CMKX - CMKM Diamonds Inc. *** SEC... Where In The World Is Urban Casavant...??

FINAL JUDGMENT OF PERMANENT INJUNCTION AND
OTHER RELIEF AGAINST DEFENDANT URBAN CASAVANT

Case 2:08-cv-00437-LRH-RJJ Document 129 Filed 09/03/2009
http://www.sec.gov/divisions/enforce/claims/casavantjudgment090209.pdf

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that...

Casavant is liable for disgorgement of $31,500,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $2,689,433.62, and a civil penalty in the amount of $31,500,000 pursuant to Section 20(d) of the Securities Act, 15 U.S.C. Section 77t(d), and Section 21(d)(3) of the Exchange Act, 15 U.S.C. 78u(d)(3).

Casavant shall satisfy this obligation by paying $65,689,433.62 within ten business days to the Clerk of this Court, together with a cover letter identifying Casavant as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment.

Casavant shall simultaneously transmit photocopies of such payment and letter to the Commission's counsel in this action. By making this payment, Casavant relinquishes all legal and equitable right, title, and interest in such funds, and no part of the funds shall be returned to Casavant. Casavant shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.

The Clerk shall deposit the funds into an interest bearing account with the Court Registry Investment System ("CRIS") or any other type of interest bearing account that is utilized by the Court.

These funds, together with any interest and income earned thereon (collectively, the "Fund"), shall be held in the interest bearing account until further order of the Court. In accordance with 28 U.S.C. § 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk is directed, without further order of this Court, to deduct from the income earned on the money in the Fund a fee equal to ten percent of the income earned on the Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States.

The Commission may by motion propose a plan to distribute the Fund subject to the Court's approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes Oxley Act of2002.

SEC INFORMATION FOR CMKM DIAMONDS INVESTORS

SEC Obtains Summary Judgment Against Four Defendants in CMKM Diamonds Case

http://www.sec.gov/divisions/enforce/claims/cmkmopinion062309.htm

INFORMATION FOR CMKM DIAMONDS INVESTORS
CIVIL ACTION AGAINST CMKM DIAMONDS, INC.
URBAN CASAVANT, et al.

RECENT DEVELOPMENTS
On June 23, 2009, the federal district court in the District of Nevada granted the SEC’s motion for summary judgment against defendants John Edwards, Daryl Anderson, and Kathleen and Anthony Tomasso.

The court ordered:

Edwards to pay $28,583,288.98 in disgorgement and prejudgment interest and a civil penalty of $26,400,000;
Anderson to pay $2,490,211.04 in disgorgement and prejudgment interest and a civil penalty of $2,300,000; and
The Tomassos to pay $702,131.22 in disgorgement and prejudgment interest and a civil penalty of $648,500.
The court ordered the defendants to pay these amounts to the Clerk of the Court for the District of Nevada within ten business days. Any amounts paid to the Clerk will be deposited into an interest-bearing account with the Court Registry Investment System.

In cases where the SEC obtains a judgment to recover money from the defendants, and the defendants do not comply with the judgment by paying the money, the SEC will seek to enforce the judgment.

It is not yet known how much money, if any, will be recovered in this case. If the assets ultimately collected are sufficient for a practical and economically feasible distribution of funds to investors, the SEC may by motion to the court propose a plan to distribute the funds. No funds can be distributed to investors unless and until the court approves a distribution plan.

Order Granting SEC’s Motion for Summary Judgment Against Defendants John Edwards, Daryl Anderson, and Kathleen and Anthony Tomasso (June 23, 2009)
http://www.sec.gov/divisions/enforce/claims/cmkmopinion062409.pdf

BACKGROUND
On April 7, 2008, the SEC filed a civil injunctive action against CMKM Diamonds, Inc., its former Chairman and CEO, Urban Casavant, and 12 other defendants involved in the alleged illegal issuance and sale of unregistered stock of CMKM Diamonds, Inc., purportedly a diamond and gold mining company located in Las Vegas, Nevada. The SEC charged all of the defendants with violating the registration provisions of the federal securities laws. In addition, the Commission charged CMKM and Casavant with violating the antifraud and various reporting, record keeping, and internal controls provisions.

