|
Post by sandi66 on Dec 30, 2007 16:54:46 GMT -5
Subject: November 4, 2005 update From: jmartin@cmkxownersgroup.com Date: Fri, 4 Nov 2005 15:12:35 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and all CMKX Shareholders, If you have not received a copy of the press release from the company today, please go to our website and read it. (www.cmkxownersgroup.com) It is an important press release that will affect your rights to receive Entourage stock which has been acquired for the sale of certain company assets. I have agreed to be a member of the Task Force appointed by the company to help in distributing certain assets of the company. I am convinced it will be helpful to the shareholders for me to work with Don Stoecklein and Bob Maheu as this distribution occurs. There is much discussion among the shareholders about the pros and cons of the Entourage transaction and this cert pull ordered by the company to identify the shareholders. Whether you are in agreement with the Entourage transaction or not, I strongly encourage all shareholders to join together in this campaign to identify the stockholders of this company. There are many factors which I believe have brought us to this point in the saga of CMKX. Without engaging in a lengthy discussion of all such factors, there is no question in my mind that this stock has been manipulated by the third parties for quite a while. I remind you of the Jefferies letter that was uncovered in the administrative hearing. The SEC has resisted giving us proof of massive fails to deliver in this company until coincidentally a final revocation order was entered. I may now be able to get information that you have been entitled to receive for months. Brokerage houses have refused to answer all of my requests for information about short positions in this stock even though they have a fiduciary duty to you to disclose such facts. Our office has already received numerous complaints from shareholders that are having difficulty getting certs from their brokers. I fully expect this to get worse. This office is aware that most brokerage houses are unable or unwilling to help you obtain certs to which you are entitled. You should request written documentation from the brokerage houses and forward any responses you receive to the Task Force and my office. You have read from the last two company press releases that Bob Maheu, with the company’s consent, is prepared to institute litigation to see that all shareholders are identified and that all shareholders receive their proportionate share of the distribution. I will join Mr. Maheu and Mr. Stoecklein in their efforts on your behalf. The press release from the company today informs you that a web site is being built to facilitate communication between the shareholders and the task force. You are directed to make your inquiries through the task force site at www.cmkmtaskforce.com . The company secured this site for the sole purpose of providing information to the shareholders during this shareholder identification process. If you have any ideas regarding the content areas for this site, feel free to make your suggestions. You will be directed by the information on the Task Force website to fax copies of your certs to a designated number. You should keep your original cert in a safe place. We do not believe at this time that it will be necessary to send your original cert to the company. The directions for faxing will be clearly posted on this site next week. I am told this site should be fully functional by mid week of next week. Your patience will be greatly appreciated during this time. Obtaining an accurate list of the many thousands of CMKX shareholders will be a daunting task. I look forward to working with all of you to make this list as accurate as possible. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 16:55:35 GMT -5
Subject: Novermber 4, 2005 2nd update From: jmartin@cmkxownersgroup.com Date: Fri, 4 Nov 2005 16:10:59 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Dear CMKX Shareholders,
Please do not fax certs to my law office or to The Owners Group, Inc. We are already receiving certs on our fax line. We are not set up at this time to receive these faxes. The system we are setting up is similar to the one we used when we collected the brokerage statements. We will make a digital file copy of your cert and will assign a number to the file. We will then input the information into a data base. This takes extra staff and components added to our fax system that are not in place at this time. I am appreciative of your efforts but please wait until instructions are given on the Task Force web site.(www.cmkmtaskforce.com) The fax number will be different from my law office and The Owners Group, Inc.'s office. I am hopeful this information will posted to the task force site by mid week of next week.
Thanks,
Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 16:58:15 GMT -5
Subject: Update 11/10/05 From: jmartin@cmkxownersgroup.com Date: Thu, 10 Nov 2005 14:40:31 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and CMKX Shareholders, I am proud to be working on the task force with Bob, Urban and Don. I have shared with you many concerns that I have had with the company in the last year or two. I am glad to say we have a project now that allows us all to work together with a specific goal in mind. Bob Maheu said in the company PR on November 4th that we should concentrate our efforts on the future without dwelling on the past concerns. The task force members have quite a responsibility to make all shareholders aware of this request for certificates. This means that ALL shareholders are entitled to notification, not just the ones reading the boards. I began discussing my concerns about the plan for notification with Urban, Don and Bob a couple of days ago. I am impressed with the company’s attitude towards the work suggested by the task force. The company is fully aware of the task force’s intention to contact all shareholders and using all resources necessary to do so. There have been discussions of using various forms of media as well as the sources normally called on for proxy type notices. The company understands the expense of undertaking a task of this size and has agreed to fund such expenses. My experience in the stock market was like that of most investors. It was my understanding that I instruct my broker to take my money and locate someone who had the stock I wanted to purchase and purchase that stock for me. 1. I never imagined that a broker could take my money and pay his commission, the commission of the market makers, the fees of the SEC and the fees of the DTCC and never obtain my stock. 2. I did not know about Cede and Company. 3. I did not know about a “Stock Borrow Program”. 4. I had never heard of a “fail to deliver”. Then, I find that “fails to deliver” is such a problem that it was necessary to pass a law called Regulation SHO which made the market report these fails to the SEC on a daily basis. On top of this, Regulation SHO does not appear to be working for anyone but the market manipulators that perpetuated this problem in the first place! When I learned that short sellers could amass these fails and drive a stock price into the ground, I became convinced there was a HUGE wrong in the stock market that needed to be corrected. CMKX stock seemed to be a poster child for this illegal trading technique. Now how does this trading technique catch up to the wrongdoers. I have heard that occasionally short sellers get caught with fails on their books and they have to go into the market and buy stock to close out their position. Since it works to the short sellers advantage by causing the stock to go down when they naked short a stock, it should work in the opposite direction to cause a stock price to go up when the stock is hard to find because of their short selling techniques. Many people bought this stock because of this possibility. How does the market correct itself? First, it must become apparent that a naked short exists. We must prove beyond a “shadow of doubt” that more shares have been sold into the stock market than was issued by the company. Although the SEC, the DTCC, the NASD, and most Broker/Dealers know the daily positions on this stock, current law does not provide for the company to acquire this information through simple requests. Company stock comes from the transfer agent. Legitimate shares are all backed by certificates issued by the transfer agent. We know the stock market allows brokers to sell stock even if they do not own it. Now, we must solve the mystery of how much real stock has been sold and how much stock has been sold that was not based on certs issued by the transfer agent. The company wants to divide the Entourage stock among its shareholders. We must now force the market participants to tell us who has positions in this stock. Unfortunately, we can’t rely on the broker statements because we know that many brokerage transactions occur ex-clearing (remember the Jefferies letter) and we know that our shareholder’s statements do not say “this transaction is currently in a fail to deliver category”. Even though your broker has a fiduciary (this means they are required by law to tell you of bad things that might be going on in your account) relationship to you, you are not told that your stock is not actually being held for you. (in the case of a fails to deliver). I am NOT amused when I read a response from a broker dealer that says you should tell the company that you are a shareholder because we have sent you a statement that says you own stock. This summer, we tallied 12,000 shareholder statements and documented 400 billion shares of stock. This did not include cert holders. We know there are approximately 60,000 shareholders based only on the figures given to us by ADP and the transfer agent. There appears to be many more! Combined, the NOBO/OBO list plus the cert list even proved a short in and of themselves of over 50 billion shares, and this did not include the billions of shares traded that were not reported through the DTCC and it did not include most Canadian brokerage holdings or other foreign accounts. The company would be derelict in dividing the stock based on brokerage statements, we must require certs of your holdings. This may be one big inconvenience for you as shareholders, I know I hated to write my check out to my broker for my cert. I would imagine it will also be a big inconvenience for some market makers and brokerage firms to have any “fails to deliver” become a public problem. Our stock is not trading at the moment, so the shorts can’t simply send some bashers to the boards and buy the stock at a discount to close out their positions. As a UNITED FRONT, this loyal group of shareholders has a chance to not only make history, but to start rebuilding the financial integrity of our U.S. markets for the sake of our children and grandchildren! My job is to present to the company a list that represents all CMKX shareholders that own stock. All CMKX shareholders should all participate in this distribution. Due directly to the Stock Borrow Program and a market system which allows “fails to deliver” to exist, a shareholder list that is made from broker statements cannot be relied upon to make this Entourage distribution. The entities that are helplessly short would love for shareholders to lose interest or to justify non participation because of the cost of doing so. If enough shareholders are apathetic or simply don’t have the resources to get their certs, the shorts benefit. 50,000 to 60,000 motivated shareholders can make great changes in the market place. Give serious thought to any reasons you have for not pulling your certs. I would also suggest you read the article at www.cmkmtaskforce.com/dtcc.php about the DTCC and Cede if you are still not sure if you need to be holding certificates for your stocks. I must ask all of you to please be patient as we record the certificates you send us. We have devised a system that requires to you to send only your certs and a cover page. Do not send other pages even if you think it is necessary to explain something. Use the task force web site to offer your comments or convey your problems. We have people that will be working long hours entering your information into a database. There will be times when you will experience a busy signal. We are using multiple lines connected to one fax number but there will still be delays. Do not panic. This is not an attempt to avoid including any shareholder. Quite to the contrary, it is an effort to make sure that everyone is included. We have been told that Schwab and Etrade are beginning the process of automatically sending all CMKX shareholders their certs without request. These companies should be commended if in fact they follow through with such a course of action. Every brokerage company that claims to be holding your stock should be able to do likewise. We expect many other companies will follow suit. This will allow us to quickly and accurately compile a list of all shareholders and their positions in this stock. Having said all of that, a word of caution, do NOT become complacent and assume your certs will appear. Remain diligent in following up often with your broker!! On a final note, we have received many notices from shareholders about difficulties in obtaining their certs from their brokers. Some have problems with stock being in an IRA account, 401K account and many shareholders that have brokers that are just plain refusing to obtain certificates for them. As a task force member, I can only recommend that those persons continue to call their brokers often. Be assured that the Task Force is discussing ways to address these issues. We have been told by some shareholders that many banks provide a securities attorney to their customers for advice and that many times these services are free. This group of shareholders can make a difference if we stay united! Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:00:05 GMT -5
Subject: Update 11/15/2005 From: jmartin@cmkxownersgroup.com Date: Tue, 15 Nov 2005 10:54:47 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and CMKX Shareholders,
As a first report of sorts I am glad to state that our fax in cert campaign is proceeding as planned. We learned in the broker statement fax in campaign that we can expect a week or two of refining the programs and procedures before we have a smooth process in place. Your input on making this process a smooth procedure is important so feel free to contribute your thoughts. Our computer tech people (Johnny Martin primarily) have spent long hours and we continue to tweak the processes for handling this influx of information. We received 1100 faxes or so in the first couple of days. We have no input totals at this point because of some refining we are doing to the data base which is reporting the results of these faxed certs. We are also training input personnel and devising a system of checks and balances to assure our shareholders list and the number of shares is accurate.
