disgorgement and $50,682.50 in prejudgment interest, for a total of $514,467.50.

The Commission filed a complaint on November 18, 2011, alleging that Gibraltar’s and GTI’s former Chief Executive Officer, Garfield M. Taylor, operating through GTI and Gibraltar, with the assistance of Maurice G. Taylor, Benjamin C. Dalley, Randolph M. Taylor, William B. Mitchell and Jeffrey A. King, conducted a multi-million Ponzi scheme targeting investors in the Washington D.C. metropolitan area.  According to the SEC’s complaint, the defendants defrauded more than $27 million from approximately 130 investors between 2005 and 2010.     

The Commission’s case is still pending against the remaining defendants: Garfield M. Taylor, Jeffrey A. King, GTI, Gibraltar, and The King Group, LLC.  On September 17, 2012, the Court granted the Commission’s motion for default judgment as to Jeffrey King, GTI, Gibraltar and The King Group, LLC, but has not yet determined the appropriate relief against them.  On December 13, 2012, the Court granted the Commission’s motion for summary judgment on all charges sought by the Commission against Garfield Taylor.  On March 28, 2013, the Court granted Garfield Taylor’s motion to hold the case against him in abeyance, in light of pending federal criminal charges against him.  [SEC v. Garfield Taylor, Inc., et al., Civil Action No. 1:11-CV-02054-RLW (District Court for the District of Columbia)] (LR-22665)

Blackstone Alternative Investment Funds and Blackstone Alternative Asset Management L.P.

An order has been issued on an application filed by Blackstone Alternative Investment Funds and Blackstone Alternative Asset Management L.P. under Section 6(c) of the Investment Company Act of 1940 (Act) for an exemption from Section 15(a) of the 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-30444 – April 2)

Exchange Traded Concepts Trust, et al.

An order has been issued on an application filed by Exchange Traded Concepts Trust, Exchange Traded Concepts Trust II, ETF Series Solutions, Exchange Traded Concepts LLC, SEI Investments Distribution Company, Quasar Distributors, LLC and Foreside Fund Services, LLC.  The order permits: (a) series of certain actively managed open-end management investment companies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares.  (Rel. IC-30445 – April 2)

Self-regulatory organizations

Immediate Effectiveness of Proposed Rule Change

The Chicago Mercantile Exchange Inc. (“CME”) filed a proposed rule change (SR-CME-2013-03) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934 to make clarifying amendments to CME Rule 980.  Publication is expected in the Federal Register during the week of April 1, 2013.  (Rel. 34-69266)

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.

S-3     Williams Partners L.P., ONE WILLIAMS CENTER, TULSA, OK, 74172-0172, 
        (918) 573-2000 - 0 ($600,000,000.00) Equity, (File 333-187664 - Apr. 2) 
        (BR. 02C)

S-8     Workday, Inc., 6230 STONERIDGE MALL ROAD, SUITE 200, PLEASANTON, CA, 
        94588, 877-967-5329 - 8,321,244 ($511,839,718.44) Equity, 
        (File 333-187665 - Apr. 2) (BR. 03B)

S-3ASR  RELIANCE STEEL & ALUMINUM CO, 350 S GRAND AVE STE 5100, LOS ANGELES, 
        CA, 90071, 2136877700 - 0 ($0.00) Other, (File 333-187666 - Apr. 2) 
        (BR. 05C)

S-4     US FOODS, INC., 9399 W. HIGGINS ROAD, SUITE 500, ROSEMONT, IL, 60018, 
        847-720-8000 - 0 ($375,000,000.00) Debt, (File 333-187667 - Apr. 2) 
        (BR. 02)

S-1     ALPHALA CORP., 2360 CORPORATE CIRCLE STE 400, HENDERSON, NV, 89074, 
        79025104036 - 2,360,000 ($70,800.00) Equity, (File 333-187669 - Apr. 2) 
        (BR. 09)

S-8     JACOBS ENGINEERING GROUP INC /DE/, 155 NORTH LAKE AVENUE, PASADENA, CA, 
        91101, 6265783500 - 6,900,000 ($378,603,000.00) Equity, 
        (File 333-187677 - Apr. 2) (BR. 06C)

