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

SEC News Digest

Issue 2013-11
January 16, 2013

Commission Announcements

Securities and Exchange Commission Suspends Trading in the Securities of Five Issuers For Failure to Make Required Periodic Filings

The U.S. Securities and Exchange Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EST on January 16, 2013 and terminating at 11:59 p.m. EST on January 30, 2013.

  • Eco Global Corpration (ECOG)
  • Execute Sports, Inc. (EXCS)
  • FacePrint Global Solutions, Inc. (FPRN)
  • FinancialContent, Inc. (FCON)
  • Firstgold Corp. (FGOCQ)

The Commission temporarily suspended trading in the securities of these five issuers due to a lack of current and accurate information about the companies because they have not filed periodic reports with the Commission in over 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 these companies.

Brokers and dealers should be alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspensions, no quotation may be entered relating to the securities of the subject companies 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 these companies 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. 34-68663)

Commission Meetings

Decimalization Roundtable Discussion, Tuesday, February 5, 2013, 10:00 a.m.

Securities and Exchange Commission will hold a decimalization roundtable discussion on Tuesday, February 5, 2013, in the Auditorium, Room L-002. The meeting will begin at 10:00 a.m. and will be open to the public. Seating will be on a first-come, first served basis. Doors will be open at 9:30 a.m. Visitors will be subject to security checks. The roundtable will be webcast on the Commission’s website at www.sec.gov and will be archived for later viewing.

On December 28, 2012, the Commission published notice of the roundtable discussion (Release No. 34-68510), indicating that the event is open to the public and inviting the public to submit written comments to the Commission staff. This Sunshine Act notice is being issued because a majority of the Commission may attend the roundtable discussion.

The agenda for the roundtable includes opening remarks followed by three panel discussions. The participants in the first panel will address the impact of tick sizes on small and middle capitalization companies, the economic consequences (including the costs and benefits) of increasing or decreasing minimum tick sizes, and whether other policy alternatives might better address the concerns animating Section 106(b) of the JOBS Act. The participants in the second panel will address the impact of tick sizes on the securities market in general, including what benefits may have been achieved, and what, if any, negative effects have resulted. The participants in the third panel will address potential methods for analysis of the issues, including whether and how to conduct a pilot for alternative minimum tick sizes.

For further information, please contact the Office of the Secretary at (202) 551-5400.

Enforcement Proceedings

Commission Orders Hearings on Registration Suspension or Revocation Against Five Companies for Failure to Make Required Periodic Filings

In conjunction with this trading suspension, the Commission today also instituted public administrative proceedings to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of five companies for failure to make required periodic filings with the Commission:

  • Eco Global Corpration (ECOG)
  • Execute Sports, Inc. (EXCS)
  • FacePrint Global Solutions, Inc. (FPRN)
  • FinancialContent, Inc. (FCON)
  • Firstgold Corp. (FGOCQ)

In this Order, the Division of Enforcement (Division) alleges that the five 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 each class of the securities of these Respondents should be revoked or 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. (Rel. 34-68664; File No. 3-15176)

In the Matter of MiddleCove Capital, LLC and Noah L. Myers

The United States Securities and Exchange Commission (Commission) announced the issuance of an Order Making Findings and Imposing Remedial Sanctions and Cease-and-Desist Order Pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934, Sections 203(e), 203(f), and 203(k) of the Investment Advisers Act of 1940, and Section 9(b) of the Investment Company Act of 1940 (Order) against MiddleCove Capital, LLC (MiddleCove), an investment adviser registered with the Commission, and Noah L. Myers (Myers), the principal of MiddleCove.

The Order finds that from approximately October 2008 to February 2011, Myers engaged in fraudulent trade allocation – “cherry-picking” – at MiddleCove. Myers executed his cherry-picking scheme by unfairly allocating trades that had appreciated in value during the course of the day to his personal and business accounts and allocating trades that had depreciated in value during the day to the accounts of his advisory clients. Myers did this by purchasing securities in an omnibus account and delaying allocation of the purchases until later in the day (and sometimes the next day), after he saw whether the securities appreciated in value. When a security appreciated in value on the day of purchase, Myers would often sell the security and disproportionately allocate the purchase and the realized day-trading profit to his own accounts or accounts benefiting himself or his family members. In contrast, for securities that did not appreciate on the day of purchase, Myers would disproportionately allocate these purchases to his clients’ accounts and his clients would hold the position for more than one day.

