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Message: Re: Something that explains what really took place

IQ1
Oct 05, 2008 04:00PM

Spoke to David Kotz this morning about:
« Thread Started Yesterday at 10:33pm »

------------------------------------...
a myriad of concerns I/we have re: SEC action or lack thereof. Kotz articulated a
clear sense of concern about what was shared and stated that he would open up an
investigation immediately. Coincidentally, M. White p honed my office some two hours
later. We need to keep up the pressure on this front IMO.



JF~


Good morning Mr. Kotz,

Per our earlier discussion, I have provided you a few email (below) that will lend
some insight into the concerns I raised this morning. I have been following/involved
in this CMKM case for far too long and simply want justice served. Thank you for
taking the time to speak with me and do not hesitate to give me a ring should you
have any further questions.

Sincerely,

----- Original Message -----

Congressman Shays, (Chris)

I have hesitated to contact you for some time and have been working with Senator
Dodd due to the nature of my concern and his role as Chairman of the Senate Banking
Committee. At this juncture, I could surely use your help in highlighting a case of
grandiose fraud that has resulted in 50,000+ investors being bilke
d out of 1/4 of a billion dollars. This situation involves many of the very toxic
ingredients that have led to our markets current plight.

It would be greatly appreciated if you can lend some advice and/or forward my
concerns to the appropriate venue to allow for a review of the disturbing case of
fraud highlighted below. Traditionally, the Securities and Exchange Commission would
be such a place but as you read the information to follow you will understand that
they are part of the concern in the case I highlight. I and many other of my fellow
shareholders are miffed20as to why there has yet to be any hint of a criminal
investigation on any front and why S.E.C. officials worked so diligently to at first
sweep the matter under the rug then only to file a civil complaint that is most
narrow in it's scope. One specific concern stems from the fact that there is a
former lead S.E.C. Enforcement Division Attorney (Roger Glenn) who served as the
corporate lawyer for CMKM in 2004and signed off on opinion letters that led to 300+
billion restricted shares to become free trading. This former S.E.C. official is now
a partner in a well known firm has not been named in the S.E.C.'s civil complaint?
Current CMKM attorney David Koch provided the following in the most recent civil
complaint heard by Judge Denton in the District Court of Nevada. "In fact, Mr. Glenn
did nothing to help the company resolve its SEC problems. It has been discovered in
the last few weeks that Mr. Glenn actually wrote legal=2
0opinions authorizing billions of free trading stock and assisting the company to
increase its authorized shares from 500 billion to 800 billion shares. The only
information released to the public about Mr. Glenn was his hiring to help with SEC
reporting problems."

One other interesting note involving the CMKM case involves the former chairman of
their board of directors; his name was none other than former F.B.I. and C.I.A.
operative Robert Maheu.

I have provided four email that I sent to Senator Dodd and Senator Reid to provide
you a bit of background into=2 0my concerns.

http://cmkxdiamond.proboards66.com/i...


_____________________________________



jfarn
Pirate

Re: Spoke to David Kotz this morning about:
« Reply #1 Yesterday at 10:37pm »

------------------------------------...
I probably should have provided that Kotz is the Inspector General for the SEC.

http://www.sec.gov/news/press/2007/2...

http://cmkxdiamond.proboards66.com/i...



___________________________________



jfarn
Pirate

Re: Spoke to David Kotz this morning about:
« Reply #6 Today at 10:50am »

------------------------------------...
Nufced, the later was dated early last week. It was also given to him from one of
his staffer's who is a friend of mine. He is coming to my place of employment next
week for a campaign event. We will discuss the particulars prior to the event. I
want him to work wi
th/speak to Kotz on a couple of things and to make sure that my left leaning Senator
stays on point. Re: Maheu being included ijunjoe....I encouraged some folks to do
some dd on Terry Lenzner and his past connections with Maheu in an investigatory
role. Mr. Lenzner's firm is the premier investigative firm in the country and
possibly world. I spoke to Mr. Lenzner on 9/11 on behalf of shareholders and the
company and provided our CEO with an overview of the firm yesterday and encouraged
to follow-up on seeking IGI's assistance. You can connect the dots as to why I keep
Maheu in my description of events. Have a nice weekend all. Even you too Tec.


Re: making contact with Kotz...SEC Inspector General, it was on the recommendation
of Dean Shanian (Lead Counsel for the Senate Banking Committee he is the gent I have
been communicating through Dodd's Office. Dodd (Chairman) can't technically call for
a review of individual SEC Enforcement investigative complaints for specific cases.
General oversight means just that. He called for a review for the whole division and
could use the info. I shared during the course of their review. However, the SEC
does have an internal officer who has dual responsibilities both to Congress
(People) and to insure the mission of the SEC is upheld. After speaking with him and
hearing his interest/concern in his voice when I detailed WTH went on here. I got
the sense he will help our situation and at the very least make sure we get a fair
shake.

And to make sure you
don't misunderstand my efforts: I do believe in a positive outcome. I still
disagree with how the SEC and to a certain degree how our current management team
has portrayed our story and when/what/who they have chosen to go after. However, if
this is the direction they both want to go, they better dot i's and cross t's.
Sorry R.G. and others. My $ has been gone too long to play nice and be patient.

http://cmkxdiamond.proboards66.com/i...



