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Commission announcementsCommission Proposes Rules for Pay Ratio DisclosureThe Securities and Exchange Commission (Commission) today voted 3-2 to propose a new rule that would require public companies to disclose the ratio of the compensation of its chief executive officer (CEO) to the median compensation of its employees. The new rule, required under the Dodd-Frank Act, would not prescribe a specific methodology for companies to use in calculating a "pay ratio." Instead, companies would have the flexibility to determine the median annual total compensation of its employees in a way that best suits its particular circumstances. "This proposal would provide companies significant flexibility in complying with the disclosure requirement while still fulfilling the statutory mandate," said SEC Chair Mary Jo White. "We are very interested in receiving comments on the proposed approach and the flexibility it affords." The proposal will have a 60-day public comment period following its publication in the Federal Register. (Press Rel. 2013-186) Commission Approves Registration Rules for Municipal AdvisorsThe Commission today voted unanimously to adopt rules establishing a permanent registration regime for municipal advisors as required by the Dodd-Frank Act. State and local governments that issue municipal bonds frequently rely on advisors to help them decide how and when to issue the securities and how to invest proceeds from the sales. These advisors receive fees for the services they provide. Prior to passage of the Dodd-Frank Act, municipal advisors were not required to register with the SEC like other market intermediaries. This left many municipalities relying on advice from unregulated advisors, and they were often unaware of any conflicts of interest a municipal advisor may have had. After the Dodd-Frank Act became law, the SEC established a temporary registration regime. More than 1,100 municipal advisors have since registered with the SEC. The new rule approved by the SEC requires a municipal advisor to permanently register with the SEC if it provides advice on the issuance of municipal securities or about certain "investment strategies" or municipal derivatives. "In the wake of the financial crisis, many municipalities suffered significant losses from complex derivatives and other financial transactions, and their investors were left largely unprotected from these risks," said SEC Chair Mary Jo White. "These rules set forth clear, workable requirements and guidance for municipal advisors and other market participants, which will provide needed protections for investors in the municipal securities markets." The new rules become effective 60 days after they are published in the Federal Register. (Press Rel. 2013-185) Chief Accountant is Seeking Candidates for Professional Accounting Fellow PositionsThe Commission's Office of the Chief Accountant is accepting applications for Professional Accounting Fellow (PAF) positions to begin the summer of 2014. The PAF program, which began in 1972, is designed to provide participating fellows with outstanding opportunities for public service to investors, personal development, and career advancement. During their fellowship (typically a two-year term), the successful candidates will participate in the study and development of rule proposals under the federal securities laws, liaise with accounting, auditing and other professional standard-setting bodies, and consult with registrants on reporting matters.
Interested applicants should submit:
Applicants are required to submit an essay that they have prepared on their own directly related to a current accounting or auditing topic. Applicants are encouraged to select any current accounting or auditing topic in which they possess expertise, and to include consideration of one or more inter-related policy level issues. The requested items should be submitted on or before January 10, 2014, to the Chief Accountant of the Securities and Exchange Commission, 100 F Street, N.E., Washington, D.C., 20549. In addition to the hard copy, applicants should e-mail the requested items to oca@sec.gov with "PAF Application" in the e-mail subject line. Inquiries about the program may be addressed to the attention of Ryan Evans or Chris Rogers in the Office of the Chief Accountant at (202) 551-5316 and (202) 551-4334, respectively. The Commission's policy of affording equal employment opportunity to all interested candidates will be followed. Commission Suspends Trading in the Securities of Eight Issuers for Failure to Make Required Periodic FilingsThe Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on September 18, 2013 and terminating at 11:59 p.m. EDT on October 1, 2013:
The Commission temporarily suspended trading in the securities of the foregoing companies due to a lack of current and accurate information about the companies because they have not filed certain periodic reports with the Commission. 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 trading suspensions 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. 34-70432) Commission Suspends Trading in the Securities of Four Issuers for Failure to Make Required Periodic FilingsThe Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on September 18, 2013 and terminating at 11:59 p.m. EDT on October 1, 2013:
The Commission temporarily suspended trading in the securities of the foregoing companies due to a lack of current and accurate information about the companies because they have not filed certain periodic reports with the Commission. 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 trading suspensions 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 Group of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-70435) Commission Suspends Trading in the Securities of Eight Issuers for Failure to Make Required Periodic FilingsThe Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on September 18, 2013 and terminating at 11:59 p.m. EDT on October 1, 2013:
