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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-137
July 18, 2011

Enforcement Proceedings

Commission Revokes Exchange Act Registration Of American Stellar Energy, Inc. (N/K/A Tara Gold Resources Corp.)

The Commission has revoked the registration of the securities of American Stellar Energy, Inc. (n/k/a Tara Gold Resources Corp.), pursuant to Section 12(j) of the Securities Exchange Act of 1934. The Commission found that the company violated Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 by failing to file its 2008 audited annual report and quarterly reports from 2008 and 2009. The Commission also found that all of the required period reports filed after the issuance of the Commission's Order Instituting Proceedings had been delinquent, with the exception of the March 2011 quarterly report. The Commission determined that this failure to file was serious, recurrent and evidenced a high degree of culpability. The Commission concluded that revoking the registration of the company's registered securities was warranted for the protection of investors. (Rel. 34-64897; File No.: 3-13881).

SEC Obtains Injunction and Over $112,000 In Monetary Relief Against Former Private Equity Associate Found Liable In Insider Trading Ring

The Securities and Exchange Commission announced that The Honorable Susan Illston of the United States District Court for the Northern District of California on July 14, 2011 ordered former TPG Capital, L.P. (“TPG”) private equity associate Vinayak S. Gowrish to pay in excess of $112,000, consisting of $12,000 in disgorgement (with interest to be calculated thereon) and a $100,000 civil penalty, for his role in a serial insider trading ring. Judge Illston also issued a permanent injunction against Gowrish enjoining him from future violations of the antifraud provisions of the federal securities laws (Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder). A federal jury on February 3, 2011 found Gowrish liable for illegally tipping material, nonpublic information that TPG was in negotiations to acquire three separate publicly traded companies: Sabre Holdings Corp. (“Sabre”), TXU Corp. (“TXU”), and Alliance Data Systems Corp. (“ADS”).

The Commission’s complaint alleged – and the jury found – that Gowrish, a former associate at multi-billion dollar private equity firm TPG, misappropriated material nonpublic information from his employer in connection with TPG’s negotiations to acquire Sabre, TXU, and ADS. Gowrish tipped the confidential acquisition information to his long-time friend, Adnan Zaman, a former investment banker at Lazard Frères & Co. LLC. Zaman, in turn, tipped the information to their two friends, Pascal S. Vaghar and Sameer N. Khoury. On the basis of the information provided by Gowrish through Zaman, Vaghar and Khoury then traded Sabre, TXU, and ADS securities, realizing approximately $375,000 in illicit profits. The Commission’s complaint alleged that, in exchange for the confidential information, Vaghar provided cash kickbacks to both Gowrish and Zaman. The jury found that Gowrish violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.

Zaman, Vaghar, and Khoury previously consented to the entry of final judgments permanently enjoining them from violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Zaman and Vaghar were also enjoined from violations of Section 14(e) of the Exchange Act and Rule 14e-3 thereunder. Zaman is currently serving a 26-month federal prison sentence for his role in the scheme. [SEC v. Vinayak S. Gowrish, 09-CV- 5883 (SI) (N.D. Cal.)] (LR- 22039).

District Court Orders West To Pay $1,254,975.43 in Disgorgement, Prejudgment Interest and Civil Penalty

The Commission announced that the Honorable John Antoon II, Senior District Judge of the United States District Court for the Middle District of Florida granted the Commission’s Motions to Set Disgorgement and Civil Penalty Amounts as to Defendant Darrel West. The Court ordered West to pay disgorgement of $606,413.31 (representing profits gained as a result of the conduct alleged against him in the Complaint) together with prejudgment interest thereon in the amount of $42,148.81. The Court also ordered West to pay a civil penalty in the amount of $606,413.31 for a total liability of $1,254,975.43. West controlled Defendant Own My Travel, LLC. Previously, the Court entered Judgments of Permanent Injunction against West and Own My Travel. The Judgments, entered by consent, enjoin West and Own My Travel from violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. The Commission voluntarily dismissed with prejudice its previous claims for disgorgement and civil penalties against Own My Travel and disgorgement against Professionally Assisted Marketing, Inc. as both companies are currently defunct.

The Commission filed its complaint on August 14, 2009, against West, Own My Travel and Professionally Assisted Marketing, LLC as a relief defendant. The complaint alleged the defendants misrepresented Own My Travel as a legitimate multi-level marketing company when it was actually a fraudulent pyramid scheme premised on the sale of memberships and thus destined to collapse, leaving investors with substantial losses. The complaint also alleged that West and Own My Travel misled investors about Own My Travel’s business structure and how it generated revenue, the future commissions investors would purportedly receive on a monthly basis, the risks associated with the Own My Travel investment, and West’s failures running a similar predecessor company. [SEC v. Darrel West et al., Case No. 6:09-CV-1419 (M.D. Fla.)] (LR-22041).

SEC Obtains Final Judgment as to Defendant Danielle Chiesi

The SEC announced that the Honorable Jed S. Rakoff, United States District Judge, United States District Court for the Southern District of New York, entered a Final Judgment as to Danielle Chiesi on July 12, 2011, in the SEC’s insider trading case, SEC v. Galleon Management, LP, et al., 09-CV-8811 (SDNY) (JSR). The SEC filed its action on October 16, 2009, against Raj Rajaratnam, Galleon Management, LP, Danielle Chiesi and others, alleging a widespread insider trading scheme involving hedge funds, industry professionals, and corporate insiders.

At the time of the alleged conduct, Chiesi was a consultant and portfolio manager at New Castle Funds LLC, formerly a registered hedge fund investment adviser. The SEC alleged that Chiesi traded on and tipped others to material, nonpublic information she learned from corporate insiders about Akamai Technologies, Inc., Sun Microsystems, Inc., IBM, and Advanced Micro Devices Inc.

