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Tuesday, 01/12/2010 2:49:33 PM

Tuesday, January 12, 2010 2:49:33 PM

Post# of 83049
Good afternoon:

Sorry I've been gone but between court, depositions and looking into this stock life has been hectic! I've logged some time trying to figure some stuff out and won't go into great detail at this point. Let me preface the following with I'm severely disappointed that Mark Dotson is not releasing information. I find that to be atrocious and very well may singlehandedly remedy our problems based on the information I've received on how to combat our specific problems.

Here is my synopsis and action plan.

1. The pps issue that we are experiencing is a direct result of the DTCC (Depository Trust Company) that is the "clearing" house for our shares issued a "chill" effectively indicating it won't be responsible, guarantee or otherwise ensure CPRK shares. www.dtcc.com.

2. The brokerages collectively own and/or use the DTCC for clearing their shares and are concerned they won't get paid on any shares that DTCC says have "failed to deliver." The brokerages are following the "chill" with their defenses against being left holding the "naked short selling" bag; as they are buying the shares (real or false) and then having to settle with everyone. One brokerage described it about CPRK as follows:

"Due to the security and/or the Transfer Agent not meeting a stipulation on Depository Trust and Clearing Corporation's (DTCC) Operational Arrangement, sometimes DTCC will no longer hold these securities in their depository or transfer the securities into another name through the Transfer Agent. They then 'chill' the security at DTCC.

This means ALL broker dealers (not just DELETED) can no longer deposit this stock at DTCC or get a physical certificate issued for this stock through DTCC. The stock becomes a physical settlement issue. DTCC will issue an aggregate certificate to broker dealers for their position in this stock.

From this point on, when a trade is executed, since it cannot clear and settle at DTCC, a fail to receive (customer buy) or a fail to deliver (customer sell) will be assigned by CNS (Continuous Net Settlement) to another broker dealer."


3. CPRK has actually been looking into it but are being frozen out by DTCC. In other words noone is calling them back.

4. If CPRK isn't told what the problem is and how to get the "chill" released then there is nothing they can do. Therefore, CPRK doesn't know if it is CPRK, the transfer agent or someone like NITE that is causing the problem resulting in the "chill" by DTCC and therefore cannot do anything about it.

5. I've looked into similar situations on this DTCC "chill" and Patrick Byrne from overstock.com fought like the devil against this and it is a pet project for him. I'm trying to get in touch with his people to figure out what they did. He has also written articles and done interviews on what occurred to his company:

(MUST WATCH THIS!) http://www.deepcapture.com/
http://www.overstock.com/Patrick-Byrne/7371/static.html
http://www.overstock.com/naked-short-selling.html
http://www.deepcapture.com/

6. I've contacted Utah Senator Robert Bennett who has taken issue with naked short selling and the problems with the DTCC. In fact, he has called out the DTCC before for its conduct/involvement in the problem. Luckily, a Utah senator which is a double point bonus!

http://www.thesanitycheck.com/BobsSanityCheckBlog/tabid/56/EntryId/254/Senator-Bennett-Covers-A-Lot-Of-Ground-On-Naked-Short-Selling.aspx

The point person with his office is John Cox. He has asked me to forward our concerns to him and he will see how they can assist us; especially as this is a company that heavily impacts central Utah's economy. I told him that I would not try and have him inundated with e-mail or cc from us and hopefully we'll respect that. Nevertheless, his e-mail address is john_cox@bennett.senate.gov. He is happy to work with us but let's not alienate him!

7. I've spoken with DTCC and they've refused to talk to me because I'm not the President of CPRK. I forwarded that information to CPRK and my understanding is they called and were stonewalled again.

My action plan is as follows:

1. Based on two premises: a) my definition of insanity is doing the same thing the same way and expecting different results. To continue being quiet = insanity; and b) the squeaky wheel gets the grease.

2. I will be e-mailing DTCC through the person that has stonewalled CPRK to-wit: Susan Geigel at sgeigel@dtcc.com and her associate at sstephens@dtcc.com.

3. I will continue calling DTCC until someone gives us an answer and here are a few phone numbers: Robin Harris (212) 855-8006 - she stonewalled me personally. General number is 1-888-382-2721 (U.S./Canada) and 1-212-855-8099 (International).

4. I will file a complaint with the SEC who should be monitoring this via the new SHO regulations at: http://sec.gov/complaint.shtml

5. I will be filing a complaint with Senator Bennett's automated complaint/request system at http://bennett.senate.gov/public/index.cfm?p=CaseworkForm

I can't help but feel that if our pressure doesn't work then drawing the political eye of a senator that already has a history of chastising you may hasten your desire to resolve an issue with a tiny company like CPRK? I think sending the e-mails to DTCC and having a cc to Senator Bennett may catch their eye as well? Nevertheless, don't flood John!

6. I will be calling CPRK's main office and/or board of directors asking for them to be more open with information to combat this problem (this shouldn't be too hard; just let Charles do his job and quit micro managing him would solve this problem). If anyone has direct access to Mark then he needs a serious lesson on how holding your cards this close to your vest results in not knowing how to hold em or how to fold em!

Finally, I noticed earlier posts about whether CPRK has hired me. Answer = no. Nevertheless, I have spoken extensively with Charles, informed him of this grassroots effort I am undertaking and I get the impression (so don't quote me) that directing your ammo at the above efforts would not only deflect it from him but should hopefully raise his little voice to a booming and resounding thunder serving all our best interests. Good luck to all and I am still praying for our company!

I am hopeful that some? many? all? of you will use the above information and start making some noise because I refuse to be "insane" and do the same thing again (be quiet) and expect different results (my value in this company to head up for a change and getting some insight from Mark).

In any case that is my opinion, my plan of action, don't rely on it and do your own due diligence. Good luck.
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