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Friday, 04/01/2005 7:10:47 PM

Friday, April 01, 2005 7:10:47 PM

Post# of 45567
Supporting the CMKX Shareholder’s Legal TEAM… (by Sterling)

The first thing we all need to do is to simply respect each other and stop bad mouthing one another because their thoughts are different from yours. Please understand that it is ok to agree to disagree. Don’t turn on one another because of such closed mindedness. Just respect the fact that we all might share different views. Who’s to say who’s right or wrong? It’s easy to second guess something after the fact, but none of us know what really should be done before the fact. None of us know what will happen during the hearing before the fact so who knows what we “need” or “don’t need” for full CMKX representation. Please keep these thoughts in mind as you read the rest of this post as I try to build these thoughts to a climax summarizing some key thoughts.

At the upcoming CMKX hearing there will be legal representation to support the best interest of the SEC. Also, there at the hearing will be legal representation to support the best interest of CMKX as the company “first” and the shareholders “second” for their interests. Bill Frizzel will be coordinating with a TEAM of securities lawyers from the Washington D.C. area so that CMKX shareholders will have legal representation to support the best interest of the shareholders. Please understand we have no choice in the matter. Now understand that if this was a Class Action Law Suit against CMKX, I would have no parts in supporting this. This legal TEAM is there possibly present facts of concern to consider from a CMKX shareholder perspective to support CMKX and not hurt them. Keep in mind that they have shares in CMKX too.

Just like the “pay it forward” situation that transpired in the past, I did not create this situation and I am only trying to help to make sure it’s focused in the positive direction that I believe it will be heading. At least I will have a “say so” in the matter if I do participate. So please don’t think that this is something I created. My role is just like each and every one of you. Although not my idea, I do think that it is very imperative that we should support it.

I fully support the involvement for the reasons I understand. Well some might ask… why? Well, if I had a choice then “MAYBE” I would state as I have in the past “NO” when people mentioned to me about putting together legal TEAMS because I had previously felt that they might just get in the way. Well, none of us have a choice in the matter this time for stopping this so now let’s see how we could channel this to be positive for the CMKX shareholders “first” and the company “first.” You see, this legal representation can treat the company and shareholders as one when in the hearing, but the company has to treat us separate because of the SEC disclosure rules.

Again, know that this is something that is not up for discussion. The gentlemen that are involved are doing this with or without us. You either agree and participate or don’t agree and don’t participate, PERIOD. The ball is already too far in motion. So know that our vote of approval doesn’t matter in that sense. I choose to participate. I view this as an opportunity for us shareholders to be “proactive” and not “reactive” in a positive sense. I see that there is a chance that if I choose to be “reactive,” then I might not like the outcome. I like trying to control my own destiny instead of having others control it for me.

CMKX legal TEAM will be there for the best interest of the company “first” and the shareholders “second” for support. I don’t see anything wrong with having a TEAM of legal representation at this and any other future hearings, if need be, that will be there representing “first” the best interests of the shareholders. This is one reason for the $25 cost. I’ll talk about this little fee a little later.

As shareholders, we don’t know how long this could last. This one hearing could lead to multiple hearings leading into months. Yea, I know many of us have been spec-o-lating about a buyout for over a year now along with many other logical theories for those who are just now getting that fever. Heck, I still have it. Still, I think it’s an option to consider adding these theories to the list of possible resolutions, but you need to still maintain a certain level of reality to consider the good, the bad, and the ugly. In doing so, you have to consider that this TEAM of legal experts might can do more help than harm given the future unknown outcome of CMKX.

I view this TEAM of legal experts representing us CMKX shareholders as an insurance policy. We will have them “just in case of” something presents itself to where we could use them. Take for example your car insurance. You really hope you never have to use it, but you have it because you want protection of something you value. In this example, the thing of value being insured is the car. You have car insurance “just in case of” you get into a car accident you will be protected and covered. I value my CMKX position the same way as we do our car. I value my CMKX position enough that I don’t mind having a type of insurance for it knowing that the risk has increased that could result in me losing it. For those opposing this, you got to ask yourself… What if you are wrong in your thoughts for not having this fear? (I’ve already asked myself about my thoughts too.)

So now let’s talk about this $25 fee. If I had to go and hire a lawyer myself, I would be paying a whole lot more than a one time $25 fee. Heck, I spend more than $25 for the commissions on two bad trades that I might make in a day with my brokerage company (LOL)! Besides, I don’t question how my brokerage company is making millions of dollars on the thousands of people from the brokerage fees being paid. I know what the market is amongst comparing to other brokerage companies for paying those fees so I am just appreciative of the price for the service I am requesting and just simply pay it. I don’t question the millions of dollars the brokerage companies are making, get mad, and say that I am not going to ever trade again because of all of the money they are making from the thousands of people with brokerage accounts! Just see this as “opportunity cost” versus “opportunity lost” if you could not trade if you did not pay the fees.

