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johnnyic · 2011-07-21 14:53:22

Corporate Updates

KEVIN WEST AWARDED 9 BILLION SHARES TO THE NEW BOD AND THEN WALKED AWAY

June 25, 2010

Dear shareholders,

I am very aware that shareholders are exhausted, frustrated and some are even angry that so much time has elapsed and nothing has come from their original investment in this Company. I understand that many of you are even under extended pressures from friends and relatives because you also talked them into investing and now they are looking to you for answers. I too have many friends and family members that are shareholders of CMKM and they are also looking for resolution.

When Mr. Casavant turned this Company over to me and resigned in March of 2007, I still believed that there were stones left unturned that would allow for a quick resolution and turnabout of the circumstances for the benefit of the shareholders. I made promises to you with full intention to keep you updated and fully aware of the current activities of the Company on a continual basis. To all of our dismay, the unturned stones that were found did not show anything that promised a quick resolution to the benefit of the shareholders. In fact, the information that we became in possession of showed anything but the promises of a quick resolution. Working daily in the atmosphere of ongoing litigation is not anything remotely close to what I had hoped was waiting for shareholders just around the corner in March of 2007.

In an April 20, 2007 press release I had the most unpleasant duty of telling shareholders what was uncovered just days before when several boxes of documents arrived at the Frizzell Law Firm. What was in those boxes foretold just the beginning of the heartbreaking story that we eventually uncovered that told us what really happened with our investments. Once this occurred, CMKM was forced into litigation mode that required extreme amounts of time to be dedicated to investigation and discovery of the facts which has led to the possession of several hundred thousand pages of documents. Because of those events, the Company was not left with many new things to report to shareholders on a daily, weekly or even monthly basis. I can no longer discuss matters that may end up being part of litigation and wish to thank Bill Frizzell for his recent update to the Company that he allowed us to post on the website last month for all of you to see.

Just one week before Mr. Casavant resigned we were advised by then corporate counsel J.T. Moran III to put the Company into bankruptcy. However, we did not take that advice and the Company is still alive today and has a fighting chance to succeed in some way. It is the belief of current management that through our diligent efforts of seeking restitution through the courts that CMKM will have its most reasonable chance to once again become a publicly trading company. Management is making every realistic effort possible to set up the foundation of the Company so that it is ready to move forward once the larger recoveries are made. Currently, there have been a few small settlements won by CMKM that have enabled the Company the ability to continue forward with litigation, budget the initial and monthly fees of hiring the new transfer agent, corporate overhead, agreed upon reduced salaries for officers, the payment of property taxes along with the upkeep on two properties obtained in one settlement (see corporate updates 4.21.2009 & 5.11.2009) and the engagement of a CPA firm that is currently and diligently working to reconstruct financial records from 2002 forward with the intention of fully audited financials.

I still believe that CMKM Diamonds, Inc. was a victim of naked shorting or at the very least had one of, if not THE, largest failure to deliver problems that ever existed in the U.S. markets. I recently visited personally with attorney Al Hodges at his office in Pasadena. Most of you are already aware that Mr. Hodges is seeking the release of funds that he believes were collected on behalf of the CMKM shareholders. I have known and remained friends with Al Hodges ever since that fateful day in March of 2007 within an hour or so after Urban Casavant turned the Company over to me. I find Al Hodges to be extremely forthright, honest and fully believe he is working only for the best possible outcome and benefit of all shareholders of this Company. I was not privileged to the evidence that he maintains; However, after my visit with him early this month it is my personal opinion that he is 100% committed to his current actions and that he firmly believes, without any room for doubt, that he has irrefutable evidence of funds being held for eventual distribution to the CMKM shareholders and that he believes that the release of those funds is imminent.

Moving forward, while the current paths of CMKM and attorney Al Hodges are not exactly the same, both can coexist independently with each one working towards an outcome that is intended to be of the best possible benefit for all shareholders. Mr. Frizzell stated in his last litigation update, â€œI personally think Al Hodges is a very capable and experienced attorney. I am hopeful that his litigation is successful but CMKM management does not have the luxury of waiting to see what will come of that lawsuit. Based on the recovery sought in the Hodgeâ€™s suit, if it is successful, the matters being litigated by the Company will pale in significanceâ€ .

In past updates, the Company has requested that anyone with direct knowledge of anything that may be of financial benefit to the Company and its shareholders to step forward with your information and the Company will investigate it fully. I want to once again extend this offer to everyone. A new email address has been set up specifically for this purpose: NewInformation@cmkmdiamondsinc.com. Please note that any email submissions to this address that do not have to do specifically with providing new information that can be of help to the Company will be promptly deleted. No emails will be answered or forwarded from this address. It is my sincerest hope that this new attempt to allow for usable information to come directly to the Company will not be abused and can be maintained for the sole purpose for which it is being provided.

Because the Company is not in the possession of any materials, documents or knowledge of any kind that points to a trust or any other means of monies or assets having been gathered, demanded or put aside for the Company and/or its shareholders we have had to move forward with the information that we do have available to us which is one of the reasons for our current litigation.

I want to commend Transfer Online for doing a fantastic job to get the initial onslaught of shareholders taken care of with their requests for account s to be set up. Most people will probably not ever be able to comprehend the enormous task that was undertaken by the new transfer agent to get this under control and taken care of. To add to the scope of the task, there were several problems that were reported to them by shareholders that had to be fully researched and eventually led to only a few inaccuracies from the records of our former transfer agents that had to be corrected. As per the shareholder list created with the new transfer agent on April 7, 2010 there are: 800,000,000,000 common shares authorized; 703,514,957,466 common shares issued and outstanding; zero preferred shares authorized or issued and 48,679 shareholders of record. Currently there are only 8,862 security account holders that have registered with Transfer Online for access to their accounts.

There are still a large number of shareholders that have electronic shares being held in brokerage houses both foreign and domestic. Since these shareholders do not have physical certificates, they are not included in the current number of shareholders of record listed above. Brokerage houses and clearing firms holding bulk certificates that are theoretically used to back up all electronic shares held by their firms are each counted as one shareholder but each of them may be representing tens, hundreds or even thousands of account holders (CMKM shareholders) and these are shareholders that we do not have all of the names or current addresses for. To give you an example of most but not all of the brokerage houses/clearing firms and their holdings as per the shareholder list of 4.7.2010 represented in bulk certificates: **

A.G. Edwards & Sons LLC
229+ Million shares

ADP Clearing & Outsourcing Services
486+ Million shares

Ameritrade,Inc. 21+ Billion shares

Banc of America Securities LLC
3+ Million shares

Bear Stearns Security Corp.
73+ Million shares

Brown Brothers Harriman Co.
914+ Million shares

Brownco LLC
Zero shares

CEDE & Co
17+ Million shares

Citigroup Global Markets, Inc.
2+ Billion shares

Etrade Clearing LLC
27+ Million shares

First Clearing LLC
42+ Million shares

Gerlach & Co.
131+ Million shares

Goldman Sachs & Co.
410+ Million shares

H & R Block Financial Advisors
2 Million shares

Hare & Co.
212+ Million shares

HSBS Securities
34+ Million shares

Janney Montgomery Scott LLC
49+ Million shares

Larko c/o Emmett A Larkin Co., Inc.
120,000 shares

Merrill Lynch Pierce Fenner & Smith
192+ Million shares

Morgan Keegan Co., Inc.
42+ Million shares

Morgan Stanley & Co., Inc.
416+ Million shares

National Financial Services Inc.
4+ Billion shares

NBCN Clearing, Inc.
11+ Million shares

North American Clearing, Inc.
17+ Million shares

Pension Financial Services Inc.
Zero shares

Pershing LLC
2+ Billion shares

Piper Jaffray & Co.
3 Million shares

Raymond James Associates, Inc.
700+ Thousand shares

RBC Dominion Securities
2+ Billion shares

Rush & Co. c/o Swiss American Securities, Inc.
298+ Million shares

Scotia Capital, Inc.
1+ Million shares

Scottrade, Inc.
Zero shares

Sterne Agee and Leach, Inc.
1+ Million shares

UBS Securities LLC
594+ Million shares

Vanguard Brokerage Services
104+ Thousand shares

Wells Fargo Investments LLC.
8+ Million shares

** Please note that these figures represent bulk holdings. Some of the firms represented are holding certificates for individual accounts as the custodian. These custodian accounts are generally representing IRA type accounts and the figures above do NOT include those certificates. (For example: Scottrade, Inc. has zero shares in bulk but they have several individual certificates held as custodian for IRA type accounts of individuals)

As you can see, there are many shareholders not yet fully accounted for because their shares are held in electronic form and not held in physical certificates. If you have not signed up for your account yet at www.TransferOnLine.com, it would be of benefit to you and the Company to do so. This account is completely free of cost to each shareholder. By signing up for your free account you will be able to make address changes which in turn will enable the Company to have your most current mailing address so that it is available for any possible needed communications to include a future shareholderâ€™s meeting.

CMKM intends to hold its first ever official shareholderâ€™s meeting within the next 12 months. As you could imagine, this event will be an extremely large undertaking with a great deal of organizational and monetary requirements to make it happen correctly. To begin preparing for this event now, it will be necessary to have current information for as many shareholders as possible. If you intend to be able to vote via proxy you will need to have a certificate in your name and have a current address on file with the transfer agent. If you have electronic shares only, then your vote(s) will be held by the brokerage or clearing firm that is theoretically holding the bulk certificate for your position.

In closing, I know that some shareholders are hurting very badly due to economic times and/or health conditions that could possibly be helped with any kind of return from their investment in this Company. I wish there was a quick and simple resolution. I can assure you that the management team is dedicated and that we will continue to work diligently towards the best possible outcome for the Company and its shareholders in as short of time as possible with the resources that are available to us. Thank you once again for your patience and ongoing support.

Very sincerely,

Kevin M West

Chairman, CEO & President

May 13, 2010

To: CMKM Management

Re: Litigation Update

I received five phone calls yesterday from four pleasant and concerned shareholders. The fifth caller was rude and insulting but left his message after normal business hours so he did not reach anyone in my office. I have not had the chance to speak with him as of this writing but I will continue my efforts to reach him. This shareholder gave his name in such a way that his last name is not audible and he left his phone number with the last four digits trailing off to where it is indecipherable. I left messages at voice mails for two different numbers that could possibly have been the callerâ€™s number but I have not received any return phone calls. After discussing the reasons for the influx of calls with these concerned shareholders, I have decided to issue an update on the status of the litigation for the benefit of all shareholders. These well meaning shareholders suggested that I address certain topics. I will endeavor to cover them from the legal perspective.

Desormeau Suit -- I was hired by CMKM after Kevin West became CEO in early 2007. I was in Las Vegas preparing to file a shareholderâ€™s derivative suit against Dave Desormeau (former CFO for CMKM), John Edwards (owner of the CyberMark shell that became CMKM) and other insiders of CMKM. It was obvious that Company management prior to Mr. Westâ€™s appointment had neither desire nor inclination to bring suit against the parties I was prepared to sue. The facts uncovered since Mr. West has taken office along with indictments and other regulatory proceedings, confirm that such legal actions were appropriate on behalf of the Company. Mr. West, in one of his first decisions, asked me not to file the suit against Desormeau, et al as a derivative suit but to bring the action directly against the named Defendants on behalf of the Company. I did so. That action resulted in a $33,000,000 judgment in favor of CMKM against John Edwards. Most of you know by now that having a judgment against someone is not the same as receiving funds in that amount. Your Company and your legal team have spent significant monies to obtain judgments against certain defendants and there is hope for recovery of significant funds from these judgments.

Two pieces of real estate have been recovered on behalf of the Company in a related proceeding. Litigation was brought in North Carolina and Nevada in an attempt to attach certain pieces of real estate which were believed to have been bought with illegally obtained proceeds. A compromise was reached in the North Carolina proceeding which allowed for the transfer of these properties to CMKM while the $33,000,000 judgment against John Edwards with ongoing interest remains in full force and effect. It was agreed that John Edwards would be allowed credit for the value of these properties against the outstanding judgment. These properties were purchased with â€œill gotten gainsâ€ from actions alleged in the Desormeau lawsuit and the Company has a duty and a right to collect any real estate or other assets that were acquired through such illegal activities. Collection efforts against John Edwards are ongoing to satisfy the remainder of this judgment. The Company is attempting to sell the real estate acquired through this lawsuit, but due to real estate market conditions no sales have occurred for the benefit of the Company as of the date of this writing.

I will make occasional references throughout this update to documents being filed and filing dates. You are directed to the Company website www.cmkmdiamondsinc.com to view the documents mentioned herein.

Recently CMKM has amended the petition in the Desormeau suit to add Wells Fargo, the STAMP Program, Stacy Ewing, Helen Bagley and First Global Stock Transfer. CMKMâ€™s ongoing investigation headed up by Mr. West uncovered the actions described in the recent amendment which resulted in this new filing. In this amended filing CMKM alleges that the actions of Wells Fargo, its employee Stacy Ewing, along with Helen Bagley and the Company transfer agency, assisted John Edwards and others in the issuance of free trading shares which were not authorized by CMKM. The Court granted CMKMâ€™s Motion to add Wells Fargo et al to the lawsuit in March of 2010. CMKM is awaiting a signed order from the Court so it may proceed with service on all the new parties. The investigation by CMKM shows that the CMKM stock certificates issued as a result of the negligence and wrongdoing of Wells Fargo and others totals over $50 million dollars. This amended portion of the Desormeau suit seeks damages for the losses caused to CMKM for the issuance of these shares.

Casavant/Glenn Suit -- In August of 2009 CMKM sued its former attorney Roger Glenn, his law firm Edwards Angell Palmer and Dodge, LLP, Rendal Williams, Cierra Williams, MonteVerde Holdings LLC and Patricia DeCosta by adding them to the Casavant suit filed in 2007. Roger Glennâ€™s attorneys filed a Motion to Dismiss aimed at certain claims in CMKMâ€™s petition. CMKM amended its lawsuit and filed the Second Amended Complaint against Glenn, et al, on January 5, 2010. Glennâ€™s attorneys filed an answer on January 21, 2010. On March 2, 2010 a Joint Case Conference Report was filed which sets out certain discovery deadlines agreed to by the parties. CMKM received Glennâ€™s First Set of Interrogatories and a Request for Production in March. In response to Glennâ€™s discovery requests CMKM has provided to Glenn over a half a million pages of documents accumulated by the Company during its three years of investigation into the Companyâ€™s activities. For the specifics of what was provided to Glennâ€™s attorneys please view the Case Conference Report on the Company website. Glennâ€™s attorneys have provided in their initial disclosure to CMKM 1576 documents (which includes many duplicates) totaling less than 8,000 pages of records.

On February 17, 2010 all parties, through their respective attorneys, met by video conference call to work out the Case Conference Report and the particulars involving the initial disclosure required by the Nevada Rules. Glennâ€™s attorney took the deposition of Kevin West on March 23, 2010 with Kevin West being named as the Company representative most knowledgeable about the Company records. This proceeding is called a Rule 30 (b) (6) deposition. Mr. West testified for most of the day about the records of the Company and where Glenn might look to find documents of the Company. Glennâ€™s attorneys have issued a subpoena to Don Stoecklein, former CMKM attorney, for all of his firmâ€™s records related to his representation of CMKM. Stoecklein forwarded these records to Glennâ€™s attorneys two weeks ago. Glennâ€™s attorneys amended their deposition after receiving the documents from Mr. Stoecklein and have now elected to depose Kristen Buck at their offices in Costa Mesa, California next week. I will attend the deposition to represent the Company. The Company is preparing their first round of discovery to Roger Glenn and intends to have it filed in the next thirty days. A trial date has not been set at this time. Due to time deadlines agreed to in the Case Conference Report, it is likely a trial could occur as early as May or June of 2011.

