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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2013-14
January 22, 2013

Commission Announcements

En Vincente Martinez Named Chief of SEC’s Office of Market Intelligence

The Securities and Exchange Commission today announced that Vincente L. Martinez has been named Chief of the Enforcement Division’s Office of Market Intelligence, which collects and evaluates thousands of tips, complaints, and referrals that come into the SEC each year.

Mr. Martinez was one of the first assistant directors in the SEC’s Office of Market Intelligence, which was created in 2010 as part of a major restructuring of the Enforcement Division. He left the SEC in 2011 to become the first director of the whistleblower office at the Commodity Futures Trading Commission (CFTC). He will return to the SEC next month to begin his new role.

“Our Office of Market Intelligence employs next-generation technology and data analysis to inform and drive our enforcement effort and priorities in the years to come,” said Robert Khuzami, Director of the SEC’s Enforcement Division. “Vince has the vision and dedication to lead that effort given his talent, commitment, and prior service to the SEC.”

Adam Storch, Managing Executive of the SEC’s Enforcement Division, added, “Vince understands the task at hand and is ready to further leverage the valuable intelligence we get from the public, cultivate our relationships with our regulatory partners, and tackle the increasing sophistication of the schemes victimizing investors.”

Mr. Martinez said, “I am honored and pleased to rejoin the SEC staff and have this opportunity to advance the Office of Market Intelligence’s meaningful contributions to the protection of investors by further developing our ability to proactively identify risks and ferret out misconduct.”

At the CFTC, Mr. Martinez has interacted with whistleblowers and their representatives, developed the CFTC’s policies and procedures for handling whistleblower matters, and worked to raise awareness of the CFTC’s whistleblower program – which was created under the Dodd-Frank Act.

Mr. Martinez previously worked for eight years in the SEC’s Enforcement Division, beginning in 2003 as a staff attorney and later becoming a senior counsel. He served on a task force devoted to pursuing accounting frauds. When he shifted to the Office of Market Intelligence, he played a key role in developing Enforcement Division and SEC-wide policies and procedures for handling tips, complaints, and referrals. He helped cultivate cooperative relationships with other government agencies and self-regulatory organizations. Mr. Martinez received two SEC awards in 2011 (Chairman’s Award for Excellence and Business Operations Award) and an Enforcement Division Director’s Award in 2007.

Prior to joining the SEC staff, Mr. Martinez was a litigator and corporate lawyer in private practice for six years. He is a graduate of Georgetown University and the Boalt Hall School of Law at the University of California at Berkeley.

The Enforcement Division and Mr. Martinez extend their recognition and gratitude for the outstanding contributions of Lori Walsh, who is currently serving as the Acting Chief of the Office of Market Intelligence. Ms. Walsh will continue her leadership role as Deputy Chief of the office, and she will provide an instrumental contribution as the architect of its risk assessment tools and capabilities. (Press Rel. 2013-8)

Enforcement Proceedings

Egan-Jones and Founder Sean Egan Agree to 18-Month Bars from Rating Asset-Backed and Government Securities Issuers as NRSRO

The Securities and Exchange Commission today announced that Egan-Jones Ratings Company (EJR) and its president Sean Egan have agreed to settle charges that they made willful and material misstatements and omissions when registering with the SEC to become a Nationally Recognized Statistical Rating Organization (NRSRO) for asset-backed securities and government securities.

EJR and Egan consented to an SEC order that found EJR falsely stated in its registration application that the firm had been rating issuers of asset-backed and government securities since 1995 – when in truth the firm had not issued such ratings prior to filing its application.  The SEC’s order also found that EJR violated conflict-of-interest provisions, and that Egan caused EJR’s violations.

EJR and Egan made a settlement offer that the Commission determined to accept.  Under the settlement, EJR and Egan agreed to be barred for at least 18 months from rating asset-backed and government securities issuers as an NRSRO.  EJR and Egan also agreed to correct the deficiencies found by SEC examiners in 2012, and submit a report – signed by Egan under penalty of perjury – detailing steps the firm has taken.

“Accuracy and transparency in the registration process are essential to the Commission’s oversight of credit rating agencies,” said Robert Khuzami, Director of the SEC’s Division of Enforcement.  “EJR and Egan’s misrepresentation of the firm’s actual experience rating issuers of asset-backed and government securities is a serious violation that undercuts the integrity of the SEC’s NRSRO registration process.”

Antonia Chion, Associate Director of the SEC’s Division of Enforcement, added, “Provisions requiring NRSROs to retain certain records and address conflicts of interest are central to the SEC’s oversight of credit rating agencies.  EJR’s violations of these provisions were significant and recurring.”

Egan and his firm were charged last year for falsely stating on EJR’s July 2008 application to the SEC that it had 150 outstanding asset-backed securities (ABS) issuer ratings and 50 outstanding government issuer ratings, and had been issuing credit ratings in these categories on a continuous basis since 1995.  Egan signed and certified the application as accurate.  According to the SEC’s order, EJR had not issued any ABS or government issuer ratings that were made available through the Internet or any other readily accessible means.  Therefore, EJR did not meet the requirements for registration as a NRSRO in these classes.  The Commission found that EJR continued to make material misrepresentations about its experience in subsequent annual certifications.  EJR also made other misstatements in submissions to the SEC, and violated recordkeeping and conflict-of-interest provisions governing NRSROs – which are intended to safeguard the integrity of credit ratings.