S-3     HARDINGE INC, ONE HARDING DRIVE, ELMIRA, NY, 14902, 6077342281 - 
        0 ($100,000,000.00) Other, (File 333-187678 - Apr. 2) (BR. 10A)

S-8     BioScrip, Inc., 100 CLEARBROOK ROAD, ELMSFORD, NY, 10523, 
        914 460 1600 - 750,000 ($9,495,000.00) Equity, (File 333-187679 - 
        Apr. 2) (BR. 01B)

S-3     STANDARD PARKING CORP, 900 N. MICHIGAN AVENUE, CHICAGO, IL, 60611-1542, 
        2185220700 - 0 ($126,738,599.24) Equity, (File 333-187680 - Apr. 2) 
        (BR. 05C)

S-1     TriState Capital Holdings, Inc., ONE OXFORD CENTRE, 
        301 GRANT STREET, SUITE 2700, PITTSBURGH, pa, 15219, (412) 304-0304 - 
        0 ($70,000,000.00) Equity, (File 333-187681 - Apr. 2) (BR. 07)

S-1     Tableau Software Inc, 837 N 34TH ST, SUITE 400, SEATTLE, WA, 98103, 
        206-633-3400 - 0 ($150,000,000.00) Equity, (File 333-187683 - Apr. 2) 
        (BR. 03B)

S-4     FelCor Lodging LP, 545 E. JOHN CARPENTER FREEWAY, SUITE 1300, IRVING, 
        TX, 75062, 9724444900 - 0 ($525,000,000.00) Debt, (File 333-187684 - 
        Apr. 2) (BR. 08B)

S-8     Trina Solar LTD, NO. 2 XIN YUAN YI ROAD ELECTRONICS PARK, 
        NEW DISTRICT, CHANGZHOU, JIANGSU 213031, CHANGZHOU, F4, 213031, 
        86 519 548 2008 - 0 ($10,905,000.00) Equity, (File 333-187685 - Apr. 2) 
        (BR. 10B)

S-3     MIDAMERICAN ENERGY CO, 666 GRAND AVE, P O BOX 657, DES MOINES, IA, 
        50306-0657, 5152424300 - 0 ($1,500,000,000.00) Debt, (File 333-187686 - 
        Apr. 2) (BR. 02B)

S-1     General Finance CORP, 39 EAST UNION STREET, PASADENA, CA, 91103, 
        626-584-9722 - 287,500 ($28,750,000.00) Equity, (File 333-187687 - 
        Apr. 2) (BR. 02C)

S-4     PACIFIC PREMIER BANCORP INC, 17901 VON KARMAN AVE, SUITE 1200, IRVINE, 
        CA, 92614, 714-431-4000 - 0 ($4,892,761.30) Equity, (File 333-187688 - 
        Apr. 2) (BR. 07C)

S-1     Marketo, Inc., 901 MARINERS ISLAND BLVD., SUITE 200, SAN MATEO, CA, 
        94404, 650 376-2300 - 0 ($75,000,000.00) Equity, (File 333-187689 - 
        Apr. 2) (BR. 03A)

S-8     COLUMBIA BANKING SYSTEM INC, 1301 A STREET, TACOMA, WA, 98402, 
        2533051900 - 222,620 ($4,746,258.40) Equity, (File 333-187690 - Apr. 2) 
        (BR. 07C)

S-3     OHIO EDISON CO, 76 SOUTH MAIN STREET, C/O FIRSTENERGY CORP., AKRON, OH, 
        44308-1890, 330-761-7837 - 0 ($505,000,000.00) Non-Convertible Debt, 
        (File 333-187692 - Apr. 2) (BR. 02B)

    

 Recent 8K Filings

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

1.01

Entry into a Material Definitive Agreement

1.02

Termination of a Material Definitive Agreement

1.03

Bankruptcy or Receivership

2.01

Completion of Acquisition or Disposition of Assets

2.02

Results of Operations and Financial Condition

2.03

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

2.04

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

2.05

Cost Associated with Exit or Disposal Activities

2.06

Material Impairments

3.01

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

3.02

Unregistered Sales of Equity Securities

3.03

Material Modifications to Rights of Security Holders

4.01

Changes in Registrant's Certifying Accountant

4.02

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

5.01

Changes in Control of Registrant

5.02

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

5.03

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

5.04

Temporary Suspension of Trading Under Registrant's Employee Benefit Plans

5.05

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

5.06

Change in Shell Company Status

6.01

ABS Informational and Computational Material.

