October 20, 2010
gusjarvis
Diamondologist
Posts: 368
GOB YOU SAID I DID NOTHING TO RELEASE THE MONEY
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But my friend that is not totally true, yes the money is not released, and Mr. Frizzell, Mr. Hodges, and Mr. Maheu, and any other mister you know hasn't done it either, but Mr. Nelson risked his life for you to ask a real judge in the Supreme Court of British Columbia release your money.
I consulted with Al Hodges the night before I walked into court on Feb. 4th 2010 and ask for 50 000 shareholders in CMKX to receive justice. Mr. Hodges said he would take a call from the court room that day and confirm we have a trust fund that is being withheld from us.
That night I asked Mr. Hodges if I had a bulls eye on my back, and he said yes, but smaller than the one on his. I phoned the RCMP that morning and ask them to make sure I made it into court safe.
I presented this to the court and filed it on behalf of every shareholder, including you. It is from me for better or worse, grammar and spelling and all, so brig sorry.
I am now willing to bring back this court case from the dead if we are not paid, and it will be altered to reflect all I have learned in the last six months, it will pass, and it will work if needed. I am willing to risk it all for you, so don't ever say I did nothing to release your funds please:
No E85268
Kelowna Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN: CMKX SHAREHOLDERS COALITION FOR JUSTICE
Plaintiff
AND: THE US SECURITIES AND EXCHANGE COMMISSION
Defendant
AFFIDAFIT
I David Nelson, of #101 1865 Dilworth Drive Kelowna British Columbia, MAKE OATH AND SAY AS FOLLOWS:
1. I am the Plaintiff in this proceeding and as such have personal knowledge of the matters and facts hereinafter deposed to, save where stated to be on information and belief and where so stated I verily believe the same to be true.
2. In the CMKX SHAREHOLDERS COALITION FOR JUSTICE VS. THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION , Kelowna Registry No. S 85268, the CMKX Shareholders Coalition for Justice (The Coalition) entered evidence showing the United States Securities and Exchange Commission (SEC) did collude with the corrupt management of CMKM Diamonds Inc. (CMKX). A detailed paper showing collusion between CMKX management and the SEC was presented as evidence in the November 6th writ of summons and is presented here:
cmkx.info/omegapaper110309.html3. CMKX represents the largest counterfeited stock in history (per attorney Al Hodges comment letter to the SEC file number S7-08-08). It was counterfeited by insiders of CMKX with the full blessing of the SEC along with many other firms. The SEC was fully aware of John Edwards, a corrupt insider of CMKX, who is currently indicted by the DOJ, laundering money (selling unregistered shares) through various accounts at NevWest Securities Corp. years before they took action. The evidence is in the phone records of NevWest Securities Corp., who contacted the SEC each time Edwards came in with a cert to sell through different accounts, which were based in Langley, British Columbia, Canada. Instead of stopping the fraud, the SEC told NevWest Securities Corp. to sell the stock, effectively aiding the fraud. Instead of taking action the SEC and NASD (FINRA) ignored the evidence and dozens of other red flags, allowing the scheme to continue unabated, costing CMKX shareholders hundreds of millions of dollars.
4. The SEC and a task force from the FBI/DOJ/IRS and others subpoenaed records that proved insiders of CMKX were laundering money through the Silver State Bank and selling counterfeit stock on September 5th 2004, after which they allowed the fraud to continue despite having this evidence and allowed hundreds of billions of unregistered shares to trade and cost CMKX shareholders hundreds of millions of dollars. At the same time the SEC was in contact with CMKX attorney, and former SEC attorney, Roger Glenn who it appeared facilitated this fraud. They were fully aware of the fraud, and through its negligent actions and inactions the SEC caused CMKX's scheme to continue, perpetuate, and expand, eventually resulting in millions of losses by investors.
