Pedro2004 Claims Discussion

[Franko10 ™]

Here’s the outline that I wanted to converse:
1 ~ Mineral Claims ~ DEF 14C
2 ~ Diamond Claims ~ CMKX-Koch
3 ~ Zinc Claims ~ CMKX-Koch
4 ~ Diamond Claims ~ Nevada Minerals (John Dhonau)
5 ~ Diamond Claims ~ CMKX-Canadian JV's (United, Star and Shane)
6 ~ Uranium Claims ~ CMKX-United
7 ~ Gold Claim(s) ~ CMKX-Ecuadorian

Starting of with #1 ….. Mineral Claims ~ DEF 14C

I’m not going to get into specifics about where the original claims were acquired, but in short the claims were obtained from the Conglomerate of Six (hereinafter C-6) companies back in November 2002; which were primarily owned by Urban, Urban’s Family and a few insiders. And CMKX ended up acquiring the mineral lease from the C-6 companies through the Cybermark merger.


Filed within the SEC DEF 14C is an exhibit detailing the claim numbers that Cybermark acquired from C-6.

The document is known as:

7 EX-99 report.pdf 7685823 REPORT ON THE DIAMOND EXPLORATION

www.sec.gov/Archives/edgar/data/1092299/000111776803000002/0001117768-03-000002-index.htm




This exhibit contains a list of all the claims acquired by Cybermark.
The list is known as “Appendix 1” attached to the exhibit.
“Appendix 1” contains fourteen (14) pages and looks like:




Contained within the fourteen pages is the entire CMKX claim numbers originally purchased from the C-6 corporations back in November 2002.

Knowing the original C-6 claims numbers is important because;
~None of the C-6 claim numbers exist today!

The Saskatchewan Minerals Department (SMD) publishes a list of all claims numbers.
This document can be located at:

tinyurl.com/2dutcc

The excel file that contains the list of all current claim numbers can be obtained from:

tinyurl.com/2oczcu


If you take all the C-6 claims numbers located with the SEC Exhibit;
And compare the claim numbers with the SMD excel list;
You’ll notice that none of the C-6 claim numbers exists today!

The reasons why none of the claim numbers exist today is because the C-6 claims had “lapsed” and were re-staked by “other people.”

Title to the C-6 mineral claims is basically:
~ C-6 staked the claims from the Saskatchewan Government.
~ C-6 claims lapse and mineral title reverted back to the Saskatchewan Government.

~ Saskatchewan Government places claims back up for public staking

~ Title to mineral claim shall be enthralled upon the new entity from public staking.

Thus, Cybermark’s claims lapsed and mineral title was reverted back to the Saskatchewan Government.

One of the problems of “misinformation” that is being spread around to CMKX shareholders are:

~ The DEF 14C states that any legal action and claims revert back to CMKX;

~ And Urban placed the claims under Koch’s protection.

Here’s the issue!
People believe that should any legal proceeding be enacted, CMKX will get the claims back. This is known as the “DEF 14C clause.”

But what people are failing to recognize is the C-6 claim numbers no longer exist.

And the reason why the numbers no longer exist is because the claims had lapsed.

I’m not questioning the legal “mumbo-jumbo” of the DEF 14C nor am I questioning whether such clause(s) contained within the DEC14 C are true or not true. The area that I am questioning is what legal power does the DEF 14C clause(s) have over claims that have lapsed and were re-staked in accordance with the SMD!

I can understand that if Cybermark still held the claims purchased through the DEF 14C ~ the DEF 14C clauses would protect the claims as people define.

But the fact is; the DEF 14C claims all lapsed and were picked up by other people with new claim numbers being assigned by the SMD! And the clauses of the DEF 14C do not pertain to these new people that staked Cybermark’s lapsed claims!

This “misinformation” being spread around that legal action would enthrall the claims back to CMKX is untrue and misleading shareholders.

The other area I discussed was:
~ And Urban placed the claims under Koch’s protection.

We’ll get into this subject later on.
But for you information, I traced the claims a while back.
Here’s a list of what happened to the C-6 claims and who ended up owning these claims after they all lapsed from CMKX protection:

www.filecrunch.com/file/~5yupuk

Any questions ….. Ask away!
And I’ll start working on #2.

[Franko10 ™]

2 ~ Diamond Claims ~ CMKX-Koch

As I showed in the prior post, all of the Cybermark (CMKX) claims lapsed and were subsequently picked up by Koch and Nevada Minerals (NM).

www.filecrunch.com/file/~5yupuk

When Koch and NM picked up the lapsed CMKX claims, Urban entered into a separate mineral agreement with each person. Again, both agreements are separate from the DEF 14C clauses and neither Koch nor NM is subject to the “litigation” clauses of the DEF 14C.

I’ll discuss NM later on, but right now I am only focusing on Koch.

