One Step Ahead

[Ignutz]

Post from DrDiamond – Reply #5 in this thread:

http://cmkxdiamond.proboards32.com/index.cgi?board=general&action=display&num=1115959468

The Short Version -

It is amazing to me that we go into the Administrative Hearing hoping that we can stop the SEC from unjustly prosecuting our company in calling for a revocation of our registration and hopefully buy some time so we can get the filings completed and turned in. Everyone was up in arms about the SEC, DTCC, NSCC, MM’s, Shorty, etc… and we were pulling together to help protect our investment and our company from unjust and/or undue manipulation and harm.

We also had a long shot opportunity to have our position on the NSS heard in the Hearing, let our voice be heard, and come out with a favorable opinion from the Judge knowing that whatever happened from the Hearing, the company was still rolling forward in developing assets and shareholder value and even a revocation wouldn’t stop that nor would it make the manipulators obligation to the NSS position go away.

The adversary negatively manipulates the Hearing experience, asserts expected damages from the results, focus’ the attention on weak points of the Hearing, creates a wall of division between the shareholders, and goes for the Jugular of our CEO and little is done to resist. I must have missed something or maybe I misread the tenacity, courage and heart of our shareholder base. This is very disappointing and in many cases shameful.

Many are saying Urban’s finished, that he and Rendal are on the outs and Ed Dhonau wants nothing to do with CMKX. I say ridiculous! If this were the case then how come they are all flying together down to Ecuador to check on the mining operations and spend
3 to 4 days together? I believe some have been trying to dupe the shareholders and lead them on a lynching campaign and I believe everyone needs to stop and take a deep breath and see what these guys (Urban, Maheu, Rendal, and Ed) are doing now that the Courtroom Phase of the Hearing has ended. There are MANY RESPECTED individuals in our midst that would love to see Urban step down from all that he has worked for and that simply isn’t going to happen because he doesn’t need to or have to. I believe anyone that knows anything about where we are going as a company isn’t expecting him to step down at all. I for one am still 110% behind Mr. Casavant, Mr. Maheu, and their efforts.

There are no hearing results only opinions? The results are not in yet because the Judge has not rendered a decision. What’s up?

(1)She wants to weigh the exhibits and info gathered from the Hearing in D.C.
(2) She is going to allow more input until 29 Jun 2005.

Additionally

(1)She doesn’t take the drastic action and “halt” the trading
(2)The SEC doesn’t push for a suspension or halt to trading
(3)The SEC meets with our attorney’s the following morning of the courtroom phase to discuss other articles of info including the NSS position
(4) No charges filed against Urban or anyone else

And this is bad?

We already knew the records wouldn’t be ready by the time of the Hearing, because Mr. Maheu had already told us that when the Form 15A was filed. He knew the 15A would bring us into a 60 day obligation to present the filings that we would be unable to satisfy and he openly stated that in a PR. Many hoped and speculated that Sarbanes Oxley was a main reason that the filings were being held up and even Mr. Frizzell stated that Sarbanes Oxley affects all companies and their filings including CMKM Diamonds.

Unfortunately, many thought or assumed that the records were complete and ready to go, that it was only the S.O. requirements that had Urban, Mr. Maheu, and Attorneys afraid to sign off on them. This was a bad assumption as the underlying truth that many tried to bring to the fore front was that the information was still trying to be collected so the reports could be compiled. I specifically remember replaying a similar scenario that happened with one of my companies in the past where we had to “recreate records”. It is extremely difficult as you have to often use very primitive means of research, rely on others [clients/employees (past and present)/suppliers/etc…], their record keeping skills, their desire to cooperate, their accessibility, receipts, contracts, etc… I’m getting a headache just thinking about it.

