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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2011-192
October 4, 2011

Commission Announcements

Michael A. Conley Named SEC’s Deputy General Counsel

Washington, D.C., October 4, 2011 – The Securities and Exchange Commission announced today that Michael A. Conley has been named a Deputy General Counsel in the SEC’s Office of General Counsel.

Mr. Conley has been promoted from the position of Deputy Solicitor and will serve as Deputy General Counsel for Litigation and Adjudication, a role in which he will help oversee enforcement matters, appellate cases, and adjudications.

Mr. Conley joined the Commission in October 2000, and has served as the Jennings Attorney Fellow, a Senior Special Counsel, and the Deputy Solicitor. Mr. Conley has extensive litigation experience and a deep knowledge of the U.S. securities laws combined with a background in law office management.

“Michael is a spectacular lawyer who will bring to his new position an extraordinary breadth of experience,” said SEC General Counsel Mark Cahn. “I have benefited from Michael’s wise counsel since I joined the Commission, and I know that he has earned, in his roles as Senior Special Counsel and Deputy Solicitor, the deep respect of his colleagues here at the SEC. I am delighted that he has agreed to serve in this new position.”

Mr. Conley said, “I have great respect for the talented and dedicated staff of the General Counsel's Office, who provide vital support to the Commission and its Divisions and Offices in carrying out the agency’s mission of protecting investors. I look forward to continuing to work alongside the staff in my new role, and I thank Chairman Schapiro and Mark Cahn for this tremendous opportunity.”

Mr. Conley began his legal career by serving as a law clerk, first for Judge Abner J. Mikva of the U.S. Court of Appeals for the D.C. Circuit and then for U.S. Supreme Court Justice Harry A. Blackmun. He received his JD in 1989 from Boston University School of Law, where he graduated first in a class of 425 and was the Editor-in-Chief of the Boston University Law Review. He earned his BA from Iona College in 1984.

Mr. Conley replaces Anne Small who has left the Commission to take a position at the White House as Special Assistant to the President and Associate Counsel to the President. (Press Rel. 2011-200)

ENFORCEMENT PROCEEDINGS

In the Matter of Amerex Group, Inc., et al.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registrations by Default as to Five Respondents (Default Order) in Amerex Group, Inc., Admin. Proc. No. 3-14543. The Order Instituting Proceedings alleged that Respondents repeatedly failed to file required annual and quarterly reports while their securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true and revokes the registration of each class of registered securities of Amerex Group, Inc., AmeriChip International, Inc., Amish Naturals, Inc., Banker’s Store Inc. (The), and Champion Parts, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934.

The proceeding has ended as to Respondent Gray Peaks, Inc. See Amerex Group, Inc., Exchange Act Release No. 65443 (Sept. 30, 2011). (Rel. 34-65474; File No. 3-14543)

Commission Revokes Registration of Securities of Iquniverse, Inc. For Failure to Make Required Periodic Filings

On October 4, 2011, the Commission revoked the registration of each class of registered securities of IQUniverse, Inc. (IQUniverse) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, IQUniverse consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to IQUniverse, Inc. finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of IQUniverse’s securities pursuant to Section 12(j) of the Exchange Act. This Order settled the proceedings brought against IQUniverse in In the Matter of Interactive Therapeutics, Inc., et al., Administrative Proceeding File No. 3-14545.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Interactive Therapeutics, Inc., et al., Administrative Proceeding File No. 3-14545, Exchange Act Release No. 65320, September 12, 2011. (Rel. 34-65475; File No. 3-14545)

Commission Revokes Registration of Securities of Shepaug Corp. For Failure to Make Required Periodic Filings

On October 4, 2011, the Commission revoked the registration of each class of registered securities of Shepaug Corp. for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, Shepaug Corp. consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to Shepaug Corp. finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of Shepaug Corp.’s securities pursuant to Section 12(j) of the Exchange Act. This Order settled the proceedings brought against Shepaug Corp. in In the Matter of Shepaug Corp., et al., Administrative Proceeding File No. 3-14513.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Shepaug Corp., et al., Administrative Proceeding File No. 3-14513, Exchange Act Release No. 65190, August 24, 2011. (Rel. 34-65476; File No. 3-14513)

Former Regional Investment Banking Firm Chairman Settles Insider Trading Case; Parallel Criminal Case Has Also Been Concluded

The Securities and Exchange Commission announced that it has reached a settlement of its pending insider trading charges against Richard A. Hansen, the former Chairman of Keystone Equities Group, a registered broker-dealer and regional investment bank. The Commission’s complaint, originally filed on September 27, 2010, alleged that Hansen received illegal tips concerning pending acquisitions from his then-employee and close personal friend Donna Murdoch; that Murdoch had learned of the acquisitions through her close personal relationship with James Gansman, then an Ernst & Young (“E&Y”) partner who worked on the transactions for E&Y clients; and that Hansen traded on the illegal tips through accounts in others’ names and also passed on one of the tips to his longtime friend Stuart Kobrovsky, a retired stockbroker, who likewise traded.

