Commission Issues Proposal on Crowdfunding
The Securities and Exchange Commission (Commission) today voted unanimously to propose rules under the JOBS Act to permit companies to offer and sell securities through crowdfunding.
Crowdfunding describes an evolving method of raising capital that has been used outside of the securities arena to raise funds through the Internet for a variety of projects ranging from innovative product ideas to artistic endeavors like movies or music. Title III of the JOBS Act created an exemption under the securities laws so that this type of funding method can be easily used to offer and sell securities as well. The JOBS Act also established the foundation for a regulatory structure for this funding method.
SEC Chair Mary Jo White noted that the intent of the JOBS Act is to make it easier for startups and small businesses to raise capital from a wide range of potential investors and provide additional investment opportunities for investors.
"There is a great deal of excitement in the marketplace about the crowdfunding exemption, and I'm pleased that we're in a position to seek public comment on a proposal to permit crowdfunding," said Chair White. "We want this market to thrive in a safe manner for investors."
The SEC is seeking public comment on the proposed rules for a 90day period following their publication in the Federal Register. (Press Rel. 2013227)
Financial Regulators Proposing Joint Standards for Assessing Diversity Policies and Practices of Regulated Entities
Six federal financial regulatory agencies are proposing joint standards for assessing the diversity policies and practices of the institutions they regulate.
The proposed standards are intended to promote transparency and awareness of diversity policies and practices within the institutions.
The assessment standards cover four key areas:
In developing these proposed standards, the six agencies tailored the standards to account for variables including asset size, number of employees, governance structure, income, number of members or customers, contract volume, location, and community characteristics. The agencies recognize standards may need to change and evolve over time.
Each of the federal financial regulatory agencies houses an Office of Minority and Women Inclusion (OMWI). Under Section 342 of the DoddFrank Wall Street Reform and Consumer Protection Act, each OMWI is required to develop standards for assessing diversity policies and practices in the regulated entities.
The agencies' OMWI directors held roundtable discussions with a range of parties, including representatives from depository institutions, holding companies, credit unions, and industry trade groups to solicit input on assessment standards and learn about the challenges and successes of current diversity programs and policies. Roundtable discussions also were held with financial professionals, consumer advocates, and community representatives to gain a greater understanding of issues facing minorities and women in employment and business contracting in the financial sector. Information obtained from those discussions helped shape the proposed standards.
Once published in the Federal Register, the proposed policy statement will be available for public comment for 60 days. (Press Rel. 2013228)
Commission Sanctions Three Firms under Compliance Program Initiative
The Commission today sanctioned three investment advisory firms for repeatedly ignoring problems with their compliance programs.
The enforcement actions arise from the agency's Compliance Program Initiative, which targets firms that have been previously warned by SEC examiners about compliance deficiencies but failed to effectively act upon those warnings. Had the problems been addressed, the firms could have prevented their eventual securities law violations. The SEC Enforcement Division's Asset Management Unit has coordinated with examiners to bring several cases since the initiative began two years ago.
The firms charged today – Modern Portfolio Management Inc., Equitas Capital Advisers LLC, and Equitas Partners LLC – have agreed to settlements in which they will pay financial penalties and hire compliance consultants.
"The Compliance Program Initiative is designed to address repeated compliance failures that may lead to bigger problems," said Andrew J. Ceresney, codirector of the SEC's Division of Enforcement. "That risk materialized with these firms, whose compliance programs were not adequate to prevent misleading statements in marketing materials or inadvertent overbilling of clients. Firms must not only have policies and procedures in place, but also need to properly implement those policies and procedures."
Andrew Bowden, director of the SEC's National Exam Program, added, "After SEC examiners identified significant deficiencies, these firms did little or nothing to address them by the next examination. Firms must fix deficiencies identified by our examiners."
Under what is known as the "Compliance Rule" (Rule 206(4)7 of the Investment Advisers Act), investment advisers are required to adopt and implement written policies and procedures that are reasonably designed to prevent securities law violations. The rule requires advisers to review their policies and procedures at least once a year for adequacy and effectiveness of implementation. Advisers also must designate a chief compliance officer responsible for administering the policies and procedures.
The SEC's order against Modern Portfolio Management (MPM) and its owners G. Thomas Damasco II and Bryan Ohm finds that they failed to correct ongoing compliance violations at the firm despite prior warnings from SEC examiners. In particular, they failed to complete annual compliance reviews in 2006 and 2009 and made misleading statements on MPM's website and investor brochure. For instance, one location on MPM's website misleadingly represented that the firm had more than $600 million in assets. However, on its Form ADV filing to the SEC during that same time period, it reported that the firm's assets under management were $359 million or less.
MPM, Damasco, and Ohm agreed to be censured and pay a total of $175,000 in penalties. Damasco and Ohm must complete 30 hours of compliance training, and MPM has agreed to designate someone other than Damasco or Ohm to be its chief compliance officer. MPM, which is based in Holland, Ohio, must retain a compliance consultant for three years.
According to the SEC's orders against New Orleansbased Equitas Capital Advisers and Equitas Partners as well as owner David S. Thomas, Jr., chief compliance officer Susan Christina, and former owner and chief compliance officer Stephen Derby Gisclair, they failed to adopt and implement written compliance policies and procedures and conduct annual compliance reviews to satisfy the Compliance Rule. The Equitas firms made false and misleading disclosures about historical performance, compensation, and conflicts of interest, and they inadvertently yet repeatedly overbilled and underbilled their clients. Many of these violations occurred despite warnings by SEC examiners during examinations of the Equitas firms in 2005, 2008, and 2011. The firms, Thomas, and Gisclair failed to disclose these deficiencies to potential clients in response to questions in certain due diligence questionnaires or requests for proposals. Gisclair also caused Compliance Rule violations and the incorrect billing of clients at Crescent Capital Consulting LLC, an investment advisory firm that he opened in late 2010. Gisclair inflated the amounts of assets managed by Equitas and Crescent in their Form ADV filings to the SEC, and he improperly removed and retained nonpublic personal client information when he left Equitas.
