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WALLACE....your statement when you said... Quote,I love the smell of horse$hit.... Hate the smell of Bull$hit....Your right, horse$hit does smell better than bull$hiT!!!.
It's an insult to Horse's to compare there $hit to CMKX.
ALSO...I never bought GEMM USCA CMKM they came as devidens [ devidens maybe that will flush out Dwman] Man o Man did I ever get screwed.
Posts: 10729 | From: oregon | Registered: Feb 2005
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Is March 17th going to be a Good Ole Irish Lucky Day or is it going to be an Irish Wake followed by a funneral? OR maybe lucky for Urban and a funneral for us shareholders!!!
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow Posts: 4727 | From: Elk Grove ( Sacramento )CA USA | Registered: Jun 2004
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quote:Originally posted by Upside: So, what are everyones thoughts? Does CMKX resume trading later this week or is their registration pulled before trading resumes?
Dont really know if they will resume or not, Got a funny feeling whatever happens we wont even hear so much as a peep from the company.
-------------------- I work a 40 hr week for a living,sending it on down the line. Posts: 20 | Registered: Feb 2005
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quote:Originally posted by Upside: So, what are everyones thoughts? Does CMKX resume trading later this week or is their registration pulled before trading resumes?
Dont really know if they will resume or not, Got a funny feeling whatever happens we wont even hear so much as a peep from the company.
Thats not a funny feeling, its an actual feeling, but who knows with this company
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow Posts: 4727 | From: Elk Grove ( Sacramento )CA USA | Registered: Jun 2004
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quote:Originally posted by Dustoff101: WALLACE....your statement when you said... Quote,I love the smell of horse$hit.... Hate the smell of Bull$hit....Your right, horse$hit does smell better than bull$hiT!!!.
It's an insult to Horse's to compare there $hit to CMKX.
ALSO...I never bought GEMM USCA CMKM they came as devidens [ devidens maybe that will flush out Dwman] Man o Man did I ever get screwed.
Oh my goodness.... I have become much too predictable. LOL
Posts: 1005 | From: Grapevine, TX 76051 | Registered: Aug 2004
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Wallace... Like you probably were.... I was riding horses when I had to climb up on a fence to get on their back. I rode bareback and was so light I work my dad's rubber boots to anchor me on. LOL I love the smell of horses but not what they drop on the ground.
Posts: 1005 | From: Grapevine, TX 76051 | Registered: Aug 2004
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We had 1 killer quarter horse and I loved the smell of horse$hit. Ended up shooting that damn horse....kept rearing up and rolling backward in attempts to squash the rider.
Re your stocks, Dusty, I feel sorry for you. Did you never buy other stocks? Is there a way you can dump ALL of them and start all over again without losing too much? A fresh start?
LOL... Now I know why you are the way you are wallace. Horse fell on your head. LOL.... j/k
I had an old bay gelding called snip. He would rear up...turn around and head for the barn. My brother-in-law gave me a broom stick and said "whack him between the ears when he does that". I did. Never had another problem with him doing that. Heck of a job shoveling a hole big enough to bury him. LOL No, didn't injure him but it sure got his attention.
Posts: 1005 | From: Grapevine, TX 76051 | Registered: Aug 2004
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Dr. Patrick Byrne's Summary Of The Naked Shorting Problem From the Overstock Message Board - 3/13/05
Dear Colleagues,
The issue of “naked shorting” seems to be becoming a news item, and is even (perhaps) a scandal in the making: I have been called by several publications in the last week to discuss the issue, and there is word of a major exposé on a network news program to run soon. This is especially topical, given the issue of Social Security private accounts.
As is known by those who have been regular readers of this board, my involvement with the issue is that of a concerned citizen. However, I figured I would write something here so those who are interested can follow along. Some of this draws together points I have tried to make in earlier threads about “Wall Street Criminals,” but most of this is new. I have tried to explain here the Failure-to-Deliver and Naked Short issue in plain English. You auction sellers in particular will find many parallels between this issue and the issue of auction fraud, albeit it on a grander scale. In any case, I hope that those who are interested may find this a concise and useful précis on the issue.
1. Shorting Stock: This is a legal and honorable method of investing. Suppose a share of IBM stock is trading at $90, but I expect IBM to go down. I “short” it. This means that, through my broker, I borrow a share of IBM, sell it in the open market, and collect $90. Assume that IBM then drops from $90 to $50. That is as low as I think it is going to go, so I “cover” my short: I take $50 of the $90 that I collected, I buy a share out in the market, and return it (through my broker) to the person who loaned me a share in the first place. I am left with $40 profit.
2. Failure-to-Deliver (“FTD”): The American stock market runs on a “T+3” system. This means that when you sell a share of stock, you have 3 days to deliver that share. If you do not deliver within 3 days, you have, “failed to deliver,” or “FTD’ed”. Think of this like someone who posts auctions but does not deliver the goods.
3. DTCC: Depository Trust & Clearing Corporation. This is the back-office of Wall Street. Rather than have people run around with paper stock certificates, the DTCC keeps electronic records of who owns which stock at which brokerages, and settles the trading of stocks. If you “FTD” (“Fail to Deliver”), the DTCC are the folks whose books don’t match.
4. Strategic Failures to Deliver: Not all FTD’s are necessarily illegal. Someone may forget to get shares of stock out of her sock draw and deliver them to her broker within three days of a sale, yet this does not make her a criminal. Also, in the center of Wall Street there exists a job known as a “market maker,” someone who is charged with maintaining an orderly market in a stock by continuously buying and selling to create liquidity. Market makers are allowed (on a good faith basis) to buy and sell stock that does not exist, temporarily, just to keep liquidity in a stock. Again, this is expected and allowed. What is not allowed, however, is for investors to sell and fail-to-deliver purposefully: doing so (through a variety of mechanisms that I will explain below) in an attempt to manipulate the price of a stock, is a “strategic” failure-to-deliver. Some folks believe that Strategic FTD’s played a role in the 1929 meltdown. In any case, there have been regulations against it since 1933 (regulations which provide for criminal and civil penalties). The slang term for “Strategic Failure to Deliver” is, “naked shorting.”
5. The Economics of Naked Shorting: The gist of naked shorting is simply, when a hedge fund pretends to short a stock (I say, “pretends” because it is stock that it does not really own, and which it does not really borrow). It sells those made-up shares into the marketplace, and collects the money just as though it sold real shares (note that this is “counterfeiting,” more or less, though with electrons rather than paper). If it is stock in a small company, and does not trade with much liquidity, then the hedge fund can keep “selling” its made-up shares and drive the stock price down to wherever it wants it to go.
