U.S. Securities & Exchange Commission
SEC Seal
Home | Previous Page
U.S. Securities and Exchange Commission

SEC News Digest

Issue 2010-138
July 26, 2010

COMMISSION ANNOUNCEMENTS

SEC Announces $106 Million Fair Fund Distribution to Harmed Investors in HealthSouth Financial Fraud

Securities and Exchange Commission today announced a Fair Fund distribution of more than $106 million to investors harmed in a financial fraud at HealthSouth Corporation.

The Fair Fund for HealthSouth Corporation fraud victims resulted from an SEC enforcement action in March 2003 after which HealthSouth paid $100 million to settle SEC charges that it falsely inflated earnings to meet Wall Street expectations. The U.S. District Court of the Northern District of Alabama entered a final judgment against HealthSouth in June 2005, and the court approved the establishment of the Fair Fund in April 2006.

This Fair Fund distribution to 67,695 individual investors, pension plans and other victims represents the entirety of the money HealthSouth paid to settle the SEC's fraud charges, plus interest.

Questions regarding the Fair Fund distribution should be directed to the Claims Administrator, Rust Consulting, Inc.:

  • Visit the settlement website: www.HLSSettlement.com
  • Call toll-free: 1-888-952-9108 (Monday to Friday, 9 a.m. to 6 p.m. ET)
  • E-mail: mail@HLSSettlement.com
  • Write to: SEC HealthSouthSecurities Settlement, 201 S. Lyndale Avenue, Suite S-3, P.O. Box 1883, Faribault, MN 55021-7138

(Press Rel. 2010-132)


ENFORCEMENT PROCEEDINGS

In the Matter of Channel America Television Network, Inc., et al.

On July 26, 2010, an Administrative Law Judge issued an Order Making Findings and Revoking Registrations of Securities by Default (Default Order) as to Channel America Television Network, Inc., Security Investments Group, Inc., Shared Technologies Cellular, Inc., Shimoda Resources Holdings, Inc., and V-ONE Corp. in Channel America Television Network, Administrative Proceeding No. 3-13946. The Default Order finds that each of the five Respondents failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 13a-1 and 13a-13 because it failed to make periodic filings with the Commission for a number of years. Based on these findings, the Default Order revoked the registrations of each class of registered securities of these five Respondents. (Rel. 34-62570; File No. 13946)


Commission Revokes Registration of Securities of EMCEE Broadcast Products, Inc. for Failure to Make Required Periodic Filings

On July 26, 2010, the Commission revoked the registration of each class of registered securities of EMCEE Broadcast Products, Inc. (EMCEE Broadcast Products) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, EMCEE Broadcast Products consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to EMCEE Broadcast Products finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of EMCEE Broadcast Products' securities pursuant to Section 12(j) of the Exchange Act. This order settled the proceedings brought against EMCEE Broadcast Products in In the Matter of E-Sync Networks, Inc., et al., Administrative Proceeding File No. 3-13966.

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

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

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of E-Sync Networks, Inc., et al., Administrative Proceeding File No. 3-13966, Exchange Act Release No. 62494, July 14, 2010. (Rel. 34-62571; File No. 3-13966)


SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by NYSE Amex (SR-NYSEAmex-2010-70) extending the operative date of NYSE Amex Equities Rule 92(c)(3) from July 31, 2010 to Dec. 31, 2010 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 26. (Rel. 34-62540)

A proposed rule change filed by New York Stock Exchange (SR-NYSE-2010-52) extending the operative date of NYSE Rule 92(c)(3) from July 31, 2010 to December 31, 2010 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 26. (Rel. 34-62541)

A proposed rule change filed by NASDAQ OMX BX to Expand the $1 Strike Program on the Boston Options Exchange Facility (SR-BX-2010-050) 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 July 26. (Rel. 34-62553)

The Options Clearing Corporation filed a proposed rule change (SR-OCC-2010-10) under Section 19(b)(1) of the Exchange Act, which became effective upon filing, to amend OCC's By-Laws and Rules to change its method of holding certain securities pledged by Members to satisfy margin and clearing fund obligations. Publication is expected in the Federal Register during the week of July 26. (Rel. 34-62566)


Proposed Rule Change

National Securities Clearing Corporation filed a proposed rule change (SR-NSCC-2010-07) under Section 19(b)(1) of the Exchange Act that would amend Addendum C of its Rules & Procedures to implement risk enhancements to its Stock Borrow Program. Publication is expected in the Federal Register during the week of July 26. (Rel. 34-62567)


SECURITIES ACT REGISTRATIONS


RECENT 8K FILINGS

 

http://www.sec.gov/news/digest/2010/dig072610.htm


Modified: 07/26/2010