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Commission announcementsCommission Launches Market Structure Data and Analysis WebsiteThe Securities and Exchange Commission (Commission) today unveiled a dynamic new website to provide investors and others with the ability to interactively explore a range of new market metrics and access empirical research and analyses that further inform the broader public debate on market structure. The new website located at www.sec.gov/marketstructure will serve as a central location for the SEC to publicly share evolving data, research, and analysis as the agency continues its review of the equity of market structure. The data and related observations address the nature and quality of displayed liquidity across the full range of U.S.-listed equities -from the lifetime of quotes and the speed of the market to the nature of order cancellations. "We are launching what we believe to be a game changer that focuses the market structure debate as never before on data and analysis rather than anecdote," said SEC Chair Mary Jo White, who unveiled the website at an SEC news conference. She was joined by officials from the agency's Division of Trading and Markets and its Division of Economic and Risk Analysis. "We've made great strides here at the SEC transforming how we take in market data, store it, and share it throughout the agency," Chair White said. "By also making this information publicly accessible, two great things should happen. It should increase efficiency so people don't have to struggle to find this information. And it should spur innovation by unlocking the power of data and research to unlock a wealth of ideas from investors, market participants, and academics." Earlier this year, the SEC launched its internal Market Information Data Analytics System (MIDAS), which for the first time provided the SEC with data about every displayed order posted on national exchanges. Every day, MIDAS collects one billion records time-stamped to the microsecond. The information comes from the consolidated tapes and proprietary feeds of each exchange and includes posted orders and quotes, modifications and cancellations, and trade executions both on- and off-exchange. Typically, only sophisticated market participants have had access to all of this data, and even fewer have had the ability to process it. Through MIDAS, experts at the SEC have been extensively studying this data, and their research already has produced important results to help inform the agency's thinking on market structure. The next step in this market structure initiative is to disseminate the aggregated data and related observations drawn from MIDAS to the public. The SEC's new website allows users to explore key market metrics and trends based on aggregate analyses of tens of billions of MIDAS records over the last year. With the click of a mouse, results are available in clear, easy-to-read charts and graphs. Among the MIDAS-collected data that is generally unavailable on the public consolidated tape that the SEC's new website will be making available broadly:
The new website contains an interactive charting tool that allows users to compare and contrast data series according to the type of security, market capitalization, volatility, price, and turnover. Users also can explore detailed quote-life distributions, and download data series and quote-life distributions to perform their own analyses. Methodology documents that detail all calculations are provided. The new website also features staff research papers based on a variety of data sources, and staff reviews that identify and assemble information from the expanding economic literature on market structure topics. One paper using order audit trail data on off-exchange trading provides key metrics describing the underlying nature of off-exchange trading by the 44 alternative trading systems that trade equity securities. The primary observation of SEC staff is that ATS trading looks very similar in many respects to exchange trading. Another paper summarizes current studies that address market fragmentation -both visible and dark. The new website is just the beginning of this initiative with more studies and analyses to come. SEC staff is looking forward to receiving feedback about the website and its implications. Joining Chair White to announce the launch of the SEC's market structure data and analysis website were Division of Trading and Markets Acting Director John Ramsay, Division of Economic and Risk Analysis Director Craig Lewis, and Office of Analytics and Research Associate Director Gregg Berman. (Press Rel. 2013-217) Daniel M. Hawke to Step Down as Director of Philadelphia OfficeHe Will Continue As Chief of Market Abuse Unit The Commission today announced that Daniel M. Hawke, the chief of the Enforcement Division's Market Abuse Unit, will step down as director of the Philadelphia Regional Office to concentrate his efforts on leading the nationwide unit. Mr. Hawke has served in dual senior officer roles at the SEC for nearly four years, leading the