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Wall Street Fails To Deliver
the real
Weapons of Mass Destruction
FTD’s = WMD’s
It is July 25th, 2011 and the President of the United States, Barack Obama has just signed into Law an Emergency Executive Order–Blocking Property of Transnational Criminal Organizations. President Obama states in this order “ such organizations are becoming increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system.” The President then goes on to say “ I therefore determine that significant transnational criminal organizations constitute an unusual and extraordinary threat to the national security, foreign policy and the economy of the United States, and hereby declare a national emergency to deal with this threat. “
The threat, well here is the link to the Emergency Executive Order www.whitehouse.gov/the-press-office/2011/07/25/executive-order-blocking-property-transnational-criminal-organizations Read for yourself and see who the criminal organizations are listed in the annex on page 3 and the 4 Entities. The threat lies within the Wall Street financial system and the manipulation of the stock market via counterfeiting in all aspects of the stock market. Wall Street has Failed To Deliver the stocks and this is what has caused the financial meltdown, not to mention the Flash Crash on May 6th, 2010 along with the destruction of Bears (March 2008) and Lehman Brothers (Sept 2008), resulting in the bankrupting of thousands of companies, hence the Destruction of the American Economy and the job growth in the United States. The Hole in the System is the Stock Borrow Program at the (DTCC) the Depository Trust Clearing Corporation that clears all the trades at the DTCC. The Stock Borrow Program allows the trades to get thru electronically at super speeds even though these criminal brokerage houses and hedge funds Fail to Deliver the stocks. It is called Naked Short Selling, in other words COUNTERFEITING. Phantom Shares sold by these criminal organizations, including the top banks in the United States along with all these growing hedge funds from all over the world. There is $30 trillion dollars a month going thru the DTCC and each and every day there is up to $6 Billion dollars a day of counterfeiting going on and increasing each day, because the system is full of counterfeit phantom shares, that have been manipulated by these criminal organizations mentioned in that Emergency Executive Order. These Fails To Deliver ( FTD’s ) are the real Weapons of Mass Destruction ( WMD’s ) yet, the news media still remains silent even though the Government admitted that NSS is a real threat to the U.S in 2008 by SEC Commissioner Christopher Cox and now the White House.
Listed below is a sequence of events to connect the dots to how we have gotten to the point of the threat to our National Security and the Economy of the United States and the Russian connection and other criminal organizations. To bring out the truth and make this real, all you have to do is read the words of the President in his Executive order. Here is and MP3 from a radio show on June 4th, 2010 with a leading a securities lawyer and a former FBI agent as they discuss these threats. Please listen to the caller at the 20 minute mark. It brings to light just how widespread this corruption is within the United States financial system. here is the MP3 from that radio show http://www.winningstrategies.net/6-4-Hr2.mp3
The sequence to the Russian connection and the Criminal Organizations of the World on Wall Street
May 2007, Goldman Sachs hires Sergey Aleynikov, a Russian math whiz, computer programmer
July 6th, 2007 The uptick rule is eliminated on Wall Street, it increases massive counterfeiting by these hedge funds and brokerage houses from all over the world. Hedge Funds growing rapidly to manipulate the Fails to Deliver in Stocks
March 2008 Bears Sterns goes down via this counterfeiting. SEC commissioner admits Naked Short Selling is real and protects 19 of the top banks from counterfeiting stocks in these top 19 banks.
June 2008, Hank Paulson secretly meets with Goldman Sachs directors in Russia.
Sept 15th, 2008 Lehman Brothers goes down because of the massive NSS of counterfeit shares. The Government again steps in and protects 799 financial stocks from Naked Short Selling ( NSS ).
Sept 29th, 2008 Dow Falls 777 Points ( Casino Jackpot ) after the Senate Bill Fails on the Bailout. Was the 777 points another message. Wall ST Casino. Then Bailout is passed.
Dec 2008, Bernie Madoff is arrested. Looks like they are trying to spin Bernie Madoff as the reason for the meltdown due to his giant Ponzi Scheme
March 9th, 2009. The Stock market bottoms out just as word leaks of a movie coming out about Naked Short Selling and the elimination of the uptick rule.
June 2010, 2009 The movie Stock Shock- The Short Selling of the American Dream comes out. No media covers it.
July 3rd, 2009 Sergey Aleynikov the Russian math whiz steals and sends over 1000 Goldman Sachs secret codes and files to a German web site that was owned by someone in London. FBI arrests him July 3rd 2009
October 2009 Galleon insider trading scandal 5 arrested. in November 2009 14 more arrested.
January 2010 CMKX Lawsuit Filed. The Worlds largest lawsuit in history and it involves Wall Street Counterfeiting of Stocks. 2.25 Trillion shares were counterfeited on Wall Street.
April 5th, 2010 RT TV Russian TV out of the Washington Bureau reporter Alyona Minkovski ” The Alyona Show talks about CMKX story http://www.youtube.com/watch?v=8Bh_7NPlOF8&feature=player_embedded
April 14th, 2010 RT TV CMKX follow up on Alyona Show with CMKX shareholder David Nelson http://www.youtube.com/watch?v=_GH5VCvZEYk&feature=player_embedded or http://www.cmkxsting.com
April 15th, 2010 Goldman Sachs board of Directer tied to the Galleon insider trading scandal
April 16th, 2010 Goldman Sachs Civil fraud charges is finally all over the TV news
April 20th, 2010 Goldman Sachs all over TV for for mortgage fraud and housing scandal at senate hearings. 5 GS Workers all over TV at hearings.
May 4th, 2010 Goldman Sachs pays fine ( $450K ) for NSS 385 separate times in two month period of Dec 2008/Jan 2009. No media report
May 4th, 2010 Car bomb found in NY city. That same day Goldman Sachs settles for their 385 fails to deliver (NSS ) with a laughable $450K fine and not one word about it on TV news. amazing.
May 6th, 2010 did they ( Criminals ) send a message? …”back off NSS story and Goldman Sachs ” or we destroy the stock market, Then the FLASH Crash happens around 2:30pm drops from 300 points to 970 in 2 1/2 minutes
May 18th, 2010 Germany unannounced to the world bans NSS (what did they know about those GS secret codes/files)
May 28th, 2010 I made the video about Sergey Aleynikov on you tube called Wall Street Dirty Secrets.
Youtube Dirty Secrets part 2 came out May 30th 2010 www.youtube.com/watch?v=tNiTANt8m4Y
You tube Dirty Secrets part 1 came out May 2010 www.youtube.com/watch?v=HGAXCmg-_Vc
June 4th, 2010 I called into the radio show with Wes Christian http://www.csj-law.com/press/index.html and the FBI agent Don Clark Winning strategies and I discuss the Russian math whiz/computer programmer at Goldman Sergey Aleynikov being arrested by the FBI July 3rd 2009 and that he sent over 1000 secret codes and files of Goldman Sachs and sent to a German web site, which was owned by someone in London. All in an FBI reported document that came out on internet, yet no TV coverage again.
This was all discussed on the radio and I also asked about Germany banning NSS on May 18th, 2010 and said WHAT DID THEY KNOW? from those secrets codes and files send on July 3rd 2009 from Russian Sergey Aleynikov. Who was the Web site? What does Germany now know? It appears the same with President Obama in the Executive Order dated July 25th, 2011.
June 7th, 2010 Newsweek magazine does a two page story on Wall Street Casino. Writer mentions the Sergey Aleynikov arrest in one of the paragraphs, but no in depth details. I called the writer same day and talked to him over the phone. The following week the reporter was shipped out on 2 year assignment. Why? He was about to uncover the biggest story ever told.
June 27th, 2010 Anna Chapman and 9 other Russian spies arrested and all over TV for two weeks and ends up being 12 spies total. The news media says she was a Red Headed bomb shell and was only sipping coffee at starbucks using her lap top.
July 8th, 2010 They trade the 12 Russian spies and ship to Russia - in return we get back 4 spies. Why???
July 15th, 2010 Goldman Sachs fined for the housing scandal from the April 16th civil charges $550 million
It is my believe that all this came about and somehow the FBI tracked down the Russian spies linked to the Flash Crash because each of the spies were working for the hedge funds and specializing in the Naked Shorting and the selling of Phantom Shares ( COUNTERFEIT ) stocks. Did any of those Goldman Sachs secret codes and files link the Russian spies? This is proven in deep capture as the writer explains who Anna Chapman and the other 11 spies and who they worked for listed later on in this article, which was Hedge funds naked short selling stocks. Great U.S news media reporting, pretty sad.
now fast forward to 2011 and the Presidents Emergency Executive Order dated July 25th, 2011
The movie Wall Street Conspiracy movie here is link. http://i360m.com/industries/music-entertainment/wall-street-conspiracy.php soon to come out.
The movie Radio Wars will be out Sept 2011 here is the link http://www.RadioWars.com will media finally report on TV, the NSS story.
April 22nd, 2011 Watch this 19 minute video. A meeting with the Florida (OFR) Office of Financial Regulations Director and Chief. http://www.cmkxshareholder.com/CMKX/Enough_is_Enough.html
June 2011 The awesome in depth investigative reporting by Mark Mitchell of Deep Capture. He has reported 20 chapters so far. here is the link http://www.deepcapture.com/ How is his truly amazing investigative reporting not all over TV.
It is all starting to make sense. The dots are being connected by real investigative reporting. The Weapons of Mass Destruction = FTD’s / Fails To Deliver. The HOLE in the system, is at the DTCC and the Stock Borrow Program which is allowing the phantom shares to flood the stock markets. Listed below is a case in which it was just settled on ( June 20th, 2011 ) http://csj-law.com/press/media/Law360_TaserSettlement062011.pdf and that the 8 biggest banks in the United States, including Goldman Sachs. The settlement was for the plaintiffs allegation that these top 8 brokerage houses were selling phantom shares of Taser Stock. ( Counterfeit shares means = NSS, Naked Short Selling, FTD’s, Fails To Deliver, Phantom Shares ) these are all words that mean the same, the brokerage houses and these criminal hedge funds were selling nothing, thin air, counterfeit shares and that my friends are the real WEAPONS of MASS DESTRUCTION ( WMD’s ) They didn’t find these WMD’s in Iraq, they are flooded all within the financial systems on Wall Street and at the DTCC, created by the Stock Borrow Program.
I can only pray that the founding father of the NSS Fails To Deliver fight, Mr Patrick Byrne the CEO of OverStock, can finally shed some light on this on the National Stage ( all over TV ) Overstock vs Goldman Sachs as he goes to Trial on December 5th, 2011 Will the news media cover this trial like they have the Casey Anthony Trial? This story affects the entire World, will they remain silent? if so Why? Is there a United States Government Gag order on Wall Street Fails To Deliver story? It will go down in History as the biggest story and cover up ever reported, if told. I want to point out that there is the Largest Lawsuit in the history of the World in a California court right now and the Lawyer for the Plaintiffs, Al Clifton Hodges has stated in a affidavit dated July 21st, 2011, that there are settlement talks now ( the largest Naked Shorted Stock in Wall Street History ) the CMKM Diamonds story, see the movie on CNN I-report web site. here it is the most shared video ALL time, http://ireport.cnn.com/docs/DOC-484171 yet still the TV news media refuses to cover this Wall Street counterfeiting story. Why?
Here is the link to the Lawyer’s Affidavit http://cmkxshareholder.com/CMKX/Blog/Entries/2011/7/22_United_States_Court_of_Appeals_for_the_Ninth_Circuit_Al_Clifton_Hodges_CMKX_vs_SEC_Commissioners.html signed July 21st, 2011 just 4 days before the President signs into law the Emergency Executive Order. Hope the media follows up on the negotiations, if no settlement, the CMKM Diamonds Lawyer’s opening brief is due August 24th, 2011.
I hope I connected the dots for you. The $3.87 trillion dollar question now is, will the news media start to cover these Trials and Court actions? If so, we will finally expose the real truth about the real Weapons of Mass Destruction, these Wall Street – Fails To Deliver that caused the Destruction of the United States Economy.
Richard Keane
www.SiriusNews.com
CNN I-Report The CMKX movie is most Shared Video ALL TIME on CNN I-Report IN THE UNIDED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
David Anderson, Lt. Col; Nelson L. No. 11-55169
Reynolds, Lt. Col; Sheila Morris;
Robert Hollenegg; Reece Hamilton (U.S. District Court No. 8:10-cv-00031-
individually and on behalf of all JVS-MLG)
similarly situated,
Plaintiffs/Appellants,
vs.
Christopher Cox; Mary L. Schapiro; Cynthia A. Glassman; Paul S. Atkins; Roel
C. Campos; Annette L. Nazareth; Troy A. Paredes; Luis A. Aguilar; Elisse B.
Walter; Kathleen L. Casey,
Defendants-Appellees.
APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF
On Appeal from the United States District Court For the Central District of
California
The Honorable James V. Selna
A. Clifton Hodges, State Bar #046803
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797
Facsimile: (626)564-9111
Email: al@hodgesandassociates.com
Attorney for Plaintiffs-Appellants David Anderson, Lt. Col, et al.,
91H CIR. R. 27-3 CERTIFICATE
1. Telephone numbers and office addresses of the attorneys for the
parties.
Attorney for Plaintiffs-Appellants David Anderson, Lt. Col, et al.,
A. Clifton Hodges
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797; Facsimile: (626) 564-9111
Email: al@hodgesandassociates.com
Attorneys for Defendants-Appellees Christopher Cox, et al.,
Andre Birotte Jr.
United States Attorney
Leon W. Weidman
Assistant United States Attorney
Civil Division
Keith M. Staub
Assistant United States Attorney Room 7516 Federal Building 300 North Los
Angeles Street Los Angeles, California 90012
Telephone: (213) 894-7423; Facsimile: (213) 894-7819 Email:
keith.staub@usdoj.gov
2. Facts showing the existence and nature of the requested
extension of time to file opening brief.
This is an appeal from an Order of the United States District Court, Central
District of California, Southern Division (Selna, J.), granting
Defendants’ FRCP 12(b) Motion to Dismiss (Minute Order dated June 6, 2010)
and dismissing Plaintiffs First Amended Complaint with prejudice, by Order
of Dismissal dated December 29, 2010.
The present Bivens action arises out of the sale of stock from CMKM
Diamonds, Inc. (“CMKM”), to Plaintiffs, the corporation’s subsequent
implementation of its resolution to self-liquidate, and the involvement of
the Securities and Exchange Commission (“SEC”) in that process. Plaintiffs
brought this action against a number of former and present SEC Chairpersons
and Commissioners, who refuse to authorize release of the compensation funds
under their custody and/or control, which monies result and accrue directly
from a clandestine government “sting” operation.
Plaintiffs have asserted claims for declaratory judgment and deprivation of
their Fifth Amendment Rights under the Takings Clause and the Due Process
Clause of the U.S. Constitution. While this cause was filed as a probable
class action, no putative class has yet been certified given the early and
unexpected dismissal of Plaintiffs’ case by the court below.
In the present appeal, Appellants contend, that: (i) the shareholders of the
winding-up CMKM corporation have a constitutionally protected property
interest; and (ii) a meritorious and compensable claim for relief was
properly plead and stated by Plaintiffs in their Complaint.
Appellants’ opening brief was originally due to be filed by July 11, 2011.
Appellants previously obtained from this Court, orally by telephone and
received from the Clerk, upon a showing of good cause, a fourteen (14) day
extension of the time to file Appellants’ opening brief, pursuant to 9th
Cir. R. 31 -2.2., to July 25, 2011.
In this current motion before the Court, Appellants now request an
additional time extension of thirty (30) days to file its opening brief, for
a number of important, material and relevant reasons, including, without
limitation:
(i) Appellants’ substantial need;
(ii) The likely event that the instant appeal will soon become moot;
(iii) The judicial economy and administrative convenience of the
Court,
(iv) To avoid the considerable, continuing expense and hardship to
both Appellants and Appellees in continuing to prosecute and defend this
appeal pending the expected, imminent resolution of the underlying claims,
thereby rendering this appeal moot; and
(v) The prior joinder in this Motion by the Appellees/Government
by stipulation and consent hereto.
In support of the above, Appellants attach to this Motion the Affidavit of
counsel, A. Clifton Hodges, Esq., incorporated herein and made a part
hereof.
3. Notification to counsel for other parties.
By telephone conference on July 20, 2011, counsel for Appellees-Defendants
(AUSA, John Nordin) has agreed to join in and otherwise stipulate to this
Motion.
CONCLUSION
For the foregoing reasons, Appellants, with the consent and stipulation of
Appellees, respectfully ask this Court to enter an Order granting Appellants
Motion For a thirty (30) day extension of time to file its opening brief and
for such further relief as the Court may deem just and proper.
Dated: July 21, 2011. Respectfully submitted,
HODGES & ASSOCIATES
I si A. Clifton Hodges A. Clifton Hodges Attorney for Plaintiffs-Appellants,
David Anderson, Lt. Col, et al.,
STATEMENT OF RELATED CASES
There are no related cases pending in this Court.
CERTIFICATE OF COMPLIANCE
I hereby certify that this Motion has been prepared using proportionately
double-spaced 14 point Times New Roman typeface. According to the “Word
Court” feature in my Microsoft Word for Windows software, this brief
contains 965 words up to and including the signature lines that follow the
briefs conclusion.
I declare under penalty of perjury that this Certificate of Compliance is
true and correct and that this declaration was executed on July 21,2011.
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of
the Court of the United States Court of Appeals for the Ninth Circuit by
using the appellate CM/ECF system on July 21, 2011.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system. Dated:
July 21, 2011.
HODGES & ASSOCIATES
Isl A. Clifton Hodges A Clifton Hodges 4 East Holly Street, Suite 202
Pasadena, CA91103 Telephone: (626) 564-9797 Facsimile: (626)564-9111 Email:
al@hodgesandassociates.com
SECOND FILING
IN THE UNIDED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
David Anderson, Lt. Col; Nelson L. No. 11-55169
Reynolds, Lt. Col; Sheila Morris;
Robert Hollenegg; Reece Hamilton (U.S. District Court No. 8:10-cv-00031-
individually and on behalf of all JVS-MLG)
similarly situated,
Plaintiffs/Appellants,
vs.
Christopher Cox; Mary L. Schapiro; Cynthia A. Glassman; Paul S. Atkins; Roel
C. Campos; Annette L. Nazareth; Troy A. Paredes; Luis A. Aguilar; Elisse B.
Walter; Kathleen L. Casey,
Defendants-Appellees.
