Post by soonerlew on Jan 25, 2008 1:03:43 GMT -5
millionaires.proboards86.com/index.cgi?board=main&action=display&thread=1201223494
I was asked by another Board Member & Mod to share the below IM that I created when he asked me whether I trusted Kevin West and Bill Frizzell… plus he wanted my thoughts on the rumors of Tyler finally taking some sort of payment… and why they would let UC back in.
That got me to thinking… and I sent him this response… which he then asked me to share with the board... though I took the liberty to add a few more thoughts since. Here it is…and I warn you… this is only a lot of speculation based upon reading the same information that everyone else on this board has access to.
I have decided to post this thread for one reason… I’d like to get others input on parts of the story they see differently… without anger, or calling anyone names, or providing any other type of verbal abuse and insults.
Please behave... after all... we're in this together.
Is that possible? We’ll see. If not, then I ask the Mods to shut this thread down quickly. Thanks in advance!
AIMO,
- Show
Wow! Busy couple of days, Yes?
We have rumors that the Tyler/ TOGi Gang have been paid off. Rumors that Bill may have passed along Insider Information from his work in the Task Force to business Associates and Investors at TOGi, such as Steven Brewer, who may have then acted on this information to get rid of his/ their shares through Deli.
A PR is released finally showing who is now claiming ownership of the Carolyn Pipe, the Kimberlite Pipe named after Urban’s Wife, and publishing core results on test that were made more than 1.5 years ago. .. and somehow get’s lost by their former and current management teams.
And, Acca is back to posting… claiming things are progressing once again… with four payments to come to all CMKX Shareholders with Certs… the first payment being an initial $9,999.99 payment to open a Bank and Debit account (Probably with Citi?). Interesting… that amount is just under the $10,000 limit that would require the bank to notify the IRS. Hmmm? He says additional payments will cover the NSS and further distributions from the company. He also alludes to the company finally deciding to force a cover on the market for those who did not cover previously. (The Money Shot?)
With regards to your question on KW and BF, my guess is that Bill Frizzell, representing his legal and business interests at TOGi, was never really looking at this from the greater needs of the shareholders. Instead, I believe he was mainly protecting his friends and business associates at TOGi. I’m on the fence with Kevin. I think his heart may have been in the right place… but maybe in over his head.
You have better DD than I on the claims, and whatever happened to them. But, I suspect this has been a massive shell game from the start. Why... because, I think multiple entities have been jockeying against each other trying to take control of the company’s assets, with competing international interests.
In fact, it wouldn’t surprise me if we were to find out we don’t have a clue as to how many entities have tried to lay claim to this land. Even Kevin and Bill noted no less than four government agencies have been involved and investigating. Controlling these claims, imo, was critical not only for competing business interests, but competing international economic interests as well. Wars have been fought for less.
So, let’s see if we can piece this together…
First, you have Urban Casavant himself... a former prison guard turned mining entrepreneur… who one night meets a DeBeers’ Engineer at a local Bar... and saw an opportunity in his own native land to lay claim to 1.9 Million Acres of land with potential Kimberlitic fields. He somehow is able to grab control of the claims before anyone else is able to.
Next, he brings in John Edwards because he needs a Shell Company to raise funds. If we are to believe Gary Walker, John Edwards has his own agenda... use the potential marketing value of the claims to Pump and Dump the stock... then leverage the capabilities of his mob-connected cronies down in Boca Raton (The Maggot Mile) to Naked Short the stock right down the toilet... making money on both ends of the deal.
However, drilling and core testing is done on the Fort a la Carne region claims... and “Guess what???!”... The lands really do have value! Again, if Gary Walker is to be believed, Urban has by then discovered that John Edwards has Mob connections, and that they are printing counterfeit (unauthorized and unregistered) shares in a blatant attempt to 1) earn ill-gotten revenues from the sale of fake shares; and 2) perhaps create enough shares to take control of the company.
