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Post by hafizesh on Aug 2, 2010 23:36:01 GMT -5
Thanks Manny, and just ignore these comments.. you did great today and it is grealy appreciated..
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Post by lewis12 on Aug 3, 2010 0:29:07 GMT -5
manny,
just wondering what kind of set up it was? # of people there? I'm trying to get a visual while listening to the mp3.
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Post by Deleted on Aug 3, 2010 0:43:13 GMT -5
Manny,
Wow! Thanks for taking the time to attend the hearing and relay the information.
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Post by thematrix on Aug 3, 2010 4:54:37 GMT -5
Manny, good job with this.
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Post by thankful on Aug 3, 2010 5:32:22 GMT -5
If Al comes back with the suite aimed at them individually where do we go from there? if they are considered corporate the judge said they will plead imunity......then where do we go and is there a true fund with money? it would seem that if these stock firms paid to keep their names out...then they would want a gag order and release the funds before they are really exposed...what to you think Manny or others?
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Post by portrush on Aug 3, 2010 10:45:34 GMT -5
Compliments of Lumiere on Millionaires board
Re: Update from the MTD case today « Reply #104 Today at 8:21am » Several things struck me about the hearing. Al was convincing. The government lawyer didn’t know anything about the underlying facts of CMKX. The judge is playing it straight.
First, the procedure. This hearing went beyond the typical hearing on a motion to dismiss in that Al was permitted to make reference to matters not contained in the complaint. The judge was clearly interested. The US attorney said he was hearing things for the first time. I believe that the US attorney’s main concern is the immunity issue, protecting current and former high level officials from being sued. He tried to return the judge’s attention to the complaint itself.
The judge properly ruled the defendants are immune from suit for actions taken in the proper conduct of their official duties. Al must allege actions by the defendants outside of their scope of duties that harmed the plaintiffs. He has 45 days to amend the complaint. After the amendment is filed, defendants have up to 30 days to respond. That totals 75 days.
I personally came away from the recording quite reassured that there exists a trust for CMKX shareholders. According to Al it is held by the DTCC. The judge’s question as to why Al didn’t sue the DTCC was interesting and was not convincingly answered. Al said that he didn’t because the SEC had the right to control the release of the money.
I found it interesting that Al revealed that the money from the NSS, at least in part, went to funding terrorists in the Middle East along with hedge funds. Also interesting is the statement he has a witness who attended the meeting where there was an agreement to fund the trust.
All in all the hearing was reassuring.
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Post by joe on Aug 3, 2010 11:00:45 GMT -5
Compliments of Lumiere on Millionaires boardRe: Update from the MTD case today « Reply #104 Today at 8:21am » Several things struck me about the hearing. Al was convincing. The government lawyer didn’t know anything about the underlying facts of CMKX. The judge is playing it straight. First, the procedure. This hearing went beyond the typical hearing on a motion to dismiss in that Al was permitted to make reference to matters not contained in the complaint. The judge was clearly interested. The US attorney said he was hearing things for the first time. I believe that the US attorney’s main concern is the immunity issue, protecting current and former high level officials from being sued. He tried to return the judge’s attention to the complaint itself. The judge properly ruled the defendants are immune from suit for actions taken in the proper conduct of their official duties. Al must allege actions by the defendants outside of their scope of duties that harmed the plaintiffs. He has 45 days to amend the complaint. After the amendment is filed, defendants have up to 30 days to respond. That totals 75 days. I personally came away from the recording quite reassured that there exists a trust for CMKX shareholders. According to Al it is held by the DTCC. The judge’s question as to why Al didn’t sue the DTCC was interesting and was not convincingly answered. Al said that he didn’t because the SEC had the right to control the release of the money. I found it interesting that Al revealed that the money from the NSS, at least in part, went to funding terrorists in the Middle East along with hedge funds. Also interesting is the statement he has a witness who attended the meeting where there was an agreement to fund the trust. All in all the hearing was reassuring. thank you for sharing
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Post by z06mike on Aug 3, 2010 11:08:13 GMT -5
Manny,
Glad to know you have the competency-based education, training and experience needed to understand what was happening in court as a Police Officer. I didn't compare you to acca at all. My whole point was directed at all of us being so tired of all the indirect communications that have been happening for years and finally have someone with the courage to jump in and see first hand. We all, myself especially, appreciate your directness and letting us know the scoop. Without, it-it WOULD have been just another acca epsiode. Also, I never mentioned anything about you not getting your facts straight. Sorry if I crafted that poorly.
