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hasher

04/06/05 12:33 PM

#156711 RE: gump90 #156708

judge murray's track record indicates that you may be optimistic re whatever ruling she comes up with
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power_forward

04/06/05 12:43 PM

#156712 RE: gump90 #156708

gump,your skull is even thicker than you imagine,your scenario is laughable--there will be no "filings presented",CMKX already admitted that in their March PR,they said they cannot get the filings done by April 16--so...its then revocation time
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booyaka

04/06/05 12:49 PM

#156713 RE: gump90 #156708

"Out of court settlement between the S E C and CMKX." Are magic mushrooms in season,,LOL
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Sec 10

04/06/05 1:15 PM

#156721 RE: gump90 #156708

Gump-it's called due process. The SEC has the power to revoke share registration, but that power is subject to review by an Administrative Law Judge under Federal civil procedures.

An Administrative Hearing is narrowly focused and limited in scope. In essence the judge will hear SEC testimony that:

CMKX has shares registered under the 34 act, and is therefore required to file

CMKX has not made the required periodic filings

Under those circumstances the SEC has the statutory and regulatory authority to revoke the registration, and should do so to protect future investors.

There really is no response CMKX can make. That is why virtually all revocation actions are taken after an offer of settlement by the company agreeing to the action.

The SEC has never failed to prevail in a revocation action, and there is only one case in which a revocation was reversed after the company came into full compliance with reporting requirements.
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janice shell

04/06/05 6:10 PM

#156787 RE: gump90 #156708

There will be an Administrative Hearing in front of a judge. The S E C will be the plaintiff so to speak and CMKX will be the defendant. Now first off why is this necessary if the S E C can dictate to all the stock companies in America ? Why do they need to present their case to a judge ?

Simple. They can sue a company on their own, but if they want to revoke the company's registration, thereby shutting the company down for good, they have to apply to an administrative judge for a ruling.

Then just recently CMKX admitted this but said it was a legimate mistake.

Actually they didn't. They said it was a "mistake" that had just come to their attention. Frankly, I don't believe that.

Now they are probably going to plead that they are good boys and girls and all the filings will be on the table immediately .. if not sooner.

They very definitely aren't gonna plead that. They've already said quite clearly that they can't submit the filings in time, for a variety of reasons.