Saturday, May 15, 2010

Very interesting and informative



May 13, 2010

To: CMKM Management

Re: Litigation Update

I received five phone calls yesterday from four pleasant and concerned shareholders. The fifth caller was rude and insulting but left his message after normal business hours so he did not reach anyone in my office. I have not had the chance to speak with him as of this writing but I will continue my efforts to reach him. This shareholder gave his name in such a way that his last name is not audible and he left his phone number with the last four digits trailing off to where it is indecipherable. I left messages at voice mails for two different numbers that could possibly have been the caller’s number but I have not received any return phone calls. After discussing the reasons for the influx of calls with these concerned shareholders, I have decided to issue an update on the status of the litigation for the benefit of all shareholders. These well meaning shareholders suggested that I address certain topics. I will endeavor to cover them from the legal perspective.

Desormeau Suit -- I was hired by CMKM after Kevin West became CEO in early 2007. I was in Las Vegas preparing to file a shareholder’s derivative suit against Dave Desormeau (former CFO for CMKM), John Edwards (owner of the CyberMark shell that became CMKM) and other insiders of CMKM. It was obvious that Company management prior to Mr. West’s appointment had neither desire nor inclination to bring suit against the parties I was prepared to sue. The facts uncovered since Mr. West has taken office along with indictments and other regulatory proceedings, confirm that such legal actions were appropriate on behalf of the Company. Mr. West, in one of his first decisions, asked me not to file the suit against Desormeau, et al as a derivative suit but to bring the action directly against the named Defendants on behalf of the Company. I did so. That action resulted in a $33,000,000 judgment in favor of CMKM against John Edwards. Most of you know by now that having a judgment against someone is not the same as receiving funds in that amount. Your Company and your legal team have spent significant monies to obtain judgments against certain defendants and there is hope for recovery of significant funds from these judgments.

Two pieces of real estate have been recovered on behalf of the Company in a related proceeding. Litigation was brought in North Carolina and Nevada in an attempt to attach certain pieces of real estate which were believed to have been bought with illegally obtained proceeds. A compromise was reached in the North Carolina proceeding which allowed for the transfer of these properties to CMKM while the $33,000,000 judgment against John Edwards with ongoing interest remains in full force and effect. It was agreed that John Edwards would be allowed credit for the value of these properties against the outstanding judgment. These properties were purchased with “ill gotten gains” from actions alleged in the Desormeau lawsuit and the Company has a duty and a right to collect any real estate or other assets that were acquired through such illegal activities. Collection efforts against John Edwards are ongoing to satisfy the remainder of this judgment. The Company is attempting to sell the real estate acquired through this lawsuit, but due to real estate market conditions no sales have occurred for the benefit of the Company as of the date of this writing.

I will make occasional references throughout this update to documents being filed and filing dates. You are directed to the Company website www.cmkmdiamondsinc.com to view the documents mentioned herein.

Recently CMKM has amended the petition in the Desormeau suit to add Wells Fargo, the STAMP Program, Stacy Ewing, Helen Bagley and First Global Stock Transfer. CMKM’s ongoing investigation headed up by Mr. West uncovered the actions described in the recent amendment which resulted in this new filing. In this amended filing CMKM alleges that the actions of Wells Fargo, its employee Stacy Ewing, along with Helen Bagley and the Company transfer agency, assisted John Edwards and others in the issuance of free trading shares which were not authorized by CMKM. The Court granted CMKM’s Motion to add Wells Fargo et al to the lawsuit in March of 2010. CMKM is awaiting a signed order from the Court so it may proceed with service on all the new parties. The investigation by CMKM shows that the CMKM stock certificates issued as a result of the negligence and wrongdoing of Wells Fargo and others totals over $50 million dollars. This amended portion of the Desormeau suit seeks damages for the losses caused to CMKM for the issuance of these shares.

