Post by tec1958 on Mar 19, 2007 15:13:30 GMT -5
many have internet signed this
Topic: Certified Letter to Moran (Read 662 times)
phxgold
TDEM Flyover Pilot Level 1
Joined: Jan 2006
Posts: 1,086
Certified Letter to Moran
« Thread Started on Yesterday at 11:59pm »
--------------------------------------------------------------------------------
Here is the correspondanc eI am sending out to moran today. You can use it as a guideline if you wish. you can simply print it and sign it and send it yourself (If you do that please send me the certified number so we can collect those.)
or you can pm me your full name and I will print you name on this letter petition style before I send it out.
I will be sending it out certified to Mr Moran by 5pm so please if you want to be listed on this one pm me before 3 pacific so I can get r done.
There will be a copy with all names attached sent directly to Moran, Kevin, and Frizzell all certified and numbers will be posted and compiled.
so here we go lets make some noise we can use in the future
March 19, 2007
Mr. John T. Moran III
Moran and Associates
630 S 4th St # 400
Las Vegas, NV 89101
Mr. Moran:
You have been identified as the attorney for CMKM Diamonds, Inc. and I understand your representation does not necessarily involve representation of any particular officer or director of CMKM diamonds Inc. individually.
I am writing to you as a shareholder of CMKM Diamonds, Inc. By prior press releases, it is the understanding of most CMKM shareholders that Urban Casavant is the sole board member and Kevin West is the interim CEO. I would ask that the contents of this letter be conveyed to them for action by the company.
To comply with the requirements of the Nevada statutes and the appropriate Federal statutes, I am making a request for certain legal action to be taken by the company at the request of numerous shareholders that currently hold certificated positions in CMKM Diamonds Inc.
First, I wish to convey to you the importance of communication with the shareholders through this time. On August 28, 2006, it was announced that “John T. Moran III of the Law Offices of Moran & Associates, a law firm whose residence is situated in the Great State of Nevada, will now proceed via the federal court system and, specifically, the initiation of action in interpleader for the purpose of accounting and earmarking certificates to those shareholders presenting viable equity in the Company.” Then, on Dec 20, 2006 there was a press release that stated, "The Company met with their corporate attorney, John T. Moran III of the Moran Law Firm, to discuss the status of interpleader to be filed with the Federal Court as discussed in the PR of 8-28-06. The Company was informed that the pleadings are almost complete, however, Attorney Moran was made aware of and discovered additional Company information that dictated further investigation and due diligence that needed to be performed by all of the attorneys involved before the document can be completed.” It is now March 19, 2007 and we have yet to receive any communication or legal action on our behalf and this is unacceptable.
Many of the company shareholders have been involved in the investigation of the transactions that led to the issuances of stock currently under investigation by the NASD Disciplinary Proceeding No. E0220040112-01 regarding issuances and sales of CMKM stock By Mr. John Michael Edwards.
A review of the administrative proceeding with the NASD shows;
1) In or about September 2002, JE began opening accounts with a registered representative at NevWest. From 2002 through December 2004, JE opened and controlled 32 accounts for various trusts and corporate entities, including one personal retirement account (collectively, "JE’s accounts"). JE opened five accounts in 2002, 19 accounts in 2003, and eight accounts in 2004.
2) The customer address in 30 of JE’s 32 accounts was 7500 West Lake Mead Boulevard, Suite 9627, Las Vegas, Nevada 89128. JE also used his personal social security number as the tax identification number in 29 of JE’s 32 accounts.
3) During the relevant period, JE sold approximately 259 billion shares of CMKM through NevWest, at an average price of $0.00021 per share. NevWest executed trades for JE’s accounts in agency transactions. During the relevant period, the price of CMKM shares generally ranged from a high of $0.00057 per share in June 2004 to a low of $0.00005 price per share in May 2005.
It has been proven by the records you and I have received from the SEC that NevWest Securities has allowed John Edwards to open at least 32 trust accounts to trade Securities. The company issued stock certificates to Mr. Edward’s companies and trusts totaling 259 Billion shares in 2003, 2004 and 2005. Once the sales of these massive amounts of CMKX stock were concluded, checks were issued and funds were wired from NevWest to various accounts at the direction of John Edwards. The company should investigate these activities to determine the complicity of NevWest in the massive dilution and improper trading activities of its company stock.