The Commission temporarily suspended trading in the securities of the foregoing companies due to a lack of current and accurate information about the companies because they have not filed certain periodic reports with the Commission. 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 trading suspensions 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 Group of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-70437) Commission Suspends Trading in the Securities of Four Issuers for Failure to Make Required Periodic FilingsThe Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on September 18, 2013 and terminating at 11:59 p.m. EDT on October 1, 2013:
The Commission temporarily suspended trading in the securities of the foregoing companies due to a lack of current and accurate information about the companies because they have not filed certain periodic reports with the Commission. 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 trading suspensions 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 Group of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-70439) Commission MeetingsClosed Meeting on Wednesday, September 25, 2013 at 10:00 a.m. The subject matter of the Closed Meeting will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings.. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551-5400. ENFORCEMENT PROCEEDINGSCommission Charges Indiana-Based Company and Executives for Defrauding Investors in Renewable Fuel Production SchemeThe Commission today charged a company in Evansville, Ind., and several executives and suppliers for posing to investors as a legitimate biodiesel production business while concealing the extensive illegal activity that accounted for 99 percent of its revenues. The SEC alleges that when Imperial Petroleum purchased Middletown, Ind.-based E-Biofuels LLC as a subsidiary in 2010, E-Biofuels’ owners falsely represented that they were producing renewable fuel from raw agricultural products such as soybean oil and chicken fat. E-Biofuels received significant government incentives based on its biodiesel production representations. But E-Biofuels actually used middlemen to buy finished biodiesel and portrayed those purchases in fake invoices as the raw "feedstock" needed to produce biodiesel. E-Biofuels later sold the purchased biodiesel for as high as double the price it paid for it. When Imperial’s CEO Jeffrey Wilson learned that E-Biofuels was not producing biodiesel from raw materials, he allowed the scheme to continue instead of taking corrective action. Imperial’s annual revenue increased from $1 million to more than $100 million and its stock price soared as the company falsely told investors that E-Biofuels was in the business of environmentally friendly biodiesel production. Imperial’s stock price plummeted to less than 10 cents per share after the scheme fell apart, resulting in a market loss of approximately $60 million. "Imperial Petroleum and its executives outright lied to investors about how their company turned a profit," said Robert Burson, Associate Director of the SEC’s Chicago Regional Office. "When their illegal scheme collapsed, investors paid the price." The SEC’s complaint filed in federal court in Indianapolis charges Imperial Petroleum and Wilson as well as three former owners of E-Biofuels – brothers Craig and Chad Ducey of Fisher, Ind., and Brian Carmichael, who now lives in Bend, Oregon. The complaint also charges three New Jersey-based companies – Caravan Trading LLC, Cima Green LLC, and CIMA Energy Group – and their operators Joseph Furando and Evelyn Pattison (also known as Katirina Tracy) for acting as the middlemen in the scheme. They allegedly provided false and misleading documents to deceive government regulators and attract investors to Imperial. In a separate action, the U.S. Attorney’s Office for the Southern District of Indiana today announced criminal charges. According to the SEC’s complaint, Imperial falsely stated in its annual reports for fiscal years 2010 and 2011 that E-Biofuels produced and sold more than 28 million gallons of biodiesel from May 24, 2010 (the closing date of Imperial’s acquisition of E-Biofuels) to July 31, 2011 (end of the fiscal year). More than 99 percent of Imperial’s revenues came from E-Biofuels during this time period. Wilson, the Duceys, Carmichael, and others under their direction misrepresented to customers that the product they were selling was valid renewable fuel produced by E-Biofuels. In reality, the vast majority was biodiesel bought from the New Jersey companies and fraudulently recertified with new incentives and tax credits. The biodiesel was purchased and then resold unchanged to customers for more than $100 million. The SEC alleges that the scheme generated gross illicit profits of more than $50 million by buying the biodiesel at or near market price, fabricating invoices describing the transactions as the purchase of soybean oil or some other legitimate type of feedstock, and falsely certifying to the Environmental Protection Agency that E-Biofuels had produced biodiesel. On some occasions, E-Biofuels pretended to blend the biodiesel in order to receive improper tax credits, or sold the fuel with the tax credits to end users. From November 2009 to January 2012, E-Biofuels created more than 52 million fraudulent renewable energy credits and $35 million in false tax credits. This illegal business model was never disclosed to Imperial’s investors or auditors. According to the SEC’s complaint, Wilson knew by at least mid-June 2010 that E-Biofuels was not operating in the manner described in its annual report for 2010. Nonetheless, he signed and certified the accuracy of the 10-K filing. For the next three quarters and in the 10-K a year later, Imperial filed similar disclosures falsely describing the business as "biodiesel production" and misrepresenting that it used raw feedstock – primarily "premium white grease (chicken fat)" – to produce biodiesel. Wilson signed and certified the accuracy of these reports. Wilson also gave a false portrayal of the company when he had direct contact with prospective investors, including a power-point presentation with a video about E-Biofuels purportedly producing biodiesel from waste oils and greases. In reality, E-Biofuels’ business was almost entirely illegal and unsustainable. The SEC complaint charges Imperial with violating Section 17(a) of the Securities Act of 1933 