AFFIDAVIT OF A. CLIFTON HODGES IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO
FILE OPENING BRIEF
On Appeal from the United States District Court For the Central District of
California
The Honorable James V. Selna
A. Clifton Hodges, State Bar #046803
Hodges and Associates
4 East Holly Street, Suite 202
Pasadena, California 91103-3900
Telephone: (626) 564-9797
Facsimile: (626)564-9111
Email: al@hodgesandassociates.com
Attorney for Plaintiffs-Appellants David Anderson, Lt. Col, et al.,
AFFIDAVIT OF A. CLIFTON HODGES
I, A. CLIFTON HODGES, do hereby state and declare:
1. I am an attorney at law, duly licensed to practice before all
the courts of the State of California. I am the principal in the law firm of
Hodges and Associates, counsel of record for Plaintiffs-Appellants
David Anderson, Lt. Col, et al., Case No. 11-55169. I am familiar with
the facts and circumstances respecting the matters herein addressed by
me; and have personal knowledge of the same, unless otherwise
indicated in this Affidavit.
2. I submit this Affidavit in support of Plaintiffs’-Appellants’ Motion For
Extension of Time To File Opening Brief, of even date herewith, attached
hereto and made a part hereof.
3. Appellants’ opening brief is currently due on or before July 25, 2011,
pursuant to having received a (14) day extension of the time to file its
opening brief, pursuant to 9 Cir. R. 31-2.2. In its concurrent motion to
this Court, Appellants ask for an additional time extension of thirty (30)
days to file its opening brief.
4. Upon information and belief, after careful inquiry and upon such further
investigation as I have, in my opinion, deemed necessary and appropriate,
taking into consideration all relevant facts and circumstances available to
me, I have concluded as follows:
(i) Appellants have good cause and substantial need for this thirty (30) day
extension of time, since within just the past hours, I have learned that
there is a substantial and serious likelihood that sustained and
comprehensive official efforts to settle and conclude this matter are now
underway, and the substantive elements thereof would provide to
Appellants-Plaintiffs the compensation and relief requested in their
Complaint. Given the very recent and unanticipated appearance to me of this
information, it would be impossible for Appellants to have exercised a more
timely due diligence by moving this Court for an extension of time seven (7)
days before July 25, 2011, as contemplated by 9th Cir. R. 31-2.2(b).
Likewise, this request for an extension of time to file a brief is an
application for procedural relief, and is not therefore a matter
contemplated by 9th Cir. R. 27-3 (and Circuit Advisory Committee Note to
27-3(3).
(ii) Accordingly, the information described above, gathered by or
through me, or presented to me by persons within the scope of protected,
professional privilege, and work product confidentiality, my resulting
conclusions, taken to their logical and legal conclusion, strongly indicate
and
make it much more likely than not, that the instant appeal will soon become
moot.
(iii) Continuing this case for thirty (30) days, and extending
Appellants’ deadline to file its opening brief accordingly, would be well
within the parameters of the stated rules of this Court, and an appropriate
exercise of the Court’s discretion inherent in deciding procedural matters
such as this.
(iv) Appellants’ motion would likewise serve to lessen the
unnecessary, yet considerable expense and hardship attendant to all parties
if
required to continue this appeal even though there is now pending an
expected, imminent settlement of this case; and
(v) Appellant and Appellee are both in accord and have stipulated
and agreed to join in this motion, thereby asking the Court to agree with
the litigants and treat this matter as consensual, routine and appropriate.
By
telephone conference late in the afternoon of July 20, 2011, counsel for
Appellees-Defendants (AUSA, John Nordin, Esq.) have agreed to join in
and otherwise stipulate to Appellants’ Motion.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 21st day of July, 2011, at Pasadena, California,
/s/ A. Clifton Hodges A. Clifton Hodges
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of
the Court of the United States Court of Appeals for the Ninth Circuit by
using the appellate CM/ECF system on July 21,2011.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system. Dated:
July 21, 2011.
HODGES & ASSOCIATES
/s/ A. Clifton Hodges A Clifton Hodges 4 East Holly Street, Suite 202
Pasadena, CA91103 Telephone: (626) 564-9797 Facsimile: (626)564-9111 Email:
al@hodgesandassociates.com
The Office of Financial Regulation presentation April 22nd, 2011 The Destruction of the American Economy.
How the hell did this happen, who’s to blame, and how we can get America back on track.
For those American Taxpayers mad about the Wall Street Bailouts, mad about the free falling economy, mad that the unemployment rate is skyrocketing, mad at your depleted 401K portfolios, this is a must read article.
This article will expose everything dirty about Wall Street and our Market Regulators. The crimes committed by the Wall Street Financial Banks/Brokers that lead to the Credit Crisis will be exposed. Crimes that our leaders in Washington and our Market Regulators are so desperately trying to hide from public view.
This report will detail all aspects of the Credit Crisis. You will learn that the Credit Crisis was caused by a combination of risky leveraged derivative bets, which are simply bank gambling debts and by the counterfeiting of stock securities, known as Naked Shorting. This report will detail who participated in these actions, this report will Name Names!
You will learn why the bailout of the banks will ultimately cost American Taxpayers tens of trillions of dollars more then what our leaders are currently forecasting. You will learn what the devastating effects the bailouts will have on our future and our children’s future.
Finally, this report will outline a simple plan that will force the clean up of Wall Street, which should then help turn our economy around.
Who am I and how do I know all this? I am a shareholder of a small company called Bancorp International. Bancorp International, known as BCIT is a small start up company, which was on its way to building itself into a growing successful company, before it was viciously targeted and attacked. The story of BCIT will shock and anger most hard working Americans.
The BCIT and its shareholders are victims of an orchestrated criminal act called Naked Short Selling. We have witnessed the horrors of Naked Shorting first hand.
Naked Shorting is a practice that the large Wall Street Financial Banks/Brokers used to rig the stock market for huge profits by counterfeiting the stock of targeted individual companies with the intent of bankrupting them. Yes counterfeiting of stock!!!
How big is Naked Short Selling? Naked Shorting makes the Bernard Madoff scandal look like a small parking infraction, that’s how big Naked Shorting is!
The fact is the Naked Shorters have counterfeited stock in thousands of American companies over the past few years. The Naked Shorters have stolen trillions away from these companies and their shareholders. Hundreds of thousands of jobs were lost with the destruction of these companies, making Naked Shorting the largest act of Financial Terrorism ever inflicted on the American people.
Yet our own Market Regulators and Congressional leaders have done nothing to stop this. They have turned a blind eye to the plight of all these American companies and their shareholders. They have been well aware of Naked Shorting for years and refused to enforce the laws that would have stopped Naked Shorting. Now they even refuse to go after the criminals, who were involved in Naked Shorting.
The reason why our Market Regulators and Congress refuse to go after the Naked Shorters is because it is the large Wall Street Financial Bankers/Brokers doing the crime.
The evidence in this report will clearly show that in today’s America the large Wall Street Financial Bankers/Brokers are above the law. They hold all the power and are the puppet masters that really run the American Economy, while Congress, the SEC and the DTCC are just their puppets.
Note 1: The Security and Exchange Commission, the SEC, is the police force for Wall Street. Their top job is to protect the public.
Note 2: The Depository Trust Clearing Corporation, the DTCC’s is a private company whose job is to oversee the settlement of virtually all the trades in the United States Market. In other words, the DTCC’s main job is to make sure the brokers are delivering real shares and not counterfeit shares to the investment public.
Note 3: The Senate Committee on Banking, Housing, and Urban Affairs is a Congressional Committee responsible for overseeing the SEC, the Stock Market, and the Banks. They are the ultimate watchdogs of the Economy.
The SEC under the leadership of former Chairmen Christopher Cox, the DTCC under the leadership of Donald F. Donahue and the Senate Committee on Banking, Housing, and Urban Affairs led by Republican Richard Shelby and Democrat Christopher Dodd all are guilty of betraying the American Public.
They all should be immediately fired and all should be investigated for fraud and possible kickbacks. Under their watch they allowed the large Wall Street Financial Banks/Brokers to destroy and pillage the American Economy. These individuals sat back and did noting while the financial elite counterfeited shares of companies like BCIT & CMKX & Siri and thousands of other companies.
BCIT the Smoking Gun.
BCIT is the smoking gun. BCIT has undeniable proof that well over 350 million counterfeit shares of BCIT stock were created by the large banks/brokers. Furthermore, BCIT’s case shows that the SEC, the DTCC and Congress were all well aware of this and refused to do anything about it. The Naked Shorting criminals pocked well over 50 million dollars from the counterfeiting of BCIT stock alone.
After we provide our evidence, we hope you the American Public will begins to understand how broken our Economy really is and will help us spread the word about what is really happening within our economy.
All it takes is for one person to stand up to the injustices and say enough is enough followed by another, then another and soon a movement is born. We hope this report will start such a movement and that you will stand up with us.
We only ask that you forward this report on because this effects EVERY AMERICAN CITIZEN!
Only through public awareness and public pressure will we succeed in getting rid of the criminals that run Wall Street. Only through public awareness and public pressure will we be able to make the changes necessary to fix our Economy.
Without these changes our kids will inherit an America that is a shell of itself. An America with staggering higher taxes, a lower standard of living, and fewer job opportunities. Conversely the Wall Street rich and powerful will continue to get away with their criminal activates against their fellow Americans without any consequences.
Two hundred years ago, our forefathers would have gathered up their guns and pitchforks and used them to run all of the Wall Street Financial Bankers/Brokers, Market Regulators and Congressional Leaders that caused the Credit Crisis out of town.
Today we do the exact opposite. Instead of punishing those who caused the Credit Crisis we bail them out. They destroyed our economy and we reward them by giving them trillions of dollars.
We must change this. The day the large Wall Street Financial Banks/Brokers became greater than the law was the day that the American Economy’s fate was sealed.
We must make the large Wall Street Financial Banks/Brokers accountable for their actions. We must make our Congressional leaders and Market Regulators accountable for not doing their jobs. Accountability must mean firings and jail time for those involved in causing the Credit Crisis or nothing will ever change.
The Credit Crisis
The Credit Crisis is the reason our economy is now in a freefall. Without a Credit Crisis, America would not be knee deep in a recession right now.
The two major causes of the Credit Crisis were risky Leveraged Derivative Bets and Naked Short Selling.
Credit Crisis Causes #1: Leveraged Derivative Betting
Derivatives are used by banks and other major businesses to hedge risk, make a market, or to engage in speculation. Speculation is the Motherload of all EVIL. In other words, derivatives are basically big bets made with a tremendous amount of leverage. Derivative bets can be made on anything like stocks, bonds, currencies, commodities, the housing market, etc. The housing market was the bet of choice by many on Wall Street.
A typical Wall Street Bank/Broker with 1 billion dollars in hard assets was allowed to borrow 50 to 100 billion dollars and then wager that money on the derivative market. When the housing market was going up the Wall Street Banks were making billions on their leveraged bets. The more money they made the riskier bets they made. In good times the high leveraged bets resulted in insane year-end bonuses for all those employed at these Wall Street Banks/Brokers.
The music stopped when the housing market and other derivatives turned south.
What do you suppose happens to that 50 billion dollar housing market bet in a free falling housing market?
A twenty percent housing market downturn would result in a 10 billion dollar loss on the original 50 billion dollar housing market bet. How then does a bank cover a 10 billion dollar loss when the bank only has 1 billion dollars in real value? Can you say “Taxpayers Bailouts”!
Total of the Taxpayer Bailouts
So what is the total value of the combined bets Wall Street made on the derivative market?
If we know this we can quantify how big the total losses will be. This will tell us how much bailout money the banks and Wall Street will ultimately need.
World GDP is about 50 trillion dollars, which represents all of the world’s total hard assets. In 2001 the derivative market was also roughly 50 trillion dollars. This is economically sustainable because 50 trillion dollars of derivative bets were backed by 50 trillion dollars of real assets, an equal 1 to 1 ratio.
However, the derivative market went from 50 trillion in 2001 to a staggering 700 trillion by 2007, all because of leveraged borrowed money.
The ratio of GDP (50 trillion) to the derivative market (700 trillion) went from a realistic 1 to 1 ratio to an unsustainable 1 to 14 ratio all because of GREED from the likes of Goldman Sachs, Citigroup, Morgan Stanley, Bear Stearns, Lehman Brothers and many other.
They made 700 trillion dollars worth of bad bets back by nothing more than thin air. A pack of degenerate gamblers that literally bet the house on the housing market with money they didn’t have and now we the American Taxpayers will be forced to pay off their gambling debt for decades.
What were former FED Chairmen Allan Greenspan, President Bush and Congress doing while the banks were making their 700 trillion dollars worth of bad bets that now threaten to destroy us?
Incredibly our leaders decided that the banks needed no transparency and they were perfectly capable of self-regulating themselves.
The SEC, the police of Wall Street, with the insistence of former Commissioner Annett Nazareth, in 2004, went as far as removing an important regulation that limited the amount of money that investment banks could borrow. With this regulation removed the banks had no more borrowing restrictions. This paved the way for them to borrow unlimited amounts of money, which they used to make even riskier bets on the housing market and other derivatives. The SEC removal of this important regulation is the main reason the derivate market went from 50 trillion to 700 trillion dollars.
Total Bailout Cost
If we take the 700 trillion dollar derivate market, which is nothing more than 700 trillion dollar in bets and take a very conservative 10% drop in derivative prices (10% drop in housing market, commodities, stock market…etc) across the board, we are talking about 70 trillion dollars in betting losses by the large banks. If world GDP is roughly 50 trillion dollar then lets assume bank assets make up 20 trillion of the 50 trillion GDP figure.
The banks would then have 70 trillion in losses and only 20 trillion in hard assets to cover these losses. This would leave the banks with 50 trillion dollars in losses beyond what they could cover themselves (70 trillion minus 20 trillion equals 50 trillion), or in other words they are in need of 50 trillion in taxpayer bailouts.
America are you beginning to realize how big of a catastrophe we are facing?
Now you know why each week the FED and Treasury keep raising the amount of bailout money they are paying out to the banks.
The FED as of today has pledged nearly 8 trillion dollars and the Treasury has pledged 700 billion dollars. This is just the start of the bailouts, we only have 41.3 trillion or so more to go.
The Impact of the Bailouts on the Future of America
Even before any of the bailouts started about half of our tax dollars were going towards paying just the interest, again this is only the interest on our national debt. Now with all the bailouts the national debt will explode in the coming years. Soon all of our tax dollars will go towards paying the interest on the national debt and still this might not be enough. This will leave no money for schools, roads, health care and national defense unless there are major tax increases.
There is no ways around the upcoming tax increases. It might not be this year or next year but very soon. In the years to come our taxes will sky rocket, maybe even double or triple. Our children will be forced to pay life altering higher taxes throughout their lifetime, all because of the sins of the large Wall Street Financial Banks/Brokers.
Believe it or not run away higher taxes is the best-case scenario in this Credit Crisis tragedy. If our leaders continue to allow the large Wall Street Financial Banks to dictate economic policy you will continue to see the banks getting more and more bailout money each month.
Eventually the burden of the bailouts will be far too great for even the American Taxpayer to finance and this could easily lead America into bankruptcy. As shocking as this sounds it will be our reality if the bailouts continue. We simply cannot afford to bailout the banks to the tune of 40 to 50 trillion dollars.
Credit Crisis Causes #2: Naked Shorting
While Leveraged Derivative Betting was the primary cause of the Credit Crisis, Naked Shorting helped amplified the Credit Crisis.
As mentioned above, Naked Shorting is the greatest crime against small and mid size American companies and shareholders in the history of the United States. Naked Shorting over the years has destroyed thousands of American companies, costing trillions of dollars in lost shareholder wealth and hundreds of thousands of lost jobs
The Naked Shorting game is played like this. A large Wall Street Broker targets a company. The brokers then start making big bets that the company’s stock price will go down.
This is called taking a short position, which is legal . Think of shorting as the opposite of buying a stock. When you short a stock, you only make money if the stock price goes down you lose money if it goes up. The further down the stock price goes the bigger the profits you make on your short bet.
Normally it’s up to a company’s performance and market conditions that decide whether or not a company’s stock price goes up or down.
Naked Shorting, which is very ILLEGAL, takes all of this out of the equation. Naked Shorting rigs the market so the targeted company’s stock price always drops regardless of any other factors.
How do the brokers manipulate the stock price? It’s the counterfeiting of stock that gives the brokers total control.
Note: We will discuss in a later section how the target companies can be completely unaware that the brokers are counterfeiting their stocks.
By the brokers adding a never-ending supply of counterfeit shares, the brokers eventually exceed any demand there is for the stock and the stock price drops. How far the stock price drops depends on how many shares the brokers are willing to counterfeit.
Naked Shorting always ensures the brokers have the winning hand.
In summary Naked Shorting is rather very simple, the brokers first target a company, then they place bets that the share price of that company will go down, then they illegally manipulate the share price down by counterfeiting shares, and then they collect the money on their winning short bet.
But wait it gets much worse
The ultimate goal for the Naked Shorters is not to just drive down a company share price, but the real goal is to bankrupt the company.
Bankruptcy is the tool the brokers use to hide the counterfeiting evidence. The millions or billions of extra counterfeit shares, suddenly disappears when the company declares bankruptcy. That’s because bankruptcy eliminates all stock shares, real or counterfeit, they all get wiped out.
The Making of Counterfeiting Shares
When you buy (or short) a stock or even when a big buyer like a Hedge Fund buys (or shorts) a stock the process is the same. You give your broker real money and in exchange your broker is obligated to deliver real stock to you at an agreed upon price.
What people don’t realize is that when you make a stock purchase your broker first sends you an electronic marker to your trading account. YOU DON”T HAVE REAL STOCK YET!!!!!
The electronic marker looks and acts like real stock, people just naturally assume they own the real stock. This is understandable because the electronic marker looks authentic, only your broker, the DTCC, and SEC would know the difference.
Remember the DTCC, the Depository Trust Clearing Corporation is a private company whose job is to oversee the settlement of virtually all the trades in the United States Market. The DTCC’s main job is to make sure the brokers are delivering real shares and not counterfeit shares to their customers.
In reality the electronic marker is nothing more than an IOU from your broker, even though it says you bought X amount of stock at X share price at this time of the day.
