Owner
Post by Franko10 ™ on Jul 22, 2005 18:51:19 GMT -5
FRIZZELL LAW FIRM
305 S. Broadway, Suite 302
Tyler, Texas 75702
(903)595-1921
E-Mail jmartin@cmkxownersgroup.com
Dear Group Members, July 22, 2005
Audit Monitoring
Many thanks to those who have responded to my call for accounting/auditing assistance. I am comforted in knowing that I can always count on this group when a need arises. If you have auditing or accounting experience and wish to participate, please put together a brief resume/business profile and send it to jmartin@cmkxownersgroup.com, I would greatly appreciate it. I am not inspecting for style points here. This is for my eyes only. I will most likely ask one of you to be the official inquirer. I would like to have an unofficial committee composed of the remainder of you who have expressed a desire to help. Asking the right questions at this time could be very helpful to our cause. I do not want the company to have any doubts that we are more than just concerned about the progress of this audit. Depending on the size of the committee we might arrange a private room on the internet to share ideas for confirming the progress of the audit. Maybe a list of inquiry areas can be provided to the designated inquirer before each “review session”. I will be asking Mr. Stoecklein for his agreement to our monitoring once I have received this requested information. He has already agreed in principal but wants to review the specifics of my request. I would like to discuss this with Mr. Stoecklein on Monday so get any resumes/profiles headed this way.
Phase I Accounting
John has asked me to do a general accounting of the proceeds received from Phase I. Beginning the first week of April, John posted the original agreement asking for a $25 contribution from shareholders to have representation in the administrative proceeding. We also began the process of gathering shareholder information to help determine the number of outstanding shares of company stock. My representation per this agreement concluded on July 12, 2005 when Judge Murray handed down her decision.
Approximately 5,700 shareholders joined the group. 4,300 members made a $25.00 contribution. There were a few that contributed more than $25.00. Contributions totaled approximately $107,000.
Travel Expenses - Washington, D.C. (three days, two nights) Las Vegas (three days, two nights) Los Angeles (four days, three nights)
$4,000
Labor Costs - At the height of the shareholder information gathering, additional office staff (much of it through a temp agency) was needed to gather, collate and input shareholder documents. As many as 15 people were being paid hourly for a couple of weeks. This includes investigators, consulting attorney fees, and added clerical help since April 1, 2005.
$25,000
Supplies - The fax in program exceeded the cost estimate significantly. Many shareholder statements were faxed more than once. Many people faxed to the wrong fax machine causing us to refax to the dedicated fax lines. Emailed statements required us to printout from our computer and then fax the documents into the dedicated fax system. We have gathered, filed and stored over 200,000 pages of shareholder information. Toner cartridges, fax paper, etc…. An individual paper file was opened on each shareholder (5,700). (We are now relying on digital files). File folders, labels, etc. I am also including the mailing expenses (postage) associated with the fax in campaign.
$12,000
Hardware, Software and Technical Assistance - To record and document the shareholder information, we hired several computer savvy people to design a system that would allow us to receive a fax and automatically convert it to a digital file. We wanted each document to be imprinted with an identifying file number when it was received so we could locate the document for verification purposes. Then we created a database designed to receive summary information of the documents so we could print out a summary of the shareholders statements once the process was complete. This database was designed so that we can sort by broker, shareholder or by ID#. We are now able to access all documents sent in by the shareholders by name search or ID# and we can readily display the supporting documents. A state of the art commercial fax machine was purchased to accommodate the expected volume of incoming documents. Four computers were purchased and four rollover dedicated fax lines were added. Computer engineers were able to route the faxes through the computers to digitize and identify the documents. For three weeks, we rented three additional computers to accommodate the people inputting the faxes into the database. Fax machine, computers, rentals, modems, technical help.
$15,000
I have added to my normal office overhead significant monthly expenses with the addition of the four dedicated fax lines. We have also upgraded our server to accommodate the emails and updates that are being sent to the group members. Paid computer assistance is required sometimes daily above what my normal law office expenses would be incurring.
The above costs do not include my office overhead of staff, rent, phones, etc. My hourly fee is $200 to $250 per hour depending on the nature of the work. I have devoted 97% of my work time to CMKX since April 1, 2005. Other work has been refused or has been referred out to other attorneys since I began this employment for Mr. Martin and the other shareholders. There have been many 16 hour days. There have been many weekends and late nights involved due to the research and client contact. An average week would be at least 50 hours per week. Thus total billable hours would be approximately 600 hours.
