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Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 1 of 127

1 JOHN B. BULGOZDY, Cal. Bar No. 219897


E-mail: bulgozdyj@sec.gov
2 PARIS A. WYNN, Cal. Bar No. 224428
E-mail: wynnp@sec.gov
3
Attorneys for Plaintiff
4 Securities and Exchange Commission
Rosalind R. Tyson, Regional Director
5 Michele Wein Layne, Associate Regional Director
John M. McCoy III, Associate Regional Director
6 5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
7 Telephone: (323) 965-3998
Facsimile: (323) 965-3908
8
Robert H. Bretz, Cal. Bar No. 55087
9 E-mail: rhbretzpc@aol.com
10 Attorney for Defendant Marco Glisson
578 Washington Blvd., # 843
11 Marina del Rey, California 90292
Telephone: (310) 578-1957
12 Facsimile: (310) 578-5443
13
UNITED STATES DISTRICT COURT
14
DISTRICT OF NEVADA
15
16 SECURITIES AND EXCHANGE Case No. 2:09-cv-00104-LDG-GWF
COMMISSION,
17 Plaintiff,
18 JOINT PRETRIAL ORDER
vs.
19 MARCO GLISSON,
20 Defendant.
21
22
23
24
25
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1 Following pretrial proceedings in this case,


2 IT IS ORDERED:
3
4 I.
5 A. Plaintiff’s Contentions
6 This is an action for violations of the federal securities laws brought by
7 plaintiff Securities and Exchange Commission (“Commission” or “SEC”) against
8 defendant Marco Glisson (“Glisson”). Plaintiff contends that Glisson acted as a
9 securities broker and/or dealer without registering with the Commission in
10 violation of Section 15(a)(1) of the Securities Exchange Act of 1934 (“Exchange
11 Act”), 15 U.S.C. § 78o(a)(1), and in that capacity purchased and sold, and offered
12 to purchase and sell, and otherwise effected transactions in the deregistered
13 securities of CMKM Diamonds, Inc. (“CMKM”). Glisson’s purchases and sales of
14 unregistered securities of CMKM violated Section 5 of the Securities Act of 1933
15 (“Securities Act”), 15 U.S.C. § 77e.
16 In 1999, CMKM registered its securities with the Commission to allow them
17 to be listed and traded on a national securities exchange. As a publicly traded
18 company, CMKM was subject to the periodic reporting requirements of Section
19 13(a) of the Exchange Act, which are designed to provide the investing public with
20 current and accurate information about an issuer so that investors may make
21 informed decisions. However, in 2005, the Commission revoked CMKM’s
22 registration because it failed to file the periodic reports required by the Section
23 13(a) of the Exchange Act, and deregistered all classes of CMKM’s securities.
24 Glisson learned in November 2005 that CMKM stock had been deregistered
25 and delisted. Glisson understood that CMKM stock was not tradeable and he
26 could not buy it on the open market anymore. His CMKM holdings were deemed

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1 worthless. Beginning in December 2005, Glisson began operating as an


2 unregistered broker and/or dealer of CMKM stock under the name “Deli Dog.”
3 Glisson bought and sold CMKM stock for his own account as part of regularly
4 conducted business, and arranged and effected transactions in CMKM for third
5 parties. In mid-2006, when the SEC and Wisconsin state authorities contacted
6 Glisson about his activity in CMKM shares, Glisson briefly stopped his activity.
7 However, Glisson resumed his business in CMKM shares in September 2006 until
8 CMKM’s transfer agent refused to transfer certificates in April 2007. In 2010,
9 when CMKM appointed a new transfer agent, Glisson resumed his activities in
10 CMKM stock.
11 In conducting his business in CMKM securities, Glisson used the “Deli
12 Dog” name throughout 2005 through 2007. However, in late 2006, purportedly
13 because of a pending divorce, Glisson began using a Bank of America account of
14 his then girlfriend, and later wife, Thidarat Tungwongsathong
15 (“Tungwongsathong”), for his CMKM business. In late 2006 and early 2007,
16 Glisson “parked” CMKM stock and other assets with Tungwongsathong because
17 of the pending divorce. In 2010, Glisson resumed his business in CMKM stock
18 under the Deli Dog, and again used Tungwongsathong in an effort to conceal his
19 involvement.
20 During the period from December 2005 through May 2007, Glisson was
21 responsible for the sale and transfer of over 37 billion shares of CMKM securities,
22 including a single 7 billion share transaction involving Tungwongsathong. During
23 this same period, Glisson received gross proceeds from sales of CMKM stock of at
24 least $4.398 million, and expended approximately $1.4 million purchasing CMKM
25 stock, resulting in ill-gotten gains from his illegal broker-dealer business in
26 unregistered shares of CMKM of at least $2.98 million.

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1 The Commission seeks a final judgment: (1) permanently enjoining Glisson


2 from future violations of Section 5 of the Securities Act and Section 15(a)(1) of the
3 Exchange Act; (2) ordering Glisson to disgorge his ill-gotten gains of at least $2.98
4 million and prejudgment interest thereon calculated using the interest rate provided
5 in 26 U.S.C. § 6621; (3) ordering Glisson to pay a civil penalty pursuant to Section
6 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d)(3) of the
7 Exchange Act, 15 U.S.C. § 78u(d)(3); and (4) permanently barring Glisson from
8 participating in an offering of a penny stock pursuant to Section 20(g) of the
9 Securities Act, 15 U.S.C. § 77t(g).
10 B. Defendant’s Contentions
11 Defendant Glisson contends that there is no factual or legal basis for the
12 Plaintiff's contention that Glisson was in the business of providing securities broker
13 or dealer services and was therefore required to register as such with the SEC
14 under Section 15(a)(1) of the Securities Exchange Act of 1934 - - which is the
15 "linch-pin" underlying the Plaintiff's technical broker-dealer and securities
16 "registration" claims against Glisson. The Plaintiff is not alleging any fradulent or
17 deceptive action or conduct by Glisson.
18 Glisson was a private investor buying and selling CMKM securities for his
19 own account with other CMKM shareholders on a one-on-one basis. Glisson had
20 no relationship to CMKM or any of its officers, directors or affiliated persons.
21 Glisson never held himself out to any one as being a broker-dealer or any kind of
22 investment advisor, and he never provided any such services to any one. None of
23 the securities that Glisson bought or sold were "deregistered" securities under
24 Section 12 of the Exchange Act as a result of the revocation by the SEC of
25 CMKM's registration of its classes of securities under the Exchange Act. After
26 such revocation (or delisting), all shares of CMKM stock previously issued and

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1 outstanding remained validly issued and outstanding, fully paid and non-
2 assessable; and otherwise "free trading" shares in private transactions between and
3 among CMKM stockholders.
4 Glisson's offer and sale of CMKM stock was also exempt from registration
5 under Section 5 of the Securities Act of 1933 by virture of applicable exemptions
6 for persons who are not acting as the issuer, underwriter or dealer for such
7 securities offering (which is the reason Plaintiff seeks to classify the Defendant as
8 a securities "dealer" for purposes of this action).
9 The Plaintiff's contentions try to create the illusion that Glisson acted in a
10 deceptive manner which was not the case (the Complaint makes no such
11 allegations or claims). The Plaintiff's descriptions of the magnitude of Glisson's
12 trading in CMKM are all inflated and deceptive (and need to be understood in
13 context including that there were at least 703 Billion – that’s 703,000,000,000 –
14 shares of CMKM stock issued and outstanding during the relevant time). As an
15 investor (not a dealer), Glisson made a profit as a result his purchases and sales of
16 CMKM stock over a multi-year period, but such activity did not violate any
17 Federal securities laws because Glisson was not in the business of providing
18 services as a securities dealer. He was a private investor trading for his own
19 account, and he made some money.
20 There is no basis for the injunctive or other relief sought by the Plaintiff. In
21 light of the technical nature of the Plaintiff’s broker-dealer non-registration claim,
22 the monetary relief sought by the Plaintiff, including disgorgement of “ill gotten”
23 gains, prejudgment interest and high level fines (based on intentional or reckless
24 wrongdoing), are extreme, excessive and inappropriate.
25 ///
26 ///

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1 II.
2 Statement of jurisdiction: This Court has jurisdiction over this action
3 pursuant to Sections 20(b), 20(d)(1) and 22(a) of the Securities Act, 15 U.S.C. §§
4 77t(b), 77t(d)(1) & 77v(a) and Sections 21(d)(1), 21(d)(3)(A), 21(e) and 27 of the
5 Exchange Act, 15 U.S.C. §§ 78u(d)(1), 78u(d)(3)(A), 78u(e) & 78aa. Defendant
6 Glisson, directly or indirectly, made use of the means or instrumentalities of
7 interstate commerce, of the mails, or of the facilities of a national securities
8 exchange in connection with the transactions, acts, practices, and courses of
9 business alleged in this Complaint. Specifically, Glisson offered to buy and sell
10 shares of CMKM securities in interstate commerce; Glisson communicated with
11 purchasers and sellers of CMKM securities in interstate commerce; and Glisson
12 consummated the purchase and sale of CMKM securities in interstate commerce
13 using the mails and the wire transfer facilities of banking institutions.
14
15 III.
16 The following facts are admitted by the parties and require no proof:
17 1. During 2005 through October 2006, Glisson was a resident of
18 Janesville, Wisconsin. At the time, Glisson was married to Alma Padilla. Glisson
19 was divorced from Alma Padilla on April 12, 2007.
20 2. During 2005 through October 2006, Padilla owned, or co-owned with
21 Glisson, a restaurant located in Janesville, Wisconsin named the “Deli Dog
22 House.” While working as an assembly line worker at General Motors, Glisson
23 worked part-time at the Deli Dog House in 2005 through August 2006. After
24 Glisson’s retirement from General Motors in August 2006, he worked full-time at
25 the Deli Dog House restaurant in Janesville until October 2006.
26 3. Glisson started using “delidoghouse@hotmail.com” as his email

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1 address in 2001, and has continued to use this address into 2011.
2 4. In October 2006, Glisson separated from Alma Padilla and moved to
3 Las Vegas, Nevada. Glisson resided in Nevada from October 2006 through at least
4 January 2007. Glisson lived in at 2200 S. Fort Apache Road, Apt. 2017, Las
5 Vegas, Nevada.
6 5. In October 2006, Glisson was introduced to Thidarat
7 Tungwongsathong (“Tungwongsathong”) at a Starbucks in Las Vegas, Nevada.
8 Tungwongsathong was a Thai national who had lived in the United States during
9 various periods prior to 2006, and was living in Las Vegas when she met Glisson.
10 When Tungwongsathong met Glisson, she was not working.
11 6. Shortly after meeting in October 2006, Glisson and Tungwongsathong
12 began dating. In November 2006, Tungwongsathong moved into Glisson’s
13 apartment located at 2200 S. Fort Apache Road, Apt. 2017, in Las Vegas.
14 7. While residing in Nevada in late 2006, Glisson rented a mailbox
15 located at a UPS store at the address 9030 West Sahara Avenue, Box 141, Las
16 Vegas, Nevada, where he received his mail, including mail relating to transactions
17 in CMKM securities.
18 8. In January 2007, when he was in California, Glisson rented a mailbox
19 located at a UPS store to receive his mail, including mail relating to transactions in
20 CMKM securities, at the address 555 North El Camino Real, San Clemente,
21 California.
22 9. In the period from January 2007 through April 2007, Glisson and
23 Tungwongsathong traveled, vacationed, and then moved to Florida by April 2007.
24 10. In or around April 2007, Glisson moved to Naples, Florida, where he
25 resided with Tungwongsathong at 4893 Pepper Circle, Naples, Florida. On May 7,
26 2007, Glisson married Tungwongsathong in Naples, Florida. Tungwongsathong

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1 has resided at the Pepper Circle address continually since April 2007. Glisson has
2 lived at both the Pepper Circle address and at 27973 Pinecrest Lane, Bonita
3 Springs, Florida.
4 11. Glisson rented a mailbox in Florida to receive his mail, at the address
5 3823 Tamiami Trail East, #567, Naples, Florida 34112-6224.
6 12. Glisson has one sibling named Luther Webster, who resides in
7 Romeoville, Illinois. Luther’s spouse is named Betty Webster. Glisson has two
8 nephews, Charles K. Webster and Glenn A. Webster. Glisson has one son named
9 Allan Ray Glisson (deceased), and one daughter Marcy Lynn Glisson.
10 13. CMKM was at all relevant times a Nevada corporation headquartered
11 in Las Vegas that reported it acquired and developed mining properties in North
12 and South America. From 1999 through October 28, 2005, CMKM’s stock was
13 registered with the Commission pursuant to Section 12(g) of the Exchange Act and
14 was quoted on the “OTC Pink Sheets.” During this period of time, individuals
15 could and did buy and sell shares of CMKM through registered brokers such as
16 Ameritrade and E-Trade.
17 14. During the period 2005 through April 9, 2007, 1st Global Stock
18 Transfer LLC (“1st Global”) was the transfer agent for CMKM stock.
19 15. On March 14, 2005, CKMK filed a report with the SEC on Form 8-K,
20 pursuant to the provisions of the Exchange Act, which among other things, stated
21 that there were 703,518,875,000 shares of CMKM common stock issued and
22 outstanding to approximately 2,032 shareholders of record. (Exhibit 400.)
23 16. Sometime after April 2004, Glisson became aware of CMKM through
24 the Internet.
25 17. Sometime after April 2004, Glisson became a CMKM shareholder by
26 purchasing CMKM securities in his account with Ameritrade.

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1 18. Glisson monitored the performance of his CMKM securities via the
2 Internet and CMKM press releases.
3 19. Since around April 2004, Glisson visited and participated in Internet
4 “chat rooms” that discussed CMKM and its business, and he met people online
5 who owned or were interested in CMKM through his participation in various
6 CMKM chat rooms.
7 20. During 2005 through 2007, Glisson used the screen name “Deli Dog”
8 or “Deli” when visiting and participating in chat rooms relating to CMKM.
9 21. From December 2005 through April 2007, Glisson bought and sold
10 CMKM stock in transactions with individuals in the United States, Canada, and
11 Europe, and Glisson obtained proceeds from the sale of such CMKM stock.
12 22. During the period from December 2005 through May 2006, Glisson
13 sometimes used written agreements to set forth the terms of his purchases of
14 CMKM stock, which were titled “Stock Sell-Purchase Agreement.” Also during
15 this period, Glisson had some sellers execute letters waiving all rights to any
16 dividends or cash settlements associated with the CMKM stock he was purchasing
17 from them.
18 23. Glisson sometimes paid for his purchase of CMKM stock using wire
19 transfer facilities.
20 24. For the period between December 2005 through April 2007, when
21 Glisson was contacted by a prospective purchaser of CMKM stock, Glisson
22 typically provided such prospective purchasers with (1) his contact information, (2)
23 a price schedule for CMKM securities setting prices of between $0.0003 to
24 $0.00025 per share depending on the number of shares being purchased, and (3)
25 payment instructions including wire transfer information and an address for
26 mailing payment.

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1 25. After Glisson received a communication from a person who wanted to


2 purchase CMKM securities, Glisson required payment before consummating the
3 transaction.
4 26. Typically, after receiving payment, Glisson sent a letter of instruction
5 to the transfer agent to cancel one certificate and issue new certificates to the
6 purchasers of such stock per Glisson’s letter of instruction. The transfer agent
7 usually was asked to send the newly issued certificates to Glisson, or to hold them
8 for pick-up.
9 27. From December 2005 through April 2007, Glisson sent instructions to
10 1st Global using Federal Express or U.S. Mail overnight services. 1st Global
11 charged Glisson a fee of between $16.50 and $17.50 for each certificate that
12 Glisson requested be cancelled, and between $16.50 and $17.50 for each new
13 certificate that Glisson had issued.
14 28. When Glisson received the CMKM stock certificates from the transfer
15 agent, he made a copy and then sent the stock certificates to the buyers. Glisson
16 also filled out a CMKM Task Force registration form for each new certificate, and
17 when he got a large amount of such forms, Glisson put the CMKM Task Force
18 registration forms into an envelope and shipped them to the CMKM Task Force.
19 29. The CMKM Task Force recorded owners of CMKM certificates in an
20 effort to confirm the CMKM shares that were validly issued and outstanding.
21 30. Exhibits 4-1 to 4-22 and 35-1 to 44 are letters of instruction Glisson
22 sent to 1st Global Stock Transfer for purposes of purchases and/or sales of CMKM
23 stock.
24 31. As shown by Exhibits 35-1 to 35-44, between December 9, 2005 and
25 May 11, 2006, Glisson sent 45 letters of instruction to 1st Global to issue CMKM
26 certificates to persons purchasing CMKM stock. These letters of instruction

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1 resulted in the issuance of approximately 204 certificates for CMKM stock to


2 persons other than Glisson. (See Exhibits 35-1 to 35-44.)
3 32. In December 2005, Glisson had an interest in accounts at Blackhawk
4 Community Credit Union (“Blackhawk”), Account No. ##8307 where Glisson was
5 the primary on such account held jointly with Alma Padilla (“8307 Account”).
6 The 8307 Account was closed on May 11, 2006, and Account No. ##7650 was
7 opened that same day as Glisson’s separate account (“7650 Account”).
8 33. Glisson made or caused to be made deposits and withdrawals into the
9 8307 Account, and, at various times and for various reasons, to the other accounts
10 at Blackhawk in which his wife held an interest.
11 34. In late 2006 through at least May 2007, Tungwongsathong had two
12 accounts at Bank of America (“BofA”): (1) Interest Checking Account, Account
13 No. #### #### 3830 (“BofA 3830 Account”); and (2) Balance Rewards Money
14 Market, Account No. #### #### 9145 (“BofA 9145 Account”).
15 35. Glisson tried to make a profit when he bought and/or sold CMKM
16 securities.
17 36. In late 2005 and early 2006, Glisson calculated profit and/or loss on
18 purchases and sales of CMKM shares and recorded these calculations on Deli Dog
19 House memo pads.
20 37. Except as alleged in the Complaint in this action, Glisson never had
21 any kind of regulatory history (no cease and desists, investigations, complaints
22 including regulatory proceedings, judgments, injunctions) involving any securities
23 of any company.
24 38. During the period at issue from 2005 through 2007, Glisson bought
25 and sold CMKM stock in interstate commerce, and used means and
26 instrumentalities of interstate commerce to effect such transactions.

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1 39. Glisson has never registered, or applied to be registered, with the SEC
2 as a securities broker or dealer.
3 40. Glisson has never been employed by a registered broker or dealer.
4 41. During the time period relative to the Commission’s Complaint in this
5 action, Glisson was not an officer or director of CMKM.
6 42. The Commission’s action against Glisson does not allege any
7 violations of the antifraud provisions of the federal securities laws.
8
9 IV.
10 The following facts, though not admitted, will not be contested at trial by
11 evidence to the contrary:
12 A. Plaintiff’s Facts Not Admitted and Not Contested
13 1. On March 3, 2005, the Commission issued an Order of Suspension of
14 Trading pursuant to Section 12(k) of the Securities Exchange Act of 1934, which
15 suspended trading in the securities of CMKM Diamonds, Inc., a/k/a Casavant
16 Mining Kimberlite International, Inc., for a period from March 3, 2005 through
17 March 16, 2005. The Order recited that questions had been raised “about the
18 adequacy of publicly available information concerning, among other things,
19 CMKM Diamonds’ assets and liabilities, mining and other business activities,
20 share structure and stock issuances, and corporate management. Since the fiscal
21 year ending December 31, 2002, CMKM Diamonds has been delinquent in its
22 periodic filing obligations under Section 13(a) of [the Exchange Act]. The
23 Commission is concerned that CMKM Diamonds may have unjustifiably relied on
24 a Form S-8 to issue unrestricted shares. The Commission is also concerned that
25 CMKM Diamonds and/or certain of its shareholders may have unjustifiably relied
26 on Rule 144(k) of the [Securities Act] in conducting an unlawful distribution of its

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1 securities that failed to comply with the resale restrictions of Rules 144 and 145 of
2 the Securities Act.” (See Exhibits 401 & 402.)
3 2. On March 16, 2005, the Commission issued an Order Instituting
4 Administrative Proceeding and Notice of Hearing Pursuant to Section 12(j) of the
5 Securities Exchange Act of 1934 in the Matter of CMKM Diamonds, Inc.,
6 Respondent. (Exhibit 403.)
7 3. On July 12, 2005, an administrative law judge issued an Initial
8 Decision in the Matter of CMKM Diamonds, Inc., which after reciting factual and
9 legal findings, ordered that “pursuant to Section 12(j) of the Securities Exchange
10 Act of 1934, the registration of each class of securities of CMKM Diamonds, Inc.
11 is hereby REVOKED.” (emphasis in original). (Exhibit 404.)
12 4. On October 28, 2005, the Commission issued an Order which made
13 final the initial decision of the administrative law judge. The October 28, 2005
14 Order stated: “Notice is hereby given that the initial decision of the administrative
15 law judge has become a final decision of the Commission with respect to CMKM
16 Diamonds, Inc. The order contained in that decision revoking the registration of
17 the securities of CMKM Diamonds, Inc. is hereby declared effective.” Thus, the
18 registration of each class of CMKM securities was revoked. (Exhibit 5.)
19 5. At all times subsequent to October 28, 2005, CMKM has not had a
20 registration statement filed and declared effective under the Securities Act or the
21 Exchange Act.
22
23 V.
24 The following are the issues of fact to be tried and determined upon trial.
25 (each issue of fact must be stated separately and in specific terms).
26 ///

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1 A. Plaintiff’s Contested Facts


2 1. Glisson first purchased CMKM securities in his Ameritrade account
3 sometime in 2004. After his first purchase, Glisson sold CMKM securities in his
4 Ameritrade account when the price went up, and purchased CMKM securities in
5 his Ameritrade account when the price went down. Glisson tried to “flip the
6 stock,” selling when the stock went up a little bit, and buying when the stock went
7 back down.
8 2. Glisson met Urban Casavant, the Chief Executive Officer of CMKM,
9 on several occasions in 2004 and 2005, in Las Vegas and Chicago, at IHRA race
10 functions. For the Chicago CMKM function in 2004, Glisson catered the food for
11 that weekend.
12 3. At some point in 2005, Ameritrade stopped executing transactions in
13 CMKM securities. After Ameritrade stopped executing transactions in CMKM
14 securities, Glisson opened an account at E-Trade and began trading CMKM in his
15 E-Trade account. Subsequently, in 2005, E-Trade stopped executing trades in
16 CMKM securities.
17 4. In or around November 2005, Glisson learned that CMKM’s
18 registration was revoked and it was delisted from trading. Glisson understood that
19 when CMKM was delisted that CMKM securities were not tradeable. They could
20 not be bought and sold on the open market anymore.
21 5. Glisson learned that CMKM’s registration was revoked on the day it
22 was posted, through the Internet.
23 6. After CMKM’s registration was revoked and CMKM securities were
24 delisted, Glisson could not buy or sell CMKM through his accounts at Ameritrade
25 or E-Trade. CMKM securities could not be bought or sold on any national
26 exchange. Glisson’s CMKM holdings were deemed worthless as far as he knew.

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1 7. Beginning in December 2005, through at least April 2007, Glisson


2 bought and sold CMKM securities for his own account as part of a regularly
3 conducted business activity, and brokered transactions in CMKM securities for
4 third parties as part of a regularly conducted business activity. Glisson operated as
5 an unregistered securities broker and/or dealer who made a market in unregistered
6 CMKM securities. Glisson used the Internet as a means of identifying buyers and
7 sellers. Glisson used means and instrumentalities of interstate commerce to effect
8 transactions in CMKM stock.
9 8. In December 2005, Glisson contacted 1st Global, which was
10 CMKM’s transfer agent, and asked if the firm was willing to perform transfer
11 agent services for him with respect to purchases and sales of CMKM stock.
12 Glisson spoke to Helen Bagley, whom he knew as the owner of 1st Global. In
13 response to Glisson’s request, 1st Global agreed to cancel and re-issue CMKM
14 stock certificates in accordance with Glisson’s instructions.
15 9. Glisson did not consult with an attorney for advice about whether it
16 was legal to purchase and sell CMKM stock before he began to engage in
17 transactions in CMKM stock in December 2005. Glisson did not consult with an
18 attorney for advice about whether it was legal to purchase and sell CMKM at any
19 time thereafter through at least August 2007.
20 10. Beginning in December 2003 through at least August 2007, Glisson
21 visited Internet chat rooms where CMKM was discussed. Glisson used the alias
22 “Deli Dog” when visiting various chat rooms. Glisson found buyers and sellers of
23 CMKM securities through his visits to various chat rooms from December 2005
24 through April 2007.
25 11. Glisson went to the chat room Pal Talk, which has multiple “rooms.”
26 Glisson regularly visited Pal Talk rooms called “Pro CMKX” and “The Belgium’s

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1 Room,” and other chat rooms, where he exchanged posts about CMKM. Glisson
2 visited another chat room named “Pro Board,” where he also used the alias “Deli
3 Dog.” Glisson also visited a chat room named “Willy Wizard’s Underground,”
4 where he used the alias “Deli Dog” and participated in chats relating to CMKM
5 securities.
6 12. In the Internet chat rooms, Glisson posted that he was buying and
7 selling CMKM stock, and posted his telephone number. Persons who wanted to
8 talk to Glisson about the purchase and sale of CMKM stock usually called Glisson
9 or sent him an email to inquire about his interest in and the terms of any such
10 transaction.
11 13. During the period between December 2005 and at least August 2007,
12 Glisson talked to CMKM shareholders every day. Every day, Glisson met with
13 CMKM shareholders face to face, on the computer, on the telephone. Everywhere
14 Glisson went he met with CMKM shareholders. When Glisson gathered with other
15 CMKM shareholders they talked about CMKM shareholders, meetings, and about
16 the company.
17 14. People who wanted to sell their CMKM shares contacted Glisson
18 through Pal Talk, Internet, e-mail, and telephone. Glisson posted his telephone
19 number on the Internet and made it known that he was willing to purchase CMKM
20 shares. There was a board called the “66 Board” that Glisson called “bashers.”
21 These were people who wanted to sell their CMKM stock. Glisson purchased
22 stock from people on the “66 Board.”
23 15. During the period from December 2005 through April 2007, Glisson
24 typically offered to buy CMKM stock for “trip one,” or $0.0001 per share.
25 However, Glisson also paid “trip two” ($0.0002) up to “trip five” ($0.0005) for
26 deregistered CMKM stock during this period.