6.02

Change of Servicer or Trustee.

6.03

Change in Credit Enhancement or Other External Support.

6.04

Failure to Make a Required Distribution.

6.05

Securities Act Updating Disclosure.

7.01

Regulation FD Disclosure

8.01

Other Events

9.01

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.


                                        STATE
NAME OF ISSUER                          CODE     8K ITEM NO.          DATE        COMMENT

-----------------------------------------------------------------------------------------
ACCESS MIDSTREAM PARTNERS LP            DE       1.01,9.01            03/27/13

ACTIVECARE, INC.                        DE       5.07                 03/25/13

AETNA INC /PA/                          PA       7.01,9.01            04/02/13

AFFYMAX INC                             DE       2.02,9.01            04/02/13

Alexza Pharmaceuticals Inc.             DE       5.02,9.01            03/29/13

ALLETE INC                              MN       2.03,9.01            04/02/13

ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            04/02/13

ALLIANCE DATA SYSTEMS CORP              DE       8.01,9.01            04/02/13

Ally Financial Inc.                     DE       2.01,9.01            04/01/13

ALTERRA CAPITAL HOLDINGS Ltd                     8.01                 03/27/13

AMERICAN PUBLIC EDUCATION INC           DE       5.08                 04/02/13

American Realty Capital Properties, I   MD       7.01,8.01,9.01       04/02/13

ANNALY CAPITAL MANAGEMENT INC           MD       8.01,9.01            04/02/13

Annie's, Inc.                           DE       7.01,9.01            04/01/13

AOL Inc.                                DE       5.02,8.01            03/27/13

Applied Visual Sciences, Inc.           DE       8.01                 12/31/12

APRIA HEALTHCARE GROUP INC              DE       7.01,9.01            04/01/13

ARRIS GROUP INC                         DE       1.01,9.01            03/27/13

ATMEL CORP                              DE       5.02,9.01            03/27/13

ATMOS ENERGY CORP                       TX       5.02,8.01,9.01       03/27/13

Avangard Capital Group, Inc             NV       1.01,2.01,9.01       03/26/13

Avantair, Inc                           DE       2.03,3.02            03/29/13

Azteca Acquisition Corp                 D8       8.01,9.01            04/02/13

AZZ INC                                 TX       1.01,1.02,2.01,2.03, 03/27/13
                                                 7.01,9.01
     
BEHRINGER HARVARD MULTIFAMILY REIT I             7.01,8.01,9.01       03/28/13

BELK INC                                         5.02                 03/27/13

BERKLEY W R CORP                        DE       5.02                 03/28/13

BERKSHIRE HILLS BANCORP INC             DE       7.01,9.01            04/02/13

BIOGEN IDEC INC.                        DE       1.02,2.01,9.01       04/02/13

BioMed Realty Trust Inc                 MD       8.01,9.01            04/02/13

BIOMET INC                              IN       5.02,9.01            03/27/13

Bitzio, Inc.                            NV       5.02,9.01            04/01/13

BJs RESTAURANTS INC                     CA       8.01,9.01            04/02/13

BLACK BOX CORP                          DE       5.02,9.01            03/27/13

Black Elk Energy Offshore Operations,   TX       1.01,2.01,9.01       03/01/13

BLONDER TONGUE LABORATORIES INC         DE       2.02,9.01            04/02/13

BOINGO WIRELESS INC                     DE       5.02,9.01            04/01/13

BOSTON PRIVATE FINANCIAL HOLDINGS INC   MA       7.01,9.01            04/02/13

BUCKEYE TECHNOLOGIES INC                DE       7.01,8.01,9.01       04/01/13

CADENCE DESIGN SYSTEMS INC              DE       5.02                 03/28/13

CASCADE CORP                            OR       2.01,3.01,3.02,3.03, 03/28/13
                                                 5.01,5.02,5.03,9.01
        