Without admitting or denying the allegations—except to the extent they are embraced by his guilty plea and conviction in the parallel criminal case of United States v. Hansen, 1:10-cr-875-PAC-1 (S.D.N.Y., judgment entered May 13, 2011) (hereinafter the “parallel criminal case”), which he admits—Hansen has agreed to settle the Commission’s allegations against him, and his settlement papers were submitted to the Court for its consideration. In particular, Hansen signed a consent that provides—subject to approval by the Court—for the entry of a final judgment permanently enjoining him against future violations of the Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The final judgment to which Hansen consented would further order that he is liable for a combined total in disgorgement and prejudgment interest of $63,038, comprising all the profits flowing from his own illegal trading, which he conducted through the accounts of his daughters and Murdoch, according to the Commission’s Complaint. Of that total, $32,222 would be deemed satisfied by the order of criminal forfeiture entered against Hansen in the parallel criminal case, leaving a balance due of $30,816, which Hansen would be required to pay within 30 days after entry of the Final Judgment, or within 60 days after his release from prison in the parallel criminal case, whichever is later. Finally, the Final Judgment would bar Hansen permanently from serving as an officer or director of any public company. Additionally, Hansen consented, in related administrative proceedings, to the entry of a Commission order that would bar him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, or from participating in any offering of a penny stock.

The parallel criminal case was filed by the United States Attorneys’ Office for the Southern District of New York on September 27, 2010—simultaneously with the filing of the Commission’s Complaint in this action—and charged Hansen with securities fraud and conspiracy to commit securities fraud. Hansen pleaded guilty to those charges on February 9, 2011, and the court entered a judgment of conviction on May 13, 2011. As part of his plea, Hansen agreed to forfeit $59,631, representing proceeds traceable to his illegal conduct. Of that amount, $32,222 derives from illicit trades embraced by the Commission’s Complaint. The Court sentenced Hansen to three months imprisonment, followed by five months of home confinement and two years’ probation.

If approved by the Court, this settlement would conclude this case, as the Commission’s settlement with codefendant Kobrovsky was approved by the Court last October. The Commission’s related case against Gansman and Murdoch has also been concluded, as has a parallel criminal case against them. In that criminal case, Murdoch entered guilty pleas on December 23, 2008 to a total of 17 felony counts and was sentenced on July 27, 2011 to two years’ probation, including six months of home confinement, as well as 300 hours of community service and forfeiture of $392,000. For his part, Gansman was convicted by a jury on May 15, 2009 of six felony counts and acquitted of four; he was sentenced on February 25, 2010 to a year and a day in prison; and his convictions were recently affirmed on appeal. See United States v. Gansman, No. 10-0731-cr, 2011 U.S. App. LEXIS 18664 (2d Cir. Sept. 9, 2011).

The Commission acknowledges the assistance of the U.S. Attorney’s Office for the Southern District of New York, the Federal Bureau of Investigation, the Options Regulatory Surveillance Authority, and the Financial Industry Regulatory Authority. [SEC v. Richard A. Hansen et. al., Civil Action No. 10-CV-5050 (E.D.P.A.)] (LR-22112)

SEC Obtains Judgments in Case Involving Ponzi Scheme By Co-Founder of China Voice Holding Corp.

On October 4, 2011, the Securities and Exchange Commission announced that the Honorable Reed O’Connor, United States District Judge for the Northern District of Texas, recently entered orders permanently enjoining multiple defendants in a case involving the co-founder of China Voice Holding Corp.

Without admitting or denying the allegations in the Commission’s complaint, Alex Dowlatshahi and Christopher Mills and certain companies they control consented to the entry of judgments that permanently enjoin them from violating Sections 5(a), 5(c), and 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The judgments also provide that upon motion of the Commission, the Court may order disgorgement of ill-gotten gains, prejudgment interest thereon, and civil penalties in amounts the Court deems appropriate. The judgments were entered on August 31, 2011, and September 19, 2011. Dowlatshahi, Mills, and their entities consented to the entry of the judgments without admitting or denying the allegations in the Commission’s complaint.

On September 23, 2011, Defendant Ilya Drapkin was permanently enjoined from violating Section 17(a)(3) of the Securities Act. In addition the judgment permanently bars Drapkin from participating in the offer or sale of penny stocks and provides that, upon motion of the Commission, the Court shall order disgorgement of ill-gotten gains, prejudgment interest thereon, and civil penalties in amounts the Court deems appropriate. Drapkin consented to the entry of the judgment without admitting or denying the allegations in the Commission’s complaint.

On September 26, 2011, Defendant Gerald Patera, and his companies, Defendants Capital Bankers Group Ltd. and Third Securities Corp., were permanently enjoined from violating Section 17(a) of the Securities Act and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder. In addition, the judgment permanently bars Patera from participating in the offer or sale of penny stocks and provides that, upon motion of the Commission, the Court shall order disgorgement of ill-gotten gains, prejudgment interest thereon, and civil penalties in amounts the Court deems appropriate. The Defendants consented to the entry of the judgment without admitting or denying the allegations in the Commission’s complaint.

The Commission filed an emergency action on April 28, 2011, alleging that China Voice’s co-founder and former Chief Financial Officer, David Ronald Allen, with the assistance Dowlatshahi and Mills, and numerous related entities, launched what became a Ponzi scheme that sought to raise at least $8.6 million from investors across the country. The SEC’s complaint also charged China Voice, its former chairman and CEO William Burbank IV, and Allen for a series of fraudulent statements about China Voice’s financial condition and business prospects, as well as Patera, Drapkin, and Robert Wilson for their roles in the promotion of China Voice’s stock.