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1 16. Before buying deregistered CMKM stock in 2005-2007, Glisson


2 verified with 1st Global that the certificate was valid.
3 17. During the period from December 2005 through May 2006, Glisson
4 used written agreements to set forth the terms of his purchases of CMKM stock,
5 which were titled “Stock Sell-Purchase Agreement.” (See, e.g., Exhibits 309, 310,
6 311, 312, 313, 314, 319, 321, 322, 325, 327, 328, 329.) Also during this period,
7 Glisson had some sellers execute letters waiving all rights to any dividends or cash
8 settlements associated with the CMKM stock he was purchasing.
9 18. After verifying that the certificate was valid, Glisson instructed the
10 seller to send him the certificate and Glisson sent the money, either by cashier’s
11 check or by wire. Glisson wired the money from whatever financial institution he
12 was working out of at the time, either Blackhawk or Bank of America.
13 19. Glisson charged a $50 fee for each CMKM certificate that he sold,
14 during all relevant periods, including December 2005 through April 2007, and
15 2010.
16 20. In December 2005, there were approximately five accounts at
17 Blackhawk Community Credit Union (“Blackhawk”) associated with either
18 Glisson, Padilla, or Deli Dog House. In May 2006, Glisson closed one of the
19 accounts and opened a new account. Of these accounts, transactions related to
20 CMKM securities occurred in three accounts: (1) Account No. ##8307, primary
21 account holder Marco Glisson, held jointly with Alma Padilla (“8307 Account”);
22 (2) Account No. ##3788 held in the name of Alma Padilla (“3788 Account”); and
23 (3) Account No. ##7650 held in the name of Marco Glisson (“7650 Account”).
24 21. Glisson closed the 8307 Account in May 2006 because he was
25 separating from his wife, Padilla, who was listed as a joint owner of the account.
26 Glisson opened the 7650 Account on the same date that he closed the 8307 Account.

16
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1 22. Glisson directed deposits and withdrawals into the 8307 Account,
2 3788 Account, and 7650 Account, relating to purchases and sales of CMKM
3 securities.
4 23. Beginning in December 2005 through at least November 2006,
5 Glisson instructed persons who purchased CMKM stock from him to wire funds to,
6 at various times, the 3788 Account, the 8307 Account, and after May 2006, the
7 7650 Account. In accordance with Glisson’s instructions, individuals who
8 purchased CMKM securities from Glisson during this period wired funds into the
9 accounts Glisson specified, or sent checks to Glisson which were then deposited
10 into one of the three accounts.
11 24. Exhibit 16, prepared by Blackhawk, shows wire transfers into and out
12 of the 3788 Account, 8307 Account, and 7650 Account, during the period from
13 December 2, 2005 through January 22, 2007.
14 25. Most of the incoming wire transfers shown on Exhibit 16 are from
15 persons who purchased CMKM shares from Glisson. Exhibit 16 lists
16 approximately 497 wire transfers into the three accounts, which total
17 $1,960,844.60. These incoming wire transfers are proceeds from Glisson’s sale of
18 CMKM shares.
19 26. Glisson used funds from the three accounts included in Exhibit 16 to
20 purchase CMKM shares from third parties. Exhibit 16 lists approximately 56
21 separate wire transfers out of the three accounts, which total $1,522,632.00.
22 27. Tungwongsathong was not employed while she resided in Las Vegas.
23 28. In August 2006, Tungwongsathong opened two bank accounts at
24 Bank of America in Las Vegas: (1) the BofA 3830 Account, and (2) the BofA
25 9145 Account, which were designated as “Individual” accounts.
26 29. In or around November 2006, Tungwongsathong designated Glisson

17
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1 as Payable on Death (“POD”) beneficiary of both accounts. At about the same


2 time, Tungwongsathong changed the address for the account statements to the
3 address of Glisson’s apartment in Las Vegas, at 2200 S. Fort Apache Rd., Apt.
4 2017, Las Vegas, Nevada. (Exhibit 49.) Shortly after Tungwongsathong changed
5 the designation and address on her accounts, Glisson transferred $105,000 from his
6 7650 Account at Blackhawk to the BofA 9145 Account.
7 30. In November 2006, Glisson saw an article in the Janesville Gazette
8 entitled “Woman Reports Fraud,” which referenced Glisson’s transactions in
9 CMKM stock.
10 31. In the period after Glisson met Tungwongsathong in 2006 and 2007,
11 Tungwongsathong performed clerical work for Glisson in connection with his
12 CMKM transactions, such as dropping off and picking up mail.
13 32. In late 2006, Glisson transferred CMKMK shares to
14 Tungwongsathong, and then he sold those securities. Tungwongsathong did not
15 ask Glisson to sell the CMKM stock held in her name. Glisson thought they had
16 too many CMKM shares and it would be best to sell some of the shares they had,
17 and so Glisson decided to sell some of the shares held in Tungwongsathong’s
18 name. Around January 2007, Glisson had 11 billion (11,000,000,000) shares of
19 CMKM stock.
20 33. Glisson used Tungwongsathong’s name to conduct his unregistered
21 securities business and hold assets in order to avoid large tax liabilities that he
22 owed to the IRS.
23 34. Beginning in November 2006, Glisson instructed persons who
24 purchased CMKM stock from him to make payments to Tungwongsathong by
25 check or money order, or to wire funds to Tungwongsathong. In accordance with
26 Glisson’s instructions, individuals who purchased CMKM securities from Glisson

18
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1 during this period sent payments as Glisson specified. These payments were
2 deposited into the BofA 9145 Account, which was POD Glisson.
3 35. Beginning in or about November 2006, Glisson instructed persons to
4 whom he sold CMKM stock to write checks payable to Tungwongsathong for their
5 purchases. Upon receipt of those checks, Glisson caused the checks to be
6 deposited into the BofA 9145 Account, which was POD Glisson.
7 36. Between November 2006 through May 2007, numerous deposits were
8 made into the BofA 9145 Account by Glisson, or at his direction, of checks and
9 money orders that were received through the mail from people who were
10 purchasing CMKM stock from Glisson. (See, e.g., Exhibits 49, 50, 51, 57, 58, 59,
11 60, 61, 62, 63, 64, 65, 66, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 82, 85, 86,
12 87, 88, 89, 90, 91, 92, and 93.) In addition, at Glisson’s direction, at least two
13 people who purchased CMKM securities from Glisson were instructed by him to
14 wire funds into the BofA 9145 Account. (See, e.g., Exhibit 68.)
15 37. From November 17, 2006 through June 12, 2007, total deposits into
16 the BofA 9145 Account are $2,437,881.18. (See, e.g., Exhibits 49, 51, 57, 68, 75,
17 79, 82.)
18 38. At least from December 2005 through May 2006, and September
19 2006 through April 2007, Glisson regularly communicated with the transfer agent
20 for CMKM, 1st Global, through the mails and using the telephones, for the purpose
21 of transferring CMKM shares to his purchasers. (See, e.g., Exhibits 4-1 to 4-22;
22 Exhibits 35-1 to 35-44.) During part of this period, Glisson also regularly dropped
23 off and picked up certificates from 1st Global’s offices.
24 39. Glisson’s letters of instruction to 1st Global during the period from
25 December 2005 through May 2006 include transactions where Glisson arranged
26 CMKM stock transactions between individuals, as well as instances where Glisson

19
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1 sold his own shares from his inventory.


2 40. As shown by Exhibits 4-1 to 4-22, between October 16, 2006 and
3 January 16, 2007, Glisson sent 22 letters of instruction to 1st Global to issue
4 CMKM certificates to persons purchasing CMKM stock from Glisson and/or for
5 whom Glisson arranged CMKM stock transactions. These letters of instruction
6 resulted in the issuance of approximately 1,366 certificates for CMKM stock to
7 persons other than Glisson and Tungwongsathong. (See Exhibits 4-1 to 4-22.)
8 41. From December 2005 through May 2006, and from September 2006
9 to May 2007, Glisson regularly communicated with purchasers and sellers of
10 CMKM stock using the Internet, telephones, and the mails. (See, e.g., Exhibits 4-
11 3, 12, 13, 18, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 36, 38, 39, 40, 41, 42,
12 43, 44, 45, 157-261, 307-330.)
13 42. In September 2006, Glisson entered CMKM related Internet chat
14 rooms and posted messages stating that he would not cease his purchases and sales
15 of CMKM securities absent a court order.
16 43. In or around April 2007, 1st Global stopped performing transfer agent
17 services for CMKM, effectively halting transfers of CMKM shares through the
18 cancellation and issuance of CMKM certificates. Glisson was informed that 1st
19 Global would no longer perform transfer agent services for him.
20 44. Between December 2005 and May 2007, Glisson received gross
21 proceeds from sales of CMKM stock of at least $4,398,725.78.
22 45. Between December 2005 and May 2007, Glisson expended
23 approximately $1,417,632 to purchase CMKM stock.
24 46. Between December 2005 and May 2007, Glisson netted at least
25 $2,981,093.78 from his sales of CMKM securities.
26 47. In 2008, Glisson and Tungwongsathon physically separated and

20
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1 Glisson established a separate residence at 27973 Pinecrest Lane, Bonita Springs,


2 Florida. However, Glisson continued to use Tungwongsathong’s name and
3 accounts to conduct business and hold assets.
4 48. In 2010, Glisson resumed his activities as an unregistered dealer in
5 CMKM securities, and sold CMKM securities for his own account as part of a
6 regularly conducted business activity. Glisson used means and instrumentalities of
7 interstate commerce to effect transactions in CMKM stock.
8 49. In 2010, Glisson continued to use “Deli Dog” as his alias when he
9 posted in Internet chat rooms about CMKM, and used the Deli Dog email address
10 when communicating with people who wanted to buy CMKM stock from him.
11 50. In April 2010, CMKM contracted with Transfer Online to perform
12 transfer agent services for CMKM stock, which allowed for the cancellation and
13 issuance of CMKM securities held in certificate form.
14 51. In connection with his 2010 CMKM sales, Glisson corresponded via
15 email with prospective purchasers of CMKM securities. (See Exhibits 127 and
16 140.) Glisson sent, or caused to be sent, communications to CMKM’s new transfer
17 agent, Transfer Online, which contained instructions for the transfer of CMKM
18 shares to third parties. (See, e.g., Exhibits 97 to 110.)
19 52. In 2010, Tungwongsathong had three bank accounts at Sun Trust Bank
20 in Florida: (1) Account No. #########8392 (“ST 8392 Account”); (2) Account
21 No. #########8651 (“ST 8651 Account”); and (3) Account No. #########2437
22 (“ST 2437 Account”). Glisson was designated as a Payable on Death (“POD”)
23 beneficiary on each of the accounts. The ST 8392 Account and ST 8651 Account
24 were both active as of May 2008. The ST 2437 Account was opened in or around
25 July 15, 2010. The address on the statements for all three accounts was 3823
26 Tamiami Trail East, #567, Naples, Florida 34112-6224, which was a rented

21
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1 mailbox Glisson used to receive his mail. (See Exhibits 406-1 to 406-6.)
2 53. For most of his sales of CMKM stock in 2010, Glisson directed
3 purchasers to make payments to Tungwongsathong.
4 54. Glisson deposited, or caused to be deposited, proceeds from 2010
5 sales of CMKM stock into the ST 8651 Account.
6 55. During the period from April 14, 2009 through April 13, 2010, there
7 was very little activity in the ST 8651 Account. Account statements show a
8 beginning balance as of April 14, 2009, in the amount of $1,157.26, and an ending
9 balance as of April 13, 2010 of $129.98. During the year April 14, 2009 through
10 April 13, 2010, total monthly deposits into the account were never more than
11 $350.00.
12 56. Beginning with the statement for period April 14, 2010 through May
13 13, 2010, through at least October 14, 2010, there was substantial activity in the ST
14 8651 Account that was related to Glisson’s dealing in CMKM securities. Between
15 April 14, 2010 and October 14, 2010, total deposits into the ST 8651 Account were
16 approximately $1,626,399.05. A substantial amount of those deposits were from
17 Glisson’s dealing in deregistered CMKM stock.
18 57. On or about September 15, 2010, bank records show that $359,900
19 was withdrawn in “over-the-counter withdrawals” from the 8651 Account.
20 Between September 16 and September 30, 2010, additional withdrawals were
21 made from the 8651 Account, each under $10,000, until the 8651 Account was
22 closed on September 30, 2010.
23 58. In 2010, Glisson regularly used the Internet, telephones, and mail to
24 communicate with purchasers of CMKM securities. (See, e.g., Exhibits 127 and 140.)
25 59. In 2010, Glisson regularly communicated with the new transfer agent
26 for CMKM, Transfer Online, using the mails, Internet, and telephone, to transfer

22
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1 CMKM shares to those who purchased from him.


2 60. In or around April 2010, Glisson admitted to a third party: that he sold
3 over $200,000 of CMKM stock in a single week; he wanted to “dump” some of his
4 CMKM stock while there was some excitement about a lawsuit that had been filed
5 by some CMKM shareholders; that he was in the business of selling CMKM
6 securities; and that he needed a place to “park” $400,000.
7 61. In late 2006, Glisson “parked” large amounts of CMKM stock with
8 Tungwongsathong because he was in the process of divorcing Padilla.
9 62. In late 2006, Glisson transferred a large amount of cash from his
10 account at Blackhawk to Tungwongsathong’s BofA 9145 Account.
11 63. During the period 2005-2007, Glisson posted in Internet chat rooms
12 and expressed the opinion to potential purchasers of CMKM that it was the stock
13 of a lifetime and a great opportunity, or that once they bought and the shares were
14 registered with the CMKM Task Force, they just had to sit back and wait for the
15 assets to be distributed.
16 64. During the period 2005-2007, Glisson told prospective purchasers that
17 time may be running out because a cash payout might happen in the next 30 to 60
18 days, or that time was running out, or that he was getting low on shares. Glisson
19 told prospective purchasers in early 2006 to expect a payout in May or June.
20 65. During the period 2005-2007, Glisson told prospective purchasers that
21 the more CMKM shares they purchased, the better price he would give them.
22 66. Some of the people to whom Glisson sold CMKM stock in 2005-2007
23 were people whom Glisson did not know and never met.
24 67. Some of the people from whom Glisson purchased CMKM shares were
25 people whom Glisson did not deal with directly. For example, Glisson purchased
26 shares held in the name of a third party, Monte Verde Holdings and/or Rendal

23
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1 Williams, whom Glisson did not know and to whom he never spoke. Glisson
2 purchased the Monte Verde/Rendal Williams shares from Steven Brewer. Glisson
3 knew that Rendal Williams was the officer of a joint venture partner of CMKM.
4 68. On two separate occasions, in connection with the Commission’s
5 requests for the production of documents, Glisson has claimed that he was unable
6 to produce documents because of computer problems. Glisson claimed that his
7 computers malfunctioned which made it difficult or impossible to retrieve
8 responsive documents. Glisson also claimed that his computers were stolen which
9 made it impossible to produce responsive documents. With regard to the stolen
10 computers, Glisson never filed a police report reporting a stolen computer.
11 69. In 2007, Glisson and Tungwongsathong purchased shares in
12 Wordsmith Media, Inc. (“Wordsmith”). On or about August 13, 2010, Wordsmith
13 announced that it had received approval from the Financial Industry Regulatory
14 Authority (“FINRA”) to quote its common stock on the “OTC Pink Sheets” under
15 the ticker symbol WDIS.
16 70. At all times from December 2005 through 2010, there was no
17 registration statement in effect for any of the stock bought and sold by Glisson.
18 71. In 2005 or 2006, Glisson filled out forms to register to buy and sell
19 CMKM securities in various states. Glisson received the forms from someone he
20 met over the Internet, and sent them back to the individual. Glisson does not know
21 if the forms were ever filed. Glisson communicated with this individual by
22 telephone and e-mail.
23 72. On May 2, 2003, CMKM filed a registration statement on Form S-8,
24 pursuant to the provisions of the Securities Act of 1933, registering 1,060,000,000
25 shares of common stock. (Exhibit 399.)
26 ///

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1 B. Defendant’s Contested Facts


2 1. Glisson was introduced to CMKM as a possible investment
3 opportunity in approximately April 2004; and, thereafter, he bought some CMKM
4 stock using his Ameritrade account which he had opened in Janesville, Wisconsin.
5 2. When Glisson first became acquainted with CMKM in 2004, he
6 thought CMKM stock could be the “chance of a life time” investment for him and
7 his family.
8 3. All of Glisson’s trading in CMKM stock in 2004-2005 utilizing his
9 account at Ameritrade occurred before the SEC revoked CMKM’s registration
10 under Section 12(g) of the Securities Exchange Act of 1934 on October 28, 2005,
11 after which time Ameritrade would no longer execute trades involving CMKM
12 stock for Glisson.
13 4. The offer, purchase and/or sale of stock of companies which are not
14 (or no longer) registered under Section 12(g) of the Securities Exchange Act of
15 1934 does not violate the registration provisions of Section 5 of the Securities Act
16 of 1933 if such transactions are conducted on a direct basis by and between
17 individual investors in private transactions (not involving a public offering of such
18 securities).
19 5. When Glisson first became acquainted with and started buying
20 CMKM stock, and thereafter, he was working full-time as an assembly line worker
21 in GM’s plant in Janesville, Wisconsin, and was working part time (6-8 hours per
22 day) in a fast food “Deli Dog House” restaurant owned and operated by Glisson
23 and this then wife Alma Padilla in Janesville.
24 6. Glisson had no background, training or experience in the securities
25 industry.
26 ///

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1 7. Prior to purchasing CMKM stock, Glisson had almost no experience


2 investing in stocks or bonds.
3 8. Glisson’s purchase of CMKM stock was really his first interest and
4 investment in any publicly traded stock.
5 9. During the period covered by the Complaint in this action, CMKM
6 was the only public company stock owned by Glisson.
7 10. Glisson was never an officer, director or controlling person of
8 CMKM.
9 11. Other than as a shareholder of CMKM, Glisson never had any
10 business or other relationship with CMKM and/or CMKM’s management or
11 related persons including John Edwards, Urban Casavant, Brian Dvorak, Ginger
12 Gutierrez or James Kinney.
13 12. Glisson never purchased any shares of CMKM stock from CMKM or
14 any officer, director or controlling shareholder of CMKM.
15 13. During the time period relevant to this action, CMKM’s Articles of
16 Incorporation as filed by the State of Nevada authorized the issuance of 800 Billion
17 (800,000,000,000) shares of CMKM stock.
18 14. Glisson understands that substantially more than 800 Billion shares of
19 CMKM stock were actually issued and outstanding during the period of time that
20 he was buying and selling CMKM stock, maybe as much as a Trillion shares.
21 15. In order for Glisson to have ever owned one (1) percent or more of
22 CMKM’s reported issued and outstanding shares of stock during the period
23 covered by this action, he would have had to own (or record and/or beneficially)
24 more than 7 Billion (7,000,000,000) shares of CMKM stock.
25 16. Glisson’s personal ownership of CMKM stock was always less than
26 one-percent (1%) of CMKM’s total issued and outstanding shares of stock.

26
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1 17. During the period of time when CMKM stock was trading on the OTC
2 “Pink Sheets” (August 2003– April 2005), volume of trading in CMKM stock
3 frequently exceeded one Billion shares - - and sometimes exceeded two Billion
4 shares - - per day.
5 18. During the five year period ended 2007, approximately 40,000 people
6 bought CMKM stock.
7 19. Following 1st Global’s resignation as CMKM’s stock transfer agent in
8 April 2007, CMKM did not appoint a successor transfer agent until it appointed
9 Transfer Online, Incorporated as its new stock transfer agent in April 2010.
10 20. From April 2007 until April 2010 (a three year period), CMKM had
11 no stock transfer agent, and CMKM stockholders including Glisson could not
12 register for transfer or otherwise transfer shares of CMKM stock on CMKM’s
13 stock transfer books and records.
14 21. All of the CMKM stock purchased and owned by Glisson was validly
15 issued and outstanding shares of CMKM stock as indicated on the books and
16 records of CMKM’s independent transfer agents (1st Global and, subsequently,
17 Transfer Online).
18 22. 1st Global served as CMKM’s independent stock transfer agent in
19 2004 and continuing until April 2007 (and Transfer Online served as CMKM’s
20 independent stock transfer agent from April 2010 to the present time).
21 23. Glisson worked with the CMKM Task Force, which was trying to
22 certify the validity of all outstanding shares of CMKM stock, to ensure that all
23 shares represented by certificates he purchased and held were in fact validly issued
24 and outstanding as represented by such certificates.
25 24. Bill Frizzell, a CMKM executive, assured Glisson in an e-mail on
26 April 5, 2007 that, if he held certificates for CMKM stock issued by 1st Global

27
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1 Stock Transfer, they will be recognized by CMKM.


2 25. Glisson never purchased and sold any shares of CMKM stock on or
3 utilizing the services of any national securities exchange (except for the shares he
4 purchased in 2004-2005 using his Ameritrade account).
5 26. In December 2005 and thereafter, all of Glisson’s purchases and sales
6 of CMKM stock were directly with the seller and buyer, respectively, of such
7 stock.
8 27. Glisson never held himself out to any one or otherwise provided any
9 services as a securities broker, dealer or investment advisor.
10 28. Glisson never owned or operated a business which provided securities
11 broker and/or dealer services.
12 29. Glisson did not extend or arrange for credit to be extended to persons
13 who bought or sold CMKM stock from or to him.
14 30. Glisson did not lend CMKM stock to anyone.
15 31. Glisson did not hold money in any account for persons who bought or
16 sold CMKM stock from or to him.
17 32. Glisson did not hold or otherwise provide “safe keeping” services for
18 the securities owned by persons who bought or sold CMKM stock from or to him.
19 33. Glisson did not provide investment advice to persons who bought or
20 sold CMKM stock from or to him.
21 34. Glisson did not accumulate and report information concerning the
22 price at which other persons were trading (buying or selling) shares of CMKM
23 stock to any of the persons who bought or sold CMKM stock from or to him.
24 35. Glisson did not perform underwriting services for the issuance of
25 securities by any issuer or any person.
26 36. Glisson never acted as a specialist on any organized securities

28
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1 exchange or trading system.


2 37. Glisson did not make discretionary decisions as an agent for persons
3 who were interested in buying or selling CMKM stock from or to him concerning
4 such transactions.
5 38. Glisson did not open or carry any securities accounts as an agent for
6 any person.
7 39. Professionals in the securities markets did not engage in any
8 transactions whereby they bought or sold CMKM stock or any other securities
9 from or to Glisson.
10 40. Glisson never gave any person who bought or sold CMKM stock from
11 or to him any business card indicating that Glisson was a securities broker, dealer
12 or investment advisor.
13 41. Glisson never used any letter head stationary indicating that he was a
14 securities broker, dealer or investment advisor.
15 42. Glisson never paid for any form of print media (newspaper,
16 magazines, bill boards, flyers) advertisement indicating that he was providing
17 securities broker or dealer services or providing any kind of investment advice.
18 43. Glisson never communicated using the internet or any means of mass
19 marketing, advertising or otherwise indicating that he was in the business of
20 providing broker or dealer services or providing any kind of investment advice.
21 44. Glisson never bought or sold shares in any public company (other
22 than CMKM) directly from or to any person or entity.
23 45. Glisson did not hold himself out as anyone who engaged in buying
24 and selling securities at a regular business location.
25 46. Glisson had no regular place of business/location where persons who
26 were interested in buying or selling CMKM stock came to deal with Glisson.

29
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1 47. Glisson never acted as a broker or agent or otherwise effectuated


2 transactions in CMKM stock for the account of any other person or entity in return
3 for a broker’s fee or other similar consideration for professional services.
4 48. Glisson never had any company, any office, business location/address,
5 any telephone number, any letterhead/business card, any employees, any furniture,
6 fixtures or equipment, any solicitation brochures or other written material or
7 otherwise conducted any business activity that could be reasonably characterized
8 as being in the securities business as a broker, dealer or otherwise.
9 49. Glisson was never employed by or otherwise worked for any
10 securities broker, dealer or investment advisor.
11 50. Glisson never intended to or did “make a market” (provide liquidity
12 and thus support and stabilize the public trading market) for CMKM stock.
13 51. Glisson never worked with or otherwise assisted any registered
14 securities broker-dealer to promote, offer to sell or sell any CMKM stock.
15 52. Glisson never engaged in any activity with CMKM for purposes of
16 issuing, trading or inducing or attempting to induce the purchase or sale of any
17 shares of CMKM stock.
18 53. Glisson never engaged in any activity with any securities broker or
19 dealer, or any issuer including CMKM, for purposes of issuing, trading, or
20 inducing or attempting to induce the purchase or sale of any shares of CMKM (or
21 any “penny stock”).
22 54. If Glisson's trading activity in CMKM stock did not result in him
23 being in the business of providing securities "broker" or "dealer" services, then his
24 trading activities in CMKM stock, after the time that CMKM's registration
25 statement under the Securities Exchange Acts was revoked by the SEC on October
26 28, 2005, would not have violated any Federal securities laws, rules or regulation.

30
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1 55. Glisson’s sales of CMKM stock never involved, in whole or in part,


2 any unsold allotment of securities in the public or other distribution of CMKM
3 securities by CMKM or any underwriter of such securities for CMKM.
4 56. Glisson’s trading in CMKM stock was infrequent and sporadic; for
5 example, during the (i) December 2005 through January 2007 period covered by
6 the SEC’s Complaint, actual purchases and/or sales of stock took place on only
7 18% of the days covered by such period (75 out of 420 days).
8 57. During the expanded period December 2005 through April 2007
9 referenced in the SEC’s Complaint, purchases and/or sales of CMKM stock by
10 both Glisson and Tongwongsathong took place on only 17% of the days in such
11 period (87 out of 510 days).
12 58. During the December 2005 through November 2006 period referenced
13 in the SEC’s Complaint, purchases and/or sales of CMKM stock by Glisson took
14 place on only 16% of the days in such period (57 out of 365 days).
15 59. Glisson never regularly (daily, almost every day, routinely or
16 systematically) purchased and/or sold CMKM stock.
17 60. Glisson never bought and sold any securities of any public company
18 stock including CMKM stock on a regular, daily basis over any extended (5-10
19 days or more) period of time.
20 61. All of Glisson's purchases and sales of CMKM stock in 2004, 2005,
21 2006, 2007 (and 2010) were for his own investment account and personal benefit.
22 62. The total number of times (days) that Glisson bought and/or sold
23 CMKM for his own investment account in the three (3) years referenced in the SEC’s
24 Complaint following the revocation of CMKM’s registration under Section 12(g) of
25 the Securities Exchange Act of 1934 is as follows: 2005 – 6; 2006 – 55; and 2007 –
26 4 - - totaling 75 days out of the total 1,095 days in such three year period.

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1 63. In 2010, Glisson never purchased any CMKM stock, and he sold

2 CMKM stock on only six-seven (6-7) days in 2010.

3 64. From and after April 2007 through April 1, 2010 (approximately 3

4 years), Glisson did not buy or sell any CMKM stock.

5 65. At least from December 2005 through May 2006, and September

6 2006 through April 2007, Glisson communicated with the transfer agent for

7 CMKM, 1st Global for the purpose of transferring CMKM shares to his

8 purchasers. (See, e.g., Exhibits 4-1 to 4-22; Exhibits 35-1 to 35-44). These letters

9 to 1st Global directed the total transfer (purchases and sales) of over 22 billion

10 shares of CMKM stock during such twelve month period of time which

11 represented approximately three percent (3%) of CMKM's total issued and

12 outstanding shares of stock during such period of time - - and a miniscule amount

13 of the total number of CMKM shares traded (purchases and sales) in the market for

14 CMKM stock during such period of time. See Exhibits 400 and 534-535.

15 66. As shown by Exhibits 35-1 to 35-44, between December 9, 2005 and

16 May 11, 2006, Glisson sent 45 letters of instruction to 1st Global to issue CMKM

17 certificates to persons purchasing CMKM stock. These letters of instruction

18 resulted in the issuance of approximately 204 certificates for CMKM stock to


19 persons other than Glisson during such six month period of time. The total number
20 of shares transferred by these letters was 5,722,561,979, representing less than one-
21 percent (.008) of the total number of shares of CMKM stock issued and
22 outstanding during such period of time. (See Exhibits 35-1 to 35-44; and Exhibits
23 400 and 534-535).
24 67. As shown by Exhibits 4-1 to 4-22, between October 16, 2006 and
25 January 16, 2007, Glisson sent 22 letters of instruction to 1st Global to issue
26 CMKM certificates to persons purchasing CMKM stock from Glisson. These

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1 letters of instruction resulted in the issuance of approximately 1,366 certificates for

2 CMKM stock to persons other than Glisson and Tungwongsathong. The

3 total number of shares transferred by these letters (including to Glisson's family

4 and friends where indicated) during such four month period of time was

5 17,635,622,033, representing approximately two and one-half percent (2.5%) of

6 the total number of shares of CMKM stock issued and outstanding during such

7 period of time - - and a miniscule amount of the total number of CMKM shares

8 traded (purchases and sales) in the market for CMKM stock during such period of

9 time. (See Exhibits 35-1 to 35-44; and Exhibits 400 and 534-535).

