AG effort - Hodges opinion

[briwadd]

Al <[e-mail]>View Contact
To: Brian Waddell <[e-mail]>
Cc: [e-mail]; Gina <[e-mail]>


--------------------------------------------------------------------------------

Mr. Waddell – I am not interested in either direct or indirect support of this endeavor. I have, as you may know, already filed a complaint with the AG in New York; to date, I have received essentially no real response. Accordingly, I do not believe this venture will serve my temporal priorities. Thanks for your inquiry.


Regards,

Al Hodges




--------------------------------------------------------------------------------

From: Brian Waddell [mailto:[e-mail]]
Sent: Monday, October 11, 2010 8:18 AM
To: Al
Subject: Attorney General


Mr. Hodges:


As you know, there is an effort to contact every Attorney General's office in America and file a complaint against the Federal Government. The goal is to apply a massive amount of pressure against the SEC in hopes that it will hasten the release of funds. While many individuals state that this effort is independent of your Bivens Action and that your involvement in this matter is not necessary, I disagree.


In my a opinion, your involvement in this matter is crucial. I don't believe that an AG's office would even consider looking into this without talking to you first. There has been speculation on whether or not you would cooperate or even talk to a State Attorney General. So I respectfully ask this question of you: If an AG was to contact your office, would you take the call? Would you cooperate or ask for their assistance?

I am sure that if the shareholders knew you were behind our efforts, we would have a far greater response.

Thank You

Brian Waddell

[jeremiah007]

Let the responses commence...

[dljazz]

Well this is very interesting.

[briwadd]

I debated whether or not to post the email. Since I have never met Hodges and his response was essentially to an anonymous individual, I assumed he would not have a problem with me posting the email and probably assumed I would.

Briwadd

[moby]

briwadd now go back and ask al exactly what are his----------

I do not believe this venture will serve my temporal priorities.

[briwadd]

Oct 12, 2010 20:07:40 GMT -5 @moby said:

briwadd now go back and ask al exactly what are his----------

I do not believe this venture will serve my temporal priorities.

I am surprised he responded to the original email. I can guarantee he won't respond to that inquiry..

Briwadd

[ksirc1]

Oct 12, 2010 19:39:08 GMT -5 briwadd said:

Al <[e-mail]>View Contact
To: Brian Waddell <[e-mail]>
Cc: [e-mail]; Gina <[e-mail]>


--------------------------------------------------------------------------------

Mr. Waddell – I am not interested in either direct or indirect support of this endeavor. I have, as you may know, already filed a complaint with the AG in New York; to date, I have received essentially no real response. Accordingly, I do not believe this venture will serve my temporal priorities. Thanks for your inquiry.


Regards,

Al Hodges




--------------------------------------------------------------------------------

From: Brian Waddell [mailto:[e-mail]]
Sent: Monday, October 11, 2010 8:18 AM
To: Al
Subject: Attorney General


Mr. Hodges:


As you know, there is an effort to contact every Attorney General's office in America and file a complaint against the Federal Government. The goal is to apply a massive amount of pressure against the SEC in hopes that it will hasten the release of funds. While many individuals state that this effort is independent of your Bivens Action and that your involvement in this matter is not necessary, I disagree.


In my a opinion, your involvement in this matter is crucial. I don't believe that an AG's office would even consider looking into this without talking to you first. There has been speculation on whether or not you would cooperate or even talk to a State Attorney General. So I respectfully ask this question of you: If an AG was to contact your office, would you take the call? Would you cooperate or ask for their assistance?

I am sure that if the shareholders knew you were behind our efforts, we would have a far greater response.

Thank You

Brian Waddell

I would say based on the fact AH responded... this thing is not coming in for a landing anytime soon.

[briwadd]

I think you may be reading a little too much into his response!!

[theotherside]

tem·po·ral  [tem-per-uhl, tem-pruhl]
pertaining to or concerned with the present life or this world

Well then, can we find out if their venture will serve his afterlife or off world priorities?

