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Post by sandi66 on Dec 30, 2007 12:53:14 GMT -5
Subject: CMKX From: bfrizzell@cmkxownersgroup.com Date: Thu, 7 Apr 2005 15:59:12 -0700 Dear Members, I have retained Bryan Forman as a consultant to assist me in my representation of the owners group. I have asked Bryan to assist me in several area's of my investigation. Bryan's website will give you some information about his background. www.bryanforman.comThere will be more to come in the next few days!! Sincerely, Bill Frizzell
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Post by sandi66 on Dec 30, 2007 12:54:54 GMT -5
From: bfrizzell@cmkxownersgroup.com Date: Fri, 8 Apr 2005 07:21:03 -0700 Good Morning, Bill asked me to advise everyone that the answer from CKKX to our motion has been posted on the Owners Group Website. www.cmkxownersgroup.com Thank you and have a great day! For Bill Frizzell, John Martin
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Post by sandi66 on Dec 30, 2007 12:56:01 GMT -5
bfrizzell@cmkxownersgroup.com Subject: CMKX Owners Group From: bfrizzell@cmkxownersgroup.com Date: Mon, 11 Apr 2005 15:09:19 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net To: Members of the CMKX Group The answer from CMKX to the charges being brought by the SEC were filed today with Judge Brenda Murray. Please access that filing at www.cmkxownersgroup.com . The document is referenced as “CMKX Answer to OIP”. Mr. Stoecklein was very thorough in responding to the charges brought by the SEC. At the time of this note, I have received no response from the SEC to our request to have a part in these proceedings. The SEC may still respond in the next few days. Bill Frizzell
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Post by sandi66 on Dec 30, 2007 12:56:59 GMT -5
From: bfrizzell@cmkxownersgroup.com Date: Tue, 12 Apr 2005 11:42:02 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
Good afternoon,
Due to many requests for an update on the total share and shareholder count, I have instructed our Webmaster guy to place a counter on the CMKX Owners page. The totals are not official as the database can not distinguish between duplications, and typographical errors. I wanted to bring this to your attention today because a shareholder incorrectly reported ownership of 30 billion shares. In our verification process we learned that the amount should have been 30 million. This was an honest mistake made by the shareholder, and we are adjusting the totals accordingly. We will be adjusting for these errors now on a daily basis.
Bill Frizzell
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Post by sandi66 on Dec 30, 2007 12:57:39 GMT -5
From: bfrizzell@cmkxownersgroup.com Date: Tue, 12 Apr 2005 12:43:04 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net Judge Murray's Decision on our motion is now available at www.cmkxownersgroup.com More later, thanks for you support. Bill
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Post by sandi66 on Dec 30, 2007 12:58:20 GMT -5
From: bfrizzell@cmkxownersgroup.com Date: Wed, 13 Apr 2005 12:53:01 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net To The Shareholder Owners Group: Bill has requested that everyone refrain from listening to rumors. The conference call just ended about 20 minutes ago. He is busy writing his update to you, and it will be out shortly. Than you for being patient. For Bill, John Martin
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Post by sandi66 on Dec 30, 2007 13:01:53 GMT -5
Subject: Prehearing Conference From: bfrizzell@cmkxownersgroup.com Date: Wed, 13 Apr 2005 14:27:04 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
To: CMKX Owners Group 4-13-05
The prehearing conference was just concluded. The SEC was represented by Leslie Hakala and John Bulgozdy. Your company was represented by Donald Stoecklein. Judge Brenda Murray presided over the conference. I entered an appearance on your behalf. There was much discussion over re-scheduling of the hearing date. The rescheduling was required because of the many matters that need to be accomplished before the hearing. The Judge wanted to make the hearing convenient to the parties and suggested two alternative sites. All parties agreed to Los Angeles as the city for the hearing. The site of the hearing is undetermined at this point. I expect the hearing to convene in a Federal Courtroom in Los Angeles.
The new hearing date is May 10, 2005. We will receive an order from the judge regarding the place and time the hearing will convene. The judge discussed the issues presented by the SEC’s order and CMKM’s response. Mr. Stoecklein elaborated on the defenses he raised in the company’s response. In summary, the Judge seemed inclined to view the issues narrowly meaning the most critical issue is whether or not the required reports have been filed.
There were discussions about depositions and subpoenas that may or may not be requested as the parties prepare for the hearing. This hearing has the potential for numerous witnesses and the judge will include a deadline for the parties to tell each other and the court who the witnesses will be at the hearing. The Court agreed to consider any requests from the parties if subpoenas were necessary by either the company or the SEC. The SEC urged the Court to consider summary disposition (rule in favor of the SEC without a hearing) but the Court did not agree to do that at this time.
The Court ruled that if either party wished to present experts at the hearing, the party presenting such expert testimony would have to follow her procedure of having certain parts of that expert’s testimony “pre-circulated”. The judge has said very emphatically that this hearing is a fact finding hearing and she will consider all the evidence and hand down a ruling within the 120 days from the date the order was filed by the SEC. This judge is very dedicated to seeing that there is “transparency” in these proceedings. She used this word in the order allowing us to intervene and she mentioned it again. This is a good thing for the shareholders. Transparency in this sense means there should be no hidden agendas or evidence that is secreted or kept from the parties and the public.
There are complications in preparing for this hearing due to the UCAD investigation. It would not be appropriate for me to go into the details of the problems presented by the UCAD investigation. I will direct you back to the press releases which discussed subpoenas to certain company officials as a result of that investigation. I am pleased with how the Judge has agreed to handle any disputes between the parties over this separate investigation. My suggestions to the Court on how to handle the disputes over the UCAD investigation were not well received by the SEC attorneys.
This hearing went as good as could be expected for the shareholders. The company can use the additional time as they work through the problems presented by this SEC action. Donald Stoecklein is doing an excellent job representing the company. The SEC enforcement attorneys are representing their agency in earnest as well. There have been no discussions about resolving this proceeding in any fashion other than asking the Court to deregister the company. I am very impressed with the efforts of Judge Murray to remain an independent jurist before hearing any evidence in this case.
Many people are wondering about discussions of naked shorting and there was not a discussion of naked shorting during this prehearing conference. That is not surprising to me. Our investigation in this area is ongoing. The investigation we are conducting is separate and apart from the things I am working on to prepare for this hearing. I will continue our investigation with the company’s assistance while I prepare for the hearing.
