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Post by wolfbela on Aug 24, 2011 13:38:23 GMT -5
Got,
My only problem with that is, if you have the goods, agreement, video, witness, why don't you walk into a court, like any rational lawyer would do, file a lawsuit, present the evidence and demand the funds be released, and not waste two years of the shareholders' lives.
And do all of the other crazy stuff that has been done. Just because everyone thinks the Supreme Court will hear this case, doesn't mean they will. There are major cases with great implications that the Supreme Court turns away every year. Thinking that they are going to hear a case where not one piece of evidence has been presented in either lower court showing any association of the shareholders to 3.87 trillion dollars is ridiculous in my eyes.
My main concern at this point, and I have brought this to the attention of the Fryar office, is that this Bivens action, when lost, will eventually disenfranchise the shareholders from ever being able to lay claim to any funds that may be in or under the auspices of government control. The only saving grace here is since this isn't a class action, any ruling against us may only affect the plaintiffs named and not the shareholder base that remains..
Jerry WB
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Post by gotcmkxdiamonds on Aug 24, 2011 14:01:45 GMT -5
good point jerry. i guess i was just hoping. at this point mr fryar is prob our only hope
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Post by wolfbela on Aug 24, 2011 14:12:17 GMT -5
Got,
Believe me, I don't have all the answers. I am just laying it out as I see it. That is why I am glad we have Mr. Fryar's guidance and protection.
J WB
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Post by wolfbela on Aug 24, 2011 14:20:04 GMT -5
And from what I understand, the SEC has admitted to nothing when it comes to admittance of an existence of a trust. It is merely responding, as is common practice in a motion or complaint, to the Hodges allegations, that if is does exist, Hodges' argument is null and void, and we would have no right to it in their eyes, as opposed to Hodges' reasoning. It would be their choice as to what happens to it, the gov... if under their control...
It is all very confusing. That is why every word is important.
This is why is if Hodges had executed a normal lawsuit against the people holding the money, showed the evidence and demanded a court to release the accounts, we wouldn't be having this discussion.
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Post by oilipo on Aug 24, 2011 15:57:38 GMT -5
Ok so what we have is an amended filing, not yet on pacer?, not mine to post either, from previous omissions.
Regarding the "response/brief" Hodges must file today. Those who are saying he must wait for approval for this and that, gimme a break. SEC works from a slanted platform, as it is. Also, based on what I read Mr. Hodges is at the stage where he needs to produce what he states that he has as evidence. Obvious conclusion, but in reality that is his entire case. From naked short, to incurred, and collected damages. EOM
JMHO, OIL
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Post by oilipo on Aug 24, 2011 16:03:39 GMT -5
Jerry great dd by you. EOM
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Post by oilipo on Aug 24, 2011 16:10:47 GMT -5
With all of this talk about an RV notification I would feel a lot better aside from actually seeing it, and that my fellow spirits won't happen without notification from CMKX, something IMVHO, so let that happen will ya Mr. Hodges, ahhhhh someone? Would figure (if for real that these guys have us here to the freakin wire again chewing our nails down to the cuticle.. sux big guns.. I must be high thinking that this will happen, I know! OIL)
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Post by siriusnews on Aug 24, 2011 19:30:56 GMT -5
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Post by siriusnews on Aug 24, 2011 19:32:08 GMT -5
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Post by siriusnews on Aug 24, 2011 19:55:47 GMT -5
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Post by oilipo on Aug 25, 2011 4:09:04 GMT -5
Richard, having the capability to be energy independent in the USA, not to mention what it would do for the economy...Hard to believe , yet the US continues to shop around and takes money hand over fist for doing so with the deals that they structure overseas. No doubt about it. That is the USA for ya....OIL
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Post by oilipo on Aug 25, 2011 4:11:10 GMT -5
Richard, Ty for your great dd, and strong support. You are the very best shareholder out there. OIL
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Post by oilipo on Aug 25, 2011 6:09:42 GMT -5
CMKX IS NOW IN ..."THE EYE OF THE STORM".... Anyone have anything uplifting or interesting to report? Now, I shy away from that nasty, nasty word which we all have grown to detest so very much,... the i.e., "RUMOR" ... Not a particularly bad word, as I always stated most often within the rumor is some basis, framework for factual representation, certainly not always but some of the time. Yes, I have mentioned my dislike of such a thing, but it is here to stay, the rumor, CMKX life lines so to speak, and I have dealt with it. It is up to you, and me to dissect, and further analyze taking whatever good away from it that you may. Phoenix get's it, and has said very similar to what I have. Many arguably agree. Not all bad like so many scowl continually.