Mike
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Post by candleman on Aug 3, 2010 11:35:33 GMT -5
Manny, Thanks for taking the time to personally attend and give us the information you accumulated. We are blessed to have diligent, caring people on our side...AH, BH, Portrush the Mods and those that are working to keep us in the headlines and on the Court dockets. I hope your Son is healthy and safe..God Bless You!
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Post by MannyFin on Aug 3, 2010 11:50:49 GMT -5
Manny, Glad to know you have the competency-based education, training and experience needed to understand what was happening in court as a Police Officer. I didn't compare you to acca at all. My whole point was directed at all of us being so tired of all the indirect communications that have been happening for years and finally have someone with the courage to jump in and see first hand. We all, myself especially, appreciate your directness and letting us know the scoop. Without, it-it WOULD have been just another acca epsiode. Also, I never mentioned anything about you not getting your facts straight. Sorry if I crafted that poorly. Mike Apology Accepted!!
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Post by NobleForce2 on Aug 3, 2010 13:25:58 GMT -5
Manny, Glad to know you have the competency-based education, training and experience needed to understand what was happening in court as a Police Officer. I didn't compare you to acca at all. My whole point was directed at all of us being so tired of all the indirect communications that have been happening for years and finally have someone with the courage to jump in and see first hand. We all, myself especially, appreciate your directness and letting us know the scoop. Without, it-it WOULD have been just another acca epsiode. Also, I never mentioned anything about you not getting your facts straight. Sorry if I crafted that poorly. Mike Apology Accepted!! Now you can send me one.
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Post by NobleForce2 on Aug 3, 2010 13:33:27 GMT -5
No, Mike. I wasn't talking to you. I'm sorry if you saw it that way. You can delete that post if you want.
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Post by z06mike on Aug 3, 2010 13:44:52 GMT -5
No, Mike. I wasn't talking to you. I'm sorry if you saw it that way. You can delete that post if you want. Noble, See how things get misunderstood on here? Ya write what you think is complementary and Wup Azz gets opened up and then the pile-on starts. All in good fun. Mike
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Post by pete85204 on Aug 4, 2010 14:38:39 GMT -5
fyi - RB - CMKI Bd - planter82 04 Aug 2010, 02:30 PM EDT Rating: post rating 0 Msg. 951157 of 951174 Jump to msg. # Bellingus 04 Aug 2010, 12:54 PM EDT Rating: Rate this post: Msg. 40349 of 40349
Jump to msg. # Current Events…
Howdy. I haven’t posted lately for a couple of reasons. First, RB is the dumpster of message boards in so many ways and there’s really nothing here worth reading or commenting on any more. And… the RB site itself with multi flash ads running usually crashes my computer. Enough of that.
I’ve been privy to some of the feedback expressed in Paltalk and other venues with regard to AH’s performance in court on Monday. The emotions expressed vary from orgasmic rapture to indifference.
I’m mainly speaking to those who feel that Al hit it out of the park. In one regard he might have done just that but first we need to understand exactly what he’s trying to accomplish. More on that in a bit…
Reality Check Now, if you think that AH has the opposition or the judge eating out of his hand, think again. At this point, even though we’re the plaintiffs we’re playing defense, folks. Al went to court because had he not shown up the suit would have been dismissed.
This is pretty simple. Al received more time because, according to the judge, he hadn’t shown cause for a Bivens suit in his original filing and the law allows the plaintiff 30 days to amend the suit. Got that? No cause for Bivens. That’s hardly cause for celebration.