5. Given the ease it was to prove the collusion of the SEC and corrupt CMKX management, and given the fact that a task force from the RCMP/FBI/DOJ/IRS/SEC had all the evidence they needed in 2004 to stop this fraud and allowed the fraud to flourish and be promoted, it was assumed this was a sting operation by many shareholders who documented the evidence over years. Mark Faulk, ex CEO of CMKM Diamonds Inc. said, “there are unconfirmed reports of a major sting operation targeting dozens of others involved in the CMKX scandal”. He later denied this fact due to signing non-disclosure agreements. The company itself due to strict non-disclosure agreements and the SEC along with other agencies involved would not confirm this fact, so the CMKX Shareholders Coalition for Justice put together a paper showing the collusion between the SEC and CMKX management, along with other evidence, and filed a case against the SEC on November 6th, 2009. Evidence presented in the Coalition’s writ, which will be added to this affidavit, clearly show the SEC has aided and abetted the systematic counterfeiting of the stock market for over a decade, and CMKX in particular. And although the SEC has participated in several sting operations with many different agencies with the appearance of fighting the counterfeiting of the stock market, the crime and its cover-up continue to this day. Although the SEC has identified hundreds of victim companies and know exactly who the perpetrators are on Wall Street, evidence will show the SEC has gone after the victims and shielded the perpetrators from almost any criminal prosecutions, despite the fact that the crime has cost retail investors multiple trillions of dollars.
6. The fact that CMKX was a sting operation has now been confirmed subsequent to the filing the Coalition’s writ of summons on November, 6th 2009, which is pertinent to our case as it explains the collusion that was proved in our case was for a purpose. In case number CV10-00031-JVS (MLGX), A. Clifton Hodges, State bar No. 046803, filed a complaint in the United States District Court Central District of California against the SEC for 3.87 trillion dollars on January 10th 2010. The case confirms CMKX was used as a vehicle in a sting operation, and statements made in the case are now confirmed by talks taking place to release the money from the frozen trust accounts between Al Hodges and the SEC and other Government entities. In preparation for my filing I have had discussion with Al Hodges and he has confirmed directly to me that these trusts are there and the funds have been collected. His lawsuit is only to force the release of the already collected funds. These trust accounts hold monies from perpetrators who made deals to stay out of jail for their crimes and from proceeds from land sales. Several plaintiffs who hired Al Hodges in this case have confirmed on public forums that talks and actions are ongoing to release these monies, but the U.S. Government has repeatedly lied about the release of those funds, including sending codes to release the money that did not work, and that money was missing out of the trust fund when access codes worked. Hodges and Associates confirmed that these comments were from plaintiffs in this case. Al has confirmed in his suit that the SEC has lied to CMKX shareholders representatives for years about imminent release of the shareholders trust accounts. Many shareholders have died while waiting for their Government to release their property that was illegally being held from them. This information proves that the evidence presented in Al Hodges case is corroborated given they are in the process of getting the funds released by the United States government that were collected in the sting operation. The continued lies by the United States government and stalling of release of these funds forced Al Hodges to finally file a 3.87 trillion dollar Bivens based class action law suit against members of the SEC and FBI. To this moment the United States Government is saying the release of funds is imminent but thousands of shareholders sit watching daily as they are lied to again and again. The fact that the SEC has lied to lawyers representing CMKX shareholders follows their modus operandi in many other well known cases which will be presented as evidence. Evidence gathered for this case show complete collusion of the SEC with the perpetrators in the theft of trillions of dollars from retail investors by systematically counterfeiting all kinds of financial instruments including stocks and treasuries. Comments made by Bud Burrell (file No. S7-19-07 to the SEC), consultant for John O’Quinn who has a multi trillion dollar class action going against the same perpetrators, says that failure to delivers (counterfeit stock) is now over thirteen and a half billion dollars a day, and that there is more naked short shares in the market than there is outstanding shares. Facts will be presented that show the United States Government and Canadian Government worked together to fight this pandemic fraud, but that the SEC in fact aided the fraud by their actions and inactions, and that they are a totally captured regulator by the industry they are suppose to regulate.
7. To focus on the CMKX situation first before focusing on the overall fraud, one has to look at the evidence presented by Al Hodges. Before actually filing his lawsuit Al Hodges gave the SEC the chance to release the funds collected for the shareholders, and in a litigation update to his plaintiffs on December 16th Al Hodges included this statement: “During the period from March, 2004 through August, 2006, on behalf of CMKM Diamonds, Inc. Robert A. Maheu, with assistance from Royal Canadian Mounted Police…, negotiated a settlement with the illegitimate brokers, dealers, market makers, hedge funds, and other persons and entities that had engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company. In exchange for a U.S. Government promise of no prosecution for such sales, the wrongdoers each promised to pay negotiated amounts to a frozen trust for disbursal at a later time.”