Now of course the latest is that "we" have something coming because of Hodges latest, whatever that amounts to inaction. So some not all wait on that, and of course the Dinar follows in suit, and what is the propellent of this all (for some shareholders again not all), but the "Global" release of Trusts by virtue of settlements again. Some astronomical trillions of dollars flooding the nation from abroad. I just want my money now. Could care less who is right. Whether Cottrell got his load, Bonnie was at the bank, or not, Okie got his Ping story straightened out, (Harv can keep his vette), etc., how the latest hurricane will interrupt the distribution process NOW like previous storms have, and of course how the celestial stars are aligned in perfect formation in order to get "us" all where we need to be going- a better bet,+ ty Phoenix. At least he nailed the 5.5 earthquake in DC. Just get it the friggin going already, and many would be down with that chit. Thanks. I am just typing out loud here!
Hodges filing today , tomorrow, whenever- if and when for whatever the legal obstruction to file, (if any at all), or the need to represents leverage. Massive leverage. Anyone who read that thing can plainly see this. It's about pulling the trigger, and not going to any class action. That will be the day. Doubt it. Really do.
AIMVHO, OIL
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Post by oilipo on Aug 25, 2011 7:07:04 GMT -5
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Post by oilipo on Aug 25, 2011 7:08:36 GMT -5
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Post by oilipo on Aug 25, 2011 7:08:56 GMT -5
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Post by oilipo on Aug 25, 2011 7:16:19 GMT -5
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Post by imust on Aug 25, 2011 8:00:15 GMT -5
Well, today is your line in the sand day Oil. Lets hope for some fireworks!
Imust
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Post by oilipo on Aug 25, 2011 10:28:34 GMT -5
It's funny, my interpretation of the SEC filing (amounts to) was exactly what others are now saying in that the SEC is buying a few more days. BUT FOR WHAT? We shall soon find out.... Won't "WE"... Yes, I guess Al has the goods, and I guess I admit I support that line of reasoning.
AIMVHO, OIL
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Post by siriusnews on Aug 25, 2011 10:45:08 GMT -5
Oil, We sit and wait for the Stay motion decision. I would think from the day they requested it Aug 22, that there has to be a ruling by 7 - 14 days top, hopefully much sooner. After the decision we hear from Al in his opening brief, unless of course he is silenced and stopped in his tracks. so we wait again as usually. lets see how it plays out.
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Post by oilipo on Aug 25, 2011 14:33:40 GMT -5
Oil, We sit and wait for the Stay motion decision. I would think from the day they requested it Aug 22, that there has to be a ruling by 7 - 14 days top, hopefully much sooner. After the decision we hear from Al in his opening brief, unless of course he is silenced and stopped in his tracks. so we wait again as usually. lets see how it plays out. I could be wrong Richard. I am certainly no legal mind. I read that legal filing. It looks damaging. POTENTIALLY. Now I would not want Al going forward with it. Which is why what Wyatt said today in the vine so relevant. It is not a matter of anything I say, or feel, or want. It is a matter of does Al have the wherewithal to make this happen, does the SEC have the capacity to withstand this motion, does it make it to a full blown trial, do I have run sentence capacity ongoing(?), and is there a settlement coming any hour of any day, along with DINAR re val? A whole slew of i.e., legal ca ca agaisnt physical settlement ca ca.
