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it has been proven several times on this board by FFGO longs who bought shares and those shares showed up on the daily short list.--alien42
It has also been proven several times that people cannot sell shares on this board. If there are so many market makers all with billions of shares on the bid and ask then why can't people sell their shares?
You have often posted that there are no Fail to Delivers or NSS. To say that all the FINRA short volume is BALANCED AND CLEARED doesn't jive when people cannot sell their shares when there is supposed to be so many shares available.
There should be doubt in what the 93% short volume is. There are problems in buying and selling. There are problems in reporting the trades. FINRA will not give us a straight answer.
If you have no doubt about FINRA numbers. I doubt anything that you say.
unforunately that data is misunderstood by many--alien42
Yes, I have read your and other's theories on why short volume is not short volume in FINRA data.
The problem is that the way "your" theory is laid out, you would have to go around the "right" way to do it EVERY time.
The U.S. and Canada are the only two countries that allow payment before delivery. The theory that these are one day Fail to Delivers and show up short every time on EVERY transaction.
They still don't show up on the monthly REG SHO or other reports.
Please enlighten us on how FINRA data that is short every day is a Fail to Deliver (short volume), but, never is corrected in REG SHO etc...
unfortunately those shares will be taking a total loss via revocation. --alien42
I cannot see the shareholders getting nothing for their shares. In fact, the years of short FINRA data would need to be resolved along with dividend issues etc.. There is supposed to be cash to back up the shares. Otherwise, that is theft. A total loss would be an admission of Fail to Delivers and theft.
The aggrieving parties and/or DTCC would have to "right" the theft and settle with cash.
In a bankruptcy proceeding(BK), FFGO shareholders will only get "preferred" if they have NMGL A&B's. I know WD has them, but, I would feel more comfortable if I had them in my account in the case of a BK or otherwise.
If there are other debts in FFGO then those might be settled before any dividend type payments.
Do we want management to respond? Maybe another suspension or revocation is what we need? We will have the attention of FINRA and the SEC. As long as we stay out of bankruptcy court, could further action against us be a good thing?
Perhaps, a filing suspension is a necessary step to go after the "easy" stuff first (lack of filing). The much harder task of going after year(s)? of Missing, Unreported, Fails to Deliver and other trade information may be in the works. We should be on the SEC and FINRA's radar now. Though, maybe, emailing our short volume like AlanC suggested would be a great idea!
After some reflection and some insight from friends, maybe, this suspension is an appropriate way to proceed with unraveling all the activities surrounding FFGO.
What does Lumb have to do with a settlement? A settlement would be concerning market makers, brokers, etc. and Fails To Deliver. A dividend settlement might be on the table if the company was going to be permenantly sanctioned or bankrupted. Then Lumb's "promises" of a dividend might come into play.
Thanks for the invitation, Bull Finch! SevenTenEleven, I think we are on the radar (if we weren't already) and maybe this FFGO filing suspension was a necessary first step or an "easy" "low hanging fruit" to pluck compared to unraveling years of missing, imcomplete Fails To Deliver going back to 08-09? 07,06,05,04???
I agree that eventually it may go in the shareholders favor. I just don't know who will step up and do their "job" and either file or communicate or look at short volume or sell the gold mine. Everyone has a job to do. I do my job everyday. I work hard and with integrity. I would like any one of these parties to step up and do their "job."
Insiders are just bigger "victims" and their presence hasn't been felt for quite some time.
Cert form could be a good thing. Since we can't sell (or buy right now) we might as well put it in cert form to force shorty's hand. But, the same government who has ignored shorty so far may keep overlooking and ignoring and not "force" anything.
I can't think of any leverage or card to play at this time unless I had some national television or radio airtime LOL
WHAT'S NEXT??? We should be suspending Market Makers and FINRA for not reporting and having Fails to Deliver that equal 93% for the year. Let a whole bunch of our Market Makers not trade for a while. Maybe out of the 4500 or so Market Makers a few might be clean and can do any "necessary transactions." All the rest should be suspended. FINRA suspended. What that means???
