Post by soonerlew on Nov 30, 2007 8:21:22 GMT -5
Posted in a thread on millionaires by chucky...........
millionaires.proboards86.com/index.cgi?board=main&action=display&thread=1196283603&page=2
FRIZZELL LAW FIRM
305 S. Broadway, Suite 302
Tyler, Texas 75702
(903)595-1921
E-Mail jmartin@cmkxownersgroup.com
Greetings Members,
I would like to take the time in this update to discuss several items with you.
Appeal Process: Many of you have read the company's response to the SEC's Motion For Affirmance. I have received nothing from the Commission which suggests the Motion For Affirmance will be granted. As it stands right now, a brief from the company will be filed on or before September 6. The SEC will most likely file their response by October 6. The company will have until October 20 to reply to the SEC's brief. Mr. Stoecklein and I spoke yesterday about the brief and we have agreed to collaborate in the preparation. He has already begun the briefing. I will probably be asked to offer input after the first draft is completed. Mr. Stoecklein is a competent attorney and I expect the brief to adequately cover things from the shareholders' perspective. The wording in the order makes it apparent the Commission does not desire a brief from me or any other party. In order to file a brief on behalf of the shareholders, I would need to obtain permission from the Court before doing so. I do not plan to do that.
Litigation: Thanks to some incredible work from some of your dedicated shareholders, I have been able to keep abreast of many lawsuits that have been filed in the last few months against parties that are involved with CMKX and your investment. It appears to me that there are individuals and companies who have been the victims of some unscrupulous stock deals and they have hired lawyers to file suits to obtain redress. I am becoming convinced that litigation may be necessary on your behalf against some third parties to allow me to obtain all the facts necessary to help this group. As you may know by now a certain individual opened numerous trading accounts in 2003 and 2004 at a well known Nevada broker/dealer to facilitate the sale of hundreds of billions of shares of CMKX stock. Short selling no doubt occurred once it became known in the market that nearly 800 billion shares of CMKX had hit the streets. A lawsuit against certain parties would greatly assist us in obtaining the facts necessary to identify all parties involved in any trading improprieties and will allow us to accurately identify the short sellers. If I decide to bring any lawsuit, I will obtain permission from the shareholder that will be the named plaintiff or plaintiffs in the lawsuit. Any suit will not be brought on behalf of the CMKX Owners Group. There will be no individual shareholders named other than the individuals I select to bring any claims. If I brought a lawsuit on behalf of the CMKX Owners Group, I might be required to spend the next couple of years attending the depositions of 6,000 or 7,000 shareholders or responding in discovery to requests for documents from all of the 6,000 or 7,000 shareholders. This would of course be a waste of the shareholders time and mine. There is concern that a lawsuit by a small number of people would allow us to obtain some huge financial settlement for only those named in the lawsuit. Damages will clearly be sought against those that may be sued. The damages sought will relate to the losses incurred by the named plaintiffs. If a lawsuit went extremely well and certain defendants wished to offer any serious sums of money for settlement, it would be simple to ask the Court's permission to assist us in some way to apportion any recovery amongst the shareholders. I am not a class action lawyer and do not plan on bringing a class action lawsuit. If a class action of some type is in order, I will cooperate with such lawyers for the benefit of all shareholders, but that is not my desire nor my purpose in this potential litigation. Any lawsuit, deposition, subpoena or discovery that I might bring will benefit all of the shareholders if it benefits any one shareholder. I have been litigating cases for 27 years and I know the task I am undertaking if I choose to bring litigation. I will only do it if I am convinced I have no other avenue of obtaining the information I am seeking and there is no other way to get redress for the shareholders. This will not be a suit against the company nor Urban Casavant at this point in the proceedings. John tells me there are those that suggest a lawsuit would yield tons of money for only those that I choose to name as a plaintiff so what good would it do for the shareholders. Remarks like that are very unsettling to me. I have become very thick skinned to some of the remarks I receive from a select few. I do not respond to those that choose to make personal assaults on my integrity or my courses of action. I know that my efforts are helping the shareholders and I plan to continue to do so.