Casavant/Glenn Suit -- In August of 2009 CMKM sued its former attorney Roger Glenn, his law firm Edwards Angell Palmer and Dodge, LLP, Rendal Williams, Cierra Williams, MonteVerde Holdings LLC and Patricia DeCosta by adding them to the Casavant suit filed in 2007. Roger Glenn’s attorneys filed a Motion to Dismiss aimed at certain claims in CMKM’s petition. CMKM amended its lawsuit and filed the Second Amended Complaint against Glenn, et al, on January 5, 2010. Glenn’s attorneys filed an answer on January 21, 2010. On March 2, 2010 a Joint Case Conference Report was filed which sets out certain discovery deadlines agreed to by the parties. CMKM received Glenn’s First Set of Interrogatories and a Request for Production in March. In response to Glenn’s discovery requests CMKM has provided to Glenn over a half a million pages of documents accumulated by the Company during its three years of investigation into the Company’s activities. For the specifics of what was provided to Glenn’s attorneys please view the Case Conference Report on the Company website. Glenn’s attorneys have provided in their initial disclosure to CMKM 1576 documents (which includes many duplicates) totaling less than 8,000 pages of records.

On February 17, 2010 all parties, through their respective attorneys, met by video conference call to work out the Case Conference Report and the particulars involving the initial disclosure required by the Nevada Rules. Glenn’s attorney took the deposition of Kevin West on March 23, 2010 with Kevin West being named as the Company representative most knowledgeable about the Company records. This proceeding is called a Rule 30 (b) (6) deposition. Mr. West testified for most of the day about the records of the Company and where Glenn might look to find documents of the Company. Glenn’s attorneys have issued a subpoena to Don Stoecklein, former CMKM attorney, for all of his firm’s records related to his representation of CMKM. Stoecklein forwarded these records to Glenn’s attorneys two weeks ago. Glenn’s attorneys amended their deposition after receiving the documents from Mr. Stoecklein and have now elected to depose Kristen Buck at their offices in Costa Mesa, California next week. I will attend the deposition to represent the Company. The Company is preparing their first round of discovery to Roger Glenn and intends to have it filed in the next thirty days. A trial date has not been set at this time. Due to time deadlines agreed to in the Case Conference Report, it is likely a trial could occur as early as May or June of 2011.

Share Cancellation Suits-Smith County, Texas -- After reviewing hundreds of thousands of pages of bank records, transfer agent records and other corporate documents, it became clear that billions of shares of CMKM common stock were issued to certain companies and individuals who never provided services nor paid for the receipt of those shares. In 2008, the Company began notifying those companies and shareholders that appeared to have large holdings of CMKM common stock yet the records of the Company did not show any proof that such stock had been paid for by either cash or services. The Company received responses from only a small number of the shareholders who were contacted. Most of the people who responded said they were unaware that stock was issued in their name or that any stock was currently outstanding in their name. CMKM management has a duty to cancel any and all shares that were never purchased or acquired legally. The Company has an ongoing investigation into illegally issued stock and will continue to identify those that received stock without paying for the same. Forty individuals and companies including a number of companies created by John Edwards and including a number of relatives of Urban Casavant and certain individuals known to be insiders of the Company have now been sued by CMKM. On March 25, a default was granted against some of the named Defendants. On April 20, 2010 Mr. West appeared in Court and testified about the circumstances surrounding the issuance of the shares sought to be cancelled. He also testified about the methods suggested for awarding damages for the acts of the Defendants. The Court awarded CMKM nearly $30 million dollars based on the sales price of the shares that were ultimately sold by the named Defendants. Approximately 20 billion shares have been cancelled as a result of this litigation. New Defendants in this suit will be added in the coming months.