The Final Judgment entered against Chiesi: (1) permanently enjoins her from violations of Section 10(b) of the Exchange Act of 1934 (“Exchange Act”) and Exchange Act Rule 10b-5, and Section 17(a) of the Securities Act of 1933 (“Securities Act”); and (2) orders her liable for disgorgement of ill-gotten gains of $500,000, together with prejudgment interest of $40,534.90, for a total of $540,534.90. Chiesi awaits sentencing in a parallel criminal action against her in which she pleaded guilty, United States v. Chiesi, 10 CR 1184 (RJH) (SDNY). [SEC v. Galleon Management, LP, et al., Civil Action No. 09-CV-8811 (SDNY) (JSR)] (LR- 22042)

SEC Charges James M. Peister and Northstar International Group, Inc. For Conducting Ponzi Scheme

On July 14, 2011, the Securities and Exchange Commission filed a settled civil action in the United States District Court for the Eastern District of New York against James M. Peister and Northstar International Group, Inc. (Northstar). The Commission’s complaint alleges that, from 2003 through 2009, Peister and Northstar intentionally overstated the assets of the North American Globex Fund, LP (Globex Fund) and in so doing they: (1) provided investors and prospective investors with materially false and misleading sales materials claiming an improbable track record of consistent positive monthly returns; (2) issued materially false and misleading account statements to Globex Fund investors; and (3) issued materially false and misleading financial statements. Peister and Northstar engaged in this conduct at a time when the Globex Fund’s actual assets made it impossible to repay all investors either their principal or their share of the purported gain. Furthermore, in order to perpetuate the fraudulent scheme Peister and Northstar continued to solicit new investors.

Peister and Northstar have agreed to settle the Commission’s charges, without admitting or denying the complaint’s allegations. Under the settlement, Peister and Northstar consented to a judgment permanently enjoining them from violating Section 17(a) of the Securities Act of 1933 (Securities Act), Section 10(b) of the Securities and Exchange Act (Exchange Act) and Rule 10b-5 thereunder, and Sections 206(1), 206(2) and 206(4) of the Investment Advisers Act of 1940 (Advisers Act) and Rule 206(4)-8 thereunder. The judgment provides that the amounts of any disgorgement and civil penalties will be determined at a later date. The proposed judgments are subject to court approval. [SEC v. James M. Peister, et al., Civil Action No. 11-cv-3386 (E.D.N.Y.)] (LR- 22043)

SEC Obtains Final Judgment Against Daniel L. DeVore

The SEC announced that the Honorable Jed S. Rakoff, United States District Judge, United States District Court for the Southern District of New York, entered a Final Judgment as to Daniel L. DeVore on July 12, 2011, in the SEC’s insider trading case, SEC v. Mark Anthony Longoria, et al., 11-CV-0753 (SDNY) (JSR). The SEC filed its Complaint on February 3, 2011, charging two expert network employees and four consultants with insider trading for illegally tipping hedge funds and other investors. On February 8, 2011, the SEC filed an Amended Complaint, charging a New York-based hedge fund and four hedge fund portfolio managers and analysts who illegally traded on confidential information obtained from technology company employees moonlighting as expert network consultants. The scheme netted more than $30 million from trades based on material, nonpublic information about such companies as AMD, Seagate Technology, Western Digital, Fairchild Semiconductor, and Marvell. The charges were the first against traders in the SEC's ongoing investigation of insider trading involving expert networks.

The SEC alleged that DeVore, a Global Supply Manager at Dell, was privy to confidential information about Dell’s internal sales forecasts as well as information about the pricing and volume of Dell’s purchases from its suppliers. DeVore regularly provided Primary Global Research LLC (“PGR”) and PGR clients with this inside information so it could be used to trade securities. From 2008 to 2010, DeVore received approximately $145,000 for talking to PGR and its clients.

The Final Judgment entered against DeVore: (1) permanently enjoins him from violations of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), Exchange Act Rule 10b-5, and Section 17(a) of the Securities Act of 1933; (2) orders him liable for disgorgement of ill-gotten gains of $145,750, together with prejudgment interest of $6,098.50, for a total of $151,848.50; and (3) permanently bars him from acting as an officer or director of a public company. Based on DeVore’s agreement to cooperate with the SEC, the Court is not ordering Defendant to pay a civil penalty. [SEC v. Mark Anthony Longoria, et al., Civil Action No. 11-CV- 0753 (SDNY) (JSR)] (LR- 22044).

Court Enters Final Judgment Against Defendant Glenn R. Harris

The Securities and Exchange Commission announced that on July 12, 2011, the Honorable Leonard D. Wexler of the United States District Court for the Eastern District of New York entered a final judgment on consent against Defendant Glenn R. Harris, a former registered representative of Advanced Planning Securities, Inc., a former registered broker-dealer. The judgment (i) permanently enjoins Harris from violating Section 5 of the Securities Act of 1933 and (ii) finds Harris liable for disgorgement and prejudgment interest of $673,989, but waives payment of that amount and imposes no civil penalty based on Harris’s bankruptcy petition in the United States Bankruptcy Court for the Northern District of California, sworn bankruptcy schedules, and other documents. Harris consented to the entry of the judgment without admitting or denying any of the allegations of the Commission’s complaint.

The Commission’s complaint, filed on October 22, 2009, alleges that from 2004 through 2006, Harris violated the registration provisions of the securities laws by selling securities for which there was no registration statement in effect. Among other things, the complaint alleges that Harris sold securities to elderly, unsophisticated investors who could not have been expected to understand the risks associated with the investments.

