Post by fastwalker on Apr 18, 2006 17:02:17 GMT -5
Recently Bo made a post which I assume reflected his views and concerns. I have taken that same premise and expanded a bit more on it to address my discomfort with the ongoing tout by some clueless people regarding an immediate need for litigation...FW
Bo's post....
CMKX to use the money raised to work our claims diligently, using minimal dilution.
2) Report accurately and remain compliant as the company grew with hard work and mineral discoveries.
3) The stock be traded fairly.
The second GEMM dividend (which has still never been paid) is likely the time when NSS was at or near its peak. The fact that it has never been paid tells me that if we wanted to prove an NSS, have the T/A open the books on the deadline date which qualified CMKX shareholders of record to receive that dividend.
Nonetheless, this opened my eyes to the fact that the SEC KNOWS NSS OCCURS. Well sports fans, they had to prove that allegation somehow, and proof would come by OPENING UP THE DTC'S BOOKS!!
If it was important enough for the books to be open to charge NSS wrongdoing's in the case mentioned above, it sure as hell is as important in this case.
And I'm not talking about opening them up just on the day of revocation, I am talking about full disclosure of every trading day between March 2004 until the day of revocation.
It's about now seeing that what is right wins the day. Being right is something CMKX insiders and 'Shorty' have no concept. It's time they learn.
Bo
Had time to read and consider what was put forth by Bo in the preceding post. Bo posed some legitimate questions regarding
1. Money raised to work the claims
2. accountability and transparency in the financials
3.tradability of the CMKX stock at a FMV (Fair Market Value)
The most important aspect of being a bona fide CMKX shareholder and owning CMKX stock today in my humble opinion, is the directly related to knowledge of the past, current and future CMKX activities and the cohesiveness of the shareholder base, relevant to the facts and disposition regarding the cert pull efforts and other pertinent data,which we anticipate will be revealed on or before the 15 May 2006 cert pull deadline.
We were told that in order to legally and fairly expedite the process of the CMKX / Entourage distribution, that we must establish our claim as bona fide shareholders. Many have put forth explanations why that was a necessary requisite to receiving these dividends, when in the past, such actions were not necessary. Speculation regarding that aspect of the dividends can be obtained from various sources, but the consensus seems to be, as an effort to combat NSS by exposing it.
We find that being BONA FIDE is a pertinent status and in a legalese, it is essentially a status in which the premise of good faith; without fraud or deceit is present….. now think about all that entails…..
We further understand the necessity of this legal status (Bona Fide status) is based on the practice that the law requires all persons in their transactions, to act with good faith and a contract where the parties have not acted bona fide is void at the pleasure of the innocent party….ummmmm we are bona fide aren’t we?
If a contract be made with good faith, subsequent fraudulent acts will not vitiate it; although such acts may raise a presumption of antecedent fraud, and thus become a means of proving the want of good faith in making the contract.
In the civil law these actions are called (actiones) bonae fidei, in which the judge has a. more unrestrained power (liberior potestas) of estimating how much one person ought to give to or do, for another; whereas, those actions are said to be stricti juris, in which the power of the judge is confined to the agreement of the parties.
Examples of the former are the actions empti-venditi, locati-conducti, negitiorum gestorum, etc.; of the latter, the actions ex mutus, ex chirographo, ex stipilatu, ex indebito, actions proescriptis verbis, etc.
Which brings us to the reality of why we must be cohesive as a group and that is, simply because our best interest must be paramount in everything we do regarding this adventure. At this point in time, no one with the exception of those in the actual “know, “can accurately and truthfully elaborate on exactly what is happening. We have to remain on guard and vigilant against all pretenders, mainly because we do not know at this time who to believe and who concentrate on, given that we a are beset on many sides, by many people and activities consistent with a third party agenda which appears focused on depriving us of our expected benefits / “rights” from the purchase and retention of CMKX shares.