EJR and Egan agreed to certain undertakings in the SEC’s order, including that they must conduct a comprehensive self-review and implement policies, procedures, practices, and internal controls that correct issues identified in the SEC’s order and in the 2012 examination of EJR conducted by the SEC’s Office of Credit Ratings.  EJR and Egan consented to the entry of the order without admitting or denying the findings.  The order requires them to cease and desist from committing or causing future violations.

The SEC’s investigation was conducted by Stacy Bogert, Pamela Nolan, Alec Koch, and Yuri Zelinsky.  The SEC’s litigation was led by James Kidney with assistance from Alfred Day and Ms. Nolan.  The related examinations of EJR were conducted by staff from the SEC’s Office of Credit Ratings, Office of Compliance Inspections and Examinations, and Division of Trading and Markets.  Examiners included Michele Wilham, Jon Hertzke, Mark Donohue, Kristin Costello, Scott Davey, Alan Dunetz, Nicole Billick, David Nicolardi, Natasha Kaden, and Abe Losice. (Press Rel. 2013-7; Rel. 34-68703; File No. 3-14856)

In the Matter of Sung Kook Hwang

On January 22, 2013, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Sung Kook (Bill) Hwang. The Order finds that Hwang was the sole principal and portfolio manager for Tiger Asia Fund, L.P., and Tiger Asia Overseas Fund, Ltd. (the Funds), both private funds, and the managing member of Tiger Asia Management, LLC (TAM), an investment adviser registered with the Commission.

The Order further finds that on December 14, 2012, a final judgment was entered by consent against Hwang, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), 206(2), and 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, in the civil action entitled SEC v. Tiger Asia Management, LLC, et al., 12 cv 07601 (DMC), in the United States District Court for the District of New Jersey.

The Order finds that the Commission’s Complaint in that action alleged that Hwang engaged in insider trading when TAM entered into wall crossing agreements during December 2008 and January 2009 for three private placements of Chinese bank stocks, subsequently violated the wall crossing agreements by short selling the stocks, and then covered the short positions with private placement shares purchased at a discount. The complaint further alleged that by trading after receiving the material nonpublic information concerning the private placements, Hwang breached a duty owed to the provider of the private placement information, the placement agents representing the sellers of the securities. The complaint also alleged that Hwang violated the Advisers Act by directing trades to be placed in certain Chinese bank stocks at month’s end in November and December 2008 and January and February 2009 in an attempt to manipulate the price of those stocks to increase assets under management, which in turn would increase management fees during those four months.

Based on the above, the Order bars Hwang from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization with the right to apply for reentry after five years. Hwang consented to the issuance of the Order without admitting or denying any of the findings in the Order, except he admitted the entry of the injunction. (Rel. IA-3535; File No. 3-15181)

In the Matter of Raymond Y.H. Park

On January 22, 2013, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (Order) against Raymond Y.H. Park. The Order finds that Park was the head trader for Tiger Asia Fund, L.P., and Tiger Asia Overseas Fund, Ltd., two private funds (the Funds), managed by Tiger Asia Management, LLC (TAM), an investment adviser registered with the Commission. The Order further finds that on December 14, 2012, a final judgment was entered by consent against Park, permanently enjoining him from future violations of Sections 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), 206(2) and 206(4) of the Advisers Act and Rule 206(4)-8 thereunder, in the civil action entitled SEC v. Tiger Asia Management, LLC, et al., 12 cv 07601 (DMC), in the United States District Court for the District of New Jersey.

The Order finds that the Commission’s Complaint in that action alleged that Park engaged in insider trading when TAM entered into wall crossing agreements during December 2008 and January 2009 for three private placements of Chinese bank stocks, subsequently violated the wall crossing agreements by short selling the stocks, and then covered the short positions with private placement shares purchased at a discount. The complaint further alleged that by trading after receiving the material nonpublic information concerning the private placements, Park breached a duty owed to the provider of the private placement information, the placement agents representing the sellers of the securities. The complaint also alleged that Park aided and abetted TAM, Tiger Asia Partners, LLC and Sung Kook Hwang, the portfolio manager of the Funds, in their violations of the Advisers Act. Park, at Hwang’s direction, placed trades in Chinese bank stocks at month’s end in November and December 2008 and January and February 2009 in an attempt to manipulate the price of those stocks to increase assets under management, which in turn would increase management fees during those four months.