We are discussing a meeting with the SEC in the next few days for a review of the file. The Respondents to this type of proceeding are typically allowed to view the administrative hearing file and obtain copies of certain parts of the file. If I attend that meeting I will report to you the results of this meeting when it occurs.
Sincerely,
Bill Frizzell
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Post by sandi66 on Dec 30, 2007 13:03:01 GMT -5
Subject: Owners Group Update From: bfrizzell@cmkxownersgroup.com Date: Thu, 14 Apr 2005 14:44:02 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
To: CMKX Owners Group 4-14-05
Dissemination Of Personal Info Of Group Members
Greetings all. For clarification to you and to other shareholders who may not be members at this point, I have included specific language in the signup agreement which tells you the purpose of this representation. There seems to be some concern about this someone disseminating information about the members of the group. It would be unethical for a lawyer to disclose any information about his clients to third parties without the client’s consent. I have no intentions whatsoever of disclosing the information that is being sent to this office to anyone. I am setting up separate files for each client and the other clients in the group will not even be privy to another group member’s holdings. I will include all holdings in the shareholder totals and each shareholder will be represented in the shareholder numbers. If the Court requires verification of the group’s numbers or members, I will ask the member for such verification at that time. I have some planned correspondence to some third parties in which I will reference the numbers of shareholders and the total of their respective shares.
Questions Regarding The Reasons For The Delay
Questions have been asked about the reasons for the two week delay in the 12J hearing. It would be a fair summary to say that there are normal things that go on before a contested hearing such as depositions, the exchange of witness lists, exchanging documents and other matters. The judge was the one that first brought up the issue of when an appropriate rescheduling date would be in light of matters that will take place before the hearing. There are simply matters relating to “discovery” that go on between the parties at this juncture. “Discovery” in the legal sense means the parties have certain rights to discover information from the other side before going to court. The need to complete discovery by the parties is the primary reason for the delay. It is sometimes difficult to find a date that is convenient to a judge and three other law firms on relatively short notice but May 10, 2005 was ordered by the court.
Members Of The Group Not Receiving Information
If you are not receiving your updates in the email address included in your agreement, please let us know. The system is set up to add your email address to our list once the agreement is submitted. We have been waiting until the checks were received to add the members that were paying by personal check. We make a copy of the check and the envelope and put it in your file. If someone is not receiving our update, please let us know because there may be some problem. It is not difficult to get such problem corrected.
Cutler’s Resignation
Many of you have heard that Stephen Cutler has resigned from the SEC. Mr. Cutler is the head of the Enforcement Division. The action against CMKX is being brought by the Enforcement Division. This will not likely have any effect on this proceeding. There have been mixed reviews offered on Mr. Cutler. Some say he has been ousted because he was too tough on corporate malfeasance. Some say he was working on the bigger name cases but the ones without the headlines were being ignored. We may never know the real reasons for his resignation. He had a very proactive stance against corporate fraud.
Sincerely,
Bill Frizzell
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Post by sandi66 on Dec 30, 2007 13:04:10 GMT -5
Subject: URGENT UPDATE From: bfrizzell@cmkxownersgroup.com Date: Thu, 14 Apr 2005 16:10:40 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
To: Members of the CMKX Group April 14, 2005 (2nd )
It has been brought to my attention that the SEC is being spammed. I have been told that certain persons are sending multiple emails and some of the content contains threatening messages. Some of the email has been described as personally insulting to various SEC attorneys. I have told the SEC that this spam tactic and letter writing campaign was not endorsed nor ordered by me. You are advised that spamming is illegal. You could and may be prosecuted for such acts. Anyone that makes personal threats against another will have far more to worry about than their interest in CMKX. Such threats are a federal offense and you can believe the FBI and the Justice Department take such threats seriously, as they should.
I am hopeful that if these acts are in fact occurring, that those responsible are not members of the CMKX Owners Group. If they are, you are advised to cease and desist from such activity. We have a judicial process that is in place and working. This activity will only be counterproductive to the company. The Court will certainly not condone such activity.
The SEC receives letters from the public on a regular basis. Legitimate questions, inquiries and comments are expected in an agency that has such a significant place in our society. The acts referred to above go far beyond what is acceptable as an inquiry to the SEC. Sometimes the acts of a few can cause problems for the many. I am spending an increasing amount of my time trying to answer the questions of the members of our group. I will increase my staff if necessary to try and answer the questions you have, but any questions from members of this group should be directed to this office rather than the SEC. I am your lawyer and your questions will be answered.
I maintain my promise to you that you will be regularly informed of matters involving this proceeding through our email setup with this group. Please encourage other shareholders to act civil and lawfully in your efforts to support the company.
Bill Frizzell Cc: Donald Stoecklein
SEC
Judge Brenda Murray
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Post by sandi66 on Dec 30, 2007 13:05:27 GMT -5
Subject: OG IT Test Email From: bfrizzell@cmkxownersgroup.com Date: Sun, 24 Apr 2005 18:25:36 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
To: CMKX Owners Group Shareholders:
From: The OG IT Guy!
I have been given the task of upgrading our system since we have out-grown it so quickly. I apologize for any inconvenience to those not getting the updates. I have been working on this since Friday, and I expect all should be working properly. The system will handle 100k members easily, and will e-mail the same number with no problem. Hopefully this upgrade will last a week or two. LOL For those who have commented on the existing page graphics (seeing that I had about an hour to work on it); just wait to see what I have planned. Oh yea, I almost forgot, I am working on the system so that it can text message those of you are interested when there is an update or important news!!
I have many more idea’s that this system will enable me to do. If you have suggestions, I would like to hear them?
Here is a list of updates to our server:
Intel Pentium IV 3.0 Ghz Processor 2 Gig of Ram capable of upgrading to 4 73 Gig Scsi high speed hard drive 80 Gig Ide back up drive Unix based system 2000 gigs of bandwith Premium Server hardware and software Ultra high-speed internet backbone
Dedicated and managed 24/7
If for some reason there are some who do not get this test update, please e-mail me at
admin@cmkxownersgroup.com and I will investigate further.