I am overjoyed at the work many brokerage houses are doing to assist the shareholders in obtaining their certs. I have confirmed that certificate mail outs to CMKX shareholders are being conducted by E-Trade, Charles Schwab and Southwest Securities with some at greatly reduced fees. These companies and others that follow suit are to be commended for their efforts. You are entitled to your certificates even though you have allowed your brokers to put your stock in the name of Cede and Company. I will try to update you as to which companies have agreed to assist their customers. If your broker does not, ask him why his brokerage firm does not yet the other companies are providing such a service. Your efforts are helpful to all CMKX shareholders.
I have been told of a terrible amount of misinformation that is being spread among the shareholders. I read today a comment in a written Schwab response to a shareholder that the Task Force may charge a fee for the Entourage distribution. I have participated in every meeting of the Task Force and have ongoing dialogue with Don Stoecklein’s office and there has never been one word said about a fee being charged to the shareholders by the Task Force. As I told you in my update on November 9, 2005, the company has agreed to pay all necessary expenses of the Task Force for its work in contacting all known shareholders of CMKX stock. You will not be asked to pay any sum of money to the company or the Task Force to obtain your shares of Entourage stock. I wish there was a method of conclusively proving who is responsible for such rumors. They should be held accountable.
I want to thank the shareholder that called our office yesterday and told us that his broker had told us he would be sending out his certs but the fee was $75.00. He explained that various parties took $50.00 of the fee and the Frizzell Law Firm was charging $25.00. This is another bit of sad misinformation. I have asked for the name of the company and the broker or its representative that was spreading such a lie. I will respond. I can assure you that this office will not receive any funds from a brokerage fee charged to the shareholders. I know that by and large our CMKX shareholders are a fairly intelligent lot. I ask you to think about the absurdity of such suggestion. John asked me to deny this suggestion in writing so you can respond to any companies that suggest the same. If you are told part of the broker’s requested cert fees are coming to this office, then tell them to knock that off the fees and you will pay the rest. They are welcome to call my office if there are any concerns in this area.
Kevin tells me he heard that one broker was declaring that cash dividends will be paid to those that keep electronic shares in their accounts. It sounds to me like someone does not want you pulling certs for your Entourage stock. I know of no company that would ever dividend something to street name shareholders and ignore cert holders. How irresponsible would that be? Bob Maheu was serious when he stated in his first press release that he would use State and Federal court action to see that all shareholders are properly notified and paid their Entourage stock if it became necessary. You can safely disregard this rumor.
We are experiencing some input problems as we tally the certs we are receiving. Here are some hints to those of you who have yet to send your certs.
1) Please use a dark and preferable bold ink when filling out the form which accompanies your cert.
2) Please print and do so legibly. We are having difficulty reading some of your information.
3) If possible fax at late hours or on weekends
4) If you have no way to fax in your certificates, then you may send COPIES of your certificates by mail. We suggest you send it registered. Please follow the same procedure as faxing your information. Fill out a separate coversheet for each named person or business, group the certs together with each coversheet (use paper clips and no staples Please) The address will be as follows:
CMKM Taskforce c/o Frizzell Law Firm 305 South Broadway Ste. 302 Tyler, Texas 75702
I ask my staff every day or two about any problems they are hearing from the board posters. I am surprised when I am told there exists a group of people devoting considerable time and effort to preventing an accurate shareholder and share count. The stock is not trading at the moment so it would not make sense for someone to suggest you should not have your holdings in cert form. The only logical conclusion one could draw from the efforts of these people is that someone does not want the company to know who its shareholders are and how many shares they hold.
Be vigilant in your efforts. Encourage all shareholders and ask them to encourage others to participate. We need 100% participation.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:14:44 GMT -5
Subject: Update 11/15/2005 From: jmartin@cmkxownersgroup.com Date: Tue, 15 Nov 2005 10:54:47 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and CMKX Shareholders,
As a first report of sorts I am glad to state that our fax in cert campaign is proceeding as planned. We learned in the broker statement fax in campaign that we can expect a week or two of refining the programs and procedures before we have a smooth process in place. Your input on making this process a smooth procedure is important so feel free to contribute your thoughts. Our computer tech people (Johnny Martin primarily) have spent long hours and we continue to tweak the processes for handling this influx of information. We received 1100 faxes or so in the first couple of days. We have no input totals at this point because of some refining we are doing to the data base which is reporting the results of these faxed certs. We are also training input personnel and devising a system of checks and balances to assure our shareholders list and the number of shares is accurate.
I am overjoyed at the work many brokerage houses are doing to assist the shareholders in obtaining their certs. I have confirmed that certificate mail outs to CMKX shareholders are being conducted by E-Trade, Charles Schwab and Southwest Securities with some at greatly reduced fees. These companies and others that follow suit are to be commended for their efforts. You are entitled to your certificates even though you have allowed your brokers to put your stock in the name of Cede and Company. I will try to update you as to which companies have agreed to assist their customers. If your broker does not, ask him why his brokerage firm does not yet the other companies are providing such a service. Your efforts are helpful to all CMKX shareholders.
I have been told of a terrible amount of misinformation that is being spread among the shareholders. I read today a comment in a written Schwab response to a shareholder that the Task Force may charge a fee for the Entourage distribution. I have participated in every meeting of the Task Force and have ongoing dialogue with Don Stoecklein’s office and there has never been one word said about a fee being charged to the shareholders by the Task Force. As I told you in my update on November 9, 2005, the company has agreed to pay all necessary expenses of the Task Force for its work in contacting all known shareholders of CMKX stock. You will not be asked to pay any sum of money to the company or the Task Force to obtain your shares of Entourage stock. I wish there was a method of conclusively proving who is responsible for such rumors. They should be held accountable.
I want to thank the shareholder that called our office yesterday and told us that his broker had told us he would be sending out his certs but the fee was $75.00. He explained that various parties took $50.00 of the fee and the Frizzell Law Firm was charging $25.00. This is another bit of sad misinformation. I have asked for the name of the company and the broker or its representative that was spreading such a lie. I will respond. I can assure you that this office will not receive any funds from a brokerage fee charged to the shareholders. I know that by and large our CMKX shareholders are a fairly intelligent lot. I ask you to think about the absurdity of such suggestion. John asked me to deny this suggestion in writing so you can respond to any companies that suggest the same. If you are told part of the broker’s requested cert fees are coming to this office, then tell them to knock that off the fees and you will pay the rest. They are welcome to call my office if there are any concerns in this area.
Kevin tells me he heard that one broker was declaring that cash dividends will be paid to those that keep electronic shares in their accounts. It sounds to me like someone does not want you pulling certs for your Entourage stock. I know of no company that would ever dividend something to street name shareholders and ignore cert holders. How irresponsible would that be? Bob Maheu was serious when he stated in his first press release that he would use State and Federal court action to see that all shareholders are properly notified and paid their Entourage stock if it became necessary. You can safely disregard this rumor.
We are experiencing some input problems as we tally the certs we are receiving. Here are some hints to those of you who have yet to send your certs.
1) Please use a dark and preferable bold ink when filling out the form which accompanies your cert.
2) Please print and do so legibly. We are having difficulty reading some of your information.
3) If possible fax at late hours or on weekends
4) If you have no way to fax in your certificates, then you may send COPIES of your certificates by mail. We suggest you send it registered. Please follow the same procedure as faxing your information. Fill out a separate coversheet for each named person or business, group the certs together with each coversheet (use paper clips and no staples Please) The address will be as follows:
CMKM Taskforce c/o Frizzell Law Firm 305 South Broadway Ste. 302 Tyler, Texas 75702
I ask my staff every day or two about any problems they are hearing from the board posters. I am surprised when I am told there exists a group of people devoting considerable time and effort to preventing an accurate shareholder and share count. The stock is not trading at the moment so it would not make sense for someone to suggest you should not have your holdings in cert form. The only logical conclusion one could draw from the efforts of these people is that someone does not want the company to know who its shareholders are and how many shares they hold.
