GOOD AFTERNOON

imo the events that are about to happen will leave little, if anything, for the naysayers to dispute. imo longs will win and win big. i hope that those that have spent the last several years pushing for cmkx to fail will reconsider how they spend their lives moving forward. there is plenty of good to be done in the world. best of luck to us longs. I am only stopping by to post this here. do not bother responding as I won't be checking.

ALJ REVOKES ONE STEP AHEAD

This thread apparently has been officially revoked. No surprise that this thread is basically terminal after the naysayers attacked and metastasized once mach and the other moderators decided it wasn't worth saving. Can't see any value whatsoever left in this forum which is a shame since, at one point, there were some great people on here. Congratulations naysayers. Not sure if this is what you wanted, but you got it -- you successfully killed this thread. But hey, you had a job to do and you did it well. Kudos. I knew I would come back to make one final post once the thread was laid to rest. I'm not surprised it happened this quickly.

May 1, 2004 - June 8, 2005
One Step Ahead
R.I.P.

FAREWELL TO NAYSAYERS

I still simply fail to understand why naysayers have been here for nearly a year. I think the best analogy on this was when I commented on one poster's desire to smoke. I know it kills. The poster knows it has a high degree of risk. But that doesn't give me any reason to berate, insult, chide and denigrate that person 40 hours a week for a year because of their choice. And it certainly doesn't give me a reason to take great pleasure should they start actually suffering health-wise simply because "I told you you were making a mistake". I just will never understand the pleasure naysayers take in seeing others suffer financial loss and why they would spend so much time beating down people who are already beaten down when they themselves have no vested financial interest in the stock. If it's just for entertainment, then that's pretty twisted imo.

Anyway, to the naysayers, farewell. I hope you have a change of heart at some point. I guess some people pierce their tongue. Some people collect porcelain dolls. Some people memorize the dictionary. I guess people do strange things for strange reasons. So I guess naysayers do what they do for their own reasons. But it will never ever make sense to me and I just will never understand what the point is. So continue if you must, but aren't there better things to do with your life than waste THIS much time on longs that aren't going to change their mind anyway at this point? If a woman rejects you and makes it clear that she does not want to talk to you or have anything to do with you and yet you continue to taunt, show up, and interfere, usually that's called "stalking". I've never understood a stalking mentality and don't know why people on this board and the cmkx board feel the need to terrorize cmkx longs. But again, I guess naysayers have their reasons.

At this point, however, they can stalk each other because I am out of here permanently. Take care.

TAKE CARE AND SO LONG

Just wanted to say goodbye to this board and investors hub. I will be taking my thoughts over to proboards32 ( http://cmkxdiamond.proboards32.com/index.cgi?board=general ). I simply find no more value in this board or the cmkx board and believe more meaningful exchanges can occur over there. In the past, this board was great. Since certain posters were permitted to populate, it has gone rapidly downhill. It's a shame imo.

MY FAVORITE

My favorite part of that NSCC rule filing is that they are insulating themselves from liability for WILLFUL MISCONDUCT. LMFAO

Hi, my name is the NSCC and I'm a subsidiary of the DTC. I know that we pretty much coordinate all transactions for the entire financial markets but if we at some point intentionally try to screw everyone in the market, or even select groups of people, and we do it with malice aforethought and greedy, selfish motives that have no care or concern for the financial welfare of others, we get a "Free Get Out of Jail Card". Riiiiiiiiiiiight. Toooooooooo funny.

Are you kidding me? Limiting liability on willful misconduct? And violations of Federal Securities laws? Who's writing this crap? These guys are a MONOPOLY on the financial markets. There are no other players. And they are trying to write themselves out of liability for WILLFUL MISCONDUCT and FEDERAL SECURITIES LAWS????? Negligence and gross negligence imo are at least always debatable (and certainly always ARE debated by plaintiff attorneys) but willful misconduct? And actual violations of Federal Securities laws?

I must be missing something because it looks like the SEC basically sanctioned the DTC to continue screwing as many people as they would like with only limited liability. The DTC is a complete farce and needs to be toppled asap. Fax in your holdings to Frizzell. The police seem to be as crooked or more crooked than the crooks themselves.

ADDENDUM 4

Just a thought. The NSCC rule filing may also have limitations in terms of application to prior events of negligence and willful misconduct. For example, if I caused an accident 6 months ago and had a policy with a settlement cap of $500k but subsequently changed it to a $100k cap, anyone suing me later should fall under the terms of the policy in effect at that time. Obviously, I haven't seen the terms of this rule filing and its details but that's just something to keep in mind. The NSCC/DTC may be protecting themselves from all FUTURE fallout as a result of what may be exposed in the very near future. Your guess is as good as mine but it sure is fishy when in March the DTC comes out to ADAMANTLY deny that there are any naked shorting problems ( http://www.dtcc.com/PressRoom/2005/euromoney_letter.html ) and yet just 6 weeks later puts into effect a change in their liability for gross negligence, willful misconduct and Federal securities law violations. Talk about backpedaling!!!

ADDENDUM 3

I just realized that the sec approved that nscc item the day before our hearing. Coincidence? Oh I think not.