At some point, however, John Edwards and his gang are caught trying to funnel these shares off through a brokerage firm, called NevWest Securities Corporation. In September, 2006, the National Association of Securities Dealers, Inc. (NASD), currently known as Financial Industry Regulatory Authority (FINRA), makes an announcement that they have charged NevWest Securities Corporation of Las Vegas and two of its top officers - President Sergey Rumyantsev and Vice President Antony M. Santos - with violating NASD's Anti-Money Laundering Rule. The NASD further charges that a NevWest customer (CMKX) opened 32 accounts at NevWest and sold more than 250 billion shares of a sub-penny stock, which generated total sales proceeds of over $53 million. NASD alleged that NevWest earned commission revenue on the sales totaling $2.5 million - 36 percent of the firm's total revenues during the relevant period.
IMO, what’s most interesting about all this is that no one, at that time, files any legal proceedings or law suits against any of the CMKX Management Team nor Insiders who the NASD claims are NevWest’s customer… after all, they would have been the primary benefactors of the money laundering scheme that was claimed.
www.finra.org/PressRoom/NewsReleases/2006NewsReleases/P017515
Ok, lots of people question whether or not Urban is a good guy or not. Maybe it’s as simple as that Urban makes the same classic mistakes and sins that other successful business owners have made when taking their companies public... by still treating the company as their own property... comingling funds… and being a little loose on the use of company resources. Perhaps John Edwards encouraged it. Regardless, Urban gets caught, and perhaps blackmailed by John Edwards... and/ or perhaps by Maheu, Glenn and Stoecklein?... and it appears also by the Tyler Gang when they later take control of the company in March of last year.
In the background, the CMKX Owners Group was formed, later becoming The Owners Group, Inc. (TOGi). Rumors abound that perhaps they are backed by Texas Oilmen who see an opportunity to buy a major stake in the company, and even take control. Who knows? Regardless of their motivations, they make major investments to acquire a large portion of the company's shares. Urban may even support their efforts at the time, welcoming their money and experience. Then again, maybe he smells a rat.
Interestingly...I believe Kevin West really did like Urban... and that Kevin really thought Urban was a good guy. And I believe Bill Frizzell, in his recent email to Soonerlou, when he says Kevin took the Interim CEO position against the wishes of the rest of TOGi’s Management Team. It wasn't until after the Interplead didn't happen, or at least was never announced, that Bill and John may have finally convinced Kevin that Urban was not working in the best interests of the CMKX Shareholders. Recall that Kevin was then taking a lot of heat at the time for not posting weekly PRs as he had promised, and becasue their was no new news on the progress of the Interplead.
If Urban is in fact in this on his own, he’s in a lot of trouble, and he knows he needs help. He lives in Las Vegas. There are lots of big, powerful CMKX investors there... such as Steve Wynn? His name has been mentioned. Also, Citigroup is alleged to have made big investments in the stock. Maybe Citi's Management discovered some of their folks were participating in the NSS, and needed to find out if the company really had assets and whether they needed to cover. (Question: Just why did they buy Knight Securities?) Then again, maybe the SEC, CIA and/ or the Justice Department needed a covert way to force some changes.
However it happens, Robert Maheu (Former FBI Agent, then Howard Hughes right-hand man and owner of Global Intelligence– a leading and international private investigation firm that is used by many Corporations and Government agencies), Donald Stoecklein (Owner of a leading Securities Law Firm) and Roger Glenn (Former SEC Lawyer and acknowledged expert on Sarbanes-Oxley) get brought in. Do these guys easily get fooled into working for a Pink Sheet firm without doing their own due diligence? Maybe I’m wrong… but, I don’t think so.
I personally don't see Urban having the clout to be able to bring these people, Maheu, Stoecklein and Glenn, in to fix his mess on his own. I do suspect Urban was welcoming of their support… but he doesn’t get this kind of support on his own… or even without consequences. Then again… perhaps this was all a setup from the beginning with Urban being the front for Maheu/ Global Intelligence’s efforts. I think that’s still very much a possibility.
The Maheu, Stoecklein and Glenn team see lots of problems that need resolution. First, save and hide the claims. Second, find a way to address the apparent NSS problem, once and for all. Third, get rid of the bad elements who are trying to take control of the company. Fourth, make all the bad people pay-up.