[snifferpup]

II. Temporal Priority Rules (First to File or Perfect)

A. In General

§5.2 MCL 440.9322 states the general rule that the first secured party to file a financing statement covering the collateral or to otherwise perfect will have priority over competing security interests. This is often referred to as the “temporal” priority rule, and it reflects the time-honored tradition of rewarding the most diligent creditor in the race to the collateral. The exceptions to this general rule, discussed below, relate to security interests in deposit accounts, investment property, letter-of-credit rights, chattel paper, instruments, fixtures, and purchase-money security interests (PMSI). UCC §9-322 comment 2. Other exceptions are security interests arising under Articles 2, 2A, 4, and 5. Id. The rules of priority governing these various exceptions to the general rule are often referred to as “nontemporal” priority rules because priorities do not depend on which secured party was the first to file or perfect but on other factors generally reflecting different policy choices.

MCL 440.9322(1) sets forth three general rules of temporal priority. These rules are based on the common-law concept “of a race of diligence among creditors.” UCC §9-322 comment 3. The first rule is as follows: unless otherwise provided in MCL 440.9322(1), the first secured party or agricultural lienor to file a financing statement or otherwise perfect its interest or lien in the collateral will have priority over holders of security interests or liens that are subsequently acquired or perfected. MCL 440.9322(1)(a). The time of priority is established on the earlier of filing or perfection, as long as “there is no period thereafter when there is neither filing nor perfection.”Id.

UCC §9-322 comment 4 explains the operation of this first general rule of temporal priority:

When there is more than one perfected security interest, the security interests rank according to priority in time of filing or perfection. “Filing,” of course, refers to the filing of an effective financing statement. “Perfection” refers to the acquisition of a perfected security interest, i.e., one that has attached and as to which any required perfection step has been taken.

…

The rule of subsection [(1)(a)], affording priority to the first to file or perfect, applies to security interests that are perfected by any method including temporarily (Section 9-312) or upon attachment (Section 9-309), even though there may be no notice to creditors or subsequent purchasers and notwithstanding any common-law rule to the contrary.


The second rule of temporal priority is also the most obvious one. Unless otherwise provided in MCL 440.9322(1), a perfected security interest or agricultural lien will have priority over conflicting unperfected security interests and agricultural liens. MCL 440.9322(1)(b). The third general rule is set forth in MCL 440.9322(1)(c): the first unperfected security interest or agricultural lien “to attach or become effective” will have priority over conflicting security interests and agricultural liens that are also unperfected. As explained in UCC §9-322 comment 11, this last rule

may be of merely theoretical interest, inasmuch as it is hard to imagine a situation where the case would come into litigation without either secured party’s having perfected its security interest. If neither security interest had been perfected at the time of the filing of a petition in bankruptcy, ordinarily neither would be good against the trustee in bankruptcy under the Bankruptcy Code.


Creditors dealing with a debtor who promptly files for protection under the Bankruptcy Code may find themselves in this predicament if they fail to file a financing statement before the bankruptcy petition date. This is so because the automatic stay that takes effect on filing a bankruptcy petition generally bars creditors from taking steps to perfect prepetition security interests. See 11 USC 362(a). But see 11 USC 362(b)(3), 546.

[gusjarvis]

briwadd, I appreciate your efforts. Remember this is actually imo a call to investigate the authorities involved, ie the AG of NY. Mr. Hodges has lodged a very credible complaint with Mr. Cuomo with no response, this is the whole point of the action imo. Why is it ok for all authorities to breach their fiduciary duty in regards to CMKX shareholders.

Mr. Hodges letter to Mr. Cuomo outlines many of the complaints that should be lodged with the other AG's. The questions raised in Mr. Hodges letter to Mr. Cuomo should be front an center in our quest for justice, and we deserve answers to why Mr. Cuomo has not acted. Here is Mr. Hodges letter to the NY AG, where he outlines the crimes being committed that prevent the conclusion of his Bivens case and crimes which continue to this day as every single day that passes past the Feb. 14th date Al mentions here is another day crimes are being committed against us.