LMFAO

ADDENDUM 2

No, I have no comment on the legality of what the dtc/nscc is trying to do by capping their liability. I have no doubt that if it should ever come into play, it will be challenged HEAVILY. Personally, I'm hoping this doesn't come down to a court battle for damages. I don't want my money tied up in appeals for years. But we'll see. This may in fact be why things are being handled the way they are and all I can say is thank god Maheu is with us, because if anyone knows how to play a good political game to get what we need, I'm sure he does.

ADDENDUM 1

Well, here comes the next salvo from the opposition. Sort of reminds me of people trying to shelter assets prior to a bankruptcy. This couldn't be any more obvious that they are trying to protect themselves at our expense. Again, I will be VERY curious how this resolves itself. That is why I took possession of at least a decent amount of my shares in cert form. This is shaping up to be a true war.

http://www.nscc.com/impnot/notices/notice2005/a6029.pdf

MY BEST GUESS

My best guess as to what is happening.

1. Today was a big piece of information. 326B total are held in cert form.
2. Add to that 300B with the cmkxownersgroup.
3. Note the fact that nearly 50k positions are "unaccounted for" according to their NOBO/OBO list.
4. JEFF has conceded that 111B shares were transacted without being reported/recorded/whatever you want to call it.

IMO cmkx is one of the first companies to step up to the plate with a) a coordinated enough shareholder base that can assist in proving a short position, b) a company that has the money to combat this (although I still don't know where that funding is coming from), c) a company that has the expertise and management (and I mean Maheu, not UC) to combat this, and d) all of the above in a pink sheet that has actual potential through all of its FALC claims.

I think we are seeing the first signs of the company twisting the screws on the dtc and the sec to actually DO SOMETHING about this and force it into a public arena. In opposition to this imo are the hedge funds, the shorts, those individuals within cmkx that may have tried to sabotage the company and quite possibly the dtc/sec (trying to conceal a problem they know exists). Our opponents may still be hoping and holding out for the judge's opinion which could still be revocation. In the mean time, until July 15, the company and Frizzell can continue to put the screws to the opposition through various means, hopefully forcing either the DTC and SEC to turn on each other or somehow forcing a settlement on this issue. Frankly I don't have a clue how this resolves itself if it is clearly shown that a NSS exists. I can't see a cover on the open market working without bankrupting a few market makers that the market needs to function. And I can't see a settlement happening since that would basically "admit" that the sec/dtc have allowed counterfeit shares, causing a chain reaction that would shake the foundation of our market regulation. So, to be honest, I don't know how this resolves itself while getting "swept under the rug". I have always believed that NSS would eventually be resolved by the SEC slowly allowing the hedge funds to change their course. I have believed SHO was sort of a warning shot that the SEC was eventually going to HAVE to resolve this and, over time, their regulations would get more teeth. But I do not think anyone anticipated that a stock like cmkx would emerge that would potentially thrust the whole issue into the spotlight in a way that would be difficult to cover up.

Today's revelation that there are 326B held in cert form, coupled with what appears to be, based on the hearing, an indication that some insiders have not been so friendly to us (and I don't mean Urban), are key points. IMO someone (insiders and the hedge funds they either went through or the hedge funds that just jumped on the bandwagon) made a concerted effort to take cmkx down to either a) make money in the process b) take over all the land claims by driving cmkx into bankruptcy, or c) both. And I believe they are now STUCK. Their strength still rests in some very tricky internal issues that they have created for the company plus some possible assistance imo by either the SEC or DTC in refusing to give up documentation to prove this and obviously pushing forward with a case against cmkx for revocation.

IMO this is indeed the big leagues we're in. Will we win? I have no idea. This is a case of first impression so to speak. I don't think any pink sheet has ever even made it this far. So I have no idea what will be thrown at us next but I expect the fight to continue and continue hard. If there really is a multi-trillion share short out there, this is going to be one huge fireworks display, and not just for July 4th. I think we've got the proof of the NSS that we need, but now it becomes a chess game in terms of how to strategically lure in what we need to win the game. These are all just my opinions. I really don't care whether you believe them or not, nor do I care to respond to anything as inevitably the next time I check my mailbox, it will be full as it always is of naysayer blah blah that we've seen over and over.

This battle could indeed be very long and drawn out, and I don't doubt that those short would prefer it that way. I do believe they remain hopeful of a revocation. And you never do know when a Hail Mary will come through. I think if we stick to our game plan, we'll win. But nothing is ever a guarantee.

TIM71

He's a mining expert. CMKX needs someone to focus on the management needs of the company (GOD they need that). Jarvis' primary focus should be exactly what that PR detailed, and CMKX needs to continue seeking seasoned veteran management for open officer/director positions. Someone that has proven success running other mining companies. I don't believe Jarvis would be a good President unless someone can provide me with details of other companies he has run as President or CEO successfully. The only thing I've heard is that he was a senior geologist at De Beers. That's not enough to give me confidence that he would make a great President. Plus, he's going to have his hands full in the FALC region with mining details, enough that he'd be overextended to expect him to ALSO handle running the entire company.

Put Jarvis out of contention for President. It's not going to happen imo.