IMH- Opinion
OIL
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Post by siriusnews on Aug 25, 2011 15:11:13 GMT -5
Oil
what filing are you talking about the exibit A & B that was from Sept 16th, 2010 and Dec 6th, 2010 attached to the Stay filed Aug 22nd,
what did you read that is new. did i miss something, been out for 3 hours
richard
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Post by siriusnews on Aug 25, 2011 23:30:18 GMT -5
WHY THIS IS IMPORTANT
As the recent article "SEC Builds New Tips Machine to Catch the Next Madoff" suggests, the Securities and Exchange Commission (SEC) appears to have corrected the mistakes it made in the Madoff debacle and is currently implementing an efficient new system to handle the tips and complaints it receives concerning potential frauds.
But unfortunately for the rest of the investors the SEC is mandated to protect, the SEC only appears interested in correcting its past mistakes and implementing changes after it has been exposed as being grossly negligent and possibly criminally complicit, and therefore is subsequently forced to change, as was the case in the Madoff debacle.
Otherwise, the SEC only seems interested in protecting well-connected people and the entities they represent, the larger securities firms, its cronies, and in covering up for its gross negligence and possible criminal complicity as evidenced infra.
***The SEC and SEC Enforcement Division Attorneys, John M. McCoy, Molly M. White, and Leslie Hakala (hereinafter the SEC Enforcement Division Attorneys will collectively be referred to as "SEC Attorneys") are grossly negligent and possibly criminally complicit for breaching their mandated duties -- which are to oversee the securities markets, enforce the federal securities laws, and protect investors -- pertaining to Civil Action No. 08-CV-0437, Securities and Exchange Commission vs. CMKM Diamonds, Inc. et al, Complaint, 4-7-08, United States District Court, District of Nevada (Civil Action), which pertains to the pump and dump fraud (fraud) of the previous CMKM management (fraudsters); the SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for causing said fraud to continue and perpetuate, and therefore they contributed to the losses suffered by CMKM victims; furthermore, the SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for causing said Civil Action to be rife with contradictions, inconsistencies, and discrepancies, all of which ultimately render it incomplete, inaccurate, and inadequate.
1. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their disregard of the findings of their investigations and for their disregard of the red flag pertaining to said fraud:
In a fax dated 5-26-03, from Lindsey S. McCarthy, staff attorney for the SEC, to 1st Global Stock Transfer, McCarthy mentions James Kinney, a subsequent defendant in said Civil Action, which proves the SEC and the SEC Attorneys were aware of James Kinney's suspicious activities pertaining to CMKM five years before they filed said Civil Action against him.
In 2-8-05, the SEC and the SEC Attorneys investigate the involvement of Silver State Bank in CMKM's pump and dump fraud, which proves they were aware of the pump and dump fraud more than three years before they filed said Civil Action.
The SEC and the SEC Attorneys were aware of a twentyfold increase in the average trading volume in CMKM stock from 8-03 to 4-05, which proves they was aware of the suspicious activities almost five years before they filed said Civil Action.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would not have disregarded the findings of their own investigations and the red flag, both of which caused the fraud to continue and perpetuate; instead, they would have regarded the pertinent evidence which would have reasonably led to their charging and prosecuting the fraudsters in a timely manner.
2. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for making allegations in said Civil Action that contradict the sworn testimonies of the infra deposers at their SEC depositions:
In said Civil Action, the SEC and the SEC Attorneys allege that "To divert attention from their own dumping of CMKM shares, Casavant persuaded CMKM's investors that the reported high trading volume in CMKM stock reflected extensive "naked short selling" rather than ordinary stock dilution."
According to the sworn testimony of former CMKM Attorney Donald Stoecklein at his 1-24-06 SEC Deposition, Donald Stoecklein testifies that Jim DeCosta, a naked short expert from Oregon with 25 years experience, told both current CMKM Attorney Bill Frizzell and him that a 14 to 1 short position exists in CMKM stock.