The electronic marker confirms the stock amount and stock price of your business transaction between you and your broker but your broker still must go out into the market and retrieve the real stock at that agreed upon price and then deliver that real stock into your trading account.
Up to this point the broker’s actions are perfectly legal. The United States Settlement System gives the brokers 3 business days to go out into the market and purchase the real stock.
For the most part, honest brokers usually deliver real stock to your account close to the same time your electronic marker gets entered into your account. Only in unusual cases like in an extremely volatile market or with an extremely illiquid stock should it take up to three days for your broker to deliver the real stock to you.
But what if your broker has alternative motives? What if your broker wants to manipulate the company your buying stock from? What if your broker decides not to deliver real stock to you and never intends to? Then what happens?
All the electronic markers in your account, now become permanent counterfeit stock . There is no real stock attached to the electronic marker.
At some point you will likely sell the electronic markers, which at that point the electronic markets becomes counterfeit shares of stock.
And why not? You have no idea your holding counterfeit stock.
When the counterfeit stock is sold it goes back into the market for others to buy and sell. At this point the counterfeit stock and the real stock get mixed together and are indistinguishable from one another. Since the counterfeit shares get added in with the real shares the total number of shares of that stock increase with every counterfeit share created.
If the broker repeats this process over and over again with their other clients, it’s easy to see how millions if not billions of extra counterfeit shares can get mixed in with real shares and a company’s share structure can balloon out of control.
Now the company’s whose stock is being counterfeited as well as the company’s shareholder base has no idea this is occurring.
They have no idea that their stock is being diluted to hell and that is the reason the stock price is dropping like a rock. They only know for some unexplained reason the stock price is dropping fast.
Who are the brokers involved in Naked Short Selling? There is the Loop Hole in the system at the DTCC, which is called the Stock Borrow Program, which lets all trades go thru the system at the DTCC regardless to wether or not the brokerage houses and hedge funds find and deliver the actual shares. This flaw is then massively manipulated by these criminals that have flooded the system with Counterfeit / Phantom Shares. Reports have been announced that $30 Trillion dollars a month flows through the DTCC with at least $6 Billion dollars a day of counterfeiting shares and it continues to grow as the counterfeit / Phantoms shares are multiplying since the hole in the system allows all the trades to go through electronically, even though these criminals Fail to Deliver ( FTD’s ) the actual shares. This crack in the system at the DTCC could once again destroy the American Financial System if not corrected soon.
Overstock.com is another company battling Naked Shorting, in their lawsuit awaiting trial ( December 5th, 2011 ) they charge the following large Wall Street Broker Institutions with Naked Shorting. Hopefully this will be the Casey Anthony Trial of the Century in the Business World. It will be the biggest story ever told, now lets see if the business world will cover the trial like they did the OJ Simpson and the Casey Anthony trials 24/7.
The firms are:
Goldman Sachs, Morgan Stanley, Bear Stearns, Bank of America, Bank of New York, Citigroup, Credit Suisse, Deutsche Bank, Merrill Lynch and UBS.
Many other companies have made similar accusations against these same large Wall Street Financial Institutions for Naked Shorting.
To date, no criminal charges have been brought against these firms by the SEC. The SEC refuses to investigate the large Wall Street Financial Banks/Brokers for Naked Shorting. Goldman Sachs was fined on May 4th, 2010 for counterfeiting / Phantom shares on 385 separate transactions during a two month period of ( Dec 2008 & Jan 2009 ) Just as Bernie Madoff was all over the news for his so called Ponzi Scheme, more like ( NSS ). So Goldman Sachs is fined for their Fails To Deliver ( FTD’s ) on May 4th, 2010, the same day they find a car bomb in New York City, yes you guessed it, this story of Goldman Sachs counterfeiting shares should have been all over the TV news, but not once was it covered. Well, we all know what happen two days later on May 6th, 2010, the FLASH CRASH, and to this day, some 14 months later, we still have no answers to what caused the Flash Crash of May 6th, 2010. Were these Wall Street criminals sending a message to back off or this is what we will do to your markets as we all witnessed the stock market go from 300 points down around 2:30pm in the afternoon to almost 1,000 points in less than 3 minutes. Did they send the message to stop looking into the rampart Naked Short Selling that had flooded the stock market with counterfeit shares allowed by the DTCC and the Stock Borrow Program, the whole in the system, that has been manipulated by these criminals.
The SEC ignored decades of evidence surrounding Bernard Madoff and his 50 billion dollar ponzi scheme. Likewise, the SEC has ignored a decade worth of evidence surrounding the over trillion-dollar Naked Shorting scheme. The SEC has ignored tens of thousands of letters from the American Public, letters from the Chamber of Commerce, letters from the Small Business Association over the years demanding they clean up Naked Shorting. There is also the Largest Lawsuit in World History in regards to Naked Short Selling now in Central District of California – United States District Court. It is a case with Allegations of a Government Sting Operation in regards to Naked Short Selling of a company called CMKM Diamonds with the trading symbol CMKX. The case # CV-01-03894-RSWL The case is 7 plaintiffs of CMKM Diamonds ( CMKX ) represented by Al Clifton Hodges vs the SEC Commissioners ( former and current ) that allowed the Counterfeiting of CMKX shares. There are some pretty amazing Allegations by Lawyer Al Clifton Hodges and how the Largest Lawsuit in World History is not all over the news is beyond me. Why is the Government and also the NEWS Media ignoring this Lawsuit.
Apparently it seems inconsequential to the SEC that trillions of dollars of wealth has been stolen away from the American Public by the likes of: Goldman Sachs, Morgan Stanley, Bear Stearns, Bank of America, Bank of New York, Citigroup, Credit Suisse, Deutsche Bank, Merrill Lynch and UBS (as indicated by the Overstock.com lawsuit)
How is this possible when even former SEC Chairmen Cox after several years of denial, finally admitted that Naked Shorting is a big problem? The SEC admitted that Naked Shorting is a market wide problem, as Christopher Cox stated in March of 2008 when Bears went down and then the Government protected the top 19 banks from naked short selling. Then when Lehman brothers went down because of Naked Short Selling, the Government again stepped in to protect 799 financial stocks from Naked Short Selling. What about all the other companies that were being naked shorted like Sirius XM Radio and the thousands of other stocks left unprotected from these corrupt hedge funds and brokerage houses. BCIT is living proof there is Naked Shorting, yet nobody is ever found guilty of doing it. Then they arrest Bernie Madoff in December 2008 just a few months after the financial meltdown on Sept 15th, 2008. What a con job that was, blame it on Bernie Madoff.
The BCIT Story
The SEC and the DTCC continue to downplay Naked Shorting to the public but then how do they explain BCIT. The truth is they can’t and that is why they are desperately trying to kill BCIT by preventing them from trading again.
If BCIT were to trade again, this would expose to the world that the brokers counterfeited 350 million shares of BCIT stock. More importantly it would expose the roles the SEC and the DTCC played in covering up this counterfeiting crime. The evidence shows that for five years they knew all about the counterfeiting of BCIT shares by the brokers. BCIT has detailed the counterfeiting of shares in their company’s filings for years and yet the SEC still does nothing.
Even today, in the year 2011, with all the promise of changes and cleanups they are still doing everything in their powers to hide the evidence that 350 million shares of BCIT stock was counterfeited at the expense of 1500 damaged shareholders.
The brokers started Naked Shorting BCIT in the summer of 2005. BCIT however, is fighting back, thanks to a heroic CEO named Thomas Megas and a relentless shareholder group.
Thomas Megas above all else is a man of honor and values. A man that has spent nearly a million dollars of his own money fighting for his company’s survival and fighting for the rights of his damaged shareholders.
Flanked at Mr. Megas side is the BCIT shareholders.
The shareholders will never stop fighting for what is right. They will never give up trying to get back their stolen money. Another Group of shareholders seeking answers are the CMKX shareholders.
They will never stop trying to expose the SEC and DTCC, for their roles in covering up the broker’s crimes.
The BCIT evidence that the Bankers/Broker, DTCC, and SEC want to keep secret.
A brief history of BCIT events:
Ø In the spring of 2005 there was 4,750,000 shares of BCIT stock.
Ø The company share price dropped more then 90% in the spring of 2005.
Ø In the summer of 2005 the CEO, Thomas Megas alerted the SEC and the DTCC that there seemed to be a problem with the trading of his company stock. There were way to many shares being traded on a daily bases. Considering the stock only has 4,750,000 tradable shares in the market and on some days BCIT traded well over 100,000,000 shares.
Ø In August 2005 the company issued a press release reaffirming that they only issued 4,750,000 tradable shares and there was definite manipulation going on with the stock. The press release was a cry for help by the company to the regulators, hoping that this would force them to wake up and investigate the company’s price drop and the never-ending supply of shares being traded.
Ø The regulators reaction to BCIT press release had the opposite effect. Instead of the regulator going after the brokers, for counterfeiting millions of shares, they did the complete opposite and went after BCIT.
Ø The DTCC placed a global freeze on BCIT starting in August 2005. The global freeze still remains today, three long years later.
Ø A global freeze is a suspension of DTCC services, without DTCC services the brokers won’t trade the stock.
Ø A global freeze is only supposed to be a temporary event. Any share imbalance should be immediately investigated and rectified by the DTCC. That is what is supposed to happen, unfortunately for BCIT and BCIT shareholders the DTCC seems to be able to break their own rules to serve their own agenda.
Ø In the BCIT case the DTCC is using the global freeze as a means to keep BCIT from trading.
Why would the DTCC not want BCIT to trade?
Ø Thomas Megas the CEO proved through his own investigation, that at a minimum there are 350 million counterfeit shares in BCIT.
Ø The only way that many counterfeit shares are sold to the public is if the DTCC is woefully negligent or part of the fraud.
Ø If the DTCC were to follow the laws in place they would have to rectify the share imbalance in BCIT prior to or immediately at the start of BCIT trading by following these rules:
1.) The DTCC would have to admit to the public that under their watch the brokers counterfeited a minimum 350 million shares of BCIT stock.
2.) The brokers would then be forced to return the millions of dollars they stole from the BCIT shareholders.
3.) The public might finally realize that the counterfeiting that took place with BCIT is not an isolated incident but actually a common occurrence that has happened to over a thousands other companies.
All the things BCIT has done to try to get the global freeze lifted.
Ø It doesn’t seem to matter to the DTCC and the SEC that over the last five years, BCIT has filed 35 separate filings with the SEC, filed 16 filings with the Nevada Secretary of State, 2 separate protracted lawsuits in Oklahoma, 1 lawsuit in Arizona, purchased two new CUSIP numbers, and filed form 15c211 all in an effort to lift the global freeze.
Ø BCIT has satisfied every regulatory requirement with the Nevada Secretary of State, the SEC, and the Financial Industry Regulatory Authority (FINRA), but BCIT is still blocked from trading similar to that of CMKX.
Ø Everything that BCIT has done is twice the amount of filings and requirements that any other company has been asked to do to maintain their trading status, yet the DTCC still keeps BCIT under a global freeze.
Exposing the DTCC
Ø The DTCC is not a federal agency but a multi billion dollar private corporation, which somehow been given the power to oversee the clearing and settlement of virtually all equity trades in the United States.
Ø Most private companies have a Board of Directors in which the company’s executives answer to. The private DTCC is no different, they too have a Board of Directors in which their company executives answer to.
Ø The big problem with the DTCC is who is allowed to sit on the DTCC Board of Directors.
Ø How is the DTCC supposed to objectively oversee broker trading when many of the DTCC Board of Directors members work for the same large Wall Street Brokers they are set up to oversee?
Ø The conflict of interest inside the DTCC is truly alarming.
Ø As mentioned above, the Institutions involved in Naked Shorting as outlined in the Overstock.com lawsuit are: Goldman Sachs, Morgan Stanley, Bear Stearns, Bank of America, Bank of New York, Citigroup, Credit Suisse, Deutsche Bank, Merrill Lynch and UBS.
Ø Now look who sits on the DTCC Board of Directors:
o Mark Alexander
Managing Director – Global Markets, Merrill Lynch
o Art Certosimo
Executive Vice President, Bank of New York
o Randolph L. Cowen
Chief Information Officer, Goldman Sachs
o Neeraj Sahai
Senior Managing Director, Citi Markets & Banking
o Michele Trogni
Global Head of Operations, UBS AG
Ø It should now make perfect sense to anyone with half a brain, who the DTCC is protecting and why they are hell bent on preventing BCIT from trading. CMKX Shareholders having been waiting years to trade again also and it has been rumored that there were 2.25 Trillion phantom shares of CMKX, the largest in Wall Street History.
How many counterfeit shares are there in BCIT?
Ø We know it’s well over 350 million. The only reason we know this is because of BCIT own investigation. The SEC did nothing for BCIT when it came to Naked Shorting, they refused to investigate the counterfeiting of shares in BCIT.
Ø In the spring of 2008, BCIT management issued a proxy vote. A proxy vote is where all the shareholders are allowed to vote on upcoming company actions.
Ø In a proxy vote each known share is counted and weighted equally. So if company X issued 1000 shares total, and all the shareholders voted, the total vote count should equal 1000 shares.
Ø Now if a company stock contained Naked Shorted shares, the evidence would be seen in the vote count. All votes exceeding the 1000 number would indicate the number of shares that were counterfeited and mixed in with the real stock.
Ø With a typical proxy vote its up to the brokers to send out the voting material to their clients. The broker must send out the material well enough in advance to insure their clients have plenty of time to review the voting material and then have enough time to cast their vote prior to the voting cut off date.
Ø With BCIT proxy voting, almost 50% of the shareholder did not receive their proxy material in time to vote. It seemed that many brokers conveniently did not send it out in time.
Ø Still with little more then 50% of the BCIT shareholders participating in the proxy vote, the amount of votes above the amount of shares BCIT issued, was roughly 350 million votes. Which indicated at a minimum 350 million counterfeit shares in BCIT and this is with just slightly more the 50% of the shareholder base voting.
Ø Imagine if all the shareholders were allowed to vote the real amount of counterfeit shares is likely closer to 600-700 million shares.
Ø Regardless, even with a known 350 million counterfeit shares and taking a conservative price of 15 cents a share (the last trading price of BCIT), the amount of money stolen by the brokers is 52.5 million dollars (15 cents * 350 million). Again, this is with a conservative 15 cent stock price. BCIT most likely would be trading at several dollars if it weren’t for all the counterfeit shares diluting the share price down to 15 cents.
Blackmail
Ø In an October 2008 meeting between BCIT and the DTCC, the DTCC finally gave BCIT an ultimatum after years of giving BCIT management false promises about lifting the Global Trading Freeze.
Ø BCIT management was told if they ever wanted the Global Trading Freeze lifted they first had to issue enough new shares to cover all the existing Naked Shorted shares the brokers created out of thin air.
Ø Issuing new company shares would essentially allow the brokers to cover up all of BCIT shares they counterfeited.
Ø This would also allow the brokers to keep all of the money they stolen from the BCIT shareholders without penalty. Furthermore, all the extra shares would severely dilute the share structure and cause even further damage to the stock price. This is nothing more then BLACKMAIL by the DTCC. There are no other words to describe it.
Ø How the SEC and Congress continue to allow the DTCC to blackmail BCIT is beyond comprehension.
Ø Anthony Carlisle, Isaac Montal, Larry Thompson are three officials at the DTCC who are directly involved with the BCIT case. How they can allow the brokers to sell 350 million counterfeit air shares to innocent BCIT shareholders and then later block BCIT from trading which further injures the BCIT shareholders is beyond comprehension.
Ø I just hope that their families and friends get sent this email, so one day they will understand what these men have done to the BCIT shareholders.
The suffering BCIT shareholders
BCIT shareholders have had well over 50 million dollars stolen from them and unless, BCIT trades again, that money will be forever lost, and the brokers will forever keep that money.
The majority of BCIT shareholders are not wealthy. On the contrary we are struggling everyday middle of the road Americans who made an investment. An investment taken away from us, not because of any fault of our own, or any fault of the company we invested in, but because of a corrupt Wall Street System. So corrupt that blatant robbery of its citizens falls on deaf ears. It is the Whole in the System within the DTCC called the Stock Borrow Program that allowed the counterfeiting of these phantom shares to grow and grow out of control all throughout the DTCC system with the FAILS TO DELIVER ( FTD’s ) by the big brokerage houses and the ever growing hedge funds that exploited the hole in the system.
We never envisioned that any of this could ever be remotely possible in a great country like America. Sadly, for our sake and our families’ sake we were terribly wrong.
Like many Americans, many BCIT investors are now facing tough times with the current economy:
Ø Some have lost their jobs and need their BCIT money just to keep them from losing their homes.
Ø Some were planning on using their BCIT money to pay for their kid’s college education.
Ø Some need the money to pay their medical bills.
The BCIT shareholders desperately need BCIT to trade again; they need to get their money back now.
They have waited five long years for justice; they should not have to wait one minute longer. What are all the politicians and regulators doing while this injustice is blatantly happening to the BCIT shareholders? Are there no good guys left in Washington to stop this EVIL.
How is all of this possible?
How is it that the financial elite, the likes of Goldman Sachs, Citigroup, Morgan Stanley and others were allowed to destroy the greatest economy the world has ever known by making bad bets they couldn’t cover and by rigging the market by counterfeiting stocks securities?
How is it the banking leaders single handily brought the American Economy to her knees and yet we are the ones forced to pay for their mistakes in taxpayer bailouts?
How is it possible that those receiving bailout money refuse to tell the American Public what they are spending the bailout money on and our leaders go along with this?
How is it possible that not one high ranking bank executive is being investigated for Naked Shorting crimes?
How is it that the SEC is still allowed to operate under its current structure and leadership still allowed to operate?
How is it possible that the DTCC, whose job is to oversee broker trading, seats those same brokers on its Board of Directors?
How is it possible that Congress ignored thousands of letters from damaged shareholders victimized by Naked Shorting?
How is it possible that an innocent company like BCIT gets sold over 350 million counterfeit shares, its 1500 shareholders robbed of over 50 million dollars, and yet the market regulators instead of trying to help these shareholders attempt to destroy the company by blocking it from trading for more then five years when they have done nothing wrong?
