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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2012-122
June 25, 2012

Commission announcements

SEC Halts $100 Million Real-Estate Based Ponzi Scheme

The Securities and Exchange Commission today obtained a temporary restraining order and asset freeze against a Utah man and company charged with operating a real estate-based Ponzi scheme that bilked $100 million from investors nationwide.

The SEC’s complaint filed in U.S. District Court for the District of Utah, names Wayne L. Palmer and his firm, National Note of Utah, LC, both of West Jordan, Utah. According to the complaint, Palmer told investors that their money would be used to buy mortgage notes and real estate assets, or to make real estate loans. More than 600 individuals invested, lured by promises of annual returns of 12 percent, the SEC alleged.

“Palmer promised double-digit returns at his real estate seminars, where investors learned the hard way about his lies and deceit,” said Kenneth Israel, Director of the SEC’s Salt Lake City Regional Office.

Palmer told investors that their money would be completely secure and that National Note had a perfect record, having never missed paying principal or interest on its promissory notes. Glossy marketing materials that Palmer provided to some investors showed that National Note returns did not fluctuate and stated that investors were guaranteed payment even if property owners missed payment on mortgage loans that National Note held.

Contrary to Palmer’s claims, National Note used most of the money it took in from new investors to pay earlier investors, making it a classic Ponzi scheme, the SEC alleged. It said that since 2009, National Note would not have been able survive but for the influx of new investor funds, and that its payments to investors all but stopped in October 2011. According to the SEC’s complaint, Palmer reassured investors that the money would be forthcoming, and continued to solicit new investors in National Note without disclosing the fact that it is delinquent in making payments to existing investors.

The SEC’s complaint charges National Note and Palmer with violating the anti-fraud and securities registration provisions of U.S. securities laws. Palmer also faces charges that he operated as an unregistered broker-dealer.

Scott Frost, Paul Feindt, Matthew Himes and Alison Okinaka of the SEC’s Salt Lake Regional Office conducted the investigation; Thomas Melton will lead the litigation. (Press Rel. 2012-119)

Enforcement proceedings

In the Matter of Matthew M. Tannin

On June 25, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Matthew M. Tannin.

The Order finds that on June 18, 2012, in the civil action SEC v. Ralph R. Cioffi, et al., Civil Action No. 08 Civ. 2457 (FB), the United States District Court for the Eastern District of New York entered a final judgment by consent against Tannin, permanently enjoining him from future violations of Section 17(a)(2) of the Securities Act of 1933. The Order further finds that Tannin, age 50, was a senior managing director of Bear Stearns Asset Management (BSAM), an investment adviser registered with the Commission. Tannin acted as chief operating officer and portfolio manager of two hedge funds for which BSAM was the general partner and investment adviser (Funds), the Bear Stearns High-Grade Structured Credit Strategies Fund and Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Fund (Enhanced Leverage Fund). From August 1994 through March 2008, Tannin was also a registered representative associated with broker-dealers registered with the Commission.

According to the Order, the Commission's complaint, filed on June 19, 2008 (Complaint), alleged that, in connection with the offer or sale of limited partnership interests, Tannin misrepresented the extent to which certain of the assets in the Funds’ portfolio were backed by subprime mortgages, and whether he was going to add to his personal investment in the Enhanced Leverage Fund.  The complaint also alleged that during an investor call, Tannin misrepresented the prospects of the Funds going forward.

The Order bars Tannin from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, based on the injunction entered against him, with the right to apply for reentry after two years to the appropriate self-regulatory organization, or if there is none, to the Commission. Tannin consented to the issuance of the Order without admitting or denying the findings in the Order, except he admitted the entry of the civil injunction.

For further information, see Lit. Rel. No. 20625 (June 19, 2008). (In the Matter of Matthew M. Tannin - Rel. 34-67249; IA-3421; File No. 3-14925)

In the Matter of Ralph R. Cioffi

On June 25, 2012, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Ralph R. Cioffi.

The Order finds that on June 18, 2012, in the civil action SEC v. Ralph R. Cioffi, et al., Civil Action No. 08 Civ. 2457 (FB), the United States District Court for the Eastern District of New York entered a final judgment by consent against Cioffi, permanently enjoining him from future violations of Section 17(a)(2) of the Securities Act of 1933. The Order further finds that Cioffi, age 56, was a senior managing director and member of the board of directors of Bear Stearns Asset Management (BSAM), an investment adviser registered with the Commission. Cioffi acted as senior portfolio manager of two hedge funds for which BSAM was the general partner and investment adviser (Funds), the Bear Stearns High-Grade Structured Credit Strategies Fund and Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Fund (Enhanced Leverage Fund). From August 1985 through November 2007, Cioffi was also a registered representative associated with broker-dealers registered with the Commission.

According to the Order, the Commission's complaint, filed on June 19, 2008 (Complaint), alleged that, in connection with the offer or sale of limited partnership interests, Cioffi misrepresented the extent to which certain of the assets in the Funds’ portfolio were backed by subprime mortgages, and the level of investor redemptions during an investor call. The Complaint also alleged that Cioffi did not tell investors about a redemption of a portion of his personal investment in the Enhanced Leverage Fund used to invest in a third fund for which he acted as portfolio manager.

The Order bars Cioffi from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, based on the injunction entered against him, with the right to apply for reentry after three years to the appropriate self-regulatory organization, or if there is none, to the Commission. Cioffi consented to the issuance of the Order without admitting or denying the findings in the Order, except he admitted the entry of the civil injunction.

For further information, see Lit. Rel. No. 20625 (June 19, 2008). (In the Matter of Ralph R. Cioffi - Rel. 34-67250; IA-3422; File No. 3-14926)

In the Matter of Jetronic Industries, Inc. (n/k/a New Bastion Development, Inc.)

