DOJ update 5/17/16

[portrush]

May 17, 2016 U.S. Department of Justice
District of Nevada
501 Las Vegas Blvd. South, Suite 1100
Las Vegas, NV 89101
Phone: [phone]
Fax: [phone]


Re: United States v. Defendant(s) Ginger Gutierrez, Brian Dvorak, John M. Edwards, Jeffrey Turino, James Kinney
Case Number 2004R01639 and Court Docket Number 09-CR-00132

Dear Portrush you cool cat you,

The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim during the investigation of the above criminal case.

A status hearing is scheduled before Judge Jennifer Dorsey for June 13, 2016, 09:30 AM at LV Courtroom 6D, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd South, Las Vegas, NV 89101 for defendant(s) John M. Edwards, Brian Dvorak, Ginger Gutierrez, James Kinney, Jeffrey Turino. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates. At the status hearing on 5/16/16, on the request of counsel, the Court waives the presence of Defendants Turino, Dvorak, Gutierrez and Kinney. On inquiry by the Court as to whether the case is on track to proceed to trial in August, Mr. Wright states he will be filing a motion for competency evaluation today based on confabulation and lack of memory. Remaining counsel announce ready for trial. Ms. Newman advises the Court the Government stands ready to proceed to trial, but will have to review the competency motion when it is filed and decide whether to file a motion to sever as to Mr. Edwards. The court then scheduled another status hearing to determine if the case is still on track for the trial date.

Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the website to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the website.

Through the Victim Notification System (VNS) we will continue to provide you with updated scheduling and event information as the case proceeds through the criminal justice system. You may obtain current information about this case on the VNS website at www.notify.usdoj.gov or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program.

You will use your Victim Identification Number (VIN) and Personal Identification Number (PIN) anytime you contact the Call Center and the first time you log into VNS on the website. If you are receiving notifications with multiple victim ID/PIN codes please contact the VNS Call Center. In addition, the first time you access the VNS website, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is _______.

Remember, VNS is an automated system and cannot answer questions. If you have other questions which involve this matter, please contact this office at the number listed above.

Sincerely,

Daniel G. Bogden
United States Attorney

Debra Waite
Victim Witness Specialist

If you do not want to receive email notifications from the Victim Notification System (VNS) please log into the VNS Web site at www.notify.usdoj.gov, select "My Information", remove your email address and click the "update" button. If you remove your email address, you will continue to receive letters from VNS except in those case which have large numbers of victims. To change your email address, select "My Information", provide a new address and click the "update" button.

If you do not want to receive any notifications in your case, select "Stop Receiving Notifications" and follow the instructions on the screen.

If you believe you have received this email in error, please contact the office listed at top of the email message.

Please note, if this is the first notification you have received from VNS you will need to wait 4-8 hours from receipt of this email before you can login to the VNS Internet site (https://www.notify.usdoj.gov). In addition, it will also be 4-8 hours before any documents which may have been uploaded to VNS as part of this notification are available under the "Downloads/Links" section on the Web page.

Please call the Victim Notification System (VNS) Help Desk at phone number 1-866-625-1631 for assistance and questions.

[imSINGLEruRICH]

misterhandsome
DIAMOND MINER
Post by misterhandsome on yesterday at 2:53pm

"Additionally, in the course of investigating and litigating the Edwards criminal case, government personnel in the District of Nevada have not encountered any evidence indicating that a government agency conducted a sting operation against naked short sellers of CMKM stock. Government personnel in the District of Nevada have also not come across any evidence of any settlement fund (much less any settlement fund with trillions of dollars) potentially available to pay possible claims of CMKM shareholders. The criminal investigation in the District of Nevada resulting in the United States v. John Edwards, et al., indictment involved no sting operation."

This is funny. First, they haven't "litigated" the criminal case, unless they are talking about the motions. And I do not recall any of what you might describe as "litigating" having anything to do with the exist of a trust. They have not had a trial so not exactly sure what they mean. Second, today was one of several "status hearings" which are pretty typical. I didn't see/hear anything that suggested the August court date has been moved. The most important status hearing will be the on set for August 1 - that is where you expect all the motions in limine and other pre-trial motions to be dealt with. Lastly, if I'm not mistaken I seem to recall that some shareholders had been told the same thing by the Judge's secretary re trusts, etc. in response to a phone call to chambers by a/several shareholders. The fact that the prosecutors office says there is no trust means very little to me. Whether you believe one exist or does not, I would not hinge that on this press release. Even if they knew one existed, why divulge that now - so they can pestered by shareholders as they prepare for a trial? so the defense can argue, that even if their clients did rip of shareholders its no harm no foul because the money was recovered? or argue the real bad guys are the ones that the recovery came from, which supplied the assets for the trust? There is simply no benefit to acknowledging one exist. My guess is the only reason they did not simply remain silent is they were getting enough contact that they wanted to stop it.