Based on the above, the Order bars Park from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization with the right to apply for reentry after three years. Park consented to the issuance of the Order without admitting or denying any of the findings in the Order, except he admitted the entry of the injunction. (Rel. IA-3536; File No. 3-15182)

Kenneth A. Dachman Sentenced to 10 Years in Prison and Ordered to Pay Over $4 Million in Restitution

The Securities and Exchange Commission (SEC) announced that on January 17, 2013, in a criminal action brought by the U.S. Attorney’s Office for the Northern District of Illinois, the Honorable James B. Zagel in the Northern District of Illinois sentenced Kenneth A. Dachman (Dachman) to 120 months in prison on 11 counts of wire fraud and ordered Dachman to pay more than $4 million in restitution to his victims. Judge Zagel also ordered Dachman to be placed on three years of supervised released following his prison sentence. [USA v. Kenneth A. Dachman, Case No. 1:11-CR-00504, USDC, N.D. Ill.].

Dachman was criminally charged for raising more than $4 million from investors for his now-defunct sleep disorder businesses, Central Sleep Diagnostics, LLC and Advanced Sleep Devices, LLC, which were located in the northern suburbs of Chicago. Between June 2008 and September 2010, Dachman fraudulently obtained funds from investors by misrepresenting the use of investor funds, the expected investment returns and risks involved in the investments, his business and academic background and the financial condition of his companies. The government established that Dachman misappropriated more than $2 million of commingled investor funds which he used for the benefit of himself and his family.

In February 2012, the SEC filed a civil injunctive action against Dachman based on the same events. The SEC’s action has been stayed pending the outcome of the criminal case. [SEC v. Kenneth A. Dachman, et al., Case No. 12-CV-00821, USDC, N.D.Ill.] (LR-22597)

SELF-REGULATORY ORGANIZATIONS

Proposed Rule Changes

NASDAQ OMX PHLX LLC filed a proposed rule change (SR-Phlx-2013-03) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 to amend exchange rules 507 and 1014 to establish remote streaming quote trader organizations. Publication is expected in the Federal Register during the week of January 21. (Rel. 34-68689)

The Commission issued notice of a proposed rule change submitted by Financial Industry Regulatory Authority, Inc. (SR-FINRA-2013-002) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to amend FINRA Rule 2267 (Investor Education and Protection). Publication is expected in the Federal Register during the week of January 21. (Rel. 34-68700)

Notice of Filing of an Advance Notice

The Depository Trust Company (DTC) filed an Advance Notice (SR-DTC-2012-810) under Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision Act of 2010 in connection with a proposed change to reduce liquidity risk relating to DTC processing of maturity and income presentments and issuances of money market instruments. Publication is expected in the Federal Register during the week of January 21. (Rel. 34-68690)

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by Chicago Board Options Exchange, Incorporated to amend its rules relating to Preferred Market-Makers’ continuous quoting obligation (SR-CBOE-2013-008) 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 21. (Rel. 34-68691)

A proposed rule change filed by Financial Industry Regulatory Authority, Inc. (SR-FINRA-2013-004) to delay the implementation date of FINRA Rule 5350 (Stop Orders) 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 21. (Rel. 34-68692)

A proposed rule change filed by International Securities Exchange, LLC (SR-ISE-2013-04) to amend the Exchange’s Obvious and Catastrophic Error Rule 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 21. (Rel. 34-68693)

A proposed rule change filed by Chicago Board Options Exchange, Incorporated to amend the Fees Schedule (SR-CBOE-2013-004) 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 21. (Rel. 34-68695)

A proposed rule change filed by Chicago Board Options Exchange, Incorporated relating to the BBO Data Feed for CBOE listed options and a BBO data feed for Flexible Exchange Options (SR-CBOE-2013-005) 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 21. (Rel. 34-68696)

A proposed rule change filed by NASDAQ OMX PHLX relating to routing fees (SR-Phlx-2013-04) 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 21. (Rel. 34-68698)

A proposed rule change filed by Chicago Board Options Exchange, Incorporated to amend the Fees Schedule (SR-CBOE-2013-003) 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 21. (Rel. 34-68699)

A proposed rule change (SR-FINRA-2013-006) filed by Financial Industry Regulatory Authority, Inc. relating to FINRA Rule 4530 (Reporting Requirements) 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 21. (Rel. 34-68701)

A proposed rule change filed by Chicago Board Options Exchange, Incorporated to amend the Fees Schedule (SR-CBOE-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 21. (Rel. 34-68702)

Designation of Longer Period for Commission Action on Proposed Rule Change

The Commission has designated a longer period for Commission action under Section 19(b)(2) of the Securities Exchange Act of 1934 on a proposed rule change (SR-NASDAQ-2012-129) filed by The NASDAQ Stock Market LLC to Establish the Retail Price Improvement Program on a Pilot Basis until 12 Months from the Date of Implementation. Publication is expected in the Federal Register during the week of January 21. (Rel. 34-68694)

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     UMH PROPERTIES, INC., 3499 ROUTE 9 N, SUITE 3-C, 
        JUNIPER BUSINESS PLAZA, FREEHOLD, NJ, 07728, 7325779997 - 
        150,000,000 ($150,000,000.00) Equity, (File 333-186084 - Jan. 18) 
        (BR. 08C)

S-8     BFC FINANCIAL CORP, 401 EAST LAS OLAS BLVD, SUITE 800, FORT LAUDERDALE, 
        FL, 33301, 954-940-4900 - 3,500,000 ($5,705,000.00) Equity, 
        (File 333-186085 - Jan. 18) (BR. 07B)