8. Paragraphs 8 through 17 contain excerpts from case CV10-00031-JVS (MLGX) which are relevant to The Coalition’s case, quotes that are again corroborated by the fact the SEC and or United States Government officials to this day are promising imminent release of these funds. Al Hodges case confirms what Al stated in his comment letter to the SEC, that CMKX was the largest naked shorted stock in history, “During the period of June 1, 2004 through October 28, 2005 a total of 2.25 Trillion “phantom” shares of CMKM Diamonds Inc, was sold into the public market through legitimate brokers, illegitimate brokers and dealers, market makers, hedge funds, ex-clearing transactions and private transactions. The sales of the majority of such shares were at all times known to the Securities and Exchange Commission, including Defendants herein.”
9. “At some date prior to June 1, 2004 the Securities and Exchange Commission in concert with the Department of Justice of the United States, together combined with Robert A. Maheu and others to utilize CMKM Diamonds, Inc. for the purpose of trapping a number of widely disbursed entities and persons who were believed to be engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company.”
10. “The Securities and Exchange Commission and the Department of Justice, with assistance from the Department of Homeland Security, believed and developed evidence that said short sellers were utilizing their activities to illegally launder moneys, wrongfully export moneys, avoid payment of taxes, and to support foreign terrorist operations. To fulfill the plan to criminally trap such wrongdoers, the Securities and Exchange Commission, with assistance from the Departments of Justice and Homeland Security:
(a) Assisted in and approved the retention of Roger Glenn, an ex-SEC trial attorney and drafter of Sarbanes-Oxley, to join CMKM Diamonds Inc. for the purpose of verifying claims value, increasing authorized shares of stock to 800,000,000,000, and supervising from the inside of the company;
(b) Encouraged the company to expand its promotional activities, assisted in the set up of the “racing activities” of the company, and underwrote a substantial portion of the cost of such activities;
(c) Consented to, facilitated, and supported the sale of certain company claims to several foreign corporations;
(d) Consented to, facilitated, and supported the conferences between Robert A. Maheu and his associates on the one hand, and the wrongdoing short sellers on the other, all for the purpose of settling the potential liability of said wrongdoers with consent of the U. S. Government and a representation of no criminal prosecution for such illegal sales;
(e) Consented to, facilitated, and supported the declaration of dividends payable by the company to each common shareholder of CMKM Diamonds, Inc.
(f) Consented to, facilitated, and supported the distribution of shares of CIM, a private company owned by Urban Casavant, as a stock dividend, including consent and approval of distribution of said shares to holders of more than 1.4 Trillion shares of CMKM Diamonds, Inc. common stock.”
11. “During the period from November, 2004 through April, 2005, CMKM Diamonds, Inc. negotiated the sale of some of its Saskatchewan, Canada, mineral claims to three Chinese domiciled corporations with the advice and consent, inter alia, of the Securities and Exchange Commission. Proceeds from the consummation of such sales were placed into a frozen trust for disbursal at a later time.”
12. “During the period from March, 2004 through August, 2006, on behalf of CMKM Diamonds, Inc. Robert A. Maheu, with assistance from others, negotiated a settlement with the illegitimate brokers, dealers, market makers, hedge funds, and other persons and entities that had engaged in naked short selling of CMKM Diamonds Inc. stock and cellar boxing the company. In exchange for a U. S. Government promise of no prosecution for such sales, the wrongdoers each promised to pay negotiated amounts to a frozen trust for disbursal at a later time.”
13. “Plaintiffs herein are informed and believe, and based thereon allege, that other moneys have been collected for the benefit of the shareholders of CMKM Diamonds, Inc. from the Depository Trust & Clearing Corporation, from the United States Government, and from the sale of additional assets including consent to enter into joint venture agreements with other companies holding mineral claims in Saskatchewan, Canada. Plaintiffs herein are further informed and believe, and based thereon allege, that said moneys, collected for the benefit of shareholders have also been placed in a trust or are otherwise now held in trust by the Depository Trust & Clearing Corporation and the United States Treasury.”