Market Abuse Unit since its creation in January 2010 and directing the Philadelphia office for more than seven years. He has played key roles in the restructuring of the Enforcement Division and the implementation of the five specialized units as well as the Office of Market Intelligence. Mr. Hawke also contributed significantly to recent enhancements in the agency's National Exam Program. "Dan is a key and trusted member of the national enforcement team," said Andrew J. Ceresney, Co-Director of the SEC's Division of Enforcement. "He successfully led the Philadelphia office while also building the Market Abuse Unit into an important center of expertise and innovation on market structure and insider trading cases. We appreciate the sacrifices he and his family made while he held these two positions, and look forward to his continued leadership of the Market Abuse Unit." Andrew Bowden, Director of the SEC's National Exam Program, added, "Dan has been a significant contributor to the National Exam Program -locally where he built and led an exceptional team of skilled and experience examiners in Philadelphia, and nationally where he was an influential contributor in its development and evolution." A national search will seek to identify candidates to fill the regional director position. Mr. Hawke will continue to serve in that role until a successor is chosen. Mr. Hawke said, "It has been a great honor to work with the extraordinary staff of the Philadelphia Regional Office whose accomplishments during the past seven years have been outstanding. They have established the Philadelphia office as a formidable examination presence in our region and a strong national player in the enforcement of the federal securities laws." During his tenure in Philadelphia, Mr. Hawke has led numerous key enforcement actions having national impact, including:
During Mr. Hawke's tenure, the examination staff in Philadelphia played a key role in navigating the impact of the 2008 financial crisis on regulated entities in the Mid-Atlantic region, including the deployment of key personnel to examine firms nationwide experiencing net capital challenges. Mr. Hawke co-chaired the National Exam Program's technology committee and oversaw the implementation of its recommendations to ensure that the agency's examination staff had the proper tools and resources at their disposal. Mr. Hawke became the director of the Philadelphia office in April 2006 and oversaw the examination and enforcement programs in Pennsylvania, Maryland, Delaware, Virginia, West Virginia, and the District of Columbia. Mr. Hawke began his SEC career in 1999 as a staff attorney in the Division of Enforcement, and he was promoted to associate director for enforcement in the Philadelphia office in March 2005. Prior to joining the SEC staff, Mr. Hawke spent 10 years in private practice. Mr. Hawke received the SEC's Stanley Sporkin Award in 2008, its Ellen Ross Award in 2001, and twice received Chairman's Awards for Excellence in 2010 and 2011. (Press Rel. 2013-218) ENFORCEMENT PROCEEDINGSIn the Matter of Mark Steven BergThe Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order") against Mark Steven Berg. The Order finds that from May 1999 to April 2008, Berg was a registered representative associated with Joseph Stevens & Co., Inc., which at the time of his association was a broker-dealer registered with the Commission. Berg, age 55, is a resident of New York. The Order further finds that, on June 15, 2012, before the New York Supreme Court, Berg pleaded guilty to one felony count of attempted enterprise corruption in violation of New York Penal Law § 110-460.20 and one felony count of criminal possession of stolen property in violation of New York Penal Law § 165.50, in People v. Mark Berg, Case No. 00492-2009. Berg was sentenced on June 15, 2012 to five years of probation and ordered to pay $350,000 in restitution. The count of attempted enterprise corruption to which Berg pleaded guilty arose out of the conduct of a broker-dealer and alleged, among other things, that between January 2000 and April 2008, Berg participated in a scheme at Joseph Stevens & Co. to defraud investors by providing blocks of stock to the firm's traders for the purpose of generating excessive commissions in stocks. Berg participated in a scheme involving the sale, negotiation, and purchase of securities in which he provided the firm's traders with large blocks of shares of companies, including Cypress Bioscience, Inc. and Repligen, Inc., for the purpose of inflating the price of such stocks to generate large commissions. Based on the above, the Order bars Berg from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and from participating in any offering of a penny stock, including acting as a promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock. Berg consented to the issuance of the Order. (Rel. 34-70640) In the Matter of Timothy J. GeidelThe Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, and Notice of Hearing ("Order") against Timothy J. Geidel ("Geidel"). The Order alleges that