IMAGINATION has been the keyword for me for a long time. I imagined that the government is aware of the 93% short FINRA numbers and their silence (even during TomSawyer's conversation) was a sort of acknowledgement and that things were going on behind the scenes that cannot be officially disclosed yet.
That imagination is reality now. If the government had any intention of addressing FINRA numbers or illegal naked shorting, during a suspension would be a perfect time. They are going after the company and giving shorty a free pass. A suspension would be the perfect time to set the company and shorty straight.
The company FFGO has not filed in over 1 year. I don't think this is any wake up call. I don't think they care. What is next? A longer suspension?? A permanent suspension. Would that be a good or bad thing especially in light that market makers and FINRA have gotten clean passes in this so far?????
I imagine that NMGL might be trying to sell the gold mines. It takes a lot of imagination since there are no filings saying the other half of the gold mines have been purchased or any public press releases committing to FFGO shareholders. But, I imagine that maybe progress might be being made.
With the government this week, any little bit of imagination is gone. The government has no intention of doing anything about FINRA numbers, market makers or "shorty" otherwise, this suspension would be the perfect time.
This suspension is so MINOR compared to the MAJOR illegal Fail to Delivers that appear to amount to billions of dollars in FFGO alone.
The government has no intention to help us. FFGO has no intention to file. NMGL has no intention to talk to us, may have no intention towards FFGO shareholders and may be nowhere beyond 50% of the gold mine sale.
This is why people have PM'd me questioning what "side" I'm on. What side is there to take? I am almost equally frustrated with all sides. We have everywhere from outright theft and criminality to utter negligence. Who am I supposed to rally or "side" with? The government, the companies FFGO & NMGL, the Market MAkers, FINRA, SEC? Who has shown any integrity throughout this and not lied, ignored, misrepresented, overlooked??? Anyone who thinks any one of these parties have not either lied and/or ignored and/or misrepresented and/or overlooked then please bring it on.
We don't know what's next because these parties will not tell us what's going on. We can just imagine that the government is watchdogging the markets correctly. We can just imagine that FFGO is going to file and communicate one day. We can just imagine that NMGL is buying and selling a gold mine.
Imagine if just one of these parties showed an ounce of integrity and we could find out what's going on and get somewhere.
Imagine........
We need to triple the integrity of the SEC
Ridiculous doesn't begin to cut it. We overlook 92% FINRA short volume to proceed against a filing violation.
We have what appears to be illegal theft in the form of FINRA numbers and the SEC chooses a filing suspension. Really really angering and disappointing. Who can miss 92% short volume?
OFFICIAL PRESS RELEASE
Suspension of Trading
Oct 27, 2011
OTC Disclosure & News Service
Washington, D.C. -
U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 65639 / October 27, 2011
The U.S. Securities and Exchange Commission announced the temporary suspension of trading
in the securities of the following issuers, commencing at 9:30 a.m. EDT on October 27, 2011 and
terminating at 11:59 p.m. EST on November 9, 2011:
• Accesspoint Corp. (ASAP)
• Aero Performance Products, Inc. (AERP)
• Apex Resources Group, Inc. (APXR)
• Aradyme Corp. (ADYE)
• Bancroft Uranium, Inc. (BCFT)
• Fightersoft Multimedia Corp. (FTMC)
• Fortress Financial Group, Inc. (FFGO)
• Global Aircraft Solutions, Inc. (GACFQ)
The Commission temporarily suspended trading in the securities of the foregoing companies due
to a lack of current and accurate information about the companies because they have not filed
certain periodic reports with the Commission. This order was entered pursuant to Section 12(k)
of the Securities Exchange Act of 1934 (Exchange Act).
The Commission cautions brokers, dealers, shareholders and prospective purchasers that they
should carefully consider the foregoing information along with all other currently available
information and any information subsequently issued by these companies.