Al Hodges’ Bivens Suit -- After discussing this issue with a couple of shareholders, I thought it necessary to explain CMKM’s legal position regarding the Hodges’ suit with more clarity. Kevin West and the all those associated with CMKM including the new COO, the Board of Directors and all the lawyers being employed by the Company are dedicated to seeing this Company succeed and become a trading entity again. The promises made to shareholders before the current management took over have left many shareholders with the hopes and expectations of fabulous wealth and windfall profits from relatively small investments. The hope for wealth from this investment lives in many of us. The claims made in the Hodges’ suit are good reason for hope to continue. CMKM management has been on a steady course for three years to rebuild this Company. Because the previous management did not file tax reports, the Company is having to reconcile each year beginning in year 2002 in order to file each period accordingly to regain reporting status. The Company plans to maintain its course while the Hodges’ litigation comes to some resolution. I make these comments in regards to the Hodges’ suit for this reason. All work being performed by Kevin, his staff and his Board is for the sole purpose of benefitting all shareholders and bringing the Company back to trading status.

When Kevin West took the job, he became duty bound to do things that are required of corporate officers. CMKM’s investigation does not reveal that any trust fund exists. The Company has stated publicly that it does not have any evidence of funds awaiting the shareholders. This does not mean there are no funds being held in trust for the shareholders. The Company simply has no evidence of the existence of these funds. This position by the Company does not mean the Company is opposed to the finding of funds belonging to the shareholders. Quite to the contrary, the Company exists for the sole reason of increasing the value of the stock to the shareholders. If it comes in the form of a windfall from a trust fund, then so be it. I personally think Al Hodges is a very capable and experienced attorney. I am hopeful that his litigation is successful but CMKM management does not have the luxury of waiting to see what will come of that lawsuit. Based on the recovery sought in the Hodge’s suit, if it is successful, the matters being litigated by the Company will pale in significance. The Company will watch the proceedings in the Hodge’s suit with great interest and hope that something of value comes of that litigation for the shareholders.

Communication to Shareholders -- I was informed that many shareholder resent the Company’s inability or refusal to communicate with shareholders. You are advised that Kevin West has been a key witness, and without a doubt the most important witness, on behalf of the Company. He has already testified in court on numerous occasions. He has been named as a witness by me and by Roger Glenn’s attorney in our formal disclosure documents. The act of naming someone as a witness has significant legal ramifications. Mr. West will be deposed at some point in the future by Roger Glenn’s attorney as may any officer or board member. He may be deposed in other lawsuits related to his work for the Company. Any remarks made by Mr. West whether written or verbal to third parties is discoverable by the opposing parties. Any information he imparts may subject him to cross examination. Statements made outside court are often used in court against a witness. Since casual conversations or general dialogues about the Company business are difficult at best to screen or scrutinize. I am forced to restrict any officer or board member in what he or she can discuss and to whom he or she can discuss matters with.

I have a legal obligation to prepare these cases for trial and I am duty bound to instruct Company witnesses on the potential harm that could come from discussing Company business for the entire world to hear and see. Additionally, the parties have entered into a Protective Order signed by the Court which directs all parties to protect as confidential any materials deemed by the parties to be confidential. I think the Order is posted on the Company web site, but if it is not, I will see if we can get it posted. If any officers or board members were to discuss or display to shareholders documents deemed confidential, he could be subjecting himself and the Company to sanctions or be exposed to a contempt of court action. It is extremely difficult in a case involving large volumes of business records and confidential documents for an attorney to police his witnesses as to what areas they can talk about and what areas they cannot discuss publicly. I have advised the officers and board members not to discuss Company business because of this litigation. Are you entitled to answers to your questions? Depending on the question, you may well be entitled to answers or certain information. But in light of the mountain of litigation being brought by this Company, you will be required to get your answers in a more controlled fashion. You are not entitled to unlimited and uncontrolled access to the corporate officers or board members when your questions involve matters that are subjects of the litigation. Any lawyer who would suggest otherwise would not be doing his job in my opinion.