Private Party in Tyler--Last week we were honored here in Tyler to have Hugo Cancio and a production crew come to my office for filming segments of Hugo's documentary on the saga of CMKX. Hugo felt it important that he document all sides of the CMKX story including the plight of the shareholders. He has been to Ecuador, Canada and Las Vegas with Urban and other insiders in the company. He is producing a story that needs to be told. Knowing that Hugo would be in town, I suggested that John invite some of the shareholders from this area to drop by while Hugo was here. Some were interviewed for the documentary. Some of your well respected shareholders came here from Northeast Texas and East Texas to meet Hugo and have a little fellowship. John invited us to his home after a long day of videoing around the office. The fine lady shareholder that allowed me to stay in her home when I went to Washington last month was able to arrange her travels to spend a night in East Texas. I took the opportunity to share a select few documents that we had obtained as a result of months of due diligence by this office and many dedicated shareholders. You have some shareholders out there that spend endless hours researching and investigating various aspects of this case. Their hard work is paying off. I would not dare name them because it would embarrass them and they are not doing this work in order to draw attention to themselves. Please know that I (and all the other shareholders) will forever be indebted to you. Kudos to all of you that are helping to shed light on the problems facing this company. Much talk has occurred since this meeting about my choice to show only certain information and only to certain individuals. I scanned in a handful of documents and did a brief video presentation of some of the documents. I did not hand out any copies of the information. I did not pass out pencil and paper. It was a short show and tell. Some of the information was disturbing because it was the first time some people had seen an explanation of how these shares hit the market in such a short period of time. I have posted on the owners group site www.cmkxownersgroup.com a copy of a ledger sheet with some handwritten notes that was prepared by someone for Neil Levine as he was working on the audit before the administrative law hearing. We have entitled this document the "Share Distribution Breakdown". This was obtained by me as an item of discovery that went to all parties during the preliminary phases of the administrative proceeding. This is not the "smoking gun" that solves all riddles of the CMKX story but it is very helpful in explaining some things that bothered me (and I assume most shareholders) for a long time. How in the world can a company get nearly 800 billion shares into the market place in such a short period of time? Sometimes documents like this create more questions than answers. Believe me, we are working on answers to the questions that come from documents such as this. The facts surrounding the stock distributions will all come out when the company files it financials. Combine this document with the shareholder information which Pedro has provided you and you can start to piece this thing together. I have obtained mountains of information and more comes to my office on a daily basis. My practice is dedicated to this case alone. Those of you that suggest I am hiding information for some sinister self serving purpose should give more thought to that idea. I am simply bound by laws regarding confidentiality and common sense in the release of most of this information. Many shareholders have been to this office and you are all invited to see what goes on around here on a daily basis. You are all welcome. We are all in this together.
Communication--Several people have asked about the level of communication between my office and the company. We are not having problems getting each other on the phone. I talked with Don Stoecklein yesterday. He called me while Urban, Ed Dhonau and Anthony Demint were in his office. We discussed the brief and suggestions were made to leave from Vegas to go to Ecuador after the Labor Day weekend. I expressed my desire to meet and discuss the plan for the shareholders and the present state of the claims and various businesses that make up CMKX. It is the company's position that it would violate SEC rules to selectively disclose information about assets and significant activities to certain shareholders (our owners group) without disclosing information to all shareholders. We agreed that such disclosure could occur if I would agree to make my updates following or simultaneously with an 8k. I am hopeful this will facilitate better and regular information from the company. Sorry, but I have no dates to give you on when this might start occurring. I have stated that we have no problem with such arrangement.
Rumor Busting--I hate to be one to burst some hopeful bubbles, because I know the anxiety many of you experience when a rumor begins to fly. I have not been involved in any discussions about settlements with any parties. Neither the company nor any third party has seen fit to call me with any discussions of settlements or even facts that suggest a settlement is in the works. If there is talk betweent he company and any third parties, I am not privy to such talks and have not been told of any. I cannot tell you for a fact that there are no discussions of settlement. I can simply tell you that I have not been involved in any discussions with anyone about settlements. John Martin has likewise not been contacted about settlements being offered by anyone. It will be one cool update when I can relate the substance of any such discussions with you.
Evaluation--I can tell you that I am comfortable in saying the claims represented by the company are being maintained. I make this statement based on reports from third parties that should be "in the know". John and I decided several months ago to make it a part of our investigation to determine as best as we could the existence and value of the claims which we have been told belong to the company. We have paid people on the ground in Canada to give us information about the claims. We do not have a figure for the $value of the claims in Canada, but I am convinced there is substantial value for many reasons. Our investigation reveals there has been a drilling program that continues as we speak. We hope to get more information for you as to the results of the drilling. The last PR about the drilling results probably did more harm than good. I believe we can get better information to you. I have told Mr. Stoecklein that I have some acquaintances of mine in the Oil business that are researching the area and there may be interest the oil concessions on our claims. It will take a another couple of weeks but I plan to continue my efforts in this regard.
