CMKX did it under the watchful eyes of the SEC and DOJ. Just go back and look at history. CMKX is now revoked and all teh officers, transfer agent, and lawyers have been arrested or have arrest warrants out on them.
The problem with the "watchful eye" theory pumped is that people assume there is a direct path from the eye to the brain to the action pad. That is not the SEC way. Remember, the SEC WATCHED the research fraud and took notes until Eliot Spitzer stepped in and took action. The SEC WATCHED the late trading/market timing fraud until Bill Galvin stepped in and started taking action.
Fraud always takes place before the watchful eye of the SEC. And somtimes we find that the SEC is sleeping with their eyes open.