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Author Topic: CMKX FILES RESPONSE TO SEC
TANGO42
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quote:
Originally posted by Wallace#1:
Tango, what you are suggesting would literally stop the market/trading on various stocks at various times. In short, the market of any given stock would stop and start instead of running continuosly. You would have no idea where to place your buy/sell becaues the MM or Specialist is not filling the voids in between rises and/or falls of the pps. Without shorting (legal shorting) done according to the rules, if a stock last sold at .05 and there is none available for the MM or Specialist to sell to the next buyer (either + or - the last sale), that stops the market at that point until more shares can be purchased from another seller. No continuity in that kind of market...too eratic.

No, I'll accept short selling under the legal rules. That is what provides the liquidity for all traders....public or otherwise.

WALLACE
Are you saying "the end justifiys the means" in this case stealing=orderly market?
I thought my earlier comment allowed for legal rules T+3. At what Tday can I get my money back on fail to deliver?

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Wallace#1
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Tango,

Of course the end does not justify the means! You wrote, "in this case stealing =orderly market". Are you speaking of CMKX, companies on the SHO list or naked short selling in every case? I am saying if policed properly, it can be made to operate correctly. As far as getting your money back is concerned, just sell whatever represents what you think is naked shorted. It is not the same as dealing with a retail store where if you take the product back you get your money back. It is an auction process.

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legaleagle
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Bo14172
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Posts: 53
If your happy and you know it...
« Thread started on: Apr 28th, 2005, 10:36pm »

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It's probably for a different reason than why I am.

Guys and gals, to prove the naked short they need to collect as much evidence as necessary to prove their case.

In any effort of legal defense, discovery is as common as breathing, so today's subpoena is very important but standard practice to gather evidence. A subpoena by itself can be approved, quashed or amended by the judge. So, discovery filings to me were expected and will continue. Which leads me to the source of why should spike our Kool-Aid this weekend.

Today were 2 filings with a purpose, each intertwined and supporting the other. The one most eyeopening was Atty Frizzell's motion. From Atty Frizzell's Motion to Change Place of Hearing, it states:

"The company has in excess of 50,000 shareholders."

http://cmkxownersgroup.com/

Currently 4.8% of the shareholders own 25% of the O/S, thus very likely 4.8% of the shareholders own 40%-50% of the float.

There is strength in numbers. WE ARE PROVING THE NAKED SHORT POSITION. Our numbers add weight and relevance to the subpoena.

The 8 words in statement within the filing are the best 8 words I have read since investing in this stock.

Who's job is it to spike the Kook-Aid this week?
Tell them to make it a double, this is only the tip of the iceberg my friends.

Bo

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legaleagle
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Street Shares: 159,285,839,218 Cert Shares: 18,963,471,319
Total Shares: 178,249,310,537 Signed Agreements: 2455

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Wallace#1
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legal reposted: "Guys and gals, to prove the naked short they need to collect as much evidence as necessary to prove their case."

NOW HEAR THIS!!!! NSS IS NOT PART OF THE CASE!!!

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legaleagle
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NOW HEAR THIS ALSO. IF YOU DON'T KNOW HOW MANY SHAREHOLDERS THERE REALLY ARE, YOU CANNOT REPORT THE NUMBER.
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Doctoall
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quote:
Originally posted by legaleagle:
NOW HEAR THIS ALSO. IF YOU DON'T KNOW HOW MANY SHAREHOLDERS THERE REALLY ARE, YOU CANNOT REPORT THE NUMBER.

Maybe they should have kept more accurate records, you think?? Urban was not looking to keep records, just spend our money. Urban=Evita [Big Grin]

Down with this scam!!!!!!

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ed19363
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quote:
Originally posted by legaleagle:
NOW HEAR THIS ALSO. IF YOU DON'T KNOW HOW MANY SHAREHOLDERS THERE REALLY ARE, YOU CANNOT REPORT THE NUMBER.