S-4     Cordia Bancorp Inc, 11730 HULL STREET ROAD, MIDLOTHIAN, VA, 23112, 
        804-763-1301 - 0 ($3,088,193.00) Equity, (File 333-186087 - Jan. 18) 
        (BR. 07)

S-1     DUNE ENERGY INC, TWO SHELL PLAZA, 777 WALKER STREET SUITE 2300, 
        HOUSTON, TX, 77002, 7132296300 - 18,749,997 ($30,468,745.13) Equity, 
        (File 333-186088 - Jan. 18) (BR. 04B)

F-3     Fly Leasing Ltd, WEST PIER, DUN LAOGHAIRE, COUNTY DUBLIN, L2, 00000, 
        353 1 231-1900 - 0 ($500,000,000.00) Unallocated (Universal) Shelf, 
        (File 333-186089 - Jan. 18) (BR. 06B)

S-4     BRE Select Hotels Corp, 345 PARK AVENUE, NEW YORK, NY, 10154, 
        (212) 583-5000 - 0 ($1.00) Equity, (File 333-186090 - Jan. 18) (BR. 08)

S-8     Astex Pharmaceuticals, Inc, 4140 DUBLIN BLVD, SUITE 200, DUBLIN, CA, 
        94568, 9255600100 - 0 ($11,217,500.00) Equity, (File 333-186091 - 
        Jan. 18) (BR. 01B)

S-4     CROWN CASTLE INTERNATIONAL CORP, 1220 AUGUSTA DRIVE, SUITE 500, 
        HOUSTON, TX, 77057, 7135703000 - 0 ($1,650,000,000.00) Debt, 
        (File 333-186092 - Jan. 18) (BR. 11A)

S-3     Zep Inc., 1310 SEABOARD INDUSTRIAL BLVD., ATLANTA, GA, 30318, 
        (404) 352-1680 - 0 ($100,000,000.00) Other, (File 333-186093 - Jan. 18) 
        (BR. 06C)

S-4     Fifth & Pacific Companies, Inc., 1441 BROADWAY, NEW YORK, NY, 10018, 
        2123544900 - 0 ($372,000,000.00) Other, (File 333-186094 - Jan. 18) 
        (BR. 09B)

N-2     GAMCO Global Gold, Natural Resources & Income Trust by Gabelli, 
        ONE CORPORATE CENTER, RYE, NY, 10580-1422, 800.422.3554 - 
        0 ($350,000,000.00) Equity, (File 333-186097 - Jan. 18) (BR. 22)

S-8     OPENTABLE INC, 799 MARKET STREET, FOURTH FLOOR, SAN FRANCISCO, CA, 
        94103, (415) 344-4200 - 0 ($36,002,683.00) Equity, (File 333-186098 - 
        Jan. 18) (BR. 02C)

S-1     YADKIN VALLEY FINANCIAL CORP, 209 NORTH BRIDGE STREET, P. O. BOX 888, 
        ELKIN, NC, 28621, (336) 526-6300 - 678,566 ($2,022,126.68) Equity, 
        (File 333-186099 - Jan. 18) (BR. 07B)

S-8     CISCO SYSTEMS, INC., 170 WEST TASMAN DR, SAN JOSE, CA, 95134-1706, 
        4085264000 - 389,953 ($8,118,821.46) Equity, (File 333-186100 - 
        Jan. 18) (BR. 03C)

N-2     Fifth Street Finance Corp, 10 BANK STREET, SUITE 1210, WHITE PLAINS, 
        NY, 10601, (914) 286-6800 - 
        0 ($1,000,000,000.00) Unallocated (Universal) Shelf, (File 333-186101 - 
        Jan. 18) (BR. 16)

S-8     RAINMAKER SYSTEMS INC, 900 EAST HAMILTON AVENUE, SUITE 400, CAMPBELL, 
        CA, 95008, 4086263800 - 1,000,000 ($900,000.00) Equity, 
        (File 333-186102 - Jan. 18) (BR. 08C)

S-3     CEL SCI CORP, 8229 BOONE BLVD ., SUITE 802, VIENNA, VA, 22182, 
        7035069460 - 0 ($50,000,000.00) Equity, (File 333-186103 - Jan. 18) 
        (BR. 01A)

S-B     Telanetix,Inc, 11201 SE 8TH STREET, SUITE 200, BELLEVUE, WA, 98004, 
        (206) 621-3500 - 140,000 ($2,564,800.00) Equity, (File 333-186106 - 
        Jan. 18) (BR. 11C)

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

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

A5 Laboratories Inc.                    NV       5.02                 01/18/13

ADVANCED CELL TECHNOLOGY, INC.          DE       1.01,2.03,3.02,8.01, 01/11/13    AMEND
                                                 9.01
          
