On March 16, 2005, the Securities and Exchange Commission (Commission) initiated this proceeding with an Order Instituting Proceedings (OIP). The OIP alleges that CMKM Diamonds, Inc. (CMKM Diamonds), violated Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder by failing to file periodic reports, which the Commission requires contain current and accurate information for the protection of investors. The OIP alleges that CMKM Diamonds has not filed an annual report since May 9, 2002, and has not filed a quarterly report since November 18, 2002.
On April 4, 2005, the Division of Enforcement (Division) filed a motion requesting either: (1) a telephonic prehearing conference in the afternoon of April 13, 2005; or (2) postponing the public hearing scheduled for Monday, April 25, 2005, and holding a prehearing conference on that date. The Division further requests permission to file a motion for summary disposition. 17 C.F.R § 201.250(a).
According to the Division, the parties conferred by telephone on March 31, 2005, and among other things, CMKM Diamonds stipulated that it received the OIP on March 17, 2005. Also, according to the Division, during the March 31,2005, call: (1) the parties agreed to request a telephonic prehearing conference for April 13, 2005; (2) CMKM Diamonds conceded that it has not filed the required reports; (3) the parties could not agree on how to settle the allegations; and (4) CMKM Diamonds will oppose any motion for summary disposition.
The Commission's Rules of Practice allow five days from service for replies to a motion. 17 C.F.R § 201.154(b). Because the Initial Decision must be issued no later than July 15, 2005, my Office called Donald J. Stoecklein, who is on the service list and who has communicated with the Division on behalf of CMKM Diamonds. Mr. Stoecklein indicated that he represents CMKM Diamonds and the company will not oppose the Division's motion.
On April 5, 2005, I received a Notice of Appearance and Motion for Third-Party Participation on a Limited Basis from John Martin and others (Owners Group), filed pursuant to Rule 210 of the Commission's Rules of Practice. 17 C.F.R § 210.210. The Owners Group states that it represents more than 400 shareholders who have invested millions of dollars to acquire more than 50 billion shares of CMKM Diamond's common stock. The Owners Group believes that these individuals and other shareholders will suffer significant financial harm if the Commission revokes or suspends the registration of CMKM Diamond's securities. The Owners Group requests that the Commission adopt an equitable interpretation of Rule 210 and allow briefs on the issue of intervention.
On April 8, 2005, I received a pleading from Mr. Stoecklein giving notice that he is counsel for CMKM Diamonds and that he does not object to the motion from the Owners Group.
On April 11, 2005, I received a pleading from Mr. Stoecklein giving notice that he is counsel for CMKM Diamonds and that he does not object to the motion from the Owners Group.
On April 11, 2005, I received the Division's response urging denial of the intervention motion from the Owners Group. The Division notes that paragraph (b) of Rule 210, which allows intervention as a party, and paragraph (c), which allows participation on a limited basis, specifically exclude these types of participation by non-parties in an enforcement proceeding. The Division notes that comments to Rule 210 in 1998 make clear that prohibiting intervention prevents extraneous issues and promotes timely and efficient resolution of the issues.
On April 11, 2005, I received a pleading from Janet Douglas requesting that I dismiss the Owners Group's motion. Ms. Douglas attached two exhibits to her pleading. Exhibit 1 is a statement that shows as of March 25, 2005, Ms. Douglas owned 15,179,779 shares of CMKM Diamonds acquired at a cost of $1,517.98, Exhibit 2 is a Limited Attorney Consultation and Representation Agreement, which solicits persons for a twenty-five dollar fee to join a group of shareholders led by John Martin that has retained the Frizzell Law Firm to represent them in the proceeding. In support of her position, Ms. Douglas cites Rule 210(a) and (c) of the Commission's Rules of Practice which do not allow participation in an enforcement proceeding. Ms Douglas declares she is not represented by the Owners Group and she concludes that, in view of the Commission's Rules of Practice, the motion for limited intervention was entered for pure profiteering.
I received CMKM Diamond's answer on Apr 11, 2005.
Ruling
I GRANT the Division's motion and ORDER a telephonic prehearing conference on Wednesday, April 13, 2005, at 2 p.m. Eastern time. At the prehearing conference, we will consider: (1) whether there are facts in dispute that require a hearing on April 25, 2005, the hearing location, and the other prehearing matters covered by Rule 221 of the Commission's Rules of Practice, 17 C.F.R § 201.221; and (2) whether CMKM Diamonds admits the violations and, if so, what action the Division considers appropriate pursuant to Section 12(j) of the Exchange Act. See E-Smart Technologies, Inc., Exchange Act Release No. 50514 (Oct. 12, 2004).