Brokers and dealers should be alert to the fact that, pursuant to Exchange Act Rule 15c2-11, at
the termination of the trading suspensions, no quotation may be entered relating to the securities
of the subject companies unless and until the broker or dealer has strictly complied with all of the
provisions of the rule. If any broker or dealer is uncertain as to what is required by the rule, it
should refrain from entering quotations relating to the securities of these companies that have
been subject to trading suspensions until such time as it has familiarized itself with the rule and
is certain that all of its provisions have been met. Any broker or dealer with questions regarding
the rule should contact the staff of the Securities and Exchange Commission in Washington, DC
at (202) 551-5720. If any broker or dealer enters any quotation which is in violation of the rule,
the Commission will consider the need for prompt enforcement action.
If any broker, dealer or other person has any information which may relate to this matter, they
should immediately communicate it to the Delinquent Filings Branch of the Division of
Enforcement at (202) 551-5466, or by e-mail at DelinquentFilings@sec.gov.
2 billion (2011 short #)/85 billion (authorized shares) = .023 share. If this is more than a "FFGO lack of filing suspension" then maybe we can get a settlement in this neighborhood. Again, if FINRA numbers are truly short as they say "short."
Great point about WD. It does offer some protection. I hope NMGL files soon or they will get suspended also.
Lebron23, I believe, Gold's movement was influenced by silver closing above $33/ounce, oil above $90 and the S&P growing by nearly 10% this month.
If oil runs back over $100, the S&P above 1300, silver above $40, gold will race towards $2000.
Our last 2 stimulus easily saw 25% increases in metals. I don't know how well a supposed "euro stimulus" correlates, but, it should be bullish.
We have been in a bear market rally going higher on hope. Today's euro developments may have provided that hope for a little while. We shall see. If oil starts falling then I would watch the metals on a time delay. Oil seems to be leading the commodities lately. Oil has made a 20% recovery lately while gold has been fairly flat until recently. It is now starting to rise. If oil cracks $100, watch gold rise.
I hope any FFGO settlement goes different than the UBS settlement. UBS was fined a scant 12 million. The fine money probably goes to FINRA or other government agencies. It was not a cash settlement to the shareholders that were wronged. It is a step in the right direction.
Thank you. Great answer! Today, I have some hope that even if I do not see a dividend from NMGL, I may see a settlement from FFGO and NSS. Both, would be awesome. One would be great.
While we have no written commitment from NMGL concerning FFGO shareholders and a dividend and no written commitment from government regulators, the reasoning in your post does increase the odds,to me, that something profitable will come out of FFGO.
Is there any history of a deal or settlement involving NSS before? Covering the shorts seem to be the more appropriate thing to do. A deal or settlement could be a discount to the NSS holder. How to distribute any settlement would be another story. How do you have no question that the regulators are fully aware of the situation?
Couldn't FINRA tell us there is a pending settlement without giving out any details?? Would be a worthy question if you get another chance to ask it.
That $258 million you mention is "cashless." The hope is for a "cash" buyer to come along for Lumb, FFGO and NMGL
Would a settlement result in a higher share price or would it be a sort of special cash dividend to FFGO shareholders??
"induce the purchase" is even more compelling for FFGO. People could be foolish to believe that a product will make them more beautiful or handsome or thinner etc. Believing written press releases about an upcoming dividend should not be foolish at all. It should be more "reasonable" to believe a written obiligation from a company than the extravagant advertising of a company.
The legal system does not have laws covering every possible situation or occurrence. That is what judges and juries are for. The "reasonable consumer" "laws" put it in the "ballpark" so it could be arbitrated or ruled upon.
That, surely, is one explanation for the lack of reporting. The numbers become sort of irrevelant because of an impending settlement.
It really makes you wonder why. I could speculate, but, I don't know the intention or motives of FINRA.
It is alarming. Atleast with NMGL, I have some hope that something is happening through the silence. With FINRA, I have zero hope that something is happening through the silence. FINRA has kindly taken TomSawyer's phone calls, but, as far as I know has not revealed any different information than what is already public. I don't see FINRA acting any time soon.
