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SEC NEWS DIGEST
Issue 2007-171 September 5, 2007
ENFORCEMENT PROCEEDINGS
IN THE MATTER OF AMERICAN PAD & PAPER CO., ET AL.
An Administrative Law Judge has issued an Order Making Findings and
Revoking Registrations by Default as to Five Respondents (Default
Order) in the matter of American Pad & Paper Co. et al. The Order
Instituting Proceedings alleged that Respondents American Pad & Paper
Co., Cypost Corp., Golf Communities of America, Inc., Midland, Inc.,
and Signal Apparel Co., Inc., failed repeatedly 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 registrations of each
class of registered securities American Pad & Paper Co., Cypost Corp.,
Golf Communities of America, Inc., Midland, Inc., and Signal Apparel
Co., Inc., have with the Commission, pursuant to Section 12(j) of the
Securities Exchange Act of 1934. (Rel. 34-56349; File No. 3-12705)
IN THE MATTER OF BRENT WILLIAM FEDERIGHI
On September 4, the Commission issued an Order Instituting
Administrative Proceedings Pursuant to Section 203(f) of the
Investment Advisers Act of 1940, Making Findings, and Imposing
Remedial Sanctions (Order) against Brent William Federighi, who
previously ran two San Francisco-based hedge funds known as Ilytat and
Gage Capital.
The Order finds that on Aug. 22, 2007, a final judgment was entered by
consent against Federighi, permanently enjoining him from future
violations of Section 10(b) of the Securities Exchange Act of 1934 and
Rule 10b-5 thereunder, in the civil action entitled, SEC v. Brent
William Federighi, et al., Civil Action Number 3:05-cv-05305-MMC, in
the United States District Court for the Northern District of
California.
The Commission's complaint alleged that from 2000 to 2003, Federighi,
who co-managed the Ilytat hedge fund and later managed the Gage hedge
fund after Ilytat closed, deliberately exploited a loophole in the
mutual fund order entry system used by the hedge funds' broker in
order to place mutual fund trades after the 4:00 p.m. (Eastern time)
market close while still receiving the current day's mutual fund
price. This allowed the Ilytat and Gage hedge funds to obtain better
prices for their mutual fund shares than other mutual fund investors
received. Some trades were placed as late as 5:45 p.m. (Eastern time),
or 1.75 hours after the time as of which the mutual fund share prices
were set.
Based on the above, the Order bars Federighi from association with any
investment adviser with the right to reapply after 18 months.
Federighi consented to the issuance of the Order without admitting or
denying any of the findings, except he admitted to the entry of the
injunction. (Rel. IA-2641; File No. 3-12743)
IN THE MATTER OF BOSTON STOCK EXCHANGE, INC. AND JAMES B. CROFWELL
The Commission has instituted a settled enforcement action against the
Boston Stock Exchange (Exchange) and its former president James
Crofwell for failure to enforce compliance by Exchange dealers with
exchange rules protecting investor trading priority. At the same time,
the Commission instituted a related settled civil action against
Crofwell. The Commission's order against the Exchange and Crofwell
found that from 1999 to 2004 the Exchange and Crofwell failed to
enforce Exchange rules that prohibited Exchange dealer specialist
firms from trading securities for their own benefit at the expense of
their customers. The Exchange failed to conduct adequate surveillance
to detect and prevent violations of the customer priority rules, which
expressly prohibit specialists from trading for their own accounts
ahead of marketable customer orders. The Exchange's failure allowed
hundreds, if not thousands, of violations per day to go undetected and
continued even after the Commission staff had repeatedly warned the
Exchange of the need to improve surveillance systems. Crofwell knew
that the procedures then in effect were inadequate, but failed to
devote resources necessary to correct the problem.
Without admitting or denying the findings in the Commission's order,
the Exchange and Crofwell agreed to an order censuring each of them
and requiring the Exchange to cease and desist from committing or
causing any violations and any future violations of Section 19(g) of
the Exchange Act and Crofwell to cease and desist from causing any
violations and any future violations of that section. The Exchange
further agreed to comply with specific undertakings contained in the
order, including expenditure of at least $1 million to retain a third
party consultant to conduct comprehensive compliance audits, and
implementation of the consultant's recommendations.
Crofwell also consented to entry of a final judgment in a settled
civil action filed in the U.S. District Court for the District of
Massachusetts, without admitting or denying the allegations of the
complaint in that action. The judgment orders him to pay a $75,000
civil penalty for aiding and abetting the Exchange's violations of
Section 19(g) of the Exchange Act. (Rel. 34-56352; File No. 3-12744;
Press Rel. 2007-171); [SEC v. James B. Crofwell, Case No. 07 CA 11640
RWZ (D. Mass.)] (LR-20265)
IN THE MATTER OF MARTIN S. DUFFIELD AND RAUL A. JORDAN
On September 5, the Commission issued an Order Instituting
Administrative and Cease-and-Desist Proceedings, Making Findings, and
Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to
Section 8A of the Securities Act of 1933 and Sections 15(b) And 21C of
the Securities Exchange Act of 1934 (Order) against Martin S. Duffield
(Duffield) And Raul A. Jordan (Jordan).
The Order finds that Duffield and Jordan, from July 2001 to April
2004, were sales agents for D.W. Heath & Associates, Inc. From 1996
until late April 2004, Heath & Associates, which was controlled by
Daniel W. Heath, raised over $138 million from more than 1,400
investors nationwide, most of whom were senior citizens, in an
unregistered notes offering in two-Heath controlled entities, Private
Capital Management, Inc. and the PCM Fixed Income Fund I, LLC (the PCM
Notes). Duffield and Jordan offered and sold more than $6 million in
PCM Notes to approximately 80 investors. Duffield and Jordan made
material misstatements and omitted material facts in selling the
notes. First, Duffield and Jordan falsely represented that the PCM
Notes were "safe" and "secured" because they were "backed by assets"
owned by companies that borrowed funds from PCM, and that returns were
"guaranteed." Second, they failed to disclose that they were paid a
sales commission by Heath & Associates, or falsely claimed that they
received no commission at all or misled prospective investors about
the sources of the funds used to pay their commissions. Third,
Duffield and Jordan failed to disclose that in March 1998, the
California Department of Corporations had issued two desist-and-
refrain orders against Heath, Heath & Associates, PCM, and the PCM
Fund for the unregistered sale of securities and for acting as
unregistered broker-dealers. During the relevant period, Duffield and
Jordan were associated with registered broker-dealers and sold the PCM
Notes without notice to or approval from those firms, and thereby
engaged in the practice of selling away.