As noted , one of the purposes for limiting intervention is to promote timely and efficient resolution of the issues. That issue is not present here. This proceeding will proceed expeditiously because the Commission has ordered that an Initial Decision be issued by July 15, 2005. The Division and Ms. Douglas have correctly stated the provision of Rule 210 (a), (b), and (c). Rule 210(f), however, permits an Administrative Law Judge to modify the participation provisions of Rule 210 and impose terms and conditions on the participation of any person as she may deem necessary or appropriate in the public interest. To provide as much transparency as possible to the Commission's actions given the high level of investor concern, I GRANT, pursuant to Rule 210(f), the Owners Group limited participation on the following terms. Bill Frizzell , Frizzell Law Firm, 305 South Broadway, Suite 302 , Tyler , Texas , 75702 , shall be placed on the service list as attorney for the Owners Group and shall receive copies of all filings. The Owners Group will not be allowed to present witnesses or exhibits or to object to any stipulations or offers of settlement agreed to by the parties. As a limited Participant, the Owners Group will be allowed to: participate in the prehearing conferences; request leave to cross-examine witnesses at any public hearing; and file prehearing and posthearing pleadings, if those are odredred. See 17 C.F.R § 201.210(c), (f).
posted
Wasnt this one of CMKX's big claims to diamondiferous fame????
Aztec acquires Carolyn; United Carina, United Pine sue
2005-04-12 22:41 ET - News Release
Mr. Scott Tobia reports
Aztec Mining Corp. has acquired a 100-per-cent interest in four mineral claims in the southern mining district of Saskatchewan, Canada. These claims contain the kimberlite pipe formerly known as the Carolyn. This diamondiferous kimberlite, based on past diamond results by the previous operator, warrants further exploration. The surrounding ground hosts multiple bull's-eye magnetic targets that commonly represent above-basement intrusive rocks. A new ground geophysical survey on the claims is to commence shortly.
A number of scientific studies as well as Geological Society of America Bulletin: Vol. 109, No. 8, page 1000 to 1020 have indicated that the Carolyn, also referred to as the Smeaton pipe, has undergone multiple eruptive phases. This is similar to the Star pipe, which is located about 20 miles southeast of the Carolyn. The Star pipe, owned by Shore Gold, has yielded a 19.71-carat diamond, as well as more than 30 diamonds over one carat in size.
Aztec hopes to delineate kimberlite within the Carolyn, which would correlate to the enriched Early Joli Fou kimberlite phase within the giant Star pipe. After ground geophysics, a drilling program is planned that will focus on any enriched kimberlite phases that are identified in the Carolyn pipe.
United Carina Resources and United Pine Channel Gold have launched a legal action to stop the transfer of the kimberlite pipe formerly known as the Carolyn to Aztec Mining. This injunction was rejected by a Saskatchewan judge. Both parties are making further claims that will be dealt with by Seagrove Capital on behalf of Aztec Mining. Aztec Mining feels the legal action is without merit.
Hope Urby and the boys arent selling claims without their partners knowledge.
posted
Hey, Rico says Has everyone noticed all the pumpers that have come on this board in the last couple days. They are scared and want me to buy there shares. I'm not a pumper nor basher Ric. I lurk this thread and don't post much if ever for CMKX. I have few shares, not millions. This thread is more for bashers it seems like. Most here just talk all negative about this, nothing better to do? If I sounded like a pumper I am not. Why don't we just wait till we all know more. Sure I know there is 703 Bill o/s. What if there is NSS? What if there are many kiberlites with many diamonds? What if all shareholders get their assets into another co? Answer me then why this judge wants this teleconfrence for a pre-hearing today? Also, I doubt they will get revoked. My opinions, not fact. Good day.
IP: Logged |
posted
They are getting Urban's Cell ready as we speak. If he sold Carolyn without telling his partners you can be dammed sure he will need soap on a rope so he won't have to bend in the shower
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
IP: Logged |
posted
Hey guys, I definately lurk more than I post. Not basher or pumper although I do own shares. I will say that this is getting interesting. CMKX's answer was just about what I expected. We do it here all the time. Admit only to what's obvious and deny anything else. I am on pins and needles to see what comes out tomorrow, after this conference call hearing.
-------------------- Legal
"I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones." -- Albert Einstein
IP: Logged |
quote:Originally posted by ed19363: I think I just figured it out....Legal must be an employee of the DTCC....That's where all the bull is coming from these days..
OH, now one of you has finally managed to hurt me.