True, a reasonable consumer would be led to believe FFGO's claims about NMGL delivering a dividend. NMGL did "play along" by creating NMGL A&B's. Though, NMGL made no direct advertising or communication concerning delivering a dividend to FFGO shareholders.
Close call. That's why I had posted earlier at there being "even odds."
Rocket, I have noticed you are quiet. I cannot send PM, but, would love to receive PM or can send emails.
Thanks again for the great links Texan!
That's what you took away from that post. How about the questions posed or alluded to during the post.
1)what are future distributions? what triggers them exactly?
2)the scope of the agreement? A specific agreement to buying the mines. No agreement directly from NMGL to FFGO shareholders.
2A)Yes or No. Do we have any written agreement directly from NMGL saying that FFGO shareholders will get a cash dividend from NMGL?? You probably don't have the desire to answer yes or no.
3)the only thing stopping FFGO (western) from giving us dividends based upon $258 million and 85 billion authorized shares is cash. they have no cash.
4)if NMGL had paid cash, instead of NMGL A&B's (share swap), then FFGO could distribute the cash dividend. No dividend is a result of not having cash. NMGL has no cash so they have to buy (share swap) the entire mine or be a middleman for a cash buyer who will buy all the pieces. If NMGL had any cash we would not need a A-H list and 100% ownership and a cash buyer etc. Since, there is no surplus for FFGO or FFGO shareholders there is no confusion or conflict to "changing value" of the dividend. We have face value for the NMGL A&B's. The story about not being "able" to distribute a dividend because the entire purchase price is not known is a lie and doesn't apply. Our piece of the puzzle was done on 12/10. We have a static face value for the NMGL A&B's.
4a)Yes or no. The thing that prevents us from getting a cash dividend is that FFGO and NMGL have no cash. It is not the reasoning given in FAQ's etc.
5)annual non-cumulative dividend. what is the start date? what is the pay date, the 365th day, not days 1-364 (as the filing shows as equal to the liquidation date for redemption after on 1/11/11)???
5a)redeemed for cash any date after 1/11/11. If we get an equal payment for redemption after 1/11/11 does that really lead one to believe that on ONE day every year (call it day 365 or the "start date") we receive "interest" on an instrument or dividend we don't have in our possession to DOUBLE our investment every ONE day each year??
5b)what about days 1-364?? is that an equal payment to the liquidation preference? It is only on day 365 that we get the dividend preference??
5c)on this ONE day do we get a dividend preference??? If so, we have no way of knowing where or if we will get it.
5d)annual non-cumulative dividend. Does the non-cumulative part refer to days 1-364?? Does it refer to 1 single annual payment?? Does that mean that 2 or 3 or 4 years later we can expect 4 more payments on day 365 of each year??
I am against shorty as much or more than anyone here. Shorty will not willingly surrender. The only way to force a surrender is to find weakness or collusion in the government or the company. Use the weakness to force the government or the company to act against shorty or to move on the dividend.
There has been some effort to make governmental bodies aware of the situation at FFGO.
The fact that NMGL has made no written commitment to FFGO shareholders to distribute a dividend is the biggest problem I believe there is concerning this dividend. They only have a written agreement pursuant to purchasing the mines. No more. There is no guarantee that NMGL will pay FFGO shareholders a dividend.
Let's ignore all the questions concerning the company and focus on the condition of shorty. What is there to know. Shorty only will have a certain amount of cash in his/her accounts. If the short is what is speculated here then he/she is far past bankrupt. Who cares if he/she buys more? Shorty is in the past so to speak. There is nothing more to gain.
Whether we get a dividend or not matters. Whether NMGL is committed to pay FFGO shareholders a dividend matters. Owning 100% of the mines matters. Filing, communicating, answering questions, NMGL committing to a dividend--that is how we move forward.
We don't have definitive answers to company questions. Questioning the company seems to be so taboo to many of you. The company stands in the way of me getting a dividend more than shorty's NSS or the government's collusion and inaction. So, ignoring the company, makes no sense to me.