E-Mail: [e-mail]

For: David A. Markowitz, Esq.
Special Deputy Attorney General
for Investor Protection

Attorney General of the State of New York
120 Broadway, 23rd Floor
New York, NY 10001

Dear Ms. Brown:

Thank you for speaking with me earlier today and explaining that Mr. Markowitz was out for the rest of the day. We discussed briefly the nature of my request and you suggested that I forward the appropriate information to your attention via e-mail for Mr. Markowitz’s review on his return Monday, March 1, 2010. The information is as follows:

• I am a California trial attorney with some 40 years experience in State and Federal Court, as well as other jurisdictions.

• In January of this year I filed a Bivens Class Action against the five sitting SEC Commissions and five past SEC Commissioners seeking some 3.87 Trillion Dollars in damages for the taking of property by unconstitutionally withholding consent to distribute such sums as had previously been collected for the benefit of 50,000 + shareholders of CMKM Diamonds, Inc.; a conformed copy of the complaint is attached.

• The SEC Office of General Counsel has agreed to accept service on behalf of the sitting Commissioners; the other commissioners are currently being served.

• The weight of opinion is that this litigation will not be allowed to proceed into the discovery stages and/or to trial; there is mounting evidence that a distribution of funds to the shareholders is on the near horizon.

• I am advised that a portion of trust funds previously ear-marked for distribution to support the U.S. Domestic Settlement Fund Program currently in process were distributed to the United States Treasury facility in New York City on December 31, 2009 through and with the assistance of the New York Federal Reserve Bank in New York City.

• I am advised that these trust funds totaled 4.2 Trillion Dollars and were paid into the U.S. Treasury as and for taxes due to be paid from the trust(s) upon distribution of the trust assets.

• I am further advised that pursuant to Federal Banking Regulations, New York State Banking Regulations, and the Martin Act, inter alia, the transferred funds could be held without return for a maximum period of time under any circumstances for forty-five days or until midnight February 14, 2010.

• I am further advised that the U.S. Treasury has not remitted these funds, is still possessed of these funds and more importantly the trust(s) assets have not been distributed.

• The above circumstances, upon proof, demonstrate serious criminal violations of the statutes referred to above.

• I represent, at least as the Class Counsel, a number of New York residents who are beneficiaries of these trust(s) and are among the 50,000 + shareholders. I know many of these people on a personal basis in addition to being their counsel of record and can attest to their severe and continuing damage suffered and being suffered as a result of the non-distribution and non-receipt of the afore mentioned trust assets; some of them are also anxious to visit you in person and describe their continuing outrage.

Demand is hereby made that your office initiate, at the earliest possible time, an investigation into the criminal activities of those persons within your jurisdiction whom have contributed to and otherwise facilitated these criminal acts. I would be happy to discuss these facts with you at your early convenience. Please feel free to contact me directly at: [phone]. Thank you in advance for your prompt attention to this matter.

A. Clifton Hodges (CSBN 046803)
HODGES AND ASSOCIATES
4 East Holly Street, Suite 202
Pasadena, CA 91103-3900

Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]

[gusjarvis]

there is enough credible allegations in that letter to call for a full public inquiry into this, every question demands an answer for the shareholders of cmkx, and despite what posters like goodolboy say this is not la la land stuff.

Al wrote to you that this was real, what he is saying in this is real, so there is your ag action my friend, all you have to do is demand the answers to Al's complaint to the AG of NY, you are a shareholder in Texas who deserves an answer to why your money is illegally being withheld from you and answers to why the taxes were taken out of your money you don't have.

cheers and thanks

[wolfbela]

Mr. Hodges really has no basis for the filing in NY, as he is not a resident there. So the AG has no responsibility to respond to him. He should know that as an attorney.

Now when NY state citizens file a complaint with the AG and the NY state securities commission, that will be a different story..

