By: gusjarvis 05 Aug 2011, 10:44 AM EDT
Msg. 1030688 of 1030847
COALITION UPDATE: Victims Rights Complaint form from Los Angeles DOJ
www.justice.gov/usao/cac/HowCanWeHelp/vw/ComplaintForm.pdf Attorney General’s Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Keith. Staub@usdoj.gov
Name: Nordin, John E
Address: 300 North Los Angeles Street, Room 7561, Los Angeles, CA 90012
County: Los Angeles
Phone: 213-894-3552
FAX: 213-894-7819
E-Mail Address john.nordin@usdoj.gov
__________________________________________________
FBI Las Vegas
John Lawrence Bailey Memorial Building
1787 West Lake Mead Boulevard
Las Vegas, NV 89106-2135
Phone: (702) 385-1281
Fax: (702) 584-5460
Assistant Special Agent in Charge William Woerner
Lasvegas@ic.fbi.gov
_____________________________________________________
U.S. Attorney’s Office
333 Las Vegas Boulevard South
Suite 5000
Las Vegas, NV 89101
Tel: (702) 388-6336
(800) 539-8002
debra.waite@usdoj.gov
_____________________________________________________
August 5, 2011
To: Assistant Special Agent in Charge William Woerner
From: David Nelson of CMKX Shareholders Coalition of Justice
Please accept this amendment to my previous complaint.
cmkx.info/COALITION%20COMPLAINT%20AGAINST%20THE%20FBI,%20SEC,%20DOJ.pdf
Since I mailed my complaint to your Las Vegas office, an additional one thousand complaints have been submitted by bona fide victims in this case, whose restitution is illegally being withheld. Over one thousand victims wrote to their attorney general to ask for an investigation into CMKX and there has been no real truthful investigation to date. Despite overwhelming evidence against the DOJ, the SEC and the FBI of multiple jurisdictional breaches of trust, NO TRUTHFUL INVESTIGATION HAS BEEN CONDUCTED. I am sure by now that you understand that there are thousands of angry victims in this case currently being victimized by the very authorities who were supposed to protect them. This alone is warrant for an investigation and the thousands of victims expect you will do just that.
Recently, I filed a complaint with the Nevada DOJ Victims Rights Office, but Ms. Waite refused to investigate the submitted evidence; instead, she diverted me to your office. It implore you to update the Victims Rights Website to accurately reflect the current events in this case, which include pending imminent settlement talks in Al Hodges' bivens case per his affidavit submitted in his case. The evidence below corroborates what I have delivered to Ms. Waite. This was either a sting operation run by the DOJ and the SEC with the facts in this case being covered up by ALL of the authorities involved OR Mr. Hodges has committed perjury and therefore must be brought to justice before the California Bar Association supported by a thorough FBI investigation.
Attorney Al Hodges recently filed a thirty day extension in his appeal where he states there is a pending imminent settlement in his case which will see the Court grant the requested financial restitution. The aforementioned relief includes monies collected from a sting operation run by the DOJ; money being illegally withheld from the victims in this case, not just from the plaintiffs in Mr. Hodges bivens case. This filing represents money set aside in a frozen trust for all bona fide CMKX shareholders, and all victims are entitle to their portion of the aforementioned frozen trust. All victims, whether they are involved in the Hodges case or not, deserve to have an update of the pending imminent settlement talks currently being held, and legally should be included in those talks.
Here are some excerpts from the transcripts of Mr. Hodges filing, which should be on the Victims Rights Website so that all victims in this case can be updated as to what is currently affecting every single bona fide shareholder of CMKM Diamonds Inc.
My question to the DOJ and the SEC is this: Why should 40,000 shareholders need to obtain a lawyer when YOU should have been defending us in the first place?
This is an appeal from an Order of the United States District Court, Central
District of California, Southern Division (Selna, J.), granting
Defendants’ FRCP 12(b) Motion to Dismiss (Minute Order dated June 6, 2010)
and dismissing Plaintiffs First Amended Complaint with prejudice, by Order
of Dismissal dated December 29, 2010.
The present Bivens action arises out of the sale of stock from CMKM
Diamonds, Inc. (“CMKM”), to Plaintiffs, the corporation’s subsequent
implementation of its resolution to self-liquidate, and the involvement of
the Securities and Exchange Commission (“SEC”) in that process. Plaintiffs
brought this action against a number of former and present SEC Chairpersons
and Commissioners, who refuse to authorize release of the compensation funds
under their custody and/or control, which monies result and accrue directly
from a clandestine government “sting” operation.