The Long Version -

1. The records are not complete! No news

2. Urban thought things were covered and why shouldn’t he have. Check out the conclusion of 2002 as CMKM Diamonds took over Cybermark (see below). Urban hired Desormeau, (who was never subpoenaed to testify by either side I might add) who was CFO from 2002-2004 (Also testified to by Susan Herring in the Hearing) and should have been responsible for the accounting, but evidently did next to nothing in that area. Also you will see Wesley Casasvant had some very relative involvement at this early stage which could add to the reason for Urban exercising his right to take the 5th.

http://questfordiamonds.com/news/topic77.htm

Excerpt: Dec 3, 2002 - Mr. DeSorneau, 56, is a resident of Las Vegas and a 32 year veteran of financial accounting systems. A graduate of New York University at Albany in accountancy, Mr. DeSorneau will implement over the next 45 days a customized intranet platform connecting the Company's headquarters in Las Vegas with its field operations in Saskatchewan and throughout the world.
Wesley Casavant, who was recently appointed secretary-treasurer, will coordinate the new financial accounting system with the Company's auditor to ensure seamless integration with newly enacted Securities and Exchange Commission auditing practices for public companies…
– Very Important News IMHO

3. This is the time period where the Form 15 was filed removing our reporting requirements. Why would a CFO want that to happen within the 1st year of his new job? We don’t know what was told Urban, but we do know that the Desorneau System and Wesley’s coordination must not be working and wasn’t keeping the accounting up to speed because they forfeited a very treasured position for a company – The Registration of it’s Securities! Why? Very important question, that needs to be looked at IMHO!

4. Urban’s response to this? Wesley is gone and Desormeau is gone and in comes Roger Glenn. Why? Because he is trying to cover up things he did wrong? I don’t think so! Look at late 2002 and early 2003 and you will find Urban bringing in Desormeau for the Accounting and financial coordination system and adding Wesley (Who was somewhat qualified to do this for sure) to keep the family involved. (Right or wrong, I’ve done it myself. But I wanted my family as involved as possible within their ability and skills. Never outside their skill levels!).

Until just over 100 years ago 99% of the world population thought that the world was flat, the center of the universe, and everything revolved around it. The Pope even decreed it in a Papal Bull (No pun intended). What is believed true today may be proven false tomorrow and vise versa.

5. What was Urban doing in the time preceding the Form 15 filing while this 45 day system was supposedly being set up?

(A) News> Casavant Mining Kimberlite International OTC BB CMKI
Chairman Announces Mineral Claim Acquisitions
Nov. 27, 2002 http://questfordiamonds.com/news/topic79.htm

(B) News> Casavant Mining Kimberlite International Announces Purchase
Bid for Latest Model Truck Mounted Drilling Rig with Diamond
Exploration Schedule
Dec 2, 2002 http://questfordiamonds.com/news/topic78.htm

(C) News> Casavant Mining Kimberlite International Inc. (OTCBB:CMKI)
announced today the hiring of David DeSorneau to implement a real
time financial reporting and inventory control system.
Dec. 3, 2002 http://questfordiamonds.com/news/topic77.htm

(D) News> Casavant Mining Kimberlite International Announces Letter of Intent to Acquire Diamond Mining Company (GEMM: addition mine) and Shareholder
Meeting January 15, 2003 in Las Vegas, NV
Dec. 4, 2002 http://questfordiamonds.com/news/topic76.htm

(E) News> Casavant Mining Kimberlite International Appoints Dr. Rupert A.
L. Perrin to Board of Directors
Dec. 6, 2002 http://questfordiamonds.com/news/topic75.htm

(F) News> Casavant Mining Kimberlite International to Sponsor
Representative Office in Antwerp, Belgium to Promote the
Casavant Diamond Brand and to Support Worldwide Demand for
Conflict Free Diamonds
Dec. 9, 2002 http://questfordiamonds.com/news/topic74.htm

(G) News> Casavant Mining Kimberlite International Announces
Appointment of Cindy Casavant to the Board of Directors
Dec. 13, 2002 http://questfordiamonds.com/news/topic72.htm