Based on the above, the Order bars Duffield from association with any
broker or dealer and orders him to pay disgorgement of $264,040 plus
prejudgment interest, but that payment of all but $42,000 is waived
based on his statement of financial condition and other documents.
Duffield shall pay $42,000 to the court-appointed receiver for the
Heath entities. The Order bars Jordan from association with any broker
or dealer, with the right to reapply for association after five (5)
years to the appropriate self-regulatory organization, or if there is
none, to the Commission and orders him to pay disgorgement of $270,337
plus prejudgment interest, but that payment of all but $5,000 is
waived based upon his statement of financial condition and other
documents. Jordan shall pay $5,000 to the court-appointed receiver.
Duffield and Jordan consented to the issuance of the Order without
admitting or denying the findings contained in this Order. (Rel. 33-
8838; 34-56353; File No. 3-12745)
SAKS INC. SETTLES FINANCIAL REPORTING AND RELATED CHARGES BY SEC
On September 5, the Commission filed a civil injunctive action
charging Saks Incorporated, owner of luxury department store Saks
Fifth Avenue among other retail chains, with violating the financial
reporting, books-and-records, and internal control provisions of the
Securities Exchange Act of 1934. Saks has agreed to settle the case,
without admitting or denying the Commission's allegations, and has
agreed to an injunction barring future violations of these provisions.
The Commission's complaint, filed in federal court in Manhattan,
alleges that from the mid-1990s until 2003, certain employees of the
company's Saks Fifth Avenue Enterprises division (SFAE) engaged in two
deceptive practices in order to achieve their financial targets for
the month, quarter or retail season and that these practices resulted
in the company's overstatement of income by material amounts in its
financial statements for its 2000, 2001, and 2002 fiscal years and for
two quarters in fiscal 2001 and 1999. According to the complaint, the
improper accounting by Saks resulted from aggressive financial targets
the company set for SFAE, the belief by some SFAE buyers that they
were expected to achieve their targets by deceptive means, if
necessary, and Saks' lack of adequate internal controls.
The deceptive practices consisted of the intentional over-collection
of vendor allowance, or VA, and the improper deferral -- or rolling --
of markdowns of goods whose value was impaired. As a result of the
vendor allowance over-collection, Saks overstated its net income for
the fiscal year ended Feb. 3, 2001 by 7.0%; overstated its net income
for the fiscal year ended Feb. 2, 2002 by 32.3%; overstated its net
income for fiscal year ended Feb. 1, 2003 by 42.6%; and overstated its
net income by 3.6% for the fiscal year ended Jan. 31, 2004. As a
result of the markdown rolling, Saks overstated its net income in the
second quarter of fiscal year 1999 by 86.5%; and understated its loss
in the second quarter of fiscal year 2001 by 10.4%.
The complaint alleges that Saks violated Sections 13(a), 13(b)(2)(A)
and 13(b)(2)(B) of the Exchange Act, and Rules 12b-20, 13a-1, 13a-11
and 13a-13 thereunder. Without admitting or denying the Commission's
allegations, Saks has agreed to settle the charges by consenting to a
permanent injunction against further violations of those provisions.
[SEC v. Saks Incorporated, 07 Civ. 7821 (S.D.N.Y.) (CM)] (LR-20266;
AAE Rel. 2674)
SEC CHARGES TWENTY-SIX DEFENDANTS IN $428 MILLION SECURITIES FRAUD
THAT TARGETED SENIOR CITIZENS AND RETIREMENT SAVINGS
Continuing its crackdown on fraud against senior citizens, the
Commission today filed charges stemming from a $428 million securities
fraud that victimized thousands of seniors and other investors
throughout the United States. The SEC's action, filed in federal
district court in Chicago, Illinois, charges 26 defendants and alleges
that they participated in a massive fraud on U.S. investors that
involved the sale of securities in the form of "Universal Leases." The
Universal Lease investments were structured as timeshares in several
hotels in Cancun, Mexico, coupled with a pre-arranged rental agreement
that promised investors a high, fixed rate of return. The Universal
Lease scheme has now collapsed and investor losses exceed $300
million.
The SEC alleges that Michael E. Kelly (Kelly) and those working with
him defrauded thousands of U.S. investors into using their retirement
savings to buy Universal Leases on the false promise of safe and
guaranteed returns. The SEC alleges that from 1999 until 2005, Kelly
and others raised at least $428 million through the Universal Lease
scheme from investors throughout the United States, with more than
$136 million of the funds invested coming from IRA accounts. The SEC
further alleges that a nationwide network of unregistered salespeople
who sold the Universal Leases collected undisclosed commissions
totaling more than $72 million. The SEC also alleges that Kelly and
others ran the scheme from Cancun, Mexico, through a number of foreign
entities in Mexico and Panama. According to the SEC's complaint, Kelly
and others told investors that Universal Leases would generate
guaranteed income through the leasing of investor timeshares by a
large, independent leasing agent. In fact, the complaint alleges, the
leasing agent was a small Panamanian travel agency controlled by
Kelly, and for most of the scheme its payments to investors came from
accounts funded by money raised from new investors. Further, the
complaint alleges that Kelly and the other defendants failed to
disclose key facts about the Universal Lease investment, including the
risks of the investment and that more than $72 million in investor
funds were used to pay commissions as high as 27% to the selling
brokers.
