Post by imSINGLEruRICH on Jan 20, 2008 11:40:44 GMT -5
From the Clubhouse....
Mr. Casey Rybeck
Justice Taskforce
Who Lied !! ? Bill Frizzell or Leslie Hakala
« Thread Started on Today at 10:00am »
Take notice to the dates
10/27/2005
Hi xxxx,
I can't really comment about Mr. Frizzell's update, except to note the following (which was already made public in another context): The
Enforcement Division welcomes all evidence of potential violations of the federal securities laws. Mr. Frizzell has been specifically invited to provide the Division with any evidence of violations that he has, including his alleged evidence of naked short selling. He has opted not to provide the Division with any such materials.
I don't know when the Commission will act on the revocation issue. I can assure you, however, that the matter is back in Washington, that adminstrative matters take time, and that the delay in getting a final order does NOT reflect any fears that the Division has about revoking the registration of CMKM Diamonds' stock.
I hope this helps you and other investors. Please do not hesitate to pass on my comments if you think they might be helpful to others.
Best,
Leslie Hakala
Bill Frizzell Q&A: 11-18-05
When I met with Leslie and the Regional Director of Enforcement in their offices following the administrative hearing I had in my possession a CD which showed our evidence (statistically speaking) that there were billions of naked shorted shares in this stock. I told her what was contained on the CD (digital photos of thousands of shareholder statements). She said if all you have is some shareholder statements showing 200 billion shares, that does not prove a naked short. I pointed out to her that the NOBO list numbers and the Transfer Agent’s numbers proved a naked short in this stock without any other evidence. I produced the NOBO list and she had the Transfer Agent’s list in her possession at the hearing. She expressed concern that shareholders would be sending in fake statements to support our cause. She asked me how we could prove that every shareholder statement was authentic. I told her that I had a digital photocopy of each statement and they were verified by the NOBO list in most cases. If you recall we were still accepting shareholder statements at the time of the hearing and continued to do so for some time after that meeting with Leslie. We continued to gather statements until we documented the information from 12,000 shareholders. Our totals exceeded 400 billion shares. If we did nothing more than add the cert holders to those that had shareholder statements we had proved a naked short.
We then asked the Judge to accept this evidence as a post trial exhibit. Leslie objected to our evidence during the appeals process when we offered this to Judge Murray. This was evidence to me that Leslie would continue to resist our evidence of naked shorting. When I asked her to produce for us the “fails to deliver�which they received daily in this stock, she declined to produce this information to us and asked me to file a FOIA request.
I left their office and immediately filed a FOIA request. The FOIA request was denied, so I filed suit to force the SEC to give me the information that Leslie told me I should be able to get through a simple request. Six months later, I finally received a partial response to my FOIA request. As we were leaving the meeting, I was told that whatever we did to prove a naked short, we were not to orchestrate a short squeeze because that was illegal. What we presented to her was not sufficient at that meeting by her own words.
The reality of the meeting was this. The SEC knew (or had the ability to know) the naked short positions in this company when we were in their office following the hearing. They received daily fails to deliver reports from the DTCC. They were fully aware of the NASD’s recognition of the naked shorting of CMKX stock. Remember the Jefferies letter and the ex-clearing transactions that were going on in CMKX. I was in their office with proof of naked shorting and was told our proof was not sufficient to conduct an investigation. The SEC did not need our proof to investigate the naked shorting of this stock if they were inclined to do so. They already had all the proof they needed and chose not to investigate it. Her letter stating we have not offered proof of naked shorting is inaccurate and was totally self serving. We did offer it, but she simply refused to consider it in the form we presented. I am hopeful that the appointment of Chris Cox will be helpful to us in our fight against naked shorting. I am hopeful the next time I approach the SEC will be with certificates from the Transfer Agent in hand. I fully expect to receive responses from more than 20% of the shareholders as we build our list to make the Entourage distribution.
So tell me, Who is lying to the shareholders ?!!!
Mr. Casey Rybeck
Justice Taskforce
Who Lied !! ? Bill Frizzell or Leslie Hakala
« Thread Started on Today at 10:00am »
Take notice to the dates
10/27/2005
Hi xxxx,
I can't really comment about Mr. Frizzell's update, except to note the following (which was already made public in another context): The
Enforcement Division welcomes all evidence of potential violations of the federal securities laws. Mr. Frizzell has been specifically invited to provide the Division with any evidence of violations that he has, including his alleged evidence of naked short selling. He has opted not to provide the Division with any such materials.
I don't know when the Commission will act on the revocation issue. I can assure you, however, that the matter is back in Washington, that adminstrative matters take time, and that the delay in getting a final order does NOT reflect any fears that the Division has about revoking the registration of CMKM Diamonds' stock.
I hope this helps you and other investors. Please do not hesitate to pass on my comments if you think they might be helpful to others.
Best,
Leslie Hakala
Bill Frizzell Q&A: 11-18-05
When I met with Leslie and the Regional Director of Enforcement in their offices following the administrative hearing I had in my possession a CD which showed our evidence (statistically speaking) that there were billions of naked shorted shares in this stock. I told her what was contained on the CD (digital photos of thousands of shareholder statements). She said if all you have is some shareholder statements showing 200 billion shares, that does not prove a naked short. I pointed out to her that the NOBO list numbers and the Transfer Agent’s numbers proved a naked short in this stock without any other evidence. I produced the NOBO list and she had the Transfer Agent’s list in her possession at the hearing. She expressed concern that shareholders would be sending in fake statements to support our cause. She asked me how we could prove that every shareholder statement was authentic. I told her that I had a digital photocopy of each statement and they were verified by the NOBO list in most cases. If you recall we were still accepting shareholder statements at the time of the hearing and continued to do so for some time after that meeting with Leslie. We continued to gather statements until we documented the information from 12,000 shareholders. Our totals exceeded 400 billion shares. If we did nothing more than add the cert holders to those that had shareholder statements we had proved a naked short.
We then asked the Judge to accept this evidence as a post trial exhibit. Leslie objected to our evidence during the appeals process when we offered this to Judge Murray. This was evidence to me that Leslie would continue to resist our evidence of naked shorting. When I asked her to produce for us the “fails to deliver�which they received daily in this stock, she declined to produce this information to us and asked me to file a FOIA request.
I left their office and immediately filed a FOIA request. The FOIA request was denied, so I filed suit to force the SEC to give me the information that Leslie told me I should be able to get through a simple request. Six months later, I finally received a partial response to my FOIA request. As we were leaving the meeting, I was told that whatever we did to prove a naked short, we were not to orchestrate a short squeeze because that was illegal. What we presented to her was not sufficient at that meeting by her own words.
The reality of the meeting was this. The SEC knew (or had the ability to know) the naked short positions in this company when we were in their office following the hearing. They received daily fails to deliver reports from the DTCC. They were fully aware of the NASD’s recognition of the naked shorting of CMKX stock. Remember the Jefferies letter and the ex-clearing transactions that were going on in CMKX. I was in their office with proof of naked shorting and was told our proof was not sufficient to conduct an investigation. The SEC did not need our proof to investigate the naked shorting of this stock if they were inclined to do so. They already had all the proof they needed and chose not to investigate it. Her letter stating we have not offered proof of naked shorting is inaccurate and was totally self serving. We did offer it, but she simply refused to consider it in the form we presented. I am hopeful that the appointment of Chris Cox will be helpful to us in our fight against naked shorting. I am hopeful the next time I approach the SEC will be with certificates from the Transfer Agent in hand. I fully expect to receive responses from more than 20% of the shareholders as we build our list to make the Entourage distribution.
So tell me, Who is lying to the shareholders ?!!!