In a healthy market, the check-and-balance on shorting would simply be the number of shares that are available for short sellers to borrow and sell. Since there would only be a finite number of shares to borrow and sell, there would be only a finite amount of pressure the shorts could bring upon a stock (and it would be offset by buying pressure holding that stock up). But if naked shorting is allowed, then there is no limit on how many bogus shares hedge funds can create. Thus means they can drive a stock’s price down close to $0. At the very least, this practice destroys peoples’ savings (remember, the shorts make money by driving the stock down, whereas any stockholders lose that same amount of money as the stock price drops). Some folks believe companies have been driven out of business by this, because they cannot raise new capital once those stocks have cratered badly enough.
The key is this: if given the right to create an unlimited number of new shares, essentially out of thin air, not limited by the number of shares “in the borrow” as legal shorting requires, these hedge funds can always drive the price down and always cover for a profit. That is why it’s, “illegal.”
6. How can Naked Shorting Occur in Our Regulated Markets?
_____a. The lazy explanation: How can a hedge fund get away with selling shares it neither owns nor borrows? One theory is that the DTCC (and some brokers) look the other way for “favored” clients. “Sell 100,000 shares of XYZ for me.” “Do you have the shares?” “Oh, you know I’m good for it!” Large clients enjoy such favored relationships and, because they have deep pockets, the DTCC and the brokers assume they can trust those clients to operate like this and true things up later. This lackadaisical attitude, however, gives dishonest hedge funds opportunity to “sell” stock that does not exist, and thus create downward pricing pressure that becomes self-fulfilling: as the stock gets driven down it reaches the point that other owners lose confidence and dump their stock, and as it gains downward momentum, the naked shorts can cover their shorts and move on.
_____b. The sleazy explanation: Believe it or not, there is a more insidious explanation of how this game works. Imagine that a sleazy hedge fund chooses a small, illiquid company to attack. Often that company is in a poorly understood sector, or is a company with some accounting complexities so it will be possible to create “where there’s smoke there’s fire” skepticism about its books. Here is what happens:
__________i. The hedge fund gets that US firm listed on foreign exchanges.
__________ii. That hedge fund then “sells” shares it neither has nor borrows.
__________iii. When the DTCC calls after three days and says, “Where are those shares?” The hedge fund replies, “I borrowed them on the German exchange, they will take a few weeks to show up,” or “I am a market maker for the German Exchanges in that stock, and thus excluded from the no naked shorting rules.”
__________iv. With a nudge and a wink the DTCC says, “OK, we’ll loan you from our own reserves of that stock.” The DTCC collects a high fee from the hedge fund to do this.
__________v. The hedge fund has relationships with a few compliant reporters, who are called and told, “Do a hatchet job on Company XYZ.” They do so, perhaps in return for off-shore compensation.
__________vi. The combination of bad publicity coupled with the selling of an unlimited number of shares drives the stock down to the point either that the hedge fund covers and moves on, making a quick $20 - $50 million, or the company goes bankrupt, or simply remains a penny stock (in which case the hedge fund never has to cover its short, and hence, never pays taxes!)
7. The Regulatory Environment: After years of pressure, in 2004 the SEC promulgated Reg SHO (for “SHORT”), which directs the exchanges (NYSE, NASDAQ, etc.), to start publishing early in 2005 lists of companies whose FTD’s exceed a reasonable amount (“reasonable” = “greater than .5% of the shares in the company”). This list is called, “The Reg SHO Threshold List.” It does not list the amounts of FTD’s, just the names of companies that are experiencing them.
The way Reg SHO is supposed to work is as follows. If a company crosses beyond the threshold of a reasonable amount of FTD’s, and then stays there for 5 days without crossing back under the threshold, its name goes on the Reg SHO list. Then, after 13 more days, if it is still on the list, brokers are supposed to tell those hedge funds that are failing to deliver that they must stop failing to deliver, and those brokers are not supposed to take any more short sale orders from those accounts for those stocks.
8. Reg SHO is flimsy: So flimsy, in fact, it set folks scratching their heads - does the SEC not get it? Here is why it is flimsy:
_____a. Telling the hedge funds after 13 days, “You are not supposed to do any more naked shorting in this stock,” is meaningless - they weren’t supposed to be naked shorting it in the first place.
_____b. There are no sanctions for violators.
_____c. Why grandfather violations that have been illegal for 71 years?
9. Two theories regarding how big a problem this is:
_____a. Tame theory: This is a problem for a small percent of companies, just those that find themselves on the Reg SHO list. Thus this is not a hard problem to fix. But fixing it is going to cause a lot of hedge funds to lose money. They are well-connected with the SEC, and the SEC is co-opted to the point that they are tightening down on this half-heartedly.
_____b. Extreme Theory: This problem is so endemic that if the SEC tried to fix it the system would crack. There are so many losses waiting to be realized by the hedge funds, it would be like the failure of Long Term Capital Management, but on a massive scale (see Roger Lowenstein’s, When Genius Failed, for an excellent explanation of the risk that the failure of even one large hedge fund put on our financial system). In this scenario, the reason the SEC is not being suitably aggressive is because they know the problem has gotten beyond what can be solved without a systemic failure.
10. Which theory is correct? I don’t know. No one knows outside the DTCC, SEC, and maybe the NASDAQ and NYSE. And they are not telling. I have asked the DTCC, SEC, and NASDAQ for the size of Overstock’s FTD, but they all refused to disclose it. This amazes me: if I sold 100 shares out the back door of Overstock without registering them I would go to jail, but (per our inclusion on the SHO Threshold list) some hedge funds have sold hundreds of thousands (or millions) of phantom shares, and the SEC and DTCC protect them. When I ask, “By appeal to what law or regulation are you refusing to disclose this to me?” they clam up. This is one of the warnings telling me that this may be a problem of catastrophic proportions.
I hesitate to describe the others, as it sounds like I might be lining my hat with tinfoil. But in the interest of completeness, I shall. In 2004 it became public that one well-known short seller, David Rocker (of Rocker Partners), was shorting our company. In October, 2004 I invited him on a conference call to debate me, and it got pretty nasty (see this transcript for details:
Click here for the transcript
Immediately thereafter some knowledgeable-sounding people got in touch and warned me of four things to come, in this order:
_____a) Reporters A, B, C, and D would call and do hatchet jobs on me, as they were lackeys to Rocker;
_____b) I would find Overstock.com listed on innumerable foreign exchange;
_____c) We would find ourselves on the Reg SHO Threshold list when it came out in January.
_____d) The SEC would announce they were starting some inquiry on us.
I already knew Reporters A, B, and C, who had gone far out of their way to write uncharitable articles about me, and while I always wondered at their eagerness to do so, I gave the prediction of more such articles little credit. Yet I had never heard of Predicted Reporter D (Elizabeth MacDonald of Forbes): within two days, she (along with A, B, and C) had called with clear intent to write something unpleasant. Elizabeth hunted for a week, then gave up: we are so squeaky clean, the most such reporters can do is write anodyne trivia: e.g., Herb Greenberg actually once devoted a whole column to how quickly or slowly I returned his calls, and how this could be interpreted as a sign of sinister intent (as opposed to, say, whether or not I was getting on and off planes as I synched my emails).