This trading was all in direct violation of every provision of rule 144. For this reason we expect that in the interpleader hearing the company prays for relief of the court in canceling these 259 billion shares sold illegally into the market, in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of the ETGMF asset among bonafide shareholders of CMKM Diamonds Inc.
We also wish for the company to issue and file a statement with the Securities and Exchange Commission in form 8K notification of, and reasoning behind, the issuance of 338,518,875,000 shares issued under legal opinion of D. Roger Glenn between July 19, 2004 and Aug 19, 2004 that substantially diluted the dividend ratio of shareholders of record for the GEMM, USCA, and CIM dividends issued in 2004. We request, also, that the company look into the opinion letters that allowed these shares totaling 43.5% of the entire Issued and Outstanding shares of CMKM stock. If issued free trading and sold into the market it was done in violation of every provision of rule 144 and thereby illegally diluted ownership of certificate holders in CMKM Diamonds Inc. For this reason we expect that, in the interpleader hearing, the company prays for relief of the court in canceling these shares if sold into the market in violation of these Federal regulations in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of The ETGMF asset as well as aid in a recalculation of the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
We also ask the company to investigate and act in appropriate fashion regarding the use of opinion letters to issue CMKM Diamonds Inc. shares for Convertible Debt on the dates of Jan 6, 7, 9, 12, 13, 2004 totaling twenty-five billion restricted shares. According to documents provided to the SEC for the Administrative proceeding, these shares were issued under an opinion letter written by James E Pitochelli. Our investigation of this individual found that James E Pitochelli died in Las Vegas Hospital at the age of 63 on Dec 3, 2001 two and a half years prior to the opinion letters being written and acted upon by CMKM Diamonds Transfer Agent First Global Stock Transfer.
This fact creates an issue with the transfer agent, 1st Global Stock Transfer, and whether their methodology of verifying opinion letters and stock issuances should be questioned. If this is the case, and the opinion letters issued were done fraudulently, we expect that in the interpleader hearing the company prays for relief of the court in canceling these shares if sold into the market in violation of these Federal regulations in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of the ETGMF asset as well as recalculate the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
If it is found that in the light of the companies investigation into these issuances and subsequent sales of shares under fraudulent pretense and in violation of all insider trading rules, we the shareholders pray that the court cancels all 622,518,875,000 shares issued and sold through fraudulent means leaving a company issued and outstanding of 81,000,000,000 of which the bonafide shareholders hold 783% in certificate form. These issues should be addressed with the Brokers that requested the certificates for these illegally sold shares as well as their clearing firms. This over issuance should also be addressed with the transfer agent First Global Stock Transfer directly, as well as the Securities and Exchange Commission for "mandatory buy in of any actual physical over issuance that such transfer agent caused" in compliance with Rule 17Ad-10 section (g)(1) of the Securities Exchange Act of 1934. The shareholders request this action be included in the interpleader action as well, as the cancellation of these shares can significantly improve the distribution ratio of The ETGMF asset as well as aid in the recalculation of the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
We also ask you, Mr. Moran, to act in a more expeditious fashion in filing this interpleader action.
The shareholders have performed much due diligence on the company's dealings and relationships because they have received no information of substance on the company's operations since the administrative proceedings in 2005. Maybe the bright lights of litigation will help illuminate some of the reasons this company stock has been diluted and shorted and there appears to be total inaction on behalf of the company to provide any transparency to its shareholders whatsoever.
This list does not purport to be a complete and final list of actions that these shareholders deem to be warranted. In accordance with the requirements of Nevada law and Federal Rules of Procedure, we will notify you of any additional acts the shareholders deem necessary.
Please present these matters to Mr. Casavant and Mr. West for consideration. The cases which I found interpreting the relevant statutes do not suggest a specific time period within which to request action. I will look forward to your response within 10 days from today. If, after due consideration of the shareholders' request, the company believes in its best judgment that the actions we seek are not justified or are unusually demanding, please advise through an official press release.
