Post by imSINGLEruRICH on Aug 19, 2009 15:51:52 GMT -5
Ok.... who is this person behind the curtain??
dyemenz
DIAMOND DIGGER
Why John Edwards AND The Truth
Someone from the SEC stated in a convo, that ALL defendants must be defaulted. That it was Imperative, it was said, but why?
If we look at CMKM's case regarding John Edwards / David DeSormeau. This was the first one out of CMKM's gate. Probably because it was the easiest. CMKM's default of Edwards was signed and dated, June 30, 2008, filed July 1st. A Judgment for over $33 Million was granted. If you knew the SEC was coming after him also, you would want to do this. Something else was on CMKM's mind also i believe.
During the SEC convo, it was stated that if Criminal Charges were made against the defendants, all Civil cases would receive a Stay:
A stay of execution postpones the enforcement of a judgment against a litigant who has lost a case, called the Judgment Debtor
In other words, if a civil litigant wins money damages or some other form of relief, he may not collect the damages or receive the relief if the court issues a stay. Under rule 62 of the Federal Rules of Civil Procedure, every civil judgment is stayed for ten days after it is rendered. An additional stay of execution lasts only for a limited period. It usually is granted when the judgment debtor appeals the case, but a court may grant a stay of execution in any case in which the court feels the stay is necessary to secure or protect the rights of the judgment debtor.
The protecting of defendant's rights would be due to the Discovery collected and sought by the SEC which the criminal case would have access to.
Meaning....everything stops in those Civil Cases.
Something noticed in the Enforcement case announcements in huge fraud cases, we usually hear about a Grand Jury process in the works when SEC Enforcement comes out. Defendan'ts civil information is introduced and used, so their rights must be defended.
It seems the SEC & perhaps the Company having reason to believe a Grand Jury is on duty, try to beat them to the punch with litigation.
Looking for a post of an email with Leslie Hakala, questioning if defendant's assets are frozen? Ms Hakala responded that they were NOT and due to Strategy, could not comment further.
Here's a Strategy:
If you have read the SEC Enforcement manual, (ick) called the Red Book, it explains how the SEC determines if your case is worth their time, manpower, funds. success. It also discusses Jurisdictional issues. The SEC has been successful in returning some offshore funds. If offshore money was easy, no one would go there.
Something interesting maybe, once Indictments are handed down from a Grand Jury or prosecuting attorney (whomever) , DOJ immediately freezes assets. i would venture a guess, you must know where they are first. This is a jurisdictional issue and once the DOJ is on the trail, it's maybe their ball park.
By CMKM & SEC wrapping up John Edwards first, it appears they may have not wanted to be stopped in the disgorgement phase by a Stay.
If the share structure gets reduced to an acceptable level, although fair funds won't be your road to riches, it could be some nice pocket change.
Another thing would be, we've been enrolled in the Victim's Notification System and Restitution has been mentioned, which PJ told us makes a shareholder whole, disgorgement does not.
At this point with what we know about the corruption by Edwards & henchmen in a Criminal case, you or i could probably prove RICO ourselves in a half an hour or less or that Restitution is mandatory. We've already been set up it looks like in that process, should it occur.
These are sideline things to observe apparently while we wait what already presented itself to this board today as....very good news coming perhaps for shareholders & the company as per "buzz" section today. (not this).
Thank You for your time it took to read this. Back to the phone, more calls to make. Keith Houser could/will prove instrumental.
dyemenz
DIAMOND DIGGER
i was thinking more like RICO but good point. Thank You Maybe we haven't been notified because indictments haven't hit the fan yet. For those who invested Thousands and could retrieve it, this would still be good news, would it not? If you watch Houser, he must be on the wrong page also then. After all the hours people have put into CMKM, willing to bet they will be glad for any dollar they receive.
We are enrolled but a fund being set up would dictate how much collected. The costs associated with this programs & SEC, would be factors also.
i just got my head spun around regarding a convo.
The shareholders who have already profited on your dime, while you held on and don't want this company to go forward & succeed, means the same thing to them as it did to the insiders who made tons of money and wanted failure for you and your company. Because they think it all gets buried and they are off the hook. i'm happy to say this will not be so. You will not be able to succeed to put this Company under.
i've drawn my line in the sand and have nothing to worry about. i can't understand why others are willing to lend assistance and others just accept this.
Your only chance is this Company and should be asking yourself, what's the advantage of you aligning and helping them, help themselves get away, with what they've already done to you? You'll see this is true.
See you on the Flip side.
dyemenz
DIAMOND DIGGER
Kilbert,
You are not only intelligent but thank you for being respectful. Putting things out doesn't always apply to Certed. Your mind is open and you've put on your thinking cap.
Here's the deal. It's hard to sum up what's taken place in 6 years to get where we are.