Then over the autumn of 2004 we found ourselves listed on five exchanges in Germany and one in Australia: someone went to all the trouble to get us listed on these exchanges, though hardly any shares have traded since (this confirms the theory that these foreign exchanges are used simply as smoke screens by hedge funds needing an excuse for the DTCC).
On January 27 we appeared on the Reg SHO Threshold list (only about .4% of companies are on this list).
Thus, these “crazies” had made four pretty far out predictions. The first three of them have come true. The test of any theory is its ability to make accurate predictions, and the “crazies” have passed that test. So I started paying a lot more attention to what they had to say.
Incidentally, their fourth prediction (the SEC trying to make trouble for me) has not come true. However, an increasing number of smart people are telling me that, now that I am taking a lead role in this issue, and am the first non-fringe player to do so, the SEC is going to crucify me, for they (according to these sources) are thin-skinned, vindictive, unused to criticism from those whom they regulate, and partly captured by the very hedge funds that benefit from these practices.
11. The “Pay-No-Attention-To-The-Man-Behind-The-Curtain” Responses: A party line has developed within Wall Street that runs like this:
_____a. “There is no naked shorting”: This used to be the party line, but since 300 companies appeared on Reg SHO since January 2005 it has worn thin.
_____b. “Reg SHO will address this problem”: As only a handful of those 300 firms have dropped from the Threshold List, this is dubious, too.
_____c. “CEO’s who make an issue of this are just mad that their stock is down.” I have nothing about which to be mad: our stock is 2-3X where it was in early 2004. I am trying to bring attention to this because there is a risk to the public.
_____d. “The folks who make a big deal about this are crazies who line their hat with tinfoil.” Could be. I know they sound whacko. I know I sound whacko, too. But the test of a theory is its ability to predict, and these “crazies” make accurate predictions. I have been called by precisely those journalists they predicted would call me. OSTK has appeared on 6 foreign exchanges, none at our own request. On January 27 we appeared on the Reg SHO list (and as we have not come off it since then, I feel the “crazies” are right about the flimsiness of the Reg SHO mechanism, too). The only thing these “crazies” have missed so far is that the SEC has not started any vendetta against me (yet) for bringing attention to this issue.
I hope this gives you, dear reader, a broad enough overview of this problem that it may suggest further inquiry. I repeat, I do not know how deep a problem this is. It could be next to nothing, or it could be an Enron waiting to happen (with far greater ramifications, as the failure could be systemic). I don’t know, but I do know that it would be easy for the SEC to clear up the mystery: all they have to do is publish the size of the FTD’s for the companies on the Reg SHO Threshold List.
This is, I think, a fair question for me to ask: after all, if without registering them I sold 100 shares of Overstock out the back door of the firm I would go to jail. Yet per our inclusion on the Reg SHO Threshold list we know that some hedge funds have done that with hundreds of thousands (or millions) of shares: why won't the SEC reveal who, and how many counterfeit shares they "issued"? The fact that the SEC, the DTCC, and the exchanges refuse to disclose this (though they must have the information every night, else how could the calculate whether or not a company belonged on Reg SHO list?) makes me worried that it might be a bigger problem than they want anyone to know.
On the other hand, if there is really nothing to this issue, then the problem can be cleared up overnight, and myself (and all the other “crazies”) would go away. All we need are the answers to five simple questions, which I write out below in the hopes that some concerned citizens, or an enterprising journalist, can use them to dig a little deeper on her own.
12. Five Questions for the SEC
_____a. Does SEC receive daily data from the DTCC/NSCC on Fail to Delivers?
__________i. If not, why not?
__________ii. How can the SEC regulate without this?
_____b. How large is the fail to deliver problem? Does the SEC even know?
__________i. Why won’t the DTCC tell anyone how large the problem is?
__________ii. Why won’t the DTCC tell the SHO companies how large their FTD problem is?
_____c. How can firms remain on the threshold list if Reg SHO is enforced?
_____d. Why grandfather - pardon - all violations prior to January 7, 2005?
__________i. Wasn’t it against the rules (10(a)2, 15(c)6-1, 17(a)) since 1934?
__________ii. Why won’t the SEC enforce rules on the books for 71 years?
__________iii. What logic supports pardoning flagrant, regular violation of rules?
_____e. Who are the biggest violators of the Failure to Deliver rules?
__________i. Who benefits the most from the past fails being pardoned?
__________ii. Why reward these hedge funds for systematically violating the rules?
_____f. How can private SS accounts be considered while this is going on?
I thank any reader who has stuck with me through this long explanation. I made it as clear and concise as I could, and hope that through these modest efforts some enterprising reader or journalist will have gained the ammunition needed to breech the defenses of Wall Street and get some answers.
And if for my efforts you see me doing the perp walk on TV, remember to send me a cake with a file in it!
Respectfully submitted, Patrick M. Byrne (Ph.D., Stanford) CEO, Overstock.com
PS My disclaimers:
- While David Rocker has been public about being short us (and a surprising percentage of other companies on the Reg SHO Threshold List!), I do not mean to claim that he is naked short Overstock. Someone is, but it is not necessarily him. He could simply be short us, and it be some other party who is naked short our stock.
- The Tools of Satan are going to try to claim that this is all some scheme of mine to get people to buy our stock. It is not true. None, and I mean none, of this is intended to get anyone to think about buying Overstock stock. I am doing this because I am convinced enough of the issue to want the public to get some answers. Someone has to do this, and John Wayne is dead. But do not confuse my involvement with this issue with any valuation or other issue regarding Overstock.com. Hey, I get involved in other political issues to (e.g., education reform), and they are not all driven by some secret aspirations to get customers or shareholders.
No, not Wallace, the poor horse. It's bad enough that he was, well, snipped but then every day for the rest of his life he's reminded of it! "Come on snip, lets go for a run snip." Then he gets whacked on the noggin with a broom stick. Heck, I'd probably do whatever you said too if you snipped me and then walloped me with a broom handle.