and Sections 10(b), 13(a), and 13(b) of the Securities Exchange Act of 1934 and various rules thereunder. Wilson, the Duceys, and Carmichael are charged with violating Section 17(a) of the Securities Act, Sections 10(b) and 13(b) of the Exchange Act, and various rules thereunder. They also are charged with aiding and abetting violations of the Exchange Act. The complaint charges Furando, Pattison, and the three New Jersey companies with aiding and abetting violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5. The SEC’s complaint seeks disgorgement of ill-gotten gains, financial penalties, and permanent injunctions against further violations of the securities laws. The SEC seeks to bar Wilson, the Duceys, and Carmichael from acting as officers or directors of a public company. The SEC’s investigation, which is continuing, has been conducted by Scott J. Hlavacek and James A. Davidson of the Chicago Regional Office. The SEC’s litigation will be led by John E. Birkenheier and Anne Graber Blazek. The investigation of the criminal action was conducted by the U.S. Attorney’s Office for the Southern District of Indiana, the Department of Justice’s Environmental Crimes Division, the Federal Bureau of Investigation, the Environmental Protection Agency, the Internal Revenue Service, and the Department of Agriculture. (Press Rel. 2013-184; LR-22800) Commission Charges N.Y.-Based Hedge Fund Adviser with Breaching Fiduciary Duty by Participating in Conflicted Principal TransactionThe Commission today charged the adviser to a New York-based hedge fund with breaching his fiduciary duty by engineering an undisclosed principal transaction in which he had a financial conflict of interest. In a principal transaction, an adviser acting for its own account buys a security from a client account or sells a security to a client account. Principal transactions can pose potential conflicts between the interests of the adviser and the client, and therefore advisers are required to disclose in writing any financial interest or conflicted role when advising a client on the other side of the trade. They also must obtain the client’s consent. The SEC alleges that Shadron L. Stastney, a partner at investment advisory firm Vicis Capital LLC, traded as a principal when he authorized the client hedge fund to pay approximately $7.5 million to purchase a basket of illiquid securities from a personal friend and outside business partner hired by the firm as a managing director. Stastney required his friend to divest these personal securities holdings as he came on board at the firm because they overlapped with securities in which the hedge fund also was invested. Stastney failed to tell the client hedge fund or any other partners and management at the firm that he had a financial stake in some of the same securities sold into the fund. Stastney personally benefited and received a portion of the proceeds from the sale, and therefore was trading as a principal in the transaction. Stastney agreed to pay more than $2.9 million to settle the SEC’s charges. "Fund advisers cannot sit on both sides of a transaction as buyer and seller without the consent of the clients who rely on them for unbiased investment advice," said Julie M. Riewe, Co-Chief of the SEC Enforcement Division’s Asset Management Unit. "Stastney failed to live up to his fiduciary duty when he unilaterally set the terms of the transaction and authorized it without disclosing that he would personally profit from it." According to the SEC’s order instituting a settled administrative proceeding, in late December 2007 and early January 2008, Stastney arranged for his friend to sell the conflicted securities to the client hedge fund – Vicis Capital Master Fund – for $7.475 million. Stastney’s friend informed him at the time that Stastney had a financial interest in some of the conflict securities, and Stastney would receive a portion of the sales proceeds. The SEC’s order alleges that Stastney informed his two partners at the firm about the contemplated transaction, but never disclosed his personal financial interest in the transaction to them. Stastney also did not disclose the conflict to the individual serving as the firm’s chief financial officer and chief compliance officer. Moreover, Stastney failed to disclose to the trustee of the hedge fund that he had a personal financial interest in the transaction, and failed to obtain the client’s consent as required in a principal transaction. According to the SEC’s order, after the hedge fund purchased the conflicted securities, Stastney’s friend wired Stastney’s share of more than $2 million of the sales proceeds to his personal savings bank account. The SEC’s order requires Stastney, who lives in Marlboro, N.J., to pay disgorgement of $2,033,710.46, prejudgment interest of $501,385.06, and a penalty of $375,000. Stastney also is barred from association with any investment company, investment adviser, broker, dealer, municipal securities dealer, or transfer agent for at least 18 months. Stastney will be permitted to finish winding down the fund under the oversight of an independent monitor payable at his own expense. Stastney has consented to the issuance of the order without admitting or denying any of the findings and has agreed to cease and desist from committing or causing any violations and any future violations of Sections 206(2) and 206(3) of the Investment Advisers Act of 1940. Commission Charges Imaging Diagnostic Systems, CEO, and CFO with FraudThe Commission today charged Florida-based medical technology company Imaging Diagnostic Systems and two top executives for making material misstatements and omissions in public filings about the timing of its Food and Drug Administration (FDA) application and its failure to remit payroll taxes to the Internal Revenue Service (IRS). According to the SEC's complaint filed in U.S. District Court for the Southern District of Florida, Imaging Diagnostic Systems is engaged in the development and testing of a breast imaging system called CTLM® that purportedly uses a laser to detect breast cancer. The company has failed to obtain FDA approval to market and sell the CTLM® in the United States. From October 2008 to December 2009, Imaging