The "butterfly" effect

[fastwalker]

Please excuse the crudity of my post, I had limited time to actually write and or edit it...fw.

I entitled this post the "butterfly" effect. Why? Simply as a means to express, to the SEC, the Judge and any others, who may take the time and interest to follow our plight, how the many American companies and Investors are being manipulated through the unscrupulous individuals in charge of, or operating within the within the various stock market exchanges.

Basically, I wanted to illuminate and dispel the notion that criminal activities of any type are beneficial in any circumstance. While this post is not an intended as an attack on a “specific” person or agency, I would state that I am a firm believer in the notion that if it looks, walks and quacks like a duck, then its probably a duck.

Where I take liberties to indicate that the “watchdog” of the market place has been remiss in their duties and they have offered little in the way of rational, and often unrealistic commentary on how a little larceny in the market place is “beneficial, ” I do so to demonstrate how the health and welfare of the market system, is being rendered useless.

I'm not denigrating the people of the SEC, but I feel compelled to show my contempt for those who feel and practice such an apathetic and cavalier approach to safe guarding the “public trust as allowing a "little larceny into the system.

Criminality in any form is never a good thing and should not be allowed to flourish unchecked, within any segment of a civilized society, and especially not within an open and competitive market place.

The history of Man clearly indicates that when some are confronted with a decision to simply partake of just a “taste” of a pie forbidden to them, some are not capable of containing themselves to simply accepting just a taste, but instead requires the consumption of the entire pie to satisfy their appetite.

I apologize for such a simplistic analogy, but do trust that you understand the rudimentary analogy in the manner I’ve used it, to explain a very complex issue.

I have noted on more than one occasion, that ideas set forth by some within our ranks, while may be done with good intentions, can be as insidious at creating for us problems, as problems posed by those who are truly seeking to destroy CMKX.

Consider, if you will, these thoughts that I posted just today.

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds."

Samuel Adams

"If you have nothing to offer anybody except your own confusion, then please refrain from enlightening the rest of us"

fastwalker

While these thoughts / quotes are short and precise in their presentation, some may not grasp the full implications relevant to the meaning being conveyed.

My thought and this particular post, as they are on other similar ones I have authored, are an attempt to encapsulate the notion of sensitive dependence on initial conditions in chaos theory.

By that I mean, the basic idea that a small variations in the initial conditions of a dynamical system will produce large variations in the long term behavior of the system.

Hence my usage of the "Butterfly Effect", in an attempt to realize our actions as the threshold, where it is understood to be a cause and all else the effect factor as determinants, or initial conditions.

Why choose such a topic for explaining the stocks market and CMKX’s current situation? Simply because it fully illustrates how small and apparently insignificant incidents can set in motion a chain of events with far reaching consequences.

The practical consequence of the butterfly effect as it applies to CMKX, the SEC, the Judge and the market place, is a complex interconnectivity of cause and effect actions.

However, tho their credit, the cause and effect syndrome has, as a result of the Owner’s Group (OG) and Attorney Bill Frizzle inclusion into the mix, been very instrumental in “ordering ” to some extent, the overall “Butterfly effect” relevant to the market place, by introducing a coloring of the market manipulation, by which a coloring of its appearance, has revealed the extent and complexities of people and entities involved, to force the NSS into losing it “transparency.”

All persons within the market place for any length of time, are or will have / should be familiar with the blatant wrongdoings associated with market place manipulation.

Some have reveled in the opportunity to participate in them (wrongdoings) and while we have seen many attempts by Congress to make laws and regulations to correct, steer and maintain our market place system, it is not a completely “fair and open, competitive” arena.

Those who crafted these laws and regulations have done so, by accident or design, allowed “loopholes,” which are successfully exploited by those with the “specific” industry knowledge.

While those in power, seemingly allow a blurring of the boundaries between “right and wrong” into a palatable shade of Grey, which they allow to be the "norm."

Sadly it seems, apathy has become the true currency necessary for doing business and or living in America as a business.

With regards to apathy and the failure of the SEC to "recognize" the NSS, I would like to point out one common element of Law.

Simply refusing to acknowledge a criminal act, is not the same as not actually knowing about it.

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[fastwalker]

This in my opinion, if viewed from the wise and prudent man’s perspective, means that the failure of one for an acknowledgment of a crime.... is a crime. That the refusal to acknowledge a crime being committed, actually places one in a position of aiding and abetting those committing the violations, through their actions, or in the case of non-acknowledgment...lack thereof?

These individuals who refuse to acknowledger a crime, can and should be viewed by a prudent man’s standard of measurement, which would clearly recognize that the victims of an unreported criminal act could suffer great and irreparable harm from massive violations of their rights and privileges.