CATALYST PHARMACEUTICAL PARTNERS, INC   DE       8.01,9.01            04/02/13

CCOM Group, Inc.                        NY       2.02,9.01            03/29/13

Celanese Corp                           DE       7.01,9.01            04/02/13

CENTENE CORP                                     8.01,9.01            04/01/13

CENTRAL GARDEN & PET CO                 DE       5.02                 03/27/13

Chanticleer Holdings, Inc.              DE       2.02,9.01            04/02/13

CHEMICAL FINANCIAL CORP                 MI       7.01                 04/02/13

CHEVRON CORP                            DE       5.02,5.03,8.01,9.01  03/27/13

China Botanic Pharmaceutical                     3.01,9.01            03/27/13

CHINA EDUCATION ALLIANCE INC.           NC       2.02,9.01            04/01/13

China Industrial Steel Inc.             MD       2.02,9.01            04/02/13

China Polypeptide Group, Inc.           DE       5.02                 03/28/13

CHINDEX INTERNATIONAL INC               DE       5.02                 03/27/13

CHURCHILL DOWNS INC                     KY       8.01                 04/02/13    AMEND

CNL Healthcare Properties, Inc.         MD       1.01,2.03,9.01       03/27/13

CNL LIFESTYLE PROPERTIES INC            MD       2.02,9.01            04/01/13

COLUMBIA BANKING SYSTEM INC             WA       2.01,5.02,5.03,8.01, 04/01/13
                                                 9.01 
         
COMMUNITY SHORES BANK CORP              MI       4.01,5.02,9.01       04/02/13

COMPUTER TASK GROUP INC                 NY       7.01,9.01            04/02/13

CONSOL Energy Inc                       DE       1.04                 03/27/13

CONTINENTAL RESOURCES, INC              OK       8.01,9.01            04/02/13

Cordia Bancorp Inc                      VA       2.01,9.01            03/29/13

CORECARE SYSTEMS INC                    DE       8.01,9.01            03/20/13

Corporate Resource Services, Inc.       DE       8.01,9.01            04/02/13

COWEN GROUP, INC.                       DE       7.01                 04/02/13

Crestwood Midstream Partners LP         DE       8.01                 04/01/13

CROSSROADS SYSTEMS INC                  DE       1.01,3.02,3.03,5.03, 03/22/13    AMEND
                                                 9.01  
        
DAKOTA TERRITORY RESOURCE CORP          NV       4.01,9.01            03/28/13

DecisionPoint Systems, Inc.             DE       5.02                 03/28/13

Deep Down, Inc.                         NV       5.02                 03/15/13

Delek US Holdings, Inc.                          7.01,9.01            04/02/13

DELTA AIR LINES INC /DE/                DE       7.01,9.01            04/02/13

DIAMOND HILL INVESTMENT GROUP INC       OH       8.01                 04/02/13

Digital Realty Trust, Inc.                       8.01                 04/02/13

DISCOVERY LABORATORIES INC /DE/         DE       1.01,5.02,9.01       03/26/13

DISH Network CORP                       NV       7.01,9.01            04/02/13

DOLE FOOD CO INC                        DE       1.01,2.01,2.03,8.01, 04/01/13
                                                 9.01
          