So, I am sure I will be deluded with links with little answers or critical thinking especially from our loyal company fans. I do appreciate the effort to an extraordinary dividend "out of the blue," but, it seems to be half-hearted or no effort by some parties though.
FFGO - ITEM 1.01 ENTRY MATERIAL AGREEMENT
"On August 12, 2010 the Company’s wholly owned subsidiary Western Diversified Mining Resources, Inc. (“Western”) entered into an agreement with North American Gold & Minerals Fund (“North American”) pursuant to which North American agreed to acquire Western’s 23.22% shareholding in Bouse Gold Inc. (“Bouse Gold”) and Western’s 46.84% shareholding in South Copperstone Inc. (“South Copperstone”) for North American preferred stock valued at US$258,073,107, or US $0.003449 per share of the Company’s issued and outstanding common stock. The North American Series A Preferred Stock that will be issued under the Agreement has liquidation and dividend preferences that apply to future distributions from Bouse Gold, Inc.; the Series B Preferred Stock has liquidation and dividend preferences that apply to future distributions from South Copperstone, Inc.. The valuation of US$258,073,107 is based on the liquidation preference of the preferred stock, which is US$16.00 per share for the Series A Preferred Stock and US$2.20 per share for the Series B Preferred Stock. The annual non-cumulative dividend preference for both Series A and Series B Preferred Stock is 3% of the respective liquidation preference. Both the Series A and Series B Preferred Stock may be redeemed by the North American Gold & Minerals Fund at any time after January 1, 2011 at a cash redemption price equal to the liquidation preference."
NMGL made an agreement with FFGO pursuant to the mines, not necessarily, FFGO shareholders wanting a dividend. FFGO the company will receive (and have received) NMGL A&B's. FFGO shareholders may not receive (and have NOT received) NMGL A&B's. This non-cumulative dividend preference obviously did not kick in until Aug 12,2011?? or January 1,2012?? On January 1,2011 you could only receive a redemption price equal to the liquidation preference. Any day before Aug 12 or January 1 and you get nothing. So, EARNING a "dividend preference" is a one-day one-time event? Being non-cumulative is that discounting 364 of 365 days??
Really, this is an exercise in futility. We are not FFGO. We do not have NMGL A&B's like FFGO does. There was only an agreement with FFGO not FFGO shareholders. We may or may not eventually get NMGL A&B's. Since I don't have NMGL A&B's and I have no written agreement or contract or press release... I lean towards not getting NMGL A&B's.
yes, as if everyday we didn't get the dividend we were earning interest instead.
Now back to the biggest problem. NMGL has made no commitment or intent or communication regarding FFGO shareholder's dividend from NMGL. They may or may not grant FFGO's written wishes through FFGO's press releases and website FAQ's. Without written agreement from NMGL guaranteeing a dividend for FFGO shareholders, what are odds that NMGL will give us a dividend? 1 in 10? 1 in 5? 1 in 2? It is not 100%. We cannot know completely. Today, I give it even odds. I have little to base it off of. Even odds are a guess. Those are bad odds for investing. Especially something that is "cellar boxed" and nearly unsaleable. It is not like the DOW or the S&P or Gold and it will eventually "come back" to what you paid for it. NMGL may not "come back" and deliver. Worse, it may break your heart in the process. Hopefully, it will be a joyous occasion one day, instead.
Glad to be a prudend and well informed shareholder LOL
Thanks for the links.
The 3% liquidation preference is a one-time event like the dividend. It is triggered after the sale of the mines as the dividend is being distributed. It is not something that accrues annually or daily or weekly that "doubles" your money invested every year. I think you still believe that you will double your money every year. You have posted many posts to the interest "doubling" effect in the past (don't make me copy/paste). You are now just calling it a "dividend liquidation preference or something" instead of calling it interest, but, believe that each year your shares will accrue 3% of $258 million. Our money hasn't doubled since 9/10.