In addition to the relief described above, Harris consented to the entry of an order in a separate Commission administrative proceeding barring him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating agency, and from participating in any offering of a penny stock, with the right to apply for reentry after eighteen months. [SEC v. Charles C. Slowey, Jr., et al., Civil Action No. 09 Civ. 4547 (LDW) (ETB) (E.D.N.Y.)] (LR-22045)

Consent Judgments Against Robert D. Orr, Leland G. Orr, Michael S. Lowry, Michael S. Hess, and Travis W. Vrbas, Former Senior Executives of Kansas-based Brooke Corporation and its other, publicly-traded subsidiaries.

The Securities and Exchange Commission announced that the United States District Court for the District of Kansas entered judgments, dated July 13, 2011, against five former senior executives of Kansas-based Brooke Corporation and its other, publicly-traded subsidiaries, Brooke Capital Corporation, an insurance agency franchisor, and Aleritas Capital Corporation, a lender to insurance agency franchises and other businesses. Robert D. Orr, Leland G. Orr, Michael S. Lowry, Michael S. Hess, and Travis W. Vrbas, without admitting or denying the Commission’s allegations, consented to judgments enjoining them from future violations of the federal securities laws, barring them from serving as officers or directors of public companies, and requiring the payment of disgorgement and penalties. The SEC Complaint alleges that in SEC filings and other public statements for year-end 2007, and the first and second quarters of 2008, senior executives at the Brooke companies misrepresented, among other things, the number of Brooke Capital franchisees, and their financial health, the deterioration of Aleritas’ corresponding loan portfolio, and the increasingly dire liquidity and financial condition of the Brooke companies.

The judgments enjoin each of the defendants from violating Sections 17(a)(1) and 17(a)(3) of the Securities Act of 1933, and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 10b-5 and 13b2-1 thereunder, and from aiding and abetting violations Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20 and 13a-13 thereunder. The judgments further enjoin Robert Orr, Leland Orr, Lowry, and Hess from violating Exchange Act Rule 13b2-2; Robert Orr, Leland Orr, Hess, and Vrbas from violating Exchange Act Rule 13a-14 and from aiding and abetting violations of Rule 13a-1; Robert Orr and Hess from aiding and abetting violations of Exchange Act Rule 13a-11; and Robert Orr from violating Exchange Act Section 16(a) and Rule 16a-3 thereunder.

In addition to the injunctions, the judgments bar the defendants from serving as an officer or director of a public company. Lowry’s judgment requires him to pay a $175,000 civil penalty and disgorgement of $214,500, with prejudgment interest of $24,004.91. Hess’ judgment requires him to pay a $250,000 civil penalty, and Vrbas’ judgment requires him to pay a $130,000 civil penalty. The judgments against Robert Orr and Leland Orr require them to pay civil penalties and disgorgement in amounts to be determined by the Court. (LR-22046). [SEC v. Robert D. Orr, Leland G. Orr, Michael S. Lowry, Michael S. Hess, Kyle L. Garst, and Travis W. Vrbas, Case No. 11-CV-2251 WEB/KGG (D. Kansas)] (LR-22046).

In the Matter of Kadar M. Josey

The United States Securities and Exchange Commission (Commission) announced the issuance of an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions (Order) against Kadar M. Josey (Josey). The Order finds that Josey was the secretary and chief financial officer of Elite Resources LLC (Elite) and the secretary of Elite3 Holding Corp (Elite3), and that Josey acted as unregistered broker-dealer by representing to investors that they could acquire bank guarantees in exchange for a percentage of the face value of the guarantee or for a fee. On June 23, 2011, a judgment was entered by consent against Josey, permanently enjoining him from future violations of Sections 5(a) and (c) and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, in the civil action entitled Securities and Exchange Commission v. Elite Resources, et al., Civil Action Number 1:10-CV-3522, in the United States District Court for the Northern District of Georgia.

The Order finds that the Commission’s complaint alleged the following facts: From at least April 8, 2010 through at least August 20, 2010, Josey, along with his co-defendant Patricia Diane Gruber, and the companies they operated, Elite and Elite3, raised approximately $2.85 million from at least nine investors. In raising these funds, the defendants represented that investors could draw upon bank issued guarantees worth millions of dollars, in one case representing a 40,000% return on investment, without having to repay the withdrawn funds. The defendants further represented that investor funds would be held in escrow until the bank guarantees were issued. Both of these representations were false in that no such bank guarantees existed and that defendants used almost all of the funds for several undisclosed purposes immediately upon receipt. When investors demanded performance, the defendants provided them with a fictitious guarantee certificate purportedly issued by Barclays Bank.

Based on the above, the Order bars Josey from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization and from participating in any offering of a penny stock, including: acting as a promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock. Josey 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. 34-64912; File No. 3-14469

Delinquent Filer’s Stock Registration Revoked

The registration of the securities of Communitronics of America, Inc. (n/k/a RPM Advantage, 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. (Initial Decision No. 423; File No. 3-14301)

Self-Regulatory Organizations

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by NASDAQ OMX PHLX LLC (SR-Phlx-2011-98) to correct a typographical error in Rule 1020 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 July 18th. (Rel. 34-64891)

Notice of Proposed Rule Changes

NASDAQ OMX BX, Inc. filed with the Securities and Exchange Commission a proposed rule change under Rule 19b-4 (SR-BX-2011-045) requesting permanent approval of pilot program to permit BOX to accept inbound routes by NOS. Publication is expected in the Federal Register during the week of July 18th. (Rel. 34-64896)