Equitas Capital Advisers and Crescent have reimbursed all overcharged clients, and Equitas Capital Advisers, Thomas, and Gisclair agreed to pay a total of $225,000 in additional penalties. The Equitas firms have agreed to censures, the Equitas firms and Crescent have hired independent compliance consultants, and the Equitas firms and Gisclair must give clients notice of the SEC enforcement actions.
The SEC's investigation into the Equitas firms was conducted by David Neuman of the Asset Management Unit and Virginia Rosado Desilets, and was supervised by Jeffrey Finnell of the Asset Management Unit. Examinations of the firms were conducted by Conston Casey, David Marsh, Kenny Clowers, and Mavis Kelly. The SEC's investigation of Modern Portfolio Management was conducted by Amy Flaherty Hartman and Jamie Davidson following examinations of the firm by Michael Esposito, Sarah Kuhn, Arthur Stoll, Louis Gracia, Steven Levine, Kiley Hamilton, Belinda Hoskins, and Maureen Dempsey of the Chicago Regional Office. (Press Rel. 2013226; Rels. IA3702; 3470743)
Commission Obtains Jury Verdict in Its Favor against Minneapolis Attorney, Real Estate Finance Fund and Fund Manager on Fraud Claims
The Commission announced today that, on October 22, 2013, following a fiveweek trial, a jury in federal district court in St. Paul, Minnesota, returned a verdict against Todd A. Duckson, a Minneapolis, Minnesota attorney, Capital Solutions Monthly Income Fund, LP, a Minneapolisbased real estate lending fund (the "Fund"), and Transactional Finance Fund Management LLC, a company owned by Duckson that became the fund's investment advisor in November 2008. The Commission's complaint, which was filed in September 2010, alleged that the defendants engaged in securities fraud in connection with their offer and sale of interests in the Fund.
The complaint alleged that, from approximately March 2008 through December 2009, the Fund raised $21.6 million from investors in a series of unregistered offerings. During most of the period of the Fund's existence, it made "mezzanine loans" – or loans subordinate to more senior loans – to a single borrower. That borrower encountered financial problems in 2007 and, by May 2008, had defaulted on its obligations to the Fund. As a result, the Fund had no meaningful incomeproducing assets. The complaint alleged that in written documents provided to investors between March 2008 and late 2009, the Defendants made materially false and misleading statements that effectively hid the Fund's deteriorating financial condition. The complaint also alleged that the Fund would use proceeds raised in offerings primarily to make real estate loans and other investments, when in fact the Fund needed to use most of the proceeds to pay senior lenders on properties the Fund had acquired and to make interest payments to existing investors. Duckson played a key role in drafting the written documents provided to investors, first as the attorney for the Fund and, in and after November 2008, as the Fund's manager.
At the conclusion of a fiveweek trial, the jury returned a verdict for the Commission and against all three Defendants. In particular, the jury found in favor of the Commission on its claims that Duckson and the Fund violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b5 thereunder, that Duckson aided and abetted the Fund's violation of Section 10(b) of the Securities Exchange Act and Rule 10b5 thereunder, and that Transactional Finance Fund Management LLC violated Section 10(b) of the Securities Exchange Act and Rule 10b5 thereunder. Finally, the jury found in favor of Transactional Finance Fund Management LLC on the Commission's claim that it violated Section 17(a) of the Securities Act. The jury specifically found that Duckson and the Fund acted with knowledge in committing the violations described above.
The trial team from the Commission's Chicago Regional Office consisted of trial attorneys Eric M. Phillips, Daniel J. Hayes, Benjamin J. Hanauer, attorney Marlene KeyPatterson and paralegal Terri Roberts. [SEC v. True North Finance Corporation, f/k/a CS Financing Corporation, et al., Civil Action No. 103995DWF/JJK (D. Minn.)] (LR22853)
Commission Obtains Final Judgment against New JerseyBased Consultants to Chinese Reverse Merger Companies
The Commission announced today that the Honorable Ronnie Abrams of the United States District Court for the Southern District of New York entered a final judgment against defendants Huakang Zhou (a/k/a David Zhou) and Warner Technology and Investment Corporation on October 18, 2013. The judgment permanently enjoins Zhou and Warner Investment from violating Sections 5 and 17(a) of the Securities Act of 1933, Sections 10(b), 13(d), 15(a), and 16(a) of the Securities Exchange Act of 1934, and Rules 10b5, 13d1, 13d2, and 16a3 thereunder.
Zhou and Warner Investment agreed to pay more than $1.4 million to settle the SEC's charges. Zhou and Warner Investment consented to the entry of judgment, without admitting or denying the allegations, and are liable to pay disgorgement in the amount of $983,375 plus prejudgment interest thereon in the amount of $82,449, and Zhou is liable to pay civil penalties in the amount of $400,000. The Commission's complaint alleged that Zhou and Warner Investment, consultants to numerous Chinese reverse merger companies, in connection with such work for various clients from 2007 through at least 2010, engaged in a scheme to list one client on a national securities exchange through manipulative trading and by facilitating in effect an artificial shareholder base sufficient for listing. Further, the complaint alleged that Zhou and Warner Investment made material misstatements and omissions in connection with an offering for another client through the misuse of proceeds. The complaint also alleged that Zhou and Warner Investment did not disclose certain holdings and transactions; sold unregistered securities; and acted as unregistered brokers and aided and abetted others' unregistered broker activity.
Based on the final judgment, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions that bars Zhou and Warner Investment by consent from association with any investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, and from participating in any offering of a penny stock, with the right to apply for reentry after five years.
