Owner
Post by Franko10 ™ on Dec 31, 2007 8:00:41 GMT -5
To SUM it up
Before the hearing
* 703 billion o/s
* Authorized Shares increased from less than 1 billion to 800 billion
* Outstanding Shares increased from less than 1 billion to 779 billion
* 600 billion in dilution in the year 2004
* 407 billion in Cede and Co. as of March 2005
* Ameritrade holds 180 billion shares of CMKX for its clients
* Was told we would be pleasantly surprised by O/S and made to believe it was under 400 billion. Melvin on the air denies that the O/S is over 400 Billion after TA fiasco
* CMKX Transfer Agent gagged per direction of the UC
* Refuses to give investors basic information on company
* Refuses to give share structure
* CMKX trading unregistered shares in SASK, trading halted there
* SASK inquiry into CMKX valuations ignored
* CMKX partner USCA under investigation by the SASK
* No revenue stream from company operations
* Repeated claims of being close to reporting when in fact no attempt had been made
* Claims in Canada for mineral rights, made to believe 100's of holes drilled. but only 15
* claimed buybacks yet O/S raised after each claim
* UC buys a 3.5 million dollar property, motor-home, hummer, boat, likes to gamble, likes to race funny cars while shareholders value decreases
* UC at race track almost every weekend
* Spent investors money to sponsor motorcycle and drag racing
* Advertises stock instead of company, Got CMKX
* Voids in records
* UC says he doesn't know how to run a public company
* UC blames others for mismanagement
* SEC investigation and temporary halt
* Lied on form 15 more then 100% off (claimed under 300, had 689)
* Lied on SEC documents about the Address and tried to cover it up
During the hearing
* Judge ruled that NS is not going to be admitted into evidence because company did not claim it was a factor in not filing
* She asked SEC if they think CMKX has NS and the SEC said no
* When asked by the SEC, TA stated there was no record of CMKX management inquiring into the number of shareholders in July 2003
* RG was paid $250,000 and one page report was presented
* Urban shows up with his own personal lawyer
* Urban invokes his 5th Amendment right to not answer any/all questions asked by the SEC attorneys (12 minutes of "I take the 5th")
* Maheu testifies he was not aware of the problems the new accountant and attorney were having in receiving documentation from Urban to get filings completed.
* Maheu can’t answer question on companies operations
* We find out Urban runs CMKX from his house, not the company PR'd new offices in Las Vegas
* Maheu paid $40,000 a month. Has been paid for 2 months pay even though he has been there 4 months and Judge makes joke about the amount he is paid
* Accountants: all quit after frustration in not being able to do their jobs. Current accountant, Neil Levine, resigns on May 9th one day before the hearing
* Rendal Williams (CEO of UCAD & 50/50 partner with CMKX) has a "failing memory" when questioned on the stand, he appearingly is distancing himself from CMKX/Urban Casavant
* Dhonau met UC at the slot machines
* Carolyn Casavant wrote checks against the company account although she is not an officer of the company, explanation given to the court "that's what wife's do."
* Current financial status, over $30 million in debt
*Judge says this is a filing issue
* Has till 29th of June for rebuttals and decision will be by July 15th
After the hearing
* Two .011 micron size diamonds
* Only 15 holes drilled, nothing found in any except in one hole see above
* Drilling report says to give it up people.
* Company issued PR that 100's of anomalies found from goldak fly over yet 8K states 16 from goldak fly over & some of them may not be worth drilling
* Refuses to give investors basic information on company.
* Refuses to give share structure
* Auditor files 10-A letter for possible illegal activities with CMKXtreme, deals, and loans to officers. It was illegal that the company did not keep records
* UC can't afford to sponsor Arends car anymore
* Frizzell working on proving NS
* Revoked by the SEC
* UC refuses to let the shareholders know whats going on or give any reinsurances.