How is it possible that shareholders of another company called CMKX have not received any closure from the SEC after several years of investigation into CMKX? The CMKX shareholders are victims of the biggest fraud in the history of the stock market. A staggering 635 billion CMKX shares were illegally issued, which is twice the amount of shares the DOW trades in a year. Yet it is still unclear several years later if the 635 billion shares were due to insiders illegally dumping these shares or due to the brokers illegally counterfeiting these shares. CMKX lawyer Bill Frizzell stated in a public email years ago that he believed there were well over a whopping 2 trillion Naked Shorted shares in CMKX. Either way, incredibly after several years, nobody has received any jail time for this monumental fraud that took place in CMKX. If it was the company insiders illegally dumping shares then why hasn’t CEO Urban Casavant and one time prominent company official and ex SEC lawyer Rodger Glenn been charged with fraud? Likewise, if it was due to Naked Shorting then why hasn’t one brokers been charged with any counterfeiting crimes? How is it possible that 40,000 CMKX shareholders have been damaged yet once again nobody seems guilty?
How is all this corruption by the large Wall Street Banks/Brokers possible? The answer is a simple one. The large Wall Street Banks/Brokers control the American Economy and therefore can do what ever they want to whom ever they want. It appears they also control the news media. How on earth is this not all over TV. The CMKX story makes the Bernie Madoff ponzi scheme look like a grocery store robbery.
It is the large Wall Street Banks/Brokers that influence all the major economic decisions behind the scenes. That is why the Credit Crisis happened. That is why the banks continue to receive unlimited bailout money from the taxpayers month after month with no questions asked. That is why Naked Shorting was allowed to happen and is currently being covered up by the Government, the SEC and the News Media. Is there a Government Gag order on Naked Short Selling? It will be the biggest story ever told in World history if the truth finally comes out and hopefully Patrick Byrne and the Deep Capture writer Mark Mitchell will finally expose the Wall Street Counterfeiting story of all stocks, not just companies like Siri, BCIT and CMKX.
Unless the banks power and influence over the economy is reduced the American People will continue to suffer. Over the next few years you will hear from many politicians claiming great changes are being made, but in reality these changes will be nothing more than window dressing.
Our economic foundation is flawed because too much power has been given to the banks and it is dooming the American Economy.
We are no longer America for the people by the people we are America for the banks by the banks. The large Wall Street Financial Banks/Brokers have too much power over the SEC, the DTCC, Congress and even the US Treasury. However, it’s the Federal Reserve (FED) that gives the large Wall Street Banks/Brokers their enormous power.
The Federal Reserve
The FED is the ultimate puppet master. The FED has more power then the President, Congress, and even the Treasury when it comes to the economy. The FED controls the nations money supply, which gives them tremendous power. It also gives them the power to make the rules or break the rules
In 1790 Mayer Amschel Rothschild, perfectly summarized the type of power the FED has when he said, “Let me issue and control a nation’s money and I care not who writes the laws.”
The problem with all of this is that the FED is owned and controlled, not by the United States Government like many Americans incorrectly assume, but rather by the large Wall Street Banks/Brokers. This makes the large banks the true kings of the economy. The same holds true for the DTCC.
The FED was created in 1913 by the large influential bankers of the time. The bankers created the FED with one purpose in mind. The bankers wanted to create a system where the large Wall Street Financial Banks reaped all the benefits in good times, by controlling and manipulating the money supply, and took on none of the risks in bad times.
They created a system where the American Taxpayers would be the backstop to the large banks in tough times. The only problem was they needed a new way to tax the American People. Hence, not coincidently the Federal Income Tax law was also created in 1913.
Now we are seeing all of this play out in our time.
The question now becomes how far will the FED go with the bailouts? If the predictions made here are correct, will the FED give the banks up to 50 trillion dollars in bailout money for all of their gambling debts, even if it means the American Public will suffer severely for it.
The answer is a resounding yes! As mentioned the main reasons the bankers created the FED was for this exact type of scenario playing out now.
The Federal Reserve is a private central bank that is owned and controlled by it shareholders. The FED allegiances are with its shareholders and not the Government nor the American People. The shareholders of the FED are several of the large Wall Street Financial Banks/Brokers.
Now you know why the large Wall Street Banks are getting unlimited bailouts and why crimes they commit are not being investigated. There is zero transparency on what assets the FED is buying from the banks. There is zero transparency on what the banks are using their bailout money on. Why the FED’s books has never been audited since its creation, a span of 96 years. We did just break ground with a Matt Tiabbi story about the books being opened, but only during the financial meltdown and what was reporting in the Rolling Stone article and who got money including John Mack’s wife ( 200 million ) was pretty shocking. Where are the news media stories about all of this?
Our forefathers warned about the evils of having a private central bank and fought against it up until 1913 when the bankers successfully won out and created the Federal Reserve.
Thomas Jefferson has this to say about a private central bank controlling the money supply (in a letter to the Secretary of the Treasury Albert Gallatin): “I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
President Abraham Lincoln also warned about the dangers of private central banks: “The money power preys upon the nation in time of peace and conspires against it in times of adversity. It is more despotic than monarchy, more insolent than autocracy, more selfish than bureaucracy. I see in the near future a crisis approaching that unnerves me, and causes me to tremble for the safety of our country. Corporations have been enthroned, an era of corruption will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people, until the wealth is aggregated in a few hands, and the republic is destroyed.”
Both Jefferson and Lincoln were prophetic. They predicted what we are witnessing now and what would happen eventually over time if the private banks controlled our Country’s money supply.
Fixing the Economic Mess and Turning America Around
There is still hope but we need to act fast and make the appropriate changes. If we do nothing Thomas Jefferson’s and Abraham Lincoln’s dire warnings will become reality. We will have no explanation for our kids why, on our watch, we allowed the greatest economic power the world has ever known, to be decimated because we stood by and did nothing.
” The only thing necessary for the triumph of evil is for good men to do nothing ” Edmund Burke
It is so vital that we, the American People, as a nation stand together. That we no longer put up with the corruption, favoritism, greed, zero accountability, zero transparency, and bottomless bailouts of the banks.
We cannot rely on the Congress, Treasury, FED, the SEC, the DTCC or anyone else to save this country. All of these Institutions have already failed us. We would not be in this predicament if these Institutions were fighting for our rights instead of being in the hip pockets of the large Wall Street banks all these years.
We must take the responsibility ourselves. We are living in extraordinary times that require extraordinary actions by everyone. The future of America and our children’s future depend on our current action or inactions.
Six Changes We Must Demand Our Leaders Make
There are a minimum of six things we must demand that our leaders do. If they are unwilling to make these changes then we need to elect new leaders that will make these changes.
1.) Eliminate the control the large Wall Street Banks/Brokers have over the Federal Reserve and place the control back in the hands of the federal government like the forefathers intended.
2.) Stop the unlimited bank bailouts before it bankrupts America. We already gave them 8 trillion we cannot afford to give them anymore.
3.) Set up a Market Wide Clean Up Committee much like the 9/11 Committee. Give them free reign to investigate anyone they suspect of fraud, especially government employees, SEC regulators, DTCC officials, and bank/broker CEOs. Make investigating Naked Shorting the number one priority, starting with BCIT and CMKX. Anyone involved in Naked Shorting or involved in covering up Naked Shorting must receive harsh jail time.
4.) Eliminate the current SEC, which has proven time and time again to be nothing more then a complete disaster. Create a new SEC under the umbrella of the Department of Justice. Make the new SEC three times larger then the current SEC, so they have the manpower to properly police Wall Street. Fire most of the current SEC lawyers and replace them with criminal investigators who will not be afraid to go after the corruption within Wall Street.
5.) Eliminate the DTCC’s private structure and make them a Federal Institution. This would remove the conflict of interest currently within the DTCC. Remove the Stock Borrow Program that allows the Phantom Shares.
6.) Make the SEC enforce the “Force Buy In” law. Right now there are hundreds if not thousands of damaged companies, whose stock prices are trading at a fraction of what they should be because their share structures have been altered thanks to the creation of counterfeit shares. The Naked Shorters have created million and billions of counterfeit shares in these companies, which are now intermixed with the real shares.
Somehow all these counterfeit shares must be removed so these company’s share structures can return to normal. Enforcing the “Force Buy In” law will get rid of the counterfeit shares that are plaguing these companies. The stock prices of these companies will significantly rise once the counterfeit shares are removed. The cumulative effect of all these companies’ stock prices rising should cause a stock market correction that will hopefully give the economy a needed boost.
The only thing preventing this is the SEC, which has refused to enforce this law, thereby protecting the brokers who would otherwise be forced to buy back all the counterfeit shares they created.
Conclusion
After reading this report I hope everyone now has a better understanding of the severe problems facing the American Economy.
I also hope everyone now realizes who were and continue to be the major villains involved in causing all the problems within the economy.
Finally, and most importantly, I hope everyone has a better idea of what changes need to be made to fix these problems. These problems must be solved so our children will grow up in the same America we grew up in.
It is so important that we pressure our leaders. Only through public pressure will we force our leaders to make the necessary changes that will turn America around.
You know America is severely screwed up when the brokers are allowed to counterfeit well over 350 million BCIT shares, the DTCC is allowed to abuse its power by preventing the stock from trading for well over five years, and the SEC and Congress refuse to intervene to help the shareholders. This is why it is so important that we let our leaders know that we are fed up and no longer will put up with such corruption!
Please help us fight the corruption by just forwarding this story on to your family and friends and ask them to spend 20 minutes out of their day so they too can read this report.
For those wanting to help out even more I encourage you to send this report, along with your own personnel comments regarding the state of affairs America finds herself in, send to the media, to the President, your Attorney General, the SEC, the DTCC and any other appropriate public figures.
GOD BLESS YOU, YOUR FAMILY AND AMERICA IN THESE TOUGH TIMES!
Sincerely,
Shareholders of All Stocks
It is time to take action. Send all over the internet, twitter, facebook, blogs and email to all
Its time for good men and woman to fight back against the Evil of Wall Street
Florida OFR presentation dated April 22nd, 2011 COALITION COMPLAINT AGAINST THE FBI/SEC/DOJ
This complaint is for all shareholders and covers all views, it has been passed by many shareholders before going in and all have agreed to file it for themslves with the Las Vegas FBI and other authorities as a show of unity. Enough is enough, it is time to demand the authorities get investigated for their role in this fraud and its cover up, or just pay us!
July 17, 2011
Assistant Special Agent in Charge – William C. Woerner
1787 West Lake Mead Boulevard
Las Vegas, NV 89106-2135
Phone: (702) 385-1281
Fax: (702) 584-5460
E-mail: Lasvegas@ic.fbi.gov
Dear Sir,
My name is Dave Nelson and I represent the CMKX Shareholders for Justice, a group of shareholders who demand an independent investigation into the many Authorities involved in the CMKM Diamonds Inc (CMKX) fraud case. We have entered evidence which clearly shows that the SEC and other authorities aided and abetted corrupt insiders of CMKX currently indicted by the DOJ and covered up the fraud committed by countless Wall Street firms, and/or this was a DOJ sting operation, in which case the Authorities are illegally withholding the victims’ restitution collected in that operation so perpetrators could avoid criminal prosecution. In either case the facts call for an independent investigation into the Authorities role in this fraud and its cover up, a fraud which has directly cost the shareholder of CMKX hundreds of millions of dollars. Authorities involved include: the SEC/DOJ/FBI/IRS/RCMP. We demand accountability!
We have shown that fraud and manipulation is the modus operandi of the SEC in particular and other Authorities hereby mentioned in evidence submitted to the Las Vegas FBI and many other regulatory agencies. A brief history of corruption of the aforementioned authorities in the form of a pdf file was delivered to Jerald Burkin of the FBI and to various Authorities in Canada who have taken no action. This evidence outlines the timeline of the largest fraud in history, the counterfeiting of the stock market, which occurred prior to 1996 when FBI Special Agent Robert Wright launched Operation Vulgar Betrayal, through Operation Uptick in 1999-2000, and continues unabated to the present. Former Special Agent Wright said, in essence, that the U.S. Department of Justice had been captured by Al Qaeda’s most important financiers, and given the crimes he talked about continue until today it is clear the agencies involved are still captured. The proceeds of these crimes went to organized crime families, to terrorists, and the major Wall Street brokers who aided them. This evidence was entered to Burkin in early 2009, along with the evidence in the CMKX case in particular which followed the same pattern of the SEC aiding massive counterfeiting:
http://cmkx.info/CMKM-BRIEF-HISTORY-OF-SEC-CORRUPTION-2010-06-08.pdf
Additional evidence implicating the Authorities in directly aiding the corrupt insiders of CMKX and others who defrauded shareholders is included in a letter by Mark Faulk, CEO of CMKX. He outlines the fraud that was allowed to occur by the SEC and other Authorities; all of whom stood by silently as the fraud happened after they had subpoenaed the records that were used in the indictments:
http://www.cmkmdiamondsinc.com/letter-m_index.html.
In the CMKM Diamonds Inc. case, specific evidence was given to Mr. Burkin which clearly showed the SEC, FBI, DOJ, and IRS were complicit in the crimes which took place and the cover up of the fraud by all of the Wall Street firms involved, a mirror image of Operation Uptick and Operation Vulgar Betrayal. Here is a list of the crimes alleged to have been committed by the SEC, FBI, DOJ, and IRS, further known as The Authorities in the CMKM Diamonds Inc. case. This list either shows the Authorities allowed this crime to take place and aided and abetted the fraud committed against CMKX shareholders, or they allowed this fraud to take place to run a sting operation as outlined in Al Hodges bivens case and have harmed all victims by withholding illegally their restitution for over five years. There clearly there needs to be an independent investigation into these points:
1. The Authorities investigation (into CMKX) was well under way by May 2004, before hundreds of billions of shares were sold to investors in a publicly traded company and the money laundered. Corporate insiders were aided and abetted in their crimes by high-powered attorneys, accountants, transfer agents, major banking institutions, brokerage houses, and clearing firms. It occurred right under the noses of the SEC and NASD (now FINRA); both agencies ignoring dozens of blatant warning signs, allowing the scam to go on for years. The Coalition asks for an investigation into why the Authorities just allowed these crimes to happen and the money laundered over years when it was their duty to stop these crimes when they detected them in 2004, costing the company and its shareholders hundreds of millions of dollars.
2. The Coalition alleges and has provided evidence that Leslie Hakala conspired with ex-SEC attorney D. Roger Glenn (who wrote opinion letters allowing over 300 billion shares of stock to be dumped into the market) to facilitate the sale of hundreds of billions of shares of CMKX stock, all proceeds from those sales were apparently stolen right under the nose of The Authorities while they watched. D. Roger Glenn escape and indictment by the DOJ for his role in this fraud. PR person for CMKX, Andrew Hill, has publicly stated Leslie Hakala was fully aware of what was happening inside CMKX and had been in contact with D. Roger Glenn in 2004. Furthermore, the FBI never questioned Andrew Hill, even though he had pertinent, incriminating first-hand information in this case. The Coalition asks for Andrew Hill to be deposed and Leslie Hakala and other SEC enforcement attorneys investigated for their role in this fraud and its cover up.
3. When Leslie Hakala met with CMKX management and shareholders lawyer Bill Frizzell on May 11th 2005, she was fully aware of the fraud inside CMKX at this time. Bill Frizzell presented her with indisputable evidence of massive counterfeiting of CMKX stock, a fact that later proved to be true as 622 billion unregistered shares were sold in CMKX stock out of 703 issued and outstanding shares in total. Mr. Frizzell had direct evidence of hundreds of billions of unregistered share sales by brokers such as Etrade, Ameritrade, TD Waterhouse, and others. None of those brokers were ever indicted and no civil action has ever taken place despite the indisputable evidence of their crimes. Not only did Leslie Hakala not stop these crimes from happening, and saving shareholders hundreds of millions of dollars, but she allowed the fraud to continue. These corrupt brokers were allowed to sell hundreds of billions of additional counterfeit shares, steal the illegal proceeds, and then have their crimes completely covered up. Hakala allowed corrupt management to launder their proceeds from their crimes for years. The Coalition asks for an immediate investigation into the evidence presented at that meeting and to the SEC actions and inactions after that meeting.
4. Co-conspirators John Edward Dohnau, Michael Williams, and Rendal Williams, plus a cast of numerous other associates have not been charged for their part in this massive fraud. Why?
5. The phone records from NevWest, which show that they contacted the SEC each time Edwards came in with CMKX certs to sell, many of which were clearly forged and fraudulent, some even “signed” by an individual who had been deceased for months. Instead of taking action to halt the obvious fraud against innocent shareholders, the SEC and NASD (FINRA) ignored the evidence and dozens of other red flags, allowing the scheme to continue unabated, costing unsuspecting buyers of CMKX stock hundreds of millions of dollars. The Coalition wants access to those phone records and an investigation into why the SEC allowed those certs to be sold after they had already subpoenaed the fraud records used in the indictments and SEC civil action.
6. Clearing firm Computer Clearing Services (now owned by Penson Worldwide, Inc.) helped John Edwards trade over 250 billion shares of CMKX stock totaling over $53 million. Clearing firms and brokers weren’t the only ones who ignored red flags that should have triggered the filing of Suspicious Activity Reports. Several Nevada banks, most prominently Silver State Bank and Wells Fargo Bank, allowed CMKM Diamonds and related fraudulent companies to run hundreds of millions of dollars through dozens of accounts. Penson is mentioned in the article, which documents the counterfeiting of the stock market by Wall Street, organized crime and terrorists; a crime which all Authorities were fully aware of before the year 2000 and did nothing to stop although trillions of counterfeit shares were sold into the market and trillions of dollars stolen from the general public: http://www.marketrap.com/article/view_ar….shor t-selling. The Coalition asks for an investigation into Penson Worldwide’s history of covering up the crimes of Wall Street, organized crime, and terrorist naked short sales, and those of John Edwards in particular.
7. The Authorities subpoenaed the Silver State Bank regarding suspicious activities on September 5th 2004 (the Silver State Bank had no action taken against it for its role in this fraud) BEFORE hundreds of billions of shares were sold in CMKX stock. The evidence gathered from that subpoena showed 64 million dollars went through the Silver State Bank. Among the transactions executed by Silver State Bank after those subpoenas include:
• Wire transfers totaling hundreds of thousands of dollars were executed with only the notation “transferring to Personal Acct. per cust. Transfer via phone”.
• Checks from various accounts set up as shell companies and controlled by Casavant and Edwards written out only to “CASH”…including one for $350,000.
• Multi-million dollar wire transfers between Edwards and Casavant run through dozens of accounts they controlled there.
• Millions of dollars written out of company accounts to Casavant, his wife Carolyn, and several family members; often on temporary checks.