This breakdown has been prepared at John Martin’s request. I would ask you (my clients) not to post this update on any message board because frankly this should be between you (my clients) and me. I am uncomfortable posting financial matters between myself and my clients in a forum that will most likely be posted on various message boards and be subject to criticism and probably ridicule by some. John has always had a pretty good sense of what you as a group are needing, so here it is. I am told there are some members that are concerned these contributions are sending a windfall this direction. That simply is not the case.
Phase II
A couple of weeks ago I was asked to send out a new agreement so that I can continue the work we started in March. I never thought there would be such a thing as a Phase I or Phase II, but then nothing about CMKX surprises me at this point. I am agreeing to continue my efforts to work for John and all other interested shareholders. I have identified several areas that I will agree to undertake in what we call Phase II.
Audit Monitoring
I have an agreement in principal with Don Stoecklein that we will provide someone to talk with the new auditor so we can be informed of the progress of the audit. This is not in writing, but I will attempt to get some definite written parameters for this monitoring in the next few days.
FOIA
I have filed a FOIA request for certain DTCC records that we are entitled to receive. Our request has been denied. I have appealed that denial. I frankly expect the appeal will be denied. I plan to appeal that denial by filing suit in District Court. The law requires that we exhaust all administrative remedies before suit can be filed so I must continue my work though the administrative process before filing suit.
Naked Shorting
We have proven without question that certain parties have sold CMKX when such stock was not available. Our proof indicates to me there are at least a trillion shares outstanding and possibly as much as two or three trillion shares. We are making inroads with some influential politicians to investigate naked shorting and take action to see that this problem is corrected.
I want to continue using the proof we have developed to convince non believers of the extent of naked shorting, not just in this company but in other companies as well. I plan to continue to contact those companies that we know have significant short positions. As more people request their certs, stock positions held by the brokers and short sellers will become more apparent. There may come a time and a company that facts arise which will lend itself to litigation. As I set out in the Phase II agreement, I will contact each of you individually for your consent to proceed with litigation before I file suit. I will do so in your name only with your consent. In this area, I am continuing my efforts to get the company to obtain for us the DTCC sheets to which they are entitled.
Appeal of Administrative Ruling
We (shareholders) are not a party to this proceeding. We were granted a limited participation in the original proceeding, but we have no standing to appeal or even file briefs or the Petition to Review. There is a process for filing an Amicus Brief but I doubt that we would do that unless some progress is made on the auditing front. Don Stoecklein and Urban know of our concern about the appeal. I have asked to review the draft of the Petition to Review. I have offered to assist in preparation of the appeal. There is not a lot I can do at this point unless my assistance is accepted by the company. I believe there are some merits to an appeal of Judge Murray’s ruling, but there can be quite a lengthy delay brought on by the appeals process. I will stand ready to respond by brief, by letter or by phone conference to any issue that arises from the SEC, Judge Murray or the company.
Settlement Proposal
Most of you may have read the settlement proposal which has been sent (or is in the process of being sent) to the Commission. There is interest in our settlement proposal. I have no idea when we will have some decision on our proposal. I do plan to communicate with the SEC attorneys regarding the shareholders position on the appeal at any point that such communication may be beneficial to you.
New Investigations and Possible Litigations
I recently contacted Chris Bebel (www.chrisbebel.com) We discussed several areas in which I believe he would be of some great assistance. We are discussing a consulting agreement at this point. Chris has written several published articles in relevant areas. He is a former Assistant U.S. Attorney (DOJ) and a former SEC enforcement attorney. He is a highly sought out expert in several areas of securities law. Chris’ work and contacts in the NASD may be very helpful to us.
The information that many of you have provided as well as the documentation we have received from the SEC and the company has given this office a number of areas for further investigation. We have certain key individuals inside this company, that I believe illegally sold mountains of this stock in 2003 and 2004. I would love to contine my efforts with the SEC, the DTCC, and the NASD to determine full disclosure of these trades. I cannot go into further detail in this forum because I know these updates go directly to the bad guys. I plan on a new FOIA request asking for the SEC to reveal the specifics of the NASD investigations that have occurred in the past in CMKX.
We are knowledgeable of many bulk (billions) trades that occurred through certain companies that are clearly not retail customers. I would like to continue to investigate these trades and the companies involved in these trades. We have many bad guys that made fortunes on this stock during the last two years. I would love to hand deliver to law enforcement in a neat package the evidence necessary to indict those that are guilty of wrongdoing. Additional work is necessary in this regard.