An Administrative Law Judge has issued an Initial Decision (Decision) as to Jetronic Industries, Inc. (n/k/a New Bastion Development, Inc.) (Jetronic). The Order Instituting Proceedings alleged that Jetronic repeatedly failed to file required annual and quarterly reports while its securities were registered with the Securities and Exchange Commission. The Initial Decision finds these allegations to be true and revokes the registration of each class of registered securities of Jetronic, pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act).

The proceeding has ended as to the remaining Respondents. See Jetronic Industries, Inc. (n/k/a New Bastion Development, Inc.), Exchange Act Release No. 66693 (Mar. 30, 2012). (Initial Decision No. 462; File No. 3-14767)

Court Finds Bay Area Hedge Fund Manager in Civil Contempt For Failing to Pay More Than $12 Million in Disgorgement

The Securities and Exchange Commission (“Commission”) today announced that on June 20, 2012, an Order Finding Defendants In Civil Contempt was issued by a judge in the United States District Court for the Northern District of California against defendants Lawrence R. Goldfarb (“Goldfarb”) and Baystar Capital Management, LLC (“Baystar Capital”) in the proceeding entitled Securities and Exchange Commission v. Lawrence R. Goldfarb, et. al, Case No. C-11-00938-WHA. The Order found that defendants failed to pay disgorgement in compliance with the provisions of a Final Judgment entered against them on March 16, 2011 and furthermore failed to demonstrate that they reasonably attempted to comply with their disgorgement obligations.

Previously, on March 1, 2011, the Commission filed a Complaint against investment advisers Goldfarb and Baystar Capital alleging that they violated Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 by engaging in a fraudulent scheme with respect to their funds [15 U.S.C. §§ 80b-6(1), (2)]. The Complaint also alleged that Goldfarb and Baystar Capital made material misstatements and omissions, and engaged in a fraudulent scheme, with respect to investors in a pooled investment vehicle in violation of Sections 206(4) and Rule 206(4)-8 of the Advisers Act [15 U.S.C. § 80b-6(4); 17 C.F.R. § 275.206(4)-8]. These violations were based upon allegations that defendants took $12 million in proceeds from an investment under their management and misappropriated those proceeds for their own use, rather than distributing those proceeds to investors.

At the same time that it filed the Complaint, the Commission also filed the written Consents of Goldfarb and of Baystar Capital to the entry of a Final Judgment against them. Without admitting or denying the Complaint’s allegations, defendants agreed, among other things, to pay $12,112,416 in disgorgement and $1,967,371 in prejudgment interest to the court’s registry within 365 days of entry of the Final Judgment. Defendants also agreed to make four progress payments, including a $1.025 million payment due within 180 days of entry of the Final Judgment. Defendants eventually made three progress payments totaling $80,000 in disgorgement, but failed to make the $1.025 million progress payment or the final payment.

In April 2012, the Commission filed an Application with the Court for an order for defendants to show cause why they should not be found in civil contempt of the Final Judgment.

In its Order dated June 20, 2012, the Court found that the defendants were in breach of the Final Judgment by failing to pay the disgorgement amounts ordered. The Court also found that defendants had failed to establish a good faith effort to fulfill their disgorgement obligations because, among other things, they used available funds for large personal expenses such as courtside seats to Golden State Warriors games, charters of aircraft for personal trips, Goldfarb’s mortgage payment and numerous personal vacations, rather than to pay disgorgement.

In the Order, the Court also approved the appointment of a receiver over defendants’ assets and reaffirmed its prior order limiting Goldfarb’s monthly spending.

For additional information, please see Litigation Release No. 21870 (Mar. 1, 2011) and Press Release No. 2011-54 (Mar. 1, 2011). [SEC v. Lawrence R. Goldfarb and Baystar Capital Group, LLC, CV-11-00938 WHA (U.S. District Court for the Northern District of California] (LR-22397)

SEC v. Cioffi, et al.

The U.S. District Court for the Eastern District of New York approved Securities and Exchange Commission settlements with two former Bear Stearns Asset Management portfolio managers on June 18, 2012, bringing to a close the SEC’s civil litigation against the managers. The court ordered Ralph R. Cioffi and Matthew M. Tannin, who co-managed the Bear Stearns High-Grade Structured Credit Strategies Fund and Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Fund, to pay a total of $1.05 million in disgorgement and civil penalties and enjoined them from federal securities law violations. As part of the settlement, the Commission today issued orders instituting administrative proceedings that bar Cioffi and Tannin from industries regulated by the SEC for periods of three years and two years, respectively.

The SEC’s complaint, filed June 19, 2008, alleged that the Bear Stearns funds collapsed in June 2007 after taking highly leveraged positions in structured securities based largely on subprime mortgage-backed securities. Cioffi was the senior portfolio manager, and Tannin was a portfolio manager and the chief operating officer for the funds. According to the complaint, Cioffi and Tannin misrepresented the extent to which the funds had invested in securities backed by subprime mortgages and, during an April 2007 investor conference call, Cioffi misrepresented the level of investor redemption requests.  The complaint also alleged that Cioffi did not tell investors about his own April 2007 redemption of a portion of his personal investment in the Enhanced Leverage Fund used to invest in a third fund for which he acted as portfolio manager. The complaint further alleged that Tannin misrepresented that he was going to add to his personal investment in the Enhanced Leverage Fund and that he misrepresented the funds’ prospects during the April 2007 investor call.