AGREE REALTY CORP                       DE       8.01,9.01            01/15/13

Allied Nevada Gold Corp.                DE       2.02,5.02,7.01,9.01  01/18/13

AMARANTUS BIOSCIENCE, INC.              DE       8.01,9.01            01/18/13

AMCON DISTRIBUTING CO                   DE       2.02,9.01            01/18/13

AMERICAN INTERNATIONAL VENTURES INC /   DE       1.01,2.01,3.02,5.01, 03/23/12    AMEND
                                                 5.06,9.01
     
American Realty Capital Properties, I   MD       8.01,9.01            01/08/13    AMEND

AMES NATIONAL CORP                      IA       2.02,7.01,9.01       01/18/13

AMSURG CORP                             TN       5.02,8.01            01/17/13

ANWORTH MORTGAGE ASSET CORP             MD       8.01,9.01            01/18/13

Arno Therapeutics, Inc                  DE       5.01,9.01            01/14/13

ARRIS GROUP INC                         DE       7.01,9.01            01/18/13

ASSURED GUARANTY LTD                    D0       7.01,9.01            01/18/13

AZZ INC                                 TX       8.01,9.01            01/18/13

BANK MUTUAL CORP                        WI       2.02                 01/17/13

BASSETT FURNITURE INDUSTRIES INC        VA       8.01,9.01            01/17/13

BGC Partners, Inc.                      DE       8.01,9.01            01/18/13

BIOTIME INC                             CA       7.01,9.01            01/18/13

BMW Vehicle Lease Trust 2013-1                   1.01,9.01            01/16/13

BOTTOMLINE TECHNOLOGIES INC /DE/        DE       5.07,8.01,9.01       01/17/13

BRISTOL ENERGY FUND LP                  NY       1.02                 01/15/13

CardioGenics Holdings Inc.              NV       5.03,9.01            01/17/13

Carlyle Group L.P.                      DE       1.01,2.03,9.01       01/18/13

CATERPILLAR INC                         DE       2.06,7.01,9.01       01/18/13

CD INTERNATIONAL ENTERPRISES, INC.      FL       4.01,9.01            01/15/13

China Energy Recovery, Inc.             DE       1.01                 01/14/13

China Growth Equity Investment Ltd      E9       8.01,9.01            01/15/13

Chino Commercial Bancorp                CA       2.02,9.01            01/18/13

CHIPOTLE MEXICAN GRILL INC                       2.02,9.01            01/15/13

CHS INC                                 MN       5.02                 01/17/13

CIG WIRELESS CORP.                      NV       1.01,2.03            12/31/12    AMEND

CINCINNATI BELL INC                     OH       8.01,9.01            01/17/13

CLEAN HARBORS INC                       MA       1.01,9.01            01/17/13

CLEARSIGN COMBUSTION CORP               WA       5.02                 12/28/12

CLIFFS NATURAL RESOURCES INC.           OH       5.02                 01/15/13    AMEND

CLOUD PEAK ENERGY INC.                  DE       1.04                 01/15/13

CNL Healthcare Properties, Inc.         MD       1.01,2.01,2.03,9.01  01/14/13

Cobalt International Energy, Inc.                1.01,8.01,9.01       01/15/13

COEUR D ALENE MINES CORP                ID       2.02,3.02,5.02,7.01, 12/10/12
                                                 9.01
          
CONMED CORP                             NY       1.01,2.03,9.01       01/17/13

Consolidation Services, Inc.            DE       1.01,9.01            01/01/13

Consolidation Services, Inc.            DE       1.01,9.01            01/11/13

Cornerstone Core Properties REIT, Inc   MD       8.01,9.01            01/18/13

CRAFT BREW ALLIANCE, INC.               WA       5.02                 01/16/13

CROSS TIMBERS ROYALTY TRUST             TX       2.02,9.01            01/18/13

CUI Global, Inc.                        CO       1.01                 01/18/13

CURIS INC                               DE       5.02,9.01            01/17/13

DATA I/O CORP                           WA       2.02,9.01            01/17/13

DDR CORP                                OH       1.01,9.01            01/17/13

DEL MONTE CORP                                   5.02                 01/17/13

Delek Logistics Partners, LP            DE       5.02,9.01            01/18/13

Delek US Holdings, Inc.                          5.02,9.01            01/18/13

DENBURY RESOURCES INC                   DE       9.01                 11/30/12    AMEND

Diligent Board Member Services, Inc.    DE       7.01                 01/17/13

DineEquity, Inc                         DE       7.01,9.01            01/18/13

DIVERSIFIED 2000 FUTURES FUND L.P.               1.02                 01/15/13

DIVERSIFIED MULTI-ADVISOR FUTURES FUN   NY       1.02                 01/15/13

DIVERSIFIED MULTI-ADVISOR FUTURES FUN   NY       1.02                 01/15/13

DOCUMENT CAPTURE TECHNOLOGIES, INC.              5.02,9.01            01/11/13

DOMINION RESOURCES BLACK WARRIOR TRUS   DE       7.01,9.01            01/18/13

DRINKS AMERICAS HOLDINGS, LTD           DE       2.04,8.01            01/10/13

DURECT CORP                             DE       3.01                 01/16/13

E-WASTE CORP.                           FL       5.01,5.02            01/14/13

ECOLOGY & ENVIRONMENT INC               NY       8.01,9.01            01/17/12

ECOLOGY COATINGS, INC.                  NV       5.02                 01/18/13

EL CAPITAN PRECIOUS METALS INC          NV       5.02                 01/15/13

Emergent BioSolutions Inc.              DE       1.01,5.02            01/16/13

EMPIRE ENERGY CORP                      UT       8.01                 01/18/13

Enduro Royalty Trust                    DE       2.02,9.01            01/18/13

ERHC Energy Inc                         CO       8.01,9.01            01/17/13

EVCARCO, INC.                           NV       8.01,9.01            01/08/13

Excel Corp                              DE       2.01,3.02,5.01,5.02, 01/14/13
                                                 9.01
          