SCREW THE NUMBERS !!!


This case isnt about numbers, it's about whether CMKX has broken any SEC regulations....PERIOD !!
You Koolaid drinkers are missing the point here. IF UC BROKE THE LAW, IT DOESNT MATTER WHAT THE NUMBERS ARE ...... WILL YOU PEOPLE EVER GET A CLUE !!!!!!

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Upside
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Wow, tempers flaring, emotions swinging violently, nerves rubbed raw..., life is good.
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Doctoall
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"Don't cry for me Urban Casavant, the truth is you never cared about the shareholders" "You just took our money, ran your race cars, and faked your diamonds" "You total jack***"

Sing to the tune: Don't Cry For Me Argentina

Urban = Evita.

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Ric
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The stockholders group proves nothing. For one no one know the structure of the o/s. For all we know UC only holds the 600 million he locked up. Theres no proof otherwise. Other thing. You and others keep using 50,000 share holders total. There is no proof of that either. It was in one of the koolaid theories and has been twisted into fact but no one knows. Might only be 5000. Next there still is no proof that the numbers provided to the group are real. Just longs that have lied before stating they own this many shares. Last but not least. The ones that own the most shares probably signed up for this first. I would guess that a lot of 2 million and under did not sign up because there money wasn't worth the $25. Its the poor that put just a couple hundred into this because thats all they could afford that can't afford the $25 and hurt the worst in this.

Wouldn't it be funny if UC did only have the 600 million and WillyLizard with his 900 million he claims he owns was the majority stock owner. roflmao.

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bill1352
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2005-04-29 11:34:27
B: Zoomingstocks.com: End-of-Week Stock Update: (OTCBB: CMKX) DTCC Requests Subpoena of DTCC for upcoming Administrative Hearing ( M2 PRESSWIRE )

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Carlsbad, Ca, Apr 29, 2005 (M2 PRESSWIRE via COMTEX) -- Zoomingstocks.com
mid-week stock update is focused on, NMC, Inc. and CMKM Diamonds, Inc.

Late Breaking News: CMKM Diamonds has submitted a request to the court to
subpoena the Depository Trust and Clearing Corporation, "as they may have
evidence relative to the hearing in this matter", states the subpoena. This turn
of events is unprecedented and unheard of. The subpoena was issued at the
request of CMKM Diamonds, Inc. by Donald Stoecklin and the Stoecklin Law Group.
The purpose of the subpoena is unknown at this time; however, CMKM Attorneys
have requested all manner of documentation both paper and electronic and any
records pertaining to transactions dealing with CMKM Diamonds, Inc. to be made
available for inspection at this hearing.

About the DTCC - The Depository Trust & Clearing Corporation (DTCC), through its
subsidiaries, provides clearance, settlement and information services for
equities, corporate and municipal bonds, government and mortgage-backed
securities, over-the-counter credit derivatives and emerging market debt trades.
DTCC's depository also provides custody and asset servicing for more than two
million securities issues from the United States and 100 other countries and
territories. In addition, DTCC is a leading processor of mutual funds and
insurance transactions, linking funds and carriers with their distribution
networks. DTCC has operating facilities in multiple locations in the United
States and overseas.

CMKM Diamonds, Inc. was recently featured in the Zoom Generation Newsletter, a
weekly subscription publication from Zoomingstocks.com as being the subject of
the "trading rebate program" which creates incentives for traders to engage in
transactions with no economic purpose other than to receive market data fees.
The SEC believes that such trading may distort the actual volume of trading in
these securities. Moreover, the Commission is concerned that the structure and
size of market data revenue rebates may be distorting the reporting of trades,
and that these rebate programs may reduce the regulatory resources of the
markets and reallocate the funding of regulation among participants.

Ever wonder why CMKX and other sub-penny stocks have such a high volume of
trades per day? This trade rebate program accounts for a majority of those
trades. The SEC is implementing reforms under Regulation NMS to curtail some of
this activity and allow only relevant trades to be counted in the day's volume.