It certainly would be nice, at this point, for Mr Hodges to issue some clear, common sense statements, rather than such esoteric wordage
that leaves many shareholders bewildered. But his ambiguity is not surprising.

Addendum:
In rereading Hodges' letter to Cuomo.. he states he represents some NY residents.. I guess that is his standing for approaching NY AG. If he says on paper he represents these people, why are these shareholders in the dark. Shouldn't they be given the same accessible privileges as the plaintiffs. I don't know if that would be a good thing or not, but it seems Mr. Hodges represents any shareholders that are convenient for him at the moment, yet when these same shareholders want information, the request falls on deaf ears. Time for somebody to stand up and be accountable..
J WB

[gusjarvis]

Brian, what I meant to say is here is the proof of what Al talks about, he filed a complaint on behalf of cmkx shareholders, and you are one of them. Mr. Hodges says he represents you and all shareholders, so it is your right to take this information and file it with your texas ag, it is our right to file this with the sec, fbi, rcmp, doj, whoever we want that has a role in this matter. The information in this deserve and demands an investigation into Mr. Hodges allegations, that is my point. It doesn't matter if we have any documents to back up what Al says, he is a direct party to the proceeding and that is enough per my contact in the rcmp to not only warrant an investigation, but it is the legal duty of the authorities to do so.

The public statements Al has made and the statements Al made in court again are enough to warrant an investigation. Everyone in cmkx is harmed by the crimes Al alleges are happening, everyone has the right to file in their state. Remember if laws are being broken by not distributing our money past feb 14th, everyone who stops the payment after that is in fact committing a crime.


Al <[e-mail]>View Contact
To: Brian Waddell <[e-mail]>
Cc: [e-mail]; Gina <[e-mail]>


--------------------------------------------------------------------------------

Mr. Waddell – I am not interested in either direct or indirect support of this endeavor. I have, as you may know, already filed a complaint with the AG in New York; to date, I have received essentially no real response. Accordingly, I do not believe this venture will serve my temporal priorities. Thanks for your inquiry.


Regards,

Al Hodges




--------------------------------------------------------------------------------

From: Brian Waddell [mailto:[e-mail]]
Sent: Monday, October 11, 2010 8:18 AM
To: Al
Subject: Attorney General


Mr. Hodges:


As you know, there is an effort to contact every Attorney General's office in America and file a complaint against the Federal Government. The goal is to apply a massive amount of pressure against the SEC in hopes that it will hasten the release of funds. While many individuals state that this effort is independent of your Bivens Action and that your involvement in this matter is not necessary, I disagree.


In my a opinion, your involvement in this matter is crucial. I don't believe that an AG's office would even consider looking into this without talking to you first. There has been speculation on whether or not you would cooperate or even talk to a State Attorney General. So I respectfully ask this question of you: If an AG was to contact your office, would you take the call? Would you cooperate or ask for their assistance?

I am sure that if the shareholders knew you were behind our efforts, we would have a far greater response.

Thank You

Brian Waddell



For: David A. Markowitz, Esq.
Special Deputy Attorney General
for Investor Protection

Attorney General of the State of New York
120 Broadway, 23rd Floor
New York, NY 10001

Dear Ms. Brown:

Thank you for speaking with me earlier today and explaining that Mr. Markowitz was out for the rest of the day. We discussed briefly the nature of my request and you suggested that I forward the appropriate information to your attention via e-mail for Mr. Markowitz’s review on his return Monday, March 1, 2010. The information is as follows:

• I am a California trial attorney with some 40 years experience in State and Federal Court, as well as other jurisdictions.

• In January of this year I filed a Bivens Class Action against the five sitting SEC Commissions and five past SEC Commissioners seeking some 3.87 Trillion Dollars in damages for the taking of property by unconstitutionally withholding consent to distribute such sums as had previously been collected for the benefit of 50,000 + shareholders of CMKM Diamonds, Inc.; a conformed copy of the complaint is attached.

