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Re: None

Tuesday, 05/17/2005 10:56:31 AM

Tuesday, May 17, 2005 10:56:31 AM

Post# of 45574
MY BEST GUESS

My best guess as to what is happening.

1. Today was a big piece of information. 326B total are held in cert form.
2. Add to that 300B with the cmkxownersgroup.
3. Note the fact that nearly 50k positions are "unaccounted for" according to their NOBO/OBO list.
4. JEFF has conceded that 111B shares were transacted without being reported/recorded/whatever you want to call it.

IMO cmkx is one of the first companies to step up to the plate with a) a coordinated enough shareholder base that can assist in proving a short position, b) a company that has the money to combat this (although I still don't know where that funding is coming from), c) a company that has the expertise and management (and I mean Maheu, not UC) to combat this, and d) all of the above in a pink sheet that has actual potential through all of its FALC claims.

I think we are seeing the first signs of the company twisting the screws on the dtc and the sec to actually DO SOMETHING about this and force it into a public arena. In opposition to this imo are the hedge funds, the shorts, those individuals within cmkx that may have tried to sabotage the company and quite possibly the dtc/sec (trying to conceal a problem they know exists). Our opponents may still be hoping and holding out for the judge's opinion which could still be revocation. In the mean time, until July 15, the company and Frizzell can continue to put the screws to the opposition through various means, hopefully forcing either the DTC and SEC to turn on each other or somehow forcing a settlement on this issue. Frankly I don't have a clue how this resolves itself if it is clearly shown that a NSS exists. I can't see a cover on the open market working without bankrupting a few market makers that the market needs to function. And I can't see a settlement happening since that would basically "admit" that the sec/dtc have allowed counterfeit shares, causing a chain reaction that would shake the foundation of our market regulation. So, to be honest, I don't know how this resolves itself while getting "swept under the rug". I have always believed that NSS would eventually be resolved by the SEC slowly allowing the hedge funds to change their course. I have believed SHO was sort of a warning shot that the SEC was eventually going to HAVE to resolve this and, over time, their regulations would get more teeth. But I do not think anyone anticipated that a stock like cmkx would emerge that would potentially thrust the whole issue into the spotlight in a way that would be difficult to cover up.

Today's revelation that there are 326B held in cert form, coupled with what appears to be, based on the hearing, an indication that some insiders have not been so friendly to us (and I don't mean Urban), are key points. IMO someone (insiders and the hedge funds they either went through or the hedge funds that just jumped on the bandwagon) made a concerted effort to take cmkx down to either a) make money in the process b) take over all the land claims by driving cmkx into bankruptcy, or c) both. And I believe they are now STUCK. Their strength still rests in some very tricky internal issues that they have created for the company plus some possible assistance imo by either the SEC or DTC in refusing to give up documentation to prove this and obviously pushing forward with a case against cmkx for revocation.

IMO this is indeed the big leagues we're in. Will we win? I have no idea. This is a case of first impression so to speak. I don't think any pink sheet has ever even made it this far. So I have no idea what will be thrown at us next but I expect the fight to continue and continue hard. If there really is a multi-trillion share short out there, this is going to be one huge fireworks display, and not just for July 4th. I think we've got the proof of the NSS that we need, but now it becomes a chess game in terms of how to strategically lure in what we need to win the game. These are all just my opinions. I really don't care whether you believe them or not, nor do I care to respond to anything as inevitably the next time I check my mailbox, it will be full as it always is of naysayer blah blah that we've seen over and over.

This battle could indeed be very long and drawn out, and I don't doubt that those short would prefer it that way. I do believe they remain hopeful of a revocation. And you never do know when a Hail Mary will come through. I think if we stick to our game plan, we'll win. But nothing is ever a guarantee.

Z

As always, these are my personal opinions.

Hopefully nobody in here is investing anything but "fun" money that they can afford to gamble with.

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