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Post by Eagle1 on Jan 22, 2006 12:37:35 GMT -5
Eagletech and CMKX----Must read!!! from Mineralsplus at pro70... Eagletech and CMKX----Must read!!! « Thread Started on Today at 12:21pm » -------------------------------------------------------------------------------- from Mineralsplus at PRO70... Eagletech and CMKX----Must read!!! « Thread Started on Today at 9:19am » -------------------------------------------------------------------------------- Revoking Eagletech Stock and Eagletechs defense for not having the ability to file with the SEC..The SEC basically had to follow the rule to revoke but Eagletech must have put up a good defense because of the following SEC Actions. Here is the litigation to revoke EagleTech: www.sec.gov/litigation/aljdec/id287jtk.htm. Here is a snipit of eagletechs defense: Affirmative Defense: Eagletech's affirmative defense cannot succeed, as a matter of law. Eagletech alleges that the price of its common stock has been the subject of two separate criminal price manipulations: first, by a group of pump-and-dump manipulators; and second, by a group of naked short-sellers. It acknowledges that the Commission and the Department of Justice have recently commenced actions against the alleged pump-and-dump manipulators.1 It asserts that the Commission has not taken appropriate action against the naked short-sellers.2 Foot Note 1: On the same day that the Commission initiated this administrative proceeding, it filed a related civil injunctive action against seventeen individuals in U.S. District Court for the District of New Jersey. See SEC v. Labella, No. 05-CIV-852 (WGB) (D.N.J.). The civil injunctive action alleges that the defendants fraudulently sold Eagletech stock between August 1999 and December 2001. As a separate matter, the U.S. Attorney for the District of New Jersey obtained indictments in January 2005 against four individuals for criminal securities manipulation activities. See United States v. Labella, No. 05-CR-87 (D.N.J.). Foot Note 2: The Commission recently adopted Regulation SHO, Short Sales, 17 C.F.R. § 242.200, to address some of the problems associated with naked short selling. Regulation SHO took effect on January 3, 2005. Eagletech contends that a decision deregistering its securities in this proceeding will have the effect of "grandfathering" all pre-Regulation SHO delivery failures by naked short sellers, who will never have to purchase shares to cover their naked short positions. This policy argument should be addressed to the Commission. I encourage everyone to read the full SEC order to get a better idea how this proceeding played out Now, Here are the actions the SEC took from above. It is good and they did followup and believe they found some real dirt. www.sec.gov/litigation/litreleases/lr19080.htmNow, here is the followup on the manipulators and how they pulled off this scheme on eagletech.. This IMO is exactly what may have happened to CMKX This gets real good on page 8......A Must read! This is how the manipulators pulled this crime off that drove eagletech to revocation and prevented eagletech from filing reports with the SEC (based on the SEC's own complaint) www.sec.gov/litigation/complaints/comp19080.pdfMy commentary: I believe Urban was caught in the middle of this same type of mess and also believe the SEC may have also been caught in the middle.I am not supporting the SEC but believe that they had to revoke in order to protect the investors, but more importantly themselves from future litigation against them if they did not revoke and knew about the crimes committed until they were able to sort out this mess. I am coming to a conclusion that UC called in the people he did because of the same type of issues that eagletech had..I never fully believed this until now! UC was caught in a catch 22 IMO. |
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