10 68. Prior to May 2005, Glisson never bought any CMKM stock as a result

11 of contacts he made using the internet.

12 69. Prior to December 2005, Glisson never sold any shares of CMKM
13 stock.
14 70. After April 1, 2010, Glisson never purchased any CMKM stock.
15 71. Glisson never both bought and sold any shares of CMKM stock in
16 2010.
17 72. Glisson has never had any signature power over, or any current
18 ownership interest in, any bank account in the name of Thidarat
19 Tungwongsathong.
20 73. When they were married, Glisson did not have signatory power over
21 Alma Padilla’s personal bank accounts at Blackhawk Community Credit Union in
22 Janesville, Wisconsin.
23 74. Glisson always acted on his own, as a private investor, in his
24 purchasing or selling shares of CMKM stock.
25 75. All purchases and sales of CMKM stock by him were for his own
26 account and benefit.

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1 76. From the outset. it was Glisson’s intention to try to accumulate as


2 many shares of CMKM stock as he could as an investment for retirement; and,
3 later on, he only sold shares when there was an opportunity to do a transaction
4 which would provide him with additional funds to use to purchase more CMKM
5 shares than he had sold for such purpose.
6 77. In buying CMKM shares in 2004-2006, Glisson was never trying to
7 make a profit from such individual transactions but, rather, he was trying to
8 increase his holdings of CMKM stock with the intention and hope that such
9 investment would increase in value over the long term.
10 78. Glisson’s objective to accumulate shares of CMKM stock continued
11 up to a point in time in late 2006 or early 2007 when he realized just how many
12 shares he had purchased and owned at which point in time he thought it would be
13 prudent for him to pare down the number of shares of CMKM stock which he
14 owned.
15 79. Glisson frequently lost money on his CMKM stock transactions when
16 he sold shares for less than he had paid for them - - typically when he lost track of
17 what he had paid for the shares he was selling which sometimes was as much as
18 $.0005 per share.
19 80. Through internet “chat rooms” visited by persons interested in
20 CMKM stock, Glisson met fellow shareholders and other CMKM “believers” (and
21 some “disbelievers”), and he became friends with some of such persons.
22 81. One stock investing internet site (Stockwatch.com) reporting on the
23 CMKM story said, said, “ Whether by design or chance, CMKM has managed to
24 attract a remarkably large number of naïve, excitable, imaginative and intensely
25 loyal shareholders, many of whom brought relatives, friends, co-workers and other
26 acquaintances into the stock. Indeed. CMKM seems to have tapped into a

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1 promoter’s dream, a growing, proselytizing vanguard of believers zealously


2 searching out potential converts for the promotion.”
3 82. Most all of the persons who approached Glisson to express their
4 interest in selling or buying CMKM stock knew some one who knew Glisson and
5 they telephoned Glisson or sent him an e-mail.
6 83. The people who came to Glisson to buy or sell CMKM stock knew
7 Glisson from some source other than their participation with Glisson in some
8 internet chat room.
9 84. Glisson never used the internet to advertise or otherwise solicit the
10 purchase or sale of CMKM stock with him.
11 85. Prospective purchasers or sellers of CMKM stock who dealt with
12 Glisson came to him to buy or sell CMKM stock - - not for broker-dealer services
13 or any kind of investment advice.
14 86. Glisson sometimes tried to assist persons who approached him and
15 told Glisson they wanted to sell or buy CMKM stock.
16 87. Glisson never solicited persons to buy or sell CMKM stock from or to
17 him.
18 88. Glisson persuaded family and friends to invest in CMKM stock.
19 89. Starting in the 4th Quarter of 2005, Glisson made gifts of a substantial
20 number of CMKM stock (approximately 678,536,000) which he owned to family,
21 friends and other persons so they could benefit from owing CMKM stock.
22 90. Glisson also made a gift of approximately 32,000,000 shares of
23 CMKM stock to his girlfriend Thidarat Tongwongsathong in late 2006 so she
24 could benefit from owning shares of CMKM stock.
25 91. Later, in 2010, a Trust which had received shares from Glisson,
26 conducted the “Just In Time” charitable gifting program to persons who were

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1 facing difficult circumstances.


2 92. In January 2007, Ms. Tungwongsathong purchased approximately 9.3
3 billion shares of CMKM stock from a CMKM shareholder named Steve Brewer - -
4 which shares (gifted and purchased) of CMKM stock were registered in her name
5 and maintained as her separate property.
6 93. Prior to meeting Glisson, Tungwongsathong had obtained her M.B.A.
7 degree from Missouri State University, and she had been working in various
8 business positions in the United States.
9 94. Since Glisson’s “delidoghouse” e-mail address had been used and was
10 convenient for purposes of CMKM communications, Thidarat Tungwongsathong
11 some times used such e-mail account/address when she communicated with
12 persons concerning her purchase or sale of CMKM stock.
13 95. Glisson did not have any ownership interest in the shares of CMKM
14 stock owned by Tungwongsathong, and he never exercised any ownership or
15 control over any such shares of stock and he never received any of the proceeds of
16 the CMKM stock registered to and sold by Tongwongsathong.
17 96. From time to time, Glisson some times assisted Tungwongsathong
18 with her purchase or sale of CMKM stock owned and registered to her, but that did
19 not mean he was the owner or shared ownership with her or received any of the
20 proceeds from the sale of such stock - - all of the proceeds from which were
21 deposited into bank account(s) owned exclusively by her.
22 97. Tungwongsathong made the decision if and when she wanted to buy
23 or sell CMKM stock owned by and registered to her, not Glisson.
24 98. Glisson never had any joint ownership, or any signatory power or
25 control, over any of Thidarat Tungwongsathong’s bank accounts, including her
26 account(s) at the Bank of America opened in Las Vegas, Nevada.

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1 99. Except for his trading CMKM stock through his account at
2 Ameritrade, all of Glisson’s transactions in CMKM stock during the 2005-2007
3 period referenced in the SEC’s Complaint were on a one-on-one (person-to-
4 person) basis with the sellers and buyers of such stock.
5 100. None of such transactions by Glisson in CMKM stock during such
6 period of time were conducted on or using the facilities of any national or other
7 securities exchange.
8 101. None of Glisson's transactions in CMKM stock were conducted by
9 Glisson purporting to act as an issuer, underwriter or dealer in securities.
10 102. During the 2005-2007 period, CMKM never filed a registration
11 statement under Section 5 of the Securities Act of 1933, so none of Glisson’s
12 transactions in CMKM stock during such period took place following the filing of
13 any such registration statement by CMKM.
14 103. Since CMKM never conducted any registered offering of any of its
15 securities in the 2005-2007 period, none of Glisson’s transactions during such
16 period of time, where he bought or sold any CMKM stock, ever took place within
17 45 days following the offer and sale of CMKM stock to the public or any one
18 acting as an underwriter for CMKM stock in any such public offering.
19 104. Glisson’s transactions in CMKM stock never involved, in whole or in
20 part, any unsold allotment of securities in the public distribution of CMKM stock
21 by CMKM or any underwriter of such securities for CMKM.
22 105. As far as Glisson knows, the revocation by the SEC of CMKM’s
23 registration statement under Section 12(g) of the Securities Exchange Act of 1934
24 did not affect the legal validity of outstanding shares of CMKM stock (no such
25 outstanding shares were “deregistered”); and all outstanding shares remained
26 validly issued and outstanding, fully paid and non-assessable.

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1 106. As far as Glisson knows, having made specific inquiries to CMKM’s


2 stock transfer agent(s), none of the shares of CMKM stock which he ever owned
3 was “deregistered” stock and all such shares of stock and the certificates therefore
4 were validly issued and outstanding on CMKM stock transfer books and records.
5 107. As far as Glisson knows, all of the shares of stock of CMKM owned
6 by Glisson were “free trading” shares.
7 108. None of the shares of CMKM stock owned by Glisson were the
8 subject of any restriction on transfer issued by CMKM, and none of the certificates
9 for shares of CMKM stock owned by Glisson carried any legend restricting the
10 sale and transfer of such shares or otherwise notifying Glisson (or any transferee)
11 that such shares were not “free trading” shares.
12 109. As far as Glisson knows, including having inquired of 1st Global
13 Stock Transfer (and Transfer Online) no “stop “transfer” instructions were ever
14 issued by CMKM, or otherwise maintained by CMKM’s stock transfer agent(s), in
15 respect of the certificates or shares of CMKM stock which he bought, sold or
16 otherwise owned.
17 110. On and after October 28, 2005, when CMKM’s registration statement
18 under the Securities Exchange Act of 1934 was revoked by the SEC, for CMKM’s
19 failure to keep its ‘34 Act reporting information current, neither CMKM or its
20 stock transfer agent(s) attempted to put any kind of restrictive legend on
21 outstanding certificates held by CMKM stockholders including Glisson and they
22 did not issue any kind of “stop transfer” instructions in respect of such outstanding
23 shares of CMKM stock - - including when new certificates were issued covering
24 such shares of previously outstanding stock.
25 111. At no time after October 28, 2005, did the SEC make any kind of
26 public release or statement advising that CMKM shareholders were no longer

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1 capable of buying or selling CMKM stock without violating the Federal securities
2 laws.
3 112. CMKM’s transfer agent(s) never advised Glisson that there was any
4 reason he should refrain from buying or selling CMKM stock for any reason.
5 113. CMKM’s stock transfer agent(s), 1st Global (and Transfer Online)
6 never refused to register the transfer of shares of CMKM stock owned by Glisson
7 or advised him that there was any prohibition or limitation of any kind on his
8 purchase, sale and/or transfer of such shares.
9 114. Glisson looked to 1st Global (and Transfer Online) to advise him as to
10 any legal questions that might pertain to the shares of CMKM stock which he was
11 buying or selling.
12 115. Transfer Online, when they started acting as CMKM’s stock transfer
13 agent in April 2010 and then learned about the SEC’s lawsuit against Glisson, sent
14 a written communication to the SEC inquiring if there was any reason that Transfer
15 Online should cease providing regular stock transfer services to Glisson in respect
16 of CMKM stock registered to him; but, according to Transfer Online, the SEC
17 never responded to Transfer Online’s inquiry or otherwise advised Transfer Online
18 to cease providing regular stock transfer services for Glisson’s CMKM stock.
19 116. The SEC has never initiated any action to prevent CMKM’s stock
20 transfer agents from transferring shares (and registering such transfers) of CMKM
21 stock on the CMKM’s stock transfer books and records.
22 117. During the course of the SEC’s investigation concerning Glisson
23 commencing in 2006 resulting in the filing of this action against Glisson in 2009,
24 Glisson repeatedly asked the SEC Staff to please state in writing to him, if they
25 believed it was the case, that his transactions in CMKM stock actually violated any
26 Federal securities laws, rules or regulations; and the SEC never sent Glisson

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1 (including his attorneys) any such notice, statement or opinion.


2 118. Glisson told the SEC Staff on more than one occasion prior to the
3 filing of this injunctive action that, since they would not state that they believed he
4 was doing anything wrong in buying and selling, CMKM stock, he intended to
5 retain the flexibility to continue buying or selling CMKM stock; but that he would
6 immediately stop such activity if and when any court or other similar authority
7 advised him that such investment activity constituted a violation of the Federal
8 securities laws.
9 119. At no time during the SEC’s investigation did Glisson’s securities
10 attorney, Terry D. Nelson, Esq., of Foley and Lardner in Milwaukee, Wisconsin,
11 tell him that his purchasing and/or selling CMKM stock constituted a violation of
12 the Federal securities laws.
13 120. If CMKM’s transfer agent or any one else including the SEC Staff had
14 ever told Glisson that he was actually violating any securities laws by buying and
15 selling CMKM stock he would have immediately stopped such activity.
16 121. During the course of the SEC’s investigation of Glisson’s activity in
17 relating to CMKM stock (2006-2009), the SEC Staff provided him with written
18 notice that the initiation and pendency of the investigation did not mean that the
19 SEC including the Staff had made any kind of determination that Glisson had
20 actually violated any Federal securities laws.
21 122. Transfer Online charged Glisson ($25 per cert) the same amount for
22 requested stock transfers (cancelling the old certificates and issuing new
23 certificates) as they charged any other stockholder - - not the higher amount that
24 Transfer Online charged securities brokers who submitted requested stock
25 transfers.
26 123. Sometimes to try and save the stock transfer agent’s fee, Glisson

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1 would hold a certificate for shares he had purchased/owned and submit it later
2 when he was requesting the stock transfer for shares he had subsequently sold.
3 124. CMI (Casavant Mining, Inc.) is a company affiliated with CMKM
4 (both companies were under the control of the Casavant brothers).
5 125. CMI has never filed a registration statement with the SEC under either
6 the Securities Exchange Act of 1933 or the Securities Exchange Act of 1934, and
7 the shares of CMI have never been listed on or quoted for trading on any national
8 securities exchange.
9 126. CMI is not, and has never been, a publicly traded company.
10 127. Glisson never engaged in any activity with CMI or any securities
11 broker or dealer for CMI or otherwise for purposes of issuing, trading or inducing
12 or attempting to induce the purchase or sale of any shares of CMI.
13 128. Whenever Glisson purchased or sold CMKM stock, he incurred out-
14 of-pocket expenses associated with such stock transactions including without
15 limitation transportation (air freight) expenses and fees paid to CMKM’s stock
16 transfer agent(s).
17 129. In order to try to compute the “profit” or “gain” that Glisson made
18 buying and selling CMKM stock, like any investor, Glisson would need to
19 compute the gross proceeds from his sales of CMKM stock (including losses
20 incurred in any such transactions), reduce the gross proceeds by the cost of the
21 shares that Glisson had purchased then resold, then reduce the resulting amount
22 further by computing the related costs and expenses incurred and paid to third
23 parties as a result of such trading (such as brokerage commissions if any, transfer
24 agent fees/expenses, shipping costs/expenses, etc.) and further reduce the resulting
25 amount by any Federal and state tax obligation due and owing in respect of each
26 individual transaction.

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1 130. Glisson does not have the financial wherewithal to pay the substantial
2 money damages the Plaintiff is seeking in this case.
3 131. Glisson has no intention of buying or selling any CMKM stock in the
4 future.
5 132. Glisson never has in the past and has no intention of working with any
6 issuer, broker, dealer or promoter in connection with the sale of any “penny stock”
7 in the future.
8 133. Glisson is not the current registered or beneficial owner of any shares
9 of CMKM stock.
10 134. Glisson has no more CMKM stock.
11 135. Glisson does not own any securities of any public company.
12 136. Glisson is retired, and living in Florida.
13 137. Glisson has no intention of entering or otherwise conducting in the
14 future any business which involves providing securities broker or dealer services
15 and/or purchasing, offering and/or selling the securities of any public company in
16 any unregistered or registered offering and/or sale of any such securities.
17
18 VI.
19 The following are the issues of law to be tried and determined upon trial.
20 (Each issue of law must be stated separately and in specific terms)
21
22 A. Plaintiff’s Statement of Issues of Law
23 1. Whether defendant Glisson violated Section 15(a) of the Exchange
24 Act by effecting transactions in the securities of CMKM in interstate commerce
25 while not registered as a broker or a dealer in accordance with the requirements of
26 the federal securities laws, specifically Section 15(b) of the Exchange Act.

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1 2. Whether defendant Glisson violated Sections 5(a) and 5(c) of the


2 Securities Act by selling, and offering to buy and sell, or delivering after sale, in
3 interstate commerce, securities of CMKM, while no valid registration statement
4 pertaining to CMKM was in effect and no exemption from registration applied.
5 3. Whether defendant Glisson, acting as an unregistered broker or
6 unregistered securities dealer, violated Sections 5(a) and 5(c) of the Securities Act
7 by selling, and offering to buy and sell, or delivering after sale, in interstate
8 commerce, securities of CMKM, while no valid registration statement pertaining to
9 CMKM was in effect and no exemption from registration applied.
10 4. Whether, if the Commission establishes Glisson’s violation of Section
11 15(a) of the Exchange Act, and/or Sections 5(a) and 5(c) of the Securities Act, the
12 Commission is entitled to the following relief:
13 a. a permanent injunction prohibiting Glisson from engaging in
14 future violations of the violated provisions,
15 b. disgorgement of Glisson’s ill-gotten gains, with prejudgement
16 interest thereon;
17 c. a civil penalty pursuant to Section 20(d) of the Securities Act
18 and Section 21(d)(3) of the Exchange Act; and
19 d. a penny stock bar pursuant to Section 21(d)(6)(A) of the
20 Exchange Act.
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///

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1 B. Defendant’s Statement of Issues of Law (including fact and law)


2 1. Was there any thing wrong (any violation of Federal securities laws, rules
3 and regulations) with Glisson and other CMKM shareholders continuing to buy
4 and sell CMKM stock among themselves after the SEC revoked CMKM’s
5 registration of its securities under Section 12(g) of the Securities Exchange Act of
6 1934?
7 2. Was Glisson in the business of providing securities broker or dealer
8 services requiring his registration under Section 15(a) of the Securities Exchange
9 Act of 1934?
10 3. Is the determination as to whether or not Glisson was in the business of
11 providing securities broker/dealer services for purposes of Section 15 of the
12 Securities Act of 1934 as alleged by the SEC in this case (the “trader” versus
13 “dealer” distinction) properly made using the criteria set forth in the SEC’s own
14 General Release [Sec.Ex.ActRel, 46,745, 78 SEC Dock., 21348, 2143 (2002)]
15 directed at and providing guidance in respect of such distinction and
16 determination?
17 4. Is expert testimony required for purposes of determining whether Glisson
18 was in the business of providing securities broker or dealer services as defined
19 under applicable Federal securities laws?
20 5. Can any one be found to have been a securities broker (in the business of
21 providing brokerage services) on the basis of such person's involvement in a single
22 instance/transaction during the last seven year period of allegedly having provided
23 "broker like" services as the Plaintiff has alleged in this case?
24 6. Are the statutes cited by the Plaintiff in its Complaint alleged to
25 constitute or provide a basis upon which Glisson can be found to have violated
26 such laws, vague and ambiguous (registration as a broker/dealer) so as to be

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1 unenforceable and/or directly relevant to the issue of reasonable likelihood that


2 Glisson will violate any such laws at any time in the future?
3 7. Can the number of shares involved, and the number of transferees, in and
4 of themselves determine whether a person, who is engaged in buying and selling
5 securities for such person's own account, is no longer a private "investor or "trader"
6 and has been turned into a securities dealer for purposes of Section 15(a)(1) of the
7 Securities Exchange Act of 1934?
8 8. Did Glisson offer and sell CMKM securities in a public offering
9 requiring the filing of a registration statement under the Securities Act of 1933
10 covering the offering and sale of CMKM securities by Glisson?
11 9. Did Glisson have the ability to cause a registration statement to be filed
12 by CMKM covering the offering and sale of CMKM stock by Glisson?
13 10. Was the offer and sale of CMKM securities by Glisson exempt from
14 registration under Section 5 of the Securities Act of 1933 by virtue of one or more
15 exemptions including Section 4(1) and 4(3)(A) and (B) of the Securities Act of
16 1933?
17 11. Did Glisson hold himself out to be a broker/dealer in CMKM stock
18 and/or did any person who bought CMKM stock from Glisson rely upon him to
19 provide broker/dealer services or any kind of investment advice in connection with
20 their decision to buy CMKM stock from Glisson?
21 12. Did Glisson actually provide any broker or dealer services to any one?
22 13. If Glisson is found to have violated the Federal securities laws as a
23 result of the technical and complex Section 15 “unregistered broker/dealer” and
24 related Section 5 registration claims alleged by the SEC, is there a basis for the
25 Court to conclude that, unless permanently enjoined, it is likely that Glisson will
26 violate such registration requirements in the future, including where Glisson (i) had

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1 no securities regulatory history prior to investing in CMKM stock, (ii) where


2 CMKM stock is the only public company stock Glisson ever bought and sold, (iii)
3 where Glisson was not aware that he was required to register as a broker/dealer
4 before he traded CMKM stock and no one advised to the contrary, (iv) where
5 Glisson has indicated that he has no intention to purchase or sell any public
6 company stock in the future, (v) where Glisson has no current financial ability to
7 purchase/sell the stock of any publicly traded company, (vi) where the basis for the
8 SEC’s action is highly technical and complex in nature (failure to comply with the
9 broker/dealer registration requirement) and involved no fraud or deceptive act or
10 practice by Glisson or any one he was associated with, and/or (vii) where Glisson
11 has no background, training or experience in the securities industry and Glisson is
12 a retired auto worker living in Florida?
13 14. Was Glisson’s failure to register as a broker/dealer under the Securities
14 Exchange Act of 1934 a result of his reliance on advice of counsel so that it cannot
15 be concluded that such violation will be repeated by Glisson any time in the future
16 following any actual determination in this case that such registration was actually
17 required?
18 15. Is there a jurisdictional basis (the involvement with [other than] Glisson
19 of a broker/dealer in the offer and sale of “penny stock” securities by Glisson) for
20 the imposition of a “penny stock bar” as required by Sections 3(a)(18) and
21 15(b)(6)(c) of the Securities Exchange Act of 1934 as the basis for any such bar?
22 16. Is there a basis to conclude that, unless enjoined by the Court, it is likely
23 that Glisson will engage in unlawful “penny stock” transactions in the future
24 separate and distinct from the “unregistered broker/dealer” claims asserted in the
25 Complaint in this action?
26 17. Does Glisson have any legally recognizable and enforceable interest in

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1 the shares of CMKM stock owned and registered in the name of his then girlfriend
2 now wife, who was not even identified by name in any of the allegations set forth
3 in the Complaint and who is not a party to this action, which shares were
4 subsequently sold and the proceeds deposited into such person’s individual bank
5 account and otherwise retained as her own property, so that the Plaintiff is entitled
6 to any relief in respect of such shares, proceeds from the sale thereof or otherwise;
7 and does any such determination in favor of the Plaintiff in this case implicate such
8 person’s due process rights to such property?
9 18. Is the disgorgement remedy and the amount sought by the SEC
10 appropriate given the facts and circumstances of this case, namely (i) in respect of
11 sales by both Glisson and his former girlfriend, now wife, for their individual
12 accounts as sought by the Plaintiff, (ii) where the amount of disgorgement is based
13 upon gross sales proceeds without taking into account the other economic aspects
14 involved in determining the profit or gain that Glisson actually received from the
15 sale of CMKM stock, (iii) where the lack of broker/dealer registration by Glisson
16 did not cause or otherwise result in any loss or harm to the people who bought
17 CMKM stock from Glisson, (iv) where no person who bought CMKM stock from
18 Glisson requested that Glisson return what they paid to Glisson in consideration of
19 the return of the stock that Glisson purchase, sold or transferred to such persons,
20 (v) where Glisson never received any of the proceeds realized from the sale of
21 CMKM stock his wife bought or otherwise acquired before they were married or
22 afterward, (vi) where Glisson does not retain any of the proceeds from any of his
23 sales of CMKM stock, (vii) where Glisson has no financial capability to pay such
24 requested disgorgement amount or prejudgment interest, and (viii) where no
25 further disincentive is needed to persuade Glisson to comply with the applicable
26 broker/dealer registration requirements once there is a determination of the

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1 broker/dealer registration issue in this case?