After the Appeal was dropped
* Entourage deal for 45 million shares to be distributed to bonafide shareholders
* Cert Pull was announced before you can get your Entourage distribution
* 8-K states due to lack of funds that they have defaulted on claims (United Carina, 101047025 Saskatchewan Ltd. (“1010”), and American Shaft)
* 8-K states Maheu resigns and UC will resign due to health reasons after distribution
* Task Force formed with Maheu, Stoecklien, and Frizzell
* 1st Corp. Update - As CMKM is effectively a non-operational company holding only the Entourage shares and intangible assets
* 2nd Corp. Update - The Task Force was formed solely for the purpose of establishing a Distribution Plan and supervising the distribution of the Entourage shares and other assets of CMKM, if any. The Task Force will not be conducting any due diligence to determine the validity of any other potential assets of CMKM other than those stated above.
* And - The Task Force has been apprised of the significant rumors pertaining to the receipt of funds and erroneous agreements reached with brokerage firms short in CMKM's stock. Other than the funds received from Casavant to pay for certain of the costs associated with the Task Force's operations, there have been no funds received from brokers/dealers or any other sources
* Stoecklien no longer represents CMKX
* We find out that CIM lost it zinc claims and as of now is in Default in Nevada
Re: Dave Harrison update (lawsuit)
« Reply #43 on Jun 2, 2006, 9:46pm »
--------------------------------------------------------------------------------
No you can't sue for taking the fifth but you can for breech of fiduciary duty. Matter of fact that is one of the few reasons you can thats why you incorporate. So did UC breech that duty in a manner that can be sued and the answer is absolutely. Under the security ACT one of the biggest breech's is failure to maintain proper records. Also making improper loans. There is accountability to shareholders whether people here believe that or not. UC can't by law keep everything in the dark.
--------------------------------
The Sarbanes-Oxley Act has effected broad and sweeping changes to corporate governance liability, audit committee roles, and officer certification, among other things, for public companies. Although these laws generally apply to public companies, expect to see similar fiduciary duties emerge for private companies. For example, Sarbanes-Oxley requires the following:
1. CEO and CFO certification of accuracy and completeness of company annual and quarterly reports.
2. CEO and CFO certification of the adequacy and effectiveness of internal controls.
Disclosure of off-balance-sheet transactions.
3. Adoption of a code of ethics that will be mandatory on all senior financial officers.
4. Prohibitions against personal loans for directors and senior executives.
5. Rules that require CEOs and CFOs to forfeit incentive pay and securities trading profits if accounting restatements later occur due to misconduct.
6. Rules that prohibit improper influence by directors and officers in the conduct of audits.
-----------------------
"The CMKM books and records are, at this point and time, unauditable because they are incomplete, and the records that exist have been improperly maintained. The volume of transactions via wire transfer and cashiers checks render the banking records inadequate for obtaining competent evidential matter necessary to render an audit opinion letter, in Mr. Stoecklein's letter, he admits that CMKM was able to provide us less than 25% of the information that we requested at the commencement of the audit "despite everyone's best efforts." The unavailability of corporate records appears to be a violation of the 1934 Act,
including Section 13 (2) of the 1934 Act (added in 1977). Mr. Stoecklein raises the disingenuous argument that if the records are unauditable, how can we be aware of any illegal acts. First of all, having records that are not auditable is itself an illegal act under Section 13 (2) and other provisions of the 1934 Act. Secondly, the other information set forth herein was obtained from the records that were available.
In addition to completing what appear to be related party transactions without proper authority to do so, it appears that CMKM management may also have failed to disclose related-party transactions as required under the 1934 Act. Among the possible related party transactions which we believe may have been inadequately disclosed are:
Transactions with US Canadian Minerals, Inc.;
The personal use of corporate assets discussed above;
The loans to the officers and directors discussed above; and
Significant monetary and stock transactions with individuals and entities who appear to be CMKM shareholders and/or prior officers and directors of the Company.
Mr. Stoecklein makes the argument that there was no need to disclose these related party transactions because (as a result of filing a Form 15 improperly in July 2003) CMKM was not subject to the reporting requirements of the 1934 Act and, therefore, not obligated to disclose related party transactions, While this is an interesting argument, that is not our understanding of the situation. Once again, however, we will review an unqualified legal opinion from Mr. Stoecklein to that effect."