CMKM Diamonds, Inc. will in less than two weeks appear at a hearing in Los
Angeles to answer allegations by the SEC concerning its claims and corporate
governance. Tremendous support and outpouring by shareholders loyal to CMKX is
expected to draw attention to some of the ills of the current abuse of sub-penny
stocks through many of the systems and sub-systems intended to facilitate the
management and clearing of the stock market. This technology has only made it
easier for traders to tilt the scale towards them at the loss of billions of
shareholder dollars. Towards this end, CMKX is finally going to have their day
in court and attempt to address and expose some of these issues.

Recently a CMKX shareholder, Mr. John Martin, of Tyler, Texas began a solidarity
effort aimed at unifying the CMKX shareholders. The CMKX Owner's Group will look
after their interests in the upcoming hearing of allegations made by the SEC
against CMKM Diamonds, Inc. These allegations are being made under the pretense
of shareholder protection. Knowing that his investment was at no time under the
protection of the SEC, Mr. Martin elicited the legal services of the Frizzell
Law Firm to represent himself and has since invited other CMKX shareholders to
participate making the Group more credible in its intention. Mr. Martin has
successfully inducted over 2320 members to date.

--------------------
"keep your stick on the ice & your cup firmly in place"

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legaleagle
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quote:
Originally posted by Doctoall:
quote:
Originally posted by legaleagle:
NOW HEAR THIS ALSO. IF YOU DON'T KNOW HOW MANY SHAREHOLDERS THERE REALLY ARE, YOU CANNOT REPORT THE NUMBER.

Maybe they should have kept more accurate records, you think?? Urban was not looking to keep records, just spend our money. Urban=Evita [Big Grin]

Down with this scam!!!!!!

And still spending our money. This just out from the Claims Bureau:

CMKX has filed 30 thousand acres of new claims attached to the Northwest corner of the Great Western Diamond claims north of the fort.

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bill1352
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well we got our answer to why the volume is so hi & for so long. nothing to do with naked shorting. it a side income of mm's for data collection. they get paid to make trades between each other. i'd say that throws a lot of arguments out the window on both sides of the fence.

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Ric
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First time I have heard of this. It does answer a lot of questions. But looks to hurt CMKX.


"the "trading rebate program" which creates incentives for traders to engage in
transactions with no economic purpose other than to receive market data fees.
The SEC believes that such trading may distort the actual volume of trading in
these securities. Moreover, the Commission is concerned that the structure and
size of market data revenue rebates may be distorting the reporting of trades,
and that these rebate programs may reduce the regulatory resources of the
markets and reallocate the funding of regulation among participants."

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bill1352
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thinking about it, i'd say that would be a great way for mm's to maniplulate a pps. wouldn't matter to a .0001 POS with a 703 billion o/s but a stock with a hi o/s say 1 billion or close, you see 30 trades go buy at the bid but the bid doesn't move ppl would get scared & sell thus truly driving the bid down. i can think of 2 stocks in the last 2 weeks i owned & watched that happen. today & yesterday with HISC for example.

add-on....HISC has a 950 million o/s. they are retiring 450 million of that. insiders own 65% of the 950 million & there are no prefered shares of any kind. thus the float is about 350 million. in the last 3 days it has traded over 50% of that float. today the ask has dropped 4 times as buys were coming in. there are more trades between bid/ask then at bid & the pps has dropped. its about 65% of the trades at ask now.. you tell me why this would work like that other then a lot of fake trades

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ed19363
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quote:
Originally posted by bill1352:
well we got our answer to why the volume is so hi & for so long. nothing to do with naked shorting. it a side income of mm's for data collection. they get paid to make trades between each other. i'd say that throws a lot of arguments out the window on both sides of the fence.