Please direct other types of questions to John Martin jmartin@cmkxownersgroup.com or Bill Frizzell bfrizzell@cmkxownersgroup.com
Thank you,
The OG IT Guy
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Post by sandi66 on Dec 30, 2007 13:07:10 GMT -5
Subject: Frizzell Update 4/25 From: bfrizzell@cmkxownersgroup.com Date: Mon, 25 Apr 2005 18:42:28 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net
4/25/05
Greetings Group,
I would like to report on my meetings in Las Vegas last week. I met with Don Stoecklein and others in his office. Don is representing CMKM Diamonds, Inc. in the SEC proceeding. I had the pleasure of meeting Urban Casavant, Carolyn Casavant, Ron Casavant, Mike Williams, and Ed Dhonau. Anthony Demint, with Mr. Stoecklein’s office, was present during most of the meetings. There were other individuals present at different times during the day. Mr. Maheu was out of town and unavailable.
Don Stoecklein is spending long hours preparing for the hearing and guiding the work being done to have the proper financials filed. We have reviewed over 1200 pages of documents which were contained in the SEC’s administrative file. Witness lists and exhibit lists have been exchanged. We mutually agreed upon the terms of a confidentiality agreement. There is certain information which could only be disclosed to me with this confidentiality agreement in place. This was discussed prior to my visit to Las Vegas and was not unexpected. I must be privy to certain information to be able to be an effective advocate for our shareholders.
The company is (and has been) concerned about possible naked shorting of company stock. A plan for assessing the naked short position has been discussed. I cannot go into detail about the plan at this point. I can confirm that actions are contemplated which will identify the naked short position which may exist. We will be continuing this investigation as we prepare for the 12(j) hearing. I share any frustration you may have in my inability to disclose to you more specifically our plan at this point. I am trusting that as investors and business people you can understand why I might not be able to lay out in detail how we plan to document any abuses that may have occurred in this stock. I am convinced there are certain people dedicated to seeing this company fail. Some are members of your boards and pose as friends. They have even joined this group and call and email with innocent questions to see our progress. It would not be helpful to you as shareholders to disclose certain things to these people through this forum.
Questions about the float will be answered as we gather information in this investigation.
I have received requests for reserved seating at the hearing and I simply do not have any control over the seating problem.
We again ask for patience if you get this information from some source other than your chosen email. We have switched to a dedicated server that will allow us to handle a virtual unlimited number of emails.
The numbers of our group were discussed on several occasions during our meetings. There was discussion concerning some other companies that are currently battling the naked short issue. It was pointed out to me that we had one thing the other companies do not have-an educated and organized shareholder group. Of course I knew that but I was proud for you folks when I heard others make that comment. Our recent verified numbers are 1,948 shareholders owning 152 billion shares. I look forward to a visit with you on Wednesday or Thursday.
Bill Frizzell
P.S. Many of you will enjoy viewing the witness/exhibit lists which have been posted on the group’s website.
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Post by sandi66 on Dec 30, 2007 13:08:19 GMT -5
Subject: Update 4/28 From: bfrizzell@cmkxownersgroup.com Date: Thu, 28 Apr 2005 15:55:26 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net To All CMKX Owners Group Members, On behalf of the CMKX Owners Group, I have filed a motion for the purpose of requesting the court to consider finding another courtroom location in the Los Angeles area for the Administrative Hearing. The content of this motion is self-explanatory. Due to the anticipated number of CMKX shareholders expected to attend—the present courtroom seats forty only-- and the witnesses are expected to number at least twenty, I believe this motion to be reasonable and necessary to provide increased seating, thus better transparency for CMKX shareholders, and the general public. I am not requesting a change in the date of the hearing, only the location; when and if Judge Murray responds will be up to her. CMKM’s attorney, Mr. Stocklein, does not oppose the change of location motion on behalf of the company. The SEC received a copy of the motion just moments ago—they have not responded. I will continue to update CMKX Owners Group Members as events develop. To read the change of courtroom motion, go to the CMKX Owners Group web site at www.cmkxownersgroup.com. Bill Fizzell Note: It has come to my attention that some CMKX Owners Group members with Hotmail e-mail addresses are not receiving e-mail updates. It appears the Hotmail "Spam" filter being turned on may cause this. Therefore, we recommend the "Spam" filter be turned off, or add the following e-mail address to your Hotmail address book of bfrizzell@tyler.net. If you know of anyone who is not receiving the updates, please inform them of the possible cause, as it may apply to other e-mail sites other than Hotmail users.
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Post by sandi66 on Dec 30, 2007 13:09:08 GMT -5
Subject: Update 4/29 From: bfrizzell@cmkxownersgroup.com Date: Fri, 29 Apr 2005 08:17:38 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net Good Morning! I wanted to make available to you, the Answer to our motion, to have the courtroom location changed. Go to www.cmkxownersgroup.com The Judge has not made a ruling. More to come! Bill
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Post by sandi66 on Dec 30, 2007 13:09:43 GMT -5
Subject: Extra Update 4/29 From: bfrizzell@cmkxownersgroup.com Date: Fri, 29 Apr 2005 09:28:31 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail bfrizzell@tyler.net Hi everyone! Bill asked me to let you know that there are two more documents available for your reading pleasure. www.cmkxownersgroup.com Have a GREAT day! John Martin
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Post by sandi66 on Dec 30, 2007 13:15:35 GMT -5
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Post by sandi66 on Dec 30, 2007 13:16:31 GMT -5
Subject: SEC Seeks Exclusion Of Naked Short evidence! From: jmartin@cmkxownersgroup.com Date: Mon, 2 May 2005 14:26:40 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com Dear Group Members, Greetings! Preparation is underway for the presentation of evidence on May 10th, 2005. The SEC has requested a ruling from Judge Murray in advance of the hearing on any evidence of Naked Shorting of CMKX. The SEC contends that evidence of Naked Shorting is immaterial and irrelevant. This will be a case of first impression. Judge Murray will respond prior to the start of testimony to the SEC's request. More to come. Onward! Bill See www.cmkxownersgroup.com for the SEC Motion
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Post by sandi66 on Dec 30, 2007 13:30:17 GMT -5
From: jmartin@cmkxownersgroup.com Date: Tue, 3 May 2005 17:57:04 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com Dear Group Members, One of the most difficult things about representing a large group is the inability to maintain personal communication with the members. When this group was small, I was able to return emails to most of you individually when I received mail from you. Due to the required legal work and large number of emails of late, I have not been able to return most of your messages for several days. I plan on returning each email but some responses may not come to you before the hearing. I regret that sincerely. There a quite a few tasks remaining before the hearing. As of today, I have been provided over 4,000 pages of documents and exhibits. The company has received an updated NOBO list. The hard copy is voluminous. There have been many motions and responses from all parties. There have been subpoenas and witness lists and amendments to most of them. I have prepared trial briefs on several critical legal issues that may come up. I have discussions with at least four different lawyers on a daily basis. I have posted ONLY those items that I felt might be of interest to you. I will continue to do so. I remain committed to a confidentiality agreement as to certain items. The Response to the Motion In Limine has been filed with the Court. I will advise you if we receive a response to the Motion. You may view it at www.cmkxownersgroup.com I look forward to the next few days. Onward. Bill
