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Post by georgie18 on Nov 9, 2010 14:40:17 GMT -5
We all know that if this thing makes a jury we win... With all the crap going on with the SEC.. Meroff, Enron and all the rest of the crap.. In to win... Here is a pretty good article on the SEC it's from March but there are some items mentioned that are similar to our case... -Negotiating what became known as the "global settlement" -Did Mary Schapiro know that the SEC was going to join the industry in court in an effort to undo the settlement? -What other settlements has the SEC tried to modify and why? -What enforcement actions, if any, did the SEC bring under the "global" settlement? -Why has the SEC not sought to obtain, and then make public, the e-mails from AIG that would shed light on the entire series of transactions that led to the debacle of AIG's failure? www.slate.com/id/2249403/Good Find Seeking..
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Post by makersmark on Nov 9, 2010 15:07:32 GMT -5
The SEC has the worst name in the public right now and cannot afford to get any more bad news to damage its name ..why doesn't AH drop the hammer on this and get it done with? I feel that he continues to dance aroudn the issues being nice.. Taking a diplomatic approach is always the best way to start. The question is, when is enough, enough? It would be nice to get paid before the HOLIDAYS!
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Post by John Winston Lennon O'Boogie on Nov 9, 2010 15:28:25 GMT -5
It would be nice if someone would explain why we keep going back-wards.. I like you Bob.. And I'm not beating on you.. Please don't explain this.. Al or Dennis are the only ones I will read anything on the subject.. All others know nothing.. Sorry JMHO.
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Post by 3bid on Nov 9, 2010 18:12:49 GMT -5
Short Version: The SEC (government) is trying to steal our money. The brokers paid their part and the SEC is doing all that they can to not pay that money to us the shareholders who were damaged by their actions. They think it is theirs and they are claiming ignorance as they always do, that an agreement was not in place. If Al has the goods, then there should be no question. Why? Because they are looking out for you! "Don't worry, we're from the government and we're here to help!" What they failed to mention is that they will also slow down the process and increase the bureaucracy at the same time and steal you blind, every chance they get. Thinking on what you say and about John Winston Lennon o'Boggie's thoughts below, it appears the SEC is stronger, smarter, and more corrupt than Maheu could have ever suspected. Given the present perspective on what's happening / not happening, some see an apparent weakness to Maheu's plan, and ponder what suddenly triggered Hodges, The Effort. ... What was he doing to get that Money to us..? He had no problem getting it to the trust... Why not right out to a new TA then to us.. Something is not right in Tu Tu land..' 'Again, why is a smart man like Al Hodges doing this for...? In the business for 40 years and then one day.. Hey. I think I'll try to get some of my CMKX money back.. That don't cut it..' -- John Winston Lennon o'Boggie I surmise that Maheu not being at all naive or just-too-old, did in fact go all the way to protect the shareholders. Planning an operation with sufficient foresight to trap another level of criminals within a corrupt system he knew couldn't be trusted. Part two is where Hodges -- The Effort, goes after the greedy miscreants infested within the regulatory body of the government itself. Mahue clearly delivered the SEC an exclusive opportunity to abuse us. The weakness is too obvious; the situation isn't balanced with the SEC enjoying so much power. He gave them plenty of rope; they violated the agreement and broke the law. I believe it is wrong to assume that Maheu would have been surprised or rushed into creating an alternate plan. Or, should have chosen more appropriate fund release options besides what seems to have created the complicated perpetual mess we face today, tomorrow, next week, ad infinitum.
'sole, final and absolute discretion to determine when moneys collected pursuant to the scheme set forth above would and could be released for distribution -- by operation of Federal Law'. and in accord with the law: 'must do so pursuant to their mandate under the law to protect the shareholders'.
