Owner
Post by Franko10 ™ on Dec 14, 2007 8:26:43 GMT -5
I had read a post awhile ago in regards to our right to find out more info from company and I thought, yes what can we do to find out more info? I thought I would start with a complaint to the SEC and see where that got me. According to their website there are forms you can complete for each type of complaint. Since mine wasn't specific enough to fall into one of those categories, I emailed directly.
See my email to them below and their responses. At first a "form letter" and then one from Ann Sulzberg. Please see all emails below. I replied to the one from Ann and left my number. She called back within a couple of hours.
Her response was that there was a misconception with the Reg SHO and Grandfather clause in that CMKM would have had to be a registered company to be on the Reg SHO list at the time that the GFC refers to ie prior to January 2005. She stated that she would neither confirm nor deny that there was an investigation ongoing with CMKM Diamonds
She went on about a lot of things and I wanted to know; if we were registered then, how would the short sales be settled and where would money go- to the company? If yes, how would shareholders be affected?
She said a lot of things and I'm sorry I can't summarize as it appeared she was talking in circles. However, she did say that the bottom line was that "it was up to the company to decide what information was to be released, as they are not a reporting company anymore". Also "if the Reg SHO did affect CMKM shareholders, I don't know how the company would take care of the fail-to-deliver shares as the company isn't registered".
So, IN MY OPINION what Kevin and Bill are doing to get us back to trading and reporting status is the key to get any ROI.
As I said above, she stated she would not confirm nor deny that an investigation had or was taking place in CMKM Diamonds. However, she knew the whole story- ie. revocation, cert pull, taskforce, Frizzell's attempt at proving NSS, Mahue, CMKM website, Entourage, Kevin West and all the litigation. So you make your own conclusions as to whether or not they have been investigating CMKM Diamonds.
MY EMAIL:
Dear Sirs/Madames
I am sure you are familiar with the company CMKM Diamonds (CMKX on pinksheets). If not please refer to the link below.
I was going to file a complaint using your online forms, but there isn't one form that will cover the situation with this company. If you check your records, you will find that we were revoked in October 2005. The hearings prior to revocation are mostly likely in your records as well.
To make a long story, short, this company was a victim of naked short selling. It has never been fully stated this is the case, however, evidence collected by the company via certificate pull, demonstrated that there were definitely brokers who had not legally borrowed the shares prior to selling them to the investing public.
There is speculation on various stings and schemes that were set up to clear all the injustice that the shareholders of this company were a victim of.
CMKM now has it's own litigation with several individuals and entities and is posted to the company website at www.cmkmdiamondsinc.com/index.php, however, the information the company has provided is limited. We, the shareholders want to know what can be done to force the company to provide answers to all our questions. There are so many questions that I can not list them all in this email.
Given that we are a revoked company and longer trade, what recourse is there for shareholders of a company that will not disclose all information. If the company has collected money from brokers who naked short sold our shares, how do we get compensated for this? With the Grandfather clause now gone, should our company be "passing on" the money collected?
We seem to be continually in the dark and would like clarification on the above. Also, could you kindly provide me with the final report from the investigation the SEC performed on CMKM Diamonds.
Sincerely,
xxxxx xxxxxx
FIRST REPLY:
PLEASE DO NOT REPLY TO THIS MESSAGE*
Dear Sir or Madam:
Thank you for your recent e-mail to the group electronic mailbox of the Division of Enforcement at the United States Securities and Exchange Commission in Washington, D.C. We appreciate your taking the time to write to us. This automated response confirms that the Division of Enforcement has received your e-mail. You can rest assured that an attorney in the Office of Internet Enforcement will review your e-mail promptly.
We are always interested in hearing from members of the public, and you may be assured that the matter you have raised is being given careful consideration in view of the Commission's overall enforcement responsibilities under the federal securities laws. It is, however, the Commission's policy to conduct its inquiries on a non-public basis -- so this may be the only response that you receive. If your complaint is more in the nature of a consumer complaint (such as a dispute with your broker or a problem with your brokerage or retirement account), you should contact our Office of Investor Education and Assistance -- they may be able to help you. You may reach the Office of Investor Education and Assistance via telephone at (202) 551-6551or through the Web at HYPERLINK "www.sec.gov/complaint.shtml"http://www.sec.gov/complaint.shtml.
The Commission conducts its investigations on a non-public basis to preserve the integrity of its investigative process as well as to protect persons against whom unfounded charges may be made or against whom the Commission determines that enforcement action is not necessary or appropriate. Subject to the provisions of the Freedom of Information Act, we cannot disclose to you any information which we may gather and we cannot confirm to you the existence or non-existence of an investigation, unless made a matter of public record in proceedings brought before the Commission or in the courts.
If you are unsure where you should direct your inquiry or you want to learn more about how the SEC handles inquiries and complaints, please visit the SEC Complaint Center at HYPERLINK "www.sec.gov/complaint.shtml"http://www.sec.gov/complaint.shtml.
Should you have any additional information or questions pertaining to this matter, please feel free to communicate directly with us at HYPERLINK "mailto:enforcement@sec.gov"enforcement@sec.gov.
We appreciate your interest in the work of the Commission and its Division of Enforcement.
Very truly yours,
S/
John Reed Stark
Chief, Office of Internet Enforcement
United States Securities & Exchange Commission
SECOND REPLY:
Dear Mr. xxxxxxx:
Thank you for contacting the SEC.
Please call me at the telephone number below or email me your daytime telephone number and a time when you can be reached in order that we can discuss this matter.