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Post by sandi66 on Dec 30, 2007 13:31:19 GMT -5
Subject: Update 5/4 From: jmartin@cmkxownersgroup.com Date: Wed, 4 May 2005 11:49:29 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com May 4, 2005 Dear Group Members, Attached is a motion we are filing with the court on this date to secure permission to video the proceedings. I have been informed by the SEC that they will oppose this motion. We will inform you of the ruling by the Court on this motion when I receive it. We are pleasantly surprised at the growing numbers of our group. It has been a busy day around here. Please be patient with the fax and the pay pal situation. There were simply some overloads following the press release from the company. You can view the motion on our website www.cmkxownersgroup.com Onward, Bill
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Post by sandi66 on Dec 30, 2007 13:32:01 GMT -5
Subject: Extra Update 5/4 From: jmartin@cmkxownersgroup.com Date: Wed, 4 May 2005 16:45:11 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com SEC opposition to the video transmission. www.cmkxownersgroup.com Onward! Bill
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Post by sandi66 on Dec 30, 2007 13:33:57 GMT -5
Subject: URGENT!! From: jmartin@cmkxownersgroup.com Date: Thu, 5 May 2005 18:04:19 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com URGENT PRESS RELEASE TO ALL CMKX SHAREHOLDERS Many of you know our shareholders group has been tabulating information to fully document the existence of a naked short position in CMKX stock. We have assembled a mountain of evidence through various TA records, NOBO lists, OBO lists and from the database of our shareholders group. The records we can obtain before this hearing will be important to the proof of the stock manipulation that has occurred in this stock for many months. This is not a plea for assistance to any particular board or owners group, this is a request for information to ALL CMKX shareholders. A Call To All: It does not matter whether you have 1 million shares or 1 billion shares, confirmation of your holdings is vital to the proof we are assembling. This call is going to all shareholders including those that have sent in your shareholders agreement. We are now requesting verification in a form that will allow us to submit our proof in a legal proceeding. We Can Get Over The Wall: We are convinced that stock ownership is a highly regarded secret in the marketplace for many reasons. Unfortunately for the small investor, the secrecy surrounding such ownership allows mountains of common stock to be sold and it is nearly impossible to accurately determine the number of shares sold in any one particular issue. The DTCC and the SEC are the only organizations who have easy and complete access to these records. They repeatedly resist all efforts by companies to obtain records of their own stock positions. There is one thing that each of you shareholders have in your possession that will allow you and your company to prove naked short sales. That is a monthly summary of the shareholdings you receive from your broker. Imagine the concerns market makers, broker/dealers and any guilty parties might have if all shareholders combined their reports and the real sales of stock were proven. You have a right to know how many actual shares are being held by other investors. Preliminary Share Numbers: Our initial reports from our group indicate ownership of over 210 billion shares of company stock and we are working on reports from 4,000 shareholders. The OBO and NOBO lists received today from the Company prove that nearly 60,000 accounts/shareholders exist in this stock. We have evidence that this number is far short of the actual number of shareholders. We need your help to prove the shares that have been sold in your company stock. Current Owners Group Members Must Also Assist Us: We recognize that many of you have sent your information in your signup agreement. Your file has been established in this office and your numbers have been tabulated in the group. The information we are requesting is similar but we need a copy of your end of March statement from your broker. Please follow the directions below. The Method: What Information Is Requested? Please provide the following account information for each account you hold. We are seeking information contained in your brokerage statement for the month ending March 31, 2005: This information is all contained in your statement. It could be as simple as pulling it up online and email it from the site. Or push print and take it to a fax machine. Your full name Your Broker’s name(s) Number of shares held electronically in account(s) The CUSIP number [the number CMKX stock is assigned] Type of account(s) shares in which shares are held: Margin, Cash or Retirement Directions for Copying Account Information: There are three ways you may provide information: Copy information from your electronic statement and paste it into a word processing program or directly into an e-mail and e-mail it Print out a copy of your electronic statement and fax it Fax a copy of your paper monthly statement. If it is possible to submit this information on a single page or two, it would be greatly appreciated! Note: Feel free to black out any information that we do not require, such as other securities held, addresses, or any other information except what is requested. Directions for Transmitting Account Information If e-mailing, e-mail to nakedfax@cmkxownersgroup.com. If faxing, fax to 903-595-4249. If the system if busy, please continue faxing until successful. Time is of the essence; therefore, if you want to add your share count to the total, do not hesitate; fax or e-mail your account information today. If you have questions, call me at 903-595-1921; my assistants or I will gladly answer any of your questions. Please be patient as we will be keeping long hours and fielding many calls. In Conclusion The Administrative Hearing is next Tuesday. The presentation of a large share count may demonstrate, not only to Judge Murray and the SEC, but also to the media that short selling of this stock have occurred in amounts rarely seen in the market place. I urge you to act now and decide to help by adding your share count to the total count by faxing or e-mailing your information and share count. Note: Only send account information indicating the total shares held electronically in your broker account(s). Your friend and fellow shareholder, John Martin PS: I encourage everyone, who has not joined the CMKX Owners Group, to do so by going online at www.cmkxownersgroup.com. Please complete the CMKX Owners Group Agreement so we may open your file and continue to send our updates to you. Please post this everywhere possible! FOLKS, THIS IS VERY IMPORTANT: Bill Frizzell
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Post by sandi66 on Dec 30, 2007 13:34:59 GMT -5
Subject: Early Morning Update 12:40 AM From: jmartin@cmkxownersgroup.com Date: Fri, 6 May 2005 22:40:41 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com
Dear Group Members, May 7, 2005
A very exciting week is coming to a close. I want to thank each of you from the very bottom of my heart for the support you are providing to this group. Each and every CMKX shareholder and the company will benefit from your efforts.
You would be proud to meet the crew John Martin has assembled to handle the tasks this week-end. We have the capabilities to receive, digitize, sort and preserve the most important document you have in your possession - a broker’s confirmation of your owned CMKX stock.
We have scheduled our helpers so that my office is staffed 24/7 until John and I leave for LA Sunday evening.
