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Post by John Winston Lennon O'Boogie on Oct 1, 2013 7:38:53 GMT -5
Shareholders, I am working on a message that will be posted today. The message is quite long, but necessary, in order to have a accurate record of the confirmation of funds. I apologise for the wait. Thank you, BHollenegg *Uses Foghorn Leghorn voice* Take your, I say take your time boy. We ain't goin' no place. ;D ;D ;D ;D ;D ;D Now that ther was Fun-Funny there boy. ;D ;D ;D
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Post by ccohen5017 on Oct 1, 2013 14:25:16 GMT -5
Bob, how are you oding on that post for today? Thanks
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Post by BHollenegg on Oct 1, 2013 14:44:21 GMT -5
Shareholders,
The confirmation of the CMKX Trust Funds should be a straight forward process. I am only asking for a signed statement, "There is a substantial Trust Fund for CMKX at Wells Fargo". The rest of the information can be obtained by a subpoena, if required. There are those who are complicating the process by putting out false information. I, as most of the shareholders, want the funds released as quickly as possible. The process has been time intensive and requires focus and not the distraction. I am providing the details of the confirmation process as to what transpired. I hope with this clarification that an understanding of what is required to bring this to a successful closure.
Chain of events for confirmation of funds...The Facts
CEO Kirkpatrick asked for proof of the Trust Funds for CMKX Shareholders. CEO Kirkpatrick has made it known many times that his stance about the Trust Funds, "There are no funds for the CMKX Shareholders." CEO Kirkpatrick also stated " That if anyone shows him proof of the funds existence that he will do what ever he can, using the company assets, and his position as CEO, to distribute the funds to CMKX shareholders.
"I was a plaintiff, and have provided what I know to the shareholders about the Trust Funds. Since my last update of the fund release on July 9, 2013, which I shared with the Shareholders, I have not received any updates from Attorney Hodges because he can't talk until the funds are released.
I am not the type to sit around and accept everything as is. This delay compounded with the end of the Biven's Lawsuit, brought up an ongoing, valid concern amongst the shareholders, "where is the proof of the Trust Funds".
I opened a thread on proboards for confirmation process of funds titled "DD'er I need your help". This verification process is for sharing information of what we know, whether the knowledge gained was from research or from communicating with others. The confirmation thread objective is to provide and annotate every step of the way of the discussions and evaluations of the information acquired. The information is provided for all the shareholders to read, comment, and have a record.
I went on a government site GAO.gov and did a search on various key words. When I did a search, on $3.87 Trillion Dollars , a page came up with the IRS and Treasury Department concerns about payment of taxes on trust funds and derivatives. I recalled a message to the shareholders in early 2010 that the taxes for the $3.87 Trillion Dollar Trust Funds were a concern with the IRS and were paid for the tax year 2009.
I then put in CMKX and a link came up with several links to fines and penalties. I informed the shareholders as part of this confirmation process and asked for assistance in going through the numerous links.
I was contacted by a Shareholder, who doesn't have an account on the message boards but heard from a fellow shareholder via email about the confirmation process. The shareholder and I have communicated a few times in the past via email. The shareholder provided his Full name, address, mobile phone number, land-line telephone number. I telephoned the shareholder and spoke with him at length. The shareholder explained his friend is a bank manager at Wells Fargo. The shareholder mentioned that he owned a penny stock and was waiting for a payout. The WF bank manager called a few days later and asked him if the stock he owns CMKX? The WF bank manager told him that there is a Trust account for CMKX over a Trillion Dollars at Wells Fargo and was active, to be distributed July 2013.
I received permission from the shareholder to provide his name to Attorney Hodges and then to CEO Kirkpatrick. I informed the shareholders of what was going in the "DD'ers, I need your help" thread with the following statement...
"Thank you all for your inputs. Through this research and confirmation process, one of the trusts, more than a Trillion Dollars, is located with Wells Fargo and is scheduled for distribution according to Wells Fargo bank official. The July 9th release was put on hold by the government. More information will be provided after legal consultation.
Thank you, BHollenegg"
CEO Kirkpatrick contacted me and asked for the information. I informed CEO Kirkpatrick that I was waiting on legal advice from Attorney Hodges before I go any further in case there are non disclosure agreements. I wanted to ensure that the shareholders are kept informed, to ensure the confirmation process was accomplished in a legal manner, and to ensure those involved are not discouraged by threats and harassment.
The shareholder went to the bank again and spoke to the bank manager and the bank manager's supervisor. I received this message...
"I saw my contact at the bank(Wells Fargo), he said the guy who knows about CMKX was in this morning, he said he heard CMKX could get paid this week, he did not specify if it was F&P's, trust or both"
I also received this message from Attorney Hodges...