DOLLAR GENERAL CORP                     TN       1.01,8.01,9.01       03/27/13

DRIVETIME AUTOMOTIVE GROUP INC          DE       1.01                 03/26/13

Duke Energy CORP                        DE       8.01,9.01            04/02/13

DUMA ENERGY CORP                        NV       7.01,9.01            04/02/13

DUPONT FABROS TECHNOLOGY, INC.          MD       1.01,2.03,8.01,9.01  03/27/13

DYAX CORP                               DE       1.02                 03/27/13

Eagle Bulk Shipping Inc.                         2.02,8.01,9.01       04/02/13

EASTMAN KODAK CO                        NJ       5.02                 04/02/13

Electromed, Inc.                                 5.03,9.01            03/28/13

ELEPHANT TALK COMMUNICATIONS CORP       DE       2.02,9.01            04/02/13

Emdeon Inc.                             DE       7.01,9.01            04/01/13

Energizer Resources, Inc.               MN       3.02,9.01            03/26/13

Energy Transfer Equity, L.P.            DE       1.01,2.03,9.01       03/28/13

EnerSys                                 DE       7.01,9.01            04/02/13

ENTERGY CORP /DE/                       DE       7.01,9.01            04/02/13

Entertainment Art, Inc.                 NV       5.03,9.01            03/11/13

EQM Technologies & Energy, Inc.         DE       2.02,9.01            04/02/13

ESCALADE INC                            IN       1.01,2.03,9.01       04/02/13

ESSEX PROPERTY TRUST INC                MD       1.01,9.01            03/29/13

EWaste Systems, Inc.                    NV       1.01,9.01            03/29/13

ExOne Co                                DE       8.01,9.01            04/01/13

Federal Home Loan Bank of Atlanta       X1       2.03                 03/28/13

Federal Home Loan Bank of Boston        X1       2.03                 03/27/13

Federal Home Loan Bank of Chicago       X1       2.03                 03/27/13

Federal Home Loan Bank of Cincinnati    X1       2.03,9.01            03/27/13

Federal Home Loan Bank of Dallas                 5.02,9.01            03/21/13

Federal Home Loan Bank of Des Moines    X1       2.03,9.01            03/29/13

Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            04/02/13

Federal Home Loan Bank of New York      X1       2.03,9.01            03/27/13

Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            03/27/13

Federal Home Loan Bank of San Francis   X1       2.03                 03/27/13

Federal Home Loan Bank of Seattle                2.03                 03/27/13

Federal Home Loan Bank of Topeka                 2.03,9.01            03/27/13

FEDERAL NATIONAL MORTGAGE ASSOCIATION            2.02,7.01,9.01       04/02/13

Fidelity National Information Service            5.02,9.01            04/01/13

FIRST PACTRUST BANCORP INC              MD       5.02,9.01            04/01/13

FIVE BELOW, INC                         PA       2.02,9.01            04/02/13    AMEND

FLORIDA GAMING CORP                     DE       4.01                 03/27/13

Forbes Energy Services Ltd.             D0       2.02,9.01            04/01/13    AMEND

FORD MOTOR CO                           DE       8.01,9.01            03/31/13

FORD MOTOR CREDIT CO LLC                DE       8.01,9.01            04/02/13

FriendFinder Networks Inc.              NV       2.02,9.01            04/01/13

G III APPAREL GROUP LTD /DE/            DE       2.02,9.01            04/02/13

Garrison Capital Inc.                   DE       8.01,9.01            04/02/13

GASCO ENERGY INC                        NV       3.01,7.01,9.01       03/27/13

GENCORP INC                             OH       5.02,5.07,8.01,9.01  03/27/13

GENESEE & WYOMING INC                   DE       1.01,9.01            03/28/13

GENUINE PARTS CO                        GA       2.01,2.03,7.01,9.01  04/01/13

Global Cash Access Holdings, Inc.       DE       5.02                 03/29/13

GLOBAL PAYMENTS INC                     GA       2.02                 04/02/13

GRAPHIC PACKAGING HOLDING CO            DE       1.01,2.03,9.01       04/02/13

Graymark Healthcare, Inc.               OK       1.01,9.01            03/29/13

HANDY & HARMAN LTD.                     DE       1.01,9.01            03/27/13

HARRIS PREFERRED CAPITAL CORP           MD       5.02                 04/01/13

HAWTHORN BANCSHARES, INC.               MO       2.02,9.01            04/01/13

Health in Harmony, Inc.                          1.01,2.01,3.02,4.01, 03/29/13
                                                 5.01,5.02,5.06,7.01,
                                                 9.01
   