The SEC's complaint names the following individuals and entities as
defendants: Kelly, Michael P. Kelly, Donald L. Kelly, John Corwin,
Corporativo Nola, S.A. de C.V., Resort Holding International (RHI)
S.A., Panorama Communities, S.A., World Phantasy Tours, Inc. (Viajes
Fantasia Por El Mundo, S.A.), also d/b/a Majesty Travel, Galaxy
Properties Management, S.A., Yucatan Resorts, S.A. de C.V., Resort
Holdings International, S.A. de C.V. The complaint also names as
defendants a number of the unregistered brokers who sold the Universal
Leases to the investing public. They are: Mark Ruttenberg, Ruttenberg
and Associates Financial Marketing, Inc., Mark G. Meyer, Mark Meyer
and Associates, Inc., Richard E. Riner, Southwest Income Marketing,
Inc., George Phelps, also d/b/a Safe Estate Plans, John E. Tencza,
also d/b/a American Investment Management Group, Inc., American Elder
Group, L.L.C., Carl Q. Lee, Carl Lee and Associates, Inc., Roy D.
Higgs, Warren T. Chambers, William K. Boston, Jr. and Century Estate
Planning, Inc. Finally, the complaint names Avanti Motor Corp. and DMK
Properties, L.L.C., two entities affiliated with Kelly, as relief
defendants, alleging that they received ill-gotten gains from the
scheme.
The SEC's complaint, as set forth more fully in the complaint linked
to this release, charges violations of Sections 5(a), 5(c) and 17(a)
of the Securities Act of 1933 (Securities Act), Sections 10(b) and
15(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules
10b-5 and 10b-10 thereunder. Further, Kelly is charged as a control
person under Section 20(a) of the Exchange Act and certain defendants
are charged with aiding and abetting others' violations under Section
20(e) of the Exchange Act. The complaint seeks permanent injunctions
against the defendants, disgorgement of ill-gotten gains, and civil
penalties. [SEC v. Michael E. Kelly, et al., (U.S.D.C. N.D. Ill.,
Civil Action Number 07 C 4979] (LR-20267; Press Rel. 2007-172)
FEDERAL COURT ENTERS JUDGMENTS IN INSIDER TRADER ACTION AGAINST WIFE
OF FORMER CHAIRMAN AND CEO OF CUBIST PHARMACEUTICALS, INC. AND TWO
TIPPEES
The Commission announced today that on September 4 the Honorable
Morris E. Lasker of the U.S. District Court for the District of
Massachusetts entered Final Judgments against Patricia B. Rocklage,
William M. Beaver and David G. Jones in connection with an insider
trading case involving trading in the common stock of Massachusetts-
based Cubist Pharmaceuticals, Inc. The final judgments, entered by
consent, enjoin Rocklage, Beaver and Jones from violating the
antifraud provisions of the securities laws and hold each of them
liable for disgorgement, prejudgment interest and civil penalty
payments.
On Jan. 12, 2005, the Commission filed a complaint alleging that, on
Dec. 31, 2001, Scott M. Rocklage, who was at that time Cubist's
Chairman and CEO, informed his wife, Patricia Rocklage, that the
results of a clinical trial on one of Cubist's most important
products, Cidecin (now known as Cubicin), were negative. The complaint
further alleged that, unbeknownst to her husband, Ms. Rocklage had a
pre-existing understanding with her brother, Beaver, whereby she would
give him a wink and a nod if she ever became aware of any bad news
about Cubist that might affect its stock price. According to the
complaint, shortly after learning about the trial results, Ms.
Rocklage told her husband that she intended to signal Beaver to sell
his Cubist stock, and Scott Rocklage urged his wife to not communicate
with Beaver about the trial results. The complaint alleged that,
notwithstanding her husband's entreaties, by no later than the morning
of Jan. 2, 2002, Ms. Rocklage provided a wink and a nod to Beaver,
who, at approximately 10 a.m. that day, sold all 5,583 shares of
Cubist stock that he owned or controlled. The complaint further
alleged that, after receiving the signal from his sister, Beaver
tipped his friend and neighbor, Jones. Jones then who proceeded to
sell all 7,500 shares of Cubist stock that he owned on the morning of
Jan. 3, 2002. Following the announcement of the trial results on Jan.
16, 2002 after the market closed, Cubist's stock price dropped by 46%,
from a closing price of $31.75 that day to a closing price of $17.02
on Jan. 17, 2002. The complaint alleged that, by selling when they
did, Beaver and Jones avoided losses of $99,527 and $133,222,
respectively.
Previously, the District Court rejected the defendants' motion to
dismiss the Commission's complaint, and the United States Court of
Appeals for the First Circuit affirmed that decision on Nov. 14, 2006.
The defendants had argued that, after she received the inside
information, Ms. Rocklage's disclosure to her husband that she was
going to tip her brother negated any liability under insider trading
case law. The First Circuit rejected this argument and ruled that the
Commission had stated a valid claim against the defendants and
affirmed the District Court's rejection of the defendants' motion to
dismiss.
Ms. Rocklage, Beaver and Jones agreed to settle the charges against
them without admitting or denying the allegations contained in the
Commission's complaint. Under the terms of the settlement, each of the
defendants has consented to the entry of a final judgment permanently
enjoining them from violating Section 17(a) of the Securities Act of
1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule
10b-5 thereunder. The judgments also order Ms. Rocklage and Beaver,
jointly and severally, to disgorge $99,527, representing Beaver's loss
avoided, plus $36,643 in prejudgment interest thereon, and require Ms.
Rocklage, Beaver and Jones, jointly and severally, to disgorge
$133,222, representing Jones' loss avoided, plus $49,049 in
prejudgment interest thereon. In addition, the judgments order Ms.
Rocklage to pay a civil penalty of $99,527, Beaver to pay a civil
penalty of $232,749 and Jones to pay a civil penalty of $133,222.
