CMKX naked short

[Axis]

Ultima news


We are not here due to a lost cause for us; We are here for what is due to us because of the lost.

The current and accurate information at this time are the following...
1. The CMKX Distribution Funds are in place.
2. Logistics being methodically worked.
3. ER (permission) is expected any moment, literally.
4. Attorney Hodges will notify the Shareholders when ER occurs.

Please remain civil to those who are stressed due to their individual circumstances. Keep the faith, remain positive, stay away from the negativity, and do not worry. Worrying is an unnecessary torture to what will be a great outcome and income for the Shareholders. Thank you All.


All the best,
BHollenegg

CMKX Unofficial Message Board - From: BHollenegg 12/3

[waterloo]

in questi giorni c'è molto fermento nei boards cmkx. Seguiamo con attenzione.

[waterloo]

se Acca non dice palle forse ci siamo, leggo questo ma non capisco il valore definitivo per share:

Initial small payment shold come before Christmass. Al hodges is in charge of this one and he is expected to put out news to us next monday most likely or next week.

Second payment will come in a packet to be received after january 1st 2011. ( larger payment)

For 1 million shares, initial payment will be in 5 figures.~~~~~~~~~~~~~~~~


My breakdown of 5 figures 6 figs and other below:

5 figures is from 10,000 $ to 99,999 $
which means, the initial payout is in cents.

1 cent out of a dollar= 1/100= 0.01
0.01 x 1,000,000 = 10,000.