Be vigilant in your efforts. Encourage all shareholders and ask them to encourage others to participate. We need 100% participation.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:16:22 GMT -5
Subject: Update 11/17/2005 From: jmartin@cmkxownersgroup.com Date: Thu, 17 Nov 2005 16:47:19 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and CMKX Shareholders, My thanks to those of you who are following the directions set out on the Task Force website www.cmkmtaskforce.com . We are still refining the data base and the fax system to receive and accurately document the certificates you are sending. As many of you know, we have now published an address for those of you who wish to send your certs by snail mail. You should follow the directions for such mailing. We do need a cover sheet. We are requesting only copies because I will not accept responsibility for safekeeping of your original certificate. I received a package today that included nearly 100 certs from one individual. I can imagine the time that shareholder would have spent trying to get the certs sent to this office via fax. We have added some wrinkles to the data processing to accommodate our receipt of snail mailed copies. We are glad to accommodate this method of receipt, but the inputting of the info will take a bit longer. Our IT department led by “little Johnny” has risen to every challenge so far, but he has started to hide when I walk into his office. Help me out and continue your patience. I need to post again some helpful reminders: 1) Do not fax your brokerage statements to this office or to the designated Task Force fax number. 2) If you have the opportunity to fax your cert at an off peak hour (midnight, early morning, late evening) please do so. We know it is frustrating to get a busy signal when you fax, but remember, you can send it by mail to the address on the web site. 3) The task force has not been given any authority to resolve disputes over dividends. 4) This distribution does not in anyway liquidate your CMKX holdings. We simply must know your holdings so we can appropriately distribute the Entrourage shares. I have been hearing of some really wild responses from various brokerage houses to our shareholders requests for certs. Please remember the importance of documenting what you are being told. If you can tape record a broker’s reasons, by all means do so if you suspect a runaround. Demand in writing a response. You probably won’t receive a response, but ask for one. Get the phone number (look on your caller ID) and the name of the broker you are talking with. Find out which office he or she works out of. Make note of the time of the call. If they tell you that their policy is “such and such”, ask them to email or mail you a copy of the policy. Sending out certs is nothing unusual in the brokerage business. When it becomes difficult to get certs, you should be suspicious and concerned. We have heard from several sources that TD Waterhouse is suggesting that certs not be ordered because they would confirm your holdings to the transfer agent. Please politely refuse their offer to confirm your holdings and demand your certs. I must tell you this because you will only be considered a qualified person to receive your Entourage stock if you have forwarded to the Task Force a proper certificate. These certificates can only be issued by the transfer agent. There is discussion among the task force and the transfer agent at this time of extending the deadline from the announced December 31, 2005 deadline. I will advise you of a new deadline once I am informed of the same. Stay tuned. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:18:30 GMT -5
Subject: UPDATE 12-02-05 From: jmartin@cmkxownersgroup.com Date: Fri, 2 Dec 2005 12:56:49 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and CMKX Shareholders, I am expecting CMKM Diamonds, Inc. to publish an official press release regarding the Task Force’s decision to extend the deadline for obtaining your certs. Our office is being flooded with calls requesting the deadline and I am pleased to tell you we have formally agreed to extend the deadline. Don Stoecklein was intending to incorporate this information in a press release from the Task Force. You will be informed of the deadline by this press release but I can tell you the deadline has been extended by at least 30 days. This has been discussed with the transfer agent. I have been asked by my fax in technicians to advise you of some of the problems we are experiencing. We have learned the hard way that most people do not have a single cert. Most people have ten or more certs and it is time consuming and technologically troublesome to send ten big files to the fax system we have set up. We have agreed to accept copies (not originals) of your certs by mail. Our office address is: CMKM Taskforce c/o Frizzell Law Firm 305 South Broadway, Suite 302 Tyler, Texas 75702. My thanks to those of you who are following the directions set out on the Task Force website at www.cmkmtaskforce.com . Generally speaking, if you have more than four or five certs, you may find it more convenient to mail a copy to our office. I am told that some have faxed in the same information several times. If you have any doubt that your fax was received correctly, Please mail us the information and we will make corrections as needed. Most people are sending their certs certified so you will have some proof that we have received them. Many of you have been contacted by our tech people due to problems in our receipt of your certs. I wish there was some way to alleviate the problems that come from trying to fax multiple certs in one transmission, but frankly I do not know anyway to insure a seamless fax. When faxes are not complete, due to the fax transmission, we are forced to ask you to resend the certs. In some cases, we can correct the problem. We are preparing for the heavy volume that will be coming when the brokerage houses start getting their certs out to you. Our new high speed scanner has finally arrived and we have just completed programming the database to work with the new system. We are now beginning to scan in the certs that have been arriving in the mail. We still have to manually input the data with each scan, just as we do for the faxes. However, you should expect email confirmations within a week of our receiving your mail from today forward. We are also looking to incorporate more fax lines and some new software that will help us in capturing your faxed cert, but we have to make sure of compatibility first. As always your patience is appreciated. We are amazed at some of the responses the shareholders are receiving from the brokerage houses. I must say it twenty times a day to shareholders on the phone, but it is very important that you understand my instructions. Please document these responses. Find out who you are talking with. Obtain and record their phone number. Make a note of the date and time of the conversation. Record the conversation if it is legal to do so in your state. Try to get a response in writing. Be persistent. When they tell you something, write it down and send them a letter confirming your conversation with them. Your ability to prove the efforts you have made to obtain a certificate may be important at some point. John called me from the meeting in Washington, D.C. presented by the coalition that has been formed to investigate naked shorting. John was impressed with the quality of people attending the meeting. It looks like support is starting to build from the business community. I will have more to discuss with you once the company publishes its press release. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:20:19 GMT -5
Subject: UPDATE 12-02-05Greetings Group Members and CMKX Shareholders From: jmartin@cmkxownersgroup.com Date: Fri, 2 Dec 2005 12:56:17 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and CMKX Shareholders, I am expecting CMKM Diamonds, Inc. to publish an official press release regarding the Task Force’s decision to extend the deadline for obtaining your certs. Our office is being flooded with calls requesting the deadline and I am pleased to tell you we have formally agreed to extend the deadline. Don Stoecklein was intending to incorporate this information in a press release from the Task Force. You will be informed of the deadline by this press release but I can tell you the deadline has been extended by at least 30 days. This has been discussed with the transfer agent. I have been asked by my fax in technicians to advise you of some of the problems we are experiencing. We have learned the hard way that most people do not have a single cert. Most people have ten or more certs and it is time consuming and technologically troublesome to send ten big files to the fax system we have set up. We have agreed to accept copies (not originals) of your certs by mail. Our office address is: CMKM Taskforce c/o Frizzell Law Firm 305 South Broadway, Suite 302 Tyler, Texas 75702. My thanks to those of you who are following the directions set out on the Task Force website at www.cmkmtaskforce.com . Generally speaking, if you have more than four or five certs, you may find it more convenient to mail a copy to our office. I am told that some have faxed in the same information several times. If you have any doubt that your fax was received correctly, Please mail us the information and we will make corrections as needed. Most people are sending their certs certified so you will have some proof that we have received them. Many of you have been contacted by our tech people due to problems in our receipt of your certs. I wish there was some way to alleviate the problems that come from trying to fax multiple certs in one transmission, but frankly I do not know anyway to insure a seamless fax. When faxes are not complete, due to the fax transmission, we are forced to ask you to resend the certs. In some cases, we can correct the problem. We are preparing for the heavy volume that will be coming when the brokerage houses start getting their certs out to you. Our new high speed scanner has finally arrived and we have just completed programming the database to work with the new system. We are now beginning to scan in the certs that have been arriving in the mail. We still have to manually input the data with each scan, just as we do for the faxes. However, you should expect email confirmations within a week of our receiving your mail from today forward. We are also looking to incorporate more fax lines and some new software that will help us in capturing your faxed cert, but we have to make sure of compatibility first. As always your patience is appreciated. We are amazed at some of the responses the shareholders are receiving from the brokerage houses. I must say it twenty times a day to shareholders on the phone, but it is very important that you understand my instructions. Please document these responses. Find out who you are talking with. Obtain and record their phone number. Make a note of the date and time of the conversation. Record the conversation if it is legal to do so in your state. Try to get a response in writing. Be persistent. When they tell you something, write it down and send them a letter confirming your conversation with them. Your ability to prove the efforts you have made to obtain a certificate may be important at some point. John called me from the meeting in Washington, D.C. presented by the coalition that has been formed to investigate naked shorting. John was impressed with the quality of people attending the meeting. It looks like support is starting to build from the business community. I will have more to discuss with you once the company publishes its press release. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:21:19 GMT -5
Subject: Update December 14, 2005 From: jmartin@cmkxownersgroup.com Date: Wed, 14 Dec 2005 16:21:43 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Group Members and CMKX Shareholders, Holiday greetings to all of you. The fax in campaign is proceeding as expected. We have devised quite a few special handling systems to accommodate both the faxed certs and the certs that have been mailed in. You are very fortunate to have a group as dedicated as the technology people that we have hired to accomplish the goal of the task force. We are preparing for quite an increase in the numbers of certs we will be receiving. The transfer agent has told us that she has started sending the brokers the certs they are requesting. Many of you should be receiving your certs in the next week or two. Once you receive your certs, please follow the directions at www.cmkmtaskforce.com . The transfer agent would like to ask you to refrain from calling their office unless there is an emergency of some type regarding your cert request. Her office is spending a great deal of time looking up information on certs to accommodate phone callers, but researching information on your account takes resources away from the task of getting the certs out to the brokerage houses. The SEC issued a subpoena to each member of the CMKM Task Force several days ago. We have been asked to give a deposition and various times for these depositions are being discussed with the SEC. I anticipate that I will be deposed in Los Angeles during the first week of January. I have reached an agreement with Leslie as to the items I will produce in response to the subpoena. Leslie Hakala agrees that communications between me and any shareholders that I represent are privileged and I am not under an obligation to produce any materials of this nature. I would characterize the inquiry as primarily an investigation into dealings in the Entourage distribution and the CMKM Task Force. Since I have had no direct dealings with Entourage, my information will not be terribly helpful to the SEC in this regard. The negotiations surrounding this production of documents by me to the SEC has been amicable. As I told Leslie, if there is any info I have that will help the SEC go after the bad guys, I am more than happy to cooperate. Investigations by the SEC are private matters until a formal proceeding is instituted. In the spirit of openness and transparency I am informing you of this subpoena and I do not plan on releasing any further information regarding this deposition. I still anticipate a press release from Don Stoecklein confirming the extension date and giving you some information on how the task force plans to get additional notice out to the shareholders. This release is expected in the next week or so. As for the latest on Entourage, I would refer you to the posts by CDLIC for the latest on the Entourage story. CDLIC has talked with Entourage management. I have not been communicating with Entourage management. I get reports from shareholders hourly about the problems they are having in their efforts to obtain their certs. We are keeping good records on the broker responses and the notes from shareholders about their problems. Please continue informing this office of your problems in obtaining your certs. Our data collection system is now functioning efficiently and we look forward to finishing the task once the certs start coming from the brokerage houses. We have documented over 100 billion shares on a relatively small number of certs. I am receiving quite a large number of emails and phone calls wanting to know when you will be receiving “the settlement”. This is Christmas time and I do not like to put any damper on anyone’s dreams during this holiday period, but I have no information that there is a settlement of any kind in the works. I really believe that I would be told of any settlement offers by any third parties. It is okay to hope there are settlement discussions going on behind corporate doors, but I am not aware of any. I am not on the inside with corporate management other than as a task force member attempting to identify all CMKX shareholders. It will thrill me to no end to be able to report to you that there is progress on the settlement front if I ever learn of such. I get questioned by people on a daily basis who are convinced that I am knowledgeable of huge monies in some trust fund and there is a suggestion that I am choosing to keep this information from you for some reason. I wish I had such knowledge, but I do not. This time of the year is particularly troubling for me. We receive a lot of information about the shareholders’ personal lives as it relates to the hopes they have for a return on this stock. There are widows, health stricken elderly people, terminally ill shareholders, and many people in dire financial straits who have pinned all their hopes on this stock. All of us here at my law office and The Owners Group have you in our prayers especially at this time of year. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:22:38 GMT -5
Subject: Update 12/21/05 From: jmartin@cmkxownersgroup.com Date: Wed, 21 Dec 2005 03:33:56 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and CMKX Shareholders,
I would like to take a moment to extend a very big thank you to Ms. Mair Murphy of the reorg department at Raymond James & Associates, Inc. This broker not only ordered certificates for all of their clients accounts, they also typed up a cover page for every account and sent copies of everything to the CMKM Taskforce to be entered into our system. We received the first of three batches of certificates from this broker today. We would like to invite all the other brokerage houses to follow this example.