14. “Plaintiffs herein are informed and believe, and based thereon allege, that at all times mentioned, the Securities and Exchange Commission reserved unto itself the sole and absolute discretion to determine when moneys collected pursuant to the scheme set forth above would and could be released for distribution.”
15. “Demand for release of said moneys has been repeatedly presented to the Securities and Exchange Commission without result. Agents and employees of the Securities and Exchange Commission and the Department of Justice have represented repeatedly that the release of moneys for distribution was imminent, and/or would occur within several weeks, and/or would occur within less than a month. Each of said representations have been made knowing them to be false, and at the specific direction of the named Defendants. These actions of withholding distribution of said moneys, without compensation and without due process of law, amount to a taking of the property of the individual Plaintiffs and of all similarly situated.”
16. “At all times mentioned herein, the Defendants acted with deliberate indifference or reckless disregard for the Constitutional and other rights of all Plaintiffs, or with the intention and knowledge that they were violating Plaintiffs’ Constitutional or other rights or to cause them other injuries, losses and damage.”
17. “As a result of the Defendants’ misconduct, each of the named Plaintiffs and all of those similarly situated, have been denied their Constitutional rights, including, but not limited to, their Fifth Amendment right to be secure in their property, free from taking without just compensation and without due process of law, and have suffered injuries and property loss in excess of Three Trillion Dollars.”
18. The fact that the SEC participated in a sting operation using CMKX, then lied to CMKX shareholder representatives is only one issue in this case, the second is the modus operandi of the SEC and other regulators involved, including the U.S. and Canadian Governments, and in particular the RCMP and FBI. Given the fact the SEC and these authorities have conducted sting operations over the past decade regarding the counterfeiting of the stock market it needs to be explained how the same crime continued unabated for a decade by the same perpetrators. Evidence that will be presented by the Coalition will include congressional investigations and whistleblowers from the SEC that clearly prove the SEC has engaged in several well known cover-ups of crimes involving the counterfeiting of the stock market and are in fact “in bed with the industry” they regulate to the point where they make regulations with the same perpetrators which aid in facilitating the crime and its cover-up. They have ensured that retail victims and the companies they invested in would never recover from the fraud committed against them, and they made sure the perpetrators would not be held accountable, the whole time multiple Government Agencies and authorities watched and did nothing to prevent trillions of dollars in loses to the general public who were unwitting victims in this pandemic fraud.
19. The SEC has for decades colluded with Wall Street firms, the DTCC, the Federal Reserve, hedge funds, and others to defraud all shareholders. Between 1996 and 2001 the SEC and FBI were tracking money laundering through Canada, and knew crime families were trading naked short through Canada as Canada had no affirmative determination laws. In 1998 the SEC received over 3000 comment letters regarding the abuses of naked shorting. In 1999 the SEC participated in “operation uptick” which identified hundreds of companies that were victims of crime families who worked in concert with major wall street firms (none of the firms or those working in these wall street firms were indicted despite the fact that the crime family members they worked with were convicted of RICO crimes). In 2001 the NASD presented the SEC a proposal to modify RULE 3370 to eliminate the loophole associated with the naked shorting through Canada (the loophole was a clear violation in itself of RULE 17A). In 2001 EagleTech Communications filed RICO charges against many well known brokers on Wall Street and eventually won their criminal RICO case against crime family member who worked with many of those well known firms. They finally closed the loophole in April 2004 better than two years later and trillions of dollars in counterfeit shares later, but other loop holes created by the SEC in collusion with these same perpetrators has allowed the crime to continue to today. In October, 2009 Senator Ted Kaufman was seeking cosponsors for bill SB 605, which if passed would require the SEC to reinstate the uptick rule and enforce other regulations against abusive short selling as the SEC themselves refuse to follow their constitutional mandate.