The Coalition asks for an investigation into why the Silver State Bank continued to allow money laundering into the millions of dollars when the Authorities had already subpoenaed the fraud records used in the indictments and civil actions. We also ask for an investigation into why the DOJ and SEC allowed these crimes to continue unabated when they already had the evidence of the crimes.
8. The Authorities allowed Robert Maheu, Urban Casavant, and other management to continue to promote the sale of CMKX stock through various means, including a drag racing team, after they were fully aware of the fraud inside CMKM Diamonds Inc. Robert Maheu, Roger Glenn and Don Stoecklein were not indicted for his role in this fraud although six hundred billion shares were sold while they ran CMKX. The Coalition wants an investigation into why these individuals were not indicted; why the DOJ and SEC continued to allow them to promote this fraud after they had subpoenaed the fraud records; and why they allowed these masterminds the time to launder their proceeds from their crimes.
9. In letters to other brokers in mid-2005, shareholders lawyer Bill Frizzell not only identified the brokers who sold over 300 billion shares of CMKX stock, but those brokers continued to sell unregistered shares for months while The Authorities watched. The money from the sale of hundreds of billions of shares (approximately 190 million dollars) was stolen by these brokers, with none of those known brokers being indicted, and none of that money recovered. Why were these brokers not indicted, and why were their crimes covered up? Why did the Authorities continue to allow them to sell unregistered securities in CMKX stock when the fraud was clearly detected?
10. In Bill Frizzell’s letter to TD Waterhouse in Canada, he explains that none of the shares sold by them were even on the NOBO list, meaning they were sold unregistered. TD Waterhouse continued to sell unregistered shares of CMKX stock for months, as did all other Canadian brokers. In his letters, Mr. Frizzell also stated that the SEC was watching this very closely. Mr. Frizzell stated in his deposition to the SEC that none of the Canadian brokers had shares on the NOBO list, indicating all shares sold in Canada were sold unregistered. There has been no action against any Canadian brokers from The Authorities and since all illegal shares sold by Canadian brokers were grandfathered, they would not have to cover their fraud. The Coalition asks that there be a public inquiry (by an outside agency) into the grandfathering of trillions of counterfeit shares by Wall Street, organized crime, and by terrorists. The crimes could have been stopped well over a decade ago, but were allowed to happen, and then the fraud covered up. Why?
11. According to Bill Frizzell, Andrew Petillion (Branch Chief of Enforcement at the Pacific Regional Office for the SEC) issued this warning with regards to his evidence of the naked short in CMKX stock:
“By the way, if this is an orchestrated short squeeze against the brokerage houses to make the stock price go up, we will come after those who are responsible. We would not look kindly on a cert pull because it would cause market manipulation.”
The Authorities allowed CMKX stock to be manipulated down, but would not allow the natural correction for this: a short squeeze. This mirrors what the SEC said to David Patch regarding the Grandfather Clause: it was supposed to stop runs in stocks which had been manipulated by Wall Street firms, which in-turn counterfeited trillions of shares of stock in hundreds if not thousands of publicly traded companies. An example of this is Eagle Tech Communications. Authorities knew Eagle Tech was the victim of counterfeiting by Wall Street firms and crime families, but grandfathered those counterfeit shares so they would never have to be covered, while protecting the criminal firms at the same time. The Coalition wants to know why the DOJ and SEC allowed Wall Street firms to create the Grandfather Clause (with the help of the SEC) as this allowed felonies to be covered up; felonies committed by terrorists and organized crime families.
12. The Authorities and alleged corrupt Judge, Brenda Murray (see the modus operandi of Brenda Murray in evidence presented regarding the Gary Aguirre cover up), would not allow evidence of massive naked shorting in CMKX stock in the administrative hearing (October 5, 2005) that eventually ended up in the revocation of CMKX stock. Financial expert Jim DeCosta analyzed the naked short in CMKX stock and found it to be 14-1. No evidence of any other broker’s fraud or the fraud already detected by The Authorities was entered into the hearing, and billions of shares of CMKX stock traded afterwards; all monies stolen from shareholders. The Coalition asks for an investigation into the cover up of the largest naked short in history by Judge Brenda Murray and the SEC enforcement attorneys. The Coalition asks for an investigation into why the Authorities allowed this crime to continue when clearly they were aware of it, and why did they allow all of the money to be stolen from the victims in this case when they could have stopped it in 2004?
13. In Civil Action No. 2:08-cv-0437, 4-7-08, United States District Court for the District of Nevada, Leslie Hakala alleges that “To divert attention from their own dumping of CMK shares, Casavant persuaded CMKM’s investors that the reported high trading volume in CMKM stock reflected extensive “naked short selling” rather than ordinary stock dilution.”
Leslie Hakala was fully aware that there was massive naked shorting in CMKX stock by Wall Street firms (evidence entered to the FBI in this case), and that she concealed the fact that there were other perpetrators besides the insiders of CMKM Diamonds Inc. This is a mirror image of the victims of Operation Uptick. From March 2003 through May 2005 John Edwards sold almost 260 billion shares of the purportedly 622 billion registered/unrestricted CMKM shares. That leaves approximately 362 billion purportedly registered/unrestricted CMKM shares that Leslie Hakala fails to account for in said civil action. The Authorities try and make it look like all shares and money stolen was by the corrupt insiders. The Coalition asks for an investigation into Leslie Hakala’s actions which appear to be nothing short of criminal and follow the modus operandi of covering up the crimes of Wall Street firms.
14. In its Grand Jury Superseding Indictment 2-09-CR-00132-RLH-RJJ, 5-27-09, United States District Court, District of Nevada, the Grand Jury charges that:
“…To create the appearance of an active and established market for CMKM stock, and to disguise the fact that the conspirators were virtually the only sellers of CMKM stock…”
DONALD STOECKLEIN DEPOSITION, 1-24-06
In said deposition, Donald Stoecklein testifies that naked short expert Jim Decosta, with 25 years of experience, told both Bill Frizzell and him that a 14 to 1 short position exists in CMKM stock.
That means that for every one legitimate share that exists, 14 naked short shares exist, which in turn means that numerous naked short sellers exist. In said deposition, Donald Stoecklein testifies that they obtained a NOBO list and the number of CMKM shares on that NOBO list exceeded the number of CMKM shares on the list of 1st Global Stock Transfer, which in turn means that naked short sellers exist. The Coalition demands that Jim DeCosta’s report be made public along with the cert pull deposition which shows the Authorities made false statements in this case to cover up the crimes of many Wall Street brokers by making it look like corrupt insiders were the only sellers of unregistered shares of CMKX stock.
15. On 6-24-09, the Securities and Exchange Commission filed Motion for Summary Judgment Against Defendant John Edwards (#991), Motion for Summary Judgment Against Defendant Daryl Anderson (#102), and Motion for Summary Judgment Against Defendants Kathleen and Anthony Tomasso pursuant to Civil Action No. 08- CV 0437, 4-7-08, United States District Court for the District of Nevada. In said Motion for Summary Judgment, the Securities and Exchange Commission alleges, “CMKM provided investors with phony maps and fabricated videos of alleged mineral claims in North and South America.”
The following was left out of the Administrative hearing. The following are excerpts from Regional Triaxial Aeromagnetic Survey Assessment Work Report by N. Ralph Newson, William Jarvis on the Fort a la Corne Diamond Project:
“Drilling results and additional ground magnetic and gravity surveys have shown the best known kimberlite bodies to be bedded, and to have a very different shape from most known kimberlite bodies. In most of the well-known diamond mines in Africa, for example, and in those in the NWT in Canada, the upper portions of the kimberlite bodies have been eroded, leaving only the feeder pipe, which has a “carrot” shape, getting smaller in diameter with depth. However, in the Fort à la Corne swarm, the tops of the kimberlitic volcanic edifices are COMPLETELY PRESERVED [emphasis added by author], and they are shaped more or less like a soup bowl, with two larger horizontal dimensions, and one smaller vertical dimension. Several of these have an inferred geological resource (based on a few holes and on geophysical modeling) in excess of 100 million tonnes, one has nearly a billion tons, and one group of five which are close together, or perhaps coalescing, contain about 2 billion tons of kimberlite. There are thus HUGE VOLUMES OF KIMBERLINE WITHIN A FEW HUNDRED METRES OF THE SURFACE.” [Emphasis added by author].
The Coalition asks for an independent investigation into all claims held by CMKX past and present, including the warehouse full of core samples currently held in a warehouse in Saskatchewan, not mentioned in the hearing, under the control of Emerson Koch, Urban Casavant’s partner. We ask for an investigation into all land lost during the era where the DOJ and SEC allowed the masterminds in CMKX management to commit fraud against the shareholders or when the DOJ sting operation was on.
16. If this was purely a fraud, then the DOJ/FBI should have already extradited Urban Casavant since the evidence they used against him was from late 2004. It is unacceptable that the Authorities allowed Urban to sell hundreds of billions of shares after they knew he was committing fraud, it is unacceptable the Authorities gave him time to launder that money, and it is unacceptable they have not arrested the largest penny stock swindler ever. He is free to do what he wants and spend the money he stole from shareholders while we lost everything and our company was destroyed. The Coalition demands to know why Urban Casavant has not been arrested for his crimes.
17. The SEC revoked CMKM Diamonds Inc on October 28th 2005, knowing that would prevent the perpetrators from ever having to cover their naked short positions in CMKX stock and in turn ensuring that the shareholders would never recover the damages they suffered. Thousands of victims in other companies of the exact same crime also received no compensation from this massive naked shorting fraud. This tactic was used in concert with the perpetrators who counterfeited the stock market into the trillions to cover-up the fraud and allow the criminals to escape from having to cover their counterfeit shares. The perpetrators in concert with the SEC and DTCC grandfathered trillions of dollars in felony counterfeit stock sales to hide the largest crime in history. The Coalition asks for a full investigation into the Grandfather Clause and the hundreds to thousands of companies who were victims of the illegal clause and in particular all firms who had their shares Grandfathered that sold illegal CMKX stock.
The evidence above is just the tip of the iceberg on the damage caused to the victims in this case by the Authorities. If this was just purely a fraud there is more than enough evidence to call for an independent investigation into the Authorities’ role in this fraud and its cover-up. If this was a sting operation, then there is clear, insurmountable evidence that crimes are still happening, preventing the restitution for all bona fide CMKX shareholders from being released. The Victims have been and continue to be harmed- either way.
Here is evidence entered to SA Burkin, the DOJ Victims’ Rights official in Nevada, and to Gayle Jacobs of the Las Vegas FBI, which indicates the Authorities allowed this fraud to continue as they were using CMKX as a vehicle in a DOJ sting operation run in concert with Robert Maheu. This operation resulted in perpetrators secretly paying into a fund for the victims in this case to avoid criminal prosecution. I asked Debra Waite of the Victims Rights office to investigate the evidence below, and she refused, but referred me to the Las Vegas FBI where I already had asked Jerald Burkin to investigate this evidence and corroborate Al Hodges allegations. This evidence clearly affects the indictments Jerald Burkin is working on in the CMKX case and it is his duty to investigate this evidence. He refused. The Coalition demand that an independent investigation into the Nevada DOJ/FBI’s handling of this case. Also, the shareholders request that an immediate investigation take place into Al Hodges June 17th letter to a representative of China where he claims President Obama is committing extortion which is preventing the release of our restitution and all other allegations put forth by Mr. Hodges. This letter is included in this complaint and on its own merit should be the basis of an immediate criminal investigation.
Below are the second set of questions and requests that the Coalition feels needs to be answered legally by the FBI and SEC.
1. Why is the DOJ/FBI in Nevada refusing to corroborate Al Hodges allegations and investigate his evidence which clearly contradicts the Nevada DOJ and FBI, fully-knowing that pertinent information would affect the indictments in this case? It is the legal duty of the FBI in this case to investigate this information as it comes from a credible source who is directly involved in this matter.
2. Why has the FBI refused to investigate the allegations that extortion is taking place which prevents the release of the restitution illegally held from victims in this case? Why have they not questioned Al Hodges and Michael Cottrell regarding this matter when they can corroborate the allegations put forth? The FBI apparently is doing nothing to stop the crimes currently being committed, further harming the victims in this matter.
3. Mr. Hodges says he has an eye witness to the fact that the restitution should have been released over five years ago. It is the legal duty of the DOJ/FBI to depose Al Hodges’ witness to the facts as it has dramatic impact on their current indictments in this case, if necessary he should be subpoenaed.
4. The DOJ/SEC subpoenaed the fraud records used in the indictments and civil actions in 2004, then allowed the fraud to continue for well over a year. Was the DOJ/SEC allowed to use CMKX and its shareholders as a vehicle in a sting operation and hide that fact from them? I talked to officials at the SEC, but didn’t mention CMKX; those officials said that it is the SEC’s legal duty to stop the fraud when detected, to halt the stock. In CMKX’s case, they not only didn’t stop the fraud they allowed it to continue unabated costing shareholders hundreds of millions of dollars in loses.
5. Was it the legal duty of the DOJ/SEC to include the fraud records they had subpoenaed in the SEC file given to company officials and lawyers in June 2005? Those records ended up being the basis for most of the actions by the DOJ and SEC against Urban Casavant and John Edwards. I personally spoke to John Martin of the Owner’s Group (which hired Bill Frizzell to represent the shareholders) and according to Martin they were fully aware of the Silver State Bank fraud records, as were all shareholders as it was on the internet in Feb. 2005. The fact that the management and shareholders’ lawyer had access to these confidential records and then worked with Urban Casavant proves this was either a sting operation, or they aided this fraud and its cover up. The Coalition demands to know exactly what confidential banking records management and Bill Frizzell were privy to and when to prove if this was a sting operation.
6. Mr. Hodges claims in his bivens case that the DOJ/SEC told CMKX officials that the release of funds was imminent on many occasions, but this was not true. Is it legal to have secret negotiations to take place regarding our restitution, and is it legal for the DOJ/SEC to lie to company officials about the release of their money? Does that not violate the rights of the victims and should the DOJ/FBI be required by law to investigate the facts surrounding these negotiations? Exactly who were these officials?
7. Reece Hamilton, plaintiff in Mr. Hodges bivens case, claimed that Mr. Hodges trustee received the codes from the authorities to release our restitution on or about DEC 30/31 2009, and that the taxes were taken out at that time. This was later confirmed by Mr. Hodges, and the tax issue confirmed in a complaint to AG of New York Andrew Cuomo, which is in the evidence package. Did giving our trustee the codes and having them not work violate our victim’s rights, and should it be the duty of the DOJ/FBI to investigate the officials who gave those codes and why they didn’t work? Who exactly gave the codes to our trustee?
8. Mr. Hodges filed a complaint with the AG of New York stating taxes were taken out of the settlement funds, which has now violated several banking laws, why is there no investigation into these crimes?
9. Mr. Hodges, in an update to his plaintiffs, said that he hears that the DOJ signed off on the distribution of our money, and says that his trustee is in constructive control of that money. He said he has three independent eye witnesses who have seen the packages coming to all shareholders with their restitution in it. It is the legal duty of the DOJ/FBI to investigate these eye witnesses who have seen these packages as they contain the restitution for the victims in this case?
10. Plaintiff Robert Hollenegg contacted the London FBI, and has contacted the Las Vegas FBI to give his statement of the facts as he knows them. He will corroborate public statements he made including the fact he was on the phone with Al Hodges when the funds were transferred to our trustee; funds which have still not been distributed to the victims in this case. Gayle Jacobs of the Las Vegas asked for Mr. Hollenegg’s contact information but did not contact him as of yet. Why has Robert Hollenegg not been interviewed and the facts in question, substantiated?
11. Mr. Hodges claims to have first-hand knowledge that the fund containing the restitution for all CMKX bona fide shareholders was not released BECAUSE it was attached to the World Global Settlements. It is the legal duty of the DOJ/FBI to investigate CMKX being attached to the World Global Settlements and to confirm or deny Al Hodges direct knowledge of this? Mr. Hodges supposedly has direct knowledge that Senators were briefed on the situation and the pending release of the World Global Settlements, which includes the restitution of funds for all bona fide CMKX shareholders. Hodges can corroborate this fact made public by plaintiffs in his bivens case. It is the FBI’s duty to corroborate with Al Hodges the public comments made by the plaintiffs in his case; public comments which were updates directly from Mr. Hodges and entered into the FBI?
12. Mr. Hodges has an eye witness to the deals made by the DOJ and Robert Maheu in Las Vegas; he claims these deals were videotaped. The Coalition wants these tapes made public immediately if our restitution is not released.
13. Work was done to identify the brokers, who counterfeited CMKX stock that includes Jim DeCosta’s report; Susanne Trimbath’s report; and the Cert Pull work product in possession of the SEC; all of which were hidden from the public. Is this not clear evidence of a cover up of the crimes committed by Wall Street brokers? The Coalition wants all those records made public immediately and those experts deposed, or our restitution released. These records will show which brokers stole 190 million dollars from CMKX shareholders, and will allow us to take legal actions against them if Mr. Hodges is lying and there were no deals made in secret by the DOJ and Robert Maheu.
14. The Coalition asks for a complete list of what documents were given to CMKX management in the SEC file, and exactly what confidential banking records CMKX management and Bill Frizzell were privy to and when. This will immediately prove whether this was a sting operation, or whether these individuals aided Urban Casavant to commit fraud.
15. Several letters were written and made public by Al Hodges to different world leaders that allege crimes were or are being committed by high ranking officials in the United States, including the board of the Federal Reserve. These crimes affect the release of our restitution and the Coalition would like an immediate investigation into these allegations. A list of names and contact information from all letters is available to corroborate their authenticity.
16. In file no. S7-19-07, Bud Burrell, consultant in the John O’Quinn multi trillion dollar lawsuit against Wall Street brokers for naked shorting, states the following regarding CMKX: “No fewer than three federal criminal confidential informants were involved in the deal before the stock ever started trading”. The Coalition would like this investigated and Bud Burrell deposed as he has information regarding the sting operation that took place. He can also comment on the size of the overall fraud that was covered up over the past decade and the Authorities role in that cover up.
