Burrell answers for Second Set of Questions:
1) Bud ,were cmkx shareholders short changed on their dividends before delisting? Especially interested if we were short changed on CIM dividend, because of NSS?"
ANS: It is probable that more CMKX shares were presented to collect the CIM dividend than existed. If such were the case, the normal procedure would be for all shares to be given the dividend. The only alternative would be to pro-rate the actual number of shares across all shareholders, meaning the real shares would receive less than the number of CIM shares due. The Transfer Agent should be able to answer that question directly.
2) How can a CEO of a company trade it's assets to another company for stock if he does not own 51% of the OS and is this the case with CMKX?
ANS: He would require a Board Resolution, unless he were the sole recorded officer and director, which can happen with a Nevada Corp. He only needs a controlling number of shares proxies to take the action described, which would require a majority board approval.
3) During your last Q&A session, you were not familiar with the NVSE or the involvement of Gary Walters, what are your thoughts on this now?
ANS: I read the press release on the Web that was sent to me by the administrators. I had not seen it before. What I did notice was the involvement of a number of the founders of CMKX being involved. My first issue was the “guarantee” of investors’ investments? This wording and action is specifically prohibited by the Rules of the SEC. The issue of precluding short selling is said as double talk. ANY Instantenous DVP system has no shorting. An instantaneous DVP system requires very specific de-materialization processes and unified custody. This appear absent. As I said before, I would have a hundred questions for these people before I would believe anything they said, and I would want their answers under oath.
4) Can you explain your thoughts on pro se/ pro per suits? How does this relate to Rod Young of Eagletech?
ANS: Pro Se/Pro Per lawsuits put an enormous burden on the plaintiff, one of having to argue his own case as if he were a lawyer. Rod Young is an exception to the rule, having pled cases Pro Se before he came to this arena, in the specific space of eminent domain. When his counsel would not support his opposition to his Company, Eagletech being deregistered, he pled his case pro se to the SEC, winning a hearing with the SEC Commission, a level NO ONE has previously gotten to. In doing so, he also got also on them, a position only obtained by one other victim company.
5) When you spoke of pro se/ pro per suits, were you encouraging shareholders to take this course of action?
ANS: I was not. Very few are up to it. Rod Young is a Mensa intellect, and brighter than all but a small handful of lawyers in this country
6) What are your thoughts on Robert Maheu?
ANS: He is a good senior man, with a breadth of experience matched by few. I have spoken about him in my radio interviews on CFRN, which I invite you to listen to. I honestly don’t know what he knows about either development stage companies, or securities laws and reporting. He and I have had mutual friends and acquaintances over the last thirty years, without ever meeting personally.
7) You are not invested and would not invest in CMKX if given the opportunity. Why did you accept the invitation to speak in our forum?
ANS: I have friends who own the stock, and who have provided me personally with valuable help and introductions. I was asked to do this courtesy by courteous people. Simple question, direct answer.
8) Bud or Mark,
I have absolutely no experience with class actions let alone the American Justice System as I am Canadian. If it comes to that, how long would this be tied up in the courts and if we win what kind of restitution would we expect?
ANS: I am not a lawyer and I don’t give legal advice. A competent representative of the class would have to speak directly to a specialist in these actions, which generally take several years to resolve.
9) Is it still possible to file a class action? In the event that one is filed, to what extent will the shareholders benefit, other than maybe bringing these bad guys to justice. Seems to me, that fines imposed by the SEC do not necessarily benefit the shareholder, it certainly didn't where ENRON was concerned...the only benefit was seeing them do the perp walk and donuts to dollars What are your thoughts?
ANS: It is still possible to file such an action, particularly if it were discovered that RICO was involved, thereby suspending the statute of limitations. That is what happened with Milberg. These cases rarely return more than $.10 on the dollar.
10) It is my understanding that brokers are citing various fed / sec laws that prohibit states from engaging in activities that go against fed laws...the Utah NSS issue for example?
ANS: This is a constitutional question. The Utah action doesn’t challenge control of the SEC monitored activities, rather, they demand reasonable disclosure, which is permitted by the Constitution, specifically with regards to States Rights under Separation of Powers.
11) How about a petition signed by 40000 shareholders of one company to all the basteges responsible for INACTION? Would it do any good?