So that is on intial payment, basicaly could be from one cent to 9 cents.
that is 5 figures to me.
~~~~~~~~~~~~~~~~~~~


Question to acca as to what wiill be total payment :
to repeat "1st payment on 1 mill shares will bring you to 5 figures.
After that ( including 2nd payment) it will be in 6 figures and aproaching 7 figures."

5 figures : 10,000 - 99,999.
6 figures: 100,000. - 999,999.
7 figures: 1,000,000. - 9,999,999.~~~~~~~~~~~~~~~~~~~~~~

In first part of recording Acca also said that 1 mill shares will bring 5 figures, and for a person with 10 mill shares it will be in 6 figures. << initial payment.

[stefanog23]

Non lo dice il valore definitivo, dice solo che per 1 milione di azioni il pagamento iniziale sarà compreso fra 10.000 e 99.999 $ e con la seconda trance arriverà a essere fra 100.000 e 999.999$.

Pagamento prima di Natale, dice...
Intanto il oggi il Giudice deve decidere se mandare avanti la causa o meno e credo che questa sia l'unica data in cui succederà qualcosa di concreto.

[waterloo]

riporto con traduzione google:

"Sì, ero lì e no, non sono ubriaco e non io non sono un altro amministratore muto. Mi sono occupato di questa sera e appena il tempo di postare!
Ancora una volta mi ha molto impressionato in quanto Al Hodges aveva da dire e parlava molto eloquente. E 'veramente fatto alcuna differenza di quello che ha detto, perché penso che sia stato già predeterminato essere licenziato! Il Governo non vuole che questo sia reso pubblico e quindi il motivo di licenziamento.

Dopo l'udienza, Al era di buon umore e sembrava molto sicuro di sé e sì che ha fatto dire che ci potrebbe essere un appello e ha detto che non sarebbe necessario, poi qualcuno ha chiesto se ci sarebbe stato pagato da Natale e, in sostanza, ha detto di sì. La vostra intenzione di chiedere se ho una buona sensazione su ciò che è successo oggi e la mia risposta sarebbe questa ----- mi metterò emozionato quando ho VEDERE soldi nel mio conto! Così ora aspettare fino alla fine dell'anno e mi auguro davvero sarà tutto finito per allora!!"

[stefanog23]

Onestamente non ho ben capito come mai in parecchi siano ottimisti dato che, se ho capito bene, la causa di AH è stata respinta dal giudice che ha deciso di non procedere.

Non so in base a cosa si possa pensare ad un pagamento entro natale...

Boh, è un mistero, per ora diciamo che è passato un altro giorno di parole positive e nessun fatto positivo.

[vyncy]

Aggiornamento diretto dell'avvocato Hodges. Provo a riassumere l'aspetto importante in poche parole (sperando di aver compreso bene):
accordo dietro le quinte tra Hodges e il governo. In pratica il Governo ha chiesto ad Hodges di far respingere la bivens in cambio del pagamento. Hodges ha accettato chiedendo in cambio il pagamento in due rate. Una entro Natale e il resto a Gennaio. Ma entro la scadenza dei 60 giorni per fare appello. In pratica Hodges gli ha detto Ok faccio come volete ma soldi in mano. Se non mi pagate entro 60 giorni faccio appello e sparo tutte le mie cartucce. Ecco perchè il ricorso è stato respinto ma si è tutti contenti lo stesso :-)
Aspetto conferma da parte vostra.




Litigation Update - December 7, 2010



I understand that many are anxious to receive an update directly from the horse’s mouth regarding the litigation and the Federal Court hearing of December 6; this is it. Let me begin by quoting a post of Mona’s from Tramp’s board which I found to be cogent and to the point [the bracketed portions are mine]:



The following is a MOST EXCELLENT post and the last sentence SAYS IT ALL as we move forward!

Protocol:

To the best of my recollection, Al mentioned to those of us standing outside the courtroom:

1. 300 people had been served [and/or being prosecuted] for financial fraud and there are more to follow with arrests.

2. Everyone wants to see proof however.

The reason for the hearing was not about presenting proof but about whether the complaint that was framed and filed has legal standing in this court.

a. One of the points here is that the judge and the other side have to assume that every point in the filing submitted is true.

b. The test this court was constrained to rule on [consider] was that if the plaintiff[s] (Al Hodges) goes to trial and proves everything stated in his complaint, is he entitled to a judgment/verdict?

c. This court says, NO

d. No, because we don't qualify for the takings clause. [Essentially because no prior Ninth Circuit or USSC case has so held.]

e. No, because we don't have property interest in the shares we hold. [Essentially because no prior Ninth Circuit or USSC case has so held.]

That's the current state of the law in the 9th circuit court.

Al argued yesterday that it was in fact a taking and the shareholders did hold shares considered to be property that had value.

The company (CMKM) was structured and had business rulings that rendered the shares of CMKM real and valid.

The shareholders had no other recourse or means of redress against the government and this appeal was the only means of acquiring justice and restitution. [Therefore, making this a perfect Bivens situation.]

As far as the US attorney that was there representing the defendants:

Al said this guy is the head [actually one of the Senior] US attorney in the LA office and he is very competent.

