By: newtopennies
08 Feb 2010, 11:18 AM EST
Rating: Msg. 909908 of 909964
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I HATE THIS POST, but, it is very well thought out and therefore deserves consideration, in my opinion.
Post from " TheListener"
« Thread Started Today at 1:40pm »
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everyone will recall this saga started out when John Martin with the help of Kevin West and Bill Frizzell started the owner's group. The goal was to prove that there were naked short shares in the market.
They took $25 from multiple shareholders to give them comfort in knowing that they would be represented by an attorney who would look out for their best interests. Many of you joined the owner's group and paid money to support this effort.
The owner's group asked you to fax in your brokerage statements showing how many shares of CMKX you owned. The owner's group went so far as to become a party during the SEC's action to revoke the company. As you may recall they even had meetings with members of the SEC to discuss the evidence they had compliments of the shareholders who faxed in their brokerage statements. During this time they even said that Bill Frizzell had hired people on the ground to verify that the company had substantial assets.
I for one did not join the owner's group nor did the shareholders in my circle. I felt that instead of shareholder's joining an owner's group, the best way to prove a naked short and protect your legal interests was to take delivery of your stock certificate. It's far more effective if everyone orders their stock certificate and we find out there isn't enough to go around. This is where my concerns begin.
I interacted with Kevin West especially during the revocation hearings, I was amazed when Leslie Hakula questioned Helen Bagley with regard to how many shares were outstanding in CMKX and she answered over 2 trillion. Obviously if there were over 2 trillion shares and only 800 billion outstanding, we have a naked short on our hands.
At the time it was stated that there were over 200 billion shares in certificate form. This alarmed me and I told every shareholder I knew in the stock to pull their certificates immediately. They looked at me strange and said why would we pull certs on a pennystock? My answer was simple, if there is a naked short at some point the DTC is going to need our shares to settle the short. If we trade in the open market we will have the largest short squeeze of a lifetime and we could always sell our shares on a will deliver basis if that happens.
But my other concern was that the company might go private, allow revocation, and only recognize shareholders with certificates. If the SEC doesn't do their job it isn't their problem, they know who their shareholders are because all the shares would be certed up to the 800 billion shares and the rest would not be recognized or not be allowed to move forward with the company. Therefore it was imperative to pull your certs before they are all gone or you run the risk that you are not recognized, why take the chance.
I called Kevin the next day when I read the transcript and expressed my concern. I told him that I was pulling every share I could get my hands on before they were all gone. He chuckled and told me that everyone in the office at the law firm were doing the same after he read what I referred too.
I asked him if he was going to advise the Owner's group to do the same because it would beyond a doubt prove a naked short. He told me that the SEC had warned them against doing that otherwise they would charge them with market manipulation. This is where my problem begins. How is it that you take money from shareholders and give them a false sense of legal protection, in turn they don't order their certs when they really should be. Meanwhile John Martin's group is probably pulling all their shares and taking control of the company while the shareholders falsely think they are protected.
What happens next is that the company is revoked. They announce a deal with Entourage and creates a Task Force. Kevin West and Bill Frizzell become members of that Task Force. Urban conveniently steps down and Kevin West is put in place. A board of directors is created. How is it that members of John Martin's group take control of the company unless he must proved to the SEC that he had controlling interest in the company.
Conveniently the company since they are private and no longer trade through the brokerage houses require everyone to take delivery of their stock certificates. They know d**n well that there isn't enough shares to go around because they already took delivery of all the certs. Conveniently you are told that if you cannot obtain a stock certificate you should email the Taskforce. Why, because this way you can point the finger at the brokerage firm that is short and people who have all the real shares in certificate form can go to them and see if they need to buy some shares.
The SEC has a major mess on their hands, the DTC has a major mess on their hands, the electronic shareholders requesting certificates create this mess and the only people that can resolve all their problems are the one's with the real certificates who are willing to sell them privately to the DTC to settle the naked short.
Conveniently you failed to order to your certs in the beginning while an investment group was ordering all of them. Conveniently you sat idly by feeling your interests were protected while they were protecting their interests. Conveniently you gave them the your brokerage statements so they could go to the SEC and prove their case. Conveniently they took control of the company, allowed it to be revoked, did a deal with Entourage, required you to get stock cert knowing d**n well it would be a problem.
Thus you fine shareholders helped create a situation in which this investment group could be paid by selling the "real shares" to the DTC so that the "counterfeit" electronic shareholders could get a certificate. The value of this company was highly likely mainly in the naked short.
Now we have Kevin West in charge of the company to make you believe that the company doesn't really have any assets. $500 in a checking account? His job is to sell this to you poor shareholders who were sold a bill of goods. They went so far as hiring Mark Faulk to write a book, I recall it was the Owner's group who paid him to do the book.
In the end they blame Urban Casavant and D Roger Glenn for issuing unregistered shares. From what it appears, they did, but probably when they realized they lost control of the company and did it in a panic. The blame goes on the former officers of the company and the issue of the naked short is never addressed by the Tyler group. Conveniently you are led to believe that the naked short shares were really just unregistered shares that were issued by the former insiders. The brokerage firms who are represented by the DTC so long as they were able to buy enough shares to cover their short and give you a certificate are no longer on the hook. Would the SEC allow this? Probably to cover their negligence and make the problem go away.
I always asked Kevin why he would take this position if he is not even getting a paycheck? If the company has no assets and we are lucky to just get our money back, why not bankrupt it and let us take our tax loss each year to recoup our investment.