ANS: Such a petition published on the pages of the Wall Street Journal or any major Newspaper would generate national attention, and couldn’t be ignored by the Congress. I hear you all blaming the SEC all the time, when it is the Congress to which it reports. Stuff that petition down the throats of these parties.
12) Bud or Mark?
Have they discovered the person or department within the SEC that received the Milberg whistleblower's complaints, therefore launching the subsequent investigation's?
Seems to me someone inside the SEC was in the "Pocket" of Milberg.
ANS: Maybe you know something I don’t, but the whistleblower went to the DOJ, and no one I know is aware of the SEC having anything to do with this RICO indictment.
13) I understand that whistle blowers no longer enjoy protection for exposing greed and corruption..anyone?
ANS: Whistleblowers are still protected on a imited basis, but I am not familiar enough with the law to tell you anything about it.
14) Should we go after the dtcc? Would we get anywhere?
ANS: IMO, it is a waste of time, AT THIS STAGE IN THE PROCEEDINGS. BUT THEY WILL FALL.
15) This one to both Bud and Mark.
Bud previously indicated that he heard CMKX OS was about 103 billion.
According to infomine CMKM is the operator of a diamond exploration project in the Falc, and is earning working and net revenue interests in additional diamond exploration prospects in the Falc and proven uranium prospects in northern Saskatchewan, and there are more. These interests I reference are connected with Star Uranium and United Carina and public knowledge.
If OS is 103 billion shares, and if CMKM has value based on proven minable assets, and NSS is 500 billion...is it possible given the cert pull scenario that CMKM forced a settlement for NSS?
ANS: Any answer would only be speculation.
16) I assume the President of the United States is fully aware of the specifics of counterfeit shares, cellar boxing, etc, etc, etc., which is literal theft of intelligence in some instances and conspiring to steal investment dollars from citizens of the US. I say this because the president abruptly stopped plumbing his social security reform plan, and I wrote him a letter a year ago and told him all about it ..lol. Senators, Congressmen, and other leaders that we trust know more about these issues than me, yet it continues.
Is the United States, including the president, senate and congress governed and operated by a Mafia or worlds richest people?
To simplify my question I ask, "What the hell is going on?"
ANS: That is what we all need to know, both at the micro and macro levels.
17) Since we can't get a response from our company, what chance do we have of gathering the names of those without certs, to move forward with any of these ideas?
ANS: File a suit, name the Transfer Agent, and demand production of the Stock Record Book, the Stock Transfer Ledger, the shareholder list, and the Transaction Ledger. Get those and then pay a professional ( I have them) to analyze them. Also demand a full “Accounting” to get the legal outstanding shares number.
18) If you already have received your shares in cert form, can you file something on behalf of the shareholders who have not, or in a way that demonstrates we are suffering from their lack of delivery of shares? (such as the delay of delivery of ETGMF or "other assets")
ANS: If the legitimate shareholders are denied their certs under Nevada Law, that is Securities Fraud, and is actionable. Eat their livers
19) Is it not the company's responsibility to lead and organize the shareholders and co-ordinate any of the efforts or campaigns you have suggested ? Please just give me the straight facts and point me in the right direction.
ANS: You have an Owners’ Group that is supposed to be representing you. Go to your Counsel.
20) A Petition sounds great,but why limit it to only shareholders?
ANS: It doesn’t have to be limited to just shareholders.
21) We need to put a very LARGE add in the USA Today and the WSJ, And tell the world that Nevada needs to uphold the law and prosecute the brokers who haven't given the shareholders their certs!!
This would be huge IMO. What are your thoughts on this idea?
ANS: Exactly what I said above.
22) A question for Mr. Burrell...
From my understanding of this whole NSS/Share Counterfeiting scandal in the markets, the MAIN reason why the Naked Shorters/Share Counterfeiters get away with their crimes, is that they get paid automatically when the shares are sold, but NOT delivered!
Why is this so? And who set up this system?
Wouldn't a simple requirement that shares have to be DELIVERED before any payment is made, eliminate any NSS/Share Counterfeiting?
As a former business owner, it boggles my mind that this is the current system that is in place! It is an invitation to corruption, and coupled with the lack of enforcement or the lack of deterrence to the ones that are caught... it's no wonder to me, as to why the current markets are the way they are!