Exelis Inc.                             IN       5.02,9.01            01/17/13

EZJR, Inc.                              NV       4.01,9.01            12/04/12    AMEND

FAR EAST ENERGY CORP                    NV       1.01,2.03,3.02,8.01, 01/14/13
                                                 9.01
          
Federal Home Loan Bank of Indianapoli   X1       2.03,9.01            01/18/13

Fifth & Pacific Companies, Inc.         DE       8.01,9.01            01/18/13

Fifth & Pacific Companies, Inc.         DE       8.01,9.01            01/18/13

FIRST HORIZON NATIONAL CORP             TN       7.01,9.01            01/18/13

FIRST HORIZON NATIONAL CORP             TN       2.02,9.01            01/18/13

Fortegra Financial Corp                 DE       2.05,5.02            01/14/13

FRONTIER OILFIELD SERVICES INC          TX       1.01,9.01            01/15/13

FUELCELL ENERGY INC                     DE       3.01                 01/17/13

Full Circle Capital Corp                MD       5.07                 01/18/13

GENCORP INC                             OH       8.01,9.01            01/18/13

GENERAL ELECTRIC CAPITAL CORP           CT       8.01,9.01            01/18/13

GENERAL ELECTRIC CO                     NY       2.02,9.01            01/18/13

GIBRALTAR INDUSTRIES, INC.              DE       8.01,9.01            01/18/13

GigOptix, Inc.                          DE       5.02                 01/14/13

GLU MOBILE INC                          DE       5.02,9.01            12/13/12    AMEND

GlyEco, Inc.                            NV       5.02                 01/14/13

GOLDEN PHOENIX MINERALS INC             NV       5.02                 01/15/13

Golub Capital BDC, Inc.                 DE       2.02,9.01            01/18/13

GREENE COUNTY BANCORP INC               DE       8.01,9.01            01/15/13

GT Advanced Technologies Inc.           DE       5.02,9.01            01/14/13

GUARANTY FEDERAL BANCSHARES INC         DE       2.02,9.01            01/17/13

HARBINGER GROUP INC.                    DE       7.01                 01/18/13

HARRIS & HARRIS GROUP INC /NY/          NY       8.01,9.01            01/18/13

HEALTH MANAGEMENT ASSOCIATES, INC       DE       8.01                 01/17/13

HERBALIFE LTD.                          E9       2.02,9.01            01/17/13

HICKORY TECH CORP                       MN       5.02                 01/14/13

Highbridge Commodities FuturesAccess    DE       3.02                 01/15/13

Highbridge Commodities FuturesAccess    DE       1.01,9.01            01/17/13

Honda Auto Receivables 2013-1 Owner T   DE       1.01,9.01            01/16/13

Howard Bancorp Inc                      MD       2.02,9.01            01/17/13

HUGOTON ROYALTY TRUST                   TX       2.02,9.01            01/18/13

ICEWEB INC                              DE       1.01,9.01            01/17/13

IMPLANT SCIENCES CORP                   MA       5.03,7.01,9.01       01/18/13

INDUSTRIAL SERVICES OF AMERICA INC /F   FL       5.02,9.01            01/17/13

INLAND REAL ESTATE CORP                 MD       8.01,9.01            01/17/13

INTEL CORP                              DE       2.02                 01/17/13

Intellect Neurosciences, Inc.           DE       3.02                 01/03/13

INTERCLOUD SYSTEMS, INC.                         4.01                 01/14/13

INTERSECTIONS INC                       DE       1.01                 01/14/13

INTL FCSTONE INC.                       DE       7.01,9.01            01/17/13

INVENT Ventures, Inc.                   NV       1.01,2.03,3.02       01/14/13

JAVELIN MORTGAGE INVESTMENT CORP.       MD       7.01,9.01            01/18/13

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

JOHNSON CONTROLS INC                    WI       2.02,7.01,9.01       01/18/13

KAISER VENTURES LLC                     DE       1.01,5.02,8.01,9.01  01/15/13

KBS Legacy Partners Apartment REIT, I   MD       8.01                 01/18/13

KKR Financial Holdings LLC              DE       7.01,8.01,9.01       01/18/13