So, they initiate the “Cert Pull” to get CMKX Shareholders to demand receipt of the Paper Certs proving ownership of their Shares. They did this knowing that the DTCC has allowed Brokers, Banks, Hedge Funds and Market Makers to create non-existing, unauthorized shares electronically through Naked Shorting. (As we all know, the entity illegally shorts a stock by not actually borrowing it first. In fact, they may never try to cover their “shorts”, so to speak. The price of the stock can only fall... following the most basic rules of Supply and Demand".) The Cert Pull is needed because the Maheu Team knew those shareholders who were holding “Naked Shorts” would not be able to receive actual paper certificates… proving the existence of the Naked Short in a way that the SEC and DTCC could not deny.
At the same time, John Martin and his CMKX Owners group are trying to figure out what's going on. So, John Martin asks his lawyer, Bill Frizzell, to get close to the company. Bill inserts himself into the Task Force – which is led by Robert Maheu. Bill stays involved through the SEC hearings. The SEC refuses to hear the issue of the NSS, and Urban takes the fifth. If Urban doesn’t tkae the Fifth, he’ll have to talk about the claims, and their value. Or, for those who think Urban's evil, he would have to talk about the use of company assets and the issuing on non-approved shares. Regardless, at that point, I surmise that Bill thinks all may be lost... and he reports back to John Martin and certain large TOGi investors.
It seems pretty clear that at least some of the TOGi investors panic. Even if they think there may be eventual payback, they have a lot of their money tied up in this stock. Deli, always looking for an opportunity to make some money, has been looking for additional shares... both to keep and to sell. He is co-opted by the TOGi group. I suspect it's possible he doesn't know or even really care why these investors are selling their shares becasue I think he's mainly in it for the short run profit. Then again, he too could be part of the Plan. In fact, seeing how Maheu has acted in the past, Deli could be part of the plan without knowing it.
However, one can't just sign a Cert over to a new owner. Once a Gold Medallion signature is affixed, the Cert can literally be claimed and used by anyone. Therefore, Deli needs the certs transferred legally into his name… and then legally transferred into the new owner’s name. After the SEC hearing, Bill Frizzell steps in to assist in the process, via his role on the Task Force. Somehow, it is allowed that Deli's shares can be processed through the TA the same as the Certs from the Cert Pull.
By the way, I submit this action was and is legal. Bill and the Company would claim they are simply facilitating the lawful transfer of rightful ownership from one shareholder to another, since Brokers could no longer be involved after delisting of the company. Of course, imo, what is not so legal, would be the private sharing of information to selected members of TOGi, that was gained via participation on the Task Force. Certainly, this type of activity would be illegal before delisting of the company.
Later, Kevin also becomes involved vis-à-vis his roles as President and CEO of CMKM Diamonds. I suspect it’s possible that Kevin has been used all along by John Martin and Bill Frizzell… but again, that is only supposition on my part.
Meanwhile, back in Maheu’s World (Global Intelligence) a major fight is ongoing. They need to force the SEC to acknowledge the NSS Problem, and change the rules that made it possible. I suspect many at the SEC were reluctant at first… hence, I think the SEC hearing was an initial failure.
In fact, the SEC threatened a law suit if they pursued the Cert Pull… the story is the SEC claimed that the Cert Pull would illegally force a cover on the open market… which would have sent the price of CMKX Shares through the roof as the Brokers tried to find “real” certs to cover. During the SEC hearing, CMKX Management agrees to delist the company.
This is actually great news... and mabe what Maheu wants... as Delisting presents Maheu, Stoecklein and Glenn an alternative approach… vis-à-vis the threatened Interplead. Since the company is now delisted, the SEC no longer has authority over the actions of the firm. The Interplead is a type of legal action that asks a court to legally decide who rightful ownership is to real property… usually used to decide Insurance Claims when the Insurance Company is not really sure who the distributions of a policy and inheritance should go to. This is an unusual, but not unlawful use of an Interplead.
Assuming Maheu is really still involved, this is how I think it goes down. The Cert Pull goes forward. Pressure is applied – probably by threatening to force a cover on the open market, after the Interplead, and after CMKX’s assets and true value are re-discovered and exposed. As a result, certain people at the SEC leave… and the rules get changed. Also, certain banks, hedge funds, market makers, brokers, and various other nefarious characters, decide it’s in their best interest to cover before being forced to do so in an open market. However, I think, due to their greed, others do not!