Posts: 5729 | From: Wisconsin | Registered: Sep 2003
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LOL.... Darn you Upside!!! I fell out of my chair and can't get up.
Posts: 1005 | From: Grapevine, TX 76051 | Registered: Aug 2004
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Well really, think about it. The horse is humiliated as it is being named snip but then he hears "Come on Snip, let's smack you on the head Snip". Wham! "Good boy Snip." Yeah, I'll bet that was one humble horse.
Posts: 5729 | From: Wisconsin | Registered: Sep 2003
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BTW, upside, he WAS a gelding but snip was the name given for the white spot on his nose.
Posts: 1005 | From: Grapevine, TX 76051 | Registered: Aug 2004
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quote:Yep... but he got on the railroad track and a train hit him.
Bet it was suicide. Did he always have the white spot or was it just a discoloration from the broom stick? I'll bet your broom stick had a black spot on it, didn't it?
Posts: 5729 | From: Wisconsin | Registered: Sep 2003
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But you don't have one, do you? The other end of the shovel works pretty good on rabbits too.
Posts: 5729 | From: Wisconsin | Registered: Sep 2003
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Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) February 5, 2004
CMKM DIAMONDS, INC.
(Exact name of registrant as specified in its charter)
Nevada 000-26919 90-0070390
(State of incorporation) (Commission File Number) (I.R.S. Employer Identification No.)
5375 Procyon St., Suite 101
Las Vegas, Nevada
89118
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including are code: (877) 752-3755
Casavant Mining Kimberlite International, Inc.
(Former name)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers.
Robert A. Maheu
On January 31, 2005, the Company announced that Robert A. Maheu joined the board of directors and will serve as co-chairman.
Throughout his life, Mr. Maheu and his company Robert A. Maheu Associates served as an advisor to many great men and companies throughout the history of America. Several of the companies Mr. Maheu has assisted are; Westinghouse, World Tankers Inc., Stavros Niarchos, Del E. Webb Corp., Schenley Distributors, United Steel Workers of America, Hughes Tool Co., Hughes Aircraft, Theta-Com of California, Howard R. Hughes, Leisure Industries Ltd., Jayhawk Industries, International Business Associates Inc., Shaheen Resources, MacMillian-Ring Free Oil Co., Pacific Investments, Expo-Tech, Exploration Co. of Louisiana, New Orleans Steamboat Co., Greyhound Exposition Services, Central Intelligence Agency, Global Intelligence Network, Las Vegas Investment Advisors Inc., Paradigm Gaming Systems, Konami Gaming Inc., Sunbelt Communications and Castle Rock Pictures Inc.
Robert Maheu negotiated for the purchase of many Nevada properties on behalf of Howard R. Hughes and the Hughes Tool Company. As a consequence, seven hotel/casinos, one airport and millions of dollars of raw land were acquired. In each case, Mr. Maheu became the Chief Operating Officer. Additionally, Maheu was responsible for the acquisition of an airline. Further, Mr. Maheu represented the Hughes' interests before local, county, state and national regulatory bodies for many years.
A copy of the press release is attached hereto as exhibit 99-1.
Michael Williams
On February 5, 2005, the Company announced that Michael Williams has agreed to join the board of directors. Mr. Williams appointment to the board will become effective upon the finalization of board of directors insurance.
Mr. Williams is currently the chairman of Broadband Wireless International Corp. (OTCBB:BBAN), a member of the board of WorldVuer and the co-founder of EDTV. He has an extensive background in the recording industry. Prior to EDTV he was COO of O2 Entertainment Inc. (an AMEX company). His experience has included the administration and career management of Snoop Doggy Dogg, the Dove Shack, professional athletes and many others. Williams has consulted for and advised people like Wesley Snipes and J Prince on particular matters. He began his executive career at A&M Records under John McClain, Herb Alpert and Jerry Moss, and then moved on to Island Records, signing a $2 million contract as an artist, songwriter and producer under Kevin Fleming and Chris Blackwell. As a hobby, Williams is a co-owner of a prominent record label under WEA (Warner Electric Atlantic) Original Man Entertainment, which currently has artists like Tony Lucca and Ballentine in stores now. He holds a Bachelor of Science in management.
A copy of the press release is attached hereto as exhibit 99-2.
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On February 5, 2004, the Company changed its name from Casavant Mining Kimberlite International, Inc. to CMKM Diamonds, Inc. The name change was effected through an amendment to the Company's articles of incorporation and approved by the board of directors and by a majority consent of its stockholders. A copy of the certificate of amendment to the articles of incorporation is attached hereto as exhibit 3(i)(a).
On March 1, 2004, the Company's board of directors and a majority of its stockholders, approved the amendment to the articles of incorporation to increase the authorized shares from Two Hundred Billion (200,000,000,000) shares to Five Hundred Billion (500,000,000,000) shares at a par value $0.0001. A copy of the certificate of amendment to the articles of incorporation is attached hereto as exhibit 3(i)(b).
On July 13, 2004, the Company filed a certificate of amendment to the articles of incorporation to correct a typographical error. The Company's original articles of incorporation filed on June 9, 1998 had a stated par value of $0.0001. A subsequent amendment filed on December 26, 2002 and all subsequent amendments which increased the authorized shares mistakenly listed the common par value as $0.001. Article 4 of this certificate of amendment was amended to read, the par value of common shares is $0.0001. A copy of the certificate of amendment to articles of incorporation is attached hereto as exhibit 3(i)(c).
On August 18, 2004, the Company's board of directors and a majority of its stockholders, approved the amendment to the Company's articles of incorporation to increase the authorized shares from Five Hundred Billion (500,000,000,000) shares to Eight Hundred Billion (800,000,000,000) shares at a par value of $0.0001. A copy of the certificate of amendment to articles of incorporation is attached hereto as exhibit 3(i)(d).
SECTION 8 - OTHER EVENTS
Item 8.01 Other Events
UPDATED CORPORATE STRATEGY PRESS RELEASE
On February 11, 2005, the Company announced a corporate strategy plan designed to dramatically and comprehensively transform the Company's internal corporate governance. A copy of the press release is attached hereto as exhibit 99-3.
REINSTATEMENT OF 34 ACT REPORTING STATUS PRESS RELEASE
On February 17, 2005, the Company announced the reinstatement of its reporting status under the Securities Exchange Act of 1934 through the filing of an amended Form 15. A copy of the press release is attached hereto as exhibit 99-4.
TEMPORARY TRADING SUSPENSION PRESS RELEASE
On March 3, 2005 the SEC announced the temporary trading suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934, of CMKM Diamonds, Inc. (symbol "CMKX"). The suspension started at 9:30 a.m. EST, and will continue through 11:59 p.m., on March 16, 2005. The Company issued a press release on March 4, 2005 commenting on the temporary trading suspension. A copy of the press release is attached hereto as exhibit 99-5.