For a number of reasons, I will not disclose the total number of shares we have verified until I am allowed to do so in the hearing on Tuesday. I am a bit anxious as we conclude this week. We had some glitches earlier in the week as we built the network to assemble this data. Precious days passed as we planned an efficient way to gather the necessary information. I am painfully aware we have only two full days before we leave for Los Angeles to verify this information. Most of you who are reading this message have already sent in your brokerage statements. For that I thank you. Those that have not, please take the time to fax your account summary to 903-595-4249.
We had some people with professed experience in guesstimating numbers based on our groups’ sampled data tell us our owned shares will be an astounding number greatly exceeding the company’s declared outstanding stock. If the shareholders, for whatever reason, do not get this message or decline to send their information to us, we have missed a valuable opportunity to prove to others the abuse this stock has endured.
There are many ways to enter a room. You can tap lightly and watch the door swing slowly into the room. You can give it a good shove and watch it bang against the wall when it stops. Or you can kick the door completely off its hinges and watch the frightened look of those in the room. I am hopeful we can get the word out and let us "kick the door in" when we reveal the outstanding shares we can document.
Please contact every person you know that owns CMKX stock and encourage them to take a moment during this Mother’s Day Weekend and get us their summaries. I hope to get you a report later today (Saturday) on our efforts.
Onward.
Bill
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Post by sandi66 on Dec 30, 2007 13:36:48 GMT -5
Subject: Extra Update 5/7 From: jmartin@cmkxownersgroup.com Date: Sat, 7 May 2005 09:03:42 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com
May 7, 2005 (2nd) Dear Group Members,
It appears our efforts to have a video production of the hearing were to no avail. You have probably seen the response from the SEC opposing our efforts to have an offsite video showing of the hearing. I had asked Judge Murray to withhold her ruling until I was able to get permission from the Federal Courts to have a video production.
Thanks to some quick work by Al Hodges, a very good lawyer in Pasadena, California, I learned that many of the federal courts had built in video conferencing equipment already installed in the courtroom. From a security standpoint, the Federal Courts (and many other courts) objected to strangers bringing in video equipment and being able to photograph the interior of the Court facilities. Mr. Hodges jumped through quite a few hoops to get the Court personel to agree to allow the use of the video conferencing equipment that was already on site. Mr. Hodges was preparing a modified request for Judge Murray when he learned that Courtroom #1339 was one of the few courtrooms that did not have the video equipment built in. We appreciate Mr. Hodges efforts on the ground in Los Angeles for all the shareholders. I am ceasing my efforts to get this hearing televised.
We are pleased to report that account summaries are arriving every few seconds. We have noticed that there are many members who have joined that have not sent in a copy of their statements. Many people have called and asked if their positions were already included in the evidence we are assembling. Your group agreement allows us to include your share numbers as we speak of the group’s numbers but the shares will not be added in the court documentation if you have not sent your share summary in. The documentation we will be offering in evidence is actual information obtained from your broker via your monthly summaries. If you have not sent a summary to us since Thursday (5-04-05), your shares will not be in the documentation that will go to Judge Murray. I am proud to speak of the numbers of shares contained within our group but I can only offer the share summary as evidence. To explain it in legal terms might take a while, but simply said a reproduction of your statement carries more legal weight than our employment agreement where you simply state your holdings.
Folks, we need every provable share before we shut her down Sunday evening. Please get your brokerage statement faxed to 903-595-4249 if you have not already done so. Please send only the critical page that has your CMKX holdings on it. We have received some 15-20 page summaries and it is causing some delays. Each document is being identified separately and being encoded with an identifying number. The main info is the name on the account, the number of shares and the broker’s name. Cusips are helpful but not necessary. If the required information can come with one page, we would really appreciate it.
It is too easy to adopt the attitude that many people have about voting. i.e. My vote won’t change the election so it won’t matter if I decide not to vote…Enjoy your weekend but help us if you have not sent your statement in.
Onward,
Bill
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Post by sandi66 on Dec 30, 2007 13:39:23 GMT -5
Subject: Update 5/11 From: jmartin@cmkxownersgroup.com Date: Wed, 11 May 2005 17:58:25 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com
May 11, 2005
Greetings Members.
It has been an interesting couple of days. It was nice to finally get to meet some of you. You are to be commended for making arrangements to attend the proceedings. Judge Murray took the time to acknowledge the presence of the shareholders on several occasions during the hearing. I truly believe your participation in this process is very helpful to the company.
I have mixed emotions about the hearing yesterday. I was glad to see the judge referencing the interests of the shareholders in her questions to some of the witnesses. I was disappointed in her refusal to allow any significant evidence about naked shorting. This was somewhat expected in light of her ruling on the pre-trial motions which were handed down last Thursday. Judge Murray apologized to the company, the SEC and our group for not informing us of her rulings last Thursday. Judge Murray read her rulings into the record when she was told that none of the parties had received her rulings which were entered on May 5, 2005.
Please remember that as your representative, I was permitted to participate but only in a limited fashion. I was not allowed to present witnesses or offer evidence of our own because we were not one of the named parties to the proceeding. My intention was to present evidence through the company’s witnesses. I was able to do so through my cross examination of the government witnesses and the individuals put on the stand by the company.
The Court began the hearing by telling the SEC that evidence of naked shorting was not a material issue in the hearing. Mr. Stoecklein advised the Court that certain evidentiary items were tendered to the parties late last week. He informed the Court there may be some responsive exhibits we (the company and the shareholders) may want to offer after the hearing since we received certain items from the SEC just a day or two before the hearing. The Judge informed us that she had a policy of allowing exhibits to be offered until she handed down a ruling in the matter. I made a decision at that time to withhold my offer of the exhibit we put together on the shareholders holdings until after the hearing.
It was frustrating to see the judge exclude Mr. Stoecklein’s offer of evidence of the evaluation of various properties. Ed Dhonau was to testify about the value of the claims in Canada and the value of the gold mining operations in Ecuador. This would have been helpful to you. There was information from Rendall Williams about revenues from mining. Mr. Williams appeared reluctant to answer questions from me and Mr. Stoecklein. I wish I could offer a full and understandable reason Mr. Williams’ testimony.