KOPIN CORP                              DE       2.01,9.01            01/15/13

Kraft Foods Group, Inc.                          7.01,9.01            01/18/13

LACLEDE GROUP INC                       MO       1.01,2.03,9.01       01/16/13

Lake Shore Bancorp, Inc.                X1       8.01,9.01            01/18/13

LANDAUER INC                            DE       3.01                 01/15/13

LEAR CORP                               DE       1.01,2.03,9.01       01/14/13

Liberty Global, Inc.                    DE       7.01                 01/18/13

Lifevantage Corp                        CO       7.01                 01/18/13

LIGHTPATH TECHNOLOGIES INC              DE       3.01                 01/15/13

LOJACK CORP                             MA       5.02                 01/16/13

LOOKSMART LTD                           DE       5.01,5.02            01/14/13

LRR Energy, L.P.                        DE       7.01,9.01            01/18/13

MARKETAXESS HOLDINGS INC                         5.02                 01/15/13

MATTHEWS INTERNATIONAL CORP             PA       2.02,9.01            01/17/13

MCMORAN EXPLORATION CO /DE/             DE       2.02,9.01            01/18/13

Medytox Solutions, Inc.                 NV       4.01                 01/10/13

MERCER INTERNATIONAL INC.               WA       7.01,9.01            01/18/13

MESA ROYALTY TRUST/TX                   TX       2.02,9.01            01/18/13

MF Global Holdings Ltd.                 DE       7.01,9.01            01/14/13

MIDDLEFIELD BANC CORP                   OH       1.01                 01/14/13

MOMENTIVE SPECIALTY CHEMICALS INC.      NJ       1.01,2.03,9.01       01/14/13

MORGAN STANLEY                          DE       2.02,7.01,9.01       01/18/13

MSC INDUSTRIAL DIRECT CO INC            NY       5.07                 01/17/13

NATIONAL HEALTH INVESTORS INC           MD       8.01                 01/18/13

NEDAK ETHANOL, LLC                      NE       8.01,9.01            01/18/13

NETWORK 1 FINANCIAL GROUP, INC.         DE       4.01,9.01            01/17/13

New Enterprise Stone & Lime Co., Inc.   DE       2.04                 01/14/13

NEWLINK GENETICS CORP                            5.02,9.01            01/18/13

NEWS CORP                                        8.01,9.01            01/18/13

NEXTERA ENERGY INC                      FL       8.01,9.01            01/18/13

NGL Energy Partners LP                  DE       1.01,9.01            01/15/13

NGL Energy Partners LP                  DE       9.01                 11/02/12    AMEND

Noble Corp / Switzerland                V8       8.01                 01/16/13

NORTHERN TECHNOLOGIES INTERNATIONAL C   DE       5.07                 01/17/13

Northumberland Resources, Inc.          NV       5.02                 01/07/13

NORTHWEST INDIANA BANCORP               IN       2.02,9.01            01/18/13

NovaCopper Inc.                         A1       3.02                 01/15/13

NT MINING Corp                                   8.01                 01/17/13

NT MINING Corp                                   5.02                 01/18/13

NTS, INC.                               NV       8.01,9.01            01/17/13

Nuance Communications, Inc.             DE       1.01,5.02            01/18/13

NUPATHE INC.                            DE       7.01,8.01,9.01       01/17/13

NUTRI SYSTEM INC /DE/                   DE       1.01,9.01            01/16/13

ONEOK INC /NEW/                         OK       7.01,8.01,9.01       01/18/13

ONEOK Partners LP                       DE       7.01,8.01,9.01       01/18/13

OptimizeRx Corp                         NV       1.01,3.02,5.02,9.01  01/14/13

Ortus Currency FuturesAccess LLC        DE       3.02                 01/15/13

OSI SYSTEMS INC                         DE       8.01,9.01            01/17/13

OVERSTOCK.COM, INC                      DE       5.02,7.01            01/14/13

Pacific Clean Water Technologies, Inc   DE       2.01,3.02,4.01,5.01, 11/13/12    AMEND
                                                 5.02,5.03,5.06,9.01
        