CLARIFICATION INFORMATION
Contacting of Regulatory Bodies.
The Company has previously asked for investors and stockholders to please refrain from contacting the Company, the SEC, NASD, the Transfer Agent and/or Stoecklein Law Group to allow them to focus on completing necessary corporate disclosure documents. This request was not meant to discourage anyone from contacting the SEC, NASD or any other regulatory body with regards to any matter. The Company encourages its stockholders to comply with all regulatory bodies and if necessary call or contact them at their sole discretion. Further, the SEC has established a CMKM Diamonds Investor Line at the Pacific Regional Office, which can be reached by calling (323) 965-4519 or by email at cmkmdiamonds@sec.gov.
Shares Outstanding and Stockholders of Record.
In the March 4, 2005 press release, the Company disclosed it had 703,518,875,000 shares of common stock issued and outstanding to approximately 2,032 stockholders of record (excluding shares held in "street name").
Several stockholders have raised concern over what the previous statement actually means. The issued and outstanding share number includes all shares of common stock issued and outstanding as of March 4, 2005, including those held by stockholders in their respective brokerage accounts and/or other nominee names.
A stockholder of record is a person/entity that holds an actual certificate for shares of the Company's common stock in its name. Therefore, the Company has 2,032 stockholders that hold certificates in their own name.
"Street name" refers to shares held in a person's/entity's brokerage or other trading account. The majority of these shares are typically shown on stockholder lists as being held in CEDE & CO. The Company is not aware of how many stockholders have shares held in "street name", but the Company's stockholder list as of March 4, 2005 had 407,321,106,308 shares held in CEDE & CO.
(a) Certificate of Amendment to Articles of Incorporation filed on February 5, 2004
(b) Certificate of Amendment to Articles of Incorporation filed on March 1, 2004
(c) Certificate of Amendment to Articles of Incorporation filed on July 13, 2004
(d) Certificate of Amendment to Articles of Incorporation filed on August 18, 2004
99-1 Press Release dated January 31, 2005 announcing Robert A. Maheu joining the board of directors as co-chairman.
99-2 Press Release dated February 8, 2005 announcing Michael Williams joining the board of directors upon finalization of the board of director insurance.
99-3 Press Release dated February 11, 2005 announcing update to corporate strategy.
99-4 Press Release dated February 17, 2005 thanking securities counsel for reinstating 34 Act reporting status.
99-5 Press Release dated March 4, 2005 commenting on temporary trading suspension by the SEC.
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
CMKM DIAMONDS, INC.
By: /s/ Urban Casavant
Urban Casavant,
President and Chief Executive Officer
Date: March 14, 2005
DEAN HELLER
Secretary of State
204 North Carson Street, Suite 1
Carson City, Nevada 89701-4299
(775) 684-5708
Website: secretaryofstate.biz
Certificate of Amendment
(PURSUANT TO NRS 78.385 AND 78.390) FILED C 9852-02
FEB 05 2004
Certificate of Amendment to Articles of Incorporation
For Nevada Profit Corporations
(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)
1. Name of Corporation:
Casavant Mining Kimberlite International, Inc.
2. The articles have been amended as follows (provide article numbers, if available):
Article 1 has been amended as follows: The name of the corporation has been changed to
CMKM DIAMONDS, INC.
3. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: over 51%
4. Effective date of filing (optional):
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
IMPORTANT: Failure to include any of the above information and submit proper fees may cause this filing to be rejected.
DEAN HELLER
Secretary of State
204 North Carson Street, Suite 1
Carson City, Nevada 89701-4299
(775) 684-5708
Website: secretaryofstate.biz
Certificate of Amendment
(PURSUANT TO NRS 78.385 AND 78.390) FILED C 9852-02
MAR 01 2004
Certificate of Amendment to Articles of Incorporation
For Nevada Profit Corporations
(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)
1. Name of Corporation:
CMKM DIAMONDS, INC.
2. The articles have been amended as follows (provide article numbers, if available):
The authorized shares are increased form Two Hundred Billion (200,000,000,000) shares to Five Hundred Billion (500,000,000,000) shares at a par value of $0.001
3. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: 65%
4. Effective date of filing (optional): IMMEDIATE
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
IMPORTANT: Failure to include any of the above information and submit proper fees may cause this filing to be rejected.
DEAN HELLER
Secretary of State
204 North Carson Street, Suite 1
Carson City, Nevada 89701-4299
(775) 684-5708
Website: secretaryofstate.biz
Certificate of Amendment
(PURSUANT TO NRS 78.385 AND 78.390) FILED C 9852-02
JUL 13 2004
Certificate of Amendment to Articles of Incorporation
For Nevada Profit Corporations
(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)
1. Name of Corporation:
CMKM DIAMONDS, INC.
2. The articles have been amended as follows (provide article numbers, if available):
Article 4 is amended to correct a type error. The original articles filed the par value as 0.0001. A subsequent amendment on December 26, 2002 and all subsequent filings which increased the authorized shares amount mistakenly lists the common par as 0.001. This is a mistake which must be corrected.
Article 4 is hereby amended and should read the par value of common shares is .0001
3. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: N/A
4. Effective date of filing (optional):
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
IMPORTANT: Failure to include any of the above information and submit proper fees may cause this filing to be rejected.
DEAN HELLER
Secretary of State
204 North Carson Street, Suite 1
Carson City, Nevada 89701-4299
(775) 684-5708
Website: secretaryofstate.biz
Certificate of Amendment
(PURSUANT TO NRS 78.385 AND 78.390) FILED C 9852-02
JUL 13 2004
Certificate of Amendment to Articles of Incorporation
For Nevada Profit Corporations
(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)
1. Name of Corporation:
CMKM DIAMONDS, INC.
2. The articles have been amended as follows (provide article numbers, if available):
The authorized shares of the corporation be increased to Eight Hundred Billion Shares (800,000,000,000) at a par value of $0.0001.
3. The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the * articles of incorporation have voted in favor of the amendment is: August 18, 2004
4. Effective date of filing (optional): Aug 18, 2004
(must not be later than 90 days after the certificate is filed)
5. Officer Signature (required): /s/ Urban Casavant, President
*If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
IMPORTANT: Failure to include any of the above information and submit proper fees may cause this filing to be rejected.
Robert A. Maheu Joins the Board of Directors of CMKM Diamonds Inc.