He doesn't know much of anything because his clients are not communicating with him and do not need to at this point.

So, when he stands up there to argue, he is doing so with minimal understanding of his client’s true role and culpability. They are not giving him direction or facts.

If we go along with the idea this was scripted and yielded plausible deniability for the government then it makes sense when AL says this is [should be] over by Christmas...

Yesterday’s hearing lent to logical reasoning that this has reached a conclusion.

Al can of course take this further with an appeal in 30 days which he says he will do if we are not paid.

We will see where it goes by the end of the year.

God willing, all the work behind the scenes is done and payments begin shortly!

Proto



Let me add a few other comments:

• I did have a colloquy with Mr. Staub prior to the hearing in which I confirmed that he had essentially little or no input from his individual clients and/or the SEC; he as well confirmed that he had absolutely no knowledge of any “behind-the-scenes” discussions or other activities.

• When the hearing began, I reviewed briefly for the Court the insistence of many of the original 13 states that the Bill of Rights be included in the Constitution as a condition of ratification, how the Fifth Amendment came about and what it means [e.g. it talks about all property – not just real property], the seminal decision of Marbury v. Madison (1803) and the more recent Bivens case; I also explained in some detail why the Broad case raised by defendants could not and was not controlling here; and, although I had to concede that no prior Bivens or ‘Takings’ case of any similarity could be found, I detailed for the Court the reasons why that should not stand in the way of this Court upholding the spirit of the Constitution and all the relevant Supreme Court cases decided there-under.

• The Court explained to all that the essence of the decision rested on the absence of any decided cases of similarity to this one; he did suggest that we might find a sympathetic ear in the Ninth Circuit Court of Appeals.

• I did take the opportunity to meet and speak with some of the 25 plus shareholders in attendance, after the hearing; most of the ‘quotes’ of my statements that you have seen posted are accurate; e.g. I did say that “.... if I were a betting man, I would bet that we will receive payment by Christmas.”

• I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent.

• Apparently, dismissal [one way or another] of this litigation was required by the Government as a condition of the release of CMKX payments; we shall soon see if that assessment is correct. Whether it is or not, be assured that an appeal to the Ninth Circuit [and the USSC if necessary] will be timely taken and aggressively pursued, until such time as the payments are made.





Let me also take this opportunity to correct some prior misunderstandings of some shareholders:

• It has been asserted that I am the trustee – I AM NOT.

• It has been asserted that I am pursuing litigation on behalf of Mr. Bonney and/or Mr. Cottrell [and that this is being done at the expense of CMKX] - I AM NOT. I hasten to add that I have written correspondence on their behalf in the belief that it would assist in speeding up the WGS payouts, and in turn the CMKX release.

• It has been suggested that my actions and/or lack of same is delaying receipt of payment by CMKX shareholders – IT IS NOT.

• It has been asserted that the WGS have nothing to do with, or affect CMKX – INCORRECT.

• Some seem to believe that I have instructed various plaintiffs [most of whom have their own sources of information] to go to the boards/pal-talk and release information [either for some specific purpose or to serve some ulterior agenda] – I HAVE NOT.

• Some seem to believe that my purpose here has been to mislead, string-along, etc., and is part of some ‘master-plan’ – NOT TRUE. This litigation was [and still is] meritorious and brought in good faith to assert the rights of shareholders who had been severely robbed and otherwise damaged as the direct result of Government actions which were outside of the bounds of permissible behavior; it was also believed that the filing would precipitate the kind of attention and focus required to bring this matter to conclusion.



Some will ask why I am so confident that we are about be finished with this unnecessarily lengthy travail. The only answer that I can give you at the moment is to ask you to consider how much of my time [most of it] and other resources [substantial sums of $$] have been devoted to the matters associated with CMKX during the past year. Although you can’t know for sure, most have an idea that it has been a very bizarre, complex, convoluted battle against some of the most powerful entities in the world; it’s been that and oh, so much more. At any rate, the reason I mention it at all, is as a basis for you to understand that I now receive almost daily information from FBI, CIA, NSA, Pentagon, and JCS sources, as well as a plethora of other people with whom I have established a rapport and respect, and who have met certain screening criteria. It is information assembled from these sources that persuade me.