Share Cancellation Suits-Smith County, Texas -- After reviewing hundreds of thousands of pages of bank records, transfer agent records and other corporate documents, it became clear that billions of shares of CMKM common stock were issued to certain companies and individuals who never provided services nor paid for the receipt of those shares. In 2008, the Company began notifying those companies and shareholders that appeared to have large holdings of CMKM common stock yet the records of the Company did not show any proof that such stock had been paid for by either cash or services. The Company received responses from only a small number of the shareholders who were contacted. Most of the people who responded said they were unaware that stock was issued in their name or that any stock was currently outstanding in their name. CMKM management has a duty to cancel any and all shares that were never purchased or acquired legally. The Company has an ongoing investigation into illegally issued stock and will continue to identify those that received stock without paying for the same. Forty individuals and companies including a number of companies created by John Edwards and including a number of relatives of Urban Casavant and certain individuals known to be insiders of the Company have now been sued by CMKM. On March 25, a default was granted against some of the named Defendants. On April 20, 2010 Mr. West appeared in Court and testified about the circumstances surrounding the issuance of the shares sought to be cancelled. He also testified about the methods suggested for awarding damages for the acts of the Defendants. The Court awarded CMKM nearly $30 million dollars based on the sales price of the shares that were ultimately sold by the named Defendants. Approximately 20 billion shares have been cancelled as a result of this litigation. New Defendants in this suit will be added in the coming months.

Al Hodgesâ€™ Bivens Suit -- After discussing this issue with a couple of shareholders, I thought it necessary to explain CMKMâ€™s legal position regarding the Hodgesâ€™ suit with more clarity. Kevin West and the all those associated with CMKM including the new COO, the Board of Directors and all the lawyers being employed by the Company are dedicated to seeing this Company succeed and become a trading entity again. The promises made to shareholders before the current management took over have left many shareholders with the hopes and expectations of fabulous wealth and windfall profits from relatively small investments. The hope for wealth from this investment lives in many of us. The claims made in the Hodgesâ€™ suit are good reason for hope to continue. CMKM management has been on a steady course for three years to rebuild this Company. Because the previous management did not file tax reports, the Company is having to reconcile each year beginning in year 2002 in order to file each period accordingly to regain reporting status. The Company plans to maintain its course while the Hodgesâ€™ litigation comes to some resolution. I make these comments in regards to the Hodgesâ€™ suit for this reason. All work being performed by Kevin, his staff and his Board is for the sole purpose of benefitting all shareholders and bringing the Company back to trading status.

When Kevin West took the job, he became duty bound to do things that are required of corporate officers. CMKMâ€™s investigation does not reveal that any trust fund exists. The Company has stated publicly that it does not have any evidence of funds awaiting the shareholders. This does not mean there are no funds being held in trust for the shareholders. The Company simply has no evidence of the existence of these funds. This position by the Company does not mean the Company is opposed to the finding of funds belonging to the shareholders. Quite to the contrary, the Company exists for the sole reason of increasing the value of the stock to the shareholders. If it comes in the form of a windfall from a trust fund, then so be it. I personally think Al Hodges is a very capable and experienced attorney. I am hopeful that his litigation is successful but CMKM management does not have the luxury of waiting to see what will come of that lawsuit. Based on the recovery sought in the Hodgeâ€™s suit, if it is successful, the matters being litigated by the Company will pale in significance. The Company will watch the proceedings in the Hodgeâ€™s suit with great interest and hope that something of value comes of that litigation for the shareholders.

Communication to Shareholders -- I was informed that many shareholder resent the Companyâ€™s inability or refusal to communicate with shareholders. You are advised that Kevin West has been a key witness, and without a doubt the most important witness, on behalf of the Company. He has already testified in court on numerous occasions. He has been named as a witness by me and by Roger Glennâ€™s attorney in our formal disclosure documents. The act of naming someone as a witness has significant legal ramifications. Mr. West will be deposed at some point in the future by Roger Glennâ€™s attorney as may any officer or board member. He may be deposed in other lawsuits related to his work for the Company. Any remarks made by Mr. West whether written or verbal to third parties is discoverable by the opposing parties. Any information he imparts may subject him to cross examination. Statements made outside court are often used in court against a witness. Since casual conversations or general dialogues about the Company business are difficult at best to screen or scrutinize. I am forced to restrict any officer or board member in what he or she can discuss and to whom he or she can discuss matters with.

I have a legal obligation to prepare these cases for trial and I am duty bound to instruct Company witnesses on the potential harm that could come from discussing Company business for the entire world to hear and see. Additionally, the parties have entered into a Protective Order signed by the Court which directs all parties to protect as confidential any materials deemed by the parties to be confidential. I think the Order is posted on the Company web site, but if it is not, I will see if we can get it posted. If any officers or board members were to discuss or display to shareholders documents deemed confidential, he could be subjecting himself and the Company to sanctions or be exposed to a contempt of court action. It is extremely difficult in a case involving large volumes of business records and confidential documents for an attorney to police his witnesses as to what areas they can talk about and what areas they cannot discuss publicly. I have advised the officers and board members not to discuss Company business because of this litigation. Are you entitled to answers to your questions? Depending on the question, you may well be entitled to answers or certain information. But in light of the mountain of litigation being brought by this Company, you will be required to get your answers in a more controlled fashion. You are not entitled to unlimited and uncontrolled access to the corporate officers or board members when your questions involve matters that are subjects of the litigation. Any lawyer who would suggest otherwise would not be doing his job in my opinion.

Information Request -- I have been receiving a number of faxes and emails from people who are telling me they have been instructed to send me proof of their holdings. I will assume this is an honest mistake on somebodyâ€™s part. One nice individual has sent me a quote from a current message thread but the quote is five years old where John Martin was asking shareholders to send proof of their holdings by fax to my office. I have no idea why anyone would suggest there is some need to do that at the present time. The thread that was sent to me was written by Mr. Martin when I was compiling the information we gave to the SEC following the administrative hearing. This is a waste of time for the shareholders who are being told to do this and it serves no purpose whatsoever.

Sincerely,

Bill Frizzell

April 22, 2010

CMKM Diamonds, Inc. Update

CMKM management would like to take this opportunity to update shareholders on the following items:

Transfer Agentâ€¦ There are now over 6,300 online security holder accounts set up with our new transfer agent. Transfer Online has done an outstanding job to get this far along being that they have had to take the extra time to answer hundreds of phone calls and well over one thousand emails since they were announced on April 8th. You are not required to set up an account at this time with the Transfer agent.

The company has been asked if there are any preferred shares authorized, issued or outstanding. Please be advised that CMKM Diamonds, Inc. has only common stock. There are over 48,000 known shareholders holding well over 60,000 certificates.

Texas lawsuitâ€¦ On Tuesday, April 20, 2010, CMKM appeared in the 7th Judicial District Court in Tyler, Texas and was awarded a judgment of $28,355,411 against the defendants in exhibit â€œJâ€ of the filed judgment. (Link) On March 25, 2010 CMKM was awarded a judgment (Link) to cancel all outstanding issued shares in the names of the defendants.

The Companyâ€™s general counsel has issued this comment following the Court's actions Tuesday.

"CMKM management has an obligation to pursue any party responsible for damage to the Company. Our investigation to date has involved the acquisition of hundreds of thousands of pages of financial records obtained through subpoenas as well as sworn depositions of numerous insiders, promoters and legal representatives. Cooperation with law enforcement and regulators is ongoing. Through this expensive and time consuming work, the Company has acquired evidence which is difficult to dispute by those that illegally profited from their actions. The paper trail left by those that profited from their illegal stock acquisitions is quite clear and additional legal actions are planned against other individuals. There has been very little cooperation from prior management and those insiders and promoters that profited from the stock dilution of the Company. We strongly encourage those that have information helpful to the Company to come forward and assist the company in its rebuilding. The Company fully intends to pursue collection of this judgment and all prior judgments obtained by the Company."

The Company hired James E Lowden who is coming to CMKM Diamonds with over 25 years of executive experience in Business development, Real Estate development and Crisis Management. Known for crafting strategic visions to achieve business goals, Mr. Lowden offers a unique blend of executive acumen, team building and solution development crediting strong return of investments and operational systems. Mr. Lowdenâ€™s background in commercial development will assist CMKM in our Real Estate transactions. Mr. Lowden has accepted the role of Chief Operating Officer and Interim Secretary / Treasurer for a period of two years.

April 8, 2010

CMKM Diamonds, Inc. Update

The Company is happy to announce that our new transfer agency is online and ready for shareholders to begin initiating their account setup requests. The new transfer agent is Transfer Online and can be found at www.transferonline.com. Shareholders will now be able to monitor their holdings and make address changes directly online without having to call the transfer agent.

In order to start using this service, shareholders will need to read and follow the steps outlined in the following letter(link) from Transfer Online to get your personal account setup. Since there will obviously be a very large influx of shareholders trying to get their accounts started at once it may take a few days to get everyone taken care of. Please do not call or email the Transfer Agent for help until you have followed all of the steps and given them sufficient time to respond.

Thank you for your patience during this transition.

Very Sincerely,

Kevin M. West

CEO & President

March 3, 2010

CMKM Diamonds, Inc. Update

Progress is being made in the Casavant lawsuit. Various parties have now been served with publication and the Company will be proceeding with default judgments shortly against those that have not answered. CMKM attorneys met with attorneys for Roger Glenn last week and have agreed to a Case Conference report which will be submitted to the trial judge as is customary in Nevada courts. The parties will then be operating under a somewhat structured time line as to future discovery including depositions and other matters. The Company intends to disclose thousands of pages of documents to Mr. Glenn's attorneys this week as part of the required initial disclosures. The Company should in turn receive from Mr. Glenn any documents he and his attorneys feel are required to be disclosed under local rules."

March 1, 2010

CMKM Diamonds, Inc. Shareholder Update

CMKM Diamonds, Inc. has completed the selection process of a new Stock Transfer agent. CMKM has a great deal of data entry work that must be completed and sent forward to the Transfer agent for their approval. To the satisfaction of the new transfer agent and final approval the information will be uploaded into the new system and the Company will put out an update with the Name of the Transfer Agent and the corresponding contact information. At that time shareholders will be able to make any address changes and submit for transfer requests. The Company expects this process to be completed within the next 30-45 days. The Company believes it has found the right transfer agent for the immediate and long term needs of a shareholder base of our size. CMKM would like to thank all the shareholders for their patience through this long process.

On 2.23.2010, President Kevin West, personally spoke with a Team Manager who is a Licensed Principal in Corporate Actions with Ameritrade about the concerns that a number of shareholders recently brought to my attention regarding their CMKM shares and/or Casavant Mining International shares still in street name at Ameritrade. I was informed that the share holdings at TD Ameritrade system for old restricted dividend shares of Casavant International Mining were being held as CMKM Diamonds, Inc. / Casavant International Mining. In order to make an adjustment in their system, they changed the Casavant International Mining shares from being classified as stated above into a new CUSIP number reclassifying them strictly for the Casavant International Mining shares. This change in no way affected/effects the CMKM Diamonds, Inc. shares that some shareholders still hold in street name with TD Ameritrade. CMKM Diamonds, Inc shares are still CMKM Diamonds, Inc shares in all TD Ameritrade accounts. There should not be fees of any kind involved in this transaction and any Ameritrade customer that finds a fee related to these transactions can contact Ameritrade to have it removed.

August 14, 2009
CMKM Diamonds, Inc. Announces Amendments to Lawsuits

CMKM Diamonds, Inc. filed an amendment yesterday to add several individuals and entities to their current lawsuit in Nevada against former CEO Urban Casavant and other insiders of the Company. The amendments include attorney Donald Roger Glenn, Rendal Williams, Cierra Williams, former Silver State Bank representative Patricia DeCosta, Monte Verde Holdings, and Edwards, Angell, Palmer and Dodge LLP. The lawsuit, originally filed on April 25, 2007, is one of several legal actions against individuals and entities who are believed to have played a major role in the fraudulent insider activities and massive stock dilution of the company. Additional lawsuits and actions against other parties are planned by the Company.

This newly amended lawsuit is posted on the Company website at http://www.cmkmdiamondsinc.com/documents/casavant_amendment_8-13-09.pdf

CMKM Diamonds, Inc. has also filed an amendment in Texas to add several individuals and entities to their current lawsuit against Casavant family members and other insiders of the Company.

This newly amended lawsuit is posted on the Company website at http://www.cmkmdiamondsinc.com/documents/texas_amendment_8-13-09.pdf

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June 17, 2009
CMKM Diamonds, Inc. Holds Annual Board of Directors Meeting

CMKM Diamonds, Inc. recently held its Annual Board of Directors meeting, at which all Company directors and officers were present.

The past 12 months have been extremely eventful, as the Company has provided updates to its diverse shareholder base a total of 30 times through press releases, Corporate and Shareholder updates, Q&A updates, and CEO radio shows. To date, nearly 100 documents have been posted on the Company website. The highlights of the past year include:

July, 2008 - CMKM Diamonds, Inc. was awarded a $33,675,365 judgment in a Nevada District Court against one of the former insiders of the Company, John Edwards, just over a year after current Chairman and then CEO Kevin West hired attorney Bill Frizzell as Corporate Counsel to file lawsuits on behalf of the Company against numerous company insiders and others who conspired to defraud the Company and its Shareholders. The Company has been ably supported by local counsel in the various jurisdictions of our many legal actions.

July, 2008 â€“ CMKM Diamonds appointed an Advisory Committee to assist the Company in its efforts and decision making process and to begin the search for Board of Directors members and a new Company CEO.

August, 2008 â€“ Based on recommendations from the Company Advisory Committee, Board Chairman and CEO Kevin West appointed a Board of Directors consisting of shareholders Stan Polsom, Tom Stephenson, and Roger Summers.

September, 2008 â€“ Based on recommendations from the Advisory Committee and the Board of Directors, CMKM Diamonds, Inc. appointed nationally recognized stock market reform advocate, author, and businessman Mark Faulk as its new CEO, with Kevin West remaining as Chairman of the Board.

October, 2008 â€“ Mark Faulk conducted his first CEO Chat, a radio show designed to help answer shareholdersâ€™ questions and update shareholders on current events. All radio shows are available on the Company website.

January 20, 2009 â€“ The CMKM Diamonds Plea for Justice: CMKM Diamonds, Inc. CEO Mark Faulk sent a letter (with the help of the BOD and Advisory Committee), along with accompanying supportive documents, to incoming President Barack Obama and over 50 regulatory officials and U.S. congressmen. The letter began: â€œCMKM Diamonds and its shareholders respectfully ask that our government act responsibly in seeking justice in one of the largest singular frauds ever perpetrated in our financial markets.â€ The letter was subsequently distributed to countless public officials and media outlets by our diligent shareholders.

February, 2009 â€“ CMKM Diamonds followed up their Plea for Justice letter with an online petition that read: â€œWe the undersigned ask that the DOJ, FBI, and IRS to act immediately to issue criminal indictments against all of those individuals who conspired to defraud 50,000 CMKX shareholders of over $250 million.â€ The petition, containing almost 2,000 signatures, was forwarded to public officials and the Criminal Task Force investigating prior fraud in CMKM Diamonds.

February 2, 2008 â€“ An email was sent to 20 people within the DOJ, FBI, IRS, SEC, and FINRA, containing the CMKM Plea for Justice Letter, along with an introductory email detailing the hundreds of thousands of pages of bank account records, transfer agent records, trading records, and other evidence that the Company and its legal counsel had accumulated, and renewing offers to assist the various agencies in their investigations. Less than two hours later, the Company received a phone call from an FBI agent who is a member of the Task Force. Since that phone call, the Company has worked closely with federal agents to provide evidence in order to ensure that criminal charges will be filed in one of the largest financial frauds in history.

February, 2009 â€“ The Company has also mailed a Letter of Request to the Task Force asking that all CMKM Diamonds, Inc. (CMKX) shareholders be added to a victimsâ€™ list under the Victim Notification System (VNS).

April, 2009 - CMKM negotiated a settlement agreement in their lawsuit against Eton Properties, Inc. in which the Company accepted a parcel of real estate in Clayton, Georgia. This settlement represented the first real value returned to CMKM Diamonds, Inc. since former CEO Urban Casavant fled to Canada leaving only $558 in corporate bank accounts.

April, 2009 â€“ CMKM announced that paperwork signed in October of 2008 had laid the groundwork for negotiations with Entourage Mining Ltd. to settle ongoing lawsuits. Parallel to negotiations with Entourage Mining Ltd., CMKM Diamonds, Inc. also announced that the Company is also working on other related agreements to benefit the Company and its shareholders. Once these negotiations have been finalized, details of all agreements will be released.

May, 2009 â€“ CMKM announced that the Company had received deed to a second parcel of property as part of the settlement with Eton Properties Corp. This property is 62.176 acres located in Franklin, Virginia. Legal issues announced regarding the transfer fees due at the time of recording the deed have since been resolved, and the property deed has been properly recorded in the name of CMKM Diamonds, Inc.