We learned on Friday before this hearing that Neil Levine, the auditor that had been paid $100,000 in January to work on our audit, had sent Mr. Stoecklein a letter withdrawing as the auditor. A letter of this nature sent two days before a hearing of this significance is unusual to say the least. Mr. Levine testified that he was simply too busy to continue waiting on the necessary underlying documents to continue in his work. This letter came with no warning to Don Stoecklein or Mr. Maheu. Mr. Levine had billed over $70,000 of the company’s retainer and brought an attorney with him to the hearing. He testified that the company would be receiving a bill for his attorney’s fees because that was provided for in the engagement letter with his firm. I expressed my concern about the timing of his actions when I questioned him. I am still bothered by his answers to my questions. It took no time for Mr. Stoecklein and Mr. Maheu to get another auditor lined up. I do not have his name but I have been told another auditor has been engaged and he is an auditor that Mr. Stoecklein has worked with in the past.
I was very impressed with the employees hired by Mr. Stoecklein to continue the work on the financial reports. When the records are accumulated, the staff is in place to finish the bookkeeping for transferral to the auditor.
You have probably heard that Urban took the 5th amendment when asked questions about the company. I wish I knew the underlying problems that caused Urban to have an attorney representing him at this hearing in addition to Mr. Stoecklein. I have no knowledge of the reasons and I will not speculate nor offer any opinion on that matter.
Mr. Maheu’s appearance was well received. He testified that he was there to assist the company in meeting its compliance obligations. The Court was most respectful of Mr. Maheu. The judge very bluntly asked if he had ever considered that the company might be using Mr. Maheu for his good name and remarkable track record.
The Court has established a briefing schedule which tells the parties when legal briefs are due on the various issues raised by the evidence. Any brief I choose to submit on your behalf will be due in the middle of June.
An interesting letter has surfaced in the investigation that we are doing into naked shorting of company stock. I am seeking agreements of the parties to post a copy of that letter. Please remember that I am under a strictly worded confidentiality agreement. I can of course relay what everyone heard in the hearing. There were some discussions about stipulations of certain evidence being offered by the SEC. There is a letter written by the general counsel of Jefferies to the NASD that I think is very interesting. The SEC was seeking some evidence to support their view that CMKX is not naked shorted and apparently made a call to the NASD. This letter was forwarded to the SEC. Please do not speculate on the significance of this letter until you have the opportunity to view it. This is a letter that reveals an explanation of sorts on some trading that occurred in 2004 in CMKX stock. I hope to be able to post this letter in the next few days.
The SEC attorney stated in Court yesterday she did not believe a naked short position existed in our company stock. Mr. Stoecklein had discussed the issue with her prior to the hearing and a meeting was tentatively set while we were all in town for the hearing to discuss the issues of naked shorting. Mr. Maheu, Anthony Demint, Mike Williams, Don Stoecklein and I met at the offices of the SEC this morning. We visited with Ms. Hakala, Mr. Glynn and the regional supervisor. The meeting lasted two hours. There was a full discussion of the issue of naked shorts with the enforcement attorneys. We took the current NOBO list with us and the work we have accumulated based on your faxed in brokers confirmations from last week. Although we have documents that prove a huge naked short statistically speaking, I am insisting that we have stand alone proof of share ownership. The SEC knows we are dedicated to acquiring the information necessary to prove our outstanding stock. We came away with no formal agreements but we have established some dialogue to proceed from this point. When I return to the office I will issue another update suggesting some ways to continue gathering our “facts”. Please believe me when I say this fax campaign is very important.
Sorry about the length of this update but I thought it might be helpful to those of you that did not get to attend the hearing. I have already heard of many rumors and that are being spread by some people not interested in the company’s well being. If you do not hear it from this office or in an official PR from the company, I would ask that you do proper due diligence before accepting something as fact.
We must continue our efforts.
Onward,
Bill
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Post by sandi66 on Dec 30, 2007 13:40:58 GMT -5
Subject: Update May 12 From: jmartin@cmkxownersgroup.com Date: Thu, 12 May 2005 10:00:15 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com Update May 12 Good morning, The Jefferies letter in which I referenced yesterday is now available on the Owners Group web site found at www.cmkxownersgroup.com . We have begun on your behalf a separate investigation into all parties associated with this letter. Today is a travel day for John Martin and myself, so we will not be available for questions until tomorrow. Feel free however, to call or email the office today if it is absolutely necessary. Goldie or Jill may be able to assist you. Onward! Bill
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Post by sandi66 on Dec 30, 2007 13:43:53 GMT -5
Subject: FOI Letter From: jmartin@cmkxownersgroup.com Date: Tue, 17 May 2005 06:04:23 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com
May 16, 2005
U.S. Securities & Exchange Commission FOIA Office, Stop 0-5 6432 General Green Way Alexandria, VA. 22312-2413
Re: FOIA Request on behalf of CMKX Shareholders
Dear Sir or Madam:
Under the Freedom of Information Act (FOIA), please send me the following:
1. The most current records the SEC has received from the National Securities Clearing Corporation (NSCC), as it relates to “fails-to-deliver” (in shares) for CMKM Diamonds, Inc. (CMKX) for the period of April 1, 2005 through April 30, 2005 (hereafter referred to as [time period]). I am requesting that you provide this information by clearing firm. I will accept totals if for some reason you are not able to provide this information by firm. I am prepared to pay any reasonable fee for your charges in the search and retrieval of this information. It is my understanding that this information is provided to you on a regular basis pursuant to Regulation SHO.
2. In connection with 1. above, please provide all “Rec. A Sheets” aka Reconciliation Clearing Sheets for CMKM Diamonds, Inc. during the relevant time period.
3. All written information from your office to the NASD regarding your inquiry into the stock trading history of CMKM Diamonds, Inc. (CMKX) since January 1, 2003. Specifically I am requesting any written inquiry made by your office to the NASD regarding the outstanding stock of CMKX. This inquiry resulted in a letter by Jefferies & Company, Inc. to Ms. Anne Glowacki at the NASD on May 6, 2005. See attached Exhibit “A”. This request includes any information which may be contained on a “Blue Sheets” request or any response from any parties to such “Blue Sheets” request. This includes responses received through the EBS. This request applies to the response of any market maker, broker/dealer or other firm that has provided information as a result of this inquiry or investigation.