And I am very frustrated with the years of delay - one benefit, however, is that by giving the defendants everything they've asked for, it can reduce the issues they can present on appeal. I am over the whole thing but nothing would be more cruel then to finally get some convictions and then have endure a protracted appeals process.

MH

[imSINGLEruRICH]

Interesting to watch... as some on those other boards defend the SEC, DOJ, the justice system, lawyers & or other entities regarding the length of time it has taken and or what a thorough job they are doing. Keep an EYE out for more of the same. .



bingo123
DIAMOND JEDI WARLORD
May 17, 2016 at 9:56pm maximusbraveheart, nada999999 and 7 more like this.
Post by bingo123 on May 17, 2016 at 9:56pm

Everyone knows I have no faith in the government/injustice system, hence the pejorative, but the more I think about it, I wonder about the possibility of the whole trial being "fake" to a degree. Just a wild theory, but how on Earth can this proceeding which started literally years ago STILL not even be at trial yet? Far more complicated cases are resolved much faster than this. I figure there are only two possibilities...One, the government is incompetent and corrupt and don't care about us so they allow the criminals to delay delay delay which is why it has taken so long, or two, this is all just a time wasting play act to keep the ball in the air so speak until the music is ready to stop and whatever is supposed to happen, finally does.

Believe me, there is no limit to my contempt for the government and their apparatchiks in the injustice system, so I can totally believe it is option one which is why it has taken so long, but given just how incredibly long it has been and how insane the reasons for delay have been, is it at least possible that it is all an act for some reason?

[marbearcat]

May 19, 2016 6:47:54 GMT -5 imSINGLEruRICH said:

Interesting to watch... as some on those other boards defend the SEC, DOJ, the justice system, lawyers & or other entities regarding the length of time it has taken and or what a thorough job they are doing. Keep an EYE out for more of the same. .



bingo123
DIAMOND JEDI WARLORD
May 17, 2016 at 9:56pm maximusbraveheart, nada999999 and 7 more like this.
Post by bingo123 on May 17, 2016 at 9:56pm

Everyone knows I have no faith in the government/injustice system, hence the pejorative, but the more I think about it, I wonder about the possibility of the whole trial being "fake" to a degree. Just a wild theory, but how on Earth can this proceeding which started literally years ago STILL not even be at trial yet? Far more complicated cases are resolved much faster than this. I figure there are only two possibilities...One, the government is incompetent and corrupt and don't care about us so they allow the criminals to delay delay delay which is why it has taken so long, or two, this is all just a time wasting play act to keep the ball in the air so speak until the music is ready to stop and whatever is supposed to happen, finally does.

Believe me, there is no limit to my contempt for the government and their apparatchiks in the injustice system, so I can totally believe it is option one which is why it has taken so long, but given just how incredibly long it has been and how insane the reasons for delay have been, is it at least possible that it is all an act for some reason?

I'm sure Edwards, who is sitting in prison for how long, isn't thinking this is an "act"

[imSINGLEruRICH]

capten
DIAMOND JEDI
8 hours ago teetime4-revival, latteplease and 1 more like this.
Post by capten on 8 hours ago

Good morning

CMKM's Edwards no longer fit for trial, lawyers said

2016-05-19 10:38 ET - Street Wire
www.stockwatch.com/News/Item.aspx?bid=U-s0143512-U%3aCMKX-20160519&symbol=CMKX®ion=U
This item is part of Stockwatch's value added news feed and is only available to Stockwatch subscribers.
Here is a sample of this item:
by Mike Caswell

John Edwards, one of the alleged masterminds of the massive CMKM Diamonds Inc. fraud, is once again asking to have his mental health evaluated before he goes on trial. His lawyers claim that several medical events the 73-year-old has suffered in prison point to a deterioration in his mental state. The deterioration is such that he is no longer able to help with his defence, his lawyers say.

The request comes with Mr. Edwards facing a criminal trial at which prosecutors are expected to claim that he and others, including Canada's Urban Casavant, ran a two-year pump-and-dump with CMKM. During the scheme, the men allegedly sold hundreds of billions of unregistered shares. According to the government, they reaped $60-million in illegal profits from the scheme. (All figures are in U.S. dollars.)