In the present appeal, Appellants contend, that: (i) the shareholders of the
winding-up CMKM corporation have a constitutionally protected property
interest; and (ii) a meritorious and compensable claim for relief was
properly plead and stated by Plaintiffs in their Complaint.
Plaintiffs have asserted claims for declaratory judgment and deprivation of
their Fifth Amendment Rights under the Takings Clause and the Due Process
Clause of the U.S. Constitution.
In this current motion before the Court, Appellants now request an
additional time extension of thirty (30) days to file its opening brief, for
a number of important, material and relevant reasons, including, without
limitation:
(i) Appellants’ substantial need;
(ii) The likely event that the instant appeal will soon become moot;
(iii) The judicial economy and administrative convenience of the
Court,
(iv) To avoid the considerable, continuing expense and hardship to
both Appellants and Appellees in continuing to prosecute and defend this
appeal pending the expected, imminent resolution of the underlying claims,
thereby rendering this appeal moot; and
(v) The prior joinder in this Motion by the Appellees/Government
by stipulation and consent hereto.
In support of the above, Appellants attach to this Motion the Affidavit of
counsel, A. Clifton Hodges, Esq., incorporated herein and made a part
hereof.
AFFIDAVIT OF A. CLIFTON HODGES IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO
FILE OPENING BRIEF
On Appeal from the United States District Court For the Central District of
California
The Honorable James V. Selna
A. Clifton Hodges, State Bar #046803
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797
Facsimile: (626)564-9111
Email: al@hodgesandassociates.com
(i) Appellants have good cause and substantial need for this thirty (30) day
extension of time, since within just the past hours, I have learned that
there is a substantial and serious likelihood that sustained and
comprehensive official efforts to settle and conclude this matter are now
underway, and the substantive elements thereof would provide to
Appellants-Plaintiffs the compensation and relief requested in their
Complaint.
Given the very recent and unanticipated appearance of this
information, it would be impossible for Appellants to have exercised a more
timely due diligence by moving this Court for an extension of time seven (7)
days before July 25, 2011
(ii) Accordingly, the information described above, gathered by or
through me, or presented to me by persons within the scope of protected,
professional privilege, and work product confidentiality, my resulting
conclusions, taken to their logical and legal conclusion, strongly indicate
and make it much more likely than not, that the instant appeal will soon become
moot.
(iv) Appellants’ motion would likewise serve to lessen the
unnecessary, yet considerable expense and hardship attendant to all parties
if required to continue this appeal even though there is now pending an
expected, imminent settlement of this case
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 21st day of July, 2011, at Pasadena, California,
/s/ A. Clifton Hodges A. Clifton Hodges
In conclusion, there is clearly a need for all bona fide shareholders to be represented in the current talks to release the restitution to the victims in this case. The authorities must take immediate actions to stop the crimes currently being committed against all victims in this case, including releasing the restitution being illegally withheld from all bona fide shareholders of CMKX. We ask that you include each name on this list entered to the the FBI from CMKM Diamonds Inc as it is a bona fide shareholders list and represents all of the victims in this case. Given that there is imminent pending settlement talks, each person on that list entered to the FBI need to be represented along with the plaintiffs in Mr. Hodges bivens action, as they are all entitle to compensation in this matter. We ask that you immediately inform officials and lawyers from CMKM Diamonds Inc. that there is pending imminent settlement talks in this case that directly affects the company and all of its bona fide shareholders. We demand that we be included in the negotiation of said settlement. It also makes all of the company's current civil actions unnecessary. This begs the question: why is CMKM Diamonds Inc NOT involved in the settlement negotiations? Why would the Company itself not be made aware of settlement negotiations when these negotiations directly affected EVERY SINGLE SHAREHOLDER of CMKM Diamonds Inc?
It is clearly the legal duty of the Victims Rights Specialists of the DOJ to represent all victims in this case. Here is a list of victims on the Victim Notification list sent to the FBI from CMKM Diamonds Inc.
www.cmkmdiamondsinc.com/documents/victims_letter_to_fbi.pdf. This list was derived from the largest cert pull in history and proved which brokers naked shorted CMKX stock. We know that these brokers paid into a trust fund to avoid prison time. It is time to release the restitution as required by law. Our restitution is five years overdue, the criminals have escaped justice and the authorities empowered to defend our rights have been grossly negligent while allowing this crime to occur and continue.
Thank you for your time and consideration.
Sincerely,
David Nelson
CMKX Shareholder