Please do not read into this anything more that what I am telling you. We received copies of a number of certs made out to the shareholders and we have now entered them into our system. We followed up with a call to the clerk that was processing these certs to confirm that the remaining certs for account holders at Raymond James will be coming to us soon.
I have been advised that we are receiving a number of calls from shareholders wanting to know why there is a one digit difference between the number of the certificate (in red) and the small number (in black) that is in the bottom right hand corner of the certificate just outside the border. Normally these numbers match. We have talked to the transfer agent today and inquired about this difference that is showing up on a few certificates. Helen Bagley informed us that having both numbers on the certs is a check and balance system. This number has occasionally differred by one digit on a few occasions. The transfer agent says these errors are usually caught and corrected immediately. She told us to alert the shareholders that this does not affect the validity of their certificate.
I have been advised of numerous rumors regarding settlements. I have no information that confirms the truth of any of the rumors. As always, I am hopeful there are discussions ongoing about such matters, but I am not being included in the discussions if they are in fact taking place.
We will be keeping a skeleton crew around throughout the holidays. Most calls shortly will be going to voice mail. We will be checking our messages on a regular basis and will return all calls which require an answer. I have no plans to leave town and we expect to keep up with our data entry as the faxes and mail-ins come to the office.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:24:19 GMT -5
Subject: Update 12/30/05 From: jmartin@cmkxownersgroup.com Date: Fri, 30 Dec 2005 17:38:09 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and all CMKX shareholders,
We close another year with the fate of our stock still up in the air. I wish as a 2005 parting message that I could give you any information that would confirm any of the rumors swirling around but I cannot. I am glad to tell you we have developed a well oiled machine here to tabulate and document the certs that are being sent in. We have been told that many certs went back to the brokerage houses from the transfer agent this week. We are prepared to receive them in our system when the shareholders fax them to us.
We hear many reasons being offered by the brokers and the transfer agent for continuing delays in getting your certs to you. Ultimately, even the righteous excuses which we are hearing now will not be acceptable. It is the responsibility of the brokers to get these certs to you. I have been told there are some brokers who have not even requested certs from the transfer agent as of this date. We are keeping good notes and documenting our files on the responses from the brokerage houses. I would like to compliment Southwest Securities for their response to their customers. Many of the CMKX shareholders here in East Texas went through a local broker at Southwest Securities. Most of us received our certs through certified mail this week. Some shareholders admitted they had been too busy to request their certs but they received them from Southwest Securities without even requesting them. My office called our broker and he confirmed that Southwest Securities would be sending a copy of all certs being held in IRA accounts direct to our office for entry into our system. By sending copies to us, they have not “taken the securities out of their customers’ accounts”. We still obtain the information we need so their customer can receive their Entourage stock. This excuse will no longer fly as a reason for refusing to give you a valid cert. We commend Southwest Securities for the prompt manner in which they have responded to the needs of their customers.
We were advised today that the task force would shortly have in its hands a current NOBO. I cannot explain why it has taken this long to obtain the current NOBO but we look forward to using this information to expand the notice campaign to all CMKX shareholders. Folks, don’t shoot the messenger. I am very much aware of the opinions that many people have concerning the adequacy of notice to all of the shareholders. I am one of those people and I have made my concerns known to the other members of the task force and Urban as well. I do believe we will see increasing work on this front in the next week or ten days. I have been told by Mr. Stoecklein that the task force hopes to have physical possession of the Entourage certs in the next few days.
I wish I had something of significance to share with you, but I simply do not at this time. I am reminded of an old farmer that said “When you get to the end of your rope, tie a knot in it and hang on.”
I want to thank all of you that have passed along your holiday greetings. It has been a pleasure to work for you this year. I sincerely believe we will answer all critics when we are able to accurately account for all the CMKX stock sold in the market place. My only message to you is to stay united on this front. The most feared opponent of those with naked short positions is a united shareholder group. By this point in the life of most penny stocks, the shamed investors have left the scene and written off their investment. The naked shorters are hoping that history will repeat itself in this stock. I am betting that this group is different. With what we have all learned about the market and the forces that drive the market, we owe it to the public to take a stand. I received a federal express package today showing where someone had spent $21 for the federal express cost to this office and had paid $40 for their cert to do their part in this cert pull. The cost of the stock was almost as much as the cost of obtaining the cert and sending it to our office. This person had a rather small position in this stock but understood the importance of his participation in our efforts. With this attitude, this group will succeed.
I wish all of you a happy and prosperous New Year. Be safe in your travels. I will be in touch next year.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:25:32 GMT -5
Subject: Update 01/04/06 From: jmartin@cmkxownersgroup.com Date: Wed, 4 Jan 2006 16:53:07 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and CMKX Shareholders,
I have received several requests from shareholders wanting some communication from the company. I have forwarded these requests to Mr. Stoecklein and Mr. Casavant. I understand your wishes to hear from the company and the company is aware of your wishes. I am hopeful a press release will be forthcoming in this regard.
We are fielding a large number of emails and phone calls from shareholders that are requesting verification that the Task Force has received copies of their certs. There are many reasons why some of you have not received verification through the email address you provided us. Some of the email addresses (handwritten) are not legible and some emails have come back to us. Some people omitted to give us an email address. Some certs have come in without the cover sheet. I am sure our input staff may have missed a few themselves. To help with this problem, we have now set up a new email address to assist you. We have appointed particular staff members to monitor this address on an hourly basis for the sole purpose of investigating the problem that has prevented you from getting verification from us. The new address is certconfirmation@cmkmtaskforce.com . If you will send an email to this address, we will try to get back to you in 48 hours or less with an email response. If you do not get a reasonably quick response, simply email us again. Your emails will not be deleted until an inquiry has been done on your holdings.
I have received communications from several shareholders regarding new excuses by some brokers for failing to give you your certs. We have been provided with a form letter that Fidelity is using which says they cannot distribute your stock from certain retirement accounts or IRA accounts. As you know by now, there have been other brokerage houses that have filled out the cover sheet and sent to us copies of their customer’s certs and we have inputted the certs into our list. We do not need physical possession of the cert, but we do need to receive a copy of the cert which shows the cert to be validly issued by the transfer agent. We can verify your holdings once we have received this information. One shareholder told this office that a Fidelity representative said the company has been in contact with the Task Force and the Task Force has agreed to accept a letter from Fidelity assuring you of your holdings. There is absolutely no truth to this statement by the Fidelity representative. We have been directed by the company to confirm your holdings only by proof of a valid cert issued by the transfer agent. Neither myself, nor Bob Maheu or Don Stoecklein, have had any communications with Fidelity. Feel free to have any Fidelity rep call me directly to discuss this matter. We are working up a letter from the Task Force to respond to such suggestions.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:26:34 GMT -5
Subject: Update 01/09/06 From: jmartin@cmkxownersgroup.com Date: Mon, 9 Jan 2006 12:07:03 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Greetings Group Members and CMKX Shareholders,
This is a brief update to tell all group members and other shareholders that there is absolutely no truth to the rumors that there is a court order halting the cert pull. We are experiencing some problems with our server but should have the bugs worked out shortly. Please be patient. We are receiving a flood of calls from concerned shareholders about the January deadline. I am expecting a conference call with Don Stoecklein, Bob Maheu and Urban Casavant tomorrow to discuss the additional steps being taken to notify all shareholders and we will be discussing the issue of the January deadline. Unfortunately there is no truth to the rumors that we have discontinued the cert pull because “checks are in the mail.” Those that start such rumors are doing a terrible disservice to the shareholders.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:27:20 GMT -5
Subject: Update 01/10/06 From: jmartin@cmkxownersgroup.com Date: Tue, 10 Jan 2006 08:51:09 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Good Morning,
I am sending this update from a remote location due to internet problems in our building. ISP technicians have assured us that they will be in our building this morning to get us back on line. We cannot receive your e-mails at this time.
I told you yesterday about server problems and we are still working with other technicians to correct them as well. In short it has been a really lousy day or two from a technical standpoint. Your patience is appreciated as always. I will be talking to Don Steocklein this morning. I will update you further this afternoon or tomorrow regarding this meeting with the other Task Force members. Again, thank you for being patient with us.
Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:28:48 GMT -5
Subject: Update 01/11/06 From: jmartin@cmkxownersgroup.com Date: Thu, 12 Jan 2006 04:49:25 -0700
FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com
Late Wed night Jan 11 2006
Greetings Group Members and CMKX Shareholders,
It does not appear the press release from the company (which will be issued by Don Stoecklein) will be released for another day or two. Don Stoecklein has told the company that he does not plan to issue any further press releases until he has physical receipt of the actual share certificate from Entourage Mining. Don has seen a copy of the cert which has been issued by Entourage but has not received the cert in his office. Mr. Stoecklein intends to place the cert in safe keeping for distribution to all CMKX shareholders. When Don receives the cert from Entourage he has told me he would issue a press release from the company.
There has been much discussion of late between the task force members and Urban regarding the details of completing the notification to all CMKM shareholders of the Entourage distribution. There is significant expense that has already been incurred by this office. Mailed notice to all shareholders will be a costly occurrence. Once all shareholders and shares have been accounted the Company will incur additional expense in ordering and issuing certs to the respective shareholders of the Entourage stock. Communication is ongoing with Helen Bagley about the items needed to complete the duties of the Task Force. Urban has agreed to fund all expenses. The arrangements are still being made to have all funding in place. The acts taken by the Company and its appointed Task Force are being watched closely on many fronts. I remember an old saying “It is not a good idea to wear ear muffs when you are walking through a field of rattlesnakes.” We are sensitive to those who will be grading the papers of the Task Force. We know this Entourage distribution is important to a lot of people. Some want us to fail. Some want us to succeed.
We received internet service back in our building this morning. The internet went out on Monday and was restored this morning around 8:30. Our server problem has been repaired, but some internet and programming work was necessary before we could begin receiving faxes again. Our tech staff has been working non stop since these problems began. We expect to be fully functional tomorrow, but I have learned to make allowances for problems. I am making a best guess prediction by saying tomorrow. We will post a message on the Task Force website (www.cmkmtaskforce.com ) informing all shareholders that we are able to receive faxes again.
Once again I feel it is incumbent on me to tell you that I have no knowledge of any deals, payouts, settlements or the like. I have received calls from people in several brokerage houses letting me know how they are proceeding with the cert pull. Some of the brokerage houses are asking about the January 31, 2006 deadline. The communications from the brokers to this office are directed at the process of getting the certs to the Task Force and their problems in meeting our current deadline. The deadline situation will be addressed by Mr. Stoecklein in his press release and I will let him inform you of any decisions regarding our current deadline.
I want to take this opportunity to respond to several inquiries from shareholders. For some reason I have been getting a large number of phone calls and emails from shareholders wondering why I am not sharing information that they are convinced I have received from the company. This has been a recurring accusation since I offered to represent many of you in the search for information about your stock. Some of you seem convinced that because of my appointment to this Task Force, I am now representing the company. Many of your questions imply that since I now work closely with Don, Bob and Urban I must know the answers to all of your questions or that I should be able to get the answers to all of your questions. I wish it were true folks. I do not represent the company. I represent you, the shareholders. I am delighted that I am in a position to gather this valuable stockholder information. But being on the Task Force has not provided me with increased ability to gain any answers to the major questions which have been concerning most of you for a year or two. I don’t know why the company does not communicate with its shareholders. Is it because of potential criminal charges or SEC oversight? I simply do not know why there is no ongoing communication with you.
I had three emails back to back yesterday saying “Bill can’t you just get us a bone of information about what is really going on?” I have had many conversations with “the company” and I send your emails, complaints and letters to “the company”. One of your fellow shareholders called my office yesterday and wailed at me in a drunken stupor about how long this process is taking. This drunk (my perception because of his slurred speech, his sarcastic demeanor, vulgar language and the total disrespect in his voice) reminded me that I was being ridiculed on the boards because I was being used by the company. After listening to 15 minutes or so of drunken rambling, I ultimately had to hang up on this person because we were busy with our technical problems and other matters. Remember to keep your eyes on the bouncing ball. Your energy should be directed at something that helps your fellow shareholders. In a humorous sort of way, I sometimes feel like I have joined some horribly dysfunctional family that has carried sibling rivalry to new heights. But, my fellow shareholders, we are all in this together. We will prevail.
Onward,
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:31:32 GMT -5
Subject: Update 02/21/06 From: jmartin@cmkxownersgroup.com Date: Tue, 21 Feb 2006 16:31:16 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings Owners Group members, I am hopeful of giving you an additional update which will include a few more details on the task force’s progress by the end of this week. Until then I wanted to share some raw numbers from the NOBO list received by the task force a month ago. We have also received a new cert list provided by First Global which shows certs issued “and active” on January 13, 2006. Most of you know that ADP Services is provided with information of company stock holdings by the brokerage houses. ADP provides information to corporations from NOBO shareholders (those that do not object to having their information released). ADP also provides summary information from OBO shareholders (those that object to having their information released) but does not give out full names and share positions. ADP did not provide us with current OBO numbers. We are requesting these numbers, and will provide them when we get them. The shareholder list provided by First Global dated January 13, 2005 is nearly 3,000 pages in length and contains over 17,000 accounts. This cert list shows that 501 billion shares are represented as “active certs”. Cede and Company was reported as having 202 Billion shares plus some change. Our task force records show that a series of certs in the 26,000 # range were issued in early November of 2005. On February 15, 2006 we received several certs in the 62,000 # range which bore issue dates of that same week. First Global reported today that they issued certs in the 67,400 range. NOBO accounts remaining in brokerage houses in January total 29,263. A few companies to compare: Schwab- June of 2005 the NOBO showed 2638 accounts Jan of 2006 the NOBO showed 2435 accounts National Investor Services Corp- June of 2005 the NOBO showed 2077 accounts Jan of 2006 the NOBO showed 2044 accounts Ameritrade- June of 2005 the NOBO showed 18060 accounts Jan of 2006 the NOBO showed 9347 accounts E-trade- June of 2005 the NOBO showed 9569 accounts Jan 2006 the NOBO showed 6231 I find it interesting that Ameritrade had approx 180 billion shares in the NOBO in June of 2005, and 18000 accounts . The January 2006 NOBO shows Ameritrade with only 36 billion shares with 9,347 accounts still listed. Ameritrade now shows up on the cert list as having 101 billion in cert form in January of 2006 as well. This cert is included in the 501 billion figure mentioned above. We are conducting a very extensive search of foreign securities and reporting companies that do not report to the DTCC or that are not reflected in our NOBO reports. The result of our work so far is very interesting. The task force was asked by the NASD to remove the NASD link from the task force website. We have posted this letter for your information. Click on documents at www.cmkxownersgroup.com . We have removed the link and all references to the NASD from the site. I am working with Mr. Stoecklein on a press release which will provide more detail on the efforts being undertaken to notify all shareholders. Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:32:31 GMT -5
Subject: March 10, 2006 update From: jmartin@cmkxownersgroup.com Date: Fri, 10 Mar 2006 15:20:54 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Greetings CMKX Owners Group members, This office is aware that a large number of shareholders have not received their certs from their brokers. Some shareholders are being told they will not receive their certs by the current deadline of March 15, 2006. The company plans to respond on March 15, 2006 by way of an official press release. This upcoming press release will address many of the questions that are now being asked about the need for additional time to obtain your certs. The question of adequate notification of shareholders will also be addressed. This press release will be coming from Mr. Stoecklein’s office. This office has been working closely with the transfer agent in the last month or so. We have been provided with a current shareholder list based on certs issued by First Global Stock Transfer. These lists contain the names of all shareholders whose certs have been issued through the present. Our list also includes activity by certificate holders that have liquidated their positions. We do not believe that the transfer agent will need additional time to finish the cert requests which have been given to her at this point. We are closely monitoring the situation with the transfer agent. We began moving my offices on February 28, 2006. This move has allowed us to upgrade the fax system that was originally designed by our tech people. During the move we consulted with Ma Bell representatives and other IT people and made some minor modifications. The fax system is working much more efficiently now. If you are attempting to get your cert added to our list, try the fax method before mailing your cert to us. The fax number is 903-595-5394. Your patience is appreciated. I acknowledge we had some breakdowns along the way but I am proud of the work and effort my staff has put into this project. They have been diligent in handling the problems and trying to answer questions and concerns of the shareholders. We are dealing with massive amounts of information and extremely large files. We are receiving several hundred certs a day and we have ramped up staff to get the data entered. Many of you know about the new confirmation system that our staff has developed. You can now confirm that your certs have been included by clicking on the appropriate place on the task force web site and follow the instructions. www.cmkmtaskforce.com As with any new technology application or new programming feature, we expect to have some glitches. We are dedicated to resolving the problems that come up and we appreciate your understanding. If you have used the cert confirmation feature and have found that one or more of your certs are not in the system, please simply refax the certs that are missing to our office. Calling to tell us your certs have been omitted does not get your certs into the system. This has happened on a few occasions and we hope to get all bugs worked out. Refax and this should solve the problem. If you have recently ( in the last day or two) sent in your certs, please allow a couple of days for our office to input your cert before checking this site due to the current influx of certs. Creating this data collection system and hiring the staff to record this data has been expensive and time consuming. Urban Casavant has spent over $100,000 since November of 2005 to pay for the costs of collecting this information. I expect additional expenses and Urban has assured the task force that all expenses will be paid by him so that all shareholders will benefit from this distribution. This office has received communications from many brokerage houses about problems they are having in complying with this request for certs. I am especially concerned about certain brokers that are withholding certs from their customers for some reason unknown to us. It is apparent from recently obtained shareholder lists that certs have been issued by the transfer agent but some brokerage houses are not sending the certs to their customers. We will continue to monitor this situation. If you have not received your certs you should continue calling your broker to find out why you have not received them. I recently spoke with Greg Kennedy at Entourage Mining. Greg is considering a mail out to all shareholders with an update on the progress of Entourage. Greg believes it is important for the shareholders to know of his company progress and he is looking at various ways to communicate with such a large group of shareholders. Although his company stock has not been distributed at this time, I have offered to be of assistance to him in such an endeavor. I get email daily from many of you wanting me to comment on various rumors that continue to circulate. I hear of new rumors each day. I am not privy to any discussions about settlements with any third parties. I do not know of any payouts or pending distributions. If there is any such activity ongoing, I am not being included in any such discussions. I will have more to comment on when the company releases its statement on March 15, 2006. Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:33:40 GMT -5
Subject: Update 03/15/2006 From: updates@cmkxownersgroup.com Date: Wed, 15 Mar 2006 16:11:33 -0700
FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921
Greetings CMKX Owners Group members,
My thanks to all of the shareholders that have either faxed or mailed your certs to the Task Force office. Most of you have heard by now that many brokers made the decision to withhold certs issued by the transfer agent until today because of the deadline mandated by the task force. This action by the various brokerages was anticipated but a significant backlog now exists in this office. Those of you who are calling for the purpose of confirming receipt of your certs are asked to patiently check the confirmation line before calling this office. Due to the work involved inputting the information from these certs into our system, it will take us several days to catch up with these last minute mailins. We have very competent staff and are thrilled with the work of the shareholders in getting this information to the Task Force.