The Order finds that Myers and MiddleCove willfully violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Sections 206(1), 206(2) and 207 of the Investment Advisers Act of 1940 and orders them to cease and desist from committing or causing any violations or future violations of these provisions. Myers and MiddleCove are also ordered to pay, jointly and severally, disgorgement in the amount of $462,022, prejudgment interest of $26,096 and a civil penalty of $300,000. Further, the Order revokes the registration of MiddleCove as an investment adviser and bars Myers from the securities industry. (Rel. 34-68669; IA-3534; IC-30351; File No. 3-14993)

In the Matter of Mark A. Gelazela and Steven E. Woods

The United States Securities and Exchange Commission (Commission) announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Notice of Hearing (Order) against Mark A. Gelazela (Gelazela) and Steven E. Woods (Woods).

In the Order, the Division of Enforcement alleges that, on December 18, 2012, a final judgment was entered against Gelazela and Woods, permanently enjoining them from future violations of Sections 5 and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Francis E. Wilde, et al., Civil Action Number SA CV11-00315 (C.D. Cal.).

A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide Gelazela and Woods with an opportunity to respond to these allegations, and to determine what sanctions, if any, are appropriate in the public interest. The Order directs the administrative law judge to issue an initial decision no later than 210 days from the date of service of the Order on the respondents. (Rel. 34-68670; File No. 3-15177)

SEC Suspends Attorney Larry Lee Adair

The United States Securities and Exchange Commission announced today that it has issued an Order Instituting Public Administrative Proceedings and Imposing Temporary Suspension Pursuant to Rule 102(e)(3)(i)(A) of the Commission’s Rules of Practice that suspends attorney Larry Lee Adair from appearing or practicing before the Commission. The Commission’s Order was based on a final judgment against Adair issued by the United States District Court for the Western District of Washington in SEC v. Merendon Mining (Nevada) Inc., et al., Case No. 2:10-cv-00955-RAJ, which permanently enjoins him from future violations of federal securities laws. The injunction stemmed from Adair’s role in a multi-national, $300 million Ponzi scheme that involved more than 3,000 U.S. and Canadian investors.

Adair has 30 days to petition the Commission to lift the temporary suspension. If he does not make a timely petition, the suspension will become permanent pursuant to Rule 102(e)(3)(ii). (Rel. 34-68673; File No. 3-15178)

INVESTMENT COMPANY ACT RELEASES

Franklin Advisers, Inc., et al.

An order has been issued on an application filed by Franklin Advisers, Inc., et al. The order permits: (a) actively-managed series of certain open-end management investment companies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares. (Rel. IC-30350 - January 15)

SELF-REGULATORY ORGANIZATIONS

Notice of Filing of Amendment No. 3 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified By Amendment Nos. 1 and 3

The Commission issued notice of filing of Amendment No. 3 and granted accelerated approval of a proposed rule change, as modified by Amendment Nos. 1 and 3 thereto (SR-NYSEMKT-2012-48), submitted by NYSE MKT LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Securities Exchange Act Rule 10C-1 and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68637)

Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified By Amendment No. 2

The Commission issued notice of filing of Amendment No. 2 and granted accelerated approval of a proposed rule change, as modified by Amendment No. 2 thereto (SR-NYSEArca-2012-105), submitted by NYSE Arca, Inc. pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Securities Exchange Act Rule 10C-1 and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68638)

Notice of Filing of Amendment No. 3 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified By Amendment Nos. 1 and 3

The Commission issued notice of filing of Amendment No. 3 and granted accelerated approval of a proposed rule change, as modified by Amendment Nos. 1 and 3 thereto (SR-NYSE-2012-49), submitted by New York Stock Exchange LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Securities Exchange Act Rule 10C-1 and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68639)

Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified By Amendment Nos. 1 and 2

The Commission issued notice of filing of Amendment Nos. 1 and 2 and granted accelerated approval of a proposed rule change, as modified by Amendment No. 1 and 2 thereto (SR-NASDAQ-2012-109), submitted by The NASDAQ Stock Market LLC pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Rule 10C-1 under the Act and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68640)

Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified By Amendment No. 1

The Commission issued notice of filing of Amendment No. 1 and granted accelerated approval of a proposed rule change, as modified by Amendment No. 1 thereto (SR-BX-2012-063), submitted by NASDAQ OMX BX, Inc. pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Rule 10C-1 under the Act and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68641)

Approval of Proposed Rule Change

The Commission granted approval of a proposed rule change, (SR-CBOE-2012-094), submitted by Chicago Board of Options Exchange, Inc. pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4 thereunder, to amend the listing rules for compensation committees to comply with Securities Exchange Act Rule 10C-1 and make other related changes. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68642)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by the Financial Industry Regulatory Authority, Inc. to update cross-references and make other non-substantive changes within FINRA rules and by-laws 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 January 14. (Rel. 34-68650)