2 19. Is any of the gross proceeds disgorgement amount sought by the
3 Plaintiff actually a penalty as opposed to being merely remedial?
4 20. Is the award of prejudgment interest justified and otherwise appropriate
5 in this “technical/complex violations” registration (non-fraud/deceit) case?
6 21. Is the imposition of a “third-tier” fine/penalty against Glisson justified
7 and permissible in light of the lack of any allegation of fraud, deceit, manipulation
8 or reckless disregard for a regulatory requirement alleged by the Plaintiff in the
9 Complaint (or proven at trial)?
10 22. Is the SEC’s broker/dealer registration requirement under Section
11 15(a)(1) of the Securities Exchange Act of 1934, as it applies to the facts of this
12 case and Glisson, clear enough that Glisson can be reasonably found to have
13 recklessly disregarded any such actual requirement, including where the SEC Staff
14 failed and refused to advise Glisson that they had concluded, as a result of their
15 investigation, that Glisson was actually and in fact in violation of such requirement
16 and where Glisson’s own securities attorney could not reach a conclusion that such
17 broker/dealer registration was actually required by law?
18 23. Is the monetary relief requested by the Plaintiff, including
19 disgorgement, prejudgment interest and third-tier penalties excessive given the
20 nature of the Plaintiff’s allegations and claims against Glisson?
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///

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1 VII.
2 (a) The following joint exhibits are stipulated into evidence in this case and
3 may be so marked by the clerk:
4
5 Joint Exhibit List
(Exhibits Stipulated as Admissible into Evidence)
6
Exhibit Description
7 No.
8 4-1 December 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 70987-71086 (100 certs) representing 999,999,900
9 CMKM shares (MG 1)
10 4-2 January 8, 2007 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 09430, 09502, 11270, 11343, 11650, 11712 representing
11 10,843,232 CIM shares (MG 2)
12 4-3 April 5, 2007 email from Bill Frizzell re “bonfied certs” [sic] (MG 3)
13 4-4 December 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 86813 representing 25,979,901 CMKM shares (MG 4)
14
4-5 November 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
15 Glisson re certificate no. 11479 representing 6,656,000 Casavant International
Mining Corporation shares (MG 5)
16
17 4-6 October 19, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 16214 representing 500,000,000 CMKM shares (MG 6-
18 11)

19 4-7 October 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 16214, reallocating 90,000,000 shares from Marco
20 Glisson to 17 individals (MG 12-13A)

21 4-8 October 19, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 16215 representing 500,000,000 CMKM shares (MG 14-
22 22)

23 4-9 November 1, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17601 representing 500,000,000 CMKM shares (MG 23-
24 32)

25 4-10 November 1, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17602 representing 500,000,000 CMKM shares (MG 33-
26 38)

49
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 51 of 127

1 4-11 November 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17602 reallocating 258,000,000 shares from Marco
2 Glisson to 29 individuals and 80 million remaining with Glisson and Thidarat
Tungwongsathong (MG 39-43)
3
4-12 January 25, 2007 1st Global Stock Transfer Letter of Instruction from Marco
4 Glisson re certificate nos. 87477 & 87478 representing 100,000,000 CMKM
shares (MG 44-48)
5
4-13 January 17, 2007 1st Global Stock Transfer Letter of Instruction from Marco
6 Glisson re certificate no. 87325 representing 500,000,000 CMKM shares (MG 49-
54)
7
4-14 January 8, 2007 1st Global Stock Transfer Letter of Instruction from Marco
8 Glisson re certificate nos. 86597, 86698, 87247 & 87244 representing
3,210,000,000 CMKM shares (MG 55-56)
9
4-15 January 8, 2007 1st Global Stock Transfer Letter of Instruction from Marco
10 Glisson re certificate nos. 86839, 86940, 16720, 56002, 87149, 87147 & 87146
representing 271,500,000 CMKM shares (MG 57-63)
11
4-16 January 2, 2007 1st Global Stock Transfer Letter of Instruction from Marco
12 Glisson re certificate no. 87044 representing 801,000,000 CMKM shares (MG 64-
69)
13
4-17 December 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
14 Glisson re certificate nos. 73311, 86224, 86840 & 86841 representing 209,000,000
CMKM shares (MG 70-73)
15
4-18 December 11, 2006 1st Global Stock Transfer Letter of Instruction from Marco
16 Glisson re certificate nos. 16465, 16492 & 16133 representing 2,300,000,000
CMKM shares (MG 74-100)
17
4-19 November 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco
18 Glisson re certificate nos. 47006, 47003 & 16569 representing 5,000,000,000
CMKM shares (MG 101-132)
19
4-20 November 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
20 Glisson re certificate nos. 77011, 78567, 80699, 85963 representing 1,107,299,000
CMKM shares (MG 133-157)
21
4-21 October 16, 2006 1st Global Stock Transfer Letter of Instruction from Marco
22 Glisson re certificate no. 16216 representing 600,000,000 CMKM shares (MG
158-166)
23
4-22 November 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco
24 Glisson re certificate nos. 79173, 79784 & 79799 representing 500,000,000
CMKM shares (MG 167-177)
25
5 In the Matter of CMKM Diamonds, Inc. -- Order Dismissing Review Proceeding
26 and Notice of Finality (SEC Rel. No. 52694 / October 28, 2005 / AP-3-11858)

50
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 52 of 127

1 12 December 15, 2005 letter from Judith A. Behrens to Marco Glisson re purchase
and sale of Certificate No. 21447 for 185 million shares of CMKX Diamonds,
2 Inc., to be purchased by and reissued to James L. McQueen (190/436)

3 13 December 19-20, 2005 email string between Jim McQueen and Marco
<delidoghouse@hotmail.com> re: “Thanks for your Patience” (161/436 &
4 162/436)

5 14 December 17, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson (189/436) re certificate no. 21447 representing 250 million shares
6 (189/436)

7 18 December 6, 2005 letter from Samuel H. Seymour to Marco Glisson re sale and
purchase of 30 million shares CMKX Diamonds, Inc. for $15,000.00 (256/436)
8
20 December 15, 2005 email from Marie Loch to <delidoghouse@hotmail.com> re:
9 “our conversation” (160/436)

10 21 December 19, 2005 letter from Robert Loch & Marie Loch to Marco Glisson re
sale and purchase of certificate nos. 30144 and 30145 representing 19,999,998
11 shares of CMKM Diamonds, Inc. for $4,000.00 (183/436)

12 22 December 20, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 30144 representing 9,999,999 CMKM shares (166/486)
13
23 March 8, 2006 email from Reg D. Barrow to <delidoghouse@hotmail.com> re:
14 “CMKX wire info” (93/436)
15 24 April 25, 2006 email from Reg D. Barrow to <delidoghouse@hotmail.com> re:
“Stock Sell Purchase Agreement” for sale of 303 million shares CMKM for
16 $US36,000.00 (43/436)
17 25 May 4, 2006 email from Still Waters Revival Books (Reg D. Barrow) to
<delidoghouse@hotmail.com> re: “Stock Sell Purchase Agreement (May 3,
18 2006)” for sale of 401,000,004 shares CMKM for $US68,000.00 (133/436)
19 26 March 29, 2006 email from Steven Brewer to <delidoghouse@hotmail.com> re:
“CMKX CERT” (285/436)
20
27 January 25, 2006 1st Global Stock Transfer Letter of Instruction from Marco
21 Glisson (326/436) re certificate no. 29079 representing 9,999,999 CMKM shares
(326/436)
22
28 March 29, 2006 Blackhawk Community Credit Union Wire Transfer Request in
23 the amount of $46,125.00 from Marco Glisson, account number ##8307 for the
benefit of Steven M. Brewer & Kerry L. Brewer (264/436)
24
29 March 4, 2006 email from Edwin Banks to <delidoghouse@hotmail.com> re:
25 “CMKM certificates” (89/436)
26 30 March 24-25, 2006 email string Email from Edwin Banks to

51
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 53 of 127

<delidoghouse@hotmail.com> re: “CMKM certificates” (88/436)


1
31 March 25, 2006 Fax from Edwin J. Banks to Marco Glisson re CMKX Sale &
2 Purchase Agreement with attached “Legal Agreement to Transfer Ownership in
Shares of CMKM Diamonds, Inc.” between seller Marco Glisson and buyer
3 Edwin W. Banks (291/436 through 293/436)
4 32 March 30, 2006 Fax from Edwin J. Banks to Marco Glisson re CMKX Sale &
Purchase Agreement with attached “Legal Agreement to Transfer Ownership in
5 Shares of CMKM Diamonds, Inc.” between seller Marco Glisson and buyer
Edwin W. Banks (294/436 through 296/436)
6
33 April 7, 2006 Fax from Edwin J. Banks to Marco Glisson re CMKX Sale &
7 Purchase Agreement with attached “Legal Agreement to Transfer Ownership in
Shares of CMKM Diamonds, Inc.” between seller Marco Glisson and buyer
8 Edwin W. Banks (288/436 through 290/436)
9 34 April 25, 2006 Legal Agreement to Transfer Ownership in Shares of CMKM
Diamonds, Inc. between seller Marco Glisson and buyer Edwin W. Banks
10 (300/436 &301/436)
11 35-1 December 9, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 30,000,000 shares CMKM (MG
12 1/90)
13 35-2 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 22564 representing 5,880,000 shares CMKM (MG 2/90)
14
15 35-3 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 27582 representing 14,254,314 shares CMKM (MG
16 3/90)

17 35-4 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 24677 representing 25,000,000 shares CMKM (MG
18 4/90)

19 35-5 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 23157 representing 77,000,000 shares CMKM (MG
20 5/90)

21 35-6 December 17, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 250,000,000 shares CMKM (MG
22 6/90)

23 35-7 December 20, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 30145 representing 9,999,999 shares CMKM (MG 7/90)
24
35-8 December 20, 2005 1st Global Stock Transfer Letter of Instruction from Marco
25 Glisson re certificate no. 30144 representing 9,999,999 shares CMKM (MG 8/90)

26 35-9 December 21, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 19897 representing 50,000,000 shares CMKM (MG

52
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 54 of 127

9/90)
1
35-10 December 30, 2005 1st Global Stock Transfer Letter of Instruction from Marco
2 Glisson re certificate no. 26244 representing 206,191,032 shares CMKM (MG
10/90)
3
35-11 December 30, 2005 1st Global Stock Transfer Letter of Instruction from Marco
4 Glisson re certificate no. 14291 representing 9,999,999 shares CMKM (MG
11/90)
5
35-12 January 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco
6 Glisson re certificate no. 31064 representing 37,000,000 shares CMKM (MG
12/90)
7
35-13 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
8 Glisson re certificate nos. 29085 and 29086 representing 19,999,998 shares
CMKM (MG 13/90)
9
35-14 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
10 Glisson re certificate nos. 29082, 29083, and 29084 representing 29,999,997
shares CMKM (MG 14/90)
11
35-15 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
12 Glisson re certificate nos. 29089, 29090, 29091, 29092, 29093, 29094, and 26073
representing 63,500,010 shares CMKM (MG 15/90)
13
14 35-16 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 29087 representing 9,999,999 shares CMKM (MG
15 16/90)

16 35-17 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 16103 representing 150,000,000 shares CMKM (MG
17 34/90)

18 35-18 February 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17783 representing 405,000,000 shares CMKM (MG
19 35/90)

20 35-19 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 43488 representing 81,000,000 shares CMKM (MG
21 36/90)

22 35-20 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 68992 representing 30,000,000 shares CMKM (MG
23 37/90)

24 35-21 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 58659 representing 10,000,000 shares CMKM (MG
25 38/90)

26 35-22 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 68990 representing 100,000,000 shares CMKM (MG

53
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 55 of 127

39/90)
1
35-23 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
2 Glisson re certificate no. 51068 representing 79,999,985 shares CMKM (MG
40/90)
3
35-24 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
4 Glisson re certificate no. 19671 representing 495,000,000 shares CMKM (MG
41/90)
5
35-25 March 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
6 re certificate no. 51046 representing 40,000,000 shares CMKM (MG 42/90)
7 35-26 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 47953 representing 8,000,000 shares CMKM (MG 43/90)
8
35-27 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
9 re certificate no. 59621 representing 31,099,500 shares CMKM (MG 44/90)
10 35-28 March 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 63228, 73313, 73314, 73315 representing 61,992,285 shares
11 CMKM (MG 45/90)
12 35-29 March 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
13 re certificate no. 24784 representing 250,000,000 shares CMKM (MG 46/90)

14 35-30 March 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 32761 to 32793 = 33 and 74906 =1 for a total of 34
15 certificates representing 305,000,000 shares CMKM (MG 47/90)

16 35-31 March 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 74076 representing 22,145,450 shares CMKM (MG
17 48/90)

18 35-32 March 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 74907 representing 25,000,000 shares CMKM (MG
19 49/90)

20 35-33 March 14, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 68991 representing 50,000,000 shares CMKM (MG
21 50/90)

22 35-34 April 24, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 73312 representing 100,000,000 shares CMKM (MG 65/90)
23
35-35 April 24, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
24 re certificate no. 78921 representing 10,000,000 shares CMKM (MG 66/90)

25 35-36 April 24, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 25169 to 25177 and 25208 to 25238 and 78922 representing
26 401,999,899 shares CMKM (MG 67/90)

54
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 56 of 127

1 35-37 April 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 76959 representing 250,000,000 shares CMKM (MG 68/90)
2
35-38 April 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
3 re certificate nos. 25178 to 25190 and 25249 to 25276 and 25355 to 25380 and
25400 to 25430 plus 25635 and 79174 representing 990,499,759 shares CMKM
4 (MG 69/90 & 70/90)

5 35-39 May 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 62465 representing 46,500,000 shares CMKM (MG 71/90)
6
35-40 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
7 re certificate no. 79785 representing 11,499,759 shares CMKM (MG 72/90)

8 35-41 May 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 78566 representing 200,000,000 shares CMKM (MG 73/90 &
9 74/90)

10 35-42 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 22270 and 27484 to 27489 and 21710 and 21712 to 21719 and
11 21721 to 21729 and 21732 and 21734 to 21741 and 21720 and 22169 to 22174
representing 401,000,004 shares CMKM (MG 75/90)
12
35-43 May 11, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
13 re certificate no. 57295 representing 15,000,000 shares CMKM (MG 76/90)

14 35-44 May 11, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 32794 to 32801 and 32823 and 32825 and 32827 to 32842 and
15 32844 and 32846 to 32850 and 32852 and 33571 representing 303,000,000 shares
CMKM (MG 77/90 & 78/90)
16
36 February 9-10, 2006 email string between Susan O’Connor and
17 <delidoghouse@hotmail.com> re: “CMKX Stocks” (15/436)
18 37 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 49164 representing 85,000,0000 shares CMKM
19 (384/436 & MG 33/90)
20 38 January 12-13, 2006 email string between Stephanie Walker and
<delidoghouse@hotmail.com> re: “10,000,000 Shares of CMKX” (10/436
21 through 12/436)
22 39 May 9, 2006 email string between Warren Dufner and
<delidoghouse@hotmail.com> re: “stock certificates” (128/436)
23
40 April 20-21, 2006 email string between Fred Maltase and
24 <delidoghouse@hotmail.com> re: “certs/New Deal” (40/436 & 41/436)
25 41 March 29, 2006 Stock Sell-Purchase Agreement between Rendal Williams and
Marco Glisson (237/436)
26

55
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 57 of 127

1 42 April 5, 2006 Stock Sell-Purchase Agreement between Rendal Williams and


Marco Glisson (34/436)
2
43 December 19, 2005 letter from Leor Zolman re CMKM cert. 19897 (187/436)
3
44 November 22, 2006 email string between tina23fl@yahoo.com and
4 <delidoghouse@hotmail.com> re: “Are You Selling Shares?/Mailing Info/Funds
Info” (no bates number; two pages)
5
45 April 17, 2007 email from <delidoghouse@hotmail.com> to pr1@hotmail.com
6 (no bates number; one page)

7 165 December 15, 2005 email to <delidoghouse@hotmail.com> re: “CMKX Shares”


(159/436)
8
166 December 15, 2005 email to <delidoghouse@hotmail.com> re: “our conversation”
9 (160/436)

10 167 December 19, 2005 email to <delidoghouse@hotmail.com> re: “CMKX Shares”


(159/436)
11
168 December 19-20, 2005 email string with <delidoghouse@hotmail.com> re:
12 “Thanks for your Patience” (161/436 & 162/436)
13 169 December 29, 2005 email string with <delidoghouse@hotmail.com> re: “Larry
and Kirsten Ryan” (163/436)
14
170 December 30, 2005 email to <delidoghouse@hotmail.com> re: “CMKX Shares”
15 (164/436)
16 171 January 13, 2006 email string with <delidoghouse@hotmail.com> re:
“10,000,000m Shares of CMKX” (10/436 & 11/436)
17
172 January 14, 2006 email to <delidoghouse@hotmail.com> re: “Dan Weber
18 Certificate Information” (13/436 & 14/436)
19 173 January 17, 2006 email to <delidoghouse@hotmail.com> re: “CMKX
Certificates” (126/436)
20
174 January 24, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Certs
21 1/23/06” (124/436)
22 175 January 24, 2006 email to <delidoghouse@hotmail.com> re:
“ABADGOODGIRL’s Purchase Order LOL” (123/436)
23
176 February 5, 2006 email to <delidoghouse@hotmail.com> re: “(no subject)”
24 (148/436)
25 177 February 6, 2006 email to <delidoghouse@hotmail.com> re: “5,000,000M Shares
of CMKX” (117/436)
26

56
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 58 of 127

1 178 February 7, 2006 email string with <delidoghouse@hotmail.com> re: “CMKX


SHARES” (116/436)
2
179 February 9, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Shares for
3 Spud $2100 Worth…Thanks Deli” (115/436)

4 180 February 9, 2006 email to <delidoghouse@hotmail.com> re: “CMKX


Information” (113/436)
5
181 February 9, 2006 email to <delidoghouse@hotmail.com> re: “Info from
6 Koolmoney” (112/436)

7 182 February 9-10, 2006 email string with <delidoghouse@hotmail.com> re: “info”
(111/436)
8
183 February 9-10, 2006 email string with <delidoghouse@hotmail.com> re: “CMKX
9 Stocks” (15/436 through 20/436)

10 184 February 11, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Stock”


(110/436)
11
185 February 15, 2006 email to <delidoghouse@hotmail.com> re: “CMKX forever
12 !!!” (109/436)
13 186 February 16, 2006 email to <delidoghouse@hotmail.com> re: “sale of cmkm”
(108/436)
14
187 February 20, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Shares
15 (Friend of STAN)” (107/436)
16 188 February 21, 2006 email to <delidoghouse@hotmail.com> re: “more shares”
(101/436)
17
189 February 23, 2006 email to <delidoghouse@hotmail.com> re: “hey deli”
18 (105/436)
19 190 February 23, 2006 email string with <delidoghouse@hotmail.com> re: “Second
100,000,000 Shares of CMKX” (21/436)
20
191 February 24, 2006 email to <delidoghouse@hotmail.com> re: “CMKX 2nd
21 round” (104/436)
22 192 February 25, 2006 email to <delidoghouse@hotmail.com> re: “CMKX”
(103/436)
23
193 February 27, 2006 email to <delidoghouse@hotmail.com> re: “CMKX”
24 (102/436)
25 194 February 27, 2006 email to <delidoghouse@hotmail.com> re: “stock” (101/436)
26 195 February 28, 2006 email to <delidoghouse@hotmail.com> re: “new buyer”

57
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 59 of 127

(100/436)
1
196 February 28, 2006 email to <delidoghouse@hotmail.com> re: “Next New Guy”
2 (99/436)
3 197 March 1, 2006 email to <delidoghouse@hotmail.com> re: “CMKX cert” (98/436)
4 198 March 6, 2006 email to <delidoghouse@hotmail.com> re: “CMKX” (97/436)
5 199 March 7, 2006 email to <delidoghouse@hotmail.com> re: “CMKX” (96/436)
6 200 March 8, 2006 email to <delidoghouse@hotmail.com> re: “CMKX WIRE INFO”
(93/436)
7
201 March 10, 2006 email to <delidoghouse@hotmail.com> re: “cmkx shares”
8 (92/436)
9 202 March 12, 2006 email to <delidoghouse@hotmail.com> re: “CMKX” (25/436 &
10 26/436)

11 203 March 17, 2006 email to <delidoghouse@hotmail.com> re: “cmkx shares 2”


(91/436)
12
204 March 22, 2006 email to <delidoghouse@hotmail.com> re: “cmkx forever 1”
13 (90/436)

14 205 March 25, 2006 email to <delidoghouse@hotmail.com> re: “cmkm 2m” (27/436)

15 206 March 25, 2006 email to <delidoghouse@hotmail.com> re: “somers” (87/436)

16 207 March 25, 2006 email to <delidoghouse@hotmail.com> re: “cmkx certs”


(86/436)
17
208 March 25, 2006 email to <delidoghouse@hotmail.com> re: “CMKX” (28/436 &
18 29/436)

19 209 March 28, 2006 email to <delidoghouse@hotmail.com> re: “CMKX cert”


(88/436)
20
210 March 29, 2006 email to <delidoghouse@hotmail.com> re: “CMKX cert”
21 (84/436)

22 211 March 30, 2006 email to <delidoghouse@hotmail.com> re: “2 certs” (83/436)

23 212 March 30, 2006 email to <delidoghouse@hotmail.com> re: “cmkx forever 3”


(30/436 & 31 /436)
24
213 April 5, 2006 email to <delidoghouse@hotmail.com> re: “Cert Contacts” with
25 attached “Stock Sell-Purcahse Agreement” (32/436 through 34/436)

26 214 April 7, 2006 email string with <delidoghouse@hotmail.com> re: “Bank Info”
(81/436)

58
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 60 of 127

1 215 April 8, 2006 email string with <delidoghouse@hotmail.com> re: “cmkx


shares/Bank Info” (79/436 & 80/436)
2
216 April 10, 2006 email to <delidoghouse@hotmail.com> re: “Share Information-
3 Urgent” (35/436)

4 217 April 10, 2006 email to <delidoghouse@hotmail.com> re: “certs” (78/436)

5 218 April 11, 2006 email to <delidoghouse@hotmail.com> re: “Transfer Made” and
attachment (37/436 & 38/436)
6
219 April 11, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Shares”
7 (76/436)

8 220 April 13, 2006 email to <delidoghouse@hotmail.com> re: “Stocks” (75/436)

9 221 April 13, 2006 email to <delidoghouse@hotmail.com> re: “cert #” (74/436)

10 222 April 15, 2006 email to <delidoghouse@hotmail.com> re: “Per our conversation”
(72/436)
11
223 April 17, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Forever 5”
12 (71/436)
13 224 April 17, 2006 email to <delidoghouse@hotmail.com> re: “per our conversation”
(70/436)
14
225 April 19, 2006 email to <delidoghouse@hotmail.com> re: “info” (69/436)
15
226 April 20-21, 2006 email string with <delidoghouse@hotmail.com> re: “certs/ New
16 Deal” (40/436 & 41/436)
17 227 April 21, 2006 email to <delidoghouse@hotmail.com> re: “(no subject)” (67/436)
18 228 April 21, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Shares for
Mom” (66/436)
19
229 April 21, 2006 email to <delidoghouse@hotmail.com> re: “Wire done on 5 mil”
20 (157/436)
21 230 April 23, 2006 email to <delidoghouse@hotmail.com> re: “CMKX stock”
(156/436)
22
231 April 23, 2006 email to <delidoghouse@hotmail.com> re: “CMKX” (155/436)
23
232 April 25, 2006 email to <delidoghouse@hotmail.com> re: “Wiring Funds”
24 (154/436)
25 233 April 25, 2006 email string with <delidoghouse@hotmail.com> re: “Wiring Funds
/ Bank Info” (44/436 & 45/436)
26

59
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 61 of 127

1 234 April 25, 2006 email to <delidoghouse@hotmail.com> re: “FAX Information”


(46/436 & 47/436)
2
235 April 26, 2006 email to <delidoghouse@hotmail.com> re: “Stock” (151/436)
3
236 April 26, 2006 email to <delidoghouse@hotmail.com> re: “Hey Marco/DeliDog
4 my info” (153/436)

5 237 April 27, 2006 email to <delidoghouse@hotmail.com> re: “Joe” (48/436 &
49/436)
6
238 April 27, 2006 email to <delidoghouse@hotmail.com> re: “List” (148/436)
7
239 April 28, 2006 email to <delidoghouse@hotmail.com> re: “Deli….It’s
8 Buffet/Personal Info” (147/436)

9 240 April 28, 2006 email to <delidoghouse@hotmail.com> re: “CMKX shares…/


bank info” (50/436 through 53/436))
10
241 April 28, 2006 email to <delidoghouse@hotmail.com> re: “5 million shares”
11 (145/436)
12 242 April 29, 2006 email to <delidoghouse@hotmail.com> re: “(no subject)”
(144/436)
13
243 April 28-29, 2006 email string with <delidoghouse@hotmail.com> re: “INES /
14 CMKX SHARES” (54/436 & 55/436)
15 244 April 30, 2006 email to <delidoghouse@hotmail.com> re: “CMKX shares”
(143/436)
16
245 April 30, 2006 email to <delidoghouse@hotmail.com> re: “CMKX shares”
17 (51/436 through 60/436)
18 246 May 1, 2006 email to <delidoghouse@hotmail.com> re: “1 mill [sic] cert needed”
(142/436)
19
247 May 1, 2006 email to <delidoghouse@hotmail.com> re: “per Vinnie CMKX”
20 (140/436)
21 248 May 1, 2006 email to <delidoghouse@hotmail.com> re: “CMKX Shares for Sale”
(139/436)
22
249 May 2, 2006 email to <delidoghouse@hotmail.com> re: “Cert list” and
23 attachments (63/436 through 65/436)
24 250 May 2, 2006 email to <delidoghouse@hotmail.com> re: “charsyph deal”
(138/436)
25
251 May 3, 2006 email to <delidoghouse@hotmail.com> re: “CMKX shares”
26 (137/436)

60
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 62 of 127

1 252 May 3, 2006 email to <delidoghouse@hotmail.com> re: “CMKX shares / Bank


info” (61/436 & 62/436)
2
253 May 3, 2006 email to <delidoghouse@hotmail.com> re: “Names of shareholders
3 to be!” (127/436)

4 254 May 3, 2006 email to <delidoghouse@hotmail.com> re: “Last person to sign up!”
(135/436)
5
255 May 3, 2006 email to <delidoghouse@hotmail.com> re: “charsyph deal # 2”
6 (134/436)

7 256 May 4, 2006 email to <delidoghouse@hotmail.com> re: “cmkx” (1/436)

8 257 May 5, 2006 email to <delidoghouse@hotmail.com> re: “cmkx forever # 5”


(132/436)
9
258 May 7, 2006 email to <delidoghouse@hotmail.com> re: “cmkx” (130/436)
10
259 May 9, 2006 email string with <delidoghouse@hotmail.com> re: “stock
11 certificates” (128/436)
12 260 April 26, 2006 fax from W. Bodenmiller to Marco Glisson re: “30,000,0000
CMKM Share Purchase” (302/436 & 303/436)
13
261 May 2, 2006 fax from Carolyn O’Neill to Marco Glisson re: “Wire payment”
14 (279/436 & 280/436)
15 262 Marco Glisson profit and loss calculation for transactions involving 30,000,000
shares CMKX from certificate no. 21477 (195/436 through 199/436)
16
263 Marco Glisson profit and loss calculation for transactions involving 25,000,000
17 shares CMKX from certificate no. 24677 (172/436 & 173/436)
18 264 Marco Glisson profit and loss calculation for transactions involving 50,000,000
shares CMKX from certificate no. 19897 (185/436 & 186/436)
19
265 Marco Glisson profit and loss calculation for transactions involving 77,000,000
20 shares CMKX from certificate no. 23157 (169/436 & 170/436)
21 266 Marco Glisson profit and loss calculation for transactions involving 250,000,000
shares CMKX from certificate no. 21447 (188/436 & 189/436)
22
267 Marco Glisson profit and loss calculation for transactions involving 9,999,999
23 shares CMKX from certificate no. 30144 (165/436 & 166/436)
24 268 Marco Glisson profit and loss calculation for transactions involving 9,999,999
shares CMKX from certificate no. 14291 (353/436 through 355/436)
25
269 Marco Glisson profit and loss calculation for transactions involving 206,191,032
26 shares CMKX from certificate no. 26644 (192/436 through 194/436)

61
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 63 of 127

1 270 Marco Glisson profit and loss calculation for transactions involving 37,000,000
shares CMKX from certificate no. 31064 (356/436 through 358/436)
2
271 Marco Glisson profit and loss calculation for transactions involving 29,999,998
3 shares CMKX from certificate nos. 29082, 29083 (359/436 through 362/436)

4 272 Marco Glisson profit and loss calculation for transactions involving 29,999,998
shares CMKX from certificate no. 29080 (322/436 through 324/436)
5
273 Marco Glisson profit and loss calculation for transactions involving 63,500,001
6 shares CMKX from certificate nos. 29089, 29090, 29091, 29092, 29093, 29094,
26073 (371/436 through 374/436)
7
274 Marco Glisson profit and loss calculation for transactions involving 19,999,999
8 shares CMKX from certificate no. 29085, 29086 (367/436 through 370/436)

9 275 Marco Glisson profit and loss calculation for transactions involving 9,999,999
shares CMKX from certificate no. 29087 (349/436 through 352/436)
10
276 Marco Glisson memorandum re cost for 100,000,000 shares CMKX from
11 certificate no. 18128 (363/436 through 366/436)

12 277 Marco Glisson profit and loss calculation for transactions involving 9,999,999
shares CMKX from certificate no. 29088 (332/436)
13
278 Marco Glisson profit and loss calculation for transactions involving 9,000,000
14 shares CMKX from certificate no. 27006 (328/436 through 331/436)
15 279 Marco Glisson profit and loss calculation for transactions involving 9,999,999
shares CMKX from certificate no. 29079 (325/436 through 327/436)
16
280 Marco Glisson profit and loss calculation for transactions involving 3,000,000
17 shares CMKX from certificate no. 42458 (315/436 through 318/436)
18 281 Marco Glisson memorandum regarding transfer of 250,000,000 CMKM shares
from Alma Padilla to Marco Glisson at no charge (175/436 through 179/436)
19
282 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
20 Glisson re certificate no. 51105 representing 55,000,000 CMKM shares (435/436)
21 283 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 46959 representing 11,500,000 CMKM shares (411/436)
22
284 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
23 Glisson re certificate no. 19671 representing 495,000,000 CMKM shares
(398/436)
24
285 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
25 re certificate no. 47953 representing 8,000,000 CMKM shares (428/436)
26 286 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco

62
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 64 of 127

Glisson re certificate no. 42453 representing 5,000,000 CMKM shares (426/436)


1
287 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
2 Glisson re certificate no. 21183 representing 5,000,000 CMKM shares (427/436)
3 288 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 31759 representing 5,000,000 CMKM shares (406/436)
4
289 March 29, 2006 1st Global Stock Transfer Letter of Instruction from Marco
5 Glisson re certificate no. 23069 representing 250,000,000 CMKM shares
(392/436 & 393/436)
6
290 March 31, 2006 1st Global Stock Transfer Letter of Instruction from Marco
7 Glisson re certificate nos. 24954 to 24983 = 31 and 25000 to 25010 = 10 for total
of 41 certificates representing 409,999,959 CMKM shares (402/436)
8
291 March 31, 2006 1st Global Stock Transfer Letter of Instruction from Marco
9 Glisson re certificate no. 53297 representing 100,000,000 CMKM shares
(425/436)
10
292 April 6, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
11 re certificate nos. 25011 to 25030 = 20 and 25159 to 25168 = 10, 77834, 77815,
for a total of 32 certificates representing 316,999,929 CMKM shares (403/436)
12
13 293 April 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 23061 representing 275,000,000 CMKM shares (404/436)
14 294 April 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
15 re certificate nos. 25292 to 25321 = 30 and 78569 = 1 for total of 31 certificates
representing 316,999,929 CMKM shares (394/436)
16
295 April 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
17 re certificate no. 78570 representing 25,000,000 CMKM shares (407/436)

18 296 April 14, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 78568 representing 5,000,000 CMKM shares (424/436)
19
297 April 21, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
20 re certificate no. 47049 representing 50,000,000 CMKM shares (432/436)

21 298 April 21, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 77833 representing 50,000,000 CMKM shares (431/436)
22
299 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
23 re changes to allocations from certificate no. 78566 (423/436)

24 300 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 59621 representing 31,099,500 CMKM shares (408/436)
25
307 December 27, 2006 letter from Leor Zolman re CMKM stock certificates # 31064
26 and 14291 (251/436)

63
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 65 of 127

1 308 December 30, 2005 letter from Steven M. Brewer re CKMK stock certificates #
26973, 29082 through 29094 (309/436)
2
309 January 24, 2006 Stock Sell-Purchase Agreement between Marco Glisson and Eiji
3 Toda and Sakae Toda re CMKM certificate nos. 21183, 31759, and 42453
representing 15,000,000 shares CMKM, and also 75,000 shares Casavant
4 International Mining (“CIM”) (252/436)

5 310 January 29, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Donald Gardner re 85,000,000 shares CMKM and 928,520 shares CIM (217/436)
6
311 February 2, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
7 Donald Gardner re 85,000,000 shares CMKM represented by certificates no.
49164 and 928,250 shares CIM (243/436)
8
312 February 7, 2006 Stock Sell-Purchase Agreement between Marco Glisson and Eric
9 Bever re 55,000,000 shares CMKM represented by certificate no. 51105 and
828,160 shares CIM, and attached Bank and Account Wiring Instructions
10 Information (281/436 & 282/436)

11 313 February 9, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Shamsunder Gatupa and Ravitha Lingampally re 150,000,000 shares CMKM
12 represented by certificate no. 16103 and 3,800,000 shares CIM, attached Bank and
Account Wiring Instructions Information, and CKMK certificate no. 16103
13 (275/436 through 278/436)

14 314 February 15, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Thomas More Spencer and Laurae Valentine re 200,000,000 shares CMKM from
15 certificate no. 17783 (representing 405,000,000 shares) and right for Glisson to
sell the additional 205,000,000 shares and/or CIM and/or Entourage shares
16 (230/436)

17 315 February 21, 2006 letter from George Delo re CMKM certificate no. 58659
(253/436)
18
316 February 24, 2006 letter from Perry Hampton re CMKM certificate no. 51046
19 (271/436)
20 317 February 24, 2006 letter from Jeff Finerman re CMKM certificate no. 43488
(267/436)
21
318 February 27, 2006 letter from Dwayne L. Wells re CMKM certificate no. 59621
22 (272/436)
23 319 February 27, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Thomas More Spencer and Laurae Valentine re 495,500,000 shares CMKM
24 represented by certificate no. 19671 and attached Bank and Account Wiring
Instructions Information (283/436 & 284/436)
25
320 March 1, 2006 letter from Christopher Cook re CMKM certificate no. 47953
26 (273/436)

64
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 66 of 127

1 321 March 3, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Charles Rose re 12,500,000 shares CMKM represented by certificate nos. 48968
2 and 48969 (255/436)

3 322 March 8, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Reginald D. Barrow re 297,000,000 shares CMKM represented by certificates nos.
4 32761 to 32973 (33 certificates) and duplicate letter with handwritten number
“780 468-1096” (242/436 & 274/436)
5
323 March 23, 2006 letter from Jeff Finerman re CMKM certificate no. 23069 and
6 CIM certificate no. 7358 (241/436)

7 324 March 26, 2006 letter from Scott Kinelski re CMKM certificate no. 53297
(240/436)
8
325 March 29, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
9 Rendal Williams re CMKM stock certificate nos. 24954 to 24983 and 2500, 25002
to 25010 (237/436)
10
326 April 5, 2006 letter from Jeff Finerman re CMKM certificate no. 23061 and CIM
11 certificate no. 7357 (238/436)

12 327 April 5, 2006 Stock Sell-Purchase Agreement between Marco Glisson and Rendal
Williams re CMKM stock certificate nos. 25011 to 25030 and 25159 to 25168
13 (220/436)

14 328 April 13, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Rendal Williams re CMKM stock certificate nos. 25292 to 25321 and 25169 to
15 25177 and 25208 to 25238 (228/436)
16 329 April 25, 2006 Stock Sell-Purchase Agreement between Marco Glisson and
Reginald D. Barrow re 303,000,000 shares CMKM represented by 34 certificates
17 (225/436)
18 330 May 1, 2006 letter from Leor Zolman re CMKM stock certificate no. 62465
(234/436)
19
343 Account Card and related documents for Marco Glisson at Blackhawk Community
20 Credit Union, Account No. ##7650 (“7650 Account”) (4782-4786
21 344 Monthly Account Statements, 7650 Account, Blackhawk Community Credit
Union for the period from May 11, 2006 through March 31, 2007 (1149-1179)
22
345 Wire transfer detail for 7650 Account (1349-1693)
23
346 Money orders purchased from 7650 Account payable to 1st Global Stock Transfer
24 (1283-1284, 1288-1297, 1300-1304, 1306, 1309-1311, 1320, 1330-1334)
25 350 Certificate of Irrevocable Trust for “The Marco Glisson 2006 Irrevocable Trust”
(4821-4835)
26

65
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 67 of 127

1 352 Checks drawn on 7650 Account at Blackhawk Community Credit Union (1281-
1311)
2
386 Form SS-4, Application for Employer Identification Number for The Marco
3 Glisson 2006 Irrevocable Trust, signed by Marco Glisson, dated May 11, 2006
(4836)
4
389 May 30, 2006 check from Baird payable to Marco Glisson, 3823 Tamiami Trl E #
5 567, Naples FL 34112 (4850xlvi)

6 390 March 4, 2006 CMKM Certificate No. 74906 issued to Marco Glisson, for
8,000,000 shares CMKM common stock (4844)
7
391 March 4, 2006 CMKM Certificate No. 74976 issued to Marco Glisson for
8 22,145,450 shares CMKM common stock (4845)

9 392 January 1, 2006 CMKM Certificate No. 42458 issued to Marco Glisson for
3,000,000 shares CMKM common stock (4846)
10
393 January 12, 2006 CMKM Certificate No. 47018 issued to Marco Glisson for
11 80,000 shares CMKM common stock (4847)

12 394 January 12, 2006 CMKM Certificate No. 47019 issued to Marco Glisson for
8,000,000 shares CMKM common stock (4848)
13
395 January 19, 2006 CMKM Certificate No. 49892 issued to Marco Glisson for 7
14 shares CMKM common stock (4849)
15 400 Certified Copy of Current Report on Form 8-K dated February 5, 2004, received
by the Commission on March 14, 2005 under the name CMKM Diamonds, Inc.,
16 File No. 333-53808, pursuant to the provisions of the Securities Exchange Act of
1934 (numbered 1-28)
17
401 March 3, 2005 Order of Suspension of Trading issued by the Securities and
18 Exchange Commission In the Matter of CMKM Diamonds, Inc. a/k/a Casavant
Mining Kimberlite International, Inc. (1 page)
19
403 March 16, 2005 Order Instituting Administrative Proceeding and Notice of
20 Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, issued
by the Securities and Exchange Commission In the Matter of CMKM Diamonds,
21 Inc., Respondent (3 pages)
22 404 July 12, 2005 Initial Decision in the administrative proceeding captioned In the
Matter of CMKM Diamonds, Inc. (14 pages)
23
405 October 28, 2005 Order in the administrative proceeding captioned In the Matter
24 of CMKM Diamonds, Inc. (1 page)
25 407 December 9, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 30,000,000 CMKM shares
26 (08cv437-CMKM-0064552)

66
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 68 of 127

1 408 December 30, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 9,999,999 CMKM shares
2 (08cv437-CMKM-0068379)

3 409 December 30, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 26244 representing 206,191,032 CMKM shares
4 (08cv437-CMKM-0068380)

5 410 December 21, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 19897 representing 50,000,000 CMKM shares
6 (08cv437-CMKM-0070719)

7 411 January 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 27391 representing 27,000,000 CMKM shares
8 (08cv437-CMKM-0072777)

9 412 January 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 18128 representing 100,000,000 CMKM shares
10 (08cv437-CMKM-0072778)

11 413 January 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 27006 representing 9,000,000 CMKM shares
12 (08cv437-CMKM-0072779)

13 414 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 29087 representing 9,999,999 CMKM shares
14 (08cv437-CMKM-0074884)

15 415 January 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 29089, 29090, 29091, 29092, 29093, 29094 and 26073
16 representing 9,999,999 CMKM shares (08cv437-CMKM-0074913)
17 416 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 29085 and 29086 representing 9,999,999 CMKM shares
18 (08cv437-CMKM-0074914)
19 417 January 17, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 27627 representing 96,067,000 CMKM shares
20 (08cv437-CMKM-0074915)
21 418 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 29082, 29083 and 29084 representing 9,999,999
22 CMKM shares (08cv437-CMKM-0074916)
23 419 January 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 31064 representing 37,000,000 CMKM shares
24 (08cv437-CMKM-0077352)
25 420 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 24677 representing 25,000,000 CMKM shares
26 (08cv437-CMKM-0077358)

67
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 69 of 127

1 421 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 22564 representing 5,880,000 CMKM shares
2 (08cv437-CMKM-0077359)

3 422 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 27582 representing 14,254,314 CMKM shares
4 (08cv437-CMKM-0077360)

5 423 December 17, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 250,000,000 CMKM shares
6 (08cv437-CMKM-0077361)

7 424 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 23157 representing 77,000,000 CMKM shares
8 425(08cv437-CMKM-0077362)

9 425 December 21, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 31158 representing 5,000,000 CMKM shares
10 (08cv437-CMKM-0077375)

11 426 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 14755 representing 100,000,000 CMKM shares
12 (08cv437-CMKM-0077376)

13 427 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 22351 representing 50,000,000 CMKM shares
14 (08cv437-CMKM-0077377)

15 428 December 15, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17189 representing 50,000,000 CMKM shares
16 (08cv437-CMKM-0077378)
17 429 December 20, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 30145 representing 9,999,999 CMKM shares
18 (08cv437-CMKM-0077379)
19 430 December 20, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 30144 representing 9,999,999 CMKM shares
20 (08cv437-CMKM-0077380)
21 431 December 21, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 19244 representing 50,000,000 CMKM shares
22 (08cv437-CMKM-0077381)
23 432 December 17, 2005 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21477 representing 250,000,000 CMKM shares
24 (08cv437-CMKM-0077630)
25 433 January 25, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 42458 representing 3,000,000 CMKM shares
26 (08cv437-CMKM-0080562)

68
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 70 of 127

1 434 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 29088 representing 9,999,999 CMKM shares
2 (08cv437-CMKM-0080563)

3 435 January 25, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 47019 representing 9,999,999 CMKM shares
4 (08cv437-CMKM-0080564)

5 436 January 25, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 29079 representing 9,999,999 CMKM shares
6 (08cv437-CMKM-0080565)

7 437 January 30, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 47018, 49890, 49891 and 49892 representing
8 159,647,008 CMKM shares (08cv437-CMKM-0080660)

9 438 January 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 29080 representing 9,999,999 CMKM shares (08cv437-
10 CMKM-0080661)

11 439 February 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 47020 representing 40,000 CMKM shares (08cv437-
12 CMKM-0084937)

13 440 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 49164 representing 85,000,000 CMKM shares
14 (08cv437-CMKM-0084938-9)

15 441 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 16103 representing 150,000,000 CMKM shares
16 (08cv437-CMKM-0084940)
17 442 February 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 51413 representing 7,000,000 CMKM shares
18 (08cv437-CMKM-0087474)
19 443 February 20, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17783 representing 405,000,000 CMKM shares
20 (08cv437-CMKM-0088815)
21 444 February 22, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 17783 representing 20,000,000 CMKM shares
22 (08cv437-CMKM-0088816)
23 445 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 51105 representing 55,000,000 CMKM shares
24 (08cv437-CMKM-0091894-5)
25 446 February 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 46959 representing 11,500,000 CMKM shares
26 (08cv437-CMKM-0091896)

69
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 71 of 127

1 447 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 47953 representing 8,000,000 CMKM shares (08cv437-CMKM-
2 0093379)

3 448 March 2, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 51046 representing 40,000,000 CMKM shares (08cv437-
4 CMKM-0093380)

5 449 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 59621 representing 31,099,500 CMKM shares (08cv437-
6 CMKM-0093381)

7 450 March 1, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 19671 representing 495,000,000 CMKM shares
8 (08cv437-CMKM-0095182)

9 451 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 19671 representing 495,000,000 CMKM shares
10 (08cv437-CMKM-0095183)

11 452 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 51068 representing 79,999,985 CMKM shares
12 (08cv437-CMKM-0095184)

13 453 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 51068 representing 79,999,985 CMKM shares
14 (08cv437-CMKM-0095185)

15 454 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 68992 representing 30,000,000 CMKM shares
16 (08cv437-CMKM-0095187)
17 455 February 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 58659 representing 10,000,000 CMKM shares
18 (08cv437-CMKM-0095188)
19 456 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 68990 representing 100,000,000 CMKM shares
20 (08cv437-CMKM-0095189-90)
21 457 February 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 43488 representing 81,000,000 CMKM shares
22 (08cv437-CMKM-0095191)
23 458 March 3, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate representing 500,000 CMKM shares (08cv437-CMKM-0095192)
24
459 April 6, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
25 re certificate nos. 25011 to 25030, 25159 to 25168, 77834 and 77815 representing
316,999,929 CMKM shares (08cv437-CMKM-0099340)
26

70
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 72 of 127

1 460 April 6, 2006 email from delidoghouse@hotmail.com to leslie at 1st Global Stock
Transfer Letter re: Second Change for Cert. No. 23061 Just Came Late Night
2 (08cv437-CMKM-0099341)

3 461 April 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 23061 representing 275,000,000 CMKM shares (08cv437-
4 CMKM-0099342)

5 462 March 31, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 24954 to 24983 and 25000 to 25010 representing
6 409,999,959 CMKM shares (08cv437-CMKM-0099906)

7 463 March 31, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 53297 representing 100,000,000 CMKM shares
8 (08cv437-CMKM-0099921)

9 464 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 42453 representing 5,000,000 CMKM shares
10 (08cv437-CMKM-0099922)

11 465 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 21183 representing 5,000,000 CMKM shares
12 (08cv437-CMKM-0099923)

13 466 March 27, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 31759 representing 5,000,000 CMKM shares
14 (08cv437-CMKM-0099924)

15 467 March 29, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 23069 representing 250,000,000 CMKM shares
16 (08cv437-CMKM-0099925)
17 468 April 4, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 23069 representing 250,000,000 CMKM shares
18 (08cv437-CMKM-0099926)
19 469 March 13, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 068991 representing 15,000,000 CMKM shares
20 (08cv437-CMKM-0100814)
21 470 March 14, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 068991 representing 50,000,000 CMKM shares
22 (08cv437-CMKM-0101120)
23 471 March 30, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 74907 representing 25,000,000 CMKM shares
24 (08cv437-CMKM-0101161)
25 472 March 7, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 63228, 73313, 73314 and 73315 representing 61,992,285
26 CMKM shares (08cv437-CMKM-0101382)

71
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 73 of 127

1 473 March 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate nos. 32761, 32762, 32763, 32764, 32765, 32766, 32767,
2 32768, 32769, 32770, 32771, 32772, 32773, 32774, 32775, 32776, 32777, 32778,
32779, 32780, 32781, 32783, 32784, 32785, 32786, 32787, 32788, 32789, 32790,
3 32791, 32792, 32793 and 74906 representing 305,000,000 CMKM shares
(08cv437-CMKM-0101565)
4
474 March 10, 2006 1st Global Stock Transfer Letter of Instruction from Marco
5 Glisson re certificate no. 74076 representing 22,145,450 CMKM shares
(08cv437-CMKM-0101566)
6
475 April 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
7 re certificate nos. 25292 to 25321 and 78569 representing 301,999,899 CMKM
shares (08cv437-CMKM-0102882)
8
476 April 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
9 re certificate nos. 25292 to 25321 representing 316,999,929 CMKM shares
(08cv437-CMKM-0102883)
10
477 April 12, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
11 re certificate no. 78570 representing 25,000,000 CMKM shares
(08cv437-CMKM-0102927)
12
478 April 24, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
13 re certificate nos. 25169 to 25177, 25208 to 25238 and 78922 representing
401,999,899 CMKM shares (08cv437-CMKM-0103324)
14
479 April 21, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
15 re certificate no. 47049 representing 50,000,000 CMKM shares (08cv437-
CMKM-0103340)
16
480 April 24, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
17 re certificate no. 73312 representing 100,000,000 CMKM shares (08cv437-
CMKM-0103341)
18
481 April 21, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
19 re certificate no. 77833 representing 50,000,000 CMKM shares (08cv437-
CMKM-0103342)
20
482 April 14, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
21 re certificate no. 78568 representing 5,000,000 CMKM shares (08cv437-CMKM-
0103343)
22
483 April 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
23 re certificate nos. 25178 to 25190, 25249 to 25276, 25355 to 25380, 25400 to
25430, 25635 and 79174 representing 990,499,759 CMKM shares (08cv437-
24 CMKM-0104486-7)
25 484 April 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 76959 representing 250,000,000 CMKM shares (08cv437-
26 CMKM-0104493)

72
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 74 of 127

1 485 May 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 78566 representing 200,000,000 CMKM shares (08cv437-
2 CMKM-0105731-2)

3 486 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 78566 representing 200,000,000 CMKM shares (08cv437-
4 CMKM-0105733)

5 487 May 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 062465 representing 46,500,000 CMKM shares (08cv437-
6 CMKM-0105734)

7 488 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate nos. 22270, 27484 to 27489, 21710, 21712 to 21719, 21721 to
8 21729, 21732, 21734 to 21741, 21720 and 22169 to 22174 representing
401,000,004 CMKM shares (08cv437-CMKM-0105867)
9
489 May 8, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
10 re certificate no. 79785 representing 11,499,759 CMKM shares (08cv437-
CMKM-0105888)
11
490 April 28, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
12 re certificate nos. 25178 to 25190, 25249 to 25276, 25355 to 25380, 25400 to
25430, 25635 and 79174 representing 990,499,759 CMKM shares (08cv437-
13 CMKM-0105894)

14 491 May 11, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 57295 representing 15,000,000 CMKM shares (08cv437-
15 CMKM-0107035)

16 492 May 13, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 57295 representing 15,000,000 CMKM shares (08cv437-
17 CMKM-0107862)
18 493 May 22, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 81309 representing 303,000,000 CMKM shares (08cv437-
19 CMKM-0109236)
20 494 May 25, 2006 1st Global Stock Transfer Letter of Instruction from Marco Glisson
re certificate no. 81308 representing 58,000,000 CMKM shares (08cv437-
21 CMKM-0109237)
22 495 October 10, 2006 note from Marco Glisson to 1st Global Stock Transfer re:
Patricia D. Kalous certificate representing 58,000,000 CMKM shares (08cv437-
23 CMKM-0109238)
24 496 September 12, 2007 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 64550 representing 150,000,000 CMKM shares
25 (08cv437-CMKM-0109907)
26 497 September 5, 2006 1st Global Stock Transfer Letter of Instruction from Marco
Glisson re certificate no. 89596 representing 58,000,000 CMKM shares

73
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 75 of 127

(08cv437-CMKM-0109912)
1
498 September 14,2 006 letter from Marco Glisson to 1st Global Stock Transfer
2 (08cv437-CMKM-0109902)
3 499 May 16, 2006 email from delidoghouse to Leslie at 1st Global Stock Transfer re:
2 return certs wed 5/17/06 (08cv437-CMKM-0107861)
4
503 January 19, 2007 1st Global Stock Transfer Letter of Instruction from Marco
5 Glisson re certificate no. 87523 representing 7,677,750,000 CMKM shares (no
bates number, one page)
6
515 Letter from SEC (Leslie A. Hakala) to Marco Glisson dated June 12, 2006 Re: In
7 the Matter of CMKM Diamonds, Inc. LA-3028, enclosing among other things,
SEC Form 1662 (5-04)-
8
518 Letter from the SEC (Leslie A. Hakala) to Marco Glisson dated March 15, 2007
9 Re: In the Matter of CMKM Diamonds, Inc. LA-3028, enclosing among other
things, SEC Form 1662 (5-04)
10 523 CMKM (Casavant Mining Kimberlite International, Inc.) Registration Statement
on Form 15 filed with the SEC pursuant to Section 12(g) of the Securities
11 Exchange Act of 1934 (Commission File No. 000-30551)
12 527 CMKM stock certificate No. 7527 dated January 19, 2007 for 7,000,000,000
shares registered to Thidarat Tungwongsathong
13
533 SEC Complaint in this Action SEC v. Marco Glisson, Case No. 2:09-cv-00104-
14 LDG-GWF
15
16 (b) As to the following additional exhibits the parties have reached
17 stipulations stated:
18
19 Exhibit Description Stipulation
No.
20 141 Declaration of Marco Glisson in Support of Stipulate to authenticity but not
His Opposition to SEC’s Motion for admissibility
21 Summary Judgment, dated November 13,
2009 (no bates number, 28 pages)
22
510 SEC General Release (guidance) on the Plaintiff stipulates to authenticity
23 Dealer-Trader Distinction, SEC Securities but not admissibility; object that
Exchange Act Release No. 46,745, 78 SEC lack of foundation and relevance
24 Docket, 2143 (2002)
516 SEC Enforcement Manual Plaintiff has not seen the particular
25 document being offered by
defendant, but will likely stipulate
26 to the authenticity of its manual;
however, plaintiff reserves

74
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 76 of 127

objections to foundation and


1 relevance
2 519 SEC Supplemental Information For Plaintiff stipulates to authenticity
Persons Required to Supply Information of its form, but objects to the
3 Voluntarily or Directed to Supply extent this is cumulative of
Information Pursuant to a Commission Defendant’s Exhibit 518, and on
4 Subpoena (SEC 1662 (5-04) relevance grounds
521 SEC Order Directing Private Investigation Plaintiff stipulates to the
5 And Designating Officers To Take authenticity of its Order, but
Testimony of Investigation dated March 2, objects on foundation and
6 2005 In the Matter of CMKM Diamonds, relevance grounds
Inc., a/k/a Casavant Mining Kimberlite
7 International, Inc. (LA-3028)
8
9 (c) As to the following exhibits, the party against whom the same will be
10 offered objects to their admission upon the grounds stated:
11 (1) Set forth defendant’s objections to plaintiff’s exhibits
12
13 Plaintiff’s Exhibits
(and Defendant’s Objections thereto)
14
Exhibit Description Objection
15 No.
4-0 August 20, 2007 Cover Letters for Marco No foundation, relevancy,
16 Glisson Document Production (177 pages foundation
labeled MG 1 to MG 177)
17
18 8 July 7, 2006 letter from Terry Nelson, No foundation, relevancy,
Foley & Lardner LLP, to Leslie Hakala, foundation
19 U.S. Securities and Exchange Commission,
re: In the Matter of CMKM Diamonds,
20 Inc., LA-3028. (no bates number, two
pages)
21 9 June 6, 2006 letter from Terry Nelson, No foundation, relevancy, no
22 Foley & Lardner LLP, to Gregory Kipfer, foundation, hearsay
Bureau of Registration and Enforcement,
23 Division of Securities, Department of
Financial Institutions, Madison, WI, re:
24 Marco Glisson (MG 80/90 through MG
82/90)
25
15 Blackhawk Credit Union, Account Authenticity, no foundation,
26 Documents for Marco Glisson, Table of relevancy, hearsay, vague and
Contents (no bates numbers) ambiguous including as to time

75
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 77 of 127

and joint authority designation


1
16 “Wire Transfers Into and Out From Authenticity, no foundation,
2 Account ##8307, ##3788, ##7650, 1/5/05 – hearsay, relevancy, vague and
4/25/07,” from Blackhawk Credit Union ambiguous
3 (26-33)

4 17 December 16, 2005 Blackhawk Authenticity, no foundation,


Community Credit Union Wire Transfer relevancy, hearsay
5 Request in the amount of $72,000.00 from
Alma Padilla, account number ##3788 for
6 the benefit of Behrens International Group
LLC (181/436)
7
19 December 2, 2005 Blackhawk Community Authenticity, no foundation,
8 Credit Union Wire Transfer Request in the relevancy, hearsay
amount of $1,200.00 from Alma Padilla,
9 account number ##3788 for the benefit of
Samuel H. Seymour & December 6, 2005
10 Blackhawk Community Credit Union Wire
Transfer Request in the amount of
11 $13,800.00 from Alma Padilla, account
number ##3788 for the benefit of Samuel
12 H. Seymour (199/436 & 198/436)

13 46 November 20, 2005 article from the Authenticity, no foundation,


Janesville Gazette titled: “Woman reports hearsay, relevancy, vague and
14 fraud” (no bates number; one page) ambiguous and unduly prejudicial
47 Bank statement for BofA 3830 Account Authenticity, no foundation,
15 and BofA 9145 Account for the period 08- hearsay, relevancy, vague and
07-06 through 08-14-06 (SEC-LA-3028- ambiguous and beyond scope of
16 CMKM0064852 -54) the complaint
17 48 Bank statement for BofA 3830 Account Authenticity, no foundation,
and BofA 9145 Account for the period 10- hearsay, relevancy, vague and
18 13-06 through 11-10-06 (SEC-LA-3028- ambiguous and beyond scope of
CMKM0064862-64) the complaint
19
20 49 Bank statement for BofA 3830 Account Authenticity, no foundation,
and BofA 9145 Account for the period 11- hearsay, relevancy, vague and
21 11-06 through 12-11-06 (SEC-LA-3028- ambiguous and beyond scope of
CMKM0064865-68) the complaint
22 50 November 16, 2006 Bank of America Authenticity, no foundation,
23 deposit ticket and related documents for hearsay, relevancy, vague and
deposit into BofA 9145 Account in the ambiguous and beyond scope of
24 amount of $950.00 (SEC-LA-3028- the complaint
CMKM0064996-97)
25
51 Bank statement for BofA 3830 Account Authenticity, no foundation,
26 and BofA 9145 Account for the period 12- hearsay, relevancy, vague and
12-06 through 01-11-07 (SEC-LA-3028- ambiguous and beyond scope of