HECLA MINING CO/DE/                     DE       1.01,2.02,8.01,9.01  04/01/13

HERITAGE COMMERCE CORP                  CA       5.02                 03/28/13

HF FINANCIAL CORP                       DE       5.02,9.01            03/27/13

HF2 FINANCIAL MANAGEMENT INC.           DE       3.02,8.01,9.01       03/27/13

Hines Global REIT, Inc.                 MD       7.01,8.01,9.01       03/27/13

HomeStreet, Inc.                        WA       4.01                 03/28/13

HSBC Finance Corp                                8.01                 03/29/13

HUMANA INC                              DE       7.01,9.01            04/01/13

HYBRID Coating Technologies Inc.                 4.01,9.01            04/02/13

ICON ECI FUND FIFTEEN, L.P.             DE       8.01                 04/02/13

ICON Equipment & Corporate Infrastruc   DE       8.01                 04/02/13

InfuSystem Holdings, Inc                DE       5.02                 03/28/13

InsPro Technologies Corp                DE       8.01,9.01            04/01/13

Integrated Electric Systems Corp.       NV       5.03,7.01,9.01       04/01/13

INTEGRATED ENVIRONMENTAL TECHNOLOGIES   NV       8.01,9.01            04/02/13

INTERNATIONAL LEASE FINANCE CORP        CA       1.01,9.01            04/01/13

JAKKS PACIFIC INC                       DE       5.02,9.01            03/29/13

JBI, INC.                               NV       7.01,9.01            04/02/13

Jones Lang LaSalle Income Property Tr   MD       8.01                 03/27/13

KANSAS CITY LIFE INSURANCE CO           MO       8.01,9.01            04/02/13

KBS Real Estate Investment Trust III,   MD       1.01,2.03            03/27/13

KEYW HOLDING CORP                       MD       5.02,9.01            04/01/13

KINGSTONE COMPANIES, INC.               DE       2.02,9.01            04/01/13

KYTHERA BIOPHARMACEUTICALS INC          DE       5.02,9.01            03/27/13

LEGG MASON, INC.                        MD       5.02,9.01            03/28/13

LEXMARK INTERNATIONAL INC /KY/          DE       1.01,8.01,9.01       04/01/13

Lightwave Logic, Inc.                   NV       7.01,9.01            04/02/13

LINCOLN ELECTRIC HOLDINGS INC           OH       5.02                 03/27/13

LKA INTERNATIONAL INC /DE/              DE       8.01                 04/01/13

LOCAL Corp                              DE       1.01,2.03,9.01       03/28/13

LUCAS ENERGY, INC.                      NV       1.01,2.01,9.01       03/29/13

MARINEMAX INC                           DE       4.01,9.01            03/27/13

MAXWELL TECHNOLOGIES INC                DE       4.01,9.01            04/01/13

MCCORMICK & CO INC                      MD       2.02,9.01            04/02/13

McEwen Mining Inc.                      CO       7.01,9.01            04/02/13

MEDASSETS INC                           DE       5.02,8.01,9.01       04/02/13

Medley Capital Corp                     DE       1.01,2.03,9.01       03/28/13

Meetinghouse Bancorp, Inc.              MD       5.02                 03/29/13

MGC DIAGNOSTICS Corp                    MN       5.07,8.01,9.01       03/27/13

MIDAMERICAN ENERGY CO                   IA       7.01,9.01            04/02/13

MIDAMERICAN ENERGY HOLDINGS CO /NEW/    IA       7.01,9.01            04/02/13

Midstates Petroleum Company, Inc.       DE       5.02                 04/01/13

Midway Gold Corp                        A1       7.01,9.01            04/02/13

MILLER ENERGY RESOURCES, INC.           TN       7.01,8.01,9.01       03/26/13

MIMEDX GROUP, INC.                      FL       3.02                 03/28/13

Mojo Organics, Inc.                     DE       5.03,5.07,9.01       03/29/13

Morgans Hotel Group Co.                 DE       9.01                 03/30/13    AMEND