Sincerely,
Ann H. Sulzberg
Special Counsel
U.S. Securities and Exchange Commission
Office of Investor Education and Advocacy
(202) 551-6308
See my email to them below and their responses. At first a "form letter" and then one from Ann Sulzberg. Please see all emails below. I replied to the one from Ann and left my number. She called back within a couple of hours.
Her response was that there was a misconception with the Reg SHO and Grandfather clause in that CMKM would have had to be a registered company to be on the Reg SHO list at the time that the GFC refers to ie prior to January 2005. She stated that she would neither confirm nor deny that there was an investigation ongoing with CMKM Diamonds
She went on about a lot of things and I wanted to know; if we were registered then, how would the short sales be settled and where would money go- to the company? If yes, how would shareholders be affected?
She said a lot of things and I'm sorry I can't summarize as it appeared she was talking in circles. However, she did say that the bottom line was that "it was up to the company to decide what information was to be released, as they are not a reporting company anymore". Also "if the Reg SHO did affect CMKM shareholders, I don't know how the company would take care of the fail-to-deliver shares as the company isn't registered".
So, IN MY OPINION what Kevin and Bill are doing to get us back to trading and reporting status is the key to get any ROI.
As I said above, she stated she would not confirm nor deny that an investigation had or was taking place in CMKM Diamonds. However, she knew the whole story- ie. revocation, cert pull, taskforce, Frizzell's attempt at proving NSS, Mahue, CMKM website, Entourage, Kevin West and all the litigation. So you make your own conclusions as to whether or not they have been investigating CMKM Diamonds.
MY EMAIL:
Dear Sirs/Madames
I am sure you are familiar with the company CMKM Diamonds (CMKX on pinksheets). If not please refer to the link below.
I was going to file a complaint using your online forms, but there isn't one form that will cover the situation with this company. If you check your records, you will find that we were revoked in October 2005. The hearings prior to revocation are mostly likely in your records as well.
To make a long story, short, this company was a victim of naked short selling. It has never been fully stated this is the case, however, evidence collected by the company via certificate pull, demonstrated that there were definitely brokers who had not legally borrowed the shares prior to selling them to the investing public.
There is speculation on various stings and schemes that were set up to clear all the injustice that the shareholders of this company were a victim of.
CMKM now has it's own litigation with several individuals and entities and is posted to the company website at www.cmkmdiamondsinc.com/index.php, however, the information the company has provided is limited. We, the shareholders want to know what can be done to force the company to provide answers to all our questions. There are so many questions that I can not list them all in this email.
Given that we are a revoked company and longer trade, what recourse is there for shareholders of a company that will not disclose all information. If the company has collected money from brokers who naked short sold our shares, how do we get compensated for this? With the Grandfather clause now gone, should our company be "passing on" the money collected?
We seem to be continually in the dark and would like clarification on the above. Also, could you kindly provide me with the final report from the investigation the SEC performed on CMKM Diamonds.
Sincerely,
xxxxx xxxxxx
FIRST REPLY:
PLEASE DO NOT REPLY TO THIS MESSAGE*
Dear Sir or Madam:
Thank you for your recent e-mail to the group electronic mailbox of the Division of Enforcement at the United States Securities and Exchange Commission in Washington, D.C. We appreciate your taking the time to write to us. This automated response confirms that the Division of Enforcement has received your e-mail. You can rest assured that an attorney in the Office of Internet Enforcement will review your e-mail promptly.
We are always interested in hearing from members of the public, and you may be assured that the matter you have raised is being given careful consideration in view of the Commission's overall enforcement responsibilities under the federal securities laws. It is, however, the Commission's policy to conduct its inquiries on a non-public basis -- so this may be the only response that you receive. If your complaint is more in the nature of a consumer complaint (such as a dispute with your broker or a problem with your brokerage or retirement account), you should contact our Office of Investor Education and Assistance -- they may be able to help you. You may reach the Office of Investor Education and Assistance via telephone at (202) 551-6551or through the Web at HYPERLINK "www.sec.gov/complaint.shtml"http://www.sec.gov/complaint.shtml.
The Commission conducts its investigations on a non-public basis to preserve the integrity of its investigative process as well as to protect persons against whom unfounded charges may be made or against whom the Commission determines that enforcement action is not necessary or appropriate. Subject to the provisions of the Freedom of Information Act, we cannot disclose to you any information which we may gather and we cannot confirm to you the existence or non-existence of an investigation, unless made a matter of public record in proceedings brought before the Commission or in the courts.
If you are unsure where you should direct your inquiry or you want to learn more about how the SEC handles inquiries and complaints, please visit the SEC Complaint Center at HYPERLINK "www.sec.gov/complaint.shtml"http://www.sec.gov/complaint.shtml.
Should you have any additional information or questions pertaining to this matter, please feel free to communicate directly with us at HYPERLINK "mailto:enforcement@sec.gov"enforcement@sec.gov.
We appreciate your interest in the work of the Commission and its Division of Enforcement.
Very truly yours,
S/
John Reed Stark
Chief, Office of Internet Enforcement
United States Securities & Exchange Commission
SECOND REPLY:
Dear Mr. xxxxxxx:
Thank you for contacting the SEC.
Please call me at the telephone number below or email me your daytime telephone number and a time when you can be reached in order that we can discuss this matter.
Sincerely,
Ann H. Sulzberg
Special Counsel
U.S. Securities and Exchange Commission
Office of Investor Education and Advocacy
(202) 551-6308