76
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 78 of 127

CMKM0064869-72) the complaint


1
52 February 2, 2007 check drawn on BofA Authenticity, no foundation,
2 9145 Account in the amount of $1,000.00 hearsay, relevancy, vague and
payable to Wordsmith Media; memo: ambiguous and beyond scope of
3 “Richard Saporito (10,000 shares)” (SEC- the complaint
LA-3028-CMKM0064906)
4
53 March 15, 2007 check drawn on BofA Authenticity, no foundation,
5 9145 Account in the amount of $3,000.00 hearsay, relevancy, vague and
payable to Wordsmith Media; memo: ambiguous and beyond scope of
6 “Joseph Kormos Shares” (SEC-LA-3028- the complaint
CMKM0064910)
7
54 June 12, 2007 check drawn on BofA 9145 Authenticity, no foundation,
8 Account in the amount of $5,654.00 hearsay, relevancy, vague and
payable to Ross Title & Escrow, Inc.; ambiguous and beyond scope of
9 memo: “Regency Woods # 103H” (SEC- the complaint
LA-3028-CMKM0064918)
10
55 June 13, 2007 check drawn on BofA 9145 Authenticity, no foundation,
11 Account in the amount of $1,251.50 hearsay, relevancy, vague and
payable to 1st Global Stock Transfer; ambiguous and beyond scope of
12 memo: “Cert # 12181” (SEC-LA-3028- the complaint
CMKM0064921)
13
56 May 4, 2008 email from nucfed to Leslie Authenticity, foundation, hearsay,
14 Hakala re: “Marco Glisson” (no bates relevancy and vague and
number; one page) ambiguous
15
57 Bank statement for BofA 3830 Account Authenticity, no foundation,
16 and BofA 9145 Account for the period 01- hearsay, relevancy, vague and
12-07 through 02-08-07 (SEC-LA-3028- ambiguous and beyond scope of
17 CMKM0064873-76) the complaint

18 58 January 12, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
19 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$7,550.00 (SEC-LA-3028- the complaint
20 CMKM0065000-02)
21 59 January 16, 2007 Bank of America deposit Authenticity, no foundation,
ticket and related documents for deposit hearsay, relevancy, vague and
22 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$7,616.00 (SEC-LA-3028- the complaint
23 CMKM0065003-06)
24 60 January 16, 2007 Bank of America deposit Authenticity, no foundation,
ticket and related documents for deposit hearsay, relevancy, vague and
25 into BofA 9145 account in the amount of ambiguous and beyond scope of
$7,735.00 (SEC-LA-3028- the complaint
26 CMKM0065007, 009-17)

77
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 79 of 127

1 61 January 17, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
2 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$11,550.00 (SEC-LA-3028- the complaint
3 CMKM0065018-27)

4 62 January 19, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
5 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$50,000.00 (SEC-LA-3028- the complaint
6 CMKM0065031-32)

7 63 January 22, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
8 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$36,000.00 (SEC-LA-3028- the complaint
9 CMKM0065033-38)

10 64 January 24, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
11 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$5,800.00 (SEC-LA-3028- the complaint
12 CMKM0065039-45)

13 65 February 5, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
14 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$4,900.00 (SEC-LA-3028- the complaint
15 CMKM0065073-76)

16 66 February 6, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
17 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$11,305.00 (SEC-LA-3028- the complaint
18 CMKM0065077-83)

19 67 February 6, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
20 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$150,000.00 (SEC-LA-3028- the complaint
21 CMKM0065084-85)

22 68 Bank statement for BofA 3830 Account Authenticity, no foundation,


and BofA 9145 Account for the period 02- hearsay, relevancy, vague and
23 09-07 through 03-13-07 (SEC-LA-3028- ambiguous and beyond scope of
CMKM0064877-81) the complaint
24
69 February 12, 2007 Bank of America Authenticity, no foundation,
25 deposit ticket and related documents for hearsay, relevancy, vague and
deposit into BofA 9145 Account in the ambiguous and beyond scope of
26 amount of $4,700.00 (SEC-LA-3028- the complaint

78
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 80 of 127

CMKM0065086, 088-90)
1
70 March 1, 2007 Bank of America deposit Authenticity, no foundation,
2 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
3 $80,300.00 (SEC-LA-3028- the complaint
CMKM0065136-47)
4
71 March 5, 2007 Bank of America deposit Authenticity, no foundation,
5 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
6 $40,085.00 (SEC-LA-3028- the complaint
CMKM0065148-73)
7
72 March 12, 2007 Bank of America deposit Authenticity, no foundation,
8 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
9 $9,550.00 (SEC-LA-3028- the complaint
CMKM0065174-78)
10
73 March 12, 2007 Bank of America deposit Authenticity, no foundation,
11 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
12 $15,122.93 (SEC-LA-3028- the complaint
CMKM0065179-81)
13
74 March 12, 2007 Bank of America deposit Authenticity, no foundation,
14 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
15 $21,930.50 (SEC-LA-3028- the complaint
CMKM0065182-200)
16
75 Bank statement for BofA 3830 Account Authenticity, no foundation,
17 and BofA 9145 Account for the period 03- hearsay, relevancy, vague and
14-07 through 04-11-07 (SEC-LA-3028- ambiguous and beyond scope of
18 CMKM0064882-86) the complaint
19 76 March 15, 2007 Bank of America deposit Authenticity, no foundation,
20 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
21 $81,798.50 (SEC-LA-3028- the complaint
CMKM0065201-13)
22 77 March 29, 2007 Bank of America deposit Authenticity, no foundation,
23 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
24 $18,215.00 (SEC-LA-3028- the complaint
CMKM0065216-26)
25
78 April 6, 2007 Bank of America deposit Authenticity, no foundation,
26 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of

79
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 81 of 127

$18,500.00 (SEC-LA-3028- the complaint


1 CMKM0065229-47)
2 79 Bank statement for BofA 3830 Account Authenticity, no foundation,
and BofA 9145 Account for the period 04- hearsay, relevancy, vague and
3 12-07 through 05-11-07 (SEC-LA-3028- ambiguous and beyond scope of
CMKM0064887-90) the complaint
4
80 May 11, 2007 Bank of America deposit Authenticity, no foundation,
5 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
6 $300,000.00 (SEC-LA-3028- the complaint
CMKM0065287-88)
7
81 June 19, 2007 Bank of America deposit Authenticity, no foundation,
8 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
9 $147,300.00 (SEC-LA-3028- the complaint
CMKM0065299-301, 65282, 65276,
10 65302)
11 82 Bank statement for BofA 3830 Account Authenticity, no foundation,
and BofA 9145 Account for the period 05- hearsay, relevancy, vague and
12 12-07 through 06-12-07 (SEC-LA-3028- ambiguous and beyond scope of
CMKM0064891-95) the complaint
13
83 June 5, 2007 Bank of America deposit Authenticity, no foundation,
14 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
15 $2,576.20 (SEC-LA-3028- the complaint
CMKM0065293-95)
16
84 May 5, 2007 Bank of America deposit Authenticity, no foundation,
17 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account nt in the amount ambiguous and beyond scope of
18 of $50,000.00 (SEC-LA-3028- the complaint
CMKM0065289-90)
19
20 85 April 12, 2007 Bank of America deposit Authenticity, no foundation,
ticket and related documents for deposit hearsay, relevancy, vague and
21 into BofA 9145 Account in the amount of ambiguous and beyond scope of
$58,450.00 (SEC-LA-3028- the complaint
22 CMKM0065248-64)

23 86 April 23, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and
24 into BofA 9145 Account ount in the ambiguous and beyond scope of
amount of $12,000.00 (SEC-LA-3028- the complaint
25 CMKM0065265-67)

26 87 April 26, 2007 Bank of America deposit Authenticity, no foundation,


ticket and related documents for deposit hearsay, relevancy, vague and

80
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 82 of 127

into BofA 9145 Account in the amount of ambiguous and beyond scope of
1 $3,150.00 (SEC-LA-3028- the complaint
CMKM0065268-70)
2
88 April 26, 2007 Bank of America deposit Authenticity, no foundation,
3 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
4 $7,750.00 (SEC-LA-3028- the complaint
CMKM0065271-75, 77-81, 83-84)
5
89 May 11, 2007 Bank of America deposit Authenticity, no foundation,
6 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
7 $7,500.00 (SEC-LA-3028- the complaint
CMKM0065285-86)
8
90 June 26, 2007 Bank of America deposit Authenticity, no foundation,
9 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
10 $1,100.00 (SEC-LA-3028- the complaint
CMKM0065303-06)
11
91 June 15, 2007 Bank of America deposit Authenticity, no foundation,
12 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
13 $4,050.00 (SEC-LA-3028- the complaint
CMKM0065296-98)
14
92 June 27, 2007 Bank of America deposit Authenticity, no foundation,
15 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
16 $7,100.00 (SEC-LA-3028- the complaint
CMKM0065307-09)
17
93 July 2, 2007 Bank of America deposit Authenticity, no foundation,
18 ticket and related documents for deposit hearsay, relevancy, vague and
into BofA 9145 Account in the amount of ambiguous and beyond scope of
19 $2,445.00 (SEC-LA-3028- the complaint
CMKM0065310-15)
20
21 95 April 30, 2010 email string between Aaron Authenticity, foundation,
at Transfer Online and Kevin West at relevancy, hearsay, vague and
22 CMKM Diamonds re: “Transfer request ambiguous, beyond the scope of
over 500 million” (OST 00228-9) the Complaint (admissibility if any
23 should be limited solely to
reasonable likelihood of future
24 violations)
96 May 11, 2010 email string between Aaron Authenticity, foundation,
25 at Transfer Online and Kevin West at relevancy, hearsay, vague and
CMKM Diamonds re: “cert #87527 for 7 ambiguous, beyond the scope of
26 billion shares” (OST 00274) the Complaint (admissibility if any
should be limited solely to

81
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 83 of 127

reasonable likelihood of future


1 violations)
2 97 April 16, 2010 Transfer Online, Inc. Authenticity, foundation,
Transaction Invoice and related records for relevancy, hearsay, vague and
3 cancellation of CMKM certificate no. ambiguous, beyond the scope of
87822, in the name of Thidarat the Complaint (admissibility if any
4 Tungwongsathong, and issuance of should be limited solely to
certificate no. T 1054, in the name of reasonable likelihood of future
5 Marco Glisson, for 303 million shares violations)
CMKM (OST 00891, 93-94)
6
98 December 7, 2010 Transfer Online Invoice Authenticity, foundation,
7 Summaries for Allen Ray Glisson, Marco relevancy, hearsay, vague and
Glisson, and Thidarat Tungwongsathong ambiguous, beyond the scope of
8 (OST 00001-3) the Complaint (admissibility if any
should be limited solely to
9 reasonable likelihood of future
violations)
10 99 April 16, 2010 Transfer Online, Inc. Authenticity, foundation,
transaction invoice billed to Thidarat relevancy, hearsay, vague and
11 Tungwongsathong relating to reissuance of ambiguous, beyond the scope of
425 million CMKM shares (OST 00895) the Complaint (admissibility if any
12 should be limited solely to
reasonable likelihood of future
13 violations)
14 100 April 15, 2010 Transfer Online Letter of Authenticity, foundation,
Instruction re certificate no. 87881 relevancy, hearsay, vague and
15 representing 425 million shares CMKM ambiguous, beyond the scope of
(OST 00898-901) the Complaint (admissibility if any
16 should be limited solely to
reasonable likelihood of future
17 violations)
101 April 22, 2010 Transfer Online, Inc. Authenticity, foundation,
18 transaction invoice billed to Thidarat relevancy, hearsay, vague and
Tungwongsathong relating to reissuance of ambiguous, beyond the scope of
19 50 million CMKM shares (OST 00911) the Complaint (admissibility if any
should be limited solely to
20 reasonable likelihood of future
violations)
21
102 April 21, 2010 Transfer Online Letter of Authenticity, foundation,
22 Instruction re certificate no. T 1129 relevancy, hearsay, vague and
representing 50 million shares CMKM ambiguous, beyond the scope of
23 (OST 00912-14) the Complaint (admissibility if any
should be limited solely to
24 reasonable likelihood of future
violations)
25 103 CMKM Diamonds, Inc. Stock Certificate Authenticity, foundation,
26 for 50,000,000 shares (OST 00915-16) relevancy, hearsay, vague and
ambiguous, beyond the scope of
the Complaint (admissibility if any

82
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should be limited solely to


1 reasonable likelihood of future
violations)
2
104 September 3, 2010 Transfer Online, Inc. Authenticity, foundation,
3 transaction invoice billed to Thidarat relevancy, hearsay, vague and
Tungwongsathong relating to reissuance of ambiguous, beyond the scope of
4 533,800,00 CMKM shares (OST 01649- the Complaint (admissibility if any
52) should be limited solely to
5 reasonable likelihood of future
violations)
6 106 “Just in Time” List” (OST 00320-47) Authenticity, foundation,
relevancy, hearsay, vague and
7 ambiguous, beyond the scope of
the Complaint (admissibility if any
8 should be limited solely to
reasonable likelihood of future
9 violations)
10 107 Transfer Online CMKM Daily Journal Authenticity, foundation,
(OST 00486-547) relevancy, hearsay, vague and
11 ambiguous, beyond the scope of
the Complaint (admissibility if any
12 should be limited solely to
reasonable likelihood of future
13 violations)
108 August 6, 2010 Transfer Online, Inc. Authenticity, foundation,
14 transaction invoice billed to Thidarat relevancy, hearsay, vague and
Tungwongsathong relating to reissuance of ambiguous, beyond the scope of
15 1,032,000,000 CMKM shares (OST the Complaint (admissibility if any
01296-304) should be limited solely to
16 reasonable likelihood of future
violations)
17
109 July 28, 2010 Transfer Online Letter of Authenticity, foundation,
18 Instruction re certificate no. T 2016 relevancy, hearsay, vague and
representing 1,000,000,000 shares CMKM ambiguous, beyond the scope of
19 (OST 01318-53) the Complaint (admissibility if any
should be limited solely to
20 reasonable likelihood of future
violations)
21 110 August 5, 2010 email from DeliDogHouse Authenticity, foundation,
to Aaron White re: “Final Amendment (3) relevancy, hearsay, vague and
22 for Cert T-2016” (OST 00210-13) ambiguous, beyond the scope of
the Complaint (admissibility if any
23 should be limited solely to
reasonable likelihood of future
24 violations)
25 127 Production by Thidarat Tungwongsathong Foundation, relevancy, hearsay,
and Marco Glisson on January 10, 2011 of vague and ambiguous and beyond
26 emails to <delidoghouse@hotmail.com> the scope of the Complaint
regarding CMKM shares transactions in (admissibility if any should be

83
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2010 (numbered A1-340) limited solely to reasonable


1 likelihood of future violations)
2 129 April 15, 2010 Irrevocable Stock/Bond Foundation, relevancy, hearsay,
Power Form re 425 million shares CMKM beyond the scope of the Complaint
3 from Thidarat Tungwongsathong to (admissibility if any should be
Transfer Online (OST 00896-00897) limited solely to reasonable
4 likelihood of future violations)
130 May 3, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
5 transaction invoice billed to Thidarat beyond the scope of the Complaint
Tungwongsathong relating to reissuance of (admissibility if any should be
6 3,219,000,000 CMKM shares and related limited solely to reasonable
documents (OST 00932-00955) likelihood of future violations)
7
131 July 22, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
8 transaction invoice billed to Thidarat beyond the scope of the Complaint
Tungwongsathong relating to reissuance of (admissibility if any should be
9 46 million CMKM shares and related limited solely to reasonable
documents (OST 01151-01164) likelihood of future violations)
10
132 July 30 – August 3, 2010 email string Foundation, relevancy, hearsay,
11 between <delidoghouse@hotmail.com> beyond the scope of the Complaint
and Aaron White re: “Misprinted (admissibility if any should be
12 certificates” and “Cancel item # 244 on limited solely to reasonable
Cert T-2016” (OST 01354-01356) likelihood of future violations)
13
133 August 5, 2010 email string between Foundation, relevancy, hearsay,
14 <delidoghouse@hotmail.com> and Aaron beyond the scope of the Complaint
White re: “Final Amendment (3) for Cert (admissibility if any should be
15 T-2016” and attachments (OST 00210- limited solely to reasonable
00213) likelihood of future violations)
16
134 Checks from Thidarat Tungwongsathong Authenticity, no foundation,
17 drawn on SunTrust Bank payable to hearsay, relevancy, vague and
Transfer Online ambiguous and beyond scope of
18 the complaint (admissibility if any
should be limited solely to
19 reasonable likelihood of future
violation)
20
135 July 26, 2010 email exchange among Foundation, relevancy, hearsay,
21 Aaron White and others at Transfer Online, beyond the scope of the Complaint
delidoghouse@hotmail.com and (admissibility if any should be
22 “Desperado” re: CMKM-2012” (OST limited solely to reasonable
00278-00281) likelihood of future violations)
23
136 July 22 through August 3, 2010 email Foundation, relevancy, hearsay,
24 exchange among Aaron White and others beyond the scope of the Complaint
at Transfer Online and DeliDogHouse re: (admissibility if any should be
25 “CMKX Order T-2018 7B Shares” (OST limited solely to reasonable
00204-00207) likelihood of future violations)
26

84
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1 137 July 26 through July 30, 2010 email Foundation, relevancy, hearsay,
exchange among Aaron White and others beyond the scope of the Complaint
2 at Transfer Online, “Desperado,” and Deli (admissibility if any should be
Dog (OST 00157-00163) limited solely to reasonable
3 likelihood of future violations)
138 July 29, 2010 email from Wanda Isenhour Foundation, relevancy, hearsay,
4 to Aaron White at Transfer Online, cc’d to beyond the scope of the Complaint
<delidoghouse@hotmail.com> re: (admissibility if any should be
5 “Conversation Between Haley & Sheila limited solely to reasonable
Regarding CMKM Shares” (OST 00124- likelihood of future violations)
6 00135)
7 140 Production by Marco Glisson on January Foundation, relevancy, hearsay,
11, 2011 of emails to beyond the scope of the Complaint
8 <delidoghouse@hotmail.com> regarding (admissibility if any should be
CMKM shares transactions in 2010 limited solely to reasonable
9 (numbered A341-A499) likelihood of future violations)
10 142 April 20, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
transaction invoice billed to Marco Glisson beyond the scope of the Complaint
11 relating to reissuance of 303,000,000 (admissibility if any should be
CMKM shares (OST 00903-04) limited solely to reasonable
12 likelihood of future violations)
13 143 April 21, 2010 Transfer Online Letter of Foundation, relevancy, hearsay,
Instruction re certificate no. T 1054 beyond the scope of the Complaint
14 representing 303,000,000 shares CMKM (admissibility if any should be
(OST 00905-08) limited solely to reasonable
15 likelihood of future violations)
144 April 23, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
16 transaction invoice billed to Marco Glisson beyond the scope of the Complaint
relating to reissuance of 100,000,000 (admissibility if any should be
17 CMKM shares (OST 00926) limited solely to reasonable
likelihood of future violations)
18
145 April 23, 2010 Transfer Online Letter of Foundation, relevancy, hearsay,
19 Instruction re certificate no. T 1078 beyond the scope of the Complaint
representing 100,000,000 shares CMKM (admissibility if any should be
20 (OST 00927-929) limited solely to reasonable
likelihood of future violations)
21 146 April 23, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
22 transaction invoice billed to Marco Glisson beyond the scope of the Complaint
relating to reissuance of 100,000,000 (admissibility if any should be
23 CMKM shares (OST 00921) limited solely to reasonable
likelihood of future violations)
24 147 April 23, 2010 Transfer Online Letter of Foundation, relevancy, hearsay,
Instruction re certificate no. T 1132 beyond the scope of the Complaint
25 representing 100,000,000 shares CMKM (admissibility if any should be
(OST 00922-23) limited solely to reasonable
26 likelihood of future violations)

85
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1 148 September 13, 2010 email from Foundation, relevancy, hearsay,


DeliDogHouse to Myrna at Transfer beyond the scope of the Complaint
2 Online re: “Cert # T-2704/ Item #29 (admissibility if any should be
Mistake /9/14/10 Tues 10:30 AM” (OST limited solely to reasonable
3 01739) likelihood of future violations)

4 149 September 16, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
transaction invoice billed to Thidarat beyond the scope of the Complaint
5 Tungwongsathong relating to reissuance of (admissibility if any should be
1,000,000,000 CMKM shares (OST limited solely to reasonable
6 01721-23) likelihood of future violations)

7 150 September 24, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
transaction invoice billed to Thidarat beyond the scope of the Complaint
8 Tungwongsathong relating to reissuance of (admissibility if any should be
1,000,000,000 CMKM shares and related limited solely to reasonable
9 documents (OST 01565-01578) likelihood of future violations)

10 151 September 14, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
transaction invoice billed to Thidarat beyond the scope of the Complaint
11 Tungwongsathong relating to reissuance of (admissibility if any should be
2,007,000,000 CMKM shares and related limited solely to reasonable
12 documents (OST 01705-01720) likelihood of future violations)

13 152 August 30, 2010 Transfer Online, Inc. Foundation, relevancy, hearsay,
transaction invoice billed to Thidarat beyond the scope of the Complaint
14 Tungwongsathong relating to reissuance of (admissibility if any should be
744,000,000 CMKM shares (OST 01613- limited solely to reasonable
15 01615) likelihood of future violations)

16 153 August 26, 2010 Instructions to Transfer Foundation, relevancy, hearsay,


Online, Inc. for transfer of 637,900,000 beyond the scope of the Complaint
17 CMKM Diamonds shares (OST 01623- (admissibility if any should be
01626) limited solely to reasonable
18 likelihood of future violations)
154 August 26, 2010 email from Foundation, relevancy, hearsay,
19 DeliDogHouse to Aaron at Transfer Online beyond the scope of the Complaint
re: “Amendment 1 for Cert # T-3556 / 22 (admissibility if any should be
20 names only” and attachments (OST limited solely to reasonable
00035-00039) likelihood of future violations)
21
22 155 August 27, 2010 email from Foundation, relevancy, hearsay,
DeliDogHouse to Aaron at Transfer Online beyond the scope of the Complaint
23 re: “Amendment 2 for Cert 3 T-3556” and (admissibility if any should be
attachments (OST 00040-00045) limited solely to reasonable
24 likelihood of future violations)
156 August 31 to September 2, 2010 email Foundation, relevancy, hearsay,
25 string between DeliDogHouse and Transfer beyond the scope of the Complaint
Online re: “Amendment (4) for Cert # (admissibility if any should be
26 3556 only 23 names”; and “Amendment 5 limited solely to reasonable
or 1 on Cert # 3762 Now I Think” and likelihood of future violations)

86
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attachments (OST 00185-00191)


1
157 July 29-30, 2010 email string between Foundation, relevancy, hearsay,
2 DeliDogHouse, Transfer Online, and beyond the scope of the Complaint
CFLNC, Inc. re “Conversation Between (admissibility if any should be
3 Haley & Sheila Regarding CMKM Shares” limited solely to reasonable
and attachments (OST 00436-00470) likelihood of future violations)
4
158 August 10, 2010 email string between Foundation, relevancy, hearsay,
5 DeliDogHouse and Transfer Online re: beyond the scope of the Complaint
“Info” (OST 00550-00551) (admissibility if any should be
6 limited solely to reasonable
likelihood of future violations)
7
159 September 14-16, 2010 email string Foundation, relevancy, hearsay,
8 between DeliDogHouse and Transfer beyond the scope of the Complaint
Online re: “CMKX Cert # T-2704 (admissibility if any should be
9 Amendment (1)” and attachments (OST limited solely to reasonable
00392-00396) likelihood of future violations)
10
160 July 30, 2010 email string between Foundation, relevancy, hearsay,
11 Transfer Online, CFLNC, Inc., cc’d to beyond the scope of the Complaint
DeliDogHouse re: “Conversation Between (admissibility if any should be
12 Haley & Sheila Regarding CMKM Shares” limited solely to reasonable
(OST 00471-00472) likelihood of future violations)
13
161 August 5, 2010 email string between Foundation, relevancy, hearsay,
14 DeliDogHouse and Transfer Online re: beyond the scope of the Complaint
“The Load List” and “Final Amendment (admissibility if any should be
15 (3) for Cert T-2016” (OST 00585-00586) limited solely to reasonable
likelihood of future violations)
16 162 September 28, 2010 email from Foundation, relevancy, hearsay,
DeliDogHouse to Transfer Online re: beyond the scope of the Complaint
17 “300M Shares Cert and About 50 Names (admissibility if any should be
for Fri. 10/01/10” (OST 00015) limited solely to reasonable
18 likelihood of future violations)
19 163 August 31, 2010 email from Foundation, relevancy, hearsay,
DeliDogHouse to Transfer Online re: beyond the scope of the Complaint
20 “Amendment (4) for Cert # 3556 Only 23 (admissibility if any should be
Names” and attachments (OST 00080- limited solely to reasonable
21 00085) likelihood of future violations)
22 164 August 10, 2010 email string between Foundation, relevancy, hearsay,
DeliDogHouse and Transfer Online re: beyond the scope of the Complaint
23 “Info” (OST 00550-00551) (admissibility if any should be
limited solely to reasonable
24 likelihood of future violations)
25 301 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,
statement for accounting ending with 424 vague and ambiguous including as
26 for period December 31, 2005 to January to time and content
27, 2006 (202/436 through 204/436)

87
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1 302 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,


statement for accounting ending with 424 vague and ambiguous including as
2 for period January 28, 2006 through to time and content
February 24, 2006 (205/436 through
3 207/436)

4 303 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,


statement for accounting ending with 424 vague and ambiguous including as
5 for period February 25, 2006 through to time and content
March 31, 2006 (208/436 through
6 210/436)

7 304 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,


statement for accounting ending with 424 vague and ambiguous including as
8 for period April 1, 2006 through April 28, to time and content
2006 (211/436 & 212/436)
9
305 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,
10 statement for accounting ending with 424 vague and ambiguous including as
for period April 29, 2006 through May 26, to time and content
11 2006 (213/436 & 214/436)

12 306 Marco Glisson TD Ameritrade account Foundation, relevancy, hearsay,


statement for accounting ending with 424 vague and ambiguous including as
13 for period May 27, 2006 to June 30, 2006 to time and content
(215/436 & 216/436)
14
331 Signature Card and related documents for Authenticity, no foundation,
15 Alma B. Padilla at Blackhawk Community hearsay, relevancy, vague and
Credit Union, Account No. ##3788, dated ambiguous and beyond scope of
16 October 17, 2002 (“3788 Account”) (3808- the Complaint
3811)
17
332 Monthly Account Statements, 3788 Authenticity, no foundation,
18 Account, Blackhawk Community Credit hearsay, relevancy, vague and
Union, for the period from 10/01/05 ambiguous and beyond scope of
19 through 3/31/06 (3846-3852) the Complaint