Cioffi and Tannin settled the SEC’s charges, without admitting or denying the allegations in the complaint, and consented to the entry of district court judgments that permanently enjoin them from violating Section 17(a)(2) of the Securities Act of 1933, which prohibits untrue statements related to the offer or sale of securities. The judgments also ordered Cioffi to pay $700,000 in disgorgement and a $100,000 civil penalty, and ordered Tannin to pay $200,000 in disgorgement and a $50,000 civil penalty. Cioffi and Tannin further consented to issuance of the Commission orders, which bar them from associating with any investment adviser, broker-dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, for three years as to Cioffi and two years as to Tannin. The Commission issued its orders in administrative proceedings instituted after the district court entered the injunctions. [SEC v. Ralph R. Cioffi and Matthew M. Tannin, Civil Action No. 08 2457 (FB) (E.D.N.Y.)] (LR-22398)

SEC Charges Owner of Two New Jersey-Based Firms in Stock Lending Scheme

The Securities and Exchange Commission today charged a New Jersey businessman with running a stock-lending scheme that defrauded public company officials and brought restricted stock to the market.

Ayuda Equity Funding, LLC and AmeriFund Capital Holdings, LLC, both located in North Butler, New Jersey, and owner Manuel M. Bello, agreed to settle the SEC’s complaint without admitting or denying the allegations. Bello and the firms jointly agreed to return $3.2 million of ill-gotten gains, plus interest. Bello, of Kinnelon, New Jersey, also agreed to pay a $500,000 penalty and be permanently barred from the securities industry.

According to the SEC’s complaint, Ayuda and AmeriFund reaped more than $3.2 million of illegal gains on loans to public company officers and directors who put up stock as collateral. Although some borrowers received written and oral assurances that the stock would not be sold as long as they did not default on their loan payments, Ayuda and AmeriFund sold the shares before or soon after making the loans, the SEC alleged.

The SEC also alleged that in at least 35 loan transactions, Ayuda and AmeriFund sold the borrowers’ restricted shares into the market without registering the transactions and the firms and Bello failed to register with the SEC as brokers or dealers. Without admitting or denying the SEC’s allegations, Ayuda, AmeriFund, and Bello consented to a final judgment permanently enjoining them from violating federal anti-fraud, broker-dealer registration, and securities registration laws. The settlement is subject to court approval.

In a separate administrative proceeding, the SEC charged Howard L. Blum, alleging that he brokered numerous transactions for Ayuda without being registered as a broker or dealer. Blum, without admitting or denying the SEC’s findings, agreed to return more than $1 million of allegedly ill-gotten gains, plus interest, pay a $50,000 penalty, and be suspended from the securities industry for twelve months.

The SEC’s investigation was conducted by Jacob D. Krawitz and supervised by Julie M. Riewe. [SEC v. Manuel M. Bello, Ayuda Equity Funding, LLC, and AmeriFund Capital Holdings, LLC, Case No. 2:12-cv-03794-JLL-MAH (U.S. District Court for the District of New Jersey] (LR-22400)

SELF-REGULATORY ORGANIZATIONS

Proposed Rule Changes

NYSE Arca, Inc. filed a proposed rule change (SR-NYSEArca-2012-66), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder, to list and trade shares of iShares Copper Trust pursuant to NYSE Arca Equities Rule 8.201. Publication is expected in the Federal Register during the week of June 25. (Rel. 34-67237)

NYSE Arca, Inc. filed a proposed rule change under Rule 19b-4 of the Securities Exchange Act of 1934 (SR-NYSEArca-2012-67) amending NYSE Arca Rule 3.2 and NYSE Arca Equities, Inc. Rule 3.2, which concern the nomination and election of fair representation directors. Publication is expected in the Federal Register during the week of June 25. (Rel. 34-67244)

Approval of Proposed Rule Changes

The Commission granted approval of a proposed rule change, as modified by Amendment No. 1, filed by the Municipal Securities Rulemaking Board (SR-MSRB-2012-04) relating to proposed Rule G-43, on broker’s brokers; proposed amendments to Rule G-8, on books and records; Rule G-9, on record retention; and Rule G-18, on execution of transactions; and a proposed interpretive notice on the duties of dealers that use the services of broker’s brokers. Publication is expected in the Federal Register during the week of June 25. (Rel. 34-67238)

The Commission granted approval of a proposed rule change submitted by the Financial Industry Regulatory Authority (SR-FINRA-2012-023), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, relating to FINRA’s Trading Activity Fee rate for transactions in covered equity securities. Publication is expected in the Federal Register during the week of June 25. (Rel. 34-67242)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by Financial Industry Regulatory Authority, Inc. to adjust fees for review of advertising material filed with FINRA (SR-FINRA-2012-028) 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 June 25. (Rel. 34-67239)

A proposed rule change filed by Financial Industry Regulatory Authority, Inc. to amend Section 4 of Schedule A to the FINRA By-Laws to increase the branch office annual registration and new member application fees and assess a new continuing membership application fee (SR-FINRA-2012-031) 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 June 25. (Rel. 34-67240)

A proposed rule change filed by Financial Industry Regulatory Authority, Inc. to adjust fees for filing documents pursuant to FINRA Rule 5110 (SR-FINRA-2012-029) 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 June 25. (Rel. 34-67241)

A proposed rule change (SR-Phlx-2012-80) filed by NASDAQ OMX PHLX LLC relating to technical and conforming amendments to the pricing schedule 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 June 25. (Rel. 34-67245)

`SECURITIES ACT REGISTRATIONS

The following registration statements have been filed with the SEC under the Securities Act of 1933. The reported information appears as follows: Form, Name, Address and Phone Number (if available) of the issuer of the security; Title and the number and/or face amount of the securities being offered; Name of the managing underwriter or depositor (if applicable); File number and date filed; Assigned Branch; and a designation if the statement is a New Issue.

Registration statements may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.