Diagnostic Systems repeatedly disclosed in filings and letters to shareholders that it expected to file by specific deadlines a premarket approval application with the FDA to obtain permission to market and sell the CTLM®. The company failed to meet its projected deadlines. In fact, CEO Linda Grable and CFO Allan Schwartz knew there was no basis for the projections because Imaging Diagnostic Systems did not have enough cancer cases to finish its clinical trials and could not pay for the clinical sites. The SEC further alleges that beginning in early 2010, Imaging Diagnostic Systems stopped remitting payroll taxes to the IRS for its employees. The company's failure to pay payroll taxes constituted a known commitment, event, or uncertainty of the type that should have been disclosed in the Management's Discussion and Analysis sections of the company's periodic filings, which were signed by Grable and Schwartz. However, the company did not publicly disclose that it failed to remit payroll taxes until more than 16 months later, and even then still failed to disclose the risks associated with its failure to pay payroll taxes. The SEC's complaint also alleges that Grable and Schwartz failed to file beneficial ownership reports in 2009, 2010, and 2011 despite having received stock or options. The SEC's complaint charges Imaging Diagnostic Systems, Grable, and Schwartz with violating Section 17(a)(2) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(b). The complaint alleges that Imaging Diagnostic Systems violated Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13. The complaint alleges that Imaging Diagnostic Systems and Grable violated Section 14(a) of the Exchange Act and Rule 14a-9; Grable and Schwartz violated Section 16(a) of the Exchange Act and Rules 13a-14, 13b2-1, and 16a-3; and Grable and Schwartz aided and abetted the company's violations of Sections 10(b), 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 10b-5(b), 12b-20, 13a-1 and 13a-13. The SEC seeks financial penalties and permanent injunctions. The SEC also seeks penny stock bars and officer-and-director bars against Grable and Schwartz. The SEC's investigation was conducted by Jenny A. Trotman and Kathleen Strandell and supervised by Thierry Olivier Desmet in the Miami Regional Office. The SEC's litigation will be led by Robert Levenson. (LR-22801) In the Matter of Edmund E. WilsonThe Commission announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 (Exchange Act), and Notice of Hearing (Order) against Edmund E. Wilson (Wilson). The Division of Enforcement alleges in the Order that, between September 2005 and June 2012, Wilson, through his company Fountain Group of Companies of Utah, Inc. (Fountain Group), offered and sold Fountain Group securities raising approximately $11 million from at least 60 investors. At the time Fountain Group’s offer and sale of securities took place, Wilson was not an associated person of a registered broker dealer. However, Wilson acted as a broker by: (1) actively soliciting investors; (2) hiring an unregistered sales agent to solicit investors; (3) receiving the investment funds and signing the investment contracts as the president of Fountain Group; and (4) paying transaction-based compensation to the sales agent. The Division of Enforcement further alleges that on September 6, 2013, a default and final judgment was entered against Wilson permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Wilson, et al., Civil Action Number 2:13-CV-00188, in the United States District Court for the District of Utah. Wilson was ordered to pay disgorgement of $10,987,273.25, plus prejudgment interest of $5,089,068.90 and a civil penalty of $8,980,000. In the Matter of Medifast, Inc.The Commission today announced the issuance of an Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order and a Civil Penalty ("Order") against Medifast, Inc. Medifast manufactures, distributes, and sells weight loss and other health and diet products and supplements. In the Order, the Commission finds that Medifast improperly accounted for its income tax provision for the years 2006 through 2008, which resulted in material understatements of its income tax expense and material overstatements of its net income after tax. Medifast’s improper accounting did not comply with generally accepted accounting principles ("GAAP") and resulted from a deficient system of internal controls that failed to ensure the appropriate recording and reporting of its income tax expense. In 2010, Medifast restated its financials for 2006 through 2008 due to this improper accounting. The Order finds that based on the above conduct, Medifast violated the reporting, books and records, and internal controls provisions of the Securities Exchange Act of 1934. Without admitting or denying the findings, Medifast agreed to a cease-and-desist order requiring it to cease and desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder and to pay a $200,000 penalty. In related actions, the Commission instituted settled administrative and cease-and-desist proceedings against Brendan Connors, Medifast’s former CFO, for his conduct with respect to Medifast’s non-GAAP income tax accounting, and instituted settled administrative proceedings against Marc Nochimson, the engagement partner of Medifast’s former auditor, for his improper conduct with regard to the 2006-2008 audits of Medifast’s financial statements. Connors agreed to an order requiring him to cease-and-desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13b2-1 thereunder and to pay a $40,000 penalty. Connors also agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. Nochimson agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. (Rel. 34-70448) In the Matter of Brendan N. Connors, CPAThe Commission today announced the issuance of an Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Sections 4C and 21C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions, a Cease-and-Desist Order, and a Civil Penalty ("Order") against Brendan N. Connors of Baltimore County, Maryland. Connors is the former Chief Financial Officer of Medifast, Inc., a health and diet supplement company. In the Order, the Commission finds that during the period 2006 through 