20 333 3788 Account Transaction Summary Authenticity, no foundation,


prepared by Blackhawk Community Credit hearsay, relevancy, vague and
21 Union for the period from 1/2/2004 ambiguous and beyond scope of
through 5/5/06 (3865-3875) the Complaint
22
334 Checks deposited into the 3788 Account Authenticity, no foundation,
23 related to CMKM stock (4014-4015, 4037) hearsay, relevancy, vague and
ambiguous and beyond scope of
24 the Complaint
25 335 Money order drawn on the 3788 Account Authenticity, no foundation,
payable to 1st Global relating to cert 74907 hearsay, relevancy, vague and
26 CMKX (4657) ambiguous and beyond scope of
the Complaint

88
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1 336 Wire transfer detail for 3788 Account Authenticity, no foundation,


(4714-4726) hearsay, relevancy, vague and
2 ambiguous and beyond scope of
the Complaint
3 337 Signature Card and related documents for Authenticity, no foundation,
Marco Glisson and Alma B. Padilla at hearsay, relevancy, vague and
4 Blackhawk Community Credit Union, ambiguous and beyond scope of
Account No. ##8307 (“8307 Account”) (2- the Complaint
5 3)
6 338 Monthly Account Statements, 8307 Authenticity, no foundation,
Account, Blackhawk Community Credit hearsay, relevancy, vague and
7 Union for the period from October 1, 2005 ambiguous and beyond scope of
through May 31, 2006 (84-93, 34-35) the Complaint
8
339 8307 Account Transaction Summary Authenticity, no foundation,
9 prepared by Blackhawk Community Credit hearsay, relevancy, vague and
Union for the period from 1/2/2004 ambiguous and beyond scope of
10 through May 11, 2006 (120-136) the Complaint
11 340 Joint Account Transaction Summary Authenticity, no foundation,
prepared by Blackhawk Community Credit hearsay, relevancy, vague and
12 Union for the period from May 1, 2006 ambiguous and beyond scope of
through May 11, 2006 (94-95) the Complaint
13
341 Wire transfer detail for 8307 Account (6-7, Authenticity, no foundation,
14 802-969) hearsay, relevancy, vague and
ambiguous and beyond scope of
15 the Complaint
16 342 Money orders purchased from 8307 Authenticity, no foundation,
Account payable to 1st Global Stock hearsay, relevancy, vague and
17 Transfer (633, 636-648, 650-51, 655-660, ambiguous and beyond scope of
667-669, 672-676, 684-685, 687, 689-690, the Complaint
18 697, 699-700, 702-709, 713-718, 720-722,
728-729, 735, 739, 745-749, 751, 754-759,
19 765-767, 774-776, 778-780, 786-787, 789,
795-796, 798-800)
20
347 Wire Transfer Recap by Individual for Authenticity, no foundation,
21 7650 Account, 3788 Account, and 8307 hearsay, relevancy, vague and
Account prepared by Blackhawk ambiguous and beyond scope of
22 Community Credit Union (4809-4817) the Complaint
23 348 Wire Transfer Recap Sorted Authenticity, no foundation,
Chronologically for 7650 Account, 3788 hearsay, relevancy, vague and
24 Account, and 8307 Account prepared by ambiguous and beyond scope of
Blackhawk Community Credit Union the Complaint
25 (4803-4808)
26 349 Wire Transfer Activity by Individual Authenticity, no foundation,
prepared by Blackhawk Community Credit hearsay, relevancy, vague and

89
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Union (14-25) ambiguous and beyond scope of


1 the Complaint
2 351 Articles of Organization, Limited Liability Foundation, relevancy, hearsay
Company, State of Wisconsin, The Deli
3 Dog House, LLC (919-924)

4 353 Deposits into 8307 Account at Blackhawk Authenticity, no foundation,


Community Credit Union (338-345, 348- hearsay, relevancy, vague and
5 351, 360-361, 370-371, 374-377, 382-383, ambiguous and beyond scope of
396-399, 402-404, 413-415, 426-429) the Complaint
6
354 December 13, 2005 Blackhawk Authenticity, no foundation,
7 Community Credit Union Wire Transfer hearsay, relevancy, vague and
Information, 3788 Account in the amount ambiguous and beyond scope of
8 of $23,000 to Behrens International Group the Complaint
LLC (171/436)
9
355 December 14, 2005 Blackhawk Authenticity, no foundation,
10 Community Credit Union Wire Transfer hearsay, relevancy, vague and
Information, 3788 Account in the amount ambiguous and beyond scope of
11 of $4,000 to Tracy A. Butcher (174/436) the Complaint

12 356 December 19, 2005 Blackhawk Authenticity, no foundation,


Community Credit Union Wire Transfer hearsay, relevancy, vague and
13 Information, 3788 Account in the amount ambiguous and beyond scope of
of $4,000 to Robert Loch (184/436) the Complaint
14
357 December 23, 2005 Blackhawk Authenticity, no foundation,
15 Community Credit Union Wire Transfer hearsay, relevancy, vague and
Information, 8307 Account in the amount ambiguous and beyond scope of
16 of $12,500 to Michael Wright (287/436) the Complaint

17 358 January 6, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
18 8307 Account in the amount of $19,100 to ambiguous and beyond scope of
Michael Wright (306/436) the Complaint
19
359 January 13, 2006 Blackhawk Community Authenticity, no foundation,
20 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $4,800 to ambiguous and beyond scope of
21 Michael Wright (313/436) the Complaint
22 360 January 13, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
23 8307 Account in the amount of $17,600 to ambiguous and beyond scope of
Gordon Brown (249/436) the Complaint
24
361 January 24, 2006 Blackhawk Community Authenticity, no foundation,
25 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $2,060 to ambiguous and beyond scope of
26 Eiji Toda (248/436) the Complaint

90
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1 362 February 8, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
2 8307 Account in the amount of $6,600 to ambiguous and beyond scope of
Eric Bever (312/436) the Complaint
3
363 February 10, 2006 Blackhawk Community Authenticity, no foundation,
4 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $19,500 to ambiguous and beyond scope of
5 Ravitha Lingampally/Shamsunder Gatupa the Complaint
(231/436)
6
364 February 16, 2006 Blackhawk Community Authenticity, no foundation,
7 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $24,000 to ambiguous and beyond scope of
8 Thomas M. Spencer & Laurae Valentine the Complaint
and wiring instructions for Spencer and
9 Valentine (269/436 & 270/436)

10 365 February 21, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
11 8307 Account in the amount of $5,200 to ambiguous and beyond scope of
Michael Wright (305/436) the Complaint
12
366 February 21, 2006 Blackhawk Community Authenticity, no foundation,
13 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $14,000 to ambiguous and beyond scope of
14 Michael Wright (311/436) the Complaint

15 367 February 24, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
16 8307 Account in the amount of $22,500 to ambiguous and beyond scope of
Michael Wright (310/436) the Complaint
17
368 February 27, 2006 Blackhawk Community Authenticity, no foundation,
18 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $23,000 to ambiguous and beyond scope of
19 Michael Wright (268/436) the Complaint

20 369 February 27, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
21 8307 Account in the amount of $24,600 to ambiguous and beyond scope of
Thomas A. Spencer and Laurae Valentine the Complaint
22 (219/436)
23 370 March 3, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
24 8307 Account in the amount of $19,460 to ambiguous and beyond scope of
Thomas A. Spencer and Laurae Valentine the Complaint
25 (266/436)
26 371 March 3, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and

91
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8307 Account in the amount of $292,000 ambiguous and beyond scope of


1 to Michael Wright (265/436) the Complaint
2 372 March 3, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
3 8307 Account in the amount of $1,500 to ambiguous and beyond scope of
Charles Rose (259/436) the Complaint
4
373 March 8, 2006 Blackhawk Community Authenticity, no foundation,
5 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $33,700 to ambiguous and beyond scope of
6 Reg D Barrow (314/436) the Complaint
7 374 March 23, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8 8307 Account in the amount of $39,000 to ambiguous and beyond scope of
Michael Wright (261/436) the Complaint
9
375 March 28, 2006 Blackhawk Community Authenticity, no foundation,
10 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $20,000 to ambiguous and beyond scope of
11 Michael Wright (262/436) the Complaint
12 376 March 29, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
13 8307 Account in the amount of $46,125 to ambiguous and beyond scope of
Steven M. Brewer & Kerry L. Brewer the Complaint
14 (264/436)
15 377 April 4, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
16 8307 Account in the amount of $40,000 to ambiguous and beyond scope of
Michael Wright (263/436) the Complaint
17
18 378 April 5, 2006 Blackhawk Community Authenticity, no foundation,
Credit Union Wire Transfer Information, hearsay, relevancy, vague and
19 8307 Account in the amount of $33,750 to ambiguous and beyond scope of
Steven M. Brewer-Kerry L. Brewer the Complaint
20 (239/436)

21 379 April 10, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
22 8307 Account in the amount of $30,000 to ambiguous and beyond scope of
Steven M. Brewer/Kerri Brewer and March the Complaint
23 29, 2006 email from Steven Brewer to
“delidog 1 house” re: CMKX CERT
24 (304/436) & 285/436)

25 380 April 13, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
26 8307 Account in the amount of $40,000 to ambiguous and beyond scope of
Steven M. Brewer/Kerri Brewer (235/436) the Complaint

92
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1 381 April 25, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
2 8307 Account in the amount of $36,000 to ambiguous and beyond scope of
Reg Barrow (222/436) the Complaint
3
382 April 26, 2006 Blackhawk Community Authenticity, no foundation,
4 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $89,100 to ambiguous and beyond scope of
5 Steven M. Brewer and March 28, 2006 the Complaint
email from Steven Brewer to “delidog 1
6 house” (286/436 & 287/436))

7 383 April 26, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8 8307 Account in the amount of $10,000 to ambiguous and beyond scope of
Thomas M. Spencer and Laurae Valentine the Complaint
9 and “Bank and Account Wiring
Instructions Information” for Thomas M.
10 Spencer and Laurae Valentine (226/436 &
227/436)
11
384 May 1, 2006 Blackhawk Community Authenticity, no foundation,
12 Credit Union Wire Transfer Information, hearsay, relevancy, vague and
8307 Account in the amount of $6,750 to ambiguous and beyond scope of
13 Michael Wright (221/436) the Complaint

14 385 May 11, 2006 Blackhawk Community Authenticity, no foundation,


Credit Union Wire Transfer Information, hearsay, relevancy, vague and
15 8307 Account in the amount of $2,250 to ambiguous and beyond scope of
Michael A. Wright (236/436) the Complaint
16
387 Authorization to Obtain Online EIN signed Foundation, relevancy, hearsay
17 by Marco Glisson and Luther A. Webster,
for Oshins & Associates LLC (4837)
18
388 Bank of America Cashier’s Check, Foundation, relevancy, hearsay
19 purchased by Luther Webster, payable to
The Marco Glisson 2006 Irrevocable Trust,
20 in the amount of $22,000, dated May 11,
2006
21
396 Blackhawk Community Credit Union Authenticity, foundation,
22 Money Orders payable to Ameritrade from relevancy, hearsay
various individuals (4602, 4606, 4607,
23 4608, 4609, 4610)
24 398 Complaint filed April 7, 2008 captioned No foundation, relevancy, hearsay,
Securities and Exchange Commission v. unduly prejudicial
25 CMKM Diamonds, Inc., et al, Case No.
08-CV-437-LRH-RJJ (27 pages)
26

93
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 95 of 127

1 399 Certified Copy of Registration Statement Relevancy, foundation, hearsay,


on Form S-8, received by the Commission and beyond scope of the
2 on May 2, 2003, under the name Casavant Complaint
Mining Kimberlite International, Inc., File
3 No. 333-104924, pursuant to the provisions
of the Securities Act of 1933 (numbered 1-
4 22)

5 397 Checks drawn on Tungwongsathong’s Authenticity, no foundation,


BofA 9145 Account payable to 1st Global hearsay, relevancy, vague and
6 Stock Transfer (no bates numbers, 6 pages) ambiguous and beyond scope of
the complaint (admissibility if any
7 should be limited solely to
reasonable likelihood of future
8 violation)
402 March 3, 2005 Securities and Exchange Relevancy; hearsay
9 Commission Litigation Release, No.
51305, re CMKM Diamonds, Inc. (Pink
10 Sheets symbol “CMKX”) (2 pages)
11 406-1 Sun Trust Certification for bank records Authenticity, no foundation,
produced in response to a subpoena from hearsay, relevancy, vague and
12 the Commission (LC1-000001-3) ambiguous and beyond scope of
the complaint (admissibility if any
13 should be limited solely to
reasonable likelihood of future
14 violation)
15 406-2 Signature Card and statements for Sun Authenticity, no foundation,
Trust Account #########8392, in the hearsay, relevancy, vague and
16 name of Thidarat Tungwongsathong POD ambiguous including as to POD,
to Marco Glisson (LC1-000004-7) may call for a legal conclusion and
17 beyond scope of the complaint
(admissibility if any should be
18 limited solely to reasonable
likelihood of future violation)
19 406-3 Signature Card and statements for Sun Authenticity, no foundation,
Trust Account #########2437 in the name hearsay, relevancy, vague and
20 of Thidarat Tungwongsathong (LC1- ambiguous and beyond scope of
000008-12) the complaint (admissibility if any
21 should be limited solely to
reasonable likelihood of future
22 violation)
23 406-4 Signature Card and statement for Sun Trust Authenticity, no foundation,
Account #########8651 in the name of hearsay, relevancy, vague and
24 Thidarat Tungwongsathong POD to Marco ambiguous including as to POD,
Glisson (LC1-000013-27) may call for a legal conclusion and
25 beyond scope of the complaint
(admissibility if any should be
26 limited solely to reasonable
likelihood of future violation)

94
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 96 of 127

1 406-5 Account statements for the period from Authenticity, no foundation,


April 14, 2009 through April 13, 2010 for hearsay, relevancy, vague and
2 the Sun Trust Account No. ambiguous including as to POD,
#########8651, in the name of Thidarat may call for a legal conclusion and
3 Tungwongsathong POD to Marco Glisson beyond scope of the complaint
(LC1-000028-39) (admissibility if any should be
4 limited solely to reasonable
likelihood of future violation)
5 406-6 Account statements for the period from Authenticity, no foundation,
April 14, 2009 through April 13, 2010 for hearsay, relevancy, vague and
6 the Sun Trust Account No. ambiguous including as to POD,
#########8651, in the name of Thidarat may call for a legal conclusion and
7 Tungwongsathong POD to Marco Glisson beyond scope of the complaint
(LC1-000040-53) (admissibility if any should be
8 limited solely to reasonable
likelihood of future violation)
9
500 Declaration of Robert Carmichael in No foundation, hearsay, no notice
10 Support of Motion for Summary Judgment and/or opportunity to cross
Against Marco Glisson dated January 26, examine for purposes of trial
11 2010 (Docket No. 35-1)

12 501 April 30, 2007 letter from Bob Carmichael, Authenticity, no foundation,
Director, Internal Audit, Blackhawk hearsay, no notice and/or
13 Community Credit Union to Finola opportunity to cross examine for
Manvelian, SEC, with attachments (3 purposes of trial
14 pages)

15 502 June 1, 2006 letter Bob Carmichael, Authenticity, no foundation,


Director, Internal Audit, Blackhawk hearsay, no notice and/or
16 Community Credit Union to Leslie Hakala, opportunity to cross examine for
SEC, with attachments (5 pages) purposes of trial
17
504 January 19, 2007 1st Global Stock Transfer Authenticity, no foundation,
18 journal entry for transfer of certificates nos. hearsay
87523 and 16462 representing
19 8,277,750,000 CMKM shares (no bates
number, one page)
20
504 January 19, 2007 1st Global Stock Transfer Authenticity, no foundation,
21 Item Log Cover Sheet, for CMKM hearsay
Diamonds (no bates number, one page)
22
505 August 31, 2007 Declaration of Custodian Authenticity, no foundation,
23 of Records, Bank of America, re: Thidarat hearsay, no notice and/or
Tungwongsathong (SEC-LA- opportunity to cross examine for
24 CMKM0064840-41) purposes of trial
25 506 January 19, 2007 email from Authenticity, no foundation,
delidoghouse@hotmail.com to hearsay, vague and ambiguous
26 pmpr1@hotmail.com re: CMKX Info/
Mailing Info (included in string sent to

95
Case 2:09-cv-00104-LDG-GWF Document 66 Filed 04/15/11 Page 97 of 127

Leslie Hakala on January 19, 2007) (no


1 bates numbers, two pages)
2 507 Certification from Sun Trust Bank Authenticity, no foundation,
concerning bank records, dated February hearsay, no notice and/or
3 17, 2011 (LC1 000001) opportunity to cross examine for
purposes of trial
4
508 Summary Chart(s) of Blackhawk and BofA Objection, no charts/information
5 bank transactions available; all rights reserved
509 Summary Chart(s) of 2005-2007 CMKM Objection, no charts/information
6 Stock Purchases and Sales by Glisson available; all rights reserved
7 524 Bank ofAmerica Signature Cards for BofA Objection, no copies of exhibits
3830 Account and BofA 9145 Account provided to Glisson; all rights
8 dated 8/5/2006 (SEC-LA-3028- reserved
CMKM006484848-51)
9 525 Sun Trust Production of Records for Objection, no copies of exhibits
Account Nos. #########8384 and provided to Glisson; all rights
10 #########8644, in the name of Marco reserved
Glisson POD to Thidarat
11 Tungwongsathong (LC2 000001-55)
12 526 Sun Trust Production of Records for Objection, no copies of exhibits
Account Nos. #########8651 and provided to Glisson; all rights
13 ######### other accounts held in the name reserved
of Thidarat Tungwongsathong
14
15
(2) Set forth plaintiff’s objections to defendant’s exhibits
16
17 Defendant’s Exhibits
18 (and Plaintiff’s Objections thereto)
19 Exhibit Description Objection
No.
20 511 Transfer Online communication to the SEC Authenticity; foundation; hearsay;
in 2010 inquiring as to whether there was document not produced by
21 any cause for concern from the SEC's defendant
viewpoint relating to such transfer agent's
22 transferring shares CMKM stock submitted
by Glisson
23
512 CMKM Articles of Incorporation (Nevada) Authenticity; foundation,
24 as amended relevance; hearsay; document not
produced by defendant
25 513 Report by CMKM’s stock transfer agent, Authenticity; foundation,
Transfer Online, as to the total number of relevance; hearsay
26 shares of CMKM stock issued and
outstanding as of April 1, 2010 and as of

96
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current date
1
514 “Thank You” letters from recipients of Authenticity, foundation, hearsay,
2 shares of CMKM stock donated or relevance; failure to identify or
otherwise gifted by Glisson Trust to such produce during discovery
3 persons
517 E-Mail communications from Bill Frizzell Authenticity; foundation;
4 dated April 5, 2007 re: bonfied certs relevance
5 520 Sept. 2006 CMKM Stock Sales (Chart) By Authenticity; foundation; hearsay;
Marco Glisson completeness
6 522 List of persons who received free shares of Authenticity; foundation; hearsay;
CMKM stock from Marco Glisson (starting relevance
7 with Patricia D. Kalous who received
47,000,000 shares for free).
8
528-532 Glisson summary exhibits/charts (to be All objections reserved
9 developed after Glisson receives Plaintiff’s
summary exhibits)
10 534 Trading Information for CMKM Stock Authenticity; foundation; hearsay;
OTC Pink Sheets During 2002-2007 Period relevance; document not produced
11 by defendant
12 535 Stock Transfer Information Re CMKM Authenticity; foundation; hearsay;
from 1st Global Stock Transfer for 2005- relevance; document not produced
13 2007 Period by defendant
14 536 Published article on “Day Trading” Document not produced by
defendant, all objections reserved
15
16 (d) Depositions:
17 (1) Plaintiff will offer the following depositions, if the witnesses
18 are not otherwise available for live testimony: (Indicate the name of deponent and
19 identify portions to be offered by pages and lines and the party or parties against
20 whom offered)
21 Thidarat Tungwongsathong (offered against defendant Glisson)
22 4:22-5:21
23 6:10-21
24 7:12-8:14
25 10:12-14
26 12:23-13:4

97
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1 16:17-22:6
2 25:10-14
3 26:6-21
4 27:11-28:1
5 34:8-19
6 38:19-23
7 39:19-40:2
8 40:8-19
9 42:15-17; 42:22-43:4
10 45:5-13
11 46:1-11
12 49:5-13
13 50:5-11
14 54:10-55:9
15 57:16-24
16 58:1-20
17 60:2-61:6
18 66:5-6; 66:9-11; 66:24-67:4
19 70:16-71:4
20 78:13-16
21 83:9-10; 83:13-19
22 88:9-13
23 93:10-19
24 95:4-21; 95:24-96:9
25 98:3-7
26 109:13-21

98
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1 110:22-111:6
2 112:9-19; 112:21-113:18
3 115:2-7; 115:10-15; 115:18-116:22
4 118:15-21
5 119:14-20
6 121:5-123:9
7 123:21-125:3; 125:7-8
8 130:12-132:23
9 137:17-139:24
10 141:21-22
11 142:5-17
12 144:11-20
13 148:10-14
14 149:4-13; 149:15-150:1
15 150:17-151:11
16 154:13-155:11; 155:12-156:12
17 159:2-8
18 160:22-161:13
19 162:13-22
20 163:4-7; 163:14-25
21 164:2-3; 164:14-165:4
22 166:10-167:4
23 168:12-19
24 179:22-180:8
25 181:8-21
26 202:11-203:10

99
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1 213:2-23
2 216:25-217:15
3 224:22-225:21
4 233:13-234:7
5 237:7-20
6
7 Jason Perry (offered against defendant Glisson)
8 3:20-4:21
9 10:1-15
10 11:12-25
11 12:11-13:18
12 17:4-18
13 18:6-21
14 21:25-23:7
15 24:4-10; 24:19-25:13
16 26:3-8
17 27:6-28:9
18 30:16-24
19 31:23-32:11
20 33:8-19; 33:25-35:6
21 35:13-36:19
22 36:23-37:4
23 38:8-23
24 39:1-24
25 40:1-2; 40:6-11; 40:15-22; 40:25
26 41:4-42:15

100
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1 42:24-43:12
2 43:16-22
3 44:2-7; 44:12-45:11
4 46:5-9
5 47:7-10
6 48:6-11
7 49:22-50:3
8 51:2-5; 51:15-20
9 53:4-5; 53:8-10; 53:12-14
10 54:9-13
11 55:1-3
12 57:7-58:3
13 58:6-9
14 59:25-60:14
15 60:20-23
16 61:1-22
17 63:19-23
18 64:1-14
19 65:3-66:5
20 66:10-15
21 78:15-24
22 84:2-20
23 113:3-24
24 115:12-116:14; 116:20-117:9
25 122:24-123:7; 123:20-124:11
26 126:13-20; 126:23-25

101
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1 127:8-20
2 128:3-6
3 129:2-8
4 130:9-14
5 154:14-19
6 166:14-16
7 174:3-5; 174:7-20
8 181:8-15
9 188:3-190:9
10 197:22-198:7
11 199:15-200:2
12 203:16-204:1
13 205:9-13
14 209:3-19
15
16 Aaron White (offered against defendant Glisson)
17 6:1-18
18 8:21-9:21
19 11:24-12:21
20 13:4-9
21 14:3-9
22 15:2-21
23 16:6-18:6
24 19:17-20:24
25 21:1-22:7
26 24:11-25:25

102
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1 27:15-28:23
2 29:7-30:15
3 32:11-33:22
4 34:19-25
5 35:9-25
6 36:9-37:14
7 40:24-41:20
8 41:24-42:21
9 46:15-24
10 47:2-3; 47:5-7; 47:11-20; 47:22-48:14
11 48:17-20; 48:22; 48:25-49:8
12 49:10-13; 49:16-17; 49:19; 49:22-24
13 50:1-4; 50:6-12; 50:15-52:11
14 52:13-24
15 53:2-5; 53:7-17; 53:19
16 54:1-55:15
17 59:10-24
18 60:2-7; 60:10-16; 60:19-22
19 61:13-16; 61:19
20 62:2-63:16
21 65:11-24
22 78:22-79:13
23 79:20-80:11
24 80:22-81:8
25 81:10-14
26 82:1-9; 82:11-14; 82:17-20; 82:23-83:6

103
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1 83:6; 83:8
2 85:1-8
3 86:18-87:7
4 88:7-89:18
5 89:21
6 104:15-18; 104:20-105:8
7 112:21-113:20
8
9 (2) Defendant will offer the following depositions: (Indicate the
10 name of deponent and identify portions to be offered by pages and lines and the
11 party or parties against whom offered)
12 Thidarat Tungwongsathong (1-10-11)
13 5: 12-13
14 16: 23-24 (Exhibit 47)
15 19: 23-25 (Exhibit 49)
16 20: 6-20
17 20: 24-25; 21:1-13
18 26: 6-23
19 27: 11-25; 28:1 Exhibit 55)
20 35: 5-5-25; 36: 1-20; 37:1-16
21 37: 17-25; 38: 1-25; 39: 11-25; 40: 1-25: 41: 1-9
22 42: 1-25; 43:1-4
23 47: 8-10 and 22-23; 48:1-25
24 49: 5-13; 50: 5-11; 51: 10-24; 52: 3-9
25 53: 14-23
26 54: 1-23; 55:1-6

104
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1 67: 2-4; 69: 3-4


2 70: 16-25; 71: 1-4
3 84: 10-25; 85: 1-9
4 91: 11-17; 92: 11-16
5 93: 6-24; 94: 14-23 and 24-25; 95:1-2
6 94: 4-25; 96: 1-9; 97: 1-25
7 98: 11-16
8 102: 15-19
9 104: 6-13; 105: 6-17; 106: 10-14 and 17-23
10 109: 13-21
11 110: 22-25
12 112: 9-14 and 21-13; 113: 6-8
13 115: 2-25; 116: 1-22
14 117: 15-24; 118: 1-5
15 119: 14-20
16 121: 5-23
17 121: 24-25; 122: 1-23 123: 4-9
18 123: 17-25; 124: 1-12 and 20-25
19 125: 10-13 and 21-22
20 126: 2-8 and 9-14 and 15-18
21 127: 11-13 and 20-23
22 132: 10-23
23 139: 15-25; 140:1-11
24 142: 5-17; 143: 9-14
25 144: 11-25; 145:1-11; 148: 1-4 (Exhibit 100)
26 148: 1-20

105
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1 155: 12-25; 156: 1-21; 157: 3-5 and 15-23; 158: 7-25
2 159: 1-25; 160: 1-25; 160: 19-25; 161: 1-13 and 22-25; 162: 1-12
3 165: 5-25; 166: 1
4 166: 2-25; 167:4
5 168: 12-25; 169: 1-4
6 171: 17-21
7 181: 13-21
8 191: 21-23; 192:5-7
9 197: 23-25; 198: 1-16
10 199: 5-18
11 202: 1-10 (Exhibit 133)
12 202: 14-25 (Exhibit 134); 203: 1-12
13 205: 19-25; 206: 1-3 and 23-25; 207: 1-2 and 1-17
14 208: 5-10
15 219: 18-16
16 By Witnesses Attorney:
17 249: 5-15
18 249: 16-25; 250: 1-7
19
20 Jason M. Perry (1-25-11)
21 3: 22-25; 4:1
22 4: 8-21
23 7: 6-25; 8: 1-25; 9: 1-25; 10: 1-25; 11: 1-25; 12: 1-11; 13: 9-22
24 12: 11-25; 13:1-6 and 9-15
25 24: 4-10
26 27: 6-21