LAS VEGAS--(BUSINESS WIRE)--Jan. 31, 2005--CMKM Diamonds Inc. (Pink Sheets: CMKX - News) is pleased to announce that Robert A. Maheu has joined the board of directors of the company. Maheu will serve as the co-chairman of the board of directors and will assist Mr. Casavant in the immediate and long-term objectives of the company.
"In the company's agenda for 2005, it has become paramount to bring in individuals and companies that can make significant contributions to the company. As the company begins to accomplish short-term goals, we decided to bring in an individual who can manifest an atmosphere for success. Mr. Maheu is that man," stated Casavant, chairman of CMKM Diamonds Inc.
Maheu is probably most famous for his role with Howard R. Hughes. Maheu served as the alter ego to Hughes. Maheu negotiated for the purchase of many Nevada properties on behalf of Hughes and the Hughes Tool Co. As a consequence, seven hotel/casinos, one airport and millions of dollars of raw land were acquired. In each case, Maheu became the chief operating officer. Additionally, he was responsible for the acquisition of an airline. He also represented the Hughes' interests before local, county, state and national regulatory bodies for many years. At an earlier time in his life, Maheu served as supervisor of the administrative section of the New York City Federal Bureau of Investigation Office and special assistant to Assistant Director E.J. Connelly, who was in charge of major cases for the entire Federal Bureau of Investigation.
Throughout his life, Maheu and Robert A. Maheu & Associates served as an advisor(s) to many great men and companies throughout the history of America. Westinghouse, World Tankers Inc., Stavros Niarchos, Del E. Webb Corp., Schenley Distributors, United Steel Workers of America, Hughes Tool Co., Hughes Aircraft, Theta-Com of California, Howard R. Hughes, Leisure Industries Ltd., Jayhawk Industries, International Business Associates Inc., Shaheen Resources, MacMillian-Ring Free Oil Co., Pacific Investments, Expo-Tech, Exploration Co. of Louisiana, New Orleans Steamboat Co., Greyhound Exposition Services, Central Intelligence Agency, Global Intelligence Network, Las Vegas Investment Advisors Inc., Paradigm Gaming Systems, Konami Gaming Inc., Sunbelt Communications and Castle Rock Pictures Inc. are some of the companies. To list all of Maheu's accomplishments would turn this brief announcement into a novel.
Casavant and Maheu will together be looking into the company and setting forth exactly what CMKM Diamonds needs to do in order to be successful in its current endeavors. The two look to bring in a president to the company that has successful history in geology and mining of natural resources.
This release contains "forward-looking" statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward-looking" statements. Forward-looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated.
Contact:
CMKM Diamonds Inc.
Andrew Hill, 306-752-3755 or 877-752-3755
cmkxir@casavantmining.com
CMKM Diamonds Brings in Another Member to the Board of Directors
LAS VEGAS--(BUSINESS WIRE)--Feb. 8, 2005--CMKM Diamonds Inc. (Pink Sheets: CMKX - News) is pleased to announce that Michael Williams has agreed to join the board of directors of the company. The appointment of Williams is going to accelerate the company's objectives, which shall become effective upon the finalization of the board of directors insurance.
Williams, although younger than the other board members, brings a world of experience to the CMKM team. He is currently the chairman of Broadband Wireless International Corp. (OTCBB:BBAN - News), a member of the board of WorldVuer and the co-founder of EDTV. He has an extensive background in the recording industry. Prior to EDTV he was COO of O2 Entertainment Inc. (an AMEX company). His experience has included the administration and career management of Snoop Doggy Dog, the Dove Shack, professional athletes and many others. Williams has consulted for and advised people like Wesley Snipes and J Prince on particular matters. He began his executive career at A&M Records under John McClain, Herb Alpert and Jerry Moss, and then moved on to Island Records, signing a $2 million contract as an artist, songwriter and producer under Kevin Fleming and Chris Blackwell. As a hobby, Williams is a co-owner of a prominent record label under WEA (Warner Electric Atlantic) Original Man Entertainment, which currently has artists like Tony Lucca and Ballentine in stores now. He holds a Bachelor of Science in management.
"As we continue our agenda for 2005, it was obvious that Mr. Williams could bring a great deal of opportunity, organization and expertise to the company. He is a friend of Mr. Maheu and family members, has already made significant contributions to the company and I welcome him to the board," stated Urban Casavant, chairman.
This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward-looking statements." Forward-looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated.
LAS VEGAS--(BUSINESS WIRE)--Feb. 11, 2005--CMKM Diamonds Inc. (Pink Sheets: CMKX - News) today announced a corporate strategy plan designed to dramatically and comprehensively transform CMKX's internal corporate governance. The aggressive plan is being spearheaded by Robert A. Maheu, the recently appointed co-chairman of CMKX.
"Solving problems has been my occupation for many years," said Maheu. He continued, "Tough assignments are not solved by wishful thinking, but rather by tough action." A new team of securities attorneys has been instructed that their prime assignment is to correct any deficiencies of the past and to cooperate fully with regulatory bodies both in Canada and the United States to minimize the possibility of such deficiencies in the future.
Maheu has also instructed management that regular reports to stockholders and the financial community are imperative.
"Today, CMKX is embarking on an aggressive, strategic plan that is intended to transform the entire corporation into a tightly focused mining and development company," said Urban Casavant, president and chief executive officer of CMKX. "It is our intent to use all available resources to generate consistent, long-term growth and profitability for our stockholders."
Additionally, Casavant said, "We shall be recruiting a team of experienced advisors, professionals and management executives. We intend to structure the company for a move to the Over-the-Counter Bulletin Board or an exchange."
Forward-Looking Statements
This press release may contain statements that constitute "forward-looking statements" as defined under U.S. federal securities laws describing the elements of CMKX's strategic plan and the expected impact of such plan on CMKX's operations. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "establish," "project" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are based on current expectations and assumptions that are subject to certain risks and uncertainties that could cause actual results to differ materially from CMKX's historical experience and its projections. Such forward-looking statements are inherently uncertain, and actual results may differ from those expressed or implied in the forward-looking statements. Consequently, readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date they are made.
CMKX's actual results could differ materially from such forward-looking statements because of factors such as: uncertain regulatory scrutiny; the current state of operations; unavailability of documentation; inability to engage advisors, professionals and/or executive management; unforeseen capital deficiencies; unavailability of insurance; uninsured losses; adverse results in litigation; unanticipated tax liabilities; changes in the mining and metals environment, including actions of competitors; the effectiveness of CMKX's development and drilling programs; regulatory and legal changes; and other risks associated with companies in similar industries. CMKX undertakes no obligation to publicly update or revise any forward-looking statements to reflect current events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
Contact:
CMKM Diamonds Inc.