Back to Tyler… Bill meets with Kevin. Shows whatever evidence he has that Urban may not have been the upstanding individual Kevin thought him to be. They meet with Urban and tell him he has to leave the company and turn it over to Kevin. I’m sure Urban is saying… hey, all is well… we just need more time to complete the Interplead. So… what really happens then? Does Urban stick his tail between his legs and leave? Or, has another plan already been hatched... turn CMKX over to Kevin as an empty shell… leaving nothing but $558 in the bank… and “Seven Boxes” from Urban’s personal Lawyer. There's those pesky seven boxes again. How do files from Urban's personal lawyer legally get turned over to CMKM Diamonds?
Regardless, if Tyler is not part of the Plan, they believe they have successfully taken control of the company by forcing Urban out. There has been a lot of speculation on their motives. But, I think it’s pretty simple. I’m sure they are thinking that if they can prove improper conduct by previous management and insiders, that they can then recover, through their recent lawsuits, the funds that previous CMKX Insiders received from the sale of CMKX Shares. Maybe they can even lay a claim to ownership of mineral claims that were lost through neglect.
Now, let's get real. Since TOGi is a group of Investors, with Bill Frizzell still acting as their legal Counsel... and since Kevin needs way more funds than $558 to keep the investigations and lawsuits going... where do you really think those funds came from? And, who do you think is first in line for any funds recovered from the lawsuits?
So, they (Tyler/ TOGi) pursue their lawsuits with real zeal, bringing in their TOGi Investors and other likeminded persons to support their activities… and to be their voice on the Boards.
That still leaves John Edwards and his gang that needs to be purged by Maheu’s team. Here, I’m admittedly a bit perplexed. Perhaps Maheu was playing the TOGi group to his advantage. Let their fear, anger and resources do the work for him by allowing them to take ownership of CMKM Diamonds Shell – but not the assets, and even supporting their efforts by providing access to the “Seven Boxes” from Urban’s personal lawyer, with enough advance notice to help them create their initial law suits. Or…perhaps Tyler really is part of the plan… and this has all been an elaborate charade.
But, since Kevin and Bill have said they are not part of a “Plan”, let’s assume for a moment that the Tyler/ TOGi Gang has been acting on their own… and that they are a threat to the Plan that Maheu and his team have been working on. In that scenario, it seems logical that Maheu’s Team first tries to reason with Bill Frizzell, John Martin and Kevin West. If Bill, Kevin and John do not then concede, it is because they (Tyler/ TOGi) think they have control of the company and that they will receive a bigger return by pursuing the assets they believe were stolen by the original CMKX insiders.
In that scenario, the Maheu Team would have to get them (Tyler/ TOGi) back under control. How do they do that? First they try to buy them off. That apparently doesn’t initially work. So, they threaten to expose their Insider Trading activities. Eventually, if the rumors are correct, the Tyler/ TOGi gang concede and agree to a buy-out. Isn’t it interesting that ACCA then calls them out, telling them to “Bring it”… and then information begins to leak out... that members of TOGi’s Management Team and Investors used insider information to get rid of their Investor’s shares? Well, if this scenario is correct, they must have some huge ones! I truly wouldn’t want to f**k with Robert Maheu and Global Intelligence… would you?
In conclusion, and based largely on what Acca has claimed in his last two MP3s, it appears Maheu’s (and his team’s) efforts to have all the naked shorters pay up may have not been entirely successful. Yes, my guess is that some Market Makers, Brokers, Banks and Hedge Funds likely settled during the Cert Pull… but it appears that some did not. So, it now appears that Maheu, Stoecklein and Glenn have decided to pull the trigger… and allow the market to force a cover by those who have held out.
If we choose not to believe that Maheu, Glenn and Stoecklein are still invloved... then that means Urban is going it alone - which is nearly impossible to believe... or he's in with someone else. (Since Acca's claims they are there at the beginning and at the end... perhaps Citi?)
AIMO… and I recognize… mostly speculation. I welcome respectful dialogue on the subject matter of this post. Please state your views, provide your opinions, and your DD... but please do not take it, or make it personal.
