“An Open nice letter to the Judge"

in tracking down these white collar criminals, who routinely engage in a national and international money laundering operation.

I would like to believe that the SEC’s duties are consistent with the above described policies. That in fact the SEC will at some point, interdict and prevent illegal financial gains realized from Naked Short Selling and other nefarious forms of market manipulations, from being siphoned off from us and into some off-shore accounts.

I would also point out your Honor; the NSS issue in the American market place is without a doubt, fast becoming a world wide issue of significance. This as noted in various media sources will be the topic of an upcoming conference, in which the German Government plans to address the matter and American’s failure to “police” itself, will be the subject of our European brother’s concerns as to how it impacts them.

What a travesty and shame that yet again, the average American citizen will bear the brunt of ill humor, distrust and disrespect over something that our Government should have addressed a long time ago. Is it our Government’s apathy or simply our ignorance and blind faith in our elected officials, which provide our detractors with the ammo to shoot us with?

As I stated previously, the need for investigations into companies and individuals that do not comply with the SEC laws is of paramount importance in our capitalistic society. But, your Honor, I would submit that such investigations be initiated only where the process is meant to ensure a level playing field for all and not favor one player over another, especially if that other player is the State.

Granted CMKX’s prior activities and or lack thereof are indicative of a company in need of leadership. But the failure to file, even if perceived as a conspiracy of silence to defraud, should have been dispelled, since CMKM’s intent was demonstrated in your court as a case of cause and effect.

When such filing questions were raised, the answer addressed by the CO-CEO to the courts, were simple and straightforward, he assure the court the direction and compliance he intended to enforce on the company in his position as CO-CEO.
We are all painfully aware now, of the devious and deceitful manner in which insiders, who assumed the responsibility for the care and maintenance of the company, used their privileged positions to engage in questionable and I might add unethical practices.

I would submit that it appears for all intents and purposes, the agenda of these individuals was the manipulation of the company for personal gain. Such intent was demonstrated in court, where it was clearly indicated, that a conspiracy was enacted by various actors, to “ruin” CMKM, thereby ensuring their illegal financial gains could not and would not be illuminated by the light of truth, if the company was allowed to go forward and file.

I would submit that as a result of the deceptive actions by some, their activities were clearly the catalysts need to initiate a “cascading effect,” whereby each incident through it’s interconnectivity with another, precipitated the crash of multiple subsequent aspects, resulting in our current dilemma, which in my opinion is not suggestive of CMKM’s intent to defraud me.
While the SEC has fired a very good shot across the bow of CMKM, it would appear that their confidence in a second shot striking a death blow to CMKM is dubious. By that your Honor, I simply mean that in their pleading / demand, they require of you an assertion to not allow the OG’s data / evidence on NSS. Only in your assertion can they truly benefit from their rush to judgment and not have to rely on ambiguities, innuendos, or plausible deniability.

I would caution the SEC’s hasty thinking, to at least reflect on the perception being put forth by their efforts, that by their haste and dogmatic demands, they (SEC) are perceived as acting in a manner consistent with one who is seeking some from of retribution against a whistleblower, who has reported the illegalities of their firms.

Your Honor, to not allow the NSS data to be considered, is to sanction in a round about way, continued market manipulation that serves no purpose, but to burgeoning and bloated state of malfeasance and incompetence in the market place, which we as investors we are routinely force to contend with.

I would submit your Honor, that a dismantling of CMKM by way of revocation will surely appease and serve the SEC’s agenda, but it will ultimately put a false “spin” on the matter to those outsiders looking in, that Justice was served. Will the revocation of CMKM solve the problem of investors being defrauded in the market place?

Not hardly.

It will however serve notice to the criminals, that its business as usual. In effect once the revocation is made, it announces to the criminals, that even though the State had an opportunity and a vehicle necessary to expose, identify and possibly curtail illegal market manipulation, it felt a much greater need to kill the messenger of the NSS problem, than deal with the ramifications of the NSS issue.

In closing your Honor, I would submit, that what you witnessed in your courtroom as an outpouring of the fierce loyalty from CMKM investors, was minuscule compared to the thousands more investors whose voices you haven’t heard and who will be stilled, if the SEC is granted their demand.

Please afford us the opportunity to include in the final analysis of what will be said of CMKM, that the company was also capable of exhibiting integrity and loyalty for the needs of its shareholders.

We pray that you will grant the right to move forward and file and that you will level the playing filed by addressing the NSS problem.

Respectfully,



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