.
No CMKX Announcement
No CMKX Packet
No CMKX Payment
No CMKX Update
No More Excuses
No Doubt...
F.O.S.
.
Saturday, December 25, 2010
Tuesday, December 14, 2010
*****ATTENTION CMKX Shareholders***** ******No More EXCUSES Mr. Hodges******
.
Many people have tried to bring information to the shareholders.
They all think they have the 'real' information.
They all think that their 'sources' are the best.
They all think they 'know' something nobody else knows.
But for months now, CMKX shareholders have been told to wait to hear from Mr. Hodges...
Well finally, we have heard from Mr. Hodges...!!
After the SEC lawsuit was dismissed again last week, Mr. Hodges said CMKX shareholders will be paid by Christmas...!!
And he confirmed that in his update...
***
"I did take the opportunity to meet and speak with some of the 25__ shareholders in attendance, after the hearing; most of the ‘quotes’ of my statements that you have seen posted are accurate; e.g. I did say that “.... if I were a betting man, I would bet that we will receive payment by Christmas.” "
***
He again reaffirmed in his update that "payment is imminent"...
***
"I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent."
***
Shareholders have heard 'imminent' for months & months, but now we know how long 'imminent' really is...
*** 10 More Days Until Christmas ***
No Announcement Yet...
No Notification Yet...
Nothing Official Yet...
Except the words of Mr. Hodges...!!
It's time to give shareholders DETAILS...!!
*** NO MORE EXCUSES ***
.
Many people have tried to bring information to the shareholders.
They all think they have the 'real' information.
They all think that their 'sources' are the best.
They all think they 'know' something nobody else knows.
But for months now, CMKX shareholders have been told to wait to hear from Mr. Hodges...
Well finally, we have heard from Mr. Hodges...!!
After the SEC lawsuit was dismissed again last week, Mr. Hodges said CMKX shareholders will be paid by Christmas...!!
And he confirmed that in his update...
***
"I did take the opportunity to meet and speak with some of the 25__ shareholders in attendance, after the hearing; most of the ‘quotes’ of my statements that you have seen posted are accurate; e.g. I did say that “.... if I were a betting man, I would bet that we will receive payment by Christmas.” "
***
He again reaffirmed in his update that "payment is imminent"...
***
"I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent."
***
Shareholders have heard 'imminent' for months & months, but now we know how long 'imminent' really is...
*** 10 More Days Until Christmas ***
No Announcement Yet...
No Notification Yet...
Nothing Official Yet...
Except the words of Mr. Hodges...!!
It's time to give shareholders DETAILS...!!
*** NO MORE EXCUSES ***
.
Wednesday, December 8, 2010
******ATTENTION CMKX Shareholders****** *******Mister Hodges' Neighborhood*******
.
12/7/2010
Latest From Mr. Hodges
Short Version... Al says this should be over by Christmas.
Hodges...
"I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent."
BHollenegg...
"Based on the update the plaintiffs received prior to Thanksgiving, the CMKX Distribution Fund was projected to be released on Thanksgiving Week. So, if you were a betting person, what would you conclude about the release occurring before Christmas? I am not (a betting person). The funds need to be released now....please."
Thank you,
BHollenegg
Editor's Note - I lost count of how many times his sources told him payment was 'imminent' over the last YEAR...!!
I wonder what will be next for CMKX shareholders, after the Supreme Court throws Al out on his ear, later this decade...??
And it seems the well-respected plaintiff, Mr. Hollenegg, is not very excited by this empty promise of payment by Christmas.
Like ALL shareholders, he wants to be PAID NOW...!!
.
12/7/2010
Latest From Mr. Hodges
Short Version... Al says this should be over by Christmas.
Hodges...
"I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent."
BHollenegg...
"Based on the update the plaintiffs received prior to Thanksgiving, the CMKX Distribution Fund was projected to be released on Thanksgiving Week. So, if you were a betting person, what would you conclude about the release occurring before Christmas? I am not (a betting person). The funds need to be released now....please."
Thank you,
BHollenegg
Editor's Note - I lost count of how many times his sources told him payment was 'imminent' over the last YEAR...!!
I wonder what will be next for CMKX shareholders, after the Supreme Court throws Al out on his ear, later this decade...??
And it seems the well-respected plaintiff, Mr. Hollenegg, is not very excited by this empty promise of payment by Christmas.
Like ALL shareholders, he wants to be PAID NOW...!!
.
Saturday, December 4, 2010
******ATTENTION CMKX Shareholders****** *****Motion To Dismiss Tentative Ruling*****
.
Full Text Of SEC Lawsuit Document
Motion To Dismiss Ruling
David Anderson, et al. v. Christopher Cox, et al.,
SAVC 10-31 JVS (MLGx)
Tentative Order Granting Motion to Dismiss
Conclusion
Defendants Motion to Dismiss is granted.
Plaintiffs’ claims are dismissed with prejudice.
IT IS SO ORDERED.
-------------------
Editor's Note - It appears the lawsuit will be dismissed for the 2nd & final time on Monday, December 6th.
Depending on who you listen to, this is the end of the road for CMKX, or time for CMKX shareholders to get paid.
If shareholders are finally going to be paid, we should be notified shortly after the dismissal is final. If that does not happen, we will know that the lawsuit was a waste of time.
Additional excuses or theories will not be acceptable.
-------------------
.
Full Text Of SEC Lawsuit Document
Motion To Dismiss Ruling
David Anderson, et al. v. Christopher Cox, et al.,
SAVC 10-31 JVS (MLGx)
Tentative Order Granting Motion to Dismiss
Conclusion
Defendants Motion to Dismiss is granted.
Plaintiffs’ claims are dismissed with prejudice.
IT IS SO ORDERED.
-------------------
Editor's Note - It appears the lawsuit will be dismissed for the 2nd & final time on Monday, December 6th.
Depending on who you listen to, this is the end of the road for CMKX, or time for CMKX shareholders to get paid.
If shareholders are finally going to be paid, we should be notified shortly after the dismissal is final. If that does not happen, we will know that the lawsuit was a waste of time.
Additional excuses or theories will not be acceptable.
-------------------
.
Friday, November 26, 2010
******ATTENTION CMKX Shareholders****** *******Happy 8th CMKX Anniversary*******
.
CyberMark(CMKI) started
trading as a Casavant
related 'mining' company
8 YEARS AGO...!!
* November 26, 2002 to November 26, 2010 *
8 Years, 0 Months, and 0 Days...!!
2,922 Days...
70,128 Hours...
4,207,680 Minutes...
252,460,800 Seconds...!!
This Just In...
Latest Inspirational Comments...
Bhollenegg 11/23
« Result #2 Yesterday(11/25) at 8:28pm(EST) »
« Result #2 Yesterday(11/25) at 8:28pm(EST) »
Attorney Hodges will contact us when it is done.
If Attorney Hodges did not contact us, then it is not done.
Thank you,
BHollenegg
Editor's Note - Finally... An actual accurate fact...
It Is NOT Done...!!
.
Tuesday, November 9, 2010
******ATTENTION CMKX Shareholders****** ******Hodges Files Reply To SEC MTD******
.
Case 8:10-cv-00031-JVS-MLG Document 26 Filed 11/08/10
Reply To SEC Motion To Dismiss
Editor's Note - This is good news for anybody who thinks this lawsuit will get shareholders paid...
Would it have been so hard for Mr. Hodges to announce this filing to the shareholders over the weekend or on Monday when it was filed...??
No secret strategies revealed, no mystery, just something good for shareholders to hear about from Mr. Hodges...
Instead of letting shareholders learn about it when it became public record online...!!
Two BIG 'Thumbs DOWN' for Mr. Hodges...!!
.
Case 8:10-cv-00031-JVS-MLG Document 26 Filed 11/08/10
Reply To SEC Motion To Dismiss
Editor's Note - This is good news for anybody who thinks this lawsuit will get shareholders paid...
Would it have been so hard for Mr. Hodges to announce this filing to the shareholders over the weekend or on Monday when it was filed...??
No secret strategies revealed, no mystery, just something good for shareholders to hear about from Mr. Hodges...
Instead of letting shareholders learn about it when it became public record online...!!
Two BIG 'Thumbs DOWN' for Mr. Hodges...!!
.
Friday, October 29, 2010
******ATTENTION CMKX Shareholders****** *******All Is Fair In WAR & CMKX******* ******Hodges Virginia Recap Letter*****
Recap of Hodges trip to Richmond Virginia
Re: AL's trip to Virginia letter
« Reply #3 Today at 3:11pm »
--------------------------------------------------------------------------------
Al Hodges Virginia Trip, you won't believe this, make sure you read his notes.
--------------------------------------------------------------------------------
As you all know by now, I left LA late on the 21st of September, and was in Richmond, VA until returning to LA Friday night [10/1]. It has been rumored that I would not return w/o accomplishing my goal of securing ER; I have personally advised most of you of the same. While we as yet don’t have ER officially, we have again made great strides in obtaining it, and in constraining some of the outrageous financial fraud rampant in this country since the mid eighties. My only reason for leaving Richmond before ER was actually in hand, is that I have to begin trial in Glendale in another matter tomorrow morning; I could not convince the judge to trail the case until my
return, although that is exactly what I expect now to happen after he sees my shining face in the morning.
When I left Friday: the last two global settlements funds were all in place and accounted for; the funds were all parked safely and continuing to be watched; the funds had been segregated, reconstituted and were available for distribution through the banking system by 9:00 AM as had been promised; and we had received, on Thursday afternoon, official agreement/sanction from all authorities, including the FED Board of Governors, for release and distribution of the last two settlement pay-outs. The schedule which had been agreed to was that we were to take "possession" of the funds on Friday although the actual transfer of cash to various trustees would occur on Monday and Tuesday this coming week. The current schedule remains that the actual cash funds will be transferred to the trustees Monday and Tuesday; this per information direct fromMssrs, Bonney and Boyer @ noon today.
I also understand that some info is floating around Nesara blogs and our boards about a "trustee" named Glascow.
Let me set the record straight about that: * Mr. Glascow is not a trustee of anything, to my knowledge and belief.
* His real name is Douglas Glascow; we have his SSN, home address and other contact information.
* DG is in fact an old consort of the Bush’s and currently serves
as Jr.’s bagman.
* As some of you may know, Barbara Bush is from the Pearce family in France.
* The final $1.3T sum to be added to the WGS funds for distribution by Bonney was "coordinated" by Paris people due to Sarcozy; that "re-constituted" portion of the funds was released to the system Friday @9:00 AM EDT as had been scheduled and promised.
* When those funds were released to the system, they included an additional sum of $200,000, added by the Pearce family for Jr. to disburse among his co-conspirators along with instructions that it was to be disbursed first.
* Apparently, DG was instructed in Dallas to go to the bank in D at exactly 2:30 PM CDT to obtain the funds; unfortunately it was by then 3:30 PM in Richmond which meant [because of the banking laws regarding international $$ transfers] that it was all but too late for us to go into the bank there and accomplish what needed to be done.
* We first discovered what was holding up our appearance in the bank [by invitation] about 12:30 PM; as it turned out only one person had any real communication line with DG [as a result of past activities].
* We were able to get a hold of this person through the company, finally around 1:30 PM. He was at that time "on the road" and alleged that he was unable to contact DG for the very simple reason that he had been told to go and do his personal errands Friday afternoon, and was two hours away from where the contact info was in his "office."
As you can see, this was a carefully set-up scenario to flip their collective finger at us. In fact it will have essentially no impact [other to engender great anger from a number of people] on receiving ER. [As an aside, DG is on the list to receive a "visit" from some attitude adjustment persons, which may have already happened as I write this.]
Bottom line: we accomplished a great deal by going to Richmond; I believe this will be over on the current schedule which means we should have ER by the end of Tuesday. It is unfortunate that I had to return before having the proof in my hands; however, we now have an established relationship with Mr. Bonney who enjoys my total respect and confidence. In other words, when he [the paymaster] tells me something I have very substantial grounds to accept it and believe it. If some unforeseen event raises its ugly head I will return and finish it.
Al
_________________________________________________________________________________________________
I always take notes of what’s transpiring with this endeavor; what follows is a day by day summary of my activities in Richmond for those who may be interested:
September 22 – Meeting with Bill Bonney, Roger Boyer, Dana
Wilcox, Orren Merren [Cayman Island international attorney] and Lynwood Maddox [Atlanta attorney] to discuss all and establish plan of action and ground
rules. We were advised by the company of WH meeting with his economic advisers called by Obama, to instruct no payouts by anyone of the WGS funds because "it’s my money." All of us agreed to send a letter to Bernanke [see attached]. As a result of very wide distribution of the letter, the Joint Chiefs visited Obama late in the day to advise him that the "$$ will be released – stop this shi* – stay out of the way."
September 23 – Company advises that Bernanke has capitulated and will give the OK. It will all be released, supposedly on Friday 9/24 – can’t finish Thursday.
September 24 – Advised by Pentagon that Bernanke issued a written order at 12:05 AM to release all $$ as scheduled on the BASEL list to be finished after the close of business, but guaranteed before midnight. This was confirmed three times during the day by State, Pent. and Co. @ 9 AM, 2 PM and 4 PM; we also confirmed that the FED screens are black, which is what we should see if all is ready to go with a push of the button. Having received no call/invite I go into the bank to find out why as Bonney and others attempt to find out the reason from outside. I talk with the banking staff at length including the managing VP [who curiously doesn’t even know who Ben Bernanke is]; although the bank was clearly stonewalling, I remained there until closing time at which I was thrown out. I walked back across the street to the hotel and was greeted by the local Police; eventually there were a total of four cruisers there plus a canine unit. After 1.75 hours they finally withdrew. The company and Pentagon later confirmed that a trap had been set by Obama to confiscate the $$$. Bonney had the release codes with him and we could have gone into the bank and insisted on using them; if we had, Obama intended to confiscate all the $$ and accuse Bonney of taking funds w/o valid authorization in the form of new release codes specifically provided to him at the time of invitation into the bank. $$$ was
then transferred to a FED holding account for safekeeping until Monday @ 10:00 AM.
September 25/26 – I advised Bonney to obtain a copy of Bernanke’s written order so that if there was more BS on Monday we could go into the Richmond Federal Reserve Bank, and utilize his FRS ID # to conclude the transfers; that was put in motion. We were advised that a Supreme Ct. Justice visited the FED Saturday and instructed them to "pay it all in the AM Monday – finish it by noon time." Several people standing in the way were to be arrested over the w/e; it appears that Obama is using the non-existent NSA covert troops to prevent arrest of anyone. The Pentagon is supposed to deal with that problem. I had dinner at the Wilcox residence with Bonney and Boyer. We spent most of Sunday working on distribution plans and documents.
September 27 – D-Day? 12:30 – not so far. Massive war going on at the FED in DC; the Director may be replaced. 1:30 – They are calling all trustees; Bonney should get notice/invite in the next two hours. 5:30 – FED Director of Ops just resigned and left the building. Advised that Sec. of Agriculture and several others have told Obama they will resign before the end of the week "if Bonney is not paid." China is owed a large balloon payment by the US on 9/30 which can’t be made if this is not completed. 10:30 – Advised all is on for tomorrow – all authorities supposedly now want it done tomorrow.
September 28 – All is done and we just need invite into the bank. Not able to secure a copy of Bernanke’s order yet; they are still working on it. Company has advised Bonney there "may be blood tonight" although it does not involve him or those around him. Engineers visit Obama,Geithner and Brennan in the AM; 2nd Combat Brigade of the 82nd Airborne and several National Guard units [Alabama, Arkansas and Indiana +] put on 18 hour alert by JC’s last night. Balloon pay is for $850B loan = $1T to Chinese X2 due Thursday 9/30; US has no $$ to pay – therefore must finish this to fund with Leo Wanta $$. JC’s are really pissed; @ 6:00 PM we are advised that the 2nd Combat Brigade is fully loaded w/all equipment and supplies in C-130’s on the tarmac at Pope AFB ready to fly; these are the door-to-door urban warfare specialists.
September 29 – They are still working on getting a copy of Bernanke’s order. The "trustee" advised he was called in this morning as he must coordinate w/new treasury currency announcement which is to be made this evening. He confirmed that all $$ is there for us and Leo Wanta; funds are currently moving per Paul Sigue. At 11:00 I called Bernanke at his home and office and cell; similarly I called the FED Governors’ General Counsel; no one will take my calls or return them. However I did manage to leave detailed messages for both. To date, 27 FED employees and 83 commercial bankers have been arrested; 4 others have been disappeared. We are still waiting for invite to the bank. Just advised that Bill and Hilary Clinton, abetted by Bernanke and Obama with help from two Chinese nationals have been stalling these pay-outs for months while attempting to persuade the World Court to grant each of them full global immunity or at least immunity for the un-registered Treasury’s; they have also tried to steal these pay-out $$ each night that I’ve been in VA. Advised at 2:30 PM EDT that the World Court had finally made a decision – NO IMMUNITY FOR ANY OF HEM! Our Funds were supposed to be released @ 1:30 PM; $1.5T is in Wells Fargo ledger account and was released @ 3:00 PM. They are collecting the balance and reassembling. Ying and _______ are the two Chinese nationals who will be arrested and dealt with by the Chinese.