Why would he do that, if not for a very good reason? IMO, Maheu's plan was sophisticated. There is no doubt in my mind that his goal was to acquire and move the funds into our hands, against all odds. Phase one was investigation and collection of monies. Once collected, the SEC signed on as the googly eyed delivery boy. IMO, Maheu was critically aware of the dangers involved at the distribution phase, and he played it to his advantage and ours. Hodges appeared on the scene to illuminate and to direct energy toward enforcement and closure. Most importantly, to firmly grip the hammer and make it happen quite visibly if absolutely necessary.
'Pursuant to the terms of the agreements entered into, all moneys were to have been released within one year of the time the company was originally de-listed, in October of 2005.'
'It has now been almost five years, and the Defendants, and each of them, have failed and refused to release these funds to the shareholders.'
These repeated actions of withholding distribution of said moneys, without compensation, and without due process of law, amount to a taking of the property of the individual Plaintiffs and all similarly situation.'
And, as such, we deserve further compensation for having been robbed again. Proper and complete closure would include the satisfaction of seeing the guilty convicted and sentenced, or as in phase one, made to cough up money in lieu of prosecution. I dream...
All in my opinion, of course.
-3bid
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Post by John Winston Lennon O'Boogie on Nov 9, 2010 18:23:39 GMT -5
Short Version: The SEC (government) is trying to steal our money. The brokers paid their part and the SEC is doing all that they can to not pay that money to us the shareholders who were damaged by their actions. They think it is theirs and they are claiming ignorance as they always do, that an agreement was not in place. If Al has the goods, then there should be no question. Why? Because they are looking out for you! "Don't worry, we're from the government and we're here to help!" What they failed to mention is that they will also slow down the process and increase the bureaucracy at the same time and steal you blind, every chance they get. Thinking on what you say and about John Winston Lennon o'Boggie's thoughts below, it appears the SEC is stronger, smarter, and more corrupt than Maheu could have ever suspected. Given the present perspective on what's happening / not happening, some see an apparent weakness to Maheu's plan, and ponder what suddenly triggered Hodges, The Effort. ... What was he doing to get that Money to us..? He had no problem getting it to the trust... Why not right out to a new TA then to us.. Something is not right in Tu Tu land..' 'Again, why is a smart man like Al Hodges doing this for...? In the business for 40 years and then one day.. Hey. I think I'll try to get some of my CMKX money back.. That don't cut it..' -- John Winston Lennon o'Boggie I surmise that Maheu not being at all naive or just-too-old, did in fact go all the way to protect the shareholders. Planning an operation with sufficient foresight to trap another level of criminals within a corrupt system he knew couldn't be trusted. Part two is where Hodges -- The Effort, goes after the greedy miscreants infested within the regulatory body of the government itself. Mahue clearly delivered the SEC an exclusive opportunity to abuse us. The weakness is too obvious; the situation isn't balanced with the SEC enjoying so much power. He gave them plenty of rope; they violated the agreement and broke the law. I believe it is wrong to assume that Maheu would have been surprised or rushed into creating an alternate plan. Or, should have chosen more appropriate fund release options besides what seems to have created the complicated perpetual mess we face today, tomorrow, next week, ad infinitum.
'sole, final and absolute discretion to determine when moneys collected pursuant to the scheme set forth above would and could be released for distribution -- by operation of Federal Law'. and in accord with the law: 'must do so pursuant to their mandate under the law to protect the shareholders'.
Why would he do that, if not for a very good reason? IMO, Maheu's plan was sophisticated. There is no doubt in my mind that his goal was to acquire and move the funds into our hands, against all odds. Phase one was investigation and collection of monies. Once collected, the SEC signed on as the googly eyed delivery boy. IMO, Maheu was critically aware of the dangers involved at the distribution phase, and he played it to his advantage and ours. Hodges appeared on the scene to illuminate and to direct energy toward enforcement and closure. Most importantly, to firmly grip the hammer and make it happen quite visibly if absolutely necessary.
'Pursuant to the terms of the agreements entered into, all moneys were to have been released within one year of the time the company was originally de-listed, in October of 2005.'
'It has now been almost five years, and the Defendants, and each of them, have failed and refused to release these funds to the shareholders.'