A proposed rule change filed by New York Stock Exchange LLC extending the operation of its new market model pilot until the earlier of Securities and Exchange Commission approval to make such pilot permanent or July 31, 2013 (SR-NYSE-2012-75) 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 January 14. (Rel. 34-68658)

A proposed rule change filed by New York Stock Exchange LLC extending the operation of its supplemental liquidity providers pilot (Rule 107B) until the earlier of the Securities and Exchange Commission’s approval to make such pilot permanent or July 31, 2013 (SR-NYSE-2012-76) 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 January 14. (Rel. 34-68560)

A proposed rule change filed by The NASDAQ Stock Market LLC to modify an optional Historical Research and Administrative Report fee and related NASDAQ Rule 7022 revisions (SR-NASDAQ-2013-009) 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 January 14. (Rel. 34-68636)

A proposed rule change (SR-MIAX-2012-05) filed by Miami International Securities Exchange LLC to amend the MIAX Options Fee Schedule has become effective under Section 19(b)(3)(A) of the Securities Exchange Act. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68645)

A proposed rule change filed by Chicago Stock Exchange, Inc., as modified by Amendment Nos. 1 and 2 thereto, amending its price with respect to regulatory fees related to the continuing education regulatory element, certain examinations and Central Registration Depository, which are collected by the Financial Industry Regulatory Authority, Inc. (SR-CHX-2013-01) 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 January 14. (Rel. 34-68647)

A proposed rule change filed by The NASDAQ Stock Market LLC to extend the operative date of recent changes made to rules 4613(a)(2)(F) and (G), and rule 4751(f)(15) (SR-NASDAQ-2013-007) 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 January 14. (Rel. 34-68654)

The Commission issued notice of filing and immediate effectiveness of a proposed rule change (SR-CBOE-2013-001) filed by Chicago Board Options Exchange, Incorporated pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to list and trade option contracts overlying 10 shares of certain securities. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68656)

A proposed rule change filed by Chicago Stock Exchange, Inc. (SR-CHX-2012-19) to alter the fee schedule relating to port charges 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 January 14. (Rel. 34-68657)

A proposed rule change filed by BATS Exchange, Inc. relating to fees for use of BATS Exchange, Inc. (SR-BATS-2013-002) 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 January 14. (Rel. 34-68659)

Notice of Filing of Proposed Amendment to the Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information

The Options Price Reporting Authority filed with the Securities and Exchange Commission a notice of filing of a proposed amendment pursuant to Section 11A of the Securities Exchange Act of 1934 and Rule 608 thereunder (SR-OPRA-2012-07) to amend Section 3.5 of the OPRA Plan. Publication is expected in the Federal Register during the week of January 14. (Rel. 34-68655)

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-3     Bonanza Creek Energy, Inc., 410 17TH STREET, SUITE 1500, DENVER, CO, 
        80202, 720-440-6100 - 0 ($1,000,000,000.00) Other, (File 333-186019 - 
        Jan. 15) (BR. 04A)

S-8     NEWLINK GENETICS CORP, 2503 SOUTH LOOP DRIVE, SUITE 5100, AMES, IA, 
        50010, 515-296-5555 - 838,375 ($9,850,906.25) Equity, 
        (File 333-186020 - Jan. 15) (BR. 01B)

S-3     MAGNEGAS CORP, 150 RAINVILLE ROAD, TARPON SPRINGS, FL, 34689, 
        (727) 932-9593 - 0 ($8,495,000.00) Equity, (File 333-186027 - Jan. 15) 
        (BR. 10B)

S-3     IRELAND INC., 2441 WEST HORIZON RIDGE PARKWAY, SUITE 100, HENDERSON, 
        NV, 89052, 702-932-0353 - 17,793,802 ($13,345,351.50) Equity, 
        (File 333-186039 - Jan. 15) (BR. 09A)

S-1     PLUG POWER INC, 968 ALBANY-SHAKER ROAD, LATHAM, NY, 12110, 5187827700 - 
        0 ($20,000,000.00) Equity, (File 333-186041 - Jan. 15) (BR. 10B)

S-1     FIVE BELOW, INC, 1818 MARKET STREET, SUITE 1900, PHILADELPHIA, PA, 
        19103, 215 546 7909 - 8,050,000 ($253,414,000.00) Equity, 
        (File 333-186043 - Jan. 15) (BR. 02A)