Notice of Designation of a Longer Period for Commission Action

The Commission has designated a longer period within which to take action on a proposed rule change (SR-BATS-2011-018), submitted by BATS Exchange, Inc. pursuant to Rule 19b-4 under the Securities Exchange Act of 1934, to adopt rules for the qualification, listing, and delisting of companies on the Exchange. Publication is expected in the Federal Register during the week of July 18th. (Rel. 34-64889)

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     ORBCOMM Inc., 2115 LINWOOD AVENUE, SUITE 100, FORT LEE, NJ, 07024, 
        201-363-4900 - 2,455,988 ($7,785,481.96) Equity, (File 333-175577 - 
        Jul. 15) (BR. 11A)

S-3     PROVECTUS PHARMACEUTICALS INC, 7327 OAK RIDGE HWY, SUITE B, KNOXVILLE, 
        TN, 37931, 865-769-4011 - 0 ($50,000,000.00) Equity, (File 333-175578 - 
        Jul. 15) (BR. 01B)

S-1     Norwegian Cruise Line Holdings Ltd., 7665 CORPORATE DRIVE, MIAMI, FL, 
        33126, 305-436-4000 - 0 ($250,000,000.00) Equity, (File 333-175579 - 
        Jul. 15) (BR. )

S-3     PREMIER EXHIBITIONS, INC., 3340 PEACHTREE ROAD NE, SUITE 900, ATLANTA, 
        GA, 30326, 404-842-2600 - 0 ($9,166,111.00) Equity, (File 333-175581 - 
        Jul. 15) (BR. 05B)

S-3ASR  BOTTOMLINE TECHNOLOGIES INC /DE/, 325 CORPORATE DRIVE, PORTSMOUTH, NH, 
        03801, 6034360700 - 0 ($0.00) Unallocated (Universal) Shelf, 
        (File 333-175582 - Jul. 15) (BR. 03A)

S-3D    American Realty Capital Trust, Inc., 106 OLD YORK ROAD, JENKINTOWN, PA, 
        19046, 215.887.2189 - 0 ($228,000,000.00) Equity, (File 333-175589 - 
        Jul. 15) (BR. 08B)

S-1     VITAS GROUP, INC., ITALIA #32-81 Y MARIANA DE JESUS, QUITO, H1, 
        EC 170102, 011593026000404 - 2,000,000 ($100,000.00) Equity, 
        (File 333-175590 - Jul. 15) (BR. )

S-4     UNIVERSAL AMERICAN CORP., SIX INTERNATIONAL DRIVE, SUITE 190, 
        RYE BROOK, NY, 10573, 914-934-5200 - 0 ($40,000,000.00) Equity, 
        (File 333-175591 - Jul. 15) (BR. 01C)

S-3     PHARMACYCLICS INC, PHARMACYCLICS INC, 995 E ARQUES AVE, SUNNYVALE, CA, 
        94085-4521, 408 774 0330 - 
        0 ($150,000,000.00) Unallocated (Universal) Shelf, (File 333-175592 - 
        Jul. 15) (BR. 01B)

S-8     DATALINK CORP, 7423 WASHINGTON AVENUE SOUTH, MINNEAPOLIS, MN, 55439, 
        6129443462 - 0 ($10,769,687.50) Equity, (File 333-175593 - Jul. 15) 
        (BR. 03A)

S-4     BURLINGTON COAT FACTORY WAREHOUSE CORP, 1830 RTE 130, BURLINGTON, NJ, 
        08016, 6093877800 - 0 ($450,000,000.00) Non-Convertible Debt, 
        (File 333-175594 - Jul. 15) (BR. 02C)

S-1     Demandware Inc, 1050 WINTER STREET, SUITE 1000, WALTHAM, MA, 02451, 
        617-499-6976 - 0 ($100,000,000.00) Equity, (File 333-175595 - Jul. 15) 
        (BR. )

S-1     MICHAEL FOODS GROUP, INC., 301 CARLSON PARKWAY, SUITE 400, MINNETONKA, 
        MN, 55305, 952-258-4000 - 0 ($1.00) Non-Convertible Debt, 
        (File 333-175596 - Jul. 15) (BR. 05B)

S-4     CDW Corp, 200 N MILWAUKEE AVE, VERNON HILLS, IL, 60061, 847-465-6000 - 
        0 ($1,675,000,000.00) Non-Convertible Debt, (File 333-175597 - Jul. 15) 
        (BR. 02B)

S-8     ARGAN INC, ONE CHURCH STREET SUITE 401, ROCKVILLE, MD, 20850, 
        301 315-0027 - 0 ($5,175,000.00) Equity, (File 333-175598 - Jul. 15) 
        (BR. 06B)

S-3ASR  BANK OF AMERICA CORP /DE/, BANK OF AMERICA CORPORATE CENTER, 
        100 N TRYON ST, CHARLOTTE, NC, 28255, 7043868486 - 
        0 ($0.00) Non-Convertible Debt, (File 333-175599 - Jul. 15) (BR. 07C)

S-1     Vu1 CORP, 469 SEVENTH AVENUE,, SUITE 356, NEW YORK,, NY, 10018, 
        888-985-8881 - 11,754,301 ($4,760,492.00) Equity, (File 333-175600 - 
        Jul. 15) (BR. 11C)

S-8     KB HOME, 10990 WILSHIRE BLVD, LOS ANGELES, CA, 90024, 3102314000 - 
        4,000,000 ($38,360,000.00) Equity, (File 333-175601 - Jul. 15) (BR. 06B)

S-1     TURBOSONIC TECHNOLOGIES INC, 550 PARKSIDE DRIVE, STE A-14, WATERLOO, 
        A6, N2L 5V4, 5198855513 - 8,000,000 ($3,080,000.00) Equity, 
        (File 333-175602 - Jul. 15) (BR. 06C)