on September 13, 2011, Geidel pleaded guilty to one count of wire fraud in violation of 18 U.S.C. § 1343 and one count of structuring transactions to avoid reporting requirements in violation of 31 U.S.C. § 5324(a)(3) before the United States District Court for the Western District of New York in United States v. Timothy J. Geidel, Crim. Information No. 1:11-CR-00012 (WMS-HBS). The wire fraud count to which Geidel pleaded guilty alleged, among other things, that while associated with Royal Alliance Associates, Inc., which was a registered broker-dealer and investment adviser, Geidel knowingly devised a scheme and artifice to defraud an investor by falsely representing that he intended to invest the individual's money in high yield investment vehicles, but instead used the money to repay other investors whom he had defrauded and for his personal gain. The count also alleges that, for the purpose of executing the scheme and artifice, in September and October of 2009, Geidel knowingly transmitted wire transfers of funds. The Order alleges that Geidel was sentenced on April 17, 2012 to a prison term of 42 months followed by three years of supervised release and was ordered to pay $1,301,981.95 in restitution. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Geidel with an opportunity to respond to these allegations, and to determine what sanctions, if any, are appropriate and in the public interest. As directed by the Commission, an administrative law judge shall issue an initial decision in this matter no later than 210 days from the date of service of the Order. (Rel. 34- 70642). In the Matter of Robert PetrozzoThe Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order") against Robert Petrozzo ("Petrozzo"). The Order finds that from January 1995 to April 2008, Petrozzo was a registered representative associated with Joseph Stevens & Co., Inc., which at the time of his association was a broker-dealer registered with the Commission. Petrozzo, age 55, is a resident of New York. The Order further finds that, on December 1, 2008, before the New York Supreme Court, Petrozzo pleaded guilty to one felony count of attempted enterprise corruption in violation of New York Penal Law § 110-460.20 and one felony count of grand larceny in the third degree in violation of New York Penal Law § 155.35, in People v. Robert Petrozzo, Case No. SCI-05684-2008. Petrozzo was sentenced on May 4, 2012, to conditional discharge and ordered to pay $101,123 in restitution. The grand larceny count to which Petrozzo pleaded guilty alleged, among other things, that between July 2003 and October 2006, while he was associated with Joseph Stevens & Co., Petrozzo stole property from an individual, with the value of the property in excess of $3,000. Based on the above, the Order bars Petrozzo from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and from participating in any offering of a penny stock, including acting as a promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer, or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock. Petrozzo consented to the issuance of the Order. (Rel. 34-70645). In the Matter of Martin WeisbergThe Commission announced the issuance of an Order suspending Martin Weisberg from appearing or practicing before the Commission pursuant to Rule 102(e)(2) of the Commission's Rules of Practice. Weisberg was an attorney admitted to practice law in New York. The Order finds that on May 21, 2012, Weisberg pleaded guilty to one count of money laundering and one count of conspiracy to commit securities fraud in connection with the offerings of securities of Xybernaut Corporation. Weisberg was Xybernaut's attorney and a member and Secretary of Xybernaut's Board of Directors. Weisberg admitted that, while an attorney, he agreed, with others, to file certain false disclosure documents with the Commission concerning private investment in public equity (PIPE) transactions for Xybernaut and that he knowingly concealed certain related party transactions associated with these PIPE transactions. On August 7, 2013, the court entered a judgment of criminal conviction against Weisberg in United States of America v. Martin Weisberg 07-CR-641 and 08-CR-347 in the United States District Court for the Eastern District of New York. As a result of his conviction, the court sentenced Weisberg to 24 months imprisonment, to be followed by three years of supervised release and ordered him to pay restitution in the amount of $297,500. (Rel. 34-70641) Commission Files Fraud Charges against Lee Chi Ling and Names Perfect Genius Limited as a Relief Defendant in Connection with China Energy Savings Technology, Inc. FraudThe Commission announced that, on September 26, 2013, the Commission filed fraud and other related charges in the Eastern District of New York against Lee Chi Ling (Lee) and named Perfect Genius Limited as a relief defendant. The Commission alleges that Lee participated in an elaborate stock manipulation scheme involving China Energy Savings Technology, Inc. The scheme was orchestrated by Chiu Wing Chui, Lai Fun Sim, Jun