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SEC NEWS DIGEST
Issue 2007-138 July 19, 2007
COMMISSION ANNOUNCEMENTS
COMMISSION SUSPENDS TRADING IN BENTLEY COMMERCE CORP. FOR FAILURE TO
MAKE REQUIRED PERIODIC FILINGS
The U.S. Securities and Exchange Commission announced the temporary
suspension of trading of the securities of the following issuers,
commencing at 9:30 a.m. EDT on July 19, 2007, and terminating at 11:59
p.m. EDT on Aug. 1, 2007:
* Bentley Commerce Corp. (BLYO)
The Commission temporarily suspended trading in the securities of the
company due to a lack of current and accurate information about the
company because it has not filed periodic reports with the Commission
for approximately two years. This order was entered pursuant to
Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).
The Commission cautions brokers, dealers, shareholders and prospective
purchasers that they should carefully consider the foregoing
information along with all other currently available information and
any information subsequently issued by this company.
Brokers and dealers should be alert to the fact that, pursuant to
Exchange Act Rule 15c2-11, at the termination of the trading
suspension, no quotation may be entered relating to the securities of
the subject company unless and until the broker or dealer has strictly
complied with all of the provisions of the rule. If any broker or
dealer is uncertain as to what is required by the rule, it should
refrain from entering quotations relating to the securities of this
company that have been subject to a trading suspension until such time
as it has familiarized itself with the rule and is certain that all of
its provisions have been met. Any broker or dealer with questions
regarding the rule should contact the staff of the Securities and
Exchange Commission in Washington, DC at (202) 551-5720. If any broker
or dealer enters any quotation which is in violation of the rule, the
Commission will consider the need for prompt enforcement action.
If any broker, dealer or other person has any information which may
relate to this matter, they should immediately communicate it to the
Delinquent Filings Branch of the Division of Enforcement at (202) 551-
5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-56098)
CHIEF ECONOMIST CHESTER SPATT TO LEAVE SEC
The Securities and Exchange Commission announced today that Chester
Spatt, Chief Economist and Director of the Office of Economic Analysis
(OEA), will leave the agency to return to academia at the end of July.
Dr. Spatt will rejoin Carnegie Mellon University, where he serves as
Mellon Bank Professor of Finance and Director of the Center for
Financial Markets at the Tepper School of Business. His research and
teaching there will focus upon economic issues related to securities
regulation as well as asset allocation and taxes.
During his three years at the Commission, Dr. Spatt led the staff's
economic analysis of key issues including implementation of options
expensing through models and markets, mutual fund market timing and
late trading, option grant and exercise backdating, executive
compensation, Regulation SHO, shareholder voting, credit rating
agencies and NRSROs, foreign private issuer deregistration and the
economics of penalties and sanctions. In addition, he focused on
fostering stronger ties between the Commission and the academic
community, encouraging greater participation from academic experts in
the rulemaking process.
SEC Chairman Christopher Cox said, "After completing his initial term
with the Commission on leave from Carnegie Mellon during 2006, Chester
graciously agreed to extend his service to the SEC and the nation's
investors for another year. His exceptional background, expertise and
judgment concerning the economic underpinnings of our securities
markets have been invaluable resources to the Commission. He has been
a strong leader of a very talented staff, and all of us at the
Commission are deeply indebted to him for his personal and
professional contributions to the nation's markets and investors."
Dr. Spatt said, "I appreciate the opportunity to have led OEA and its
talented and dedicated staff for the past three years. Economics plays
such a crucial role in the development of strong, efficient and fair
capital markets, so I have tried to focus upon the importance of
economics in the regulatory process. I know that with strong
leadership from Chairman Cox, the Commission will continue to
incorporate economic reasoning in its actions to the benefit of
investors and markets."
Dr. Spatt has held academic positions at Carnegie Mellon since 1979,
along with visiting professorships at Toulouse University, University
of British Columbia and Princeton University. He was one of the
founders of the Review of Financial Studies, considered among the
leading journals in financial economics, and served as its second
Executive Editor. He also is a Past President of both the Western
Finance Association and the Society for Financial Studies. He received
his Ph.D. and Master's degree in Economics from the University of
Pennsylvania, and his Bachelor's degree in Economics from Princeton
University. (Press Rel. 2007-136)
COMMISSION MEETINGS
Following is a schedule of Commission meetings, which will be
conducted under provisions of the Government in the Sunshine Act.
Meetings will be scheduled according to the requirements of agenda
items under consideration.
Open meetings will be held in the Auditorium, Room L-002 at the
Commission's headquarters building, 100 F Street, N.E., Washington,
D.C. Visitors are welcome at all open meetings, insofar as space is
available. Persons wishing to photograph or videotape Commission
meetings must obtain permission in advance from the Secretary of the
Commission. Persons wishing to tape record a Commission meeting should
notify the Secretary's office 48 hours in advance of the meeting.
Any member of the public who requires auxiliary aids such as a sign
language interpreter or material on tape to attend a public meeting
should contact Rochelle Franks, Office of Human Resources, to make
arrangements. Ms. Franks can be reached at TTY number (202) 551-4106.
In the event Ms. Franks cannot be reached, you may call the
interpreter directly at (202) 551-4158. If you are calling from a non
TTY number, please call the Relay Service at 1 866 377 8642.
OPEN MEETING - TUESDAY, JULY 24, 2007 - 10:00 A.M.
The subject matter of the open meeting scheduled for Tuesday, July 24,
will be:
The Commission will hear oral argument in an appeal by Gregory M.
Dearlove, CPA, from the decision of an administrative law judge. The
law judge found that the financial statements of Adelphia
Communications Corporation, a public company, for the period ending
December 31, 2000 violated generally accepted accounting principles in
several respects. The law judge also found that Dearlove, a certified
public accountant and former partner at Deloitte and Touche, LLP,
engaged in improper professional conduct under Commission Rule of
Practice 102(e) when he served as the engagement partner on Deloitte's
audit of Adelphia's 2000 financial statements. The law judge also
found that Dearlove caused Adelphia's violations of the reporting and
recordkeeping provisions of the Securities Exchange Act of 1934,
specifically, Exchange Act Section 13(a) and rules 13a-1 and 12b-20
thereunder, and Exchange Act Section 13(b)(2)(A). The law judge barred
Dearlove from appearing or practicing before the Commission in any
capacity.
Among the issues likely to be argued are whether Dearlove's conduct
during the audit constituted improper professional conduct, whether
Dearlove caused Adelphia's violations of the Exchange Act and rules
thereunder, and whether there is merit to Dearlove's contention that
he was deprived of due process because he did not have adequate time
to prepare for the hearing before the law judge. The parties may also
address whether and to what extent Dearlove should be sanctioned if he
is found to have committed the alleged violations.
CLOSED MEETING - TUESDAY, JULY 24, 2007 - 11:00 A.M.
The subject matter of the closed meeting scheduled for Tuesday, July
24, will be: Post-argument discussion.
OPEN MEETING - WEDNESDAY, JULY 25, 2007 - 10:00 A.M.
The subject matter of the open meeting scheduled for Wednesday, July
25, will be:
1. The Commission will consider whether to approve the Public
Company Accounting Oversight Board's Auditing Standard No. 5, An
Audit of Internal Control Over Financial Reporting that is
Integrated with an Audit of Financial Statements, a Related
Independence Rule 3525, and Conforming Amendments.
2. The Commission will consider whether to adopt rule amendments
to Exchange Act Rule 12b-2 and Rule 1-02 of Regulation S-X to
define the term "significant deficiency."
3. The Commission will consider whether to publish a Concept
Release to solicit public comment on allowing U.S issuers,
including investment companies subject to the Investment Company
Act of 1940, to prepare financial statements in accordance with
International Financial Reporting Standards as published in
English by the International Accounting Standards Board for
purposes of complying with the Commission's rules and
regulations.
4. The Commission will consider whether to propose amendments to
the proxy rules under the Securities Exchange Act of 1934 for
operating and investment companies regarding shareholder
proposals, disclosure about shareholder proponents, shareholder
communications, and related matters.