In current events, the Company has appointed a Due Diligence Committee in order to assist us in our ongoing research and investigation into the massive fraud that was perpetrated on CMKM Diamonds, Inc. While the members of the Due Diligence Committee (as well as numerous other dedicated shareholders) have already individually contributed invaluable research and information to the Company, we believe that by coordinating those efforts we can move the Company forward in a more effective manner.

The Company will continue to update its shareholders on a regular basis as we move forward or settle existing lawsuits, file additional lawsuits, and proceed in our efforts to recover stolen assets. We will continue working with the Federal Criminal Task Force to ensure that those who defrauded CMKM Diamonds, Inc. and its shareholders are brought to justice. While it has been an eventful time period for CMKM Diamonds, Inc., the upcoming months should be even more fruitful. Finally, as always, we would like to thank our Board of Directors and our various committee members for their hard work, and our loyal shareholder base for their patience and support as we work towards making CMKM Diamonds a viable company.

Back to Top

May 11, 2009
CMKM Diamonds Announces 2nd Property from Eton Properties Corp.

CMKM has now received deed to a second parcel of property as part of the settlement with Eton Properties Corp. This property is 62.176 acres located in Franklin, Virginia. The Company's legal counsel is currently working to resolve some legal issues regarding the transfer fees due at the time of recording the deed in Southampton County, Virginia. Once these issues have been taken care of, the deed will be properly recorded in the name of CMKM Diamonds, Inc. The settlement agreement between CMKM and Eton Properties, Inc. contains a strictly worded confidentiality clause, so the settlement agreement will not be posted on the web site. The Board of Directors of CMKM Diamonds, Inc. has approved the settlement agreement.

Back to Top

April 21, 2009
CMKM Diamonds Announces Settlement Agreement With Eton Properties

CMKM has negotiated an agreement with Eton Properties, Inc. which will result in a dismissal of the litigation filed in Haywood County, North Carolina. The settlement agreement between CMKM and Eton Properties, Inc. contains a strictly worded confidentiality clause so the settlement agreement will not be posted on the web site. CMKM Diamonds, Inc. has accepted a parcel of real estate in Clayton, Georgia. There is a possibility of additional litigation against unnamed third parties in order to conclude the settlement and obtain the full benefits of the settlement agreement. The Board of Directors of CMKM Diamonds, Inc. has approved the settlement agreement.

Back to Top

February 4th, 2009
CMKM Petitions Criminal Agencies to File Charges in Major Stock Market Scandal

At CMKM Diamonds, we are fighting a war on multiple fronts. While we move forward with our own corporate lawsuits in an effort to return value to the Company, we are also urging our government to enact justice against those who have wronged our shareholders. In order to keep pressure on the DOJ, FBI, and IRS Task Force that has been investigating the fraud committed by those criminals who stole an estimated $250 million dollars from innocent CMKX investors, we have posted a petition seeking justice â€œin one of the largest and most blatant singular frauds ever perpetrated in our financial marketsâ€ . When enough signatures are accumulated to present a united front, we will present the petition to those who are in charge of the investigation and their superiors.

We have always believed that properly motivated, our shareholders are our greatest asset. This is a perfect opportunity to, in the words of Company Chairmen Kevin West, â€œunite this group of wonderful people, our shareholders, for a common cause.â€

PLEASE go to http://www.petitiononline.com/CMKX/petition.html to sign the petition. Let the government Task Force know that WE WILL NOT GO AWAY QUIETLY. Let your voices be heard. Post it on message boards, discuss it in chat rooms, and send it to everyone you know. You do not have to be a shareholder to sign the petition, just a citizen who believes that justice still counts for something in our country. Let CMKM Diamonds be the first step in cleaning up the rampant corruption that plagues our financial system. United we can change the world.

To: DOJ, FBI, and IRS Task Force investigating CMKM Diamonds, Inc. (CMKX):

PETITION:

CMKM Diamonds and its shareholders respectfully ask that our government seek justice in one of the largest and most blatant singular frauds ever perpetrated in our financial markets. The company's stock (trading as CMKX) was revoked over three years ago, but its shareholders still await the filing of criminal charges against the numerous individuals who defrauded over 50,000 shareholders of an estimated $250 million.

From 2003 until late 2005, criminals in control of CMKM Diamonds, Inc. sold over 703 billion shares of stock to unsuspecting shareholders, including blue collar workers, the elderly, disabled, and even soldiers fighting for our country in Iraq and Afghanistan. Mastermind John Edwards and CEO Urban Casavant were aided and abetted in their crimes by high-powered attorneys, accountants, transfer agents, major banking institutions, brokerage houses, and clearing firms.

On April 8, 2008, the SEC charged 11 individuals and 3 corporate entities with civil violations, but despite a mountain of evidence clearly showing massive criminal fraud, a multi-year investigation by the DOJ, FBI, and IRS has yet to produce a single criminal indictment. Many of the criminals have already fled the country, while others are involved in new scams with the intent of robbing other investors.

To view a Letter to the President and supporting evidence sent out by current CMKM Diamonds, Inc. management, go to: www.cmkmdiamondsinc.com/letter_index.html

We the undersigned ask that the DOJ, FBI, and IRS to act immediately to issue criminal indictments against all of those individuals who conspired to defraud 50,000 CMKX shareholders of over $250 million.

http://www.petitiononline.com/CMKX/petition.html

johnnyic · 2011-07-21 14:59:14

Glad you guys have caught on to it also !

The largest PLOY on this mess is .rr... and I do believe its going to hit the hardest from WITHIN the shareholder base of folks who have GAINED TRUSTS within.. and have done it for years with that GOAL in mind for the DAY when it behooves them.. ahead! Crime syndicates know how to work the world and sure know how to get to a few naive first time buyers in the Market that happen to get into the 'Stockplay of a Lifetime..' Yeah, baby.. thats a correct lingo !

WE cannot have Trilions coming or whatever it is??.. Millions individually from this investment WITHOUT having attracted (of course) the worst Criminal minds and conjuring crooks with smiling faces and wiley minds, wringing their sweaty hands getting together and thinking up a PLAN of their own!

.rr.... you can sell TO each other(shareholders) Sell on the open Market OR Shredd the paperwork and do nothing.

This Canadian terrain we invested in has the goods, imo .. its a MONSTER.. no one has to talk me into it.. the Dd of the early years let that surface. But the ongoing escapades of some within has made getting in their face a necessity to see how 'certain' ones re-ACTED when faced with their schemes. The Crime bosses sent in some good ones but also some that got 'Married' to their ASSIGNMENT in a 'personnal' way.. and that was THEIR demise. They forgot to not get caught up.. pout.. snap back.. and they lost their cool and said some things that filled in the blanks. In other words.. they didn't count on Some of us and hopefully many... catching on eventually to their tricks!!

This has been NO walk in the Park.. its been mind boggling.. but, it IS a INVESTMENT and one that we never will see the likes of again.. (nor will I personally EVER invest money in ANY market.. so, whoever is counting on some of us to hold up the Market or lose our money in their Toll Booth of sucking money laundering schemes can go take a hike!)

The 'In Memory of ______ ____________' that I can see coming is NOT Robert Maheu... so get that one off the radar.. oh, a nice one.. but I see one coming that the Greedy goofballs thought would work dandy!! .. (or maybe I am screwing it up..hopefully... but, boyz.. you little creeps, I will keep screwing with your minds until it doesn't occur or if it still does.. which I assume it will.. at least you won't get ALLthe folks to fall into your prey and you will have SOME addressing you and NOT handing on your HOTLINE phone number and website link to their family members who wouldn't have it unless you creeps could use 'US' for your 'CONDUIT' to hand over the phone number or link to them.

I have seen this coming for a long, long time..

Boyz.. get a life.. stop being greedy... and go off into the Sunset with what you have ..or you can depend on a few 'Me's' jerking your Chain of Command ... and ticking you off..or as some of you so aptly put it IN PRINT and then deleted...
'Tuscan, you are pi$$ing me off!'

I find that if a person 'GETS to these WIMPS'... they coil and snap..
so, if there are shareholders who have still got that feeling the cmkm shareholder base are 'ALL' a wonderful group of people that are helpfulFOR US.... think again.. 'NOT ALL' are here for YOU as much as they say...

(ca-Ching... Ca-CHing!!) What a grand list that shareholder list is.. and it will, imo, be used in many wiley ways after PAYOUT.. its not a well kept protected list by now.. my guess is some critters gawked at that list .. and there is NO way we can KNOW for sure How Many jerks have it in their possession..handed down from one back alley to the next.. so, be darn sure you are aware of that in your future months or years after Payout!, imo

and 'They' can do what they please.. because 'they' never intend on SEEING any of you.. or being around you or even caring if you think they are alive... GET IT? (they don't care if you think they 'Died' awwww, poor guy, he died.. (while he is on the Riviera with a sippy in his hand! and your .rr for a steal of a price!!)

http://ragingbull.quote.com/mboard/viewreplies.cgi?board=CMKI&reply=942692

By: tuscan9

johnnyic · 2011-07-22 07:50:29

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

David Anderson, Lt. Col; Nelson L. Reynolds, Lt. Col; Sheila Morris; Robert Hollenegg; Reece Hamilton individually and on behalf of all similarly situated,
Plaintiffs/Appellants,

vs.

Christopher Cox; Mary L. Schapiro; Cynthia A. Glassman; Paul S. Atkins; Roel C. Campos; Annette L. Nazareth; Troy A. Paredes; Luis A. Aguilar; Elisse B. Walter; Kathleen L. Casey,
Defendants-Appellees.

APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF

On Appeal from the United States District Court For the Central District of California

The Honorable James V. Selna

A. Clifton Hodges, State Bar #046803
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797
Facsimile: (626)564-9111
Email: al@hodgesandassociates.com

Attorney for Plaintiffs-Appellants David Anderson, Lt. Col, et al.,
91H CIR. R. 27-3 CERTIFICATE

1. Telephone numbers and office addresses of the attorneys for the
parties. Attorney for Plaintiffs-Appellants David Anderson, Lt. Col, et al.,

A. Clifton Hodges
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797; Facsimile: (626) 564-9111
Email: al@hodgesandassociates.com

Attorneys for Defendants-Appellees Christopher Cox, et al.,

Andre Birotte Jr.
United States Attorney
Leon W. Weidman
Assistant United States Attorney
Civil Division
Keith M. Staub
Assistant United States Attorney Room 7516 Federal Building 300 North Los Angeles Street Los Angeles, California 90012
Telephone: (213) 894-7423; Facsimile: (213) 894-7819 Email: keith.staub@usdoj.gov

2. Facts showing the existence and nature of the requested
extension of time to file opening brief.

This is an appeal from an Order of the United States District Court, Central District of California, Southern Division (Selna, J.), granting Defendants' FRCP 12(b) Motion to Dismiss (Minute Order dated June 6, 2010) and dismissing Plaintiffs First Amended Complaint with prejudice, by Order of Dismissal dated December 29, 2010.

The present Bivens action arises out of the sale of stock from CMKM Diamonds, Inc. ("CMKM"), to Plaintiffs, the corporation's subsequent implementation of its resolution to self-liquidate, and the involvement of the Securities and Exchange Commission ("SEC") in that process. Plaintiffs brought this action against a number of former and present SEC Chairpersons and Commissioners, who refuse to authorize release of the compensation funds under their custody and/or control, which monies result and accrue directly from a clandestine government "sting" operation.

Plaintiffs have asserted claims for declaratory judgment and deprivation of their Fifth Amendment Rights under the Takings Clause and the Due Process Clause of the U.S. Constitution. While this cause was filed as a probable class action, no putative class has yet been certified given the early and unexpected dismissal of Plaintiffs' case by the court below.

In the present appeal, Appellants contend, that:

(i) the shareholders of the winding-up CMKM corporation have a constitutionally protected property interest; and

(ii) a meritorious and compensable claim for relief was properly plead and stated by Plaintiffs in their Complaint.

Appellants' opening brief was originally due to be filed by July 11, 2011. Appellants previously obtained from this Court, orally by telephone and received from the Clerk, upon a showing of good cause, a fourteen (14) day extension of the time to file Appellants' opening brief, pursuant to 9th Cir. R. 31 -2.2., to July 25, 2011.

In this current motion before the Court, Appellants now request an additional time extension of thirty (30) days to file its opening brief, for a number of important, material and relevant reasons, including, without limitation:

(i) Appellants' substantial need;

(ii) The likely event that the instant appeal will soon become moot;

(iii) The judicial economy and administrative convenience of the
Court,

(iv) To avoid the considerable, continuing expense and hardship to
both Appellants and Appellees in continuing to prosecute and defend this appeal pending the expected, imminent resolution of the underlying claims, thereby rendering this appeal moot; and

(v) The prior joinder in this Motion by the Appellees/Government
by stipulation and consent hereto.

In support of the above, Appellants attach to this Motion the Affidavit of counsel, A. Clifton Hodges, Esq., incorporated herein and made a part hereof.

3. Notification to counsel for other parties.
By telephone conference on July 20, 2011, counsel for Appellees-Defendants (AUSA, John Nordin) has agreed to join in and otherwise stipulate to this Motion.

CONCLUSION

For the foregoing reasons, Appellants, with the consent and stipulation of Appellees, respectfully ask this Court to enter an Order granting Appellants Motion For a thirty (30) day extension of time to file its opening brief and for such further relief as the Court may deem just and proper.

Dated: July 21, 2011. Respectfully submitted,

HODGES & ASSOCIATES

SECOND FILING

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

David Anderson, Lt. Col; Nelson L. Reynolds, Lt. Col; Sheila Morris; Robert Hollenegg; Reece Hamilton individually and on behalf of all JVS-MLG) similarly situated,
Plaintiffs/Appellants,

vs.

Christopher Cox; Mary L. Schapiro; Cynthia A. Glassman; Paul S. Atkins; Roel C. Campos; Annette L. Nazareth; Troy A. Paredes; Luis A. Aguilar; Elisse B. Walter; Kathleen L. Casey,
Defendants-Appellees.

AFFIDAVIT OF A. CLIFTON HODGES IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF

AFFIDAVIT OF A. CLIFTON HODGES

I, A. CLIFTON HODGES, do hereby state and declare:

1. I am an attorney at law, duly licensed to practice before all
the courts of the State of California. I am the principal in the law firm of Hodges and Associates, counsel of record for Plaintiffs-Appellants David Anderson, Lt. Col, et al., Case No. 11-55169. I am familiar with the facts and circumstances respecting the matters herein addressed by me; and have personal knowledge of the same, unless otherwise indicated in this Affidavit.

2. I submit this Affidavit in support of Plaintiffs'-Appellants' Motion For Extension of Time To File Opening Brief, of even date herewith, attached hereto and made a part hereof.

3. Appellants' opening brief is currently due on or before July 25, 2011, pursuant to having received a (14) day extension of the time to file its opening brief, pursuant to 9 Cir. R. 31-2.2. In its concurrent motion to this Court, Appellants ask for an additional time extension of thirty (30) days to file its opening brief.

4. Upon information and belief, after careful inquiry and upon such further investigation as I have, in my opinion, deemed necessary and appropriate, taking into consideration all relevant facts and circumstances available to me, I have concluded as follows:

(i) Appellants have good cause and substantial need for this thirty (30) day extension of time, since within just the past hours, I have learned that there is a substantial and serious likelihood that sustained and comprehensive official efforts to settle and conclude this matter are now underway, and the substantive elements thereof would provide to Appellants-Plaintiffs the compensation and relief requested in their Complaint. Given the very recent and unanticipated appearance to me of this information, it would be impossible for Appellants to have exercised a more timely due diligence by moving this Court for an extension of time seven (7) days before July 25, 2011, as contemplated by 9th Cir. R. 31-2.2(b). Likewise, this request for an extension of time to file a brief is an application for procedural relief, and is not therefore a matter contemplated by 9th Cir. R. 27-3 (and Circuit Advisory Committee Note to 27-3(3).

(ii) Accordingly, the information described above, gathered by or
through me, or presented to me by persons within the scope of protected, professional privilege, and work product confidentiality, my resulting conclusions, taken to their logical and legal conclusion, strongly indicate and make it much more likely than not, that the instant appeal will soon become moot.

(iii) Continuing this case for thirty (30) days, and extending
Appellants' deadline to file its opening brief accordingly, would be well within the parameters of the stated rules of this Court, and an appropriate exercise of the Court's discretion inherent in deciding procedural matters such as this.