That’s why the attorney for the defense appeared unprepared. He didn’t have to be prepared. He still doesn’t have to be prepared until Al amends his case. It is interesting however, that it was the defense attorney who suggested that Al had a better case going after the commissioners individually rather than in their official capacity. This guy gave the appearance of ignorance but I’d guess he’s anything but.
Regardless of the language used by the two lawyers and the judge, the defense attorney already has what he wants – a dismissal. The dismissal just needs to be signed by the judge and this is over. I also think it’s interesting that the defense suggested that Al sue the commissioners individually because that would likely relieve the SEC from having to provide their defense. That’s like the commission saying, you’re on your own, guys! That would suggest that this guy is no fool.
The judge essentially told AH that unless he came up with some specific examples of how the commissioners in question denied the plaintiffs of their rights, those commissioners were covered by sovereign immunity. The judge essentially said that as our case stands right now, we have no freakin’ case.
For everyone out there parroting the line that ‘they’ don’t want to go to discovery on this thing you’re right but it’s not because they’re afraid of us. And as it stands now, there will be no discovery – not unless Al makes a d*mned good case and illustrates that the accused commissioners were out of line. And in my opinion, it will be a lot harder to do that now if Al has to show that the commissioners, acting outside of their official capacity, denied the plaintiffs their rights.
And by the tone of the judge the other day, I’m sensing that he also feels there are other parties with far more liability than the people currently named. That’s why he brought up the brokerage houses. That was also the reason for him asking about the duties and functions of the DTCC.
And if you think the judge is with us because he commented that Al’s story of how the money was collected and how IBM was involved and all the rest was “educational,” think again. It’s a great little story loaded with facts but at this point in time it has relatively little bearing on the matter at hand which is the Bevins issue. And that issue is now this: did the commissioners, acting as individuals, deny the plaintiffs their constitutional rights? That’s it! All the rest is irrelevant at this point. It’s stuff for discovery.
Up front I made reference to what specifically Al is trying to accomplish. Of course, he’s trying to get our funds released. But there’s a major question about that. That is, why won’t the forces that be let them go? I thought it interesting that when the judge asked Al if the SEC had the authority to release the funds he responded that they didn’t.
Then Al went on to eloquently explain that several federal agencies are involved in this mess and they all seem to be vying for authority and position. He concluded saying that the SEC has been more or less the ‘default’ (not his exact words) agency and that’s why he’s going after them. I thought he did a nice job of explaining that because it’s not real easy to grasp in its complexity.
So what’s the snag? I think it’s nothing more than a jumble of alphabet agencies each of which has their own ideas of how this should go and no single one of them with the authority to pull the trigger. Will that power default to the SEC? Who knows?
Seems to me that if the funds are held in trust by the US Treasury, then they should be the ones to let it go but who knows? Seems to me that if the DTCC has a bunch of liability in this and are having to pay in part then maybe they should let it go, but who knows? I’m sure there is a lot of inter-agency posturing and bickering over who has the power to push the final button. Obviously, there’s a lot more going on with this crap than we can see or that we’ll ever know or understand. Hopefully Al has a handle on it all.
But understand this: that money is there and has been for a long time. It has been set aside for bona fide shareholders. It will be released.
To sum it up, I think we’ve had a decisive victory in that Al bought some more time. But this is by no means any time to be shouting victory because again, we are playing defense. With that said I believe that Al has witnesses and can prove everything he’s alleged in the case and a lot more. The question is, will he ever get the chance? Ideally, we get paid before time runs out and never have to go to discovery on this case.
The truth is, they don’t have to let us in the batter’s box (trial) at all because it’s their ball and their bat and their stadium. And it really doesn’t matter how well Al amends the case to make it all fit. They can still throw it out.
We’re up against the machine that stood by and watched while criminals gutted our freakin’ financial system. Sorry, but that’s the reality as I see it in this upside down world. Listen, I’m all for supporting the team (and there’s no question that Al is part of the original team) but I’m not a mindless cheerleader, I’m a realist.
If you’re one to pray, pray that Al has a couple of aces up his sleeve.
Peace
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Post by marbearcat on Aug 4, 2010 14:53:36 GMT -5
Why did these people make these deals with the notion in their head that they were never gonna pay?
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