Furthermore, Donald Stoecklein testifies that they obtained a NOBO list from Automatic Data Processing and the number of CMKM shares on that NOBO list exceeded the number of CMKM shares on the list of First Global Stock Transfer, which in turn means that naked short sellers exist.
According to the sworn testimony of Bill Frizzell at his 1-06-06 SEC Deposition, Bill Frizzell testifies repeatedly that CMKM was illegally naked shorted.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have subpoenaed Jim DeCosta for his evaluation of the short position that exists in CMKM's stock and subpoenaed Automatic Data Processing for CMKM's NOBO list, both of which could have reasonably led to the discovery that "the reported high trading volume in CMKM stock" could have "reflected extensive "naked short selling"" in addition to "ordinary stock dilution;" and they would have subsequently added the illegal naked short sellers as defendants in said Civil Action or filed a new civil action against them and prosecuted them on behalf of CMKM victims.
3. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for making allegations in said Civil Action in which discrepancies exist:
In said Civil Action, the SEC and the SEC Attorneys allege "Over a twenty-month period, CMKM improperly issued up to 622 billion shares of purportedly unrestricted stock based on both written authorizations and attorney opinion letters."
Furthermore, the SEC and the SEC Attorneys allege that "Using approximately 34 different brokerage accounts at NevWest, Edwards sold almost 260 billion shares of CMKM stock from March 2003 through May 2005, generating proceeds in excess of $53.3 million."
Unfortunately for the SEC and the SEC Attorneys, the discrepancy between 622 billion shares and 260 billion shares leaves approximately 362 billion purportedly registered/unrestricted CMKM shares that they fail to account for in said Civil Action.
Because John Edwards was the only defendant in said Civil Action who utilized accounts at NevWest to sell his unregistered/restricted shares, the SEC and the SEC Attorneys obviously can't account for those 362 billion purportedly registered/unrestricted CMKM shares without implicating the larger securities firms such as Knight Trading Group, Ameritrade, E-Trade, and Jeffries and Company.
Moreover, NevWest is not a self-clearing firm. Instead, it must clear its certs through clearing firms such as Wells Fargo and Dain Rauscher that have a contractual relationship with the Depository Trust and Clearing Corporation.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have accounted for the entire 622 billion shares, which could have reasonably led to the discovery that the larger securities firms and clearing firms were implicated in the fraud; and they would have subsequently added them as defendants in said Civil Action or filed a new civil action against them and prosecuted them on behalf of CMKM victims.
4. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their disregard of the findings of their investigation regarding the involvement of Silver State Bank in said fraud:
Mark Faulk, former CMKM CEO, wrote an article entitled, "Silver State Bank: What’s Deposited in Vegas Doesn’t Stay in Vegas."
Excerpts from said article:
"In yet another bizarre development in the saga of CMKM Diamonds, better known as CMKX, one of the largest financial frauds in history, Andrew McCain, the son of presumptive Republican presidential candidate John McCain, resigned from the Board of Directors of Henderson, Nevada based Silver State Bank, the bank where hundreds of millions of dollars was deposited as it was stolen from CMKX shareholders.
"But a little diamond mining company from Canada that turned out to be the biggest penny stock fraud in history might become a major problem for McCain’s campaign as well. Insiders with CMKX defrauded over 50,000 shareholders of in excess of $250 million. A large portion of that money was run through a single Silver State Bank branch in Las Vegas. In all, former CMKX CEO Urban Casavant and reputed mastermind John Edwards (no, not that John Edwards) opened over 100 bank accounts at Silver State, and ran tens of millions of dollars through the bank."
John Smith, columnist for the Las Vegas Review Journal, submitted on 2-8-05, a column entitled, "Company dangles lure of diamonds, but transactions hook SEC."
Excerpts from said column:
"The Securities and Exchange Commission is downright fascinated with CMKM and has begun to probe the company's numerous Southern Nevada business transactions.