Thanks in advance,
- Show
I was asked by another Board Member & Mod to share the below IM that I created when he asked me whether I trusted Kevin West and Bill Frizzell… plus he wanted my thoughts on the rumors of Tyler finally taking some sort of payment… and why they would let UC back in.
That got me to thinking… and I sent him this response… which he then asked me to share with the board... though I took the liberty to add a few more thoughts since. Here it is…and I warn you… this is only a lot of speculation based upon reading the same information that everyone else on this board has access to.
I have decided to post this thread for one reason… I’d like to get others input on parts of the story they see differently… without anger, or calling anyone names, or providing any other type of verbal abuse and insults.
Please behave... after all... we're in this together.
Is that possible? We’ll see. If not, then I ask the Mods to shut this thread down quickly. Thanks in advance!
AIMO,
- Show
Wow! Busy couple of days, Yes?
We have rumors that the Tyler/ TOGi Gang have been paid off. Rumors that Bill may have passed along Insider Information from his work in the Task Force to business Associates and Investors at TOGi, such as Steven Brewer, who may have then acted on this information to get rid of his/ their shares through Deli.
A PR is released finally showing who is now claiming ownership of the Carolyn Pipe, the Kimberlite Pipe named after Urban’s Wife, and publishing core results on test that were made more than 1.5 years ago. .. and somehow get’s lost by their former and current management teams.
And, Acca is back to posting… claiming things are progressing once again… with four payments to come to all CMKX Shareholders with Certs… the first payment being an initial $9,999.99 payment to open a Bank and Debit account (Probably with Citi?). Interesting… that amount is just under the $10,000 limit that would require the bank to notify the IRS. Hmmm? He says additional payments will cover the NSS and further distributions from the company. He also alludes to the company finally deciding to force a cover on the market for those who did not cover previously. (The Money Shot?)
With regards to your question on KW and BF, my guess is that Bill Frizzell, representing his legal and business interests at TOGi, was never really looking at this from the greater needs of the shareholders. Instead, I believe he was mainly protecting his friends and business associates at TOGi. I’m on the fence with Kevin. I think his heart may have been in the right place… but maybe in over his head.
You have better DD than I on the claims, and whatever happened to them. But, I suspect this has been a massive shell game from the start. Why... because, I think multiple entities have been jockeying against each other trying to take control of the company’s assets, with competing international interests.
In fact, it wouldn’t surprise me if we were to find out we don’t have a clue as to how many entities have tried to lay claim to this land. Even Kevin and Bill noted no less than four government agencies have been involved and investigating. Controlling these claims, imo, was critical not only for competing business interests, but competing international economic interests as well. Wars have been fought for less.
So, let’s see if we can piece this together…
First, you have Urban Casavant himself... a former prison guard turned mining entrepreneur… who one night meets a DeBeers’ Engineer at a local Bar... and saw an opportunity in his own native land to lay claim to 1.9 Million Acres of land with potential Kimberlitic fields. He somehow is able to grab control of the claims before anyone else is able to.
Next, he brings in John Edwards because he needs a Shell Company to raise funds. If we are to believe Gary Walker, John Edwards has his own agenda... use the potential marketing value of the claims to Pump and Dump the stock... then leverage the capabilities of his mob-connected cronies down in Boca Raton (The Maggot Mile) to Naked Short the stock right down the toilet... making money on both ends of the deal.
However, drilling and core testing is done on the Fort a la Carne region claims... and “Guess what???!”... The lands really do have value! Again, if Gary Walker is to be believed, Urban has by then discovered that John Edwards has Mob connections, and that they are printing counterfeit (unauthorized and unregistered) shares in a blatant attempt to 1) earn ill-gotten revenues from the sale of fake shares; and 2) perhaps create enough shares to take control of the company.