The Commission’s case is still pending against remaining defendants Allen, Burbank, Wilson, China Voice, and various of their related entities. [SEC v. David Ronald Allen, et al., Civil Action No. 3:11-CV-822-O (N.D. Tex.)] (LR-22113)

INVESTMENT COMPANY ACT RELEASES

Notice of Applications for Deregistration under the Investment Company Act of 1940

For the month of September 2011, a notice has been issued giving interested persons until October 25, 2011, to request a hearing on any of the following applications for an order under Section 8(f) of the Investment Company Act of 1940 declaring that the applicant has ceased to be an investment company:

  • Hartford Income Shares Fund Inc. [File No. 811-2281]
  • Columbia Funds Series Trust A [File No. 811-21862]
  • Oppenheimer Baring SMA International Fund [File No. 811-21915]
  • Blankinship Funds Inc. [File No. 811-21387]
  • 650 High Income Fund, Inc. [File No. 811-7359]
  • Separate Account VA GG [811-22477]

(Rel. IC-29826 - September 30)

MFS Series Trust I, et al.

A notice has been issued giving interested persons until October 25, 2011, to request a hearing on an application filed by MFS Series Trust I, et al. for an order pursuant to Section 6(c) of the Investment Company Act of 1940 (Act) for an exemption from Sections 18(f) and 21(b) of the Act; under Section 12(d)(1)(J) of the Act for an exemption from Section 12(d)(1) of the Act; under Sections 6(c) and 17(b) of the Act for an exemption from Sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and under Section 17(d) of the Act and Rule 17d-1 under the Act to permit certain joint arrangements. The order would permit certain registered open-end management investment companies to participate in a joint lending and borrowing facility. (Rel. IC-29827 - September 30)

Incapital LLC, et al.

A notice has been issued giving interested persons until October 25, 2011, to request a hearing on an application filed by Incapital LLC, et al. for an order under Section 12(d)(1)(J) of the Investment Company Act of 1940 (Act) for an exemption from Sections 12(d)(1)(A), (B) and (C) of the Act and under Sections 6(c) and 17(b) of the Act for an exemption from Section 17(a) of the Act.  The order would permit certain registered unit investment trusts to acquire shares of registered management investment companies and unit investment trusts both within and outside the same group of investment companies. (Rel. IC-29828 - September 30)

Global X Funds, et al.

A notice has been issued giving interested persons until October 27, 2011, to request a hearing on an application filed by Global X Funds, et al., for an order to permit:

(a) series of certain open-end management investment companies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Creation Units for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares. The order would supersede a prior order. (Rel. IC-29829 - September 30)

SELF-REGULATORY ORGANIZATIONS

Proposed Rule Change

The Financial Industry Regulatory Authority, Inc. has filed a proposed rule change (SR-FINRA-2011-053) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to amend certain Trade Reporting and Compliance (TRACE) rules. Publication is expected to in the Federal Register during the week of October 3. (Rel. 34-65459

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by The NASDAQ Stock Market LLC to modify NASDAQ Options Market Rules Chapter VII, Section 6, Market Maker Quotations (SR-NASDAQ-2011-136) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected to in the Federal Register during the week of October 3. (Rel. 34-65467)

A proposed rule change (SR-Phlx-2011-108) filed by the NASDAQ OMX PHLX LLC relating to routing functionality on NASDAQ OMX PSX has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected to in the Federal Register during the week of October 3. (Rel. 34-65469)

A proposed rule change (SR-BX-2011-048) filed by the NASDAQ OMX BX, Inc. relating to routing functionality on the NASDAQ OMX BX Equities Market has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected to in the Federal Register during the week of October 3. (Rel. 34-65470)

A proposed rule change filed by C2 Options Exchange, Incorporated relating to the C2 Fees Schedule (SR-C2-2011-026) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected to in the Federal Register during the week of October 3. (Rel. 34-65471)

SECURITIES ACT REGISTRATIONS

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

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

S-1     AMERICAN BAR ASSOCIATION MEMBERS / NORTHERN TRUST COLLECTIVE TR, 
        C/O NORTHERN TRUST INVESTMENTS, N.A., 50 SOUTH LASALLE STREET, CHICAGO, 
        IL, 60603, 312-630-6000 - 0 ($80,000,000.00) Equity, (File 333-177124 - 
        Oct. 3) (BR. 08C)

S-1     FS Bancorp, Inc., 6920 220TH STREET SW, SUITE 300, MOUNTLAKE TERRACE, 
        WA, 98043, 800-683-0973 - 0 ($32,401,250.00) Equity, (File 333-177125 - 
        Oct. 3) (BR. )

S-4     LEAP WIRELESS INTERNATIONAL INC, 5887 COPLEY DRIVE, SAN DIEGO, CA, 
        92111, 8588826000 - 0 ($400,000,000.00) Non-Convertible Debt, 
        (File 333-177126 - Oct. 3) (BR. 11A)

S-3ASR  SEALED AIR CORP/DE, 200 RIVERFRONT BOULEVARD, ELMWOOD PARK, NJ, 
        07407-1033, 201-791-7600 - 0 ($539,216,081.00) Equity, 
        (File 333-177130 - Oct. 3) (BR. 04)

S-11    STAG Industrial, Inc., 99 HIGH STREET, 28TH FLOOR, BOSTON, MA, 02110, 
        (617)574-4777 - 0 ($57,500,000.00) Equity, (File 333-177131 - Oct. 3) 
        (BR. 08B)

S-4     HOST HOTELS & RESORTS L.P., 6903 ROCKLEDGE DR, SUITE 1500, BETHESDA, 
        MD, 20817-1109, 240-744-1000 - 0 ($500,000,000.00) Other, 
        (File 333-177137 - Oct. 3) (BR. 08B)