"Hi Bob - Actually I've talked to Mr xxxxxx several times. My understanding is that his friend has no additional information - he basically just had a chance opportunity to observe one of his big bosses stumble over a computer screen which indeed showed a CMKM trust account which exceeded one trillion USD. I did also receive a message from him this AM that he had met with his banker this morning, who told him that the big boss had advised the branch banker that there was a notice out which indicated the CMKM trust account was to become active this week(!). We shall see. In the event you wish to speak to the actual branch manager guy, I certainly have no objection. Best, Al"
I immediately contacted CEO Kirkpatrick and provided the information. CEO Kirkpatrick spoke to the shareholder. CEO Kirkpatrick said that he believes the shareholder but does not believe the WF bank officials. CEO Kirkpatrick asked if I could help set up a conference call for the next day. The next morning, a message from CEO Kirkpatrick was on the message boards stating ....
"Bob gave me the name of the shareholder who told him about the “trust”. This shareholder has a buddy that works at Wells Fargo. His buddy told him that he had seen something on a screen showing a $1.2T trust marked CMKX. The shareholder has never seen the info – its hearsay from a friend that he knows and does not believe would lie to him. Bob has not seen any evidence firsthand. The shareholder asked Bob not to discuss it or post anything about it. He is shocked that Bob has run wild with this and it has gone viral. The bank employee never said anything about payment – just that he had seen something on the bank’s computer. The shareholder would not provide the name of the bank employee – I gave him my number and asked him to ask the bank employee to call me. He said he would, but doubted that I would get a call. I plan to e-mail Bob about this when I have time. This fiasco has cost me several hours/day for three or four days now. I need to be working on funding – not more “payment soon” rumors"
CEO Kirkpatrick said he did this because the company was in a lawsuit with Wells Fargo, they are using me so that shareholders would call, and the case could be lost because of my actions. CEO Kirkpatrick stated that no way does Wells Fargo have that much money. I provided CEO Kirkpatrick the Wells Fargo financial report where it list a Client account assets 1.2 Trillion Dollars.
CEO Kirkpatrick has a company to run. I appreciate the fact that his time is needed getting the company profitable. I am quite willing to provide confirmation of the Trust Funds. I have provided all the information I have to four shareholders to continue with the process in case I can't continue.
I also received several requests from shareholders to stop temporarily the confirmation process. The shareholders are concerned that continuing the confirmation process with the recent knowledge of a distribution could cause give another reason to stop the distribution. The main goal is to release the funds to the shareholders as quickly as possible.
The Shareholder did speak to the Bank manager today. We are still working on providing a written confirmation.
Thank you, BHollenegg
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Post by davesaint on Oct 1, 2013 14:56:57 GMT -5
Thanks Bob! I read through your post. Could you please just please just summarize the bottom-line current status. I wish I could say that I understood the bottom-line from you post but I don't.
Thanks!
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Post by thunkerdrone on Oct 1, 2013 16:22:35 GMT -5
It looks like all they are looking for right now is for the bank manager to put in writing what he has been telling the shareholder (that a CMKX trust fund exists at WF).
This written statement is needed as proof that no one is just making up stories in order to generate confusion and/or cause trouble. So it looks like they are waiting for the bank manager's response to their request.
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Post by e362 on Oct 1, 2013 17:12:57 GMT -5
It looks like all they are looking for right now is for the bank manager to put in writing what he has been telling the shareholder (that a CMKX trust fund exists at WF). This written statement is needed as proof that no one is just making up stories in order to generate confusion and/or cause trouble. So it looks like they are waiting for the bank manager's response to their request. Never going to see one, this is one of those built in excuses, imo. The very same privacy rules that BH said kept WF reps from typing cmkm into their computers, if there was such an order, would hold true to the bank president/manager from signing such a confirmation. A violation of privacy policy is a violation of a privacy policy, plain and simple. Why would such a supeona be needed if AH knows about the trust and its alleged distribution plan anyway? I do find it odd that AH, who supposedly cant speak till the funds are dispersed has spoken with this friend of a friend that saw something.....Why would AH speak with this person if AH is not allowed to speak to anyone regarding the situation ? It stands to reason that if AH can't speak till funds are dispersed, as per BH, he has been made aware of that timeframe and would have no reason to break his ordered silence to speak to this friend of a friend. Why would BH have to do so much research as he mentioned if he believed AH as he has stated many times? Somethings aren't adding up, too many inconsistancies, imo. So as usual in cmkm land, you have a skillfully worded dangling carrot full of built in escapes that came from a third party so one can stay at arms length of the fallout when nothing happens.