MOTORCAR PARTS AMERICA INC              NY       5.07                 03/28/13

MRV COMMUNICATIONS INC                  DE       2.02,9.01            04/02/13

MTR GAMING GROUP INC                    DE       5.02,9.01            03/27/13

MusclePharm Corp                        NV       2.02,7.01,9.01       04/01/13

Naugatuck Valley Financial Corp                  2.02,9.01            04/01/13

NAVISTAR INTERNATIONAL CORP             DE       1.01,2.03,8.01,9.01  03/27/13

NELNET INC                              NE       1.01                 03/28/13

NEWLINK GENETICS CORP                            8.01,9.01            04/02/13

NEWS CORP                                        8.01,9.01            04/02/13

NOHO, Inc.                              WY       2.01                 12/31/12

NORTHERN OIL & GAS, INC.                         1.01,2.03,7.01,9.01  03/28/13

NUMEREX CORP /PA/                       PA       2.02,9.01            04/02/13

NVIDIA CORP                             DE       5.02,9.01            03/27/13

Och-Ziff Capital Management Group LLC   DE       7.01                 04/02/13

OMEGA COMMERCIAL FINANCE CORP           WY       4.01,9.01            03/28/13

ONEOK INC /NEW/                         OK       1.01,2.03,9.01       04/02/13

ONVIA INC                               DE       1.01,8.01,9.01       04/02/13

OXFORD INDUSTRIES INC                   GA       2.02,9.01            04/02/13

PACIFICHEALTH LABORATORIES INC          DE       1.01,3.02,8.01       04/01/13

PACIFICORP /OR/                         OR       7.01,9.01            04/02/13

Panache Beverage, Inc.                           5.02                 02/14/13

PAR PETROLEUM CORP/CO                   DE       4.01,9.01            10/29/12    AMEND

PARTNERRE LTD                                    5.02,9.01            03/27/13

PATHEON INC                                      5.07                 03/28/13

Patriot Coal CORP                       DE       8.01                 03/28/13

PennantPark Floating Rate Capital Ltd            1.01,2.03,9.01       04/01/13

PennantPark Floating Rate Capital Ltd            7.01,9.01            04/02/13

PERICOM SEMICONDUCTOR CORP              CA       5.02,9.01            04/01/13

Phillips Edison - ARC Shopping Center   MD       1.01,2.03,8.01,9.01  03/27/13

PIONEER ENERGY SERVICES CORP            TX       7.01,9.01            04/02/13

PIONEER POWER SOLUTIONS, INC.           DE       2.02,9.01            04/01/13

PMFG, Inc.                              DE       3.03,9.01            04/01/13

Power REIT                              MD       8.01,9.01            04/02/13

PREFERRED APARTMENT COMMUNITIES INC     MD       1.01,9.01            03/28/13

Protalix BioTherapeutics, Inc.          FL       8.01,9.01            04/02/13

PUBLIX SUPER MARKETS INC                FL       1.01                 04/01/13

PUMA BIOTECHNOLOGY, INC.                DE       2.02,9.01            04/01/13

PYRAMID OIL CO                          CA       2.02,9.01            04/01/13

QUANTA SERVICES INC                     DE       5.02,9.01            03/28/13

REGENERON PHARMACEUTICALS INC           NY       7.01                 04/02/13

Regulus Therapeutics Inc.               DE       5.02                 04/01/13

REPROS THERAPEUTICS INC.                DE       7.01,9.01            04/01/13

RESOURCES CONNECTION INC                DE       2.02,9.01            04/02/13

Retrophin, Inc.                         OK       5.03                 04/01/13

REX ENERGY CORP                         DE       1.01,2.03            03/27/13

RGC RESOURCES INC                       VA       1.01,2.03,9.01       03/29/13

ROI Acquisition Corp.                   DE       7.01,8.01,9.01       04/02/13

ROSETTA STONE INC                                1.01,2.01,7.01,8.01, 04/01/13
                                                 9.01
          