F-3     Alon Holdings Blue Square - Israel Ltd, 2 AMAL ST., 
        AFEK INDUSTRIAL PARK, ROSH HAAIN, L3, 48092, 97239282670 - 
        6,616,186 ($36,885,236.95) Equity, (File 333-177138 - Oct. 3) (BR. 02B)

S-8     TURBINE TRUCK ENGINES INC, 46600 DEEP WOODS ROAD, PAISLEY, FL, 32767, 
        386-943-8358 - 0 ($750,000.00) Equity, (File 333-177139 - Oct. 3) 
        (BR. 10C)

S-3ASR  CONAGRA FOODS INC /DE/, ONE CONAGRA DR, OMAHA, NE, 68102, 4022404000 - 
        0 ($0.00) Unallocated (Universal) Shelf, (File 333-177140 - Oct. 3) 
        (BR. 04A)

S-8     PACIFIC MERCANTILE BANCORP, 949 SOUTH COAST DRIVE, THIRD FLOOR, 
        COSTA MESA, CA, 92626, 714-438-2500 - 0 ($5,863,670.00) Equity, 
        (File 333-177141 - Oct. 3) (BR. 07C)

S-8     PACIFIC MERCANTILE BANCORP, 949 SOUTH COAST DRIVE, THIRD FLOOR, 
        COSTA MESA, CA, 92626, 714-438-2500 - 0 ($944,700.00) Equity, 
        (File 333-177142 - Oct. 3) (BR. 07C)

S-3     INVESTORS REAL ESTATE TRUST, 1400 31ST AVENUE SW, SUITE 60, 
        PO BOX 1988, MINOT, ND, 58702-1988, 701-837-4738 - 
        319,184 ($2,377,920.80) Equity, (File 333-177143 - Oct. 3) (BR. 08B)

S-3     Sabra Health Care REIT, Inc., 18500 VON KARMAN, SUITE 550, IRVINE, CA, 
        92612, 888-393-8248 - 
        0 ($500,000,000.00) Unallocated (Universal) Shelf, (File 333-177144 - 
        Oct. 3) (BR. 08C)

S-8     Fortune Brands Home & Security, Inc., 520 LAKE COOK ROAD, DEERFIELD, 
        IL, 60015, 847-484-4400 - 0 ($396,750,000.00) Equity, 
        (File 333-177145 - Oct. 3) (BR. 06C)

S-1     GTX CORP, 117 WEST 9TH STREET,, SUITE 1214,, LOS ANGELES,, CA, 90015, 
        604-808-6211 - 11,670,000 ($700,200.00) Equity, (File 333-177146 - 
        Oct. 3) (BR. 11A)

S-3     Fortress Investment Group LLC, 1345 AVENUE OF THE AMERICAS, 46TH FLOOR, 
        NEW YORK, NY, 10105, 212-798-6100 - 
        0 ($1,000,000,000.00) Unallocated (Universal) Shelf, (File 333-177147 - 
        Oct. 3) (BR. 06A)

S-8     SCIENTIFIC GAMES CORP, 750 LEXINGTON AVE, NEW YORK, NY, 10022, 
        3027374300 - 0 ($1,473,500.00) Equity, (File 333-177148 - Oct. 3) 
        (BR. 03B)

S-8     RESEARCH IN MOTION LTD, 295 PHILLIP ST, WATERLOO, ONTARIO CANADA, A6, 
        00000, 5198887465 - 3,000,000 ($62,790,000.00) Equity, 
        (File 333-177149 - Oct. 3) (BR. 11A)

S-1     MGT CAPITAL INVESTMENTS INC, KENSINGTON CENTRE, 66 HAMMERSMITH ROAD, 
        LONDON, X0, W14 8UD, 011 44 207 605 7950 - 
        31,640,472 ($1,898,428.32) Equity, (File 333-177150 - Oct. 3) (BR. 03C)

S-3     Rhino Resource Partners LP, 424 LEWIS HARGETT CIRCLE SUITE 250, 
        LEXINGTON, KY, 40503, (859) 389-6500 - 
        0 ($553,219,746.00) Limited Partnership Interests, (File 333-177151 - 
        Oct. 3) (BR. 09A)