Much speculation has been generated regarding the cert pull. With the lack of viable communications being issued relevant to the cert pull, supposition has replaced what may actually be the “true” nature of the cert pull.
This supposition and lack of viable communications from the company and or the TF, has resulted in an ever widening conflict and division of the shareholder base.
This is separation of the shareholder base will be further exacerbated with the inclusion of J Shell and her cronies once again taking up a bashing status on RB. In my opinion, to engage in or respond to this individual and her associates in idiocy is counterproductive to the community and attempts to obscure those real benefits / “rights” that we may realized from our participating in CMKX. To engaged these individuals, even to lash out and tell them how ignorant, etc, etc they are for hanging around, serves only the agenda of a third party and truly precludes any built up unity and focus the community may have for the tasks ahead, which we may encounter as a result of revelations made relevant to the cert pull.
To paraphrase a quote by Bob Maheu located on #70, I would suggest that we can only succeed in this endeavor….. “ not because we have forgotten the past, but rather because we’ve remembered the past and are looking forward towards the future, as a focused group of shareholders, who are willing to work as a united front to extract all available sources of value, whatever they may be, from CMKX.
Guys, because each shareholder of CMKX will typically have to rely heavily on the abilities and judgment of other shareholders, in lieu of “actual” information from the company / TF to address issues as they may arise, we do have a natural common interest in preventing manipulators reaping the benefits of stripping our CMKX shares from us. They must be ignored, but their activities noted and retained to ensure that once they have exited attacking us /the company, some form of consequence can be visited upon them for their participation in these nefarious activities launched against us.
What we have all witnessed, as a result of our involvement in the pink sheets in general and CMKX specifically, has been the rampant, unbridled fraud and abuse of the public trust by many individuals acting alone or in concert with many others, to manipulate the public offerings of securities which are put forth by entrepreneurs and small emerging businesses.
We have also witnessed the lack of suitable responses from the appropriate regulatory authorities to identify and curtail these transgressions against the public trust. Some feel that it is necessary to wait on what is revealed regarding CMKX, in order to ascertain the true intentions associated with the cert pull. I count myself as one willing to wait. But there are others not so inclined.
They have made many accusations and manipulate data to justify their slanderous remarks directed at those charged with the past and current care and feeding of CMKX.
I personally feel that type of dialogue serves no useful purpose. We all in this boat together and the quicker those spouting such BS understand this, the better we will all be in the long term. We all understand how frustrating it has been dealing with CMKX and how this current cert pull process, devoid of viable communications from those in authority, does not alleviate any these concerns, only exacerbates our frustrations.
When I referenced manipulators of our stock previously, I was of course referring to any all persons who by virtue of their position were able to and in fact did, as indicated by their actions, demonstrate intent to willfully manipulate CMKX stock. It is to those people I am not addressing and is those people we need to focus our efforts, by way of the various provisions in federal and state securities statutes, which make it illegal to make a misstatement or omission of a material fact in connection with an offering of securities.
It is clear that both the company, and its officers and directors, can become subject to civil and, in severe cases, criminal liability for violations of these antifraud provisions.
But at this point, that is not the focus of our concern. We must broaden the scope of accountability from these “cut and dried” regulations and focus instead on and include those whose intent and design afforded them by their position(s), the highest possible impact on shareholders. Especially when they were allowed to engage in, without any repercussions whatsoever, deceptive trade practices used to manipulate the market environment in which CMKX was a part of, in order to deflate and hold down the PPS of the CMKX stock to present an unfair representation of it’s FMV (Fair Market Value).
I would also include in this “we’re going to hold you accountable” endeavor, a requirement to also look at others, who during the life cycle and now, are intentionally and willfully, with malice of forethought, through an individual and or concerted effort engaged in activities to once again visit upon us, more detrimental activities.
What I have attempted to demonstrated by this posting is the expansion of the questions asked by BO in the opening remarks of this post. I assume that he is calling for and intends to hold all parties accountable for their actions, regardless of their level of participation an activity that I agree with.