Yup...again everybody makes money but the little guy. And it wont matter anyway after the 10th if UC and/or CMKX is found guilty and barred.
Personally, I'm looking for the SEC to close it down completely. And if CMKX tries anything with CIM (?), SEC will shut that down too. You just cannot screw with the big boys. There's too many of them and they have too many resources.

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If I give you bad information, please feel free to sue me. I have nothing left anyway.
Ed

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Upside
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Gotta give them some credit for sporting steel ones, now they've subpoenaed the SEC as well.

http://www.cmkxownersgroup.com/CMKMSubpoenatoSEC.pdf

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Ric
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LOL, next thing you know they will park Scott Peterson's boat near the court house for distraction.

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legaleagle
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quote:
Originally posted by Upside:
Gotta give them some credit for sporting steel ones, now they've subpoenaed the SEC as well.

http://www.cmkxownersgroup.com/CMKMSubpoenatoSEC.pdf

I guess that removes the stall tactics speculation. They want the trading records, and it is not likely that a Federal Agency will resist or delay a subpoena like the DTC would.
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ed19363
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quote:
Originally posted by legaleagle:
quote:
Originally posted by Upside:
Gotta give them some credit for sporting steel ones, now they've subpoenaed the SEC as well.

http://www.cmkxownersgroup.com/CMKMSubpoenatoSEC.pdf

I guess that removes the stall tactics speculation. They want the trading records, and it is not likely that a Federal Agency will resist or delay a subpoena like the DTC would.
LOL....Ever had any dealings with the IRS???

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If I give you bad information, please feel free to sue me. I have nothing left anyway.
Ed

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Ric
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You know this they stole from me so I lied and stole from the shareholders isn't going to work. They can claim that they were manipulated all they want. It doesn't matter if they were. You can't break SEC rules just because you feel you were wronged. If you have a problem you address it and try and stop the problem within the law. Tell shareholders. release PR's and get others involved.

But to lie on form 15, dilute shares by selling unregistered stock itsn't going to make things better. The hearing is did you lie and sell unregistered shares. Also where is the filing you promised.

You know they are in trouble by all the distractions. They want to claim that they were illegally shorted so we shouldn't be punished. It's like a bank robber using a defense that since he was robbed once that it gave him the right to rob. Guess what. He will go to jail anyway.

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bill1352
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there ya go Ric, using logic , facts & the truth. you'd make a lousy defense lawyer. the cult thinks that the n/s stuff will bring a huge pay day. ok, lets say its naked shorted 500 billion shares, so what. right now with the number of shares registered with frizzy the pps is right where it should be & we all know most of the shareholders are not part of the cult or group & thus most of the shares are not counted. they are getting close to 200 billion so a safe & low guess gives us 500 billion held & that number is probably more. with all the trouble around cmkx if the mm's run the pps to a bid of .0004 they wont be able to fill the number of trades that fly in. they will need to add staff to cover all the sell orders. thus this great pay day goes down the drain & everyone that sold will be thrilled & the o/s is still left at a stupidly hi number, the pps drops again & its over. that is if it makes it past the court date.

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Doctoall
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As we the share holders have no say what so ever, I would still vote to "Shut It Down" they are crooked and trying to lay blame anywhere that they can. I pray that the SEC does that for me [Smile]

Urban = Evita Stick it to the shareholders.

SCAM and still trying to suck other in [Big Grin]

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Doctoall
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PPS at 0.0008 got to be a mistake [Big Grin]

It is [Big Grin]

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legaleagle
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Street Shares: 163,149,220,594 Cert Shares: 18,922,521,570
Total Shares: 182,071,742,164 Signed Agreements: 2553


WOW THAT'S A HUNDRED NEW SHAREHOLDERS JUST DURING THE BUSINESS DAY TODAY.

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legaleagle
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quote:
Originally posted by Doctoall:
As we the share holders have no say what so ever, I would still vote to "Shut It Down" they are crooked and trying to lay blame anywhere that they can. I pray that the SEC does that for me [Smile]

Urban = Evita Stick it to the shareholders.