FOR THOSE THAT HAVE FORGOTTEN

I posted this 10 months ago and it's perhaps more relevant today than it was even back then thanks to this newsworthy letter from Jeffries. Pay attention to page 2 with the irrefutable JEFF/NITE connection. My god, though, if you listen to all the naysayers here, you'd think Jeffries was a cherubic angel with an impeccable, pristine track record that every investment firm should model themselves after. IMO nothing is further from the truth.

http://www.thestreet.com/_yahoo/markets/matthewgoldstein/10148526.html

MIGHT MAKE A GOOD SHORT

JEF

Just be sure your broker reports the transaction. LOL

TOO BAD IT'S NOT IN LOTS OF 9M. LOL

Interesting dump today on twice the average volume and no news. Who's trying to beat the crowd to the exits and why?

http://finance.yahoo.com/q?s=JEF

111B SERVED

Mysteriously 111B shares went unreported through JEFF. I think it's excellent that this has become public knowledge because, good or bad, I want to know WHO unloaded here. It could be:

1) Urban
2) An "unfriendly" insider
3) Hedge funds
4) An "unfriendly" external entity (DeBeers?)
5) NITE or another MM playing pass the hot potato
6-10) other possibilities

My point is that anyone claiming to know WHO sold those shares is either privy to some very, very sensitive information or they are spinning the hell out of this letter. But the important thing to me is that that letter is out there and forms a reasonable basis to pursue an investigation into its source. Oops, we here at Jeff JUST noticed that for 6 months 111B shares were dumped on the market, and it took us 8 months since the last trade to come forth about this. Whoops. Our bad. Sure the total trading volume on nasdaq IN ITS ENTIRETY is 2B shares per day but we just kinda missed those 111B shares. LOL Anyway, whether it proves to be Urban or NITE, either way I'd rather have INFORMATION about this. So it's a good start.

SEC didn't seem to want it in the record and my gut tells me that usually you don't try to exclude evidence that might be damning to the opposition's case. Anyway, hopefully this letter leads us to INFORMATION, however I feel it will simply swirl arond in limbo for awhile as attorneys wrangle over its relevance and what or who it could implicate. Gonna be a long summer methinks.

MY OPINION RE: OTHERS

In my very humble opinion, JayAdobe and Carquest are SMOKING CRACK. Both had a few modest predictions on news and then basically were wrong about everything after that. How quickly people forget how both assured us that all was on course and that there likely wouldn't be a hearing. Bzzzzzz. Both are either smoking some serious weed or have been planted by god knows who imo. In my fantasies, there would be a lawsuit uncovering the real identities of all bashers and of all pumpers like those two, so that this whole puzzle could be pieced together. Oh well. What a crock of horse manure that all of this has been theatrically orchestrated.

ALSO REDCAT3

I don't see any criminal case affecting us much in the sense that:

a) we're already trading in the 5 decimals anyway so sellers have probably all exited by now.
b) Urban has proven in my mind beyond a reasonable doubt that his business acumen is nonexistent.
c) We would all likely be better served if Urban stepped down and handed the reigns over to someone who wasn't pumping "Got CMKX" on racecars (in fact, my guess is that this exact point might even be a debate internally at the SEC as to whether pursuing Urban criminally would actually be a good idea because leaving him on to bungle things further might still be better for the SEC -- sad as that is).
d) hey, you never know, we might actually find out more information via that case than we will be one extension after another on our filing
e) any criminal case will take forever in our judicial system anyway, so after the initial volley, we'll only get bits and pieces here and there for awhile anyway.

REDCAT3

Since you don't have an agenda (one of the few), I'll respond.

If in fact the SEC is targeting us (which based on their aggressive actions, they are imo), I'm sure they have accumulated a minimal amount of evidence to at least make a case. Whether it's compelling or not is irrelevant. Whether Urban acted recklessly or intentionally is irrelevant. The SEC has made it very clear imo that they want to take down cmkx. I see no reason for them to stop at this point. They halted USCA. They halted CMKX. They tried to get us revoked. Urban has plead the fifth on most questions. Apparently there aren't very many financials records on a number of levels. Logic to me dictates that this is going to be plenty to move forward against Urban, and logic to me dictates that the SEC has an ax to grind with cmkx for whatever reason. It's all guesswork and it may never happen. But it just seems logical to me.

MY PREDICTION

I wrote the following last night:

"5. The SEC has asked for a meeting with Frizzell/Stoecklein. My best guess is that the SEC took their best shot but upon evaluating how the day went, perhaps figured that they did not clearly win it and that the judge would sympathetically grant cmkx the time it needed. That having been said, something might be "worked out" with cmkx for a schedule so that the issue could be withdrawn from the judge and the public decision not being necessary. Why? Perhaps because the SEC is concerned that, not having clearly won the day, a LOT of information about naked shorting will hit the judge's desk soon. Plus, the judge made it clear she'd prefer a settlement on this issue (and by settlement I mean a timeline for filing and NOT a cash settlement). So basically if this happens, we lose an opportunity in front of a seemingly objective judge to force a probe into the NSS. But we'll see what happens between the SEC and Stoecklein soon enough I guess."