• The SEC Office of General Counsel has agreed to accept service on behalf of the sitting Commissioners; the other commissioners are currently being served.

• The weight of opinion is that this litigation will not be allowed to proceed into the discovery stages and/or to trial; there is mounting evidence that a distribution of funds to the shareholders is on the near horizon.

• I am advised that a portion of trust funds previously ear-marked for distribution to support the U.S. Domestic Settlement Fund Program currently in process were distributed to the United States Treasury facility in New York City on December 31, 2009 through and with the assistance of the New York Federal Reserve Bank in New York City.

• I am advised that these trust funds totaled 4.2 Trillion Dollars and were paid into the U.S. Treasury as and for taxes due to be paid from the trust(s) upon distribution of the trust assets.

• I am further advised that pursuant to Federal Banking Regulations, New York State Banking Regulations, and the Martin Act, inter alia, the transferred funds could be held without return for a maximum period of time under any circumstances for forty-five days or until midnight February 14, 2010.

• I am further advised that the U.S. Treasury has not remitted these funds, is still possessed of these funds and more importantly the trust(s) assets have not been distributed.

• The above circumstances, upon proof, demonstrate serious criminal violations of the statutes referred to above.

• I represent, at least as the Class Counsel, a number of New York residents who are beneficiaries of these trust(s) and are among the 50,000 + shareholders. I know many of these people on a personal basis in addition to being their counsel of record and can attest to their severe and continuing damage suffered and being suffered as a result of the non-distribution and non-receipt of the afore mentioned trust assets; some of them are also anxious to visit you in person and describe their continuing outrage.

Demand is hereby made that your office initiate, at the earliest possible time, an investigation into the criminal activities of those persons within your jurisdiction whom have contributed to and otherwise facilitated these criminal acts. I would be happy to discuss these facts with you at your early convenience. Please feel free to contact me directly at: [phone]. Thank you in advance for your prompt attention to this matter.

A. Clifton Hodges (CSBN 046803)
HODGES AND ASSOCIATES
4 East Holly Street, Suite 202
Pasadena, CA 91103-3900

Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]



Criminal violations Mr. Hodges alleges that prevent the conclusion of his Bivens case and prevent the distribution of cmkx shareholders monies held for them in trust:


1. Black mail of the current United States President by a former United States president: "US Vice President Biden was also provided a copy of the May 27, 2010 letter and acknowledged the veracity of President Obama taking direction from former President G.H.W. Bush; he indicated that President Obama’s citizenship status was being used as very effective leverage against the President, and also admitted that he was personally compromised."

2. From Al Hodges, he describes the various banking laws that are being broken to this minute, including high ranking officials from the U.S. Treasury: "I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. These various monies collected have been held far longer than they should have been, and were swept into the World Global Settlements, thereby delaying payment even further. Taxes were paid into the U.S. Treasury due on these “Settlements” on December 30th and 31st; distribution of these settlement funds could not legally be withheld past midnight of February 14th, 2010. The continued holding of these settlement funds results in the violation of more laws such as “banking fraud”, “trust fund violations”, and, in times of war, “International Financial Terrorism”, These charges are not at the discretion of the government to overlook in the name of withholding monies that are not its property, nor its right to hold"

3. From Al Hodges: where he alleges Mr. Obama is personally delaying the distribution of settlement monies going to CMKM Diamond shareholder, which given the fact the money is being held illegally Mr. Obama is himself committing a crime against CMKM Diamond shareholders: • A portion of the World Global Settlement funds have been collected and are presently held in the custody of the Bank of America in Richmond, VA.
• Said funds are sufficient to cover all disbursements to be made by the authority of the Paymaster who has now spent more than eight weeks over the past three months, in Richmond, for the purpose of concluding these transfers. • The Paymaster authority has, at the direction of the Pentagon, London, et. al., been present at the Bank in Richmond every day this week to complete the transfers. • This morning he was advised by “both sides” that each desired this matter to be concluded as soon as possible and that he should therefore remain available to enter the Bank and consummate the transfers. • As of 6:00 PM EDT, the Paymaster authority personally advised me that you personally, Mr. President, wanted and had directed that these funds be held throughout the coming Holiday weekend. • I have previously been advised that you had given specific written authorization of these transfers and confirmed the same verbally just this week. Mr. President, I sincerely hope that my information is incorrect; because, as I am certain that you are aware, your personal involvement in delaying this distribution is an ultra vires act which exposes you to personal liability for the sums involved and for accruing interest thereon. I would certainly not want to see you personally involved in the future denouement of this matter.