CLOSED MEETING - THURSDAY, JULY 26, 2007 - 2:00 P.M.
The subject matter of the closed meeting scheduled for Thursday, July
26, will be: Formal orders of investigations; Institution and
settlement of injunctive actions; Institution and settlement of
administrative proceedings of an enforcement nature; Resolution of
litigation claims; Amicus consideration; An adjudicatory matters; and
Other matters related to enforcement proceedings.
At times, changes in Commission priorities require alterations in the
scheduling of meeting items. For further information and to ascertain
what, if any, matters have been added, deleted or postponed, please
contact: The Office of the Secretary at (202) 551-5400.
ENFORCEMENT PROCEEDINGS
IN THE MATTER OF GALAXY MINERALS, INC.
On July 18, the Commission issued an Order Instituting Proceedings and
Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange
Act of 1934 against Galaxy Minerals, Inc. The Division of Enforcement
(Enforcement) alleges that Galaxy is a Florida corporation with
offices in Lake Villa, Illinois with a class of securities registered
with the Commission pursuant to Exchange Act Section 12(g). According
to the Division, Galaxy is delinquent in its periodic filings with the
Commission, having not filed a periodic report since it filed a Form
10-QSB for the period ended Sept. 30, 2005. The Order institutes
public administrative proceedings to determine, among other things,
whether it is necessary and appropriate for the protection of
investors to suspend for a period not exceeding twelve months, or to
revoke the registration of each class of securities of Galaxy
registered pursuant to Section 12 of the Exchange Act. (Rel. 34-56095;
File No.3-12700)
IN THE MATTER OF JEFFREY MCMAHON
On July 18, the Commission issued an Order Instituting Administrative
Proceedings Pursuant to Rule 102(e) of the Commission's Rules of
Practice, Making Findings and Imposing Remedial Sanctions (Order)
against Jeffrey McMahon. The Order finds that on June 20, 2007, the
Commission filed a complaint against McMahon in Securities and
Exchange Commission v. Jeffrey McMahon, Civil Action No. H-07-2051
(S.D. Tex.). The Order also finds that on July 6, 2007, the court
entered a final judgment permanently enjoining him from violating
Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934
(Exchange Act) and Exchange Act Rules 10b-5 and 13b2-1, and from
aiding and abetting the violation of Sections 13(a), 13(b)(2)(A) and
13(b)(2)(B) of the Exchange Act and Exchange Act Rules 12b-20, 13a-1
and 13a-13.
The Commission's complaint alleged, among other things, that McMahon
participated in a fraudulent asset parking arrangement that allowed
Enron to improperly record $12 million in earnings in the fourth
quarter of 1999. The complaint also alleged that McMahon, while
serving as Enron's Treasurer from April 1998 until May 2000, made
several false and misleading statements and omissions to the national
credit rating agencies regarding the stability, predictability, and
sources of Enron's cash flows. In addition, the complaint alleges that
McMahon made similar false and misleading statements to the rating
agencies while serving as Enron's Chief Financial Officer during the
crisis period prior to Enron's bankruptcy filing, October - December
2001.
Based on the above, the Order suspends McMahon from appearing or
practicing before the Commission as an accountant, with the right to
apply for reinstatement after three years. McMahon consented to the
issuance of the Order without admitting or denying the findings in the
Order except as to the entry of the injunction. (Rel. . 34-56097; AAE
Rel. 2646; File No. 3-12701)
COMMISSION ORDERS HEARINGS ON REGISTRATION REVOCATION AGAINST SEVEN
DELINQUENT COMPANIES FOR FAILURE TO MAKE REQUIRED PERIODIC FILINGS
* Bentley Commerce Corp. (BLYO)
* ECO2, Inc. (ECOI)
* Guideline Capital, Inc.
* Lapitos Acquisition Corp.
* Para Mas Internet, Inc. (PMIJ)
* Prentice Capital, Inc.
* Spa Faucet, Inc. (DRIP)
In this Order, the Division of Enforcement (Division) alleges that the
seven issuers are delinquent in their required periodic filings with
the Commission.
In this proceeding, instituted pursuant to Exchange Act Section 12(j),
a hearing will be scheduled before an Administrative Law Judge. At the
hearing, the judge will hear evidence from the Division and the
respondents to determine whether the allegations of the Division
contained in the Order, which the Division alleges constitute failures
to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13
thereunder, are true. The judge in the proceeding will then determine
whether the registrations pursuant to Exchange Act Section 12 of the
securities of these respondents should be revoked, or in the
alternative, suspended for a period not exceeding twelve months. The
Commission ordered that the Administrative Law Judge in this
proceeding issue an initial decision not later than 120 days from the
date of service of the order instituting proceedings. For further
information see also the Order of Suspension of Trading, In the Matter
of Bentley Commerce Corp., File No. 500-1. (Rel. 34-56099; File No. 3-
12702)
COMMISSION REMANDS PROCEEDING AGAINST GREGG HEINZE TO NYSE
The Commission has remanded to the New York Stock Exchange a
proceeding against Gregg Heinze, a former NYSE specialist. The NYSE
had censured and permanently barred Heinze based on his failure to
testify in connection with an investigation the Exchange was
conducting into improper trading practices by NYSE specialists. Heinze
claims that the NYSE could not force him to testify because, at the
time the NYSE requested his testimony, Heinze was the subject of a
Commission investigation and potentially the subject of a criminal
investigation, and could invoke the Fifth Amendment's right against
self-incrimination. Heinze argues that the right against self-
incrimination applied to the NYSE because, under the particular facts
and circumstances of this case, the NYSE engaged in "state action" in
conducting its investigation of Heinze. The Commission's opinion notes
that, while self-regulatory organizations such as the NYSE are "not
generally state actor[s] subject to the Fifth Amendment," "Heinze has
identified specific evidence that warrants a further opportunity to
develop and present his state action claim." (Rel. 34-56100; Gregg
Heinze; File No. 3-12461)
IN THE MATTER OF ERNST & YOUNG CHARTERED ACCOUNTANTS AND DENIS O'HOGAN
On July 19, the Commission issued an Order Instituting Public
Administrative Proceedings Pursuant to Rule 102(e) of the Commission's
Rules of Practice, Making Findings, and Imposing Remedial Sanctions
(Order) against Ernst & Young Chartered Accountants (EYCA) and Denis
O'Hogan. EYCA served as independent accountant to SmartForce PLC's,
now known as SkillSoft PLC, during the relevant period and O'Hogan, a
fellow chartered accountants (the Irish equivalent of a CPA), served
as the engagement partner.
The Order finds that for the three-year period ended Dec. 31, 2001,
and for the six months ended June 30, 2002 (the Restatement Period),
SmartForce PLC's financial statements were materially false and
misleading in that they overstated revenue by $113.6 million and net
income by approximately $127 million. SmartForce prepared these
financial statements, which failed to comply with generally accepted
accounting principles (GAAP) by, among other things, recognizing
revenue improperly from multi-element arrangements, reciprocal
transactions, and reseller agreements. EYCA nonetheless issued
unqualified audit reports on SmartForce's annual financial statements
that opined that the Company's financial statements presented fairly
the consolidated financial position and results of operations of
SmartForce in conformity with GAAP and stated that the auditor had
conducted the audits in accordance with generally accepted auditing
standards (GAAS). The Order finds that EYCA and O'Hogan reasonably
should have known that SmartForce's financial statements had not been
prepared in conformity with GAAP. Moreover, EYCA and O'Hogan did not
comply with GAAS in the conduct of the audits and the reviews of
SmartForce during the Restatement Period. Among other things, EYCA
failed to ensure that the engagement was adequately staffed, and that
the auditors had the training and qualifications appropriate for the
specific engagement and level of responsibilities assigned. O'Hogan
placed undue reliance on management's representations, failed to
obtain an attitude of professional skepticism, failed to obtain
sufficient competent evidential matter to ensure that SmartForce had
properly recognized revenue, and failed to document evidence.