Some will next ask if their information is so good and accurate, why were we not we paid months ago “as you indicated we would be.” The detailed answer to that question will of necessity have to wait for another day; however, the short answer is for you to look at our competition and the results of our efforts.



My very best regards to all,

Al Hodges

[waterloo]

Originalmente inviato da vyncy

Aggiornamento diretto dell'avvocato Hodges. Provo a riassumere l'aspetto importante in poche parole (sperando di aver compreso bene):
accordo dietro le quinte tra Hodges e il governo. In pratica il Governo ha chiesto ad Hodges di far respingere la bivens in cambio del pagamento. Hodges ha accettato chiedendo in cambio il pagamento in due rate. Una entro Natale e il resto a Gennaio. Ma entro la scadenza dei 60 giorni per fare appello. In pratica Hodges gli ha detto Ok faccio come volete ma soldi in mano. Se non mi pagate entro 60 giorni faccio appello e sparo tutte le mie cartucce. Ecco perchè il ricorso è stato respinto ma si è tutti contenti lo stesso :-)
Aspetto conferma da parte vostra.




Litigation Update - December 7, 2010


I understand that many are anxious to receive an update directly from the horse’s mouth regarding the litigation and the Federal Court hearing of December 6; this is it. Let me begin by quoting a post of Mona’s from Tramp’s board which I found to be cogent and to the point [the bracketed portions are mine]:



The following is a MOST EXCELLENT post and the last sentence SAYS IT ALL as we move forward!

Protocol:

To the best of my recollection, Al mentioned to those of us standing outside the courtroom:

1. 300 people had been served [and/or being prosecuted] for financial fraud and there are more to follow with arrests.

2. Everyone wants to see proof however.

The reason for the hearing was not about presenting proof but about whether the complaint that was framed and filed has legal standing in this court.

a. One of the points here is that the judge and the other side have to assume that every point in the filing submitted is true.

b. The test this court was constrained to rule on [consider] was that if the plaintiff[s] (Al Hodges) goes to trial and proves everything stated in his complaint, is he entitled to a judgment/verdict?

c. This court says, NO

d. No, because we don't qualify for the takings clause. [Essentially because no prior Ninth Circuit or USSC case has so held.]

e. No, because we don't have property interest in the shares we hold. [Essentially because no prior Ninth Circuit or USSC case has so held.]

That's the current state of the law in the 9th circuit court.

Al argued yesterday that it was in fact a taking and the shareholders did hold shares considered to be property that had value.

The company (CMKM) was structured and had business rulings that rendered the shares of CMKM real and valid.

The shareholders had no other recourse or means of redress against the government and this appeal was the only means of acquiring justice and restitution. [Therefore, making this a perfect Bivens situation.]

As far as the US attorney that was there representing the defendants:

Al said this guy is the head [actually one of the Senior] US attorney in the LA office and he is very competent.

He doesn't know much of anything because his clients are not communicating with him and do not need to at this point.

So, when he stands up there to argue, he is doing so with minimal understanding of his client’s true role and culpability. They are not giving him direction or facts.

If we go along with the idea this was scripted and yielded plausible deniability for the government then it makes sense when AL says this is [should be] over by Christmas...

Yesterday’s hearing lent to logical reasoning that this has reached a conclusion.

Al can of course take this further with an appeal in 30 days which he says he will do if we are not paid.

We will see where it goes by the end of the year.

God willing, all the work behind the scenes is done and payments begin shortly!

Proto



Let me add a few other comments:

• I did have a colloquy with Mr. Staub prior to the hearing in which I confirmed that he had essentially little or no input from his individual clients and/or the SEC; he as well confirmed that he had absolutely no knowledge of any “behind-the-scenes” discussions or other activities.

• When the hearing began, I reviewed briefly for the Court the insistence of many of the original 13 states that the Bill of Rights be included in the Constitution as a condition of ratification, how the Fifth Amendment came about and what it means [e.g. it talks about all property – not just real property], the seminal decision of Marbury v. Madison (1803) and the more recent Bivens case; I also explained in some detail why the Broad case raised by defendants could not and was not controlling here; and, although I had to concede that no prior Bivens or ‘Takings’ case of any similarity could be found, I detailed for the Court the reasons why that should not stand in the way of this Court upholding the spirit of the Constitution and all the relevant Supreme Court cases decided there-under.

• The Court explained to all that the essence of the decision rested on the absence of any decided cases of similarity to this one; he did suggest that we might find a sympathetic ear in the Ninth Circuit Court of Appeals.