4. From Al Hodges: • My letter to President Obama was distributed to all parties dealing with the World Global Settlement funds, to both political parties in Washington, D.C., to the Democratic Caucus and its counsel, to the Black Caucus and its counsel, and to President Obama’s priest. The letter was also submitted to the British Royal Monarchal Power through your good offices; Mr. L.H. Bonney, Sr. has also verified that a copy of the letter was submitted to, and received by, Her Majesty, Queen Elizabeth II through MI-5 and MI-6. • Counsel for the Black Caucus immediately recognized that a criminal offense had been committed; he advised that he would directly inform the President by reading the letter to him on Air Force One today, as well as advise the President of his personal responsibility, over the four day weekend, for costs in the “Billions of USD”. Said counsel also stated that “if release *of the funds+ was not taken care of today – they [the Black Caucus] would wash their hands of him *President Obama+”. • Vice President Biden was also informed of the May 27, 2010 letter, provided a copy, and discussed the veracity of President Obama taking directions from former President G.H.W. Bush; he indicated that President Obama’s citizenship status was being used as very effective leverage against the President. • Vice President Biden also admitted that he was personally compromised, and therefore unqualified to succeed President Obama in the event that the President’s tenure is attacked. |• It now appears that it is only a matter of time before formal process is instituted to remove President Obama
from office; however the “Succession List” has now been severely compromised by the failure to complete distribution of the subject funds.

5. The head of the Cia is committing international crimes by blocking these settlements: • Mr. Bonney and his associates have returned to Richmond this date for the purpose, again, of concluding these transactions; they were then advised by the U.S. Senate Banking Committee Chairman and the U.S. Senate Finance Committee that such transfers could not proceed as they continue to be blocked by Mr. Leon Panetta, among others. • I have previously written to President Barack Obama and to Her Majesty, Queen Elizabeth II; copies of this correspondence are attached hereto for your information and review. • Any further delay in disbursement of these funds will engender considerable harm to many, and is without any legal basis. I hereby urge your assistance and request intervention by the several plane loads of INTERPOL agents who have been sworn to assist in ferreting out financial misdeeds, and bringing the miscreants to justice. I am persuaded by these facts, that the direct intervention of INTERPOL is absolutely required, from this time forward, to assist the Paymaster authority in fulfilling his instructions to finish these settlement payments, and to finally bring this matter to conclusion. Release of these Settlement funds, which has now been delayed for nearly six months, must be made forthwith.

[wolfbela]

CW,

For your reference, pretty much every AG's office I talked to WILL NOT do anything unless you are a resident and filing the complaint yourself. The states take a completely different look at these situations.

Please check it for yourself.. Not only that, in most cases, to pursue a securities case, most want a minimal group count to show an aggregate situation, meaning signed petitions or complaints., rather than one disgruntled shareholder. I don't believe Mr. Hodges included those in his request.. meaning signed by the NY residents he now "Represents", in a class action capacity, of course...

This is what you find out when you go step by step and learn these things, rather that pontificate on a bulletin board. Rather than waste your constant need to correct me, put your energy in a positive thought for Mike today, as he undergoes surgery..that's what I am doing..

I hope one day soon you are proven right about everything and we can all thank Mr. Hodges, but right now I can only go on reality, no speculation..

I would really love to continue this inane discussion, but I must go clean my house.. Good luck...

Jerry WB