____________________________________...



For anyone who wants to make the proper authorities aware of your thoughts in regard
to CMKX, Here is a link to the electronic mailboxes of the SEC.

http://www.sec.gov/contact/mailboxes...


These are the mailboxes I chose to send mine to....
oig@sec.gov
oiea@sec.gov
enforcement@sec.gov
chairmanoffice@sec.gov
tradingandmarkets@sec.gov
oms@sec.gov


takes but minutes..... just copy and paste your thoughts into the different
mailboxes......
C'mon gang..... "Let's be heard !!


Single



____________________________________...
=0 A


Posted by: jimmym4 Date: Tuesday, October 07, 2008 6:59:12 AM
In reply to: None Post # of 261723

Impartiality of S.E.C. Is Questioned

By WALT BOGDANICH
Published: October 6, 2008
A federal inquiry has concluded that the Securities and Exchange Commission should
consider disciplining its director of enforcement and two supervisors for their role
in handling an insider trading investigation that led to the firing of an S.E.C.
lawyer for trying to interview
an influential Wall Street executive.

The commission’s inspector general, H. David Kotz, said in a 191-page report
obtained by The New York Times that he had found evidence that “raised serious
questions about the impartiality and fairness” of the S.E.C.’s investigation of
possible insider trading at Pequot Capital Management, a giant hedge fund.

Mr. Kotz also condemned what he called the “common practice” of giving outside
lawyers’ clients access to high-level S.E.C. officials when they had complaints
about front-line investigators.

By accusing S.E.C. supervisors of treating the Pequot investigation differently from
other similar investigations Mr. Kotz’s report puts added pressure on an agency
that has recently been accused of failing to aggressively regulate financial
institutions at the heart of the subprime mortgage crisis.

The inspector general’s report is the latest in a string of Congressional hearings
and=2 0reports on the Pequot case. Those inquiries were begun after The Times, in
June 2006, reported accusations by an S.E.C. lawyer, Gary J. Aguirre, that for
political reasons his superiors at the agency had impeded his inquiry into possible
insider trading at Pequot.

Mr. Aguirre complained that he was fired in September 2005, shortly after receiving
a merit raise, because he wanted to take testimony from John J. Mack, currently the
chief executive of Morgan Stanley and a close friend of Pequot’s founder, Arthur
J. Samburg. Mr. Kotz’s investigation did no
t focus on whether insider trading occurred, but rather on Mr. Aguirre’s claims of
preferential treatment and improper termination.

No enforcement actions were taken in connection with the Pequot investigation, which
is now closed. Mr. Mack and Mr. Samberg have repeatedly denied any improper conduct.

The inspector general primarily sided with Mr. Aguirre’s version of events,
accusing enforcement officials of failing “in numerous respects” to properly
manage him and for allowing “inappropriate reasons to factor into its decision to
terminate him.”

As a result, Mr. Kotz recommended possible disciplinary action against the director
of enforcement, Linda Thomsen; Mr. Aguirre’s direct supervisor, Robert Hanson; and
the assistant director of enforcement, Mark Kreitman.

Ms. Thomsen was criticized for providing “relevant information” about the
commission’s evidence against Mr. Mack to Morgan Stanl ey’s counsel, Mary Jo
White, a former United States attorney. At the time, Morgan Stanley was vetting Mr.
Mack to be its new chief executive.

Ms. Thomsen, in describing e-mail messages, disclosed that there was “smoke” but
“surely not fire,” the inspector general said. He also noted that Mr. Aguirre
knew much more about the investigation, but that Ms. Thomsen did not consult him
before speaking to Ms. White.

Mr. Kotz said it was “fairly routine” for outside lawyers to bypass front-line
investigators and speak to S.E.C. supervisors when they had=2
0complaints about how their clients were being treated. This practice, Mr. Kotz
said, would allow prominent lawyers to have better access to S.E.C. officials than
less prominent ones.

In a statement Monday, the chairman of the Senate finance committee at the time,
Charles E. Grassley, Republican of Iowa, who held hearings on the matter, said:
“Gary Aguirre told it like it was and lost his job. Today we’re all paying the
price for an S.E.C. culture of deference to Wall Street.”

Ms. Thomsen, Mr. Hanson and Mr. Kreitman did not return messages left at their
office seeking comment.

John J. Nester, an S.E.C. spokesman, said Mr. Kotz’s report had concluded that the
Pequot matter had been “aggressively pursued” and that “the investigation did
not find that enforcement cases are generally affected by political decisions or the
prominence of defendants.”

Mr. Nester said the agency’s review process would now determine “appropriate
personnel actions.”

An earlier investigation of Mr. Aguirre’s charges by Walter J. Stachnik, Mr.
Kotz’s predecessor, cleared the S.E.C. of any wrongdoing, but his report was
sharply criticized by members of Congress when it was revealed that he had never
interviewed Mr. Aguirre. Mr. Stachnik retired soon after.

Mr. Kotz said all of Mr. Aguirre’s supervisors had denied that his attempt to
question Mr. Mack was behind his dismissal, but the inspector general found
otherwise. “There was a connection between the20decision to terminate Aguirre and
his seeking to take Mack’s testimony,” the report stated.

After members of Congress criticized the S.E.C., the commission eventually took Mr.
Mack’s testimony — several days after the statute of limitations had passed. In
taking that testimony, Mr. Kotz said the commission “seems to have ‘gone through
the motions.’ ”

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