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

ABINGTON BANCORP, INC./PA                        2.01,3.01,3.03,5.01  09/30/11

ACACIA RESEARCH CORP                    DE       8.01                 09/30/11

ACACIA RESEARCH CORP                    DE       8.01                 09/30/11

ACACIA RESEARCH CORP                    DE       8.01                 09/30/11

ACACIA RESEARCH CORP                    DE       8.01                 09/30/11

ACE MARKETING & PROMOTIONS INC          NY       7.01,9.01            09/28/11

ACI WORLDWIDE, INC.                     DE       1.01,8.01,9.01       10/03/11

ACI WORLDWIDE, INC.                     DE       1.01,9.01            10/03/11

ACURA PHARMACEUTICALS, INC              NY       8.01,9.01            10/03/11

Advaxis, Inc.                           DE       5.02,5.07,9.01       09/27/11

AIRWARE INTERNATIONAL CORP.                      5.03,8.01            09/27/11

ALION SCIENCE & TECHNOLOGY CORP         DE       3.02                 09/30/11

Allegiant Travel CO                     NV       2.03                 09/27/11

Allied World Assurance Co Holdings, A            5.03,9.01            09/30/11

AMACORE GROUP, INC.                     DE       1.01,9.01            09/26/11

AMERICAN ELECTRIC POWER CO INC          NY       7.01                 10/03/11

American Realty Capital Trust III, In   MD       2.01,8.01,9.01       09/27/11

AMERICAN SCIENTIFIC RESOURCES INC       NV       2.03,3.02            09/26/11

AMERICAN SUPERCONDUCTOR CORP /DE/       DE       7.01                 10/03/11

ANCHOR BANCORP WISCONSIN INC            WI       5.02,9.01            09/30/11

ANWORTH MORTGAGE ASSET CORP             MD       8.01,9.01            10/03/11

ANWORTH MORTGAGE ASSET CORP             MD       8.01,9.01            10/03/11

APAC CUSTOMER SERVICES, INC             IL       8.01                 09/28/11

APRIA HEALTHCARE GROUP INC              DE       5.02,9.01            10/03/11

ARCH COAL INC                           DE       2.02,9.01            09/30/11

ARENA PHARMACEUTICALS INC               DE       8.01                 10/03/11

ATWOOD OCEANICS INC                     TX       7.01,9.01            09/30/11

AUXILIUM PHARMACEUTICALS INC                     7.01,9.01            10/03/11

AVATAR HOLDINGS INC                     DE       1.01,1.02,5.02       09/29/11

AZAZ Capital Corp.                      NV       5.03                 09/28/11

BIOANALYTICAL SYSTEMS INC               IN       5.02                 09/27/11

BIOLIFE SOLUTIONS INC                   DE       8.01,9.01            10/03/11

BIOVEST INTERNATIONAL INC               DE       7.01,9.01            10/03/11

Bitzio, Inc.                            NV       2.01                 09/30/11

BLACK HILLS CORP /SD/                   SD       1.01,2.03,9.01       09/30/11

Black Tusk Minerals Inc.                NV       3.02,8.01            09/28/11

BLUE RIDGE REAL ESTATE CO               PA       1.01,9.01            10/01/11

Blue Water Restaurant Group, Inc.       NV       8.01,9.01            10/03/11

Blueknight Energy Partners, L.P.        DE       7.01,9.01            10/03/11

Book Merge Technology, Inc.             NV       1.01,2.01,3.02       09/30/11    AMEND

BORDERS GROUP INC                       MI       1.01                 09/27/11

BRAZIL GOLD CORP.                       NV       4.01,9.01            09/13/11    AMEND

Bridgepoint Education Inc               DE       8.01                 10/03/11

Buckingham Exploration Inc.                      2.01,3.02,9.01       09/30/11

Bullion Monarch Mining, Inc. (NEW)      UT       8.01,9.01            09/30/11

C & F FINANCIAL CORP                    VA       8.01                 09/30/11

Calpian, Inc.                           TX       1.01                 09/30/11

CAPELLA EDUCATION CO                             1.01,9.01            09/30/11

CAPSTONE TURBINE Corp                   DE       1.01,9.01            09/27/11

CARDTRONICS INC                         DE       9.01                 07/25/11    AMEND

CARMIKE CINEMAS INC                     DE       5.02,9.01            10/01/11

CARRIZO OIL & GAS INC                   TX       8.01,9.01            09/27/11

Casablanca Mining Ltd.                  NV       5.02,9.01            09/30/11

CASCADE BANCORP                         OR       8.01,9.01            09/29/11

CBRE GROUP, INC.                        DE       5.03,8.01,9.01       10/03/11

Cellceutix CORP                                  3.02                 10/03/11

CENTRAL HUDSON GAS & ELECTRIC CORP      NY       8.01,9.01            09/30/11

CENTURY ALUMINUM CO                     DE       8.01,9.01            10/03/11

CHEMBIO DIAGNOSTICS, INC.               NV       7.01,9.01            10/03/11

CHICOPEE BANCORP, INC.                           8.01,9.01            09/29/11

CHINACAST EDUCATION CORP                DE       5.02                 10/03/11

Chrysler Group LLC                      DE       8.01,9.01            10/03/11

Citizens Community Bancorp Inc.         MD       1.01,5.02,9.01       09/29/11

Clear Skies Solar, Inc                  DE       5.02                 09/30/11

CODORUS VALLEY BANCORP INC              PA       2.06                 09/27/11

COMPETITIVE TECHNOLOGIES INC            DE       9.01                 05/04/11    AMEND

COMPETITIVE TECHNOLOGIES INC            DE       1.01,9.01            10/03/11    AMEND

COMPUTER SCIENCES CORP                  NV       8.01,9.01            10/03/11

CONEXANT SYSTEMS INC                    DE       5.02                 09/27/11

Cono Italiano, Inc.                     NV       1.01,3.02            09/07/11

COUNTERPATH CORP                        NV       5.07                 09/27/11

CPS TECHNOLOGIES CORP/DE/               DE       5.02                 10/03/11

CRAY INC                                WA       5.02,8.01            09/27/11

CROSS COUNTRY HEALTHCARE INC            DE       8.01,9.01            10/03/11

CUBIST PHARMACEUTICALS INC              DE       8.01,9.01            09/29/11

CYCLE COUNTRY ACCESSORIES CORP          NV       5.02                 09/28/11

DARDEN RESTAURANTS INC                  FL       1.01,1.02,2.03,9.01  10/03/11

DATALINK CORP                           MN       1.01,2.01,2.02,3.02, 10/03/11
                                                 9.01
          