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Post by gabbyhayes3 on Oct 1, 2013 17:50:32 GMT -5
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Post by 3bid on Oct 1, 2013 17:52:07 GMT -5
It looks like all they are looking for right now is for the bank manager to put in writing what he has been telling the shareholder (that a CMKX trust fund exists at WF). This written statement is needed as proof that no one is just making up stories in order to generate confusion and/or cause trouble. So it looks like they are waiting for the bank manager's response to their request. Never going to see one, this is one of those built in excuses, imo. The very same privacy rules that BH said kept WF reps from typing cmkm into their computers, if there was such an order, would hold true to the bank president/manager from signing such a confirmation. A violation of privacy policy is a violation of a privacy policy, plain and simple. Why would such a supeona be needed if AH knows about the trust and its alleged distribution plan? I do find it odd that AH, who supposedly cant speak till the funds are dispersed has spoken with this friend of a friend that saw something.....Why would AH need to speak with this person if AH is not allowed to speak to anyone regarding the situation ? It stands to reason that if AH can't speak till funds are dispersed, he has been made aware of that timeframe and would have no reason to break his ordered silence to speak to this friend of a friend. To many inconsistancies, imo. So as usual in cmkm land, you have a skillfully worded dangling carrot full of built in escapes that came from a third party so one can stay at arms length of the fallout when nothing happens. Not to diminish the impact of your analysis...
But, with or without confirmation Wells Fargo cannot be TRU$Ted, period. I base my opinion on all we know and continue to learn about their illicit activities, including breach of fiduciary duty.
An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit.
A fiduciary relationship encompasses the idea of faith and confidence and is generally established only when the confidence given by one person is actually accepted by the other person. Mere respect for another individual's judgment or general trust in his or her character is ordinarily insufficient for the creation of a fiduciary relationship. The duties of a fiduciary include loyalty and reasonable care of the assets within custody. All of the fiduciary's actions are performed for the advantage of the beneficiary.
The courts stringently examine transactions between people involved in fiduciary relationships toward one another. Particular scrutiny is placed upon any transaction by which a dominant individual obtains any advantage or profit at the expense of the party under his or her influence. Such transaction, in which Undue Influence of the fiduciary can be established, is void.
legal-dictionary.thefreedictionary.com/fiduciary+duty
-3bidFeds Blame Delays in Suing Wells Fargo and Lance Armstrong on WarSeptember 30, 2013 Banks and other fraudsters whose schemes helped tank Wall Street in 2008 got a rude awakening last week when a federal judge in Manhattan ruled that prosecutors can wait to bring cases for fraud against the government much longer than the fraud statute says because of a special wartime law originally passed to combat war profiteering arising out of World War I. In the case of U.S. v. Wells Fargo, which prosecutors filed in 2012, the government alleges that from May 2001 to October 2005, “Wells Fargo engaged in a regular practice of reckless origination and underwriting of its [FHA-insured] loans and falsely certified to HUD that tens of thousands of those loans were eligible for FHA insurance.” In other words, Wells Fargo lied about thousands of loans in order to get federal guarantees for them in the event of default, eventually costing the government millions of dollars. The bank countered that the case should be dismissed because the three-year statute of limitations in the False Claim Act began ticking when the HUD inspector general learned about the alleged fraud in 2004. Justice Department attorneys retorted that the clock started when the attorney general discovered the misconduct in 2011, and that the Wartime Suspension of Limitations Act (WSLA) extended the clock to 10 years anyway. First passed by Congress in 1921 to extend the statute of limitations for offenses involving fraud against the government and repealed in 1927, Congress re-enacted it in 1942 as the WSLA to address fraud claims arising out of World War II. In 2008, Congress amended the WSLA to clarify that the U.S. is “at war” when Congress enacts a “specific authorization” for the use of armed forces, like those passed by Congress on September 14, 2001 and October 11, 2002. The WSLA now provides as follows: “When the U.S. is at war or Congress has enacted a specific authorization for the use of the Armed Forces . . . the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States . . . shall be suspended until five years after the termination of hostilities as proclaimed by the President, with notice to Congress, or by a concurrent resolution of Congress.” Although Wells Fargo argued that the WSLA applies only to frauds related to war, the Supreme Court foreclosed that argument 60 years ago in United States v. Grainger (1953), holding that the WSLA applied to an alleged fraud involving imaginary or inflated purchases of wool that had no connection to the war. That means that disgraced cyclist Lance Armstrong, currently being sued for fraud by the government related to Postal Service sponsorship of his racing team, also may not argue that the case against him is too late. As U.S. District Judge Jesse Furman wrote, “the WSLA serves not only to allow the government to combat fraud related to wartime procurement programs, but also ‘to give the government sufficient time to investigate and prosecute pecuniary frauds’ of any kind ‘committed while the nation [is] distracted by the demands of war.’” Since the 2008 amendments, moreover, the government has successfully invoked the WSLA at least 12 times, starting with a case alleging conspiracy, mail fraud, and false statements in connection with the federally-financed Central Artery Tunnel Project in Boston (a/k/a the “Big Dig”). Although the ruling means that Well Fargo faces the prospect of paying “hundreds of millions of dollars” in treble damages, Judge Furman did grant the bank’s motion to dismiss the government’s common law claims of breach of fiduciary duty, negligence, gross negligence, unjust enrichment and mistake of fact. www.allgov.com/news/controversies/feds-blame-delays-in-suing-wells-fargo-and-lance-armstrong-on-war-130930?news=851265
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Post by John Winston Lennon O'Boogie on Oct 1, 2013 18:34:02 GMT -5
I need a vacation.. Can't take it anymore..