Andrew Hill, 306-752-3755 or 877-752-3755
cmkxir@casavantmining.com
CMKM DIAMONDS THANKS NEW SECURITIES COUNSEL FOR REINSTATING 34 ACT REPORTING STATUS.
Las Vegas, NV - February 17, 2004 - CMKM Diamonds, Inc. (Pink Sheets-CMKX) today announced the reinstatement of its reporting status under the Securities Exchange Act of 1934 through the filing of an amended Form 15.
On February 9, 2005, CMKX engaged Stoecklein Law Group, a firm specializing in securities matters, as new securities counsel to assist with the correction of past deficiencies and guide CMKX through its regulatory compliance requirements. "When I joined the board one of my prime assignments was to improve corporate compliance. A prime component was to reinstate reporting status, which was efficiently and expeditiously handled by the Stoecklein Law Group," stated Robert A. Maheu, co-chairman of CMKX.
"On behalf of the Company and its stockholders, we would like to sincerely thank Roger Glenn and his firm for all of their past efforts," stated Urban Casavant, CEO/president of CMKX.
With its reporting requirements now reinstated, CMKX can now file current, quarterly and annual reports with the SEC disclosing vital corporate information to the investing public and its stockholders. However, due to the length of time CMKX has not been reporting there are a substantial number of filings, including financial statement audits, that will need to be made to bring CMKX current in its reporting obligations. Readers of this press release are encouraged to monitor the SEC's EDGAR website (www.sec.gov) for future CMKX filings.
"We are extremely appreciative of Stoecklein Law Group's immediate attention to our needs. I have worked with them in the past and they have always exceeded my expectations," said Maheu.
CMKX is currently working towards completing an audit of its financial statements and the preparation of the necessary SEC filings. Investors and stockholders are being asked to please refrain from contacting the Company or Stoecklein Law Group to allow them to focus on completing the task at hand. All corporate updates will be made in press releases and filed in current reports on Form 8-K as they become available.
Forward-Looking Statements:
This press release may contain statements that constitute "forward-looking statements" as defined under U.S. federal securities laws describing the reinstatement of CMKX's reporting obligations and the expected impact of these obligations on CMKX's operations. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "establish," "project" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are based on current expectations and assumptions that are subject to certain risks and uncertainties that could cause actual results to differ materially from CMKX's historical experience and its projections. Such forward-looking statements are inherently uncertain, and actual results may differ from those expressed or implied in the forward-looking statements. Consequently, readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date they are made.
CMKX's actual results could differ materially from such forward-looking statements because of factors such as: uncertain regulatory scrutiny; the current state of operations; unavailability of documentation and corporate records; timing necessary to comply with reporting requirements; lack of adequate internal controls; unforeseen capital deficiencies; unavailability of insurance; changes in the mining and metals environment, including actions of competitors; the effectiveness of CMKX's development and drilling programs; regulatory and legal changes; and other risks associated with companies in similar industries. CMKX undertakes no obligation to publicly update or revise any forward-looking statements to reflect current events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
Contact:
CMKM Diamonds, Inc.
Andrew Hill, 306-752-3755 or 877-752-3755
cmkxir@mail.casavantmining.com
CMKM DIAMONDS COMMENTS ON TEMPORARY TRADING SUSPENSION.
Las Vegas, NV - March 4, 2005 - Commencing at 9:30 a.m. EST yesterday, trading of the common stock of CMKM Diamonds, Inc. (Pink Sheets-CMKX) was temporarily suspended by the Securities and Exchange Commission ("SEC"). This temporary suspension will expire on March 16th at 11:59 p.m. EST and trading in CMKX is anticipated to resume on March 17, 2005.
In its reasoning, the SEC stated it had concerns over the adequacy of publicly available information concerning CMKX's assets and liabilities, mining and other business activities, share structure and stock issuances, and corporate management. Further, the SEC was concerned that CMKX may have unjustifiably relied on a Form S-8, filed in May 2003, to issue unrestricted securities and that CMKX and/or certain of its stockholders may have unjustifiably relied on Rule 144(k) of the 33 Act in conducting an unlawful distribution of its securities that failed to comply with the resale restrictions of Rules 144 and 145 of the Securities Act.
CMKX has been in discussions with the SEC in relation to the SEC's inquiry into another public company that has done business with CMKX. In this process, CMKX has provided the SEC with substantial documentation, much of which spans back to transactions and stock issuances in 2002. It is believed some of the information provided raised concerns with the SEC sufficient enough to cause this temporary suspension of trading. CMKX anticipates a formal request for documents to be issued by the SEC in the near future.
"The SEC did not provide us with any notice of the temporary trading halt," stated Urban Casavant, CEO of CMKX. "This was an unwelcome surprise, especially since our counsel has had ongoing dialogue with the SEC."
According to the SEC's website, www.sec.gov, "The primary mission of the SEC is to protect investors and maintain the integrity of the securities markets." Consistent with this mission, Urban Casavant specifically engaged Robert A. Maheu to assist CMKX in its compliance efforts. "Like the SEC, protecting our investors is a primary concern. We have been aggressively gathering the essential information needed to comply with our public disclosure obligations and anticipate working with the SEC to ensure our compliance with all federal regulations," stated Robert A. Maheu, co-chairman of CMKX.
"We are not letting these regulatory matters impede our primary focus of creating stockholder value through the mining and development of our mineral assets," stated Mr. Maheu. CMKX is continuing to search for additional property claims in Canada and monitor its holdings in Ecuador.
On February 17, 2005, CMKX filed an amended Form 15 to reinstate its reporting obligations under the 34 Act. SEC regulations require CMKX to file, within 60 days after the date of the filing of the amended Form 15, all reports which would have been required had the original Form 15 not been filed. CMKX has not been provided a waiver, "variance" or any other relief by the SEC for complying with the 60 day requirement. In fact, due to the overwhelming number of reports that need to be filed, coupled with the necessary financial statement preparation, CMKX will not be able to comply with the 60 day requirement. Management does not believe the filing of the amended Form 15 had anything to do with the SEC's decision to temporarily suspend trading in its common stock and continues to aggressively do everything within its power to comply with its 34 Act reporting requirements.
With its reporting status reinstated, CMKX anticipates filing a number of significant corporate updates with the SEC in the upcoming weeks on Form 8-K. Investors and stockholders are encouraged to review these forms as they become available through the SEC's EDGAR database.