Obviously as shareholders of CMKX we are actually the injured party in these seemingly bizarre misadventures of CMKX. As such, we should be entitled to some form of monetary relief for our pain and suffering. In that sense, we must ascertain exactly who it is we should look to?
Along with Bo’s question I would still like just a “simple” non cryptic official PR which clearly states that the task force is in fact pursuing the NSS issue as a viable option.
If that is the case, that we are actively engaged in and or have actually identified as legally definable an NSS position in CMKX worthy of litigation where do I sign up to sue the bastards?
For those touting immediate litigation, I would remind them of this, there are too many unanswered question at this time to simply jump right into litigation. We need to first establish the true intent of the cert pull and then determine who is responsible for our past and ongoing current predicaments. Only then can we proceed with appropriate responses relevant to those discoveries.
In the event that a shareholder and or a minor collection of shareholders should move forward with an intent to litigate, prior to the certificate of dissolution being filed, it would be in all our collective best interest, to litigate against those who have moved forward without the collective's consent.
I suggest this because as pointed out by the author of the post.. cmkxunitedforum.proboards70.com/index.cgi?board=general&action=display&thread=1145232769 we can not be assured of fair and impartial distribution of the CMKX assets if and when the matter is directed by vindictive peoples.
Maybe litigation is forgone conclusion in this matter, but we do have sufficient time to initiate litigation after May 15th, 2006, when certain facts should be known and or we can surely extend that time frame to a date after the certificate of dissolution is filed, if it is, as necessary to form a plan of action.
I would also suggest that people consider the true problem we are facing right now regarding this saga and that is a further splintering of an already fragmented shareholder base. which plays to the strengths of our adversaries, by exploiting our lack of solidarity on matters of importance.....
People, ITS OBVIOUS to me, but apparently the collective has failed to grasp the significance of the litigation threats and other diversionary tactics...which I believe only leads to one conclusion, that is, if we don’t work together as one, we will be forced to litigate against ourselves and further delay this "wrapping up" of CMKX process even further. We truly do need to get a grip on reality and act as a collective focused on the prize and not as a mob with individual interests.
Fw
Bo's post....
CMKX to use the money raised to work our claims diligently, using minimal dilution.
2) Report accurately and remain compliant as the company grew with hard work and mineral discoveries.
3) The stock be traded fairly.
The second GEMM dividend (which has still never been paid) is likely the time when NSS was at or near its peak. The fact that it has never been paid tells me that if we wanted to prove an NSS, have the T/A open the books on the deadline date which qualified CMKX shareholders of record to receive that dividend.
Nonetheless, this opened my eyes to the fact that the SEC KNOWS NSS OCCURS. Well sports fans, they had to prove that allegation somehow, and proof would come by OPENING UP THE DTC'S BOOKS!!
If it was important enough for the books to be open to charge NSS wrongdoing's in the case mentioned above, it sure as hell is as important in this case.
And I'm not talking about opening them up just on the day of revocation, I am talking about full disclosure of every trading day between March 2004 until the day of revocation.
It's about now seeing that what is right wins the day. Being right is something CMKX insiders and 'Shorty' have no concept. It's time they learn.
Bo
Had time to read and consider what was put forth by Bo in the preceding post. Bo posed some legitimate questions regarding
1. Money raised to work the claims
2. accountability and transparency in the financials
3.tradability of the CMKX stock at a FMV (Fair Market Value)
The most important aspect of being a bona fide CMKX shareholder and owning CMKX stock today in my humble opinion, is the directly related to knowledge of the past, current and future CMKX activities and the cohesiveness of the shareholder base, relevant to the facts and disposition regarding the cert pull efforts and other pertinent data,which we anticipate will be revealed on or before the 15 May 2006 cert pull deadline.
We were told that in order to legally and fairly expedite the process of the CMKX / Entourage distribution, that we must establish our claim as bona fide shareholders. Many have put forth explanations why that was a necessary requisite to receiving these dividends, when in the past, such actions were not necessary. Speculation regarding that aspect of the dividends can be obtained from various sources, but the consensus seems to be, as an effort to combat NSS by exposing it.