• I did take the opportunity to meet and speak with some of the 25 plus shareholders in attendance, after the hearing; most of the ‘quotes’ of my statements that you have seen posted are accurate; e.g. I did say that “.... if I were a betting man, I would bet that we will receive payment by Christmas.”

• I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent.

• Apparently, dismissal [one way or another] of this litigation was required by the Government as a condition of the release of CMKX payments; we shall soon see if that assessment is correct. Whether it is or not, be assured that an appeal to the Ninth Circuit [and the USSC if necessary] will be timely taken and aggressively pursued, until such time as the payments are made.





Let me also take this opportunity to correct some prior misunderstandings of some shareholders:

• It has been asserted that I am the trustee – I AM NOT.

• It has been asserted that I am pursuing litigation on behalf of Mr. Bonney and/or Mr. Cottrell [and that this is being done at the expense of CMKX] - I AM NOT. I hasten to add that I have written correspondence on their behalf in the belief that it would assist in speeding up the WGS payouts, and in turn the CMKX release.

• It has been suggested that my actions and/or lack of same is delaying receipt of payment by CMKX shareholders – IT IS NOT.

• It has been asserted that the WGS have nothing to do with, or affect CMKX – INCORRECT.

• Some seem to believe that I have instructed various plaintiffs [most of whom have their own sources of information] to go to the boards/pal-talk and release information [either for some specific purpose or to serve some ulterior agenda] – I HAVE NOT.

• Some seem to believe that my purpose here has been to mislead, string-along, etc., and is part of some ‘master-plan’ – NOT TRUE. This litigation was [and still is] meritorious and brought in good faith to assert the rights of shareholders who had been severely robbed and otherwise damaged as the direct result of Government actions which were outside of the bounds of permissible behavior; it was also believed that the filing would precipitate the kind of attention and focus required to bring this matter to conclusion.



Some will ask why I am so confident that we are about be finished with this unnecessarily lengthy travail. The only answer that I can give you at the moment is to ask you to consider how much of my time [most of it] and other resources [substantial sums of $$] have been devoted to the matters associated with CMKX during the past year. Although you can’t know for sure, most have an idea that it has been a very bizarre, complex, convoluted battle against some of the most powerful entities in the world; it’s been that and oh, so much more. At any rate, the reason I mention it at all, is as a basis for you to understand that I now receive almost daily information from FBI, CIA, NSA, Pentagon, and JCS sources, as well as a plethora of other people with whom I have established a rapport and respect, and who have met certain screening criteria. It is information assembled from these sources that persuade me.



Some will next ask if their information is so good and accurate, why were we not we paid months ago “as you indicated we would be.” The detailed answer to that question will of necessity have to wait for another day; however, the short answer is for you to look at our competition and the results of our efforts.



My very best regards to all,

Al Hodges

potrebbe essere perchè così si spiegano le effusioni di Acca e quelle di Boll...., non capisco però questo pps di quanto sarebbe.
Tra l'altro Hodges scommette che gli shareholders saranno pagati per Natale.

[stefanog23]

Ok grazie delle precisazioni.
Speriamo non sia solo un modo per tirare la storia avanti altri 60 giorni.

[waterloo]

Re: IT IS OUT COMPANIES DUTY TO PR AL'S UPDATE
« Reply #29 Today at 9:04am »
well kevin is back and it is time for the shareholders to get some answers immediately imo, and all shareholders should email or fax our company and ask for them to do their duty:


dkoch@kochscow.com, kwest@cmkmdiamondsinc.com

Dear Kevin West, Bill Frizzell, and David Koch


It is the legal duty of those that run our company and are involved in lawsuits against Urban Casavant and other to verify the facts in Mr. Hodge's case immediately. He has, as you all know, dropped his Bivens case in a negotiation with the government to release our money held in trust for the benefit of all cmkx shareholders.

There are major implications in your own ongoing cases against insiders of cmkx that need to be addressed given the funds from a sting operation involving cmkx and in particular Urban Casavant have now been verified in court and are about to be released imminently due to Mr. Hodges dropping his case against the sec.

Here is Mr. Hodges update, it is the companies duty to verify this information and put out a press release of the facts in this case, including information on details of the trust, ie the pro rata distribution numbers. It is vital to have this information in a document so shareholders can use it to save their homes and get operations they need but can't afford. The government has lied to Mr. Hodges over and over and it could happen again, so there needs to be an avenue for those shareholders in need to access funds immediately, and documentation stating what our pro rata distribution is to be would suffice.