N-2     Blackstone Alternative Alpha Fund II, 345 PARK AVENUE, 16TH FLOOR, 
        NEW YORK, NY, 10154, 212-583-5000 - 0 ($250,000,000.00) Other, 
        (File 333-186044 - Jan. 15) (BR. 17)

N-2     DoubleLine Income Solutions Fund, C/O DOUBLELINE CAPITAL LP, 
        333 SOUTH GRAND AVENUE, SUITE 800, LOS ANGELES, CA, 90071, 
        213-633-8200 - 40,000 ($1,000,000.00) Equity, (File 333-186045 - 
        Jan. 15) (BR. 17)

S-3ASR  ONYX PHARMACEUTICALS INC, 249 E. GRAND AVE., SOUTH SAN FRANCISCO, CA, 
        94080, 650-266-0000 - 0 ($0.00) Unallocated (Universal) Shelf, 
        (File 333-186046 - Jan. 15) (BR. 01B)

S-3     EZCORP INC, 1901 CAPITAL PKWY, AUSTIN, TX, 78746, 5123143400 - 
        1,400,098 ($28,267,978.62) Equity, (File 333-186047 - Jan. 15) (BR. 02C)

S-3     PERNIX THERAPEUTICS HOLDINGS, INC., 33219 FOREST WEST STREET, MAGNOLIA, 
        TX, 77354, (832) 934-1825 - 5,078,126 ($39,863,289.10) Equity, 
        (File 333-186048 - Jan. 15) (BR. 01B)

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

-----------------------------------------------------------------------------------------

ABRAXAS PETROLEUM CORP                  NV       7.01,9.01            01/15/13

ACORN ENERGY, INC.                      DE       5.02                 01/14/13

ACTIVECARE, INC.                        DE       2.01,9.01            11/16/12    AMEND

Advanced Cloud Storage, Inc.            NV       9.01                 01/15/13    AMEND

AdvanSource Biomaterials Corp           DE       4.01,9.01            01/15/13

ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            01/15/13

AMANASU TECHNO HOLDINGS CORP            NV       4.02                 06/30/11

AMANASU TECHNO HOLDINGS CORP            NV       4.02                 03/31/11

AMERCO /NV/                             NV       8.01,9.01            01/15/13

AMERICAN EXPRESS CO                     NY       7.01                 01/15/13

AMERICAN GRAPHITE TECHNOLOGIES INC.     NV       4.01,9.01            01/10/13

AMERICAN PACIFIC CORP                   DE       1.01,8.01,9.01       01/14/13

American Realty Capital Properties, I   MD       7.01,8.01,9.01       01/14/13

American Realty Capital Trust III, In   MD       7.01,8.01,9.01       01/14/13

AMERICAN RIVER BANKSHARES               CA       7.01,9.01            01/14/13

American Sands Energy Corp.             DE       5.02,9.01            01/14/13

AMERICAN SPECTRUM REALTY INC            MD       8.01,9.01            01/15/13

American Water Works Company, Inc.      DE       5.02                 01/14/13

Andina Acquisition Corp                 E9       5.02                 01/09/13

ARABIAN AMERICAN DEVELOPMENT CO         DE       1.01                 01/11/13

Armour Residential REIT, Inc.           MD       7.01,9.01            01/15/13

ATMOS ENERGY CORP                       TX       1.01,9.01            01/11/13

Auto Home Lock, Inc.                    NV       5.03,9.01            12/10/12

Avalon Holding Group, Inc.              NV       5.02                 01/14/13

Be Active Holdings, Inc.                DE       2.01,3.02,5.01,5.02, 01/09/13
                                                 5.06,5.07,9.01