September 30 – D-Day for sure. Chinese arrested the two bad guys. 12:45 PM – Status Quo: $1.5T in WF ledger account and $1.3T spread in MM accts all over. Matt Schuler says he still cannot get a copy of the B order; however, he reports that 2 Senators [friends of Ed Falcone] got to Bernanke and the $$ will be released. Obama reportedly advised Bernanke that if the funds were released to us, Bernanke and his family would suffer a personal security problem. Company and Bonney offered lifetime protection to B as had been done with Panetta. All morningGeithner had gone to the Japanese, Arabs, Brazil and others trying to obtain the $1T – all said no. Meanwhile I had called FED Governor KevinWarsh to advise that the lifetime protection offer was to anyone on the FED BOG who would take the correct legal action. 2:00 PM – Advised that the official FED position had changed to full authorization to complete the pay-outs; the military is standing by and willing to assist if necessary. What is currently anticipated is ledger/folio transfers today – maybe no cash delivery until Monday/Tuesday. The additional $100B added to Bonney’s funds is for a requested payment of small amounts to several payees and a transfer of 32B pounds [$49+B] to save the Irish banking system which must be received by them Friday.
October 1 – We are supposed to be in the bank just after it opens. They have worked the funds all night; the $1.5T was finished at midnight and the $1.3T done in Paris was in place by 9:30 AM. Waiting for a call at 10, 11, 12 etc.; between 12:30 and 1 we learn of the Glascow $ which must be picked up in Dallas. He apparently picks it up @ 3:30 EDT [2:30 CDT]; meanwhile, the land-line phone system in the hotel area is not working. 4:00 PM – Too late to finish today. Rep. J. Gresham [TN - lame duck] and Ret’d Rep Ben Gilman [SC] with offices still in DC believe they can get their friends in Congress to start an investigation of the whole mess; they have asked for a letter with bullet points of what should be investigated. Ed Falcone has already prepared most of the evidence [including dates, times, acct numbers, etc.] which he has previously provided to 8 Senators and the Black Caucus [which is one reason they have been helping]; we are putting the two sides together to get the fire stared. I then caught a 7:00 PM flight from Richmond to LAX.
Re: AL's trip to Virginia letter
« Reply #3 Today at 3:11pm »
--------------------------------------------------------------------------------
Al Hodges Virginia Trip, you won't believe this, make sure you read his notes.
--------------------------------------------------------------------------------
As you all know by now, I left LA late on the 21st of September, and was in Richmond, VA until returning to LA Friday night [10/1]. It has been rumored that I would not return w/o accomplishing my goal of securing ER; I have personally advised most of you of the same. While we as yet don’t have ER officially, we have again made great strides in obtaining it, and in constraining some of the outrageous financial fraud rampant in this country since the mid eighties. My only reason for leaving Richmond before ER was actually in hand, is that I have to begin trial in Glendale in another matter tomorrow morning; I could not convince the judge to trail the case until my
return, although that is exactly what I expect now to happen after he sees my shining face in the morning.
When I left Friday: the last two global settlements funds were all in place and accounted for; the funds were all parked safely and continuing to be watched; the funds had been segregated, reconstituted and were available for distribution through the banking system by 9:00 AM as had been promised; and we had received, on Thursday afternoon, official agreement/sanction from all authorities, including the FED Board of Governors, for release and distribution of the last two settlement pay-outs. The schedule which had been agreed to was that we were to take "possession" of the funds on Friday although the actual transfer of cash to various trustees would occur on Monday and Tuesday this coming week. The current schedule remains that the actual cash funds will be transferred to the trustees Monday and Tuesday; this per information direct fromMssrs, Bonney and Boyer @ noon today.
I also understand that some info is floating around Nesara blogs and our boards about a "trustee" named Glascow.
Let me set the record straight about that: * Mr. Glascow is not a trustee of anything, to my knowledge and belief.
* His real name is Douglas Glascow; we have his SSN, home address and other contact information.
* DG is in fact an old consort of the Bush’s and currently serves
as Jr.’s bagman.
* As some of you may know, Barbara Bush is from the Pearce family in France.
* The final $1.3T sum to be added to the WGS funds for distribution by Bonney was "coordinated" by Paris people due to Sarcozy; that "re-constituted" portion of the funds was released to the system Friday @9:00 AM EDT as had been scheduled and promised.
* When those funds were released to the system, they included an additional sum of $200,000, added by the Pearce family for Jr. to disburse among his co-conspirators along with instructions that it was to be disbursed first.
* Apparently, DG was instructed in Dallas to go to the bank in D at exactly 2:30 PM CDT to obtain the funds; unfortunately it was by then 3:30 PM in Richmond which meant [because of the banking laws regarding international $$ transfers] that it was all but too late for us to go into the bank there and accomplish what needed to be done.
* We first discovered what was holding up our appearance in the bank [by invitation] about 12:30 PM; as it turned out only one person had any real communication line with DG [as a result of past activities].
* We were able to get a hold of this person through the company, finally around 1:30 PM. He was at that time "on the road" and alleged that he was unable to contact DG for the very simple reason that he had been told to go and do his personal errands Friday afternoon, and was two hours away from where the contact info was in his "office."
As you can see, this was a carefully set-up scenario to flip their collective finger at us. In fact it will have essentially no impact [other to engender great anger from a number of people] on receiving ER. [As an aside, DG is on the list to receive a "visit" from some attitude adjustment persons, which may have already happened as I write this.]
Bottom line: we accomplished a great deal by going to Richmond; I believe this will be over on the current schedule which means we should have ER by the end of Tuesday. It is unfortunate that I had to return before having the proof in my hands; however, we now have an established relationship with Mr. Bonney who enjoys my total respect and confidence. In other words, when he [the paymaster] tells me something I have very substantial grounds to accept it and believe it. If some unforeseen event raises its ugly head I will return and finish it.
Al
_________________________________________________________________________________________________
I always take notes of what’s transpiring with this endeavor; what follows is a day by day summary of my activities in Richmond for those who may be interested:
September 22 – Meeting with Bill Bonney, Roger Boyer, Dana
Wilcox, Orren Merren [Cayman Island international attorney] and Lynwood Maddox [Atlanta attorney] to discuss all and establish plan of action and ground
rules. We were advised by the company of WH meeting with his economic advisers called by Obama, to instruct no payouts by anyone of the WGS funds because "it’s my money." All of us agreed to send a letter to Bernanke [see attached]. As a result of very wide distribution of the letter, the Joint Chiefs visited Obama late in the day to advise him that the "$$ will be released – stop this shi* – stay out of the way."
September 23 – Company advises that Bernanke has capitulated and will give the OK. It will all be released, supposedly on Friday 9/24 – can’t finish Thursday.
September 24 – Advised by Pentagon that Bernanke issued a written order at 12:05 AM to release all $$ as scheduled on the BASEL list to be finished after the close of business, but guaranteed before midnight. This was confirmed three times during the day by State, Pent. and Co. @ 9 AM, 2 PM and 4 PM; we also confirmed that the FED screens are black, which is what we should see if all is ready to go with a push of the button. Having received no call/invite I go into the bank to find out why as Bonney and others attempt to find out the reason from outside. I talk with the banking staff at length including the managing VP [who curiously doesn’t even know who Ben Bernanke is]; although the bank was clearly stonewalling, I remained there until closing time at which I was thrown out. I walked back across the street to the hotel and was greeted by the local Police; eventually there were a total of four cruisers there plus a canine unit. After 1.75 hours they finally withdrew. The company and Pentagon later confirmed that a trap had been set by Obama to confiscate the $$$. Bonney had the release codes with him and we could have gone into the bank and insisted on using them; if we had, Obama intended to confiscate all the $$ and accuse Bonney of taking funds w/o valid authorization in the form of new release codes specifically provided to him at the time of invitation into the bank. $$$ was
then transferred to a FED holding account for safekeeping until Monday @ 10:00 AM.
September 25/26 – I advised Bonney to obtain a copy of Bernanke’s written order so that if there was more BS on Monday we could go into the Richmond Federal Reserve Bank, and utilize his FRS ID # to conclude the transfers; that was put in motion. We were advised that a Supreme Ct. Justice visited the FED Saturday and instructed them to "pay it all in the AM Monday – finish it by noon time." Several people standing in the way were to be arrested over the w/e; it appears that Obama is using the non-existent NSA covert troops to prevent arrest of anyone. The Pentagon is supposed to deal with that problem. I had dinner at the Wilcox residence with Bonney and Boyer. We spent most of Sunday working on distribution plans and documents.
September 27 – D-Day? 12:30 – not so far. Massive war going on at the FED in DC; the Director may be replaced. 1:30 – They are calling all trustees; Bonney should get notice/invite in the next two hours. 5:30 – FED Director of Ops just resigned and left the building. Advised that Sec. of Agriculture and several others have told Obama they will resign before the end of the week "if Bonney is not paid." China is owed a large balloon payment by the US on 9/30 which can’t be made if this is not completed. 10:30 – Advised all is on for tomorrow – all authorities supposedly now want it done tomorrow.
September 28 – All is done and we just need invite into the bank. Not able to secure a copy of Bernanke’s order yet; they are still working on it. Company has advised Bonney there "may be blood tonight" although it does not involve him or those around him. Engineers visit Obama,Geithner and Brennan in the AM; 2nd Combat Brigade of the 82nd Airborne and several National Guard units [Alabama, Arkansas and Indiana +] put on 18 hour alert by JC’s last night. Balloon pay is for $850B loan = $1T to Chinese X2 due Thursday 9/30; US has no $$ to pay – therefore must finish this to fund with Leo Wanta $$. JC’s are really pissed; @ 6:00 PM we are advised that the 2nd Combat Brigade is fully loaded w/all equipment and supplies in C-130’s on the tarmac at Pope AFB ready to fly; these are the door-to-door urban warfare specialists.
September 29 – They are still working on getting a copy of Bernanke’s order. The "trustee" advised he was called in this morning as he must coordinate w/new treasury currency announcement which is to be made this evening. He confirmed that all $$ is there for us and Leo Wanta; funds are currently moving per Paul Sigue. At 11:00 I called Bernanke at his home and office and cell; similarly I called the FED Governors’ General Counsel; no one will take my calls or return them. However I did manage to leave detailed messages for both. To date, 27 FED employees and 83 commercial bankers have been arrested; 4 others have been disappeared. We are still waiting for invite to the bank. Just advised that Bill and Hilary Clinton, abetted by Bernanke and Obama with help from two Chinese nationals have been stalling these pay-outs for months while attempting to persuade the World Court to grant each of them full global immunity or at least immunity for the un-registered Treasury’s; they have also tried to steal these pay-out $$ each night that I’ve been in VA. Advised at 2:30 PM EDT that the World Court had finally made a decision – NO IMMUNITY FOR ANY OF HEM! Our Funds were supposed to be released @ 1:30 PM; $1.5T is in Wells Fargo ledger account and was released @ 3:00 PM. They are collecting the balance and reassembling. Ying and _______ are the two Chinese nationals who will be arrested and dealt with by the Chinese.
September 30 – D-Day for sure. Chinese arrested the two bad guys. 12:45 PM – Status Quo: $1.5T in WF ledger account and $1.3T spread in MM accts all over. Matt Schuler says he still cannot get a copy of the B order; however, he reports that 2 Senators [friends of Ed Falcone] got to Bernanke and the $$ will be released. Obama reportedly advised Bernanke that if the funds were released to us, Bernanke and his family would suffer a personal security problem. Company and Bonney offered lifetime protection to B as had been done with Panetta. All morningGeithner had gone to the Japanese, Arabs, Brazil and others trying to obtain the $1T – all said no. Meanwhile I had called FED Governor KevinWarsh to advise that the lifetime protection offer was to anyone on the FED BOG who would take the correct legal action. 2:00 PM – Advised that the official FED position had changed to full authorization to complete the pay-outs; the military is standing by and willing to assist if necessary. What is currently anticipated is ledger/folio transfers today – maybe no cash delivery until Monday/Tuesday. The additional $100B added to Bonney’s funds is for a requested payment of small amounts to several payees and a transfer of 32B pounds [$49+B] to save the Irish banking system which must be received by them Friday.
October 1 – We are supposed to be in the bank just after it opens. They have worked the funds all night; the $1.5T was finished at midnight and the $1.3T done in Paris was in place by 9:30 AM. Waiting for a call at 10, 11, 12 etc.; between 12:30 and 1 we learn of the Glascow $ which must be picked up in Dallas. He apparently picks it up @ 3:30 EDT [2:30 CDT]; meanwhile, the land-line phone system in the hotel area is not working. 4:00 PM – Too late to finish today. Rep. J. Gresham [TN - lame duck] and Ret’d Rep Ben Gilman [SC] with offices still in DC believe they can get their friends in Congress to start an investigation of the whole mess; they have asked for a letter with bullet points of what should be investigated. Ed Falcone has already prepared most of the evidence [including dates, times, acct numbers, etc.] which he has previously provided to 8 Senators and the Black Caucus [which is one reason they have been helping]; we are putting the two sides together to get the fire stared. I then caught a 7:00 PM flight from Richmond to LAX.
Thursday, September 16, 2010
******ATTENTION CMKX Shareholders****** ********Hodges Update 9/16/2010******** *******Amended Lawsuit 9/16/2010*******
.
Another Update From Mr. Al Hodges...
Hodges Update 9/16/2010
Summary -
Bad Guys Promise To Pay...
Hodges Believes Them...
Bad Guys Don't Pay...
Hodges Gives Them More Time.
I did agree with one part of the Update...
"Shortly after filing the original Complaint, I advised you of my opinion that resolution was imminent. I am confident that many of you are now convinced that I either don’t know the meaning of that word or am certifiably non compos mentis."
(Non compos mentis is a term meaning 'not of sound mind'.)
Amended Lawsuit From Hodges...
Amended Lawsuit 9/16/2010
Summary -
Some Additional Information...
No Hammer Of Evidence...
Same 'Threat of a Lawsuit' Strategy.
Which started about 9 MONTHS ago with the December 16th, 2009 Update...
December/2009 Update (Members Only)
"In an attempt to avoid protracted litigation we have seen to it that several attorneys at the SEC Office of General Counsel have a copy of the draft; we are further advised that the current SEC Commissioners are also aware [at least] of the pending filing.
Our expectation was [and still partially remains] that the individually named Commissioners will not want to answer our lawsuit, thus leaving themselves open to the discovery process.
The draft has been in SEC hands for approximately two weeks, and so far we have not received any response, meaningful or otherwise."
In spite of numerous 'NO WAY WE REFILE' assurances from Mr. Hodges, through his plaintiffs, here we are again at the mercy of the court.
It appears Mr. Hodges waited for 45 days to file this Amended Lawsuit, because he again believed shareholders would be paid before now.
Even now with this 'NO WAY REFILE', it does not appear that any additional hard core evidence is being presented to the Judge.
On the surface, it would appear it will take more than saying "Pretty Please" to get shareholders PAID...!!
.
Another Update From Mr. Al Hodges...
Hodges Update 9/16/2010
Summary -
Bad Guys Promise To Pay...
Hodges Believes Them...
Bad Guys Don't Pay...
Hodges Gives Them More Time.
I did agree with one part of the Update...
"Shortly after filing the original Complaint, I advised you of my opinion that resolution was imminent. I am confident that many of you are now convinced that I either don’t know the meaning of that word or am certifiably non compos mentis."
(Non compos mentis is a term meaning 'not of sound mind'.)
Amended Lawsuit From Hodges...
Amended Lawsuit 9/16/2010
Summary -
Some Additional Information...
No Hammer Of Evidence...
Same 'Threat of a Lawsuit' Strategy.
Which started about 9 MONTHS ago with the December 16th, 2009 Update...
December/2009 Update (Members Only)
"In an attempt to avoid protracted litigation we have seen to it that several attorneys at the SEC Office of General Counsel have a copy of the draft; we are further advised that the current SEC Commissioners are also aware [at least] of the pending filing.
Our expectation was [and still partially remains] that the individually named Commissioners will not want to answer our lawsuit, thus leaving themselves open to the discovery process.
The draft has been in SEC hands for approximately two weeks, and so far we have not received any response, meaningful or otherwise."
In spite of numerous 'NO WAY WE REFILE' assurances from Mr. Hodges, through his plaintiffs, here we are again at the mercy of the court.
It appears Mr. Hodges waited for 45 days to file this Amended Lawsuit, because he again believed shareholders would be paid before now.
Even now with this 'NO WAY REFILE', it does not appear that any additional hard core evidence is being presented to the Judge.
On the surface, it would appear it will take more than saying "Pretty Please" to get shareholders PAID...!!
.
Thursday, September 9, 2010
******ATTENTION CMKX Shareholders****** ********One Week To Go For CMKX********
.
Mr. Hodges,
September 17th is now 1 week away.
Most of your 45 days are gone, and shareholders still have nothing.