This request is being made on behalf of 5,050 shareholders of CMKX stock. These shareholders own over 300 billion shares of common stock. This number does not include shareholders who possess certificates of ownership. A current NOBO/OBO list has confirmed that there exists a minimum of 59,669 accounts in various firms with holdings of CMKX. A December 2004 certificate detail report from the transfer agent states that 2033 people hold certificates of ownership. Those certificates represent 326 billion shares being held by individuals other than Cede and Co. By these numbers 626 billion shares are owned by only 7,083 shareholders. The company states that 703 billion shares are issued and outstanding. The CMKX shareholders that own the balance of the 59,669 accounts (an estimated 50,000) are confirmed owners of the remaining of the outstanding stock. I trust you can understand our need for the information requested in this document. I will be glad to provide you with documentation of my group’s share ownership upon your request.
I am mindful of all exemptions applicable in the Freedom of Information Act. I am mindful also of the pending litigation between your office and others who have made similar requests in other securities. On May 11, 2005 I met with Leslie Hakala, SEC Enforcement Attorney, Gregory Glenn, SEC Chief Litigation Counsel, and Andrew Petillon, Branch Chief of Enforcement at the Pacific Regional Office in Los Angeles regarding issues over CMKX stock. I was asked whether or not I had requested this information through a Freedom of Information Act request and I informed these individuals that I had not made a FOIA request. I am making this request in light of their inquiry. These documents are being requested solely for informational purposes.
I have the authority of my clients to enter into any reasonable confidentiality agreement as to specific names and numbers, but I fully intend to inform my clients of the general findings from your documentation. If you should refuse this request, I will follow the procedures outlined by statute and we will seek this information through litigation. I am hopeful you will be mindful of the mission statement of the SEC and consider this request in light of your obligation to protect the investing public.
I await the response from you per the timelines set out in the statute. Sincerely, Bill Frizzell Attorney for the CMKX Owners Group
Cc: John Martin Don Stoecklein Leslie Hakala
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Post by sandi66 on Dec 30, 2007 13:47:30 GMT -5
Subject: Extra Update 05/17/05 From: jmartin@cmkxownersgroup.com Date: Tue, 17 May 2005 15:35:52 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com May 17, 2005 Letter to the Troops Greetings to All, Yesterday, a very supportive shareholder came by the office as he was in town handling other business. During an office tour and subsequent conversation it occurred to me that many of you may not fully understand the task we have undertaken; therefore, the following. John and I have conducted many tours of the work areas for quite a number of shareholders in the past weeks, but this particular tour gave me reason to write this letter. The questions from this shareholder were similar to questions asked by most of you in emails and phone calls. However I feel the need to digress for a moment and review the big picture of what our mutual task has become. War on Naked Shorts Thousands of CMKX shareholders have invested millions (and possibly billions of dollars) in a micro penny stock having the potential to become a solid long term investment and may enjoy a huge run-up in the short run if progress can continue to be made on several fronts. This investment by shareholders was made during a time when a serious trading technique known as naked shorting flourished in the market place. Most of us knew little of its damaging effects and were willing to risk substantial funds once we heard of the potential value of the claims owned in Canada by CMKX. As we all sit amazed at the unending cellar boxing of our stock, we have joined together to fight the lawbreakers responsible for this illness in the stock market. Are We Fighting Some Death Spiral Financing? I will try not to be overly dramatic about the effects on our stock of the market participants that see no problem violating SEC covering rules existing on the SEC books since the passing of the 1934 Act. To add to our challenge, we are slowly learning about another devious financing technique known as death spiral financing: this is a bastard child of naked shorting. The effects are the same for the most part except a takeover by the financier is sometimes an initial underlying purpose. I cannot confirm that CMKX management entered into any such agreement, but I have serious concerns about the distribution of our stock and how certain people came into possession of that stock. I will have more info for you as my investigation proceeds. As I see it, this is merely one more battle for us as a group. As our staff pours over stock transfer records and the NOBO/OBOlists, in conjunction with various pr’s and documents we have found from 2002 and 2003, we are piecing together a very detailed chronology of company events and transactions. I am not sounding an alarm nor am I ready to point fingers, but we are gaining the knowledge needed to proceed and help our company.. The Immediate Task I took delight in answering questions yesterday regarding the assembly line we have set up to document the share ownership by the vast majority of CMKX shareholders. We have gone to great expense to use current technology to assist us in creating a digital mass of records, which can be presented, in one single CD to anyone requiring proof of the massive short selling of our stock. I read yesterday that Senator Shelby has become interested in looking into the CMKX matter--wouldn’t it be nice if we could hand Senator Shelby and others a single CD proving, without question, that a company’s stock had been naked shorted and that such shorting continues as we speak? Never before has any company sought to gather monthly statements from its shareholders to show what sales have occurred through the brokerage houses as proof of illegal short selling. We have been told we will be lucky to get 20% to 30% of the shareholders to respond to our requests. Fortunately for us, even 20% to 30% will document a massive naked short position in this stock. Very few of the group’s members have actually seen the final work product of the fax in campaign. When I met with the SEC on the day after the hearing in Los Angeles, I carried with me a 100-page summary containing a line of information for every shareholder that faxed his or her statement into our office. I also carried a CD ROM, which contained a tif. file for each document faxed to us. Any person (Congressman, Judge, or SEC Attorney) can put this CD in his or her computer and have access to the information we have compiled. The first page appearing on the CD reads as follows: Exhibit __ CMKX DIAMONDS, INC. Shareholder List (verified by brokerage statements and issuer current NOBO list) Total Share Amount: 302,097,079,212 First Name Last Name Acct Num Acct Type Share Amount Broker Cusip File Name Each page with the heading above has fifty lines containing the above info on fifty different shareholders. When anyone clicks his or her mouse on any one line, the document pops up in its entirety. It will be difficult for anyone to dispute our evidence when gathered in this way. The ultimate key to our success is to have as many shareholders as possible forward their information to our office so we can document the total owned shares. Why have companies never taken the trouble to combat the naked short sellers? More often than not the company being victimized is on shaky grounds to start with. Generally, they have a poor product or unscrupulous management. The devastating effects of such short selling have proven effective in bankrupting the targeted companies so in most cases the investors write off the loss and simply swear off pink sheet stock investing. Well, I am proud to say that I represent thousands of shareholders who want to straighten out this mess and are willing to back the company for the fight. Many Americans have a dream of starting a small company and some day walk it through the steps of becoming a public company. Should everyone have to fear an attack and market manipulation by market makers and hedge funds if they want to start small in the market and work their way up? Should everyone be forced to fear collusion by the brokerage houses and the market makers when you deliver your hard earned dollars to your broker? The answer is a very emphatic NO! Thus, I encourage you to continue banding together and keeping up the good fight. You would be amazed at what a group of 50,000 people with a common purpose can accomplish. I want to accumulate monthly brokerage statements totaling one trillion shares in this stock. I am confident this goal can be reached in a reasonably short period of time. We are beginning our mail-out campaign today to many shareholders that have not faxed in their share information. I would appreciate your encouragement to those that have not sent their info in for whatever reason. This documentation will serve you well. We will report to you our progress. Onward, Bill PS. Check out the newly designed CMKX Owners Group web site at www.cmkxownersgroup.com If you have not already sent in your brokerage statement, go to the web site in the document section and click on the icon titled Naked Short Fax Campaign and follow the directions.