BELK INC                                         7.01,9.01            01/15/13

BERKSHIRE HATHAWAY INC                  DE       8.01,9.01            01/15/13

BIG 5 SPORTING GOODS CORP               DE       2.02,9.01            01/14/13

BILL BARRETT CORP                       DE       5.02                 01/14/13

BioDrain Medical, Inc.                  MN       1.01,2.03,3.02,9.01  01/15/13

BROADWIND ENERGY, INC.                  DE       5.02,9.01            01/14/13

BROCADE COMMUNICATIONS SYSTEMS INC      DE       5.02,9.01            01/14/13

CABELAS INC                             DE       7.01,9.01            01/15/13

CALLISTO PHARMACEUTICALS INC            DE       5.07,9.01            01/14/13

CAM Group, Inc.                         NV       1.01,9.01            01/15/13

CAPITAL ONE FINANCIAL CORP              DE       7.01,9.01            01/15/13

Carlyle Group L.P.                      DE       8.01,9.01            01/15/13

CASEYS GENERAL STORES INC               IA       7.01                 01/15/13

CHANCELLOR GROUP INC.                   NV       1.01                 01/11/13

China Botanic Pharmaceutical                     3.01,9.01            01/15/13

CHINA EDUCATION ALLIANCE INC.           NC       4.01,9.01            01/14/13

CHRISTOPHER & BANKS CORP                DE       7.01,9.01            01/15/13

CHYRON CORP                             NY       5.02,9.01            01/09/13

CLOUD PEAK ENERGY INC.                  DE       7.01,8.01,9.01       01/15/13

CODORUS VALLEY BANCORP INC              PA       2.02,9.01            01/14/13

Cole Credit Property Trust Inc          MD       7.01,8.01,9.01       01/10/13

Colony Financial, Inc.                  MD       1.01,9.01            01/11/13

COMMERCE BANCSHARES INC /MO/            MO       2.02,9.01            01/15/13

CONSOL Energy Inc                       DE       1.04                 01/09/13

CORPORATE OFFICE PROPERTIES TRUST       MD       2.02,7.01,9.01       01/15/13

Cortronix Biomedical Advancement Tech            4.01,9.01            01/10/13

COTTON BAY HOLDINGS, INC.                        1.01,5.03,8.01,9.01  01/14/13

Crocs, Inc.                                      2.02,7.01,9.01       01/15/13

CROSS A T CO                            RI       2.02,9.01            01/14/13

DANA HOLDING CORP                       DE       7.01,9.01            01/15/13

DENBURY RESOURCES INC                   DE       1.01,7.01,9.01       01/14/13

Diamond Foods Inc                       DE       5.07                 01/14/13

Digital Generation, Inc.                DE       1.01,8.01,9.01       01/10/13

Digital Realty Trust, Inc.                       8.01                 01/15/13

Digital Realty Trust, Inc.                       8.01                 01/15/13

DIGITAL RIVER INC /DE                   DE       2.01,9.01            01/10/13    AMEND

DIRECTV                                 DE       1.01,2.03,9.01       01/10/13

DOT HILL SYSTEMS CORP                   DE       8.01,9.01            01/15/13

DS HEALTHCARE GROUP, INC.               FL       2.01,3.02,9.01       11/01/12

DUKE REALTY CORP                        IN       1.01,3.02,8.01,9.01  01/10/13

EAGLE ROCK ENERGY PARTNERS L P          DE       7.01                 01/15/13

Eaton Corp plc                                   9.01                 11/30/12    AMEND

Echo Global Logistics, Inc.             DE       8.01                 01/15/13

Education Realty Trust, Inc.            MD       1.01,2.03,9.01       01/15/13

EGAIN Corp                              DE       2.02,9.01            01/15/13

EGPI FIRECREEK, INC.                    NV       5.02                 11/15/12

EGPI FIRECREEK, INC.                    NV       5.02                 11/15/12

Elite Energies, Inc.                    DE       5.07                 12/20/12

EMTEC INC/NJ                            UT       1.01,9.01            01/14/13

EMULEX CORP /DE/                        DE       1.01,8.01,9.01       01/14/13

ENCORE CAPITAL GROUP INC                DE       5.02,9.01            01/09/13

ENDEAVOUR INTERNATIONAL CORP            NV       1.01,1.02,2.03,3.02, 01/09/13
                                                 9.01
          