We find that being BONA FIDE is a pertinent status and in a legalese, it is essentially a status in which the premise of good faith; without fraud or deceit is present….. now think about all that entails…..
We further understand the necessity of this legal status (Bona Fide status) is based on the practice that the law requires all persons in their transactions, to act with good faith and a contract where the parties have not acted bona fide is void at the pleasure of the innocent party….ummmmm we are bona fide aren’t we?
If a contract be made with good faith, subsequent fraudulent acts will not vitiate it; although such acts may raise a presumption of antecedent fraud, and thus become a means of proving the want of good faith in making the contract.
In the civil law these actions are called (actiones) bonae fidei, in which the judge has a. more unrestrained power (liberior potestas) of estimating how much one person ought to give to or do, for another; whereas, those actions are said to be stricti juris, in which the power of the judge is confined to the agreement of the parties.
Examples of the former are the actions empti-venditi, locati-conducti, negitiorum gestorum, etc.; of the latter, the actions ex mutus, ex chirographo, ex stipilatu, ex indebito, actions proescriptis verbis, etc.
Which brings us to the reality of why we must be cohesive as a group and that is, simply because our best interest must be paramount in everything we do regarding this adventure. At this point in time, no one with the exception of those in the actual “know, “can accurately and truthfully elaborate on exactly what is happening. We have to remain on guard and vigilant against all pretenders, mainly because we do not know at this time who to believe and who concentrate on, given that we a are beset on many sides, by many people and activities consistent with a third party agenda which appears focused on depriving us of our expected benefits / “rights” from the purchase and retention of CMKX shares.
Much speculation has been generated regarding the cert pull. With the lack of viable communications being issued relevant to the cert pull, supposition has replaced what may actually be the “true” nature of the cert pull.
This supposition and lack of viable communications from the company and or the TF, has resulted in an ever widening conflict and division of the shareholder base.
This is separation of the shareholder base will be further exacerbated with the inclusion of J Shell and her cronies once again taking up a bashing status on RB. In my opinion, to engage in or respond to this individual and her associates in idiocy is counterproductive to the community and attempts to obscure those real benefits / “rights” that we may realized from our participating in CMKX. To engaged these individuals, even to lash out and tell them how ignorant, etc, etc they are for hanging around, serves only the agenda of a third party and truly precludes any built up unity and focus the community may have for the tasks ahead, which we may encounter as a result of revelations made relevant to the cert pull.
To paraphrase a quote by Bob Maheu located on #70, I would suggest that we can only succeed in this endeavor….. “ not because we have forgotten the past, but rather because we’ve remembered the past and are looking forward towards the future, as a focused group of shareholders, who are willing to work as a united front to extract all available sources of value, whatever they may be, from CMKX.
Guys, because each shareholder of CMKX will typically have to rely heavily on the abilities and judgment of other shareholders, in lieu of “actual” information from the company / TF to address issues as they may arise, we do have a natural common interest in preventing manipulators reaping the benefits of stripping our CMKX shares from us. They must be ignored, but their activities noted and retained to ensure that once they have exited attacking us /the company, some form of consequence can be visited upon them for their participation in these nefarious activities launched against us.
What we have all witnessed, as a result of our involvement in the pink sheets in general and CMKX specifically, has been the rampant, unbridled fraud and abuse of the public trust by many individuals acting alone or in concert with many others, to manipulate the public offerings of securities which are put forth by entrepreneurs and small emerging businesses.
We have also witnessed the lack of suitable responses from the appropriate regulatory authorities to identify and curtail these transgressions against the public trust. Some feel that it is necessary to wait on what is revealed regarding CMKX, in order to ascertain the true intentions associated with the cert pull. I count myself as one willing to wait. But there are others not so inclined.
