By: gusjarvis
10 Aug 2011, 09:18 PM EDT
ENTERED TO THE LOS ANGELES DOJ AND LAS VEGAS DOJ/FBI
Staub@usdoj.gov, john.nordin@usdoj.gov, Lasvegas@ic.fbi.gov, debra.waite@usdoj.gov
I am Richard Wilkinson, a bona fide shareholder of CMKM Diamonds Inc. I am on the victim notification list presented to the DOJ and FBI by Mark Faulk, ceo of CMKM Diamonds Inc, along with thousands of other victims in this case. We are all being further victimized by the very authorities who are suppose to protect us as the DOJ is not releasing the funds placed in a frozen trust account for all bona fide shareholders of CMKM Diamonds as required by law.
Al Hodges has said under oath that there are talks taking place right now to possibly release the restitution illegally held from all victims in this case. I want to know who represents me and the other victims in this case who are not listed as plaintiffs in Al Hodges bivens case. I would like to know why our own company is being excluded from these talks. I would like to know why the victim’s rights officials from the DOJ are not representing the victims in this case, as almost all the victims rights listed on their website have been repeatedly violated by the DOJ, SEC, and FBI. Why do shareholders have to retain a lawyer to try and force the release of these funds when that is the legal duty of the DOJ?
I ask for an immediate investigation into the crimes alleged by Al Hodges which are preventing the conclusion of his bivens case. In a bizarre conflict of interest, the DOJ is the defending attorneys in this case, and refuse to investigate these allegations. The DOJ and FBI have been made fully aware of the allegations made by Al Hodges that President Obama himself is committing extortion and other crimes which is preventing the release of the victim’s restitution in this case, but those crimes continue to this day and are covered up by the DOJ and FBI.
Our restitution has been included in the World Global Settlements per Al Hodges, who as direct knowledge of such. That in itself is a violation of our victim’s rights, as it has prevented the timely release of our restitution as required by law. It is the duty of the DOJ to investigate this.
Here is evidence of the systematic violation of the rights of all victims in this case by the DOJ. I ask for immediate representation in this case and that our company be informed immediately of these negotiations that are ongoing to release the restitution held for its bona fide shareholders:
CIRCA FEB 2009: Ceo of CMKM Diamonds Inc presents the FBI with an official list of victims in the CMKX case, victims it later turns out to be were also unwitting victims in a government sting operation that they are stuck in at this moment:
CMKM DIAMONDS, INC.
615 S. Broadway
Tyler, Texas 75701
www.cmkmdiamondsinc.com TO: FBI FIELD OFFICE – LAS VEGAS, NV
1787 W. LAKE MEAD BLVD.
LAS VEGAS, NV 89106
ATTN: CHIEF: CMKM TASK FORCE
FROM: MARK FAULK, CEO
February 7, 2009
We are aware of a multi-year investigation by a joint task force of the FBI, DOJ, and IRS
into fraud committed against CMKM Diamonds, Inc. and its shareholders.
We understand that the Victim Notification System (VNS) was established as part of the
FBI’s commitment to ensure that victims of federal crime are treated fairly as their case
moves through the criminal justice system.
We also understand that once identified as victims, we have the following rights (among
others) as specified in the “Help for Victims of Crime” brochure as published by the
Department of Justice:
The right to confer with the attorney for the Government in the case;
The right to full and timely restitution as provided in law;
The right to proceedings free from unreasonable delay.
I direct your attention to the enclosed CD, labeled "CMKM Shareholders' List 4-09-08".
Please read the cover letter carefully, and please expedite adding the entire shareholder list
to your “victims list” for CMKX.
If there is any reason why the above request CANNOT be completed, or if you have
questions regarding the list, please call me at your earliest opportunity to discuss. CMKM
Diamonds, Inc. has 50,000 shareholders who have been waiting for 4 years for justice. We
believe that this issue should be resolved immediately.