(iv) Appellants' motion would likewise serve to lessen the
unnecessary, yet considerable expense and hardship attendant to all parties if required to continue this appeal even though there is now pending an expected, imminent settlement of this case; and

(v) Appellant and Appellee are both in accord and have stipulated
and agreed to join in this motion, thereby asking the Court to agree with the litigants and treat this matter as consensual, routine and appropriate. By telephone conference late in the afternoon of July 20, 2011, counsel for Appellees-Defendants (AUSA, John Nordin, Esq.) have agreed to join in and otherwise stipulate to Appellants' Motion.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 21st day of July, 2011, at Pasadena, California,

/s/ A. Clifton Hodges A. Clifton Hodges
CERTIFICATE OF SERVICE

johnnyic · 2011-07-22 09:56:47

Bill Frizzell
Frizzell Law Firm
305 South Broadway, Suite 404
Tyler, Texas 75702
903-595-1921
903-595-4383 fax
bfrizzell@tyler.net

Bill Frizzell is a native of Athens, Texas. He is a 1974 graduate of the University of Texas (BBA). He received his law degree from South Texas College of Law (1977). He is a Member of the State Bar of Texas and the Smith County Bar Association. He is licensed in all State courts in Texas, the Eastern District of Texas Federal Courts and the Fifth Circuit Court in New Orleans.

Bill began his law career trying criminal cases in Houston. He tried three capital murder cases to a verdict. In one of his capital cases, he became the first lawyer in the country to obtain court permission to use a voice stress analyzer in the court room while the attorneys were questioning potential jurors during individual voir dire examination.

In 1985 a large group of disenfranchised voters hired Mr. Frizzell to represent them against a city in East Texas that had incorporated itself through illegal voting methods. Texas Monthly ran a feature article about Mr. Frizzell's success in having an East Texas city's status taken away by the verdict of an East Texas jury. Mr. Frizzell represented a group of women victims injured by the defective Dalkon Shield manufactured by the A.H. Robins Company. Compensation for these victims was obtained after extensive work with a bankruptcy trust set up to compensate the victims.

Mr. Frizzell is an avid sports fan and has had the opportunity over the years to represent some outstanding athletes in various sports. Mr. Frizzell was a National Football League Contract Advisor from 1993 to 1995. He authored an article entitled Liability for Injuries Caused by Physical Therapists, Trainers, and Coaches for the Third Annual East Texas Sports Medicine Seminar in June of 1994.

What began as help for a professional boxer charged with a DWI, turned into several years as a top boxing manager and legal representative of numerous boxing talents. Bill represented former top ten welterweight contender Ray Lovato. He was the manager of top ten heavyweight contender Lionel Butler. Bill was the attorney/manager of Raul Marquez, the former IBF Jr. Middleweight World champion from Houston, Texas during his quest for a world title. Bill assisted Bronze Medalist Antonio Tarver as legal counsel through the Olympic Trials in 1996 and for a short while after he began his pro career. Antonio went on to become the WBC and IBF light heavyweight world champion. Tarver lately distinguished himself as Mason Dixon- the last opponent of Rocky Balboa in the final Rocky movie.

Bill was asked in the late 1990â€™s to help spear head the Asia Pacific Football League. The APFL was a startup league formed to play American football in the Asia Pacific Rim. Although the league never began play for political reasons, it was supported by NFL International. There are current discussions of renewing the attempt to bring pro football to Asia.

He is well versed in negotiating promotional and managerial contracts and other boxing related matters. He has represented numerous boxers in their contracts with many of the famous promoters including Don King, Lou Duva and Bob Arum.

The majority of his 31 years of practice has been spent in civil litigation. Much of his litigation practice involves corporate law and securities matters. In October of 2007, he authored â€œA Case of Renewed Interest in Shareholder Rightsâ€ for the Texas Advanced Paralegal Seminar held in Dallas, Texas. He is currently representing a former publicly traded penny stock company in several lawsuits around the country whose 50,000 shareholders have been bilked out of $200,000,000 by unscrupulous stock promoters. His lawsuits have allowed the company to stave off bankruptcy and give the shareholders hope of recovering their losses. His work for this company is chronicled in a recently published book entitled â€œThe Naked Truth-Investing In The Stock Play Of A Lifetimeâ€ authored by Mark Faulk.

The Frizzell Law Firm represents clients with many different kinds of legal problems. The firm can quickly assess your problem and refer you if necessary to an appropriate specialist.

As always, if you have any questions relating to your legal matters that may not be addressed here, please feel free to contact us for discussion. We are more than happy to consult with you to determine if our firm can best represent your legal needs.

Corporate Law SEC Investigation
Business Litigation Select Criminal Defense
Insurance Matters
Sports & Entertainment Law

Mr Frizzell can be caught at http://frizzelllaw.com/

johnnyic · 2011-07-24 10:56:56

More CMKM History before revocation

September/04 CMKM Diamonds Inc. Announces 2nd Payment of $2,500,000 from St. George Metals, Inc.
http://biz.yahoo.com/bw/040913/135447_1.html
September/04 CMKM Diamonds Inc. Announces Saskatchewan Drill Target Update
http://biz.yahoo.com/bw/040913/135431_1.html
September/04 CMKM Diamonds Inc. Announces $10,000,000 Joint Venture Agreement http://biz.yahoo.com/bw/040902/25192_1.html
August/04 - CMKXTREME Inc. Offers Customized VISA Pre-Paid Stored Value Card to Their Race Fan Affinity Group and CMKX Diamonds Inc. Shareholders http://biz.yahoo.com/bw/040811/115606_1.html
August/04 - CMKM Diamonds, Inc. Converges on Saskatchewan Drill Target http://biz.yahoo.com/bw/040805/45940_1.html
August/04 - CMKM Diamonds Inc. Announces Dividend of Juina Mining Shares http://biz.yahoo.com/bw/040802/25741_1.html
July/04 - CMKM Diamonds Inc. Purchases 25% of Juina Mining http://biz.yahoo.com/bw/040729/295707_1.html
July/04 - CMKM Diamonds Inc. Receives First $3,000,000 from UCAD Option http://biz.yahoo.com/bw/040727/275889_1.html
July/04 - CMKM Diamonds Inc. Acquires Additional Interests in Saskatchewan http://biz.yahoo.com/bw/040726/266016_1.html
July/04 - CMKM Diamonds, Inc., to invest in Casavant International Mining, Inc. Declares Dividend For Shareholders http://biz.yahoo.com/bw/040719/196042_1.html
July/04 - CMKM Diamonds Inc. Announces Dividend to Shareholders of Record Date and Option Agreement http://biz.yahoo.com/bw/040718/185046_1.html
July/04 - CMKM Diamonds Inc. Launches National Television Exposure and Awareness Campaign http://biz.yahoo.com/bw/040714/145916_1.html
July/04 - CMKM Diamonds Inc. Has Re-engaged 1st Global Stock Transfer, LLC.
June/04 - CMKM Diamonds, Inc. Announces New Transfer Agent
June/04 - CMKM Diamonds, Inc. Announces Preliminary Results from Goldak Airborne Magnetic Survey of Saskatoon, Saskatchewan
June/04 - CMKM Diamonds, Inc. Announces CMKM Diamonds, Inc. Announces Message Board Has Been Temporarily Discontinued
June/04 - CMKM Diamonds, Inc. Announces Edwards & Angell, LLP. and CMKM Diamonds Inc. Begin Work
June/04 - CMKM Diamonds, Inc. Announces "Carolyn Pipe" Lab Results Confirm Diamondiferous Kimberlite
June/04 - CMKM Diamonds, Inc. Announces It Has Retained D. Roger Glenn, Partner at Edwards & Angell, LLP as Securities Counsel
June/04 - CMKM Diamonds Inc. Announces It is Retaining a Large New York Law Firm to Represent Its Interests.
June/04 - CMKM Diamonds, Inc. Announces the Cancellation of the MRDR Transaction, Internal Audit and Move to New Transfer Agent.
May/04 - CMKM Diamonds, Inc. Announces Phase #1 Drilling of Carolyn Pipe completed.
Apr/04 - CMKM Diamonds, Inc. Drilling up-date: Carolyn pipe core samples sent away for analysis: ETA on results 3 - 6 weeks
Apr/04 - U.S. Canadian Minerals Inc. Announces Intersection of Kimberlitic Rock.
Mar/04 - CMKM Diamonds, Inc. Announces 'Carolyn Pipe' at 900+ Feet and Still in Kimberlite.
Mar/04 - CMKM Diamonds, Inc. Announces Kimberlite Ore Discovery
Mar/04 - CMKM Diamonds, Inc. Announces Drilling Video Footage Now Available on the Company Web Site.
Mar/04 - CMKM Diamonds, Inc. Announces Joint Venture Option Agreement With United Carina Resources Corp. and Consolidated Pine Channel Gold Corp.
Mar/04 - CMKM Diamonds, Inc. Announces Progress on Drilling and Exploration Program.
Mar/04 - CMKM Diamonds, Inc. Announces That Drilling Has Commenced Two Days Ahead of Schedule in the Fort a la Corne Area.
Mar/04 - CMKM Diamonds, Inc. Announces Drilling Program to Commence in the Fort a la Corne Area on Wednesday, March 17, 2004
Mar/04 - CMKM Diamonds Inc., Formerly Casavant Mining Kimberlite International, Announces New Symbol: CMKX
Mar/04 - CMKM Diamonds, Inc. Announces Assignment of New CUSIP Number
Feb/04 - U.S. Canadian Minerals Inc. & CMKM Diamonds Inc. Announces Joint Venture.
Feb/04 - CMKM is featured in a newspaper article in the Prince Albert Herald.
Feb/04 - CMKM announces the company has obtained funding for US $1.8 million with a further pledge for US 3.2 million.
Feb/04 - CMKM announces drilling program to commence.
Jan/04 - CMKM announces purchase of drill rig, accessories, and extra equipment for drilling. Company Signs One Year Contract With Experienced Drill Foreman to Oversee Drill Operation. Program - Commits to Drilling Numerous Holes in Search Of Kimberlite Pipes in the Forte a la Corne Area and Green Lake Area
Jan/04 - CMKM announces MRDR share exchange and spin out of CIM subsidiary has been approved. Date of record will be January 30, 2004.
Jan/04 - CMKM announced that the Green Lake drill target is now suitable for drilling.
Dec/03 - CMKM announced the company is evaluating two offers from public companies for a partial buyout of selected mining claims.
Dec/03 - CMKM announced CIM spin-out to go public is being evaluated with MRDR, a public shell company listed on the Pink Sheets. Anticipated completion date is Jan. 15/04.
Dec/03 - CMKM announces that targets have been selected to commence drilling on Green Lake and Forte a la Corne.
Dec/03 - CMKM announces 16.5 billion shares officially retired to treasury.
Dec/03 - CMKM announces that spin-out company, Casavant Mining Int. will go public.
Nov/03 - CMKM announces 900,000 dollar joint venture funding contracts with 3 public companies. The three companies contracts that were consummated are: Consolidated Pine Channel Gold (CDNX-KPG-V), Shane Resources (CDNX-SEI-V), and United Carina Resources (CDNX-UCA-V). The agreement is that these companies now have the right to acquire an undivided 10% interest each in 82 prospective claims held by CMKM in consideration for 900,000 dollars in funding.
Nov/03 - CMKM announces over twenty billion shares have been retired back to treasury to date.
Sept/03 - CMKM announces six billion shares are being retired back to treasury.
Sept/03 - CMKM launches corporate website http://www.casavantmining.com
Aug/03 - CMKM announces three million dollar exploration and drilliing program with Durama Enterprises Ltd.
Aug/03 - CMKM announces share dividend payout for CMI.
Aug/03 - CMKM announces 2 for 1 foward stock split.
Jul/03 - CMKM files "Certification and Notice of Termination of Registration" Form 15-12G with SEC. CMKM becomes a non-reporting company.
Apr/03 - CMKM Announces Initial Report on Exploration Project at Fort a la Corne, Saskatchewan.
Feb/03 - CMKM files "Definitive Information Statement" Form 14C with SEC.
Jan/03 - Casavant Mining obtains trading symbol CMKM on OTCBB
Nov/02 - Casavant Mining merges with Cyber Mark International
CMKX HIGHLIGHTS:

CMKX Corporate Information
CMKX - CMKM Diamonds Inc.
Trading Status: CMKX's shares trade through the Pink Sheets quotation system. http://www.pinksheets.com/
Investor Relations Contact: Melvin O'Neil
Toll free in U.S./Canada: 877-752-3755
Phone: 306-752-3755
Fax: 306-752-3754
Email: ipr@sasktel.net
Corporate Website: http://www.casavantmining.com/index.html
Corporate Address (per previous SEC filings):
1481 W. Warm Springs Rd.Suite 133 Las Vegas NV 89104 USA
Phone: 702-946-6747
Officers:
Urban Casavant, Pres. & CEO
David DeSormeau, CFO
Shares Oustanding:Unknown at this time pending clarification by the company.
State of Incorporation: Nevada
Transfer Agent:1st Global Stock Transfer LLC, Las Vegas, NV 89128
Urban Casavant & Jeff Arend holding kimberlite

johnnyic · 2011-08-11 15:56:17

To the shareholders of CMKM:

After much diligent effort we are now able to release the following new corporate happenings:

We are happy to announce that Steve Walker has signed an agreement with the Company to provide Investor Relations services. With a background in sales and marketing, Steve Walker has been a Golf Professional for over 30 years. While moonlighting as a day trader, he became involved in CMKM in January 2003. This life altering event, led him to stock market reform, to which he remains passionate and devoted to today. In taking on this exciting new challenge for CMKM, Steve says " my objective is to help reunite CMKM shareholders, so together we can all move forward, as the company emerges from past problems and readies itself for a bright and prosperous future. It is now our time CMKM shareholders, so let's get together and show the world how strong we really are. I want to thank Jim, Kevin, Bill and the Board of Directors for all their tireless efforts and for giving me an opportunity to be a part of the future of CMKM Diamonds. We cannot change the past, but we can change the future. I stand ready for the task, please join me." The investor relations hotline is 903-253-0510 and will be open to receive calls from 10am to 6pm Central time on Fridays starting September 2nd. New dates and times for the hotline will be updated as needed. Please note that this line will not have voice mail at this time and only live calls between the above mentioned times will be taken.
As you may already be aware, the Company representitives will be in Las Vegas for trial currently scheduled to begin on or about August 17th. The case going to trial involves our claims against Urban Casavant, Ginger Gutierrez, James Kinney, Attorney Roger Glenn and his former law firm Edwards, Angell, Palmer and Dodge. The case will be presided over by Judge Elizabeth Gonzales. The present calendar call for this case is August 15, 2011. The Company expects jury selection to begin on August 17th and opening arguments and testimony will begin following jury selection. Casavant, Gutierrez and Kinney have defaulted. Glenn and his law firm are disputing all claims being made by the Company. The judge has summoned 100 jurors. Each of the jurors have filled out 20 page questionnaires containing questions specific to this case. The courtroom is small with less than 50 seats to accommodate the public.

The Board of Directors is in the process of bringing the Corporationâ€™s bylaws current and is working to amend them to make sure that we are in full compliance with our commitment to the shareholders and ensuring their rights are upheld in the State of Texas where we are domiciled. Once amended, the bylaws will be updated to the website. The Board of Directors and Company Executives remain committed to protecting the interests of the company and the shareholders as a whole.

While reviewing the current corporate bylaws, the Board of Directors made the determination that the postion of CEO as advertised is not required. The Board mandated the postion of CEO be changed to President. After reviewing the resumes submitted for the leadership position of the Company, the Directors came to the conclusion that the best possible candidate for the job is already on board. That said, the Directors are very pleased to announce that Mr. James Lowden has agreed to accept a permanent role as President of the Company. "The Board of Directors are extremely pleased that Mr.Lowden has agreed to accept our offer to join the team for the long term and would like to sincerely thank him for all of his efforts. Mr.Lowden possesses the necessary business accumen, professional experience and keen eye for detail that our company requires to be successful. As the company moves forward, we are extremely confident that Mr.Lowden will provide the continued leadership,knowledge, and consistent determined work ethic he has demonstrated during his tenure with the company. Please join us in welcoming Mr. Lowden to our team.â€

The Company would like to extend its gratitude to the other candidates that applied for the CEO / President position. The response from our request for candidates was very reassuring that there are people committed to assisting us in making our company successful.