(H) News> Casavant Mining Kimberlite International Commences
Negotiations With Dia Bras Exploration, Inc. of Montreal to
Acquire a Private Placement and Warrants
Dec. 16, 2002 http://questfordiamonds.com/news/topic71.htm

(I) News> Casavant Mining Kimberlite International Hires Howard Bronson For Financial Public Relations
Dec. 22, 2002 http://questfordiamonds.com/news/topic68.htm

(J) News> Casavant Mining Kimberlite International Announces its Annual General Meeting (Sorry I don’t have the link – Check with GB)
Dec. 30, 2002
Casavant Mining Kimberlite International (OTCBB:CMKI) will be holding its annual general meeting Wednesday, January 15, 2003 at the Sunset Station 1301 W Sunset Rd., Henderson, Nevada, beginning at 10:30 AM for the election of directors and matters pertaining to acquisitions in addition to other business.

(K) News> Casavant Mining Kimberlite International Announces a new Hot Line for Investor Information
Dec. 31, 2002 http://questfordiamonds.com/news/topic65.htm

(L) News> Casavant Mining Kimberlite International in Negotiations to
Acquire Zinc Mining Claims as Part of Dividend Spin-Off with Pink
Sheet Company
Jan. 6, 2003 http://questfordiamonds.com/news/topic63.htm

(Note: Majority Shareholder Meeting Announced and expectations are high going into it, but the next PR shows a problem was discovered. Naked Short Selling has been identified and they are trying to figure out what to do. IMHO)

(M) News> Casavant Mining Kimberlite International Inc. (OTCBB:CMKI) announced today a series of corporate initiatives in advance of the January 15, 2003 majority shareholder meeting to be held in Las Vegas, NV.
Jan. 7, 2003 http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Jan_7/ai_96198036

I will provide an overview of this one:

First, CMKI is encouraging every shareholder to hold his shares in certificate form.
Second, CMKI will be contacting the broker-dealer and market maker community to request their cooperation in the shareholder audit.
Third, CMKI has been informed that majority shareholders plan on holding their shares in certificate form indefinitely if it helps the Company combat "naked short selling".
Fourth, CMKI, as previously announced, plans on approving at its majority shareholder meeting a mandatory share and cash dividend policy.
Fifth, CMKI believes that its shareholders and the targeted company's shareholders will best benefit from a "cross-dividend" policy.
Sixth, CMKI believes that its cross-dividend policy will result in share dividends being issued in the 3Q03. The legal audit of its shareholders of record will speed up this process.
Seventh, CMKI believes that its acquisition strategy, spearheaded by the Casavant Family, will require the addition of a seasoned management team.

(N) Casavant Mining Kimberlite International Inc. (OTCBB:CMKI) announced today that effective on the opening of the markets on Wednesday, January 29, 2003 that it's new trading symbol will be "CMKM".
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Jan_27/ai_96931474
Jan. 28, 2003

(O) Casavant Mining Kimberlite International, Inc. (OTCBB:CMKM) announced today that it had filed a Schedule 14C with the Securities and Exchange Commission.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_3/ai_97184605
Feb. 3, 2003

(P) Casavant Mining Kimberlite International Inc. (OTCBB:CMKM) announced today that its time shared lease agreement of an ancient Chinese jade collection was appraised by experts and a random sampling of the overall collection was authenticated by Elizabeth Childs-Johnson.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_7/ai_97318609
Feb. 6, 2003

(Q) Casavant Mining Kimberlite International (OBB.CMKM) is pleased to announce it has commenced negotiations to reorganize its business, in conjunction with another Bulletin Board publicly trading company.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_14/ai_97608437
Feb. 14, 2003

(R) Casavant Mining Kimberlite International, Las Vegas, (OTC BB: CMKM) is pleased to announce that it is entering into discussions tomorrow in Las Vegas with representatives from Fugro Airbourne Services to plan for a systematic comprehensive aerial survey and analysis of the Fort a La Corne, Saskatchewan Diamond Claims.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_18/ai_97779682
Feb. 18, 2003
Exploration