20. EagleTech Communications will be used as an example of one of thousands of victim companies by the same group of perpetrators. They are one of the best examples of what has happened as they have already received convictions in their criminal RICO case regarding the crime family members who worked with Wall Street firms to laundry their proceeds from counterfeiting EagleTech stock. They are also a great example how the SEC treats the victims in these cases and the perpetrators, as the SEC instead of going after the perpetrators went after the victim and protected the Wall Street firms who worked with the convicted crime family members. Excerpts from Rod Young, CEO of EagleTech communications, “in an August of 2004 luncheon meeting with a potential witness in Eagletech’s civil case a member of the CIA showed up un-announced to me wanting details of the involvement of Jonathan Curshen and his Costa Rican Offshore asset protection company Red Sea Management in the demise of Eagletech. I was encouraged to write a criminal referral to the U.S. Secret Service who is charged with investigating counterfeiting of corporate securities under 18-USC-514. I authored 15 pages with 100 pages of evidence implicating the SEC and the DTCC as accessories to the crime. That referral was hand delivered to the Secret Service in Washington DC as a courtesy by the agent.” Despite having overwhelming evidence and winning their criminal RICO case against the crime family member who aided Wall Street brokers who counterfeit their stock, the SEC deregistered EagleTech and forced the victim to have to file RICO charges against the Wall Street firms themselves. The Wall Street firms identified in “operation uptick” that were involved in committing RICO crimes against hundreds of companies received nothing, while crime family members went to jail who laundered the proceeds from these crimes. Inexplicably the SEC ran a sting but aided the perpetrators, while ensuring the victims companies identified in that sting would never recover by creating an illegal clause with these same perpetrators. This illegal ‘grandfather clause” allowed these perpetrators to avoid having to cover their counterfeit shares they created, thus ensuring the depressed stock price would never recover due to the dilution created by the counterfeit shares. These victims companies would never recover due to the collusion between the SEC and these corrupt firms, and unsuspecting public lost trillions of dollars buying fake stock in publicly traded companies.
21. Rod Young, CEO of EagleTech Communications stated “Every shareholder of any Company in America who purchased shares and cannot get them delivered has a cause of action against the SEC as an agency of the U.S. Federal Government for violation of their 5th Amendment Constitutional property rights.” EagleTech is just one of thousands of victim companies systematically manipulated and cellar-boxed by the brokerages under the supervision of the SEC and were then delisted / put out of business by the SEC when financially unable to meet their reporting and other business obligations, eliminating any obligation of the brokerage firms to deliver real shares or value to those they sold counterfeit stock to.” And this talking of the SEC, “In my opinion this action against the Company is designed to conceal its own culpability in, using the SEC’s own words, “delivery failures greater than a company’s total public float.” De-registration of the Company’s shares stands to reward manipulators just as a bankruptcy would, since the manipulators would never have to purchase the stock to close out delivery failures still on the DTCC’s books. In my opinion the SEC’s decision to grandfather known criminal securities manipulation has violated the Constitutional 5th Amendment rights of Eagletech shareholders by an inverse taking of their property without due process and without compensation.
gusjarvis
Diamondologist
Posts: 368
Re: GOB YOU SAID I DID NOTHING TO RELEASE THE MONE
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thanks, but I am seriously not wanting thanks, I filed this went to court and after this could have proceeded. I stopped my major action because Al said it was imminent, I felt that was the truth, I do believe that Al felt it was. The dates came after that where I had inside info I felt, the end was here, we are still waiting over eight months later.
I ask Jerald Burkin how it was possible we could be sitting here this long, how is it possible Al has told us over twenty times it is over, and we are still here, Jerald how the f is it possible.
I know you are reading this Jerald, I ask you right now how is it possible the doj and fbi and rcmp allowed tens of trillions of dollars be stolen from us, our retirements ruined. Am I suppose to take you serious, are we suppose to just take it up the A forever.
It is time for the shareholders to get paid or revolt, not against Al, but revolt against the complete bullshi* we have been put through if this is not the one. This is nothing against Al, Bill, or any of the team that worked this, this is about us. We can make a difference, there is no more excuses, either the money moved or it didn't.