At some point, however, John Edwards and his gang are caught trying to funnel these shares off through a brokerage firm, called NevWest Securities Corporation. In September, 2006, the National Association of Securities Dealers, Inc. (NASD), currently known as Financial Industry Regulatory Authority (FINRA), makes an announcement that they have charged NevWest Securities Corporation of Las Vegas and two of its top officers - President Sergey Rumyantsev and Vice President Antony M. Santos - with violating NASD's Anti-Money Laundering Rule. The NASD further charges that a NevWest customer (CMKX) opened 32 accounts at NevWest and sold more than 250 billion shares of a sub-penny stock, which generated total sales proceeds of over $53 million. NASD alleged that NevWest earned commission revenue on the sales totaling $2.5 million - 36 percent of the firm's total revenues during the relevant period.
IMO, what’s most interesting about all this is that no one, at that time, files any legal proceedings or law suits against any of the CMKX Management Team nor Insiders who the NASD claims are NevWest’s customer… after all, they would have been the primary benefactors of the money laundering scheme that was claimed.
www.finra.org/PressRoom/NewsReleases/2006NewsReleases/P017515
Ok, lots of people question whether or not Urban is a good guy or not. Maybe it’s as simple as that Urban makes the same classic mistakes and sins that other successful business owners have made when taking their companies public... by still treating the company as their own property... comingling funds… and being a little loose on the use of company resources. Perhaps John Edwards encouraged it. Regardless, Urban gets caught, and perhaps blackmailed by John Edwards... and/ or perhaps by Maheu, Glenn and Stoecklein?... and it appears also by the Tyler Gang when they later take control of the company in March of last year.
In the background, the CMKX Owners Group was formed, later becoming The Owners Group, Inc. (TOGi). Rumors abound that perhaps they are backed by Texas Oilmen who see an opportunity to buy a major stake in the company, and even take control. Who knows? Regardless of their motivations, they make major investments to acquire a large portion of the company's shares. Urban may even support their efforts at the time, welcoming their money and experience. Then again, maybe he smells a rat.
Interestingly...I believe Kevin West really did like Urban... and that Kevin really thought Urban was a good guy. And I believe Bill Frizzell, in his recent email to Soonerlou, when he says Kevin took the Interim CEO position against the wishes of the rest of TOGi’s Management Team. It wasn't until after the Interplead didn't happen, or at least was never announced, that Bill and John may have finally convinced Kevin that Urban was not working in the best interests of the CMKX Shareholders. Recall that Kevin was then taking a lot of heat at the time for not posting weekly PRs as he had promised, and becasue their was no new news on the progress of the Interplead.
If Urban is in fact in this on his own, he’s in a lot of trouble, and he knows he needs help. He lives in Las Vegas. There are lots of big, powerful CMKX investors there... such as Steve Wynn? His name has been mentioned. Also, Citigroup is alleged to have made big investments in the stock. Maybe Citi's Management discovered some of their folks were participating in the NSS, and needed to find out if the company really had assets and whether they needed to cover. (Question: Just why did they buy Knight Securities?) Then again, maybe the SEC, CIA and/ or the Justice Department needed a covert way to force some changes.
However it happens, Robert Maheu (Former FBI Agent, then Howard Hughes right-hand man and owner of Global Intelligence– a leading and international private investigation firm that is used by many Corporations and Government agencies), Donald Stoecklein (Owner of a leading Securities Law Firm) and Roger Glenn (Former SEC Lawyer and acknowledged expert on Sarbanes-Oxley) get brought in. Do these guys easily get fooled into working for a Pink Sheet firm without doing their own due diligence? Maybe I’m wrong… but, I don’t think so.
I personally don't see Urban having the clout to be able to bring these people, Maheu, Stoecklein and Glenn, in to fix his mess on his own. I do suspect Urban was welcoming of their support… but he doesn’t get this kind of support on his own… or even without consequences. Then again… perhaps this was all a setup from the beginning with Urban being the front for Maheu/ Global Intelligence’s efforts. I think that’s still very much a possibility.
The Maheu, Stoecklein and Glenn team see lots of problems that need resolution. First, save and hide the claims. Second, find a way to address the apparent NSS problem, once and for all. Third, get rid of the bad elements who are trying to take control of the company. Fourth, make all the bad people pay-up.