(S) Casavant Mining Kimberlite International, Las Vegas, (OTC BB:CMKM) is pleased to announce that at 9 a.m. today the company signed a Canadian $956,540 (approximately U.S. $630,000) contract with Fugro Airbourne Services, Ottawa, Canada, to fly fixed-wing electromagnetic surveys from a Casa 212 aircraft utilizing GEOTEM, over the first 700,000 acres of diamond claims surrounding the De Beers diamond mine at Fort a La Corne, in Saskatchewan, Canada. Contract preparation will start immediately.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_20/ai_97893323
Feb. 20, 2003

(T) -- FUGRO AIRBOURNE SURVEY
Until just over 100 years ago 99% of the world population thought that the world was flat, the center of the universe, and everything revolved around it. The Pope even decreed it in a Papal Bull (No pun intended). What is believed true today may be proven false tomorrow and vise versa.

The Fugro Airbourne Survey is moving ahead with Fugro's GEOTEM. This is new proven technology used successfully in Alberta which will be utilized in Saskatchewan for the first time by us. Results will be announced daily starting this coming week as we begin to survey the 700,000 acres of immediately adjacent to the De Beers Claims, of approximately 1.9 million acres, including options in total. This expenditure of $ 956,540 Canadian, along with a small amount of expenditure on drilling will keep the claims current.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_24/ai_98002954
Feb. 24, 2003

(U) Dr. Mark Hutchinson, Consulting Geologist for Casavant Mining Kimberlite International (OTCBB:CMKM) was interviewed on 21 February, 2003 by Tom Allinder of HotStockChat.com.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_Feb_25/ai_98036193
Feb. 25, 2003

(V) Casavant Mining Kimberlite International, Las Vegas (OTCBB: CMKM), has reached an agreement to the terms of an acquisition for the Snowden Kimberlite Pipe with Anglo Minerals Ltd. Claim S-133707 (Section 5, Twp 52, Rge 18, W2). This claim is one of many targeted by Casavant Mining, and Claim S-133707 is currently surrounded by Commando/Buckshot Holdings which recently was acquired by Casavant Mining Kimberlite International.
March 5, 2003 http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_March_5/ai_98373658

(W) Casavant Mining Kimberlite International, Las Vegas, (OTCBB:CMKM) is pleased to announce that: The Board of Directors of CMKM announced today the approval of a plan to spin-out Casavant International Mining Corporation, a wholly owned subsidiary of CMKM which owns zinc depositories. CMKM shall issue 1 preferred share for every 10,000 shares of CMKM for the purposes of completing the spin-out. The transaction will be completed, pending shareholder approval and SEC registration requirements.
http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_March_10/ai_98548413
March 10, 2003

(X) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_March_31/ai_99620555
SEC FILING
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
Commission File Number 000-30551
NOTIFICATION OF LATE FILING

(Y) March 31, 2003
Casavant Mining Kimberlite International (OTCBB: CMKM) management today announced that it has terminated negotiations with Juina Mining for the proposed acquisition. It is in the best interest of the company to focus all of the operational and financial resources on the Fort a la Corne claims in Canada at the present time. In the future, if both companies have a mutual interest, negotiations may resume.

(Z) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_April_1/ai_99463232
April 1, 2003
The board of directors of Juina Mining Corp. (OTC Pink Sheets: GEMM), announced today they have halted all negotiations, and null and voided all agreements, with Casavant Mining Kimberlite International (OTCBB: CMKM). The decision was reached by mutual consent of all parties, and was deemed to be in the best interests of the company, and as well stated in a most recent press release by Casavant Mining Kimberlite International.

(AA) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_April_1/ai_99471709
April 1, 2003
Casavant Mining Kimberlite International, Las Vegas (OTCBB: CMKM) management today announced that it has terminated negotiations with Dia Bras Exploration Inc.