Information Request -- I have been receiving a number of faxes and emails from people who are telling me they have been instructed to send me proof of their holdings. I will assume this is an honest mistake on somebody’s part. One nice individual has sent me a quote from a current message thread but the quote is five years old where John Martin was asking shareholders to send proof of their holdings by fax to my office. I have no idea why anyone would suggest there is some need to do that at the present time. The thread that was sent to me was written by Mr. Martin when I was compiling the information we gave to the SEC following the administrative hearing. This is a waste of time for the shareholders who are being told to do this and it serves no purpose whatsoever.

Sincerely,

Bill Frizzell

Wednesday, May 5, 2010

Credit to tbo452 over at the Million Millionaires board


www.ibtimes.com/articles/20100504/government-sting-operation-leaving-cmkm-diamonds-shareholders-tired-of-waiting-for -reimbursement.htm

By Jonathan | May 4, 2010 8:12 AM EDT
“Government Sting Operation” Leaving CMKM Diamonds Shareholders Tired of Waiting for Reimbursement

Today we have spent hours reading on the whole CMKM Diamonds debacle and the government’s involvement in what they have termed a “sting” to actively pursue people and corporations involved in naked short selling and the illegal activities that are often part of the penny stock market world. We are still dumbfounded that this wasn’t all over the press for the world to know.

Granted there are a lot of lawsuits filed every day, but it seems that one of this magnitude, a $3.87 trillion lawsuit against U.S. Securities and Exchange Commission Chairman Mary L. Shapiro, as well as several other current and former SEC commissioners, would be a little more publicized. Recently a clip on television criticized SEC officers for watching porn while on the clock. If that was newsworthy, this lawsuit which alleges a multitude of illegal activities and misrepresentations from our government certainly is also.

The long and short of the situation is best summed up by some of the direct quotations from the complaint filed by Pasadena attorney Al Hodges on behalf of the CMKM Diamonds shareholders. The complaint was filed on January 8, 2010 in the U.S. District Court, Central District of California.


[Complaint paragraph 31] During the period of June 1, 2004 through October 28, 2005 a total of 2.25 Trillion “phantom” shares of CMKM Diamonds Inc., was sold into the public market through legitimate brokers, illegitimate brokers and dealers, market makers, hedge funds, ex-clearing transactions and private transactions. The sales of the majority of such shares were at all times known to the Securities and Exchange Commission, including Defendants herein.

[Complaint paragraph 32] At some date prior to June 1, 2004 the Securities and Exchange Commission in concert with the Department of Justice of the United States, together combined with Robert A. Maheu and others to utilize CMKM Diamonds, Inc. for the purpose of trapping a number of widely disbursed entities and persons who were believed to be engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company.

Furthermore, the complaint states that the Security and Exchange Commission worked in cooperation with the Department of Justice and the Department of Homeland Security to take the covert operation to a whole new level as they believed and developed evidence that said short sellers were utilizing their activities to illegally launder monies, wrongfully export monies, avoid payment of taxes, and to support foreign terrorist operations. Pretty serious stuff that was truly deserving of the efforts put forth by the government to catch the criminals. The problem is that all of this was done at the shareholder’s expense. All of the naked short selling and corruption eventually led to CMKM inevitably being delisted in October of 2005.

We obviously gave a very abridged version of the complaint, but hopefully made the point. The government went to great lengths to set up this operation and fulfill its purpose, but (and here’s the important part) no arrests were made. In lieu of prosecution, the people involved were granted immunity in exchange for statements and repayment of illegal monies obtained. So, where is the money? That is what the shareholders of CMKM Diamonds want to know.

Despite numerous, documented attempts to collect the money that has been promised by the government to the shareholders, no transactions have taken place to reimburse shareholders for their losses. The carrot has been dangled several times through promises of “within the month” or “in a couple weeks” to properly compensate the holders of CMKX stock, but it has never been completed. Hence, the lawsuit has finally been filed that alleges that the SEC is illegally withholding funds collected from unscrupulous broker/dealers that facilitated the selling of more than 2.25 Trillion shares of CMKM Diamonds stock into the market.