Tang Zhao (together, the Chiu Group), Lee, and others acting in concert. Chiu, Sim, Zhao, and others were previously charged and found liable for fraud for their roles in the scheme in SEC v. China Energy (06-CV-6402 (E.D.N.Y.)). The Commission's complaint alleges that Lee or entities that she controlled, including Perfect Genius, furthered the fraud by: (i) receiving shares of China Energy directed to her by the Chiu Group; (ii) selling some of those shares to profit from artificially high prices created by transactions directed by the Chiu Group and their dissemination of false and misleading information about China Energy to investors and the public; and (iii) acting as nominees, along with a number of other entities, which concealed the illegal trading in the shares of China Energy and masked the Chiu Group's control of China Energy. In its complaint, the Commission alleges that Lee violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c) thereunder, and Sections 17(a)(1) and (3) of the Securities Act of 1933; and seeks disgorgement and prejudgment interest. The Commission also names Perfect Genius as a relief defendant, seeking the return of ill-gotten gains from the sales of China Energy securities in a brokerage account that Lee opened in the name of that entity for the purpose of furthering the scheme and holding the resulting illicit proceeds. [SEC v. Lee Chi Ling, et al., Case No. 13-CV-5364 (U.S. District Court for the Eastern District of New York); See also, Litigation Release No. 22837](LR- 22837) In the Matter of Stuart M. RubensOn October 9, 2013, the Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions against Stuart M. Rubens. The Order finds that on October 3, 2013, Rubens was permanently enjoined from future violations of violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b), 15(a) and Rule 10b-5 of the Securities and Exchange Act of 1934 in the Civil Action entitled SEC v. Advanced Equity Partners, LLC, et al., Case No. 0:13-cv-62100-RSR (S.D. Fla.). According to the Order, the Commission's complaint alleged that, in connection with the offer and sale of unregistered TDI stock, Rubens solicited investors and received transaction-based compensation in the form of undisclosed commissions and other fees derived from investors' proceeds. In addition, Rubens recruited others to act as sales agents and paid them transaction-based compensation. Rubens was not associated with a registered broker or dealer while selling TDI stock. The complaint also alleged that Rubens made numerous misrepresentations regarding the use of investor proceeds, failed to disclose sales commissions or other fees of 75% or more charged to investors in connection with the offer and sale of unregistered TDI stock, and otherwise engaged in a variety of conduct which operated as a fraud and deceit on investors. Rubens consented to the issuance of the Order without admitting or denying any of the findings except he admitted the entry of the injunction. Based on the above, the Order bars Rubens from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent. (Rel. 34-70651) In the Matter of Peter D. KirschnerOn October 9, 2013, the Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions against Peter D. Kirschner. The Order finds that on October 3, 2013, Kirschner was permanently enjoined from future violations of violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b), 15(a) and Rule 10b-5 of the Securities and Exchange Act of 1934 in the Civil Action entitled SEC v. Advanced Equity Partners, LLC, et al., Case No. 0:13-cv-62100-RSR (S.D. Fla.). According to the Order, the Commission's complaint alleged that, in connection with the offer and sale of unregistered TDI stock, Kirschner solicited investors and received transaction-based compensation in the form of undisclosed commissions and other fees derived from investors' proceeds. In addition, Kirschner recruited others to act as sales agents and paid them transaction-based compensation. Kirschner was not associated with a registered broker or dealer while selling TDI stock. The complaint also alleged that Kirschner made numerous misrepresentations regarding the use of investor proceeds, failed to disclose sales commissions or other fees of 75% or more charged to investors in connection with the offer and sale of unregistered TDI stock, and otherwise engaged in a variety of conduct which operated as a fraud and deceit on investors. Kirschner consented to the issuance of the Order without admitting or denying any of the findings except he admitted the entry of the injunction. Based on the above, the Order bars Kirschner from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent. (Rel. 34-70649) In The Matter Of Shawn H. MooreThe Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 and Notice of Hearing (Order) against Shawn H. Moore (Moore). The Division of Enforcement alleges in the Order that on November 18, 2008, the State of Utah charged Moore with four counts of securities fraud in violation of Utah Code Ann. § 61-1-1 (a second-degree felony), four