ENDEAVOUR INTERNATIONAL CORP            NV       3.03,5.03,9.01       01/14/13

EnergySolutions, Inc.                   DE       8.01,9.01            01/14/13

EnergySolutions, Inc.                   DE       5.02,9.01            01/09/13

ENTERPRISE BANCORP INC /MA/             MA       8.01,9.01            01/15/13

EQUITY ONE, INC.                                 5.02                 01/13/13

EQUITY RESIDENTIAL                      MD       1.01,2.03,7.01,9.01  01/11/13

ETERNITY HEALTHCARE INC.                NV       5.02                 01/15/13

EXA CORP                                MA       7.01,9.01            01/15/13

EXPRESS, INC.                                    7.01,9.01            01/14/13

FBC Holding, Inc.                                4.01,9.01            01/10/13

FEDERAL AGRICULTURAL MORTGAGE CORP               3.02,7.01,9.01       01/14/13

Federal Home Loan Bank of Atlanta       X1       2.03                 01/09/13

Federal Home Loan Bank of Boston        X1       2.03                 01/09/13

Federal Home Loan Bank of Chicago       X1       2.03                 01/09/13

Federal Home Loan Bank of Cincinnati    X1       2.03,9.01            01/10/13

Federal Home Loan Bank of Des Moines    X1       2.03,9.01            01/11/13

Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            01/15/13

Federal Home Loan Bank of New York      X1       2.03,9.01            01/09/13

Federal Home Loan Bank of Pittsburgh    PA       2.03,9.01            01/09/13

Federal Home Loan Bank of San Francis   X1       2.03                 01/10/13

Federal Home Loan Bank of Seattle                2.03                 01/10/13

Federal Home Loan Bank of Topeka                 2.03,9.01            01/09/13

Fifth & Pacific Companies, Inc.         DE       5.02                 01/11/13

Fifth Street Finance Corp               DE       8.01,9.01            01/14/13

First Federal of Northern Michigan Ba            5.02,9.01            01/15/13

First Titan Corp.                       FL       4.01,5.02,9.01       12/27/12

FIVE BELOW, INC                         PA       2.02,8.01,9.01       01/15/13

FOREST LABORATORIES INC                 DE       2.02,9.01            01/14/13

FREDERICK COUNTY BANCORP INC            MD       2.02,7.01,9.01       01/14/13

FULTON FINANCIAL CORP                   PA       2.02,9.01            01/15/13

FXCM Inc.                                        7.01,9.01            01/15/13

General Motors Co                                7.01,9.01            01/15/13

GENESCO INC                             TN       7.01                 01/15/13

Genie Energy Ltd.                       DE       7.01,9.01            01/15/13

George Foreman Enterprises Inc          DE       4.01,5.02,9.01       01/08/13

GILMAN CIOCIA, INC.                     DE       5.07                 01/10/13

Global Security Agency Inc.             NV       3.02                 01/14/13

GLOBUS MEDICAL INC                      DE       2.02,9.01            01/15/13

GlyEco, Inc.                            NV       9.01                 10/29/12    AMEND

Gordmans Stores, Inc.                   DE       5.02                 01/13/13

GRANT PARK FUTURES FUND LIMITED PARTN   IL       7.01,9.01            01/11/13

GREAT CHINA MANIA HOLDINGS, INC.        FL       5.02                 01/14/13

Green Automotive Co                              1.01,2.01,3.02,5.01, 12/14/12    AMEND
                                                 5.02,5.03,5.06,9.01 
       
GREENBRIER COMPANIES INC                OR       5.02,5.03,5.07,8.01, 01/09/13
                                                 9.01
         
GS Valet, Inc.                          NV       4.01,9.01            01/10/13    AMEND

GSI GROUP INC                           A3       7.01,9.01            01/15/13

GSI GROUP INC                           A3       1.01,2.01,7.01,9.01  01/15/13

HALCON RESOURCES CORP                   DE       1.01,2.03,9.01       01/09/13

HARTE HANKS INC                         DE       5.02                 01/14/13

HAWAIIAN ELECTRIC INDUSTRIES INC        HI       8.01                 01/14/13

HEALTH ENHANCEMENT PRODUCTS INC         NV       8.01,9.01            01/14/13

HELEN OF TROY LTD                                2.02,9.01            01/09/13

HERTZ CORP                              DE       7.01,9.01            01/14/13

HERTZ GLOBAL HOLDINGS INC                        7.01,9.01            01/14/13

HII Technologies, Inc.                           2.02,7.01,9.01       01/15/13

Hilltop Holdings Inc.                   MD       5.02                 11/29/12    AMEND