For shareholders, this has just been another delay, another extension, which has done nothing to help shareholders.
If you don't need to refile for shareholders to get paid, why weren't shareholders paid 38 days ago?
If you are going to refile, you should have done it 38 days ago.
If you have to give your evidence to the judge, why didn't you do it 38 days ago?
Your August 15th update said the bank glitch of August 13th should have been corrected over that weekend...
That was a month ago.
Why hasn't ER been announced?
Why haven't shareholders been paid?
I'm sure you're dancing as fast as you can, but as far as shareholders are concerned, this lawsuit has accomplished nothing.
You may not technically represent the 50,000 shareholders yet, but even your 7 plaintiffs seem to have no idea of what you are doing.
Each of the plaintiffs who do talk to the shareholders have a different story...
And their stories & moods change every few days.
What excuse is there for even the plaintiffs not being on the same page about the lawsuit?
Some of them have even said they have no clue about what will happen if shareholders do not get paid by the filing deadline next week.
They really don't sound very confident.
And they are supposed to know what you are doing.
How do you think the other 50,000 shareholders feel...??
.
Mr. Hodges,
September 17th is now 1 week away.
Most of your 45 days are gone, and shareholders still have nothing.
For shareholders, this has just been another delay, another extension, which has done nothing to help shareholders.
If you don't need to refile for shareholders to get paid, why weren't shareholders paid 38 days ago?
If you are going to refile, you should have done it 38 days ago.
If you have to give your evidence to the judge, why didn't you do it 38 days ago?
Your August 15th update said the bank glitch of August 13th should have been corrected over that weekend...
That was a month ago.
Why hasn't ER been announced?
Why haven't shareholders been paid?
I'm sure you're dancing as fast as you can, but as far as shareholders are concerned, this lawsuit has accomplished nothing.
You may not technically represent the 50,000 shareholders yet, but even your 7 plaintiffs seem to have no idea of what you are doing.
Each of the plaintiffs who do talk to the shareholders have a different story...
And their stories & moods change every few days.
What excuse is there for even the plaintiffs not being on the same page about the lawsuit?
Some of them have even said they have no clue about what will happen if shareholders do not get paid by the filing deadline next week.
They really don't sound very confident.
And they are supposed to know what you are doing.
How do you think the other 50,000 shareholders feel...??
.
Monday, August 30, 2010
******ATTENTION CMKX Shareholders****** *****The REAL Story Of CMKM Diamonds*****
.
CNN iReport - $3.87 TRILLION Lawsuit SECrets Video
The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.
*************
From Cmkx20Ten Blog On 8/26/2010...
Mr. Hodges,
Now that the lawsuit has been dismissed, do you think it may be time to reveal the overwhelming evidence you're supposed to have?
It's been 8 months since you expected the bad guys to roll over because you threatened to file this lawsuit. They obviously are not going to voluntarily pay the shareholders.
30 days...?? 45 days...??
You should have been ready to refile the lawsuit with ALL the evidence about 10 minutes after the judge dismissed the case...!!
How can it possibly be good for the case, the plaintiffs, the shareholders, to delay shoving this evidence down the throats of the bad guys...??
Do you really still believe them when they say for the umpteenth time that they are going to pay shareholders...??
It is painfully obvious that they will NEVER pay the shareholders unless they are FORCED to do so. You should have realized that MONTHS AGO, instead of expecting them to give in to your threats of exposure.
Your poor excuse for an update, with most of the info copied from the last worthless update, confirms that you are still buying every excuse they give you for not paying shareholders...
" I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend. "
That 'weekend' was almost 2 weeks ago...
Are you still waiting...??
Shareholders are desperately waiting for you to use the evidence you have, instead of just hinting to the judge that you may have additional info...!!
P.S. - This Just In...
8/25/2010
(11:35 PM) very_tired15: Al said we are exremely close. He also said there is no way he will need to file the 1st Amended Complaint
(11:44 PM) very_tired15: just got off the phone with Al and Salty... it was very positive
Do you really think shareholders are still buying this crap...??
.
CNN iReport - $3.87 TRILLION Lawsuit SECrets Video
The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.
*************
From Cmkx20Ten Blog On 8/26/2010...
Mr. Hodges,
Now that the lawsuit has been dismissed, do you think it may be time to reveal the overwhelming evidence you're supposed to have?
It's been 8 months since you expected the bad guys to roll over because you threatened to file this lawsuit. They obviously are not going to voluntarily pay the shareholders.
30 days...?? 45 days...??
You should have been ready to refile the lawsuit with ALL the evidence about 10 minutes after the judge dismissed the case...!!
How can it possibly be good for the case, the plaintiffs, the shareholders, to delay shoving this evidence down the throats of the bad guys...??
Do you really still believe them when they say for the umpteenth time that they are going to pay shareholders...??
It is painfully obvious that they will NEVER pay the shareholders unless they are FORCED to do so. You should have realized that MONTHS AGO, instead of expecting them to give in to your threats of exposure.
Your poor excuse for an update, with most of the info copied from the last worthless update, confirms that you are still buying every excuse they give you for not paying shareholders...
" I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend. "
That 'weekend' was almost 2 weeks ago...
Are you still waiting...??
Shareholders are desperately waiting for you to use the evidence you have, instead of just hinting to the judge that you may have additional info...!!
P.S. - This Just In...
8/25/2010
(11:35 PM) very_tired15: Al said we are exremely close. He also said there is no way he will need to file the 1st Amended Complaint
(11:44 PM) very_tired15: just got off the phone with Al and Salty... it was very positive
Do you really think shareholders are still buying this crap...??
.
Sunday, August 22, 2010
******ATTENTION CMKX Shareholders****** ***Wall Street SECrets EXPOSED Video*** ***The REAL Story Of CMKM Diamonds***
.
CNN iReport - $3.87 TRILLION Lawsuit SECrets Video
The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.
Other videos at... My Gallery / angelheartvideos
More CMKX Info... Cmkx20Ten
.
CNN iReport - $3.87 TRILLION Lawsuit SECrets Video
The REAL story of CMKM Diamonds and the sting/fraud/deception/damage by the SEC.
Other videos at... My Gallery / angelheartvideos
More CMKX Info... Cmkx20Ten
.
Wednesday, August 18, 2010
******ATTENTION CMKX Shareholders****** **Another Interim Non-Update From Hodges**
.
Hodges and Associates INTERIM UPDATE
« Thread Started on Aug 15, 2010, 11:28am »
Hodges Non-Update
We have, as you are now more than aware, confronted a serious headwind to obtaining Economic Receipt. Although I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner, it is now apparent that several matters need to be addressed:
• I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class; as such, I act at all times as their counsel.
• At this instant in time, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class. As we’ve said before, the status of the litigation can at all times be monitored on PACER.
• As a point of fact, the recent Court hearing was utilized in part as a means of conveying to the Judge and to the defendants, some of the additional information which can [if necessary] be added to our complaint to comply with The Federal Rules of Civil Procedure. We have not been thrown out of Court; the Judge, on his own, granted additional time for us to file an amended Complaint.
• If necessary [which I still believe not] we will file an amended complaint specifying in more detail exactly how the individual Commissioners caused harm of Constitutional dimension to the CMKX shareholders. This litigation will be aggressively pursued until such time as all shareholders have been paid.
I remain convinced that we will prevail. The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Why won’t it help, you ask; it can’t help when the core problem is the White House. I believe that the SEC is anxious for this to be over; however, it is not the SEC that holding things up, IMO. I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.
Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? As before, I will address each of these questions, to the extent I am able, separately:
1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillion Dollars.
2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay-out of all the domestic settlements; institution of the US dollar re-funding project; pay-out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.
3. Our Status – As I advised in April, we are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than three months [!].
4. The Delay – Although I could write a book about what’s been going on behind the scenes [and may one day] to cause this additional delay, I’ll try to give you the condensed version:
First - Please be aware and understand that there is an economic war raging in the background; this war is between those who have controlled this planet for the last hundred and fifty years, and we who think that it must stop.
Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals, and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not. I can add that some large number of bankers and others have now been arrested and/or indicted; this, in combination with substantial repatriation of “stolen” moneys, is having a significant impact on the balance of power shifting in our favor.
Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.
Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it.
Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend.
I want to extend my heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue until we succeed. We will prevail.
Al Hodges
.
Hodges and Associates INTERIM UPDATE
« Thread Started on Aug 15, 2010, 11:28am »
Hodges Non-Update
We have, as you are now more than aware, confronted a serious headwind to obtaining Economic Receipt. Although I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner, it is now apparent that several matters need to be addressed:
• I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class; as such, I act at all times as their counsel.
• At this instant in time, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class. As we’ve said before, the status of the litigation can at all times be monitored on PACER.
• As a point of fact, the recent Court hearing was utilized in part as a means of conveying to the Judge and to the defendants, some of the additional information which can [if necessary] be added to our complaint to comply with The Federal Rules of Civil Procedure. We have not been thrown out of Court; the Judge, on his own, granted additional time for us to file an amended Complaint.
• If necessary [which I still believe not] we will file an amended complaint specifying in more detail exactly how the individual Commissioners caused harm of Constitutional dimension to the CMKX shareholders. This litigation will be aggressively pursued until such time as all shareholders have been paid.
I remain convinced that we will prevail. The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Why won’t it help, you ask; it can’t help when the core problem is the White House. I believe that the SEC is anxious for this to be over; however, it is not the SEC that holding things up, IMO. I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.
Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? As before, I will address each of these questions, to the extent I am able, separately:
1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillion Dollars.
2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay-out of all the domestic settlements; institution of the US dollar re-funding project; pay-out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.
3. Our Status – As I advised in April, we are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than three months [!].
4. The Delay – Although I could write a book about what’s been going on behind the scenes [and may one day] to cause this additional delay, I’ll try to give you the condensed version:
First - Please be aware and understand that there is an economic war raging in the background; this war is between those who have controlled this planet for the last hundred and fifty years, and we who think that it must stop.
Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals, and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not. I can add that some large number of bankers and others have now been arrested and/or indicted; this, in combination with substantial repatriation of “stolen” moneys, is having a significant impact on the balance of power shifting in our favor.
Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.
Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it.
Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. I still believe that will be in the near future; the most recent schedule, based on communication I received, was that it should have been finished by August 13; somehow at the very last moment, the bank was not available [?] to conclude the necessary transfers. This newest problem, I’m told, is being dealt with this weekend.
I want to extend my heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue until we succeed. We will prevail.
Al Hodges
.
Thursday, August 5, 2010
******ATTENTION CMKX Shareholders****** *Hodges Draws Line In The Sand 8/9/2010*
.
Mr. Hodges Shoots Down Rumor Of Notification On Thursday 8/5/2010.
However, well known plaintiff wyatt, said that Mr. Hodges said an announcement can come at ANY TIME, but DEFINITELY before Monday 8/9/2010...!!
That whole 'Line In The Sand' thing...!!
Nothing can get through a line in the sand, except of course for some things like wind or rain or a good stiff broom...!!
Hopefully, the SEC or whatever party keeps blocking our payment, hasn't heard about wind or rain or any of those things.
Mr. Hodges Shoots Down Rumor Of Notification On Thursday 8/5/2010.
However, well known plaintiff wyatt, said that Mr. Hodges said an announcement can come at ANY TIME, but DEFINITELY before Monday 8/9/2010...!!
That whole 'Line In The Sand' thing...!!
Nothing can get through a line in the sand, except of course for some things like wind or rain or a good stiff broom...!!
Hopefully, the SEC or whatever party keeps blocking our payment, hasn't heard about wind or rain or any of those things.
Thursday, May 20, 2010
******ATTENTION CMKX Shareholders****** **Hodges and Associates UPDATE 5/20/2010**
Hodges and Associates Update
We have, as many have speculated, confronted a serious headwind to obtaining Economic Receipt. In my continuing efforts to resolve this matter I have recently communicated directly with the President of the United States. Although it was not my original intention to share this correspondence, it now seems prudent and necessary to do so. The letters are set forth below the next paragraph; they should be self-explanatory.
Earlier this afternoon I also sent the following to my associates in London:
“I have attached several letters which I have recently had occasion to have delivered to the President of these United States. They are, I believe, self explanatory as to what continues to take place in this land, which continues to frustrate the completion of distribution of the World Global Settlements. These Settlements, of course, includes monies for the US Dollar refunding project as an integral portion.
I believe the British Monarch needs to be aware of the exact cause of the continued delay in concluding this matter. It lies squarely in the Whitehouse in Washington, D.C. Your cooperation and assistance is hereby solicited; please ensure that Her Majesty, and other interested Monarchal parties, are advised of the circumstances which pertain. To that end, please feel free to make such use of these letters as may in your sole discretion be required.”
I took this action because the British Monarch is as anxious as many Settlement payees to have this matter resolved; accordingly, she is an ally and needs to be kept up to date regarding what’s actually transpiring.
TEXT OF LETTERS
May 14, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you this morning because people within your current administration continue to frustrate dissemination of the World Global Settlements; I am advised today that Mr. Leon Panetta participated in this act on May 14, 2010. I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. These various monies collected have been held far longer than they should have been, and were swept into the World Global Settlements, thereby delaying payment even further. Taxes were paid into the U.S. Treasury due on these “Settlements” on December 30th and 31st; distribution of these settlement funds could not legally be withheld past midnight of February 14th, 2010.
The continued holding of these settlement funds results in the violation of more laws such as “banking fraud,” “trust fund violations,” and, in times of war, “International Financial Terrorism.” These charges are not at the discretion of the government to overlook in the name of withholding monies that are not its property, nor its right to hold – especially given that now the Treasury is in “DEFAULT” and owned in large part by the Chinese government.
I am aware you have issued an “Executive Order” giving the diplomatic parties of Interpol, the Chinese, the Swiss, and the U.K. (MI6), the means to enforce, with all due power, dissemination of the “Settlements.” They clearly are relying on your power to assist this effort and to stop cabinet members of your staff and CIA factions from blocking the Global World Settlements. They are relying on you to exhibit your inherent Presidential character such as integrity and respect for the law, and to recognize the gravity of delaying such an important event intended to rescue not only the immediate US banking community, but to support a recalibration and refitting of various currencies and economies on a world scale necessary to abate the global collapse of economies everywhere.
We are all well aware of the “derivatives,” the Ponzi schemes of the Federal Reserve creating debt out of thin air, the real estate debacle of SIV’s and CDO’s, the “Naked Shorting” in the stock market, and the market’s overall vast manipulation for the profit of the few. The global economy needs these “Settlements” to initiate recovery, and to switch to the new asset-backed US Treasury dollars.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. Please use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Lindell H. Bonney, Sr.
Clients
May 20, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you again this morning because your immediate personal assistance is required to ensure prompt dissemination of the World Global Settlements. As I have previously stated, I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. I have also been involved in the representation of other payees awaiting this distribution and have, in such capacity, been in direct communication with the UK Royal Monarch.
I am currently advised and understand the following:
• A portion of the World Global Settlement funds have been collected and are presently held in the custody of the Bank of America in Richmond, VA.
• Said funds are sufficient to cover all disbursements to be made by the authority of the Paymaster who has now spent more than eight weeks over the past three months, in Richmond, for the purpose of concluding these transfers.
• The Paymaster authority has, at the direction of the Pentagon, London, et. al., recently returned to Richmond to consummate the transfers; he was advised yesterday morning at Bank of America that the bank could not allow the transfers to be made until one additional signature was obtained.
• Accordingly, on May 19, 2010 an agent of Interpol began a hand-carry trip through Little Rock, Arkansas, to Charleston, South Carolina, and then on to Richmond, Virginia; the hand carried item was presented to the Bank of America officer this morning.
• The Bank of America officer then advised the Paymaster authority that Mr. Leon Panetta had instructed Bank of America that no World Global Settlement funds were to be disbursed without express personal approval from the President of the United States.
• I have previously been advised that you had given specific written authorization of these transfers when you visited the Richmond Bank of America several weeks ago.
As I advised yesterday in my communication to you, I am persuaded by these facts, that only your direct intervention will be efficacious in bringing this matter to conclusion. Mr. President, please provide, once again, your specific written authority and direction to those who continue to frustrate completion of these World Global Settlements. I would very much appreciate your written confirmation that you will do so without delay; accordingly, I will withhold further communication to the UK Royal Monarch and distribution of this correspondence to my clients until 4:30 PM EDT today.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. I implore you to use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Her Majesty, Queen Elizabeth II
Lindell H. Bonney, Sr.
Clients
PS. These letters were FAXed directly to the President's FAX machine; we have confirmed with the Whitehouse Communication Center that they were personally received by the President - not his staff!
We have, as many have speculated, confronted a serious headwind to obtaining Economic Receipt. In my continuing efforts to resolve this matter I have recently communicated directly with the President of the United States. Although it was not my original intention to share this correspondence, it now seems prudent and necessary to do so. The letters are set forth below the next paragraph; they should be self-explanatory.