S-1     Susser Petroleum Partners LP, 555 EAST AIRTEX DRIVE, HOUSTON, TX, 
        77073, (832) 234-3600 - 0 ($200,000,000.00) Equity, (File 333-182276 - 
        Jun. 22) (BR. )

S-3     ON ASSIGNMENT INC, 26651 WEST AGOURA ROAD, CALABASAS, CA, 91302, 
        8188787900 - 0 ($205,647,662.00) Equity, (File 333-182277 - Jun. 22) 
        (BR. 11A)

S-8     Clovis Oncology, Inc., 2525 28TH STREET, SUITE 100, BOULDER, CO, 80301, 
        (303) 625-5000 - 1,306,850 ($25,784,150.50) Equity, (File 333-182278 - 
        Jun. 22) (BR. 01B)

S-8     TRINITY BIOTECH PLC, IDA BUSINESS PARK, BRAY, CO WICKLOW, IRELAND, 
        DUBLIN IRELAND, L2, 18, 01135312955111 - 
        1,250,000 ($14,475,000.00) ADRs/ADSs, (File 333-182279 - Jun. 22) 
        (BR. 01B)

S-3ASR  Kosmos Energy Ltd., CLARENDON HOUSE, 2 CHURCH STREET, HAMILTON, D0, 
        HM 11, (214) 445-9600 - 0 ($0.00) Other, (File 333-182280 - Jun. 22) 
        (BR. 04B)

S-8     Hill International, Inc., 303 LIPPINCOTT CENTRE, MARLTON, NJ, 08053, 
        (856) 810-6200 - 0 ($6,200,000.00) Equity, (File 333-182282 - Jun. 22) 
        (BR. 06C)

S-3ASR  FLUOR CORP, 6700 LAS COLINAS BLVD, IRVING, TX, 75039, 4693987000 - 
        0 ($0.00) Other, (File 333-182283 - Jun. 22) (BR. 06C)

S-8     HALLIBURTON CO, 3000 NORTH SAM HOUSTON PARKWAY EAST, 
        3000 NORTH SAM HOUSTON PARKWAY EAST, HOUSTON, TX, 77032, 2818712699 - 
        25,000,000 ($722,250,000.00) Equity, (File 333-182284 - Jun. 22) 
        (BR. 04B)

S-1     Commonwealth Income & Growth Fund 8, LP, 2 CHRISTY DRIVE, SUITE 200, 
        CHADDS FORD, PA, 19317, 610-594-9600 - 
        0 ($50,000,000.00) Limited Partnership Interests, (File 333-182285 - 
        Jun. 22) (BR. )

S-8     EATON CORP, EATON CTR, 1111 SUPERIOR AVE, CLEVELAND, OH, 44114-2584, 
        2165235000 - 0 ($829,920,000.00) Equity, (File 333-182286 - Jun. 22) 
        (BR. 06C)

S-3     FX ENERGY INC, 3006 HIGHLAND DR, STE 206, SALT LAKE CITY, UT, 84106, 
        801-486-5555 - 57,300,000 ($57,300,000.00) Equity, (File 333-182288 - 
        Jun. 22) (BR. 04B)

S-4     Community Choice Financial Inc., 7001 POST ROAD, SUITE 200, DUBLIN, OH, 
        43016, (614) 798-5900 - 0 ($395,000,000.00) Debt, (File 333-182290 - 
        Jun. 22) (BR. 07)

S-4     SILGAN HOLDINGS INC, 4 LANDMARK SQ, STAMFORD, CT, 06901, 2039757110 - 
        0 ($500,000,000.00) Non-Convertible Debt, (File 333-182291 - Jun. 22) 
        (BR. 06A)

S-8     MONSANTO CO /NEW/, 800 N LINDBERGH BLVD, ST LOUIS, MO, 63167, 
        3146941000 - 0 ($787,300,000.00) Equity, 0 ($35,000,000.00) Other, 
        (File 333-182292 - Jun. 22) (BR. 05B)

S-8     MONSANTO CO /NEW/, 800 N LINDBERGH BLVD, ST LOUIS, MO, 63167, 
        3146941000 - 0 ($2,011,804,351.52) Equity, (File 333-182293 - Jun. 22) 
        (BR. 05B)

S-8     PETSMART INC, 19601 N 27TH AVE, PHOENIX, AZ, 85027, 6235806100 - 
        0 ($168,600,000.00) Equity, (File 333-182294 - Jun. 22) (BR. 02B)

S-8     KBW, INC., 787 SEVENTH AVENUE, NEW YORK, NY, 10019, 212887-7777 - 
        0 ($50,460,000.00) Equity, (File 333-182295 - Jun. 22) (BR. 12A)

S-8     CRYOLIFE INC, 1655 ROBERTS BOULEVARD N W, STE 142, KENNESAW, GA, 30144, 
        7704193355 - 2,100,000 ($10,258,500.00) Equity, (File 333-182296 - 
        Jun. 22) (BR. 10A)

S-4     CRYOLIFE INC, 1655 ROBERTS BOULEVARD N W, STE 142, KENNESAW, GA, 30144, 
        7704193355 - 100,000,000 ($100,000,000.00) Equity, (File 333-182297 - 
        Jun. 22) (BR. 10A)

S-3     MGT CAPITAL INVESTMENTS INC, 500 MAMARONECK AVENUE - SUITE 204, 
        HARRISON, NY, 10528, (914) 630-7430 - 0 ($20,335,450.00) Equity, 
        (File 333-182298 - Jun. 22) (BR. 03C)

S-1     Seals Entertainment Corp, 3340 PEACHTREE ROAD, NE, SUITE 1800, ATLANTA, 
        GA, 30326, (404) 222-6400 - 5,861,844 ($5,004,309.22) Equity, 
        (File 333-182299 - Jun. 22) (BR. 11C)

S-3ASR  GREENLIGHT CAPITAL RE, LTD., 65 MARKET STREET, SUITE 1207,, 
        CAMANA BAY, P.O. BOX 31110, GRAND CAYMAN, E9, KY1-1205, 345 943 4573 - 
        0 ($0.00) Unallocated (Universal) Shelf, (File 333-182300 - Jun. 22) 
        (BR. 01B)