The Commission acknowledges the assistance provided by the NASD in
this matter. [SEC v. Patricia B. Rocklage et al., Civil Action No. 05-
10074-MEL, USDC, D.Mass.] (LR-20268)
INVESTMENT COMPANY ACT RELEASES
TRUST FOR PROFESSIONAL MANAGERS AND ENVESTNET ASSET MANAGEMENT, INC.
A notice has been issued giving interested persons until September 25,
2007 to request a hearing on an application filed by Trust For
Professional Managers and Envestnet Asset Management, Inc. for an
order exempting them from Section 15(a) of the Investment Company Act
of 1940 (Act) and Rule 18f-2 under the Act. The order would permit the
applicants to enter into and materially amend subadvisory agreements
without shareholder approval and grant relief from certain disclosure
requirements. (Rel. IC-27964 - August 31)
SELF-REGULATORY ORGANIZATIONS
PROPOSED RULE CHANGE The Financial Industry Regulatory Authority filed
a proposed rule change (SR-FINRA-2007-006) relating to Historic TRACE
Data. Publication is expected in the Federal Register during the week
of September 3. (Rel. 34-56327)
IMMEDIATE EFFECTIVENESS OF PROPOSED RULE CHANGES
A proposed rule change filed by the International Securities Exchange
relating to fee changes (SR-ISE-2007-78) 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
September 3. (Rel. 34-56346)
The National Association of Securities Dealers (n/k/a Financial
Industry Regulatory Authority, Inc.) filed a proposed rule change and
Amendment No. 1 thereto (SR-NASD-2007-056) under Rule 19b-4 of the
Securities Exchange Act of 1934 to establish a membership waive-in
process for certain NYSE member organizations. Publication is expected
in the Federal Register during the week of September 3. (Rel. 34-
56347)
A proposed rule change (SR-NASDAQ-2007-073) filed by The NASDAQ Stock
Market to modify the Halt Cross process 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
September 3. (Rel. 34-56348)
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
publicinfo@sec.gov. In most cases, this information is also available
on the Commission's website: www.sec.gov.
S-8 ELDORADO GOLD CORP /FI,
920 - 1055, WEST HASTINGS STREET, VANCOUVER, A1, V6E 2E9,
5,149,850 ($25,440,259.00) Equity, (File 333-145854 - Sep. 4) (BR. 04B)
S-8 IRONCLAD PERFORMANCE WEAR CORP, 1111 EAST EL SEGUNDO BLVD., EL SEGUNDO,
CA, 91045, 310-577-5820 - 4,250,000 ($2,082,500.00) Equity,
(File 333-145855 - Sep. 4) (BR. 02A)
S-4 CT HOLDINGS ENTERPRISES INC, 5420 LYNDON B. JOHNSON FREEWAY,
SUITE 1600, DALLAS, TX, 75240, 2145209292 - 0 ($473.00) Equity,
(File 333-145856 - Sep. 4) (BR. 09B)
S-8 WESTFIELD FINANCIAL INC, 141 ELM STREET, WESTFIELD, MA, 01085,
4135681911 - 2,184,142 ($22,051,570.58) Equity, (File 333-145857 -
Sep. 4) (BR. 07C)
SB-2 GuangZhou Global Telecom, Inc., ROOM 1802, NORTH TOWER, SUNTEC PLAZA,,
NO. 197 GUANGZHOU AVENUE NORTH, GUANGZHOU, F4, 510075,
(44) 1207-245-6131 - 5,087,107 ($4,861,323.00) Equity,
(File 333-145858 - Sep. 4) (BR. 11C)
S-8 HSBC HOLDINGS PLC, 8 CANADA SQUARE, LONDON, X0, E145HQ, 442079912652 -
0 ($420,178,078.98) Equity, (File 333-145859 - Sep. 4) (BR. 07B)
S-3ASR ANNALY CAPITAL MANAGEMENT INC, 1211 AVENUE OF THE AMERICAS, NEW YORK,
NY, 10036, 212 696 0100 - 0 ($692,000,000.00) Equity,
(File 333-145860 - Sep. 4) (BR. 08A)
SB-2 Solera National Bancorp, Inc., 319 SOUTH SHERIDAN BOULEVARD, LAKEWOOD,
CO, 80226, 303-209-8600 - 0 ($2,323,430.00) Other, (File 333-145861 -
Sep. 4) (BR. 07C)
S-8 EMERITUS CORP\WA\, 3131 ELLIOTT AVENUE, SUITE 500, SEATTLE, WA, 98121,
2062982909 - 1,000 ($10,000.00) Equity, (File 333-145862 - Sep. 4)
(BR. 11B)
SB-2 SEAWRIGHT HOLDINGS INC, 600 CAMERON STREET, 600 CAMERON STREET,
ALEXANDRIA, VA, 22134, 7033401629 - 3,793,400 ($2,276,040.00) Equity,
(File 333-145864 - Sep. 4) (BR. 02B)
S-8 Origin Agritech LTD, NO. 21 SHENG MING YUAN ROAD,
CHANGPING DISTRICT BEIJING, F4, 102206, 858-847-9000 -
1,500,000 ($11,775,000.00) Equity, (File 333-145865 - Sep. 4) (BR. 04C)
S-8 BIOPHAN TECHNOLOGIES INC, 150 LUCIUS GORDON DR, STE 215,
WEST HENRIETTA, NY, 14586, 5852142441 - 4,300,000 ($881,500.00) Equity,
(File 333-145867 - Sep. 4) (BR. 10A)
S-3 ANDERSONS INC, 480 W DUSSEL DR, MAUMEE, OH, 43537, 4198935050 -
30,000,000 ($30,000,000.00) Non-Convertible Debt, (File 333-145868 -
Sep. 4) (BR. 05B)
S-8 ICO Global Communications (Holdings) LTD, PLAZA AMERICA TOWER,
11700 PLAZA AMERICA DRIVE, SUITE 1010, RESTON, VA, 20190,
(703) 964-1400 - 0 ($21,700,000.00) Equity, (File 333-145869 - Sep. 4)
(BR. 11B)
F-1 MEGAWEST ENERGY CORP., SUITE 403 - 850 WEST HASTINGS STREET, VANCOUVER,
A1, V6C 1E1, 604-737-1015 - 57,473,673 ($110,924,188.89) Equity,
(File 333-145870 - Sep. 4) (BR. 09B)
SB-2 Platinum Studios, Inc., 11400 W. OLYMPIC BOULEVARD, SUITE 1400,
LOS ANGELES, CA, 90064, (301) 807-8100 -
66,255,825 ($6,625,583.00) Equity, (File 333-145871 - Sep. 4) (BR. )
S-8 SULPHCO INC, 850 SPICE ISLANDS DRIVE, SPARKS, NV, 89431, 775-829-1310 -
2,000,000 ($9,737,825.00) Equity, (File 333-145872 - Sep. 4) (BR. 06B)
S-3 Ascent Solar Technologies, Inc., 8120 SHAFFER PARKWAY, LITTLETON, CO,
80127, 303 420 1141 - 0 ($135,200.00) Other, (File 333-145873 - Sep. 4)
(BR. 10A)
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
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 Principal Officers; Election of Directors;
Appointment of Principal Officers
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
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 obtained in person or by writing to the
Commission's Public Reference Branch at 100 F Street, N.E.,
Washington, D.C. 20549-1090 or at the following e-mail box address:
publicinfo@sec.gov. In most cases, this information is also available
on the Commission's website: www.sec.gov.