Phase II--Some questions have been asked about the status of my work as Phase II or Phase I. The original (Phase I if you will) employment agreement clearly states that my agreement to represent the owners group concluded with a decision by the Administrative Law Judge. This decision was handed down on July 12. John suggested a Phase II because the work we had begun in addition to the administrative hearing representation was far short of being complete. We began receiving contributions and Phase II agreements before the Judge's decision came down. Many of you have not only contributed to Phase II, some have added contributions above the requested $25. Your funds make it possible to continue the work we have begun. I am thankful for your contributions of course. But I am equally thankful to you for the words of support and encouragement that sometimes comes along with your signups. It gets discouraging when hard work gets mocked and ridiculed by certain people. There are a select few out there that seem to delight in being critical, sarcastic and demeaning to our efforts. If I am forced (and it appears I will be) to begin litigation, Phase II will be expensive and could take quite a long time to resolve. If I did not believe it would be helpful to the overall cause of this representation, I would not consider it. I am starting to believe it will be mandatory. John and I have agreed not to do separate updates to Phase I and Phase II members. I hope we do not have to revisit this decision. I have been honored to represent the shareholders as a group. I feel honored to work for the individuals I have met personally as a result of this representation . I wish there were a way to meet all of the group members. This group if it stays together will be a force to be reckoned with. The bad guys would love to see a fractured broken shareholders' group. After all, isn't that how most shareholders do when their investment goes sour? They just run away, bad mouth the promoters and write off their investment losses. A strong shareholders' group can make a difference. We can have disagreements and work them out like mature intelligent people, but we must stick together.
Naked Shorts--In my opinion we have proved the largest naked short in the history of the market. Will these illegal acts benefit the shareholders? There are many factors that must come into play, but I am very encouraged. Management has not "run off". The real assets of the company appear to be in place. It will only take a few deals to get done before these huge short position will be at the mercy of the marketplace. I look forward to that scramble.
Caveat--I do not advise any one to buy or sell stock based on the information contained in this update. You are advised that an administrative judge has ordered a deregistration of the securities of this company because the company has failed to file financial reports required by the SEC. There are serious complications to trading your stock if the de-registration order becomes final. Seek competent advice from a competent investment advisor before deciding to purchase CMKX stock.
Onward,
Bill
millionaires.proboards86.com/index.cgi?board=main&action=display&thread=1196283603&page=2
FRIZZELL LAW FIRM
305 S. Broadway, Suite 302
Tyler, Texas 75702
(903)595-1921
E-Mail jmartin@cmkxownersgroup.com
Greetings Members,
I would like to take the time in this update to discuss several items with you.
Appeal Process: Many of you have read the company's response to the SEC's Motion For Affirmance. I have received nothing from the Commission which suggests the Motion For Affirmance will be granted. As it stands right now, a brief from the company will be filed on or before September 6. The SEC will most likely file their response by October 6. The company will have until October 20 to reply to the SEC's brief. Mr. Stoecklein and I spoke yesterday about the brief and we have agreed to collaborate in the preparation. He has already begun the briefing. I will probably be asked to offer input after the first draft is completed. Mr. Stoecklein is a competent attorney and I expect the brief to adequately cover things from the shareholders' perspective. The wording in the order makes it apparent the Commission does not desire a brief from me or any other party. In order to file a brief on behalf of the shareholders, I would need to obtain permission from the Court before doing so. I do not plan to do that.
