...Pinky Tha Bull Vs. The SEC...
I did a post in the past called The Birth of Pinky Tha Bull.Well now Pinky has grown up and is seeking revenge against the bullies from childhood.
From the recent press release...
" "Unfortunately management and others involved in CMKX's previous operations were not blessed with the trait of being perfectionists. Past professional guidance has left a void which prevented the Company's ability to prepare complete and accurate periodic reports.."
Theer's 2 issues in this excerpt...Mgt and "professional guidance".
In the Feb '03 DEF 14C,Mr.Coffey,our auditor/CPA resigned.
I think CMKM's defense will point this out and say that at that point,the "Mgt"....Casavant and Mr.Ian Mac antyre...tried to handle things on their own.Turned out,we weren't the best for the job.We were turning the company around in '05 by gutting the Mgt team and other events as stated in the press releases that were put out by CMKM BEFORE you even halted us for 10 days.
We believe we should be allowed to move ahead on good faith grounds.
In July '03,CMKM filed to go non-reporting on the basis of less than 300 share holders.Now if your wondering,well how could they had known this if they didn't run the company very well.
This Jan '03 excerpt... "The change of CUSIP number and new trading symbol was dictated to us."
When you change the Cusip number you do this...
2 Excerpts from Jan. 7, 2003..
"..First, CMKI is encouraging every shareholder to hold his shares in certificate form and if the shares are held in street name to make sure that he registers the shares in his own name to make sure the shareholder is properly identified in the official shareholder's audit that is being conducted by the Company and its Transfer Agent. The purpose of the audit is to make sure that every shareholder of record is identified for purposes of the CMKI's mandatory share and cash dividend policy.
" Second, CMKI will be contacting the broker-dealer and market maker community to request their cooperation in the shareholder audit. "
Now,what if not all of these guys cooperated with the company in the audit?( Rememebr the rumor that there were 3 MM's who were seriously NSS'd?) You as CMKM would maybe say...we've got our own audit and the T/A's numbers.We have less than 300 and actually,these other guys "should" too.So we'll go ahead and file to be non-reporting.
Now,CMKI did a 2-1 forward split on September 12, 2003.
But look what Urban said that caused.. " Casavant Mining Kimberlite International has received several calls from shareholders that brokers are only crediting their accounts for shares of CMKM stock that they had
in their accounts as of September 29, 2003. This is not correct. Thus many shareholders are deficient shares owed to them."
CMKI also said in Dec.02 that insiders would hold their share sin certificate form indefintely if it helps combat NSS.Around the time of this forward split,CMKI began the retirement of insiders shares to the treasury on Sept. 30th '03 and said....
" "This retirement of shares in no way effects the 2 for 1 stock split of CMKM stock for shareholders of record as of September 12, 2003,"
They are making it very clear that the deficency of stock to us,had nothing to do with them.
I think this was the jump-off point of proving the NSS.
Now looking at Frizzle and Mr.Forman.i can't see Mr.Forman just now coming on board and here's why.
Frizzle walks into his office and says...I would like to hire you to prove the largest NSS problem in history.you do NOT hav ethe cooperation of the company,you have a few weeks to prep,it's before the Chief Admin Judge and also,Robert Maheu is the Co-Chair of the company.
I'd tell Frizzle to get the helllll outta my office and be reaching for that security button under my desk because i'd be convinced there's a crazy man in my office. LOL
Also,we all know Maheu is a winner.He has never lost a court battle on any stage and this is his last hoorah.Do you really think he's going to allow a "small" time attorney to bumble his last project??
Would you ahve the balls to bascially try and muscle your way into Mahue's last play?
If Maheu didn't wan these guys here...they'd turn out to drunks caught with kiddie porn.
After all...this is Maheu's last hoorah before exiting,so what would he have to lose by applying heat to these guys??
Now,this is why imo,it's very important we let Mr.Forman know how many shares are out there.
Which by the way...maybe,maybe the $25 fee is a front way to pay other attornies that might actually be/become involved on the "Frizzle side" of this.I don't think we would want a paper trail back to CMKM as paying for the attorney that rep'd the shareholders....?
Just a thought.
But, lets say this goes to a hearing...
SEC : CMKM,were supposed to be compliant
Co. : Yes...buut
Judge: CMKM,were supposed to be compliant?
Co. : Yes your honor...buut
Judge: hammer drops,,,were not here to hear about "but"
Co. : But your honor we feel we weren't compliant
Judge: over ruled and i'll give my decision withing 120 days
Now,if Mr.Forman is in the court room,he can say...