STATE
NAME OF ISSUER CODE 8K ITEM NO. DATE COMMENT
-------------------------------------------------------------------------------------------------------
ABRAXAS PETROLEUM CORP NV 5.02,9.01 09/04/07
ACCENTURE LTD 5.02 08/29/07
ACCENTURE SCA 5.02 08/29/07
Advanced BioPhotonics Inc. DE 1.01,2.03,3.02,9.01 08/29/07
AF FINANCIAL GROUP 2.02,9.01 09/04/07
AGILYSYS INC OH 2.01,9.01 06/18/07 AMEND
AIS FUTURES FUND IV LP DE 3.02 08/31/07
AMERALIA INC 1.01,3.02,5.01,8.01,9.01 08/22/07
America Asia Corp. NV 1.02 06/30/07
AMERICAN DENTAL PARTNERS INC DE 1.01,9.01 08/30/07
American Electric Technologies Inc FL 8.01,9.01 08/28/07
AMERICAN TOWER CORP /MA/ DE 1.01,2.03,9.01 08/30/07
AMERIGROUP CORP 5.02 09/01/07
AMERIRESOURCE TECHNOLOGIES INC DE 3.02 09/04/07
Amish Naturals, Inc. NV 1.01,3.02,8.01,9.01 08/31/07
ANESIVA, INC. DE 8.01,9.01 09/04/07
APPLIED DIGITAL SOLUTIONS INC MO 1.01,1.02,2.03,3.02 08/31/07
APRIA HEALTHCARE GROUP INC DE 5.02,9.01 09/04/07
ARADIGM CORP CA 1.01 08/30/07
ARCADIA RESOURCES, INC NV 1.01,9.01 08/29/07
Ardea Biosciences, Inc./DE DE 7.01,9.01 09/04/07
AUXILIO INC NV 1.01,9.01 08/13/07
AVANEX CORP DE 2.02,9.01 09/04/07
Avantair, Inc DE 2.02,9.01 09/04/07
AVISTA CORP WA 8.01 08/24/07
Bear Stearns Structured Products Inc. DE 9.01 08/31/07
BEDMINSTER NATIONAL CORP DE 8.01,9.01 08/31/07
BIG LOTS INC OH 1.01,2.02,9.01 08/28/07
BILL BARRETT CORP 7.01,9.01 09/04/07
BLUE RIVER BANCSHARES INC IN 3.01,9.01 08/28/07
BPO Management Services DE 1.01,9.01 06/21/07 AMEND
BRADLEY PHARMACEUTICALS INC DE 1.01 08/29/07
BROOKE CAPITAL CORP KS 8.01,9.01 08/28/07
BUTLER INTERNATIONAL INC /MD/ MD 1.01,2.03,5.03,8.01,9.01 08/27/07
CA, INC. DE 1.01,1.02,2.03,9.01 08/29/07
Cal Dive International, Inc. DE 7.01,9.01 09/04/07
CAMCO FINANCIAL CORP DE 7.01,9.01 09/04/07
CARACO PHARMACEUTICAL LABORATORIES LT MI 3.02 08/13/07
CARRIZO OIL & GAS INC TX 7.01 09/04/07
CARTOON ACQUISITION, INC. DE 4.01,9.01 05/22/07 AMEND
CATERPILLAR INC DE 8.01 09/04/07
Celsia Technologies, Inc. NV 5.02 08/28/07
CHANNELL COMMERCIAL CORP DE 1.01,9.01 08/28/07
CHINA FIRE & SECURITY GROUP, INC. 2.02,7.01,9.01 09/04/07
CHINA ORGANIC AGRICULTURE, INC. 8.01,9.01 08/31/07
China VoIP & Digital Telecom Inc. NV 8.01,9.01 09/04/07
China Water & Drinks Inc.. NV 1.01,3.02,9.01 08/31/07
CHINA WORLD TRADE CORP NV 5.02 08/28/07
CHS INC MN 1.01,5.02 09/04/07
CLEARONE COMMUNICATIONS INC UT 8.01 09/04/07
CLEARONE COMMUNICATIONS INC UT 8.01 09/04/07
CLEARONE COMMUNICATIONS INC UT 8.01,9.01 09/04/07
CLINICAL DATA INC DE 8.01,9.01 09/04/07
CLST Holdings, Inc. DE 4.01,5.02,9.01 08/28/07
COCA COLA ENTERPRISES INC DE 1.01 08/29/07
COLONIAL BANCGROUP INC DE 7.01,9.01 09/04/07
COMMUNICATIONS SYSTEMS INC MN 5.02,9.01 08/28/07
Compass Diversified Trust DE 8.01,9.01 08/31/07
COMPETITIVE TECHNOLOGIES INC DE 8.01 09/04/07
COMPUMED INC DE 7.01,8.01 08/31/07
COMVERSE TECHNOLOGY INC/NY/ NY 5.05,9.01 08/29/07
Conmed Healthcare Management, Inc. DE 8.01,9.01 09/04/07
Copano Energy, L.L.C. DE 1.01,3.02,7.01,9.01 08/31/07
COSINE COMMUNICATIONS INC DE 1.01,9.01 08/31/07
CROSS COUNTRY HEALTHCARE INC DE 2.02,7.01,9.01 08/31/07
CTC Media, Inc. 1.01,9.01 09/03/07
Customer Acquisition Network Holdings DE 1.01,2.01,3.02,5.01,5.02,9.01 08/28/07