"The SEC has subpoenaed bank records related to CMKM's local transactions, an institutional source confirms. The company maintained nearly 100 accounts at a local branch of Silver State Bank alone. A bank employee who handled CMKM's accounts is no longer employed after suspicious activity involving a continuing circle of cashier's checks was uncovered.
"By one informed estimate, CMKM is suspected of moving up to $64 million through its Silver State accounts."
According to the sworn testimony of Donald Stoecklein in his 01-24-06 SEC Deposition, Donald Stoecklein testifies that Silver State Bank was the object of criminal proceedings.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have regarded the findings of their own investigation, which could have reasonably led to the discovery that Silver State Bank and possibly Andrew McCain were implicated in said fraud; and they would have subsequently added them as defendants in said Civil Action or filed a new civil action against them and prosecuted them on behalf of CMKM victims.
5. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their failure to investigate the allegations of the "two broker dealer customers of Jefferies:"
According to the "Jeffferies Letter," dated 5-6-05, Jefferies and Company failed to report certain trades in CMKM in 3-04, which amounted to 111 billion CMKM shares, and involved "two broker dealer customers of Jefferies" who requested that trades in CMKM be settled "Ex-Clearing," which are trades that are cleared outside a clearing house and therefore are unreported. The "two broker dealer customers of Jefferies" allege they were long sellers.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have investigated the allegations of the "two broker dealer customers of Jefferies," which could have reasonably led to the discovery that the "two broker dealer customers of Jefferies" were illegal "naked short sellers" rather than "long sellers;" and they would have subsequently added Jefferies and Company and the "two broker dealer customers of Jefferies" as defendants in said Civil Action or filed a new civil action against them and prosecuted them on behalf of CMKM victims.
6. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their disregard of the sworn testimony of D. Roger Glenn at his SEC depositions:
The SEC and the SEC Attorneys take the sworn testimony of D. Roger Glenn in two depositions pertaining to the fraud that was perpetrated by the fraudsters.
According to the sworn testimony of D. Roger Glenn at his 07-19-06 SEC Deposition, D. Roger Glenn testifies that he worked as an Enforcement Division Attorney for the SEC in 1980 and 1981.
D. Roger Glenn further testifies that only Urban Casavant requested that he prepare opinion letters.
D. Roger Glenn's testimony was a lie because Helen Bagley, owner of First Global Stock Transfer (CMKM's transfer agent) also requested that he prepare opinion letters.
D. Roger Glenn further testifies that he wrote an opinion letter that authorized Nevada Minerals to receive 2.7 billion nonrestricted shares of CMKM stock that should have been issued on 9-8-02.
D. Roger Glenn's testimony was a lie because Nevada Minerals wasn't even incorporated until 12-19-03.
CMKM waived its attorney/client privilege. Bill Frizzell, attorney for CMKM, was present at the 10-23-07 SEC Deposition of D. Roger Glenn.
According to the sworn testimony of D. Roger Glenn at his 10-23-07 SEC Deposition, D. Roger Glenn testifies that First Global Stock Transfer would return as CMKM's transfer agent again only if Helen Bagley didn't have to deal with Brian Dvorak, whom she allegedly disliked. D. Roger Glenn testified that she had no concerns about the validity of Dvorak's opinion letters.
D. Roger Glenn's testimony was a lie as evidenced by the following letter, dated 7-29-04, from Helen Bagley to D. Roger Glenn:
"I have enclosed several legal opinions that were done by Mr. Dvorak for CMKM Diamonds, Inc. I would appreciate if you would review these opinions and give First Global Stock transfer a letter to the fact that these opinions are valid. This was a point I made to Mr. Casavant when we accepted back CMKM Diamonds that we would want your approval on any of Mr. Dvorak's letters."