Time will tell how this situation will play itself out as the common conception is that it will be settled before it ever reaches trial. In the meantime the shareholders will have to sit and wait.

A copy of the complaint can be viewed at: http://www.qualitystocks.net/misc/hodges_SEC.pdf

Tuesday, April 27, 2010

Hodges and Associates INTERIM UPDATE 4/27/2010


Hodges and Associates INTERIM UPDATE
« Thread Started Today at 7:15pm »

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I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner.

This “Interim Update” is the exception that proves the rule, so to speak. However, it has been a relatively long period [certainly more than I originally anticipated] since I communicated with the shareholders at large, and there is material information to impart.

Before providing some information about what has been transpiring and our current status, let me address a few other matters:

I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class.
• The Bivens action which I have filed not only sets forth the facts as I know them, it seeks to become a class-action on behalf of all shareholders.
• At this instant in time however, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class.

In the unlikely event that this litigation continues forward, a motion will be filed with the Court requesting that a class be certified. If granted, at that point I will, presumably, be appointed by the Court to continue acting as counsel for the class; thereafter, the Court will be required to approve any and all settlements, and others matters.
• The status of the litigation can at all times be monitored on PACER; as a result, we do not respond to inquiries at my office; accordingly, please do not contact us directly for such information.

For everyone’s information, all defendant’s have been served, and an initial scheduling conference, originally set by the Court to be held on April 26, 2010 has been continued by mutual agreement of the parties [with consent of the Court] to July 26, 2010.
• The litigation will be aggressively pursued until such time as all CMKX shareholders have been paid.
In a similar vein, please understand that we are not involved in any ongoing negotiations with the SEC and/or their representatives with a view to compromising and/or otherwise attempting to resolve claims of the shareholders.

We have set forth in the complaint what the shareholders are entitled to receive; compromise is not anything that the shareholders want, desire, or would tolerate or accept.


The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Having said that, I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.
Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? Let me address each of these questions, to the extent I am able, separately:


1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillon Dollars.

2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay out of all the domestic settlements; institution of the US dollar re-funding project; pay out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.

3. Our Status – We are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than a few weeks.

4. The Delay – Although I could write a book about what’s been going on behind the scenes to cause this additional delay, I’ll try to give you the condensed version:


First - Please be aware and understand that there is an economic war raging in the background.


Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not.


Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.


Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it. By way of example, I was advised that over the weekend one State Department person, 10 bankers and 18 Federal Reserve people were arrested and dealt with.


Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. That will be in the very near future in my opinion; the current schedule based on advice I received this afternoon is that it should all be finished, with funds in the Trustee’s hands, by week’s end.
I want to extend our heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue, and we will prevail.

Al Hodges

Wednesday, April 7, 2010

Wednesday, March 31, 2010

**Manhattan Headlines Examiner: CMKM Diamonds and the $3.87 trillion lawsuit you didn't hear about**

http://wwww.examiner.com/x-9341-Manhattan-Headlines-Examiner

http://wwww.examiner.com/x-9341-Manhatta....idnt-hear-about

March 30, 7:10 PMManhattan Headlines ExaminerTim Barello


As the United States continues to fracture in every way imaginable, most citizens are unable to keep up with the never-ending hodgepodge of government corruption. Each day, a new larger-than-life scandal emerges, and in the short mind span of news media, there is always a bigger and better story to chase. Right now, the hot button issue for mainstream news outlets is healthcare reform, and its myriad implications for our society; this doubtlessly ensures the aforementioned media will continue to overlook unprecedented accusations brought forth in a recent $3.87 trillion lawsuit against U.S. Securities and Exchange Commission Chairman Mary L. Shapiro, as well as several other current and former SEC commissioners, among others.