2008, Connors was Medifast’s Vice-President of Finance and head of its accounting department. As head of the accounting department, Connors was responsible for selecting, applying, and implementing appropriate accounting policies to ensure that the Company’s reported financial statements were prepared in accordance with GAAP. He was also one of the officials responsible for preparing the Company’s financial statements and for devising and maintaining a system of internal accounting controls. The Order finds that based on the above conduct, Connors violated Rule 13b2-1 of the Securities Exchange Act of 1934, and willfully aided and abetted and caused Medifast’s violations of the reporting, books and records, and internal controls provisions of the Exchange Act. Without admitting or denying the findings, Connors agreed to an order requiring him to cease-and-desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13b2-1 thereunder and to pay a $40,000 penalty. Connors also agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. In related actions, the Commission instituted settled cease-and-desist proceedings against Medifast for violations of the reporting, books and records, and internal controls provisions of the Exchange Act, and instituted settled administrative proceedings against Marc Nochimson, the engagement partner of Medifast’s former auditor, for his improper conduct with respect to the audits of Medifast’s financial statements for 2006 through 2008. Medifast agreed to an order requiring it to cease-and-desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder and to pay a $200,000 penalty. Nochimson agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. (Rel. 34-70450) In the Matter of Marc G. Nochimson, CPAThe Commission today announced the issuance of an Order Instituting Public Administrative Proceedings Pursuant to Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions ("Order") against Marc G. Nochimson of Marlton, New Jersey. Nochimson was the audit engagement partner of a now-defunct firm that audited the financial statements of Medifast, Inc., a health and diet supplement company, for the years 2006 through 2008. In the Order, the Commission finds that Nochimson supervised Medifast’s audits and the firm issued unqualified opinions on Medifast’s 2006, 2007, and 2008 financial statements. Each of the audit reports stated that the underlying audit was conducted in accordance with the standards of the Public Company Accounting Oversight Board ("PCAOB Standards"), and that Medifast’s financial statements were presented fairly in conformity with U.S. generally accepted accounting principles ("GAAP"). In reality, Medifast’s financial statements were not presented fairly in conformity with GAAP due to material errors resulting from Medifast’s failure to properly account for its income tax provision and resulting income tax expense during the affected years, and its failure to implement and maintain adequate internal controls. These failures led to material misstatements in Medifast’s financial statements from 2006 through 2008. Nochimson did not in fact audit Medifast’s financial statements in accordance with the PCAOB Standards during that period, and his failure to do so resulted in a failure to detect the material misstatements. The Order finds that Nochimson did not conduct Medifast’s audits in accordance with PCAOB Standards from 2006 through 2008 because he failed to exercise due professional care and professional skepticism, failed to obtain the necessary training and proficiency in the area of income taxes, failed to adequately plan and supervise the audits, failed to obtain sufficient competent evidential matter, and failed to prepare and retain adequate work paper documentation. The Order finds that based on the above conduct, Nochimson engaged in improper professional conduct under Rule 102(e)(ii) of the Commission’s Rules of Practice. Without admitting or denying the findings, Nochimson agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. In related actions, the Commission instituted settled cease-and-desist proceedings against Medifast, and instituted settled administrative and cease-and-desist proceedings against Brendan N. Connors, Medifast’s former Vice-President of Finance, for violations of the reporting, books and records, and internal controls provisions of the Exchange Act. Medifast agreed to an order requiring it to cease-and-desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder and to pay a $200,000 penalty. Connors agreed to an order requiring him to cease-and-desist from committing or causing any violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13b2-1 thereunder and to pay a $40,000 penalty. Connors also agreed to a one-year suspension from appearing or practicing before the Commission as an accountant. (Rel. 34-70449) In the Matter of Altus Pharmaceuticals, Inc.An Administrative Law Judge issued an Order Making Findings and Revoking Registrations as to Five Respondents by Default (Default Order) in Altus Pharmaceuticals, Inc., Admin. Proc. File No. 3-15418. The Default Order found that Altus Pharmaceuticals, Inc., Cargo Connection Logistics Holding, Inc., Globus International Resources Corp., Kingston Systems, Inc., and Mega Media Group, Inc., have securities registered with the Securities and Exchange Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934, each failed to file required periodic reports, and that the evidence supported revocation of their registered securities as necessary or appropriate for the protection of investors. (Rel. 34-70453) Commission Revokes Registration of Securities of Seven Respondents by Default for Failure to Make Required Periodic FilingsAn Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default (Default Order) in AIMS Worldwide, Inc., Admin. Proc. File No. 3-15419. The Order Instituting Proceedings alleged that Respondents repeatedly failed to file timely periodic reports while their securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true as to Respondents AIMS Worldwide, Inc., Apollo Capital Group, Inc., CommunitySouth Financial Corp., Last Mile Logistics Group, Inc., Made in America Entertainment, Inc., Millenia Hope, Inc., and Winfield Capital Corp. and revokes the registration of each class of their registered securities, pursuant to Section 12(j) of the Securities Exchange Act of 1934. (Rel. 34-70431) Commission Orders Hearings on Registration Suspension or Revocation against Eight Companies for Failure to Make Required Periodic FilingsIn 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 eight companies for failure to make required periodic filings with the Commission: In the Matter of American Energy Production, Inc., et al., Administrative Proceeding File No. 3-15496
