WRITTEN SUMMARY by portrush, for the MARTIN MP3 above.
Diamondologist
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Re: Martin update MP3
« Reply #7 on: Today at 3:18pm » <br>
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Transcript of John Martin call:
I have made some minor edits to his comments, but the bulk of it was here. A couple words were missing but I think I captured the gist of it for you. There is one word missing in the last sentance. If you know what he was referring to PM me and I will edit this. Thanks!
portrush
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The hearing is going to go late tonight. The judge is concerned about getting everyone into the courtroom.
She even brought in chairs to allow everyone in the courtroom. She was very concerned that people got to witness it if they wanted to.
The judge made it clear she has to go back to Washington and read the transcripts when this is done.
No one can tell her how to rule. No one has asked her how to rule. She will rule under her won decision. She made a comment about that so the shareholders will understand that she is a lady with her own mind and she is not listening to someone directing her and telling her what to do.
She started going through a process of admissibility of different evidence. She ruled that other evidence/exhibits can be brought to her until mid-July. Which is extremely good for us.
Frizzell is and has been extremely involved. Involvement in the hearing has been quite a bit, in other words.
The judge ruled that the NS is not going to be admitted into evidence but wants to know what it is. She asked the SEC if they are willing to admit that CMKX is naked shorted and their answer was no.
Bill got up immediately and asked the court if he was allowed to talk about naked shorting in the hearing and she said yes.
They stated with opening statements; Leslie Hakala said essentially CMKX is operating in secrecy and in the shadows lining their pockets. That is essentially what she said.
Martin notes; Wow, the judge is actually to ask the SEC and CMKX to settle the case, the judge is seemingly very concerned about he group of shareholders and the SEC does not want to settle the case.
Donald Stocklein with his opening statement said: the company filed their schedule 15 by mistake and they didn’t have to file. There has been $250K spent with Edwards and Engles and nothing was done…and almost $2million spent in getting filings done and we don't have them yet. We’re doing everything we can to get them done.
Frizzell got up at that point and thanked the judge for allowing the shareholders to be there and then he responded to a comment she made that she was amazed there were billions of shares in this company and he said “Your Honor there are not billions of shares in this company, there are trillions of shares in this company.”<br>
Problems were being resolved, Frizzell said, please make a note of the NSS situation throughout the hearing.
(Witnesses called.)
First witness, Neil Levine, CPA. January 10th 2005 he was hired to audit and he has not gotten any papers to perform the audit. John Edwards, a friend of Levine was the one who got Neil and CMKX together. Neil said the company wanted to file the reports so they could go to a higher exchange.
The SEC’s contention was the company was not registered…registering a reason for the shares issued. The judge was surprised at the number of shares issued…she was referring to a 3-billion share issuance. Levine said it would take 90 days to audit once he got all the paperwork.
Don Stocklein stood up to cross examine. He seems to be building a case that pink-sheet companies don't need to file, if they have under 300 investors.
Cross by Frizzell, wanted to know if Levine knew the man that got them together (Levine/CMKX) had an extremely large holding position in CMKX. Bill was trying to find out why Levine resigned one day before the hearing. Frizzell was ‘tearing it up” and the judge kept telling Bill to be careful where he is was leading and the crowd seemed pleased with what he was saying.
Cross by Stocklein was trying to get Levine to tell the court how/if the additional shares would affect the auditing. In other words, would the additional shares (just floating around out there) above the issued shares affect the auditing. Stocklein finished at the point.
Frizzell got back up and asked how would other audited shares show up other than issued shares? Everyone in the courtroom objected.
Other witnesses: Chris Wall, who is IT specialist for the SEC in LA questioned about the Green Baron webcast on 10/18/04 and that CD was entered as evidence.
Stocklein and Frizzell passed on the cross examination of this witness.
Helen Bagley, the First Global transfer agent. Ms. Hakala questioned why First Global was not their agent for about a week. If you remember they were not employed for about a week then came back on board. (he doesn’t remember specifics, but there was a rift between them and the company and they fixed it over this period of time)
They talked about the shareholder list. The judge is asking questions about outstanding shares. This is all in relation to the 698 shareholders that were actual shareholders in 2003.
Cross by Stocklein about the DTC and the shared (? ) program which was objected to. He was able to get around that objection and question differently and Frizzell passed on that objection.
He understands the hearing will go late tonight.
End
portrush
cmkxdiamond.proboards32.com/index.cgi?board=general&action=display&thread=1115757331Another update:
cruisecontrol
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Re: Someone PLEASE post notes on the audio..
« Reply #20 on: Today at 2:59pm » <br>
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"Hello everybody, this is John Martin again. I just wanted to bring everybody up to date. TheJudge was looking at a clock in the court room that was not working right she was under the impression that it was 12:30 california time, when in fact it was a couple hours later than that. We got in just one witness, which was Mrs. Hakala which Mrs. Hakala questioned, her name was Suzanne Herring, she's an auditor for the Stocklein law firm. Essentially the line of questioning was about the books. She reported that the books were essentially non-existant, that she's been working towards getting the books together. The entire line of questioning was designed to is not a (can't make this part out) filer. There still is not a redirect by Mr.Stocklein or Mr. Frizzel, they chose to wait until after lunch to do that. It is my understanding that in one hour we will reconvene. the Judge seems to think that we will finish this tonite, she plans on taking this long into the evening, untill we're finished. I have no idea what needs to be done, there's still a great deal of material to go through. When I left the courtroom a minute ago, the judge, and the attorneys were meeting at the judge's seat, and catching something of interest, I was not privvy to that, I'm going to go catch a bite to eat. I'll report back after the next break, we will be reconveigning in about an hour, I hope everybody's hangin' in there, I know it's a long day, there's a lot going on, a lot of positioning, from the SEC, Mr.Stocklein, and Mr. Frizzel. It seems as though there's going to be quite a bit of questioning by Mr. Stocklein, and Mr.Frizzel as soon as we reconveign from lunch. I hope everybodies having a good day, and I'll talk to soon" -Word for Word From the mouth of John Martin, as promised, you read it here first!-Cruise
From:
cmkxdiamond.proboards32.com/index.cgi?action=display&board=general&thread=1115752496&start=15 