IP: Logged |
posted
AZTM was just resurrected last November by Ed Dhonau, for the purpose of purchasing the Carolyn and some other claims. He currently holds 16% of AZTM through Nevada Minerals, as per AZTM's last financials filing. Also in those filings, you will find that AZTM holds a 3% share in the Star Kimberlite of Shore Gold, which is exactly the amount that Shawn Spelliscy owned prior to the deal. Spelliscy is the one who filed the claim when the old one expired. Did he see something in the AZTM play that intrigued him enough to give up the Carolyn and the 3% stake? That stake has a buy-back price of a million dollars by Shore. Just put the pieces of the puzzle together.
IP: Logged |
quote:Originally posted by CHIMAN34: Hey, Rico says Has everyone noticed all the pumpers that have come on this board in the last couple days. They are scared and want me to buy there shares. I'm not a pumper nor basher Ric. I lurk this thread and don't post much if ever for CMKX. I have few shares, not millions. This thread is more for bashers it seems like. Most here just talk all negative about this, nothing better to do? If I sounded like a pumper I am not. Why don't we just wait till we all know more. Sure I know there is 703 Bill o/s. What if there is NSS? What if there are many kiberlites with many diamonds? What if all shareholders get their assets into another co? Answer me then why this judge wants this teleconfrence for a pre-hearing today? Also, I doubt they will get revoked. My opinions, not fact. Good day.
Chiman they think that anyone with an independent positive thought is a "pumper".
IP: Logged |
posted
You are right Legal. I don't post much on this thread and I see you always posting things, and about 5 or so always fighting back at you. I say wait till everything comes out. I am sure many lurk this thread but don't want to post when they see all these negative people, I guess we can say bashers, hee hee. Have they nothing better to do? Guess not. I still feel positive about all this, and if it goes down, gone, I move on to another one, that simple. Have fun with these bashers Legal.
IP: Logged |
-------------------- M.M. Semester #3 started,Only 7 more semesters to go. Why, in an age where information is so easy to get, cant we find information on one man. Experience is something you dont get until just after you need it.
IP: Logged |
quote:Originally posted by Monopoly Money: lots of angry people in this thread:)
People usually get very angry when someone steals their investments and feels that they are not accountable to the investors. Good example is Urban Casavant and those who cover for him.
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
IP: Logged |
quote:Originally posted by Monopoly Money: lots of angry people in this thread:)
People usually get very angry when someone steals their investments and feels that they are not accountable to the investors. Good example is Urban Casavant and those who cover for him.
Or the DTCC and those who cover for them.
IP: Logged |
quote:Originally posted by Monopoly Money: lots of angry people in this thread:)
People usually get very angry when someone steals their investments and feels that they are not accountable to the investors. Good example is Urban Casavant and those who cover for him.
Or the DTCC and those who cover for them.
the wheels on the bus go round and round, round and round, round and round
-------------------- M.M. Semester #3 started,Only 7 more semesters to go. Why, in an age where information is so easy to get, cant we find information on one man. Experience is something you dont get until just after you need it.
IP: Logged |
posted
this thread is funny its like watching a dog chase his tail for hours
-------------------- M.M. Semester #3 started,Only 7 more semesters to go. Why, in an age where information is so easy to get, cant we find information on one man. Experience is something you dont get until just after you need it.
IP: Logged |
posted
Question for the masses......this morning at 10:03 about 243 million shares were traded in segments of 9 million each. Who would be purchasing these large volumes, this may be an ignorant question but I am just curious.
IP: Logged |
quote:Originally posted by Monopoly Money: lots of angry people in this thread:)
People usually get very angry when someone steals their investments and feels that they are not accountable to the investors. Good example is Urban Casavant and those who cover for him.
Or the DTCC and those who cover for them.
Good comeback Andrew, but just not true
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
IP: Logged |
quote:Originally posted by stockcrazy: Question for the masses......this morning at 10:03 about 243 million shares were traded in segments of 9 million each. Who would be purchasing these large volumes, this may be an ignorant question but I am just curious.
Simple answer, the MM's trying to buy back the naked shorted shares they issued, before their names end up on the news, or it runa to levels they can't cover.
quote:Originally posted by Monopoly Money: this thread is funny its like watching a dog chase his tail for hours
MM, this isn't the first time in the history of the Allstocks CMKX thread that this has happened. Those who hijacked this thread last fall, don't like for anyone to have an opposing point of view to theirs. They attack the individual over and over until the poster just gives up. You can see this here in the way they immediately jumped on CHIMAN the last two days.