Based on the above, the Order finds that EYCA and O'Hogan engaged in
improper professional conduct within the meaning of Rule 102(e)(1)(ii)
of the Commission's Rules of Practice. Specifically, EYCA and O'Hogan
engaged in repeated instances of unreasonable conduct, each resulting
in a violation of applicable professional standards, that indicate a
lack of competence to practice before the Commission. The Order
censures EYCA and denies O'Hogan the privilege of appearing or
practicing before the Commission as an accountant, with the right to
apply for reinstatement after two years. EYCA also undertook to pay
$725,000 to the United States Treasury, which represents the amount of
EYCA's fees for reviewing and auditing SmartForce's financial
statements during the Restatement Period. EYCA also made other
undertakings in areas including its assignment of professionals to SEC
registrant engagements, documentation of significant consultations,
and training of its professionals. EYCA and O'Hogan consented to the
issuance of the Order without admitting or denying the findings in the
Order. (Rel. 34-56104; File No. 3-12703; AAE Rel. 2647)
IN THE MATTER OF DAVID C. DRUMMOND, JOHN P. HAYES, AND PATRICK E.
MURPHY
On July 19, the Commission issued an Order Instituting Cease-and-
Desist and Administrative Proceedings Pursuant to Section 21C of the
Securities Exchange Act of 1934 and Rule 102(e) of the Commission's
Rules of Practice, Making Findings, Imposing a Cease-And-Desist Order,
Remedial Sanctions, and Other Relief (Order) against David C.
Drummond, Patrick E. Murphy, and John P. Hayes, all of whom are former
officers of SmartForce PLC, now known as SkillSoft PLC. During the
relevant period, SmartForce developed and provided electronic learning
courseware and related services to firms to train their workforces
internally.
The Order finds that for the three-year period ended Dec. 31, 2001,
and for the six months ended June 30, 2002 (the Restatement Period),
SmartForce's financial statements were materially false and misleading
in that they overstated net income and revenue by failing to comply
with GAAP. Murphy and Hayes, who are fellow chartered accountants (the
Irish equivalent of a CPA), were each finance vice president. Murphy
and Hayes were primarily responsible for the accounting decisions at
SmartForce and for making sure that such accounting complied with
GAAP, while Drummond, as the Chief Financial Officer, was ultimately
responsible for SmartForce's financial statements. On numerous
occasions during the Restatement period, Murphy and Hayes improperly
concluded that SmartForce could recognize revenue up-front from multi-
element arrangements, reciprocal transactions, and reseller
agreements. Drummond knew or should have known that it would have been
improper for SmartForce to recognize revenue from a reseller agreement
and from a reciprocal transaction. As a result of the improper
accounting, SmartForce overstated its revenue by $113.6 million and
net income by approximately $127 million. The Order finds that
Drummond caused, and Patrick Murphy and John Hayes willfully aided and
abetted and caused, the Company's violations of Sections 13(a),
13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act, and Rules 12b-20,
13a-1 and 13a-13 promulgated thereunder; and that Drummond violated,
and Murphy and Hayes willfully violated, Section 13(b)(5) of the
Exchange Act.
Based on the above, the Order (a) requires Drummond, Murphy, and Hayes
to cease and desist from committing or causing any violations and any
future violations of Section 13(b)(5) of the Exchange Act; and from
causing any violations and any future violations of Sections 13(a),
13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-
1 and 13a-13 thereunder; (b) denies Murphy and Hayes the privilege of
appearing or practicing before the Commission as accountants, with the
right to apply for reinstatement after two years; and (c) orders
Drummond, Murphy, and Hayes to pay $573,979, $567,866, and $862,395,
respectively, to the United States Treasury in disgorgement and
prejudgment interest. Drummond, Murphy, and Hayes consented to the
issuance of the Order without admitting or denying any of the findings
in the Order.
In addition to the relief described above, Drummond, Murphy, and Hayes
consented to the entry of an order in a separate civil action, filed
by the Commission, imposing a civil penalty of $125,000, $100,000, and
$75,000, respectively. (Rel. 34-56105; File No. 3-12704; AAE Rel.
2648)
SEC SUES PROMOTERS OF HIGH YIELD INVESTMENT PROGRAMS FOR FRAUD AND
SEEKS APPOINTMENT OF A RECEIVER ON BEHALF OF INVESTORS
On July 18, the Commission filed a civil injunctive action in U.S.
District Court in Sherman, Texas against Global Finance & Investments,
Inc., (Global Finance), Charles R. Davis (Davis), Lucre Fund, LLC
(Lucre Fund), JTA Enterprises, Inc. (JTA Enterprises), William H.
Clark (Clark), Level Par Investments, LLC (Level Par), Kelly G. Rogers
(Rogers), Sterling Meridian LLC (Sterling Meridian), Ronald J. Linn
(Linn) Glenn Maske (Maske) and William F. Dippolito (Dippolito). In
its complaint, the Commission alleges that the defendants engaged in
fraudulent conduct in connection with three related "high yield
investment" securities offerings. Between September 2005 and April
2006, Davis through his Atlanta-based company, Global Finance, raised
a total of $9.9 million from over 100 investors located throughout the
United States. As part of Davis's offering, two of his facilitators,
Clark and Rogers, conducted separate fraudulent offerings and
forwarded the proceeds of their offerings to Davis.
According to the complaint, Davis falsely represented that Global
Finance's investment program would earn returns ranging from 25
percent per month to 90 percent per week. Davis also claimed that the
funds were safe because they would be deposited into an escrow account
maintained by Dippolito, an attorney. Based on Davis's claims, Global
Finance received a total of $9.9 million from Clark ($4 million),
Rogers ($4.7 million) and another investor ($1.2 million). The
Commission also alleges that JTA Enterprises and Lucre Fund, which are
controlled by Clark (Denville, New Jersey), received investment
proceeds from at least 65 investors raised by Linn and Maske through
their entity, Sterling Meridian (Yorba Linda, California); Linn and
Maske told the investors that they had access to legitimate high yield
investments paying monthly returns of 18 to 20 percent.
The complaint also alleges that Rogers, through Level Par (Frisco,
Texas), solicited 35 investors by representing that his investment,
purportedly involving the trading of bank debentures, was totally
secure and paid weekly returns of 25 percent. According to the
Commission's complaint, the investment programs were shams and the
investors' funds were used for purposes other than "investments,"
including the personal use of the promoters.
Finally, the Commission alleges that Dippolito, a Tacoma, Washington
lawyer, acting as escrow agent and using the title "paymaster,"
promised he would secure the funds until Davis notified him that
Global Finance would purchase an investment. Instead, Dippolito
disbursed the funds to persons he knew were prior investors, for which
he received a percentage-based fee.
The Commission also names in its complaint, as relief defendants,
USAssets & Funding Corp. (Littleton, Colorado), Nevada Sentry Service
Corp. (Milwaukee, Wisconsin), Wells Ventures LLC (Tucson, Arizona),
Triquestra Management Corp. (Dallas, Texas) and CMR Mngt. Group, LLC
(West Trenton, New Jersey).
The Commission alleges in its complaint that defendants Global
Finance, Davis, JTA Enterprises, Lucre Fund, Clark, Level Par, Rogers,
Sterling Meridian, Linn and Maske each violated Sections 5(a), 5(c)
and 17(a) of the Securities Act of 1933, and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The
Commission also alleges that Dippolito aided and abetted Davis's
violations of Section 10(b) of the Exchange Act and Rule 10b-5
thereunder. The Commission further alleges that Clark, Linn and Maske
violated Section 15(a) of the Exchange Act for acting as a securities
broker without having been registered with the Commission.
The Commission is seeking against each of the defendants a permanent
injunction and an accounting and, with the exception of Level Par,
disgorgement plus prejudgment interest and a civil money penalty.