SCAM and still trying to suck other in [Big Grin]

DOC, that's the wonderful thing about our judicial system. You have a right to get an attorney and join in just like the Owner's Group has done.
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ed19363
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quote:
Originally posted by legaleagle:
Street Shares: 163,149,220,594 Cert Shares: 18,922,521,570
Total Shares: 182,071,742,164 Signed Agreements: 2553


WOW THAT'S A HUNDRED NEW SHAREHOLDERS JUST DURING THE BUSINESS DAY TODAY.

Stock up on Koolaid. Still dont make any difference to the law.

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If I give you bad information, please feel free to sue me. I have nothing left anyway.
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legaleagle
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By: phxgold
29 Apr 2005, 02:23 AM EDT
Msg. 203638 of 204161
Jump to msg. #
Anyone think this was not set up by the company to go to court? The SEC dosent even follow theyre own regs. please read carefully the regs here

according to 12-g rules
"a class of securities registered under the exchange act can be deregistered if (1) the shareholders of record in the appropriate class fall below 300, or(2) if the issuer has fewer than 500 sharholders of record(but more than 300) in the appropriate class and its total assets did not exceed $10 million on the last day of each of its three most recent fiscal years, termination takes place 90 days, or such shorter period as may be authorized by the commision, after the issuer files a certification with the commission reciting the appropriate factual basis for deregistration.

y/e 2002=never filed

y/e 2001
Total Assets=$373
Total shareholders=At December 31, 2001, there were approximately 35 holders of record of the Company's common stock. As of December 31, 2001, there were approximately 342,223,510 shares outstanding
http://sec.gov/Archives/edgar/data/1092299/000111776802000011/cyberk.htm

y/e 2000
Total assets=$ 137,775
Total shareholders=As of March 31, 2001, there were 24 holders of record of our common stock. On
that date there were 18,758,600 shares of common stock outstanding


y/e 1999
Total assets=$ 345,827
Total shareholders=NONE Our common stock became eligible for quotation on the OTC Bulletin Board on
February 14, 2000, under the symbol "CMKI". On August 25, 2000, we issued a
stock dividend of one share for each share of common stock outstanding on August
11, 2000. The following table sets forth, for the periods indicated, the high
and low unpriced quote trades for our common stock as reported on the OTC

Looks like another neat lil package see casavant cant get the numbers cuz they were never filed in 2002 before the 14c was done so that means it goes back to 1999. therefore reading the rules we did qualify to be removed from the otc.bb. Looks like a ruse to get the sec to fix our lil nss problem in an open forum to me.
According to sec regs the company IS not in the wrong no matter what the form 15/a or letter from the t/a stated IMO
~Phx

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legaleagle
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senna
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Posts: 2005
Re: *CMKX Shareholders, get psyched! This could be
« Reply #6 on: Apr 28th, 2005, 12:02am »

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IMO IBM told UC and company you can not make a deal with the SEC...they will always find something to suspend us. Many believe we were halted we never were halted because we do have the goods otherwise last Nov we would have been halted for good but we were suspended and allowed to traded then in March 05 the same thing.

IBM informed UC if he signed the filings he would be commiting a federal crime, the SEC pushed hard last fall for him to sign and when he didn't they shut the release of specific info down at the party with threats.

So IBM has instructed UC that in order to go about our business we have to go over the SEC to the law makers hence Senator Bennett, he has already dressed down Bill "I am incompetent" Donaldson head of the SEC. IBM knows the only way to get them off our backs is to go the nuclear route and that is get in front of a judge to start the process and hopely land in front of a senate sub commitee they have power plus it's IBM's forte'.

Remember the DTC is not regulated by any outside agency except the SEC...get my drift.

I may be way off but that will be soon revealed that is my opinion and I am sticking to it...don't forget IBM's financial investigation firm I have been posting about for months...that will be the money trail, the profit is going somewhere and as in most criminal activity it is always a select few that profit BIG.

