SEC NEWS DIGEST

ENFORCEMENT PROCEEDINGS

Commission Files Subpoena Enforcement Action against Thomas G. Massey for Failure to Produce Documents in Market Manipulation Investigation

The Securities and Exchange Commission (Commission) announced today that it has filed a subpoena enforcement action in the U.S. District Court for the Northern District of Texas against Thomas G. Massey. According to the filing, the SEC is investigating possible market manipulation in connection with transactions in the securities of Chimera Energy Corporation (Chimera), whose shares were traded on the over-the-counter market. Pursuant to subpoena issued in February 2013, Massey was obligated to produce documents to the Commission, but has failed to do so. Accordingly, the SEC filed its Application for an Order Requiring Compliance with Administrative Subpoena.

The SEC’s application explains that beginning in July 2012, Chimera commenced a promotional campaign that caused a dramatic increase in the trading volume and price of its stock. The SEC is investigating, among other things, whether the claims in Chimera’s press releases are materially false or misleading. On October 25, 2012, the SEC temporarily suspended trading in the securities of Chimera because of questions concerning the accuracy and adequacy of publicly disseminated information about, among other things, Chimera’s business prospects and agreements.

As part of its investigation, the staff in the SEC’s Fort Worth Regional Office issued a subpoena to Massey in February 2013 seeking, among other things, materials related Massey’s work on behalf of Chimera. According to the SEC’s court papers, Massey played an important role in assisting Chimera with its business development and promotional efforts. Massey’s work included assisting Chimera’s executives in their attempts to establish a business relationship with a certain company based in a foreign nation, and providing draft press releases for review and approval by Chimera’s executives.

Pursuant to its application, the SEC is seeking an order from the federal district court compelling Massey to produce all materials responsive to the subpoena and to provide sworn testimony. The SEC notes that it is continuing to conduct a fact-finding investigation and has not concluded that anyone has broken the law. [SEC v. Thomas G. Massey, Civil Action No. 4:13-mc-00026-A (N.D. Tex.) (June 18, 2013)] (LR-22729)

Commission Charges San Diego-Based Promoter in Penny Stock Scheme

The Commission charged a penny stock promoter in the San Diego area for fraudulently arranging the purchase of $2.5 million worth of shares in a penny stock company in an attempt to generate the false appearance of market interest and induce other investors to purchase the stock.

The SEC alleges that David F. Bahr of Rancho Santa Fe, Calif., artificially increased the trading price and volume of iTrackr Systems stock when he conspired with a purported businessman with access to a network of corrupt brokers. What Bahr didn’t know was that the purported businessman was actually an undercover FBI agent. During a test run of their arrangement, Bahr paid a $3,000 kickback in exchange for the initial purchase of $14,000 worth of iTrackr shares.

In a parallel action, the U.S. Attorney’s Office for the Southern District of California today filed criminal charges against Bahr.

The SEC also has issued an order to suspend trading in iTrackr securities.

According to the SEC’s complaint filed in federal court in San Diego, Bahr set out to give the markets a false impression of supply and demand in iTrackr stock where none actually existed. He coordinated the purchase of iTrackr shares so the stock price could remain high enough for him to effectively promote it at a later date and artificially inflate the price even higher. Bahr arranged for the dissemination of promotional material that overstated the likelihood of iTrackr’s success and future profits.

According to the SEC’s complaint, Bahr connected with the undercover agent in November 2012 and was told that that he represented a group of registered representatives who had trading discretion over certain client accounts. In exchange for a 30 percent kickback, the brokers could arrange to purchase iTrackr stock through their customers’ accounts and hold the shares for up to a year in order to avoid sales that might decrease iTrackr’s stock price. Bahr agreed to pay the kickback and sought the purchase of 10 million iTrackr shares at an average of 25 cents per share for a total of $2.5 million. Bahr agreed not to disclose the kickback to any iTrackr investors.

According to the SEC’s complaint, Bahr agreed to a test run involving the purchase of modest amounts of iTrackr stock on the open market, and Bahr would then pay a small commission. During the first week of December 2012, a total of 135,000 iTrackr shares were purchased, which represented approximately 32 percent of iTrackr’s trading volume during that time. Bahr was then informed that the test purchases totaled approximately $14,000, and he owed a $4,000 commission. Bahr paid $3,000 through a wire transfer, and he asked another person to pay the remaining $1,000.

The SEC’s complaint alleges that Bahr violated Section 17(a)(1) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The complaint seeks financial penalties, a penny stock bar, and a permanent injunction against Bahr.