S-1     GREENHAVEN COAL INDEX FUND, 3340 PEACHTREE ROAD, SUITE 1910, ATLANTA, 
        GA, 30326, 404-239-7941 - 0 ($3,000,000.00) Equity, (File 333-182301 - 
        Jun. 22) (BR. )

S-1     METHES ENERGIES INTERNATIONAL LTD, 3651 LINDELL ROAD, SUITE D-272, 
        LAS VEGAS, NV, 89103, 702-932-9964 - 0 ($39,515,100.00) Equity, 
        (File 333-182302 - Jun. 22) (BR. 06A)

S-4     Eaton Corp Ltd, 70 SIR JOHN ROGERSON'S QUAY, DUBLIN, L2, 2, 
        353 1 232 2000 - 0 ($19,246,839,775.94) Equity, (File 333-182303 - 
        Jun. 22) (BR. )

RECENT 8K FILINGS

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

1.01

Entry into a Material Definitive Agreement

1.02

Termination of a Material Definitive Agreement

1.03

Bankruptcy or Receivership

2.01

Completion of Acquisition or Disposition of Assets

2.02

Results of Operations and Financial Condition

2.03

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

2.04

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

2.05

Cost Associated with Exit or Disposal Activities

2.06

Material Impairments

3.01

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

3.02

Unregistered Sales of Equity Securities

3.03

Material Modifications to Rights of Security Holders

4.01

Changes in Registrant's Certifying Accountant

4.02

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

5.01

Changes in Control of Registrant

5.02

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

5.03

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

5.04

Temporary Suspension of Trading Under Registrant's Employee Benefit Plans

5.05

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

5.06

Change in Shell Company Status

6.01

ABS Informational and Computational Material.

6.02

Change of Servicer or Trustee.

6.03

Change in Credit Enhancement or Other External Support.

6.04

Failure to Make a Required Distribution.

6.05

Securities Act Updating Disclosure.

7.01

Regulation FD Disclosure

8.01

Other Events

9.01

Financial Statements and Exhibits

8-K reports may be viewed in person in the Commission's Public Reference Branch at 100 F Street, N.E., Washington, D.C. To obtain paper copies, please refer to information on the Commission's Web site at http://www.sec.gov/answers/publicdocs.htm. In most cases, you can view and download this information by using the search function located at http://www.sec.gov/edgar/searchedgar/companysearch.html.

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

-----------------------------------------------------------------------------------------
1st Century Bancshares, Inc.            DE       5.02                 06/20/12

ADMA BIOLOGICS, INC.                    DE       1.01,2.01,3.02,4.01, 02/13/12    AMEND
                                                 5.01,5.02,5.03,5.06,
                                                 9.01
   
Alexza Pharmaceuticals Inc.             DE       8.01,9.01            06/22/12

Alveron Energy Corp.                    DE       5.07,9.01            06/20/12

AMC ENTERTAINMENT INC                   DE       1.01,3.03,9.01       06/21/12

AMERICAN EXPRESS CREDIT ACCOUNT MASTE   DE       8.01,9.01            06/22/12

AMERICAN REALTY CAPITAL HEALTHCARE TR   MD       5.07                 06/22/12

American Realty Capital Properties, I   MD       1.01,2.01,8.01,9.01  06/21/12

American Realty Capital Trust III, In   MD       5.07                 06/22/12

AP PHARMA INC /DE/                      DE       5.02,8.01,9.01       06/18/12

APPLIED MICRO CIRCUITS CORP             DE       2.01,3.02,9.01       06/20/12

Ardea Biosciences, Inc./DE              DE       1.02,2.01,3.01,3.03, 06/19/12
                                                 5.01,5.02,5.03,9.01
        