Earlier this afternoon I also sent the following to my associates in London:
“I have attached several letters which I have recently had occasion to have delivered to the President of these United States. They are, I believe, self explanatory as to what continues to take place in this land, which continues to frustrate the completion of distribution of the World Global Settlements. These Settlements, of course, includes monies for the US Dollar refunding project as an integral portion.
I believe the British Monarch needs to be aware of the exact cause of the continued delay in concluding this matter. It lies squarely in the Whitehouse in Washington, D.C. Your cooperation and assistance is hereby solicited; please ensure that Her Majesty, and other interested Monarchal parties, are advised of the circumstances which pertain. To that end, please feel free to make such use of these letters as may in your sole discretion be required.”
I took this action because the British Monarch is as anxious as many Settlement payees to have this matter resolved; accordingly, she is an ally and needs to be kept up to date regarding what’s actually transpiring.
TEXT OF LETTERS
May 14, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you this morning because people within your current administration continue to frustrate dissemination of the World Global Settlements; I am advised today that Mr. Leon Panetta participated in this act on May 14, 2010. I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. These various monies collected have been held far longer than they should have been, and were swept into the World Global Settlements, thereby delaying payment even further. Taxes were paid into the U.S. Treasury due on these “Settlements” on December 30th and 31st; distribution of these settlement funds could not legally be withheld past midnight of February 14th, 2010.
The continued holding of these settlement funds results in the violation of more laws such as “banking fraud,” “trust fund violations,” and, in times of war, “International Financial Terrorism.” These charges are not at the discretion of the government to overlook in the name of withholding monies that are not its property, nor its right to hold – especially given that now the Treasury is in “DEFAULT” and owned in large part by the Chinese government.
I am aware you have issued an “Executive Order” giving the diplomatic parties of Interpol, the Chinese, the Swiss, and the U.K. (MI6), the means to enforce, with all due power, dissemination of the “Settlements.” They clearly are relying on your power to assist this effort and to stop cabinet members of your staff and CIA factions from blocking the Global World Settlements. They are relying on you to exhibit your inherent Presidential character such as integrity and respect for the law, and to recognize the gravity of delaying such an important event intended to rescue not only the immediate US banking community, but to support a recalibration and refitting of various currencies and economies on a world scale necessary to abate the global collapse of economies everywhere.
We are all well aware of the “derivatives,” the Ponzi schemes of the Federal Reserve creating debt out of thin air, the real estate debacle of SIV’s and CDO’s, the “Naked Shorting” in the stock market, and the market’s overall vast manipulation for the profit of the few. The global economy needs these “Settlements” to initiate recovery, and to switch to the new asset-backed US Treasury dollars.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. Please use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Lindell H. Bonney, Sr.
Clients
May 20, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you again this morning because your immediate personal assistance is required to ensure prompt dissemination of the World Global Settlements. As I have previously stated, I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. I have also been involved in the representation of other payees awaiting this distribution and have, in such capacity, been in direct communication with the UK Royal Monarch.
I am currently advised and understand the following:
• A portion of the World Global Settlement funds have been collected and are presently held in the custody of the Bank of America in Richmond, VA.
• Said funds are sufficient to cover all disbursements to be made by the authority of the Paymaster who has now spent more than eight weeks over the past three months, in Richmond, for the purpose of concluding these transfers.
• The Paymaster authority has, at the direction of the Pentagon, London, et. al., recently returned to Richmond to consummate the transfers; he was advised yesterday morning at Bank of America that the bank could not allow the transfers to be made until one additional signature was obtained.
• Accordingly, on May 19, 2010 an agent of Interpol began a hand-carry trip through Little Rock, Arkansas, to Charleston, South Carolina, and then on to Richmond, Virginia; the hand carried item was presented to the Bank of America officer this morning.
• The Bank of America officer then advised the Paymaster authority that Mr. Leon Panetta had instructed Bank of America that no World Global Settlement funds were to be disbursed without express personal approval from the President of the United States.
• I have previously been advised that you had given specific written authorization of these transfers when you visited the Richmond Bank of America several weeks ago.
As I advised yesterday in my communication to you, I am persuaded by these facts, that only your direct intervention will be efficacious in bringing this matter to conclusion. Mr. President, please provide, once again, your specific written authority and direction to those who continue to frustrate completion of these World Global Settlements. I would very much appreciate your written confirmation that you will do so without delay; accordingly, I will withhold further communication to the UK Royal Monarch and distribution of this correspondence to my clients until 4:30 PM EDT today.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. I implore you to use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Her Majesty, Queen Elizabeth II
Lindell H. Bonney, Sr.
Clients
PS. These letters were FAXed directly to the President's FAX machine; we have confirmed with the Whitehouse Communication Center that they were personally received by the President - not his staff!
Tuesday, April 27, 2010
******ATTENTION CMKX Shareholders****** **Hodges and Associates INTERIM UPDATE**
Hodges Update
I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner. This “Interim Update” is the exception that proves the rule, so to speak. However, it has been a relatively long period [certainly more than I originally anticipated] since I communicated with the shareholders at large, and there is material information to impart.
Before providing some information about what has been transpiring and our current status, let me address a few other matters:
• I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class.
• The Bivens action which I have filed not only sets forth the facts as I know them, it seeks to become a class-action on behalf of all shareholders.
• At this instant in time however, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class.
• In the unlikely event that this litigation continues forward, a motion will be filed with the Court requesting that a class be certified. If granted, at that point I will, presumably, be appointed by the Court to continue acting as counsel for the class; thereafter, the Court will be required to approve any and all settlements, and others matters.
• The status of the litigation can at all times be monitored on PACER; as a result, we do not respond to inquiries at my office; accordingly, please do not contact us directly for such information.
• For everyone’s information, all defendant’s have been served, and an initial scheduling conference, originally set by the Court to be held on April 26, 2010 has been continued by mutual agreement of the parties [with consent of the Court] to July 26, 2010.
• The litigation will be aggressively pursued until such time as all CMKX shareholders have been paid.
In a similar vein, please understand that we are not involved in any ongoing negotiations with the SEC and/or their representatives with a view to compromising and/or otherwise attempting to resolve claims of the shareholders. We have set forth in the complaint what the shareholders are entitled to receive; compromise is not anything that the shareholders want, desire, or would tolerate or accept.
The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Having said that, I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.
Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? Let me address each of these questions, to the extent I am able, separately:
1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillon Dollars.
2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay out of all the domestic settlements; institution of the US dollar re-funding project; pay out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.
3. Our Status – We are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than a few weeks.
4. The Delay – Although I could write a book about what’s been going on behind the scenes to cause this additional delay, I’ll try to give you the condensed version:
First - Please be aware and understand that there is an economic war raging in the background.
Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not.
Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.
Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it. By way of example, I was advised that over the weekend one State Department person, 10 bankers and 18 Federal Reserve people were arrested and dealt with.
Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. That will be in the very near future in my opinion; the current schedule based on advice I received this afternoon is that it should all be finished, with funds in the Trustee’s hands, by week’s end.
I want to extend our heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue, and we will prevail.
Al Hodges
Editor's Note - Thanks Mr. Hodges for all the information in your update...
Even though it wasn't the 'done or far from being done' update you promised us...!!
I hope you're right THIS time about being done by the end of the week...!!
And thanks to ALL those who said it WAS done...
You were ALL completely WRONG AGAIN...!!
I have previously stated that I would not provide an “update” until we had confirmation of economic receipt or, I became convinced that payment to CMKX shareholders would not be forthcoming in a timely manner. This “Interim Update” is the exception that proves the rule, so to speak. However, it has been a relatively long period [certainly more than I originally anticipated] since I communicated with the shareholders at large, and there is material information to impart.
Before providing some information about what has been transpiring and our current status, let me address a few other matters:
• I am an attorney and have been retained by seven brave and exceptional shareholders that represent a cross section of the proposed class.
• The Bivens action which I have filed not only sets forth the facts as I know them, it seeks to become a class-action on behalf of all shareholders.
• At this instant in time however, I literally represent only the seven named plaintiffs; as a result, I am constrained in the types and extent of information which I can provide to putative members of the class.
• In the unlikely event that this litigation continues forward, a motion will be filed with the Court requesting that a class be certified. If granted, at that point I will, presumably, be appointed by the Court to continue acting as counsel for the class; thereafter, the Court will be required to approve any and all settlements, and others matters.
• The status of the litigation can at all times be monitored on PACER; as a result, we do not respond to inquiries at my office; accordingly, please do not contact us directly for such information.
• For everyone’s information, all defendant’s have been served, and an initial scheduling conference, originally set by the Court to be held on April 26, 2010 has been continued by mutual agreement of the parties [with consent of the Court] to July 26, 2010.
• The litigation will be aggressively pursued until such time as all CMKX shareholders have been paid.
In a similar vein, please understand that we are not involved in any ongoing negotiations with the SEC and/or their representatives with a view to compromising and/or otherwise attempting to resolve claims of the shareholders. We have set forth in the complaint what the shareholders are entitled to receive; compromise is not anything that the shareholders want, desire, or would tolerate or accept.
The belief of some that yelling and screaming, loudly and publicly enough, can somehow “force” release of the CMKX moneys, is erroneous and misplaced; it will not. Having said that, I do believe that media exposure is beneficial in the sense that it keeps the pressure on the entire financial community.
Inquiring minds want to know: what is our status; what has been going on; what is holding up economic receipt; when will our money be released; and how much money is there? Let me address each of these questions, to the extent I am able, separately:
1. How Much Money – As I have said before, we have persuasive evidence to all of the facts alleged as such in the complaint; accordingly, there is a total of 3.87 Trillon Dollars.
2. When is Release – The CMKX distribution funds will be released within a very short time after there is confirmation of Economic Receipt. What does that mean? It means that currently in process is a massive shift of wealth within the US and the world community; that includes: pay out of all the domestic settlements; institution of the US dollar re-funding project; pay out of world settlements; and, distribution of funds to many other programs. This involves a total of more than $ 42 Trillion. Economic Receipt occurs when all trustees have access to all of the funds they are responsible for.
3. Our Status – We are literally on the thresh-hold. This means that the “work” remaining to be finished will not consume more hours than can be accomplished within one day. We have been at this point now for more than a few weeks.
4. The Delay – Although I could write a book about what’s been going on behind the scenes to cause this additional delay, I’ll try to give you the condensed version:
First - Please be aware and understand that there is an economic war raging in the background.
Second - The naked corruption that is endemic in D.C. is more than most can comprehend; it is clear that these miscreants have no regard for the US Constitution, Federal Laws and Regulations, nor even any sense of simple morality. They are convinced that they are above any constraint that might apply to lesser mortals and that no enforcement activity will ever successfully address them. I hasten to add that such opinions are not universal; having said that, it is more widespread than not.
Third - These miscreants are, in effect, fighting for their lives – at least that part of their lives that establishes an environment in which they can continue to lie, cheat, steal, and mortgage your progeny’s lives, all for their personal gain. Accordingly, they will fight until the doors are all closed by a power that they cannot subvert. That fight continues as I prepare this interim update.
Fourth - The good news is, we are winning the battle. The circle within which these bad apples can operate draws inexorably smaller with each attempt to bribe, suborn and otherwise corrupt the system, and the people within it. By way of example, I was advised that over the weekend one State Department person, 10 bankers and 18 Federal Reserve people were arrested and dealt with.
Fifth – By what date will we have Economic Receipt, you ask. We will have it when this initial battle phase comes to a successful conclusion. That will be in the very near future in my opinion; the current schedule based on advice I received this afternoon is that it should all be finished, with funds in the Trustee’s hands, by week’s end.
I want to extend our heartfelt thanks to those of you who continue to demonstrate support and encouragement for our efforts. We remain very optimistic for the long term. Rest assured that the fight will continue, and we will prevail.
Al Hodges
Editor's Note - Thanks Mr. Hodges for all the information in your update...
Even though it wasn't the 'done or far from being done' update you promised us...!!
I hope you're right THIS time about being done by the end of the week...!!
And thanks to ALL those who said it WAS done...
You were ALL completely WRONG AGAIN...!!
Monday, March 15, 2010
******ATTENTION CMKX Shareholders****** **********Lawsuit Media BLITZ**********
CMKX Shareholders Coalition: Multi-Trillion Dollar Class Action Suit Filed Against SEC
Yahoo Finance
Marketwire
Earthtimes
Euroinvestor
CMKX Shareholders Coalition
Mar 15, 2010 09:00 ET
CMKX Shareholders Coalition: Multi-Trillion Dollar Class Action Suit Filed Against SEC, Complaint for Declaratory Judgement, and for Damages for Violation of Civil Rights
VANCOUVER, BRITISH COLUMBIA--(Marketwire - March 15, 2010) - United States District Court, Central District of California
Case number: CV10-00031 January 8, 2010
A Bivens Class Action law suit seeking $3.87 trillion in damages was filed on January 10, 2010 against five present and five past Security and Exchange Commission commissioners. A. Clifton Hodges of Hodges and Associates, Pasadena, Ca., filed the suit on behalf of seven named plaintiffs and "all others similarly situated".
The suit alleges CMKM Diamonds, Inc. was used as a vehicle in a joint sting operation conducted by the SEC, the Department of Justice (DoJ) of the United States, Robert A. Maheu and others. The suit contends between June 1, 2004 and October 28, 2005 "a total of 2.25 trillion 'phantom' shares of CMKM Diamonds, Inc. were sold into the public market through legitimate brokers, illegitimate brokers and dealers, market-makers, hedge funds, ex clearing transactions and private transactions."
The class action suit further alleges the 'Securities and Exchange Commission and the Department of Justice, with assistance from the Department of Homeland Security (DHS), 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 terrorist operations.'
The twenty-page complaint states the SEC, DoJ and the DHS, "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 US Government and a representation of no criminal prosecution for such illegal sales."
According to Al Hodges filing, between March 2004 and August 2006 a settlement was reached on behalf of CMKM Diamonds, Inc. by Maheu, with assistance from others, and the alleged wrongdoers who had engaged in naked short selling of CMKM Diamonds, Inc. stock and cellar boxing the company. "In exchange for a US 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."
The suit contends these monies and other monies resulting from the sale of claims to foreign entities were collected for the benefit of the shareholders of CMKM Diamonds Inc., and are being held in a trust, or held in trust by the Depository Trust & Clearing Corporation and the United States Treasury.
The $3.87 trillion dollar lawsuit states demands for the release of said monies has been "repeatedly" presented to the SEC and 'agents and employees of the SEC and the DoJ have represented repeatedly that the release of the monies was imminent."
The Al Hodges complaint charges, "As a result of the Defendant's 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."
A second law suit was filed against the SEC in Kelowna, British Columbia, Canada by a group of shareholders called the CMKX Shareholders Coalition for Justice. This suit alleges the SEC aided corrupt management of CMKM Diamonds, Inc. to sell unregistered securities. The Coalition produced an extensive evidence package presented in their lawsuit to corroborate those allegations.
(link to Al Hodges 3.87 trillion dollar Class Action suit)
Hodges Lawsuit
(link to CMKX Shareholders Coalition for Justice law suit)
Coalition Lawsuit
Company info:
CMKM Diamonds, Inc. (CMKX) is 'a tiny diamond mining company whose CEO, Urban Cassavant, told his investors of his hopes to create a million millionaires, but whose shareholders were instead led down an uncertain path where at times it is difficult to separate the guilty from the innocent and fact from fiction, a path fueled by rumors, innuendos and outright lies.' Mark Faulk, author of The Naked Truth.
CMKX Shareholders Coalition for Justice
101-1865 Dilworth Drive, Suite #169
Kelowna, British Columbia V1Y T1
telephone (250) 300-4832
For more information, please contact
CMKX Shareholders Coalition for Justice
A. Clifton Hodges, State Bar No. 046803
Hodges and Associates
(626) 564-9797
(626) 564-9111 (FAX)
Yahoo Finance
Marketwire
Earthtimes
Euroinvestor
CMKX Shareholders Coalition
Mar 15, 2010 09:00 ET
CMKX Shareholders Coalition: Multi-Trillion Dollar Class Action Suit Filed Against SEC, Complaint for Declaratory Judgement, and for Damages for Violation of Civil Rights
VANCOUVER, BRITISH COLUMBIA--(Marketwire - March 15, 2010) - United States District Court, Central District of California
Case number: CV10-00031 January 8, 2010
A Bivens Class Action law suit seeking $3.87 trillion in damages was filed on January 10, 2010 against five present and five past Security and Exchange Commission commissioners. A. Clifton Hodges of Hodges and Associates, Pasadena, Ca., filed the suit on behalf of seven named plaintiffs and "all others similarly situated".
The suit alleges CMKM Diamonds, Inc. was used as a vehicle in a joint sting operation conducted by the SEC, the Department of Justice (DoJ) of the United States, Robert A. Maheu and others. The suit contends between June 1, 2004 and October 28, 2005 "a total of 2.25 trillion 'phantom' shares of CMKM Diamonds, Inc. were sold into the public market through legitimate brokers, illegitimate brokers and dealers, market-makers, hedge funds, ex clearing transactions and private transactions."