That is why I have become an enigma on this thread. I don't go away when the bashing starts.
I would be perfectly happy to just post DD, reasoned opinion, news of recent developments. But you see, that is what they don't want here. They detest anything that sounds positive about CMKX. Most have sold their shares and are frightened that they made a very bad decision. Others still hold shares but have become disillusioned by the delays of information. Those posters want CMKX to post on their schedule and not the one that is most beneficial to the company and the shareholders. These bashers are more dangerous than paid bashers, because they post for emotional reasons, not for payment.
So yes, the wheels do go round and round; and will until enough reasoned people take this thread back for use as it was intended: The "free" exchange of ideas between investors.
IP: Logged |
posted
-------------------------------------------------------------------------------- They are getting Urban's Cell ready as we speak. If he sold Carolyn without telling his partners you can be dammed sure he will need soap on a rope so he won't have to bend in the shower
Hey Doc, wouldn't it be a hoot if Urban had to serve time in the prison he used to be a guard at? Steve
IP: Logged |
quote:Originally posted by Esteban: -------------------------------------------------------------------------------- They are getting Urban's Cell ready as we speak. If he sold Carolyn without telling his partners you can be dammed sure he will need soap on a rope so he won't have to bend in the shower
Hey Doc, wouldn't it be a hoot if Urban had to serve time in the prison he used to be a guard at? Steve
Well one thing is for sure if he is convicted of fraud he will be deported to Canada to serve time after he faces trial in Canada. So that would be very possible because if you remember the Saskatchewan Securities also have their eyes on him. I think he worked at Prince Albert Pen. I am sure that the boys on the other side of the bars will be very happy (excited) to see him
-------------------- Be Careful Of The Toes We Step On Today, They Could Be Attached To The Butt We Have To Kiss Tomorrow
IP: Logged |
posted
Enigma....gee, a 50 cent word. Legal, you still havent answered my questions.... Where is the good news?? Where are the PRs telling us what's going on?? Where are the drilling results we were promised 2 years ago? Why have we not filed our financials?? I could go on and on, but you consider escaping from jail time as good news. Good news is "Hey, we actually have a company here who has something, does their filings on time, one that has a leader who is doing something other than evading questions and selling billions of shares of worthless (so far) stock. I fully expect you to run off to one of the other boards and posts something pages long about a new lawyer or something. Hell, that isnt good news. The lawyers are the only ones beside UC that are getting rich off this thing. Wake up !!!!!! Lay off the Koolaid for just one week, and let your eyes get accustomed to the new light. Sheesh !!!
-------------------- If I give you bad information, please feel free to sue me. I have nothing left anyway. Ed
IP: Logged |
posted
Here's what legal posted to Monopoly Money:
Those who hijacked this thread last fall, don't like for anyone to have an opposing point of view to theirs.
A: And those such as legal went running off to the CT forum where they did not have to expose stupidity and their la la land dreams to factual, precise and objective posters who did oppose them.
That is why I have become an enigma on this thread.
A: Just an old poster under a different name that brings such ridiculous posts (mostly reposts) to this thread that provide plenty of garbage to run down the disposal.
I would be perfectly happy to just post DD, reasoned opinion, news of recent developments.
A: And is very well noted as a poster of others' posts that are way out in left field, but calls it DD or reasoned opinion. That was and still is his "signature". He is an admitted novice at trading securities.
These bashers are more dangerous than paid bashers, because they post for emotional reasons, not for payment.
A: Factual, not emotional. Objective conclusions not emotional. And not trying to get support for CMKX through religious, childrens' welfare programs (or whatever in Africa) or other avenues....which IS an emotional approach. That is why they went to the CT forum where they could promote their own emotional venues without question or objective discussion.
MM, almost everything legal posts now is a contradiction of what he previously posted. He has one venue. Promote CMKX to the disadvantage of anyone owning it's stock or anyone considering owning CMKX stock. Such promotion can and will only help his vested interest/position as well as that of so many of those who foolishly and constantly purchased more and more millions of CMKX stock as the pps declined. Now they are in a bag and trying to break out in any way they can. They post and repost, assuming someone may not see through the charade and get sucked in. That can only be of help to them.
PS: And the Ed Donhau, of whom he spoke, with interests in CMKX and other companies, also has a questionable past as it relates to improper securities trading.