The Commission also previously brought several other actions stemming from its investigation into China Yingxia International, Inc., with one civil injunctive action still pending. For more information on matters relating to China Yingxia, see Litigation Release 22430 (July 30, 2012) and Litigation Release 22704 (May 20, 2013). [SEC v. Zhou, Civil Action No. 12Civ8987 (S.D.N.Y. July 30, 2012) (RA)] (LR22854)
Jury Finds Mark Cuban Not Liable For Insider Trading
On October 16, 2013, after a threeweek trial, a nineperson federal jury found Mark Cuban not liable for insider trading. On November 17, 2008, the Commission filed a Complaint against Cuban alleging that he engaged in insider trading in securities issued by Mamma.com in violation of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b5 thereunder. [SEC v. Mark Cuban, Case No. 08CV2050D (N.D. Tex., filed November 17, 2008)] (LR22855)
Initial Decision of Default as to Six Respondents
An Administrative Law Judge has issued an Initial Decision of Default as to Six Respondents (ID) in American Energy Production, Inc., Admin. Proc. File No. 315496. The Order Instituting Proceedings alleged that Respondents repeatedly failed to file timely periodic reports while their securities were registered with the Securities and Exchange Commission. The ID finds these allegations to be true as to Respondents Best Energy Services, Inc., Community Central Bank Corporation, HemoBioTech, Inc., Larrea Biosciences Corporation, MBI Financial, Inc., and Million Dollar Saloon, Inc., and revokes the registration of each class of their registered securities, pursuant to Section 12(j) of the Securities Exchange Act of 1934. The proceeding previously ended in settlement as to Respondents Explortex Energy, Inc., and American Energy Production, Inc. American Energy Production, Inc., Exchange Act Release Nos. 70622 (Oct. 8, 2013) and 70700 (Oct. 17, 2013). (ID509)
Delinquent Filer's Stock Registration Revoked
The registration of the registered securities of AcuNetx, Inc., has been revoked. It had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, it violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocation was ordered in an administrative proceeding before an administrative law judge. (ID510)
Commission Files Subpoena Enforcement Action against Michael Grosso
On October 21, 2013, the Commission filed an application with the United States District Court for the Northern District of Georgia for an order to enforce investigative administrative subpoenas served on Michael Grosso in conjunction with securities being sold related to BHJ Brokerage and Consulting Firm, LLC ("BHJ"), an unregistered entity located Georgia. Grosso lives in Rocky Point, NY.
The Commission's application and supporting papers allege that on September 21, 2012, the Commission issued a Formal Order Directing Private Investigation entitled In the Matter of BHJ Brokerage and Consulting Firm, LLC. According to the Commission's application, Grosso has failed to comply with validly issued and served subpoenas for his testimony relating to this investigation, which involves, but is not limited to, the possible offerings and sales of securities in BHJ, for which no registration statement was in effect and for which no exemption from registration is available. The investigation relates to possible false and misleading statements by BHJ and/or its principals in effecting those transactions in or inducing or attempting to induce the purchase or sale of securities.
A hearing on the Commission's application has not yet been scheduled. [Securities and Exchange Commission v. Michael Grosso, Civil Action No. 1:13MI0158TWT (N.D. GA filed October 21, 2013)] (LR22852)
Delinquent Filers' Stock Registrations Revoked
The registrations of the registered securities of Alliance Pharmaceutical Corp., BBV Vietnam S.E.A. Acquisition Corp., Cash Technologies, Inc., and Conspiracy Entertainment Holdings, Inc., have been revoked. Each had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, each violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocations were ordered in an administrative proceeding before an administrative law judge. (Rel. 3470710)