Additionally, Rogers consented to the entry of an injunction against
him without admitting or denying the Commission's allegations. Rogers
also agreed to pay disgorgement of $100,000 and a civil $50,000
penalty. [SEC v. Global Finance & Investments, Inc., Charles R. Davis,
Lucre Fund, LLC, JTA Enterprises, William H. Clark, Level Par
Investments, LLC, Kelly G. Rogers, Sterling Meridian LLC, Ronald J.
Linn Glenn Maske and William F. Dippolito, Defendants, and USAssets &
Funding Corp., Nevada Sentry Service Corp., Wells Ventures LLC,
Triquestra Management Corp., and CMR Mngt. Group, LLC, Relief
Defendants, Civil Action No. 4:07cv346, (USDC, ED/Texas; Sherman
Division)] ((LR-20200)
SEC FILES OFFERING FRAUD ACTION AGAINST ALAN D. LIBMAN
The Commission announced that today it filed a civil action in the
U.S. District Court for the Central District of California against
Alan D. Libman (Libman) alleging that Libman engaged in the fraudulent
offer and sale of securities. As alleged in the complaint, Libman
offered investors the opportunity to invest in purported celebrity-
related and historical memorabilia and artwork through a non-existent
entity called Investment Strategies. As alleged, the investments
offered and sold by Libman were securities because they qualify as
investment contracts under the federal securities laws. The Commission
alleges that Libman made numerous material misrepresentations to
investors regarding the investments. For example, Libman often
promised specific, large rates of return over brief periods. As
alleged, Libman eventually stopped paying his investors the promised
returns, evaded contact with them, and fled to Canada. The Commission
alleges that, instead of using the investors' funds as he promised,
Libman used their money for other purposes, including to cover his
personal expenses and life style. According to the complaint, since
the investments did not yield the claimed returns, investors lost most
of their investments. As alleged, from 2000 through 2004, Libman's
false representations led at least twenty investors to give him more
than $1 million for the schemes that he carried out through Investment
Strategies. According to the complaint, Libman, by soliciting
investors, negotiating over investment terms, and representing that he
would accept compensation for his efforts from the investment
proceeds, acted as an unregistered broker. Libman also failed to
register with the Commission any of the securities that he offered and
sold to investors.
The complaint alleges that Libman violated Sections 5(a), 5(c), and
17(a) of the Securities Act of 1933 (Securities Act) and Sections
10(b), 15(a)(1), and 15(b)(6)(B)(i) of the Securities Exchange Act of
1934 (Exchange Act) and Exchange Act Rule 10b-5. The Commission seeks
a permanent injunction, disgorgement of ill-gotten gains, prejudgment
interest, and civil penalties. The Commission also seeks a court order
requiring Libman to provide an accounting for the receipt and
disposition of all investor funds and an order requiring Libman to
comply with an administrative broker-dealer bar order previously
entered against him.
Libman has been the subject of prior Commission action. On May 26,
1992, in a settled action that the Commission brought, the U.S.
District Court for the Central District of California enjoined Libman
permanently from violating and/or aiding and abetting violations of
the antifraud, securities registration, and other provisions of
federal securities laws including, specifically, Sections 5(a), 5(c),
and 17(a) of the Securities Act 15(c)(2), and 17(a) of the Exchange
Act and Exchange Act Rules 10b-5, 10b-9, 15c2-4, 17a-3, and 17a-4. SEC
v. Alan D. Libman, C.A. No. 88-5919 MR (1992). For additional
information, see Litigation Release No. 11883 (Oct. 5, 1988) and
Litigation Release No. 13962 (Feb. 4, 1994). On Feb. 4, 1994, pursuant
to a settlement with Libman, the Commission issued an Order
permanently barring Libman from association with any broker, dealer,
investment adviser, investment company, or municipal securities dealer
based on the prior entry of the injunction against him. See In the
Matter of Alan D. Libman, Admin. Proc. File No. 3-7803 (Feb. 4, 1994).
On Nov. 7, 2006, a Grand Jury sitting in the U.S. District Court for
the Central District of California indicted Libman on multiple counts
of mail fraud and money laundering. See United States v. Libman, 06 CR
835 (C.D. Cal., Nov. 7, 2006). Libman was arrested on Nov. 20, 2006
and remains in custody pending his criminal trial.
The Commission acknowledges the assistance of the U.S. Attorney's
Office for the Central District of California, the United States
Postal Service, and the Internal Revenue Service in this matter. [SEC
v. Alan D. Libman, a/k/a Damian Vanderhaus, Civil Action No. 07-4634
(MMM/VBK) (C.D. Cal.)] (LR-20201)
ADDITIONS AND CORRECTIONS
An article in yesterday's Digest entitled "SEC FILES SETTLED
ACCOUNTING FRAUD CHARGES AGAINST THE FORMER CFO AND FORMER CONTROLLER
OF OM GROUP, INC. AND FORMER CONTROLLER OF OMG AMERICAS AND ALSO FILES
SETTLED CEASE-AND-DESIST PROCEEDINGS AGAINST OM GROUP, INC." omitted
the Administrative Proceeding release numbers. They are: (Rels. 33-
8826; 34-56089; AAE Rel. 2643; File No. 3-12699)
Incorrect Accounting and Auditing release numbers appeared in the July
18th issue of the Digest in the matter of Quovadx, Inc. and Ronald
Renjilian in an article entitled "SEC INSTITUTES SETTLED CEASE-AND-
DESIST PROCEEDINGS AGAINST SOFTWARE COMPANY AND TWO INDIVIDUALS FOR
REVENUE RECOGNITION". The correct numbers are: Quovadx, Inc. - AAE
Rel. 2644 and Ronald Renjilian - AAE Rel. 2645.
SELF-REGULATORY ORGANIZATIONS
PROPOSED RULE CHANGES
A proposed rule change (SR-NYSEArca-2007-60) and Amendment No. 1
thereto has been filed by NYSE Arca to amend Arca Equities Rule 12 to
provide guidance regarding new and pending arbitration claims in light
of the consolidation of NYSE Regulation, Inc. into NASD Dispute
Resolution, Inc. Publication is expected in the Federal Register
during the week of July 23. (Rel. 34-56070)
A proposed rule change (SR-NYSEArca-2007-59) and Amendment No. 1
thereto has been filed by NYSE Arca to amend Rule 12 to provide
guidance regarding new and pending arbitration claims in light of the
consolidation of NYSE Regulation, Inc. into NASD Dispute Resolution,
Inc. Publication is expected in the Federal Register during the week
of July 23. (Rel. 34-56071)
ACCELERATED APPROVAL TO PROPOSED RULE CHANGE
The New York Stock Exchange filed Amendment No. 3 to a proposed rule
change (SR-NYSE-2007-09) relating to Rule 18, Compensation in Relation
to System Failure, and the Commission has granted accelerated approval
to the proposed rule change, as modified by Amendments No. 1, 2, and 3
thereto. Publication is expected in the Federal Register during the
week of July 23. (Rel. 34-56085)
IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGE
A proposed rule change (SR-NYSE-2007-63) filed by the New York Stock
Exchange relating to Rule 92(d)(6), Limitations on Members' Trading
Because of Customers' Orders, has become effective under Section
19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is
expected in the Federal Register during the week of July 23. (Rel. 34-
56088)
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
<publicinfo@sec.gov>. In most cases, this information is also
available on the Commission's website: <www.sec.gov>.