Just getting Mr. Edwards to that trial could be an effort for prosecutors, however. In a motion that Mr. Edwards's lawyers filed on May 16, 2016, they describe a number of medical episodes that he has suffered in prison, including a seizure and memory loss. The events are indicative of dementia. The first of those episodes occurred on March 28, 2016, when another inmate observed Mr. Edwards sitting with a blank stare and unresponsive. Medical personnel placed him under observation, but at his request they allowed Mr. Edwards to return to his dormitory.

Capten







misterhandsome
DIAMOND MINER
Post by misterhandsome on 8 hours ago

www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/Defining_and_Assessing_Competency_to_Stand_Trial.pdf

for anyone interested





portrush
Administrator
7 hours ago Santasi, TazGhost and 9 more like this.
Post by portrush on 7 hours ago

Knowing you're busted and there's no way out probably would cause anyone to zone out with a blank stare. He requested this once before, you'll recall. He was examined and found fit for trial. Interesting to me is the timing. Well at least he got his cataract surgery at taxpayer expense before he flipped out...you know, since he needed to read all that paperwork they say he can't remember anyway.

pr

(yeah, its sarcasm)

[imSINGLEruRICH]

Interesting to watch... as some on those other boards defend the SEC, DOJ, the justice system, lawyers & or other entities regarding the length of time it has taken and or what a thorough job they are doing.
****How wonderfully good their lawyers are******
Keep an EYE out for more of the same.

And below.....the other side of the coin.....

May 16, 2016 21:06:54 GMT -5 @unclejed said:

troutback, let me give it a shot if I may. This is the letter I sent out last week to a few certain individuals and institutions, part of it answers your query, in my opinion...


Judge Jennifer Dorsey
Daniel G. Bogden, United States Attorney
Debra Waite, Victim Witness Coordinator

Re: www.justice.gov/usao-nv/victim-witness-assistance/us-v-john-edwards-et-al-cmkm

It just amazes me how much misinformation your “law enforcement” agency spews out; I suppose I shouldn't be too surprised as that does appear to be standard operating procedure for most Law Enforcement and Regulatory Commissions these days! You've been dragging your feet now for like 7 years sending out excuse after excuse to explain the never ending delays in our trial, are you scared of what will happen if the truth were to come out? Are you hoping maybe the remainder of the defendants will just drop dead as well? For how many more years do you plan to drag this out, to deny the existence of the proven documented TRILLIONS of counterfeit shares of our company the SEC allowed and even facilitated being sold to the investing public? Does it not bother you that billions of dollars in illicit profits could have been sent offshore to finance terrorism? You continue to print misinformation while all along knowing that the majority of an entire industry could be corrupt. Do you honestly think that no one has noticed your constant inactions? What’s the purpose of having a Victim Witness Coordinator or a States Attorney or the entire Department of Justice for that matter if none of you have any interest in enforcing the law as it was intended?

Judge Jennifer Dorsey you and your Justice Department haven’t shown the shareholders of CMKM Diamonds a single ounce of respect or considered our rights as “victims of a crime” for even one minute since this whole fiasco started but there you go delaying this trial for another few months preaching how it would be a “miscarriage of justice” if one of the defendants didn't have additional time to prepare for it! Hello, all of the defendants have had years to prepare for this trial and excuse me but isn't it their counsel that should be doing all of the preparing? If you’re so worried about the health or frailty of Mr. John M. Edwards how will prolonging his incarceration for several more months help him? That’s completely illogical! One can only wonder what convinced you all to ignore your sworn fiduciary duty to uphold the law or how either of you acquired your position of authority in the first place.

Daniel or Debra, if I’m so wrong in my allegations and the DOJ is so right in their indictments then it should be real easy for you to explain just this one simple discrepancy... explain the TRILLIONS of extra counterfeit shares of our stock that your indictments fail to mention or account for!

Your indictments claim that beginning on a date unknown, but not later than September 2001 and continuing to on or about March 2009, a small group of about 10, mostly company insiders, sold about 700 Billion unregistered shares of CMKM Diamonds Inc. stock to the investing public, is that about accurate?

What about this then... in preparation for the 2005 SEC Administrative Hearing** the Frizzell law firm went to great lengths and expense to accurately gauge the naked short position in CMKM Diamonds by conducting two physical certificate pulls, a preliminary and a primary. The preliminary one, using heavily scrutinized faxed in copies of certificates received from approximately 5000 of the 50,000 shareholders, transfer agent records and NOBO lists, extrapolated that about 5.6 TRILLION shares of CMKM stock were sold to the public. (The results from the Primary Certificate Pull I’m sure are under lock and key.)