In this Order, the Division of Enforcement (Division) alleges that the eight 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. 34-70433) Commission Orders Hearings on Registration Suspension or Revocation against Four Companies for Failure to Make Required Periodic FilingsIn conjunction with these trading suspensions, the Commission today also instituted a public administrative proceeding to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of four companies for failure to make required periodic filings with the Commission: In the Matter of A.G. Volney Center, Inc. (f/k/a Buddha Steel, Inc.), et al., Administrative Proceeding File No. 3-15497
In these proceedings, 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/or 13a-13 thereunder, are true. The judge in the proceedings 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 the proceedings issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-70434) Commission Orders Hearings on Registration Suspension or Revocation Against Eight Companies for Failure to Make Required Periodic FilingsIn conjunction with these trading suspensions, the Commission today also instituted a public administrative proceeding to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of eight companies for failure to make required periodic filings with the Commission: In the Matter of Municipal Mortgage & Equity LLC, et al., Administrative Proceeding File No. 3-15498
In this Order, the Division of Enforcement (Division) alleges that the Respondents are delinquent in their required periodic filings with the Commission. In these proceedings, 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/or 13a-13 thereunder, are true. The judge in the proceedings 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 the proceedings issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-70436) Commission Orders Hearings on Registration Suspension or Revocation against Four Companies for Failure to Make Required Periodic FilingsIn conjunction with these trading suspensions, the Commission today also instituted a public administrative proceeding to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of four companies for failure to make required periodic filings with the Commission:In the Matter of Patch International, Inc., et al., Administrative Proceeding File No. 3-15499
In this Order, the Division of Enforcement (Division) alleges that the Respondents are delinquent in their required periodic filings with the Commission. In these proceedings, 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/or 13a-13 thereunder, are true. The judge in the proceedings 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 the proceedings issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-70438) Investment company ordersThe Northwestern Mutual Life Insurance Company, et al.An order has been issued pursuant to Section 26(c) and 17(b) of the Investment Company Act of 1940 (the "Act") on an application filed by the Northwestern Mutual Life Insurance Company, et al. ("Applicants"). The order permits the Applicants to substitute shares of certain registered management investment companies for shares of other registered management investment companies. The order also exempts them from Section 17(a) of the Act to the extent necessary to permit certain in-kind transactions in connection with the substitutions. (Rel. IC-30690 - September 18, 2013) Self-regulatory organizationsImmediate Effectiveness of Proposed Rule ChangeA proposed rule change filed by BATS-Y Exchange, Inc. to eliminate references to obsolete functionality (SR-BYX-2013-032) 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 September 23rd. (Rel. 34-70440) A proposed rule change filed by BATS Exchange, Inc. to eliminate references to obsolete functionality (SR-BATS-2013-050) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of September 23rd. (Rel. 34-70441) A proposed rule change filed by ICE Clear Europe Limited (File No. SR-ICEEU-2013-12) under Section 19(b)(1) of the Securities Exchange Act of 1934 to clear contracts traded on ICE Endex 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 September 23rd. (Rel. 34-70444) 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.
S-8 DYCOM INDUSTRIES INC, 11770 U.S. HIGHWAY 1, SUITE 101,
PALM BEACH GARDENS, FL, 33408, 5616277171 -
3,000,000 ($79,132,052.98) Equity, (File 333-191198 - Sep. 17) (BR. 06A)
S-1 Xun Energy, Inc., 12759 NE WHITAKER WAY, #C453, PORTLAND, OR, 97230,
775-200-0505 - 79,081,633 ($52,314.69) Equity, (File 333-191200 -
Sep. 17) (BR. 02B)
S-1 Montalvo Spirits, Inc., 112 NORTH CURRY STREET, 4326 LAUREL GLEN DRIVE,
MOORPARK,, CA, 93021, 775-284-3703 - 9,100,000 ($3,458,000.00) Equity,
(File 333-191201 - Sep. 17) (BR. 02)
S-B HUNGARY, 223 EAST 52ND STREET, NEW YORK, NY, 10022, (212) 752-0669 -
0 ($4,532,762,500.00) Debt, (File 333-191209 - Sep. 17) (BR. DN)
S-3ASR FIVE BELOW, INC, 1818 MARKET STREET, SUITE 1900, PHILADELPHIA, PA,
19103, 215 546 7909 - 0 ($0.00) Equity, (File 333-191210 - Sep. 17)
(BR. 02A)
S-1 CombiMatrix Corp, 310 GODDARD, SUITE 150, IRVINE, CA, 92618,
949-753-0624 - 0 ($11,500,000.00) Equity, (File 333-191211 - Sep. 17)
(BR. 10A)
S-4 MERCANTILE BANK CORP, 310 LEONARD STREET NW, GRAND RAPIDS, MI, 49504,
616 406-3000 - 0 ($153,637,500.00) Equity, (File 333-191212 - Sep. 17)
(BR. 07C)
F-1 voxeljet AG, PAUL-LENZ STRASSE 1, FRIEDBERG, 2M, 86316,
(49) 821 7483 100 - 0 ($100,000,000.00) Other, (File 333-191213 -
Sep. 17) (BR. 10B)
F-3 AVINO SILVER & GOLD MINES LTD, 570 GRANVILLE STREET, SUITE 900,
VANCOUVER BC CANADA, A1, V6C 3P1, 6046823701 -
13,500,000 ($13,500,000.00) Equity, (File 333-191214 - Sep. 17)
(BR. 09A)