S-8 MM2 GROUP, INC., 750 ROUTE 34, MATAWAN, NJ, 07747, 7324417700 -
15,000,000 ($450,000.00) Equity, (File 333-144670 - Jul. 18) (BR. 09B)
S-8 ICAD INC, 98 SPIT BROOK ROAD, SUITE 100, NASHUA, NH, 03062,
603-882-5200 - 2,250,000 ($7,942,500.00) Equity, (File 333-144671 -
Jul. 18) (BR. 10B)
S-3 GULF ISLAND FABRICATION INC, GULF ISLAND FABRICATION INC,
583 THOMPSON RD, HOUMA, LA, 70361, 5048722100 -
0 ($100,000,000.00) Equity, (File 333-144672 - Jul. 18) (BR. 06A)
S-8 CONCEPTUS INC, 1021 HOWARD AVE, SAN CARLOS, CA, 94070, 4158027240 -
0 ($2,301,250.00) Equity, (File 333-144673 - Jul. 18) (BR. 10A)
S-3 LUMERA CORP, 19910 NORTH CREEK PARKWAY, BOTHELL, WA, 98011-3008,
425-415-6847 - 0 ($50,000,000.00) Unallocated (Universal) Shelf,
(File 333-144674 - Jul. 18) (BR. 10B)
S-8 PLURIS ENERGY GROUP INC, 10777 WESTHEIMER, SUITE 1100, HOUSTON, TX,
77042-3462, 281-383-9403 - 2,000,000 ($1,060,000.00) Equity,
(File 333-144675 - Jul. 18) (BR. 04B)
S-8 ADOBE SYSTEMS INC, 345 PARK AVE, SAN JOSE, CA, 95110-2704, 4085366000 -
0 ($1,030,239,753.00) Equity, (File 333-144676 - Jul. 18) (BR. 03C)
SB-2 Coil Tubing Technology Holdings, Inc., 19511 WIED ROAD, SUITE E,
SPRING, TX, 77388, 2816510200 - 20,000,000 ($6,000.00) Equity,
(File 333-144677 - Jul. 18) (BR. )
S-8 AMGEN INC, ONE AMGEN CENTER DRIVE, THOUSAND OAKS, CA, 91320-1799,
805-447-1000 - 21,992 ($270,942.00) Equity, (File 333-144678 - Jul. 18)
(BR. 01A)
S-3 TRANSMERIDIAN EXPLORATION INC, 2819999091 -
721,250 ($72,125,000.00) Other, (File 333-144679 - Jul. 18) (BR. 04A)
S-8 SIEBERT FINANCIAL CORP, 885 THIRD AVENUE, SUITE 1720, NEW YORK, NY,
10022, 2126442400 - 0 ($8,760,000.00) Equity, (File 333-144680 -
Jul. 18) (BR. 06B)
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
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 Principal Officers; Election of Directors;
Appointment of Principal Officers
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
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
<publicinfo@sec.gov>. In most cases, this information is also
available on the Commission's website: <www.sec.gov>.
STATE
NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT
-------------------------------------------------------------------------------------------------------
ABBOTT LABORATORIES IL 2.02,9.01 07/18/07
Aftersoft Group DE 5.02,9.01 07/17/07
AKAMAI TECHNOLOGIES INC DE 5.02,9.01 07/16/07
ALFA CORP DE 8.01,9.01 07/17/07
ALLIANCE DATA SYSTEMS CORP DE 2.02,7.01,9.01 07/18/07
Alternative Loan Trust 2007-16CB DE 8.01,9.01 06/29/07
Alternative Loan Trust 2007-17CB DE 8.01,9.01 06/29/07
Alternative Loan Trust 2007-19 DE 8.01,9.01 06/29/07
Alternative Loan Trust 2007-HY6 DE 8.01,9.01 06/29/07
ALTRIA GROUP, INC. VA 1.01,2.02,9.01 07/18/07
AMB PROPERTY CORP MD 2.02,8.01,9.01 07/17/07
AMCORE FINANCIAL INC NV 2.02,9.01 07/18/07
AMERICAN AIRLINES INC DE 2.02,9.01 07/18/07
AMERICAN EXPRESS RECEIVABLES FINANCIN DE 8.01,9.01 07/17/07
AMERICAN LEISURE HOLDINGS, INC. NV 1.01,9.01 07/11/07
AMERICAN REAL ESTATE PARTNERS L P DE 1.02,8.01,9.01 07/16/07
AMERICAN STANDARD COMPANIES INC DE 2.02,2.05,7.01,9.01 07/18/07
AMPCO PITTSBURGH CORP PA 2.02 06/30/07
AMPHENOL CORP /DE/ DE 2.02,9.01 07/18/07
AMR CORP DE 2.02,9.01 07/18/07
AMSURG CORP TN 7.01,9.01 07/18/07
Andover Medical, Inc. DE 5.03,9.01 06/29/07
ANDREW CORP DE 1.01,9.01 07/13/07
Answers CORP 7.01,9.01 07/17/07
APPLE HOSPITALITY FIVE INC VA 1.01 07/13/07
APPLEBEES INTERNATIONAL INC DE 1.01,9.01 07/15/07
APTARGROUP INC DE 2.02,9.01 07/18/07
ARBIOS SYSTEMS INC DE 5.02,9.01 07/12/07
ARENA PHARMACEUTICALS INC DE 8.01 07/18/07
ARMOR HOLDINGS INC DE 8.01 07/18/07
ASCENDIA BRANDS, INC. DE 7.01,9.01 07/17/07
ASIAN FINANCIAL INC WY 1.01,5.02,9.01 07/18/07
ASTEC INDUSTRIES INC TN 5.02 07/17/07
AURIGA LABORATORIES, INC. DE 1.02 07/17/07
AVOCENT CORP DE 2.02,9.01 07/18/07
BADGER METER INC WI 2.02,9.01 07/18/07
BAR HARBOR BANKSHARES ME 8.01 07/18/07
BARRIER THERAPEUTICS INC DE 1.01,9.01 07/12/07
Baseline Oil & Gas Corp. NV 8.01,9.01 05/01/07
Beneficial Mutual Bancorp Inc X1 1.01,2.01,5.02,8.01,9.01 07/13/07
BIO KEY INTERNATIONAL INC MN 1.01,9.01 07/18/07
BIOCRYST PHARMACEUTICALS INC DE 5.02 07/12/07
BlackRock Inc. DE 2.02,9.01 07/18/07
BLOCKBUSTER INC DE 1.01,9.01 07/13/07
BOK FINANCIAL CORP ET AL OK 2.02,9.01 06/30/07
BRENDAN TECHNOLOGIES INC NV 1.01,2.03,3.02,7.01,9.01 07/10/07
BRIGGS & STRATTON CORP WI 1.01,2.03,9.01 07/12/07
BRINKS CO VA 5.02,5.03,9.01 07/12/07
Calamos Asset Management, Inc. /DE/ 1.01,2.03,9.01 07/13/07
CalAmp Corp. DE 7.01,9.01 07/17/07
CANO PETROLEUM, INC 2.02,7.01,9.01 07/17/07
CAPITAL SOUTHWEST CORP TX 5.02 07/18/07
CATCHER HOLDINGS, INC 1.01,3.02,9.01 07/11/07
CAVIUM NETWORKS, INC. 1.01,2.02,5.02,9.01 07/17/07
Celsius Holdings, Inc. NV 2.02,7.01,9.01 07/17/07
CENTERLINE HOLDING CO DE 5.02,9.01 07/18/07