Litigation: Thanks to some incredible work from some of your dedicated shareholders, I have been able to keep abreast of many lawsuits that have been filed in the last few months against parties that are involved with CMKX and your investment. It appears to me that there are individuals and companies who have been the victims of some unscrupulous stock deals and they have hired lawyers to file suits to obtain redress. I am becoming convinced that litigation may be necessary on your behalf against some third parties to allow me to obtain all the facts necessary to help this group. As you may know by now a certain individual opened numerous trading accounts in 2003 and 2004 at a well known Nevada broker/dealer to facilitate the sale of hundreds of billions of shares of CMKX stock. Short selling no doubt occurred once it became known in the market that nearly 800 billion shares of CMKX had hit the streets. A lawsuit against certain parties would greatly assist us in obtaining the facts necessary to identify all parties involved in any trading improprieties and will allow us to accurately identify the short sellers. If I decide to bring any lawsuit, I will obtain permission from the shareholder that will be the named plaintiff or plaintiffs in the lawsuit. Any suit will not be brought on behalf of the CMKX Owners Group. There will be no individual shareholders named other than the individuals I select to bring any claims. If I brought a lawsuit on behalf of the CMKX Owners Group, I might be required to spend the next couple of years attending the depositions of 6,000 or 7,000 shareholders or responding in discovery to requests for documents from all of the 6,000 or 7,000 shareholders. This would of course be a waste of the shareholders time and mine. There is concern that a lawsuit by a small number of people would allow us to obtain some huge financial settlement for only those named in the lawsuit. Damages will clearly be sought against those that may be sued. The damages sought will relate to the losses incurred by the named plaintiffs. If a lawsuit went extremely well and certain defendants wished to offer any serious sums of money for settlement, it would be simple to ask the Court's permission to assist us in some way to apportion any recovery amongst the shareholders. I am not a class action lawyer and do not plan on bringing a class action lawsuit. If a class action of some type is in order, I will cooperate with such lawyers for the benefit of all shareholders, but that is not my desire nor my purpose in this potential litigation. Any lawsuit, deposition, subpoena or discovery that I might bring will benefit all of the shareholders if it benefits any one shareholder. I have been litigating cases for 27 years and I know the task I am undertaking if I choose to bring litigation. I will only do it if I am convinced I have no other avenue of obtaining the information I am seeking and there is no other way to get redress for the shareholders. This will not be a suit against the company nor Urban Casavant at this point in the proceedings. John tells me there are those that suggest a lawsuit would yield tons of money for only those that I choose to name as a plaintiff so what good would it do for the shareholders. Remarks like that are very unsettling to me. I have become very thick skinned to some of the remarks I receive from a select few. I do not respond to those that choose to make personal assaults on my integrity or my courses of action. I know that my efforts are helping the shareholders and I plan to continue to do so.
Private Party in Tyler--Last week we were honored here in Tyler to have Hugo Cancio and a production crew come to my office for filming segments of Hugo's documentary on the saga of CMKX. Hugo felt it important that he document all sides of the CMKX story including the plight of the shareholders. He has been to Ecuador, Canada and Las Vegas with Urban and other insiders in the company. He is producing a story that needs to be told. Knowing that Hugo would be in town, I suggested that John invite some of the shareholders from this area to drop by while Hugo was here. Some were interviewed for the documentary. Some of your well respected shareholders came here from Northeast Texas and East Texas to meet Hugo and have a little fellowship. John invited us to his home after a long day of videoing around the office. The fine lady shareholder that allowed me to stay in her home when I went to Washington last month was able to arrange her travels to spend a night in East Texas. I took the opportunity to share a select few documents that we had obtained as a result of months of due diligence by this office and many dedicated shareholders. You have some shareholders out there that spend endless hours researching and investigating various aspects of this case. Their hard work is paying off. I would not dare name them because it would embarrass them and they are not doing this work in order to draw attention to themselves. Please know that I (and all the other shareholders) will forever be indebted to you. Kudos to all of you that are helping to shed light on the problems facing this company. Much talk has occurred since this meeting about my choice to show only certain information and only to certain individuals. I scanned in a handful of documents and did a brief video presentation of some of the documents. I did not hand out any copies of the information. I did not pass out pencil and paper. It was a short show and tell. Some of the information was disturbing because it was the first time some people had seen an explanation of how these shares hit the market in such a short period of time. I have posted on the owners group site www.cmkxownersgroup.com a copy of a ledger sheet with some handwritten notes that was prepared by someone for Neil Levine as he was working on the audit before the administrative law hearing. We have entitled this document the "Share Distribution Breakdown". This was obtained by me as an item of discovery that went to all parties during the preliminary phases of the administrative proceeding. This is not the "smoking gun" that solves all riddles of the CMKX story but it is very helpful in explaining some things that bothered me (and I assume most shareholders) for a long time. How in the world can a company get nearly 800 billion shares into the market place in such a short period of time? Sometimes documents like this create more questions than answers. Believe me, we are working on answers to the questions that come from documents such as this. The facts surrounding the stock distributions will all come out when the company files it financials. Combine this document with the shareholder information which Pedro has provided you and you can start to piece this thing together. I have obtained mountains of information and more comes to my office on a daily basis. My practice is dedicated to this case alone. Those of you that suggest I am hiding information for some sinister self serving purpose should give more thought to that idea. I am simply bound by laws regarding confidentiality and common sense in the release of most of this information. Many shareholders have been to this office and you are all invited to see what goes on around here on a daily basis. You are all welcome. We are all in this together.