Armour Residential REIT, Inc.           MD       1.01,9.01            06/18/12

Ascent Solar Technologies, Inc.         DE       3.01                 06/22/12

ASHLAND INC.                            KY       7.01,9.01            06/22/12

ATHERSYS, INC / NEW                     DE       5.07                 06/20/12

AUTOMATIC DATA PROCESSING INC           DE       1.01,2.03,9.01       06/20/12

AUXILIUM PHARMACEUTICALS INC                     5.07                 06/21/12

Bankrate, Inc.                          DE       5.02                 06/18/12

BAR HARBOR BANKSHARES                   ME       7.01                 06/22/12

BARNES & NOBLE INC                      DE       5.02                 06/19/12

BEHRINGER HARVARD MULTIFAMILY REIT I             1.01,8.01            06/18/12

BEST BUY CO INC                         MN       5.07,9.01            06/20/12    AMEND

Biodel Inc                                       1.01,3.02,8.01,9.01  06/21/12

Bioflamex Corp                          NV       4.02                 06/21/12

BIOSPECIFICS TECHNOLOGIES CORP          DE       5.07                 06/22/12

BreitBurn Energy Partners L.P.          DE       5.07                 06/21/12

BUCKEYE TECHNOLOGIES INC                DE       7.01,8.01            06/22/12

CADUS CORP                              DE       5.07                 06/21/12

Calpian, Inc.                           TX       5.07                 06/21/12

CAPITOL BANCORP LTD                     MI       7.01,9.01            06/21/12

CARNIVAL CORP                           DE       2.02,9.01            06/22/12

CASEYS GENERAL STORES INC               IA       5.03,8.01,9.01       06/21/12

CASPIAN SERVICES INC                    NV       5.02                 06/22/12

CB RICHARD ELLIS REALTY TRUST           MD       5.03,5.07,8.01,9.01  06/19/12

CELL THERAPEUTICS INC                   WA       8.01                 06/22/12

Cellceutix CORP                         NV       8.01,9.01            06/21/12

Chelsea Therapeutics International, L   DE       8.01,9.01            06/21/12

CHEROKEE INC                            DE       1.01,5.02,9.01       06/18/12

CombiMatrix Corp                        DE       5.07                 06/20/12

Command Center, Inc.                    WA       4.01                 06/19/12

COMMERCE GROUP CORP /WI/                         8.01                 06/18/12

COMMUNITY FIRST INC                     TN       1.02,7.01,9.01       06/22/12

COMPREHENSIVE CARE CORP                 DE       5.02                 06/18/12

COMPREHENSIVE CARE CORP                 DE       5.02                 06/18/12

COMSCORE, INC.                          DE       8.01                 06/22/12

COSTAR GROUP INC                        DE       9.01                 04/30/12    AMEND

COUNTERPATH CORP                        NV       3.02,8.01,9.01       06/19/12

COVANCE INC                             DE       5.02,9.01            06/18/12

CREDIT ACCEPTANCE CORP                  MI       8.01,9.01            06/22/12

CRYOLIFE INC                            FL       8.01                 06/22/12

CVB FINANCIAL CORP                      CA       7.01,9.01            06/22/12

Cyalume Technologies Holdings, Inc.     DE       5.07                 06/21/12

Cyclacel Pharmaceuticals, Inc.          DE       3.03                 06/22/12

DARDEN RESTAURANTS INC                  FL       2.02,5.03,9.01       06/20/12

DDR CORP                                OH       8.01,9.01            06/19/12

DEL MONTE CORP                                   2.02,7.01,9.01       06/22/12

DGSE COMPANIES INC                      NV       8.01,9.01            06/18/12

Discovery Communications, Inc.          DE       3.01                 06/18/12

DTE ENERGY CO                           MI       5.02                 06/22/12

Eagle Bulk Shipping Inc.                         8.01,9.01            06/20/12

Eagle Bulk Shipping Inc.                         5.07                 06/21/12

EASYLINK SERVICES INTERNATIONAL CORP    DE       8.01,9.01            06/22/12

Echo Therapeutics, Inc.                 DE       5.07                 06/20/12

EDISON INTERNATIONAL                    CA       5.03,9.01            06/21/12

EFL OVERSEAS, INC.                      NV       5.02                 06/18/12

EL CAPITAN PRECIOUS METALS INC          NV       5.02,8.01            06/22/12

EMPIRE RESOURCES INC /NEW/              DE       5.07,8.01,9.01       06/20/12

Enstar Group LTD                        D0       4.01,5.07,9.01       06/21/12

EQUUS TOTAL RETURN, INC.                DE       8.01,9.01            06/21/12

ERESEARCHTECHNOLOGY INC /DE/            DE       5.07,8.01,9.01       06/22/12

ESCALADE INC                            IN       8.01,9.01            06/22/12

ESTEE LAUDER COMPANIES INC              DE       2.05                 02/05/09    AMEND

EVOLUTION PETROLEUM CORP                NV       9.01                 04/17/12    AMEND

EXPLORE ANYWHERE HOLDING CORP           NV       3.02,5.02            06/22/12

FARO TECHNOLOGIES INC                   FL       5.02                 06/18/12

FIRST CITIZENS BANCSHARES INC /DE/      DE       8.01                 06/18/12

FIRST FINANCIAL SERVICE CORP            KY       5.07,7.01            06/20/12

FIRST PACTRUST BANCORP INC              MD       8.01,9.01            06/22/12

FNB United Corp.                        NC       5.07,8.01            06/22/12

FS Energy & Power Fund                  DE       5.07                 06/21/12

FS Investment CORP                      MD       5.07                 06/21/12

FSP PHOENIX TOWER CORP                           1.02,7.01,9.01       06/20/12

GANNETT CO INC /DE/                     DE       5.02,9.01            06/21/12

GelTech Solutions, Inc.                 DE       5.02,9.01            06/18/12

GENEREX BIOTECHNOLOGY CORP              DE       5.02,9.01            06/19/12

GeoEye, Inc.                            DE       8.01,9.01            06/22/12

GEOKINETICS INC                         DE       7.01,9.01            06/22/12

GLEACHER & COMPANY, INC.                DE       3.01                 06/19/12

GMX RESOURCES INC                       OK       3.01,9.01            06/20/12

GOLDMAN SACHS GROUP INC                 DE       8.01                 06/21/12

GOOD TIMES RESTAURANTS INC              NV       5.02                 06/22/12

Grand Canyon Education, Inc.            DE       4.01,9.01            06/18/12

Graymark Healthcare, Inc.               OK       3.01                 06/19/12

Griffin Capital Net Lease REIT, Inc.             5.07                 06/19/12

GTSI CORP                               DE       3.01,3.03,5.01,5.02, 06/18/12
                                                 5.03,8.01,9.01

HAMPSHIRE GROUP LTD                     DE       5.07,7.01,8.01,9.01  06/20/12

HCP, INC.                               MD       8.01,9.01            06/18/12

HERSHA HOSPITALITY TRUST                MD       2.01,9.01            06/18/12

Hicks Acquisition CO II, Inc.                    1.01,8.01,9.01       06/20/12

Hines Global REIT, Inc.                 MD       8.01,9.01            06/22/12

HUSA Liquidating Corp                   DE       1.03,2.01,3.03,5.02, 06/18/12
                                                 9.01
          