I stand by it still. Apparently some deal was struck (rumor still but from several sources) to give cmkx time to file exactly as I said. SEC did not convincingly win in court and Frizzell's appearance probably was enough for the SEC to realize that Judge Murray is going to need a better reason to revoke if cmkx is there spending money and trying to get it done. So they offer up a 120 day (if that's the number) extension for several reasons:

1. Withdraw the case from Judge Murray's docket if possible.
2. Withdrawal could take away public, transparent forum of any further NSS issues.
3. Give the SEC time to coordinate criminal indictments against Urban that will assist in getting more people to sell out their shares. This is a guess on my part, but I simply cannot see why the SEC would NOT pursue this.
4. Give cmkx further time to hang themselves. Set a deadline that's tight and, as we've seen, there apparently are forces at work that are making things difficult for cmkx internally. If they can't meet the reset deadline, it gives the SEC further ammunition to go back to the Judge (maybe even a different judge is assigned?) with a "see, we were kind enough to give them more time but they STILL can't get anything done".

Let's start getting real about this people. Remember, I have called Urban a boob for a very long period of time and got reamed for it by tons of fellow shareholders. But this apparently is the reality. I'm glad we're not revoked but an extension is nothing to rejoice over. It only means we'll be in the dark for another 120 days (or whatever the time frame is if that's agreed to) without any guarantees. I'm disgusted because I still honestly feel we have been naked shorted out the wazoo but there are enough internal issues to possibly jeopardize any chance we had at cleaning shorty's clock. We'll see. My sincere hope is that Maheu lives up to his "I condition atmospheres" statement. Because right now our ozone is just about depleted.

ADDENDUM 2

Another one of my predictions was true -- jayadobe, carquest, accadacca, and all the other so-called knowledgeable ones were proven to be the complete busts I said they would be. Remember what I've said over and over, if you hear anyone on these boards say they KNOW something is happening or will happen then it is NOT going to happen. Ok, g'night (until Addendum 3 LOL).

ADDENDUM

Rendall sounds like a weasel. And that makes me wonder whether my dividends in usca or gemm were set up to do nothing or, worse yet, make the situation even more unpalatable. You can file this under the "ugly" list. Glad I sold my usca holdings (the unrestricted ones I bought on the market) awhile ago (yes, at a good-sized loss) because I don't know why usca would stay above a dime at this point.

MY OPINION REGARDING THE HEARING

Like it or lump it, here's my opinion:

The Good:

1. Judge appears to be objective. I couldn't really pick up on any comment or ruling on her part that seemed biased or out of line.
2. Sounds like we made a fairly reasonable case to the judge that a lot of time, money and energy has been spent on TRYING to get financials done but it just hasn't GOTTEN done. This is good for helping to establish that we have at least made the effort. As per the eSmart case, these are factors that I believe need to be considered and could definitely sway the judge away from revocation/suspension.
3. Sounds like Maheu and Buck were confident that we COULD get financials done in a reasonable period of time. That's very good.
4. Some interesting information surfaced regarding certain people that may have hindered our financial process, namely Edwards, Desormeau and yes, even Roger Glenn. To me this was a glimpse into some of the things that may have transpired to cause our delay on financials -- internal issues, issues among insiders, "unfriendly" people even within the cmkx camp. There's a host of possibilities here but obviously it runs pretty deep -- probably too deep to have uncovered at any great length today at the hearing. Still it tells me that there were some forces that Urban may have been battling that we are not aware of and that is good in the sense of helping us understand that this may be a bigger fight rather than just a pure coverup.
5. The NSS issue is still "on the table" in the sense that we can continue to try to get the judge to recognize it even if it did not come in at the hearing (at least not directly). Hopefully Stoecklein and Frizzell can coordinate a very attention-getting set of evidence and documentation to put this on the judge's mind more effectively.
6. Again, Maheu is on board. No matter what anyone says (and believe me, I know how wrong I obviously was about Roger Glenn), I don't think Maheu would be here if cmkx was a fraud. As for Roger, his credentials are still impressive to me but I fully admit to being very surprised that he has turned out as useless (and possibly "unfriendly") as he has.


The bad:

1. Just how much sabotaging DID certain people do to cmkx's efforts while they held sway on the inside? This is VERY disconcerting to me. Especially when we know Urban to be pretty reckless when it comes to financial management. Well no WONDER they were shorting the crap out of cmkx imo. Sounds like some people on the inside were stalling, sabotaging, and possibly informing "unfriendly" interests about how much was wrong internally. As I have always said, shorts have the best information of anyone. You can BET on it. I just hope that the damage that was done to cmkx internally in terms of any financings, paperwork, share structure, etc. was not irreparable. This is a BIG concern.
2. SEC made Urban look as mickey mouse as he really is. I've said all along that he's a boob and he is one when it comes to management issues. He could be the nicest guy in the world but he is an IDIOT when it comes to management issues imo. How he finally was able to get in touch with Maheu is beyond me but somehow he did, and that is probably our miracle in all this. Everyone should be seriously concerned with what mistakes Urban may have made over the last 11 months that are just now surfacing.
3. I fully EXPECT indictments against Urban by the SEC at some point. Whether Urban's management was simply reckless or intentionally fraudulent is probably where his defense will lie, but I can't see why the SEC won't use this to a) force more information out of Urban and b) to further harm cmkx's interests which they have shown a great interest in doing.
4. Very disappointed that the judge doesn't even UNDERSTAND naked shorting and its impact. Not surprised but certainly disappointed. I hope we can educate her quickly.
5. The SEC has asked for a meeting with Frizzell/Stoecklein. My best guess is that the SEC took their best shot but upon evaluating how the day went, perhaps figured that they did not clearly win it and that the judge would sympathetically grant cmkx the time it needed. That having been said, something might be "worked out" with cmkx for a schedule so that the issue could be withdrawn from the judge and the public decision not being necessary. Why? Perhaps because the SEC is concerned that, not having clearly won the day, a LOT of information about naked shorting will hit the judge's desk soon. Plus, the judge made it clear she'd prefer a settlement on this issue (and by settlement I mean a timeline for filing and NOT a cash settlement). So basically if this happens, we lose an opportunity in front of a seemingly objective judge to force a probe into the NSS. But we'll see what happens between the SEC and Stoecklein soon enough I guess.