Another way of looking at this is to imagine yourself leaving your house today on your way to war. Before leaving, you pick up one of your two “Beretta 9 Mil” guns because you think you are only going to need the use of only one of them. Now imagine right in the middle of that war you run out of bullets and/or your gun jams to not operate as you had originally anticipated. The time to wish that you would have had your extra Berretta 9 Mil is “not” when you are standing face to face with adversity.

This is why we must hope for the best, but plan for the worst. People don’t plan to fail, they fail to plan! This does not mean that I don’t believe in Urban and his legal TEAM. I think that I believe in CMKX, Urban, and his legal TEAM more any of you. This means that I think that it’s fair to think that things might not happen as positive as many of us think or things would not have ever have gotten to the point we are at today. This is a fact that we must not ignore.

Understand that CMKX will not be the ones controlling the discussion at the hearing. Any type of effort to discuss the valuation, the naked short, or any other thing that could be a plus for the judge to hear would be countered by the prosecuting lawyer by simply stating something like… “Please just answer the question with a yes or no! Thank you!” These guys are fierce and you won’t get a word in edgewise except for how they professionally guide you to answer questions in their favor. These guys are pros in making you look bad in front of everyone. Heck, they will have you saying “you did” when you and everyone else, to include the judge, would know “you didn’t.”

With our position there from our legal representatives, we could now be as aggressive as we like in stating our case as to why CMKX should not only be suspended or revoked. There are certain things that the company would not be able to address no matter how bad it wants to. I see this TEAM representing us CMKX shareholders being able to discuss nearly whatever we desire. CMKX will have to be humble in their delivery for their responses as the direction of the conversations will not be in their control at all. Paying $25.00 to do so is awesome to me for how I see they can help us CMKX shareholders. They are CMKX shareholders too so I think that they would have a vested interest for shareholders to be heard and represented legally to better the situation. This applies to both the CMKX and the shareholders TEAM of legal experts.

To me, the naked short situation is our only lines of defense that we can use to have the SEC exonerate CMKX from its charges. This will be only if opportunity knocks to give us a chance to answer. Let me explain the power behind this. The only leg we as shareholders will have to stand on will be to attack from a proven NSS position. This can be easily done in my opinion if we cooperate. If you value your position in CMKX, then you should consider contributing in my opinion.

Understand that it is not a guarantee that the legal TEAM to represent shareholders will be heard. They will have to file a motion to be heard that has to be accepted by the judge. If rejected, then the legal TEAM will file an “Amicus Curai” briefing to be granted which should at least get their foot in the door to be heard by the judge. Amicus Curai is Latin which means a friend of the court. I am confident that one way or another, the shareholders’ legal TEAM will be at least heard.

Here’s the first question I’m guessing that our legal representation would bring forth to the judge if given a chance to be heard: How could the SEC enforce suspending or revoking the registration of CMKX for breaking some SEC rules when the SEC did not enforce appropriate actions to be taken against the Market Makers, Brokerage Companies, and DTC for breaking the rules to victimize CMKX through illegal naked shorting; rule 10a-2, 10a-1, REG Sho, etc.? Are they, the SEC, not there for the protection of shareholders? The judge will either know what they would be referring to or ask them to further explain their claim for proof.

Then if it was I talking to the judge, I would say… “Your honor, clearly you can see that if your reason and decisions made within this hearing is to help the shareholders as is the job of the SEC and other Federal regulatory market authorities, then clearly you must see that it is an even more grave injustice that have placed CMKX shareholders and the company as victims to illegal naked shorting practices to deliver far more dangers to the CMKX shareholders than the charges at hand that are being brought out against CMKX.”

Then I would say… “What is happening here is like stopping a man to punish him from accidentally taking one coin from the bank because he thought it was his that was lost on one hand while on the other hand you supporting another group to exit the bank with the unmarked bags of money. You would not know the level of injustice executed unless they both are brought out to your attention to compare and contrast. You heard how what transpired with the coin, now let me tell you what is going on with the unmarked bags of money.”

This is when I think I would then show how there is a naked short position in CMKX that could be in the amount of over 2.1 trillion shares. If proven, the judge would have to no doubt take under consideration the facts if they are first created and then delivered properly.

Let me show all of you here why I think we can create these naked short facts. Many of you know Dan as the primary Admin in Paltalk. He assisted in putting together the CMKX Shareholder’s Association. They can account for 1,100 shareholders representing over 63,000,000,000 shares of CMKX.

Let’s do some speculative math with a twist of stats for just in case reasoning while keeping the same ratio of increase. Personally, I think we have over 1,100 shareholders of CMKX so let’s think that we have 10 times the amount of participation since we know that there are more than 1,100 CMKX shareholders. This means that this would equate to 11,000 CMKX shareholders representing 630,000,000,000 shares. I still believe that we have more than 11,000 shareholders of CMKX.

So, let’s now double that number to see what numbers we have. That would equate to 22,000 shareholders representing 1,260,000,000,000 shares. Yes, that is thus far 1.26 Trillion shares accounted for by us CMKX shareholders. Let’s continue because I think we even have more than 22,000 CMKX shareholders so let’s double that number to reach another understanding.