This Bivens action suit represents the largest fraud case in world history, and was filed in the U.S. District Court, Central District of California, on January 8th by Pasadena attorney Al Hodges; in his complaint, made on behalf of CMKM Diamonds shareholders, Hodges alleges that:

[Complaint paragraph 31] During the period of June 1, 2004 through October 28, 2005 a total of 2.25 Trillion “phantom” shares of CMKM Diamonds Inc, was sold into the public market through legitimate brokers, illegitimate brokers and dealers, market makers, hedge funds, ex-clearing transactions and private transactions. The sales of the majority of such shares were at all times known to the Securities and Exchange Commission, including Defendants herein.

[Complaint paragraph 32] At some date prior to June 1, 2004 the Securities and Exchange Commission in concert with the Department of Justice of the United States, together combined with Robert A. Maheu and others to utilize CMKM Diamonds, Inc. for the purpose of trapping a number of widely disbursed entities and persons who were believed to be engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company.

The Securities and Exchange Commission and the Department of Justice, with assistance from the Department of Homeland Security, believed and developed evidence that said short sellers were utilizing their activities to illegally launder moneys, wrongfully export moneys, avoid payment of taxes, and to support foreign terrorist operations.
To fulfill the plan to criminally trap such wrongdoers, the Securities and Exchange Commission, with assistance from the Departments of Justice and Homeland Security:

(a) Assisted in and approved the retention of Roger Glenn, an ex-SEC trial attorney and drafter of Sarbanes-Oxley, to join CMKM Diamonds Inc. for the purpose of verifying claims value, increasing authorized shares of stock to 800,000,000,000, and supervising from the inside of the company;

(b) Encouraged the company to expand its promotional activities, assisted in the set up of the “racing activities” of the company, and underwrote a substantial portion of the cost of such activities;

(c) Consented to, facilitated, and supported the sale of certain company claims to several foreign corporations;

(d) Consented to, facilitated, and supported the conferences between Robert A. Maheu and his associates on the one hand, and the wrongdoing short sellers on the other, all for the purpose of settling the potential liability of said wrongdoers with consent of the U. S. Government and a representation of no criminal prosecution for such illegal sales;

(e) Consented to, facilitated, and supported the declaration of dividends payable by the company to each common shareholder of CMKM Diamonds, Inc.

(f) Consented to, facilitated, and supported the distribution of shares of CIM, a private company owned by Urban Casavant, as a stock dividend, including consent and approval of distribution of said shares to holders of more than 1.4 Trillion shares of CMKM Diamonds, Inc. common stock.
Based on these assertions, CMKM was used by the U.S. government as part of a covert sting operation – unbeknownst to shareholders – to apprehend criminals for their offenses. However, instead of prosecuting most of them, restitution deals were apparently cut:

[Complaint paragraph 34] During the period from March, 2004 through August, 2006, on behalf of CMKM Diamonds, Inc. Robert A. Maheu, with assistance from others, negotiated a settlement with the illegitimate brokers, dealers, market makers, hedge funds, and other persons and entities that had engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company. In exchange for a U. S. Government promise of no prosecution for such sales, the wrongdoers each promised to pay negotiated amounts to a frozen trust for disbursal at a later time.

[Complaint paragraph 35] Plaintiffs herein are informed and believe, and based thereon allege, that other moneys have been collected for the benefit of the shareholders of CMKM Diamonds, Inc. from the Depository Trust & Clearing Corporation, from the United States Government, and from the sale of additional assets including consent to enter into joint venture agreements with other companies holding mineral claims in Saskatchewan, Canada. Plaintiffs herein are further informed and believe, and based thereon allege, that said moneys, collected for the benefit of shareholders have also been placed in a trust or are otherwise now held in trust by the Depository Trust & Clearing Corporation and the United States Treasury.
Therefore, the crux of this complaint – and the massive fraud allegedly committed by the SEC (and Department of Justice) – is as follows:

[Complaint paragraph 36] Plaintiffs herein are informed and believe, and based thereon allege, that at all times mentioned, the Securities and Exchange Commission reserved unto itself the sole and absolute discretion to determine when moneys collected pursuant to the scheme set forth above would and could be released for distribution.