CHAMPION ENTERPRISES INC MI 2.02,9.01 07/17/07
CHEESECAKE FACTORY INC DE 8.01,9.01 07/17/07
CHINA BIOPHARMACEUTICALS HOLDINGS INC DE 8.01 07/14/07
CHINA DIRECT TRADING CORP FL 5.03,9.01 07/17/07
CHINA DIRECT TRADING CORP FL 5.03 05/31/07 AMEND
CHINA FIRE & SECURITY GROUP, INC. 8.01,9.01 07/18/07
CHINACAST EDUCATION CORP DE 8.01 07/18/07
CINCINNATI FINANCIAL CORP OH 2.02,9.01 07/13/07
CIT GROUP INC DE 2.02,2.05,7.01,8.01,9.01 07/16/07
CITIZENS SOUTH BANKING CORP DE 2.02,9.01 07/16/07
CITRIX SYSTEMS INC DE 2.02 07/18/07
CITY NATIONAL CORP DE 2.02 07/18/07
CKX, Inc. DE 8.01,9.01 07/12/07
CLINICAL DATA INC DE 1.01,7.01,9.01 07/17/07
CLYVIA INC NV 5.02,9.01 07/12/07
CODORUS VALLEY BANCORP INC PA 2.02,9.01 07/17/07
COLDWATER CREEK INC DE 7.01,9.01 07/18/07
COLONIAL BANCGROUP INC DE 8.01,9.01 07/18/07
COLONIAL BANCGROUP INC DE 2.02,7.01,9.01 07/18/07
COMERICA INC /NEW/ DE 2.02,7.01,9.01 07/18/07
COMM BANCORP INC PA 2.02,9.01 07/16/07
COMMSCOPE INC DE 7.01 07/16/07
COMMUNITY BANKS INC /PA/ PA 2.02,8.01,9.01 07/18/07
COMMUNITY CAPITAL CORP /SC/ SC 2.02 07/18/07
COMMUNITY CENTRAL BANK CORP MI 5.02,9.01 07/18/07
COMPUTER TASK GROUP INC NY 7.01,9.01 07/18/07
Consolidated Communications Holdings, DE 1.01,9.01 07/12/07
CONSUMER PORTFOLIO SERVICES INC CA 2.02,9.01 07/17/07
COURIER CORP MA 2.02,9.01 07/18/07
CRDENTIA CORP DE 1.01,3.02 07/13/07
CRESCENT FINANCIAL CORP NC 2.02 07/17/07
CROWN HOLDINGS INC PA 2.02,9.01 07/17/07
CUBIST PHARMACEUTICALS INC DE 2.02,9.01 07/18/07
CV THERAPEUTICS INC DE 5.02,8.01,9.01 07/16/07
DATALINK CORP MN 2.02,9.01 07/17/07
Deerfield Triarc Capital Corp MD 7.01,8.01,9.01 07/17/07
Delanco Bancorp, Inc 1.01 07/16/07
Delek US Holdings, Inc. 1.01,3.02,8.01,9.01 07/12/07
DELTA AIR LINES INC /DE/ DE 2.02,9.01 07/18/07
DELTA APPAREL INC GA 2.02,2.05,2.06,7.01,9.01 07/16/07
DIASYS CORP DE 5.02 07/18/07
DIGITAL RECORDERS INC NC 7.01,9.01 07/18/07
DOUBLE EAGLE PETROLEUM CO MD 7.01,9.01 07/18/07
DOWNEY FINANCIAL CORP DE 2.02,9.01 06/30/07
Duke Energy CORP DE 1.01 07/11/07
DURA AUTOMOTIVE SYSTEMS INC DE 8.01 07/13/07
DYNCORP INTERNATIONAL INC. DE 5.02 07/16/07
E TRADE FINANCIAL CORP DE 8.01,9.01 07/18/07
EAGLE ROCK ENERGY PARTNERS L P DE 8.01,9.01 07/18/07
EARTH BIOFUELS INC DE 8.01,9.01 07/11/07
EARTHLINK INC DE 5.02,5.03,9.01 07/18/07
EAST DELTA RESOURCES CORP. DE 5.02 07/17/07
EBAY INC DE 2.02,9.01 07/18/07
EBAY INC DE 5.02 07/17/07 AMEND
Echo Healthcare Acquisition Corp. DE 8.01,9.01 07/17/07
ELDORADO ARTESIAN SPRINGS INC CO 8.01 07/13/07
Electronic Sensor Technology, Inc 1.01,5.02,9.01 07/16/07
EMPIRE RESOURCES INC /NEW/ DE 5.05,9.01 06/20/07
ENIGMA SOFTWARE GROUP, INC DE 2.03,3.02,9.01 07/15/07
ENTERPRISE BANCORP INC /MA/ MA 2.02,8.01,9.01 07/17/07
ENTERPRISE FINANCIAL SERVICES CORP DE 2.02,9.01 07/17/07
Enterprise GP Holdings L.P. DE 1.01,3.02,8.01,9.01 07/12/07
Enterprise GP Holdings L.P. DE 2.01,9.01 05/07/07 AMEND
ENTHRUST FINANCIAL SERVICES INC DE 1.01,2.01,3.02,4.01,5.01,5.02, 07/10/07 AMEND
5.06,8.01,9.01
ENVIRONMENTAL SERVICE PROFESSIONALS, NV 4.02,9.01 07/18/07 AMEND
ESS TECHNOLOGY INC CA 5.02,9.01 07/18/07
EXCO RESOURCES INC TX 9.01 05/02/07 AMEND
EXPONENT INC DE 2.02,7.01,9.01 07/18/07
FARMERS CAPITAL BANK CORP KY 2.02,9.01 07/17/07
FIRST COMMUNITY BANK CORP OF AMERICA FL 2.02,8.01,9.01 07/18/07
FIRST COMMUNITY BANK CORP OF AMERICA FL 5.02,9.01 07/18/07
FIRST PLACE FINANCIAL CORP /DE/ DE 2.02,7.01,9.01 07/18/07
FIRST SOUTH BANCORP INC /VA/ VA 2.02,9.01 07/17/07
FORCE PROTECTION INC NV 8.01,9.01 07/12/07
FutureFuel Corp. DE 8.01 07/18/07
GANNETT CO INC /DE/ DE 2.02,9.01 07/01/06
GateHouse Media, Inc. DE 1.01,8.01,9.01 07/17/07
GEN PROBE INC DE 1.01 07/17/07
GENCO SHIPPING & TRADING LTD 1.01,7.01,9.01 07/12/07
GENERAL ENVIRONMENTAL MANAGEMENT, INC NV 8.01 07/13/07
GENESIS HEALTHCARE CORP PA 2.01,3.01,3.03,5.01,5.02 07/13/07
GRACO INC MN 1.01,1.02,2.03,9.01 07/12/07
GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01 07/13/07
GREATER COMMUNITY BANCORP NJ 2.02,7.01,9.01 07/18/07
GREYSTONE LOGISTICS, INC. 2.02,9.01 07/18/07
GRILL CONCEPTS INC DE 3.02,7.01,9.01 07/17/07
GSI GROUP INC DE 1.01,3.03,9.01 07/17/07
Gulf United Energy, Inc. NV 1.01,9.01 07/15/07
HANCOCK HOLDING CO MS 8.01,9.01 07/18/07
HARLEYSVILLE SAVINGS FINANCIAL CORP 2.02,8.01,9.01 07/18/07
HEALTH DISCOVERY CORP TX 5.03,9.01 07/12/07
HEALTHCARE SERVICES GROUP INC PA 2.02,9.01 07/17/07
HEALTHWAYS, INC DE 7.01,9.01 07/18/07
HELMERICH & PAYNE INC DE 1.01,9.01 07/18/07
HERCULES OFFSHORE, INC. DE 7.01,9.01 07/18/07
Hiland Partners, LP 1.01,2.03,8.01,9.01 07/13/07
HILLMAN COMPANIES INC DE 5.02,9.01 07/18/07
Horizon Lines, Inc. 8.01,9.01 07/17/07
HOST AMERICA CORP DE 8.01,9.01 07/17/07
HOST HOTELS & RESORTS L.P. DE 2.02,9.01 07/18/07
HOST HOTELS & RESORTS, INC. MD 2.02,9.01 07/18/07
HOUSTON AMERICAN ENERGY CORP DE 8.01 07/17/07
HSI Asset Securitization CORP Trust 2 8.01,9.01 07/03/07