S-3ASR  Oasis Petroleum Inc., 1001 FANNIN STREET, SUITE 1500, HOUSTON, TX, 
        77002, 281-404-9500 - 0 ($0.00) Unallocated (Universal) Shelf, 
        (File 333-175603 - Jul. 15) (BR. 04B)

S-8     URANERZ ENERGY CORP., 1701 EAST "E" STREET, P.O. BOX 50850, CASPER, WY, 
        82605-0850, 307-265-8900 - 20,000,000 ($60,400,000.00) Equity, 
        (File 333-175604 - Jul. 15) (BR. 04C)

S-8     MONSTER WORLDWIDE INC, 622 THIRD AVE, 39TH FL, NEW YORK, NY, 10017, 
        212 351 7000 - 5,750,000 ($77,107,500.00) Equity, (File 333-175606 - 
        Jul. 15) (BR. 11A)

N-2     DIVIDEND & INCOME FUND, INC., 11 HANOVER SQUARE, NEW YORK, NY, 10005, 
        2127850400 - 232,018 ($1,000,000.00) Equity, (File 333-175607 - 
        Jul. 15) (BR. 16)

S-8     MICROSEMI CORP, 2381 MORSE AVENUE, IRVINE, CA, 92614, 949-221-7100 - 
        0 ($1,714,725.00) Equity, (File 333-175608 - Jul. 15) (BR. 10B)

S-8     BEST BUY CO INC, 7601 PENN AVE SOUTH, RICHFIELD, MN, 55423, 
        6122911000 - 0 ($391,040,000.00) Equity, (File 333-175609 - Jul. 15) 
        (BR. 02C)

S-4     Whitestone REIT, 2600 SOUTH GESSNER, SUITE 500, HOUSTON, TX, 77063, 
        713-827-9595 - 1,321,431 ($17,244,688.00) Equity, (File 333-175610 - 
        Jul. 15) (BR. 08C)

S-1     Dave & Buster's Entertainment, Inc., 2481 MANANA DRIVE, DALLAS, TX, 
        75220, 214-357-9588 - 0 ($150,000,000.00) Equity, (File 333-175616 - 
        Jul. 15) (BR. )

S-8     Sustainable Environmental Technologies Corp, 2377 W. FOOTHILL BLVD., 
        SUITE #18, UPLAND, CA, 91786, (435) 608-1344 - 
        20,000,000 ($1,500,000.00) Equity, (File 333-175617 - Jul. 15) (BR. 06C)

S-8     LEXINGTON REALTY TRUST, ONE PENN PLAZA, SUITE 4015, NEW YORK, NY, 
        10119, (212) 692-7200 - 9,150,675 ($83,271,142.50) Equity, 
        (File 333-175618 - Jul. 15) (BR. 08B)

S-1     GREENWAY MEDICAL TECHNOLOGIES INC, 1340 NORTH PARK STREET, CARROLLTON, 
        GA, 30117, 11,610 ($1.16) Equity, (File 333-175619 - Jul. 15) (BR. )

S-4     CLEAN HARBORS INC, 42 LONGWATER DRIVE, P.O. BOX 9149, NORWELL, MA, 
        02061-9149, 781-792-5000 - 0 ($250,000,000.00) Debt, (File 333-175621 - 
        Jul. 15) (BR. 06C)

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


ABAKAN, INC                             NV       4.01,9.01            07/15/11

ADCARE HEALTH SYSTEMS INC               OH       9.01                 04/29/11    AMEND

ADCARE HEALTH SYSTEMS INC               OH       9.01                 05/31/11    AMEND

ADVANCED ENVIRONMENTAL RECYCLING TECH   DE       5.07                 07/14/11

AFFYMETRIX INC                          DE       1.01                 07/11/11

ALIGN TECHNOLOGY INC                    DE       9.01                 04/29/11    AMEND

ALLIANCE DATA SYSTEMS CORP              DE       7.01,9.01            07/15/11

ALLIANCEBERNSTEIN HOLDING L.P.          DE       7.01,9.01            07/14/11

ALLIANCEBERNSTEIN L.P.                  DE       7.01,9.01            07/14/11

Alto Group Holdings Inc.                NV       1.01                 07/11/11

Alto Group Holdings Inc.                NV       3.02                 07/14/11    AMEND

AMARIN CORP PLC\UK                      X0       2.02,5.02,5.07       07/12/11

AMEREN CORP                             MO       8.01                 07/13/11

American Energy Fields, Inc.            DE       4.02                 07/14/11

AMERICAN EXPRESS CO                     NY       7.01                 07/15/11

AMERICAN POST TENSION, INC.             DE       2.01,5.01,5.02,5.03, 07/15/11
                                                 5.07,9.01
     
AMES NATIONAL CORP                      IA       2.02,7.01,9.01       07/15/11

ANGIOTECH PHARMACEUTICALS INC                    1.02,5.02            07/12/11

ANNALY CAPITAL MANAGEMENT INC           MD       1.01,9.01            07/11/11

APPLIED DNA SCIENCES INC                DE       1.01,3.01,5.02       07/11/11

APRIA HEALTHCARE GROUP INC              DE       5.02                 07/11/11

Aquilex Holdings LLC                    DE       5.02                 07/11/11

Arcis Resources Corp                    NV       1.01,2.01,2.03,3.02, 7/15/11
                                                 5.02,5.03,9.010