If the above isn’t proof enough that a thorough immediate investigation be conducted of the DOJ, the SEC and the FBI, then perhaps what is written below will convince you from deepcapture.com. This is one of the Authorities own admitting the truth over a decade ago, the Authorities were and are completely captured. This is evidenced by the fact the crimes talked about below continue unabated to today:
“In 1996, FBI Special Agent Robert Wright launched Operation Vulgar Betrayal, the FBI’s first major effort to crack down on what would later be termed the “SAAR Network” of financial entities with links to Hamas, Al Qaeda, and other jihadi outfits. Among Agent Wright’s principal targets were the billionaire hedge fund manager Yasin al Qadi (who, as I say, was Osama bin Laden’s favorite financier) and his U.S.-based bagman, Yaqub Mirza. But Wright (who referred to Yasin al Qadi as “Al Qaeda’s banker”) was removed from the investigation in 1999. Operation Vulgar Betrayal was shut down in 2000. According to Wright, his team’s efforts were foiled by U.S. politicians and FBI higher-ups who were unnerved by the fact that he was investigating powerful people who had considerable influence in both Washington and Saudi Arabia (ostensibly a key U.S. ally). Former Special Agent Wright said, in essence, that the U.S. Department of Justice had been captured by Al Qaeda’s most important financiers. The capture apparently extends to the SEC, which has shown no signs of investigating the trading of people like the billionaires who comprise Al Qaeda’s Golden Chain and who funded the SAAR Network. (In fact, in the view of Deep Capture, the capture of the SEC by criminal financial operators is essentially total, unlike the DOJ.)
When Agent Wright blew the whistle on the political interference with his FBI investigation, he literally broke down in tears as he publicly apologized for the FBI’s failure to complete its mission.”
In conclusion, the Coalition demands our restitution be released immediately, or a thorough independent investigation into the evidence entered in this complaint. We demand an outside agency investigate on our behalf as we have clearly shown that the Authorities are not capable of being unbiased as Former Special Agent Wright said, in essence, that the U.S. Department of Justice had been captured, he should have included the SEC.
Read more: http://camrhon.proboards.com/index.cgi?action=display&board=safe&thread=6828&page=52#51571#ixzz1SVTi97Zj
Al Hodges written response to CMKM Diamond Shareholders on January 14th, 2011.______________________________________
There is a train for all this and the following is on the train… I have had this confirmed by one of the white knights who has been giving us information… you can believe this or not, it does not matter, but IT IS FACT… and matters not…
THE ENGINE…===THE WHITE KNIGHTS AND CHINESE…
they are pulling the train and the cars are:
WGS..—THE NATIONS
FIRST CAR====Prosperity Programs==Humanitarian Programs
SECOND CAR====THE DINAR===REVALUE AND TURNS ON THE NEW BANKING SYSTEM
THIRD CAR AND CABOOSE====CMKX…
and the white knight said i understand this and those who don’t understand should pay attention to what i am trying to say and help…
LAST IS THE DINAR… that starts the new banking system which turns on everything… and all gets paid at once…
And all those who bought dinars, well they cash out… and thus more money to help out the economies of the world…
If this is not done now, the USA and Europe will collapse with the rest of the world in 4, 5 months the most…make 1929 a picnic…
this is very serious…
pixie gets it… and understands…
2. Tramp understands very well what’s been going on; he is not alone – Pixie gets it, Deltadon gets it, Chucky gets it, etc. etc. etc.
3. I understand that you may not be happy with what’s going on. However, it is a fact and we are only a very small part of the pay-out scheme. We have had a great deal of ‘headwind’ in the past 6 to 9 months. Unfortunately that is putting it altogether too mildly. We have confronted, with added pressure from the “lien-holders” without which we could not have succeeded, the vilest, most contemptible, well financed forces for evil on the planet – we have won! A life changing event it will be for CMKX shareholders; more importantly, the world financial markets will be essentially re-constituted from the currency level up.
4. To put it another way, the World Global Settlements, including the US Dollar Refunding Project, are real. They are the instruments of change. They are part of a world wide re-distribution of wealth which includes some 20 countries revaluation [up and down] of their currency, which will become asset-backed currency. Yes, this does include Iraq which is the cheapest of the lot and therefore had [to prevent unreasonable manipulation] to go first. The very latest information indicates that it has revalued, that it will be posted on Forex sites sometime on Sunday, and will be fully convertible in the US by Tuesday.
5. Although CMKX payments were not originally part of the WGS, they were included by attachment earlier this year. However, be assured that CMKX moneys are not currently part of the WGS; I understand from a number of different sources that Global Intelligence of Las Vegas petitioned the US Supreme Court, in camera, just after Christmas to separate CMKX pay-outs from any association or attachment with the WGS. I understand further that the Court issued an Order for the Trustees to pay-out the moneys within 48 hours, which time expired on or before December 31, 2010. I have received further information that Global Intelligence has not effected said pay-outs, has been fined some $150,000,000 on or about January 4, 2011, and is presently incurring additional fines at the rate of $13,000,000 per week. I have not been successful in any of my attempts to secure explanation from Global Intelligence.
6. Although at first blush this lack of performance may seem potentially criminal in nature, I believe there is a reasonable explanation. I am aware, for example, that many of those I have previously referred to as ‘miscreants’ have in the interim been duly relieved of the money they stole [which has now been recovered by the US], are still feared by the new-financial-order people; the fear is that to the extent they can obtain cash/financing, they would use the IQD revaluation as a means of replenishing their war chests. There are other reasons related to the big picture, which may also play a part in this delay. I know this will come as a shock to some and seems unfair on the surface, but the fact is that we are but a small part of what’s happening [and must happen] to correct the financial imbalance in the world.
7. Several months ago, due to the on-going delays and increased ‘headwind’ the Joint Chiefs of Staff were appointed by the World Court to supervise the conclusion of the WGS; they were given a deadline of December 31, 2010. Based upon this and the progress that was being made in early December, I opined [which has been widely reported] that if I were a betting man CMKX would be paid out by Christmas. Unfortunately, not even the JCS were up to the task. Accordingly, on January 1, 2011 the World Court appointed one of the lien holders, China, to take charge and supervise the conclusion of the WGS payouts. They are currently in charge and proceeding to bring the matter to conclusion. I am currently advised that all will be completed by January 21, 2011.
8. Prior to the recent change of process by the Chinese lien holder it was a requirement, based upon BASEL, that ER be obtained prior to the time that certain other payments could be made. As I have previously stated on many occasions we were waiting for Michael Cottrell and his companies to receive their payments as they were Number 20, the very last payee, on the BASEL list. Because the Chinese lien holder has changed the process, I now understand that Michael Cottrell will be paid on or about January 21, 2011, after all of the Prosperity Program money has been paid out which is estimated to take between 4 – 5 days. This is no way suggests that ER continues to be a requirement of the release of CMKX payments. As set forth above, I have tried desperately to contact Global Intelligence to secure their agreement to authorize immediate release of the CMKX packages, as I believe that the reason for delaying their delivery has now evaporated.
9. I have been told by three separate independent people, each of whom attest that they have personally viewed at least one package, that the CMKX packages contain written information as well as a preliminary payment in the form of a U.S. Treasury Check in the amount of $0.80 per share. The information that has been previously placed on the boards to the effect that the packages were prepared and were ready for distribution is accurate to the best of my information, knowledge and belief. I further understand that the packages remain ready for immediate distribution as soon as Global Intelligence determines, and/or is advised, that such distribution is approved.
10. Some have inquired whether registration with the Transfer Agent makes them a bona fide shareholder; in a word – YES. Some have asked whether I have had response to the letters which I have submitted to the Queen of England and others including POTUS; I have had direct response from the Palace and have seen rapid evidence of the efficacy of the other correspondence that has been submitted. Others have requested information regarding the identity and whereabouts of the CMKX Trustee and/or Trustees. This information can not be made public at the present time for security reasons; I am sure that you will hear more about this in the very near future.
A. Clifton Hodges (CSBN 046803)
HODGES AND ASSOCIATES
4 East Holly Street, Suite 202
Pasadena, CA 91103-3900
Tel: (626) 564-9797
Fax: (626) 564-9111
E-Mail: al@hodgesandassociates.com
Will Wiki Leaks expose Wall Street Counterfeiting of Stocks by the big Banks.
The largest lawsuit in the history of the world worth $3.87 Trillion dollars was in Federal Court on December 6th, 2010 in Santa Ana California. Judge James V. Selna will make his final ruling. The case involves CMKX Diamonds shareholders vs the SEC commissioners past and present and involves Naked Short Selling of Stocks or simply put Wall Street Banks and other criminals were Counterfeiting Stocks. Here is the link to the web site that clearly explains the facts of the case. ( http://www.CMKXsting.com ) More cases will move forward in regards to the Wall Street Counterfeiting including the news that came out December 16th, 2010 in regards to Goldman Sachs and Bank of America connected to Overstock’s lawsuit on Counterfeiting its stock. Could this be what Wiki Leaks is about to expose with these Bankers, Hedge Funds and Big Banks? Julian Assange is now out of jail and about to take aim at the Banks. Will the American people and the world finally learn the real truth about Wall Street Counterfeiting of Stocks that the movie Stock Shock – The Short Selling of the American Dream revealed back in June of 2009, yet the news media has covered up that story on Naked Short Selling. ( Counterfeiting Stocks )
Article by Rueters Dec 16th, 2010 below
* Overstock says RICO charges apply in case
* Original lawsuit from 2007 alleges naked short selling (Adds Goldman, Bank of America comment)
Dec 16 (Reuters) – Overstock.com Inc (OSTK.O) plans to amend a lawsuit it filed in early 2007 to include racketeering claims against Goldman Sachs and Merrill Lynch, the online retailer said on Thursday.
The original lawsuit, filed in the California superior court in San Francisco, alleged that Goldman Sachs Group Inc (GS.N) and Bank of America’s Merrill Lynch unit (BAC.N) engaged in a “massive, illegal stock market manipulation scheme” that involved so-called naked short-selling.
In naked short selling, short sales are executed but never delivered, thereby causing the company’s share price to fall. ”Merrill, Goldman and certain of their market maker clients agreed to and created a scheme to effect the naked short selling in Overstock securities that is the subject of this action, in order to perpetuate short selling and drive down the price of Overstock, to their mutual profit,” alleges the motion, which was filed on Wednesday. A Goldman Sachs spokesman said the bank opposes the motion, but did not elaborate. Bank of America declined comment.
Overstock claims the brokerages’ actions are illegal under New Jersey’s Racketeer Influenced and Corrupt Organizations Act (RICO) and such claims can be decided by non-New Jersey courts. Overstock also said in a filing that it had settled with some unnamed defendants for $4.44 million in the case. (Reporting by Alexandria Sage. Additional reporting by Joe Rauch in Charlotte, N.C. Editing by Robert MacMillan)
So we have the Wiki Leaks that soon will hopefully reveal the real reason for the Financial meltdown on Wall Street in 2008. The Wall Street Banks were Counterfeiting Shares. They were selling and buying shares they never delivered. All hell is going to break out when this Wiki Leaks story finally gets told. The News Media should also be held responsible for covering up the Naked Short Selling scandal. The Counterfeiting of Stocks on Wall Street will be proven to be the main reason for the financial collapse and not the mortgage fraud story that the same news media has been trying to tell the world. The news media executives need to also go to jail for their cover up of this huge Wall Street Counterfeiting story. Thank you CMKM Diamonds, Overstock, Taser, Sandra Mohr, the director of Stock Shock and of course Julian Assange for bringing out the TRUTH, the news media has ignored all this time. Stay tuned for the Wiki Leaks and also investigate these Counterfeiting Lawsuits ( CMKM, Overstock, Taser ) and others as we slowly learn the real truth.
Richard
narrator Stock Shock
www.SiriusNews.com
 Fed Lends $9 Trillion
By Chris Isidore, senior writerDecember 1, 2010: 4:12 PM ET
NEW YORK (CNNMoney.com) — The Federal Reserve made $9 trillion in overnight loans to major banks and Wall Street firms during the financial crisis, according to newly revealed data released Wednesday.
The loans were made through a special loan program set up by the Fed in the wake of the Bear Stearns collapse in March 2008 to keep the nation’s bond markets trading normally.
The amount of cash being pumped out to the financial giants was not previously disclosed. All the loans were backed by collateral and all were paid back with a very low interest rate to the Fed — an annual rate of between 0.5% to 3.5%.
Still, the total amount was a surprise, even to some who had followed the Fed’s rescue efforts closely.
“That’s a real number, even for the Fed,” said FusionIQ’s Barry Ritholtz, author of the book “Bailout Nation.” While the fact that the markets were in trouble was already well known, he said the amount of help they needed is still surprising.
“It makes it very clear this was a very serious, very unusual situation,” he said.
The Wall Street firm that received the most assistance was Merrill Lynch, which received $2.1 trillion, spread across 226 loans. The firm did not survive the crisis as an independent company, and was purchased by Bank of America (BAC, Fortune 500) just as Lehman Brothers was failing.
Citigroup (C, Fortune 500), which ended up with a majority of its shares owned by the Treasury Department due to a separate federal bailout, was No. 2 on the list with 279 loans totaling $2 trillion. Morgan Stanley (MS, Fortune 500) was third with $1.9 trillion coming from 212 loans.
“As we have previously disclosed, Morgan Stanley utilized some of the Federal Reserve’s emergency lending facilities during a time of immense financial turmoil throughout the banking sector and the broader market,” Morgan Stanley said in a statement Wednesday. “The Fed’s actions were timely and critical, and we commend them for providing liquidity and stabilizing the financial system during that period.”
The largest single loan was by Barclays Capital, which borrowed $47.9 billion on Sept. 18, 2008, in the days after the Lehman bankruptcy.
Some Wall Street firms disputed the way the Fed reported the numbers. An executive from one of the firms said that many of the overnight loans were rolled over for days at a time, and that each day it was counted as a new loan. “It’s being double, triple, quadruple counted in some cases,” said the executive.
Can our opinion of banks get any worse?
Not all the major banks needed much help from the Fed. JPMorgan Chase (JPM, Fortune 500) received only three loans from this program for a total of $3 billion.
The last loan was made under the program in May 2009, and the program, known as the primary dealer credit facility, was officially discontinued in February of this year.
The Federal Reserve revealed details of that program as part of a large scale release of data on all the steps it took to stabilize the nation’s financial sector during the markets crisis of the last few years.
The central bank posted details of more than 21,000 transactions with major banks and Wall Street firms between December of 2007 and July of 2010.
In addition to the loan program for bond dealers, the data covered the Fed’s purchases of more $1 trillion in mortgages, and spending to back consumer and small business loans, as well as commercial paper used to keep large corporations running.
The rescues of the investment bank Bear Stearns in March of 2008, and insurance behemoth AIG in September of that year, were also revealed in far greater detail, as were programs to make dollars available to foreign central banks in return for their currency, in order to keep international trade flowing.
The Fed’s full data
Most of the special programs set up by the Fed in response to the crisis of 2008 have since expired, although it still holds close to $2 trillion in assets it purchased during that time.
The Fed said it did not lose money on any of the transactions that have been closed, and that it does not expect to lose money on the assets it still holds.
The details of which banks participated in the Fed’s emergency programs, and how the banks benefited from the transactions, had never before been revealed.
The Fed argued that revealing the information could cause a run on the banks that needed to draw cash at the discount window. But under the financial regulatory reform act that was passed in July, the Fed will reveal future discount window transactions following a two-year lag.
Counterfeiting Stock
Illegal naked shorting and stock manipulation are two of Wall Street’s deep, dark secrets. These practices have been around for decades and have resulted in trillions of dollars being fleeced from the American public by Wall Street. In the process, many emerging companies have been put out of business. This report will explain the magnitude of this problem, how it happens, why it has been covered up and how short sellers attack a company. It will also show how all of the participants; the short hedge funds, the prime brokers and the Depository Trust Clearing Corp. (DTCC) — make unconscionable profits while the fleecing of the small American investor continues unabated.
Why is This Important? This problem affects the investing public. Whether invested directly in the stock market or in mutual funds, IRAs, retirement or pension plans that hold stock — it touches the majority of Americans.
The participants in this fraud, which, when fully exposed, will make Enron look like child’s play, have been very successful in maintaining a veil of secrecy and impenetrability. Congress and the SEC have unknowingly (?) helped keep the closet door closed. The public rarely knows when its pocket is being picked as unexplained drops in stock price get chalked up to “market forces” when they are often market manipulations.
The stocks most frequently targeted are those of emerging companies who went to the stock market to raise start–up capital. Small business brings the vast majority of innovative new ideas and products to market and creates the majority of new jobs in the United States. Over 1000 of these emerging companies have been put into bankruptcy or had their stock driven to pennies by predatory short sellers.
It is important to understand that selling a stock short is not an investment in American enterprise. A short seller makes money when the stock price goes down and that money comes solely from investors who have purchased the company’s stock. A successful short manipulation takes money from investment in American enterprise and diverts it to feed Wall Street’s insatiable greed — the company that was attacked is worse off and the investing public has lost money. Frequently this profit is diverted to off–shore tax havens and no taxes are paid. This national disgrace is a parasite on the greatest capital market in the world.
A Glossary of Illogical Terms — The securities industry has its own jargon, laws and practices that may require explaining. Most of these concepts are the creation of the industry, and, while they are promoted as practices that ensure an orderly market, they are also exploited as manipulative tools. This glossary is limited to naked short abuse, or counterfeiting stock as it is more correctly referred to.
Broker Dealer or Prime Broker — The big stockbrokers who clear their own transactions, which is to say they move transacted shares between their customers directly, or with the DTC. Small brokers will clear through a clearing house — also known as a broker’s broker.
Hedge Funds — Hedge funds are really unregulated investment pools for rich investors. They have grown exponentially in the past decade and now number over 10,000 and manage over one trillion dollars. They don’t register with the SEC, are virtually unregulated and frequently foreign domiciled, yet they are allowed to be market makers with access to all of the naked shorting loopholes. Frequently they operate secretively and collusively. The prime brokers cater to the hedge funds and allegedly receive eight to ten billion dollars annually in fees and charges relating to stock lend to the short hedge funds.
Market Maker — A broker, broker dealer or hedge fund who makes a market in a stock. In order to be a market maker, they must always have shares available to buy and sell. Market makers get certain sweeping exemptions from SEC rules involving naked shorting.
Short Seller — An individual, hedge fund, broker or institution who sells stock short. The group of short sellers is referred to as “the shorts.”
The Securities and Exchange Commission — The SEC is the federal enforcement agency that oversees the securities markets. The top–level management is a five–person Board of Governors who are Presidential appointees. Three of the governors are usually from the securities industry, including the chairman. The SEC adopted Regulation SHO in January 2005 in an attempt to curb naked short abuse.