So, they initiate the “Cert Pull” to get CMKX Shareholders to demand receipt of the Paper Certs proving ownership of their Shares. They did this knowing that the DTCC has allowed Brokers, Banks, Hedge Funds and Market Makers to create non-existing, unauthorized shares electronically through Naked Shorting. (As we all know, the entity illegally shorts a stock by not actually borrowing it first. In fact, they may never try to cover their “shorts”, so to speak. The price of the stock can only fall... following the most basic rules of Supply and Demand".) The Cert Pull is needed because the Maheu Team knew those shareholders who were holding “Naked Shorts” would not be able to receive actual paper certificates… proving the existence of the Naked Short in a way that the SEC and DTCC could not deny.
At the same time, John Martin and his CMKX Owners group are trying to figure out what's going on. So, John Martin asks his lawyer, Bill Frizzell, to get close to the company. Bill inserts himself into the Task Force – which is led by Robert Maheu. Bill stays involved through the SEC hearings. The SEC refuses to hear the issue of the NSS, and Urban takes the fifth. If Urban doesn’t tkae the Fifth, he’ll have to talk about the claims, and their value. Or, for those who think Urban's evil, he would have to talk about the use of company assets and the issuing on non-approved shares. Regardless, at that point, I surmise that Bill thinks all may be lost... and he reports back to John Martin and certain large TOGi investors.
It seems pretty clear that at least some of the TOGi investors panic. Even if they think there may be eventual payback, they have a lot of their money tied up in this stock. Deli, always looking for an opportunity to make some money, has been looking for additional shares... both to keep and to sell. He is co-opted by the TOGi group. I suspect it's possible he doesn't know or even really care why these investors are selling their shares becasue I think he's mainly in it for the short run profit. Then again, he too could be part of the Plan. In fact, seeing how Maheu has acted in the past, Deli could be part of the plan without knowing it.
However, one can't just sign a Cert over to a new owner. Once a Gold Medallion signature is affixed, the Cert can literally be claimed and used by anyone. Therefore, Deli needs the certs transferred legally into his name… and then legally transferred into the new owner’s name. After the SEC hearing, Bill Frizzell steps in to assist in the process, via his role on the Task Force. Somehow, it is allowed that Deli's shares can be processed through the TA the same as the Certs from the Cert Pull.
By the way, I submit this action was and is legal. Bill and the Company would claim they are simply facilitating the lawful transfer of rightful ownership from one shareholder to another, since Brokers could no longer be involved after delisting of the company. Of course, imo, what is not so legal, would be the private sharing of information to selected members of TOGi, that was gained via participation on the Task Force. Certainly, this type of activity would be illegal before delisting of the company.
Later, Kevin also becomes involved vis-à-vis his roles as President and CEO of CMKM Diamonds. I suspect it’s possible that Kevin has been used all along by John Martin and Bill Frizzell… but again, that is only supposition on my part.
Meanwhile, back in Maheu’s World (Global Intelligence) a major fight is ongoing. They need to force the SEC to acknowledge the NSS Problem, and change the rules that made it possible. I suspect many at the SEC were reluctant at first… hence, I think the SEC hearing was an initial failure.
In fact, the SEC threatened a law suit if they pursued the Cert Pull… the story is the SEC claimed that the Cert Pull would illegally force a cover on the open market… which would have sent the price of CMKX Shares through the roof as the Brokers tried to find “real” certs to cover. During the SEC hearing, CMKX Management agrees to delist the company.
This is actually great news... and mabe what Maheu wants... as Delisting presents Maheu, Stoecklein and Glenn an alternative approach… vis-à-vis the threatened Interplead. Since the company is now delisted, the SEC no longer has authority over the actions of the firm. The Interplead is a type of legal action that asks a court to legally decide who rightful ownership is to real property… usually used to decide Insurance Claims when the Insurance Company is not really sure who the distributions of a policy and inheritance should go to. This is an unusual, but not unlawful use of an Interplead.
Assuming Maheu is really still involved, this is how I think it goes down. The Cert Pull goes forward. Pressure is applied – probably by threatening to force a cover on the open market, after the Interplead, and after CMKX’s assets and true value are re-discovered and exposed. As a result, certain people at the SEC leave… and the rules get changed. Also, certain banks, hedge funds, market makers, brokers, and various other nefarious characters, decide it’s in their best interest to cover before being forced to do so in an open market. However, I think, due to their greed, others do not!