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Post by sandi66 on Dec 30, 2007 14:15:07 GMT -5
Subject: Update 5/18/05 From: jmartin@cmkxownersgroup.com Date: Wed, 18 May 2005 17:25:22 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com
Dear Group Members, May 18, 2005
An 8K was issued today by the company and I am looking into the specifics of the information. My direct contact with the company comes through Don Stoecklein’s office. Mr. Stoecklein will be out of the office for the next ten days. Mr. Stoecklein informed Judge Murray of this scheduled trip during our first pre-hearing conference in April. I mention this so that there are no inferences drawn as a result of his unavailability. I have already discussed with his staff some of the concerns we have since reviewing the 8K and some missing information from the drilling report. The staff is checking into our concerns and has assured me they will get back to me. I will report to you when I have some answers from Mr. Stoecklein’s office.
Onward,
Bill
P.S. I would like to thank those that have responded to the Fax Campaign and special thanks to those that were able to fax their info in on a single page. It makes data entry much easier. Please fax your info if you have not to 903-595-4249
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Post by sandi66 on Dec 30, 2007 14:20:56 GMT -5
Subject: Update 5/22/05 From: jmartin@cmkxownersgroup.com Date: Sun, 22 May 2005 16:27:40 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 Fax (903)595-4383 E-Mail jmartin@cmkxownersgroup.com Troops, Our fax-in campaign is proceeding. I am attaching a copy of the letter that is going out to the remaining shareholders that have not responded to our request for information. I am pleased with the results so far. We must continue our efforts however. Feel free to circulate this letter and the fax cover sheet to anyone you know that would be willing to send their information to us. Onward, Bill May 22, 2005 Valued Shareholder 1414 Diamond Way Help Ur Company, Nevada Dear Valued: I have obtained your name from a stock information company as a possible owner of CMKX stock. Some very important legal proceedings have taken place recently which will effect the value of your CMKM Diamonds, Inc. stock. It is our understanding that the company is preparing financial reports for 2002, 2003 and 2004. The annual report normally filed by a reporting company states the number of outstanding shares. As most of you are aware there has been substantial trading activity in your stock over the last year or two. For the benefit of other shareholders and the company, this firm has agreed to contact all company shareholders of record to verify the number of actual outstanding shares that exist in CMKX stock. I have received information from over 7,000 shareholders at the time of this letter. The number of shareholders is between 50,000 and 60,000 based on current reports. My apologies to you if you have already sent your information to this office. We are asking that each shareholder send to us the most recent statement from their broker which evidences their present ownership in CMKX stock. Most people have sent in their March (04) or April (04) statements. If you do not receive a monthly statement, we would ask that you print out an online copy of the page showing your holdings and send it to us. Some people are asking their broker for a copy of their statement and they are forwarding the same to us. I am providing with this letter a fax cover sheet which has a space for the vital information. Writing in this information will assist us in the data entry process we have set up in this office. Please attach your statement to the fax when you forward this information to us. You may delete any information in your statement regarding other stocks or other personal information. You may also delete your account number. This information is extremely important to the shareholders and the company. Call our office if there is any way we can assist you in this request. Please fax this information to 903-595-4249. You may want to visit the CMKX Owners Group web site at www.cmkxownersgroup.com to learn of the recent activities in your stock. Call us if we can offer any assistance. Your help is sincerely appreciated. Very Truly, Bill Frizzell 305 S. Broadway, Ste # 302 Phone: (903) 595-1921 Fax: (903) 595-4383 Frizzell Law Firm Fax To: From: Bill Frizzell/ Goldie Fax: Date: May 22, 2005 Phone: Pages: Re: CC: Urgent For Review Please Comment Please Reply Thanks so much for your help in this matter. Please print the following information pertaining to your monthly brokerage statement. This fax cover sheet will allow us to enter your info in our database more efficiently but the information must be accompanied by the brokerage statement. Merely filling in this information on this sheet does not allow us to obtain evidence (your statement) as proof of outstanding stock. Last Name: _____________ First Name: _____________ Number of Shares (with commas) _____________ Brokerage Company _________________ Cusip Number (Only if it is on your statement) __________________ Your help is so greatly appreciated. Call our office if it is necessary to clarify any of these matters. Bill Frizzell For the CMKX Owners Group
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Post by sandi66 on Dec 30, 2007 14:21:54 GMT -5
Subject: Revised UPDATE From: jmartin@cmkxownersgroup.com Date: Mon, 23 May 2005 11:54:09 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com To The CMKX Owners Group:: Thanks to all of you who spotted a few errors in yesterdays Update. We have created an HTML page of both the letter that is going out to all shareholders of record and a copy of the Fax cover page to be faxed in with the most recent Brokerage Statement. Both documents can be copied and pasted onto the boards or onto an e-mail for you to send to anyone you may know that has not faxed their statements. cmkxownersgroup.com/faxpage.htm Fax cover letter to be faxed with Brokerage Statement cmkxownersgroup.com/faxmailout.htm Letter to Shareholders of record Thank you for your patience and input! For Bill, John Martin
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Post by sandi66 on Dec 30, 2007 14:22:46 GMT -5
Subject: UPDATE 5/25/05 From: jmartin@cmkxownersgroup.com Date: Wed, 25 May 2005 10:07:42 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Dear Group Members, May 25, 2005 The fax in program is going well. I want to express my sincere thanks to those that have been able to fax their info on a single page or two to the fax-in line (903-595-4249). The process is working well and our numbers continue to flow in. As a result of your efforts, we have accumulated data that will be instrumental in assessing the actual shares purchased in this stock. We have taken some very incomplete totals and were not surprised with the results. We decided we needed further information from a couple of the brokerage houses. The letters we have sent to Ameritrade and Etrade on this date are self explanatory. Thanks for all your efforts. Keep it up. You can see them at www.cmkxownersgroup.com Onward, Bill
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