S-3 RTI SURGICAL, INC., 11621 RESEARCH CIRCLE, ALACHUA, FL, 32615,
386-418-8888 - 0 ($57,066,689.76) Equity, (File 333-191215 - Sep. 17)
(BR. 10B)
S-8 WESTERN DIGITAL CORP, 3355 MICHELSON DRIVE, SUITE 100, IRVINE, CA,
92612, 9499325000 - 0 ($62,651,011.00) Equity, (File 333-191216 -
Sep. 17) (BR. 03B)
S-8 CONCURRENT COMPUTER CORP/DE, 4375 RIVER GREEN PARKWAY, SUITE 100,
DULUTH, GA, 30097, 6782584000 - 658,012 ($5,053,532.16) Equity,
(File 333-191217 - Sep. 17) (BR. 03B)
S-1 Prothena Corp plc, 25-28 NORTH WALL QUAY, DUBLIN, L2, DUBLIN 1,
353 1 709 4700 - 5,750,000 ($115,115,000.00) Equity, (File 333-191218 -
Sep. 17) (BR. 01B)
S-1 AERIE PHARMACEUTICALS INC, 7020 KIT CREEK ROAD, SUITE 270,
RESEARCH TRIANGLE PARK, NC, 27709, 919-313-9650 -
0 ($57,500,000.00) Equity, (File 333-191219 - Sep. 17) (BR. 01B)
S-1 POSITIVEID Corp, 1690 SOUTH CONGRESS AVENUE, SUITE 200, DELRAY BEACH,
FL, 33445, 561-805-8008 - 6,000,000 ($300,000.00) Equity,
(File 333-191220 - Sep. 17) (BR. 11C)
F-1 QIWI, 12-14 KENNEDY AVE., KENNEDY BUSINESS CENTRE, OFFICE 203, NICOSIA,
G4, 1087, 01135722653390 - 0 ($314,832,899.00) ADRs/ADSs,
(File 333-191221 - Sep. 17) (BR. 02)
Form 8-K is used by companies to file current reports on the following events:
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 NUMBERS DATE COMMENT
22nd Century Group, Inc. NV 1.01,7.01,9.01 09/17/13
Accretive Health, Inc. DE 3.01,9.01 09/16/13
ACELRX PHARMACEUTICALS INC DE 5.07 09/12/13
ADOBE SYSTEMS INC DE 2.02,9.01 09/17/13
AFFIRMATIVE INSURANCE HOLDINGS INC DE 1.01,7.01,8.01,9.01 09/16/13
AGENUS INC DE 8.01,9.01 09/17/13
AgFeed Industries, Inc. NV 1.01,2.01,9.01 09/12/13
AIR INDUSTRIES GROUP, INC. DE 7.01,9.01 09/17/13
Ally Financial Inc. DE 7.01,9.01 09/17/13
ALTRIA GROUP, INC. VA 7.01,8.01,9.01 09/16/13
AMERICAN CAPITAL, LTD 7.01,9.01 09/17/13
AMERICAN CORDILLERA MINING Corp NV 1.01,3.02,9.01 06/28/13
American Express Receivables Financin DE 8.01,9.01 09/17/13
American Midstream Partners, LP DE 7.01,9.01 09/17/13
Ancestry.com LLC DE 5.02,8.01,9.01 09/11/13
AOL Inc. DE 5.02 09/16/13
Arista Power, Inc. NY 1.01,8.01,9.01 09/11/13
As Seen On TV, Inc. FL 5.07 09/16/13
ATLANTIC TELE NETWORK INC /DE DE 5.03,9.01 09/12/13
Avago Technologies LTD U0 5.02,7.01,9.01 09/13/13
AXCELIS TECHNOLOGIES INC DE 5.02,9.01 09/16/13
BANC OF CALIFORNIA, INC. MD 9.01 07/01/13 AMEND
BERRY PLASTICS GROUP INC DE 7.01,9.01 09/17/13
BIRNER DENTAL MANAGEMENT SERVICES INC CO 1.01,1.02,2.03,9.01 09/13/13
Blue Water Petroleum Corp. 7.01,9.01 09/17/13
BOB EVANS FARMS INC DE 7.01,9.01 09/17/13
BOB EVANS FARMS INC DE 5.02,9.01 08/16/13 AMEND
BOISE INC. DE 1.01,7.01,9.01 09/16/13
BUCKLE INC NE 8.01,9.01 09/17/13
BUKA VENTURES INC. NV 1.01,9.01 09/13/13
CADUS CORP DE 8.01 09/17/13
Cape Bancorp, Inc. MD 5.03,9.01 09/16/13
Capital Group Holdings, Inc. MN 4.01,5.02,9.01 09/16/13
Cardium Therapeutics, Inc. DE 8.01,9.01 09/16/13
CATERPILLAR FINANCIAL SERVICES CORP DE 1.01,2.03,9.01 09/12/13
CATERPILLAR INC DE 1.01,2.03,9.01 09/17/13
CBL & ASSOCIATES PROPERTIES INC DE 7.01,8.01,9.01 09/17/13
CH2M HILL COMPANIES LTD DE 5.02,5.03,9.01 09/12/13
CHAMBERS STREET PROPERTIES MD 1.01,5.02,7.01,8.01 09/11/13
CHINA FUND INC MD 7.01,9.01 08/31/13
CHINA NORTHERN MEDICAL DEVICE INC 5.01,5.02 09/10/13 AMEND
Clean Coal Technologies Inc. NV 1.01,8.01,9.01 09/13/13
CMS ENERGY CORP MI 7.01,9.01 09/17/13
COGNIZANT TECHNOLOGY SOLUTIONS CORP 5.03,9.01 09/16/13
Cole Office & Industrial REIT (CCIT I MD 1.01,9.01 09/17/13
COLUMBIA PROPERTY TRUST, INC. MD 7.01,9.01 09/17/13
COMPETITIVE TECHNOLOGIES INC DE 3.02 09/17/13
COOPER COMPANIES INC DE 1.01,2.03,7.01,9.01 09/12/13
Corporate Resource Services, Inc. DE 1.01,2.03,9.01 09/17/13
COTY INC. 2.02,9.01 09/17/13
COVER ALL TECHNOLOGIES INC DE 5.02,7.01,9.01 09/17/13
Cryoport, Inc. NV 5.02,9.01 09/13/13
CU Bancorp CA 8.01 09/13/13
CUBIST PHARMACEUTICALS INC DE 1.01,2.01,9.01 09/11/13
CVR Refining, LP DE 8.01,9.01 09/17/13
DAILY JOURNAL CORP SC 1.01,9.01 09/13/13
Diamond Resorts International, Inc. DE 1.01,2.03,9.01 09/11/13
Digital Cinema Destinations Corp. DE 2.02,9.01 09/17/13
DIGITAL RIVER INC /DE DE 5.02,9.01 09/12/13
DISH Network CORP NV 5.02 09/17/13
Dixie Foods International, Inc FL 4.01 09/17/13
DOLLAR TREE INC VA 1.01,2.03,7.01,9.01 09/13/13
EAGLE BANCORP INC MD 8.01,9.01 09/17/13
ECOTALITY, INC. NV 1.03,2.03,2.04,5.02,9.01 09/16/13
ELECTRONIC ARTS INC. DE 5.02,9.01 09/17/13
EMC INSURANCE GROUP INC IA 7.01 09/17/13
EMC METALS CORP. A1 1.01 09/13/13
EMCLAIRE FINANCIAL CORP PA 8.01,9.01 09/17/13
EMCORE CORP NJ 1.01,9.01 09/13/13
EMMAUS LIFE SCIENCES, INC. DE 1.01,3.02,8.01,9.01 09/11/13
Energy Transfer Partners, L.P. DE 1.01,7.01,9.01 09/12/13
ENPRO INDUSTRIES, INC NC 5.02 09/11/13
Ensco plc 7.01,9.01 09/17/13
ENVIRONMENTAL SOLUTIONS WORLDWIDE INC FL 8.01,9.01 09/16/13
ENVIVIO INC DE 5.02,8.01 09/17/13
ESB FINANCIAL CORP PA 8.01,9.01 09/17/13
EXPEDITORS INTERNATIONAL OF WASHINGTO WA 7.01 09/16/13
FACTSET RESEARCH SYSTEMS INC DE 2.02,9.01 09/17/13
FALCONSTOR SOFTWARE INC DE 1.01,3.02,5.02,9.01 09/16/13
Federal Home Loan Bank of Atlanta X1 2.03 09/11/13
Federal Home Loan Bank of Boston X1 2.03 09/11/13
Federal Home Loan Bank of Chicago X1 2.03 09/11/13
Federal Home Loan Bank of Cincinnati X1 2.03,9.01 09/12/13
Federal Home Loan Bank of Des Moines X1 2.03,9.01 09/13/13
Federal Home Loan Bank of Indianapoli X1 2.03,9.01 09/17/13
Federal Home Loan Bank of Indianapoli X1 5.02,9.01 09/13/13
Federal Home Loan Bank of New York X1 2.03,9.01 09/11/13
Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 09/11/13
Federal Home Loan Bank of San Francis X1 2.03 09/11/13
Federal Home Loan Bank of Seattle 2.03 09/11/13
Federal Home Loan Bank of Topeka 2.03,9.01 09/11/13
FEDERATED NATIONAL HOLDING CO FL 5.07 09/16/13 AMEND
FIRST CITIZENS BANC CORP /OH OH 7.01,9.01 09/13/13
FIRSTENERGY CORP OH 5.02,9.01 09/17/13
FORD CREDIT FLOORPLAN MASTER OWNER TR DE 8.01,9.01 09/17/13
Forestar Group Inc. DE 7.01,9.01 09/17/13
Frank's International N.V. P7 2.02,9.01 09/17/13
FURNITURE BRANDS INTERNATIONAL INC DE 1.01,2.03,7.01 09/11/13
GAIN Capital Holdings, Inc. DE 7.01,9.01 09/17/13
Gold Hill Resources, Inc. NV 2.01,3.02,5.01,5.02,5.06,9.01 06/13/13 AMEND
GOLDEN GLOBAL CORP. NV 5.02 09/12/13 AMEND
GRAFTECH INTERNATIONAL LTD DE 8.01 09/09/13
GREEN DOT CORP DE 7.01,9.01 09/17/13