Back to Tyler… Bill meets with Kevin. Shows whatever evidence he has that Urban may not have been the upstanding individual Kevin thought him to be. They meet with Urban and tell him he has to leave the company and turn it over to Kevin. I’m sure Urban is saying… hey, all is well… we just need more time to complete the Interplead. So… what really happens then? Does Urban stick his tail between his legs and leave? Or, has another plan already been hatched... turn CMKX over to Kevin as an empty shell… leaving nothing but $558 in the bank… and “Seven Boxes” from Urban’s personal Lawyer. There's those pesky seven boxes again. How do files from Urban's personal lawyer legally get turned over to CMKM Diamonds?
Regardless, if Tyler is not part of the Plan, they believe they have successfully taken control of the company by forcing Urban out. There has been a lot of speculation on their motives. But, I think it’s pretty simple. I’m sure they are thinking that if they can prove improper conduct by previous management and insiders, that they can then recover, through their recent lawsuits, the funds that previous CMKX Insiders received from the sale of CMKX Shares. Maybe they can even lay a claim to ownership of mineral claims that were lost through neglect.
Now, let's get real. Since TOGi is a group of Investors, with Bill Frizzell still acting as their legal Counsel... and since Kevin needs way more funds than $558 to keep the investigations and lawsuits going... where do you really think those funds came from? And, who do you think is first in line for any funds recovered from the lawsuits?
So, they (Tyler/ TOGi) pursue their lawsuits with real zeal, bringing in their TOGi Investors and other likeminded persons to support their activities… and to be their voice on the Boards.
That still leaves John Edwards and his gang that needs to be purged by Maheu’s team. Here, I’m admittedly a bit perplexed. Perhaps Maheu was playing the TOGi group to his advantage. Let their fear, anger and resources do the work for him by allowing them to take ownership of CMKM Diamonds Shell – but not the assets, and even supporting their efforts by providing access to the “Seven Boxes” from Urban’s personal lawyer, with enough advance notice to help them create their initial law suits. Or…perhaps Tyler really is part of the plan… and this has all been an elaborate charade.
But, since Kevin and Bill have said they are not part of a “Plan”, let’s assume for a moment that the Tyler/ TOGi Gang has been acting on their own… and that they are a threat to the Plan that Maheu and his team have been working on. In that scenario, it seems logical that Maheu’s Team first tries to reason with Bill Frizzell, John Martin and Kevin West. If Bill, Kevin and John do not then concede, it is because they (Tyler/ TOGi) think they have control of the company and that they will receive a bigger return by pursuing the assets they believe were stolen by the original CMKX insiders.
In that scenario, the Maheu Team would have to get them (Tyler/ TOGi) back under control. How do they do that? First they try to buy them off. That apparently doesn’t initially work. So, they threaten to expose their Insider Trading activities. Eventually, if the rumors are correct, the Tyler/ TOGi gang concede and agree to a buy-out. Isn’t it interesting that ACCA then calls them out, telling them to “Bring it”… and then information begins to leak out... that members of TOGi’s Management Team and Investors used insider information to get rid of their Investor’s shares? Well, if this scenario is correct, they must have some huge ones! I truly wouldn’t want to f**k with Robert Maheu and Global Intelligence… would you?
In conclusion, and based largely on what Acca has claimed in his last two MP3s, it appears Maheu’s (and his team’s) efforts to have all the naked shorters pay up may have not been entirely successful. Yes, my guess is that some Market Makers, Brokers, Banks and Hedge Funds likely settled during the Cert Pull… but it appears that some did not. So, it now appears that Maheu, Stoecklein and Glenn have decided to pull the trigger… and allow the market to force a cover by those who have held out.
If we choose not to believe that Maheu, Glenn and Stoecklein are still invloved... then that means Urban is going it alone - which is nearly impossible to believe... or he's in with someone else. (Since Acca's claims they are there at the beginning and at the end... perhaps Citi?)
AIMO… and I recognize… mostly speculation. I welcome respectful dialogue on the subject matter of this post. Please state your views, provide your opinions, and your DD... but please do not take it, or make it personal.
Thanks in advance,
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