There are tremendous tax consequences to many of these transactions. I am convinced there are those who want us to fail so they can escape certain tax liabilities. We should continue our work to see that these individuals do not have sufficient input to hamper our filing process.
Asset Evaluation
There are many of you who believe we are on a wild goose chase and that the company’s claims are worthless moose pasture. I do not know the value of the company’s assets. If the company is willing to share some information with me, and pay my way to Ecuador and Canada, I would love to make the trip. I would look forward to reporting my findings to you upon my return.
The ultimate outcome of everyone’s investment hinges not on naked shorting or SEC actions, but on the true evaluation of the company assets. We have some information about these assets, but we need more. The more I find out about the company, the more I become concerned that neither the company nor the SEC wanted you to know about the evaluation of the assets at the Administrative Hearing.
Information Updates
We have a new Phase II group that will be receiving all future email updates. We apologize to those of you that have complained about receiving two updates. This brings me to a concern that many of you shareholders have expressed. Contrary to popular belief, we do not post these updates to any of the boards. This update is not designed to be bulletin board material. It is intended to be a communication between a group member and this office. I know that the content of these updates goes directly to the bad guys, the SEC and to other third parties. I know because I receive emails from the bashers almost as soon as our updates are sent to you. Surely, you can understand that some information must be kept from the bad guys. I must refrain from revealing certain facts in these updates because many people repost these updates to people and places that are not supportive of your cause. Please refrain from posting these updates to any message boards. Feel free to discuss any aspects of our updates with fellow shareholders and on the boards, but lets play our cards a little closer to the vest.
It has been brought to our attention that some shareholder information has recently been obtained from the SEC as a result of the administrative hearing. I have received calls from several shareholders that are disturbed that some of their personal information will be posted on the internet as a result of the documents obtained from the SEC. A lawyer cannot advise a client in an area that might adversely affect another client, so I will refrain from giving advice in this area. I work extremely hard to avoid releasing personal information of my clients to the internet for any reason. We have shareholder lists and NOBO lists and I have repeatedly declined to post those documents. You may recall that I requested confidentiality from the Judge before even sending our CD proof of naked shorting for this very reason.
Closing
I have never enjoyed working on any case as much as I have enjoyed working for this group. These next few weeks will be critical. The challenges will continue and I believe the real wars are just now beginning. I am convinced our efforts are not in vain.
Onward,
Bill
305 S. Broadway, Suite 302
Tyler, Texas 75702
(903)595-1921
E-Mail jmartin@cmkxownersgroup.com
Dear Group Members, July 22, 2005
Audit Monitoring
Many thanks to those who have responded to my call for accounting/auditing assistance. I am comforted in knowing that I can always count on this group when a need arises. If you have auditing or accounting experience and wish to participate, please put together a brief resume/business profile and send it to jmartin@cmkxownersgroup.com, I would greatly appreciate it. I am not inspecting for style points here. This is for my eyes only. I will most likely ask one of you to be the official inquirer. I would like to have an unofficial committee composed of the remainder of you who have expressed a desire to help. Asking the right questions at this time could be very helpful to our cause. I do not want the company to have any doubts that we are more than just concerned about the progress of this audit. Depending on the size of the committee we might arrange a private room on the internet to share ideas for confirming the progress of the audit. Maybe a list of inquiry areas can be provided to the designated inquirer before each “review session”. I will be asking Mr. Stoecklein for his agreement to our monitoring once I have received this requested information. He has already agreed in principal but wants to review the specifics of my request. I would like to discuss this with Mr. Stoecklein on Monday so get any resumes/profiles headed this way.
Phase I Accounting
John has asked me to do a general accounting of the proceeds received from Phase I. Beginning the first week of April, John posted the original agreement asking for a $25 contribution from shareholders to have representation in the administrative proceeding. We also began the process of gathering shareholder information to help determine the number of outstanding shares of company stock. My representation per this agreement concluded on July 12, 2005 when Judge Murray handed down her decision.
Approximately 5,700 shareholders joined the group. 4,300 members made a $25.00 contribution. There were a few that contributed more than $25.00. Contributions totaled approximately $107,000.
Travel Expenses - Washington, D.C. (three days, two nights) Las Vegas (three days, two nights) Los Angeles (four days, three nights)
$4,000
Labor Costs - At the height of the shareholder information gathering, additional office staff (much of it through a temp agency) was needed to gather, collate and input shareholder documents. As many as 15 people were being paid hourly for a couple of weeks. This includes investigators, consulting attorney fees, and added clerical help since April 1, 2005.