ROYAL BANCSHARES OF PENNSYLVANIA INC    PA       2.02,9.01            03/27/13

Sabra Health Care REIT, Inc.            MD       7.01,9.01            04/01/13

SAJAN INC                               DE       5.02,9.01            03/28/13

SALISBURY BANCORP INC                   CT       5.02,8.01,9.01       04/02/13

Samson Oil & Gas LTD                    C3       8.01,9.01            04/01/13

Santander Holdings USA, Inc.            VA       7.01,9.01            04/02/13

SEACHANGE INTERNATIONAL INC             DE       5.02                 03/27/13

Shire plc                                        8.01,9.01            04/02/13

SilverSun Technologies, Inc.            DE       7.01,9.01            04/01/13

SINGLE TOUCH SYSTEMS INC                DE       5.02                 03/29/13

Skkynet Cloud Systems, Inc.             NV       7.01,9.01            03/29/13

SOLERA HOLDINGS, INC                    DE       5.02                 04/02/13

SOLITRON DEVICES INC                    DE       1.01,9.01            03/27/13

SONIC AUTOMOTIVE INC                    DE       5.02                 04/01/13

Southcross Energy Partners, L.P.        DE       5.02,9.01            04/02/13

SOUTHERN FIRST BANCSHARES INC           SC       8.01                 04/02/13

SOVRAN SELF STORAGE INC                 MD       5.02                 04/02/13

SPHERIX INC                             DE       5.02,9.01            03/29/13

ST JUDE MEDICAL INC                     MN       1.01,2.03,9.01       04/02/13

STAGE STORES INC                        NV       8.01,9.01            04/02/13

STANDARD PARKING CORP                   DE       8.01,9.01            04/02/13

STEEL DYNAMICS INC                      IN       8.01,9.01            04/01/13

STEEL PARTNERS HOLDINGS L.P.            DE       1.01,9.01            04/02/13

STEMLINE THERAPEUTICS INC               DE       2.02                 04/01/13

Stewart & Stevenson LLC                 DE       3.02,9.01            03/27/13

SunOpta Inc.                                     5.02                 04/02/13

Sunshine Heart, Inc.                    DE       5.02,9.01            03/31/13

Support.com, Inc.                       DE       1.01,9.01            03/27/13

SWK Holdings Corp                       DE       1.01                 04/02/13

TEAM INC                                TX       2.02,9.01            04/02/13

TIFFANY & CO                            DE       1.01,9.01            04/02/13

Trovagene, Inc.                         DE       2.02,9.01            04/01/13

UIL HOLDINGS CORP                       CT       7.01,9.01            04/02/13

UNITED ONLINE INC                       DE       5.02                 03/30/13

UNIVERSAL INSURANCE HOLDINGS, INC.      DE       1.01,7.01,9.01       04/01/13

URANERZ ENERGY CORP.                    NV       4.02                 03/29/13

URS CORP /NEW/                          DE       5.02,9.01            03/27/13

VANGUARD HEALTH SYSTEMS INC             DE       8.01,9.01            04/02/13

Vanguard Natural Resources, LLC         DE       2.01,7.01,9.01       04/02/13    AMEND

Venaxis, Inc.                           CO       7.01,9.01            04/02/13

VERIZON COMMUNICATIONS INC              DE       8.01,9.01            04/02/13

VIDABLE, INC.                           NV       5.02,9.01            02/25/13

VII Peaks-KBR Co-Optivist Income BDC    MD       8.01,9.01            03/29/13

VISTA GOLD CORP                         B0       1.01,2.03,3.02,7.01, 03/28/13
                                                 9.01
          
VMWARE, INC.                            DE       5.07                 04/01/13

Volcano Corp                            DE       5.02,9.01            03/27/13

Vuzix Corp                              DE       1.01,3.02,8.01,9.01  03/27/13

WALTER INVESTMENT MANAGEMENT CORP       MD       1.01,2.03,9.01       03/28/13

Westbury Bancorp, Inc.                  MD       8.01,9.01            04/01/13

Wheeler Real Estate Investment Trust,   MD       8.01,9.01            03/28/13

WILSON BANK HOLDING CO                  TN       2.02,7.01,9.01       04/01/13

Winthrop Realty Trust                   OH       5.02,9.01            04/01/13

WISCONSIN PUBLIC SERVICE CORP           WI       2.01,9.01            03/28/13

World Energy Solutions, Inc.            DE       2.02,4.02,9.01       03/29/13

XCel Brands, Inc.                       DE       3.02,5.02            03/27/13

Zalicus Inc.                            DE       8.01,9.01            04/02/13

ZaZa Energy Corp                        DE       2.02,9.01            04/02/13

http://www.sec.gov/news/digest/2013/dig040313.htm


Modified: 04/03/2013