These repeated actions of withholding distribution of said moneys, without compensation, and without due process of law, amount to a taking of the property of the individual Plaintiffs and all similarly situation.'
And, as such, we deserve further compensation for having been robbed again. Proper and complete closure would include the satisfaction of seeing the the guilty convicted and sentenced, or as in phase one, made to cough up money in lieu of prosecution. I dream...
All in my opinion, of course.
-3bid The answer is... Al holds the hand.. At this time and place, it's the only thing we have going for us. No one can tell us anything less.. We as shareholders came this far. We have to believe Al has the upper hand.. No matter what any one else has to say.. We have to wait and see that hand.. He has to have it.. And if it takes a judge and a jury to make that hand come to life, well then let it be... YOU GO GET THEM AL.. No more Mr. Nice guy..
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Post by 3bid on Nov 9, 2010 18:46:01 GMT -5
-///- The answer is... Al holds the hand.. At this time and place, it's the only thing we have going for us. Ultimately, yes. But there is the active possibility of the card game being interrupted / ended by noise in the streets. Lots of hooting and hollering. The big game preempted by announced CLOSURE! Quite suddenly the legal scoreboard would go blank. No one can tell us anything less.. We as shareholders came this far. We have to believe Al has the upper hand.. No matter what any one else has to say.. We have to wait and see that hand.. He has to have it.. And if it takes a judge and a jury to make that hand come to life, well then let it be... YOU GO GET THEM AL.. No more Mr. Nice guy.. We have the inside and outside versions. Two possible concluding actions. The latter is quite abrupt and disconnected from the legal process itself, which is slow and indefinite. To chose either, is still a decision made by weighing opinions.
-3bid
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Post by jersey on Nov 9, 2010 18:47:14 GMT -5
Below are some of the summary excerpts from Al's latest response. The main difference I see is more detail and Al tying the actual defendants by name to what they did. Now the question is can Al prove it? Defendants Glassman, Atkins, and Campos, had an order placed on CMKM preventing any public disclosure of anticipated mergers or other development information. The sales of the majority (2.25 Trillion Phantom shares) were at all such times know to Defendants Cox, Glassman, Atkins, Campos and Nazareth. Defendants Glassman, Atkins, And Campose in concert with the DOJ, combine with Robert Maheu an others facilitated a “sting operation,” using CMKM Diamonds with knowledge or consent of its shareholders. Defendants Glassman, Atkins and Campos in conjunction with the DOJ and Homeland Security believe short sellers were utilizing their activities to illegally launder moneys, wrongfully export moneys, avoid payment of taxes, and to support foreign terrorist operations. Defendants encouraged the company to “pump the stock Consented to, facilitated and supported numerous other acts and deceptions consistent with effecting the “sting operation.” Defendants facilitated the “sting operation” with CMKM shareholders knowledge knowing in would drive CMKM out of business. Defendants authorized and consented to the sale of mineral claims to Chinese corporations, funds placed in a trust to be disbursed at liquidation. Once money was collected (Defendants named) assumed disbursement control of the funds. SEC had the right to determine when the release of the moneys to the shareholders would occur. Because it was required to fulfill the “sting operation” goals. Robert Maheu agreed that these Defendants should control the distribution time for the funds after they determined the “sting operation” goals had been fulfilled. Robert Maheu further agree that no CMKM liquidation assets would be distributed without the consent of the Defendant Commissioners. Said moneys collected for the benefit of shareholders have been placed in a trust, or are otherwise held in a trust, by the DTCC………pursuant to a Trust Agreement on behalf of the shareholders. By operation of Federal Law, the then acting Chairpersons and Commissioners of the SEC (name Defendants herein) held and hold the sole, final and absolute discretion to determine when moneys collected pursuant to the scheme set forth above would and could be released for distribution, and must do so pursuant to their mandate under the law to protect the shareholders. Pursuant to the terms of the agreements entered into, all moneys were to have been released within one year of the time the company was originally de-listed, in October of 2005. It has now been