counts of sales of securities by an unlicensed agent in violation of Utah Code Ann. § 61-1-3(1) (a third-degree felony), and one count of pattern of unlawful activity in violation of Utah Code Ann. § 76-10-1601 (a second-degree felony) in State of Utah v. Shawn H. Moore, Criminal No. 081908861 (3rd Dist. Utah). On February 6, 2013, Moore was convicted of five second-degree felony counts, including four counts of securities fraud and one count of pattern of unlawful activity, and four third-degree felony counts of the sale of securities by an unlicensed agent. The Order further alleges that Moore was the manager of numerous entities that were part of a larger group of approximately 150 entities formed by VesCor Capital Corp. ("VesCor"). From at least January 2000 until February 2008, Moore acted as an unregistered broker or dealer in violation of the federal securities laws by soliciting investors to purchase investment contracts issued by VesCor for first trusts deed notes in real property owned by VesCor, guaranteeing between 10.5% and 16% return on their investment. Moore maintained investment records for over 800 VesCor investors, supervised in the preparation of investor documents such as prospectuses and monthly and annual investment statements, and balanced investor payment reports with accounting reports on a monthly, quarterly, and annual basis. Between January 2000 and February 2008, Moore earned at least $325,773 in commissions and consulting fees from VesCor for the money he raised from investors. Moore has never been registered with the Commission or any other regulatory agency. A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Moore an opportunity to dispute these allegations, and to determine what sanctions, if any, are appropriate. The Order directs the administrative law judge to issue an initial decision within 300 days after service of the Order. (Rel. 34-70650) Former Investment Fund Employee Criminally Indicted On Federal Charges for Insider Trading In Marvel Stock Prior To Disney DealOn August 11, 2011, the SEC charged Toby G. Scammell, age 28, with insider trading in a complaint filed in the United States District Court for the Central District of California. The complaint alleged that Scammell spent less than $5,500 on highly speculative call options in Marvel Entertainment, Inc. and reaped illegal profits of over $192,000 less than a month later when it was publicly announced that Marvel was being acquired by the Walt Disney Company. The SEC alleged that Scammell illegally traded on non-public information he misappropriated from his girlfriend, a Disney intern who worked on the acquisition. On June 6, 2012, Scammell consented to the entry of judgment against him and on June 15, 2012, the district court imposed a permanent injunction against Scammell and ordered him to pay disgorgement, prejudgment interest, and civil penalties in amounts to be determined by the court. In a separate action yesterday, October 8, 2013, a federal grand jury returned a criminal indictment charging Scammell with one count of securities fraud and one count of wire fraud based upon his trading in Marvel. [Securities and Exchange Commission v. Toby G. Scammell, United States District Court, Central District of California, Civil Action No. CV11-6597-DSF (MRWx)] (LR-22838) [United States of America v. Toby G. Scammell, United States District Court, Central District of California, Criminal Action No. CR13-0733]. (LR-22838) Commission Institutes Administrative Proceeding against Corbin JonesThe Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act) and Notice of Hearing (Order) against Corbin Jones. According to the Order, the Division of Enforcement alleges that Jones, age 37, resides in Gilbert, AZ. From June 2002 through June 2007, Jones was a registered representative associated with Times Securities and Berry-Shino Securities, broker-dealers registered with the Commission. Jones ceased to be associated with a registered broker-dealer on June 8, 2007 when Times Securities ceased its registration. After June 8, 2007, Jones acted as an unregistered broker-dealer through at least August 2009 through his active and continuous solicitation, offer, and sale of several entities including Noble Innovations, Inc., which is a penny stock. On August 28, 2013, a final judgment was entered against Jones, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Sections 10(b), 13(d) and 15(a) of the Exchange Act and Rules 10b-5, 13d-1 and 13d-2 thereunder, in the civil action entitled SEC v. Jeffrey Stebbins and Corbin Jones, Civil Action Number 13 CV 755, in the United States District Court for the District of Arizona. According to the Order, the Division of Enforcement alleges that the Commission's complaint alleged that, from April 2006 through mid-2009, Jones, along with his co-defendant, perpetrated a multi-faceted fraudulent scheme in connection with investments in a tankless water heater venture. The complaint further alleges that Jones misappropriated investor funds and stock, induced investors to enter into a