The class action suit further alleges the 'Securities and Exchange Commission and the Department of Justice, with assistance from the Department of Homeland Security (DHS), 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 terrorist operations.'
The twenty-page complaint states the SEC, DoJ and the DHS, "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 US Government and a representation of no criminal prosecution for such illegal sales."
According to Al Hodges filing, between March 2004 and August 2006 a settlement was reached on behalf of CMKM Diamonds, Inc. by Maheu, with assistance from others, and the alleged wrongdoers who had engaged in naked short selling of CMKM Diamonds, Inc. stock and cellar boxing the company. "In exchange for a US 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."
The suit contends these monies and other monies resulting from the sale of claims to foreign entities were collected for the benefit of the shareholders of CMKM Diamonds Inc., and are being held in a trust, or held in trust by the Depository Trust & Clearing Corporation and the United States Treasury.
The $3.87 trillion dollar lawsuit states demands for the release of said monies has been "repeatedly" presented to the SEC and 'agents and employees of the SEC and the DoJ have represented repeatedly that the release of the monies was imminent."
The Al Hodges complaint charges, "As a result of the Defendant's 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."
A second law suit was filed against the SEC in Kelowna, British Columbia, Canada by a group of shareholders called the CMKX Shareholders Coalition for Justice. This suit alleges the SEC aided corrupt management of CMKM Diamonds, Inc. to sell unregistered securities. The Coalition produced an extensive evidence package presented in their lawsuit to corroborate those allegations.
(link to Al Hodges 3.87 trillion dollar Class Action suit)
Hodges Lawsuit
(link to CMKX Shareholders Coalition for Justice law suit)
Coalition Lawsuit
Company info:
CMKM Diamonds, Inc. (CMKX) is 'a tiny diamond mining company whose CEO, Urban Cassavant, told his investors of his hopes to create a million millionaires, but whose shareholders were instead led down an uncertain path where at times it is difficult to separate the guilty from the innocent and fact from fiction, a path fueled by rumors, innuendos and outright lies.' Mark Faulk, author of The Naked Truth.
CMKX Shareholders Coalition for Justice
101-1865 Dilworth Drive, Suite #169
Kelowna, British Columbia V1Y T1
telephone (250) 300-4832
For more information, please contact
CMKX Shareholders Coalition for Justice
A. Clifton Hodges, State Bar No. 046803
Hodges and Associates
(626) 564-9797
(626) 564-9111 (FAX)
Thursday, March 11, 2010
******ATTENTION CMKX Shareholders****** *****"Dealing With Fraud by Denying It"*****
.
The New York Times...!!
BUSINESS Section - HIGH & LOW FINANCE
Dealing With Fraud by Denying It
By Floyd Norris
Published: March 11, 2010
Years after Charles Ponzi was imprisoned for a fraud that cost victims millions of dollars in 1920, the state of Massachusetts determined it had recovered all the assets it could, and began to distribute them to victims, who stood to receive less than 30 cents for each dollar they invested.
To get the money, the victims had to turn over the notes they had received from Ponzi. But many of them refused to do so when the cash was offered in 1931.
Those who refused, wrote Donald Dunn in his book, “Ponzi, The Incredible True Story of the King of Financial Cons,” were “holding onto the belief that Ponzi somehow would yet make good on his promise of 50 percent interest.”
He did not.
That was probably not the first, and certainly not the last, example of what might be called “buyer’s denial.” It is the belief that somehow a fraud was not what it seemed to be, and that there was still a way to avoid losing the money the victim had foolishly invested.
“One has to ignore a lot of data to come to that conclusion. But that may be better than having to admit to yourself that it is over and you’re never going to get your money back,” said Dean G. Kilpatrick, the director of the National Crime Victims Research and Treatment Center and a professor at the Medical University of South Carolina. “It stands to reason that some would prefer to believe something else.”
To conclude that, it may be necessary to believe that there is some large conspiracy involving the government. Otherwise, why would prosecutors have wrongly claimed there was a huge fraud?
Perhaps the largest case of “buyer’s denial,” at least in terms of alleged damages, is in the fraud involving a tiny company known as CMKM Diamonds, which purported to have valuable diamond mining claims. In reality, what it had was a publicity machine, including the sponsorship of a car at “funny car” races around the country.
Several shareholders in CMKM — some of whom kept buying shares after the government exposed the fraud — want 10 current and former commissioners of the Securities and Exchange Commission to pay them $3.87 trillion, an amount equal to about half the United States government debt in public hands. You might think that would be enough, but the suit claims those are merely compensatory damages. They also want punitive damages, but do not cite a figure.
That is an impressive amount for a company whose last published balance sheet showed total assets of $344. That is dollars, not millions.
The tale the shareholders tell, in a lawsuit filed in January in federal district court in Santa Ana, Calif., is of a conspiracy involving not just the S.E.C., but also the Justice Department and the Department of Homeland Security.
Before getting into their view of reality, we’ll look at the record as developed in court cases filed by the S.E.C. and the Justice Department.
By their account, CMKM Diamonds illegally issued hundreds of billions of shares of stock, which insiders proceeded to sell into the market while the company issued a series of false news releases and failed to file required financial statements with the S.E.C.
With volume in the stock reaching billions of shares a day, the company needed an explanation for where all those shares came from. Disclosure that the company was simply printing them might have alarmed even the least astute investor.
CMKM came up with an explanation that would also be used later by another “pump and dump” fraud named Universal Express. It blamed “naked” short-selling by criminals who had sold shares they had not borrowed beforehand.
Eventually, the S.E.C. ordered a temporary halt to the trading, citing the lack of public information on the company. The insiders kept selling shares, earning a total profit of at least $64 million, according to the government.
The case stands as a tribute to the ineffectiveness of civil remedies against determined crooks. The S.E.C. sued the insiders in federal court in Nevada. Most of them did not bother to reply. The S.E.C. got an order requiring John Edwards, a British citizen said to be the mastermind of the fraud, to pay $55 million in restitution, damages and interest. He left the country.
Urban Casavant, the company’s chief executive and the man who ran the publicity machine, was ordered to pay almost $69 million, but did not. He moved to Canada.
Both of those men, along with four other people said to have been involved in the fraud, were indicted by a federal grand jury in Nevada. Mr. Edwards is fighting extradition from Britain. Mr. Casavant is a fugitive.
The other view of CMKM is advanced by A. Clifton Hodges, a lawyer in Pasadena, Calif. In his class-action suit representing shareholders, and in an interview, he maintained that the government had set up a sting to catch the criminals who were doing the naked shorting.
The government had, the suit says, “evidence that short-sellers were utilizing their activities to illegally launder moneys, wrongfully export moneys, avoid payment of taxes and to support foreign terrorist operations.”
The government supposedly set up a sting using the services of Robert Maheu, a former F.B.I. agent and associate of Howard Hughes, who briefly served as a director of CMKM and complained that he was not paid. Mr. Maheu has since died.
The government now should distribute to shareholders the money it made on the scheme, the suit maintains. It does not explain how it arrived at a number in the trillions.
Mr. Hodges told me he had evidence to back up his case, but would not reveal it now.
He said the suit is allowed under a 1971 Supreme Court decision that allowed victims of ostensibly improper searches by federal narcotics agents to sue the agents as individuals, even though they could not sue the government. He thinks that justifies suing everyone who was an S.E.C. member from 2004 to the present.
Mr. Hodges told me that he could produce testimony from an unnamed witness who had heard Christopher Cox, then the S.E.C. chairman, direct that no enforcement action be taken against CMKM. Mr. Cox declined to comment, citing the pending litigation, but it is worth noting that the S.E.C. did file enforcement actions against the company while Mr. Cox was at the helm.
Mr. Hodges told me he has the phone number of Mr. Casavant, the fugitive former chief executive, in the Canadian province of Saskatchewan, and had spoken to him. He would not provide the number.
While pursuing his own theory of what happened at CMKM, Mr. Hodges does not seem to have done an especially thorough job of keeping up with the official version. The federal indictment of Mr. Casavant was unsealed in September, six months ago. But when I spoke to him this week, Mr. Hodges told me that Mr. Casavant had not been indicted.
Because I had written about CMKM several years ago, several shareholders brought this suit to my attention. When I told one I believed that the suit was unlikely to succeed, another called to ask me if the government was paying me off to suppress the news.
If the suit is dismissed, those shareholders are not likely to conclude that the claim is nonsense. Instead, they probably will see the dismissal as proof of an even larger conspiracy. Buyer’s denial can be a powerful thing.
The New York Times...!!
BUSINESS Section - HIGH & LOW FINANCE
Dealing With Fraud by Denying It
By Floyd Norris
Published: March 11, 2010
Years after Charles Ponzi was imprisoned for a fraud that cost victims millions of dollars in 1920, the state of Massachusetts determined it had recovered all the assets it could, and began to distribute them to victims, who stood to receive less than 30 cents for each dollar they invested.
To get the money, the victims had to turn over the notes they had received from Ponzi. But many of them refused to do so when the cash was offered in 1931.
Those who refused, wrote Donald Dunn in his book, “Ponzi, The Incredible True Story of the King of Financial Cons,” were “holding onto the belief that Ponzi somehow would yet make good on his promise of 50 percent interest.”
He did not.
That was probably not the first, and certainly not the last, example of what might be called “buyer’s denial.” It is the belief that somehow a fraud was not what it seemed to be, and that there was still a way to avoid losing the money the victim had foolishly invested.
“One has to ignore a lot of data to come to that conclusion. But that may be better than having to admit to yourself that it is over and you’re never going to get your money back,” said Dean G. Kilpatrick, the director of the National Crime Victims Research and Treatment Center and a professor at the Medical University of South Carolina. “It stands to reason that some would prefer to believe something else.”
To conclude that, it may be necessary to believe that there is some large conspiracy involving the government. Otherwise, why would prosecutors have wrongly claimed there was a huge fraud?
Perhaps the largest case of “buyer’s denial,” at least in terms of alleged damages, is in the fraud involving a tiny company known as CMKM Diamonds, which purported to have valuable diamond mining claims. In reality, what it had was a publicity machine, including the sponsorship of a car at “funny car” races around the country.
Several shareholders in CMKM — some of whom kept buying shares after the government exposed the fraud — want 10 current and former commissioners of the Securities and Exchange Commission to pay them $3.87 trillion, an amount equal to about half the United States government debt in public hands. You might think that would be enough, but the suit claims those are merely compensatory damages. They also want punitive damages, but do not cite a figure.
That is an impressive amount for a company whose last published balance sheet showed total assets of $344. That is dollars, not millions.
The tale the shareholders tell, in a lawsuit filed in January in federal district court in Santa Ana, Calif., is of a conspiracy involving not just the S.E.C., but also the Justice Department and the Department of Homeland Security.
Before getting into their view of reality, we’ll look at the record as developed in court cases filed by the S.E.C. and the Justice Department.
By their account, CMKM Diamonds illegally issued hundreds of billions of shares of stock, which insiders proceeded to sell into the market while the company issued a series of false news releases and failed to file required financial statements with the S.E.C.
With volume in the stock reaching billions of shares a day, the company needed an explanation for where all those shares came from. Disclosure that the company was simply printing them might have alarmed even the least astute investor.
CMKM came up with an explanation that would also be used later by another “pump and dump” fraud named Universal Express. It blamed “naked” short-selling by criminals who had sold shares they had not borrowed beforehand.
Eventually, the S.E.C. ordered a temporary halt to the trading, citing the lack of public information on the company. The insiders kept selling shares, earning a total profit of at least $64 million, according to the government.
The case stands as a tribute to the ineffectiveness of civil remedies against determined crooks. The S.E.C. sued the insiders in federal court in Nevada. Most of them did not bother to reply. The S.E.C. got an order requiring John Edwards, a British citizen said to be the mastermind of the fraud, to pay $55 million in restitution, damages and interest. He left the country.
Urban Casavant, the company’s chief executive and the man who ran the publicity machine, was ordered to pay almost $69 million, but did not. He moved to Canada.
Both of those men, along with four other people said to have been involved in the fraud, were indicted by a federal grand jury in Nevada. Mr. Edwards is fighting extradition from Britain. Mr. Casavant is a fugitive.
The other view of CMKM is advanced by A. Clifton Hodges, a lawyer in Pasadena, Calif. In his class-action suit representing shareholders, and in an interview, he maintained that the government had set up a sting to catch the criminals who were doing the naked shorting.
The government had, the suit says, “evidence that short-sellers were utilizing their activities to illegally launder moneys, wrongfully export moneys, avoid payment of taxes and to support foreign terrorist operations.”
The government supposedly set up a sting using the services of Robert Maheu, a former F.B.I. agent and associate of Howard Hughes, who briefly served as a director of CMKM and complained that he was not paid. Mr. Maheu has since died.
The government now should distribute to shareholders the money it made on the scheme, the suit maintains. It does not explain how it arrived at a number in the trillions.
Mr. Hodges told me he had evidence to back up his case, but would not reveal it now.
He said the suit is allowed under a 1971 Supreme Court decision that allowed victims of ostensibly improper searches by federal narcotics agents to sue the agents as individuals, even though they could not sue the government. He thinks that justifies suing everyone who was an S.E.C. member from 2004 to the present.
Mr. Hodges told me that he could produce testimony from an unnamed witness who had heard Christopher Cox, then the S.E.C. chairman, direct that no enforcement action be taken against CMKM. Mr. Cox declined to comment, citing the pending litigation, but it is worth noting that the S.E.C. did file enforcement actions against the company while Mr. Cox was at the helm.
Mr. Hodges told me he has the phone number of Mr. Casavant, the fugitive former chief executive, in the Canadian province of Saskatchewan, and had spoken to him. He would not provide the number.
While pursuing his own theory of what happened at CMKM, Mr. Hodges does not seem to have done an especially thorough job of keeping up with the official version. The federal indictment of Mr. Casavant was unsealed in September, six months ago. But when I spoke to him this week, Mr. Hodges told me that Mr. Casavant had not been indicted.
Because I had written about CMKM several years ago, several shareholders brought this suit to my attention. When I told one I believed that the suit was unlikely to succeed, another called to ask me if the government was paying me off to suppress the news.
If the suit is dismissed, those shareholders are not likely to conclude that the claim is nonsense. Instead, they probably will see the dismissal as proof of an even larger conspiracy. Buyer’s denial can be a powerful thing.
Friday, February 26, 2010
******ATTENTION CMKX Shareholders****** *****Hodges Update - Not So Imminent*****
ragingbull
millionaires
camrhon
Hodges and Associates Update
« Thread Started Today at 7:23pm »
Good evening to all CMKX shareholders. As most of you know my name is Al Hodges; I filed the Bivens lawsuit against past and present SEC Commissioners. I recommend that you read the legal allegations carefully; they will explain what has happened with your investment up through 2009. The only exception to that is for certain items which are prefaced with the words “information and belief;” in that case, the allegations describe what we believe happened.
You were all advised about one month ago of the status of my efforts on behalf of all the shareholders. At that time I advised that I would have a further update when a receipt for Economic Release had been received, or in the alternative I became convinced that such receipt would not be forthcoming in the very near future. I also opined, based on information being provided to me, that I believed such receipt was imminent. Neither has occurred as of this afternoon @ 3:00 PM PST.
In the intervening weeks, I have requested my associate and very good friend, Dennis Smith, to periodically provide some communication to you so that you were aware of our continuing efforts. He has done so as often as possible and each update has been personally approved by me.
We have had multiple reasons over the past few weeks to believe funds were to be released sooner rather than later; on each such occasion I have so advised my direct clients as is my custom and practice in such matters. On occasion, what began as a projected schedule of completion became something quite different when repeated several times over. To the extent that such communication was faulty and engendered confusion and/or false hope among you, the fault is entirely mine; please accept my heartfelt apology.
We were optimistic for early resolution; I remain so. Unfortunately, what is early for one is late for another. When we speak of ‘early’ resolution and ‘imminent’ conclusion, we are speaking within the context of the legal profession and of lawsuits in general which, as many of you know, frequently stretch into years. The last thing we intended or wanted is to contribute to shareholder angst and/or emotional ups and downs. We are well aware of both the financial and emotional plight many shareholders are laboring under. As some of you well know, you do not labor alone in such condition.
As Tramp and many others have suggested, this effort is not about CMKX alone. Receipt of the Economic Release will impact, one way or another, the entire financial structure of US and international activities. Once you can accept the truth of that statement, I’m sure that you can understand that it is a highly technical, complex and multi-faceted undertaking. CMKX has a role to play and we are doing our very best to assist in its successful conclusion.
Many of you have asked what they can do to help further “the cause.” A media blitz may become necessary but would serve no real purpose at the moment. In the meantime should anyone feel they want to do something immediately, simply send a brief note and a copy of the complaint to every mainstream news outlet you can think of; in our view more exposure is likely to lead to additional leverage.
Leverage is beneficial to hastening receipt of Economic Release; it is not required and will have no real impact on the litigation. The lawsuit has and is being served on the defendants. As many of you are aware, the SEC’s General Counsel has agreed to accept service on behalf of the five current Commissioners. In the event that this matter has not concluded after all parties have responded in Court, we will initiate our discovery.