Argo Group International Holdings, Lt            1.01,9.01            07/11/11

ARROW FINANCIAL CORP                    NY       2.02,9.01            07/15/11

ARTESIAN RESOURCES CORP                 DE       8.01                 07/15/11

ARTIFICIAL LIFE INC                     DE       4.01,9.01            03/30/11

ATLANTIC POWER CORP                     A1       5.02,7.01,9.01       07/12/11

Atlas Capital Holdings, Inc.            NV       1.02,9.01            07/15/11

AXIS CAPITAL HOLDINGS LTD                        8.01,9.01            07/14/11

BIOTIME INC                             CA       8.01,9.01            07/15/11

BOISE CASCADE HOLDINGS, L.L.C.          DE       1.01,1.02,2.03       07/13/11

BOTTOMLINE TECHNOLOGIES INC /DE/        DE       8.01,9.01            07/15/11

BRAZIL GOLD CORP.                       NV       1.01,9.01            07/07/11

BUILD A BEAR WORKSHOP INC               DE       4.01,9.01            07/11/11

CABELAS INC                             DE       7.01,9.01            07/15/11

CANANDAIGUA NATIONAL CORP               NY       8.01,9.01            07/15/11

CANO PETROLEUM, INC                              5.02,9.01            07/11/11

CAPELLA EDUCATION CO                             1.01,9.01            07/15/11

CAPITAL ONE FINANCIAL CORP              DE       7.01,9.01            07/14/11

Carey Watermark Investors Inc                    9.01                 05/05/11    AMEND

Carter Validus Mission Critical REIT,   MD       7.01,9.01            07/15/11

Casablanca Mining Ltd.                  NV       9.01                 06/15/11    AMEND

Cavitation Technologies, Inc.           NV       1.01,3.02            06/14/11

CB RICHARD ELLIS REALTY TRUST           MD       1.01,2.03,8.01       07/08/11

CENTURYLINK, INC                        LA       8.01                 07/15/11

CHASE CREDIT CARD MASTER TRUST          NY       8.01,9.01            07/15/11

China Agricorp, Inc                     NV       1.01,2.01,3.02,5.01, 02/11/11    AMEND
                                                 5.03,9.01
     
China Biologic Products, Inc.                    8.01,9.01            07/15/11

China Infrastructure Investment CORP    NV       2.06                 07/11/11

China SHESAYS Medical Cosmetology Inc   NV       4.02                 07/15/11

China Tractor Holdings, Inc.            DE       5.02                 06/22/11

CHINA VALVES TECHNOLOGY, INC            NV       5.07                 07/15/11

CITIBANK OMNI-S MASTER TRUST                     8.01                 07/15/11

CITIGROUP INC                           DE       2.02,9.01            07/15/11

CITIZENS & NORTHERN CORP                PA       2.02,9.01            07/15/11

CLEAN HARBORS INC                       MA       8.01,9.01            07/15/11

CMS ENERGY CORP                         MI       1.01                 07/11/11

COEUR D ALENE MINES CORP                ID       5.02,5.03,7.01,9.01  07/11/11

Comstock Homebuilding Companies, Inc.   DE       1.01,2.03,3.02,9.01  07/12/11

CONAGRA FOODS INC /DE/                  DE       5.02                 07/11/11

Cooper Industries plc                            8.01,9.01            07/15/11

CORNING NATURAL GAS CORP                NY       1.01,9.01            07/14/11

CRACKER BARREL OLD COUNTRY STORE, INC   TN       2.05,5.02,7.01,9.01  07/13/11

CROWN CRAFTS INC                        DE       1.01,9.01            07/14/11

CUBIST PHARMACEUTICALS INC              DE       2.01                 07/11/11

Cyclacel Pharmaceuticals, Inc.          DE       1.01                 07/11/11

DCP Holding CO                          OH       5.02,9.01            07/13/11

Dehaier Medical Systems Ltd                      5.02,9.01            07/12/11

Delek US Holdings, Inc.                          2.01,9.01            04/28/11    AMEND

DEWMAR INTERNATIONAL BMC, INC.          NV       1.01,9.01            07/11/11    AMEND

DIGAGOGO VENTURES CORP                  DE       1.01,2.01,2.03,3.02  07/15/11

DOUGLAS DYNAMICS, INC                   DE       5.02                 07/14/11

EAGLE BANCORP INC                       MD       1.01,3.02,3.03,5.03, 07/14/11
                                                 8.01,9.01
     
ECB BANCORP INC                         NC       1.01,9.01            07/14/11

ECOLOGY COATINGS, INC.                  NV       1.01                 07/15/11

EDUCATIONAL DEVELOPMENT CORP            DE       2.02,9.01            07/14/11

EL PASO CORP/DE                         DE       5.07                 05/17/11    AMEND

ENDOCYTE INC                            DE       7.01,9.01            07/14/11

ENGLOBAL CORP                           NV       8.01,9.01            07/14/11

ENTERGY CORP /DE/                       DE       7.01,9.01            07/14/11

ENVIRONMENTAL SOLUTIONS WORLDWIDE INC   FL       1.01,1.02,3.02,9.01  07/12/11

ENVIRONMENTAL TECTONICS CORP            PA       5.02                 07/13/11

ESTEE LAUDER COMPANIES INC              DE       1.01,2.03,9.01       07/14/11

EVERGREEN ENERGY INC                    DE       1.02                 07/11/11

EVERGREEN SOLAR INC                     DE       8.01                 07/14/11

EVOLUTION PETROLEUM CORP                NV       1.01,9.01            07/15/11

FEMALE HEALTH CO                        WI       2.02,7.01,9.01       07/15/11

FEMALE HEALTH CO                        WI       5.07                 03/24/11    AMEND

First California Financial Group, Inc   DE       1.01,3.02,9.01       07/14/11

FIRST CHINA PHARMACEUTICAL GROUP, INC   NV       2.01,3.02,5.02,5.06, 09/15/10    AMEND
                                                 9.01
          