[Complaint paragraph 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.
During the timeframe referenced above, CMKM was registered as a publicly traded diamond and gold mining company. By 2005, concrete evidence detailing fraud within the company emerged; in addition, it became publicly apparent that CMKM also sold, at the very least, hundreds of billions of unregistered shares – a practice often referred to as naked short selling – to third parties. Eventually, the SEC moved to delist CMKM stock, whose value never exceeded one penny per share, in accordance with Section 12(j) of the Securities and Exchange Act of 1934. After several administrative proceedings, CMKM stock was ultimately deregistered in October 2005.
In September 2006, Floyd Norris, chief financial correspondent of The New York Times and The International Herald Tribune, caught wind of the CMKM scandals, and began to report on some elements of the criminal fraud that ravaged CMKM’s estimated 40,000 shareholders. Norris has reported on more than one occasion that at least 259 billion shares of unregistered CMKM stock was sold; however, per the SEC’s 2008 action against CMKM, the agency itself acknowledges that as many as 622 billion shares of “purportedly unregistered stock” was sold by the company over a 20 month period.
So, how did Hodges initially determine that at least 2 trillion unregistered shares were sold?

[Complaint paragraph 25] A frequently asked question (FAQ) page was added to the web site [CMKMTaskForce.com] on the evening of November 4, 2005 and in response to a question about the degree of naked shorting of CMKM stock, the Task Force [consisting of Robert A. Maheu, Donald J. Stoecklein and Bill Frizzell] indicated that “Credible information indicates the number of naked short shares is potentially as high as 2 Trillion shares.”
‘QUITE A CASE’

Several weeks ago, I spoke with Al Hodges, a practicing attorney with four decades of experience, to find out more about this extraordinary case, and moreover, to determine exactly how he calculated his clients’ potential damages to be nearly $4 trillion – a figure many observers have openly scoffed at.
Almost immediately, I could not help but ask why the mainstream media has not fairly reported on this case; frankly, given the scope of accusations, one would assume that, at the very least, Floyd Norris and The New York Times would have some interest in thoroughly examining the merits of this action; instead, Norris has essentially brushed off Hodges' allegations as being baseless.


It’s not that Hodges and his associates haven’t tried to attract the media’s interest; in fact, on this side of the Atlantic, all the major dailies, including The Los Angeles Times, The New York Times, The Wall Street Journal and The Washington Post have all been informed of the suit. Their respective editorial staffs - with the exception of Floyd Norris - have utterly decided to ignore it.
In the United Kingdom, efforts have also been made to attract mainstream media interest. Veteran financial intelligence Editor and Publisher Christopher Story FRSA – an investigative specialist that focuses on covert government operations and scandals – has personally reached out to The Daily Telegraph’s International Business Editor Ambrose Evans-Pritchard, with whom he is acquainted, to notify him about Hodges’ case. To date, Pritchard has failed to respond to Mr. Story, who has authored a number of articles (1) – and other published commentary – in The Daily Telegraph over the course of his near 50-year-career.
Hodges noted that Story, publisher of International Currency Review, and several other serials, is “subscribed to by every intelligence operation in the world.”

If intelligence agencies are reading about CMKM, then why isn’t the mainstream press covering this case? Hodges prudently observed that “they’re not going to touch it.”
MAINSTREAM MEDIA WON’T COVER ISSUES TIED TO COVERT OPERATIONS? (EVIDENTLY NOT)
“They [the government] used the shareholders without their consent to perform this ‘sting operation’ for National Security interests, and it wouldn’t have worked the way it worked if they had disclosed it,” he continued.


“On the other hand, it isn’t right to bury a company and put them out of business for the purpose of trapping people who are using the company to cheat the government, to line their own pockets, and to fund their operations against the United States.”