Depository Trust Clearing Corp — Usually known as the DTCC, this privately held company is owned by the prime brokers and it clears, transacts and holds most stock in this country. It has four subsidiaries, which include the DTC and the NCSS. The operation of this company is described in detail later.
Short Sale — Selling a stock short is a way to make a profit while the stock price declines. For example: If investor S wishes to sell short, he borrows a share from the account of investor L. Investor S immediately sells that share on the open market, so investor S now has the cash from the sale in his account, and investor L has an IOU for the share from investor S. When the stock price drops, investor S takes some of the money from his account and buys a share, called “covering”, which he returns to investor L’s account. Investor S books a profit and investor L has his share back. This relatively simple process is perfectly legal – so far. The investor lending the share most likely doesn’t even know the share left his account, since it is all electronic and occurs at the prime broker or DTC level. If shares are in a margin account, they may be loaned to a short without the consent or knowledge of the account owner. If the shares are in a cash account, IRA account or are restricted shares they are not supposed to be borrowed unless there is express consent by the account owner.
Disclosed Short — When the share has been borrowed or a suitable share has been located that can be borrowed, it is a disclosed short. Shorts are either naked or disclosed, but, in reality, some disclosed shorts are really naked shorts as a result of fraudulent stock borrowing.
Naked Short — This is an invention of the securities industry that is a license to create counterfeit shares. In the context of this document, a share created that has the effect of increasing the number of shares that are in the market place beyond the number issued by the company, is considered counterfeit. This is not a legal conclusion, since some shares we consider counterfeit are legal based upon today’s rules. The alleged justification for naked shorting is to insure an orderly and smooth market, but all too often it is used to create a virtually unlimited supply of counterfeit shares, which leads to widespread stock manipulation – the lynchpin of this massive fraud.
Returning to our example, everything is the same except the part about borrowing the share from someone else’s account: There is no borrowed share — instead a new one is created by either the broker dealer or the DTC. Without a borrowed share behind the short sale, a naked short is really a counterfeit share.
Fails–to–Deliver — The process of creating shares via naked shorting creates an obvious imbalance in the market as the sell side is artificially increased with naked short shares or more accurately, counterfeit shares. Time limits are imposed that dictate how long the sold share can be naked. For a stock market investor or trader, that time limit is three days. According to SEC rules, if the broker dealer has not located a share to borrow, they are supposed to take cash in the short account and purchase a share in the open market. This is called a “buy–in,” and it is supposed to maintain the total number of shares in the market place equal to the number of shares the company has issued.
Market makers have special exemptions from the rules: they are allowed to carry a naked short for up to twenty–one trading days before they have to borrow a share. When the share is not borrowed in the allotted time and a buy–in does not occur, and they rarely do, the naked short becomes a fail–to–deliver (of the borrowed share).
Options — The stock market also has separate, but related markets that sell options to purchase shares (a “call”) and options to sell shares (a “put”). This report is only going to deal with calls; they are an integral part of short manipulations. A call works as follows: Assume investor L has a share in his account that is worth $25. He may sell an option to purchase that share to a third party. That option will be at a specific price, say $30, and expires at a specific future date. Investor L will get some cash from selling this option. If at the expiration date, the market value of the stock is below $30 (the “strike price”), the option expires as worthless and investor L keeps the option payment. This is called “out of the money.” If the market value of the stock is above the strike price, then the buyer of the option “calls” the stock. Assume the stock has risen to $40. The option buyer tenders $30 to investor L and demands delivery of the share, which he may keep or immediately sell for a $10 profit.
Naked call — The same as above except that investor L, who sells the call, has no shares in his account. In other words, he is selling an option on something he does not own. The SEC allows this. SEC rules also allow the seller of a naked short to treat the purchase of a naked call as a borrowed share, thereby keeping their naked short off the SEC’s fails–to–deliver list.
How The System Transacts Stocks — This explanation has been greatly simplified in the interest of brevity.
Customers — These can be individuals, institutions, hedge funds and prime broker’s house accounts.
Prime Brokers — They both transact and clear stocks for their customers. Examples of prime brokers include Goldman Sachs; Merrill Lynch; Citigroup; Morgan Stanley; Bear Stearns, etc.
The DTCC — This is the holding company that owns four companies that clear and keep track of all stock transactions. This is where brokerage accounts are actually lodged. The DTC division clears over a billion shares daily. The DTCC is owned by the prime brokers, and, as a closely held private enterprise, it is impenetrable. It actively and aggressively fights all efforts to obtain information regarding naked shorting, with or without a subpoena.
Stocks clear as follows:
If customer A–1 purchases ten shares of XYZ Corp and Customer A–2 sells ten shares, then the shares are transferred electronically, all within prime broker A. Record of the transaction is sent to the DTC. Likewise, if Investor A–1 shorts ten shares of XYZ Corp and Investor A–2 has ten shares in a margin account, prime broker A borrows the shares from account A–2 and for a fee lends them to A–1.
If Customer A–1 sells shares to Customer B–2, in order to get the shares to B–2 and the money to A–1, the transaction gets completed in the DTC. The same occurs for shares that are borrowed on a short sale between prime brokers.
As a practical matter, what happens is prime broker A, at the end of the day, totals all of his shares of XYZ owned and all of the XYZ shares bought and sold, and clears the difference through the DTC. In theory, at the end of each day when all of the prime brokers have put their net positions in XYZ stock through the system, they should all cancel out and the number of shares in the DTC should equal the number of shares that XYZ has sold into the market. This almost never happens, because of the DTC stock borrow program which is discussed later.
Who are the Participants in the Fraud? The participants subscribe to the theory that it is much easier to make money tearing companies down than making money building them up, and they fall into two general categories: 1) They participate in the process of producing the counterfeit shares that are the currency of the fraud and/or 2) they actively short and tear companies down.
The counterfeiting of shares is done by participating prime brokers or the DTC, which is owned by the prime brokers. A number of lawsuits that involve naked shorting have named about ten of the prime brokers as defendants, including Goldman Sachs, Bear Stearns, Citigroup, Merrill Lynch; UBS; Morgan Stanley and others. The DTCC has also been named in a number of lawsuits that allege stock counterfeiting.
The identity of the shorts is somewhat elusive as the shorts obscure their true identity by hiding behind the prime brokers and/or hiding behind layers of offshore domiciled shell corporations. Frequently the money is laundered through banks in a number of tax haven countries before it finally reaches its ultimate beneficiary in New York, New Jersey, San Francisco, etc. Some of the hedge fund managers who are notorious shorters, such as David Rocker and Marc Cohodes, are very public about their shorting, although they frequently utilize offshore holding companies to avoid taxes and scrutiny.
Most of the prime brokers have multiple offshore subsidiaries or captive companies that actively participate in shorting. The prime brokers also front the shorting of some pretty notorious investors. According to court documents or sworn testimony, if one follows one of the short money trails at Solomon, Smith Barney, it leads to an account owned by the Gambino crime family in New York. A similar exercise with other prime brokers, who cannot be named at this time, leads to the Russian mafia, the Cali drug cartel, other New York crime families and the Hell’s Angels.
One short hedge fund that was particularly destructive was a shell company domiciled in Bermuda. Subpoenas revealed the Bermuda company was wholly owned by another shell company that was domiciled in another tax haven country. This process was five layers deep, and at the end of the subterfuge was a very well known American insurance company that cannot be disclosed because of court–ordered sealing of testimony.
Most of the large securities firms, insurance companies and multi–national companies have layers of offshore captives that avoid taxes, engage in activities that the company would not want to be publicly associated with, like stock manipulation; avoid U.S. regulatory and legal scrutiny; and become the closet for deals gone sour, like Enron.
The Creation of Counterfeit Shares — There are a variety of names that the securities industry has dreamed up that are euphemisms for counterfeit shares. Don’t be fooled : Unless the short seller has actually borrowed a real share from the account of a long investor, the short sale is counterfeit. It doesn’t matter what you call it and it may become non–counterfeit if a share is later borrowed, but until then, there are more shares in the system than the company has sold.
The magnitude of the counterfeiting is hundreds of millions of shares every day, and it may be in the billions. The real answer is locked within the prime brokers and the DTC. Incidentally, counterfeiting of securities is as illegal as counterfeiting currency, but because it is all done electronically, has other identifiers and industry rules and practices, i.e. naked shorts, fails–to–deliver, SHO exempt, etc. the industry and the regulators pretend it isn’t counterfeiting. Also, because of the regulations that govern the securities, certain counterfeiting falls within the letter of the rules. The rules, by design, are fraught with loopholes and decidedly short on allowing companies and investors access to information about manipulations of their stock.
The creation of counterfeit shares falls into three general categories. Each category has a plethora of devices that are used to create counterfeit shares.
Fails–to–Deliver — If a short seller cannot borrow a share and deliver that share to the person who purchased the (short) share within the three days allowed for settlement of the trade, it becomes a fail–to–deliver and hence a counterfeit share; however the share is transacted by the exchanges and the DTC as if it were real. Regulation SHO, implemented in January 2005 by the SEC, was supposed to end wholesale fails–to–deliver, but all it really did was cause the industry to exploit other loopholes, of which there are plenty (see 2 and 3 below).
Since forced buy–ins rarely occur, the other consequences of having a fail–to–deliver are inconsequential, so it is frequently ignored. Enough fails–to–deliver in a given stock will get that stock on the SHO list, (the SEC’s list of stocks that have excessive fails–to–deliver) – which should (but rarely does) see increased enforcement. Penalties amount to a slap on the wrist, so large fails–to–deliver positions for victim companies have remained for months and years.
A major loophole that was intentionally left in Reg SHO was the grandfathering in of all pre–SHO naked shorting. This rule is akin to telling bank robbers, “If you make it to the front door of the bank before the cops arrive, the theft is okay.”
Only the DTC knows for certain how many short shares are perpetual fails–to–deliver, but it is most likely in the billions. In 1998, REFCO, a large short hedge fund, filed bankruptcy and was unable to meet margin calls on their naked short shares. Under this scenario, the broker dealers are the next line of financial responsibility. The number of shares that allegedly should have been bought in was 400,000,000, but that probably never happened. The DTC — owned by the broker dealers — just buried 400,000,000 counterfeit shares in their system, where they allegedly remain — grandfathered into “legitimacy” by the SEC. Because they are grandfathered into “legitimacy”, the SEC, DTC and prime brokers pretend they are no longer fails–to–deliver, even though the victim companies have permanently suffered a 400 million share dilution in their stock.
Three months prior to SHO, the aggregate fails–to–deliver on the NASDAQ and the NYSE averaged about 150 million shares a day. Three months after SHO it dropped by about 20 million, as counterfeit shares found new hiding places (see 2 and 3 below). It is noteworthy that aggregate fails–to–deliver are the only indices of counterfeit shares that the DTC and the prime brokers report to the SEC. The bulk of the counterfeiting remains undisclosed, so don’t be deceived when the SEC and the industry minimize the fails–to–deliver information. It is akin to the lookout on the Titanic reporting an ice cube ahead.
Ex–clearing counterfeiting — The second tier of counterfeiting occurs at the broker dealer level. This is called ex–clearing. Multiple tricks are utilized for the purpose of disguising naked shorts that are fails–to–deliver as disclosed shorts, which means that a share has been borrowed. They also make naked shorts “invisible” to the system so they don’t become fails–to–deliver, which is the only thing the SEC tracks.
Some of the tricks are as follows:
Stock sales are either a long sale or a short sale. When a stock is transacted the broker checks the appropriate box. By mismarking the trading ticket –checking the long box when it is actually a short sale the short never shows up, unless they get caught, which doesn’t happen often. The position usually gets reconciled when the short covers.
Settlement of stock transactions is supposed to occur within three days, at which time a naked short should become a fail–to–deliver, however the SEC routinely and automatically grants a number of extensions before the naked short gets reported as a fail–to–deliver. Most of the short hedge funds and broker dealers have multiple entities, many offshore, so they sell large naked short positions from entity to entity. Position rolls, as they are called, are frequently done broker to broker, or hedge fund to hedge fund, in block trades that never appear on an exchange. Each movement resets the time clock for the naked position becoming a fail–to–deliver and is a means of quickly getting a company off of the SHO threshold list.
The prime brokers may do a buy–in of a naked short position. If they tell the short hedge fund that we are going to buy–in at 3:59 EST on Friday, the hedge fund naked shorts into their own buy–in (or has a co–conspirator do it) and rolls their position, hence circumventing Reg SHO.
Most of the large broker dealers operate internationally, so when regulators come in (they almost always “call ahead”) or compliance people come in (ditto), large naked positions are moved out of the country and returned at a later date.
The stock lend is enormously profitable for the broker dealers who charge the short sellers large fees for the “borrowed” shares, whether they are real or counterfeit. When shares are loaned to a short, they are supposed to remain with the short until he covers his position by purchasing real shares. The broker dealers do one–day lends, which enables the short to identify to the SEC the account that shares were borrowed from. As soon as the report is sent in, the shares are returned to the broker dealer to be loaned to the next short. This allows eight to ten shorts to borrow the same shares, resetting the SHO–fail–to–deliver clock each time, which makes all of the counterfeit shares look like legitimate shares. The broker dealers charge each short for the stock lend.
Margin account buyers, because of loopholes in the rules, inadvertently aid the shorts. If short A sells a naked short he has three days to deliver a borrowed share. If the counterfeit share is purchased in a margin account, it is immediately put into the stock lend and, for a fee, is available as a borrowed share to the short who counterfeited it in the first place. This process is perpetually fluid with multiple parties, but it serves to create more counterfeit shares and is an example of how a counterfeit share gets “laundered” into a legitimate borrowed share.
Margin account agreements give the broker dealers the right to lend those shares without notifying the account owner. Shares held in cash accounts, IRA accounts and any restricted shares are not supposed to be loaned without express consent from the account owner. Broker dealers have been known to change cash accounts to margin accounts without telling the owner, take shares from IRA accounts, take shares from cash accounts and lend restricted shares. One of the prime brokers recently took a million shares from cash accounts of the company’s founding investors without telling the owners or the stockbroker who represented ownership. The shares were put into the stock lend, which got the company off the SHO threshold list, and opened the door for more manipulative shorting.
This is a sample of tactics used. For a company that is under attack, the counterfeit shares that exist at this ex–clearing tier can be ten or twenty times the number of fails–to–deliver, which is the only category tracked and policed by the SEC.
Continuous Net Settlement — The third tier of counterfeiting occurs at the DTC level. The Depository Trust and Clearing Corporation (DTCC) is a holding company owned by the major broker dealers, and has four subsidiaries. The subsidiaries that are of interest are the Depository Trust Company (DTC) and the National Securities Clearing Corporation (NSCC). The DTC has an account for each broker dealer, which is further broken down to each customer of that broker dealer. These accounts are electronic entries. Ninety seven percent of the actual stock certificates are in the vault at the DTC with the DTC nominee’s name on them. The NSCC processes transactions, provides the broker dealers with a central clearing source, and operates the stock borrow program.
When a broker dealer processes the sale of a short share, the broker dealer has three days to deliver a borrowed share to the purchaser and the purchaser has three days to deliver the money. In the old days, if the buyer did not receive his shares by settlement day, three days after the trade, he took his money back and undid the transaction. When the stock borrow program and electronic transfers were put in place in 1981, this all changed. At that point the NSCC guaranteed the performance of the buyers and sellers and would settle the transaction even though the seller was now a fail–to–deliver on the shares he sold. The buyer has a counterfeit share in his account, but the NSCC transacts it as if it were real.
At the end of each day, if a broker dealer has sold more shares of a given stock than he has in his account with the DTC, he borrows shares from the NSCC, who borrows them from the broker dealers who have a surplus of shares. So far it sounds like the whole system is in balance, and for any given stock the net number of shares in the DTC is equal to the number of shares issued by the company.
The short seller who has sold naked – he had no borrowed shares – can cure his fail–to–deliver position and avoid the required forced buy–in by borrowing the share through the NSCC stock borrow program.
Here is the hocus pocus that creates millions of counterfeit shares.
When a broker dealer has a net surplus of shares of any given company in his account with the DTC, only the net amount is deducted from his surplus position and put in the stock borrow program. However the broker dealer does not take a like number of shares from his customer’s individual accounts. The net surplus position is loaned to a second broker dealer to cover his net deficit position.
Let’s say a customer at the second broker dealer purchased shares from a naked short seller — counterfeit shares. His broker dealer “delivers” those shares to his account from the shares borrowed from the DTC. The lending broker dealer did not take the shares from any specific customers’ account, but the borrowing broker dealer put the borrowed shares in specific customer’s accounts. Now the customer at the second prime broker has “real” shares in his account. The problem is it’s the same “real” shares that are in the customer’s account at the first prime broker.
The customer account at the second prime broker now has a “real” share, which the prime broker can lend to a short who makes a short sale and delivers that share to a third party. Now there are three investors with the same counterfeit shares in their accounts.
Because the DTC stock borrow program, and the debits and credits that go back and forth between the broker dealers, only deals with the net difference, it never gets reconciled to the actual number of shares issued by the company. As long as the broker dealers don’t repay the total stock borrowed and only settle their net differences, they can “grow” a company’s issued stock.
This process is called Continuous Net Settlement (CNS) and it hides billions of counterfeit shares that never make it to the Reg. SHO radar screen, as the shares “borrowed” from the DTC are treated as a legitimate borrowed shares.
For companies that are under attack, the counterfeit shares that are created by the CNS program are thought to be ten or twenty times the disclosed fails–to–deliver, and the true CNS totals are only obtained by successfully serving the DTC with a subpoena. The SEC doesn’t even get this information. The actual process is more complex and arcane than this, but the end result is accurately depicted.
Ex–clearing and CNS counterfeiting are used to create an enormous reserve of counterfeit shares. The industry refers to these as “strategic fails–to–deliver.” Most people would refer to these as a stockpile of counterfeit shares that can be used for market manipulation. One emerging company for which we have been able to get or make reasonable estimates of the total short interest, the disclosed short interest, the available stock lend and the fails–to–deliver, has fifty “buried” counterfeit shares for every fail–to–deliver share, which is the only thing that the SEC tracks, consequently the SEC has not acted on shareholder complaints that the stock is being manipulated.