I look for everyone's support for all the movements going if this is not the week. Doing action is not that difficult, it is not that scary. It is up to you to talk to the Jerald Burkins, they are not that tough to talk to, they are just people.
gusjarvis
Diamondologist
Posts: 368
Re: GOB YOU SAID I DID NOTHING TO RELEASE THE MONE
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and of course it is tough to tell who is real, acca worked for us, I was told that it was tough to play more than one charter in this. It is just a fact the team used the boards continuously, John Martin watched the boards every single day, they worked them, they played both sides of the fence and still do.
gusjarvis
Diamondologist
Posts: 371
Re: GOB YOU SAID I DID NOTHING TO RELEASE THE MONE
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please, more to come tonight for sure, but let me tell you I am not worried about one thing goodolboy or anyone else has said, I understand the game, although I am one of the only outsiders who got to play a bit besides a few others imo.
I took everything fishing said and just went why, not what, why. It holds true to today.
They strung us along, they all did, and it was on a silver platter, did they get strung along, that is what I hope, that is what I think. Fishing said all his posts were for a purpose to me, they were, they are, goodolboys are, pedros are.
We can affect them game if we stop watching the rumors
Mike my friend, not worried about gob, not the purpose of this thread, but do respect some of the posters who play characters, they did one hell of a job my friend.
gusjarvis
Diamondologist
Posts: 371
Re: GOB YOU SAID I DID NOTHING TO RELEASE THE MONE
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This is Howard Elisofon, he sued the sec on behalf of some of the madoff victims. I read where he took some clients pro bono, so I phoned Howard and he actually phoned me back. I told him of my lawsuit in Canada against the sec, this is before al's suit, and ask him to take us as his clients. H said he takes no pro bono and the only reason he took these cases is because they are his clients already and they had lost millions and he felt bad.
He listened to me for fifteen minutes, he said said send me your info and there is a slim chance he will take the case. Bottom line is he sued the sec, we can sue the sec, and this is the letter to get around the tort requirements.
As ridiculous as it sounds, to sue the sec you have to file an administrative claim with them, Howard did, they of course said they did nothing wrong, and he then after six months of waiting he got to sue them as a group, no individuals.
This is a draft of a letter about to be sent to the sec before I felt the release of our money was imminent. This is about to come back from the dead along with other work since imminent is not even on the horizon it appears. If it is then who cares right.
Omega, thanks for all the hard work!
www.herrick.com/sitecontent.cfm?pageid=15&itemid=10954&type=2To the Securities and Exchange Commission as a Whole
The CMKX Shareholders Coalition for Justice (Coalition) respectfully submits to the court that the Coalition seeks relief from filing an administrative claim with the Securities and Exchange Commission (SEC) in the case: CMKX Shareholders Coalition for Justice, Plaintiff and The US Securities and Exchange Commission, Defendant. The Coalition has submitted evidence that shows that the SEC has covered up its ineptness and corruptness in the aforementioned case in particular. Furthermore, the Coalition has submitted evidence that shows that the SEC has covered up its ineptness and corruptness in the financial markets in general. During numerous congressional hearings, the members of congress who have questioned various higher-ups of the SEC, have not only proven that employees of the SEC have incessantly failed to perform their sworn/fiduciary duties which are to oversee the securities markets, to enforce the federal securities laws, and to protect investors, they have actually become perpetrators against the very investors whom by law they are mandated to protect.
Furthermore, the Coalition requests that the court immediately take jurisdiction of said case. Unfortunately, the ineptness and corruptness of the SEC continues unabated. Even the United
States Senate has become unwilling to put up with the ineptness and corruptness of the SEC any longer, and therefore has introduced SB605, a bill that would require the SEC to reinstate
the uptick rule and effectively regulate abusive short selling activities -- In other words, said bill would force the SEC to perform its sworn/fiduciary duties that, by law, it is already mandated to perform. By refusing to enforce the Securities Act of 1933 and the Securities Echange Act of 1934, the SEC has aided and abetted the crime of counterfeiting of the stock market. The SEC purposely allows RULE17A to be contravened daily by those they collude with on Wall Street. The SEC allows billions of shares to be counterfeited daily. Therefore time is of the essence. To put an end to this worldwide fraud, the Coalition demands that the SEC perform its sworn/fiduciary duties and begin to immediately enforce RULE17A as it is mandated to do.