Read the history of Reg SHO and its grandfathering, absolute BS by any imaginable moral standard. Watch the DVD “The Corporation” to understand what is being done to all of you.
23) Mr. Faulk,
What inspired you to write a book about this company?
24) Mr. Faulk,
Have you ever met Robert Maheu?
25) Could any rule/regulation/law prevent the company from communicating with the shareholders?
ANS: Just the Opposite. Reg Fair Disclosure requires any public company to disclose all material events contemporaneously, by methods of broad public dissemination. Anyone telling otherwise is invited to meet me in open public debate. The winner by a majority vote would be allowed to beat the living crap out of the lying scumbag saying this is not so.
26) Hedge funds have lobbyists in Washington D.C. Do supporters of market reform have lobbyists also?
ANS: Very few of the latter, and they don’t work for free for the most part. The ACLU has seen these causes and wouldn’t touch them, fearing impact on their donations.
27) Congress and the SEC taking measures to promote reform and a fair market is a process that is as slow as molasses. What can shareholders do to make them get up off of their collective asses and do their jobs?
ANS: Vote their asses out of office. Spray paint the curbs of their houses Bright Yelllow and Brown.
28) When the DTCC called on brokerages to remove positions in CMKX from their vault , stating shares not removed voluntarily would be removed by the DTCC, and sent to the transfer agent, did this remove ALL liability from the DTCC?
ANS: In their dreams. They are trying to protect their owners, and at the same time create a plausible excuse for destroying the related records, which is a Federal Felony.
29) Urban Casavant is said to be paying for the costs associated with the cert pull. If he had something to fear legally, do you believe he would be doing this?
ANS: He is doing it for one of several possible reasons: To mitigate his liability, out of genuine generosity, or out of fear for his safety. The first rule is “Who Benefits?”
30) The SEC's OIP against the company was filed prematurely. Why would they do this? Is it legal?
ANS: I don’t know, and I can’t answer for their motiviations or their legality.
31) Could the proceeds from said brokers FTD'S be considered Capital Gains & if so Wouldn't the Task force be inclined to share said information to the IRS?
ANS: Save it for the IRS. An IRS CI was the lead investigator on this case.
32) Mr Burrell, there have been certain actions by the management of CMKX that might indicate the possibility of registering and trading again. They have filed again with SOS of Nevada, and Maheu is among the directors.
Do you have an opinion on this?
ANS: It would be a good sign, but it could also be a head fake.
33) Mr Burrell,
from the last question/answer segment. you answered ;
" I don't know if I believe there is a settlement, probably I am sitting at 80-20 against, and 80-20 for a Sting."
My question: Why does the likelihood of a sting appear to decrease the likelihood of a settlement in your mind?
ANS: Thirty years of experience. I have never seen a material settlement of a sting.
34) Mr. Faulk,
Your book was due to be released in the month of June. However, it is now scheduled to be released in late July-early August. Does this delay have anything to do with a certain conclusion or ending you feel this extra time may produce?
35) Are we all just pawns in this thing who will some day receive no more than a verbal THANKS for all our stress and worry or do you think we will get something more?
ANS: I would bet on the former if I had to. There is an old line” : The race doesn’t always go to the fastest, or the fight to the strongest, BUT THAT’S THE WAY YOU BET!
36) Mr. Burrell....
On the 80-20 sting theory........that's pretty good odds........
What do you base this on?
If true....just how big can this be?
What might the outcome be?
ANS: No idea.
37) On the task force website, a Powerpoint presentation featuring Patrick Byrne is displayed. In your opinion, what is the purpose of this?
It is his analysis prepared for him on FTD’s. If you haven’t seen it, you should.
38) If this certificate pull is being employed for the sole purpose of distribution of the Entourage dividend, it would hardly seem worth all the time, efforts, and expenses incurred. It would also be a major disappointment to shareholders who have held on for a long period of time, without any information from the company. Why would Urban Casavant and Robert Maheu take steps to unite shareholders if this distribution will conclude negatively? Would this not be the same as mounting an army to fight against you?
ANS: It isn’t the way I would handle it. I would simply get the company reporting, and file the financials.