Investment company orders
Stellus Capital Investment Corporation, et al.
An order has been issued on an application filed by Stellus Capital Investment Corporation, et al., under Sections 57(a)(4) and 57(i) of the Investment Company Act of 1940 (Act) and Rule 17d1 under the Act. The order permits a business development company to coinvest with certain affiliated investment funds in portfolio companies. (IC30754)
U.S. Global Investors, Inc., et al.
An order has issued on an application filed by U.S. Global Investors, Inc., et al. The order permits: (a) series of certain openend 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 from 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. (IC30755)
Immediate Effectiveness of Proposed Rule Change
A proposed rule change filed by Financial Industry Regulatory Authority, Inc. to revise the Series 6 examination program (SRFINRA2013045) 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 28. (Rel. 3470744)
A proposed rule change filed by NASDAQ OMX Phlx LLC (SRPhlx2013104) to implement transition to Friday expiration for most options contracts. Publication is expected in the Federal Register during the week of October 28. (Rel. 3470745)
A proposed rule change filed by NASDAQ OMX BX, Inc. (SRBX2013055) to implement transition to Friday expiration for most options contracts. Publication is expected in the Federal Register during the week of October 28. (Rel. 3470746)
A proposed rule change filed by The NASDAQ Stock Market LLC (SRNADAQ2013133) to implement transition to Friday expiration for most options contracts. Publication is expected in the Federal Register during the week of October 28. (Rel. 3470747)
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 TearLab Corp, 9980 HUENNEKENS ST., SUITE 100, SAN DIEGO, CA, 92121, 858-794-1400 - 300,000 ($3,262,500.00) Equity, (File 333-191838 - Oct. 22) (BR. 10B) S-4 Revett Minerals Inc., 11115 EAST MONTGOMERY, SUITE G, SPOKANE VALLEY, WA, 99206, (509) 921-2294 - 34,596,387 ($21,103,796.00) Equity, (File 333-191839 - Oct. 22) (BR. 09A) S-1 VARONIS SYSTEMS INC, 1250 BROADWAY, 31ST FLOOR, NEW YORK, NY, 10001, 877-292-8767 - 0 ($100,000,000.00) Equity, (File 333-191840 - Oct. 22) (BR. 03A) S-4 1ST CONSTITUTION BANCORP, 2650 ROUTE 130, BOX 634, CRANBURY, NJ, 08512, 6096554500 - 0 ($10,797,455.50) Equity, (File 333-191841 - Oct. 22) (BR. 07B) F-3 TOP IMAGE SYSTEMS LTD, 2 BEN GURION STREET, RAMAT GAN, L3, 52573, 972-3-767-9100 - 4,000,000 ($15,360,000.00) Equity, (File 333-191842 - Oct. 22) (BR. 03B) F-1 500.com Ltd, 6th Floor, Block 9, Ph 2, Shenzhen SW Pk, Keji Zhongerlu, Nanshan District, Shenzhen, F4, 518057, (86755) 8835-2500 - 0 ($150,000,000.00) ADRs/ADSs, (File 333-191844 - Oct. 22) (BR. 05) S-3ASR SIGMA ALDRICH CORP, 3050 SPRUCE ST, ST LOUIS, MO, 63103, 3147715765 - 0 ($0.00) Other, (File 333-191845 - Oct. 22) (BR. 06B) F-1 Sungy Mobile Ltd, FLOOR 17, TOWER A,, NO. 33 ZHONGSHAN 3RD ROAD, GUANG ZHOU, F4, 510055, 00862066815066 - 0 ($80,000,000.00) ADRs/ADSs, (File 333-191846 - Oct. 22) (BR. 03) N-2 Evanston Alternative Opportunities Fund, 1560 SHERMAN AVENUE, SUITE 960, EVANSTON, IL, 60201, 847-328-4961 - 100,000 ($1,000,000.00) Equity, (File 333-191847 - Oct. 22) (BR. ) S-1 American Petroleum Tankers Partners LP, 600 W. GERMANTOWN PIKE, SUITE 400, PLYMOUTH MEETING, PA, 19462, (610)940-1677 - 0 ($172,500,000.00) Equity, (File 333-191848 - Oct. 22) (BR. 05) F-10 HUSKY ENERGY INC, 707 EIGHTH AVE, PO BOX 6525 STATION D, CALGARY ALBERTA, A0, T2P 1H5, 4032986111 - 0 ($3,000,000,000.00) Other, (File 333-191849 - Oct. 22) (BR. 04A) S-4 AAR CORP, 1100 N WOOD DALE RD, WOOD DALE, IL, 60191, 6302272000 - 0 ($150,000,000.00) Debt, (File 333-191850 - Oct. 22) (BR. 05A) S-3ASR MFA FINANCIAL, INC., 350 PARK AVENUE, 20TH FL, NEW YORK, NY, 10022, 2122076400 - 0 ($0.00) Equity, (File 333-191851 - Oct. 22) (BR. 08B) S-4 CARDINAL FINANCIAL CORP, 8270 GREENSBORO DRIVE, SUITE 500, MCLEAN, VA, 22102, 7035843400 - 0 ($56,559,299.00) Equity, (File 333-191852 - Oct. 22) (BR. 07B) S-3 Venaxis, Inc., 1585 S. PERRY STREET, CASTLE ROCK, CO, 80104, (303) 794-2000 - 0 ($2,728.00) Equity, (File 333-191853 - Oct. 22) (BR. 01B) S-1 OCZ TECHNOLOGY GROUP INC, 6373 SAN IGNACIO AVENUE, SAN JOSE,, CA, 95119-1200, 408-733-8400 - 13,483,750 ($16,989,525.00) Equity, (File 333-191854 - Oct. 22) (BR. 03A)