The Board of Directors has asked former officer and Director Kevin West back to take on the role Vice President of the Company to assist Mr. Lowden in their continued efforts moving the company forward. Both Gentlemen work well together and through these combined efforts have been able to stand the company back on its feet. This team is desirious to see the growth of CKMK. Mr. West stated, â€œI am humbled and honored to be asked back by the Board of Directors. I feel rested and excited to once again be doing my part to help the Company move forward.â€

The shareholder meeting that was fully intended to be accomplished by June of this year has had to once again be put on hold. The Directors of the Company wish to make known to the shareholders that the lack of proper funding is the â€œonlyâ€ reason that there has not been a shareholderâ€™s meeting since new management took over in 2007. With over 50,000 shareholders of record, including over 10% with international mailing addresses, the hard costs of a meeting at this time is not possible. Even with discounted rates being offered to the Company, the â€œminimumâ€ costs of printed, third party mailed and received proxy statements plus envelopes and other hard costs stand at $175,000. On top of these costs, there will have to be a meeting venue, security and refreshments to accommodate hundreds and perhaps even thousands of shareholders wanting to attend in person. This puts the minimum cost to hold an annual shareholder meeting somewhere between $190,000 and $250,000 for one meeting with the same or even higher costs annually thereafter. That said, the Company would need to have enough cash in the bank to not only hold the meeting, but to continue to sustain running the Company for at least the next several months at which time another shareholder meeting would need to be planned, funded and held. As you can see, the costs of these meetings are very prohibitive at this time because of the extreme size of our shareholder base.

On February 26th of this year, the Company announced its desire to create a round table team of approximately 7 individuals. Since that time the Company has received fewer resumes than positions needed from shareholders interested in a possible place on this team. We would like to extend the resume intake period for another 90 days. After this period, depending on the number of resumes, the Company will give a final review and recommendation to the Board of Directors for the seven members to be placed.

CMKM and 101047025 Saskatchewan LTD still have a valid agreement in place with the remaining claims from the Fort a la Corne area. This agreement calls for the development of a New Corp for the exploration and possible development of these claims. The Board of Directors of CMKM have already endorsed the agreement to move forward with the plans for this venture and are patiently waiting for all of the pieces on the Company side of things to fall into place.

Once again, the Company would like inform the shareholders that we believe in the success of CMKM Diamonds Inc. and will continue to work for the best interest of the all shareholders.

Friday, April-15-11

Shareholders;

We the undersigned are directors of CMKM Diamonds Inc. We do not believe that the board of directors for CMKM Diamonds Inc. have been in any way negligent or derelict in any of the duties to inform and protect shareholders in any matters.

Firstly, your demand letter states that you would like to be informed of â€œfunds purported to existâ€ in the Bivens lawsuit that has been before the courts brought by certain shareholders or on behalf of certain shareholders through attorney A. Clifton Hodges.

You spoke to the fact that Mr. Hodges testified under oath in the court proceedings. On this point we must respectfully disagree. Mr. Hodges was speaking on behalf of his client(s) and as such was not under oath. Lawyers are allowed to advocate for their client based on facts they believe to be true. Mr. Hodges was in fact arguing a side of the case, and as such is not â€œtestifyingâ€ as you have misstated in your letter. â€œThe case brought by Mr. Hodges was dismissed by the Court and is now on appeal.â€ Mr. Hodges is pursuing the matter on appeal at this time. The company has no obligation nor would it be a wise use of resources to attempt to get involved in this matter. In fact spending valuable company resources and time on something that has never been validated by our own extensive investigation would, in the opinion of the board, be irresponsible. This company has always had an open line of communication with Mr. Hodges. The company has requested on multiple occasions from Mr. Hodges any such tangible evidence, including but not limited to any pertinent documentation which. For reasons known only to Mr. Hodges, the company has not received any documented evidence of any trust that is â€œpurportedâ€ to exist. The company has NO knowledge of any type of trust fund and has no evidence that such a trust has ever existed.

Shareholders have received transparency of everything this board has been doing since itâ€™s inception. The Company has posted on the Word Wide Web evidence from our many litigation activities that the company is pursuing in order to restore money to the company bank accounts. This is being done for the benefit of all shareholders. The Company has stated and restated our goal of being a viable and fully legally compliant company in the future. With in the last calendar year the Company built the financial records from recovered data that was thought lost at one time, filed all taxes for pertinent previous years and posted the information on our company website for the shareholders to see.

With all due respect to the writers of the demand letter to the company, you are misinformed on some of your â€œfactsâ€ . It is stated that the concerns of shareholders are â€œunanswered and ignoredâ€ . This is quite simply not factual. The company website has court filed documents on it that show where the company is spending itâ€™s resources. This is done with great consideration and care in fulfilling our duties to shareholders.

The board at this time finds that the request to pursue action against Mr. Hodges to be misguided and unwise. The case before the court as mentioned above was dismissed. The company has asked for evidence and received none. There is no meritable action that we can find to take at this time There are simply no accounts, trusts, funds and settlement damages that the company can find to pursue. We have stated and restated this several times in the past. We are hopeful for all shareholders and this company that a compensation fund of some type does exist and that Mr. Hodges is successful in the pursuit of this matter based on the information he possesses and wishes to keep confidential. If the company can assist in that endeavour it stands ready to assist Mr. Hodges and his shareholder clients.

Demanding that we pursue something that does not appear to exist would be irresponsible and would cause the company to expend valuable resources in the process. We have instructed management to obtain a copy of any trust agreement holding funds for shareholder regardless of the source, this management has not found evidence any agreement has ever been in existence. In response to the accusation that the Board is in breach of its fiduciary duty, please see the financial statements posted on our company website.

It should also be noted that the Frizzell Law Firm is NOT an officer of the company. Mr Frizzell is a contingency attorney that the company hired to perform litigation against the former insiders and associate of the company in order to recover assets that were illegally taken from the company and itâ€™s shareholders. You are requested not to contact his office for information about the companyâ€™s affairs. The company is diligently working on searching for a Public Relations officer that will be available to answer general shareholder questions. A basic set of protocols and appropriate contact methods will be posted to our website as soon as this process is completed. The company is also reviewing data received from candidates for the CEO position that is vacant and will inform shareholders when a suitable candidate is chosen.

The Board hereby recognizes the demand to answer the shareholders letter and as evidenced by the date stamp on this letter we have complied with said demand. Please continue to monitor our website at http://www.cmkmdiamondsinc.com for further litigation progress and company updates.

The CMKM Diamonds, Inc. Board of Directors

Thursday, August-11-11

johnnyic · 2011-08-18 19:48:46

Greetings members,

I would like to take the time in this update to discuss several items with you.

Appeal Process: Many of you have read the company's response to the SEC's Motion For Affirmance. I have received nothing from the Commission which suggests the Motion For Affirmance will be granted. As it stands right now, a brief from the company will be filed on or before September 6. The SEC will most likely file their response by October 6. The company will have until October 20 to reply to the SEC's brief. Mr. Stoecklein and I spoke yesterday about the brief and we have agreed to collaborate in the preparation. He has already begun the briefing. I will probably be asked to offer input after the first draft is completed. Mr. Stoecklein is a competent attorney and I expect the brief to adequately cover things from the shareholders' perspective. The wording in the order makes it apparent the Commission does not desire a brief from me or any other party. In order to file a brief on behalf of the shareholders, I would need to obtain permission from the Court before doing so. I do not plan to do that.

Litigation: Thanks to some incredible work from some of your dedicated shareholders, I have been able to keep abreast of many lawsuits that have been filed in the last few months against parties that are involved with CMKX and your investment. It appears to me that there are individuals and companies who have been the victims of some unscrupulous stock deals and they have hired lawyers to file suits to obtain redress. I am becoming convinced that litigation may be necessary on your behalf against some third parties to allow me to obtain all the facts necessary to help this group. As you may know by now a certain individual opened numerous trading accounts in 2003 and 2004 at a well known Nevada broker/dealer to facilitate the sale of hundreds of billions of shares of CMKX stock. Short selling no doubt occurred once it became known in the market that nearly 800 billion shares of CMKX had hit the streets. A lawsuit against certain parties would greatly assist us in obtaining the facts necessary to identify all parties involved in any trading improprieties and will allow us to accurately identify the short sellers. If I decide to bring any lawsuit, I will obtain permission from the shareholder that will be the named plaintiff or plaintiffs in the lawsuit. Any suit will not be brought on behalf of the CMKX Owners Group. There will be no individual shareholders named other than the individuals I select to bring any claims. If I brought a lawsuit on behalf of the CMKX Owners Group, I might be required to spend the next couple of years attending the depositions of 6,000 or 7,000 shareholders or responding in discovery to requests for documents from all of the 6,000 or 7,000 shareholders. This would of course be a waste of the shareholders time and mine. There is concern that a lawsuit by a small number of people would allow us to obtain some huge financial settlement for only those named in the lawsuit. Damages will clearly be sought against those that may be sued. The damages sought will relate to the losses incurred by the named plaintiffs. If a lawsuit went extremely well and certain defendants wished to offer any serious sums of money for settlement, it would be simple to ask the Court's permission to assist us in some way to apportion any recovery amongst the shareholders. I am not a class action lawyer and do not plan on bringing a class action lawsuit. If a class action of some type is in order, I will cooperate with such lawyers for the benefit of all shareholders, but that is not my desire nor my purpose in this potential litigation. Any lawsuit, deposition, subpoena or discovery that I might bring will benefit all of the shareholders if it benefits any one shareholder. I have been litigating cases for 27 years and I know the task I am undertaking if I choose to bring litigation. I will only do it if I am convinced I have no other avenue of obtaining the information I am seeking and there is no other way to get redress for the shareholders. This will not be a suit against the company nor Urban Casavant at this point in the proceedings. John tells me there are those that suggest a lawsuit would yield tons of money for only those that I choose to name as a plaintiff so what good would it do for the shareholders. Remarks like that are very unsettling to me. I have become very thick skinned to some of the remarks I receive from a select few. I do not respond to those that choose to make personal assaults on my integrity or my courses of action. I know that my efforts are helping the shareholders and I plan to continue to do so.

Private Party in Tyler--Last week we were honored here in Tyler to have Hugo Cancio and a production crew come to my office for filming segments of Hugo's documentary on the saga of CMKX. Hugo felt it important that he document all sides of the CMKX story including the plight of the shareholders. He has been to Ecuador, Canada and Las Vegas with Urban and other insiders in the company. He is producing a story that needs to be told. Knowing that Hugo would be in town, I suggested that John invite some of the shareholders from this area to drop by while Hugo was here. Some were interviewed for the documentary. Some of your well respected shareholders came here from Northeast Texas and East Texas to meet Hugo and have a little fellowship. John invited us to his home after a long day of videoing around the office. The fine lady shareholder that allowed me to stay in her home when I went to Washington last month was able to arrange her travels to spend a night in East Texas. I took the opportunity to share a select few documents that we had obtained as a result of months of due diligence by this office and many dedicated shareholders. You have some shareholders out there that spend endless hours researching and investigating various aspects of this case. Their hard work is paying off. I would not dare name them because it would embarrass them and they are not doing this work in order to draw attention to themselves. Please know that I (and all the other shareholders) will forever be indebted to you. Kudos to all of you that are helping to shed light on the problems facing this company. Much talk has occurred since this meeting about my choice to show only certain information and only to certain individuals. I scanned in a handful of documents and did a brief video presentation of some of the documents. I did not hand out any copies of the information. I did not pass out pencil and paper. It was a short show and tell. Some of the information was disturbing because it was the first time some people had seen an explanation of how these shares hit the market in such a short period of time. I have posted on the owners group site www.cmkxownersgroup.com a copy of a ledger sheet with some handwritten notes that was prepared by someone for Neil Levine as he was working on the audit before the administrative law hearing. We have entitled this document the "Share Distribution Breakdown". This was obtained by me as an item of discovery that went to all parties during the preliminary phases of the administrative proceeding. This is not the "smoking gun" that solves all riddles of the CMKX story but it is very helpful in explaining some things that bothered me (and I assume most shareholders) for a long time. How in the world can a company get nearly 800 billion shares into the market place in such a short period of time? Sometimes documents like this create more questions than answers. Believe me, we are working on answers to the questions that come from documents such as this. The facts surrounding the stock distributions will all come out when the company files it financials. Combine this document with the shareholder information which Pedro has provided you and you can start to piece this thing together. I have obtained mountains of information and more comes to my office on a daily basis. My practice is dedicated to this case alone. Those of you that suggest I am hiding information for some sinister self serving purpose should give more thought to that idea. I am simply bound by laws regarding confidentiality and common sense in the release of most of this information. Many shareholders have been to this office and you are all invited to see what goes on around here on a daily basis. You are all welcome. We are all in this together.

Communication--Several people have asked about the level of communication between my office and the company. We are not having problems getting each other on the phone. I talked with Don Stoecklein yesterday. He called me while Urban, Ed Dhonau and Anthony Demint were in his office. We discussed the brief and suggestions were made to leave from Vegas to go to Ecuador after the Labor Day weekend. I expressed my desire to meet and discuss the plan for the shareholders and the present state of the claims and various businesses that make up CMKX. It is the company's position that it would violate SEC rules to selectively disclose information about assets and significant activities to certain shareholders (our owners group) without disclosing information to all shareholders. We agreed that such disclosure could occur if I would agree to make my updates following or simultaneously with an 8k. I am hopeful this will facilitate better and regular information from the company. Sorry, but I have no dates to give you on when this might start occurring. I have stated that we have no problem with such arrangement.

Rumor Busting--I hate to be one to burst some hopeful bubbles, because I know the anxiety many of you experience when a rumor begins to fly. I have not been involved in any discussions about settlements with any parties. Neither the company nor any third party has seen fit to call me with any discussions of settlements or even facts that suggest a settlement is in the works. If there is talk betweent he company and any third parties, I am not privy to such talks and have not been told of any. I cannot tell you for a fact that there are no discussions of settlement. I can simply tell you that I have not been involved in any discussions with anyone about settlements. John Martin has likewise not been contacted about settlements being offered by anyone. It will be one cool update when I can relate the substance of any such discussions with you.

Evaluation--I can tell you that I am comfortable in saying the claims represented by the company are being maintained. I make this statement based on reports from third parties that should be "in the know". John and I decided several months ago to make it a part of our investigation to determine as best as we could the existence and value of the claims which we have been told belong to the company. We have paid people on the ground in Canada to give us information about the claims. We do not have a figure for the $value of the claims in Canada, but I am convinced there is substantial value for many reasons. Our investigation reveals there has been a drilling program that continues as we speak. We hope to get more information for you as to the results of the drilling. The last PR about the drilling results probably did more harm than good. I believe we can get better information to you. I have told Mr. Stoecklein that I have some acquaintances of mine in the Oil business that are researching the area and there may be interest the oil concessions on our claims. It will take a another couple of weeks but I plan to continue my efforts in this regard.

Phase II--Some questions have been asked about the status of my work as Phase II or Phase I. The original (Phase I if you will) employment agreement clearly states that my agreement to represent the owners group concluded with a decision by the Administrative Law Judge. This decision was handed down on July 12. John suggested a Phase II because the work we had begun in addition to the administrative hearing representation was far short of being complete. We began receiving contributions and Phase II agreements before the Judge's decision came down. Many of you have not only contributed to Phase II, some have added contributions above the requested $25. Your funds make it possible to continue the work we have begun. I am thankful for your contributions of course. But I am equally thankful to you for the words of support and encouragement that sometimes comes along with your signups. It gets discouraging when hard work gets mocked and ridiculed by certain people. There are a select few out there that seem to delight in being critical, sarcastic and demeaning to our efforts. If I am forced (and it appears I will be) to begin litigation, Phase II will be expensive and could take quite a long time to resolve. If I did not believe it would be helpful to the overall cause of this representation, I would not consider it. I am starting to believe it will be mandatory. John and I have agreed not to do separate updates to Phase I and Phase II members. I hope we do not have to revisit this decision. I have been honored to represent the shareholders as a group. I feel honored to work for the individuals I have met personally as a result of this representation . I wish there were a way to meet all of the group members. This group if it stays together will be a force to be reckoned with. The bad guys would love to see a fractured broken shareholders' group. After all, isn't that how most shareholders do when their investment goes sour? They just run away, bad mouth the promoters and write off their investment losses. A strong shareholders' group can make a difference. We can have disagreements and work them out like mature intelligent people, but we must stick together.