Arbitrary--3% and the 1/11/11 redemption date
The 3% represents preference. The preferred A&B shareholders are paid before (preferred) the common stockholders or the general company in the form of any surplus, etc... The context of the passage is a hierarchy as liquidation preference means. So, the preferred don't miss their money because of common stockholders or CEO's etc. Liquidation preference. If it was interest, there would be no mention of liquidation preference.
Some definitions on Liquidation Preference...
http://www.burningdoor.com/askthewizard/2007/04/venture_terms_liquidation_pref.html
Quote:
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What the hell does the liquidation preference section really mean?
Here's what's going on. What your investors are doing here is making sure they get paid out on a subpar exit. Let's say you raise series A 5 million at 5 pre for a 10 post and then sell the company for 8 a year later and through the magic of simple examples, you never vested any options so the series A owns 50% of the company in preferred stock and the common owns 50% of the company in common. On the 8 exit, your investors have to be able to turn around and look their investors in the eye and NOT say "we lost a million bucks but the founder made 4 million" because that would "suck" and nobody would invest in their fund again. The liquidation preference defines the order and quantity in which an exit is paid out. The investors with a "liquidation preference" get paid first AS DEFINIED IN THIS SECTION, and then others are paid out.
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I am copy/pasting jufel's post here. Liquidation preference and interest are two different things. There is no annual interest accruing. It is more of a hierarchy of payments.
If NMGL has no interest in talking to "retail investors" then why would they want to pay retail investors a huge dividend??? Because they want to honor FFGO's promise????? NMGL made no commitment to do that. That is the biggest point. No one can answer or prove that. There is nothing in writing to prove intent or liability. A commitment to buy FFGO's portion of the gold mine is not a commitment to pay FFGO shareholders a dividend.
ITEM 1.01 ENTRY MATERIAL AGREEMENT
"On August 12, 2010 the Company’s wholly owned subsidiary Western Diversified Mining Resources, Inc. (“Western”) entered into an
agreement with North American Gold & Minerals Fund (“North American”) pursuant to which North American agreed to acquire
Western’s 23.22% shareholding in Bouse Gold Inc. (“Bouse Gold”) and Western’s 46.84% shareholding in South Copperstone Inc. (“South
Copperstone”) for North American preferred stock valued at US$258,073,107, or US $0.003449 per share of the Company’s issued and
outstanding common stock. The North American Series A Preferred Stock that will be issued under the Agreement has liquidation and dividend
preferences that apply to future distributions from Bouse Gold, Inc.; the Series B Preferred Stock has liquidation and dividend preferences that
apply to future distributions from South Copperstone, Inc.. The valuation of US$258,073,107 is based on the liquidation preference of the
preferred stock, which is US$16.00 per share for the Series A Preferred Stock and US$2.20 per share for the Series B Preferred Stock. The
annual non-cumulative dividend preference for both Series A and Series B Preferred Stock is 3% of the respective liquidation preference. Both
the Series A and Series B Preferred Stock may be redeemed by the North American Gold & Minerals Fund at any time after January 1, 2011at
a cash redemption price equal to the liquidation preference."
No interest. You had been talking 3% interest awhile back. I thought these and other posts cleared it up for you. Liquidation preference. Read about the Lowenthal/Sloane filings too. No cash and we don't know the terms of the "issued notes" and "private negotiations." I had given NMGL the benefit of the doubt. Now, a year later, I just have doubt.
I could "issue notes" of undisclosed source, term (time of repayment--loan), origin, value (no mention of cash was used) and you will say I paid .0035 a share? What "notes" can I use? I have some printer paper....
That was one of my points actually. Why is it so hard to sell if it is worth so much more??? I covered some answers to that....
Did we ever see $60 million in FFGO volume or .0035 price with $60 million in volume. No cash was probably used to buy the shares in the "private" transaction. That's why its private. You or I have to pay cash. Only market makers and CEO's can sit down and "issue notes". That's the problem--no transparency...No proof cash was used. This just proves my point on my earlier post today about Ronald and NMGL having NO CASH.......