CYTORI THERAPEUTICS, INC. DE 1.01,3.03,9.01 08/28/07
DANA CORP VA 8.01,9.01 08/31/07
DEERE & CO DE 7.01 09/04/07
DELPHI CORP DE 1.01,9.01 08/29/07
DELTATHREE INC DE 1.01,5.02,9.01 09/04/07
DG FastChannel, Inc DE 4.01,9.01 08/29/07
DIAMOND HILL INVESTMENT GROUP INC OH 8.01 09/04/07
DIAMOND OFFSHORE DRILLING INC DE 7.01,9.01 09/04/07
DIGITAL ANGEL CORP DE 1.01,1.02,2.03,3.02 08/31/07
DILLARDS INC DE 7.01,9.01 09/04/07
DOMINION RESOURCES INC /VA/ VA 5.02,8.01 08/29/07
DONALDSON CO INC DE 2.02,9.01 09/04/07
DRIL-QUIP INC DE 7.01,9.01 09/04/07
DTE ENERGY CO MI 7.01,9.01 09/04/07
Eastern Insurance Holdings, Inc. PA 8.01,9.01 09/04/07
EASYLINK SERVICES INTERNATIONAL CORP DE 1.01,9.01 08/28/07
EDIETS COM INC DE 1.01,9.01 08/31/07
EL PASO CORP/DE DE 7.01,9.01 09/04/07
ELECSYS CORP KS 1.01,9.01 09/04/07
EMCORE CORP NJ 5.02 08/28/07
EMERITUS CORP\WA\ WA 1.01,1.02,2.03,8.01,9.01 08/31/07
EMERITUS CORP\WA\ WA 1.02,2.01,3.02,5.02,7.01,9.01 08/29/07
EPICUS COMMUNICATIONS GROUP INC FL 1.01 08/15/07
EXELIXIS INC DE 1.01 09/04/07
EXELON CORP PA 7.01,8.01,9.01 08/28/07
EXTERRAN ENERGY SOLUTIONS, L.P. DE 4.01,9.01 08/20/07 AMEND
FAMILY DOLLAR STORES INC DE 5.02,9.01 08/28/07
FEDERAL AGRICULTURAL MORTGAGE CORP 1.01 09/04/07
Federal Home Loan Bank of Atlanta X1 2.03 08/29/07
Federal Home Loan Bank of Cincinnati X1 8.01 09/04/07
Federal Home Loan Bank of Des Moines X1 2.03,9.01 08/29/07
Federal Home Loan Bank of Des Moines X1 7.01,9.01 09/04/07
Federal Home Loan Bank of Indianapoli X1 2.03,9.01 08/29/07
Federal Home Loan Bank of New York X1 8.01 09/04/07
Federal Home Loan Bank of Pittsburgh PA 2.03,9.01 08/29/07
Federal Home Loan Bank of San Francis X1 2.03 08/29/07
Federal Home Loan Bank of San Francis X1 7.01,9.01 09/04/07
FINISAR CORP DE 2.02,9.01 09/04/07
FIRST FINANCIAL CORP /IN/ IN 5.02,9.01 08/29/07
FLATBUSH FEDERAL BANCORP INC 8.01,9.01 08/30/07
FORD MOTOR CO DE 8.01,9.01 09/04/07
FOSSIL INC DE 5.02 08/29/07
Frontier Airlines Holdings, Inc. DE 8.01,9.01 09/04/07
g8wave Holdings, Inc. 5.02,7.01,9.01 08/27/07
GALAXY ENERGY CORP CO 8.01,9.01 09/04/07
GENERAL COMMUNICATION INC AK 5.02 08/31/07
GENERAL ELECTRIC CO NY 8.01,9.01 09/04/07
GeoMet, Inc. DE 5.02,9.01 09/04/07
GRANT PARK FUTURES FUND LIMITED PARTN IL 7.01 08/31/07
Guardian Zone Technology, Inc. DE 1.01 04/15/07
GUESS INC DE 2.02,9.01 09/04/07
H&E Equipment Services, Inc. DE 1.01,2.01,2.03,8.01,9.01 08/31/07
HANOVER COMPRESSOR CO / DE 4.01,9.01 08/20/07 AMEND
HARTCOURT COMPANIES INC UT 1.02 06/11/07
HARTCOURT COMPANIES INC UT 1.02,7.01 06/11/07
HEALTHCARE REALTY TRUST INC MD 8.01 08/29/07
HealthMarkets, Inc. DE 5.02,9.01 08/30/07
HeartWare LTD C3 7.01,9.01 09/04/07
HELIX ENERGY SOLUTIONS GROUP INC MN 7.01,9.01 08/28/07
HINES HORTICULTURE INC DE 1.01,9.01 08/29/07
Homeland Security Capital CORP DE 2.01,9.01 08/28/07 AMEND
HSI Asset Loan Obligation Trust 2007- 6.02 09/01/07
HUSKER AG LLC NE 8.01,9.01 08/31/07
INNUITY, INC. /UT/ UT 1.01 08/28/07
INTERLINK ELECTRONICS INC DE 2.01,8.01,9.01 08/31/07
INTERNATIONAL TEXTILE GROUP INC DE 5.02,9.01 08/31/07
INTERNATIONAL WIRE GROUP INC DE 7.01,9.01 08/31/07
INTERSIL CORP/DE DE 7.01,9.01 09/04/07
INX Inc DE 1.01,2.01,3.02,7.01,9.01 08/31/07
ITT CORP IN 8.01,9.01 09/04/07
IXIA CA 5.02,9.01 09/02/07