Naked Shorts--In my opinion we have proved the largest naked short in the history of the market. Will these illegal acts benefit the shareholders? There are many factors that must come into play, but I am very encouraged. Management has not "run off". The real assets of the company appear to be in place. It will only take a few deals to get done before these huge short position will be at the mercy of the marketplace. I look forward to that scramble.

Caveat--I do not advise any one to buy or sell stock based on the information contained in this update. You are advised that an administrative judge has ordered a deregistration of the securities of this company because the company has failed to file financial reports required by the SEC. There are serious complications to trading your stock if the de-registration order becomes final. Seek competent advice from a competent investment advisor before deciding to purchase CMKX stock.

Onward,

johnnyic · 2011-08-18 20:03:23

Melvin played â€œBad Boysâ€ for the MMâ€™s â€“ funny

Q: Any concerns about SEC or insider info getting out? Does not want to put company in jeopardy.
A: Donâ€™t worry about me as far as the SEC goes. This is the World wide web obviously I can be on any message board I want. I choose where I want to be on and I am thrilled. UC is fine as long as I donâ€™t say anything stupid or am a jerk. Donâ€™t worry everything is cool.

Q: Can shareholders do anything to help CMKX?
A: real easy. Continue to do what we are doing. Having patience and faith in us.

Q: What are your thoughts on a message board on new site.
A: my thoughts are no. People know what they are doing and understand CMKX

Q: Any timeframe for shareholders when we will see the big picture? Year, months?
A: I have some ideas but Iâ€™m leery about giving time frames.

Q: Are we expecting remaining core sample results from Carolyn?
A: yes we are. First core sample was tested for just diamonds. 2nd sample is testing for other stuff. Thatâ€™s all Iâ€™m gonna say about that.

Q: where do you see CMKX in 5 years?
A: depends on what we accomplish in next 5 years. Good example is Shore Gold. One of biggest in FALC in 5 years. Let me check my crystal ball.

Q: When is actual dividend cutoff date? 18th? Will PR specify details?
A: Not exactly sure. Possible 3 day grace period so the 17th. Ratio is still being worked on I assume PR will lay it out in laymanâ€™s terms.

Q: What race will you be at next.
A: I donâ€™t know.

Q: What about leases that expire in 2012
A: leases are the least of our worries. Easy to renew.

Q: 15-12G non reporting. Any comment on filing shortly? Do we have more than $10 million in assets? How often do you speak with Urban.
A: I will reserve judgement until share structure comes out. I talk to Urban everyday at least.

Q: Are you ready to give tours up there?
A: Everyone is always welcome. Because we moved the rig, formal tours are not set. You are welcome to come but all you will see is a drilling rig in a field.

Q: Will we be receiving a cash dividend?
A: I mentioned that this morning. As far as I know yes. I donâ€™t know when. Could be a month from now, six months from now.

Q: How long have you been with the company?
A: since march 2003. I currently have another job. My boss is friends with UC and UC was having trouble with Investor relations. I was a shareholder first. The past IR person was rude and ignorant. Urban found out and my boss mentioned me since my interest in diamond mining. UC was hesitant but gave me a shot.

Q: Do you know anything about green baron?
A: I do not know anything about the green baron.

Q: How many rigs do we have along with JV partners?
A: right now 1. If I had my way we would have 10 of them. We will need 10 of them.

Q: How long does it take to get a core sample and can you tell visually the content?
A: Depends on how fast the lab works. I canâ€™t tell visually but a trained geologist can. Kimberlite is very soft like clay. I canâ€™t see diamonds but a trained geologist can.

Q: Are you aware of stock patrol?
A: yes, I think I will send them the â€œBad Boysâ€ CD as well.

Q: When are we getting a race boat?
A: Urban already has one and it is fast.

Q: Could you talk about the non-magnetic kimberlites. Are you expecting diamonds out of that. UC seemed pretty convinced something is there. Can you comment on size?
A: non-magnetic kimberlite is just as likely to have diamonds as magnetic. 25-30 years ago they could only find magnetic kimberlite. Newer technology shows us this. How big? We wonâ€™t know for sure until drilling but based on aerial surveyâ€¦ how big is Rhode Islandâ€¦ no thatâ€™s not right. It is a very good size. Letâ€™s just put it this way, when you say big, that would be understatement. Depth is just as important as surface. Compared to DeBeers star 140/141 it is a heck of a lot bigger.

Q: Our price at .0005 seems undervalued.
A: yeah. MMâ€™s seem to have control. We put faith in UC and he will do everything in his power. Be patient. Bigger and better things are going to come.

Q: If someone has 30-50 million shares and wants to double their position, is it pointless if they are just naked short shares.
A: Here is what I think. All shares will be honored. They are good shares and worth a lot of money very shortly. Purchasing more shares is totally up to you. I wonâ€™t give advice on buying shares.

Q: How is the relationship with the Sask. Government?
A: The govâ€™t has been very good to us. They want open pit mines badly. Produce revenue, jobs, infrastructure.

Q: Does CMKM diamonds own Juina?
A: I havenâ€™t heard of Juina for the last year and a half so no comment.

Q: With such a vast area, how do you determine where these minerals are foundâ€¦ gold, zinc, topsoil, uranium, etc.
A: all of the above.

Q: You mentioned our shares would be worth a good bit of money very soon. What is soon? Should we refer to the PR? Is that before 8/20? Will JEFF covering prior boost our price?
A: Revert back to every PR this company issued. Read the PR, that is what we are doing. Whether it is this recent one or from 9/1, we all make assumptions. We should all read the PRâ€™s carefully.

Q: Can you explain the TA issue:
A: We moved to Pacific and due to some problems and the volume of calls we renegotiated with Global and went back. UC was going to start his own but it was too much of a pain.

Q: Will you be retiring shares before the OS is announced?
A: The answer is yes. We have been retire shares for a long long time and will continue to retire shares.

Q: Will we see another PR this week?
A: I donâ€™t know.

Q: Did Roger Glenn give you the clearance to post here?
A: No. I donâ€™t think Roger or Urban would care. In fact UC would be glad I was here this late working.

Q: Can you recap your last conversation with Joel?
A: No. It would probably shut down this board. You donâ€™t want to know.

Part 2.....
---------------------------------------------------------------
Q: Has Melvin met roger glen?
A: no. Roger will be in Sask next week. Not sure if I will be invited to the meeting. I canâ€™t say why they are meeting.

Q: Status of aerial results?
A: no sense in releasing since they are in geological terms right now.

Q: Any plans for a party in Las Vegas?
A: Iâ€™m gonna leave that wide open and not touch it with a ten foot pole. This will be a surprise for everybody.l

Q: What are significance of new claims near prince albert.
A: insider. Canâ€™t answer.

Q: What date do we get our UCAD dividend?
A: I couldnâ€™t tell ya.

Q: FALC has been known for 20 years. Anyone doing any viable mining right now. Why so long?
A: known for about 30 years. Discovered by De Beers. Not mined to keep supply of diamonds low. Other smaller companies have come and gone. DeBeers utilizing other mines around the world currently. More economical for them to sit on mine and wait until other mine goes dry then open up FALC and mine for next 50 years. Shore Gold got lucky. 2 kids in the sandbox now and they donâ€™t get along. Shore Gold realizes this. They are going gung ho and they donâ€™t care what DeBeers/Kensington (same company) does. We are going to go at our pace and ability. DB and Ken. Need to catch up. Now out of nowhere comes CMKX. Now 3 people in the sandbox but 1 person holds a lot of land. Other 2 kids wonder, either we got bigger or the sandbox got smaller. The 3rd kid owns all the sand. Here is this big fat kid weâ€™ll call Uncle Melvie. Why would he do that? Maybe we missed something 25 years ago cause we couldnâ€™t detect non-magnetic kimberlite. Maybe we should make friends with this fat kid. No, weâ€™re the largest diamond mining company in the world. Little do they know this fat kid is doing business on its terms, the shareholder support. Now the fat kid starts to rumble. One of these days this big fat guy will blow up and spew diamonds and the other kids wonâ€™t have any diamonds. Perhaps the other kids will run and the big fat kid will pick up their pipes. Whoâ€™s to say. A lot of things can happen. If you think about it that is the kind of thing going on at FALC.

Q: When is the new site going to be up and running?
A: should be Monday or Tuesday next week.

Q: Do you feel CMKX could be the next diamond empire?
A: you are right. I can not emphasize enough the magnitude. This thing is so huge. Compare FALC area to Microsoft. Started from back of garage and look where it is today. That is the kind of comparison we are looking at here at FALC. UC desperately wants to control that. We have big players that wonâ€™t just walk away. Like the movie Independence Day when President talked to aliens. â€œCan we coexist?â€ yes. There is enough for everyone.

Q: Are we working on a partnership with Shore Gold?
A: Not now. In the future, who knows.

Q: Rumor that DeBeers has kimberlite mostly on our property. Any idea when new maps with new kimberlite might be finished?
A: Map at races done in June. New web site will show updated 3-D kimberlite pipe map. Can zoom in and interact with map. Donâ€™t quote me Iâ€™m not positive. I want this done on the new site.

Q: How many employees? Do employees drill or contractors?
A: Own crew. 2 drillers per shift x 2 shifts 24 hours 7 days a week. Paid by CMKX. Ron is foreman. Ralph Newdson (sp?) is geologist. About 20 total employees.

Q: Can you clarify the $40-$80 billion value of land?
A: We donâ€™t own the land. We have the mineral rights. I think they are talking about just mineral rights. The figure I am assuming is the potential of the minerals is worth that amount.

Q: Back to the sandbox. Isnâ€™t the logical after the 2 kids fuss, wouldnâ€™t they just decide to join the fat kid.
A: yesiree bob. That is one scenario. If you canâ€™t lick em, join em.

Q: Is the Amex urbans goal?
A: I canâ€™t tell you at this time.

Q: How will winter affect drilling?
A: It wonâ€™t.

Q: Is it a goal for UC to make us millionaires.
A: Yes it is. Urban wants to make millionaires out of all of us.

Q: Anything new with Carina, Pine.
A: No I canâ€™t comment.

Q: You stated on IBC that you would ask UC to do 3 things. What happened to those?
A: They are being done. 1. bring share structure. That is being worked on. 2. start drilling. 3. if naked shorted, letâ€™s do something about it. Canâ€™t do #1 until #3 is addressed.

Q: Do our JV partners also have rigs and are working?
A: No, not to my knowledge. Donâ€™t quote me. I will verify with UC tomorrow. Weâ€™re working on getting more rigs because we will need them.

johnnyic · 2011-08-24 11:23:21

RGLENN FILED ALL THESE MOTIONS JUST A FEW DAYS AGO---HE WAITED---NOT GIVING FRIZZELL TIME TO RESPOND BEFORE TRIAL ----CMKM DIAMONDS, IN TYLER TEXAS IS HISTORY!

08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding Punitive Damages
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding Plaintiff's Breach of Fiduciary Duty Cause of Action
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding the Adverse Domination Doctrine
08/15/2011 Supplemental
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Supplemental Objections and Counterdesignations in Response to Plaintiff's Deposition Designations Identifying Trial Exhibts Within Deposition Testimony
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum in Support of Apportioning Fault to Brian Dvorak
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding In Pari Delicto
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding Civil Conspiracy
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Regarding the Requirement That a Witness Have Personal Knowledge of Facts to Which the Witness Testifies
08/15/2011 Trial Memorandum
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Bench Memorandum Requesting CMKM Prove-Up Its Damages Against the Defaulted Defendants in a Separate Proceeding
08/15/2011 Brief
Defendants Donald Roger Glenn and Edward Angell & Dodge LLP's Trial Brief

remember----RGlenn worked for the SEC---i do believe he is "standing in" the shoes of the SEC in this case!

Leowanta

Heart

johnnyic · 2011-08-24 21:39:48

Congressman Shays, (Chris)

I have hesitated to contact you for some time and have been working with Senator Dodd due to the nature of my concern and his role as Chairman of the Senate banking Committee. At this juncture, I could surely use your help in highlighting a case of grandiose fraud that has resulted in 50,000+ investors being bilked out of 1/4 of a billion dollars. This situation involves many of the very toxic ingredients that have led to our markets current plight.

It would be greatly appreciated if you can le nd some advice and/or forward my concerns to the appropr iate venue to allow for a review of the disturbing case of fraud highlighted below. Traditionally, the Securities and Exchange Commission would be such a place but as you read the information to follow you will understand that they are part of the concern in the case I highlight. I and many other of my fellow shareholders are miffed20as to why there has yet to be any hint of a criminal investigation on any front and why S.E.C. officials worked so diligently to at first sweep the matter under the rug then only to file a civil complaint that is most narrow in it's scope. One specific concern stems from the fact that there is a former lead S.E.C. Enforcement Division Attorney (Roger Glenn) who served as the corporate lawyer for CMKM in 2004and signed off on opinion letters that led to 300+ billion restricted shares to become free trading. This former S.E.C. official is now a partner in a well known firm has not been named in the S.E.C.'s civil complaint? Current CMKM attorney David Koch provided the following in the most recent civil complaint heard by Judge Denton in the District Court of Nevada. "In fact, Mr. Glenn did nothing to help the company resolve its SEC problems. It has been discovered in the last few weeks that Mr. Glenn actually wrote legal opinions authorizing billions of free trading stock and assisting the company to increase its authorized shares from 500 billion to 800 billion shares. The only information released to the pu blic about Mr. Glenn was his hiring to help with SE C reporting problems."

One other interesting note involving the CMKM case involves the former chairman of their board of directors; his name was none other than former F.B.I. and C.I.A. operative Robert Maheu.

I have provided four email that I sent to Senator Dodd and Senator Reid to provide you a bit of background into my concerns.

johnnyic · 2011-08-29 14:12:01

CMKM shareholders' lawyer wants third parties pursued

2005-09-12 11:01 ET - Street Wire

Also Street Wire (U-*SEC) U.S. Securities and Exchange Commission

by Lee M. Webb

CMKM Diamonds Inc., Saskatchewan native Urban Casavant's massively diluted pink sheet promotion currently involved in a U.S. Securities and Exchange Commission (SEC) administrative proceeding to revoke its stock registration, has received a request from Texas lawyer Bill Frizzell that the company pursue legal action against various third parties.

Mr. Frizzell, who now represents approximately 2,400 CMKM shareholders, names several individuals and levels some rather serious allegations in a Sept. 6 "shareholder derivative rights" demand letter to the company's attorney, Donald Stoecklein.

Among other things, Mr. Frizzell suggests that several of the named individuals engaged in possibly illegal transactions that resulted in the dumping of hundreds of billions of CMKM shares into the market.

Mr. Casavant, who authorized the issuance of almost 800 billion shares, many of them to himself, relatives and associates, is not among those fingered by Mr. Frizzell for legal action. However, the Texas lawyer notes that his letter "does not purport to be a complete and final list of actions that the shareholders deem to be warranted."

The lawyer

Mr. Frizzell, who also owns shares in Mr. Casavant's subpenny pink sheet promotion, offered his services to other CMKM shareholders earlier this year after the SEC launched its administrative proceeding against the company.

The lawyer had already been engaged by fellow Texan and CMKM shareholder John Martin last year, but decided to provide limited representation until a decision was rendered in the SEC proceeding to other shareholders for a modest non-refundable fee of $25 per person.

Approximately 5,500 shareholders signed up to become members of what was called the Owners Group, but according to Mr. Martin, who is closely associated with Mr. Frizzell, only 4,223 people actually anted up the fee.

Evidently at least some CMKM shareholders who did not honour the employment agreement simply could not afford to pay that $25 fee. The Owners Group website accepts PayPal payments for "membership for those shareholders who are less fortunate."

Mr. Frizzell is not a securities lawyer and, apart from CMKM, it is far from clear that he has much experience with stocks or the markets generally.

In any event, over the objections of the SEC, Mr. Frizzell was granted limited participation in the administrative proceeding on behalf of the Owners Group. During the May 10 evidentiary hearing, that limited participation was expanded to allow Mr. Frizzell to cross-examine witnesses.

Even before offering his legal services to other shareholders, Mr. Frizzell was clearly in the camp of the CMKM followers, many of whom signed on for his representation, who believe that the company has been savaged by naked short selling.

The notion that a stock with no market makers, trading at a few hundredths of a penny, with approximately 780 billion shares outstanding at one time and that has never appeared on the Regulation SHO threshold list has a significant naked short position is scoffed at by many CMKM critics, including seasoned investors familiar with pink sheet shenanigans. Mr. Frizzell and other CMKM followers think otherwise.