Your honor,we the SHAREHOLDERS feel the compay is non-compliant becasue of it's share structure.
Forman would then addr all the past pr's,the dividend ratios and the fact that how can the company determing "shareholder equity" when the structure is so out of whack??
Your honor,the shareholders feel that if Mr.Casavant signs off on these forms...he's then saying there is no NSS issue within the company.
If he DOES sign these forms,then he could be sued by the shareholders for NOT executing his Fidicuary Duties to the shareholders.
At that point,she would have NO choice but to look into the NSS.
I know some are still weary of "Frizzles" intentions.
They have clearly said in the Agreement....if you wan tto Class Action CMKM,you must find a new attorney.
Your shares are not locked up and we'll be doing this IN cooperation with CMKM...proving YOUR GUYS NSS for you.
Which is what we've been dying to have addressed for almost 2 yrs now.I open pr's wonderin if i'am going to see any mention of NSS....nothing.
Which brings me to this hearing.
Imo,CMKM was back stabbed by the crooks and here's why.
It makes absolutely no sense for this NSS to be in the public.Why now?? CMKM never once mentioned it until now.
I think the SEC is trying to move fast to keep us off balanced.They cut us short 3 weeks of getting compliant,moved us to Wahsinton from Cali to the judge who HAS revoked the last 9 compamies before here.
BUT,I think they've gotten so used to dustin companies for a decade by NSS and revoking,that they've hastly moved to what they feel is their ultimate weapon...revoktion.
BUUT,they've gotten so fat from the profits,they've gotten sloppy and forgot their laws...which are now CMKM's advantage.And that is....
Motoin for Intervention.
No "pink" has ever had this filed on their behalf.
Now why do I say this about the SEC....besides the NSS can be setteled BEHIND closed doors,they've now gotten themselves over 2 barrells.
Remember....the 10 day halt and this hearing are 2 seperate issues and CMKM could have 2 lawsuits.
What if from the halt discussions...the DTCC doesn't want to release CMKM their records??..."CMKM" can sue for'em.
What if from the hearing....CMKM proves NSS WAS part of our problems??..."WE",the shareholders could sue.
CMKM has them over both barrels.
NOW,you see why it made no sense to move to this hearing?
They backstabbed us and made a huge mistake.
Ever seen that movie...The Firm with Tom Cruise?
What got that crooked law firm in the end??
Mail fraud.
They were so slick but forgot that over billing your clients and using the mail system to do it is 5 yrs for every letter.
Frizzle is imo...our stamp.
An ddo you really think they'd take this to this point without knowing if they could get into that courtroom??
And do you really think there's NOT a huuuge NSS in Pinkies life??
You never go to court and ask a question you don't know the answer to...ever
Look at this whole picture as a traffic stop from a crooked cop who dosen't like you and his aunt is the judge.
Your driving down the street,the parked car opens his door and you switch lanes without signaling....you get a ticket
You go before the judge...she askes fi you switched without signaling.
You say yes your honor....buuut,there was
Mr.X!!...just answer the question
She won't let you say what led up tot the violation.
Just like they are clearly trying to do with CMKM.
The crooked cop...SEC
The driver...CMKM
The Aunt..Chief Admin Judge
Imo,it's very important to let Mr.Foamna know how many shares are out there so he can present a preliminary number that must be pointing to a larger problem based just on xx number of holders.....strenght in numbers
And this is juuust in case we ge to a hearing and juuust in case "CMKM" gets ramrodded.
Lastly on Roger Glenn...for everyone who's bashed him answer me this....
If you prove NSS....how do you put a value on what your owed??....ok,i'll tell you your answer in another question
Why do you think he went to Canada and S.A. ?
Do you think it was to verify CMKM has what they say they do
You dumb azzes!
Gltua,
Chris
Ps~ I'am tired of NSS and hopefully this'll be moved to the side so the "company" can move ahead.NSS and "the goods" are 2 seperate issues and I plan on being here long term....so by the time that NSS damage check arrives...i'll be so freakin rich,it'll just be regular mail! LOL
Second Ps~...if I was Urban and had created this share structure problem....I would have stayed pink,non-reporting beyond my legal limit and had let the Govt dissolve the company.
Or,would have executed a massive R/S by now...after all,it's a "pink" and who would be surprised by a "pink" doing a massive R/S...nooone
I do NOT think at this point,anyone can say they have not fought for "us".