I will do as I said I would do; i.e. you will receive an update from me at such time as we have a receipt for Economic Release or I have reached the conclusion that it is not forthcoming in the very near future. In the meanwhile, please try to understand how very difficult and uncertain this particular time is. I and my associates are working very hard to accomplish what some have asked us to do on behalf of all CMKX shareholders.
A. Clifton Hodges
Hodges and Associates
millionaires
camrhon
Hodges and Associates Update
« Thread Started Today at 7:23pm »
Good evening to all CMKX shareholders. As most of you know my name is Al Hodges; I filed the Bivens lawsuit against past and present SEC Commissioners. I recommend that you read the legal allegations carefully; they will explain what has happened with your investment up through 2009. The only exception to that is for certain items which are prefaced with the words “information and belief;” in that case, the allegations describe what we believe happened.
You were all advised about one month ago of the status of my efforts on behalf of all the shareholders. At that time I advised that I would have a further update when a receipt for Economic Release had been received, or in the alternative I became convinced that such receipt would not be forthcoming in the very near future. I also opined, based on information being provided to me, that I believed such receipt was imminent. Neither has occurred as of this afternoon @ 3:00 PM PST.
In the intervening weeks, I have requested my associate and very good friend, Dennis Smith, to periodically provide some communication to you so that you were aware of our continuing efforts. He has done so as often as possible and each update has been personally approved by me.
We have had multiple reasons over the past few weeks to believe funds were to be released sooner rather than later; on each such occasion I have so advised my direct clients as is my custom and practice in such matters. On occasion, what began as a projected schedule of completion became something quite different when repeated several times over. To the extent that such communication was faulty and engendered confusion and/or false hope among you, the fault is entirely mine; please accept my heartfelt apology.
We were optimistic for early resolution; I remain so. Unfortunately, what is early for one is late for another. When we speak of ‘early’ resolution and ‘imminent’ conclusion, we are speaking within the context of the legal profession and of lawsuits in general which, as many of you know, frequently stretch into years. The last thing we intended or wanted is to contribute to shareholder angst and/or emotional ups and downs. We are well aware of both the financial and emotional plight many shareholders are laboring under. As some of you well know, you do not labor alone in such condition.
As Tramp and many others have suggested, this effort is not about CMKX alone. Receipt of the Economic Release will impact, one way or another, the entire financial structure of US and international activities. Once you can accept the truth of that statement, I’m sure that you can understand that it is a highly technical, complex and multi-faceted undertaking. CMKX has a role to play and we are doing our very best to assist in its successful conclusion.
Many of you have asked what they can do to help further “the cause.” A media blitz may become necessary but would serve no real purpose at the moment. In the meantime should anyone feel they want to do something immediately, simply send a brief note and a copy of the complaint to every mainstream news outlet you can think of; in our view more exposure is likely to lead to additional leverage.
Leverage is beneficial to hastening receipt of Economic Release; it is not required and will have no real impact on the litigation. The lawsuit has and is being served on the defendants. As many of you are aware, the SEC’s General Counsel has agreed to accept service on behalf of the five current Commissioners. In the event that this matter has not concluded after all parties have responded in Court, we will initiate our discovery.
I will do as I said I would do; i.e. you will receive an update from me at such time as we have a receipt for Economic Release or I have reached the conclusion that it is not forthcoming in the very near future. In the meanwhile, please try to understand how very difficult and uncertain this particular time is. I and my associates are working very hard to accomplish what some have asked us to do on behalf of all CMKX shareholders.
A. Clifton Hodges
Hodges and Associates
Friday, February 19, 2010
******ATTENTION CMKX Shareholders****** ******CUSIP # Change For CIM Shares*****
TD Ameritrade has changed the CUSIP # and Name on CIM shares.
Old... 02/18/2010 14:27:18 MANDATORY - CUSIP CHANGE (125809996)
New... 02/18/2010 14:27:18 MANDATORY - CUSIP CHANGE (147990469)
Old Name...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
New Name...
CASAVANT INTL MINING CORP RESTRICTED SHARES
The original 1 for 1 spinout of CIM shares in 2003 had CUSIP # 147990469.
The name was...
CASAVANT INTL MINING CORP RESTRICTED SHARES
The .0256/share dividend of CIM shares in 2004 had the CUSIP # 125809996.
The name was...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
The original CIM spinout shares & the CIM dividend shares were 2 different entries in my Ameritrade account, each with their own CUSIP # for a long time.
Then they were combined into 1 entry with the dividend CUSIP # 125809996.
The name was...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
Now it has been changed back to the original spinout CUSIP # 147990469.
The name is now...
CASAVANT INTL MINING CORP RESTRICTED SHARES
Why was this done, and maybe more importantly, why was this done NOW...??
I am waiting for more details from TD Ameritrade.
I will post any new information I receive.
Old... 02/18/2010 14:27:18 MANDATORY - CUSIP CHANGE (125809996)
New... 02/18/2010 14:27:18 MANDATORY - CUSIP CHANGE (147990469)
Old Name...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
New Name...
CASAVANT INTL MINING CORP RESTRICTED SHARES
The original 1 for 1 spinout of CIM shares in 2003 had CUSIP # 147990469.
The name was...
CASAVANT INTL MINING CORP RESTRICTED SHARES
The .0256/share dividend of CIM shares in 2004 had the CUSIP # 125809996.
The name was...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
The original CIM spinout shares & the CIM dividend shares were 2 different entries in my Ameritrade account, each with their own CUSIP # for a long time.
Then they were combined into 1 entry with the dividend CUSIP # 125809996.
The name was...
CMKM DIAMONDS INC CASAVANT INTL MINING RSTKD SHS
Now it has been changed back to the original spinout CUSIP # 147990469.
The name is now...
CASAVANT INTL MINING CORP RESTRICTED SHARES
Why was this done, and maybe more importantly, why was this done NOW...??
I am waiting for more details from TD Ameritrade.
I will post any new information I receive.
Thursday, February 18, 2010
******ATTENTION CMKX Shareholders****** ******An Open Letter To Mr. Al Hodges*****
2/18/2010
Dear Mr. Hodges,
The Non-Update Update was considerate, but worthless.
Just about everyone involved in this has said to wait to hear something from you.
Bob has been saying you will update us soon, since February 1st.
Dennis has said don't listen to any rumors or sources...
Wait to hear from Al.
We still haven't heard from you.
I do appreciate your efforts, and I know I don't have all the information you have.
However... It should not be mutually exclusive to provide shareholders with some kind of update that actually contains real information about our current status, and not reveal our double-secret-probation strategy to the opposition.
Shareholders are being misled by statements made by some of the plaintiffs, mostly because their information is supposed to be coming from you.
Information directly from you would put an end to that problem.
I thank you again for all your efforts on our behalf, but shareholders really need to have some idea if this lawsuit is going to take weeks or months or years.
Sincerely,
Tony Bo.
--------------------------------------
Editor's Note - I did send this letter directly to Mr. Hodges at
al@hodgesandassociates.com
***
Tuesday, February 16, 2010
******ATTENTION CMKX Shareholders****** * Hodges & Associates - Non-Update Update *
Non-Update Update
particleswaves(Dennis Smith) DIAMOND JEDI
Hodges and Associates - February 16, 2010
« Thread Started Today at 4:45pm »
Non-Update Update
Fellow Shareholders,
Al and I are well aware of the perceived need for an “update” from this office; however there is still nothing salient or juicy or final to share one way or the other, at least at this moment. Al’s position for some time has been that as long as things are fluid and “in process” he would have no formal update to the shareholder base, preferring to hold formal “news” until release of shareholder funds has irrevocably taken place or conversely, until he was convinced it wasn’t going to happen in a timely manner. The “process” continues, nothing is yet “etched in stone” and accordingly, there is no definitive Update.
As for the “rumors”, IMO that’s precisely what they are, well-meaning or not as the case may be. I’m continually reminded of the Psychology 1A experiment where one class member is told a story or a set of facts and is asked to pass the info on to a fellow class member who in turn is asked to pass it on etc., and by the time the story gets around the room it is largely indistinguishable from the original.
I would again caution everyone not to count their un-hatched chickens. While it indeed may turn out to be the proverbial bet or “stock play of a lifetime” and pay off “shortly”, there is always Murphy’s Law to deal with, not to mention the Law of Unintended Consequence. IMO, the most reasonable posture at the moment is to remain cautiously optimistic, hoping for the best but at the same time getting on with everyday business.
Regards,
Dennis Smith
Hodges and Associates
(particleswaves)
particleswaves(Dennis Smith) DIAMOND JEDI
Hodges and Associates - February 16, 2010
« Thread Started Today at 4:45pm »
Non-Update Update
Fellow Shareholders,
Al and I are well aware of the perceived need for an “update” from this office; however there is still nothing salient or juicy or final to share one way or the other, at least at this moment. Al’s position for some time has been that as long as things are fluid and “in process” he would have no formal update to the shareholder base, preferring to hold formal “news” until release of shareholder funds has irrevocably taken place or conversely, until he was convinced it wasn’t going to happen in a timely manner. The “process” continues, nothing is yet “etched in stone” and accordingly, there is no definitive Update.
As for the “rumors”, IMO that’s precisely what they are, well-meaning or not as the case may be. I’m continually reminded of the Psychology 1A experiment where one class member is told a story or a set of facts and is asked to pass the info on to a fellow class member who in turn is asked to pass it on etc., and by the time the story gets around the room it is largely indistinguishable from the original.
I would again caution everyone not to count their un-hatched chickens. While it indeed may turn out to be the proverbial bet or “stock play of a lifetime” and pay off “shortly”, there is always Murphy’s Law to deal with, not to mention the Law of Unintended Consequence. IMO, the most reasonable posture at the moment is to remain cautiously optimistic, hoping for the best but at the same time getting on with everyday business.
Regards,
Dennis Smith
Hodges and Associates
(particleswaves)
Friday, January 8, 2010
*****ATTENTION CMKX Shareholders***** ****** Hodges SEC Lawsuit Filed...!!******
SEC Lawsuit Document
Text of Filing
TEXT OF THE CMKM/CMKX LAWSUIT AGAINST THE S.E.C.
CASE NUMBER CV10-00031-JVS (MLGX): SEE REPORT DATED 7TH JANUARY 2010
Saturday 9 January 2010 03:15
THE SUMMONS CIVIL COVER SHEET DISPLAYS:
'MONEY DEMANDED IN COMPLAINT: $3.87 TRILLION'
A. CLIFTON HODGES, State Bar No. 046803
HODGES AND ASSOCIATES
4 East Holly Street, Suite 202
Pasadena, California 91103
Telephone: (626) 564-9797
Facsimile: (626) 564-9111
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DAVID ANDERSON, LT. COL.; NELSON L. REYNOLDS, LT. COL.; SHEILA MORRIS; PATRICK CLUNEY; ROBERT HOLLENEGG; ALLAN TREFFRY; and REECE HAMILTON, Individually and on behalf of all similarly situated,
Plaintiffs,
vs.:
CHRISTOPHER COX, an individual; MARY L. SCHAPIRO, an individual; CYNTHIA A. GLASSMAN,
an individual; PAUL S. ATKINS, an individual; ROEL C. CAMPOS, an individual; ANNETTE L. NAZARETH, an individual; TROY A. PAREDES, an individual; LUIS A. AGUILAR, an individual; ELISSE B. WALTER, an individual; KATHLEEN L. CASEY, an individual;
and DOES 1 through 10, inclusive,
Defendants. Case No.: CV10-00031-JVS (MLGx)
COMPLAINT FOR DECLARATORY JUDGMENT,
AND FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS
(JURY TRIAL DEMANDED)
COME NOW Plaintiffs DAVID ANDERSON, LT. COL.; NELSON L. REYNOLDS, LT. COL.; SHEILA MORRIS; PATRICK CLUNEY; ROBERT HOLLENEGG; ALLAN TREFFRY; and REECE HAMILTON, individually and on behalf of all others similarly situated, who, for causes of action herein allege:
INTRODUCTION:
1. This action for declaratory judgment and for damages for violations of the Plaintiffs’ civil rights under Bivens v. Six Unknown Agents of the F.B.I., 403 U.S. 388 (1971), against Commissioners of the Securities and Exchange Commission, arises out of actions and failures to act occurring over the period from January 1, 2006 to date by Defendants CHRISTOPHER COX, an individual; MARY L. SCHAPIRO, an individual; CYNTHIA A. GLASSMAN, an individual; PAUL S. ATKINS, an individual; ROEL C. CAMPOS, an individual; ANNETTE L. NAZARETH, an individual; TROY A. PAREDES, an individual; LUIS A. AGUILAR, an individual; ELISSE B. WALTER, an individual; KATHLEEN L. CASEY, an individual; and other government agents whose names are not now known to the Plaintiffs.
2. These Defendants, acting in the course and scope of their employment by the United States of America as duly authorized Commissioners of the Securities and Exchange Commission, a federal agency, through their acts and omissions knowingly, consciously, wrongly, without compensation and without due process of law have effected a taking of property from each of the named Plaintiffs and all who are similarly situated.
JURISDICTION AND VENUE:
3. This action for declaratory relief and damages is predicated on the provisions of the Constitution and Statutes of the United States, the legal and equitable jurisdiction of this Court, the principles of common law, and this Court’s concurrent and pendant jurisdiction.
4. This Court has jurisdiction over the Plaintiffs’ claims under Article III of the United States Constitution and the Fifth Amendment thereto. This Court has jurisdiction over Plaintiffs’ property rights under the foregoing citations and, in addition, pursuant to Title 28 U.S.C., Section 1331 and the case law precedent of Bivens v. Six Unknown Agents of the F.B.I., 403 U.S. 388 (1971).
5. Venue is proper in this Court under Title 28 U.S.C., Section 1391(e)(1)/(2). Defendants are all past or current Commissioners of the Securities and Exchange Commission and therefore agents of the United States Government, and a substantial part of the property, and the acts related to such property subject to Plaintiffs’ claims, occurred or was situated in this Central District of California at all times relevant.
THE PARTIES:
6. Plaintiff DAVID ANDERSON, LT. COL., U.S. Air Force pilot, resides in the State of Missouri, owns more than 280,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
7. Plaintiff NELSON L. REYNOLDS, LT. COL., U.S. Air Force pilot, resides in the State of Texas, owns more than 15,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
8. Plaintiff SHEILA MORRIS, a company owner/CEO resides in the State of North Carolina, owns
more than 400,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
9. Plaintiff PATRICK CLUNEY, a retired professional athlete resides in the State of Florida, owns more than 680,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
10. Plaintiff ROBERT HOLLENEGG resides in the State of North Carolina, owns more than 85,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
11. Plaintiff ALLAN TREFFRY, a licensed State of California Attorney, resides in the County of Los Angeles, State of California, owns more than One Billion shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
12. Plaintiff REECE HAMILTON, a business owner/partner resides in the County of Los Angeles, State of California, owns more than One Billion shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
13. Defendants CHRISTOPHER COX, Chairman 2005-2009, MARY L. SCHAPIRO, Chairman 2009-2010, CYNTHIA A. GLASSMAN Commissioner 2002-2006, PAUL S. ATKINS, Commissioner 2002-2008, ROEL C. CAMPOS, Commissioner 2002-2007, ANNETTE L. NAZARETH, Commissioner 2005-2008, TROY A. PAREDES, Commissioner 2008-2010, LUIS A. AGUILAR Commissioner 2008-2010, ELISSE B. WALTER Commissioner 2008-2010 and KATHLEEN L. CASEY, Commissioner 2008-2010: are and, at all referenced times mentioned herein were, acting as individuals and as Commissioners of the Securities and Exchange Commission, an agency of the UNITED STATES OF AMERICA, and acting within the course and scope of their employment. These Defendants are the real parties in interest in the claims set forth herein.
14. Other employees and servants of the Securities and Exchange Commission are also liable for damages under the causes of action set out in this Complaint. However, the names of these employees and servants are not now known to Plaintiffs, who thereby names them herein as DOES 1 through 10. When the names of these employees and servants become known, Plaintiffs reserve the right to amend this Complaint to add the names of these DOE Defendants.
FACTUAL CONTENTIONS APPLICABLE TO ALL CAUSES OF ACTION:
15. In November and December, 2002, CYBER MARK INTERNATIONAL INC., a public company domiciled in Nevada, reverse-merged with Casavant Mineral Claims, which then held mineral claims to more than 600,000 acres within Saskatchewan, Canada, increased authorized capital from 500,000,000 to 10,000,000,000 common shares, cancelled all preferred shares, and changed its name to CASAVANT MINING KIMBERLITE INTERNATIONAL, INC. (CMKI); as of February 3, 2003, 7,241,653,404 shares were issued and outstanding.