Despite the following red flags:
Helen Bagley alleges Brian Dvorak was issuing CMKM shares without authorization;
D. Roger Glenn admits in his testimony that he never had another client neglect to issue shares for over 2 years;
Alan Treffry, a CMKM shareholder, alleges fraud;
CMKM was issuing shares to 300 people to whom it had neglected to issue shares two years previously;
D. Roger Glenn felt it was unnecessary to check the validity of the documentation that Brian Dvorak used to write his opinion letters, never contacted the recipients of the share issuances to validate the issuances, never felt that CMKM could have been lying about the share issuances.
According to the sworn testimony of Donald Stoecklein in his 01-24-06 SEC Deposition, Donald Stoecklein testifies that Brian Dvorak lacked a basis for his opinion letters.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have regarded the sworn testimony of D. Roger Glenn at his SEC depositions, which could have reasonably led to the discovery that D. Roger Glenn was implicated in the fraud; and they would have subsequently added him as a defendant in said Civil Action and prosecuted him on behalf of CMKM victims.
7. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for making allegations in the infra Summary Judgments pursuant to said Civil Action that contradict the infra Regional Triaxial Aeromagnetic Survey Assessment Work Report (Drilling Report) and the expert evaluation of N. Ralph Newson, M.Sc., P. Eng., P.Geo., (Newson):
On 6-24-09, the SEC and the SEC Attorneys file Motion for Summary Judgment Against Defendant John Edwards (#991), Motion for Summary Judgment Against Defendant Daryl Anderson (#102), and Motion for Summary Judgment Against Defendants Kathleen and Anthony Tomasso (Summary Judgments) pursuant to said Civil Action.
In said Summary Judgments, the SEC and the SEC Attorneys allege, "CMKM provided investors with phony maps and fabricated videos of alleged mineral claims in North and South America."
On 5-16-05, CMKM announces in a PR that it possesses the Drilling Report prepared by William Jarvis (Jarvis) on the Fort a la Corne Diamond Project pertaining to CMKM's valuable mineral claims in Saskatchewan, Canada.
The Drilling Report was commissioned for CMKM by 101047025 Saskatchewan Ltd. Jarvis was asked to report on and make recommendations for the kimberlite exploration program. The scope of work completed includes:
1. a review of the Geological setting as it relates to kimberlite and diamond exploration;
2. an examination of the geological and data provided by the CMKM;
3. a review of published geological reports and maps;
4. a visit to the area of the concession.
The following are excerpts from the Drilling Report by Newson on the Fort a la Corne Diamond Project:
"Drilling results and additional ground magnetic and gravity surveys have shown the best known kimberlite bodies to be bedded, and to have a very different shape from most known kimberlite bodies. In most of the well-known diamond mines in Africa, for example, and in those in the NWT in Canada, the upper portions of the kimberlites bodies have been eroded, leaving only the feeder pipe, which has a "carrot" shape, getting smaller in diameter with depth. However, in the Fort à la Corne swarm, the tops of the kimberlitic volcanic edifices are completely preserved, and they are shaped more or less like a soup bowl, with two larger horizontal dimensions, and one smaller vertical dimension. Several of these have an inferred geological resource (based on a few holes and on geophysical modeling) in excess of 100 million tonnes, one has nearly a billion tons, and one group of five which are close together, or perhaps coalescing, contain about 2 billion tons of kimberlite. There are thus huge volumes of kimberline within a few hundred metres of the surface." [emphases added by author]
"The Fort à la Corne swarm of kimberlitic bodies is the largest swarm known in the world, and some of the bodies are the largest known such bodies in the world." [emphases added by author]
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have subpoenaed both Jarvis and Newson and investigated the Drilling Report, all of which could have reasonably led to the discovery that the maps were not "phony," the videos were not "fabricated," and the mineral claims were not "alleged;" and they would have subsequently secured and validated CMKM's valuable mineral claims on behalf of CMKM shareholders.