HOLLYWOOD ENTERTAINMENT EDU HOLDING,    DE       5.02                 01/15/13

HOME LOAN SERVICING SOLUTIONS, LTD.     E9       8.01                 01/15/13

IDERA PHARMACEUTICALS, INC.             DE       8.01                 01/15/13

Idle Media, Inc.                        NV       4.02                 01/03/13

Ignite Restaurant Group, Inc.                    2.02,9.01            01/14/13

IMH Financial Corp                      DE       5.03,9.01            01/14/13

Imperial Holdings, Inc.                          2.02,9.01            01/15/13

INLAND REAL ESTATE CORP                 MD       8.01,9.01            01/14/13

INTEGRATED DEVICE TECHNOLOGY INC        DE       5.02                 01/14/13

Interactive Brokers Group, Inc.         DE       2.02,8.01,9.01       01/15/13

INTERFACE INC                           GA       5.02                 01/15/13

IRONWOOD PHARMACEUTICALS INC            DE       2.02,9.01            01/15/13

IsoRay, Inc.                            MN       1.01,9.01            01/09/13

JOE'S JEANS INC.                        DE       2.02,8.01,9.01       01/15/13

JONES FINANCIAL COMPANIES LLLP          MO       3.02                 11/01/12

JPMORGAN CHASE & CO                     DE       8.01                 01/14/13

JPMorgan Chase Bank, National Associa   X1       8.01,9.01            01/15/13

KALOBIOS PHARMACEUTICALS INC            DE       3.03,5.03,5.07,9.01  01/11/13

KAMAN CORP                              CT       7.01,9.01            01/15/13

Kodiak Oil & Gas Corp                   B0       1.01,2.03,8.01,9.01  01/10/13

KRISPY KREME DOUGHNUTS INC              NC       1.01,3.03,9.01       01/14/13

L & L ENERGY, INC.                      NV       3.02                 01/15/13

LAKELAND INDUSTRIES INC                 DE       1.01,9.01            01/11/13

LAKES ENTERTAINMENT INC                 MN       7.01,9.01            01/11/13

Laredo Petroleum Holdings, Inc.         DE       7.01,9.01            01/14/13

LAZARE KAPLAN INTERNATIONAL INC         DE       2.02,8.01            01/15/13

LEAR CORP                               DE       7.01,9.01            01/14/13

LEGACY TECHNOLOGY HOLDINGS, INC.        CO       5.02                 01/10/13

LENNAR CORP /NEW/                       DE       2.02                 01/15/13

Liberty Global, Inc.                    DE       7.01                 01/14/13

LIFELOCK, INC.                          DE       1.01,2.03,9.01       01/09/13

Lightman Grant, Inc.                    DE       4.01,9.01            12/17/12    AMEND