16. During the succeeding months CMKI declared a 2 for 1 stock split and filed with the Securities and Exchange Commission: Form 15 exemption claim, July, 2003; Certificate of Amendment to Articles of Incorporation changing its name to CMKM DIAMONDS, INC. (CMKM), February 5, 2004; Certificate of Amendment to Articles of Incorporation raising its authorized capital to 500,000,000,000 common shares @ $0.001 par value, March 1, 2004; Certificate of Amendment to Articles of Incorporation correcting the par value of common shares as of December 26, 2002 to $0.0001 par value, July 13, 2004; Certificate of Amendment to Articles of Incorporation raising its authorized capital to 800,000,000,000 common shares @ $0.0001 par value, July 13, 2004.
17. During the summer and fall of 2004: New York Attorney Roger Glenn was retained by the company; the number of acres upon which CMKM held claims increased to over 1.2 Million acres; claims development activity was pursued by the company; and a shareholders appreciation party was planned to be celebrated in Las Vegas, Nevada to thank the shareholders, to give them an opportunity to meet company personnel, and to announce an agreed upon merger with another public company, U.S. CANADIAN MINERALS INC. On the eve of the party celebration, the Securities and Exchange Commission placed an order on CMKM preventing any public disclosure of anticipated mergers or other development information.
18. In early 2005, CMKM announced the addition of Robert A. Maheu to the Board of Directors who shortly thereafter became the co-chairman of the Board; CMKM announced a new “corporate strategy plan to dramatically and comprehensively transform” the company for generation of consistent, long-term growth and profitability for the shareholders; CMKM filed an amended Form 15 on February 17, 2005 reinstating the company to a public reporting status; and on March 3, 2005 was notified by the Securities and Exchange Commission of a temporary suspension of trading of the company’s stock (Pink Sheets-CMKX) based upon, inter alia, concerns over the “adequacy” of publicly available information.
19. On March 16, 2005 the Securities and Exchange Commission instituted a public administrative proceeding pursuant to Section 12 (j) of the Securities Exchange Act of 1934 against CMKM to determine whether the company was required to file periodic reports under Section 12(g) and whether CMKM failed to comply with Section 13(a), and rules there-under, by failing to so file. CMKM responded on April 11, 2005 admitting that CMKM had a duty to file public reports and alleging various grounds of mistake, malpractice and other affirmative defenses to the factual allegations.
20. From March 17, 2005 through April 29, 2005 CMKM traded publicly in the US under the trading symbol “CMKX,” a total of 551,756,751,833 shares, an average share volume of more than 17 billion shares per day, reaching a maximum on April 21, 2005 of 94,654,588,201 shares. These figures do not include foreign trades nor trades made on an ex-clearing basis such as those disclosed by Jefferies & Company , Inc. on May 6, 2005: between March 25, 2004 and September 21, 2004 Jefferies traded 111,780,681,204 shares of CMKX stock on an ex-clearing basis.
21. On May 10, 2005 the Section 12 (j) administrative proceeding was conducted in a United States Central District of California courtroom; the Administrative Law Judge, Honorable Brenda P. Murray entered her decision on July 12, 2005 finding the facts to be as alleged by the Securities and Exchange Commission. CMKM then filed a Petition for Review which was granted, and a briefing schedule set.
22. On October 20, 2005: Robert A. Maheu resigned as a member and co-chairman of the CMKM Board of Directors; Urban Casavant agreed to remain as the sole officer and Director of CMKM until the affairs of CMKM were wound up to ensure all shares and other assets of CMKM were properly distributed to its stockholders; CMKM entered into an agreement with Entourage Mining Ltd. pursuant to which CMKM assigned its 50% interest in United Carina Resources Corp. to Entourage for 15,000,000 shares of stock, sold its 36% interest in Nevada Minerals, Inc. claims to Entourage for 5,000,000 shares of stock, and made a joint agreement with 101047025 Saskatchewan Inc. and Entourage whereby certain claims were transferred and CMKM became entitled to receive 30,000,000 shares of stock; CMKM’s other agreements with United Carina Resources Corp. and Nevada Minerals Inc. were terminated.
23. On October 21, 2005 CMKM approved formation of a Task Force consisting of Robert A.
Maheu, Donald J. Stoecklein and Bill Frizzell for the purpose of assisting CMKM and Mr. Maheu, as “designated Trustee, to conduct an orderly and verifiable pro rata liquidating distribution of any Entourage Mining Ltd. shares…and any other available assets of CMKM;” the SEC Petition for Review was withdrawn by CMKM on October 21, 2005 and a Securities and Exchange Commission Order de-registering CMKM subsequently was formally entered on October 28, 2005. CMKM had 703,518,875,000 shares of common stock issued and outstanding on that date.
24. On November 4, 2005 CMKM established a web site (CMKMTaskForce.com) for the purpose, inter alia, of advising all shareholders to request physical share certificates evidencing their ownership interest in CMKM as one means of establishing that they were bona fide shareholders of the company. The company intended at that time to wind up its affairs and distribute the 50 million shares of Entourage Mining Ltd. stock and any other assets, including previously unpaid dividends, to the bona fide shareholders. The web site set forth procedures to be followed and established a means of registering all bona fide shareholder certificates prior to December 31, 2005; certificates evidencing 43,309,298,585, shares had been registered at that time.
25. A frequently asked question (FAQ) page was added to the web site on the evening of November 4, 2005 and in response to a question about the degree of naked shorting of CMKM stock, the Task Force indicated that “Credible information indicates the number of naked short shares is potentially as high as 2 Trillion shares”.
26. The Task Force issued a press release on January 19, 2006 discussing a reduction in total shares of Entourage Mining Ltd. stock to be distributed to CMKM shareholders from 50 Million shares to 45 Million shares as a result of a reduction in mining claims involved.
The Task Force also discussed issues involving difficulties obtaining physical share certificates being experienced by shareholders; accordingly the deadline date for registration of shares was extended to March 15, 2006.
The Task Force was provided a new “cert list” by First Global Stock Transfer showing certs issued “and active” on January 13, 2006; ADP Services also provided information to the Task Force. This data reflected a sample of 25,021 certificates representing 350,000,000,000 plus shares of stock and a total of more than 67,000 additional certificates to be counted.
27. On March 16, 2006 the Task Force issued a public release that “…we received a visit in our office [in Tyler, Texas] by an E-Trade rep today. This rep personally hand delivered copies of approximately 4000” certificates. Further information regarding on-going discussions with the DTCC and other brokerage houses was also provided.
28. The Task Force provided additional information on March 20, 2006, extending the time for registration of certificates to May 15, 2006, advising the shareholders that Urban Casavant and his immediate family would not participate in the share distribution, and advising that a printed notice to stock holders would be published in at least one nationally circulated United States newspaper.
29. On May 25, 2006 the Task Force received a second batch of 1,200 share certificates from AmeriTrade, having received some 1,000 share certificates a week earlier. AmeriTrade’s cover letter indicated that several hundred more certificates would be delivered within “the next few days.” The deadline for registering certificates of May 15, 2006 had not been extended, although the Task Force continued to advise shareholders that they should obtain their certificates and that the Task Force would honor any bona fide shareholder at the time of asset distribution. By late Fall, 2006, the Task Force had received and counted copies of certificates from more than 39,000 shareholders, evidencing more than 635 Billion shares.
30. Kevin West was hired pursuant to a written agreement by CMKM during the summer of 2006
to assist in winding up the affairs of the company and, more specifically, coordinating the share certificate pull. After serving nearly a year as Interim CEO, Kevin West was appointed Chairman of the Board on March 29, 2007 after which Urban Casavant stepped down as sole director, president, secretary and treasurer of CMKM Diamonds, Inc. Mr. West soon thereafter appointed Bill Frizzell as CMKM General Counsel and provided instructions for the filing of a number of lawsuits to attempt to recover moneys and other assets which had been wrongfully taken from the company.
31. 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.
32. 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.
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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
CLASS ACTION ALLEGATIONS:
40. Plaintiffs bring this action individually, and on behalf of all others similarly situated, and in the public interest.
41. Plaintiffs bring this action on behalf of a class of persons who were and are bona fide shareholders in CMKM Diamonds, Inc., a public company directly supervised by the Securities and Exchange Commission.
42. Plaintiffs are members of said class, have a claim typical of the claims of all members of said class, and will fairly and adequately represent the interests of the members of said class.
43. The members of said class are so numerous that joinder of all members is impracticable.
44. All of the class members are wholly identifiable from documents known to be in the possession of Defendants and of the Securities and Exchange Commission.
45. The claims of the members of said class present common issues of fact and law which predominate over any questions affecting only individual members of the class.
46. The defenses available to defendants to the claims of the members of the class present common issues of fact and law which predominate over any questions affecting only individual members of the class.
47. The prosecution of separate actions by the individual members of the class would create a risk of inconsistent or varying adjudications which would establish incompatible standards of conduct for defendants.
48. Adjudications with respect to individual members of said class would, as a practical matter be dispositive of the interest of other members not parties to the individual adjudications or would substantially impair or impede the right and/or ability to protect their interest.
49. Defendants have acted or refused to act on grounds generally applicable to said class thereby making appropriate final injunctive relief with respect to the class as a whole.
50. Unless ordered by this court, Defendants will continue their illegal and wrongful conduct, and repeated actions by individual class members will be required to obtain relief; and thereby the remedies available at law are inadequate.
51. For all of the above reasons, a class action is superior to other available methods for the fair and efficient adjudication of the claims alleged herein.
FIRST CAUSE OF ACTION
(FOR DECLARATORY RELIEF AGAINST ALL DEFENDANTS):
52. Plaintiffs incorporate as though fully set forth herein, all of the allegations contained in Paragraphs 1 through 39 above.
53. Plaintiffs allege that an actual controversy exists in this jurisdiction, in that it is the Plaintiffs’ contention that:
(a) The Defendants are, or in the past were, Commissioners of the SECURITIES AND EXCHANGE COMMISSION, an agency of the UNITED STATES OF AMERICA. At all relevant times herein, said Defendants were acting as individuals and in their official capacity as agents of the SECURITIES AND EXCHANGE COMMISSION.
(b) On and after January 1, 2006, the Defendants, acting alone and acting in concert with each other, and acting without just cause, did consciously, knowingly, intentionally and wrongfully cause certain acts and omissions to proceed in such manner as to hinder, delay, and ultimately prevent the distribution of moneys held for the benefit of Plaintiffs, and all similarly situated, said moneys being payable to each said person on a per share basis.
(c) The Defendants, and each of them, acted in their individual and their official capacities with deliberate or reckless disregard for the Constitutional and other rights of Plaintiffs and all similarly situated or with malicious intent and with the knowledge that their acts and omissions violated and denied the Constitutional and other rights of Plaintiffs and all similarly situated, or that their acts would cause said Plaintiffs and all similarly situated other injuries.
(d) The Defendants, and each of them, did unlawfully and wrongfully cause certain acts and omissions to proceed in such manner as to hinder, delay, and ultimately prevent the distribution of moneys held for the benefit of Plaintiffs and all similarly situated, even though the Defendants knew that said persons had a vested interest and Constitutional right to receive said moneys in a timely, unfettered and unconstrained manner.
(e) The Defendants, and each of them, knew that Plaintiffs and all similarly situated had a vested interest and Constitutional right to receive said moneys in a timely, unfettered and unconstrained manner when they committed the acts and omissions set forth above, causing each said person to be deprived of property without just compensation and without due process of law.
54. The Defendants, and each of them, contend to the contrary. Therefore, it is necessary and proper for this Court at this time to determine and declare the validity of the contentions of the parties as set forth above.
SECOND CAUSE OF ACTION
(FOR VIOLATION OF THE PLAINTIFFS’ CONSTITUTIONAL RIGHTS AGAINST DEFENDANTS COX, SHAPIRO, GLASSMAN, ATKINS, CAMPOS, NAZARETH, PAREDES,AGUILAR, WALTER, and CASEY):
55. Plaintiffs incorporate as though fully set forth herein all of the allegations contained in Paragraphs 1 through 51, above.
56. Defendants, by committing the above-mentioned acts and omissions, violated and denied the Plaintiffs’ Constitutional rights, and those of all similarly situated, 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.
57. Defendants, and each of them, acted and failed to act with the intent to deny the Constitutional rights of Plaintiffs and of all those similarly situated, or with the intentional or callous disregard or deliberate indifference to those rights. The above described acts of the Defendants, all charged with securities law enforcement as Commissioners of the Securities and Exchange Commission, in violation of the Constitutional rights of Plaintiffs and of all those similarly situated, were not intended to be exempt from liability.
58. As a result of the Defendants’ acts, Plaintiffs and all those similarly situated have suffered injuries and property loss in excess of 3.87 Trillion Dollars in an exact amount to be determined at the time of Trial. Because Defendants’ actions were intentional or done with callous disregard or deliberate indifference to the Constitutional and other rights of all Plaintiffs, this Court should award punitive damages against each individually named Defendant.
WHEREFORE, Plaintiffs seek judgment as follows:
1. For a declaratory judgment, pursuant to Title 28 U.S.C., Sections 2201 and 2202, which determines and declares the validity of the contentions of the parties set forth in Paragraphs 52 to 54, above;
2. For a judgment for compensatory, general and special damages in the amounts prayed for in the Second Cause of action set forth above;
3. For a judgment for punitive damages in an amount sufficient to punish and to make examples of these Defendants, and to deter these Defendants and others from engaging in similar conduct;
4. For an award of reasonable attorney’s fees, expenses and costs of suit incurred herein; and:
5. For such other and further relief as this Court deems just and proper.
Dated: January 10, 2010.
HODGES AND ASSOCIATE
By: [Signed]
A. CLIFTON HODGES
Attorneys for Plaintiffs
DEMAND FOR JURY TRIAL
Text of Filing
TEXT OF THE CMKM/CMKX LAWSUIT AGAINST THE S.E.C.
CASE NUMBER CV10-00031-JVS (MLGX): SEE REPORT DATED 7TH JANUARY 2010
Saturday 9 January 2010 03:15
THE SUMMONS CIVIL COVER SHEET DISPLAYS:
'MONEY DEMANDED IN COMPLAINT: $3.87 TRILLION'
A. CLIFTON HODGES, State Bar No. 046803
HODGES AND ASSOCIATES
4 East Holly Street, Suite 202
Pasadena, California 91103
Telephone: (626) 564-9797
Facsimile: (626) 564-9111
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DAVID ANDERSON, LT. COL.; NELSON L. REYNOLDS, LT. COL.; SHEILA MORRIS; PATRICK CLUNEY; ROBERT HOLLENEGG; ALLAN TREFFRY; and REECE HAMILTON, Individually and on behalf of all similarly situated,
Plaintiffs,
vs.:
CHRISTOPHER COX, an individual; MARY L. SCHAPIRO, an individual; CYNTHIA A. GLASSMAN,
an individual; PAUL S. ATKINS, an individual; ROEL C. CAMPOS, an individual; ANNETTE L. NAZARETH, an individual; TROY A. PAREDES, an individual; LUIS A. AGUILAR, an individual; ELISSE B. WALTER, an individual; KATHLEEN L. CASEY, an individual;
and DOES 1 through 10, inclusive,
Defendants. Case No.: CV10-00031-JVS (MLGx)
COMPLAINT FOR DECLARATORY JUDGMENT,
AND FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS
(JURY TRIAL DEMANDED)
COME NOW Plaintiffs DAVID ANDERSON, LT. COL.; NELSON L. REYNOLDS, LT. COL.; SHEILA MORRIS; PATRICK CLUNEY; ROBERT HOLLENEGG; ALLAN TREFFRY; and REECE HAMILTON, individually and on behalf of all others similarly situated, who, for causes of action herein allege:
INTRODUCTION:
1. This action for declaratory judgment and for damages for violations of the Plaintiffs’ civil rights under Bivens v. Six Unknown Agents of the F.B.I., 403 U.S. 388 (1971), against Commissioners of the Securities and Exchange Commission, arises out of actions and failures to act occurring over the period from January 1, 2006 to date by Defendants CHRISTOPHER COX, an individual; MARY L. SCHAPIRO, an individual; CYNTHIA A. GLASSMAN, an individual; PAUL S. ATKINS, an individual; ROEL C. CAMPOS, an individual; ANNETTE L. NAZARETH, an individual; TROY A. PAREDES, an individual; LUIS A. AGUILAR, an individual; ELISSE B. WALTER, an individual; KATHLEEN L. CASEY, an individual; and other government agents whose names are not now known to the Plaintiffs.
2. These Defendants, acting in the course and scope of their employment by the United States of America as duly authorized Commissioners of the Securities and Exchange Commission, a federal agency, through their acts and omissions knowingly, consciously, wrongly, without compensation and without due process of law have effected a taking of property from each of the named Plaintiffs and all who are similarly situated.
JURISDICTION AND VENUE:
3. This action for declaratory relief and damages is predicated on the provisions of the Constitution and Statutes of the United States, the legal and equitable jurisdiction of this Court, the principles of common law, and this Court’s concurrent and pendant jurisdiction.
4. This Court has jurisdiction over the Plaintiffs’ claims under Article III of the United States Constitution and the Fifth Amendment thereto. This Court has jurisdiction over Plaintiffs’ property rights under the foregoing citations and, in addition, pursuant to Title 28 U.S.C., Section 1331 and the case law precedent of Bivens v. Six Unknown Agents of the F.B.I., 403 U.S. 388 (1971).