$25,000
Supplies - The fax in program exceeded the cost estimate significantly. Many shareholder statements were faxed more than once. Many people faxed to the wrong fax machine causing us to refax to the dedicated fax lines. Emailed statements required us to printout from our computer and then fax the documents into the dedicated fax system. We have gathered, filed and stored over 200,000 pages of shareholder information. Toner cartridges, fax paper, etc…. An individual paper file was opened on each shareholder (5,700). (We are now relying on digital files). File folders, labels, etc. I am also including the mailing expenses (postage) associated with the fax in campaign.
$12,000
Hardware, Software and Technical Assistance - To record and document the shareholder information, we hired several computer savvy people to design a system that would allow us to receive a fax and automatically convert it to a digital file. We wanted each document to be imprinted with an identifying file number when it was received so we could locate the document for verification purposes. Then we created a database designed to receive summary information of the documents so we could print out a summary of the shareholders statements once the process was complete. This database was designed so that we can sort by broker, shareholder or by ID#. We are now able to access all documents sent in by the shareholders by name search or ID# and we can readily display the supporting documents. A state of the art commercial fax machine was purchased to accommodate the expected volume of incoming documents. Four computers were purchased and four rollover dedicated fax lines were added. Computer engineers were able to route the faxes through the computers to digitize and identify the documents. For three weeks, we rented three additional computers to accommodate the people inputting the faxes into the database. Fax machine, computers, rentals, modems, technical help.
$15,000
I have added to my normal office overhead significant monthly expenses with the addition of the four dedicated fax lines. We have also upgraded our server to accommodate the emails and updates that are being sent to the group members. Paid computer assistance is required sometimes daily above what my normal law office expenses would be incurring.
The above costs do not include my office overhead of staff, rent, phones, etc. My hourly fee is $200 to $250 per hour depending on the nature of the work. I have devoted 97% of my work time to CMKX since April 1, 2005. Other work has been refused or has been referred out to other attorneys since I began this employment for Mr. Martin and the other shareholders. There have been many 16 hour days. There have been many weekends and late nights involved due to the research and client contact. An average week would be at least 50 hours per week. Thus total billable hours would be approximately 600 hours.
This breakdown has been prepared at John Martin’s request. I would ask you (my clients) not to post this update on any message board because frankly this should be between you (my clients) and me. I am uncomfortable posting financial matters between myself and my clients in a forum that will most likely be posted on various message boards and be subject to criticism and probably ridicule by some. John has always had a pretty good sense of what you as a group are needing, so here it is. I am told there are some members that are concerned these contributions are sending a windfall this direction. That simply is not the case.
Phase II
A couple of weeks ago I was asked to send out a new agreement so that I can continue the work we started in March. I never thought there would be such a thing as a Phase I or Phase II, but then nothing about CMKX surprises me at this point. I am agreeing to continue my efforts to work for John and all other interested shareholders. I have identified several areas that I will agree to undertake in what we call Phase II.
Audit Monitoring
I have an agreement in principal with Don Stoecklein that we will provide someone to talk with the new auditor so we can be informed of the progress of the audit. This is not in writing, but I will attempt to get some definite written parameters for this monitoring in the next few days.
FOIA
I have filed a FOIA request for certain DTCC records that we are entitled to receive. Our request has been denied. I have appealed that denial. I frankly expect the appeal will be denied. I plan to appeal that denial by filing suit in District Court. The law requires that we exhaust all administrative remedies before suit can be filed so I must continue my work though the administrative process before filing suit.
Naked Shorting
We have proven without question that certain parties have sold CMKX when such stock was not available. Our proof indicates to me there are at least a trillion shares outstanding and possibly as much as two or three trillion shares. We are making inroads with some influential politicians to investigate naked shorting and take action to see that this problem is corrected.
I want to continue using the proof we have developed to convince non believers of the extent of naked shorting, not just in this company but in other companies as well. I plan to continue to contact those companies that we know have significant short positions. As more people request their certs, stock positions held by the brokers and short sellers will become more apparent. There may come a time and a company that facts arise which will lend itself to litigation. As I set out in the Phase II agreement, I will contact each of you individually for your consent to proceed with litigation before I file suit. I will do so in your name only with your consent. In this area, I am continuing my efforts to get the company to obtain for us the DTCC sheets to which they are entitled.