Regards,
Topic: Certified Letter to Moran (Read 662 times)
phxgold
TDEM Flyover Pilot Level 1
Joined: Jan 2006
Posts: 1,086
Certified Letter to Moran
« Thread Started on Yesterday at 11:59pm »
--------------------------------------------------------------------------------
Here is the correspondanc eI am sending out to moran today. You can use it as a guideline if you wish. you can simply print it and sign it and send it yourself (If you do that please send me the certified number so we can collect those.)
or you can pm me your full name and I will print you name on this letter petition style before I send it out.
I will be sending it out certified to Mr Moran by 5pm so please if you want to be listed on this one pm me before 3 pacific so I can get r done.
There will be a copy with all names attached sent directly to Moran, Kevin, and Frizzell all certified and numbers will be posted and compiled.
so here we go lets make some noise we can use in the future
March 19, 2007
Mr. John T. Moran III
Moran and Associates
630 S 4th St # 400
Las Vegas, NV 89101
Mr. Moran:
You have been identified as the attorney for CMKM Diamonds, Inc. and I understand your representation does not necessarily involve representation of any particular officer or director of CMKM diamonds Inc. individually.
I am writing to you as a shareholder of CMKM Diamonds, Inc. By prior press releases, it is the understanding of most CMKM shareholders that Urban Casavant is the sole board member and Kevin West is the interim CEO. I would ask that the contents of this letter be conveyed to them for action by the company.
To comply with the requirements of the Nevada statutes and the appropriate Federal statutes, I am making a request for certain legal action to be taken by the company at the request of numerous shareholders that currently hold certificated positions in CMKM Diamonds Inc.
First, I wish to convey to you the importance of communication with the shareholders through this time. On August 28, 2006, it was announced that “John T. Moran III of the Law Offices of Moran & Associates, a law firm whose residence is situated in the Great State of Nevada, will now proceed via the federal court system and, specifically, the initiation of action in interpleader for the purpose of accounting and earmarking certificates to those shareholders presenting viable equity in the Company.” Then, on Dec 20, 2006 there was a press release that stated, "The Company met with their corporate attorney, John T. Moran III of the Moran Law Firm, to discuss the status of interpleader to be filed with the Federal Court as discussed in the PR of 8-28-06. The Company was informed that the pleadings are almost complete, however, Attorney Moran was made aware of and discovered additional Company information that dictated further investigation and due diligence that needed to be performed by all of the attorneys involved before the document can be completed.” It is now March 19, 2007 and we have yet to receive any communication or legal action on our behalf and this is unacceptable.
Many of the company shareholders have been involved in the investigation of the transactions that led to the issuances of stock currently under investigation by the NASD Disciplinary Proceeding No. E0220040112-01 regarding issuances and sales of CMKM stock By Mr. John Michael Edwards.
A review of the administrative proceeding with the NASD shows;
1) In or about September 2002, JE began opening accounts with a registered representative at NevWest. From 2002 through December 2004, JE opened and controlled 32 accounts for various trusts and corporate entities, including one personal retirement account (collectively, "JE’s accounts"). JE opened five accounts in 2002, 19 accounts in 2003, and eight accounts in 2004.
2) The customer address in 30 of JE’s 32 accounts was 7500 West Lake Mead Boulevard, Suite 9627, Las Vegas, Nevada 89128. JE also used his personal social security number as the tax identification number in 29 of JE’s 32 accounts.
3) During the relevant period, JE sold approximately 259 billion shares of CMKM through NevWest, at an average price of $0.00021 per share. NevWest executed trades for JE’s accounts in agency transactions. During the relevant period, the price of CMKM shares generally ranged from a high of $0.00057 per share in June 2004 to a low of $0.00005 price per share in May 2005.
It has been proven by the records you and I have received from the SEC that NevWest Securities has allowed John Edwards to open at least 32 trust accounts to trade Securities. The company issued stock certificates to Mr. Edward’s companies and trusts totaling 259 Billion shares in 2003, 2004 and 2005. Once the sales of these massive amounts of CMKX stock were concluded, checks were issued and funds were wired from NevWest to various accounts at the direction of John Edwards. The company should investigate these activities to determine the complicity of NevWest in the massive dilution and improper trading activities of its company stock.