IP: Logged |
posted
legel, without you this thread would be no fun, i for 1 am glad your still around. but please left me know when your going to start posting reasoned opinions or factual DD about cmkx that is positive. i am glad you bring in the court papers, this is factual DD about CMKX but as of yet its not positive DD. maybe 1 day it may become such but as of now its negitive. i'm glad to see Unitied Carina is unhappy about being cut out of the carolyn pipe, smart move on UC's part as United is the controling interest in the uranium claims. when UC claimed he was inexperianced in business he didn't have to add to his actions in order to continue proof, everything done with CMKX till now is proof enough...lol
-------------------- "keep your stick on the ice & your cup firmly in place"
IP: Logged |
posted
yep i can hear a gavel falling & a jail cell door closing. unless United carina & unitied pine did not fulfill contract obligations on the smeaton claims , which may be the case, UC stole from them. remember the secret core sampled locked away in a wharehouse that the cult believes proves cmkx found diamonds? smeaton a.k.a. carolyn pipe samples
-------------------- "keep your stick on the ice & your cup firmly in place"
IP: Logged |
quote:Originally posted by bill1352: yep i can hear a gavel falling & a jail cell door closing. unless United carina & unitied pine did not fulfill contract obligations on the smeaton claims , which may be the case, UC stole from them. remember the secret core sampled locked away in a wharehouse that the cult believes proves cmkx found diamonds? smeaton a.k.a. carolyn pipe samples
bill since you seem to now be stuck on the AZTM:
The claim on the Carolyn was due to expire last year. Spelliscy had already put people in the line and offered to hold the Rick Walker/United Carina/CMKX spot in line for $15,000. Walker agreed and paid Spelliscy. Spelliscy's people stood the line until the opening hour of claiming day. Here is where the "confusion" begins. Walker claims that Spelliscy was supposed to claim the Carolyn etal for United Carina. Spelliscy claims his agreement was just to "stand the line" for Walker and Walker was to come in and take the place in line and claim it for himself. Spelliscy has stated that when Walker didn't appear to take his place in line, Spelliscy claimed it for himself. When Walker wouldn't up the ante, demanded by Spelliscy, Spelliscy put the claim on Ebay to "push" Walker into agreeing on the new price. Most of this in the court records which I had faxed to me from Saskatchewan. That is DD.
In November of last year, and apparently in response to the "problem" being created by Spelliscy, reached in the file drawer of Shell corps and pulled out Hartigan Inc. He activated an old CMKX poster and HH Gregg manager, Scott Tobia and placed him as CEO and sent him off to buy the Carolyn from Spelliscy. Which he did. They threw in an old gold mining claim in Alaska and "voilla" AZTM is a key player in the CMKX Family of corportations. Either way the court case comes out, The CMKX Family wins the Carolyn.
What makes this so intriguing, is the 3% of Shore Gold's Star Kimberlite that is reported in AZTM's financials. Spelliscy stood the line for Shore on the Star as well, and was awarded a 3% fee for his services. That right was valued with a buy-back clause from Shore for a million dollars.
So is that the same 3% that AZTM is claiming on their financials after negotiating the Carolyn with Spelliscy? If so, what did Spelliscy see in AZTM's business plan that made it worth a million dollars to him? Those are the questions a good investor does DD to find out about. If you can find out why AZTM's play was worth a million dollars to a diamond mining "wheeler dealer" like Spelliscy; then you can find out why it might be worth that much to you.
How do I know these things? The DD I am accused of not doing. I spent over an hour personally with Scott Tobia in his office talking over the operations, viewing the samples of kimberlite that he had just returned with from Sask. I then spent over 20 hours researching the entire AZTM / Scott Tobia / CMKX connections. I established relations with the Sask Court Reporter so that I could keep informed about the case as it progressed. Many more hours were spent examining Ed Dhonau and his background and connections with CMKX and other corporations that he has been involved in. I then examined those connections and their officers, directors and operations. That is more DD that I have been accused of not doing.
And after all of that, I bought AZTM, because I don't doubt that they are part of the CMKX play in Sask. I am personally convinced that the whole thing is involved with Shore Gold and the interplay between the companies planned joint mining operations.
So bill, I have expanded my original post about AZTM, in case you missed it above. It is of course just my opinion based on DD, and I certainly don't recommend that you or others who read this invest in AZTM or their parent co. CMKX. Actually I don't even expect you to read this whole post, any more than you have the others.
IP: Logged |
posted
Poor legal...all those hours wasted and not one FACT in the whole post, plus he still cant answer my questions....just like Andy, they must be brothers.
-------------------- If I give you bad information, please feel free to sue me. I have nothing left anyway. Ed
IP: Logged |
UBBFriend: Email this page to someone!
Printer-friendly view of this topic
![[Big Grin]](biggrin.gif)
![[Smile]](smile.gif)
