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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2008-162
August 20, 2008

COMMISSION ANNOUNCEMENTS

Securities and Exchange Commission Suspends Trading in Ten Issuers for Failure to Make Required Periodic Filings

The U.S. Securities and Exchange Commission announced the temporary suspension of trading in the securities of the following issuers, commencing at 9:30 a.m. EDT on Aug. 20, 2008 and terminating at 11:59 p.m. EDT on Sept. 3, 2008.

  • Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.) (ACMG)
  • Cluster Technology Corp. (CLTT)
  • Consolidated Growers and Processors, Inc. (CGPRQ)
  • Global Network, Inc. (GLNW)
  • Micro-Integration Corp. (MINT)
  • Monsoon International Manufacturing & Distribution, Inc. (MIMF)
  • Montt International Corp. (MNTT)
  • Pony Express U. S. A., Inc. (PYXP)
  • SUMmedia.com, Inc. (ISUM)
  • Sunflower USA, Ltd. (SFLW)

The Commission temporarily suspended trading in the securities of these ten issuers due to a lack of current and accurate information about the companies because they have not filed periodic reports with the Commission in over three years. This order was entered pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).

The Commission cautions brokers, dealers, shareholders and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by these companies.

Brokers and dealers should be alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at the termination of the trading suspensions, no quotation may be entered relating to the securities of the subject company unless and until the broker or dealer has strictly complied with all of the provisions of the rule. If any broker or dealer is uncertain as to what is required by the rule, it should refrain from entering quotations relating to the securities of these companies that have been subject to a trading suspension until such time as it has familiarized itself with the rule and is certain that all of its provisions have been met. Any broker or dealer with questions regarding the rule should contact the staff of the Securities and Exchange Commission in Washington, DC at (202) 551-5720. If any broker or dealer enters any quotation which is in violation of the rule, the Commission will consider the need for prompt enforcement action.

If any broker, dealer or other person has any information which may relate to this matter, they should immediately communicate it to the Delinquent Filings Branch of the Division of Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov. (Rel. 34-58389)


ENFORCEMENT PROCEEDINGS

Commission Orders Hearings on Registration Suspension or Revocation Against Eleven Companies for Failure to Make Required Periodic Filings

In conjunction with today's trading suspension, the Commission today also instituted a public administrative proceeding to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of eleven companies for failure to make required periodic filings with the Commission:

In the Matter of Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.), et al. Administrative Proceeding File No. 3-13140

  • Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.) (ACMG)
  • Cluster Technology Corp. (CLTT)
  • Global Network, Inc. (GLNW)
  • Micro-Integration Corp. (MINT)
  • Montt International Corp. (MNTT)
  • NewCare Health Corp.

In the Matter of Consolidated Growers and Processors, Inc., et al. Administrative Proceeding File No. 3-13141

  • Consolidated Growers and Processors, Inc. (CGPRQ)
  • Monsoon International Manufacturing & Distribution, Inc. (MIMF)
  • Pony Express U. S. A., Inc. (PYXP)
  • SUMmedia.com, Inc. (ISUM)
  • Sunflower USA, Ltd. (SFLW)

In the Orders, the Division of Enforcement (Division) alleges that the respective respondents are delinquent in their required periodic filings with the Commission.

In these proceedings, instituted pursuant to Exchange Act Section 12(j), a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence from the Division and the respondents to determine whether the allegations of the Division contained in the Orders, which the Division alleges constitute failures to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder, are true. The judge in the proceedings will then determine whether the registrations pursuant to Exchange Act Section 12 of the securities of these respondents should be revoked or suspended for a period not exceeding twelve months. The Commission ordered that the Administrative Law Judge issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (In the Matter of Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc., et al. - Rel. 34-58390, File No. 3-13140); (In the Matter of Consolidated Growers and Processors, Inc., et al. - Rel. 34-58391, File No. 3-13141)


Commission Orders Hearings on Registration Revocation Against Seven Public Companies for Failure to Make Required Periodic Filings

The Commission today instituted public administrative proceedings to determine whether to revoke or suspend for a period not exceeding twelve months the registration of each class of the securities of seven companies for failure to make required periodic filings with the Commission:

  • Aqua Vie Beverage Corp. (AQVB)
  • Asia Biotechnology Group, Inc. (ABTH)
  • Caravan Acquisition Corp.
  • Century Investments International, Inc.
  • Diversified Holdings International, Inc.
  • Milinx Business Group, Inc. (MIXB)
  • MSC Group, Inc.

In this Order, the Division of Enforcement (Division) alleges that the seven issuers are delinquent in their required periodic filings with the Commission.

In this proceeding, instituted pursuant to Exchange Act Section 12(j), a hearing will be scheduled before an Administrative Law Judge. At the hearing, the judge will hear evidence from the Division and the respondents to determine whether the allegations of the Division contained in the Order, which the Division alleges constitute failures to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder, are true. The judge in the proceeding will then determine whether the registrations pursuant to Exchange Act Section 12 of the securities of these respondents should be revoked or suspended for a period not exceeding twelve months. The Commission ordered that the Administrative Law Judge in this proceeding issue an initial decision not later than 120 days from the date of service of the order instituting proceedings. (Rel. 34-58393; File No. 3-13142)


SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change (SR-NYSE-2008-75) filed by the New York Stock Exchange to amend Section 303A.02(b) of its Listed Company Manual with respect to two of its director independence tests 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 August 18. (Rel. 34-58367)

A proposed rule change (SR-Amex-2008-67) filed by the American Stock Exchange modifying the definition of "Independent Director" in the Amex Company Guide 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 August 25. (Rel. 34-58378)

A proposed rule change filed by the Philadelphia Stock Exchange (SR-Phlx-2008-61) relating to changing its name 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 August 25. (Rel. 34-58380)


Approval of Proposed Rule Change

The Commission granted approval to a proposed rule change filed by NYSE Arca (SR-NYSEArca-2008-47) pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to waive retroactively as of June 24, 2008, initial listing fees for companies who apply to list securities currently listed on another national securities exchange. Publication is expected in the Federal Register during the week of August 25. (Rel. 34-58379)


SECURITIES ACT REGISTRATIONS


RECENT 8K FILINGS

 

http://www.sec.gov/news/digest/2008/dig082008.htm


Modified: 08/20/2008