J P MORGAN CHASE & CO DE 9.01 08/31/07
J.P. Morgan Alternative Loan Trust 20 DE 6.02 09/01/07
J.P. Morgan Mortgage Trust 2007-S2 DE 6.02 09/01/07
J.P. Morgan Mortgage Trust 2007-S3 DE 6.02 09/01/07
JOHN D. OIL & GAS CO 1.01,2.03,9.01 08/28/07
KBS Real Estate Investment Trust, Inc MD 1.01,2.01,2.03,9.01 08/28/07
KENT FINANCIAL SERVICES INC DE 1.01,5.02,9.01 08/31/07
KENT INTERNATIONAL HOLDINGS INC NV 1.01,5.02,9.01 08/31/07
KRAFT FOODS INC VA 5.02,9.01 08/28/07
KRONOS WORLDWIDE INC 7.01,9.01 08/31/07
LADISH CO INC WI 8.01,9.01 09/04/07
LAND O LAKES INC 1.01,5.02,8.01 09/04/07
LANDAUER INC DE 8.01,9.01 08/31/07
LEGACY RESERVES L P 7.01,9.01 09/04/07
LEVITT CORP FL 7.01,9.01 08/29/07
LHC Group, Inc 8.01,9.01 09/04/07
Live Nation, Inc. DE 5.02 09/01/07
LOCAL.COM DE 1.01,9.01 08/28/07
LOOKSMART LTD DE 1.01,5.02,8.01,9.01 08/28/07
LUDVIK CAPITAL INC DE 8.01 08/31/07
Lumonall Inc. NV 5.02 08/28/07
Lusora Healthcare Systems Inc. NV 1.01,9.01 08/22/07
MANOR CARE INC DE 8.01,9.01 08/31/07
MATRITECH INC/DE/ DE 1.01,2.03,9.01 08/30/07
MEDIANET GROUP TECHNOLOGIES INC NV 5.02 08/29/07
MEDIWARE INFORMATION SYSTEMS INC NY 5.02,9.01 08/30/07
MELT INC NV 5.02 08/31/07
MEMC ELECTRONIC MATERIALS INC DE 8.01,9.01 09/04/07
Mercantile Bancorp, Inc. DE 8.01,9.01 08/31/07
MERRILL LYNCH & CO INC DE 8.01,9.01 09/04/07
METROPCS COMMUNICATIONS INC DE 8.01,9.01 09/04/07
MFRI INC DE 1.01,2.03,9.01 08/28/07
MITCHAM INDUSTRIES INC TX 2.02,9.01 09/04/07
MOLSON COORS BREWING CO CO 5.02 08/30/07
MONSTER WORLDWIDE INC DE 8.01,9.01 09/04/07
MONTANA ACQUISITION CORP DE 4.01,9.01 08/10/07 AMEND
MOVIE GALLERY INC DE 1.01,9.01 09/04/07
MUNICIPAL MORTGAGE & EQUITY LLC DE 1.01,3.01,9.01 08/28/07
My Quote Zone, Inc. NV 5.02 08/31/07
NATIONAL CITY CORP DE 8.01,9.01 09/01/07
NATIONAL FUEL GAS CO NJ 8.01,9.01 08/31/07
National Interstate CORP OH 8.01,9.01 09/04/07
NATIONAL LAMPOON INC CA 4.01,9.01 08/31/07
NATIONAL RETAIL PROPERTIES, INC. MD 8.01,9.01 09/04/07
NaturalNano , Inc. NV 1.01,5.02,7.01,9.01 08/31/07
NAVISITE INC DE 3.02 09/04/07
NAVTECH INC DE 1.01,2.03,9.01 08/28/07
NEOMEDIA TECHNOLOGIES INC DE 4.01,9.01 08/29/07
Neonode, Inc DE 4.01,9.01 08/10/07 AMEND
NeurogesX Inc CA 7.01,9.01 09/04/07
NEWS CORP 8.01,9.01 09/03/07
NEXT INC/TN DE 7.01,9.01 09/04/07
NL INDUSTRIES INC NJ 7.01,9.01 08/31/07
NOBLE INTERNATIONAL, LTD. DE 7.01,9.01 09/04/07
NRG ENERGY, INC. DE 1.01,9.01 08/28/07
NS8 CORP DE 5.02,9.01 08/31/07
NUVEEN INVESTMENTS INC DE 8.01 08/31/07
NYFIX INC DE 2.02,8.01,9.01 08/28/07
OLD REPUBLIC INTERNATIONAL CORP DE 5.03 09/04/07
OVERSEAS SHIPHOLDING GROUP INC DE 8.01,9.01 08/30/07
OXFORD MEDIA, INC. NV 5.03 08/28/07
PALM INC DE 5.02 08/28/07
Paramount Acquisition Corp DE 8.01,9.01 09/04/07
PARK ELECTROCHEMICAL CORP NY 9.01 09/04/07
PATTERSON UTI ENERGY INC DE 5.02,9.01 08/31/07
PDL BIOPHARMA, INC. DE 2.05,9.01 08/28/07
PEPSIAMERICAS INC/IL/ DE 8.01,9.01 09/04/07
PERFECTENERGY INTERNATIONAL LTD NV 4.01,9.01 09/04/07
PivX Solutions, Inc. NV 2.06 08/31/07
PLAINS ALL AMERICAN PIPELINE LP DE 7.01 09/04/07
PLAINS EXPLORATION & PRODUCTION CO DE 7.01,9.01 09/04/07
POWERSECURE INTERNATIONAL, INC. DE 7.01,9.01 08/28/07
PPL CORP PA 7.01,9.01 08/29/07
PREMIER EXHIBITIONS, INC. 1.01,5.02,5.03,9.01 08/29/07