Before the hearing
* 703 billion o/s
* Authorized Shares increased from less than 1 billion to 800 billion
* Outstanding Shares increased from less than 1 billion to 779 billion
* 600 billion in dilution in the year 2004
* 407 billion in Cede and Co. as of March 2005
* Ameritrade holds 180 billion shares of CMKX for its clients
* Was told we would be pleasantly surprised by O/S and made to believe it was under 400 billion. Melvin on the air denies that the O/S is over 400 Billion after TA fiasco
* CMKX Transfer Agent gagged per direction of the UC
* Refuses to give investors basic information on company
* Refuses to give share structure
* CMKX trading unregistered shares in SASK, trading halted there
* SASK inquiry into CMKX valuations ignored
* CMKX partner USCA under investigation by the SASK
* No revenue stream from company operations
* Repeated claims of being close to reporting when in fact no attempt had been made
* Claims in Canada for mineral rights, made to believe 100's of holes drilled. but only 15
* claimed buybacks yet O/S raised after each claim
* UC buys a 3.5 million dollar property, motor-home, hummer, boat, likes to gamble, likes to race funny cars while shareholders value decreases
* UC at race track almost every weekend
* Spent investors money to sponsor motorcycle and drag racing
* Advertises stock instead of company, Got CMKX
* Voids in records
* UC says he doesn't know how to run a public company
* UC blames others for mismanagement
* SEC investigation and temporary halt
* Lied on form 15 more then 100% off (claimed under 300, had 689)
* Lied on SEC documents about the Address and tried to cover it up
During the hearing
* Judge ruled that NS is not going to be admitted into evidence because company did not claim it was a factor in not filing
* She asked SEC if they think CMKX has NS and the SEC said no
* When asked by the SEC, TA stated there was no record of CMKX management inquiring into the number of shareholders in July 2003
* RG was paid $250,000 and one page report was presented
* Urban shows up with his own personal lawyer
* Urban invokes his 5th Amendment right to not answer any/all questions asked by the SEC attorneys (12 minutes of "I take the 5th")
* Maheu testifies he was not aware of the problems the new accountant and attorney were having in receiving documentation from Urban to get filings completed.
* Maheu can’t answer question on companies operations
* We find out Urban runs CMKX from his house, not the company PR'd new offices in Las Vegas
* Maheu paid $40,000 a month. Has been paid for 2 months pay even though he has been there 4 months and Judge makes joke about the amount he is paid
* Accountants: all quit after frustration in not being able to do their jobs. Current accountant, Neil Levine, resigns on May 9th one day before the hearing
* Rendal Williams (CEO of UCAD & 50/50 partner with CMKX) has a "failing memory" when questioned on the stand, he appearingly is distancing himself from CMKX/Urban Casavant
* Dhonau met UC at the slot machines
* Carolyn Casavant wrote checks against the company account although she is not an officer of the company, explanation given to the court "that's what wife's do."
* Current financial status, over $30 million in debt
*Judge says this is a filing issue
* Has till 29th of June for rebuttals and decision will be by July 15th
After the hearing
* Two .011 micron size diamonds
* Only 15 holes drilled, nothing found in any except in one hole see above
* Drilling report says to give it up people.
* Company issued PR that 100's of anomalies found from goldak fly over yet 8K states 16 from goldak fly over & some of them may not be worth drilling
* Refuses to give investors basic information on company.
* Refuses to give share structure
* Auditor files 10-A letter for possible illegal activities with CMKXtreme, deals, and loans to officers. It was illegal that the company did not keep records
* UC can't afford to sponsor Arends car anymore
* Frizzell working on proving NS
* Revoked by the SEC
* UC refuses to let the shareholders know whats going on or give any reinsurances.
