quote:Originally posted by bullish_pennystocks: In my opinion CMKX will not go to SEC hearing..something will happen before that to make all shareholders happy.
Maybe they will change the flavor of the kool-aid
We all know that if they make it to the hearing, its all over but the fat lady singing and no doubt she will be at the hearing.
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
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posted
Seems to me the faithful have been saying that UC has been buying back stock. Correct? That he owns a good deal of the common stock. Correct? More than 80 billion shs (a bit over 10% of the I/O)?
Then why hasn't he filed under Section 16a of the Securities Exchange Act of 1934? It reads as follows:
Section 16a of the Exchange Act of 1934 REQUIRES that
Every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security (other than an exempted security) which is registered pursuant to section 12, or who is a director or an officer of the issuer of such security, shall file the statements required by this subsection with the Commission (and, if such security is registered on a national securities exchange, also with the exchange).
Time of filing at the time of the registration of such security on a national securities exchange or by the effective date of a registration statement filed pursuant to section 12(g);
within 10 days after he or she becomes such beneficial owner, director, or officer;
PS: And, obviously, he is not exempted nor is the security. Otherwise, the SEC would not be after them.
posted
mahoo filed his share ownership. but then even tho his is part of cmkx now he seems a bit more on the level. wanna bet he doesn;t last either? UC can't have any hint of honesty around or the game is over.
-------------------- "keep your stick on the ice & your cup firmly in place"
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posted
True, mahoo may be the only honest one on board. However, I will withhold drawing conclusions on that one until I see more evidence either way.
The fact that UC brought him on suggests that UC is really running scared and making a last ditch effort or stand. Problem is, the damn fool screwed it up too much already. There is no question as to the SEC violations. There is no question as to where the responsibility for filing rested and still rests. No excuses...including, I am a dummy and did not know, I was ill or I thought someone else should have been responsible!!!
posted
If Maheu filed his ownership, why didn't UC? He has had every opportunity. Since Maheu filed UC knows he should have filed (if he's a beneficial owner), and, since the SEC has been on his back, he sure as hell must know he would be required to file such ownership. That tells me he doesn't even own 80 billion shares or is further violating SEC requirements.
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quote:If Maheu filed his ownership, why didn't UC?
Because then the game would be over.
So he adds violation to violation. I will SPECULATE here that maybe he doesn't own even as little as 10%. Control must be elsewhere or he has really stepped over every line possible.
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quote:Originally posted by legaleagle: Street Shares: 97,138,697,522 Cert Shares: 12,276,474,879 Total Shares: 109,415,172,401 Signed Agreements: 1262
Geez sounds like a Jim Jones convention, signing up for the slam down of some more kool aid.
They have a new drink called: ScamAid, it makes you loose touch with reality and gives you a false sense of security. In addition you get skin irritations called CMKX pox and an irritable bowel syndrome called Urbanitis. Just leaves you feeling plain crapy
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
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posted
You know this stock is boring when you have to resort to old info just to keep the thread open. LOL Come on, legal, we need some new info to chew on. How about a guess when CMKX will post their financials? That should be good for a few laughs.
-------------------- If I give you bad information, please feel free to sue me. I have nothing left anyway. Ed
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A David and Goliath Battle: Shareholders Group Wins Over SEC Demands 4/21/2005 5:50PM CST TYLER TEXAS, Apr 21, 2005 (From CMKX Owners Group) – In the classic David and Goliath battle, a rapidly growing number of stockholders known as the CMKX Owners Group, stockholders owning stock in a mining and exploration company called CMKM Diamonds Inc., have possibly become the first stockholders group ever allowed to intervene in a Securities and Exchange Commission ( SEC) Administrative Hearing. The SEC enforcement division urged denial of the Owners Group motion to intervene regarding the scheduled CMKM Diamonds, Inc., hearing, however, the Law Judge overruled the SEC and granted the Group’s right to intervene. The CMKX Owners Group’s was started by a single CMKX shareholder with the goal of securing as many members as possible, with the purpose to show solid support for its company to the SEC and demonstrate that shareholders consider the SEC actions against the company as harmful to shareholder value and company success. Last week, Chief Administrative Law Judge, Brenda P. Murray, ruled in favor of the CMKX Owners Group, and against the SEC Enforcement Division, allowing the Group to intervene and be represented by attorney Bill Frizzell, at the SEC Administrative Hearing set for May 10, 2005, in Los Angeles, California.On April 6, 2005, Mr. Frizzell filed a Motion for Leave with the court requesting third party participation in the SEC Administrative Hearing against CMKX. Mr. Frizzell was successful in obtaining third party intervention at the dismay of the SEC enforcement division, and will be representing a minimum of over thirteen-hundred shareholders controlling in excess of 110 billion shares of CMKX stock. The CMKX Owners Group is the fastest growing shareholder group in the nation. In the last three-weeks, the Groups membership has grown from one member to over thirteen-hundred members; and the numbers are increasing daily in an effort to show support for the company. What is most interesting, the Group is not forming to attack its company--as most shareholder groups do--it has formed to assure its company is represented fully and fairly by showing a solid shareholder base for the upcoming SEC Administrative Hearing. CMKM Diamonds, Inc. has a large and devoted shareholder base that has concerns regarding the timing of the proceedings being brought by the SEC. How to Join If you are a CMKM Diamonds, Inc., shareholder, and want more information regarding membership in the CMKX Owners Group, information and membership processing is available at www.cmkxownersgroup.com/. SOURCE: CMKX Owners Group The Frizzell Law Firm 305 South Broadway, Suite 302, Tyler, Texas 75702 Phone: 903-595-1921 www.cmkxownersgroup.com
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posted
I don't know if anyone noticed a statement as to the authority/control of shareholders in the Articles of Incorporation of CMKX when the authorized was increased to 800 billion shares. Maybe because the increase came as such a shock to everyone.