This office and Mr. Stoecklein’s office have been in discussions most of the day with various brokerage firms, the transfer agent and the DTCC. I am not at liberty to discuss all the reasons for requests for extensions in this update. I have been told the scheduled press release will not come from the company today as I stated in my update last Friday. I am told the press release from the company will be released tomorrow due to the ongoing discussions with all the parties at this time. Onward!
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:34:29 GMT -5
Subject: Update 03/16/2006 From: updates@cmkxownersgroup.com Date: Thu, 16 Mar 2006 13:05:53 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Good afternoon everyone! Bill asked me to update all of you who are E-trade customers. E-trade sent a representative from NY carrying a box of cert copies totalling over 4000 accounts. We now have in our posession copies of your certs. You do not have to go to the trouble of faxing them. They did not supply e-mail addresses, so you will not get an e-mail confirmation. It will take some time to scan them all in and input the data, but you will all be able to confirm your cert numbers over the next couple weeks or so on the www.cmkmtaskforce.com web site.We still have several thousand certs in the pipe line ahead of you, so please be patient. As Bill would say, ONWARD! John
|
|
|
Post by sandi66 on Dec 30, 2007 17:35:37 GMT -5
Subject: Update #2 03/16/2006 From: updates@cmkxownersgroup.com Date: Thu, 16 Mar 2006 18:34:57 -0700
FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921
Greetings CMKX Owners Group members,
I have decided to give you an update on certain matters at this time. I have been waiting for the official press release from the company but apparently there are some problems in getting the release to the wire service as planned. It is 5:00 pm on the West Coast so you may still receive the information before the work day is over. I was asked for input on certain significant parts of the press release but I have not seen the final draft.
This week has been hectic but very interesting as I observed the activities of the brokers and other related parties. When you consider that CMKM stock has been delisted and trading has been halted for several months now, one must ask the question- Why so much fuss over this issue? Many so called experts have chided you for your investment in this stock. Many have said this company was nothing more than a well orchestrated pump and dump. I congratulate you for remaining steadfast in the face of unusual circumstances. Urban continues to financially support your efforts and he is supportive of the task force. We must identify all real shareholders in this company for a lawful distribution of the Entourage stock.
For those that do not have your certs at this point, I am hopeful you will receive them shortly. It is clear to us that the certs in Cede and Company at this time are limited in number. The transfer agent says she is caught up for the most part with the requests that have been made to her for certs.
My office has had many conversations with various people at the DTCC since the first of the week. There were discussions of putting a “chill” on this stock. As I understand this term, the DTCC has the authority to refuse to honor requests for certs by the DTCC participants or issue certs to shareholders or its participants from its vault under certain circumstances. The DTCC requested additional time because of some late cert returns from the transfer agent. It was apparent to them that some shareholders would not have received their certs in order to participate in the Entourage distribution if the March 15th deadline was a final date. There have been no discussions about settlements or payouts as many have theorized. The discussions revolved around timely and orderly distributions and how the DTCC could work with their participants to get all the certs issued from their vault.
Many of you know that we received a visit in our office by an Etrade rep today. This rep personally hand delivered copies of approximately 4000 certs. We understand Etrade has had problems with a certain delivery service and the company felt it necessary to make sure these documents reached us timely. We ask that all of you examine your certs for accuracy and allow us time (a week or two) before calling to confirm receipt of your certs. Feel free to go through the confirmation procedures on the CMKM task force site at any time but allow for some inputting time since we have just received these certs today along with thousands of other fax-ins and mail-ins.
We have heard from Goldman Sachs, Oppenheimer and Schwabb among others, regarding the problems they were having in making the deadline which had been previously set by the task force.
We are carefully documenting complaints by many shareholders who received their certs which were issued in incorrect amounts. We are hearing from shareholders who have only recently learned of this shareholder identification process. Several shareholders called their brokers after hearing of this cert pull only to learn that their share positions were wiped out as “worthless securities”. We are following the process they are going through to have their accounts reinstated and obtaining certs for those shares. Of course we will continue our efforts to help those that have not yet received their certs.
I look forward to updating you more on the matters that I expect to come out in the press release when that press release occurs.
Onward!
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:43:34 GMT -5
Subject: Frizzell Update 3/25/06 Date: Sat, 25 Mar 2006 09:52:54 -0500 Early AM Frizzell Update 03-25-06 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Greetings CMKX Owners Group members, Most of you have seen the March 17, 2006 Press Release from the CMKM Task Force. If you have not seen it, please visit the CMKX Owners Group web site www.cmkxownersgroup.com and click on the document section. Many of you have expressed your concerns and disappointment over the latest extension of the deadline which has been extended several times by the Task Force. Be assured there are many reasons which mandate an extension at this time. We have obtained a shareholder list from the transfer agent dated March 15, 2006. Cede and Company certs in this list amount to approximately 32 billion shares. Ameritrade certs total approximately 32 billion shares. Our research through ADP showed there were approximately 25,000 accounts still in street name as of March 15, 2006. We assume this number includes the accounts which resulted in the certs from Etrade which were delivered to our office, but we have not confirmed such information. We have begun the process of ordering shareholder information from other entities that may yield shareholders that do not clear through the DTCC. This office is dedicated to using all information available to obtain the most accurate shareholder list that can be attained. We have previous fax ins of brokerage statements by thousands of CMKX shareholders, we have information obtained from you as members of the CMKX Owners Group, we have access to DTCC records, we have access to the transfer agent shareholder lists from as far back as January of 2004. Some of this information I obtained through documents provided by the SEC in the discovery process of the administrative hearing. Our investigation continues into brokers outside the United States that have taken funds from shareholders and represent to their customers that they in fact own CMKX stock yet no certificates have been obtained. I personally believe there are many shareholders who no longer have CMKX positions in their brokerage accounts because their accounts were “liquidated” as worthless securities. I hope to notify all shareholders so the distribution of this Entourage stock can withstand the scrutiny of any third party. We will use all sources and resources at our command to assure the integrity of the final distribution list. We will continue to keep you informed of our work through the web site which has been established for your information. www.cmkmtaskforce.com We have recently begun an internal inquiry into some recent activity on this web site. During a period covering about 10 working days and ending on March 15, 2006, the site received over 62,000 hits from IP addresses at sandia.gov. We found over 82 different government web sites that took opportunities to view the efforts of the task force between March 1, 2006 and March 15, 2006. We recognize that there are many CMKX shareholders that may view the task force cite from work but the large number mentioned in particularly at the sandia site is of interest to us. If there are any shareholders who may have information regarding this agency and its connection with CMKX, please drop me a line. Some of you have noticed our counters doing some reverses or roll backs. We are near completion of the inputting required from the delivery to our office of the Etrade certs. Some Etrade customers had already sent their certs to this office and our system is designed to recognize duplicates and make adjustments accordingly. There are some shareholders who have sent their cert information to the task force on more than one occasion. Our input people are trained to remove duplicate information as the information comes in. We plan to leave no stone unturned in our search for CMKX shareholders. Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:52:33 GMT -5
Subject: Update 4/10/2006 From: updates@cmkxownersgroup.com Date: Mon, 10 Apr 2006 19:49:18 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Dear CMKX Owners Group Members, On April 5, 2006 the DTCC issued a letter to all its participants regarding CMKM shares that were on deposit at the DTCC. If you have not seen the letter, it can be found at www.dtc.org/impNtc/reo/reo_9516-06.pdfThe DTCC has been communicating with representatives of the Task Force for several weeks. It has been apparent to me that the DTCC is encouraging its participants to withdraw their certs from deposit at the DTCC. The participants are the thousands of broker/dealers, banks and clearing firms that use the services of the DTCC. As I understand the process, the participants are being asked to send the DTCC WT’s (withdrawal by transfer instructions) so the DTCC can then forward that participant’s respective cert (or holdings) to the transfer agent for change into the name of the beneficial owner. The DTCC would then not have a depository position as to the shares represented by this transfer request. There have been DTCC participants (broker/dealers, banks and clearing firms) that for some reason have either refused or neglected to order WT’s of their positions even though such action has been clearly called for since November of 2005. The original deadline by CMKM for shareholders to obtain their certs was December 31, 2005 as mentioned in this letter from the DTCC. We had been seeing correspondence between the DTCC and various broker/dealers for several months noting that the DTCC was requesting that its participants obtain certs per the requests of CMKM. Several firms complied promptly to the directions of the DTCC and now have no security position in CMKM at the DTCC. This directive dated April 5, 2006 was prepared by the DTCC officials as an internal memo to its participants. It is apparent that the DTCC wished to allow its participants the option to voluntarily request withdrawal of their certs by April 14, 2006. It is equally apparent that the DTCC is telling its participants that if any respective participant does not withdraw all CMKM certs on deposit or request that the DTCC transfer the participant’s certs to the Transfer Agent, then the DTCC will perform this task for the participant. We have received many inquiries regarding the meaning of this directive from the DTCC. The letter is self explanatory. By May 15, 2006, the DTCC will have no CMKM on deposit if the acts set out in this letter occur. What does this mean to the participants? Once the DTCC forwards all certs to the transfer agent or its participants, the beneficial owners and customers of the participants must look exclusively to their respective broker for their cert. The brokers can no longer blame the DTCC or the Transfer Agent for any failure to provide a cert to its customers. As one of the members of the Task Force, I can tell you I am very concerned because we do not anticipate any additional extensions beyond May 15, 2006. We continue to receive communications from shareholders who are unable to obtain certs from their brokers. The actions of the DTCC will assist the Task Force in its efforts to complete the distribution list of shareholders that will receive their Entourage stock. I am making my final recommendations to the other members of the Task Force as to the final mail out to come shortly from the company. When the company approves the final mailout to the shareholders, I will comment further with more details about the implementation of that mailout. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:55:10 GMT -5