HUMANA INC DE 2.02,7.01,9.01 06/30/07
HUSKER AG LLC NE 2.03 07/13/07
HYDROGEN POWER INC DE 5.02 07/18/07
HYPERDYNAMICS CORP DE 3.02 06/06/07
I2 TECHNOLOGIES INC DE 2.02,7.01,9.01 07/18/07
ICU MEDICAL INC/DE DE 2.02 07/18/07
ID-CONFIRM, INC. NV 3.02 06/22/07
IDM PHARMA, INC. DE 5.02 07/16/07
Ignis Petroleum Group, Inc. 5.02,9.01 07/12/07
IMPLANT TECHNOLOGIES INC MN 1.01,5.01,5.02,9.01 07/10/07
IMS HEALTH INC DE 2.02,9.01 07/18/07
INNOFONE COM INC NV 1.01,9.01 07/18/07
INPHONIC INC 5.02,9.01 07/17/07
Intcomex, Inc. DE 1.01,5.02,9.01 07/11/07
Interactive Brokers Group, Inc. DE 5.02,9.01 07/12/07
INTERNATIONAL BUSINESS MACHINES CORP NY 2.02 07/18/07
INTERPLAY ENTERTAINMENT CORP DE 8.01,9.01 07/17/07
INTERSIL CORP/DE DE 2.02,7.01,9.01 07/18/07
INTERSTATE BAKERIES CORP/DE/ DE 7.01,9.01 07/17/07
INVESCO PLC/LONDON/ 8.01,9.01 07/18/07
IPSCO INC 7.01,9.01 07/17/07
IRIS INTERNATIONAL INC DE 5.02,5.03,8.01,9.01 07/12/07
J P MORGAN CHASE & CO DE 2.02,9.01 07/18/07
J P MORGAN CHASE & CO DE 9.01 07/16/07
JARDEN CORP DE 7.01,9.01 07/17/07
JAZZ PHARMACEUTICALS INC DE 1.01,9.01 07/13/07
JO-ANN STORES INC OH 5.02 07/12/07
JUNIPER NETWORKS INC DE 2.02,5.02,9.01 07/17/07
JUPITERMEDIA CORP DE 1.01,1.02,2.03,7.01,9.01 07/12/07
KB HOME DE 5.02,9.01 07/12/07
KINDER MORGAN ENERGY PARTNERS L P DE 2.02,9.01 06/30/07
KINGS ROAD ENTERTAINMENT INC DE 5.02 07/14/07
KINGS ROAD ENTERTAINMENT INC DE 5.02 07/11/07 AMEND
KKR Financial Holdings LLC DE 8.01,9.01 07/17/07
KNIGHT CAPITAL GROUP, INC. DE 2.02,7.01,9.01 07/18/07
KNIGHT CAPITAL GROUP, INC. DE 7.01,9.01 07/18/07
KNOLL INC DE 2.02,9.01 07/18/07
KREISLER MANUFACTURING CORP DE 9.01 07/18/07
LABOR READY INC WA 2.02,9.01 07/18/07
LAM RESEARCH CORP DE 8.01 07/17/07
LASALLE HOTEL PROPERTIES MD 2.02,9.01 07/18/07
LAUREATE EDUCATION, INC. MD 5.01,5.02 07/12/07
LEVI STRAUSS & CO DE 5.02 07/12/07
Lexaria Corp. 8.01,9.01 07/18/07
LINDSAY CORP DE 8.01,9.01 07/18/07
LUFKIN INDUSTRIES INC TX 2.02,9.01 07/13/07
LUFKIN INDUSTRIES INC TX 2.02,9.01 07/18/07
LUMINEX CORP DE 5.02,7.01,9.01 07/16/07
MACE SECURITY INTERNATIONAL INC DE 3.01,9.01 07/12/07
MACE SECURITY INTERNATIONAL INC DE 1.01,9.01 07/12/07
Mackenzie Taylor Minerals Inc. NV 8.01 07/18/07
Mackenzie Taylor Minerals Inc. NV 8.01 07/18/07 AMEND
MANHATTAN PHARMACEUTICALS INC DE 5.02,9.01 07/17/07
MARSHALL & ILSLEY CORP/WI/ WI 2.02,9.01 07/18/07
MARTHA STEWART LIVING OMNIMEDIA INC DE 5.02,8.01 07/16/07
MAXIM INTEGRATED PRODUCTS INC DE 3.01,9.01 07/13/07
MCG CAPITAL CORP DE 1.01,2.03,9.01 07/12/07
MEDecision, Inc. PA 5.02 07/12/07
MEDTOX SCIENTIFIC INC DE 2.02,9.01 07/17/07
MEDUSA STYLE CORP NV 1.01,2.01,3.02,3.03,5.01,5.02, 07/18/07
5.06,9.01
Merrill Auto Trust Securitization 200 DE 8.01,9.01 06/11/07
MGI PHARMA INC MN 2.02,9.01 07/18/07
MHI Hospitality CORP MD 1.01,7.01,9.01 07/16/07
MICRONETICS INC DE 1.01,5.02,9.01 07/16/07
MITCHAM INDUSTRIES INC TX 1.01,5.02,8.01 07/12/07
MITY ENTERPRISES INC UT 2.01,3.01,5.01,8.01,9.01 07/17/07
MODINE MANUFACTURING CO WI 5.02,5.03,7.01,8.01,9.01 07/16/07
Monarch Financial Holdings, Inc. VA 7.01,9.01 07/18/07
MONEYGRAM INTERNATIONAL INC 2.02 07/18/07
MONUMENTAL MARKETING INC NV 4.01,9.01 09/02/04
MTC TECHNOLOGIES INC DE 5.02 07/18/07
MULTIBAND CORP MN 7.01,9.01 07/12/07
NATIONAL BANCSHARES CORP /OH/ OH 7.01,9.01 07/18/07
NCO Group, Inc. 7.01,9.01 07/18/07
NETBANK INC GA 8.01 07/17/07
New England Bancshares, Inc. 2.01,5.02,9.01 07/12/07
NEW FRONTIER ENERGY INC CO 1.01,9.01 07/18/07
NEW FRONTIER MEDIA INC CO 5.02 07/12/07
NEWCASTLE INVESTMENT CORP MD 2.03,9.01 07/12/07
NexCen Brands, Inc. DE 9.01 05/02/07 AMEND
NEXEN INC A0 5.02 07/18/07
NORTHERN TRUST CORP DE 2.02,9.01 07/18/07
NORTHWEST INDIANA BANCORP IN 2.02,9.01 07/18/07
NORTHWEST PIPE CO OR 4.01,9.01 07/13/07
NORWOOD FINANCIAL CORP PA 2.02,9.01 07/18/07
NVE CORP /NEW/ MN 2.02 07/18/07
Oakmont Acquisition Corp. DE 7.01,9.01 07/18/07
OFFICE DEPOT INC DE 8.01 07/16/07
OFFICEMAX INC DE 1.01,1.02,2.03,9.01 07/12/07
OLD POINT FINANCIAL CORP VA 2.02,9.01 07/18/07
OLYMPIC STEEL INC OH 1.01,9.01 07/18/07
ONEOK Partners LP DE 8.01,9.01 07/18/07
ORBITAL SCIENCES CORP /DE/ DE 2.02 07/18/07
OSI SYSTEMS INC CA 2.02,9.01 07/17/07
Owens Corning DE 1.01,8.01,9.01 07/17/07
PACIFIC CONTINENTAL CORP OR 2.02,9.01 07/18/07
PANHANDLE OIL & GAS INC OK 5.02,7.01,9.01 07/16/07
PANTRY INC DE 2.02,9.01 07/10/07 AMEND
PARALLEL PETROLEUM CORP DE 7.01,9.01 07/18/07
PAYCHEX INC DE 1.01,9.01 07/12/07
PENSKE AUTOMOTIVE GROUP, INC. DE 8.01,9.01 07/17/07
PERFORMANCE HEALTH TECHNOLOGIES INC 5.03,8.01,9.01 07/12/07
PETMED EXPRESS INC FL 8.01,9.01 07/16/07
PFGI CAPITAL CORP MD 5.02,9.01 07/18/07
PFGI CAPITAL CORP MD 2.02,8.01,9.01 07/18/07
PFIZER INC DE 2.02,9.01 07/18/07
PHOTON DYNAMICS INC CA 2.02,4.02,9.01 07/16/07
PINNACLE FINANCIAL PARTNERS INC TN 2.02,9.01 07/17/07