DEAN FOODS CO                           DE       1.01,2.03,9.01       09/28/11

DEERE & CO                              DE       7.01                 10/03/11

Delek US Holdings, Inc.                          7.01,9.01            10/03/11

DENBURY RESOURCES INC                   DE       8.01,9.01            09/29/11

DFC GLOBAL CORP.                        DE       5.02                 09/27/11

DIGAGOGO VENTURES CORP                  DE       9.01                 09/30/11

Discover Financial Services             DE       8.01                 09/30/11

DISCOVERY LABORATORIES INC /DE/         DE       5.03,5.07,9.01       10/03/11

Dividend Capital Total Realty Trust I            2.03                 09/27/11

Domark International Inc.               NV       1.01,9.01            10/03/11

Domark International Inc.               NV       1.01,5.02,9.01       09/30/11

DOMINION RESOURCES INC /VA/             VA       1.01,9.01            10/01/11

DORAL FINANCIAL CORP                    PR       8.01                 10/01/11

Duke Energy CORP                        DE       8.01,9.01            09/30/11

Ecologic Transportation, Inc.                    5.02                 09/26/11

Education Realty Trust, Inc.            MD       7.01,9.01            10/03/11

ENDO PHARMACEUTICALS HOLDINGS INC       DE       7.01,9.01            09/27/11    AMEND

Enertopia Corp.                         NV       1.01,3.02,7.01,9.01  10/03/11

ENPRO INDUSTRIES, INC                   NC       1.01,2.03,9.01       09/28/11

EnteroMedics Inc                                 8.01,9.01            10/03/11

ESSA Bancorp, Inc.                      PA       7.01,9.01            09/29/11

Federal Home Loan Bank of Chicago       X1       7.01,9.01            10/03/11

Federal Home Loan Bank of Chicago       X1       5.02                 10/03/11

Federal Home Loan Bank of Pittsburgh    PA       5.02                 09/19/11

FIRST FINANCIAL HOLDINGS INC /DE/       DE       8.01,9.01            09/30/11

FIRST M&F CORP/MS                       MS       7.01,9.01            10/03/11

FIRST NIAGARA FINANCIAL GROUP INC       DE       8.01,9.01            10/03/11

FIVE STAR QUALITY CARE INC                       2.01,2.03,9.01       09/29/11

FLUOROPHARMA MEDICAL, INC.              NV       4.02                 09/08/11

FNB CORP/FL/                            FL       7.01,9.01            10/03/11

FORD MOTOR CO                           DE       8.01,9.01            10/03/11

FORD MOTOR CREDIT CO LLC                DE       8.01,9.01            10/03/11

Forestar Group Inc.                     DE       1.01,2.03,9.01       09/30/11

Forex International Trading Corp.       NV       8.01                 09/30/11

Franchise Holdings International, Inc   NV       4.01,9.01            09/23/11    AMEND

FS Energy & Power Fund                  DE       2.02,9.01            09/30/11

FS Investment CORP                      MD       2.02,9.01            09/30/11

FUNCTION (X) INC.                       DE       1.01                 09/30/11

GENERAC HOLDINGS INC.                   DE       1.01,7.01,9.01       10/03/11

General Maritime Corp / MI                       1.01,8.01,9.01       09/30/11

GENUINE PARTS CO                        GA       7.01,9.01            10/03/11

GERON CORP                              DE       5.07                 05/11/11    AMEND

Gold Holding Corp.                               1.01                 10/03/11

GreenChek Technology Inc.               NV       3.02,3.03,9.01       09/27/11

GreenChoice International, Inc.         NV       8.01                 08/31/11

Grubb & Ellis Healthcare REIT II, Inc   MD       7.01,8.01,9.01       09/30/11

GSV Capital Corp.                       MD       8.01,9.01            09/30/11

GT Advanced Technologies Inc.           DE       1.01,9.01            09/27/11

GTSI CORP                               DE       5.02,9.01            10/03/11

Guaranty Bancorp                        DE       1.01,3.02,3.03,5.03, 09/29/11
                                                 5.07,9.01
     