fraudulent share swap and used client accounts to engage in profitable trading for himself. The complaint also alleges that Jones acted as an unregistered broker-dealer and failed to report his beneficial interest in Noble Innovations. A hearing before an administrative law judge will be scheduled to determine whether the allegations in the Order are true, to provide Jones an opportunity to respond to these allegations, and to determine what, if any, remedial action is appropriate in the public interest. The Commission ordered that the administrative law judge issue an initial decision not later than 210 days from the date of service of the Order. (Rel. 34-70646). Commission Revokes Registration of Securities of Chartwell International, Inc. (n/k/a Covalent Energy International, Inc.) for Failure to Make Required Periodic FilingsOn October 9, 2013, the Commission revoked the registration of each class of registered securities of Chartwell International, Inc. (n/k/a Covalent Energy International, Inc.) (Covalent Energy) 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, Covalent Energy 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 Chartwell International, Inc. (n/k/a Covalent Energy International, 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 Covalent Energy's securities pursuant to Section 12(j) of the Exchange Act. This Order settled the proceedings brought against Covalent Energy in In the Matter of Anasazi Capital Corp., et al., Administrative Proceeding File No. 3-15439. 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. (Rel. 34-70635) In the Matter of HydroGen Corp.,An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default (Default Order) as to seven respondents in HydroGen Corp., Administrative Proceeding File No. 3-15464. The Order Instituting Proceedings alleged that Respondents repeatedly failed to timely file periodic reports while their securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true as to HydroGen Corp., QueryObject Systems Corp., Security Intelligence Technologies, Inc., Skins, Inc., SLM Holdings, Inc., Spring Creek Healthcare Systems, Inc., and Startech Environmental Corp. and revokes the registration of each class of their registered securities, pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act). (Rel. 34-70634) Commission Denies Johnny Clifton's Requests For Reconsideration And A Stay Of Sanctions.The Commission has denied Johnny Clifton's requests for reconsideration and a stay of its July 12, 2013 opinion and order barring him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, ordering him to cease and desist from violating Section 17(a) of the Securities Act of 1933, and assessing a $150,000 third-tier civil money penalty. (Rel. 33-9465) In the Matter of Christopher A. SeeleyAn Administrative Law Judge has issued an Initial Decision in Christopher A. Seeley, Admin. Proc. File No. 3-15240. On February 13, 2013, a final judgment was entered against Christopher A. Seeley (Seeley), permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, in the civil action entitled SEC v. Seeley, Case No. 2:11-cv-00907-CW (D. Utah). Based on the final judgment, the Initial Decision permanently bars Seeley pursuant to Section 15(b) of the Exchange Act from association with a broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. (Rel. ID-508) Self-regulatory organizationsImmediate Effectiveness of Proposed Rule ChangeA proposed rule change filed by the Topaz Exchange, LLC (SR-Topaz-2013-05) related to PIM and Penny Pilot periods 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 October 7th. (Rel. 34-70636) A proposed rule change filed by International Securities Exchange, LLC to amend the Schedule of Fees, (SR-ISE-2013-50), 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 October 7th. (Rel. 34-70647) A proposed rule change filed by Topaz Exchange, LLC, related to market maker risk parameters (SR-Topaz-2013-06) 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 October 7th. (Rel. 34-70644) A proposed rule change filed by the Topaz Exchange, LLC (SR-Topaz-2013-07) to amend the Schedule of Fees has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of October 7th. (Rel. 34-70643) Approval of a Proposed Rule ChangeThe Commission granted approval of a proposed rule change (SR-NASDAQ-2013-107) submitted by The NASDAQ Stock Market LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder relating to the listing and trading of the shares of the First Trust Global Tactical Commodity Strategy Fund of First Trust Exchange-Traded Fund VII. Publication is expected in the Federal Register during the week of October 8th. (Rel. 34-70638) 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-1 CHIMERIX INC, 2505 MERIDIAN PARKWAY, SUITE 340, DURHAM, NC, 27713,
919.806.1074 - 0 ($50,000,000.00) Equity, (File 333-191616 - Oct. 8)
(BR. 01B)
S-1 Zulily, Inc., 2200 FIRST AVENUE SOUTH, SEATTLE, WA, 98134,
(877) 779-5614 - 0 ($100,000,000.00) Equity, (File 333-191617 - Oct. 8)
(BR. 02)
S-1 ADM ENDEAVORS, INC., 2021 3RD STREET, BISMARCK, ND, 58501,