Heref, in part, is that amendment:
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)
NOTE ITEM #3. That statement states the voting was done by some security or securities that could effect a majority vote. I think there definitely is a Pfd.Stk. (probably convertible into Common) that can out vote the Common shareholder votes in any and all circumstances. It would be included in the phrase "classes or securities", but is, conveniently, not identified. In view of that, there would be no need for UC to own any Common Stock whatsoever....but he probably does own a little.
Nevada Revised Statutes also state the following (edited):
Nevada Revised Statutes Chapter 78.207 Change in number of authorized shares of class or series: Resolution by board of directors; approval by stockholders; rights of stockholders.
3. Except as otherwise provided in this subsection, if a proposed increase or decrease in the number of authorized shares of any class or series would adversely alter or change any preference or any relative or other right given to any other class or series of outstanding shares, then the increase or decrease must be approved by the vote, in addition to any vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the increase or decrease, regardless of limitations or restrictions on the voting power thereof. The increase or decrease does not have to be approved by the vote of the holders of shares representing a majority of the voting power in each class or series whose preference or rights are adversely affected by the increase or decrease if the articles of incorporation specifically deny the right to vote on such an increase or decrease.
The obvious questions here are, that if there was a controlling Pfd Stock authorized: 1. When was it authorized; 2. Was it required to have been presented to Common Stockholders; 3. Was it presented to Common stockholders; 4. Who were the controlling shareholders at that particular time, and, 5. Were Nevada Statutes violated?
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imakmony2005
unregistered
posted
wallace didnt you shoot that pig?
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posted
Wallace, doing DD, great. Now go back a little farther to CyberMark days and find the filing on the "Pre-Merger Syndicate". I think you will find they own about 80-85% interest, as I recall.
As a pre-merger syndicate, I think you will find that certain rules apply as to voting rights and anonymity.
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posted
Isn't that the shareholders group that charges $$$$$s to join?
Only a fool would join and try to protect UC, RG, CMKX et al from the justice shareholders deserve. How many are from the Christian Trader pumper forum? A response of "most of them" would not be a big surprise. I suspect that that forum is dedicated to getting it's posters to join such a group.
Predominantly, they are the same ones that bought, bought and foolishly kept buying. Now they are trying to circumvent real justice by whining about being hurt if the SEC does what they are supposed to do?
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quote:Originally posted by legaleagle: Wallace, doing DD, great. Now go back a little farther to CyberMark days and find the filing on the "Pre-Merger Syndicate". I think you will find they own about 80-85% interest, as I recall.
As a pre-merger syndicate, I think you will find that certain rules apply as to voting rights and anonymity.
Again, what legal is trying to do is divert attention from the probability that Common stockholders have been screwed by CMKX and UC. It is readily apparent that Common stock does not control CMKX. Otherwise, they would have had a vote in increasing the authorized. Legal wants to go way back when and suggest that is OK. The fact still remains it is not reported to shareholders in filings.
If legal wants to prove otherwise, please do. It will not bother me since, if he finds anything, it will better inform Common stockholders of their true status. Meaningless, except as a bottomless money pit!!
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imakmony2005
unregistered
posted
COME ON BREAK IT UP YOU TWO.SHAKE
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posted
I like the Frizzell stuff.Kind of like a back up ripcoard.I hope the shoot opens before a crash landing happens.I didn't sign up, but I don't have enough shares to worry about compared to all the shares they're packing around.
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posted
I doubt if Fizzle Frazzel will be able to accomplish anything. He and that group are just a nuisance in the way with a very slanted vested interest to the detriment of all stockholders in the market, let alone CMKX. Let this be the example to others who act or try to act in UC's outrageous manner. This judge will ask some in-depth questions and the bottom line is that they violated Exchange Act requirements in a number of ways. I say they knew better and, if they didn't, they sure as hell should have known better. No excuses.