Form 8K is used by companies to file current reports on the following events:
8K 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 United Bancorp, Inc. FL 7.01,9.01 10/22/13 4Cable TV International, Inc. NV 8.01,9.01 10/22/13 99 CENTS ONLY STORES LLC CA 5.02,8.01 10/16/13 ACCESS NATIONAL CORP VA 2.02,7.01,9.01 10/21/13 ACE Ltd V8 2.02,9.01 10/22/13 ACQUIRED SALES CORP NV 5.02,8.01 10/17/13 Actavis plc L2 7.01 10/18/13 Actavis, Inc. NV 7.01 10/18/13 ADMA BIOLOGICS, INC. DE 1.01,8.01,9.01 10/17/13 Advaxis, Inc. DE 1.01,8.01,9.01 10/22/13 AK STEEL HOLDING CORP DE 2.02,9.01 10/22/13 AK STEEL HOLDING CORP DE 5.02,9.01 10/18/13 ALASKA PACIFIC BANCSHARES INC AK 8.01,9.01 10/21/13 ALCO STORES INC KS 3.01,8.01,9.01 10/21/13 ALION SCIENCE & TECHNOLOGY CORP DE 5.02,8.01 10/09/13 ALLIANCE DATA SYSTEMS CORP DE 7.01,9.01 10/22/13 ALLIANCE FIBER OPTIC PRODUCTS INC CA 5.07 10/21/13 ALLIANT TECHSYSTEMS INC DE 7.01,8.01,9.01 10/22/13 ALTERA CORP DE 2.02,8.01,9.01 10/21/13 Altisource Asset Management Corp VI 2.02,9.01 10/22/13 Altisource Residential Corp 2.02,9.01 10/22/13 AMARIN CORP PLC\UK X0 2.05 10/22/13 AMERICAN CAMPUS COMMUNITIES INC MD 2.02,7.01,9.01 10/21/13 AMERICAN EQUITY INVESTMENT LIFE HOLDI IA 8.01,9.01 10/22/13 American Mining Corp NV 7.01,9.01 10/21/13 American Realty Capital Properties, I MD 3.01,5.02,8.01,9.01 10/16/13 Ameris Bancorp GA 2.02,9.01 10/21/13 AMGEN INC DE 2.02,9.01 10/22/13 AMSURG CORP TN 2.02,7.01,9.01 09/30/13 Anchor Funding Services, Inc. DE 5.07,9.01 10/16/13 ANIXTER INTERNATIONAL INC DE 2.02,9.01 10/22/13 ANTERO RESOURCES Corp 1.01,2.03,9.01 10/21/13 APOLLO GROUP INC AZ 2.02,5.07,9.01 10/21/13 ARATANA THERAPEUTICS, INC. DE 1.01,9.01 10/22/13 ARGAN INC DE 8.01,9.01 10/18/13 ARRAY BIOPHARMA INC DE 8.01,9.01 10/22/13 ASBURY AUTOMOTIVE GROUP INC DE 2.02,9.01 10/22/13 ASSOCIATED BANC-CORP WI 8.01,9.01 10/22/13 ASTEC INDUSTRIES INC TN 2.02,9.01 10/22/13 AURORA GOLD CORP DE 5.02,5.03,9.01 10/22/13 AVALON HOLDINGS CORP OH 8.01 10/22/13 Bacterin International Holdings, Inc. DE 7.01,9.01 10/22/13 BANCORPSOUTH INC MS 2.02,7.01,9.01 10/21/13 BankUnited, Inc. DE 2.02,9.01 10/22/13 BAR HARBOR BANKSHARES ME 8.01 10/22/13 BARD C R INC /NJ/ NJ 2.02,9.01 10/22/13 Bazaarvoice Inc DE 5.07 10/22/13 BBCN BANCORP INC DE 2.02,8.01,9.01 10/21/13 BLOUNT INTERNATIONAL INC DE 5.02,5.05 10/22/13 BOB EVANS FARMS INC DE 7.01,9.01 10/22/13 BRANDYWINE REALTY TRUST MD 2.01,9.01 10/16/13 BRIGGS & STRATTON CORP WI 5.02,5.07 10/16/13 BROADCOM CORP CA 2.02,9.01 10/22/13 Calamos Asset Management, Inc. /DE/ 2.02,9.01 10/22/13 CALLON PETROLEUM CO DE 1.01,7.01,9.01 10/17/13 Cape Bancorp, Inc. MD 8.01,9.01 10/21/13 CAPELLA EDUCATION CO 2.02,9.01 10/22/13 Cardiovascular Systems Inc DE 8.01,9.01 10/22/13 CARLISLE COMPANIES INC DE 1.01,2.02,7.01,9.01 10/21/13 CARROLS RESTAURANT GROUP, INC. 5.02 10/17/13 CATERPILLAR INC DE 7.01 10/22/13 CCFNB BANCORP INC PA 2.02,9.01 10/22/13 CENTENE CORP 2.02,9.01 10/22/13 CHEESECAKE FACTORY INC DE 1.01,2.03,9.01 10/16/13 Cheniere Energy Partners, L.P. DE 8.01,9.01 10/22/13 CHINA MARINE FOOD GROUP LTD NV 3.01,9.01 10/21/13 Cindisue Mining Corp DE 1.01,3.02,9.01 10/22/13 CIT GROUP INC DE 2.02,5.02,7.01,8.01, 10/22/13 9.01 CLIFFS NATURAL RESOURCES INC. OH 5.02 10/21/13 CNL LIFESTYLE PROPERTIES INC MD 8.01,9.01 10/22/13 COACH INC MD 2.02,9.01 10/22/13 COMMITTED CAPITAL ACQUISITION Corp DE 8.01,9.01 10/22/13 COMMUNITY BANK SYSTEM, INC. DE 2.02,9.01 10/22/13 COMPUTER TASK GROUP INC