While the Owners Group members were hopeful that Mr. Frizzell would be able to offer some arguments regarding naked shorting during the administrative proceeding, Chief Administrative Law Judge Brenda P. Murray ruled that short selling was irrelevant to the issues to be decided and would not be considered.

Notwithstanding that ruling, following the evidentiary hearing Mr. Frizzell pursued the matter further.

Indeed, at least according to the rather slip-shod accounting offered by both Mr. Martin and Mr. Frizzell, it appears that a significant portion of the approximately $105,000 collected from shareholders was used in an effort to establish evidence of a significant short position in the stock.

Among other things, Mr. Frizzell asked shareholders to fax his law firm copies of their brokerage statements showing their CMKM holdings. The lawyer claims to have gathered up several hundred thousands of pages of documents, including statements from approximately 10,500 brokerage accounts.

Notwithstanding Judge Murray's earlier ruling regarding the irrelevance of short selling to the matter at hand, Mr. Frizzell attempted to introduce the subject of naked short selling in a posthearing brief and by way of a proposed exhibit.

The lawyer claimed that his documentation proved that there were approximately 134 billion more CMKM shares in circulation than the company had issued and, given that he had only tallied 10,500 of approximately 53,000 accounts holding CMKM shares, the number would undoubtedly increase significantly.

Mr. Frizzell's methodology and the exact nature of the calculations used in arriving at the purported proof of a significant short position are unclear and may well remain that way. Judge Murray ordered the section dealing with Mr. Frizzell's claims about naked short selling struck from his brief and the proposed exhibit was not allowed.

On July 12, Judge Murray issued her initial decision in the SEC proceeding against CMKM, determining that the company was an egregious and recurrent securities violator that was likely to continue to breach securities laws and ordering the revocation of CMKM's stock registration.

CMKM petitioned for a review of the initial decision and that petition was granted on Aug. 8.

The appeal process is still in progress, but under the terms of the $25 employment agreement Mr. Frizzell's initial representation of his CMKM shareholder clients came to an end when Judge Murray issued her decision.

Even before the initial decision was issued, Mr. Martin, who is reportedly on the hook for all attorney fees and costs not covered by contributions from other participating shareholders, was pitching the Owners Group members to ante up another $25 for a second phase of representation by Mr. Frizzell in several investigations related to CMKM.

According to the Owners Group website, 2,373 people have signed on for the second phase of representation, adding approximately $59,000 to the pot for Mr. Frizzell's services, if everyone paid the fee.

While Mr. Frizzell is still convinced that there is a large short position in the stock, he is now concerned with other transactions and "bad guys," as he frequently calls them.

Perhaps entirely coincidentally, the expansion of Mr. Frizzell's concerns became particularly evident after another CMKM shareholder obtained copies of the exhibits used in the SEC proceeding, including the company's master shareholders list showing the beneficiaries of the staggering stock issuances, and began posting the information on the Internet.

The evidence of the dumping of hundreds of billions of shares into the market, with much of the selling coming from Mr. Casavant, his relatives, acquaintances and people closely associated with the company, shook the beliefs of even some of CMKM's most faithful followers and completely destroyed some fantasies.

In the wake of the Internet disclosure of evidence from the SEC proceeding, Mr. Frizzell began rumbling about lawsuits.

In an Aug. 17 e-mail to members of the Owners Group, the Texas lawyer indicated that he was considering a bringing a lawsuit against certain unidentified parties.

"If I decide to bring any lawsuit, I will obtain permission from the shareholder that will be the named plaintiff or plaintiffs in the lawsuit," Mr. Frizzell wrote. "Any suit will not be brought on behalf of the CMKX Owners Group. There will be no individual shareholders named other than the individuals I select to bring any claims."

The lawyer went on to explain that a lawsuit on behalf of the entire Owners Group might bog the proceeding down in a two-year deposition and discovery process, resulting in a waste of time and money.

"This will not be a suit against the company nor Urban Casavant at this point in the proceedings," Mr. Frizzell remarked, perhaps in an attempt to assuage the concerns of the many CMKM shareholders who steadfastly believe that Mr. Casavant has their best interests at heart and is armed with some master plan to ensure they are all handsomely rewarded for their loyalty.

By Aug. 30, Mr. Frizzell was floating a revised plan. Remarking that the stock price was burdened by the huge amount of shares dumped into the market, Mr. Frizzell said the dilution "was wrong and illegal," but shareholders could not immediately take direct legal action in the matter.

"Under recent state and federal legislation, the legal system does not give you as a shareholder an easy route through the courts to go after those who have profited illegally from their deeds," Mr. Frizzell advised the Owners Group. "Your rights are 'derivative' of the company's rights to go after the bad guys.

"The legal term describing your rights is a 'shareholder derivative rights' cause of action.

"As a shareholder, you must first make a demand on the company to assert any claims the company has against the bad guys.

"If the company chooses not to assert their rights against the bad guys, for whatever reason, then you can proceed."

Mr. Frizzell went on to say that he would be issuing a demand letter to Mr. Stoecklein "demanding that action be taken against certain individuals that have been parties to the dilution of this company."

"I will name specifically certain individuals and request that action of specific types be taken against them," the lawyer wrote. "There will be a stated time for the company to take action. When that time passes, and no action occurs, you will have the right as shareholders to assert your rights in your own lawsuit."

Apparently the sabre-rattling about lawsuits and demands upon the company caused some dissension among members of the Owners Group. Within a few days, Mr. Martin chimed in with a few thoughts.

"I must confess that Bill and I have had a difficult time continuing to work on this case with the lack of support from some shareholders," Mr. Martin remarked. "There are those, who are armchair quarterbacks who think they have all the answers. (You all seem to have no trust in anyone.)

"There are those of you who are so caught up in UC (Urban Casavant), that you can't see what has happened (I know, because I was there); and then there are those who see blood so red, that you are willing to file a suit at any cost for revenge."

After acknowledging "the truly supportive group of hundreds of shareholders," sketching Mr. Frizzell's dedicated efforts with little financing and touching on some of the distressing "calls almost daily from those who fear they have lost everything," Mr. Martin offered his summary of the CMKM saga.

"Several years ago, some seriously evil people took advantage of Urban Cassavant (sic)," Mr. Martin wrote. "Evidently, UC bought a dirty shell when he formed CMKI (predecessor to CMKM).

"That means there was very fine print, which would cause him many problems in the future: Problems that forced him to pay extortionists along the way, i.e. a dilution agreement and toxic financing.

"We feel, and hopefully will not be proved wrong, that UC is not the mastermind who diluted this stock. We believe it was done to keep up with the agreements in the contract."

Mr. Martin went on to claim that he and Mr. Frizzell were "in the process of investigating the extortionists."

"We think they deserve to pay for what they have done," Mr. Martin continued. "They are present in dozens of other companies, and are doing the same thing to them. Their day is almost over!!

"We believe that once they are out of the way, UC will then be able to do the right thing and do whatever he must to give his shareholders their due."

A few days after Mr. Martin penned his missive, Mr. Frizzell issued his Sept. 6 demand letter to Mr. Stoecklein.

While certainly provocative in its own right, Mr. Frizzell's demand letter does not identify or contain any references to the mysterious dark forces of so-called extortionists and "seriously evil people" mentioned in Mr. Martin's rant.

The letter

"In several of our conversations you have reminded me that you are the attorney for CMKM Diamonds Inc. and that your representation does not necessarily involve representation of any particular officer or director individually," Mr. Frizzell wrote. "I am writing this letter to you as the attorney for CMKM Diamonds Inc."

The Texas lawyer went on to ask Mr. Stoecklein to bring the letter to the attention of CMKM's board of directors, comprised of Robert Maheu and Mr. Casavant, for action by the company.

"In 2004 over 600 billion shares of CMKM Diamonds Inc. common stock was issued by the company," Mr. Frizzell noted. "The issuance of these shares caused significant dilution of the shareholders stock. The stock has not yet recovered from the effects of this dilution.

"Many of the company shareholders have been involved in the investigation of the transactions that led to the issuances of stock last year in such large quantities.

"On behalf of the above mentioned shareholders I suggest that certain third parties have committed acts that give rise to legal liability to the company."

With that, Mr. Frizzell set about identifying several parties and levelling allegations of misconduct.

It should be emphasized that Mr. Frizzell's allegations and pointed suggestions of illegal activity are not proven.

Moreover, while some of the allegations apparently turn on information made available to Mr. Frizzell during the discovery process in the SEC administrative proceeding, it is clear that some of the Texas lawyer's claims are based on information and interpretations offered by unidentified CMKM shareholders whose qualifications are entirely unknown.

Further, some of the information presented in Mr. Frizzell's letter and elsewhere is flatly wrong.

The $2-billion man

Mr. Frizzell first identifies John Michael Edwards, claiming that a "review of one complaint filed with the SEC shows that Mr. Edwards was instrumental in obtaining some early financing of the company's activities."

"Mr. Edwards has been identified as an individual that opened in excess of 36 trust accounts at Nev West Securities since his involvement with the company," Mr. Frizzell claims.

"Certificates have been issued to an additional 20 companies that have addresses in Langley, B.C., which are purportedly owned or controlled by John Edwards," the lawyer continues. "All addresses have been traced to mail drops as opposed to physical addresses in both Las Vegas and Langley, B.C."

While exhibits from the SEC evidentiary hearing show that shares were issued to approximately 20 entities using mailboxes at two Langley malls, those exhibits do not indicate that Mr. Edwards controlled the Langley companies, nor was any testimony to that effect given at the hearing.

According to Mr. Frizzell, CMKM began issuing shares to Mr. Edwards's trusts as early as 2002.

"It is clear through the company's master shareholder list that these trust accounts were the vehicle for dumping hundreds of billions of shares onto the market," Mr. Frizzell alleges. "Many of these shares were restricted shares and should never have been dumped on the market."

Given that Mr. Frizzell does not identify the trust accounts allegedly operated by Mr. Edwards, his claim that the accounts were used to dump hundreds of billions of shares cannot be checked. It is clear from the master shareholder list, however, that hundreds of billions of shares were unloaded, with Mr. Casavant and members of his family accounting for a significant portion of the dumping.

"This dumping occurred at a time when the company was conveying good news about the company's progress to the innocent but unknowing public," Mr. Frizzel continues.

It is not at all clear whether Mr. Frizzell recognizes that his allegations convey a scenario with more than a passing resemblance to a classic "pump-and-dump" operation, which is very rarely orchestrated without the assistance of company insiders.

The Texas lawyer then serves up a snippet that may well raise significant concerns about the quality of his information.

"Recently it was learned that Mr. Edwards had amassed $2-billion worth of Crown Financial stock," Mr. Frizzell claims. "Crown Financial was one of the most active market makers of CMKX stock when hundreds of billions of shares of stock were suddenly dumped on the market."

While Crown may indeed have been active in executing transactions involving shares of CMKM, just where Mr. Frizzell came up with the notion that Mr. Edwards had amassed $2-billion worth of Crown stock is something of a mystery.

Crown shuttered its trading activities and market making entirely in February of this year and its stock sporadically changes hands on the pink sheets for less than five cents per share.

According to SEC filings, in March and April of this year Mr. Edwards purchased a total of 6,758 preferred shares of Crown priced at $148 per share through two entities that he controls for a total cost of just over $1-million, a far cry from the $2-billion worth of stock that Mr. Frizzell claims was amassed.

Mr. Edwards's 6,758 preferred Crown shares are convertible into a total of 6,758,000 common shares. If the shares were in fact converted, then at Crown's recent closing price of four cents per share, Mr. Edwards's disclosed holdings would carry a value of $270,320.

The source of Mr. Frizzell's information or the exact nature of the fuzzy math used to parlay Mr. Edwards's Crown shares into purported holdings valued at a whopping $2-billion may well remain something of a mystery.

After serving up his dubious Crown claims, Mr. Frizzell moves on to an arguably more disturbing matter involving the hundreds of billions of CMKM shares allegedly dumped through Mr. Edwards's trust accounts.

"There is evidence that portions of the funds from the sale of these securities were returned to the company and/or some of the company insiders via wire transfers and other deposits," Mr. Frizzell claims.

Perhaps unknown to Mr. Frizzell, with the addition of that allegation, the scenario now bears more than a passing resemblance to a classic pump-and-dump operation orchestrated by company insiders while unloading shares through nominee accounts ostensibly controlled by a frontman.

During the SEC hearing, there was some testimony regarding wire transfers and other deposits to company accounts for which the bookkeeper had not yet received supporting documentation. Moreover, on July 28 an auditor fired by CMKM notified the SEC of possible illegal acts, noting among other things that the volume of wire transfers and cashiers cheques rendered the banking records inadequate to obtain evidentiary matter necessary for an audit opinion.

However, neither the hearing testimony nor the July 28 letter written by fired auditor Brad Beckstead offer any claims regarding kickbacks to the company or insiders from the sale of shares.

Apparently Mr. Frizzell's allegations are, at least in part, based upon non-public information obtained from the SEC's investigation file on CMKM.

"It is my opinion that certain portions of the documents I have received from the SEC investigation are confidential and I am not free to disclose certain documents, including banking records which I have in my possession, to my clients," the lawyer continues. "I am obligated however to direct you to the records which you received as well for purposes of this 'shareholder derivative rights' letter."

Mr. Frizzell wants CMKM to pursue Mr. Edwards for his alleged breach of insider trading rules and any other securities violation known to Mr. Stoecklein.

"Specifically, the company should seek disgorgement of any short swing profits made by Mr. Edwards based on his trading activities," Mr. Frizzell advises. "The company should seek cancellation of each and every CMKX share that is now outstanding and currently being held by Mr. Edwards or any of his companies or trusts."

According to the Texas lawyer, some unidentified CMKM shareholders contacted the principals of at least two of the trusts and those unidentified principals disclaimed any knowledge of the transactions involving the sale of billions of shares on the alleged instructions of Mr. Edwards.

"If, in fact, these trusts were used as vehicles to sell stock in violation of securities law, your shareholders would request that the company seek reimbursement for all sales and any consequent gains from the trusts that were used in this manner," Mr. Frizzell continues.

The Texas lawyer goes on to offer some comments about Mr. Edwards being "in attendance at several meetings in which the progress of an audit was being discussed" and suggesting that he inexplicably had the company's stock book in his possession in January.

According to Mr. Frizzell, "it seems clear there is cause for investigation on behalf of the company as to the propriety of such acts."

"I would also direct your attention to a wire transfer dated July 28, 2004, from a PA Holdings Inc. account," Mr. Frizzell adds without further explanation.

"The shareholders are aware of Mr. Edwards's refusal to testify by deposition at the administrative hearing," Mr. Frizzell remarks in wrapping up his discussion of Mr. Edwards. "If Mr. Edwards should continue the assertion of his Fifth Amendment rights in any action brought by the company, the company should seek rulings from the court which would assist them in obtaining a favorable outcome of any action."

Mr. Frizzell makes no mention of the fact that Mr. Casavant, CMKM's only officer, asserted his Fifth Amendment privilege and refused to answer any questions at the evidentiary hearing.

Bad-mouthing brokerage

Mr. Frizzell turns to a discussion of Nev West Securities, which allegedly operated several accounts controlled by Mr. Edwards.Again, the Texas lawyer seems to rely heavily on non-public information obtained from the SEC for his claims regarding the brokerage firm.

"It has been proven by the records you and I have received from the SEC that Nev West Securities has allowed John Edwards to open at least 36 trust accounts to trade securities," Mr. Frizzell begins. "The company issued stock certificates to Mr. Edwards's companies and trusts totaling hundreds of billions of shares in 2003, 2004 and 2005.

"Once the sale of these massive amounts of CMKX stock were concluded, checks were issued and funds were wired from Nev West to various accounts at the direction of John Edwards.

"The company should investigate these activities to determine the complicity of Nev West in the massive dilution and improper trading activities in its company stock.

"I have been told there has been a full NASD (National Association of Securities Dealers) investigation and we request that the company seek full discovery of any such investigation."

Mr. Frizzell moves on to a discussion of a matter close to the hearts of many of CMKM's devoted followers, naked short selling.

"I have requested from you the DTCC (Depository Trust and Clearing Corp.) records regarding the trading in CMKX stock and would renew that request at this time on behalf of the company shareholders," Mr. Frizzell writes.