And this... during his deposition Attorney Donald Stoecklein testified that Jim DeCosta, an expert with 25 years experience investigating naked shorts, suggested that there could be as high as a 14 to 1 short position in CMKM Diamonds stock. That would equate into about 10 TRILLION counterfeit shares sold to the public!

And this... according to the SEC CMKM Diamonds existed from as early as September 2001 and continued through at least October 28, 2005, a period of about 49 months; according to the Al Hodges lawsuit during only a 17 month period, between June 1, 2004 and October 28, 2005, 2.25 TRILLION Phantom shares were sold into the public market.

So, Daniel or Debra, simply explain to the 50,000 CMKM Diamonds Inc. shareholders the TRILLIONS of extra, unaccounted-for counterfeit shares that have been revealed to us by a Law Firm, an expert with 25 years experience, an independent Attorney, our own past and present company executives and our own knowledgeable shareholders... who benefitted financially from the sale of those TRILLIONS OF EXTRA COUNTERFEIT SHARES, and why instead of prosecuting whoever’s responsible for all those shares, are you more fixated with trying to cover up their crime.

And if, according to you, those TRILLIONS of extra counterfeit shares don’t exist are you insinuating that Attorney Bill Frizzell, Attorney Al Hodges, Attorney Donald Stoecklein, Attorney Roger Glenn, Dr. Jim DeCosta, Ms. Susanne Trimbath, Ph.D., CEO., Mr. Steve Kirkpatrick, CEO., the late Mr. Robert “Bob” Maheu, CIA and a whole raft of others are or were lying to the CMKM Diamonds Inc shareholders and that all of the data collected by them evidencing the TRILLIONS of counterfeit shares is fabricated? Fabricating evidence, lying to shareholders, to the SEC, to the DOJ... where then are the indictments that include those names?

For those interested let me also refute these other DOJ statements...

“A false rumor has circulated that confuses the criminal prosecution in the District of Nevada (United States v. John Edwards, et al., 2:09-CR-00132-RLH-RJJ) with a civil suit out of the Central District of California” There’s nothing false or confusing about them... the civil suit “David Anderson, et al., v. Christopher Cox, et al” is the Al Hodges lawsuit clearly explaining who sold the majority of the TRILLIONS of counterfeit shares into the market, the fines and penalties negotiated between the SEC and these miscreants to avoid prosecution (moneys to be distributed to shareholders by Nov 2006 for damages) and the simple fact that the SEC decided to illegally withhold those funds for themselves, now going on 10 years! Which of course the DOJ and the SEC have blocked at every chance they've had; and the “United States v. John Edwards, et al” is the case currently being dragged through the courts by the DOJ to scapegoat a handful of company insiders for the whole crime which of course only references 700 billion counterfeit shares thus clearing all of the miscreant brokerages involved in the selling of the TRILLIONS of counterfeit shares and in the same way, clearing the SEC of all wrongdoing! It all makes pretty clear sense to me, especially how the DOJ's lawsuit doesn't even attempt to explain the documented TRILLIONS of counterfeit shares, but the Hodges lawsuit easily does!!!

This one completely baffles me... “Essentially, the Anderson case involved allegations against an entire industry. In contrast, the superseding criminal indictment in the Edwards case charges a more clearly defined group of defendants” I’m sorry, but what type of group do criminals need to be clearly defined as before they can be accused of a crime, and don’t you really mean “a more easily prosecuted group”? Charging members of Wall Street or your Government with a crime could mean arresting your friends, neighbors, co-workers or even family members, obviously that would be real awkward; and why would you do that if you could easily prosecute this other, non-associated group, clearly defined as... scapegoats!

And, “Additionally, in the course of investigating and litigating the Edwards criminal case, government personnel in the District of Nevada have not encountered any evidence indicating that a government agency conducted a sting operation against naked short sellers of CMKM stock”... and of course you would tell us if you did, right? Protecting the nefarious acts of financial institutions including the SEC is the DOJ's forte, (the 2008 Global Financial Meltdown, the Libor fixing scandal and the gold and silver price fixing conspiracy come to mind, remind me again... how many bankers or financial institutions have you indicted for those crimes?) and the SEC has made it quite clear to everyone that there is no such thing as naked shorting, so I doubt any government personnel in the District of Nevada would have put much effort into that investigation anyways. Nonetheless, even if some government personnel did actually investigate the possibility of other government involvement in a massive fraud, since when do criminals rat on criminals!

