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Re: janice shell post# 306014

Tuesday, 05/11/2010 8:21:20 AM

Tuesday, May 11, 2010 8:21:20 AM

Post# of 359151
I think we’re getting a glimpse of Hodges’ evidence, in a nutshell.


Posted by bhollenegg

Gus, I provided you with the information I received at your requests, Attorney Hodges provided you what he could share at your requests, some of the plaintiffs did the same....yet you threatened us with action if it doesn't happen as scheduled. You get upset if we don't provide you information every time you check in and you get upset when we provide you information and it changes. We are all just as frustrated when there are changes that prolong the situation.




Posted by gusjarvis

FACTS

The current CMKM management repeatedly refers to the illegal NSS of CMKM's stock (which denotes fraud, punitive, and RICO damages) as FAILURES TO DELIVER (which merely denotes bookkeeping errors) which contradicts said Bivens Action and the viewpoint of Bill Frizzell BEFORE he became CMKM attorney.


Excerpt from Bill Frizzell's 4/25/05 email to Owners Group members (BEFORE he became CMKM attorney):

"The company is (and has been) concerned about possible NAKED SHORTING [emphasis added by author] of company stock. A plan for assessing the NAKED SHORT [emphasis added by author] position has been discussed. I cannot go into detail about the plan at this point. I can confirm that actions are contemplated which will identify the NAKED SHORT [emphasis added by author]position which may exist..."




Excerpt from Bill Frizzell's 9-30-05 email to Owners Group members (BEFORE he became CMKM attorney):

"...We proved a huge NAKED SHORT [emphasis added by author] position in this company a long time ago...By my estimates there are at least a trillion and a half shares that have been sold in CMKX stock. When all shares (including foreign and obo accounts) are added to the mix, the total could exceed two trillion shares."




Excerpt from Bill Frizzell's 5-31-06 letter to NASD (BEFORE he became CMKM attorney):

"The Task Force has now received certs in the name of certain brokerage companies. Our investigation reveals a potentially huge NAKED SHORT [emphasis added by author] position in at least two of the very companies that have sent us certs.










BIVENS ACTION

Paragraph #31

During the period of June 1, 2004 through October 28, 2005 a total of 2.25 Trillion “PHANTOM” [emphasis added by author] shares of CMKM Diamonds Inc., was sold into the public market through legitimate brokers, illegitimate brokers and dealers, market makers, hedge funds, ex-clearing transactions and private transactions. The sales of the majority of such shares were at all times known to the Securities and Exchange Commission, including Defendants herein.



Paragraph #32

At some date prior to June 1, 2004 the Securities and Exchange Commission in concert with the Department of Justice of the United States, together combined with Robert A. Maheu and others to utilize CMKM Diamonds, Inc. for the purpose of trapping a number of widely disbursed entities and persons who were believed to be engaged in NAKED SHORT SELLING [emphasis added by author] of CMKM Diamonds Inc. stock and cellar boxing the company..."



Paragraph #34

During the period from March 2004 through August 2006, on behalf of CMKM Diamonds, Inc. Robert A. Maheu, with assistance from others, negotiated a settlement with the illigitimate brokers, dealers, market makers, hedge funds, and other persons and entities that had engaged in NAKED SHORT SELLING [emphasis added by author] of CMKM Diamonds Inc. stock and cellar boxing the company. In exchange of a U.S. Government promise of no prosecution for such sales, the wrongdoers each promised to pay negotiated amounts to a FROZEN TRUST for disbursal at a later time. [emphasis added by author]


Of course _ all is IMO

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