Thank you.
Sincerely yours,
Mark Faulk, CEO
CMKM Diamonds, Inc.
615 S. Broadway
Tyler, TX 75701
Ph: (903) 262-8397
CIRCA JAN 2010: Al Hodges says in his bivens case that government employees have repeatedly said release of this restitution was imminent from 2009 and earlier:
37. "Demand for release of said moneys has been repeatedly presented to the Securities and Exchange Commission without result. Agents and employees of the Securities and Exchange Commission and the Department of Justice have represented repeatedly that the release of moneys for distribution was imminent, and/or would occur within several weeks, and/or would occur within less than a month. Each of said representations have been made knowing them
to be false, and at the specific direction of the named Defendants. These 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 of all similarly situated."
PRESENT: Al Hodges says there is a pending imminent settlement in his case, which asks for the release of all shareholders money set aside in a trust fund by the DoJ as a result of a sting operation they ran using CMKM Diamonds Inc and all its shareholders as pawns. From Al Hodges latest court filing:
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 BETWEEN AL HODGES FILING HIS BIVENS CASE AND HIS LATEST COURT FILING MR. HODGES HAS UPDATED ALL SHAREHOLDERS OF CMKX VIA THE INTERNET (NOT JUST HIS PLAINTIFFS) THAT THERE WAS AN IMMINENT SETTLEMENT IN HIS CASE APPROXIMATELY THIRTY DIFFERENT TIMES. THE DOJ IS FULLY AWARE OF THOSE UPDATES. ALSO MR. HODGES HAS FILED A COMPLAINT WITH THE ATTORNEY GENERAL OF NEW YORK IN EARLY 2010, ANDREW CUOMO, WHICH ALLEGED SERIOUS CRIMES WERE OCCURING THAT WERE PREVENTING THE RELEASE OF THE CMKX FUNDS. THESE ALLEGATIONS CONTINUED RIGHT UP UNTIL JUNE 17TH 2011, WHERE MR. HODGES ALLEGED THAT PRESIDENT OBAMA WAS COMMITTING EXTORTION WHICH WAS PREVENTING THE RELEASE OF CMKX FUNDS TO THE VICTIMS IN THIS CASE. THE COMPLAINT SENT TO ATTORNEY GENERAL ANDREW CUOMO AND JUNE 17TH 2011 AL HODGES LETTER ALLEGING EXTORTION IS TAKEN PLACE ARE HERE:
cmkxunofficial.proboards.com/index.cgi?board=mofo&action=display&thread=4700 www.scribd.com/doc/58123701/Al-Hodges-6-17-2011 Questions for the DOJ Victims' Rights Officials in Las Vegas and Los Angeles:
1. Given I am a shareholder on the Victims list entered to the FBI and DOJ, and there has been ongoing negotiations to release the funds set aside for all victims from a government sting operation, who has represented me and all other victims not listed in the Al Hodges bivens case but on that Victim Notification List entered to the DOJ.
2. Who are the government employees from the SEC and DOJ that have negotiated to release my restitution and who have they made promises to in regards to releasing my restitution, then not followed through with those promises.
3. Given this restitution is for all bona fide shareholders of CMKM Diamonds Inc, why is the company excluded from all negotiations taking place that affect their company and all its shareholders.
4. Why are the DOJ and SEC not protecting the victims in this case when it is their duty to ensure that the restitution held for the victims in this case is released as required by law.
5. Why did the DOJ/FBI not investigate the allegations made in early 2010 by Al Hodges that serious crimes were occurring preventing the release of the restitution held for all bona fide shareholders of CMKM Diamonds Inc.? Is the DOJ/FBI currently investigating the public allegations made by Mr. Hodges that President Obama is committing extortion which prevented the release of the funds set aside for all victims in this case.
Thank you,
Richard Wilkinson
ragingbull.quote.com/mboard/boards.cgi?board=CMKI&read=1031685