"You are aware that significant naked shorting of CMKX stock has occurred and the company is hereby requested to assist in the investigation to determine those that may be responsible for the illegal shorting and fails to deliver that are present in this stock," the Texas lawyer continues. "It is believed that Nev West facilitated the naked shorting of CMKX stock."

Mr. Frizzell offers no support for his professed belief that the Nevada brokerage firm was involved in the purported naked shorting of CMKM.

Adding insult to the alleged misconduct, Mr. Frizzell suggests that a Nev West representative bad-mouthed CMKM after unloading some of its shares.

"There is a group of CMKX shareholders that contacted Nev West earlier this year after learning there was a large amount of stock available for sale," Mr. Frizzell says. "This group of shareholders contacted Nev West directly and purchased a large block of CMKX stock.

"Immediately upon the purchase of a large block of stock, the Nev West agent began to run the stock down to the purchasers, alienating several shareholders.

"It is clear that Nev West has been a facilitator in the dilution of CMKX stock."

The auditor

Mr. Frizzell also wants CMKM to take legal action against its former auditor, Neil Levine, and his accounting firm, Bagell, Josephs & Company.

"Testimony by Mr. Levine at the administrative hearing confirms that Neil Levine was brought in to perform the audit by John Michael Edwards," Mr. Frizzell claims.

In fact, the testimony at the May 10 evidentiary hearing indicates that Mr. Levine received a referral from Mr. Edwards and was hired by CMKM after he and a senior partner from Bagell, Josephs met with Mr. Casavant and others associated with the company.

"Mr. Levine admitted to his prior association with Mr. Edwards because of other work he had performed for Mr. Edwards," Mr. Frizzell writes.

"The company received an unwelcome surprise on the day before the important administrative hearing was to begin," the Texas lawyer continues. "Mr. Levine stated that he was too busy with other companies and was terminating his relationship with CMKM Diamonds Inc."

In fact, in both his testimony and in a termination letter, Mr. Levine said CMKM had not produced the documents necessary to perform an audit, despite several requests, so he quit.

Among other things, he also testified that Mr. Casavant asserting his Fifth Amendment privilege during the proceeding was problematic and neither he nor his firm wanted to be associated with a company like CMKM.

"We acknowledge that the company was having difficulty in gathering information needed by Mr. Levine, but his abrupt termination at such a critical time most likely constituted professional negligence," Mr. Frizzell suggests.

"Mr. Levine's relationship with the person most involved in diluting the company renders his stated reason for abandoning the company suspicious at best," the lawyer continues, apparently a reference to Mr. Edwards, not Mr. Casavant.

At the very least, Mr. Frizzell wants CMKM to seek the return of "any unaccounted for pre-paid fees" from Mr. Levine.

"The evidence of Mr. Edwards's massive sell off of CMKX stock should be reason to bring legal action against Mr. Levine on behalf of the company," the Texas lawyer claims, serving up a rather peculiar reason for suing someone.

The bungling accountant

Moving on, Mr. Frizzell wants the company to take legal action against its former chief financial officer, David Desormeau, who was hired in December of 2002 amid touting that he was going to institute a real-time financial reporting and inventory control system.

"The shareholders request that the company file suit against Mr. Desormeau for professional negligence," Mr. Frizzell writes. "Since the company's hiring, Mr. Desormeau has not instituted the system which was touted on his hiring.

"There has never been a financial report filed with the SEC since Mr. Desormeau's hiring.

"It is clear from the written communications between Mr. Desormeau and Neil Levine that Mr. Desormeau did not have adequate records of the company.

"It now appears that Mr. Desormeau's failed accounting system is at least one of the reasons the company has been unable to file it required financials."

Mr. Frizzell's concerns extend beyond Mr. Desormeau's bungled bookkeeping.

"Of even greater concern than the inadequate bookkeeping is Mr. Desormeau's trading activities and payments for his services," Mr. Frizzell says, going on to note that Mr. Desormeau was allegedly paid $1.5-million in shares.

"My investigation shows that 63 billion shares were issued to Business Works (a company owned by Mr. Desormeau) at a time when the company was promoting its stock through press releases about its diamond finds," Mr. Frizzell goes on.

"I have reviewed bank records which show cash payments from Mr. Casavant to David Desormeau for $49,500 from June 10, 2004, to Aug. 18, 2004," the lawyer writes, adding that he only reviewed "a few select bank statements of various company accounts."

According to Mr. Frizzell, Mr. Desormeau's Business Works is also the registered agent for several Nevada companies that received billions of CMKM shares.

Indeed, records available through the Nevada Secretary of State do show Mr. Desormeau and Business Works as the resident agent for a number of companies, some either revoked or in default, that received billions of CMKM shares.

"Specifically, the company should seek disgorgement of any short swing profits made by Mr. Desormeau based on his trading activities," Mr. Frizzell advises. "The company should seek cancellation of each and every CMKX share that is now outstanding and currently being held by Mr. Desormeau or any of his companies."

The consultant

Mr. Frizzell also suggests that the company should pursue claims against James Kinney.

"James Kinney was identified as being a consultant to CMKM Diamonds Inc. in an S8 filing by the company on April 15, 2003," Mr. Frizzell writes. "Mr. Kinney was paid 530,000,000 shares valued at $265,000 for a 6 month consulting contract for his expertise in zinc claims."

In fact, the consultant mentioned in the S-8 filing is identified as James Kenny, though sometimes names are not properly recorded in filings and he may be the same person. In any event, Mr. Kinney did serve as one of the company's investor relations representatives for a time, among other things.

According to Mr. Frizzell, Mr. Kinney and companies under his control, such as Part Time Management Inc., received almost 100 billion shares of CMKM in less than 10 months from late 2003 to 2004.

Mr. Frizzell wants CMKM to seek disgorgement of any short swing profits made by Mr. Kinney and to cancel any shares he may still control.

The clerk

The Texas lawyer wants legal action taken against Ginger Gutierrez, too. Ms. Gutierrez held clerical positions with the company and served a stint as CMKM's investor relations representative along with Mr. Kinney.

"Her signature appears on many checks written from CMKXtreme account," Mr. Frizzell writes, a reference to a private company controlled by Mr. Casavant. "There are also checks written out to Silver State Bank for cashier's checks which were ultimately endorsed by Ginger Gutierrez."

According to Mr. Frizzell, from August of 2003 through October of 2004, Ms. Gutierrez unloaded 23 billion shares of CMKM.

Mr. Frizzell suggests that Ms. Gutierrez should be made to cough up any short swing profits made through her trading and that any shares she still holds should be cancelled.

The lawyer

Rounding out his list of targets, Mr. Frizzell rather more gingerly suggests that one of the company's former lawyers, Brian Dvorak, may also deserve some legal attention.

"The shareholders have been presented with evidence that numerous opinion letters were written by Brian Dvorak which resulted in free trading shares of CMKX stock," the Texas lawyer writes.

"The evidence suggests Mr. Dvorak incorrectly issued opinions which resulted in legends being removed or authorized free trading of shares when in fact, such shares should have been restricted and subject to certain holding periods," Mr. Frizzell opines.

"The shareholders request that you take legal action against Brian Dvorak for any occurrences of legal malpractice which have caused company stock to be freely traded in the market, when such should not have occurred," the Owners Group lawyer writes.

Shine the light

Coming to the end of his letter, Mr. Frizzell remarks that Mr. Stoecklein is the one person who has unfettered access to the company's records and the one most able to obtain any missing records.

"You have seen two auditors bail out after being paid substantial sums of money," Mr. Frizzell observes. "One auditor has notified the SEC of serious improprieties found during the attempted audit of CMKM Diamonds Inc.

"If your work has uncovered any acts that may warrant legal action on behalf of the company, the shareholders request that you take any and all action that you deem necessary on behalf of the company.

"This obviously puts you in an awkward position, and for that I apologize."

Indeed, given that Mr. Frizzell has dumped a demand upon CMKM's lawyer to pursue claims that may be extremely costly for the cash-strapped company to advance, even if it turns out that those claims do have some legal merit, and may well draw countersuits if they are filed, "awkward" may be an understated characterization of Mr. Stoecklein's position.

"Maybe the bright lights of litigation will help illuminate some of the reasons this company stock has been diluted and shorted," Mr. Frizzell says.

"This list does not purport to be a complete and final list of actions that the shareholders deem to be warranted," the Texas lawyer adds, holding out the prospect of even more allegations.

Mr. Frizzell wants a response from Mr. Stoecklein within 30 days.

johnnyic · 2012-01-29 19:28:43

Dear Mr. Kirkpatrick, Mr. Woerner, and Mr. Kotz

I represent a group of shareholders who have exercised our rights to inspect the company documents. I am part of a group who assumes that CMKX was a vehicle in a sting operation, at least at a certain point. The operation cleary started when David Liston, Assistant D/A for Manhattan, signed the form 15 to allow CMKX to not report. In a press release while Robert Maheu was co-chairman of CMKX, the company said that it was the SEC who felt it was in the best interest of shareholders to not report. Leslie Hakala was handed clear cut evidence of broker fraud by Bll Frizzell in their 2005 meeting, she either covered up that fraud with Mr. Frizzell to this day or the brokers paid into the trust fund as outlined in Al Hodges bivens case. The company has the records that either prove Mr. Hodges case is a hoax or it is real, they fully support Al Hodges, so shareholders can assume the cert pull proved the exact totals of counterfeit shares sold by each brokers, and they paid into a trust fund to avoid criminal prosecution. If that is not the case, Bill Frizzell has aided the fraud, the company management have been negligent by not doing their fiduciary duty and stopping the fraud when they were made aware of it, the company concealed the fraud by everyone else but corrupt insiders of CMKX, and the company did not force the SEC and DOJ to do their mandated duties and protect the shareholders of CMKX.

It is not acceptable for the shareholders to not have one relevant question answered almost six years after the largest cert pull in history proved exactly who committed crimes against the shareholders of CMKX. It is not acceptable for the company to conceal all evidence of the fraud that happened while you do nothing with the evidence you have six years later. It is not acceptable for the company to say Urban Casavant was a mastermind of this fraud and have his accomplice hold our claims we have left. It is not acceptable that no action was taken against the SEC, DOJ, all other brokers who naked shorted CMKX stock, the OIG office of the SEC when they have all breached their mandated duties in this case. It is not unacceptable the shareholders don't know what records Bill Frizzell had in is possession from the SEC while he worked with Urban Casavant. It is unacceptable that easily obtained evidence was not used in your cases against company insiders and Roger Glenn. It is unacceptable that the company is fully aware that the Silver State Bank records were fully known to all CMKX management in early 2005, but they all lied about not being made aware that there was fraud occurring by CMKX management while Roger Glenn, Robert Maheu, Donald Stoecklein, Bill Frizzell all worked and promoted CMKX. It is unacceptable that six hundred billion shares traded after the SEC and DOJ subpoenaed the fraud records which were used in the DOJ's indictments and SEC's civil actions, by law they had the duty to halt CMKX and stop the fraud and protect the investors, they did the opposite while Bill Frizzell worked with them having access to the SEC file and SEC confidential banking records.

I could list at least a hundred more examples of how our company has breached their fiduciary duty to the shareholders of CMKX. Cleary the brokers sold hundreds of billions of counterfeit shares of CMKX stock, that is not even in question. Clearly they were identified in the cert pull done by Bill Frizzell, among others. Bill Frizzell, after he had access to the Silver State Bank records, stated the shareholders he worked for were handed a silver platter of the largest proven naked short in history, plus the goods in Saskatchewan. The cert pull he worked on would have proven that statement to be true or false, he never said it was false in June 2006 when the cert pull ended, and if the cert pull proved he was wrong he had the duty to his clients to tell them immediately then. The cert pull proved he was correct, but has been hidden for five and a half years while the company pretended they didn't have those results.

Enough is enough Mr. Kirkpatrick. The shareholders have the right to the following questions, which will be sent to the OIG and to William Woerner of the Nevada FBI as well as it is their duty to answer these questions as well. Both have had mountains of evidence entered to them of the fraud that has taken place in CMKX outside the corrupt insiders of of the company. Evidence was entered to the Victims' Rights Office of the DOJ, to the OIG of the SEC, to the Los Angeles DOJ, to our own company. Not one entity, including our company has answered one tough question, as if they did it would prove you all knew of the CMKX sting operation ,or it would prove that you all committed fraud against the shareholders of CMKX, either way you have all breached your legal duty to the shareholders of CMKX.

List of question you all refuse to answer, but all have the legal duty to answer:

1. What SEC confidential records did Bill Frizzell and CMKX management possess while working with Urban Casavant and promoting CMKX stock?

2. The DOJ and SEC subpoenaed the fraud records used in their actions in 2004, it was their duty to halt CMKX and protect the investors, so why did they allow the fraud to continue for an extra year? This allowed the insiders to launder their proceeds from their crimes, and allowed a further six hundred billion shares to trade in CMKX with all that proceeds being stolen by brokers on Wall Street.

3. Hundreds of billions of shares were traded by brokers other than NevWest Securities, why were those crimes covered up? Those brokers were warned in early 2005 that they were selling illegal shares, why did the SEC and Bill Frizzell and company management allow six hundred billion shares to trade after the fraud was already detected? Where is that money?

4. What action did Bill Frizzell or any CMKX management take against the DOJ, SEC, or OIG of the SEC for failing to protect the shareholders of CMKX?

5. When Bill Frizzell handed Leslie Hakala the fraud evidence in CMKX she had already subpoenaed the fraud records months before that, and was fully aware of the other brokers selling illegal shares in CMKX, so the cd Bill Frizzell handed here just proved what she already knew. Why did Bill Frizzell and other CMKX management not take action against Leslie Hakala for the fraud she covered up? Why did you not subpoena the phone records between Roger Glenn and leslie Hakala when Andrew Hill claimed they colluded together? Why did not one authority or our company question Mr. Hill?

6. Why is CMKX in a partnership with Urban Casavant's accomplice Emerson Koch, why was no action taken against him. Why was no action taken against CMKX management that allowed six hundred billion shares to trade after they were fully aware of the fraud that happened, the fraud was even in public news stories in Feb 2005?

7. The management of CMKX and Bill Frizzell had access to the SEC file in 2005, was the Silver State Bank fraud records in that file? If not the SEC had the duty to inform CMKX management they knew fraud had taken place in the company for years. Lawyers for defendants in the indictments by the Nevada DOJ have stated that the evidence held at the Foley Building in Nevada contains new evidence, about thirty percent new evidence, why was evidence held back from them when these records were held in Los Angeles? Was the company given access to this new evidence or did they always have access to all of their own company's records?

8. Has the OIG or the DOJ questioned Mr. Hodges? The company had the legal duty to investigate Mr. Hodges claims and subpoena a deposition from him to have him provide the information he has hidden from the company and its shareholders, they didn't. A group of shareholders had to and Mr. Hodges hid from the serving of this subpoena, forcing that group to have to file a complaint against Mr. Hodges with the CA Bar Association. All of these entities breached their legal duties in not demanding to see the evidence Mr. Hodges says he has possession of and breached their legal duty in not forcing Mr. Hodges to give the name of the person who was present when deals were cut with the DOJ and the brokers who committed massive rico fraud in this case. If the authorities did their legal duty the victims would have been compensated years ago.

In conclusion, the DOJ, SEC, and our company have had more than enough time to answer all the questions entered to them, and they have colluded to hide the facts in this case. It is clear that is either to hide their own culpability, or to hide the fact this was a sting operation. In either case, all shareholders of CMKX have had their rights violated for years by all. We expect immediate answers to the questions above and are taking legal action to obtain all of this evidence to finally after six years find out the truth. If Mr. Hodges was lying the company and the authorities know, they all have the obligation to stop his case if it is baseless. It has run for two years, with thirty promises that the money held by the authorities so the brokers could hide their rico fraud from the public would finally be released. In a complaint sent to William Woerner of the Nevada FBI shareholders asked Mr. Woerner to corroborate with Mr. Hodges the facts in this case, six months later we have no answers. The OIG clearly is stonewalling the investigation into CMKX and refuse to corroborate Mr. Hodges information. And our company has lied to the shareholders since Bill Frizzell signed non disclosure agreements with these agencies, Robert Maheu, and Urban Casavant in early 2005. There needs to be an independent party step in on behalf of the victims in this case, as they clearly have not had any representation for years. On behalf of all CMKX shareholders who are tired of being lied to, we expect immediate answers to the questions listed above and a resolution to this matter so our rights can finally stop being violated.

Thank you,

bona fide shareholder of CMKX

pletcherygh · 2012-11-29 08:05:22

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