Having been in this stock since when Cyber Mark, like the dozen or so still here. Things were evident then that was missed because i've ridden every ride in the CMKM Amusement Park. It's a hard thing to realize we have been purposely led from the truth and why. It hasn't been worth the price of admission.
i got sick of the 365 day a year pump of vast riches. i started questioning who the players were and the movement to sway shareholders that you had to fear new management and why. i asked for help to make sure we were not going to be left standing at the altar. i even got caught up in the misinformation deliberately being told but i didn't understand the severity of what was at hand.
Being afraid of bankruptcy was a certain issue & an intended purpose. This was only a part of what a bigger problem is. Most of you think new CMKM is fighting Urban to get assets away from shareholders for their own greed. That filed amendments point to Urban getting everything back, so for Tyler to be going after Urban it's not in our best interest. This thinking has been proved wrong to me.
The strategies and plans having to be implemented in litigation to save us, are necessary business measures. Going back to 2003, an announced reorg, a financial deal put us in the jeopardy new management uncovered. One we found outselves deeply interwoven with all the bad guys already in the shell when Urban merged the claims. Toxic spiral financing. i think Urban in his quest to realize his dream, was severely taken advantage of, plus as the SEC states in the complaint, Was under duress by the bad guys, who are to this day, still fighting to legally accomplish this. It's why they are on message boards, in chat rooms, etc. They are the clear and present danger !
Most shareholders have been victimized and innocent. Others not. For their own greed, & self betterment, against Our investment, accepted money & perks from the very people trying to destroy us. They have already made money from using us, swaying us from the truth and some ways continue. You've been given up in depositions...you do know that right? Whomever, You, are? Grand Jury's are privy to this information. This would be enough incentive right there to discredit certain entities whom hold the truth.
To get to the real crux, Urban has to be involved in litigation. One being he was the Director of the company, in the State of Nevada, the Director Is held responsible for whatever happens under his watch. He's the fall guy.....it's why the bad guys who held majority appointed him. Urban only held 8.9% at the time. The State of Nevada stands firm that a Director's plea of ignorance is not a defense.
Things had to be unraveled and undone. This takes time, lots of time. If only it was corruption, if only it was fail to delivers, if only it was unregistered shares, if only it was toxic financing, etc.
Agencies won't kick us loose and still involved...FBI, DOJ, IRS & SEC doing what they must. Even if the present CMKM did want to lead us astray, they could not. It seems to us that Urban is being uncessarily attacked, it's what the bad guys want you to believe. Urban is included in these business litigations because he has to be to get things undone, back up and on track. He knows it, i think a lot of you do also. You're just afraid to shift your support because you are attacked, ridiculed, silenced and abused. That's ok, even Urban understands this. Grand Jury's are privy to this info also. Bad people's concern is only for themselves, not you. Thank goodness, other entities concern is for the innocent shareholders.
Funny thing about remorse, most of the time, bad people are only sorry because they got caught. Some people are truly sorry something spiralled out of control and have had to stand silent, cannot act in your best interest as needed now. Cannot have an active, public, physical place in doing what must be done. Other people are here for that purpose. Shareholder Derivative actions are Not able to cancel shares nor sterilize stock, to seperate what evil has attached to us. No one else can do this except the company who is. Not the SEC, FBI, DOJ, etc. You saw that Urban was capable as Director in the State of Nevada to cancel, retire shares for ANY reason. He didn't cancel the 622 billion shares did he?
The company has told you the truth, much of it in FAQ's to what they knew then. What shareholders, imo need to do is realize, what was then and what Is now. Time is needed and time has become an enemy to us....this time it's in your favor. Let it be. Time to do this right, finish the battle, decisions, so the things you are being told going to happen, tommorow, next week, can become possible. Nothing is going to happen or can happen until what is before your eyes and can see is accomplished. The State of Texas, unlike Nevada, has no means of doing this themselves and Civil Court Rules of Procedure tells them, it's the only way.
The best thing we can do as shareholders, is realistically look at what you can see, with your own eyes. You are not going into a newcorp with a bloated, illegally gotten share structure. What problem would that solve, it would just continue one. End of story. It's already been done are false rumors. If we are Ever to be able to realize the true reason Most invested in the first place, give them the time and open mind, to let them accomplish it. Unfortunately, some climbed into this for their own personal, Ill Gotten Gains. You are the reason, it's taking longer and we cannot vote. Neither CMKM nor 1010, can no longer trust our judgments nor motives.
i'm satisfied that things are as they should be. My questions to where we are being led, answered. The bad people are still using people to extract every little piece of info to use in their fight against the good. Innocent shareholders are being used in this effort also. If you are one, please stop and start thinking for yourself. We've been trapped in lies and motives, corruption and manipulations against us. Where has this gotten the good shareholders? Not one dime more and we're still in a holding pattern.
i ask you to prove me wrong. The proof will be in if you get paid tommorrow, next week, etc. You will get paid only when it can happen. Lifestyles depend on where you place your support. i only ask that you think about these things. The right things being done, will continue with or without you. You're not affecting things being done on a daily bases for us, as much as we would like to think. Things are different because of you, that's true but......you can't stop it.
Thank You and with that, i'm happy, you should be too.