The Anatomy of a Short Attack — Abusive shorting are not random acts of a renegade hedge funds, but rather a coordinated business plan that is carried out by a collusive consortium of hedge funds and prime brokers, with help from their friends at the DTC and major clearinghouses. Potential target companies are identified, analyzed and prioritized. The attack is planned to its most minute detail.
The plan consists of taking a large short position, then crushing the stock price, and, if possible, putting the company into bankruptcy. Bankrupting the company is a short homerun because they never have to buy real shares to cover and they don’t pay taxes on the ill-gotten gain.
When it is time to drive the stock price down, a blitzkrieg is unleashed against the company by a cabal of short hedge funds and prime brokers. The playbook is very similar from attack to attack, and the participating prime brokers and lead shorts are fairly consistent as well.
Typical tactics include the following:
Flooding the offer side of the board — Ultimately the price of a stock is found at the balance point where supply (offer) and demand (bid) for the shares find equilibrium. This equation happens every day for every stock traded. On days when more people want to buy than want to sell, the price goes up, and, conversely, when shares offered for sale exceed the demand, the price goes down.
The shorts manipulate the laws of supply and demand by flooding the offer side with counterfeit shares. They will do what has been called a short down ladder. It works as follows: Short A will sell a counterfeit share at $10. Short B will purchase that counterfeit share covering a previously open position. Short B will then offer a short (counterfeit) share at $9. Short A will hit that offer, or short B will come down and hit Short A’s $9 bid. Short A buys the share for $9, covering his open $10 short and booking a $1 profit. By repeating this process the shorts can put the stock price in a downward spiral. If there happens to be significant long buying, then the shorts draw from their reserve of “strategic fails-to-deliver” and flood the market with an avalanche of counterfeit shares that overwhelm the buy side demand. Attack days routinely see eighty percent or more of the shares offered for sale as counterfeit. Company news days are frequently attack days since the news will “mask” the extraordinary high volume. It doesn’t matter whether it is good news or bad news.
Flooding the market with shares requires foot soldiers to swamp the market with counterfeit shares. An off-shore hedge fund devised a remarkably effective incentive program to motivate the traders at certain broker dealers. Each trader was given a debit card to a bank account that only he could access. The trader’s performance was tallied, and, based upon the number of shares moved and the other “success” parameters, the hedge fund would wire money into the bank account daily. At the end of each day, the traders went to an ATM and drew out their bribe. Instant gratification.
Global Links Corporation is an example of how wholesale counterfeiting of shares will decimate a company’s stock price. Global Links is a company that provides computer services to the real estate industry. By early 2005, their stock price had dropped to a fraction of a cent. At that point, an investor, Robert Simpson, purchased 100%+ of Global Links’ 1,158,064 issued and outstanding shares. He immediately took delivery of his shares and filed the appropriate forms with the SEC, disclosing he owned all of the company’s stock. His total investment was $5205. The share price was $.00434. The day after he acquired all of the company’s shares, the volume on the over-the-counter market was 37 million shares. The following day saw 22 million shares change hands — all without Simpson trading a single share. It is possible that the SEC has been conducting a secret investigation, but that would be difficult without the company’s involvement. It is more likely the SEC has not done anything about this fraud.
Massive counterfeiting can drive the stock price down in a matter of hours on extremely high volume. This is called “crashing” the stock and a successful “crash” is a one-day drop of twenty-percent or a thirty-five percent drop in a week. In order to make the crash “stick” or make it more effective, it is done concurrently with all or most of the following:
Media assault — The shorts, in order to realize their profit, must ultimately purchase real shares at a price much cheaper than what they shorted at. These real shares come from the investing public who panics and sells into the manipulation. Panic is induced with assistance from the financial media.
The shorts have “friendly” reporters with the Dow Jones News Agency, the Wall Street Journal, Barrons, the New York Times, Gannett Publications (USA Today and the Arizona Republic), CNBC and others. The common thread: A number of the “friendly” reporters worked for The Street.com, an Internet advisory service that hedge-fund managers David Rocker and Jim Cramer owned. This alumni association supported the short attack by producing slanted, libelous, innuendo laden stories that disparaged the company, as it was being crashed.
One of the more outrageous stories was a front-page story in USA Today during a short crash of TASER’s stock price in June 2005. The story was almost a full page and the reporter concluded that TASER’s electrical jolt was the same as an electric chair — proof positive that TASERs did indeed kill innocent people. To reach that conclusion the reporter over estimated the TASER’s amperage by a factor of one million times. This “mistake” was made despite a detailed technical briefing by TASER to seven USA Today editors two weeks prior to the story. The explanation “Due to a mathematical error” appeared three days later — after the damage was done to the stock price.
Jim Cramer, in a video-taped interview with The Street.com, best described the media function:
When (shorting) … The hedge fund mode is to not do anything remotely truthful, because the truth is so against your view, (so the hedge funds) create a new ‘truth’ that is development of the fiction… you hit the brokerage houses with a series of orders (a short down ladder that pushes the price down), then we go to the press. You have a vicious cycle down — it’s a pretty good game.
This interview, which is more like a confession, was never supposed to get on the air, however, it somehow ended up on YouTube. Cramer and The Street.com have made repeated efforts, with some success, to get it taken off of YouTube.
Analyst Reports — Some alleged independent analysts were actually paid by the shorts to write slanted negative ratings reports. The reports, which were represented as being independent, were ghost written by the shorts and disseminated to coincide with a short attack. There is congressional testimony in the matter of Gradiant Analytic and Rocker Partners that expands upon this. These libelous reports would then become a story in the aforementioned “friendly” media. All were designed to panic small investors into selling their stock into the manipulation.
Planting moles in target companies — The shorts plant “moles” inside target companies. The moles can be as high as directors or as low as janitors. They steal confidential information, which is fed to the shorts who may feed it to the friendly media. The information may not be true, may be out of context, or the stolen documents may be altered. Things that are supposed to be confidential, like SEC preliminary inquiries, end up as front-page news with the short-friendly media.
Frivolous SEC investigations — The shorts “leak” tips to the SEC about “corporate malfeasance” by the target company. The SEC, which can take months processing Freedom of Information Act requests, swoops in as the supposed “confidential inquiry” is leaked to the short media.
The plethora of corporate rules means the SEC may ultimately find minor transgressions or there may be no findings. Occasionally they do uncover an Enron, but the initial leak can be counted on to drive the stock price down by twenty-five percent. The announcement of no or little findings comes months later, but by then the damage that has been done to the stock price is irreversible. The San Francisco office of the SEC appears to be particularly close to the short community.
Class Action lawsuits — Based upon leaked stories of SEC investigations or other media exposes, a handful of law firms immediately file class-action shareholder suits. Milberg Weiss, before they were disbanded as a result of a Justice Department investigation, could be counted on to file a class-action suit against a company that was under short attack. Allegations of accounting improprieties that were made in the complaint would be reported as being the truth by the short friendly media, again causing panic among small investors.
Interfering with target company’s customers, financings, etc. — If the shorts became aware of clients, customers or financings that the target company was working on, they would call and tell lies or otherwise attempt to persuade the customer to abandon the transaction. Allegedly the shorts have gone so far as to bribe public officials to dissuade them from using a company’s product.
Pulling margin from long customers — The clearinghouses and broker dealers who finance margin accounts will suddenly pull all long margin availability, citing very transparent reasons for the abrupt change in lending policy. This causes a flood of margin selling, which further drives the stock price down and gets the shorts the cheap long shares that they need to cover.
Paid bashers — The shorts will hire paid bashers who “invade” the message boards of the company. The bashers disguise themselves as legitimate investors and try to persuade or panic small investors into selling into the manipulation.
This is not every dirty trick that the shorts use when they are crashing the stock. Almost every victim company experiences most or all of these tactics.
How Pervasive Is This? — At any given point in time more than 100 emerging companies are under attack as described above. This is not to be confused with the day-to-day shorting that occurs in virtually every stock, which is purportedly about thirty percent of the daily volume.
The success rate for short attacks is over ninety percent – a success being defined as putting the company into bankruptcy or driving the stock price to pennies. It is estimated that 1000 small companies have been put out of business by the shorts. Admittedly, not every small company deserves to succeed, but they do deserve a level playing field.
The secrecy that surrounds the shorts, the prime brokers, the DTC and the regulatory agencies makes it impossible to accurately estimate how much money has been stolen from the investing public by these predators, but the total is measured in billions of dollars. The problem is also international in scope.
Who Profits from this Illicit Activity? — The short answer is everyone who participates. Specifically:
The shorts — They win over ninety percent of the time. Their return on investment is enormous because they don’t put any capital up when they sell short — they get cash from the sale delivered to their account. As long as the stock price remains under their short sale price, it is all profit on no investment.
The prime brokers — The shorts need the prime brokers to aid in counterfeiting shares, which is the cornerstone of the fraud. Not only do the prime brokers get sales commissions and interest on margin accounts, they charge the shorts “interest” on borrowed shares. This can be as high as five percent per week. The prime brokers allegedly make eight to ten billion dollars a year from their short stock lend program. The prime brokers also actively short the victim companies, making large trading profits.
The DTC — A significant amount of the counterfeiting occurs at the DTC level. They charge the shorts “interest” on borrowed shares, whether it is a legitimate stock borrow or counterfeit shares, as is the case in a vast majority of shares of a company under attack. The amount of profit that the DTC receives is unknown because it is a private company owned by the prime brokers
The Cover Up — The securities industry, certain “respected” members of corporate America who like the profits from illegal shorting, certain criminal elements and our federal government do not want the public to become aware of this problem.
The reason for the cover up is money.
Everyone, including our elected officials, gets lots of money. Consequently there is an active campaign to keep a lid on information. The denial about these illegal practices comes from the industry, the DTC, the SEC and certain members of Congress. They are always delivered in blanket generalities. If indeed there is no problem, as they claim, then why don’t they show us the evidence instead of actively and aggressively fighting or deflecting every attempt at obtaining information that is easily accessible for them and impossible for companies and investors? Accusers are counter attacked as being sour-grapes losers, lunatics or opportunistic lawyers trying to unjustly enrich themselves. Death threats are not an unheard of occurrence, although it doesn’t appear that anyone has been “whacked” so far.
The securities industry counters with a campaign of misinformation. For example, they proudly pointed out that only one percent of the dollar volume of listed shares are fails-to-deliver. What they don’t mention:
that the fails-to-deliver are concentrated in companies being attacked for companies under attack, for every disclosed fail-to-deliver there maybe ten to forty times that number of undisclosed counterfeit shares
companies under attack have seen their stock price depressed to a small fraction of the price of an average share, therefore the fails-to-deliver as a percentage of number of shares is considerably higher than as a percentage of dollar volume
the examples cited are limited to listed companies, but much of the abuse occurs in the over the counter market, regional exchanges and on unregulated foreign exchanges that allow naked shorting of American companies, who are not even aware they are traded on the foreign exchanges.
Why does this continue to happen? It is no accident that the most pervasive financial fraud in the history of this country continues unabated. The securities industry advances its agenda on multiple fronts:
The truth about counterfeiting remains locked away with the perpetrators of the fraud. The prime brokers, hedge funds, the SEC and the DTC are shrouded in secrecy. They actively and aggressively resist requests for the truth, be it with a subpoena or otherwise. Congressional subpoenas are treated with almost as much disdain as civil subpoenas.
The body of securities law at the federal level is so stacked in favor of the industry that it is almost impossible to successfully sue for securities fraud in federal court.
For example, in a normal fraud case, a complaint can be filed based upon “information and belief” that a fraud has been committed. The court then allows the plaintiff to subpoena evidence and depose witnesses, including the defendants. From this discovery, the plaintiff then attempts to prove his case. Federal securities fraud cases can’t be filed based upon “information and belief”; you must have evidence first in order to not have the complaint immediately dismissed for failure to state a cause of action. This information is not available from the defendants (see above) without subpoenas, but you can’t issue a subpoena because the case gets dismissed before discovery is opened.
This is only one example of the terrible inequities that exist in federal securities law. The SEC is supposed to protect the investing public from Wall Street predators. While the vast majority of SEC staffers are underpaid, overworked, honest civil servants, the top echelons of the SEC frequently end up in high-paying Wall Street jobs. The five-person Board of Governors, who oversee the SEC, is dominated by the industry. The governors are presidential appointees and the industry usually fills three slots, frequently including the chairmanship. For those rare occasions when the SEC prosecutes an industry insider, the cases almost never go to a judgment or a criminal conviction. The securities company settles for a fine and no finding of guilt. The fine, which may seem like a large sum, is insignificant in the context of an industry that earned 35 billion dollars in 2006. Fines, settlements and legal expenses are just a cost of doing business for Wall Street.
The root cause of the impossibly skewed federal laws and the ineffectiveness of the SEC and other regulatory bodies rests squarely with our elected officials. The securities industry contributes heavily to both parties at the presidential and congressional levels. As long as the public is passive about securities reform, our elected officials are happy to take the money, which at the federal level was 65 million dollars in 2006.
The Democrats swept into power with a promise of ethics reform. Their majority in congress allowed Christopher Dodd (D-CT) to ascend to the chairmanship of the Senate Banking Committee, which regulates the securities industry. His largest single contributor ($175,400) in the first quarter of 2007 was (employees of) SAC Capital, a very aggressive short hedge fund. Are we surprised that Dodd has opposed additional regulation of hedge funds. They are virtually unregulated.
Some states have their own securities laws and their own enforcement arm. Certain states including Connecticut, Illinois, Utah, Louisiana and others, have begun active enforcement of their own laws. The state laws are not nearly as pro industry as federal laws and plaintiffs are having success.
To thwart this, the industry with the support of the SEC, is attempting to have the federal court system and federal agencies, be the sole venue for securities matters. The SEC is working hand in hand with the industry to advance this theory of federal preemption, which would put all securities matters under federal law, all litigation in federal courts, and all enforcement with the SEC.
The following are recent examples of how the SEC is advancing the industry agenda:
The San Francisco office of the SEC issued subpoenas to various short friendly media outlets after congressional hearings about David Rocker and Gradient Analytic. This investigation into the media involvement with the shorts was ended by the chairman of the SEC, Christopher Cox, who withdrew the subpoenas, apparently concluding that the First Amendment right to free speech protected participants in an alleged stock manipulation. Jim Cramer ripped up his subpoena on his television show, thumbing his nose at the SEC.
In early 2007, the SEC completely exonerated Gradient, citing Gradient’s First Amendment rights. The Nevada Supreme court heard a case captioned Nanopierce vs. DTCC. Nanopierce is an emerging company that was attacked by the shorts and subjected to massive counterfeiting of their stock by the DTCC. This state court case is close to opening discovery against the DTCC, so the industry is attempting to kill the lawsuit by arguing it should be in federal court — where it will be DOA. The SEC showed up as a friend of the defendant DTCC, and filed a brief in support of the DTCC efforts to remove the case to the federal court system. Both houses of the Utah legislature passed a bill that required daily disclosure of fails-to-deliver, including identifying specific companies and the specific broker dealer positions in that company. The bill also outlawed naked shorting of companies domiciled in Utah. The industry threatened litigation based upon federal preemption and backed the state down. The bill was not signed into law.
A bill was introduced to the Arizona legislature that required disclosure similar to the Utah bill, but without the illegal naked shorting provision. This is the same information that the DTC confidentially provides to the SEC. Certain prime broker’s lobbying effort allegedly managed to get the bill killed in committee. The industries efforts to curtail state authority, is an effort to draw all securities matters under the federal umbrella, where small investors don’t have a chance of obtaining justice.
In February 2007 the SEC determined that the hedge fund industry did not require any additional regulation — they are virtually unregulated. This may be the height of arrogance.
Sources — Information used was obtained from public records; the SEC; the Leslie Boni Report to the SEC on shorting; evidence and testimony in court proceedings; conversations with attorneys who are involved in securities litigation; former SEC employees; conversations with management of victim companies; and first hand experience as investors in companies that have suffered short attacks. This web site is sponsored by Citizens for Securities Reform.
What to Do? — Many of our elected officials at the federal and state level do not understand most of what is contained in this paper. They must come to understand this fraud, and, more importantly, understand that their constituents are angry.
Pass this information to everyone you know — put it in the public conscience. Then the citizenry needs to engage in a massive letter-writing campaign. Feel free to attach this report. Make sure your elected officials, at the federal level and state level know how you feel. Ultimately, votes in the home district will trump money from the outside.
This Article was Found at www.counterfeitingstock.com/counterfeitingstock.html
 Naked Short Selling Trial
On December 6th, 2010 at 1:30pm in a United States District Court for the Central District of California – Southern District, the honorable Judge James V. Selna in his courtroom located at 411 West Fourth Street, Santa Ana, California will make a Ruling on largest lawsuit in the history of the world. The case has it all, in regards to Counterfeiting Stocks on Wall Street, Money Laundering, a Government Sting, Terrorism, Bankers paying for immunity and so much more. The only thing missing is the News Media. Where are they to cover this case? The Judge’s Ruling is 7 days away. Why has the news media been silent? The Lawsuit involves a company called CMKM Diamonds ( 7 Plaintiffs and its shareholders ) and the Federal Defendants are the SEC present commissioner Mary Shapiro and previous commissioners such as Christopher Cox and others. The Case is for $3.87 Trillion dollars in damages to the Shareholders of CMKM Diamonds.
CMKM Diamond investors ( close to 50,000 shareholders ) have banned together and have done the hard investigative work that TV news has chosen to ignore. The CMKM Shareholders have made movies, web sites, written articles and have sent this information all over the internet to try and force the News Media to cover this case. The Counterfeiting of Stocks on Wall Street should be all over the news as we await Judge James V. Selna’s decision on wether to move forward with a Trial.
I am a shareholder of CMKM Diamonds. I write this article in hopes to getting the information out onto the internet to make people from all over the World aware of this December 6th, 2010 Court Ruling. This case has it all, except media coverage. Why is that? Please go to http://www.CMKXsting.com to see the research the CMKM shareholders have provided. It is all at your fingertips to see. We have done the work for the news media, now if they can only investigate these serious allegation by the plaintiffs Lawyer, California Attorney A. Clifton Hodges.
The CMKM Shareholders are seeking the Truth and need the TV news media to get involved and cover this case. The Truth needs to be told to the World. If all is True, this will go down as the Biggest Theft in the History of the World. The Counterfeiting of Shares on Wall Street – Naked Short Selling by these Bankers and many other criminals in the financial industry.
Richard Keane
www.SiriusNews.com
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