CMKX entered into a mineral lease agreement with Koch.
The lease agreement was made available through the Task Force website.

convert.neevia.com/prods/57c1aa94-f232-4f0c-bc0c-12ce83a4d0c3.cvn/Koch.pdf

The lease clearly stipulates that CMKX shall pay Koch an annual lease payment.

Koch was paid his 2003 and 2004 annual lease payment with shares as recorded in the Master Shareholder List.

We know from the recent release that CMKX was declared in default of the Koch lease.

www.cmkmdiamondsinc.com/documents/101047025company.pdf

As well as the CMKX filing with the SEC declaring the Koch default.

www.sec.gov/Archives/edgar/data/1092299/000107704805000578/cmkm_entourage-102105.htm

There’s a campaign of misinformation that Koch is holding the claims for CMKX.

But what people are not recognizing is that the Koch agreement stipulated that CMKX shall pay Koch an annual mineral lease payment and Koch (along with his family) was paid 43.8 billion shares of CMKX in lieu of cash for the mineral lease payment.

This misinformation that Koch is a “great guy” and is holding CMKX’s claims contradicts with the fact that if Koch was holding the claims for "safe keeping," why was Koch paid 43.8 billion shares?

But people continue to state that Koch is holding claims for CMKX but not recognizing that Koch and Koch’s family were paid 43.8 billion shares!

And further, Koch received 8,888,888 million shares of Entourage Stock through the ETGMF-CMKX deal. If Koch was holding claims for CMKX, then why did Koch receive 8,888,888 shares of ETGMF?

But yet people continually spread false information that Koch is going to give CMKX back the claims!

[Franko10 ™]

3 ~ Zinc Claims ~ CMKX-Koch


The passing of the Zinc claims is quite an interesting story.
And I use the word “passing” because that’s what happened to the Zinc claims.

Not only did CMKX pay $6 million dollars in shares to certain Insiders for the acquisition of the Zinc claims (as recorded on the SEC OIP Exhibit), just recently the TRO indicated that Urban’s Brother was paid an additional $500,000 in cash for the acquisition of the Zinc claims.

The Zinc claims were not part of the DEF 14C agreement.
The Zinc claims came into the picture the early part of 2003.

I won’t go into detail about the history of the Zinc claims nor will I go through all the PR’s issued about the Zinc claims. But in brief, the Zinc claims were purchased by CMKX and “transferred” to CIM; CMKX shareholders received a CIM stock dividend during the time of the “passing” (September 2003).

Here’s the interesting aspect of the Zinc claims:
Even though CMKX paid for the Zinc claims, the claims were registered under Koch with the SMD claims list.


Here’s a history of the Zinc claims. In brief, you’ll see that CMKX ended up buying the Zinc claims from Petro Plus:

tinyurl.com/7jgk8

But what’s interesting is that even after CMKX purchased the Zinc claims (with cash and shares) and even after CMKX press released the transfer of the Zinc claims ownership from CMKX to CIM, the Saskatchewan Mineral Department (SMD) recorded the Zinc claims under Koch’s 7025 company.

Here’s the SMD ownership recording as of September 2005:



And don’t forget ~~ CMKX way paying Koch a $5 million dollar annual lease payment as we discussed in category #2.




Further, during October 2005, Koch sold the mineral claims to ETGMF.
Recorded with the SEC is the actual mineral contract.

www.sec.gov/Archives/edgar/data/1239672/000106299305002844/exhibit99-1.htm

And recorded within the contract is that disclosure that ETGMF was acquiring 1,087 claims:

“The Smeaton/Forte a la Corne Property is comprised of approximately 1087 claims totaling approximately 411,275 hectares in the Smeaton-Forte a la Corne, Saskatchewan area. No NI 43-101 report has been completed on the Smeaton/Forte a la Corne Property to date.”

Here’s the weird thing about this contract:
Attached to the contract is a detailed list of all claim numbers.
If the entire claims are counted on the contract, the number comes up to 1,079 claims.
And during October 2005, Koch had 1,087 claims registered.

Even though the contract stipulated 1,087 claims were being sold to ETGMF, the contract only records 1,079 claims.

Here are the 1,087 claims Koch owned in October 2005:

www.filecrunch.com/file/~nq4qch

And here’s the 1,079 number that’s recorded on the ETGMF contract:

www.filecrunch.com/file/~ytohnl

Eight (8) claims are missing from the ETGMF contract.
Here are the eight (8) missing claims:






Koch created a new Saskatchewan company called:
~ 101083503 SASKATCHEWAN LTD.

convert.neevia.com/prods/8acccc91-bacf-40fc-b9a5-372d3e936a5c.cvn/101083503.pdf


Subsequently, Koch transferred the Zinc claims into 101083503;

www.filecrunch.com/file/~euhq3q


Just recently, Golden Arch Resources released a joint venture agreement that entailed the Zinc claims:

convert.neevia.com/prods/b0134a45-36c4-4ebd-ad48-016d8ee36754.cvn/Arch1.pdf



Of which, by the way, Urban is/was heavily invested in the Golden Arch Resources:

i10.tinypic.com/4mb2k3m.jpg

But that’s a different story!