Subject: Update 4/20/2006 From: updates@cmkxownersgroup.com Date: Thu, 20 Apr 2006 13:21:38 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Greetings CMKX Owners Group members, Please be advised that this update is my communication to those shareholders that joined Phase II of the CMKX Owners Group and other shareholders that elected to continue receiving updates after the conclusion of Phase I. First let me say I apologize in advance for any of you who read this on the boards who are on the mailing list and did not get this update. Unfortunately our e-mail looks like spam to some ISP’s, and in turn is blocked. Our IT Guy suggests adding our e-mail to your whitelists or address books which may in turn clear the updates for delivery. This is not an official response of the company or Urban Casavant. I do not represent the company nor do I represent Urban Casavant. These are my comments to shareholders who have joined the CMKX Owners Group and contributed to the expenses of this investigation. Do not interpret any of my comments as that of CMKM Diamonds, Inc. I am simply a member of the CMKM Task Force. As such, I am assisting Mr. Maheu, Mr. Stoecklein and Mr. Casavant in notifying the shareholders of the Entourage distribution. This office has agreed to collect the data being sent in by the shareholders for the sole purpose of arriving at a list of bona fide shareholders. Because of my position on the Task Force and somewhat regular contact with Urban, Mr. Stoecklein and Mr. Maheu, this office and the staff compiling the cert pull information have become the call center for questions about the company. We are glad to answer as many of your questions as possible and be a sounding board for those of you who want to vent about the company, but please remember we do not run the company nor do we have all the information you are seeking. I receive many rude and sarcastic emails about the company and I simply delete most of them. If I receive an email or a phone call that is a legitimate inquiry or a question that I can answer, I will do so. Questions such as “When will this mess be over with?” or “How much am I going to get for my stock?” or “Is this company a scam?” do not get responses from me. We are too busy trying to find out how 60 or 70 thousand accounts became 30 or 40 thousand accounts in a relatively short period of time. We are very concerned with the obstinate refusal of brokerage houses to send their CMKM customers proof of certified share positions. Even the DTCC is invoking a slightly uncommon procedure to send its certs out to its participants because of the reluctance by certain brokers to retrieve certs they have on deposit at the DTCC. While I am discussing the DTCC, several of you e-mailed about certain language in the first letter that was sent to participating brokers which stated “Upon Surrender of CMKM Diamonds Inc. Common Shares”. My office has obtained clarification from the DTCC and the wording was simply an oversight on their part. The language should have stated “A stockholder will retain their CMKM shares upon receiving the Entourage Certificates.” We are also trying to come up with creative ways of encouraging several thousand shareholders that still maintain positions in street name to force the brokers to cert their shares. My job as far as being a member of the CMKM Task Force is well defined. I can not ignore the implications of our findings as the cert information comes into this office. As we total up the certed shares, there is an inescapable conclusion that something is amiss. (I expect my normal complaints from those that say I speak in code. .However, there is no code or intent to have you read between any lines.) I am glad to explain issues in my updates but I make an effort to simply state the facts and I do not intend hidden meanings. I have been getting a flood of emails lately from shareholders wanting to know about the inner workings of CMKM and various questions concerning contact from the company. Some of the emails are expressing frustration about the lack of information and knowledge they are receiving from the company about company matters. I fully understand your frustrations. There is information I would love to have about the company, but my position on the Task Force has never been a ticket to unlimited information about the company. You should recall that Urban and the company are both still under investigation by the SEC and Urban has very competent counsel that guides him in his communications with shareholders. I am a shareholder as well as a member of the Task Force. The CMKM Task Force has contracted with a third party mailing company to distribute a notice to some current shareholders that may not have received notice of the requested distribution of Entourage stock. This mailout will go to selected shareholders that are not currently on the master shareholder list which the Task Force has obtained from the Transfer Agent. The Task Force has received evidence that many accounts containing CMKX stock were unilaterally sold from shareholder’s account in 2005 and 2006. We have learned there are shareholders who had their positions liquidated as worthless securities. We know there are a large number of “Fails to Deliver” in this stock so we (Task Force) have decided to go beyond what would be considered the normal process of notification. The current NOBO/OBO list provided by ADP does not contain all the shareholders that are probably entitled to this distribution in my opinion. While I feel there is a substantial “failure to deliver” position in many firms in this stock, I recently ordered the removal of several short share estimates that have been on the Task Force website for several months. Do not read into this act anything of significance. Information changes by the day, and we are realizing that it will be almost impossible to find all shareholders of this stock. I see no reason to give the detractors any more ammunition to support their commentaries. This mail out will go out to approximately 36,000 account holders. We are requesting formal notification by ADP services to all OBO accounts. OBO accounts are shareholders that object to giving their names and information, so we have to depend on ADP to notify these accounts of our distribution and the request for certs. Our mailing will include approximately 7000 Canadian and other foreign accounts. We have information of shareholders in 60 foreign countries, but we have no reliable way to accurately identify these shareholders and their respective holdings. We will continue to do work in this area. We need the help of shareholders who know others around the world to put the word out. We have gone to great lengths to put together a mailing list that we believe will reach an enormous amount of shareholders that are either not aware of this need to pull physical certificates or that may have had their holdings liquidated or sold without their consent. To do this we have created a master list from a June 2005 NOBO list, January 2006 NOBO list and a Canadian NOBO list. From these we have deducted duplicates and people that have already pulled their certificates as of the 3-15-06 shareholder list. We will be posting the contents of this letter on the CMKX Owners Group website and the CMKM Task Force website today. The letters should be in the mail tomorrow. We are also evaluating rate sheets and deciding the most effective news print media to use to supplement our direct mailing. The legal notice will essentially have the same information as the mail out, and will fulfill any required legal notification. I have been authorized to release a current Securities Position Report from the DTCC. Many of you will write me and ask “What does this mean?”. It simply means this is the current position these companies have in street shares held on deposit at the DTCC. You can draw whatever conclusions you wish based on this information. You can see the report on the www.cmkxownersgroup.com web site, or go to www.cmkxownersgroup.com/spr%204-14-06.pdf Folks, we are embarking on new territory here. No company has ever challenged the market to become transparent as you are doing. Call your fellow shareholders who are not cooperating. Explain as best you can the need to unite for a bit longer. This group can have a profound effect on the stock market if this group stays together and works together in the face of a well coordinated group of bashers and detractors to our efforts. Why do you think the bashers and detractors continue their assault on a non trading revoked company? I am not sure of Mr. Stoecklein’s plans for an official release from the company. Mr. Maheu is to begin his deposition today with the SEC. I will be in contact with his Mr. Stoecklein’s office either tomorrow or Monday regarding an official press release by the company. Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:56:41 GMT -5
Subject: Update April 27, 2006 From: updates@cmkxownersgroup.com Date: Thu, 27 Apr 2006 14:46:43 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Dear Group Members, I met with Don Stoecklein, Bob Maheu and Urban Casavant in Las Vegas on Monday and Tuesday of this week. Various Task Force issues were discussed. There were no meetings with any parties relative to payments or settlements of any kind. Rumors in this regard are false. This office is currently being overwhelmed with calls from individuals responding to our mailout last week. For those of you that are encouraging cooperation by other shareholders, I want to express my thanks to you. Your actions are very important. I heard of one shareholder who went to a small local newspaper (thrifty nickel classified type paper) and put in a $15 ad asking all CMKM shareholders to check their brokerage accounts. This shareholder was concerned that some of the people in his local area did not follow the boards. The ad went on to say that the company was making a distribution to its shareholders. The ad referred the readers to www.cmkmtaskforce.com and www.cmkxownersgroup.com for further details. I would never have imagined the value of such a simple ad until this week. The Task Force office was swamped with shareholders who either knew nothing of this distribution or had their accounts liquidated by their brokers and assumed their investment was a total loss. Onward, Bill Frizzell
|
|
|
Post by sandi66 on Dec 30, 2007 17:57:46 GMT -5
Subject: Update May 15, 2006 From: updates@cmkxownersgroup.com Date: Mon, 15 May 2006 15:23:28 -0700
FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921
Greetings CMKX Owners Group members,
Please feel free to share this update with any CMKX shareholders, especially those that may not be members of this group but have concerns about their certs or inability to obtain them.
The Task Force decided some time ago that no further extensions would be granted for shareholders to obtain their certs and be included in the Entourage distribution. For months now I have volunteered my office and staff as well as the office of The Owners Group, Inc. to help collect the certs and deal with problems caused by the company’s request for this list of bona fide shareholders. I want to personally thank the staff of both of these offices (John, Kevin, Goldie, Ashley, Johnny, Eric, George and others) for their help in the company’s efforts to obtain a bona fide list of shareholders. Many of you received voice mail when you tried to call. Many of you have had difficulties getting through with your faxes. These phones simply ring non-stop from the time we get here until we leave at the end of the day. Between these offices we have 7 lines excluding the three fax lines. If your call went to voice mail or your fax reported a busy signal to you, our staff was assisting with other shareholders or the fax lines were in use.