Causing and or permitting a continuation of a criminal act, in my opinion, clearly indicate a willingness to sacrifice the “public trust,” in order to protect and further “a "vested" interest above that of the public at large. Where there is indicated a failure to force compliance, complicity is indicated as a willingness to participate in a cover-up, which is then viewed as the desire to ensure the guilty parties involved are held harmless.

Are these really "unbelievable” allegations? Are they simply conspiracy theory? Will has stated before, if it walks, looks and quacks like a duck.....granted they are not meant to cast aspersions on the integrity of those individuals working for the SEC, they are merely doing their jobs.

What is at fault here is obviously the "policy" mandated by someone in the "ivory tower." I have simply tried to articulate the feelings of many CMKX shareholders and to “open” dialog with the SEC in order to indicate to them, that many are viewing their actions, or lack thereof relevant to the NSS issue as highly unusual.

It is imperative that attention be drawn to the NSS matter, not necessarily as a relief for CMKX’s current plight. If that were the case, then CMKX had ample opportunity to aggressively “voice” its concern and intentions, prior to and even during the course of the hearings.

But sadly, if such opportunities were not realized and the charges of NSS were not "openly" supported by the company, then all we have has evidence was produced by the OG.

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Consider this, under federal law the allegations made in a complaint must be recognized as true for the purpose of preventing dismissal of the action.

Therefore, the burden of proof, a level consistent with a “preponderance” of evidence, must be made by the SEC in order to “make” their case. By the same token, CMKX is required to aggressively defend itself and not assume a passive posture if the Judge is to view us in a favorable light.

It is not sufficient to say, that CMKX is entitled to some immunity based on evidence not offered by CMKX prior to, or during the hearing.

A judge will not deprive the defendant of his rights to make a claim, if in fact the claim / assertions is factually supported. The only exception to a defnese by the defendent would be, if action(s) taken by a prosecutor is done maliciously, or was in excess of his authority.

Therefore, the "alledge" crimes perpetrated by the defendant can only have catastrophic consequences, if the defendant fails to sufficiently address / answer the charges against them.

Granted the NSS appears to be a conspiracy of cover up of significant proportions, which some firmly believe, has been perpetrated on CMKX by those in positions of authority

It is not unsual for a "gut check" reaction by some to blame these failings on our part, to others as a grand conspriacy of unchecked actions, of such an insidious nature, that person or persons have in fact simply misappropriated for personal gain, the “public trust,” to such an extent. I t has to be the Government.

One thing we are confident of as a group, is that someone, or may be more than one person involved in this situation (NSS), have far exceed Federal criminal satutures by a margin greater than those offenses that have seem to result in people normally being confined in federal prison.

I would ask the reader to consider this….allegations of criminal activities must be substantiated in a court of law to be effective anything / allegations that are not viewed under oath, are essentially perceived as being without merit for the court / law’s purposes.

To finish off this post, I wanted to include some DD on the Federal Crime Reporting Statute, just to enlighten those who may not be aware of the system, while also reminding those who may have forgotten.

I would first point out that our Laws and the court systems are the most important tools to fight corruption in every aspect of society, including wrongs brought by the Government against its citizens.

The question has been asked if the Judge hearing the CMKX case is subject to any laws requiring her to “report” the NSS, or if she will report it as in initiating some action?

Well, the federal crime reporting statute requires anyone knowing of a federal crime to promptly report it to a federal court (or other federal officer), and requires federal judges to receive that information and any evidence, as part of his administrative duties.

(He has no immunity for misconduct related to administrative requirement).

Title 18 U.S.C. § 4. Misprision of felony. Whoever, having knowledge of he actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Many men and women, including mothers, have been sent to federal prison for failure to report what they heard on a one-sided telephone conversation relating to drugs.

While sentencing thousands of people to federal prison in this manner, destroying their lives, the judges can simultaneously commit far worse crimes if they engage in selectively blocking the reports of far graver criminal activities that continue to inflict great harm upon the United States and its people.

A Federal Remedy against Corrupt Federal Officials is
another federal statute permits any citizen to file a lawsuit in the federal courts to obtain a court order requiring a federal official to perform a mandatory duty and to halt unlawful acts. This statute is Title 28 U.S.C. § 1361.

Title 28 U.S.C. § 1361. Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

These two statutes are among the most powerful tools in the hands of the people, even a single person, to report corrupt and criminal activities by federal officials--including federal judges--and to circumvent the blocks by those in key positions in the three branches of government.

In conclusion, I believe that the judge is fully aware of her duties to “report” and or initiate requisite actions, if the evidence submitted is of such a volatile and truthful nature, that not do so, would continue to inflict great harm upon the United States and its people.

Take care

fw