This one I just had to include... delivered via DOJ - VNS email 12/23/2015, it’s ridiculous! “The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates. This hearing is regarding glasses for the defendant.” Seriously, you had to schedule and then hold a hearing to determine if the defendant should be allowed to see during his incarceration and trial? Will you be allowing him to listen to the trial or will that need a hearing as well? A court room, a judge, a court recorder, lawyers, heat, electricity, ink and paper... what did all that just cost taxpayers? You are aware that local “Dollar” stores sell excellent reading glasses of different diopter for about $1.00 each?

A point to ponder if you consider the DOJ's indictment... CMKM Diamonds Inc. only ever authorized 800 billion shares and only ever reported about 703 billion shares outstanding which would mean then that the majority of those 703 billion outstanding shares, currently reported by the company to be held by shareholders, in physical paper certificate form, are all unregistered securities?


** The administrative hearing seeking deregistration of the CMKM Diamonds, Inc.'s securities in Los Angeles concluded on May 10, 2005. The following morning May 11, 2005 at the SEC offices at 5670 Wilshire Blvd. in Los Angeles an impromptu meeting was held between Bill Frizzell, Donald Stoecklein, Robert Maheu and Mike Williams representing CMKM Diamonds, and Leslie Hakala (Enforcement attorney and lead counsel for the SEC at the administrative hearing), Gregory Glynn (Chief litigation counsel for the enforcement staff) and Andrew Petillon (Branch Chief, Enforcement of Pacific Regional Office) representing the SEC. The data collected by the Frizzell law firm was not allowed to be introduced during the administrative hearing but the next day at this meeting it was offered directly to those SEC representatives, they refused to accept it!!! Read that again, an SEC Branch Chief, an Enforcement Attorney and Chief litigation counsel, all working for the SEC Enforcement Division, refused to accept documented evidence of counterfeited securities and according to Mr. Frizzell as they were gathering their materials to leave the meeting Andrew Petillon looked at him directly and said “the SEC would go after anyone that was attempting to create a short squeeze on the brokers.”

All in my very honest opinion!


Y’all have a nice day!


Uncle Jed

[ddddiferous]

There are also literally a dozen other documents or facts that have been omitted by our friends at the (cabal) I mean DOJ. These are my top ten
1) The Jeffrey's letter
2)Brass pop up glitch in clearing and settlement
3)EX-Clearing of securities transactions & FTD data from DTCC
4)Footnotes in SEC's own OIG 2008 report on Naked Short Selling that touts "widely discussed CMKX lawsuits" Virginia Law Journal
5) OSTK , Lehman Brothers, Volkswagen and SEC's own temporary ban on all short selling , naked and otherwise during the 08 crisis.
6) The 16 bit glitch on the Bloomberg terminals that causes volume/trade data to be misreported after shares hit 2.4 billion on a daily basis.
7) NITE's admission that the revocation of CMKM would adversely impact earnings due to it being the largest share volume & dollar volume traded .
8) Documents related to NEV WEST securities being labeled as the "only" bad actor in the brokerage industry and with CMKM specifically.
9) Crony federalists & journalists, such as Carol Redmond,Floyd Norris, Mark Faulk & CMKM CEOs after; poster Janice Shell who continually preached misleading information and outright fabrications of facts . Spinning a pro industry , government view of all that transpired. ie. stupid shareholders, exchanges, broker dealers and clearing firms all operate with NASA efficiency and error free.
10)Regulation SHO and Regulation NMS which were created to deal with a problem that regulatory authorities said does not exist yet has over 400 pages of regulation ?

Is there any doubt that retail investors have not put one additionally penny into the markets since the orchestrated shenanigans?

As any of you are aware being shareholders thru this epic saga of rightful property owners vs nefarious entities of all sorts public & private. We CMKM shareholders are the custodians of G_D's property both in certificate form and in the FALC in the mineral claims. Hopefully, we will be given the chance to pay it forward and do his works on the planet. Like the parable of the three servants we are doing battle with the ones who bury the truth/riches so they may maintain the status quo. as Al Hodges quotes the most vile and evil the planet Earth has ever seen. The other entities do not share our beliefs. They think all property belongs to them thru warfare or theft.
There are many, many more documents /bad actors that we have not been privy to in this clearly scripted (compartmentalized) event . Any many more the scribes of the truth have not even concocted yet or odered to create  from their warped alphabet minds.

I am personally thankful to have been given Borne type medicines that easily see thru these types of events. I owe big phara much for my skill sets. Sincerely, TCH The Clairvoyant Hillbilly