(BB) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_April_7/ai_99735835

April 7, 2003
Casavant Mining Kimberlite International, Las Vegas (OTCBB:CMKM), management today announced that it has cancelled the acquisition of the ancient Chinese jade collection as previously stated in CMKM's 14c, which stated on Dec. 30, 2002, the company acquired $50 million dollars worth of ancient Chinese jade for 500 million shares of common stocks of the corporation. The cancellation was reached by mutual agreement by both parties.

(CC) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_April_17/ai_100189778
April 17, 2003
Casavant Mining Kimberlite International (OTCBB:CMKM) on April 14, 2003 held a Board of Directors Meeting at 1489 Warm Springs in Las Vegas, Nevada and is pleased to announce the appointment of Corey Klassen as Executive Vice President.

(DD) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_April_21/ai_100402143
April 21, 2003
Casavant Mining Kimberlite International, Las Vegas (OTCBB:CMKM), management is pleased to announce that an exploration program aimed at identifying kimberlite targets on CMKM's mineral claims at Fort a la Corne, Saskatchewan has now been established.

(EE) MAY – JUNE 2003 No PR’s

(FF) July 17, 2003 SEC FILING
United States
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 15
CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934.
Commission File Number 000-30551
Casavant Mining Kimberlite International, Inc.
(Exact name of registrant as specified in its charter)

(GG) http://www.findarticles.com/p/articles/mi_m0EIN/is_2003_July_23/ai_105730755
July 23, 2003
Urban Casavant is pleased to announce that Casavant Mining Kimberlite International (OTC: CMKM) has approved a drilling permit application for the Fort a La Corne claims.
The approval of the drilling permit application by the board is a major step forward for the company.

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I believe you get the idea that Urban Casavant was not sitting back playing tiddly winks in the months preceding the decision to file the Form 15. One of the only reasons at this point to file the Form 15, IMHO is if the boys in the Office (DeSorneau and Wesley Casavant) are not keeping up with the records of the work that Urban has been doing as you can clearly see above. I believe the Desorneau 45 day wonder program had difficulties and problems being implemented and the CFO (DeSorneau) didn’t put forth the effort to build the ledgers, reports, and collect pertinent data the old fashioned way. JMHO

This was a team effort and Urban was building shareholder value and exploring the assets potential and bringing in a team for management. I believe that the unveiling of the subsequent breakdown in the DeSorneau System and the implementation of Sarbanes Oxley had most all of out new additions to the Board heading for the door. JMHO. It appears they all ran, but Urban Casavant! Does that make him bad? No way. I say thank you Urban, or we wouldn’t have had a chance at this opportunity that is in our midst right now.

Urban has spent a lot of time and money trying to get this done! I believe if you follow the PR’s you’ll see the whole story especially the Form 14C. Phoenix Gold has information that he has gathered that ties in the Form 14C and hopefully someone has a link to it or he will post it soon. I have checked out the info and it is very accurate. Very interesting as well.

I believe Urban was following the advice of the professionals he had hired to do a job and I believe they were possibly trying to do a job on him, like many apparently still seem to be trying to do today. A great question PhnxGold asks is who benefits if Urban defaults or folds? The answers are there!

Until just over 100 years ago 99% of the world population thought that the world was flat, the center of the universe, and everything revolved around it. The Pope even decreed it in a Papal Bull (No pun intended). What is believed true today may be proven false tomorrow and vise versa.

The above is just my opinion and I ask that you treat them as such.

Go Urban and Maheu.

By the way. If Ed, Rendal and Urban were having such terrible relationship issues and the hearing went so bad, why are they traveling to Ecuador together for 3 or 4 days. Doesn't sound like anyone is trying to distance themselves from the other one in this tight knit group. Think about it. JMHO

Thank you and success is at hand.

Dr. Diamond