All shareholders look forward to our own company acting professional and ending this operation. Thanks

Here is portions of Mr. Hodges update from his litigation:


Let me add a few other comments:
• I did have a colloquy with Mr. Staub prior to the hearing in which I confirmed that he had essentially little or no input from his individual clients and/or the SEC; he as well confirmed that he had absolutely no knowledge of any “behind-the-scenes” discussions or other activities.
• When the hearing began, I reviewed briefly for the Court the insistence of many of the original 13 states that the Bill of Rights be included in the Constitution as a condition of ratification, how the Fifth Amendment came about and what it means [e.g. it talks about all property – not just real property], the seminal decision of Marbury v. Madison (1803) and the more recent Bivens case; I also explained in some detail why the Broad case raised by defendants could not and was not controlling here; and, although I had to concede that no prior Bivens or ‘Takings’ case of any similarity could be found, I detailed for the Court the reasons why that should not stand in the way of this Court upholding the spirit of the Constitution and all the relevant Supreme Court cases decided there-under.
• The Court explained to all that the essence of the decision rested on the absence of any decided cases of similarity to this one; he did suggest that we might find a sympathetic ear in the Ninth Circuit Court of Appeals.
• I did take the opportunity to meet and speak with some of the 25 plus shareholders in attendance, after the hearing; most of the ‘quotes’ of my statements that you have seen posted are accurate; e.g. I did say that “.... if I were a betting man, I would bet that we will receive payment by Christmas.”
• I am of the opinion that we are at the last turn in the road. More straight forwardly I do believe, based upon information from many, many sources including my work on securing release of the World Global Settlement funds, that payment is imminent.
• Apparently, dismissal [one way or another] of this litigation was required by the Government as a condition of the release of CMKX payments; we shall soon see if that assessment is correct. Whether it is or not, be assured that an appeal to the Ninth Circuit [and the USSC if necessary] will be timely taken and aggressively pursued, until such time as the payments are made.


Let me also take this opportunity to correct some prior misunderstandings of some shareholders:
• It has been asserted that I am the trustee – I AM NOT.
• It has been asserted that I am pursuing litigation on behalf of Mr. Bonney and/or Mr. Cottrell [and that this is being done at the expense of CMKX] - I AM NOT. I hasten to add that I have written correspondence on their behalf in the belief that it would assist in speeding up the WGS payouts, and in turn the CMKX release.
• It has been suggested that my actions and/or lack of same is delaying receipt of payment by CMKX shareholders – IT IS NOT.
• It has been asserted that the WGS have nothing to do with, or affect CMKX – INCORRECT.
• Some seem to believe that I have instructed various plaintiffs [most of whom have their own sources of information] to go to the boards/pal-talk and release information [either for some specific purpose or to serve some ulterior agenda] – I HAVE NOT.
• Some seem to believe that my purpose here has been to mislead, string-along, etc., and is part of some ‘master-plan’ – NOT TRUE. This litigation was [and still is] meritorious and brought in good faith to assert the rights of shareholders who had been severely robbed and otherwise damaged as the direct result of Government actions which were outside of the bounds of permissible behavior; it was also believed that the filing would precipitate the kind of attention and focus required to bring this matter to conclusion.

Some will ask why I am so confident that we are about be finished with this unnecessarily lengthy travail. The only answer that I can give you at the moment is to ask you to consider how much of my time [most of it] and other resources [substantial sums of $$] have been devoted to the matters associated with CMKX during the past year. Although you can’t know for sure, most have an idea that it has been a very bizarre, complex, convoluted battle against some of the most powerful entities in the world; it’s been that and oh, so much more. At any rate, the reason I mention it at all, is as a basis for you to understand that I now receive almost daily information from FBI, CIA, NSA, Pentagon, and JCS sources, as well as a plethora of other people with whom I have established a rapport and respect, and who have met certain screening criteria. It is information assembled from these sources that persuade me.

Some will next ask if their information is so good and accurate, why were we not we paid months ago “as you indicated we would be.” The detailed answer to that question will of necessity have to wait for another day; however, the short answer is for you to look at our competition and the results of our efforts.

My very best regards to all,
Al Hodges