The beauty of technology will soon be demonstrated by IBM and his investigators that all have federal back grounds and his 9 offices world wide...they investigate us and we investiagte them, no other company has had this at their disposal except us.
Good Night and May 10th here we come...
senna

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Doctoall
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quote:
Originally posted by legaleagle:
quote:
Originally posted by Doctoall:
As we the share holders have no say what so ever, I would still vote to "Shut It Down" they are crooked and trying to lay blame anywhere that they can. I pray that the SEC does that for me [Smile]

Urban = Evita Stick it to the shareholders.

SCAM and still trying to suck other in [Big Grin]

DOC, that's the wonderful thing about our judicial system. You have a right to get an attorney and join in just like the Owner's Group has done.
No thanks I have already been sucked in for enough money. And there is nothing wonderful about a system that allows cheats like Urban et al to take people for hard earned money. [Big Grin]

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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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Doctoall
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Legal: They got Martha, they got Lay and they will get Urban [Big Grin]

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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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legaleagle
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By: phxgold
29 Apr 2005, 02:25 AM EDT
Msg. 203639 of 204174
(This msg. is a reply to 203638 by phxgold.)
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The last day of the last 3 fiscal years. CMKX F/Y ends on Dec 31, How many shareholders there were in july is irrelevant.
~Phx

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legaleagle
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By: phxgold
29 Apr 2005, 02:38 AM EDT
Msg. 203641 of 204175
(This msg. is a reply to 203640 by volkaca.)
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I think the master shareholders list will show exactly the same % ownership of the"the sellers" and uc and family as the 14c did and that 96.5%. The dilution is nss. I believe that is why the company is offering both the list from 2003 and from present. If they dumped into the market they would have no need to show it. JMO ~Phx

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legaleagle
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By: phxgold
29 Apr 2005, 04:45 AM EDT
Msg. 203650 of 204175
(This msg. is a reply to 203645 by scanner72.)
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scanner you are missing some important info here read the regs
according to 12-g rules
"a class of securities registered under the exchange act can be deregistered if (1) the shareholders of record in the appropriate class fall below 300, or(2) if the issuer has fewer than 500 sharholders of record(but more than 300) in the appropriate class and its total assets did not exceed $10 million on the last day of each of its three most recent fiscal years, termination takes place 90 days, or such shorter period as may be authorized by the commision, after the issuer files a certification with the commission reciting the appropriate factual basis for deregistration.

y/e 2002=never filed because they werent required the first fiscal year end for cmkx was 12/31/2003. prior year ends were for the cmki shell. only a 10q was required from cmkx for 2002.

y/e 2001
Total Assets=$373
Total shareholders=At December 31, 2001, there were approximately 35 holders of record of the Company's common stock. As of December 31, 2001, there were approximately 342,223,510 shares outstanding
http://sec.gov/Archives/edgar/data/1092299/000111776802000011/cyberk.htm

y/e 2000
Total assets=$ 137,775
Total shareholders=As of March 31, 2001, there were 24 holders of record of our common stock. On
that date there were 18,758,600 shares of common stock outstanding


y/e 1999
Total assets=$ 345,827
Total shareholders=NONE Our common stock became eligible for quotation on the OTC Bulletin Board on
February 14, 2000, under the symbol "CMKI". On August 25, 2000, we issued a
stock dividend of one share for each share of common stock outstanding on August
11, 2000. The following table sets forth, for the periods indicated, the high
and low unpriced quote trades for our common stock as reported on the OTC

Looks like another neat lil package see casavant cant get the numbers cuz they were never filed in 2002 before the 14c was done so that means it goes back to 1999. therefore reading the rules we did qualify to be removed from the otc.bb. Looks like a ruse to get the sec to fix our lil nss problem in an open forum to me.
According to sec regs the company IS not in the wrong no matter what the form 15/a or letter from the t/a stated IMO

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