IHS Inc.                                DE       8.01,9.01            06/21/12

Independence Energy Corp.               NV       8.01                 06/22/12

Integrated Healthcare Holdings Inc               5.08,8.01            06/22/12

INTERNET AMERICA INC                    TX       5.02                 06/20/12

INVESTORS REAL ESTATE TRUST             ND       1.01,9.01            06/22/12

Janus Resources, Inc.                   NV       5.02,7.01            06/18/12

Kearny Financial Corp.                  X1       8.01,9.01            06/22/12

KFORCE INC                              FL       5.07                 06/19/12

Kodiak Oil & Gas Corp                   B0       5.02,9.01            06/20/12

KV PHARMACEUTICAL CO /DE/               DE       7.01,9.01            06/18/12

LAKES ENTERTAINMENT INC                 MN       7.01,9.01            06/21/12

LEAP TECHNOLOGY INC / DE                DE       5.02,5.07,8.01       06/22/12

LEXINGTON REALTY TRUST                  MD       1.01,9.01            06/22/12

LHC Group, Inc                                   5.07                 06/21/12

LIONS GATE ENTERTAINMENT CORP /CN/      A1       4.02                 06/21/12

LPATH, INC                              NV       5.07                 06/21/12

Lumber Liquidators Holdings, Inc.                5.02                 06/22/12

Lustros Inc.                            UT       5.02                 06/22/12

MAGICJACK VOCALTEC LTD                  L3       8.01                 06/22/12

MAM SOFTWARE GROUP, INC.                DE       8.01,9.01            06/20/12

MANHATTAN BRIDGE CAPITAL, INC           NY       5.07                 06/22/12

McEwen Mining Inc.                      CO       7.01,9.01            06/22/12

MECHANICAL TECHNOLOGY INC               NY       4.01,9.01            06/18/12

MEDICAL ALARM CONCEPTS HOLDINGS INC     NV       7.01                 06/22/12

MEMSIC Inc                                       5.02                 05/20/12

MICROWAVE FILTER CO INC /NY/            NY       8.01                 06/22/12

MINDSPEED TECHNOLOGIES, INC             DE       1.01,2.03,3.02       06/19/12

Mount Knowledge Holdings, Inc.          NV       1.01,2.01,3.02       06/20/12

MSC INDUSTRIAL DIRECT CO INC            NY       8.01,9.01            06/21/12

NATIONAL SECURITY GROUP INC             DE       8.01                 06/20/12

NEULION, INC.                                    4.01,9.01            06/21/12

NEW ENERGY TECHNOLOGIES, INC.                    7.01,9.01            06/18/12

NEWFIELD EXPLORATION CO /DE/            DE       7.01,9.01            06/21/12

NEWS CORP                                        8.01,9.01            06/22/12

NORDSON CORP                            OH       2.01,9.01            06/21/12

NORTH CENTRAL BANCSHARES INC            IA       2.01,3.01            06/22/12

OCCIDENTAL PETROLEUM CORP /DE/          DE       1.01,2.03,9.01       06/19/12

OMEGA PROTEIN CORP                      NV       5.02,5.07            06/21/12

ONEOK INC /NEW/                         OK       7.01,9.01            06/22/12

ONEOK Partners LP                       DE       7.01,9.01            06/22/12

OXIGENE INC                             DE       8.01,9.01            06/21/12

P F CHANGS CHINA BISTRO INC                      1.01,9.01            06/22/12

PAIN THERAPEUTICS INC                   DE       5.02                 06/08/12

PARK CITY GROUP INC                              1.01,8.01,9.01       06/20/12

Patriot Coal CORP                       DE       5.02                 06/21/12

PATTERSON COMPANIES, INC.               MN       8.01                 06/22/12

Pebblebrook Hotel Trust                 MD       8.01,9.01            06/19/12

Pershing Gold Corp.                     NV       3.02,9.01            06/19/12

PetroLogistics LP                       DE       5.02                 06/18/12

PICO HOLDINGS INC /NEW                  CA       1.01,9.01            06/20/12

PINNACLE AIRLINES CORP                  DE       7.01,9.01            06/22/12

PINNACLE WEST CAPITAL CORP              AZ       5.02                 06/20/12

PLAINS ALL AMERICAN PIPELINE LP         DE       7.01                 06/22/12

PLUG POWER INC                          DE       5.02,9.01            06/21/12

POPULAR INC                                      5.03,9.01            06/19/12

PREMIER BIOMEDICAL INC                  NV       3.02                 06/11/12

PREMIER HOLDING CORP.                   NV       3.02                 06/22/12

Preventia, Inc.                                  8.01,9.01            06/20/12

PRGX GLOBAL, INC.                       GA       1.01,5.07,9.01       06/19/12

Protalix BioTherapeutics, Inc.          FL       7.01,8.01,9.01       06/22/12

PROVIDENCE SERVICE CORP                 DE       8.01                 06/15/12    AMEND

RADIAN GROUP INC                        DE       7.01                 06/22/12

Radius Health, Inc.                     DE       1.01,9.01            06/18/12

REAL ESTATE ASSOCIATES LTD II           CA       8.01                 06/20/12

RealD Inc.                              DE       5.02,9.01            06/21/12

REPLIGEN CORP                           DE       8.01,9.01            06/22/12

Resource Real Estate Opportunity REIT   MD       2.01,9.01            06/20/12

Roadrunner Transportation Systems, In   DE       9.01                 08/31/11    AMEND