The ugly:

1. I am simply in shock that we still don't know the share structure or insider holdings.
2. I am simply in shock that we still don't have any financials ready AT ALL.
3. How in the hell do we have anything CLOSE to valuation on ANYTHING when we haven't done jack on any financials. We heard NOTHING about drill results and, frankly, given Urban's piss-poor management so far, why in the world would I believe that he's handled our drilling in any meaningful way. At least his race cars are starting to win. Fat lot of good that does us.
4. We still are left to wonder why we just don't have any REAL information from the company. WHY do we have to go to a hearing just to get tidbits of information out of them? For crying out loud, what is the share structure?????
5. The auditor resigning the day before the trial without having done a damn thing, while suspicious at some level, still takes the cake for the ultimate slap in the face to shareholders who have been strung along for 11 months now expecting at least a decent status report on our filings.
6. Reset your time frames because THE WAIT CONTINUES ON ANYTHING MEANINGFUL.

My bottom line is that I expected the worst and hoped for the best. What did we get? I would rate today a C. Maybe even a C-. It certainly could have been worse. But man oh man, it was not at all pretty. We are starting from scratch on financials, our auditor resigned, Urban is working out of his home, various insiders may have sabotaged our company, Roger Glenn did nothing and no naked short was proven on the record. Not sure how anyone could interpret any of that as "progress" other than we DIDN'T get revoked today. All I can say after today is thank god Maheu is on board. He does appear to be trying to right this ship. I hope he can use his jedi powers on the weak mind of Urban to talk Urban into stepping down completely, and instead placing someone of great respect and importance into the posts of Co-Chair and President.

This is the craziest investment ever. This story is not done but many of my predictions DID come true, namely that the SEC would hit hard and that Urban's recklessness was going to be a pretty serious issue.

I would like to make one final point. As negative as the above is, I'm still not selling and still am pledged to see this to the very, very end. I still believe we have a chance (albeit a VERY difficult one) of succeeding here, so I would STRONGLY encourage everyone to do everything in their power to talk everyone they know into joining the cmkxownersgroup. I'm glad I've done my part and I am PROUD to be a part of a group of people who believe so strongly, NO MATTER HOW THIS RESOLVES ITSELF. To me, it is always admirable and commendable to believe that you are helping to fight an injustice and doing it in legal, honest and respectable means. I believe in cmkx even if today was another knockdown so to speak. I just really, really, really wish we were closer to some sort of finite resolution in all this, one way or the other. Sadly, we are not imo. Take care longs, and good night.

RESERVING JUDGMENT

I'm waiting for all the information by the end of the hearing before I make any detailed comments. I'll only say that so far, I'm pretty shocked at what's been revealed and not in a good way. The only real positive I've heard so far is that this judge appears to be open to getting at the truth here, and I hope she shall. We certainly deserve that much.

MUCH THANKS TO FRIZZELL/MARTIN

I'm sure they've already left for LA, but I wanted to give an extra shout out to thank them for their RELENTLESS efforts. Win or lose, I'm blown away at their determination. I was initially a skeptic about the whole cmkxownersgroup but I'm glad people like them had greater vision than I in seeing what such a movement could generate. I have no idea if the evidence will make it in or what impact it will have, but the effort was WELL WORTH IT no matter what. I've always been a supporter of the following philosophy: Do everything you can so that win or lose, you can only look back and say 'I did everything I could'.

Thank you Frizzell. Thank you John Martin. Your energy and efforts are appreciated by everyone!!

36 hours and counting. Go get'em CMKX!!