HAMPTON ROADS BANKSHARES INC            VA       7.01,9.01            10/03/11

HARLEYSVILLE GROUP INC                  DE       8.01,9.01            09/29/11

HAWAIIAN ELECTRIC INDUSTRIES INC        HI       8.01                 10/03/11

HCA Holdings, Inc.                               1.01,1.02,2.03,9.01  09/27/11

HEARTLAND PAYMENT SYSTEMS INC           DE       5.02                 09/27/11

HeartWare International, Inc.           DE       8.01,9.01            10/03/11

HELMERICH & PAYNE INC                   DE       7.01,9.01            10/03/11

HERCULES OFFSHORE, INC.                 DE       8.01                 09/30/11

HEWLETT PACKARD CO                      DE       2.01,7.01,9.01       10/03/11

HNI CORP                                IA       1.01,2.03,9.01       09/28/11

INGRAM MICRO INC                        DE       5.02,9.01            10/03/11

INLAND WESTERN RETAIL REAL ESTATE TRU   MD       7.01                 10/03/11

InterDigital, Inc.                      PA       8.01                 10/03/11

J C PENNEY CO INC                       DE       5.02,9.01            10/03/11

JABIL CIRCUIT INC                       DE       2.02,9.01            09/27/11

KAISER ALUMINUM CORP                    DE       1.01,2.03,7.01,9.01  09/30/11

KANSAS CITY SOUTHERN                    DE       1.01,2.03,7.01,9.01  09/30/11

Kansas City Southern de Mexico, S.A.    O5       1.01,2.03,7.01,9.01  09/30/11

KAR Auction Services, Inc.              DE       2.01,7.01,9.01       10/03/11

Kennedy-Wilson Holdings, Inc.           DE       9.01                 10/03/11

KINETIC CONCEPTS INC                    TX       8.01                 09/28/11

Kodiak Oil & Gas Corp                   B0       1.01                 09/27/11

La Cortez Energy, Inc.                  NV       7.01,9.01            10/03/11

LABORATORY CORP OF AMERICA HOLDINGS     DE       7.01                 10/03/11

LINCARE HOLDINGS INC                    DE       8.01,9.01            10/03/11

LITHIUM TECHNOLOGY CORP                 DE       1.01                 09/27/11

LOCAL.COM                               DE       7.01,9.01            10/03/11

Location Based Technologies, Inc.       NV       7.01,9.01            10/03/11

Lone Pine Resources Inc.                DE       5.01,5.02,7.01,8.01, 09/30/11
                                                 9.01
          
Longhai Steel Inc.                      NV       5.02                 10/03/11    AMEND

LSI INDUSTRIES INC                      OH       5.02,9.01            10/03/11

Lucky Boy Silver Corp.                  WY       8.01                 09/27/11

LUFKIN INDUSTRIES INC                   TX       8.01,9.01            10/02/11

LyondellBasell Industries N.V.          P7       2.05,9.01            09/27/11

MAGELLAN PETROLEUM CORP /DE/            DE       5.02,8.01,9.01       09/27/11

MAGNUM HUNTER RESOURCES CORP            DE       5.02,7.01,9.01       09/30/11

MANITOWOC CO INC                        WI       1.01,9.01            09/27/11

Measurement Specialties Inc             NJ       1.01,2.01,9.01       09/27/11

Medidata Solutions, Inc.                DE       5.02                 10/01/11

MICHAEL BAKER CORP                      PA       7.01,9.01            10/03/11

MINN DAK FARMERS COOPERATIVE            ND       2.02,8.01            10/03/11

MIPS TECHNOLOGIES INC                   DE       5.02                 09/30/11

Morgan Stanley Capital I Trust 2011-C            8.01,9.01            09/30/11

MS STRUCTURED ASSET CORP CBT SERIES 2   DE       8.01,9.01            09/26/11

MULTIMEDIA GAMES HOLDING COMPANY, INC   TX       5.02,8.01,9.01       09/30/11

MURPHY OIL CORP /DE                     DE       8.01,9.01            09/30/11

NATIONAL HEALTH INVESTORS INC           MD       2.01,9.01            10/03/11

NATIONAL PENN BANCSHARES INC            PA       5.03,9.01            10/03/11

NATURAL RESOURCE PARTNERS LP            DE       2.03,9.01            10/03/11

NET TALK.COM, INC.                      FL       2.03,3.02,9.01       09/30/11

NEWS CORP                                        8.01,9.01            10/03/11

NOBILITY HOMES INC                      FL       3.01,9.01            09/28/11

Northumberland Resources, Inc.          NV       2.01,3.03            09/27/11

Novo Energies Corp                      FL       8.01                 09/30/11

NUMEREX CORP /PA/                       PA       5.02,9.01            10/03/11

NUPATHE INC.                            DE       7.01,9.01            10/03/11

NUPATHE INC.                            DE       7.01,9.01            10/03/11

O REILLY AUTOMOTIVE INC                          7.01,9.01            10/03/11

ONCOSEC MEDICAL Inc                     NV       1.01,3.02,9.01       09/28/11

OptimizeRx Corp                         NV       8.01                 09/16/11

Orexigen Therapeutics, Inc.             DE       8.01                 10/03/11

ORIGINOIL INC                           NV       8.01,9.01            09/29/11

Orion Marine Group Inc                           7.01,9.01            09/29/11

OTELCO INC.                             DE       1.01,9.01            10/01/11

OXYGEN BIOTHERAPEUTICS, INC.            DE       5.02,5.05,5.07,9.01  09/29/11

PACIFIC SANDS INC                       NV       5.02                 09/30/11

PARK BANCORP INC                        DE       5.02,9.01            09/27/11

Pay Mobile, Inc                         NV       3.02                 09/30/11    AMEND