GREEN DOT CORP DE 5.02 09/11/13
Green Plains Renewable Energy, Inc. IA 8.01,9.01 09/17/13
HARBINGER GROUP INC. DE 8.01 09/16/13
HD Supply Holdings, Inc. DE 2.02,7.01,9.01 09/17/13
HEALTH MANAGEMENT ASSOCIATES, INC DE 5.02 09/11/13
HELMERICH & PAYNE INC DE 1.01,9.01 09/16/13
HORNBECK OFFSHORE SERVICES INC /LA DE 8.01,9.01 09/17/13
HSN, Inc. DE 5.02,9.01 09/13/13
HUMANA INC DE 8.01 09/16/13
ID Perfumes, Inc. NV 1.02,9.01 09/09/13
INCYTE CORP DE 3.02 09/16/13
Intermec, Inc. DE 1.02,2.01,3.01,3.03,5.01, 09/17/13
5.02,5.03,9.01
InvenSense Inc DE 5.07 09/13/12
INVIVO THERAPEUTICS HOLDINGS CORP. NV 5.02 09/16/13
James River Coal CO VA 8.01,9.01 09/16/13
Jefferies Group LLC DE 2.02,9.01 09/17/13
KYTHERA BIOPHARMACEUTICALS INC DE 7.01,8.01,9.01 09/16/13
LAKELAND INDUSTRIES INC DE 8.01,9.01 09/13/13
Laredo Petroleum Holdings, Inc. DE 7.01,9.01 09/17/13
LEAR CORP DE 5.02 09/11/13
LEE ENTERPRISES, INC DE 4.02,9.01 09/17/13
LEUCADIA NATIONAL CORP NY 2.02,9.01 09/17/13
LIBERTY SILVER CORP NV 8.01,9.01 09/16/13
LIQUIDMETAL TECHNOLOGIES INC DE 5.01,9.01 09/13/13
LYRIS, INC. 5.03,9.01 09/13/13
Madison County Financial, Inc. MD 8.01,9.01 09/16/13
MAGELLAN MIDSTREAM PARTNERS LP DE 5.02,7.01,9.01 09/16/13
Mandalay Digital Group, Inc. DE 1.01,9.01 09/16/13
Manitex International, Inc. MI 7.01,9.01 09/17/13
MANITOWOC CO INC WI 7.01,9.01 09/16/13
Matson, Inc. HI 7.01,9.01 09/17/13
MDU COMMUNICATIONS INTERNATIONAL INC DE 5.02 09/13/13
MEDINA INTERNATIONAL HOLDINGS, INC. CO 8.01 09/17/13
MEMSIC Inc 2.01,3.01,3.03,5.01,5.02, 09/17/13
5.03,5.07,8.01,9.01
MICHAEL BAKER CORP PA 5.04,9.01 09/11/13
Midway Gold Corp A1 7.01 09/17/13
Millennial Media Inc. DE 7.01,8.01,9.01 09/17/13
MIMVI, INC. NY 9.01 07/01/13 AMEND
Minerco Resources, Inc. NV 8.01,9.01 09/17/13
MobileSmith, Inc. DE 2.03,3.02 09/13/13
MPHASE TECHNOLOGIES INC NJ 8.01 09/17/13
MVP REIT, Inc. MD 2.01 09/17/13
NATURAL RESOURCE PARTNERS LP DE 1.01,8.01,9.01 09/13/13
NB&T FINANCIAL GROUP INC OH 8.01 09/17/13
Nevada Gold Corp. DE 1.01,2.01,5.01,5.06,9.01 09/01/13
NEWLINK GENETICS CORP 8.01,9.01 09/17/13
NEXSTAR BROADCASTING GROUP INC DE 7.01,9.01 09/17/13
NORTHERN MINERALS & EXPLORATION LTD. NV 7.01 09/17/13
NorthStar Healthcare Income, Inc. MD 1.01 09/13/13
NovaBay Pharmaceuticals, Inc. CA 7.01,8.01,9.01 09/16/13
NV5 Holdings, Inc. DE 8.01,9.01 09/17/13
Ocera Therapeutics, Inc. DE 2.05,8.01,9.01 09/11/13
OCLARO, INC. DE 1.01,2.01,2.02,5.02,7.01,9.01 09/11/13
Oculus Innovative Sciences, Inc. CA 5.07 09/12/13
ODYSSEY MARINE EXPLORATION INC NV 5.02,8.01,9.01 09/13/13
OSH 1 LIQUIDATING Corp DE 8.01,9.01 09/16/13
Pacific Ethanol, Inc. DE 1.01,8.01,9.01 09/13/13
PACIFIC GOLD CORP NV 5.07 09/11/13
PACKAGING CORP OF AMERICA 1.01,7.01,9.01 09/16/13
PALADIN REALTY INCOME PROPERTIES INC MD 1.01 09/13/13
PALMETTO BANCSHARES INC SC 7.01,9.01 09/16/13
PAREXEL INTERNATIONAL CORP MA 5.02 09/11/13
PC TEL INC DE 5.02 09/11/13
PERNIX THERAPEUTICS HOLDINGS, INC. MD 1.01,2.01,2.04,9.01 09/11/13
Phillips Edison - ARC Shopping Center MD 8.01,9.01 09/12/13
PIER 1 IMPORTS INC/DE DE 7.01,9.01 09/17/13
POLYMER GROUP INC DE 1.01,2.03,8.01,9.01 09/17/13
PROVIDENCE SERVICE CORP DE 5.02,9.01 09/13/13
PURADYN FILTER TECHNOLOGIES INC DE 7.01,9.01 09/17/13
PVR PARTNERS, L. P. DE 1.01,9.01 09/13/13
QUINT MEDIA INC. NV 4.01 09/16/13
RED MOUNTAIN RESOURCES, INC. FL 1.01,9.01 09/12/13
REGENERX BIOPHARMACEUTICALS INC DE 1.01,2.03,3.02,9.01 09/12/13
REGIONS FINANCIAL CORP DE 7.01,9.01 09/17/13
REPROS THERAPEUTICS INC. DE 7.01,9.01 09/16/13
REPUBLIC AIRWAYS HOLDINGS INC DE 7.01,9.01 09/17/13
REYNOLDS AMERICAN INC 1.01,1.02,2.03,2.04,8.01,9.01 09/12/13
Rockwood Holdings, Inc. DE 7.01,9.01 09/17/13
RTI SURGICAL, INC. DE 9.01 07/16/13 AMEND
SABA SOFTWARE INC DE 2.02,9.01 09/17/13
SAExploration Holdings, Inc. DE 7.01,9.01 09/16/13
Samson Oil & Gas LTD C3 2.02,9.01 09/16/13
SANDISK CORP DE 5.02,5.03,9.01 09/11/13
SANGAMO BIOSCIENCES INC DE 8.01,9.01 09/12/13
SAVE THE WORLD AIR INC NV 5.02,8.01 09/16/13
SB FINANCIAL GROUP, INC. OH 7.01,9.01 09/16/13
SELECTIVE INSURANCE GROUP INC NJ 7.01,9.01 09/17/13
SHERWIN WILLIAMS CO OH 1.01,9.01 09/16/13
Silverton Adventures, Inc. NV 5.03,9.01 09/17/13
SIMMONS FIRST NATIONAL CORP AR 1.01,9.01 09/12/13
SmartPros Ltd. DE 5.07 06/20/13 AMEND
SMITH & WESSON HOLDING CORP NV 7.01,9.01 09/17/13
SolarWinds, Inc. DE 5.02 09/11/13
SolarWinds, Inc. DE 9.01 05/24/13 AMEND
SOUTHCOAST FINANCIAL CORP SC 7.01 09/17/13
SPARTON CORP OH 7.01,9.01 09/17/13
SPRINGLEAF FINANCE CORP IN 8.01,9.01 09/17/13
SPRINGLEAF FINANCE CORP IN 7.01 09/17/13
Standard Drilling, Inc. 1.01,2.01,3.02,4.01,5.01, 09/16/13 AMEND
5.02,5.06,9.01
STARBUCKS CORP WA 5.02 09/17/13
STERLING BANCORP NY 7.01,9.01 09/17/13
STERLING FINANCIAL CORP /WA/ WA 1.01,9.01 09/11/13
STEVEN MADDEN, LTD. DE 8.01,9.01 09/12/13
Sucampo Pharmaceuticals, Inc. 1.01,9.01 09/11/13
Sutor Technology Group LTD NV 2.02,7.01,9.01 09/17/13
SWIFT TRANSPORTATION Co 7.01,9.01 09/17/13
SWS GROUP INC DE 5.02,9.01 09/16/13
Tower Group International, Ltd. D0 8.01,9.01 09/17/13
TOYOTA MOTOR CREDIT CORP CA 1.01,2.03,9.01 09/13/13
TOYS R US INC DE 2.02,9.01 09/17/13
TOYS R US INC DE 7.01,9.01 09/17/13
Transocean Ltd. V8 7.01,8.01,9.01 09/17/13
Triangle Petroleum Corp DE 1.01,8.01,9.01 09/12/13
TWENTY-FIRST CENTURY FOX, INC. 8.01,9.01 09/17/13
UFP TECHNOLOGIES INC DE 5.02,7.01,9.01 09/11/13
UMPQUA HOLDINGS CORP OR 1.01,9.01 09/11/13
UMPQUA HOLDINGS CORP OR 8.01,9.01 09/17/13
United Health Products, Inc. NV 7.01,9.01 09/17/13
UNITED STATES CELLULAR CORP DE 5.02 09/13/13
UniTek Global Services, Inc. DE 4.01 09/17/13
US ECOLOGY, INC. DE 7.01,9.01 09/17/13
US WIRELESS ONLINE INC 2.02,9.01 12/31/11
Victory Electronic Cigarettes Corp NV 7.01,9.01 09/17/13
Viggle Inc. DE 2.02,9.01 09/17/13
VISA INC. DE 8.01 09/16/13
Vishay Precision Group, Inc. DE 5.02 09/16/13
VISTEON CORP DE 2.02,7.01,9.01 09/17/13
VISUALANT INC NV 5.03,9.01 08/12/13 AMEND
Vitacost.com, Inc. DE 5.02,9.01 09/12/13
WELLPOINT, INC IN 5.02,9.01 09/13/13
WESTELL TECHNOLOGIES INC DE 5.07 09/16/13
Wolverine Exploration Inc. NV 5.02,5.07,9.01 09/13/13
XcelMobility Inc. NV 9.01 05/07/13 AMEND
Xhibit Corp. NV 5.02,9.01 09/11/13
ZIONS BANCORPORATION /UT/ UT 8.01,9.01 09/12/13
http://www.sec.gov/news/digest/2013/dig091813.htm
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