As noted above in complaint paragraph 34, and per Hodges, a deal was eventually reached with the aforementioned criminals; they paid the government restitution for documented illegal actions, and in turn, were offered immunity from prosecution.

“Rob Maheu had all these people in a big room in Las Vegas, and made [an] offer to them,” he said.

“Every person, organization and representative in that room stepped up, and either transferred money while they were there, or agreed to transfer money upon some further schedule” to avoid indictment.

Hodges also said, “I have a witness who was there, who saw it, and part of the 2.25 trillion phantom shares is documented by that person’s observations of how many shares were represented in that room.”

HOW MUCH MONEY DID THE FEDS REALLY COLLECT FOR RESTITUTION?

“People are going to laugh and titter about the amount of money that is being claimed, but understand the context of the lawsuit,” he said, before concluding, “we are not asking the government to pay us $3.87 trillion, what we’re asking is for them to release the funds that have been collected for us.” Thus, the implication is that this sum also incorporates substantial punitive damages.

In the end, Hodges believes the U.S. government is going to settle the case before it actually moves to trial. On this possibility, he said, “I think its in the process of happening as we speak.”


Based on these explanations – and the recent scandals and assertions that have surfaced about the SEC – I believe the mainstream media is doing the public a great disservice by not properly examining Hodges’ CMKM case.

The same conclusion must also be drawn about Christopher Story’s reports on the criminality that is undermining international efforts to refund the U.S. dollar, which is dangerously close to losing its status as the world’s global reserve currency...but that’s touching on a whole other can of worms…or is it?

(1) In Paul Johnson’s article “Unions, Pensions, and Financial Responsibility: The British Experience” published in the Journal of Labor Research, Volume 2, Issue 2 (1981) pp. 292, 294, 295, 296, he highlights Christopher Story’s authoritative research, as published in The Daily Telegraph on 30 April, 31 August and 1 September 1976, as well as on 4 September 1978.
More About: Media · CMKM Diamonds · Lawsuit · SEC ShareThis

Sunday, March 21, 2010

March 19, 2010

To CMKM Diamonds Shareholders,

Because you previously contacted the Securities and Exchange Commission (SEC) Office of Inspector General (OIG) about matters related to alleged fraud involving CMKM Diamonds, we are providing you with an update concerning our work regarding this matter.

The primary functions of the OIG are to perform audits of SEC operations, programs, activities, and organizations, and to conduct investigations of alleged staff and contractor misconduct. The OIG was requested to investigate matters pertaining to CMKM Diamonds and conducted an investigation into the allegation that fell within the OIG's jurisdictional purview, namely, that the SEC's Division of Enforcement staff provided favorable treatment to a former SEC attorney by not naming that individual in a securities fraud civil action.

The OIG completed its report of investigation in this matter (Case No. OIG-528) on March 16, 2010. However, as a matter of policy, the OIG does not publicly release its reports of investigation. In order to request a copy of the OIG's report of investigation, you may make a request pursuant to the Freedom of Information Act (FOIA) to the SEC's FOIA and Privacy Act Office by following the procedures described at http://www.sec.gov/foia/howfo2.htm.

Finally, many of you have expressed concerns or made inquiries about how you may recover funds that were invested in CMKM Diamonds. Please note that the OIG does not have any authority to distribute funds to shareholders and such matters fall outside the OIG's jurisdiction. Therefore, we suggest that you contact the SEC's Office of Investor Education and Advocacy regarding these issues.

Sincerely,

Natasha Dandridge
Legal Assistant
On behalf of the Office of Inspector General
of the U.S. Securities and Exchange Commission

Oldepro posted this on the Millionaire's board...

Wednesday, January 13, 2010

zanmia
Administrator
Posts: 6,722
Lawsuit is Now Online

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Schmedrick posted this on the Millionaires' Board...



Lawsuit is Now Online

The lawsuit has been entered into the system, and the ball is officially rolling. There is a 21 day response time. Scroll to the bottom to read the initial comments.

We're on our way folks



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