Appeal of Administrative Ruling
We (shareholders) are not a party to this proceeding. We were granted a limited participation in the original proceeding, but we have no standing to appeal or even file briefs or the Petition to Review. There is a process for filing an Amicus Brief but I doubt that we would do that unless some progress is made on the auditing front. Don Stoecklein and Urban know of our concern about the appeal. I have asked to review the draft of the Petition to Review. I have offered to assist in preparation of the appeal. There is not a lot I can do at this point unless my assistance is accepted by the company. I believe there are some merits to an appeal of Judge Murray’s ruling, but there can be quite a lengthy delay brought on by the appeals process. I will stand ready to respond by brief, by letter or by phone conference to any issue that arises from the SEC, Judge Murray or the company.
Settlement Proposal
Most of you may have read the settlement proposal which has been sent (or is in the process of being sent) to the Commission. There is interest in our settlement proposal. I have no idea when we will have some decision on our proposal. I do plan to communicate with the SEC attorneys regarding the shareholders position on the appeal at any point that such communication may be beneficial to you.
New Investigations and Possible Litigations
I recently contacted Chris Bebel (www.chrisbebel.com) We discussed several areas in which I believe he would be of some great assistance. We are discussing a consulting agreement at this point. Chris has written several published articles in relevant areas. He is a former Assistant U.S. Attorney (DOJ) and a former SEC enforcement attorney. He is a highly sought out expert in several areas of securities law. Chris’ work and contacts in the NASD may be very helpful to us.
The information that many of you have provided as well as the documentation we have received from the SEC and the company has given this office a number of areas for further investigation. We have certain key individuals inside this company, that I believe illegally sold mountains of this stock in 2003 and 2004. I would love to contine my efforts with the SEC, the DTCC, and the NASD to determine full disclosure of these trades. I cannot go into further detail in this forum because I know these updates go directly to the bad guys. I plan on a new FOIA request asking for the SEC to reveal the specifics of the NASD investigations that have occurred in the past in CMKX.
We are knowledgeable of many bulk (billions) trades that occurred through certain companies that are clearly not retail customers. I would like to continue to investigate these trades and the companies involved in these trades. We have many bad guys that made fortunes on this stock during the last two years. I would love to hand deliver to law enforcement in a neat package the evidence necessary to indict those that are guilty of wrongdoing. Additional work is necessary in this regard.
There are tremendous tax consequences to many of these transactions. I am convinced there are those who want us to fail so they can escape certain tax liabilities. We should continue our work to see that these individuals do not have sufficient input to hamper our filing process.
Asset Evaluation
There are many of you who believe we are on a wild goose chase and that the company’s claims are worthless moose pasture. I do not know the value of the company’s assets. If the company is willing to share some information with me, and pay my way to Ecuador and Canada, I would love to make the trip. I would look forward to reporting my findings to you upon my return.
The ultimate outcome of everyone’s investment hinges not on naked shorting or SEC actions, but on the true evaluation of the company assets. We have some information about these assets, but we need more. The more I find out about the company, the more I become concerned that neither the company nor the SEC wanted you to know about the evaluation of the assets at the Administrative Hearing.
Information Updates
We have a new Phase II group that will be receiving all future email updates. We apologize to those of you that have complained about receiving two updates. This brings me to a concern that many of you shareholders have expressed. Contrary to popular belief, we do not post these updates to any of the boards. This update is not designed to be bulletin board material. It is intended to be a communication between a group member and this office. I know that the content of these updates goes directly to the bad guys, the SEC and to other third parties. I know because I receive emails from the bashers almost as soon as our updates are sent to you. Surely, you can understand that some information must be kept from the bad guys. I must refrain from revealing certain facts in these updates because many people repost these updates to people and places that are not supportive of your cause. Please refrain from posting these updates to any message boards. Feel free to discuss any aspects of our updates with fellow shareholders and on the boards, but lets play our cards a little closer to the vest.
It has been brought to our attention that some shareholder information has recently been obtained from the SEC as a result of the administrative hearing. I have received calls from several shareholders that are disturbed that some of their personal information will be posted on the internet as a result of the documents obtained from the SEC. A lawyer cannot advise a client in an area that might adversely affect another client, so I will refrain from giving advice in this area. I work extremely hard to avoid releasing personal information of my clients to the internet for any reason. We have shareholder lists and NOBO lists and I have repeatedly declined to post those documents. You may recall that I requested confidentiality from the Judge before even sending our CD proof of naked shorting for this very reason.
Closing
I have never enjoyed working on any case as much as I have enjoyed working for this group. These next few weeks will be critical. The challenges will continue and I believe the real wars are just now beginning. I am convinced our efforts are not in vain.
Onward,
Bill