This trading was all in direct violation of every provision of rule 144. For this reason we expect that in the interpleader hearing the company prays for relief of the court in canceling these 259 billion shares sold illegally into the market, in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of the ETGMF asset among bonafide shareholders of CMKM Diamonds Inc.
We also wish for the company to issue and file a statement with the Securities and Exchange Commission in form 8K notification of, and reasoning behind, the issuance of 338,518,875,000 shares issued under legal opinion of D. Roger Glenn between July 19, 2004 and Aug 19, 2004 that substantially diluted the dividend ratio of shareholders of record for the GEMM, USCA, and CIM dividends issued in 2004. We request, also, that the company look into the opinion letters that allowed these shares totaling 43.5% of the entire Issued and Outstanding shares of CMKM stock. If issued free trading and sold into the market it was done in violation of every provision of rule 144 and thereby illegally diluted ownership of certificate holders in CMKM Diamonds Inc. For this reason we expect that, in the interpleader hearing, the company prays for relief of the court in canceling these shares if sold into the market in violation of these Federal regulations in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of The ETGMF asset as well as aid in a recalculation of the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
We also ask the company to investigate and act in appropriate fashion regarding the use of opinion letters to issue CMKM Diamonds Inc. shares for Convertible Debt on the dates of Jan 6, 7, 9, 12, 13, 2004 totaling twenty-five billion restricted shares. According to documents provided to the SEC for the Administrative proceeding, these shares were issued under an opinion letter written by James E Pitochelli. Our investigation of this individual found that James E Pitochelli died in Las Vegas Hospital at the age of 63 on Dec 3, 2001 two and a half years prior to the opinion letters being written and acted upon by CMKM Diamonds Transfer Agent First Global Stock Transfer.
This fact creates an issue with the transfer agent, 1st Global Stock Transfer, and whether their methodology of verifying opinion letters and stock issuances should be questioned. If this is the case, and the opinion letters issued were done fraudulently, we expect that in the interpleader hearing the company prays for relief of the court in canceling these shares if sold into the market in violation of these Federal regulations in accordance with Article 8 of the UNIFORM COMMERCIAL CODE (UCC). The cancellation of these shares can significantly improve the distribution ratio of the ETGMF asset as well as recalculate the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
If it is found that in the light of the companies investigation into these issuances and subsequent sales of shares under fraudulent pretense and in violation of all insider trading rules, we the shareholders pray that the court cancels all 622,518,875,000 shares issued and sold through fraudulent means leaving a company issued and outstanding of 81,000,000,000 of which the bonafide shareholders hold 783% in certificate form. These issues should be addressed with the Brokers that requested the certificates for these illegally sold shares as well as their clearing firms. This over issuance should also be addressed with the transfer agent First Global Stock Transfer directly, as well as the Securities and Exchange Commission for "mandatory buy in of any actual physical over issuance that such transfer agent caused" in compliance with Rule 17Ad-10 section (g)(1) of the Securities Exchange Act of 1934. The shareholders request this action be included in the interpleader action as well, as the cancellation of these shares can significantly improve the distribution ratio of The ETGMF asset as well as aid in the recalculation of the distribution ratio of past dividends to the bonafide shareholders of CMKM Diamonds Inc.
We also ask you, Mr. Moran, to act in a more expeditious fashion in filing this interpleader action.
The shareholders have performed much due diligence on the company's dealings and relationships because they have received no information of substance on the company's operations since the administrative proceedings in 2005. Maybe the bright lights of litigation will help illuminate some of the reasons this company stock has been diluted and shorted and there appears to be total inaction on behalf of the company to provide any transparency to its shareholders whatsoever.
This list does not purport to be a complete and final list of actions that these shareholders deem to be warranted. In accordance with the requirements of Nevada law and Federal Rules of Procedure, we will notify you of any additional acts the shareholders deem necessary.
Please present these matters to Mr. Casavant and Mr. West for consideration. The cases which I found interpreting the relevant statutes do not suggest a specific time period within which to request action. I will look forward to your response within 10 days from today. If, after due consideration of the shareholders' request, the company believes in its best judgment that the actions we seek are not justified or are unusually demanding, please advise through an official press release.
Regards,