The SEC’s investigation, which is continuing, has been conducted by Marc Blau and Sara Kalin of the Los Angeles Regional Office. The SEC acknowledges the assistance of the U.S. Attorney’s Office for the Southern District of California, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority (FINRA). [SEC v. David F. Bahr, Case No. 13 CV 1423 GPC (KSC) (S.D. Cal. June 18, 2013)] (LR-22730)

In the Matter of Guy W. Gane Jr.

An Administrative Law Judge issued an Initial Decision in Guy W. Gane, Jr., Admin. Proc. File No. 3-15210. The Initial Decision finds that Guy W. Gane, Jr. (Gane): (1) was sentenced to a prison term of 156 months and three years of supervised release and ordered to make restitution of $6,394,359.37 on September 23, 2011, following a guilty plea to single counts of mail fraud and money laundering in United States v. Gane, Case No. 1:10-cr-90 (W.D.N.Y.), and (2) on February 16, 2012, was permanently enjoined from future violations of various provisions of the securities statutes in SEC v. Watermark Finan. Serv. Group, Inc., Civil Action No. 1:08-cv-361 (W.D.N.Y.). The Initial Decision finds that it is in the public interest to bar Gane from being associated with an investment adviser, broker, dealer, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and from participating in an offering of penny stock. (ID-493; File No. 3-15210)

Commission Decision as to OBN Holdings, Inc. and Ready Welder Corp. Final

The decision of an administrative law judge with respect to OBN Holdings, Inc. and Ready Welder Corp. has become final. The law judge found that OBN and Ready Welder violated Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 by their failure to file timely periodic reports. On the date that the OIP was issued, OBN had not filed any periodic reports since it filed a 10-Q/A for the period ended March 31, 2010. OBN made several filings with the Commission after the OIP was issued that included Forms 10-K for the fiscal years ended June 30, 2010, 2011, and 2012, filed on February 12 and 13, 2013. The Forms 10-K for the years 2011 and 2012 were materially deficient. Ready Welder had not filed any periodic reports since it filed a Form 10-Q for the period ended September 30. 2010. (34-69798; File No. 3-15187)

Commission Decision as to Sonnen Corp. Final

The decision of an administrative law judge with respect to Sonnen Corp. has become final. The law judge found that Sonnen Corp. violated section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 by its failure to file any periodic reports since its filing, on May 16, 2011, of a Form 10-Q for the quarter ended March 31, 2011. Sonnen also filed, on September 28, 2011, a Form 12b-25 (Notification of Late Filing), concerning its Form 10-K and stated that it anticipated filing the Form 10-K for the year ended June 30, 2011, no more than fifteen days late. Only after the OIP was initiated did Sonnen Corp. file all of its past-due reports, starting on March 20, 2013 and ending on April 26, 2013. Sonnen Corp. has also filed its Form 10-Q for the quarter-ended March 31, 2013. (Rel. 34-69799; File No. 3-15186)

Delinquent Filer’s Stock Registration Revoked: Jupiter Enterprises, Inc.

The registration of the registered securities of Jupiter Enterprises, Inc., has been revoked. It had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, it violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocation was ordered in an administrative proceeding before an administrative law judge. (Rel. 34-69795; File No. 3-15336)

Delinquent Filer’s Stock Registration Revoked: China Environmental Protection, Inc.

The registration of the registered securities of China Environmental Protection, Inc., has been revoked. It had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, it violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocation was ordered in an administrative proceeding before an administrative law judge. (Rel. 34-69796; File No. 3-15334)

Delinquent Filer’s Stock Registration Revoked: Greenstart, Inc., et al.

The registrations of the registered securities of Greenstart, Inc., Viseon, Inc., WMPH 2, Inc. (n/k/a Major League Poker, Inc.), WMPH 3, Inc., WMPH 4, Inc., Zow, Inc., and 51143, Inc., have been revoked. Each had repeatedly failed to file required annual and quarterly reports with the Securities and Exchange Commission. Thus, each violated a crucial provision of the federal securities laws that requires public corporations to publicly disclose current, accurate financial information so that investors may make informed decisions. The revocations were ordered in an administrative proceeding before an administrative law judge. (Rel. 34-69797; File No. 3-15340)

INVESTMENT COMPANY ORDERS

ProShares Advisors LLC, et al.