PACIFIC GOLD CORP                       NV       3.03,5.03,9.01       01/18/13

PARKER HANNIFIN CORP                    OH       2.02,7.01            01/18/13

PCS EDVENTURES COM INC                  ID       2.03,5.02,9.01       01/11/13

PENN NATIONAL GAMING INC                PA       1.01,3.02,9.01       01/16/13

People's United Financial, Inc.         DE       2.02,7.01,9.01       01/17/13

Peoples Federal Bancshares, Inc.                 5.02,9.01            01/15/13

PERMIAN BASIN ROYALTY TRUST             TX       2.02,9.01            01/18/13

Phillips Edison - ARC Shopping Center   MD       8.01,9.01            01/18/13

PHOENIX COMPANIES INC/DE                DE       1.01,5.07,9.01       01/18/13

PINNACLE ENTERTAINMENT INC.             DE       5.02,8.01,9.01       01/15/13

POSITIVEID Corp                         DE       1.01,1.02,2.03,3.02  01/16/13

PRIMUS TELECOMMUNICATIONS GROUP INC     DE       5.02,9.01            01/17/13

PROGRESSIVE CORP/OH/                    OH       2.02,9.01            01/18/13

Propell Corporation.                    DE       4.01,9.01            01/17/13

QUESTCOR PHARMACEUTICALS INC            CA       2.01,9.01            01/18/13

RELIABRAND INC.                                  5.03,7.01,9.01       01/15/13

Resolute Energy Corp                    DE       8.01                 01/18/13

RLJ ENTERTAINMENT, INC.                 NV       5.02,7.01,9.01       01/14/13

ROCKWELL COLLINS INC                    DE       2.02,7.01,9.01       01/18/13

ROTECH HEALTHCARE INC                   DE       1.01,1.02,9.01       12/21/12    AMEND

SABA SOFTWARE INC                       DE       3.01,4.01,9.01       01/14/13

SAN JUAN BASIN ROYALTY TRUST            TX       2.02,9.01            01/18/13

SANDRIDGE ENERGY INC                    DE       8.01,9.01            01/18/13    AMEND

SCHLUMBERGER LTD /NV/                   P8       2.02,7.01,9.01       01/18/13

SIERRA BANCORP                          CA       8.01,9.01            01/18/13

SLM Student Loan Trust 2006-7           DE       8.01,9.01            01/18/13

SOLAZYME INC                            DE       8.01,9.01            01/17/13

Standard Financial Corp.                MD       2.02,8.01,9.01       01/17/13

STATE STREET CORP                       MA       2.02,2.05,9.01       01/16/13

StellarOne CORP                         VA       8.01                 01/18/13

STRATS SM TRUST FOR Goldman Sachs Cap            8.01,9.01            01/15/13

STRATS SM TRUST FOR GOLDMAN SACHS GRO            8.01,9.01            01/15/13

STRATS SM TRUST FOR JPMORGAN CHASE &             8.01,9.01            01/15/13

STRATS SM TRUST FOR WAL-MART STORES,             8.01,9.01            01/15/13

STRATS(SM) TRUST FOR DOMINION RESOURC            8.01,9.01            01/15/13

STRATS(SM) TRUST FOR GEN ELEC CAP COR            8.01,9.01            01/15/13

STRATS(SM) Trust For Goldman Sachs Ca            8.01,9.01            01/15/13

SUNTRUST BANKS INC                      GA       2.02,7.01,9.01       01/18/13

SurePure, Inc.                          NV       5.03,9.01            01/15/13

SurePure, Inc.                          NV       5.02,9.01            01/06/13    AMEND

Surge Global Energy, Inc.               DE       8.01                 01/18/13

Targa Resources Corp.                   DE       5.02,9.01            01/15/13

Targa Resources Partners LP             DE       5.02,9.01            01/15/13

TENNECO INC                             DE       5.02,9.01            01/16/13

TENNECO INC                             DE       8.01,9.01            01/17/13

TESSCO TECHNOLOGIES INC                 DE       2.02,9.01            01/17/13

TEXAS INSTRUMENTS INC                   DE       5.02                 01/17/13

THL Credit, Inc.                        DE       8.01,9.01            01/16/13

THUNDER MOUNTAIN GOLD INC               NV       5.02,8.01,9.01       01/08/13

TIDEWATER INC                           DE       8.01,9.01            01/17/13

TIFFANY & CO                            DE       8.01,9.01            01/17/13

TigerLogic CORP                         DE       1.01,3.02,5.02,7.01, 01/17/13
                                                 8.01,9.01
     
Timberline Resources Corp               DE       5.02,7.01,9.01       01/14/13

TNP Strategic Retail Trust, Inc.        MD       2.04                 01/14/13

Trius Therapeutics Inc                  DE       1.01,9.01            01/17/13

TRUSTCO BANK CORP N Y                   NY       8.01                 01/18/13

U-SWIRL, INC.                           NV       1.01,2.01,2.03,3.02, 01/14/13
                                                 5.01,5.02,5.03,9.01
        
UNIVERSAL STAINLESS & ALLOY PRODUCTS    DE       2.02,9.01            01/18/13

Universal Truckload Services, Inc.      MI       5.02,9.01            01/16/13

USA Compression Partners, LP                     3.02,5.02,5.03,7.01, 01/14/13
                                                 8.01,9.01
     
VERIFY SMART CORP.                      NV       4.01,9.01            12/21/12    AMEND

VERINT SYSTEMS INC                      DE       8.01                 01/17/13

VIRTUSA CORP                                     2.03                 01/15/13

WASHINGTON FEDERAL INC                  WA       5.07                 01/18/13

WEBSTER FINANCIAL CORP                  DE       2.02,9.01            01/18/13

WESBANCO INC                            WV       5.04,9.01            01/18/13

Westinghouse Solar, Inc.                DE       8.01                 01/14/13

WINTRUST FINANCIAL CORP                 IL       2.02,9.01            01/18/13

WISCONSIN ENERGY CORP                   WI       5.02                 01/17/13

Yellowwood Acquisition Corp             DE       2.01,3.02,4.01,5.02, 06/12/12    AMEND
                                                 5.03,5.06,9.01

ZAP COM CORP                            NV       5.02                 01/15/13

 

http://www.sec.gov/news/digest/2013/dig012213.htm


Modified: 01/22/2013