Well, it appears that Tyler has not recouped much of anything in terms of assets, but they bought enough time to force probably a behind the scenes settlement in which a certain investment group was able to provide their shares to cover the short. Sad part is that we will never be able to prove it and they know it.
Unfortunately though, they ran into a smart and tough group of shareholders that don't know how to take what they are being fed. For years they have had guru's go out there and speak of huge payouts, while Kevin would go out there and shoot them down. Everytime the guru's price and time frame would come and go with nothing, and Kevin would be proven correct. Slowly but surely some of the shareholder base would get worn out and start believing Tyler.
However certain die-hard shareholders just won't give it a rest, they still believe their is a huge pot at the end of the rainbow. The problem is, there probably was, it's just that it went to them and not you. So the only way to do this is to play good cop, bad cop.
The good cop will be played by Al and bad cop will be played by Tyler, Kevin and Bill. The good cop tells you everything you want to hear and plays into your ultimate dreams of great wealth. Remember the good cop use to do work for the company. Surprisingly the bad cop doesn't say anything when normally they are the first ones to address rumors. The good cop has credibility because he is willing to file a Federal lawsuit, remind you, to subpoena the very people at the SEC who covered this up. This time they are using shareholders as plaintiffs that everyone can relate too.
The problem I have with this is that the lawsuit is for such a ridiculous amount of money that no credible financial journalist is going to touch it. Like a reporter from Bloomberg or the Wall Street journal is going to entertain a $3.7 trillion dollar lawsuit for a penny stock that has $500 in their checking account, and former insiders who issued unregistered shares of stock, a world reports website backing it, they would lose any respect and integrity people have for them as a financial reporter.
Bottomline, they wouldn't touch it with 10 foot stick because it stinks too much and is rather humorous in their eyes. The good cop knows that from the start, he has to play the role, but he doesn't want too much attention, if you make the suit reasonable you might get coverage, but if you make it ridiculous you will get none.
The good cop leads you down the path, using the plaintiffs who are shareholders you trusted, whether the plaintiffs know they are being used is still a question mark. I've never seen a case where the attorney doesn't have a problem with plaintiffs stirring up the shareholder's hopes and then dashing them every week with no communication.
Don't you find it odd that the good cop never directly tells you anything and uses plaintiffs to communicate on message boards and give updates. Your told when things don't happen that you shouldn't have listened to them, like it's your fault. At the same time the bad cop is quiet and is allowing this to happen when he never tolerated it before.
In the end the case will get thrown out because they don't have the facts to support the case, conveniently they never give us the amount of money in the trust, the name of the trust, the trustee, etc but they are going after it. We can't even get the names of the 3 Chinese companies they did the deal with. Why would that be such a secret if it is true? The plaintiffs are made to look like a circus act. Sunday one plaintiff says a penny a share, Al will update Monday, Monday another plaintiff says no update today, Al will update on Tuesday, Tuesday another plaintiff says no update we have to wait for Al to get confirmation.
IMO the bottom line is that we are all being led down this path for the ultimate disappointment. Most of us if this doesn't pan out would feel that we had a good run for our money since Al filed a Federal lawsuit and if their was money in a trust we would have gotten it. Basically it would be the final nail in the coffin and make most of us go away and with a lot of egg on our faces with the world reports reporting and the ridiculous lawsuit being thrown out of court. Kevin could then come back and say unfortunately I told you so, no one believed me, now I am the only chance you have left and you will take it because you have no choice. It just plains sucks, we've been used, we've been taken advantage of by the people we trusted who had their own agendas and interests at heart. If they did what I believe they did, they could have at least shared some of the wealth with all of you good, hard working people especially because without you they couldn't have made it work. It's not right and no one seems to give a d**n because they are too busy covering their own tracks.
They want us to believe that we are 40,000+ foolish shareholders and are trying to make us look so foolish that we will go away. We all know in our hearts and minds that we put our hard earned money in this investment because we understood their was an injustice in the marketplace taking place.
We believed in our leaders, our government, our systems, our regulations and our laws. It's too bad the people who are supposed to carry out and enforce these laws don't do their jobs, they are corrupt and this country will go to hell because of it.
Thank you for listening, God Bless you all, you all deserve better.
Sincerely,
TheListener
« Last Edit: Feb 6, 2010, 3:35pm by ines » Link to Post - Back to Top Logged
Higly Recomended Book: "Confessions of an Economic Hit Man"
by John Perkins
www.JohnPerkins.org New book: "Hoodwinked"
Also: "The secret history of an american empire"
hundredtoone
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« Reply #19 on Feb 6, 2010, 3:39pm »
Perfect...we get the FUND and THEN Tyler goes BELLY UP and drops any suit against the INSIDERS...then a NEW COMPANY EMERGES...and has a whole lot of good CLAIMS in it...we get RRs and get in if we want to...sounds like a good plan the LISTENER is talking about...Flying Moose(cmkxunofficial)
twolilfish
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« Reply #20 Yesterday at 2:20am »
Yesterday at 1:49am, supercim1 wrote:varnson: Are you a shareholder ?
IMO, a shareholder downplaying his/her investment is an idiot. Again varnson's shareholder status is put to question when he has time and time again said he pulled his certs before ever instructed.
As far as downplaying anything you feel it necessary to resort to name calling.
Very astute. So, so very astute. Ad hominem attacks are great aren't they?