The SEC's website further discloses, "The laws and rules that govern the securities industry in the United States derive from a simple and straightforward concept: all investors, whether large institutions or private individuals, should have access to certain basic facts about an investment prior to buying it." Urban Casavant, CEO of CMKX, reiterated, "We understand the importance of supplying accurate information to the public and have made it our top priority to uncompromisingly disclose all material corporate information as soon as it becomes available."
Consistent with CMKX's continuing efforts to furnish the investing public and its stockholders with current information and to quell any inaccurate rumors, CMKX has disclosed certain corporate information pertaining to its operations and corporate structure. Of the 800 billion authorized shares of common stock, CMKX currently has 703,518,875,000 shares of common stock issued and outstanding to approximately 2032 stockholders of record (excluding shares held in "street name"). In addition, effective March 1, 2005, CMKX has relocated its executive office address to 5375 Procyon St., Suite 101, Las Vegas, Nevada. Lastly, CMKX's current officer is Urban Casavant (CEO/President/Secretary/Treasurer) and current directors are Urban Casavant and Robert A. Maheu (Michael Williams will join the board of directors upon CMKX's obtainment of D&O insurance).
Investors and stockholders are being asked to please refrain from contacting the Company, the SEC, NASD, the Transfer Agent and/or Stoecklein Law Group to allow them to focus on completing the tasks at hand. All corporate updates will be made in press releases and filed in current reports on Form 8-K as they become available.
CMKX also would like to repeat the SEC's statement of, "At the heart of effective investor protection is an educated and careful investor" and encourage its stockholders and other investors to visit the SEC's website (www.sec.gov), which offers the public a wealth of educational information.
Forward-Looking Statements:
This press release may contain statements that constitute "forward-looking statements" as defined under U.S. federal securities laws describing the reinstatement of CMKX's reporting obligations and the expected impact of these obligations on CMKX's operations. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "establish," "project" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are based on current expectations and assumptions that are subject to certain risks and uncertainties that could cause actual results to differ materially from CMKX's historical experience and its projections. Such forward-looking statements are inherently uncertain, and actual results may differ from those expressed or implied in the forward-looking statements. Consequently, readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date they are made.
CMKX's actual results could differ materially from such forward-looking statements because of factors such as: impact of the temporary halt in trading on CMKX's stock price; impact of the halt on CMKX's operations; uncertain further regulatory scrutiny; the current state of operations; unavailability of documentation and corporate records; changes in the number of outstanding shares of common stock and number of stockholders of record; the impact of failing to meet the 60 day filing requirement; timing necessary to comply with reporting requirements; lack of adequate internal controls; unforeseen capital deficiencies; unavailability of insurance; changes in the mining and metals environment, including actions of competitors; the effectiveness of CMKX's development and drilling programs; regulatory and legal changes; and other risks associated with companies in similar industries. CMKX undertakes no obligation to publicly update or revise any forward-looking statements to reflect current events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
quote:Originally posted by Ric: CEDE = shares in credit equity and debt equity CO = company owned shares
So resticted shares are 407 billion shares held in CEDE and Co.
Float = 296 billion shares
O/S 703 billion shares
A/S 800 billion shares
How do you come up with the shares in CEDE being restricted? Those are shares held in street name, such as those in my ETRADE account. I don't hold restricted shares.
-------------------- The opinions expressed here by myself and others should be taken for what they are: opinions. Beware, many express opinion as fact. Do your own research from reputable sources and never invest more than you can afford to loose. ~,-,-< GatorMan Posts: 752 | From: Springville, Utah | Registered: Jan 2004
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Wow, the spin is already started. They are trying to say the 407 billion shares are not part of the o/s but short shares. Figures, I think that a lesson can be learned from this but if you can't grasp the enormity of this now then how can a lesson be learned.
-------------------- Invest with your brain not with your heart. Posts: 4405 | From: Bristol, Tn, USA | Registered: Aug 2004
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total O/S is 704B, 407B of which is held in street name, the other 297B is in cert form. Nothing about insider holding, except that at least 65% of the 704B is insider.
Posts: 45 | Registered: Feb 2005
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Did you expect them to acknowledge the truth?
-------------------- A million seconds is 13 days. A billion seconds is 31 years. Posts: 4893 | From: Burbank IL USA | Registered: Feb 2004
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Where did you get the 65% from? The only place I read of 65% was from the percent of votes for the increase in a/s. That it was approved be 65%.
quote:Originally posted by vman: I'm reading this as follows:
total O/S is 704B, 407B of which is held in street name, the other 297B is in cert form. Nothing about insider holding, except that at least 65% of the 704B is insider.
-------------------- Invest with your brain not with your heart. Posts: 4405 | From: Bristol, Tn, USA | Registered: Aug 2004
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Damn, legal, did you HAVE to post the whole thing? You must not think people can read anything outside this board. What a waste of space.
-------------------- If I give you bad information, please feel free to sue me. I have nothing left anyway. Ed Posts: 1772 | From: Oxford, PA, USA | Registered: Oct 2004
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Does it really make a difference if the number is 296B or 407B. LOL
Either one is obscene.
Trading 2B in one day would either be .6% of the float, or .49% of the float. That oughta send it right up to $1 !!
-------------------- A million seconds is 13 days. A billion seconds is 31 years. Posts: 4893 | From: Burbank IL USA | Registered: Feb 2004
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quote:Originally posted by Ric: Where did you get the 65% from? The only place I read of 65% was from the percent of votes for the increase in a/s. That it was approved be 65%.
quote:Originally posted by vman: I'm reading this as follows:
total O/S is 704B, 407B of which is held in street name, the other 297B is in cert form. Nothing about insider holding, except that at least 65% of the 704B is insider.
Admittedly, the 65% is not a very certain number. Even if insiders were the only ones who voted to increase the A/S at that time, doesn't mean they still hold that percentage. Still, I think my first statement is accurate, the numbers given only distribute the O/S between street name and cert form, nothing is said about insiders.
Posts: 45 | Registered: Feb 2005
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Yeah that was back when there was a A/S of 200 billion and the vote went to 500 billion. Thats didn't include the next increase to 800 billion. If I was UC then I would sell my shares too making this much money. I think thats why he hired the people he did. He knew this was going to happen after Canada shut them down. But it would be very odd for insiders to hold in street name shares thats why I said float was 407 plus.
But really, who owns certs these days? It usually the insiders. I think it was pretty clear to be a little fuzzy, lol.
-------------------- Invest with your brain not with your heart. Posts: 4405 | From: Bristol, Tn, USA | Registered: Aug 2004
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OR maybe lucky for Urban and a funneral for us shareholders!!!
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How do you come up with the shares in CEDE being restricted? Those are shares held in street name, such as those in my ETRADE account. I don't hold restricted shares.