They have made many accusations and manipulate data to justify their slanderous remarks directed at those charged with the past and current care and feeding of CMKX.
I personally feel that type of dialogue serves no useful purpose. We all in this boat together and the quicker those spouting such BS understand this, the better we will all be in the long term. We all understand how frustrating it has been dealing with CMKX and how this current cert pull process, devoid of viable communications from those in authority, does not alleviate any these concerns, only exacerbates our frustrations.
When I referenced manipulators of our stock previously, I was of course referring to any all persons who by virtue of their position were able to and in fact did, as indicated by their actions, demonstrate intent to willfully manipulate CMKX stock. It is to those people I am not addressing and is those people we need to focus our efforts, by way of the various provisions in federal and state securities statutes, which make it illegal to make a misstatement or omission of a material fact in connection with an offering of securities.
It is clear that both the company, and its officers and directors, can become subject to civil and, in severe cases, criminal liability for violations of these antifraud provisions.
But at this point, that is not the focus of our concern. We must broaden the scope of accountability from these “cut and dried” regulations and focus instead on and include those whose intent and design afforded them by their position(s), the highest possible impact on shareholders. Especially when they were allowed to engage in, without any repercussions whatsoever, deceptive trade practices used to manipulate the market environment in which CMKX was a part of, in order to deflate and hold down the PPS of the CMKX stock to present an unfair representation of it’s FMV (Fair Market Value).
I would also include in this “we’re going to hold you accountable” endeavor, a requirement to also look at others, who during the life cycle and now, are intentionally and willfully, with malice of forethought, through an individual and or concerted effort engaged in activities to once again visit upon us, more detrimental activities.
What I have attempted to demonstrated by this posting is the expansion of the questions asked by BO in the opening remarks of this post. I assume that he is calling for and intends to hold all parties accountable for their actions, regardless of their level of participation an activity that I agree with.
Obviously as shareholders of CMKX we are actually the injured party in these seemingly bizarre misadventures of CMKX. As such, we should be entitled to some form of monetary relief for our pain and suffering. In that sense, we must ascertain exactly who it is we should look to?
Along with Bo’s question I would still like just a “simple” non cryptic official PR which clearly states that the task force is in fact pursuing the NSS issue as a viable option.
If that is the case, that we are actively engaged in and or have actually identified as legally definable an NSS position in CMKX worthy of litigation where do I sign up to sue the bastards?
For those touting immediate litigation, I would remind them of this, there are too many unanswered question at this time to simply jump right into litigation. We need to first establish the true intent of the cert pull and then determine who is responsible for our past and ongoing current predicaments. Only then can we proceed with appropriate responses relevant to those discoveries.
In the event that a shareholder and or a minor collection of shareholders should move forward with an intent to litigate, prior to the certificate of dissolution being filed, it would be in all our collective best interest, to litigate against those who have moved forward without the collective's consent.
I suggest this because as pointed out by the author of the post.. cmkxunitedforum.proboards70.com/index.cgi?board=general&action=display&thread=1145232769 we can not be assured of fair and impartial distribution of the CMKX assets if and when the matter is directed by vindictive peoples.
Maybe litigation is forgone conclusion in this matter, but we do have sufficient time to initiate litigation after May 15th, 2006, when certain facts should be known and or we can surely extend that time frame to a date after the certificate of dissolution is filed, if it is, as necessary to form a plan of action.
I would also suggest that people consider the true problem we are facing right now regarding this saga and that is a further splintering of an already fragmented shareholder base. which plays to the strengths of our adversaries, by exploiting our lack of solidarity on matters of importance.....
People, ITS OBVIOUS to me, but apparently the collective has failed to grasp the significance of the litigation threats and other diversionary tactics...which I believe only leads to one conclusion, that is, if we don’t work together as one, we will be forced to litigate against ourselves and further delay this "wrapping up" of CMKX process even further. We truly do need to get a grip on reality and act as a collective focused on the prize and not as a mob with individual interests.
Fw