PennantPark Floating Rate Capital Ltd            7.01                 10/03/11

PEOPLES FINANCIAL SERVICES CORP.        PA       9.01                 09/30/11

PEPCO HOLDINGS INC                      DE       7.01                 10/03/11

PETROHAWK ENERGY CORP                   DE       1.01,9.01            09/27/11

PHARMACEUTICAL PRODUCT DEVELOPMENT IN   NC       1.01,8.01,9.01       10/02/11

PINNACLE AIRLINES CORP                  DE       5.02,9.01            09/30/11

PIONEER NATURAL RESOURCES CO            DE       2.02,7.01,9.01       10/03/11

PLUG POWER INC                          DE       5.02,9.01            09/29/11

PLX TECHNOLOGY INC                      DE       2.03                 10/03/11

PRICELINE COM INC                       DE       5.02,9.01            09/26/11    AMEND

Radiation Therapy Services Holdings,    DE       1.01,2.03,7.01,9.01  09/29/11

RAMCO GERSHENSON PROPERTIES TRUST       MD       1.01,2.03,9.01       09/30/11

RAYONIER INC                            NC       5.02,9.01            10/03/11

Redpoint Bio CORP                                5.02                 09/27/11

Renewable Energy Group, Inc.                     1.01,5.02,9.01       09/28/11

Resource Real Estate Opportunity REIT   MD       8.01                 09/23/11

Rhino Resource Partners LP              DE       9.01                 10/03/11

ROBERTSON GLOBAL HEALTH SOLUTIONS COR   NV       1.01,9.01            09/29/11

Rosetta Resources Inc.                  DE       7.01,9.01            10/03/11

S1 CORP /DE/                            DE       1.01,8.01,9.01       10/03/11

Sabra Health Care REIT, Inc.            MD       8.01                 10/03/11

SAIC, Inc.                                       5.02,9.01            09/29/11

SANGAMO BIOSCIENCES INC                 DE       7.01,9.01            10/03/11

SCIENTIFIC GAMES CORP                   DE       5.02,9.01            06/29/11

SEAHAWK DRILLING, INC.                  DE       1.03,3.03,5.01,5.02, 09/28/11
                                                 9.01
          
SELECT MEDICAL HOLDINGS CORP                     7.01                 10/03/11

Shire plc                                        8.01,9.01            10/03/11

Sino American Oil Co                    NV       7.01,9.01            10/03/11

SKYWORKS SOLUTIONS, INC.                DE       5.07                 10/03/11    AMEND

SM Energy Co                            DE       7.01,9.01            10/03/11

SMF ENERGY CORP                         DE       8.01,9.01            09/30/11

SMTC CORP                               DE       1.01,9.01            09/22/11

Solar Energy Initiatives, Inc.          DE       5.02                 09/30/11

Somaxon Pharmaceuticals, Inc.           DE       1.02,5.02,9.01       09/30/11

SPS COMMERCE INC                                 1.01,2.03,9.01       09/30/11

STELLAR RESOURCES LTD                   NV       8.01,9.01            09/30/11

Stereotaxis, Inc.                       DE       5.02,7.01,9.01       10/03/11

STIFEL FINANCIAL CORP                   DE       8.01,9.01            10/03/11

SUN COMMUNITIES INC                     MD       1.01,2.03,9.01       09/28/11

SUNPOWER CORP                           DE       1.01,2.03            09/27/11

SUSQUEHANNA BANCSHARES INC              PA       1.01,5.02,7.01,9.01  09/28/11

TACTICAL DIVERSIFIED FUTURES FUND L.P   NY       3.02                 10/01/11

TBS International plc                   L2       3.01                 09/28/11

TEAM INC                                TX       2.02,9.01            10/03/11

TECH DATA CORP                          FL       1.01,2.03,9.01       09/27/11

TESSERA TECHNOLOGIES INC                DE       8.01,9.01            10/03/11

THEWEBDIGEST CORP.                      FL       3.02                 09/30/11

Timberline Resources Corp               DE       7.01,9.01            09/30/11

TNP Strategic Retail Trust, Inc.        MD       1.01,9.01            09/27/11

TOWER BANCORP INC                       PA       1.01,8.01,9.01       09/28/11

Tower Group, Inc.                       DE       7.01,9.01            10/03/11

TPG Specialty Lending, Inc.             DE       1.01,2.03            09/28/11

TRANSCEND SERVICES INC                  DE       1.01,9.01            09/30/11

TRANSWITCH CORP /DE                     DE       1.01,3.03,5.03,9.01  10/03/11

TRIPLE-S MANAGEMENT CORP                         8.01                 10/03/11

Tropicana Las Vegas Hotel & Casino, I   DE       1.01,9.01            09/27/11

U. S. Premium Beef, LLC                          7.01,9.01            10/03/11

UNION DRILLING INC                      DE       8.01                 09/29/11

United Development Funding IV           MD       1.01                 09/27/11

UNITED ENERGY CORP /NV/                 NV       5.02                 10/03/11

UROPLASTY INC                           MN       5.07                 09/14/11

US DATAWORKS INC                        NV       5.07                 09/27/11

VARIAN MEDICAL SYSTEMS INC              DE       1.01,8.01,9.01       09/30/11

VERMILLION, INC.                        DE       5.02,9.01            09/29/11

Vican Resources, Inc.                   NV       5.02                 10/02/11

VIRGIN MEDIA INC.                       DE       8.01,9.01            10/01/11

VIRGINIA ELECTRIC & POWER CO            VA       1.01,9.01            10/01/11

VISTAPRINT N.V.                         P7       5.07,8.01            09/30/11

VITESSE SEMICONDUCTOR CORP              DE       2.02,2.05,2.06,9.01  10/03/11

VIVUS INC                               CA       8.01,9.01            10/03/11

Warner Music Group Corp.                DE       1.01,9.01            09/28/11

WASHINGTON MUTUAL, INC                  WA       7.01,9.01            09/30/11

WELLCARE HEALTH PLANS, INC.             DE       1.01,2.03            09/30/11

WESBANCO INC                            WV       5.02                 10/03/11

WESCO INTERNATIONAL INC                          8.01,9.01            10/03/11

WESTERN LIBERTY BANCORP                 DE       5.02                 09/28/11

WOLVERINE WORLD WIDE INC /DE/           MI       2.02,9.01            10/03/11

Zoro Mining Corp.                       NV       5.02                 10/03/11

 

http://www.sec.gov/news/digest/2011/dig100411.htm


Modified: 10/04/2011