39)
www.cmkxownersgroup.com/JefferiesLetter.pdfDuring the time of this "error", the company's stock price diminished. Do shareholders have a definitive case against Jefferies for their part in manipulating the stock price, considering this document was sent to both the NASD and the SEC?
ANS: NO IDEA.
40) Have either of you met, or spoke with, USXP CEO Richard A. Altomare?
ANS: I have met him. USXP was the first company to file a researched complaint with the SEC on naked shorting in 1998, and later won two judgments for a total of $588 Million in Dade County Court against the notorious Ron Williams, back in Jail for his third State strike in Florida.
41) Do you think USXP CEO Richard A. Altomare will collect the $700,000,000 judgment against stock counterfeiters? Do you think Altomare will eventually "put the screws to" the existing stock counterfeiters in a manner that they will retreat with very sore a$$e$, having been taught a very important lesson?
ANS: My communications with the Company’s counsel are privileged and I can’t speak about them. I will say they have the SEC in discovery and have begun taking depositions.
42) What is it going to take for main street investors to "wake up" and take action against this electronic stock counterfeiting crime?
ANS: I can only speculate at a truly terrifying answer, a financial system meltdown.
43) Why is it that main street investors remain quiet and allow the crime to continue? Is this the result of some kind of "dumbing down" of our citizens in general?
ANS: See “The Corporation” DVD by Mark Abbott.
44) What has happened to cause this total disregard to ethics in our government service positions at the SEC and Congress. Why do the do our public servants collude with the private banking sector to fleece main street investors in such an egregious manner? Do you think this is linked to some sort of inappropriate upbringing of these public servants, on the part of their parents, or is it that educational institutions have deemphasized the importance of honesty and ethics?
ANS: DITTO.
45) Are you aware of this situation where terrorist funds were funneled through Bank of America?
cmkxunitedforum.proboards70.com/index.cgi?board=general&action=display&thread=1144122529&page=1Did you notice this missed the mainstream press entirely?
The press had to have been told to miss it. It is no secret that terrorist funds are being laundered on an enormous scale in our markets.
46) I realize you have not been on board the CMKM train for years, like the the shareholders have. Regardless of that, do you think it is possible that CMKM management is executing a grand plan to bring down the stock counterfeiting criminals in an effort to enrich the CMKM shareholders and crucify the criminals at the same time?
ANS: I have seen nothing to allow me to form an opinion either way. Conversely, in my thirty years in this space, it would be a first.
47) It seems to me that this open and blatant crime of stock counterfeiting could present a golden opportunity for someone to capitalize on the eventual unwinding of this racketeering scheme. Do you think there is a way to take advantage of this rampant criminal activity by our regulators and SRO's, in a manner that we could recapture the trillions of dollars they have stolen and bring them to their knees at the same time? Is there a way to do this that does not require the assistance of the treasonous and corrupted regulatory bodies that are part of the problem? Some of the CMKM shareholders believe that Bob Maheu recognizes the system is so corrupt, he is simply going to handle the criminals in a covert manner that they will understand most clearly. Is it really far fetched to believe that Bob Maheu would apply his specialized experience to accomplish one last mission that he appears to be most uniquely qualified for?
ANS: Can’t answer this one. I don’t have any reliable input to make such a determination.
48. Bud, If someone approached you and stated "Me, and 40,000 of my closest friends are tired of this stock market system that is infested with criminal and treasonous regulators and broker-dealers. We would like you to work with Bill Frizzell, or other trustworthy individuals, to create an honest broker dealer business that complies with several procedures that are important to us". We would like our new broker-dealer to NOT loan OUR shares to short sellers. We don't like signing our rights away when we open an account with all the usual suspect we are dealing with today. We would like our broker-dealer to ensure affirmative determination rules are strictly followed by all market makers employed for order flow. We would like our broker-dealer to be a shareholder advocate instead of using our positions for their own benefit and enrichment through every unethical procedure they can imagine".
What would you say to this? Isn't there a clear competitive advantage by advertising the ethical practices of such a broker-dealer, while exposing the criminal actions of the majority of operators? Is this pie-in-the-sky thinking, or could such a relationship be established by formation of such an admirable broker-dealer corporation?
ANS: For a final repeat, RE-watch “The Corporation” by Mark Abbott, available in better video stores, and from Amazon new and used, and Half.com used.