Golden Arch just recently filed their 43-101 just last week on the Zinc claims.
And there are a few areas of the 43-101 that I find interesting:

[Franko10 ™]

4 ~ Diamond Claims ~ Nevada Minerals (John Dhonau)



Nevada Minerals (NM) is relatively a simple transaction.

CMKX acquired the NM claims for 75 billion shares.

NM did not want the CMKX shares and returned the shares back to CMKX.
In consideration, CMKX entered into an agreement for $2.2 million dollars;
~ $200,000 in cash.
~ $2 million dollar promissory note payable on 12/16/2005.

Pay attention to the aspect that the first promissory note was “unsecured.”

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Seven months later, on July 15 2005, Urban canceled the first “unsecured” promissory note (above) and issues NM a second promissory note (below).

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There was $510,000 of accrued interest from Dec-2004 to July-2005;
With “advances on expenses paid for the American Shaft” from Dec-2004 to July-2005;
That was added onto the principal balance (original $2,000,000 principal is now $2,510,000 principal).

But this time the second promissory note is “secured.”
With the secured property being the American Shaft in Ecuador!



And I’ll post the whole Master Security Agreement when I get to what happened with the American Shaft!




So let’s look at the chain of events from September 2004 through October 2005.

10/07/2004 ~ CMKX issues NM 75 billion shares (S-Restricted).

12/??/2004 ~ SEC contacts Roger Glenn about CMKX.

12/16/2004 ~ NM returns shares and is issued promissory note (un-secured).

07/15/2005 ~ First “unsecured” note cancelled and second “secured” note issued.

10/24/2005 ~ CMKX files with SEC the default on the second NM promissory note.
www.sec.gov/Archives/edgar/data/1092299/000107704805000578/cmkm_entourage-102105.htm


ETGMF, after due diligence, determines the NM Diamond Claims have no potential and ETGMF cancels the NM assignment.

NM claims lapse.
Only one claim reminds in the name of NM.
All other NM claims lapsed.

Here’s a list of the claims and the date that claims lapsed:

www.filecrunch.com/file/~uduzjf

And no one has re-staked the former NM claims!

[Franko10 ™]

5 ~ Diamond Claims ~ CMKX-Canadian JV's (United, Star and Shane)


Throughout all the Diamonds claims that were held by the Canadian JV’s, there was only one (1) JV agreement that CMKX entered into. CMKX had the option to JV any diamond claims held by the Canadian companies, but the only JV CMKX entered was the cluster of 27 claims (also known as the Carolyn).

Here’s the JV agreement:

www.filecrunch.com/file/~cmkz1u


The agreement was executed Mar-2004.
Through the time period of this agreement, CMKX and USCA were to expend a certain amount of money working and exploring the claims by Mar-2005.


Consolidated 2005 10K
As you can see, both CMKX and USCA failed to meet the expenditure requirements by Mar-2005.




And then we have this disclosure for the 10Q ending 04/30/2006:



These two (2) images of the MDA report were for the year 2005 and 2006.



There are two (2) areas of misinformation being spread around:
~ The Carolyn core samples that have not been “tested” contain massive findings;
~ The mergers of CMKX with the Canadian companies.


As far as CMKX merging with the Canadian companies, one should ask themselves why these Canadian companies would remove all inclinations of business deals with CMKX?

What I found interesting about the so called JV partners is that as of now (2007), all three companies have distanced themselves from CMKX to the point of removing (mostly) all information relevant to any CMKX business dealings.


Here’s a copy of the MDA for the later part of 2004;
And then the most recent 10Q or 10K filed by all three Canadian JV companies:

United Carina

2004 ~ www.filecrunch.com/file/~5yupv7

2007 ~ www.filecrunch.com/file/~jab88i


Star Uranium (Consolidated Pine)

2004 ~ www.filecrunch.com/file/~1j17qr

2007 ~ www.filecrunch.com/file/~li7zaq


Shane Resources

2004 ~ www.filecrunch.com/file/~3qxysz

2007 ~ www.filecrunch.com/file/~wlrqlu









And as far as people continually claiming the Carolyn contains some type of massive diamond find in lieu of the samples that are placed into the “secret” warehouse:

What people don’t want to recognize is that United and Consolidated (Star) declared CMKX in default and cancelled the JV agreement (see image above). So even if there was some sort of find, CMKX no longer has any agreement concerning the Carolyn.