701-226-9058 - 2,000,000 ($2,000,000.00) Equity, (File 333-191618 -
Oct. 8) (BR. 06)
S-1 Future Healthcare of America, 1010 EAST FIRST STREET, SUITE A, CASPER,
WY, 82601, 307-266-1152 - 7,628,693 ($2,664,673.25) Equity,
(File 333-191622 - Oct. 8) (BR. 09)
S-3ASR B&G Foods, Inc., FOUR GATEHALL DRIVE, SUITE 110, PARSIPPANY, NJ, 07054,
9734016500 - 0 ($19,964,680.00) Equity, (File 333-191624 - Oct. 8)
(BR. 04A)
S-8 BANCO BILBAO VIZCAYA ARGENTARIA, S.A., PASEO DE LA CASTELLANA, 81,
MADRID, U3, 28046, 011 34 91 537 8172 - 0 ($14,976,153.74) Other,
(File 333-191625 - Oct. 8) (BR. 12A)
S-3ASR CATERPILLAR FINANCIAL SERVICES CORP, 2120 WEST END AVE, NASHVILLE, TN,
37203, 6153411000 - 0 ($1.00) Non-Convertible Debt, (File 333-191626 -
Oct. 8) (BR. 07C)
S-4 STEEL DYNAMICS INC, 7575 W JEFFERSON BLVD, FORT WAYNE, IN, 46804,
260 459 3553 - 0 ($400,000,000.00) Debt, (File 333-191627 - Oct. 8)
(BR. 06B)
S-4 VERIZON COMMUNICATIONS INC, 140 WEST STREET, 29TH FLOOR, NEW YORK, NY,
10007, 212-395-1000 - 0 ($59,714,872,385.10) Equity, (File 333-191628 -
Oct. 8) (BR. 11C)
S-3ASR PUBLIC SERVICE CO OF COLORADO, 1225 17TH ST STE 900, DENVER, CO, 80202,
3035717511 - 0 ($0.00) Debt, (File 333-191629 - Oct. 8) (BR. 02C)
S-3ASR EZCORP INC, 1901 CAPITAL PKWY, AUSTIN, TX, 78746, 5123143400 -
300,000 ($4,749,000.00) Equity, (File 333-191630 - Oct. 8) (BR. 02C)
S-8 TRANSCAT INC, 35 VANTAGE POINT DRIVE, ROCHESTER, NY, 14624,
5853527777 - 1,500,000 ($11,745,000.00) Equity, (File 333-191631 -
Oct. 8) (BR. 10B)
S-8 CYTOMEDIX INC, 209 PERRY PARKWAY,, SUITE 7, GAITHERSBURG,, MD, 20877,
240-499-2680 - 5,500,000 ($2,200,000.00) Equity, (File 333-191632 -
Oct. 8) (BR. 10A)
S-1 CANCER GENETICS, INC, 201 ROUTE 17 NORTH, 2ND FLOOR, RUTHERFORD, NJ,
07070, 201.528.9200 - 0 ($46,000,000.00) Equity, (File 333-191633 -
Oct. 8) (BR. 09)
Recent 8K FilingsForm 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
99 CENTS ONLY STORES CA 1.01 10/08/13
AARON'S INC GA 2.02,5.03,9.01 10/08/13
ACORDA THERAPEUTICS INC 8.01,9.01 10/08/13
ACTIVE NETWORK INC DE 8.01,9.01 10/08/13
AeroVironment Inc DE 5.07 10/04/13
AGENUS INC DE 8.01,9.01 10/07/13
ALLBRITTON COMMUNICATIONS CO DE 8.01,9.01 10/07/13
ALLIANT TECHSYSTEMS INC DE 7.01,8.01,9.01 10/08/13
AMERICAN REALTY CAPITAL HEALTHCARE TR MD 2.01,9.01 08/02/13 AMEND
Ampio Pharmaceuticals, Inc. DE 7.01,9.01 10/08/13
AMR CORP DE 8.01,9.01 10/08/13
ARKANSAS BEST CORP /DE/ DE 7.01,9.01 10/08/13
ARRHYTHMIA RESEARCH TECHNOLOGY INC /D DE 2.02,9.01 10/03/13
ASSURANT INC 8.01,9.01 10/07/13
ATP OIL & GAS CORP TX 5.02 10/07/13
ATWOOD OCEANICS INC TX 1.01,7.01,9.01 10/07/13
Bank of New York Mellon Corp DE 5.03,9.01 10/08/13
Behringer Harvard Opportunity REIT II MD 7.01,9.01 10/08/13
BERRY PLASTICS GROUP INC DE 5.02,9.01 10/08/13
BIOADAPTIVES, INC. DE 3.02 10/01/13
BIOMET INC IN 2.02,9.01 10/08/13
BioRestorative Therapies, Inc. NV 5.07 10/04/13
BIOSPECIFICS TECHNOLOGIES CORP DE 8.01,9.01 10/08/13
BlackRock Inc. DE 5.02,9.01 10/08/13
Boardwalk Pipeline Partners, LP DE 5.03,9.01 10/07/13
BRIDGE BANCORP INC NY 8.01,9.01 10/04/13
Cardium Therapeutics, Inc. DE 8.01,9.01 10/07/13
CATASYS, INC. DE 1.01,3.02,9.01 10/02/13
CATERPILLAR FINANCIAL SERVICES CORP DE 8.01,9.01 10/08/13
CELADON GROUP INC DE 4.01,9.01 10/02/13
CHAMPION INDUSTRIES INC WV 1.01,2.03,9.01 10/07/13
CHAMPION INDUSTRIES INC WV 5.02 10/03/13
CHINA BAK BATTERY INC NV 3.01,5.02 10/08/13
CITIZENS INC CO 8.01,9.01 10/07/13
COMM 2013-CCRE11 Mortgage Trust DE 8.01,9.01 10/07/13
COMM 2013-CCRE11 Mortgage Trust DE 8.01,9.01 10/08/13
COPART INC CA 5.02 10/02/13
CORE LABORATORIES N V P7 7.01,9.01 10/08/13
Cornerstone Core Properties REIT, Inc MD 1.01,2.01,2.03,9.01 10/04/13
COSTAR GROUP INC DE 5.02 10/04/13
COVANCE INC DE 1.01,9.01 10/02/13
Crestwood Midstream Partners LP DE 1.01,1.02,3.01, 10/04/13
3.03,5.02,5.03,5.07,8.01,9.01
CROSS COUNTRY HEALTHCARE INC DE 8.01,9.01 10/08/13
CROSSROADS SYSTEMS INC DE 8.01 10/07/13
CTS CORP IN 1.01,2.01,8.01,9.01 10/07/13
DELCATH SYSTEMS, INC. DE 5.02,8.01,9.01 10/03/13
DIAMOND OFFSHORE DRILLING INC DE 5.03,9.01 10/04/13
DICE HOLDINGS, INC. DE 5.02 10/03/13
DYAX CORP DE 2.02,7.01 10/02/13
ELITE PHARMACEUTICALS INC /NV/ NV 1.01,9.01 10/02/13
Ellington Financial LLC DE 7.01,9.01 10/07/13
EMPIRE RESORTS INC DE 8.01,9.01 10/02/13
EnergySolutions, Inc. DE 7.01,8.01,9.01 10/08/13
ENVESTNET, INC. DE 9.01 10/07/13
Evoke Pharma Inc DE 8.01 10/08/13
EXPEDITORS INTERNATIONAL OF WASHINGTO WA 5.02,7.01,9.01 10/07/13
FAL EXPLORATION CORP. NV 1.01,3.02,8.01,9.01 09/26/13
FASTENAL CO MN 7.01,9.01 10/08/13
Federal Home Loan Bank of Atlanta X1 2.03 10/03/13
Federal Home Loan Bank of Boston X1 2.03 10/02/13
Federal Home Loan Bank of Chicago X1 7.01,9.01 10/08/13
Federal Home Loan Bank of Cincinnati X1 2.03,9.01 10/02/13
Federal Home Loan Bank of Des Moines X1 2.03,9.01 10/04/13
Federal Home Loan Bank of Indianapoli X1 2.03,9.01 10/08/13
Federal Home Loan Bank of New York X1 2.03,9.01 10/02/13
Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 10/02/13
Federal Home Loan Bank of San Francis X1 2.03 10/03/13
FIRST HARTFORD CORP ME 2.03 10/04/13
First Titan Corp. FL 5.02 10/03/13