An order has been issued on an application filed by ProShares Advisors LLC, ProShares Trust, and SEI Investments Distribution Co. to permit: (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 from 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-30562)

ASA Gold and Precious Metals Limited

An order has been issued on an application filed by ASA Gold and Precious Metals Limited (ASA), a closed-end management investment company registered under Section 7(d) of the Investment Company Act of 1940, that permits ASA to make changes to its custodial arrangements without prior Commission approval, hold assets and conduct certain securities transactions in specified foreign countries, as well as permit ASA and certain other persons to designate CT Corporation System in the U.S. to accept service of process. (Rel. IC- 30561)

SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Change

A proposed rule change filed by Miami International Securities Exchange LLC to extend the Penny Pilot program (SR-MIAX-2013-28) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69785)

A proposed rule change filed by NASDAQ OMX BX, Inc. relating to extension of the exchange’s Penny Pilot program (SR-BX-2013-039) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69784)

A proposed rule change filed by BATS Y-Exchange, Inc. related to fees for use of BATS Y-Exchange, Inc. (SR-BYX-2013-019) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69776)

A proposed rule change filed by BATS Exchange, Inc. related to fees for use of BATS Exchange, Inc. (SR-BATS-2013-034) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69793)

A proposed rule change filed by BATS Y-Exchange, Inc. related to fees for use of BATS Y-Exchange, Inc. (SR-BYX-2013-021) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69794)

A proposed rule change (SR-BATS-2013-030) filed by BATS Exchange, Inc. to extend the Penny Pilot Program has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69788)

A proposed rule change (SR-BOX-2013-31) filed by BOX Options Exchange LLC to extend the Penny Pilot Program and amend Rule 7050 has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69789)

A proposed rule change filed by The NASDAQ Stock Market LLC relating to extension of the exchange’s Penny Pilot program and replacement of Penny Pilot issues that have been delisted (SR-NASDAQ-2013-082) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69787)

A proposed rule change filed by NASDAQ OMX PHLX LLC relating to extension of the exchange’s Penny Pilot program and replacement of Penny Pilot issues that have been delisted (SR-Phlx-2013-64) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69786)

A proposed rule change (SR-NYSEArca-2013-59) filed by NYSE Arca, Inc. amending Commentary .02 to NYSE Arca Options Rule 6.72 to extend the Penny Pilot in options classes in certain issues through December 31, 2013 has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69790)

A proposed rule change (SR-NYSEMKT-2013-48) filed by NYSEMKT LLC amending Commentary .02 to NYSE Amex Options Rule 960NY to extend the Penny Pilot in options classes in certain issues through December 31, 2013 has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69791)

Notice of Withdrawal of Proposed Rule Change

The NASDAQ Stock Market LLC has withdrawn a proposed rule change that would have required listed companies to have an internal audit function (SR-NASDAQ-2013-032). Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69792)

Notice of Proposed Rule Change

The International Securities Exchange, LLC filed a proposed rule change (SR-ISE-2013-38) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder related to market maker risk parameters and complex orders. Publication is expected in the Federal Register during the week of June 17^th. (Rel. 34-69782)

SECURITIES ACT REGISTRATIONS

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

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

S-1     TWOADAY OIL INC, 4828 PARK GLEN RD, MINNEAPOLIS, MN, 55416, 
        800-711-0442 - 5,000,000 ($500,000.00) Equity, (File 333-189400 - 
        Jun. 18) (BR. 04)

S-1     Power Gala Corp., 4515 12TH AVE., BROOKLYN, NY, 11219, 718-208-1889 - 
        2,006,000 ($34,000.00) Equity, (File 333-189401 - Jun. 18) (BR. )

S-4     Actavis Ltd, 70 SIR JOHN ROGERSON'S QUAY, DUBLIN 2, L2, 2, 
        (216) 523-5000 - 0 ($22,403,135,399.76) Equity, (File 333-189402 - 
        Jun. 18) (BR. 01)

S-4     James River Coal CO, 901 E. BYRD STREET, SUITE 1600, RICHMOND, VA, 
        23219, 804-780-3000 - 
        54,429,660 ($34,264,660.00) Debt Convertible into Equity, 
        (File 333-189403 - Jun. 18) (BR. 09A)

S-1     SOLARCITY CORP, 3055 CLEARVIEW WAY, SAN MATEO, CA, 94402, 
        650-638-1028 - 0 ($201,250,000.00) Debt Convertible into Equity, 
        (File 333-189404 - Jun. 18) (BR. 06C)

S-1     SOLARCITY CORP, 3055 CLEARVIEW WAY, SAN MATEO, CA, 94402, 
        650-638-1028 - 0 ($100,000,000.00) Equity, (File 333-189405 - Jun. 18) 
        (BR. 06C)

S-8     ATHERSYS, INC / NEW, 3201 CARNEGIE AVENUE, CLEVELAND, OH, 44115-2634, 
        216-431-9900 - 0 ($9,810,000.00) Equity, (File 333-189406 - Jun. 18) 
        (BR. 01B)