5. Venue is proper in this Court under Title 28 U.S.C., Section 1391(e)(1)/(2). Defendants are all past or current Commissioners of the Securities and Exchange Commission and therefore agents of the United States Government, and a substantial part of the property, and the acts related to such property subject to Plaintiffs’ claims, occurred or was situated in this Central District of California at all times relevant.
THE PARTIES:
6. Plaintiff DAVID ANDERSON, LT. COL., U.S. Air Force pilot, resides in the State of Missouri, owns more than 280,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
7. Plaintiff NELSON L. REYNOLDS, LT. COL., U.S. Air Force pilot, resides in the State of Texas, owns more than 15,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
8. Plaintiff SHEILA MORRIS, a company owner/CEO resides in the State of North Carolina, owns
more than 400,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
9. Plaintiff PATRICK CLUNEY, a retired professional athlete resides in the State of Florida, owns more than 680,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
10. Plaintiff ROBERT HOLLENEGG resides in the State of North Carolina, owns more than 85,000,000 shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
11. Plaintiff ALLAN TREFFRY, a licensed State of California Attorney, resides in the County of Los Angeles, State of California, owns more than One Billion shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
12. Plaintiff REECE HAMILTON, a business owner/partner resides in the County of Los Angeles, State of California, owns more than One Billion shares of stock in CMKM Diamonds, Inc., and at all times relevant to the allegations set forth herein, was a citizen of the United States.
13. Defendants CHRISTOPHER COX, Chairman 2005-2009, MARY L. SCHAPIRO, Chairman 2009-2010, CYNTHIA A. GLASSMAN Commissioner 2002-2006, PAUL S. ATKINS, Commissioner 2002-2008, ROEL C. CAMPOS, Commissioner 2002-2007, ANNETTE L. NAZARETH, Commissioner 2005-2008, TROY A. PAREDES, Commissioner 2008-2010, LUIS A. AGUILAR Commissioner 2008-2010, ELISSE B. WALTER Commissioner 2008-2010 and KATHLEEN L. CASEY, Commissioner 2008-2010: are and, at all referenced times mentioned herein were, acting as individuals and as Commissioners of the Securities and Exchange Commission, an agency of the UNITED STATES OF AMERICA, and acting within the course and scope of their employment. These Defendants are the real parties in interest in the claims set forth herein.
14. Other employees and servants of the Securities and Exchange Commission are also liable for damages under the causes of action set out in this Complaint. However, the names of these employees and servants are not now known to Plaintiffs, who thereby names them herein as DOES 1 through 10. When the names of these employees and servants become known, Plaintiffs reserve the right to amend this Complaint to add the names of these DOE Defendants.
FACTUAL CONTENTIONS APPLICABLE TO ALL CAUSES OF ACTION:
15. In November and December, 2002, CYBER MARK INTERNATIONAL INC., a public company domiciled in Nevada, reverse-merged with Casavant Mineral Claims, which then held mineral claims to more than 600,000 acres within Saskatchewan, Canada, increased authorized capital from 500,000,000 to 10,000,000,000 common shares, cancelled all preferred shares, and changed its name to CASAVANT MINING KIMBERLITE INTERNATIONAL, INC. (CMKI); as of February 3, 2003, 7,241,653,404 shares were issued and outstanding.
16. During the succeeding months CMKI declared a 2 for 1 stock split and filed with the Securities and Exchange Commission: Form 15 exemption claim, July, 2003; Certificate of Amendment to Articles of Incorporation changing its name to CMKM DIAMONDS, INC. (CMKM), February 5, 2004; Certificate of Amendment to Articles of Incorporation raising its authorized capital to 500,000,000,000 common shares @ $0.001 par value, March 1, 2004; Certificate of Amendment to Articles of Incorporation correcting the par value of common shares as of December 26, 2002 to $0.0001 par value, July 13, 2004; Certificate of Amendment to Articles of Incorporation raising its authorized capital to 800,000,000,000 common shares @ $0.0001 par value, July 13, 2004.
17. During the summer and fall of 2004: New York Attorney Roger Glenn was retained by the company; the number of acres upon which CMKM held claims increased to over 1.2 Million acres; claims development activity was pursued by the company; and a shareholders appreciation party was planned to be celebrated in Las Vegas, Nevada to thank the shareholders, to give them an opportunity to meet company personnel, and to announce an agreed upon merger with another public company, U.S. CANADIAN MINERALS INC. On the eve of the party celebration, the Securities and Exchange Commission placed an order on CMKM preventing any public disclosure of anticipated mergers or other development information.
18. In early 2005, CMKM announced the addition of Robert A. Maheu to the Board of Directors who shortly thereafter became the co-chairman of the Board; CMKM announced a new “corporate strategy plan to dramatically and comprehensively transform” the company for generation of consistent, long-term growth and profitability for the shareholders; CMKM filed an amended Form 15 on February 17, 2005 reinstating the company to a public reporting status; and on March 3, 2005 was notified by the Securities and Exchange Commission of a temporary suspension of trading of the company’s stock (Pink Sheets-CMKX) based upon, inter alia, concerns over the “adequacy” of publicly available information.
19. On March 16, 2005 the Securities and Exchange Commission instituted a public administrative proceeding pursuant to Section 12 (j) of the Securities Exchange Act of 1934 against CMKM to determine whether the company was required to file periodic reports under Section 12(g) and whether CMKM failed to comply with Section 13(a), and rules there-under, by failing to so file. CMKM responded on April 11, 2005 admitting that CMKM had a duty to file public reports and alleging various grounds of mistake, malpractice and other affirmative defenses to the factual allegations.
20. From March 17, 2005 through April 29, 2005 CMKM traded publicly in the US under the trading symbol “CMKX,” a total of 551,756,751,833 shares, an average share volume of more than 17 billion shares per day, reaching a maximum on April 21, 2005 of 94,654,588,201 shares. These figures do not include foreign trades nor trades made on an ex-clearing basis such as those disclosed by Jefferies & Company , Inc. on May 6, 2005: between March 25, 2004 and September 21, 2004 Jefferies traded 111,780,681,204 shares of CMKX stock on an ex-clearing basis.
21. On May 10, 2005 the Section 12 (j) administrative proceeding was conducted in a United States Central District of California courtroom; the Administrative Law Judge, Honorable Brenda P. Murray entered her decision on July 12, 2005 finding the facts to be as alleged by the Securities and Exchange Commission. CMKM then filed a Petition for Review which was granted, and a briefing schedule set.
22. On October 20, 2005: Robert A. Maheu resigned as a member and co-chairman of the CMKM Board of Directors; Urban Casavant agreed to remain as the sole officer and Director of CMKM until the affairs of CMKM were wound up to ensure all shares and other assets of CMKM were properly distributed to its stockholders; CMKM entered into an agreement with Entourage Mining Ltd. pursuant to which CMKM assigned its 50% interest in United Carina Resources Corp. to Entourage for 15,000,000 shares of stock, sold its 36% interest in Nevada Minerals, Inc. claims to Entourage for 5,000,000 shares of stock, and made a joint agreement with 101047025 Saskatchewan Inc. and Entourage whereby certain claims were transferred and CMKM became entitled to receive 30,000,000 shares of stock; CMKM’s other agreements with United Carina Resources Corp. and Nevada Minerals Inc. were terminated.
23. On October 21, 2005 CMKM approved formation of a Task Force consisting of Robert A.
Maheu, Donald J. Stoecklein and Bill Frizzell for the purpose of assisting CMKM and Mr. Maheu, as “designated Trustee, to conduct an orderly and verifiable pro rata liquidating distribution of any Entourage Mining Ltd. shares…and any other available assets of CMKM;” the SEC Petition for Review was withdrawn by CMKM on October 21, 2005 and a Securities and Exchange Commission Order de-registering CMKM subsequently was formally entered on October 28, 2005. CMKM had 703,518,875,000 shares of common stock issued and outstanding on that date.
24. On November 4, 2005 CMKM established a web site (CMKMTaskForce.com) for the purpose, inter alia, of advising all shareholders to request physical share certificates evidencing their ownership interest in CMKM as one means of establishing that they were bona fide shareholders of the company. The company intended at that time to wind up its affairs and distribute the 50 million shares of Entourage Mining Ltd. stock and any other assets, including previously unpaid dividends, to the bona fide shareholders. The web site set forth procedures to be followed and established a means of registering all bona fide shareholder certificates prior to December 31, 2005; certificates evidencing 43,309,298,585, shares had been registered at that time.
25. A frequently asked question (FAQ) page was added to the web site on the evening of November 4, 2005 and in response to a question about the degree of naked shorting of CMKM stock, the Task Force indicated that “Credible information indicates the number of naked short shares is potentially as high as 2 Trillion shares”.
26. The Task Force issued a press release on January 19, 2006 discussing a reduction in total shares of Entourage Mining Ltd. stock to be distributed to CMKM shareholders from 50 Million shares to 45 Million shares as a result of a reduction in mining claims involved.
The Task Force also discussed issues involving difficulties obtaining physical share certificates being experienced by shareholders; accordingly the deadline date for registration of shares was extended to March 15, 2006.
The Task Force was provided a new “cert list” by First Global Stock Transfer showing certs issued “and active” on January 13, 2006; ADP Services also provided information to the Task Force. This data reflected a sample of 25,021 certificates representing 350,000,000,000 plus shares of stock and a total of more than 67,000 additional certificates to be counted.
27. On March 16, 2006 the Task Force issued a public release that “…we received a visit in our office [in Tyler, Texas] by an E-Trade rep today. This rep personally hand delivered copies of approximately 4000” certificates. Further information regarding on-going discussions with the DTCC and other brokerage houses was also provided.
28. The Task Force provided additional information on March 20, 2006, extending the time for registration of certificates to May 15, 2006, advising the shareholders that Urban Casavant and his immediate family would not participate in the share distribution, and advising that a printed notice to stock holders would be published in at least one nationally circulated United States newspaper.
29. On May 25, 2006 the Task Force received a second batch of 1,200 share certificates from AmeriTrade, having received some 1,000 share certificates a week earlier. AmeriTrade’s cover letter indicated that several hundred more certificates would be delivered within “the next few days.” The deadline for registering certificates of May 15, 2006 had not been extended, although the Task Force continued to advise shareholders that they should obtain their certificates and that the Task Force would honor any bona fide shareholder at the time of asset distribution. By late Fall, 2006, the Task Force had received and counted copies of certificates from more than 39,000 shareholders, evidencing more than 635 Billion shares.
30. Kevin West was hired pursuant to a written agreement by CMKM during the summer of 2006
to assist in winding up the affairs of the company and, more specifically, coordinating the share certificate pull. After serving nearly a year as Interim CEO, Kevin West was appointed Chairman of the Board on March 29, 2007 after which Urban Casavant stepped down as sole director, president, secretary and treasurer of CMKM Diamonds, Inc. Mr. West soon thereafter appointed Bill Frizzell as CMKM General Counsel and provided instructions for the filing of a number of lawsuits to attempt to recover moneys and other assets which had been wrongfully taken from the company.
31. 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.
32. 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.
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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
CLASS ACTION ALLEGATIONS:
40. Plaintiffs bring this action individually, and on behalf of all others similarly situated, and in the public interest.
41. Plaintiffs bring this action on behalf of a class of persons who were and are bona fide shareholders in CMKM Diamonds, Inc., a public company directly supervised by the Securities and Exchange Commission.
42. Plaintiffs are members of said class, have a claim typical of the claims of all members of said class, and will fairly and adequately represent the interests of the members of said class.
43. The members of said class are so numerous that joinder of all members is impracticable.
44. All of the class members are wholly identifiable from documents known to be in the possession of Defendants and of the Securities and Exchange Commission.
45. The claims of the members of said class present common issues of fact and law which predominate over any questions affecting only individual members of the class.
46. The defenses available to defendants to the claims of the members of the class present common issues of fact and law which predominate over any questions affecting only individual members of the class.
47. The prosecution of separate actions by the individual members of the class would create a risk of inconsistent or varying adjudications which would establish incompatible standards of conduct for defendants.
48. Adjudications with respect to individual members of said class would, as a practical matter be dispositive of the interest of other members not parties to the individual adjudications or would substantially impair or impede the right and/or ability to protect their interest.
49. Defendants have acted or refused to act on grounds generally applicable to said class thereby making appropriate final injunctive relief with respect to the class as a whole.
50. Unless ordered by this court, Defendants will continue their illegal and wrongful conduct, and repeated actions by individual class members will be required to obtain relief; and thereby the remedies available at law are inadequate.
51. For all of the above reasons, a class action is superior to other available methods for the fair and efficient adjudication of the claims alleged herein.
FIRST CAUSE OF ACTION
(FOR DECLARATORY RELIEF AGAINST ALL DEFENDANTS):
52. Plaintiffs incorporate as though fully set forth herein, all of the allegations contained in Paragraphs 1 through 39 above.
53. Plaintiffs allege that an actual controversy exists in this jurisdiction, in that it is the Plaintiffs’ contention that:
(a) The Defendants are, or in the past were, Commissioners of the SECURITIES AND EXCHANGE COMMISSION, an agency of the UNITED STATES OF AMERICA. At all relevant times herein, said Defendants were acting as individuals and in their official capacity as agents of the SECURITIES AND EXCHANGE COMMISSION.
(b) On and after January 1, 2006, the Defendants, acting alone and acting in concert with each other, and acting without just cause, did consciously, knowingly, intentionally and wrongfully cause certain acts and omissions to proceed in such manner as to hinder, delay, and ultimately prevent the distribution of moneys held for the benefit of Plaintiffs, and all similarly situated, said moneys being payable to each said person on a per share basis.
(c) The Defendants, and each of them, acted in their individual and their official capacities with deliberate or reckless disregard for the Constitutional and other rights of Plaintiffs and all similarly situated or with malicious intent and with the knowledge that their acts and omissions violated and denied the Constitutional and other rights of Plaintiffs and all similarly situated, or that their acts would cause said Plaintiffs and all similarly situated other injuries.
(d) The Defendants, and each of them, did unlawfully and wrongfully cause certain acts and omissions to proceed in such manner as to hinder, delay, and ultimately prevent the distribution of moneys held for the benefit of Plaintiffs and all similarly situated, even though the Defendants knew that said persons had a vested interest and Constitutional right to receive said moneys in a timely, unfettered and unconstrained manner.
(e) The Defendants, and each of them, knew that Plaintiffs and all similarly situated had a vested interest and Constitutional right to receive said moneys in a timely, unfettered and unconstrained manner when they committed the acts and omissions set forth above, causing each said person to be deprived of property without just compensation and without due process of law.
54. The Defendants, and each of them, contend to the contrary. Therefore, it is necessary and proper for this Court at this time to determine and declare the validity of the contentions of the parties as set forth above.
SECOND CAUSE OF ACTION
(FOR VIOLATION OF THE PLAINTIFFS’ CONSTITUTIONAL RIGHTS AGAINST DEFENDANTS COX, SHAPIRO, GLASSMAN, ATKINS, CAMPOS, NAZARETH, PAREDES,AGUILAR, WALTER, and CASEY):
55. Plaintiffs incorporate as though fully set forth herein all of the allegations contained in Paragraphs 1 through 51, above.
56. Defendants, by committing the above-mentioned acts and omissions, violated and denied the Plaintiffs’ Constitutional rights, and those of all similarly situated, 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.
57. Defendants, and each of them, acted and failed to act with the intent to deny the Constitutional rights of Plaintiffs and of all those similarly situated, or with the intentional or callous disregard or deliberate indifference to those rights. The above described acts of the Defendants, all charged with securities law enforcement as Commissioners of the Securities and Exchange Commission, in violation of the Constitutional rights of Plaintiffs and of all those similarly situated, were not intended to be exempt from liability.
58. As a result of the Defendants’ acts, Plaintiffs and all those similarly situated have suffered injuries and property loss in excess of 3.87 Trillion Dollars in an exact amount to be determined at the time of Trial. Because Defendants’ actions were intentional or done with callous disregard or deliberate indifference to the Constitutional and other rights of all Plaintiffs, this Court should award punitive damages against each individually named Defendant.
WHEREFORE, Plaintiffs seek judgment as follows:
1. For a declaratory judgment, pursuant to Title 28 U.S.C., Sections 2201 and 2202, which determines and declares the validity of the contentions of the parties set forth in Paragraphs 52 to 54, above;
2. For a judgment for compensatory, general and special damages in the amounts prayed for in the Second Cause of action set forth above;
3. For a judgment for punitive damages in an amount sufficient to punish and to make examples of these Defendants, and to deter these Defendants and others from engaging in similar conduct;
4. For an award of reasonable attorney’s fees, expenses and costs of suit incurred herein; and:
5. For such other and further relief as this Court deems just and proper.
Dated: January 10, 2010.
HODGES AND ASSOCIATE
By: [Signed]
A. CLIFTON HODGES
Attorneys for Plaintiffs
DEMAND FOR JURY TRIAL
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