We have been in regular communication with the Transfer Agent and we have talked with representatives from many of the brokerage houses. We acknowledge that there are many shareholders who have not yet received their certs. We are fully aware that some brokers have taken a position that they do not plan to issue certificates to their shareholders in spite of their fiduciary duty to do so. We know of foreign shareholders that are being told their clearing firm for their broker cannot get certs. We know of Canadian shareholders whose accounts have never been included in the U.S. NOBO. We also know that many shareholders (some unknowingly) have had their accounts liquidated and may not be restored. There are many problems that need to be addressed.
We have documented the circumstances of many shareholders who are trying to obtain their certs but have been unable to do so for various reasons. We are aware there are many shareholders who maintain shares in street name that have not requested certs. We are aware of brokers who refuse to honor the requests of their shareholders to cert their holdings. I discuss these situations with shareholders daily so I am very familiar with the reasons being given for the brokers’ refusal to issue certs.
It was stated in the press release in November of 2005 that the Task Force would “use all means necessary, including bringing Federal or State court legal action to make certain all bona fide CMKM stockholders receive their proportionate allocation.” I am surprised at the actions of many brokers in the face of demands by their customers for certs on their accounts. I have been told there are brokers whose representatives have stated they will never voluntarily cert their accounts as requested by their shareholders. The Task Force was concerned this may occur when it became obvious that certain brokers were cooperating and some were not.
It will be my recommendation to the Task Force that we use all means necessary to assist the shareholder in obtaining their certs. We are most concerned with the legions of Ameritrade, RBC and TD Waterhouse customers (to name a few) who have been trying since November to obtain certs for their accounts. We have seen a copy of the instructions that were sent from the DTCC to its broker participants in November of 2005 advising them of this certificate request. It is much easier to understand the concerns of those brokers who were not notified in November of 2005 and shareholders who only recently learned of the company’s request for certs. The Task Force will make allowances for those
shareholders who have certs in transit or simply did not receive notice of the company’s requests a short time ago. I have said on many occasions that this Task Force is not attempting to keep shareholders from obtaining their Entourage distribution, but is trying to make sure that all shareholders of CMKM Diamonds, Inc. receive this distribution.
Arrangements are being made at this time for a meeting between the Task Force and the Transfer Agent. The purpose of the meeting is to discuss the official shareholder list and to examine pending requests for certificates. The records of the Transfer Agent will be combined with the information received by the Task Force to arrive at a bona fide shareholder list. The Transfer Agent has been most helpful and cooperative with the company in our efforts to obtain a bona fide shareholder list. I have reasonable assurance from the parties that this meeting can occur this week. I have not been told when the company will issue a formal press release announcing the next step in the proceedings.
Please continue to inform this office of any problems regarding your efforts to obtain your certs.
Onward!
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:58:40 GMT -5
Subject: Update May 17, 2006 From: updates@cmkxownersgroup.com Date: Wed, 17 May 2006 11:36:04 -0700
FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921
Greetings CMKX Owners Group members,
Our office received an overnight package yesterday from Ameritrade totaling approximately 1,000 certs. The cover letter with the package states they will be sending another 500 certs tomorrow. In addition to this package, the faxes and mailed in certs have been arriving in large amounts each day. The current backlog is approximately 2,000 certs. Our staff manually scans in the certs and inputs them into the system. Each cert has to be checked by those inputting the data into our system against our database to avoid duplications. This process is time consuming but will be completed in short order. This may explain why those of you that are attempting to fax your certs may experience a busy signal. Your patience is appreciated.
Lately, it seems certain posters delight in sending disrespectful emails to me and some of my staff after every update. I do not expect all shareholders to be delighted with the information I impart with my updates. Many shareholders, myself included, are frustrated. We have a right to be frustrated. But in my opinion progress is being made on many fronts. For those of you who have sent us “attaboys” and letters of support, we acknowledge them and appreciate them very much.
Onward!
Bill
|
|
|
Post by sandi66 on Dec 30, 2007 17:59:41 GMT -5
Subject: Update May 25, 2006 From: updates@cmkxownersgroup.com Date: Thu, 25 May 2006 14:26:38 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 Greetings CMKX Owners Group members, Our office this morning received a second batch of certs from Ameritrade. This bundle of certs included approximately 1,200 certs and most of them had an issuance date of May 15, 2006. Work has begun to have those certs entered into our database. The cover letter says we can expect 200 more in the next few days. We are receiving calls from shareholders wanting to know when to expect the Entourage distribution. I do not have the answer to that question. Many people are wanting to know if they should continue to request their certificates. Yes, you should continue to request your certificates. Once you have received your cert (whether it was issued before or after May 15, 2006) please fax the cert to the Task Force. (www.cmkmtaskforce.com) The company does not intend to deprive any bonafide shareholder of his or her distribution. There has been no extension of the May 15, 2006 deadline. There has been no discussion of extending the deadline. Clearly there are shareholders with extenuating circumstances and all circumstances will be considered by the Task Force. Therefore, continue your efforts to obtain your certs and send them to the Task Force. The Task Force has not met with Helen Bagley as of the time of this update. First Global is continuing to issue certs at the request of several brokers. I expected some word from the company this week regarding a press release. I have not received any information on when the next press release from the company will be issued. Onward! Bill ---------------------------------------- Subject: Update May 31, 2006 From: updates@cmkxownersgroup.com Date: Wed, 31 May 2006 16:18:44 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 May 31, 2006 Greetings CMKX Owners Group members, I have forwarded a formal complaint to the NASD regarding the plight of the shareholders who have been unable to obtain their certs from their broker. The task force is exploring its litigation options to help resolve the matter. You can view this letter on either the cmkx owners group site www.cmkxownersgroup.com or the task force site www.cmkmtaskforce.com . Onward! Bill
|
|
|
Post by sandi66 on Dec 30, 2007 18:01:11 GMT -5
Subject: August 1, 2005 From: jmartin@cmkxownersgroup.com Date: Mon, 1 Aug 2005 15:43:44 -0700 FRIZZELL LAW FIRM 305 S. Broadway, Suite 302 Tyler, Texas 75702 (903)595-1921 E-Mail jmartin@cmkxownersgroup.com Dear Members, We have posted a letter to the CMKX Owners Group website which was just received from Don Stoecklein. www.cmkxownersgroup.com CMKM Diamonds, Inc. has formally withdrawn the offer of settlement which was initially made to the SEC. The letter is self explanatory. Settlement discussions will continue but I do not expect substantive discussions until a new auditor can be retained. I have been advised an 8k will be filed by the company tonight or tomorrow. Don and I have been discussing the auditor situation and Don remains confident the company will continue its efforts to obtain an auditor to complete the task. Onward, Bill
|
|
|
Post by sandi66 on Dec 30, 2007 18:05:46 GMT -5
Subject: update June 22, 2006 From: updates@cmkxownersgroup.com Date: Thu, 22 Jun 2006 15:38:19 -0700 FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921 June 22, 2006 To: Members of the CMKX Group Task Force Matters I have posted on this date a letter from Don Stoecklein announcing the dissolution of the CMKM Task Force. The letter is posted in the document section of our web site at www.cmkmtaskforce.com and www.cmkxownersgroup.com . The letter is self explanatory. There are ongoing discussions with CMKM about the recommendations we have made to the company to bring this distribution process to a conclusion. I have not received word from the company how CMKM wishes to proceed. It is clear to me from the communications we are receiving from shareholders, the transfer agent and in some cases the brokerage houses, that identifying all CMKM shareholders will require some assistance from the Courts. We (Task Force members) all agree that obtaining help from the Courts should begin sooner rather than later. The company is examining its options and understands the importance we place on acting now to complete this distribution process. NASD Investigation I have also posted on this date a note I received by email today from Market Regulation at the NASD. The letter acknowledges receipt of the complaint letter which was file on behalf of all the shareholders. I will allow for some additional time before calling this contact person regarding our complaint. Health Problems of UC I was told a couple of weeks ago of UC being involved in a serious accident. This was confirmed to me by other parties. I have talked with Urban since the accident and I have wished him well in his recovery. I was told that details of this accident would be forthcoming in an official release from the company. Thus, I will await such release for whatever details the company chooses to share with the public. Communications with the Company My office gets calls and emails on a daily basis wanting information about the company. I simply do not have any information to provide to you. I do not participate in the spreading of rumors. I will not report anything to you that I have not verified in some form or fashion. I have told several shareholders that I am cautiously optimistic about the future of CMKX stock. This optimism stems from general conversations with certain people that Urban has asked me to visit with. I do not know of any specific assets of CMKM other than the Entourage stock. My most recent conversations with people who are close to Urban lead me to believe a press release from the company is forthcoming. In fact, such release to you was promised last week. I am hopeful there is good reason for this delay and I look forward to this press release. Onward. Bill Frizzell
|
|
|
Post by sandi66 on Dec 30, 2007 18:06:58 GMT -5
Subject: Update June 29, 2006 From: updates@cmkxownersgroup.com Date: Thu, 29 Jun 2006 15:34:32 -0700
FRIZZELL LAW FIRM 602 S. Broadway Tyler, Texas 75701 (903)595-1921
June 29, 2006
To: Members of the CMKX Group
Task Force Matters
I have been asked by several shareholders if they should continue to send their certificates to the current fax numbers listed on the Task Force web site. (www.cmkmtaskforce.com) Please understand that the company remains dedicated to identifying all of its bonafide shareholders. We receive certificates on a daily basis and we will continue to do so. You (all shareholders) are still being requested by the company to obtain your certificates and to send them to the fax numbers set out on the Task Force site if you have not already done so. Any broker or other advisor that suggests anything contrary to this statement is improperly advising you. My office has agreed with CMKM Diamonds, Inc. to continue to collect the certificates sent in by shareholders. We will continue to input the copies of your certificates into our database. CMKM management has agreed that it would accept late filed certificates. I have not received a final decision from the company on the action it will take to finish the Entourage distribution process. As soon as a decision is made and it is conveyed to me, I will gladly share it with you.
Have a happy and safe Fourth of July.
Onward,
Bill Frizzell
|
|