almost five years, and the Defendants, and each of them, have failed and refused to release these funds to the shareholders. These repeated actions of withholding distribution of said moneys, without compensation, and without due process of law, amount to a taking of the property of the individual Plaintiffs and all similarly situation. Davesaint Remember this from PR MARCH 24, 2005? "We only want to comply with federal regulations and do what is right for our stockholders. If the Commission deems it in our stockholders best interest to forbid us from providing information through filings with the Commission, we will comply," stated Urban Casavant, president of CMKX . Replying to the Commission's administrative proceeding is a high priority for CMKX's management, which plans to take the following actions. www.sec.gov/Archives/edgar/data/1092299/000107704805000211/ex99.htm
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Post by John Winston Lennon O'Boogie on Nov 9, 2010 19:26:45 GMT -5
I stand by this...... This is the only way we will see our money, if Mr. Hodges don't have it already...The answer is... Al holds the hand.. At this time and place, it's the only thing we have going for us. No one can tell us anything less.. We as shareholders came this far. We have to believe Al has the upper hand.. No matter what any one else has to say.. We have to wait and see that hand.. He has to have it.. And if it takes a judge and a jury to make that hand come to life, well then let it be... YOU GO GET THEM AL.. No more Mr. Nice guy.. Added little note here... No blanks in the gun.. Means he is going in double barrels, loaded. No more BS on the boards and we will all wait for the outcome.. The world is not going to stop because we get paid. If it's ours, then show the hand... No more BS on the boards. Money is money we won't destroy the world if we get paid... Stop screwing with us shareholders.. You all know who you are. I don't have to name, names.
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Post by Deleted on Nov 9, 2010 20:29:21 GMT -5
I stand by this...... This is the only way we will see our money, if Mr. Hodges don't have it already...The answer is... Al holds the hand.. At this time and place, it's the only thing we have going for us. No one can tell us anything less.. We as shareholders came this far. We have to believe Al has the upper hand.. No matter what any one else has to say.. We have to wait and see that hand.. He has to have it.. And if it takes a judge and a jury to make that hand come to life, well then let it be... YOU GO GET THEM AL.. No more Mr. Nice guy.. Added little note here... No blanks in the gun.. Means he is going in double barrels, loaded. No more BS on the boards and we will all wait for the outcome.. The world is not going to stop because we get paid. If it's ours, then show the hand... No more BS on the boards. Money is money we won't destroy the world if we get paid... Stop screwing with us shareholders.. You all know who you are. I don't have to name, names. WOW! Take a chill pill! We are with ya here! Don't go through the roof. We need ya alive to enjoy the payout! Go find that bottle of scotch and sit your arse down in front of the tube and chill. We will prevail. If you don't read the boards, you wont get fooled again. D4E
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Post by John Winston Lennon O'Boogie on Nov 9, 2010 21:05:36 GMT -5
I stand by this...... This is the only way we will see our money, if Mr. Hodges don't have it already...The answer is... Al holds the hand.. At this time and place, it's the only thing we have going for us. No one can tell us anything less.. We as shareholders came this far. We have to believe Al has the upper hand.. No matter what any one else has to say.. We have to wait and see that hand.. He has to have it.. And if it takes a judge and a jury to make that hand come to life, well then let it be... YOU GO GET THEM AL.. No more Mr. Nice guy.. Added little note here... No blanks in the gun.. Means he is going in double barrels, loaded. No more BS on the boards and we will all wait for the outcome.. The world is not going to stop because we get paid. If it's ours, then show the hand... No more BS on the boards. Money is money we won't destroy the world if we get paid... Stop screwing with us shareholders.. You all know who you are. I don't have to name, names. WOW! Take a chill pill! We are with ya here! Don't go through the roof. We need ya alive to enjoy the payout! Go find that bottle of scotch and sit your arse down in front of the tube and chill. We will prevail. If you don't read the boards, you wont get fooled again. D4E I like reading the boards.. I don't like the boards trying to read me.. I'm down..
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