This Just In...
I sent an email requesting info about CMKX - CMKM Diamonds to many SEC email addresses on August 28th, 2008.
This reply came today, September 10th, 2008.
(help@sec.gov).
Thank you for contacting the SEC.
You ask about the current status of CMKM Diamonds. As you may know, since the SEC filed its civil complaint against CMKM Diamonds and 13 other defendants on April 7, 2008, the SEC has settled with the company, John Edwards, Anthony and Kathleen Tomasso.
Disgorgement has been ordered against all of the defendants who have settled except CMKM Diamonds. To date, the Court has not entered any orders regarding the amounts to be disgorged nor has payment been made.
If and when money ordered disgorged has been paid, the SEC may establish an investors claims fund. Typically, these funds are not established until the conclusion of a case.
The Fair Funds provisions of SOX may come into play because of penalties also ordered against John Edwards and possibly others.
The Tomassos have filed for bankruptcy in Florida. The docket sheet shows that they filed a Suggestion of Bankruptcy and that there are hearings scheduled relating to this. On August 5th, the SEC filed a proposed judgment against another defendant, Daryl Anderson.
The SEC litigation is ongoing. Investors can monitor the case themselves through PACER at https://ecf.nvd.uscourts.gov/cgi-bin/ShowIndex.pl. You may want to go to Pacer's general website as a password has to be requested -- see http://pacer.psc.uscourts.gov. Please be aware that the SEC conducts its investigations on a confidential basis and will not comment on its investigations other than posting litigation releases on our website.
Sincerely,
ROBERT T GREENE
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
100 F St, NE
Washington, DC 20549-0213
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