***The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for breaching their mandated duties pertaining to Grand Jury Superseding Indictment 2-09-CR-00132-RLH-RJJ, United States of America vs. John M. Edwards et al, 5-27-09, United States District Court, District of Nevada, and Second Superseding Indictment 2-09-CR-00132-RLH-RJJ, United States of America vs. John M. Edwards et al, 3-24-10, United States District Court, District of Nevada, both of which pertain to said fraud. Their gross negligence and possible criminal complicity cause said Superseding Indictments to be rife with contradictions, inconsistencies, and discrepancies, all of which ultimately render them incomplete, inaccurate, and inadequate.
1. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their failure to provide the Grand Jury with the following names to subpoena -- Jim DeCosta, and Broadridge -- and with the 1-24-06 SEC Deposition of Donald Stoecklein and the 1-06-06 SEC Deposition of Bill Frizzell, all of which pertain to CMKM's being illegally naked shorted;
In its said Grand Jury Superseding Indictment, the Grand Jury charges that: "...To create the appearance of an active and established market for CMKM stock, and to disguise the fact that the conspirators were virtually the only sellers of CMKM stock..."
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have provided the Grand Jury with the supra names to subpoena and said depositions to investigate, all of which could have reasonably led to the discovery "that the conspirators were" not "virtually the only sellers of CMKM stock...;" and the Grand Jury would have subsequently added the illegal naked short sellers, the larger securities firms, and clearing firms as defendants in said Superseding Indictment and the United States Department of Justice, District of Nevada (DOJ), would be prosecuting them on behalf of CMKM victims; or the DOJ would have filed a new criminal action against them and would be prosecuting them on behalf of CMKM victims.
2. The SEC and the SEC Attorneys are grossly negligent and possibly criminally complicit for their failure to provide the Grand Jury with the sworn testimony of D. Roger Glenn at his SEC depositions in which they caught him telling numerous lies:
In its Second Superseding Indictment, the Grand Jury lists additional defendants, but fails to list D. Roger Glenn as a defendant.
If the SEC and the SEC Attorneys had performed their mandated duties with even a modicum of due care, they would have provided the Grand Jury with the sworn testimony of D. Roger Glenn at his SEC depositions, which could have reasonably led to the discovery that D. Roger Glenn was implicated in said fraud; and the Grand Jury would have subsequently added D. Roger Glenn as a defendant in its Second Superseding Indictment, and the DOJ would be prosecuting him on behalf of CMKM victims
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Post by oilipo on Aug 26, 2011 3:40:14 GMT -5
Oil what filing are you talking about the exibit A & B that was from Sept 16th, 2010 and Dec 6th, 2010 attached to the Stay filed Aug 22nd, what did you read that is new. did i miss something, been out for 3 hours richard No, no new filing. Nothing new. Yes, his addendum filing and I guess we are speaking of the same thing dated august 23rd that I saw initially. I liked it. I rarely read his filings. It's decent, if he has the bullets. JMO. OIL
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Post by oilipo on Aug 26, 2011 4:42:25 GMT -5
I sincerely hope and pray that the pressure being created, and I see it no other way in Hodges action with or without stay of motion to be very damaging. This is really something. You cannot look at this any other way. Let him/HODGES gut those who hold these funds back. This is no orchestration, IMHO. PAY THE FINES AND PENALTIES.
With respect for the Fryar movement, bravo also. I like it. I think both campaigns run in tandem. Gusjarvis has also done outstanding work. All total the pressure has mounted and has never subsided, as many have speculated. Not a day has been wasted with today's efforts in plain view.
AIMHO, OIL
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Post by oilipo on Aug 26, 2011 5:32:05 GMT -5
"WE"...The CMKX Shareholders....