This would equate to 44,000 CMKX shareholders representing 2,520,000,000,000 shares. That’s 2.52 Trillions shares. So far, that would be an over 2.1 Trillion naked short position from subtracting that 407 Billion number of CMKX share inventory to trade held in CEDE & Co. (DTC) as was filed with the SEC by CMKX in a for 8-K. It was last confirmed that we have over 72,000 CMKX shareholders so imagine how much higher those number for CMKX shares could theoretically go. Then I would tell the judge that if they want to further verify these numbers officially, get a NOBO listing from the DTC and they can confirm every single share that have transacted through the DTC to compare and contrast the exact numbers for you because we are not representing all of CMKX shareholders.

Then after proving the naked short position, I would ask one more thing to the judge: “Why did the SEC allow CMKX to continue trading if they are now going to suspend or revoke their registration indefinitely? Do you know how many people bought shares because of the SEC allowing CMKX to resume trading? If you were going to revoke the registration of CMKX to cease them from trading, that was the time to do it. It is very easy to take such as a subliminal hint that… all is well.”

There are few other questions I would hit the judge up with, but I hope you see my point. This is not the time when we need to be allowing our egos to get involved. I see all of your points good and bad and I even agree with them, but this is a ball that has already been put in motion to roll and we cannot stop it. Again, I did not create it, but now that this ball is moving, I want to be a part of it to make sure it doesn’t hurt the shareholders and the company. My thoughts and ideas can’t be heard if I don’t contribute.

Urban and CMKX did not ask for our help, but who knows? This might be the only time we have as shareholders to “capture the moment” to position ourselves just in case there is anything that we can do to help. It has been confirmed by the CMKX TEAM of lawyers, the Stocklein Group, that we will not be getting in their way and they and Urban are supportive.

I was told by some that what is happening here is the same thing that PCBM/SCRI had tried to do in obtaining a lawyer and trying to establish a share count to confirm a naked short position. The major difference is that this CMKX situation is presenting an opportunity for us to “capture the moment” because of us having a hearing where we have an opportunity for shareholders to be heard. The previous PCBM/SCRI did not present such or their outcome could have been different for them. Who knows???

Some are recommending that we wait to see what comes out as the verdict. By then it will be too late if the company could have really used our help. The hearing was put together not for us shareholders, but we have an opportunity to be heard by the ones whose judgment matters for the outcome of CMKX. We won’t have the opportunity to re-create a hearing to be heard after the fact.

I will recommend that Bill Frizzel come in Paltalk to personally and immediately answer any concerns anyone might have directly. The $25 is to help defray some of the legal costs depending on how long this last. He is bounded the Texas State Law Bar Code 104 to charge fairly their clients. He stated to me that he will disseminate anything over and above the posted legal fees back to those who contributed on a pro rata basis. Me answering questions for him would be just that as the answers would hold more merit coming directly from him.

Now if a major deal is announced, then all of this would be for not. However, what if there is no major deal to be announced? Well, since I can’t tell you “what is” I can’t tell you “what is not” for any major transactions for being fact or rumor. This goes for all of us until anything is PR-ed and/or filed with the SEC.

Whatever you decide to do, please do not allow this to tear us CMKX shareholders apart. You simply agree to disagree. Time will tell who was right or wrong in their thoughts. It doesn’t matter if you like an apple better than an orange as long as you like fruit.

There is one thing for sure, if you do nothing, then you should know what to expect… nothing. Even doing something might not matter, but at least as a worse case scenario, I would like to know that during battle when the company needed me the most for support, I was there.

As far as this being part of a big CMKX plan to get revoked I don’t think so. This is one time I think we should remain conservative in our thinking and let the dust clear. There is not anything that they can’t do that they must get their registration to trade revoked in order to do. If there is anything out there and someone knows of this, please call me or post your “facts” to support this. If you wait until CMKX gets revoked, then it will be too late for us to deliver the blow that we could now to address any naked short problem that would be noticeable and considered.

Bill Frizzel has already spoken to the Stocklein Group and they have no issues with this to support it. If he felt this would interfere with anything, he would have told Bill. He is at the liberty to state such out of protecting their client, Urban and CMKX. So none of this “he was giving a standard answer” is true. He gave an honest answer.

If it is discovered that Bill is given the opportunity from the judge to be heard to deliver the shareholders’ perspective, it would bother my conscience knowing that I allowed my ignorance and ego to block not giving him the proper weapons and ammo to go in to fight this war. I would hate knowing that we gave the shareholders’ legal representation one Beretta 9 Mil when it was later discovered that two Beretta 9 Mil guns would have significantly enhance our chances for winning since they will be attending the war anyway.

Since we don’t know if this is our last chance for survival, this gives us all the more reason why we should plan as if it is. What if we were the last group left, unexpectedly, to save the CMKX investors’ interest? No, I don’t “think” we are, but since I don’t “know” for sure, the time to find out will be sad if it is at the hearing and we have not prepared to deliver a shareholder perspective that would have been heard. We would then always go on in life asking ourselves that one question… What if?????

All is well!
http://www.sterlingsclass.com/
wink
Sterling


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