FIRST CITIZENS BANC CORP /OH            OH       2.02,9.01            07/15/11

FIRST HORIZON NATIONAL CORP             TN       2.02,9.01            07/15/11

FIRST HORIZON NATIONAL CORP             TN       7.01,9.01            07/15/11

FISCHER WATT GOLD CO INC                NV       1.01,9.01            07/13/11

FLAGSTAR BANCORP INC                    MI       5.02                 07/14/11

FRANKLIN FINANCIAL SERVICES CORP /PA/   PA       8.01,9.01            07/15/11

GENUINE PARTS CO                        GA       2.02,9.01            07/15/11

GEO GROUP INC                           FL       8.01,9.01            07/11/11

GeoBio Energy, Inc.                     CO       1.01,8.01,9.01       07/12/11

Global Geophysical Services Inc         DE       5.02,8.01,9.01       07/15/11

GOLDEN CENTURY RESOURCES Ltd            DE       1.01,3.02,9.01       07/12/11

GREEN DOT CORP                          DE       7.01                 07/14/11    AMEND

GS FINANCIAL CORP                       LA       3.01,3.03,5.01       07/15/11

GUARANTY FEDERAL BANCSHARES INC         DE       2.02,9.01            07/15/11

GULFPORT ENERGY CORP                    DE       1.01,7.01,8.01,9.01  07/11/11

HEARTLAND EXPRESS INC                   NV       5.02,5.07            07/11/11

HEMACARE CORP /CA/                      CA       1.01,1.02,2.01,9.01  07/11/11

Huifeng Bio-Pharmaceutical Technology   NV       4.01,9.01            04/11/11

HUNT J B TRANSPORT SERVICES INC         AR       2.02,9.01            07/14/11

HUTCHINSON TECHNOLOGY INC               MN       7.01                 07/15/11

IMMUCOR INC                             GA       8.01,9.01            07/15/11

IMPERIAL PETROLEUM INC                  NV       5.02,9.01            07/13/11

INDEPENDENCE HOLDING CO                 DE       8.01,9.01            07/15/11

India Globalization Capital, Inc.       MD       2.02,7.01,9.01       07/14/11

INERGETICS INC                          DE       1.01,3.02,5.02,5.03, 07/14/11
                                                 9.01
          
InspireMD, Inc.                         DE       5.02,7.01,9.01       07/11/11

Invesco Ltd.                            D0       5.07                 05/26/11    AMEND

IROBOT CORP                             DE       1.01,2.03,9.01       07/12/11

ITRACKR SYSTEMS INC                     FL       2.01,4.02,9.01       07/13/11

IVANHOE ENERGY INC                               7.01,9.01            06/02/11

Iveda Solutions, Inc.                   NV       9.01                 04/30/11    AMEND

JOY GLOBAL INC                          DE       1.01,2.03,7.01,9.01  07/11/11

KAISER ALUMINUM CORP                    DE       8.01,9.01            07/14/11

KEY ENERGY SERVICES INC                 MD       1.01,5.03,7.01,9.01  07/13/11

LAKE AREA CORN PROCESSORS LLC           SD       3.03                 07/12/11

LEE ENTERPRISES, INC                    DE       2.02,3.01,7.01,9.01  07/08/11

Legend Oil & Gas, Ltd.                  CO       8.01,9.01            07/12/11

LEXARIA CORP.                           NV       3.02,7.01,9.01       07/15/11

LEXICON UNITED INC                      DE       2.01,5.02,5.03,5.05, 07/15/11
                                                 8.01,9.01
     