The SEC purposely makes rules, clauses, and exemptions that directly contravenes its constitutional mandate to protect investors, an example of which is the market maker exemption, or the Madoff exemption, which allows mass counterfeiting of the stock market. The SEC purposely created that exemption and the Grandfather Clause to protect the naked shorters and to conceal their illegal naked short sales. These actions by the SEC prove they are not capable of being unbiased. By its corruptness, the SEC facilitates pandemic counterfeiting of the stock market.
The Coalition presents clear evidence the SEC not only broke its constitutional mandate to protect investors, but also engaged in criminal cover-ups in different cases involving counterfeiting of the stock market inn general and CMKM in particular. These cases clearly show the SEC is incapable of being unbiased, as they are protecting their own culpability. The evidence will show that Judge Brenda Murray was directly involved in the cover- ups of both CMKM and Gary Aguirre, who was investigating market wide corruption. The Coalition presents the following examples that clearly show the SEC is incapable of being unbiased, and in fact has been involved in worldwide criminal cover-ups that warrant a Special Prosecutor or International Tribunal to investigate: Here Rep. Ackerman (D-N.Y.) is referring to the SEC when investigating the cover-up of the Bernie Madoff case, “Your contribution to this proceeding is zero. We thought the enemy was Mr. Madoff. I think it’s you.”Senator Charles Grassley (R-Iowa), who spearheaded the investigation (into the Gary Aguirre cover-up) with Specter, said, “
t looked like the lawyers for the wrongdoers wrote the decision.” In January 2007, the Senate released a preliminary report. Marcy Gordon of AP News summarized it: “an official review raises serious questions about the Securities and Exchange Commission’s handling of an insider- trading investigation and the possibility of a cover-up amid allegations of political interference….After taking testimony and reviewing thousands of documents, many of them provided by the SEC, the judiciary panel’s preliminary findings show ‘extraordinarily lax enforcement by the SEC and … may even indicate a cover-up by the SEC,’ [Senator Arlen] Specter said. The SEC’s handling of the matter, including a review of the attorney’s allegations by the agency’s inspector general, has all of the earmarks of the obstruction of justice’, he said.” The Senate’s report stated the following conclusions (emphases in the original): “Staff Attorney Gary Aguirre said that his supervisor warned him that it would be difficult to obtain approval for a subpoena of John Mack due to his ‘very powerful political connections.’ Aguirre’s claim is corroborated by internal SEC emails, including one from his supervisor, Robert Hanson. Hanson also told Aguirre that Mack’s counsel would have ‘juice,’ meaning they could directly contact the Director or an Associate Director of Enforcement. “SEC management delayed Mack’s testimony for over a year, until days after the statute of limitations expired. After Aguirre complained about his supervisor’s reference to Mack’s ‘political clout,’ SEC management offered conflicting and shifting explanations. “The SEC fired Gary Aguirre after he reported his supervisor’s comments about Mack’s ‘political connections,’ despite positive performance reviews and a merit pay raise.
“After being contacted by a friend in early September 2005, Associate Director Paul Berger authorized the friend to mention his interest in a job with Debevoise & Plimpton. Although that
was the same firm that contacted the SEC for information about John Mack’s exposure in the Pequot investigation, Berger did not immediately recuse himself from the Pequot probe. Berger ultimately left the SEC to join Debevoise & Plimpton. When initially questioned, Berger’s answers concerning his employment search were less than forthcoming.
“The SEC’s Office of Inspector General failed to conduct a serious, credible investigation of Aguirre’s claims.”
www.deepcapture.com/wall-street-captures-the-sec/
From Investigatethesec.com, the Judge that is referred to in these comments is the same Judge Brenda Murray who colluded to keep vital information out of the CMKM Administrative Hearing,
which directly damaged all shareholders. This evidence would have proved the SEC colluded with the previous CMKM management that masterminded the pump and dump scam. It would have also disclosed the names of the other brokers that counterfeited CMKM stock, the names of which are still being was covered up. The following is from investigatethesec.com: "Then the agency’s cover-your-ass team went into action. An administrative law judge, one Brenda Murray, was assigned to second-guess Kotz’s report (Inspector General of the SEC). Just a few weeks later, her 15-page paper exonerated the two officials who Kotz said should be disciplined. Kotz was shocked and said so publicly.”