GUMP RE: NUMBERS GAME

The interesting thing regarding the numbers game Gump is that let's say there is a one trillion share short position. A settlement at 1 cent would only be a $10 billion settlement. I know I'd be thrilled as hell with 1 cent. And when you look at $10 billion in the context of the tobacco settlements, the mutufal fund settlement, and other types of settlements in the tens of billions, this isn't even a bad deal, ESPECIALLY given the hundreds of billions if not trillions that have imo been bilked from investors by hedge funds over the years by naked shorting. So why wouldn't they just agree to a modest settlement and sweep it under the rug? Ah, the precedent. There would be a chain reaction of lawsuits and settlements that would wipe out the financial market. Someone is protecting this chain reaction from happening imo. Someone big. Someone powerful. If there was a way to pay us off without the market knowing about it, I'm sure the SEC/DTC/hedge funds would gladly cooperate so they could go about their merry way, make the $10 billion back in about 6 months by shorting other companies down and nobody would be the wiser. But this cuts much deeper imo. To be honest, i just don't have any idea any more how this can resolve itself if a massive NSS is proven. The consequences are staggering and covering on the open market seems an impossibility. Curious times these are. One day, a single company will break this wide open. I'm hoping it's cmkx. I think we've got the best chance of anyone so far.

A PROMISE TO ALL (REVISED)

Since my original version got deleted, the nutshell is that I will no longer be responding to those with a negative agenda. If this post is deleted, I will no longer post on ihub at all and will find a different forum to post my thoughts. I will not be surprised if several naysayers respond to this and attack me as usual but their posts remain. To those that read my posts, it was pointed out to me that the naysayers may be upset that nobody is reading their posts any more. Thus, they may be goading me into responding simply because I call attention to their posts and, thus, others might read their posts. So I promise that I will no longer respond to those with negative agendas. It doesn't take long to see the effect they've had since this board has fallen into utter uselessness once Mach resigned. 90% of the board consists of negative agenda posters talking to themselves.

But hey, they should be proud. They can strut around claming to be always right when the truth is that 98% of pink sheets fail anyway, so why exactly is that an impressive record? They think they're FBI agents when they're actually nothing more than parking meter maids.

Anyway, go ahead and delete this post. If Chwdrhd or Matt delete it, it will be my very last post on ihub forever. Good night.

EASY

Frizzell would have either attended or been privy to the transcript, which would now be available to us unless the court sealed the transcript. Unless you're aware of sealed records (highly unlikely in a case of great transparency), there haven't been depositions. And if the depositions went so poorly that you would like to claim Frizzell is withholding them from us, then we would surely have seen the transcripts from the infinite wealth of naysayer forces by now.

So, any other bright thoughts? No, don't answer that. Seriously, I am going to bed now. Adios.

GOOD LORD

Are you really that ignorant? Go look at the folder your hedge fund buddies have sent you and pay attention to the filings. Good night. Why I waste ANY time responding to your trash is beyond me. Happy Mother's Day to you and your two rats.

INTERESTINGLY

I have always conceded that there are issues with cmkx. I have always conceded that Urban has made some poor decisions. I have always conceded that our filing status is a mystery to me. I have always conceded that I don't know how this hearing will turn out even though I think eSmart is a pretty good indicator. I have remained objective and admit what I don't know.

Interestingly, the naysayers have conceded ZERO for 11 months. Urban IS dumping. The judge WILL suspend or revoke. There IS no naked short. Amazing how they claim to know everything and yet very little is actually of public knowledge yet. Only one word comes to mind when, for 11 months, a certain group of people will not concede that even a single point is debatable ...

Agenda.

AMAZING BUT TRUE!!!!

Naysayers already know all the facts. They already know every interpretation of the law. They know all the precedents set from other courts/hearings. They already know how Judge Murray will approach everything. So we practically don't have to go the hearing!! Someone call Stoecklein and let him know that there are several message board posters that have basically already decided the case. What a relief!! Now I don't have to wait until Tuesday to know the results!! Jim Bishop, you ROCK!!

Amazing but true!

AMAZING BUT TRUE!!!!

Naysayers already know all the facts. They already know every interpretation of the law. They know all the precedents set from other courts/hearings. They already know how Judge Murray will approach everything. So we practically don't have to go the hearing!! Someone call Stoecklein and let him know that there are several message board posters that have basically already decided the case. What a relief!! Now I don't have to wait until Tuesday to know the results!! Jim Bishop, you ROCK!!

Amazing but true!

THE MAHEU QUESTION

Apparently the naysayers would believe that a figure as highly respected, connected and prominent as Maheu would sign up for the "cmkx scam" in January and 5 months later appear in court to help cmkx cover everything up. I can't think of anything more laughable. Do some research on Global Intelligence Network. Do some research on Maheu's CIA/FBI background. If there was even a WHIFF of a scam with cmkx, it would have taken Maheu all of 30 seconds to uncover it.

And Maheu didn't just join as a consultant. He signed on as co-chair. So unless your argument is that Maheu is senile (which he is clearly not), the big, unanswerable question is WHY would Maheu have joined a fight like this and put himself in a position of liability if there were ANYTHING illegal or questionable happening. Maheu has taken on a huge responsibility here and people like Maheu don't do that without a reason.

INTERESTING GUMP?

Do you too find it interesting that there was no deposition of cmkx's auditor, securities attorneys or Maheu? What was the SEC afraid of having on the record?

I do think it sets up a pretty obvious map of the SEC's arguments -- they will go in bull-headed that ALL ELSE is irrelevant except for the one question of whether or not cmkx filed their required reports on time. Of course, this completely ignores the precedent set in the eSmart case. Not to mention, the judge just can not ignore any statements by cmkx that explain the delay if it is not their fault.