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Post by 3bid on Oct 1, 2013 18:43:15 GMT -5
No vacation until it's time to eat crow. But the crow doesn't appear to be worried.
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Post by theotherside on Oct 1, 2013 19:01:45 GMT -5
Yes....we are going to wait and see where this brings us....more smoke and mirrors...nothing settled...no closure..more BULL shi*....MORE f*ckING BULLshi*....give me a break...I'm going home and have a thingytail....ya hear me Bob...maybe you should do the same....Roe....don't get angry with me...this is really the pits..... What's your thingytail of choice?
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Post by gabbyhayes3 on Oct 1, 2013 19:08:28 GMT -5
A vodka martini...with a splash of lime...a slice of lime actually...a nice heavy slice......something you can really swallow....and get the flavor....hmmmmmmm......get my drift...... ;D ;D ;D
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Post by briwadd on Oct 1, 2013 19:50:21 GMT -5
Here is an excerpt from Bob's post that stood out...at least to me.
The shareholder went to the bank again and spoke to the bank manager and the bank manager's supervisor. I received this message...
"I saw my contact at the bank(Wells Fargo), he said the guy who knows about CMKX was in this morning, he said he heard CMKX could get paid this week, he did not specify if it was F&P's, trust or both"
________________________________________________________________
"THE GUY WHO KNOWS ABOUT CMKX WAS IN THIS MORNING"
So Bob's source goes to the bank and speaks with the bank manager and the bank manager's supervisor (whom I guess would be the bank manager's manager). These two individuals inform the 'source' that the guy who knows about cmkx was in this morning???
I am afraid that the guy who knows about CMKX may simply be a customer that is informing the bankers of rumors regarding CMKX...and that the bankers have no firsthand knowledge other than what there customer is telling them.
That's my guess....hope I am wrong.
Briwadd
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Post by John Winston Lennon O'Boogie on Oct 1, 2013 20:09:34 GMT -5
No vacation until it's time to eat crow. But the crow doesn't appear to be worried. Now that there was funny.. I've been so bad,,, I'll take 2 helpings please...
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Post by Warren_Pease on Oct 1, 2013 21:22:15 GMT -5
Here is an excerpt from Bob's post that stood out...at least to me. The shareholder went to the bank again and spoke to the bank manager and the bank manager's supervisor. I received this message... "I saw my contact at the bank(Wells Fargo), he said the guy who knows about CMKX was in this morning, he said he heard CMKX could get paid this week, he did not specify if it was F&P's, trust or both" ________________________________________________________________ "THE GUY WHO KNOWS ABOUT CMKX WAS IN THIS MORNING" So Bob's source goes to the bank and speaks with the bank manager and the bank manager's supervisor (whom I guess would be the bank manager's manager). These two individuals inform the 'source' that the guy who knows about cmkx was in this morning??? I am afraid that the guy who knows about CMKX may simply be a customer that is informing the bankers of rumors regarding CMKX...and that the bankers have no firsthand knowledge other than what there customer is telling them. That's my guess....hope I am wrong. Briwadd I read it the same way, Briwadd. The "shareholder" spoke to the bank manager and the bank manager's supervisor. The "shareholder's" contact at the bank is the bank manager or supervisor. In turn, either the bank manager or supervisor is getting information from another party (we can call him the "CMKX informant") The "CMKX informant" who came to the bank in the morning appears to be neither the bank manager nor the bank manager's supervisor. Of course, Bob might simply have written a sloppy passage and meant to convey something entirely different. But that's the way you and I, Briwadd, read it. If so, who is this "informant" and how might he know what he claims? ...Warren
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