Litigation Release No. 20519: Securities and Exchange Commission v. CMKM Diamonds, Inc., et. al, United States District Court for the District of Nevada, Civil Action No. 08- CV 0437 (April 7, 2008)
http://www.sec.gov/litigation/litreleases/2008/lr20519.htm

Complaint
http://www.sec.gov/litigation/complaints/2008/comp20519.pdf

SELECTED COURT ORDERS

Final Judgment of Permanent Injunction Against Defendant CMKM Diamonds, Inc. (April 21, 2008)
http://www.sec.gov/divisions/enforce/claims/cmkmfinaljudgment.pdf

On April 21, 2008, the court entered a final judgment against CMKM Diamonds, Inc. enjoining it from future violations of the federal securities laws.

Order Granting SEC’s Motion for Summary Judgment Against Defendants John Edwards, Daryl Anderson, and Kathleen and Anthony Tomasso (June 23, 2009)
http://www.sec.gov/divisions/enforce/claims/cmkmopinion062409.pdf

OTHER SEC ACTIONS CONCERNING CMKM DIAMONDS

Litigation Release No. 20855: Securities and Exchange Commission v. Marco Glisson, Civil Action No. 2:09-cv-00104 (D. Nevada) (January 15, 2009)
http://www.sec.gov/litigation/litreleases/2009/lr20855.htm

Complaint
http://www.sec.gov/litigation/complaints/2009/comp20855.pdf

In the Matter of Daryl Anderson, Admin. Proc. File No. 3-13156 (September 2, 2008) (Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Notice of Hearing)
http://www.sec.gov/litigation/admin/2008/34-58449-o.pdf

Securities Exchange Act Release No. 58958 (November 14, 2008) (Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Securities Exchange Act of 1934)
http://www.sec.gov/litigation/admin/2008/34-58958.pdf

In the Matter of CMKM Diamonds, Inc, Initial Decision Release No. 291, Administrative Proceeding File No. 3-11858 (July 12, 2005)
http://www.sec.gov/litigation/aljdec/id291bpm.htm

Securities Exchange Act of 1934 Release No. 52694 (October 28, 2005) (Order Dismissing Review Proceedings and Notice of Finality)
http://www.sec.gov/litigation/aljdec/34-52694.pdf

Release No. 34-51305 (March 3, 2005) (Trading Suspension: CMKM Diamonds, Inc., aka Casavant Mining Kimberlite International, Inc.)
http://www.sec.gov/litigation/suspensions/34-51305.htm


http://www.sec.gov/divisions/enforce/claims/cmkmopinion062309.htm

--------------------------------------------------------------------------------
Home Previous Page Modified: 06/26/2009

CMKX - CMKM Diamonds Inc. - ***Shareholder Theme Song***

West Side Story - SOMETHING'S COMING

(TONY)
Could be!
Who knows?
There's something due any day;
I will know right away,
Soon as it shows.
It may come cannonballing down through the sky,
Gleam in its eye,
Bright as a rose!

Who knows?
It's only just out of reach,
Down the block, on a beach,
Under a tree.
I got a feeling there's a miracle due,
Gonna come true,
Coming to me!

Could it be? Yes, it could.
Something's coming, something good,
If I can wait!
Something's coming, I don't know what it is,
But it is
Gonna be great!

With a click, with a shock,
Phone'll jingle, door'll knock,
Open the latch!
Something's coming, don't know when, but it's soon;
Catch the moon,
One-handed catch!

Around the corner,
Or whistling down the river,
Come on, deliver
To me!
Will it be? Yes, it will.
Maybe just by holding still,
It'll be there!

Come on, something, come on in, don't be shy,
Meet a guy,
Pull up a chair!
The air is humming,
And something great is coming!
Who knows?
It's only just out of reach,
Down the block, on a beach,
Maybe tonight . . .

Music By Leonard Bernstein, Lyrics By Stephen Sondheim.

Editor's Note - Finishing the race in a very close 2nd Place was... Annie's 'Tomorrow'...!!

Annie - TOMORROW

(ANNIE)
The sun'll come out
Tomorrow
Bet your bottom dollar
That tomorrow
There'll be sun!

Just thinkin' about
Tomorrow
Clears away the cobwebs,
And the sorrow
'Til there's none!

When I'm stuck with a day
That's gray,
And lonely,
I just stick out my chin
And Grin,
And Say,
Oh!

The sun'll come out
Tomorrow
So ya gotta hang on
'Til tomorrow
Come what may
Tomorrow! Tomorrow!
I love ya Tomorrow!
You're always
A day
A way!

Music By Charles Strouse, Lyrics By Martin Charnin.