But now that the SEC has not deposed cmkx's auditor, I guess they can only wait until the hearing to see what's said. Not a smart strategy. Not at all.

SOME ODDITIES

There are certainly some procedural oddities that have surprised me. Obviously, first I was surprised that the judge ruled on the SEC's motion in limine without even having received cmkx's response. Unless I'm missing something, that's procedural error. Even if ordered on an expedited basis, cmkx is entitled to a response. But what I really find unusual is that depositions on the witnesses have not occurred. Generally speaking, both sides are entitled to an opportunity to depose the other side's witnesses to properly understand what the witnesses' testimony will encompass and properly prepare any necessary defense. This is just basic discovery. If SEC admin hearings waive this process, that seems procedurally unjust, however, it probably would be to cmkx's advantage anyway. Basically right now the SEC has NO IDEA what our auditor, our attorney and Maheu will be saying at the hearing. It makes me wonder if the SEC just simply did not want their testimony on the record during depositions. Did the SEC agree to waive depositions with cmkx who probably would gladly have allowed that for the opportunity of surprise testimony in front of the judge? I consider this HIGHLY unusual. If I'm the SEC, HOW IN THE WORLD am I going to this hearing without first deposing cmkx's auditor, securities attorneys and Maheu. Are they REALLY going to hear their testimony for the first time at this hearing? Apparently so. I'm sure many naysayers will imply that maybe this testimony was already covered either during the usca investigation or the cmkx 10-day halt. Well, if so, that testimony would HAVE to be introduced on the exhibit list or else it could NOT be used at the hearing to contradict or pin down any testimony by that witness at the actual hearing.

So really, is the SEC this ill-prepared for most of their hearings, or is there a REASON they did not want testimony by Levine, Buck or Maheu on the record? It does make one go hmmmmmmm.

And I'll just say that maybe I'm unaware of some procedural rules that dictate why this is happening. But man, that's pretty bizarre that you don't even have the opportunity to discover what your opponent's witnesses will say. For those unfamiliar with courtrooms, there aren't too many surprises by the trial/hearing date since most witnesses have been thoroughly deposed and most exhibits thoroughly reviewed.

GUMP90

I know you and I don't see eye to eye on a lot of things, but a lot seems to be coming together to make us both happy for different reasons. Isn't this a hoot? Read my latest on the other board below. It truly IS mind-boggling.

http://investorshub.com/boards/read_msg.asp?message_id=6270505

JOHNNY2FLY RE: NUMBERS

My calculations are as follows:

Based on the assumption that the average shareholder has 2 separate accounts that show up as 2 separate entries on the 60,000 shareholder list, I arrive at some different numbers. If we assume that the 4674 shareholders probably account for around 9350 of the 60,000 on the list, that leaves 50,650 others which divided by two accounts per shareholder, yields about 25,325 other actual shareholders. If we extrapolate at 62.5M shares per shareholder according to the current numbers, we arrive at a high estimate of 1.58 Trillion shares. I'm willing to cut that number by 40% on the safe side based on overreporting and people with smaller share counts being the ones more likely to not report. That STILL puts us at 950 billion shares.

Thus, my estimate is somewhere between 950 billion and 1.58 Trillion which, coincidentally is the range that the last 2 years of trading probably adds up to. Remember that this number is EXCLUSIVE of insiders holdings. As the insider holdings increases, the leverage of short shares to actual float goes up exponentially. Thus, even if UC's holdings were only 10% of the 703 Billion, the NSS could range from 1-2x the actual float. Of course if Urban and insiders still own 90% of the 703B shares, you could theoretically end up with a NSS according to the numbers above of 1.58 Trillion on a float of 70 billion or ROUGHLY 22 TIMES THE FLOAT!!

Much remains to be seen but even a very rough, fairly conservative statistical estimate shows a large NSS. On the high side, the numbers could be staggering. Hopefully we finally get insiders' numbers at the hearing. I can't see any reason why, if that number were favorable to us, that a public hearing wouldn't be the place to FINALLY DISCLOSE THOSE NUMBERS FOR ALL TO HEAR.

Right now we have a rough 8% sampling of all shareholder's holdings. Statistically, based on an actual shareholder base of 30,000 (2 accounts per shareholder for 60,000 total), this should be an EXCELLENT indicator with a very low +/- margin of error. With that many total shareholders and this high a percentage reporting, I am very comfortable with the statistical accuracy of a 62.5M share count per shareholder. And still, even with a 40% reduction of that number, the raw figures are eye-popping.

Personally, I'm not buying the 3 to 6 trillion count others are assessing. I don't think the stock has even traded anyything NEAR that in the past 2 years. But I DO think it has traded in the 1 to 2 trillion share range. And that jibes almost perfectly with my numbers.

I don't think it's any surprise that the SEC managed to select a courtroom that seats only 40 people and is one of the few in that building without video camera capacity. Still, avoid it as they will, the TRANSCRIPT WILL BE AVAILABLE. And I'm guessing Bob Maheu knows a few folks in the media. I'm not without my sense of realism though. We still have an uphill battle in convincing this judge that we are NOT your typical pink sheet screaming "naked short, naked short, naked short". You KNOW she is going to view us that way unless we walk in and drop an A-bomb to prove otherwise. I can think of several A-bombs the company can drop, but since I'm not privy to their info, I can only guess at this point. I just hope our opening words stun the courtroom into silence.