S-3ASR  Fossil Group, Inc., 901 S CENTRAL EXPRESSWAY, RICHARDSON, TX, 75080, 
        9722342525 - 0 ($9,622,751.00) Equity, (File 333-189408 - Jun. 18) 
        (BR. 02A)

S-B     KOREA DEVELOPMENT BANK, 2126887686 - 0 ($3,000,000,000.00) Debt, 
        (File 333-189409 - Jun. 18) (BR. DN)

S-1     UA Granite Corp, 10 B. KHMELNITSKY ST., # 13A, KYIV, 2H, 01030, 
        380 636419991 - 2,500,000 ($100,000.00) Equity, (File 333-189414 - 
        Jun. 18) (BR. 06)

S-3     Crumbs Bake Shop, Inc., 110 WEST 40TH STREET, SUITE 2100, NEW YORK, NY, 
        10018, 212-221-7105 - 8,444,786 ($10,387,086.78) Equity, 
        (File 333-189415 - Jun. 18) (BR. 02A)

S-8     CALLIDUS SOFTWARE INC, 6200 STONERIDGE MALL ROAD, SUITE 500, 
        PLEASANTON, CA, 94588, 925-251-2200 - 0 ($21,233,340.00) Equity, 
        (File 333-189416 - Jun. 18) (BR. 03B)

S-8     Tallgrass Energy Partners, LP, 6640 W. 143RD STREET, SUITE 200, 
        OVERLAND PARK, KS, 66223, 303-763-2950 - 
        10,000,000 ($213,300,000.00) Equity, (File 333-189417 - Jun. 18) 
        (BR. 02A)

F-10    New Gold Inc. /FI, 3110 - 666 BURRARD ST., VANCOUVER, A1, V6C 2X8, 
        (604) 696-4100 - 0 ($30,685,504.84) Equity, (File 333-189418 - Jun. 18) 
        (BR. 09A)

S-8     UNITEDHEALTH GROUP INC, UNITEDHEALTH GROUP CENTER, 9900 BREN ROAD EAST, 
        MINNEAPOLIS, MN, 55343, 9529361300 - 0 ($500,000,000.00) Other, 
        (File 333-189419 - Jun. 18) (BR. 01B)

S-8     HORIZON BANCORP /IN/, 515 FRANKLIN SQUARE, MICHIGAN CITY, IN, 46360, 
        2198790211 - 691,700 ($13,695,660.00) Equity, (File 333-189420 - 
        Jun. 18) (BR. 07B)

S-1     MusclePharm Corp, 4721 IRONTON STREET, DENVER, CO, 80239, 
        (800) 210-7369 - 1,740,691 ($18,729,835.16) Equity, (File 333-189422 - 
        Jun. 18) (BR. 01B)

S-8     CHRISTOPHER & BANKS CORP, 2400 XENIUM LANE NORTH, PLYMOUTH, MN, 
        55441-3626, 6125515000 - 0 ($6,860,000.00) Equity, (File 333-189423 - 
        Jun. 18) (BR. 09B)

S-8     INCYTE CORP, ROUTE 141 & HENRY CLAY ROAD, BUILDING E336, WILMINGTON, 
        DE, 19880, 3024986700 - 0 ($105,586,000.00) Equity, (File 333-189424 - 
        Jun. 18) (BR. 01A)

S-3ASR  T-Mobile US, Inc., 12920 SE 38TH STREET, BELLEVUE, WA, 98006, 
        800-318-9270 - 0 ($0.00) Equity, (File 333-189425 - Jun. 18) (BR. 11A)

S-3ASR  NuStar Energy L.P., 19003 IH-10 WEST, SAN ANTONIO, TX, 78257, 
        (210) 918-2000 - 0 ($0.00) Unallocated (Universal) Shelf, 
        (File 333-189426 - Jun. 18) (BR. 04A)

S-4     AMKOR TECHNOLOGY INC, 1900 SOUTH PRICE ROAD, CHANDLER, AZ, 85286, 
        480-821-5000 - 0 ($225,000,000.00) Debt, (File 333-189427 - Jun. 18) 
        (BR. 10A)

F-1     Iroko Pharmaceuticals Inc., ONE KEW PLACE, 150 ROUSE BOULEVARD, 
        PHILADELPHIA, PA, 19112, 267-546-3003 - 0 ($145,000,000.00) Equity, 
        (File 333-189428 - Jun. 18) (BR. 01B)

S-1     City Ventures, Inc., 1900 QUAIL STREET, NEWPORT BEACH, CA, 92660, 
        (949) 258-7555 - 0 ($150,000,000.00) Equity, (File 333-189429 - 
        Jun. 18) (BR. 06A)

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.

http://www.sec.gov/news/digest/2013/dig061913.htm