And another aspect that people don’t want to recognize is that of the 27 claims that consisted of the Carolyn, here’s the status of those claims today:

[Franko10 ™]

6 ~ Uranium Claims ~ CMKX-United


There’s nothing much to the Uranium claims.

The claim numbers are recorded under the ETGMF contract;

www.sec.gov/Archives/edgar/data/1239672/000106299305002838/exhibit99-1.htm

S-107478
S-107479
S-107480
S-108049

The claims are in good standing.

[Franko10 ™]

7 ~ Gold Claim(s) ~ CMKX-Ecuadorian


We all know about the past PR’s and all the pictures running around on the Ecuadorian Mine (aka American Shaft).

SEC OIP Hearing: An excerpt from John Dhonau’s testimony:

i15.tinypic.com/4z42rs0.jpg


CMKX ended up spending over $1 million dollars refurbishing the mine back to safety and operating levels.

Next we have a combination of events relating to Nevada Minerals (as discussed in #4).

Oct-2004 ~ CMKX gave Nevada Minerals 75 billion shares for the mineral claims.

Dec-2004 ~ 75 billion shares exchanged for $2 million dollars note (Unsecured).

Apr-2005 ~ Nevada Minerals issued collection letter to CMKX
Copy ~ i14.tinypic.com/4kc0nwn.jpg

Apr-2005 ~ Nevada S.A. issued notice to Nevada Minerals
Copy ~ i16.tinypic.com/4kk3v5u.jpg

Jul-2005 ~ “Unsecured” promissory note returned, new “Secured” note issued
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Jul-2005 ~ The Master Security Agreement placing the Ecuador Mine as collateral on note.
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Oct-2005 ~ CMKX declares default on Nevada Minerals and the Ecuador mine agreement.

www.sec.gov/Archives/edgar/data/1092299/000107704805000578/cmkm_entourage-102105.htm

www.cmkmdiamondsinc.com/documents/americanshaft.pdf

The secured property of the note was the Ecuadorian mine!

The Master Security Agreement placing the Ecuador mine as collateral is how CMKX ended up losing the Ecuador Mine (American Shaft).





Now, in analyzing the chain of events, there are a few discrepancies that we shareholders should all recognize!

The original note for $2 million dollars (on claims that all but one have lapsed), I agree that there will be accrued interest from Dec-2004 up until the issuance of the second note during Jul-2005 (eight months).

Personally, I think the note is complete BS because Nevada Minerals diamond claims were worthless and so thought USCA and revoked over 30 million of USCA shares issued to Nevada Minerals on the diamond claims; but legally, interest is due on the note.

In addition, CMKX owed money for operating expenses on the Ecuador mine.

These two (2) categories of expenses accumulate to $510,000 dollars.
Of which was “added” into the second promissory note executed in Jul-2005



What means that the CMKX – Nevada Minerals – Ecuador Mine agreements were “current” and in “good standing” as of Jul-2005.



Somewhere between Jul-2005 through Oct-2005 there is a declaration that $706,471.53 in mining expenses had accumulated from July 16, 2005 to October 29, 2005. That’s 106 days (including weekends) in which $706,471.53 dollars in mining expense accumulated of which CMKX was obligated to pay!



I do not believe that $706,471.53 was accumulated within 106 days!
I believe this whole façade above was designed to steel the American Shaft from CMKX shareholders!

And the final slap in the face to all CMKX shareholders;
After CMKX shareholders spent over a million dollars refurbishing the mine;
The final slap in the face to all shareholders is that John Dhonau and Urban Casavant ended up owning the Ecuador mine personally!





The Ecuador mine was sold to CAPELLA RESOURCES LTD.

cmkxdiamond.proboards66.com/index.cgi?action=display&board=general1&thread=1166761658&page=1






I have one (1) more area to discuss and then I’m finished (whew)!

[Franko10 ™]

Royalties:

CMKX PR'd the Zinc claims were going to be "conveyed" to CIM back in 2003. And CIM issued all CMKX shareholders a stock dividend back in 2003 because of this deal.

In 2004 CMKX ended up paying (I believe) $1 million dollars to CIM for a 10% royalty rights on any income derived through CIM.

The only problem is that CIM was never "conveyed" the Zinc claims (and I showed who owns the Zinc claims as of today).

So yes ..... There's a royalty agreement with CIM.
From any revenues generated through CIM.
But CIM has been revoked and can no longer do business in Nevada.

I know of no other royalty agreements pending with CMKX other than the CIM royalty.


As far as contacting Bill, John or Kevin about this information .....
I can't!

And the reason why I can't inform them is because:
~ All of Pedro's information is old and not current,
~ Pedro only shows one side of the story,
~ Pedro created documents that are not true,
~ And Pedro is a basher so don't listen to him!