bhollenegg
DIAMOND JEDI
"Who Dares Wins"
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CMKX's Naked Short Revealed?
« Thread Started on Today at 10:43am »
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The Naked Short is noted in the company’s PRs and SEC Filings. The wording is confusing in the original statements. Stockholders addressed this several times, but there remains an uncertainty whether there is documented evidence of a substantial naked-short. The following paragraphs provide explanations clarifying the company's information on naked-shorted stock count. The reference documents are provided at the end of this post.
In the March 4, 2005 press release, the Company disclosed it had 703,518,875,000 shares of common stock issued and outstanding to approximately 2,032 stockholders of record (excluding shares held in "street name").
The company released another PR to clarify the previous information. The company explained Issued and Outstanding …”The issued and outstanding share number includes all shares of common stock issued and outstanding as of March 4, 2005, including those held by stockholders in their respective brokerage accounts and/or other nominee names.” In other words, definition of Issued and Outstanding, Stocks held by stockholders, whether at home, bank, brokerage account, beneficiary, TRUST, or under the mattress.
Then the company continues and explains what they consider a “Stockholder of Record”. “A stockholder of record is a person/entity that holds an actual certificate for shares of the Company's common stock in its name. Therefore, the Company has 2,032 stockholders that hold certificates in their own name. “. In other words, Definition of stockholder of record are stockholders with certificates in the name of the actual owners whether held at home, bank, brokerage, beneficiary, TRUST…
The company then explains the definition of ”Street Name” and how many shares are listed with Cede & Co., which are 407,321,106,308 “Street Name”. "Street name" refers to shares held in a person's/entity's brokerage or other trading account (important statement here, stockholders are not identified by the actual name of owners because the shares are not certed). The majority of these shares are typically shown on stockholder lists as being held in CEDE & CO. This is where the confusion enters the picture. Definition of ”Street Name”... shares held by brokerage or other trading account that are not certified. Why are "Street Name" stocks not certified? For starters, the stocks are always available for immediate sale or transfer to another broker. In addition, monthly brokerage statements are proof of ownership. Also, if the stock splits, there are no labor-intensive processes of having old certificate and having a new one issued.
According to the documents there are 703,518,875,000 shares held by stockholders of record (certified stock) + 407,321,106,308 known uncertified stocks= 1,110,839,981,000 (Trillion Shares) accounted for. Now, what about the Unknown “Street Name” stocks? That is what the certificate pull was about, to identify the actual owners of both unknown and known “Street Name” stocks. What is the known and unknown amount? It is somewhere located in the following Task Force Count and the shares presently not certed. The counterfeiting of shares is huge, imho.
Total Received Fax's: 42723
Total Fax's Filed: 42723
Number of Certs: 55495
Total Shares: 634,983,934,884
Number of Shareholders: 39863
The Clincher???
If there were 703,518,875,000 shares held by stockholders of record (certified) before the cert pull, then where are and who owned the large number of certified shares? The SEC Filings state that certain decisions were approved by the majority shareholder vote. Urban Casavant took the time and effort to file with the SEC what constitutes a majority shareholder. When the Outstanding balance was increased to 800 Billion, the document referenced below states that the increase was approved by 65% vote (highlighted in pink). Now, 65% of 500 Billion is 325 Billion shares held by the majority vote. What entity or entities are owners of 352 Billion shares, who voted for the increase to 800 Billion? Is this what the 2002 UJAC Irrevocable Trust and 2005 Irrevocable Trust accounts are all about...protecting the Majority Vote shares and assets? Also, what was the “significant contributions to the company” already made by Michael Williams as stated by Urban Casavant in the SEC Filing referenced below? Is part of the majority vote in Mr. Williams’ “The MDW and GRW 2000 Irrevocable Trust”? Urban Casavant and Michael Williams both entered contracts signing as Trustees of the Irrevocable Trust Accounts. Something to ponder.
Each avenue we take leads us to yet another direction. There will be many directions mapped out in the documents available. We are driven by our desire to understand the journey through CMKX-Land. Though we may take a different route with different viewpoints, I feel the final destination will be the same for the bona fide stockholder, a welcoming Return On Investment. Imsho.
All the best,
BHollenegg
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References
Shares Outstanding and Stockholders of Record.
In the March 4, 2005 press release, the Company disclosed it had 703,518,875,000 shares of common stock issued and outstanding to approximately 2,032 stockholders of record (excluding shares held in "street name").
Several stockholders have raised concern over what the previous statement actually means. The issued and outstanding share number includes all shares of common stock issued and outstanding as of March 4, 2005, including those held by stockholders in their respective brokerage accounts and/or other nominee names.
A stockholder of record is a person/entity that holds an actual certificate for shares of the Company's common stock in its name. Therefore, the Company has 2,032 stockholders that hold certificates in their own name.
"Street name" refers to shares held in a person's/entity's brokerage or other trading account. The majority of these shares are typically shown on stockholder lists as being held in CEDE & CO. The Company is not aware of how many stockholders have shares held in "street name", but the Company's stockholder list as of March 4, 2005 had 407,321,106,308 shares held in CEDE & CO.
www.secinfo.com/d1zrpn.z51.htm?Find=majority&Line=336#Line336The Cert Pull has been extended until May 15th 2006.
Total Received Fax's: 42723
Total Fax's Filed: 42723
Number of Certs: 55495
Total Shares: 634,983,934,884
Number of Shareholders: 39863
www.cmkmtaskforce.com/(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)
1. Name of Corporation:
CMKM DIAMONDS, INC.
2. The articles have been amended as follows (provide article numbers, if available):
The authorized shares of the corporation be increased to Eight Hundred Billion Shares (800,000,000,000) at a par value of $0.0001.
3. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: August 18, 2004
4. Effective date of filing (optional): Aug 18, 2004
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
www.secinfo.com/d1zrpn.z51.7.htm?Find=vote&Line=103#Line1033. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: 65%
4. Effective date of filing (optional): IMMEDIATE
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
www.secinfo.com/d1zrpn.z51.b.htm#1stPage"As we continue our agenda for 2005, it was obvious that Mr. Williams could bring a great deal of opportunity, organization and expertise to the company. He is a friend of Mr. Maheu and family members, has already made significant contributions to the company and I welcome him to the board," stated Urban Casavant, chairman.
www.secinfo.com/d1zrpn.z51.4.htm?Find=williams&Line=72#Line72Urban Casavant and Michael Williams entered contracts signing as Trustees of the Irrevocable Trust Accounts.
www.secinfo.com/d14JMk.v5y.c.htm?Find=williams#10thPage