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quote:Originally posted by legaleagle: Wallace, doing DD, great. Now go back a little farther to CyberMark days and find the filing on the "Pre-Merger Syndicate". I think you will find they own about 80-85% interest, as I recall.
As a pre-merger syndicate, I think you will find that certain rules apply as to voting rights and anonymity.
Again, what legal is trying to do is divert attention from the probability that Common stockholders have been screwed by CMKX and UC. It is readily apparent that Common stock does not control CMKX. Otherwise, they would have had a vote in increasing the authorized. Legal wants to go way back when and suggest that is OK. The fact still remains it is not reported to shareholders in filings.
If legal wants to prove otherwise, please do. It will not bother me since, if he finds anything, it will better inform Common stockholders of their true status. Meaningless, except as a bottomless money pit!!
"PAYMENT IN SHARES. On or before Closing of this Agreement or as otherwise agreed to by the Parties, CMKI shall pay to the Seller and its designees the sum of not less than 2,800,000,000 of its common voting shares in certificate form and the sum of $2,000,000."
"THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of November 25, 2002, by and among CASAVANT MINING KIMBERLITE INTERNATIONAL, INC. (formerly Cyber Mark International Corp.), a Nevada corporation, with its principal office located in Las Vegas, NV USA "Company"), and BUCKSHOT HOLDINGS LTD., COMMANDO HOLDINGS LTD., 101010307 SASKATCHEWAN LTD., 101012190 SASKATCHEWAN LTD., 101027101 SASKATCHEWAN LTD., FORT A LA CORNE DIAMOND FIELDS, INC., URBAN CASAVANT/CASAVANT FAMILY, and URBAN CASAVANT agent for PRE-MERGER SYNDICATE (the "Sellers").
The Company shall hold in confidence and not make any disclosure of information concerning an Sellers provided to the Company unless (i) disclosure of such information is necessary to comply with federal or state securities laws, (ii) the disclosure of such information is necessary to avoid or correct a misstatement or omission in any Registration Statement, (iii) the release of such information is ordered pursuant to a subpoena or other final, non-appealable order from a court or governmental body of competent jurisdiction, or (iv) such information has been made generally available to the public other than by disclosure in violation of this Agreement or any other agreement."
Wallace wouldn't you like to know who holds nearly 3 billion common VOTING shares?
This agreement was signed and filed with the SEC long before most of us bought CMKX. If you didn't see it before you bought, whose fault is that?
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posted
Right, a PR from a lawyer. Now I've seen everything. Everybody send in your $25 so Frizzlefrazzle can get rich while the rest of us trade at .00005. Can you see a tiny little speculative company bringing down the mighty SEC? The coffee is brewing, people. You better wake up and smell it because the Koolaid is running short. Cant believe the judge would be that stupid. Sheesh !!!
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posted
I encourage everyone to read the entire Pre Merger Syndicate documents and filings, with understanding. But with a caveat, a little education can be a dangerous thing in here.
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From the PR(I guess)... "Last week, Chief Administrative Law Judge, Brenda P. Murray, ruled in favor of the CMKX Owners Group, and against the SEC Enforcement Division, allowing the Group to intervene and be represented by attorney Bill Frizzell"
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quote:Originally posted by ed19363: Right, a PR from a lawyer. Now I've seen everything. Everybody send in your $25 so Frizzlefrazzle can get rich while the rest of us trade at .00005. Can you see a tiny little speculative company bringing down the mighty SEC? The coffee is brewing, people. You better wake up and smell it because the Koolaid is running short. Cant believe the judge would be that stupid. Sheesh !!!
As with any legal action that embraces a class of people, the attorney must inform all potential members of the class that an action is being commenced if they wish to join that action. That is the purpose of the PR. As far as the $25 is concerned, there is a "scholarship" program for those that cannot afford the payment.
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quote:Originally posted by legaleagle: I encourage everyone to read the entire Pre Merge Syndicate documents and filings, with understanding. But with a caveat, a little education can be a dangerous thing in here.
posted
Yep, but remember the spin was provided by the lawyer. CMKX still has to answer for it's transgressions against the SEC rules. The lawyers may have some input, but cannot affect the outcome of the ruling. Just as UC cant claim ignorance as a defense, the "group" cant say "Dont punish them because we will lose money". The law is the law and if its broken, somebody pays. And as far as stuff from 2002, we need a paleontologist to review some of it. Ancient history does not change the fact that UC doesnt know what the hell he is doing. I M O
-------------------- If I give you bad information, please feel free to sue me. I have nothing left anyway. Ed
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