Firsthand Technology Value Fund, Inc. 8.01,9.01 10/08/13
FITLIFE BRANDS, INC. NV 1.01,3.02,8.01,9.01 09/27/13
FLOWSERVE CORP NY 1.01,2.03,9.01 10/04/13
FOCUS GOLD Corp 3.02,9.01 10/04/13
FX ENERGY INC NV 8.01,9.01 10/08/13
G III APPAREL GROUP LTD /DE/ DE 1.01,9.01 10/04/13
GASTAR EXPLORATION LTD 2.01,9.01 10/02/13
GCI INC AK 5.02 10/08/13
GelTech Solutions, Inc. DE 3.02 10/02/13
GENERAL COMMUNICATION INC AK 5.02 10/08/13
GENSPERA INC DE 7.01,9.01 10/08/13
GLADSTONE CAPITAL CORP MD 7.01,9.01 10/08/13
GLADSTONE INVESTMENT CORPORATION\DE DE 7.01,9.01 10/08/13
GLOBAL EARTH ENERGY, INC. NV 1.01,7.01,9.01 09/27/13
Gold Dynamics Corp. NV 4.01 07/31/13
GREAT EAST ENERGY, INC. DE 4.01,9.01 10/03/13
GREEN DOT CORP DE 5.02 10/08/13
HARRIS & HARRIS GROUP INC /NY/ NY 8.01,9.01 10/08/13
HAWAIIAN ELECTRIC INDUSTRIES INC HI 8.01 10/08/13
HEALTH REVENUE ASSURANCE HOLDINGS, IN NV 5.02,5.03,9.01 10/02/13
Healthcare Corp of America DE 1.02 09/26/13
HEALTHCARE SERVICES GROUP INC PA 2.02,9.01 10/08/13
HIPCRICKET, INC. DE 1.01,2.02,3.02,9.01 10/03/13
HOME BANCORP, INC. LA 5.02,9.01 10/03/13
hopTo Inc. DE 7.01,9.01 10/07/13
HUMANA INC DE 7.01 10/02/13
HYPERDYNAMICS CORP DE 8.01,9.01 10/08/13
ILLINOIS TOOL WORKS INC DE 2.02,9.01 10/08/13
IMOGO MOBILE TECHNOLOGIES CORP. NV 4.01 07/31/13
Ingersoll-Rand plc L2 1.01,2.03,9.01 10/04/13
INTEGRATED DEVICE TECHNOLOGY INC DE 2.05 10/02/13
IntercontinentalExchange Group, Inc. DE 8.01,9.01 10/08/13
INTERCONTINENTALEXCHANGE INC DE 2.04,8.01,9.01 10/08/13
INTERNATIONAL ISOTOPES INC TX 8.01 10/04/13
INTERSTATE POWER & LIGHT CO IA 2.03,8.01,9.01 10/03/13
INVENT Ventures, Inc. NV 1.01,2.03,3.02,9.01 09/27/13
INVESTMENT TECHNOLOGY GROUP INC DE 8.01,9.01 10/08/13
Investview, Inc. NV 1.01,3.02,9.01 10/02/13
ISSUER DIRECT CORP 2.01,9.01 10/08/13 AMEND
J C PENNEY CO INC DE 8.01,9.01 10/08/13
JACKSONVILLE BANCORP INC /FL/ FL 8.01,9.01 10/08/13
Jacksonville Bancorp, Inc. MD 2.02,9.01 10/08/13
JAMBA, INC. DE 3.01 10/03/13
JOHNSON OUTDOORS INC WI 7.01,9.01 10/08/13
Kallo Inc. NV 7.01,9.01 10/07/13
KERYX BIOPHARMACEUTICALS INC DE 8.01,9.01 10/08/13
Landmark Apartment Trust of America, 9.01 07/23/13 AMEND
Life Stem Genetics Inc. NV 2.01,3.02,5.01, 09/19/13
5.02,5.06,9.01
LINDSAY CORP DE 5.02 10/04/13
LOEWS CORP DE 5.02,9.01 10/08/13
LPATH, INC NV 8.01,9.01 10/08/13
LVB Acquisition, Inc. 1.01,8.01,9.01 10/05/13
MAKO Surgical Corp. DE 2.01,3.02,8.01,9.01 10/08/13
MARIN SOFTWARE INC DE 5.02 10/04/13
MILLER HERMAN INC MI 5.07 10/07/13
Morningstar, Inc. IL 5.02,9.01 10/08/13
NAKED BRAND GROUP INC. NV 3.02,5.02,9.01 09/24/12
NATIONAL RURAL UTILITIES COOPERATIVE DC 8.01,9.01 10/08/13
NATURES SUNSHINE PRODUCTS INC UT 5.02,9.01 10/07/13
NovaCopper Inc. A1 7.01,9.01 10/07/13
NRG ENERGY, INC. DE 1.01,9.01 10/07/13
Nuance Communications, Inc. DE 5.02,9.01 10/07/13
OCZ TECHNOLOGY GROUP INC DE 8.01,9.01 10/07/13
OCZ TECHNOLOGY GROUP INC DE 2.02,9.01 10/07/13
ON SEMICONDUCTOR CORP DE 2.05,8.01,9.01 10/06/13
ONE LIBERTY PROPERTIES INC MD 7.01,9.01 10/08/13
PERICOM SEMICONDUCTOR CORP CA 5.02 10/03/13
PHARMATHENE, INC DE 8.01,9.01 10/08/13
PROCTER & GAMBLE Co OH 7.01 10/08/13
PUBLIC SERVICE ENTERPRISE GROUP INC NJ 7.01,9.01 10/08/13
PULASKI FINANCIAL CORP MO 5.02 10/04/13
QUALCOMM INC/DE DE 5.02 10/06/13
RADIAN GROUP INC DE 2.02,9.01 10/08/13
RAZOR RESOURCES INC NV 4.01 10/05/13
REPUBLIC BANCORP INC /KY/ KY 1.02 10/08/13
Resource Real Estate Opportunity REIT MD 8.01 09/30/13
SEAGATE TECHNOLOGY LLC DE 1.01,1.02,9.01 10/07/13
Seagate Technology plc L2 1.01,1.02,9.01 10/07/13
SHARPROCK RESOURCES INC. NV 8.01 09/10/13 AMEND
SHENANDOAH TELECOMMUNICATIONS CO/VA/ VA 7.01,9.01 10/08/13
Solar Senior Capital Ltd. MD 7.01,9.01 10/08/13
SPARE BACKUP, INC. DE 4.01,9.01 09/26/13
Spirit Realty Capital, Inc. MD 7.01,9.01 10/08/13
SS&C Technologies Holdings Inc DE 5.02,9.01 10/02/13
STRATTEC SECURITY CORP WI 5.07 10/08/13
SUMMER ENERGY HOLDINGS INC NV 5.07 06/04/13 AMEND
SUPERTEL HOSPITALITY INC VA 5.07 05/21/13 AMEND
SWIFT TRANSPORTATION Co 8.01 10/07/13
SYNTROLEUM CORP DE 7.01,9.01 10/08/13
Tallgrass Energy Partners, LP DE 7.01,9.01 10/07/13
Textura Corp DE 8.01 10/04/13
TGC INDUSTRIES INC TX 2.02,7.01,9.01 10/08/13
TherapeuticsMD, Inc. NV 7.01,9.01 10/07/13
TIANYIN PHARMACEUTICAL CO., INC. DE 4.01 09/30/13
TIER REIT INC MD 1.01 10/08/13
TRIO TECH INTERNATIONAL CA 1.01 10/02/13
Tropicana Las Vegas Hotel & Casino, I DE 5.02 10/04/13
TWENTY-FIRST CENTURY FOX, INC. 8.01,9.01 10/07/13
Under Armour, Inc. MD 5.02 10/02/13
UNILENS VISION INC 1.01,5.02,9.01 10/04/13
UNITED ONLINE INC DE 5.02 10/02/13
UniTek Global Services, Inc. DE 5.08 10/08/13
UNIVERSAL HEALTH REALTY INCOME TRUST MD 5.02,9.01 10/03/13
VISTA GOLD CORP B0 1.01,7.01,9.01 10/08/13
VITRAN CORP INC A6 7.01,9.01 10/07/13
WALT DISNEY CO/ DE 5.03,9.01 10/04/13
WNC CALIFORNIA HOUSING TAX CREDITS II CA 2.02,9.01 10/08/13
WNC HOUSING TAX CREDIT FUND V LP SERI CA 2.02,9.01 10/08/13
WOLVERINE WORLD WIDE INC /DE/ MI 2.02,2.05,9.01 10/04/13
XEROX CORP NY 8.01 10/03/13
YUM BRANDS INC NC 2.02,9.01 10/08/13
http://www.sec.gov/news/digest/2013/dig100913.htm
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