NY 2.02,9.01 10/22/13 CONSOLIDATED CAPITAL INSTITUTIONAL PR CA 1.01,9.01 10/18/13 Cord Blood America, Inc. FL 7.01 10/18/13 CORNING INC /NY NY 2.02,9.01 10/22/13 CORNING INC /NY NY 7.01,9.01 10/22/13 Corporate Resource Services, Inc. DE 8.01,9.01 10/22/13 CREDITRISKMONITOR COM INC NV 8.01,9.01 10/22/13 CREE INC NC 2.02,9.01 10/22/13 Crestwood Midstream Partners LP DE 8.01,9.01 10/22/13 CROSSTEX ENERGY INC DE 1.01,9.01 10/21/13 CROSSTEX ENERGY LP DE 1.01,3.02,9.01 10/21/13 CSB BANCORP INC /OH OH 2.02,9.01 10/22/13 CSX CORP VA 1.01,2.03,9.01 10/17/13 CUBIST PHARMACEUTICALS INC DE 2.02,9.01 10/22/13 CUBIST PHARMACEUTICALS INC DE 8.01,9.01 10/22/13 CYPRESS SEMICONDUCTOR CORP /DE/ DE 1.01,9.01 10/17/13 DARA BioSciences, Inc. DE 1.01,1.02,3.02,8.01, 10/17/13 9.01 DATALINK CORP MN 2.02,9.01 10/22/13 DELTA AIR LINES INC /DE/ DE 2.02,9.01 10/22/13 DEVON ENERGY CORP/DE DE 1.01,9.01 10/21/13 DEVRY INC DE 7.01 10/10/13 Deyu Agriculture Corp. NV 5.02 10/16/13 diaDexus, Inc. DE 1.01,2.03,9.01 10/17/13 DOLE FOOD CO INC DE 7.01,8.01,9.01 10/21/13 DRIL-QUIP INC DE 5.02,9.01 10/18/13 DUPONT E I DE NEMOURS & CO DE 2.02,9.01 10/22/13 DURECT CORP DE 8.01,9.01 10/22/13 DYAX CORP DE 2.02,9.01 10/22/13 ELECTRONIC ARTS INC. DE 7.01,9.01 10/22/13 Ellington Financial LLC DE 7.01 10/22/13 EMC CORP MA 2.02,9.01 10/22/13 ENDEAVOUR INTERNATIONAL CORP NV 2.02,5.02,7.01,9.01 10/16/13 ENTEGRIS INC DE 2.02,9.01 10/22/13 ENZON PHARMACEUTICALS INC DE 5.02,8.01 10/21/13 Epizyme, Inc. DE 2.02,9.01 10/22/13 EQUITY LIFESTYLE PROPERTIES INC MD 2.02,7.01,9.01 10/21/13 Evergreen-Agra, Inc. NY 8.01 10/22/13 AMEND EXACTECH INC FL 2.02,7.01,9.01 10/22/13 EXCO RESOURCES INC TX 1.01,7.01,9.01 10/16/13 F&M BANK CORP VA 2.02,9.01 10/22/13 FASTFUNDS FINANCIAL CORP NV 5.03,9.01 10/22/13 FBR & Co. VA 2.02,5.07,9.01 10/22/13 Federal Home Loan Bank of Atlanta X1 2.03 10/18/13 Federal Home Loan Bank of Boston X1 2.03 10/17/13 Federal Home Loan Bank of Chicago X1 2.02,9.01 10/22/13 Federal Home Loan Bank of Cincinnati X1 2.03,9.01 10/17/13 Federal Home Loan Bank of Des Moines X1 2.03,9.01 10/18/13 Federal Home Loan Bank of Indianapoli X1 2.03,9.01 10/22/13 Federal Home Loan Bank of New York X1 2.03,9.01 10/17/13 Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 10/16/13 Federal Home Loan Bank of Pittsburgh PA 2.02,7.01 10/21/13 Federal Home Loan Bank of San Francis X1 2.03 10/18/13 Federal Home Loan Bank of Topeka 2.03,9.01 10/17/13 FEDERAL NATIONAL MORTGAGE ASSOCIATION 5.02 10/18/13 FIRST CAPITAL BANCORP, INC. VA 2.02,9.01 10/22/13 FIRST COMMUNITY BANCSHARES INC /NV/ NV 8.01,9.01 10/22/13 FIRST HORIZON NATIONAL CORP TN 5.02,8.01 10/21/13 FIRST INTERSTATE BANCSYSTEM INC MT 2.02,9.01 10/21/13 FIRST POTOMAC REALTY TRUST MD 1.01,2.03,9.01 10/16/13 FIRSTMERIT CORP /OH/ OH 2.02,9.01 10/22/13 Flux Power Holdings, Inc. NV 1.01,2.03,9.01 10/16/13 FMC TECHNOLOGIES INC DE 2.02,9.01 10/22/13 FOREST LABORATORIES INC DE 2.02,9.01 10/21/13 FORMCAP CORP. NV 3.02,9.01 10/22/13 FREEPORT MCMORAN COPPER & GOLD INC DE 2.02,9.01 10/22/13 FS Investment CORP MD 2.02,8.01,9.01 10/16/13 FULTON FINANCIAL CORP PA 2.02,7.01,9.01 10/22/13 FUSION TELECOMMUNICATIONS INTERNATION DE 7.01 10/22/13 GASTAR EXPLORATION LTD 1.01,9.01 10/18/13 GENTEX CORP MI 2.02,9.01 10/22/13 GENTIVA HEALTH SERVICES INC DE 1.01,1.02,2.01,2.03, 10/18/13 3.02,5.02,9.01 GLEACHER & COMPANY, INC. DE 5.02,8.01,9.01 10/17/13 Golden Gate Homes, Inc. DE 5.02 10/16/13 GRANITE CITY FOOD & BREWERY LTD. MN 8.01,9.01 10/22/13 GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01,9.01 10/18/13 GREAT SOUTHERN BANCORP INC MD 7.01 10/22/13 HALF ROBERT INTERNATIONAL INC /DE/ DE 2.02,9.01 10/22/13 HANMI FINANCIAL CORP DE 2.02,9.01 10/22/13 HARLEY DAVIDSON INC WI 2.02,9.01 10/22/13 HAWAIIAN HOLDINGS INC DE 2.02,9.01 10/22/13 HeartWare International, Inc. DE 1.01 10/17/13 HELIX ENERGY SOLUTIONS GROUP INC MN 2.02,7.01,9.01 10/21/13 HERCULES OFFSHORE, INC. DE 7.01 10/22/13 HERITAGE OAKS BANCORP CA 1.01,9.01 10/21/13 HORACE MANN EDUCATORS CORP /DE/ DE 2.02,9.01 10/22/13 HUDSON VALLEY HOLDING CORP NY 2.02,9.01 10/22/13 ICAHN ENTERPRISES L.P. DE 1.01,9.01 10/22/13 ICF International, Inc. DE 5.02 10/19/13 IDEX CORP /DE/ DE 2.02,9.01 10/21/13 IDEXX LABORATORIES INC /DE DE 2.02,9.01 10/22/13 ILLINOIS TOOL WORKS INC DE 2.02,9.01 10/22/13 INDEPENDENCE REALTY TRUST, INC MD 1.01 10/16/13 Infinity Resources Holdings Corp. NV 7.01,9.01 10/22/13 INSIGNIA SYSTEMS INC/MN MN 5.02,9.01 10/17/13 INTEGRATED SILICON SOLUTION INC DE 5.02 10/16/13 InterDigital, Inc. PA 8.01 10/18/13 INTERMOLECULAR INC DE 1.01,2.03 10/16/13 INTERNATIONAL INDUSTRIAL ENTERPRISES, DE 4.01,9.01 08/12/13 INTERPUBLIC GROUP OF COMPANIES, INC. DE 2.02,9.01 10/18/13 IROBOT CORP DE 2.02 10/22/13 IRONWOOD PHARMACEUTICALS INC DE 2.02,9.01 10/22/13 JUNIPER NETWORKS INC DE 2.02,9.01 10/22/13 KBS Legacy Partners Apartment REIT, I MD 8.01 10/18/13 Keyuan Petrochemicals, Inc. NV 8.01,9.01 10/21/13 KIMBERLY CLARK CORP DE 2.02,9.01 10/22/13 KONA GRILL INC DE 7.01,9.01 10/21/13 Landmark Apartment Trust of America, 2.01,3.02,9.01 10/16/13 LANDMARK BANCORP INC DE 7.01,9.01 10/22/13 Lender Processing Services, Inc. DE 2.02,9.01 10/22/13 LendingClub Corp DE 8.01 10/16/13 LEXMARK INTERNATIONAL INC /KY/ DE 2.02,9.01 10/22/13 LIBERTY PROPERTY TRUST MD 2.02,9.01 10/22/13 Life Stem Genetics Inc. NV 1.01,3.02,9.01 10/21/13 Life Stem Genetics Inc. NV 5.02 10/21/13 LIGHTBRIDGE Corp NV 1.01,8.01,9.01 10/21/13 LILLY ELI & CO IN 5.02,9.01 10/22/13 LILLY ELI & CO IN 5.02,9.01 10/22/13 AMEND Lithium Exploration Group, Inc. NV 1.01,3.02,9.01 10/18/13 LNB BANCORP INC OH 7.01,9.01 10/22/13 LOCAL Corp DE 1.01,9.01 10/16/13 LOCKHEED MARTIN CORP MD 2.02,9.01 10/22/13 MAGELLAN PETROLEUM CORP /DE/ DE 5.02 10/22/13 Magnolia Solar Corp NV 8.01,9.01 10/22/13 MANHATTAN ASSOCIATES INC GA 2.02,9.01 10/22/13 MARRONE BIO INNOVATIONS INC DE 5.02 10/16/13 MCGRAW HILL FINANCIAL INC NY 2.02,7.01,9.01 10/22/13 MEDIVATION, INC. DE 8.01,9.01 10/22/13 MERIDIAN INTERSTATE BANCORP INC 2.02,9.01 10/22/13 MIDDLESEX WATER CO NJ 8.01,9.01 10/22/13 MISSION COMMUNITY BANCORP CA 1.01,5.02,8.01,9.01 10/21/13 MONMOUTH REAL ESTATE INVESTMENT CORP MD 7.01,9.01 10/22/13 MOSAIC CO 7.01,9.01 10/22/13 MUELLER INDUSTRIES INC DE 2.02,9.01 10/22/13 MusclePharm Corp NV 8.01 10/16/13 NATIONAL SECURITY GROUP INC DE 8.01,9.01 10/18/13 New Enterprise Stone & Lime Co., Inc. DE 8.01,9.01 10/17/13 North American Oil & Gas Corp. NV 1.01,3.02,9.01 10/21/13 Northern Tier Energy LP DE 8.01,9.01 10/21/13 NORTHRIM BANCORP INC AK 1.01,8.01,9.01 10/21/13 NTS REALTY HOLDINGS LP DE 1.02,9.01 10/18/13 AMEND NU SKIN ENTERPRISES INC DE 2.02,9.01 09/30/13 OphthaliX, Inc. 8.01 10/22/13 ORAGENICS INC FL 5.02 10/18/13 OVERSTOCK.COM, INC DE 2.02,9.01 10/17/13 PACIFIC BIOSCIENCES OF CALIFORNIA, IN DE 2.02,9.01 10/22/13 Pacific Green Technologies Inc. DE 1.01,2.01,3.02,9.01 10/11/13 PACKAGING CORP OF AMERICA 1.01,2.03,8.01,9.01 10/15/13 PANERA BREAD CO DE 2.02,7.01,9.01 10/22/13 PARKER DRILLING CO /DE/ DE 5.02,9.01 10/22/13 PEAPACK GLADSTONE FINANCIAL CORP NJ 2.02,9.01 10/21/13 Pendrell Corp DE 5.02 10/17/13 Penola Inc. NV 5.02 08/15/13 PENTAIR LTD V8 2.02,9.01 10/22/13 PEOPLES BANCORP INC OH 2.02,9.01 10/22/13 PERMIAN BASIN ROYALTY TRUST TX 2.02,9.01 10/21/13 Polar Petroleum Corp. 1.01,2.03,9.01 10/16/13 POLARIS INDUSTRIES INC/MN MN 2.02,7.01,9.01 10/22/13 POTLATCH CORP DE 2.02,9.01 10/22/13 PREMIER EXHIBITIONS, INC. FL 1.01,9.01 10/16/13 PROGENICS PHARMACEUTICALS INC DE 8.01 10/22/13 Pzena Investment Management, Inc. DE 2.02,9.01 10/22/13 Quadrant 4 Systems Corp FL 1.01,5.02,5.03,8.01, 10/21/13 9.01 QUANTUM FUEL SYSTEMS TECHNOLOGIES WOR DE 5.02,9.01 10/16/13 RADIOSHACK CORP DE 2.02,5.02,9.01 10/22/13 RAMCO GERSHENSON PROPERTIES TRUST MD 2.02,7.01,9.01 10/22/13 REGIONS FINANCIAL CORP DE 2.02,7.01,9.01 10/22/13 RENT A CENTER INC DE 2.02,9.01 10/21/13 RESEARCH FRONTIERS INC DE 7.01,9.01 10/21/13 RetailMeNot, Inc. DE 5.02,9.01 10/15/13 RETRACTABLE TECHNOLOGIES INC TX 8.01,9.01 10/21/13 REYNOLDS AMERICAN INC 