LITHIUM TECHNOLOGY CORP                 DE       8.01,9.01            07/15/11

LKQ CORP                                DE       7.01,9.01            07/12/11

LOOKSMART LTD                           DE       5.07                 07/12/11

Maiden Holdings, Ltd.                   D0       8.01,9.01            07/12/11

MAJESCO ENTERTAINMENT CO                DE       2.01,9.01            06/03/11    AMEND

MARSH & MCLENNAN COMPANIES, INC.        DE       1.01,2.03,9.01       07/12/11

MATTEL INC /DE/                         DE       2.02,8.01,9.01       07/15/11

MAXIMUS INC                             VA       5.07                 03/18/11    AMEND

MESA ROYALTY TRUST/TX                   TX       2.02,9.01            07/15/11

MESABI TRUST                            NY       2.02,9.01            07/15/11

MICROMET, INC.                          DE       1.01,8.01,9.01       07/11/11

Millennium India Acquisition CO Inc.    DE       8.01,9.01            07/15/11

MISSION COMMUNITY BANCORP               CA       5.07                 06/01/11

MOHEGAN TRIBAL GAMING AUTHORITY                  2.02,9.01            07/15/11

MONEYGRAM INTERNATIONAL INC                      5.02,9.01            07/11/11

MOTRICITY INC                           DE       1.01,5.02,9.01       07/11/11

NATIONAL BEVERAGE CORP                  DE       2.02,9.01            07/15/11

NEAH POWER SYSTEMS, INC.                NV       3.03,5.03,9.01       07/14/11

NEFFS BANCORP INC                       PA       5.07,8.01,9.01       07/12/11

NEWMONT MINING CORP /DE/                DE       8.01                 07/15/11

NEWS CORP                                        8.01,9.01            07/15/11

Nissan Auto Lease Trust 2011-A          DE       8.01,9.01            07/14/11

Oasis Petroleum Inc.                    DE       8.01,9.01            07/15/11

OIL STATES INTERNATIONAL, INC           DE       1.01,2.03,9.01       07/13/11

Oilsands Quest Inc                               8.01,9.01            07/15/11

OXYGEN BIOTHERAPEUTICS, INC.            DE       2.02,9.01            07/14/11

PAR TECHNOLOGY CORP                     DE       5.02                 07/12/11

PEGASYSTEMS INC                         MA       5.02,5.07,9.01       07/12/11

PENNS WOODS BANCORP INC                 PA       2.02,9.01            07/14/11

PENSON WORLDWIDE INC                    DE       8.01                 07/15/11

PHARMACYCLICS INC                       DE       8.01                 07/14/11

PIONEER DRILLING CO                     TX       1.01,8.01,9.01       07/14/11

PROGRESS ENERGY INC                     NC       8.01                 07/11/11

RADIANT SYSTEMS INC                     GA       5.02                 07/11/11

RAILAMERICA INC /DE                     DE       8.01                 07/14/11

RALCORP HOLDINGS INC /MO                MO       2.02,5.02,7.01,9.01  07/14/11

Real Mex Restaurants, Inc.              DE       5.02,9.01            07/11/11

RECOVERY ENERGY, INC.                   NV       5.02,9.01            07/11/11

RELIANCE STEEL & ALUMINUM CO            CA       8.01,9.01            07/14/11

REMEDENT, INC.                          NV       2.02,7.01,9.01       07/15/11

RENT A CENTER INC DE                             1.01,1.02,2.03,9.01  07/14/11

ResourceRealEstateOpportunityREIT      MD        8.01                 12/31/10

Riverview Financial Corp                PA       5.02,8.01,9.01       07/14/11

RJO GLOBAL TRUST                                 5.03,9.01            07/13/11

ROYAL CARIBBEAN CRUISES LTD                      5.02                 07/14/11

ROYAL MINES & MINERALS CORP             NV       3.02                 07/13/11

SARATOGA RESOURCES INC /TX              TX       1.01,1.02,2.03,3.02, 07/11/11
                                                 8.01,9.01
     
SAVVIS, Inc.                            DE       1.02,2.01,3.01,3.03, 07/15/11
                                                 5.01,5.02,5.03,9.01

        
Sensata Technologies Holding N.V.       P7       5.02,9.01            07/12/11

SEVERN BANCORP INC                      MD       2.02,9.01            07/15/11

Shire plc                                        8.01,9.01            07/15/11

SIMULATIONS PLUS INC                             8.01,9.01            07/14/11

Sino Clean Energy Inc                   NV       1.01,9.01            07/11/11

Sino Green Land Corp                    NV       4.01,5.02,8.01,9.01  07/10/11    AMEND

SINOCOKING COAL & COKE CHEMICAL INDUS   FL       7.01,9.01            07/15/11

SMITH & WESSON HOLDING CORP             NV       5.02,9.01            07/12/11

SMITH MICRO SOFTWARE INC                DE       5.02                 07/14/11

SOUNDBITE COMMUNICATIONS INC                     5.02,9.01            07/08/11    AMEND

SOUTHERN UNION CO                       DE       7.01,8.01            07/14/11

SPOT MOBILE INTERNATIONAL LTD.          DE       2.04                 07/12/11

SRA INTERNATIONAL INC                   DE       8.01                 07/14/11

SRA INTERNATIONAL INC                   DE       5.07,8.01,9.01       07/15/11

SRA INTERNATIONAL INC                   DE       8.01,9.01            07/15/11

State Auto Financial CORP               OH       8.01,9.01            07/12/11

STEEL DYNAMICS INC                      IN       8.01,9.01            07/13/11

STEELCASE INC                           MI       5.03,5.07,9.01       07/13/11

STELLAR RESOURCES LTD                   NV       2.01,9.01            07/15/11

STRATASYS INC                           DE       9.01                 05/03/11    AMEND

STRATEGIC HOTELS & RESORTS, INC                  1.01,2.03,7.01,9.01  07/14/11

SYNTROLEUM CORP                         DE       8.01                 07/15/11

TECUMSEH PRODUCTS CO                    MI       5.02                 07/15/11

TEXAS INDUSTRIES INC                    DE       2.02,9.01            07/13/11

TOWERSTREAM CORP                        DE       1.01,8.01,9.01       07/15/11

Tree.com, Inc.                          DE       1.01,2.03,5.02,9.01  07/11/11

TRUSTCO BANK CORP N Y                   NY       8.01,9.01            07/15/11

U. S. Premium Beef, LLC                          7.01,9.01            07/15/11

UNIVERSAL AMERICAN CORP.                DE       9.01                 07/15/11

VALMONT INDUSTRIES INC                  DE       2.02,5.02,9.01       07/11/11

VICON INDUSTRIES INC /NY/               NY       1.01                 07/14/11

ViewPoint Financial Group Inc.          MD       8.01,9.01            07/15/11

WALGREEN CO                             IL       5.02,8.01,9.01       07/13/11

WEBSTER FINANCIAL CORP                  DE       2.02,9.01            07/15/11

Westinghouse Solar, Inc.                DE       3.01                 07/13/11

WILLIAMS COMPANIES INC                  DE       7.01,8.01,9.01       07/15/11

WOLVERINE WORLD WIDE INC /DE/           MI       5.02                 07/14/11

Wonder Auto Technology, Inc             NV       5.02                 07/12/11

WORLDSTAR ENERGY, CORP.                 NV       2.01,9.01            06/30/08

WORLDSTAR ENERGY, CORP.                 NV       1.01,3.02,9.01       06/29/11

ZION OIL & GAS INC                      DE       7.01,9.01            07/15/11

ZIOPHARM ONCOLOGY INC                   DE       5.02,9.01            07/08/11

 

http://www.sec.gov/news/digest/2011/dig071811.htm


Modified: 07/16/2011