PIONEER BANKSHARES INC/VA 2.02,9.01 07/18/07
PIONEER DRILLING CO TX 5.02,9.01 07/17/07
PIPER JAFFRAY COMPANIES 2.02,9.01 07/18/07
PLAINS EXPLORATION & PRODUCTION CO DE 1.01,8.01,9.01 07/17/07
PLUMAS BANCORP CA 2.02,9.01 07/18/07
PORTLAND GENERAL ELECTRIC CO /OR/ OR 5.02 07/16/07
PRINCIPAL LIFE INSURANCE CO IA 9.01 07/13/07
PRINCIPAL LIFE INSURANCE CO IA 9.01 07/13/07
PRINCIPAL LIFE INSURANCE CO IA 9.01 07/13/07
PROASSURANCE CORP DE 2.02,9.01 07/17/07
PROELITE, INC. NJ 1.01,3.02,9.01 07/18/07
PROVIDENT COMMUNITY BANCSHARES, INC. DE 2.02,9.01 07/17/07
PULTE HOMES INC/MI/ MI 2.02,9.01 07/17/07
QUANTUM CORP /DE/ DE 5.02,5.03,9.01 07/12/07
QUOVADX INC DE 8.01,9.01 07/17/07
R&G FINANCIAL CORP PR 5.02 12/21/06
RAINIER PACIFIC FINANCIAL GROUP INC WA 2.02,9.01 07/18/07
Rand Logistics, Inc. DE 8.01,9.01 07/18/07
RASC Series 2007-KS2 Trust DE 8.01,9.01 07/18/07
RASC Series 2007-KS2 Trust DE 8.01,9.01 07/18/07 AMEND
REDDY ICE HOLDINGS INC DE 8.01,9.01 07/17/07
REIDCO ACQUISITION I INC DE 4.01,9.01 06/11/07
Reperio Exploration Inc. NV 5.02 07/15/07
REX STORES CORP DE 1.01,9.01 07/17/07
RLI CORP IL 2.02,9.01 07/17/07
ROO GROUP INC DE 1.01,2.01,7.01,9.01 07/12/07
Rosetta Resources Inc. DE 5.02 07/18/07
RPM INTERNATIONAL INC/DE/ DE 5.02,7.01,9.01 07/17/07
RUSH ENTERPRISES INC \TX\ TX 2.02 07/18/07
Ruths Chris Steak House, Inc. DE 5.02,9.01 07/16/07
S Y BANCORP INC KY 2.02,8.01,9.01 07/17/07
SATCON TECHNOLOGY CORP DE 1.01,3.02,9.01 07/17/07
SAVE THE WORLD AIR INC NV 8.01,9.01 07/12/07
SCHMITT INDUSTRIES INC OR 2.02 07/18/07
SCOTTS MIRACLE-GRO CO OH 5.02,8.01,9.01 07/16/07
SecureLogic Corp NV 5.02 07/12/07
SELECTICA INC DE 4.02,9.01 07/12/07
SemGroup Energy Partners, L.P. DE 1.01,5.02,7.01,9.01 07/18/07
SEMTECH CORP DE 8.01 07/18/07
SHENANDOAH TELECOMMUNICATIONS CO/VA/ VA 5.03,9.01 07/16/07
ShengdaTech, Inc. 8.01,9.01 07/17/07
SKY PETROLEUM, INC. NV 5.02,9.01 07/14/07
SKYWORKS SOLUTIONS INC DE 2.02,9.01 07/18/07
SLADES FERRY BANCORP MA 1.01,9.01 07/17/07
SMITH A O CORP DE 2.02,9.01 07/18/07
SONO TEK CORP NY 7.01,9.01 07/16/07
SourceForge, Inc DE 1.01,9.01 07/13/07
Southern Star Energy Inc. NV 1.01,9.01 07/10/07
SOUTHWEST AIRLINES CO TX 2.02 06/30/07
SOUTHWEST AIRLINES CO TX 2.02 06/30/07
SPATIALIGHT INC NY 7.01,9.01 07/13/07
ST JUDE MEDICAL INC MN 2.02,9.01 07/18/07
STAKTEK HOLDINGS INC DE 5.02 07/13/07
STANDARD PARKING CORP DE 8.01,9.01 07/18/07
STILLWATER MINING CO /DE/ DE 8.01,9.01 07/17/07
STOCKGROUP INFORMATION SYSTEMS INC CO 8.01,9.01 07/16/07
SUNPOWER CORP CA 1.01,7.01,9.01 07/16/07
SUNPOWER CORP CA 1.01,2.03 07/13/07 AMEND
SURMODICS INC MN 2.02,9.01 07/18/07
Synovics Pharmaceuticals NV 8.01 07/17/07
SYNTHETIC FIXED INCOME SECURITIES INC 8.01,9.01 07/16/07
TALEO CORP DE 1.01 05/30/07
Tennessee Commerce Bancorp, Inc. TN 9.01 07/18/07
Tennessee Valley Authority 2.03 07/12/07
TERRA NOSTRA RESOURCES CORP. NV 3.02 07/12/07
TETROS INC DE 4.01,9.01 04/26/07 AMEND
TLC VISION CORP A6 8.01,9.01 07/16/07
TORCHMARK CORP DE 2.02,9.01 07/18/07
TORTOISE CAPITAL RESOURCES CORP 2.02,9.01 07/13/07
TransMontaigne Partners L.P. DE 1.01,2.03,9.01 07/12/07
TRULITE INC DE 1.01,9.01 07/10/07
TRUSTMARK CORP MS 5.03,9.01 07/17/07
TWEETER HOME ENTERTAINMENT GROUP INC DE 2.01,8.01,9.01 07/12/07
TXP CORP NV 1.01,9.01 07/13/07
UNITED HERITAGE CORP UT 8.01,9.01 07/17/07
UNITED TECHNOLOGIES CORP /DE/ DE 2.02,8.01,9.01 07/18/07
USANA HEALTH SCIENCES INC UT 2.02,9.01 07/16/07
UTEK CORP 8.01,9.01 07/12/07
uVuMobile, Inc 1.01,3.02,8.01,9.01 07/16/07
VALUECLICK INC/CA DE 1.01,7.01,9.01 07/13/07
VALUEVISION MEDIA INC MN 5.02 07/11/07
VENTURE FINANCIAL GROUP INC WA 8.01,9.01 07/17/07
VeriChip CORP DE 2.02,9.01 07/17/07
VeriFone Holdings, Inc. DE 5.02,9.01 07/18/07
VINEYARD NATIONAL BANCORP CA 2.02,9.01 07/18/07
VITAL SIGNS INC NJ 8.01,9.01 07/17/07
Volcano CORP DE 5.02 07/17/07
Voyager Petroleum, Inc. NV 1.01,1.02,9.01 07/12/07
W HOLDING CO INC PR 5.02 06/29/07
WABCO Holdings Inc. DE 2.02,3.03,5.02,5.03,7.01, 07/13/07
8.01,9.01
WAKE FOREST BANCSHARES INC 2.02,9.01 07/18/07
WAKO LOGISTICS GROUP INC 8.01 07/13/07
Warner Music Group Corp. DE 8.01,9.01 07/18/07
WASHINGTON FEDERAL INC WA 2.02,7.01,9.01 07/16/07
WASHINGTON MUTUAL, INC WA 1.01,2.02,9.01 07/18/07
WASHINGTON REAL ESTATE INVESTMENT TRU MD 2.02,7.01,9.01 07/18/07
WASTE MANAGEMENT INC DE 5.02,9.01 07/13/07
Wells Timberland REIT, Inc. MD 8.01,9.01 07/17/07
WESBANCO INC WV 2.02,9.01 07/18/07
WEST COAST BANCORP /NEW/OR/ OR 2.02,9.01 07/17/07
WESTERN ALLIANCE BANCORPORATION 2.02,9.01 07/18/07
WORLD ENERGY SOLUTIONS, INC. FL 8.01 07/17/07
WORLD WASTE TECHNOLOGIES INC CA 5.02,8.01 07/18/07
WorldSpace, Inc DE 1.01,7.01,9.01 07/18/07
X-CHANGE CORP NV 5.02,7.01,9.01 07/16/07
XSUNX INC CO 7.01,9.01 07/17/07
Zagg INC 7.01,9.01 07/10/07
http://www.sec.gov/news/digest/2007/dig071907.htm
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