Communication--Several people have asked about the level of communication between my office and the company. We are not having problems getting each other on the phone. I talked with Don Stoecklein yesterday. He called me while Urban, Ed Dhonau and Anthony Demint were in his office. We discussed the brief and suggestions were made to leave from Vegas to go to Ecuador after the Labor Day weekend. I expressed my desire to meet and discuss the plan for the shareholders and the present state of the claims and various businesses that make up CMKX. It is the company's position that it would violate SEC rules to selectively disclose information about assets and significant activities to certain shareholders (our owners group) without disclosing information to all shareholders. We agreed that such disclosure could occur if I would agree to make my updates following or simultaneously with an 8k. I am hopeful this will facilitate better and regular information from the company. Sorry, but I have no dates to give you on when this might start occurring. I have stated that we have no problem with such arrangement.
Rumor Busting--I hate to be one to burst some hopeful bubbles, because I know the anxiety many of you experience when a rumor begins to fly. I have not been involved in any discussions about settlements with any parties. Neither the company nor any third party has seen fit to call me with any discussions of settlements or even facts that suggest a settlement is in the works. If there is talk betweent he company and any third parties, I am not privy to such talks and have not been told of any. I cannot tell you for a fact that there are no discussions of settlement. I can simply tell you that I have not been involved in any discussions with anyone about settlements. John Martin has likewise not been contacted about settlements being offered by anyone. It will be one cool update when I can relate the substance of any such discussions with you.
Evaluation--I can tell you that I am comfortable in saying the claims represented by the company are being maintained. I make this statement based on reports from third parties that should be "in the know". John and I decided several months ago to make it a part of our investigation to determine as best as we could the existence and value of the claims which we have been told belong to the company. We have paid people on the ground in Canada to give us information about the claims. We do not have a figure for the $value of the claims in Canada, but I am convinced there is substantial value for many reasons. Our investigation reveals there has been a drilling program that continues as we speak. We hope to get more information for you as to the results of the drilling. The last PR about the drilling results probably did more harm than good. I believe we can get better information to you. I have told Mr. Stoecklein that I have some acquaintances of mine in the Oil business that are researching the area and there may be interest the oil concessions on our claims. It will take a another couple of weeks but I plan to continue my efforts in this regard.
Phase II--Some questions have been asked about the status of my work as Phase II or Phase I. The original (Phase I if you will) employment agreement clearly states that my agreement to represent the owners group concluded with a decision by the Administrative Law Judge. This decision was handed down on July 12. John suggested a Phase II because the work we had begun in addition to the administrative hearing representation was far short of being complete. We began receiving contributions and Phase II agreements before the Judge's decision came down. Many of you have not only contributed to Phase II, some have added contributions above the requested $25. Your funds make it possible to continue the work we have begun. I am thankful for your contributions of course. But I am equally thankful to you for the words of support and encouragement that sometimes comes along with your signups. It gets discouraging when hard work gets mocked and ridiculed by certain people. There are a select few out there that seem to delight in being critical, sarcastic and demeaning to our efforts. If I am forced (and it appears I will be) to begin litigation, Phase II will be expensive and could take quite a long time to resolve. If I did not believe it would be helpful to the overall cause of this representation, I would not consider it. I am starting to believe it will be mandatory. John and I have agreed not to do separate updates to Phase I and Phase II members. I hope we do not have to revisit this decision. I have been honored to represent the shareholders as a group. I feel honored to work for the individuals I have met personally as a result of this representation . I wish there were a way to meet all of the group members. This group if it stays together will be a force to be reckoned with. The bad guys would love to see a fractured broken shareholders' group. After all, isn't that how most shareholders do when their investment goes sour? They just run away, bad mouth the promoters and write off their investment losses. A strong shareholders' group can make a difference. We can have disagreements and work them out like mature intelligent people, but we must stick together.
Naked Shorts--In my opinion we have proved the largest naked short in the history of the market. Will these illegal acts benefit the shareholders? There are many factors that must come into play, but I am very encouraged. Management has not "run off". The real assets of the company appear to be in place. It will only take a few deals to get done before these huge short position will be at the mercy of the marketplace. I look forward to that scramble.
Caveat--I do not advise any one to buy or sell stock based on the information contained in this update. You are advised that an administrative judge has ordered a deregistration of the securities of this company because the company has failed to file financial reports required by the SEC. There are serious complications to trading your stock if the de-registration order becomes final. Seek competent advice from a competent investment advisor before deciding to purchase CMKX stock.
Onward,
Bill