"Now we get to the heart of the agency’s double-dealing. As Senator Specter stated, Brenda Murray “was described in press accounts as an administrative law judge, and it was not until
further inquiry that the SEC admitted she was not acting in a judicial capacity in issuing her decision.” In short, the agency picked a loyal staffer who happened to have the title
“administrative law judge” and had her exonerate the officials who had been sharply criticized by the Senate committees and by the inspector general. But she was not acting as a judge at all
— just a soldier taking orders.
"Murray’s quickie report “was completely irregular in every detail,” says Aguirre. “It was outside the jurisdiction of an administrative law judge. The SEC pulled a scam.”
"In the same report in which she cleared Aguirre’s nemeses, Brenda Murray vindicated an agency official who closed an investigation into the derivatives dealings of Wall Street’s
Bear Stearns in 2007. Early the next year, the Wall Street firm was rescued from bankruptcy when it was forced into J.P. Morgan, backed by $29 billion of federal money. Bear’s derivatives
gambling was to blame. The agency missed it and then exonerated itself. And the agency is going to look into whether it did its job properly in the Madoff case? Come now."
www.investigatethesec.com/drupal-5.5/?q=node/567
The following are examples from the Bernie Madoff cover-up. The SEC is currently being sued by Madoff Victims by Howard Elisofon for their negligence in this case:
Referring to the SEC in the Madoff case, Rep. Ackerman (D-N.Y.) “Your contribution to this proceeding is zero. We thought the enemy was Mr. Madoff. I think it’s you.” From whistle blower Harry Markopolos
“FINRA is definitely in bed with the industry.” Asked later by Rep. Kanjorski about those comments as well as which one Markopolos thought was better, “a corrupt regulator or an
incompetent one,” Markopolos answered, “I’d give the SEC an A+ for incompetence and FINRA an A+ for corruption.
The current head of the SEC, Mary Shapiro, was head of FINRA, and who Harry Markopolos said was in bed with the industry. She was also a dear friend of Bernie Madoff. According to Bernie Madoff: Madoff also told Kotz that SEC Chairwoman Mary Schapiro was a “dear friend,” although she “probably thinks, ‘I wish I never knew this guy.’”
www.sec.gov/news/studies/2009/oig-509/exhibit-0104.pdf
One last example, from literally hundreds the Coalition could use, is the Global links cover up by the SEC. It is linked directly to CMKM as at least one of the perpetrators in this case was a perpetrator in CMKM’s case. The connection is also evident in the fact that it is the SEC’s modus operandi to go after the victim company, as they did in CMKM’s case, EagleTech’s case, and in the cases of thousands of other victim companies who got their companies de-registered by the SEC. David Patch’s Freedom of Information Act data is in the sanity check link below:
According to Mark Faulk, CEO of CMKM Diamonds at the time:
“Now, Dave Patch has received, through the Freedom of Information Act, SEC records confirming that over ten million counterfeit shares of Global Links stock were dumped into the market immediately after the company did a reverse split and reduced the total share count to just over one million real bshares. The brokers sold millions upon millions of fake shares, and the SEC covered it up.
“The SEC knew, they were fully aware of the Global Links situation, and they covered it up. In fact, while they allowed brokers to sell millions upon millions of counterfeit shares,they were busy investigating Global links-trying to discredit the company itself”
www.faulkingtruth.com/Articles/Commentary/1064.html
Per Bob O’Brien: “The SEC ignored Bennett's instruction to Donaldson to look into Global Links and figure out what was going on. We could just pretend that it wasn't being discussed for many months afterthat Senate Banking Committee hearing…Demand a special prosecutor, now. Enough is enough. "The evidence is clear on this one, and presidents have seen impeachment headlines over far less. If the SEC is violating its mandate to act in the public interest and protect investors to this degree, it deserves to be dismantled, and the Justice Department brought in to put the cuffs on those responsible.”
www.thesanitycheck.com/Portals/0/Patch.pdf
In conclusion, the Coalition respectfully requests that the court grant it relief in filing an administrative claim to the SEC and further requests that the court immediately take
jurisdiction of said case to ensure that future damages are mitigated. Moreover, the Coalition respectfully requests that the court take emergency action to prevent future losses by
individual investors who are the unwitting victims of worldwide illegal naked short selling.