2.02,9.01 10/22/13 RF MICRO DEVICES INC NC 2.02,9.01 10/22/13 RYDER SYSTEM INC FL 2.02,9.01 10/22/13 Sabra Health Care REIT, Inc. MD 1.01,2.01,8.01,9.01 10/22/13 SAExploration Holdings, Inc. DE 2.02,9.01 10/16/13 SAKS INC TN 8.01 10/21/13 SB FINANCIAL GROUP, INC. OH 7.01,9.01 10/16/13 SB FINANCIAL GROUP, INC. OH 2.02,9.01 10/21/13 Shea Homes Limited Partnership CA 7.01,9.01 10/22/13 SHENANDOAH TELECOMMUNICATIONS CO/VA/ VA 8.01,9.01 10/22/13 SIGMA ALDRICH CORP DE 2.02,9.01 10/22/13 SLM Student Loan Trust 2005-5 8.01 10/22/13 SLM Student Loan Trust 2005-8 8.01 10/22/13 SOLLENSYS CORP. NV 5.02 10/21/13 Soul & Vibe Interactive Inc. NV 1.01,2.03,3.02,9.01 10/22/13 SOUTHERN CALIFORNIA EDISON CO CA 5.02 10/18/13 SOUTHERN FIRST BANCSHARES INC SC 2.02,9.01 10/22/13 Southern Trust Securities Holding Cor FL 5.02 10/22/13 SOUTHWEST BANCORP INC OK 2.02,8.01,9.01 10/22/13 SOUTHWEST GEORGIA FINANCIAL CORP GA 2.02,9.01 09/30/13 SPHERIX INC DE 1.01,3.03,9.01 01/24/13 AMEND SPHERIX INC DE 5.02,9.01 02/05/13 AMEND STANCORP FINANCIAL GROUP INC OR 2.02,9.01 10/22/13 STATE STREET CORP MA 2.02,9.01 10/22/13 StellarOne CORP VA 2.02,9.01 10/21/13 STEPAN CO DE 5.03,9.01 10/21/13 Stratex Oil & Gas Holdings, Inc. CO 8.01 10/17/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 10/15/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 10/15/13 STRUCTURED OBLIGATIONS CORP LONG TERM DE 8.01,9.01 10/15/13 STRUCTURED OBLIGATIONS CORP SELECT NO DE 8.01,9.01 10/15/13 STRUCTURED OBLIGATIONS CORP SELECT NO DE 8.01,9.01 10/15/13 Summit Healthcare REIT, Inc MD 5.03,9.01 10/16/13 SUNTRUST BANKS INC GA 8.01,9.01 10/22/13 Super Micro Computer, Inc. CA 2.02,9.01 10/22/13 SUPERTEX INC CA 2.02,9.01 10/22/13 SUPERVALU INC DE 5.03,9.01 10/16/13 SWIFT TRANSPORTATION Co 8.01,9.01 10/21/13 Swisher Hygiene Inc. DE 5.02 10/16/13 SYMMETRICOM INC DE 2.02,9.01 10/21/13 SYMMETRICOM INC DE 1.01,5.02,8.01,9.01 10/21/13 SYNOVUS FINANCIAL CORP GA 2.02,7.01,9.01 10/22/13 TagLikeMe Corp. NV 5.03,9.01 10/18/13 TearLab Corp DE 5.02,9.01 10/21/13 TESCO CORP 5.02 10/18/13 TEXAS VANGUARD OIL CO TX 2.01,9.01 10/21/13 THERAGENICS CORP DE 5.07 10/17/13 THRESHOLD PHARMACEUTICALS INC DE 8.01,9.01 10/21/13 TIAA REAL ESTATE ACCOUNT NY 2.02,7.01,9.01 10/22/13 TORCHLIGHT ENERGY RESOURCES INC NV 1.01,5.02,5.07,9.01 10/16/13 TOTAL SYSTEM SERVICES INC GA 2.02,7.01,9.01 10/22/13 TOWN SPORTS INTERNATIONAL HOLDINGS IN DE 8.01 10/22/13 TRAVELERS COMPANIES, INC. MN 2.02,9.01 10/22/13 Triangle Petroleum Corp DE 1.01,2.03,9.01 10/16/13 Trovagene, Inc. DE 7.01,9.01 10/22/13 Trunity Holdings, Inc. DE 5.02 10/15/13 TRUSTCO BANK CORP N Y NY 8.01 10/22/13 TRUSTMARK CORP MS 2.02,9.01 10/22/13 TWENTY-FIRST CENTURY FOX, INC. 8.01,9.01 10/22/13 TWIN DISC INC WI 2.02,5.07,7.01,8.01, 10/22/13 9.01 UMB FINANCIAL CORP MO 2.02,5.03,7.01,9.01 10/22/13 UNISYS CORP DE 2.02,8.01 10/22/13 UNITED NATURAL FOODS INC DE 5.02 10/18/13 UNITED TECHNOLOGIES CORP /DE/ DE 2.02,9.01 10/22/13 USANA HEALTH SCIENCES INC UT 2.02,9.01 10/22/13 UTi WORLDWIDE INC D8 2.03 10/17/13 VASCULAR SOLUTIONS INC MN 2.02,9.01 10/22/13 VEEVA SYSTEMS INC 5.03,9.01 10/21/13 VICOR CORP DE 2.02,9.01 10/22/13 VIRGINIA COMMERCE BANCORP INC 5.07,8.01 10/17/13 Vocus, Inc. DE 2.02,9.01 10/22/13 WashingtonFirst Bankshares, Inc. VA 7.01 10/21/13 WashingtonFirst Bankshares, Inc. VA 8.01,9.01 10/21/13 Waste Connections, Inc. DE 2.02,7.01,9.01 10/22/13 WATERS CORP /DE/ DE 2.02,9.01 10/22/13 WebMD Health Corp. DE 1.01,9.01 10/18/13 WESBANCO INC WV 2.02,9.01 10/22/13 Western Refining Logistics, LP DE 1.01,2.01,2.03,3.02, 10/16/13 5.02,5.03,7.01,9.01 Western Refining, Inc. DE 1.01,2.01,2.03,3.02, 10/16/13 5.02,7.01,9.01 WHIRLPOOL CORP /DE/ DE 2.02,9.01 10/22/13 WNC Housing Tax Credit Fund VI, L.P., CA 2.02,9.01 10/22/13 WOUND MANAGEMENT TECHNOLOGIES, INC. TX 1.01,9.01 10/15/13 AMEND XOOM Corp 2.02,9.01 10/22/13 ZIOPHARM ONCOLOGY INC DE 7.01,9.01 10/22/13 ZIOPHARM ONCOLOGY INC DE 2.02,9.01 10/22/13 ZIOPHARM ONCOLOGY INC DE 7.01,9.01 10/22/13 ZIX CORP TX 2.02,9.01 10/22/13