Rockville Financial, Inc. /CT/          CT       5.02,9.01            06/21/12

Rovi Corp                               DE       5.02                 06/21/12

RVUE HOLDINGS, INC.                     NV       5.02                 06/19/12

RXi Pharmaceuticals Corp                DE       5.02                 06/18/12

Sabra Health Care REIT, Inc.            MD       5.07                 06/21/12

Sanchez Energy Corp                     DE       5.01,8.01            06/19/12

SANDRIDGE ENERGY INC                    DE       2.01,9.01            06/20/12

SCIENTIFIC LEARNING CORP                DE       1.01,9.01            06/18/12

SEI INVESTMENTS CO                      PA       1.01,2.03,9.01       02/02/12    AMEND

Sierra Income Corp                      MD       8.01,9.01            06/22/12

SILGAN HOLDINGS INC                     DE       8.01                 06/22/12

SkyPeople Fruit Juice, Inc              FL       8.01,9.01            06/22/12

SMF ENERGY CORP                         DE       2.01,5.02            05/25/12

SMITH MICRO SOFTWARE INC                DE       5.07                 06/21/12

Solera National Bancorp, Inc.           DE       7.01,9.01            06/21/12

SOLIGENIX, INC.                         DE       5.03,5.07,9.01       06/21/12

SOLUTION TECHNOLOGY INTERNATIONAL INC            1.01                 06/21/12

Sono Resources, Inc.                    NV       5.02,7.01,9.01       06/22/12

SOUTHERN CALIFORNIA EDISON CO           CA       5.03,9.01            06/21/12

SOUTHWEST IOWA RENEWABLE ENERGY, LLC    IA       1.01,5.02,9.01       06/22/12

SPECTRUM PHARMACEUTICALS INC            DE       5.02,5.07            06/22/12

STANCORP FINANCIAL GROUP INC            OR       1.01,1.02,2.03,9.01  06/22/12

STANDARD PARKING CORP                   DE       5.02,8.01            06/19/12

STARWOOD PROPERTY TRUST, INC.                    8.01,9.01            06/22/12

STONE ENERGY CORP                       DE       7.01,9.01            06/21/12

STRATS SM TRUST FOR Goldman Sachs Cap            8.01,9.01            06/15/12

STRATS SM TRUST FOR GOLDMAN SACHS GRO            8.01,9.01            06/15/12

STRATS SM TRUST FOR JPMORGAN CHASE &             8.01,9.01            06/15/12

STRATS SM TRUST FOR U S CELL CORP SEC            8.01,9.01            06/15/12

STRATS SM TRUST FOR WAL-MART STORES,             8.01,9.01            06/15/12

STRATS(SM) TRUST FOR DOMINION RESOURC            8.01,9.01            06/15/12

STRATS(SM) TRUST FOR GEN ELEC CAP COR            8.01,9.01            06/15/12

STRATS(SM) Trust For Goldman Sachs Ca            8.01,9.01            06/15/12

STRUCTURED OBLIGATIONS CORP LONG TERM   DE       8.01,9.01            06/15/12

STRUCTURED OBLIGATIONS CORP LONG TERM   DE       8.01,9.01            06/15/12

STRUCTURED OBLIGATIONS CORP LONG TERM   DE       8.01,9.01            06/15/12

STRUCTURED OBLIGATIONS CORP SELECT NO   DE       8.01,9.01            06/15/12

STRUCTURED OBLIGATIONS CORP SELECT NO   DE       8.01,9.01            06/15/12

STRUCTURED PRODUCTS CORP CORTS TRUST    DE       8.01,9.01            06/19/12

SUN HEALTHCARE GROUP INC                DE       5.07                 06/20/12

SUNOCO INC                              PA       8.01,9.01            06/22/12

SUSQUEHANNA BANCSHARES INC              PA       5.02,9.01            06/19/12

Sweetwater Resources, Inc.              NV       5.02,7.01,9.01       06/20/12

SYNERGY RESOURCES CORP                  CO       8.01,9.01            06/22/12

TCF FINANCIAL CORP                      DE       3.03,5.03,8.01       06/18/12

TGC INDUSTRIES INC                      TX       2.02,7.01,9.01       06/22/12

Timberline Resources Corp               DE       7.01,9.01            06/21/12

Titan Iron Ore Corp.                    NV       1.01,3.02,5.02,9.01  06/21/12

TOMPKINS FINANCIAL CORP                 NY       8.01                 06/18/12

TREX CO INC                             DE       5.02                 06/21/12

TRI VALLEY CORP                         DE       5.02                 06/22/12

TrueBlue, Inc.                          WA       5.02                 06/22/12

Two Harbors Investment Corp.                     7.01,9.01            06/22/12

UNIONBANCAL CORP                        DE       2.03,8.01,9.01       06/18/12

UNITED BANCSHARES INC/OH                OH       5.02,9.01            06/19/12    AMEND

UNITED MINES INC                        AZ       5.02                 06/12/12

UNIVERSAL INSURANCE HOLDINGS, INC.      DE       8.01,9.01            06/22/12

UNIVERSAL INSURANCE HOLDINGS, INC.      DE       1.01,9.01            06/22/12

URANIUM RESOURCES INC /DE/              DE       8.01                 06/22/12

US ENERGY CORP                          WY       7.01,9.01            06/22/12

VAPOR CORP.                             NV       1.01,2.03,3.02,9.01  06/19/12

Viggle Inc.                             DE       5.02,8.01            06/18/12

VIPER POWERSPORTS INC                   NV       4.01,9.01            06/21/12

VIROPHARMA INC                          DE       5.02                 06/20/12

VIST FINANCIAL CORP                     PA       8.01                 06/18/12

VW CREDIT LEASING LTD                            8.01,9.01            06/21/12

W&T OFFSHORE INC                        TX       5.02,9.01            06/19/12

WASHINGTON REAL ESTATE INVESTMENT TRU   MD       1.01,9.01            06/22/12

WASTE MANAGEMENT INC                    DE       5.02                 06/22/12

WebMD Health Corp.                      DE       7.01                 06/20/12

Wells Timberland REIT, Inc.             MD       8.01                 06/20/12

WESTERN LIBERTY BANCORP                 DE       5.07,8.01            06/20/12

Western Refining, Inc.                  DE       7.01,9.01            06/22/12

WFRBS Commercial Mortgage Trust 2012-   NC       8.01,9.01            06/22/12

XCEL ENERGY INC                         MN       5.02,9.01            06/20/12

ZHONE TECHNOLOGIES INC                  DE       3.01                 06/21/12

ZOLTEK COMPANIES INC                    DE       1.01,9.01            06/15/12

 

http://www.sec.gov/news/digest/2012/dig062512.htm


Modified: 06/25/2012