One more thing, and GOD help me if I am wrong here regarding Mr. Hodges et al, and the rest of us. Essentially, the motivation, i.e., financial incentive is greater to be paid than not. The likelihood is greater by preponderance of the evidence in itself if used / to be used ,to its fullest capabilities/potential. Just needs to be presented. Unlikely. Again, for those who remain fighting, the motivation lies in the outcome. Could some of us have been bought out prematurely as I have pondered at times? Sure, but Maheu would have had to been the catalyst there initially for that possibility even as a potential target, would have entertained that liability after the fact, and as such would have prefaced that potential outcome. Such a possibility existing there would have been more of a warning for the shareholders, ( the occurrence of individuals being paid off) with signs of some form of legal closure. Likely. More than what I see here at least always coming from the defendants, media, and opposition. Why are "we" even still fighting?
Today, "we" who are remaining are all that "we got", so to speak. Even though there is this independent activity underway by parties working vigilantly, valiantly (what a shame not working on same team) we the shareholders who are left waiting and wondering are the blood and guts of this mission statement, the true voice of transparency and the outcome. If not for us there might be no outcome.
All that can be done today is to stay together, move together, and watch each others' backs. GLGS 2 ALL!~
AIMVHO, OIL
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Post by oilipo on Aug 26, 2011 6:43:46 GMT -5
I am getting ready for the hurricane. I sent out an email blast to the 3 people on my down line and told them that there is the serious potential that the any packets might be delayed for 48 hours only because Federal Express won't pay the overtime in the pending storm. It against Union liability rules. If a packet blows out of carriers hand at 100+MPH there lies an issue if whether to run down the street after or it, or go back towards the truck. Now if they know that the packet contains notification for large sums of money they (delivery guys they) might be obligated to run down the street after the package. It's a tough call.
If it's just a letter coming no big deal.- But that package thing is a daunting concern. For those of you who do not get OIL IPO posts you are not offending me. My mom doesn't get them either. I am thick skinned like a fat pig.
What packets? Don't ask!
AIMHO,
OIL
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Post by oilipo on Aug 26, 2011 8:09:50 GMT -5
We are on a really, really tight budget here. Now we need supplies for this event. Hurricane. I grew up on the water, and well know the long drawn out implications , and yes hazards of power outages, mainly. I am fighting tooth and nail for my beer, and cocktail franks. Sorry I need my stuff if we go days in this house. I convinced my wife to persuade my mother-in-law to take shelter at her brothers. Simple; Our roof will collapse at around 135 145+MPH. That upset the children, but at least my mother-in-law is not coming, and I still get my beer. OIL
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Post by siriusnews on Aug 26, 2011 11:06:31 GMT -5
Dear Petition Signers: The Petition Letter is starting to EXPLODE. The number of signers is 32 and counting, one of which is Allan Treffry. Furthermore, signers are beginning to leave relevant comments. And now the regular petition signers of Change can access the Petition Letter from Change's homepage: homepage>Criminal Justice>Most Recent. www.change.org/ I posted the link to the Petition Letter in Granny's Kitchen. tfant53.proboards.com/index.cgi?action=newestthreads Please somebody post the following in the other CMKM forums: The Securities and Exchange Commission only appears interested in correcting its past mistakes and implementing efficient new systems AFTER it has been exposed as being GROSSLY NEGLIGENT and possibly CRIMINALLY COMPLICIT, and therefore is subsequently forced to change, as was the case in the Madoff debacle. You can help to expose the GROSS NEGLIGENCE and possible CRIMINAL COMPLICITY of the SEC pertaining to CMKM Diamonds, Inc., by signing a Petition Letter. You can read the Overview and the Petition Letter and sign the Petition Letter by clicking the following link: www.change.org/petitions/united-states-department-of-justice-district-of-nevada-correct-your-past-mistakes-and-implement-efficient-new-systems The Petition Letter is a way to get the evidence of CMKM's being illegally shorted and the proof of CMKM's valuable mineral claims into the upcoming criminal trial, Superseding Indictment 2-09-CR-00132-RLH-RJJ, United States of America vs. John M. Edwards et al, 5-27-09, United States District Court, District of Nevada. Therefore, signing the Petition Letter is a no-brainer. Thank you, Robert
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Post by siriusnews on Aug 26, 2011 11:30:36 GMT -5
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