106
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1 28: 2-9; 33: 8-9


2 29: 14-25; 30:1-5 and 10-15
3 40: 15-19; 41: 4-11 and 18-22
4 57: 2-6
5 By Glisson’s Attorney:
6 67: 2-25; 68: 1-25; 69: 1-21; 70: 4-14; 71-9-16; 72: 3-6 and 15-21
7 72: 22-25; 73: 1-25; 74: 1-25; 75: 1-25; 76: 1
8 76: 19-25; 77:1-6
9 77: 7-25; 78: 1-5 and 7-11
10 81: 8-16
11 81: 18-24; 82: 18-20
12 87: 8-25; 88: 1-7
13 89: 1-24
14 95: 11-12
15 107: 11-22; 110: 18-25; 111: 1
16 114: 9-25; 115: 1-10
17 116: 12-14 and 20-25; 117: 1-11 and 22-25
18 122: 5-9
19 129: 19-24; 130: 15-23 and 24-25; 131: 1
20 131: 9-22
21 132: 17-20
22 133: 14-25; 134: 1-25; 135: 1-18; 135: 24-25; 136: 1-25; 137: 1-25;
23 138: 1-17; 147: 23-25; 148: 1-3 and 4-25; 149: 10-14; 150: 25; 151: 1-25;
24 152: 1-8; 180: 3-25
25 142: 1-10
26 145: 13-19

107
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1 145: 20-25; 146: 1-12


2 153: 14-23
3 153: 24-25; 154: 1-13
4 157: 2-25; 158: 1-2
5 158: 24-25; 159: 1-7
6 164: 2-25; 165 1-25; 166: 1-25; 167: 1
7 168: 3-15
8 168: 16-25
9 173: 4-10; 12-23
10 179: 20-22
11 181: 4-24; 182: 3-20
12 183: 7-24 and 25
13 184: 1-24
14 185: 10-25; 186: 1-20
15 187:: 6-20
16 188: 10-23
17 190: 23-25:
18 191: 5-25; 192: 1-25; 1-11
19 194: 4-7
20 194: 9-25; 195: 1-10
21 194: 12-25; 195: 1-25; 196: 1-18
22 202: 9-19
23 203: 16-25; 204: 1-18
24 205: 9-13 and 14-24
25 206: 21-25; 207: 1-13
26 207: 14-16

108
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1 208: 4-13
2
3 Aaron White (1-6-2011)
4 6: 1-3
5 12: 7-16
6 14: 3-9; 15: 15-21
7 16: 6-15
8 22: 8-22
9 26: 9-25; 27: 1-8
10 36: 15-25; 37:1-7 (Exhibit 97)
11 40: 24-25; 41: 1-2
12 41: 3-20
13 43: 18-25; 44: 1-25; 45: 1-3
14 55: 13-15 (Exhibit 99)
15 57: 4-13
16 57: 16-20
17 78: 2-20
18 82: 2-14
19 96: 15-25; 97: 1-20
20 97: 21-25; 98: 1-2
21 98: 5-25; 99: 1-7
22 102: 4-9
23 105: 6-18; 106: 1-13
24 107: 1-12 and 13 -22
25 107: 24-25; 1-16
26 110: 5-13

109
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1 111: 22-25; 112: 1


2 112: 2-11
3 112: 21-25; 113: 1-20
4 114: 3-11; 115: 12-25; 116: 1-10
5
6 (e) Objections to Depositions:
7 (1) Defendant objects to plaintiff’s depositions as follows:
8 Glisson objects to the portions of the depositions designated above for the
9 reasons and the basis stated at the time of the deposition(s) - - Plaintiff did not
10 include herein above references to the applicable objection(s) as part of its
11 designation (page/line).
12 Glisson objects to the portions of the deposition of Thirdart
13 Tungwongsathong which exceeded the Court's order permitting such additional
14 (out of time) discovery which order expressly limited the SEC's questions to
15 matters pertaining to transactions and events in 2010 pertaining to trading in
16 CMKM stock (which objection was stated at the time of the deposition, was
17 repeatedly disregarded by the Plaintiff necessitating instructions to the witness
18 consistent with the Court's order. Glisson also reserves his right to interpose the
19 spousal privilege objection pertaining to the Plaintiff's questioning of this witness
20 (his wife).
21 Glisson also objects, as noted for the record during the course of the subject
22 deposition, to the use of the deposition testimony of Jason M. Perry for the reason
23 that such witness looked at notes and other items included in his personal file
24 immediately prior to the deposition for purposes of providing testimony at the
25 deposition but failed and refused when asked, notwithstanding the ready
26 availability of such notes/file, to make such notes/file available to Glisson's

110
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1 counsel for review and possible use in cross-examining such witness at the time of
2 the deposition.
3 Plaintiff took the deposition of Jason Perry following the end of regular
4 discovery in this case, and Defendant was not aware of Mr. Perry as a potential
5 witness in the case and did not have the opportunity to subpoena him or his
6 employer for the subject File during the course of discovery in this case.
7
8 (2) Plaintiff objects to defendant’s depositions as follows:
9 Response to defendant’s general objections: Defendant’s general
10 objection to the use of Tungwongsathong’s deposition is irrelevant and lacks
11 merit. Plaintiff did not designate portions of Tungwongsathong’s deposition
12 about which defendant objects, and therefore his general objections are
13 meaningless and should be overruled. However, the Commission contends that its
14 questions put to Tungwongsathong concerning bank accounts and stock
15 transactions were relevant to Glisson’s 2010 transactions in CMKM stock, and the
16 instructions by defense counsel not to answer were improper and impeded the
17 legitimate discovery efforts by plaintiff.
18 Defendant Glisson’s general objection to the use of Mr. Perry’s deposition
19 testimony on the basis that Perry supposedly failed to turn over his notes to
20 defense counsel during Perry’s January 25, 2011 deposition is factually and
21 legally baseless. Mr. Perry neither reviewed nor referred to any notes at any time
22 during his January 25, 2011 deposition, and stated as such under oath. Mr. Perry
23 did not have any notes with him during his January 25, 2011 deposition. At no
24 time during discovery did defense counsel make any attempt to subpoena any
25 documents from Mr. Perry, or from his employer Edward Jones. Defendant’s
26 general objections to the admissibility of the Perry deposition should be overruled.

111
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1 Plaintiff’s Specific objections to Defendant’s Designations of the


2 Thidarat Tungwongsathong Deposition:
3 Page 37, line 1: Object that designation is incomplete. This is an answer to
4 a question that is not designated and therefore lacks foundation. Page 36, lines
5 24-25 should be added to provide foundation for the designated answer.
6 Page 38, line 25: Object that designation is incomplete. This is a question
7 that is not answered and therefore provides no relevant or admissible evidence.
8 Page 39, lines 1-2 should be added to complete the designation.
9 Page 69, lines 3-4: Objection that designation is incomplete. This is part of
10 a question and as such does not contain relevant or admissible evidence.
11 Page 84, line 10 through 85, line 9: Objection that designation is
12 incomplete and not relevant. The designation consists largely of colloquy
13 between Glisson’s attorney and the witness which is not relevant or admissible. In
14 addition, the designation includes an objection by defense counsel which
15 presumably is being withdrawn by the designation of the answer to the question;
16 the objection is inadmissible and irrelevant.
17 Page 93, lines 6-8: Objection that the testimony is irrelevant. In response
18 to a pending question, defense counsel interposes a speaking objection, which is
19 not admissible, and the witness’s response is unclear. The evidence is more
20 confusing than probative and should be excluded.
21 Page 93, lines 23-23: Objection that the testimony is irrelevant, confusing,
22 and cumulative. The witness did not provide a yes or no answer, and it is unclear
23 what is meant by “uh-huh.”
24 Page 94, lines 24 to Page 95, line 2: Objection that counsel’s objection is
25 inadmissible because it is not evidence. The question and answer on page 95,
26 lines 1-2 are confusing and cumulative, and therefore not relevant.

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1 Page 98, lines 11-16: Objection that this evidence is cumulative of the
2 testimony previously designated by defendant at page 40, lines 16-19, and
3 therefore is irrelevant and inadmissible.
4 Page 112, lines 21-13: Objection that no such lines exist and the
5 designation is irrelevant.
6 Page 115, lines 2-25: Object only to the extent the designation includes
7 objections by defense counsel within the designation, and note that otherwise this
8 passage was designated by plaintiff. By designating the questions and answers,
9 counsel is waiving the objections. The objections are inadmissible and irrelevant
10 and should be excluded, specifically page 115, lines 8-9 and 16-17.
11 Page 117 lines 15-24, Page 118, lines 1-5: Object to the designation of
12 defense counsel’s objection and the statement by the witness asking for
13 clarification of the question following the objection, all of which is not relevant or
14 admissible evidence. Object to page 118, lines 1-5 on the grounds that the
15 question is vague and the answer is non-responsive. Defense counsel moved to
16 strike the answer as non-responsive at the deposition. See page 118 lines 7-9.
17 Page 167, line 4: Object that the designation is incomplete in that it
18 contains an answer and no question. Plaintiff has designated the entire question
19 and answer.
20 Page 199, lines 5-18: Object that designation is incomplete in that the
21 question is not included, and defense counsel interposed an objection to the
22 question. The resulting testimony is incomplete and therefore more confusing
23 than probative, and irrelevant, and should be excluded.
24 Page 208, lines 5-10: Object that the designation includes an objection that
25 is irrelevant and inadmissible. Object that the question calls for a legal conclusion
26 which the witness is not qualified to provide and therefore is inadmissible.

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1 Page 219, lines 18-16: Object that the designation is irrelevant colloquy by
2 the Court reporter that is inadmissible.
3 Page 249, line 5 through 250, line 7: Object to the question by defense
4 counsel, also representing the witness, asking for “further clarification of prior
5 testimony” as being leading, vague, and ambiguous, and the answer is
6 unintelligible and confusing, and therefore inadmissible. Object to the questions
7 concerning the date of a particular sale of stock as they are not evidence, but
8 speculation by the witness which is inadmissible.
9 Plaintiff’s Specific Objections to Defendant’s Designations of the Jason
10 Perry Deposition:
11 Page(s) 77:25-78:2: Objection. Calls for legal conclusion regarding effect
12 of stock deregistration, incomplete hypothetical, lacks foundation.
13 Page 81:18-2: Objection. Compound, vague and ambiguous as to
14 “suitability form.”
15 Page 87:15-16: Objection. Argumentative, Compound.
16 Page 89:14-15: Objection. Calls for legal conclusion regarding facts
17 constituting the offense of money laundering.
18 Page 110:18: Objection. Incomplete designation, designation should extent
19 to 111:1.
20 Page 114:8-10: Objection. Calls for legal conclusion regarding propriety of
21 sales of unregistered stock, incomplete hypothetical.
22 Page 114:16-17: Objection. Calls for legal conclusion regarding propriety
23 of sales of unregistered stock, incomplete hypothetical.
24 Page 114:22-23: Objection. Calls for legal conclusion regarding propriety
25 of sales of unregistered stock, incomplete hypothetical.
26

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1 Page 115:3-6: Objection. Calls for legal conclusion regarding propriety of


2 sales of unregistered stock, incomplete hypothetical.
3 Page 116:15: Objection. Calls for legal conclusion regarding propriety of
4 sales of unregistered stock.
5 Page 117:4-8: Objection. Mischaracterization of witness’s prior testimony
6 regarding conversations with Marco Glisson.
7 Page 117:22-23: Objection. Witness lacks foundation to opine as to
8 Glisson’s reasons for using the word “dump” in relation to his sales of
9 unregistered CMKM stock, calls for speculation regarding Glisson’s reasons for
10 using the word “dump” in relation to his sales of unregistered CMKM stock.
11 Page 129:17-20: Objection. Lacks foundation as witness is being asked to
12 testify as to Glisson’s intent, calls for speculation, compound.
13 Page 130:15-16, 20: Objection. Lacks foundation as witness is being asked
14 what Glisson meant when he used the word “seller,” calls for speculation
15 regarding Glisson’s use of the word “seller.”
16 Page(s) 133:14-25. 134-136:3: Objection. There are no questions to, nor
17 answers from, the witness within this designation. Rather, this is a discussion
18 amongst counsel that does not constitute relevant or admissible evidence.
19 Page(s) 146:8-10: Objection. Incomplete hypothetical.
20 Page(s) 165:12-14: Objection. Compound.
21 Page(s) 165:23: Objection. Lacks foundation, calls for speculation
22 regarding Marco Glisson’s intent.
23 Page(s) 168:22, 24: Objection. Lack foundation.
24 Page 173:4-7, 12-14, 21: Objection. Lack foundation, call for speculation.
25 Witness is being asked to opine as to knowledge of individuals that Marco Glisson
26 communicated with, as well as intensity Glisson’s interest in CMKM.

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1 Page 182:15-18: Objection. Lacks foundation, calls for legal opinion


2 regarding implications of stock ownership.
3 Page 187:6-10: Objection. Calls for legal opinion regarding legality of
4 securities transactions, mischaracterizes witness’s testimony, vague and
5 ambiguous as to “securities transaction.”
6 Page 187:14, 16-17, 19: Objection. Calls for legal opinion regarding
7 legality of securities transactions, mischaracterizes witness’s testimony, vague and
8 ambiguous as to “securities transaction.”
9 Page 191:15-16, 21-23: Objection. Call for legal conclusions/opinions
10 regarding what constitutes a “market maker”, lack foundation.
11 Page 192:4-6, 15-16, 21-22: Objection. Call for legal conclusions
12 regarding what activities are sufficient to support a finding that an individual is a
13 “market maker,” lacks foundation.
14 Page 194:22-24: Objection. Call for legal conclusions regarding what
15 activities are sufficient to support a finding that an individual is a broker or dealer,
16 lacks foundation.
17 Page 195:6-7: Objection. Call for legal conclusions regarding what
18 activities are sufficient to support a finding that an individual is a broker or dealer,
19 lacks foundation.
20 Page 195:19-21: Objection. Call for legal conclusions regarding what
21 activities are sufficient to support a finding that an individual is a broker or dealer,
22 lacks foundation.
23 Page 205:19-21: Objection. Unintelligible, lacks foundation.
24 ///
25 ///
26 ///

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1 Plaintiff’s Specific Objections to Defendant’s Designations of the Aaron


2 White Deposition:
3 Page 26, lines 9-25, page 27, lines 1-8: Object that designation is
4 incomplete, and further object to statements by defendant Marco Glisson (page
5 26, line 13) and defense counsel (page 26, line 16) suggesting answers to the
6 witness. The designation is incomplete because the question begins on line 8.
7 The comments by Glisson and defense counsel are not admissible evidence,
8 consist of speculation and lack foundation, and should be stricken. Because of the
9 incomplete designation and the confusion caused by Glisson and defense counsel,
10 the designation should be excluded.
11 Page 43, 18-25, page 44, lines 1-25, page 45, lines 1-3: Objection that
12 designation is incomplete because a complete answer is not being designated for
13 the last question. Plaintiff objects that page 45, lines 4-6 should be included for
14 completeness.
15 Page 57, lines 16-20: Object because the designation is incomplete.
16 Defense counsel interposed an objection as the witness was responding, and fails
17 to include the complete response. Plaintiff objects that page 57, lines 25, and page
18 58, lines 1-6 should be included for completeness.
19 Page 82, line 10: Object that defense counsel’s objection is not admissible
20 and irrelevant, and should be stricken. Since defense counsel is designation the
21 question and answer, the objection should be deemed to be withdrawn.
22 Page 96, lines 15-25: Object to the form of the question as overbroad and
23 lacking foundation at page 96, lines 15-19. In fact, the witness’s answer shows
24 misunderstanding when he begins: “Well, I mean, that depends on what you’re
25 looking for there.”
26 Page 97, line 21-25 and Page 98, lines 1-2: Object that the question calls

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1 for a legal conclusion, lacks foundation, and is inadmissible lay opinion


2 testimony. Witness is not an expert in what constitutes being a broker, and his
3 opinion is irrelevant. There is no foundation for the criteria the witness may be
4 using to assess who is a broker. The testimony is irrelevant and should be
5 excluded.
6 Page 107, lines 1-12 and 13-22: Object to question as irrelevant, lack of
7 foundation, and leading. There is no foundation for the question concerning
8 whether the SEC gave instructions to the transfer agent regarding transfers, or the
9 follow-up question about “concern” of the SEC that Transfer Online “might be
10 violating any laws.” There is no obligation by the SEC to express concern about
11 possible violations of the securities laws, and no legal obligation for the SEC to
12 advise a transfer agent concerning transfer of securities. The questions
13 presuppose a duty on the SEC that does not exist, and therefore lack foundation
14 and are irrelevant. Finally, there is no basis for defense counsel to ask leading
15 questions of this third party witness.
16 Page 107, lines 24-25, 1-16: Object that the designation is incomplete.
17 Assuming defendant is designating page 108, lines 1-16, object that the first two
18 questions in this designation are overbroad, lack foundation, and are leading. The
19 first question asking about whether Glisson “was going to violate any law” (page
20 107, line 24 to page 108, line 2) is overbroad and lacks foundation as to what that
21 means, since it could include money laundering, tax evasion, securities fraud, and
22 a host of possible violations of federal and state law. The witness lacked any
23 foundation to respond to the question. The second question is leading and
24 irrelevant.
25 Page 111, lines 22-25, page 112, line 1: Object that the question is leading,
26 lacks foundation, overbroad, and is irrelevant. The question does not identify any

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1 issuer. Even assuming the witness understood the question was directed only at
2 CMKM, the question lacks foundation because it presupposes that the SEC had
3 some obligation to advise Transfer Online concerning the transfer of “any
4 particular shares or certificates for shares.” There is no foundation that the SEC
5 has any such obligation or the question is relevant to these proceedings.
6 Page 115, lines 12-25, page 116, lines 1-10: Object that the designation is
7 incomplete as it omits both part of the first question and the witness’s answer to
8 the last question in the designation. Further object that the question calls for
9 speculation, inadmissible lay opinion testimony, and lacks foundation. The
10 questions requests that the witness “infer” from receipt of a subpoena to appear as
11 a third party witness, which calls for speculation. The witness responds to the
12 question from defense counsel that “You’re asking me to go way beyond my
13 scope.” The witness’s answer establishes that the question is overbroad and lacks
14 foundation. The second question is similarly overbroad and vague, and defendant
15 fails to designate the answer, at page 116, lines 14-16, in which the witness states
16 that he has no experience one way or the other. The question and answer elicit no
17 relevant or admissible evidence and should be excluded.
18
19 VIII.
20 The following witnesses may be called by the parties upon trial:
21 (a) State names and addresses of plaintiff’s witnesses.
22 1. Marco Glisson
27973 Pinecrest Lane
23 Bonita Springs, FL 34135
24 2. Thidarat Tungwongsathong
4973 Pepper Circle
25 Naples, FL 34113
26

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3. Jason Perry
1 c/o Christopher Haines, Associate Regulatory Counsel
Edward Jones
2 1245 JJ Kelley Memorial Drive
St. Louis, MO 63131
3
4. Aaron White
4 Account Executive, Transfer Online, Inc.
512 SE Salmoon Street
5 Portland, OR 97214
6 5. Roger Boudreau (summary witness)
Securities and Exchange Commission
7 5670 Wilshire Boulevard, Suite 1100
Los Angeles, CA 90036
8
6. Robert Carmichael
9 Janesville, WI
10 7. Alma Padilla
382 Rockport Rd.
11 Janesville, WI 53548
12 8. Custodian of Records
Ameritrade
13 4211 South 102nd Street
Omaha, NE 68127
14
9 Custodian of Records
15 E-Trade
P.O. Box 484
16 Jersey City, NJ 07303
17 10. Custodian of Records
Bank of America
18 P.O. Box 3609
Los Angeles, CA 90051
19
20 11. Custodian of Records
Sun Trust Bank
21 7455 Chancellor Drive
Orlando, FL 32809
22
12. Custodian of Records
23 Blackhawk Community Credit Union
P.O. Box 1366
24 Janesville, WI 53547
25 13. Terry D. Nelson, Esq.
Foley & Lardner
26 150 East Gilman Street
Madison, WI 53703-1481

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1 14. Custodian of Records


U.S. Securities and Exchange Commission
2 5670 Wilshire Blvd., Suite 1100
Los Angeles, CA 90036
3
15. Thomas J. Ciarimboli
4 7777 W. 91st St., #E-2141
Playa Del Ray, CA 90293
5
16. Witnesses designated by defendant
6
7 (b) State names and addresses of defendant’s witnesses.
8
1. Marco Glisson
9 c/o Robert H. Bretz, Esq.
578 Washington Blvd., # 843
10 Marina del Rey, CA 90292
11 2. Thidarat Tungwongsathong
c/o Robert H. Bretz, Esq.
12 578 Washington Blvd., # 843
Marina del Rey, CA 90292
13
3. Terry D. Nelson, Esq.
14 Foley & Lardner
150 East Gilman Street
15 Madison, WI 53703-1481
16 4. Al Hodges, Esq.
Hodges and Associates
17 4 East Holly Street, Suite 202
Pasadena, California 91103-3900
18
5. William Percy
19 78 Indian Trail
Andover, New Jersey
20
6. Joseph Ray Overman
21 643 Barham Rd.
Reidsville, N.C. 27320
22
7. Shelia Morris
23 108 Wescoe Court
Mooresville, N.C. 28117
24
8. Jack Miyler
25 401 E. Main
Galesburg, Illinois 61401
26

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9. Connie Miyler
1 401 E. Main
Galesburg, Illinois 61401
2
3 10. SEC Personnel (including Paris Wynn, Esq.)
5670 Wilshire Blvd., 11th Floor
4 Los Angeles, CA 90036
5 11. Summary Witnesses
(to be determined/named after Glisson has the
6 opportunity to obtain and review Plaintiff's
summary witness' exhibits)
7
12. Custodian of Records
8 U.S. Securities and Exchange Commission
Washington, D.C. and Los Angeles, California
9
13. Custodian of Records
10 1st Global Stock Transfer
Las Vegas, Nevada
11
14. Custodian of Records
12 CMKM Diamonds, Inc.
Las Vegas, Nevada
13
15. Custodian of Records
14 Bank of America
Las Vegas, Nevada
15
16. Custodian of Records
16 Transfer Online, Incorporated
Portland, Oregon
17
17. Custodian of Records
18 National Association of Securities Dealers
Washington, D.C.
19
18. Witnesses designated by Plaintiff
20
21 IX.
22 Counsel have met and herewith submit a list of three (3) agreed-upon trial
23 dates:
24 October 3, 2011
25 October 17, 2011
26 November 14, 2011

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1 Defendant’s attorney is unavailable for trial (i) the first three weeks of July
2 2011, (ii) the first 2 weeks in September 2011, and (iii) the first 3 weeks in
3 December 2011. Defendant’s attorney’s schedule is open starting in 2012.
4 It is expressly understood by the undersigned that the court will set the trial
5 of this matter on one (1) of the agreed-upon dates if possible; if not, the trial will
6 be set at the convenience of the court’s calendar.
7
8 X.
9 It is estimated that the trial herein will take a total of five to six (5-6) days.
10
11 APPROVED AS TO FORM AND CONTENT
12
13 /s/ John B. Bulgozdy
John B. Bulgozdy
14 Paris A. Wynn
Attorneys for Plaintiff Securities and Exchange Commission
15
16
/s/ Robert H. Bretz
17 Robert H. Bretz
Attorney for Defendant Marco Glisson
18
19 XI.
20 ACTION BY THE COURT
21 (a) This case is set down for court/jury trial on the fixed/stacked calendar
22 on _________________________. Calendar call shall be held on
23 ________________.
24 (b) An original and two (2) copies of each trial brief shall be submitted to
25 the clerk on or before _____________________________.
26 (c) Jury trials:

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1 (1) An original and two (2) copies of all instructions requested by


2 either party shall be submitted to the clerk for filing on or before
3 ____________.
4 (2) An original and two copies of all suggested questions of the
5 parties to be asked of the jury panel by the court on voir dire shall be
6 submitted to the clerk for filing on or before ___________.
7 (d) Court trials:
8 Proposed findings of fact and conclusions of law shall be filed on or
9 before ____________.
10 The foregoing pretrial order has been approved by the parties to this action
11 as evidenced by the signatures of their counsel hereon, and the order is hereby
12 entered and will govern the trial of this case. This order shall not be amended
13 except by order of the court pursuant to agreement of the parties or to prevent
14 manifest injustice.
15
16 DATED: _____________.
17
18 ___________________________________
UNITED STATES DISTRICT JUDGE or
19 UNITED STATES MAGISTRATE JUDGE
20
21
22
23
24
25
26

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PROOF OF SERVICE
1
I am over the age of 18 years and not a party to this action. My business address is:
2
[X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire
3 Boulevard, 11th Floor, Los Angeles, California 90036-3648
Telephone No. (323) 965-3998; Facsimile No. (323) 965-3908.
4
On April 15, 2011, I caused to be served the document entitled JOINT
5 PRETRIAL ORDER on all the parties to this action addressed as stated on the
attached service list:
6
[ ] OFFICE MAIL: By placing in sealed envelope(s), which I placed for
7 collection and mailing today following ordinary business practices. I am
readily familiar with this agency’s practice for collection and processing of
8 correspondence for mailing; such correspondence would be deposited with
the U.S. Postal Service on the same day in the ordinary course of business.
9
[ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed
10 envelope(s), which I personally deposited with the U.S. Postal Service.
Each such envelope was deposited with the U.S. Postal Service at Los
11 Angeles, California, with first class postage thereon fully prepaid.
12 [ ] EXPRESS U.S. MAIL: Each such envelope was deposited in a
facility regularly maintained at the U.S. Postal Service for receipt of
13 Express Mail at Los Angeles, California, with Express Mail postage
paid.
14
[ ] HAND DELIVERY: I caused to be hand delivered each such envelope to
15 the office of the addressee as stated on the attached service list.
16 [ ] UNITED PARCEL SERVICE: By placing in sealed envelope(s)
designated by United Parcel Service (“UPS”) with delivery fees paid or
17 provided for, which I deposited in a facility regularly maintained by UPS or
delivered to a UPS courier, at Los Angeles, California.
18
[ ] ELECTRONIC MAIL: By transmitting the document by electronic mail
19 to the electronic mail address as stated on the attached service list.
20 [X] E-FILING: By causing the document to be electronically filed via the
Court’s CM/ECF system, which effects electronic service on counsel who
21 are registered with the CM/ECF system.
22 [ ] FAX: By transmitting the document by facsimile transmission. The
transmission was reported as complete and without error.
23
I declare under penalty of perjury that the foregoing is true and correct.
24
25 Date: April 15, 2011 /s/ John B. Bulgozdy
26 John B. Bulgozdy

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1 SEC v. MARCO GLISSON


United States District Court - District of Nevada
2 Case No. 2:09-cv-00104-LDG-GWF
(LA-3028)
3
4 SERVICE LIST
5
Robert H. Bretz, Esq. (served via CM/ECF only)
6 578 Washington Boulevard, Suite 843
Marina del Rey, CA 90292
7 Email: Rhbretzpc@aol.com
Attorney for Marco Glisson
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

126

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