After the Appeal was dropped
* Entourage deal for 45 million shares to be distributed to bonafide shareholders
* Cert Pull was announced before you can get your Entourage distribution
* 8-K states due to lack of funds that they have defaulted on claims (United Carina, 101047025 Saskatchewan Ltd. (“1010”), and American Shaft)
* 8-K states Maheu resigns and UC will resign due to health reasons after distribution
* Task Force formed with Maheu, Stoecklien, and Frizzell
* 1st Corp. Update - As CMKM is effectively a non-operational company holding only the Entourage shares and intangible assets
* 2nd Corp. Update - The Task Force was formed solely for the purpose of establishing a Distribution Plan and supervising the distribution of the Entourage shares and other assets of CMKM, if any. The Task Force will not be conducting any due diligence to determine the validity of any other potential assets of CMKM other than those stated above.
* And - The Task Force has been apprised of the significant rumors pertaining to the receipt of funds and erroneous agreements reached with brokerage firms short in CMKM's stock. Other than the funds received from Casavant to pay for certain of the costs associated with the Task Force's operations, there have been no funds received from brokers/dealers or any other sources
* Stoecklien no longer represents CMKX
* We find out that CIM lost it zinc claims and as of now is in Default in Nevada
Re: Dave Harrison update (lawsuit)
« Reply #43 on Jun 2, 2006, 9:46pm »
--------------------------------------------------------------------------------
No you can't sue for taking the fifth but you can for breech of fiduciary duty. Matter of fact that is one of the few reasons you can thats why you incorporate. So did UC breech that duty in a manner that can be sued and the answer is absolutely. Under the security ACT one of the biggest breech's is failure to maintain proper records. Also making improper loans. There is accountability to shareholders whether people here believe that or not. UC can't by law keep everything in the dark.
--------------------------------
The Sarbanes-Oxley Act has effected broad and sweeping changes to corporate governance liability, audit committee roles, and officer certification, among other things, for public companies. Although these laws generally apply to public companies, expect to see similar fiduciary duties emerge for private companies. For example, Sarbanes-Oxley requires the following:
1. CEO and CFO certification of accuracy and completeness of company annual and quarterly reports.
2. CEO and CFO certification of the adequacy and effectiveness of internal controls.
Disclosure of off-balance-sheet transactions.
3. Adoption of a code of ethics that will be mandatory on all senior financial officers.
4. Prohibitions against personal loans for directors and senior executives.
5. Rules that require CEOs and CFOs to forfeit incentive pay and securities trading profits if accounting restatements later occur due to misconduct.
6. Rules that prohibit improper influence by directors and officers in the conduct of audits.
-----------------------
"The CMKM books and records are, at this point and time, unauditable because they are incomplete, and the records that exist have been improperly maintained. The volume of transactions via wire transfer and cashiers checks render the banking records inadequate for obtaining competent evidential matter necessary to render an audit opinion letter, in Mr. Stoecklein's letter, he admits that CMKM was able to provide us less than 25% of the information that we requested at the commencement of the audit "despite everyone's best efforts." The unavailability of corporate records appears to be a violation of the 1934 Act,
including Section 13 (2) of the 1934 Act (added in 1977). Mr. Stoecklein raises the disingenuous argument that if the records are unauditable, how can we be aware of any illegal acts. First of all, having records that are not auditable is itself an illegal act under Section 13 (2) and other provisions of the 1934 Act. Secondly, the other information set forth herein was obtained from the records that were available.
In addition to completing what appear to be related party transactions without proper authority to do so, it appears that CMKM management may also have failed to disclose related-party transactions as required under the 1934 Act. Among the possible related party transactions which we believe may have been inadequately disclosed are:
Transactions with US Canadian Minerals, Inc.;
The personal use of corporate assets discussed above;
The loans to the officers and directors discussed above; and
Significant monetary and stock transactions with individuals and entities who appear to be CMKM shareholders and/or prior officers and directors of the Company.
Mr. Stoecklein makes the argument that there was no need to disclose these related party transactions because (as a result of filing a Form 15 improperly in July 2003) CMKM was not subject to the reporting requirements of the 1934 Act and, therefore, not obligated to disclose related party transactions, While this is an interesting argument, that is not our understanding of the situation. Once again, however, we will review an unqualified legal opinion from Mr. Stoecklein to that effect."