LIME ENERGY CO.                         DE       3.01,9.01            01/09/13

LKA INTERNATIONAL INC /DE/              DE       5.03,9.01            01/14/13

Location Based Technologies, Inc.       NV       4.01,4.02,9.01       01/14/13

LYRIS, INC.                                      5.02                 01/15/13

Maidenform Brands, Inc.                 DE       5.02,9.01            01/15/13

Manhattan Bancorp                       CA       5.02                 01/09/13

MBIA INC                                CT       8.01                 01/15/13

McEwen Mining Inc.                      CO       7.01,9.01            01/15/13

Medytox Solutions, Inc.                 NV       5.02                 12/31/12

MERCANTILE BANK CORP                    MI       2.02,9.01            01/15/13

MICHAEL BAKER CORP                      PA       5.02                 01/09/13

MOHEGAN TRIBAL GAMING AUTHORITY                  2.02,9.01            01/15/13

MOHEGAN TRIBAL GAMING AUTHORITY                  2.02,9.01            01/15/13

MOLLER INTERNATIONAL INC                CA       1.01                 01/15/13

MOMENTIVE SPECIALTY CHEMICALS INC.      NJ       7.01                 01/14/13

NATIONAL HEALTH INVESTORS INC           MD       8.01                 01/15/13

NATIONAL TAX CREDIT INVESTORS II        CA       5.02                 01/11/13

NATIONAL TAX CREDIT PARTNERS L P        CA       5.02                 01/11/13

NATURAL HEALTH TRENDS CORP              DE       2.02,9.01            01/15/13

NB&T FINANCIAL GROUP INC                OH       2.02,7.01,9.01       01/15/13

NET TALK.COM, INC.                      FL       2.03,9.01            01/11/13

NEWS CORP                                        8.01,9.01            01/15/13

NEWS CORP                                        8.01,9.01            01/14/13

NTN BUZZTIME INC                        DE       5.02                 01/11/13

NuStar Energy L.P.                      DE       7.01,9.01            01/15/13

NuStar GP Holdings, LLC                 DE       7.01,9.01            01/15/13

OPENTABLE INC                           DE       5.02                 01/09/13

Opexa Therapeutics, Inc.                TX       8.01,9.01            01/15/13

ORANCO INC                              NV       5.02                 10/18/12

Orgenesis Inc.                          NV       8.01                 12/27/12

OXIGENE INC                             DE       2.02,8.01            01/15/13

Pacific Ethanol, Inc.                   DE       1.01,3.02,9.01       01/11/13

Pacira Pharmaceuticals, Inc.            DE       8.01,9.01            01/15/13

Pacira Pharmaceuticals, Inc.            DE       2.02,7.01,9.01       01/15/13

PACKAGING CORP OF AMERICA                        7.01,9.01            01/14/13

Pathfinder Cell Therapy, Inc.           DE       2.03,3.02            01/15/13

PEDEVCO CORP                            TX       4.01,9.01            01/15/13

PEERLESS SYSTEMS CORP                   DE       5.02,9.01            01/14/13

PETMED EXPRESS INC                      FL       8.01,9.01            01/15/13

PharMerica CORP                         DE       5.02,8.01,9.01       01/14/13

PLURISTEM THERAPEUTICS INC              NV       8.01                 01/15/13

QLOGIC CORP                             DE       2.02,9.01            01/15/13

QUICK-MED TECHNOLOGIES INC                       5.02                 01/15/13

REAL ESTATE ASSOCIATES LTD II           CA       5.02                 01/11/13

REAL ESTATE ASSOCIATES LTD III          CA       5.02                 01/11/13

REAL ESTATE ASSOCIATES LTD IV           CA       5.02                 01/11/13

REAL ESTATE ASSOCIATES LTD VI           CA       5.02                 01/11/13

REAL ESTATE ASSOCIATES LTD VII          CA       5.02                 01/11/13

REAL ESTATE ASSOCIATES LTD/CA           CA       5.02                 01/11/13

RED MOUNTAIN RESOURCES, INC.            FL       3.02                 10/19/12    AMEND

REGAL ENTERTAINMENT GROUP               DE       8.01,9.01            01/14/13

Regional Management Corp.               DE       2.02,9.01            01/15/13

RENASANT CORP                           MS       2.02,9.01            01/15/13

RESPECT YOUR UNIVERSE, INC.             NV       5.02                 01/10/13

ROCKWELL AUTOMATION INC                 DE       5.02                 01/11/13

SANTARUS INC                            DE       8.01                 01/14/13

SCORES HOLDING CO INC                   UT       4.01,9.01            01/14/13

SCORES HOLDING CO INC                   UT       4.01,9.01            01/14/13    AMEND

SEACOAST BANKING CORP OF FLORIDA        FL       8.01,9.01            01/10/13

SEYCHELLE ENVIRONMENTAL TECHNOLOGIES    NV       7.01,9.01            01/15/13

Shengkai Innovations, Inc.              FL       3.01                 01/09/13

SHERIDAN GROUP INC                      DE       1.01,9.01            01/15/13

SIERRA MONITOR CORP /CA/                CA       7.01,9.01            01/15/13

SIGNET JEWELERS LTD                              7.01                 01/14/13

Silicon Graphics International Corp     DE       2.02,9.01            01/15/13

SimplePons, Inc.                        DE       8.01                 01/14/13

SolarWinds, Inc.                        DE       5.02                 01/10/13

SPARTECH CORP                           DE       8.01                 01/15/13

STAPLES INC                             DE       8.01,9.01            01/14/13

STEC, INC.                              CA       8.01                 01/14/13

STILLWATER MINING CO /DE/               DE       7.01,9.01            01/15/13

SunOpta Inc.                                     5.02,9.01            01/15/13

Susser Holdings CORP                    DE       2.02                 01/15/13

Susser Petroleum Partners LP            DE       2.02                 01/15/13

SWS GROUP INC                           DE       8.01,9.01            01/14/13

SYNTHESIS ENERGY SYSTEMS INC            DE       7.01,9.01            01/15/13

SYNTHESIS ENERGY SYSTEMS INC            DE       4.01,9.01            01/02/13    AMEND

Tamir Biotechnology, Inc.               DE       5.02                 01/03/13

TEREX CORP                              DE       5.02,8.01,9.01       01/14/13

TJX COMPANIES INC /DE/                  DE       8.01                 01/04/13

TRAVELCENTERS OF AMERICA LLC                     1.01,9.01            01/15/13

Trinity Place Holdings Inc.             DE       5.02                 01/09/13

TRUSTCO BANK CORP N Y                   NY       8.01,9.01            01/14/13

U.S. RARE EARTH MINERALS, INC           NV       1.01,2.01            01/15/13

UNITED COMMUNITY FINANCIAL CORP         OH       1.01,3.02,7.01,9.01  01/11/13

USA Graphite Inc.                       NV       1.01,2.03,3.02,9.01  01/15/13

VAIL RESORTS INC                        DE       7.01,9.01            01/15/13

VECTOR GROUP LTD                        DE       5.02,9.01            01/15/13

Venaxis, Inc.                           CO       8.01,9.01            01/15/13

Vera Bradley, Inc.                               7.01,9.01            01/15/13

VERTICAL COMPUTER SYSTEMS INC           DE       1.01,9.01            01/09/13

Viggle Inc.                             DE       1.02,9.01            01/14/13

VOIS Inc.                               FL       4.01                 12/19/12

VONAGE HOLDINGS CORP                    DE       5.02                 01/15/13

Western Refining, Inc.                  DE       8.01                 01/15/13

 

http://www.sec.gov/news/digest/2013/dig011613.htm


Modified: 01/16/2013