Prestige Brands Holdings, Inc. 5.02 08/30/07
PRO-FAC COOPERATIVE INC 7.01,9.01 09/04/07
PROGRESS ENERGY INC NC 7.01 09/04/07
Puda Coal, Inc. 8.01 08/28/07
QUALITY SYSTEMS INC CA 5.02,9.01 09/04/07
QUICKLOGIC CORPORATION CA 1.01,5.02,9.01 08/29/07
RALI Series 2007 QS10 Trust DE 8.01,9.01 08/31/07
REPRO MED SYSTEMS INC NY 8.01,9.01 09/04/07
RODMAN & RENSHAW CAPITAL GROUP, INC. DE 8.01,9.01 08/31/07
ROHM & HAAS CO DE 2.05,8.01 09/04/07
ROYAL CARIBBEAN CRUISES LTD 7.01,9.01 09/04/07
ROYAL GOLD INC DE 1.01,5.02,9.01 08/28/07
SAFLINK CORP DE 1.01,8.01,9.01 08/30/07
SAVANNAH BANCORP INC GA 2.01 08/31/07
Securus Technologies, Inc. DE 5.02 08/31/07
SELIGMAN SELECT MUNICIPAL FUND INC MD 7.01,9.01 09/04/07
SENESCO TECHNOLOGIES INC DE 1.01,9.01 08/29/07
SERVICEMASTER CO DE 5.02,8.01,9.01 08/29/07
Shire plc 8.01,9.01 09/03/07
Silicon Mountain Holdings, Inc. CO 1.01,2.01,2.03,3.02,5.01,5.02, 08/28/07
5.03,7.01,9.01
SPARTON CORP OH 5.02,9.01 08/30/07
SPORT SUPPLY GROUP, INC. DE 5.02,9.01 08/28/07
SPORT SUPPLY GROUP, INC. DE 7.01,9.01 08/30/07
STAGE STORES INC NV 8.01,9.01 08/31/07
STANDEX INTERNATIONAL CORP/DE/ DE 5.02 08/31/07
STARWOOD HOTEL & RESORTS WORLDWIDE IN MD 1.01,5.02,7.01,9.01 08/31/07
STATE BANCORP INC NY 5.02,8.01,9.01 08/30/07
STEEL DYNAMICS INC IN 8.01,9.01 08/30/07
STERICYCLE INC DE 8.01,9.01 09/04/07
SUPERIOR BANCORP DE 8.01,9.01 08/03/07
SYMYX TECHNOLOGIES INC DE 5.02,5.03,9.01 08/30/07
Synova Healthcare Group Inc 1.01 08/28/07
TAGALDER GLOBAL INVESTMENT, INC. 1.01,3.02,9.01 08/29/07
TECHTEAM GLOBAL INC DE 8.01,9.01 08/31/07 AMEND
Telanetix,Inc DE 1.01,2.03,3.02,5.03,9.01 08/30/07
TELEDYNE TECHNOLOGIES INC DE 5.02,9.01 09/01/07
THORNBURG MORTGAGE INC MD 8.01,9.01 08/30/07
TITANIUM METALS CORP DE 7.01,9.01 08/31/07
TONGA CAPITAL CORP CO 3.02 09/04/07
TRANSOCEAN INC E9 7.01,9.01 09/04/07
TreeHouse Foods, Inc. DE 1.01,2.03,9.01 08/30/07
TRINITY INDUSTRIES INC DE 5.02 09/04/07
TRIQUINT SEMICONDUCTOR INC DE 8.01,9.01 09/04/07
TXU CORP /TX/ TX 1.01 08/28/07
UAP HOLDING CORP DE 7.01 09/04/07
UNION BANKSHARES CO/ME ME 8.01,9.01 08/17/07
UNIVERSAL CORP /VA/ VA 1.01,9.01 08/31/07
UNIVERSAL FOOD & BEVERAGE COMPNY NV 1.03,7.01,8.01,9.01 08/31/07
URANERZ ENERGY CORP. NV 8.01 08/24/07
URANERZ ENERGY CORP. NV 7.01,9.01 08/31/07
USEC INC DE 1.01 08/30/07
VALERO ENERGY CORP/TX DE 7.01,9.01 09/04/07
VALHI INC /DE/ DE 7.01,9.01 08/31/07
VECTr SYSTEMS INC 1.01,9.01 09/01/07
VIRGINIA FINANCIAL GROUP INC VA 1.01,5.02,9.01 08/28/07
VirtualScopics, Inc. DE 5.03,9.01 08/28/07
VUBOTICS INC NV 1.01,2.03,3.02,9.01 09/04/07
W HOLDING CO INC PR 5.02,9.01 09/03/07
Warner Music Group Corp. DE 8.01,9.01 09/04/07
WARREN RESOURCES INC MD 2.01,9.01 06/20/07 AMEND
WELLS REAL ESTATE INVESTMENT TRUST II MD 8.01 09/04/07
Wentworth Energy, Inc. OK 8.01 08/31/07
Western Dubuque Biodiesel, LLC IA 5.02 08/27/07
Whitestone REIT TX 7.01,9.01 08/28/07
WILLIAMS COMPANIES INC DE 7.01 09/04/07
WIND RIVER SYSTEMS INC DE 5.02 08/28/07
WORLD ENERGY SOLUTIONS, INC. FL 8.01 09/04/07
WORLD HEART CORP A6 5.02,9.01 08/30/07
XCEL ENERGY INC MN 2.02,9.01 09/04/07
ZEBRA TECHNOLOGIES CORP/DE DE 5.02,5.03,9.01 08/31/07
http://www.sec.gov/news/digest/2007/dig090507.htm
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