LISTEN UP

5 minutes of inconvenience for a lifetime's opportunity. The latest from Frizzell is critical:

1. You must send in your monthly statement EVEN IF YOU ARE A MEMBER OF THE CMKXOWNERSGROUP ALREADY if you are to be counted in the number presented to the judge.

2. Their deadline is Sunday night.

3. Please send the page with only the relevant information -- your name, share count and broker.

4. Offer to do it for your friends and family if they're too lazy to do it themselves!!

There is absolutely zero excuse. Sure, there's no guarantee that we'll win, but this is VERY little trouble for a very, very large potential payout and even larger market consequences. JUST DO IT.

A SIMPLE TWO-PART QUESTION

1. Do you plan on faxing in your broker's confirmation of your cmkx shares?

[ ] Yes
[ ] No


If you answered "Yes", please proceed to 2B. If you answered "No", please proceed to 2A.

2A. I am not taking part in this movement against the defrauding of my own investment through NSS because:

[ ] I believe counterfeiting shares which is the equivalent of counterfeiting
money is an acceptable way to run financial markets
[ ] I would rather spend hours reading the posts on message boards than do
anything to help my cause
[ ] I trust the SEC is looking out for my best interests even though Reg SHO
has proven about as effective as "pulling out" is at contraception
[ ] I asked my magic 8-ball that question and it came up "No way".


2B. Don't you feel better about yourself for having at least put the effort in to address this?

[ ] Yes
[ ] Hell yes.
[ ] No, I will never rest until these criminals are behind bars.
[ ] Hell no, I will not rest until these criminals are behind bars and Jeff Gordon
finishes his victory speech from the Got CMKX nascar car with a thumbs up
and a "Thanks Urban!"

GET UP, STAND UP

To me, this isn't about the money I've lost any more. Believe me, I make enough money that my life would be in perfect harmony even in the event of a total loss in cmkx. No, this is about a much, much deeper issue imo -- cleansing the corruption of a scandal that imo runs deeper than anyone suspects. We seriously don't know how many hundreds of billions if not TRILLIONS of dollars hedge funds have taken from the American public over the last decade from naked shorting. Do a little DD on hedge funds and the extent to which they are unregulated. It's FRIGHTENING. Research the recent "Hedge Fund Relief Act" as Cramer affectionately calls it (based on the (former) uptick rule ) which basically gives hedge funds carte blanche to short the bejeezus out of stocks.

Research Anthony Elgindy. Research his possible links to terrorism, the mafia, and more. We simply do not know how deep this runs as the potential trillions reaped by hedge funds flows into an almost untouchable web of offshore accounts, anonymous individuals and unregulated foreign entities. And closer to home is whether the SEC and DTC are either too embarrassed at the mess they let happen to correct it, or are they co-conspirators in it all (take a look at those in power at the DTC and remember how powerful greed is).

Trillions. Repeat that word. Trillions. Are any of these possible "cover-ups" shocking? Is it so hard to believe that those entrusted with the duty to protect and watch over would either lapse in their judgment or, worse yet, compromise their ethics for personal gain or vice? Should I mention Watergate? Should I mention the priest sex scandal? Should I mention the dozens upon dozens of "shocking" revelations that all began somewhere with one small step forward to eventually expose all the corruption.

And so I say to you ...

In one simple five-minute act, you may be a part of history. A part of one of the most sweeping reforms ever seen in the history of the financial markets. Do you have five minutes in your life for a cause that is not only a protection of your own financial investment, but a vote to protect every individual investor from the wave of corruption that imo has been going on, is going on and will CONTINUE TO GO ON FOREVER UNTIL STOPPED. How many more trillions will be taken before the madness ends? Where is that money going? Why is our government doing NOTHING to stop it (they have flat out conceded that SHO is useless).

And here, in five minutes, a simple fax is all anyone needs to do to join this movement. That and scream from your rooftops to anyone that will listen and owns cmkx to do the same.

Kick this door in indeed. I think not only will they be shocked to see their door kicked in but I think that WE will be equally as shocked by what we find on the other side of that door!

IMO, this NSS scandal WILL be exposed, the question is whether that is in 2005 or whether the hedge funds get another 5 years, 10 years or who knows what to bilk our country out of trillions more. But that's a decision we each can make right now. And I choose to do my share towards ending it TODAY.

You have 48 hours to let your opinion on this matter be known. It may be a decision that changes your life forever. History may be in our hands. Get up and stand up for what is RIGHT and JUST and FAIR.

GOOD POSTS STONEMARK

yes, listen to janice shell who believes that O'Quinn, one of the wealthiest attorneys in the country, made all his money because he's stupid and pursued losing causes. Oh wait, she would also argue that a company whose stock has tripled should stop filing just to combat a naked short position that is helping to give them a much higher market cap. Yep, she's had some doozies, but just like accadacca, give her credit for remaining steadfast and true in her completely blind opinions. LOL Okay, this time it's 'night for real. Thanks for the good posts stonemark.