Judge – Earlybirds Invest https://earlybirdsinvest.com Latest Crypto News Sun, 27 Jul 2025 20:55:33 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.7 https://i0.wp.com/earlybirdsinvest.com/wp-content/uploads/2024/12/cropped-New-Project-2024-12-17T235703.455.png?fit=32%2C32&ssl=1 Judge – Earlybirds Invest https://earlybirdsinvest.com 32 32 240146708 Bitcoin Extortion Duo Walks Free, Judge Sets $1 Million Bail Each https://earlybirdsinvest.com/bitcoin-extortion-duo-walks-free-judge-sets-1-million-bail-each/ https://earlybirdsinvest.com/bitcoin-extortion-duo-walks-free-judge-sets-1-million-bail-each/#respond Sun, 27 Jul 2025 20:55:32 +0000 https://earlybirdsinvest.com/bitcoin-extortion-duo-walks-free-judge-sets-1-million-bail-each/

John Woeltz and William Duplessie have been released on $1 million bail each after being accused of kidnapping and harming an Italian man in a Manhattan townhouse, according to a report by ABC News.

The next court hearing is scheduled for October 15. In the meantime, both men are required to wear ankle monitors, hand over their passports, and report for security checks every 72 hours.

Crime reporter Lauren Conlin, who was present at the hearing, shared on X that the defense described the situation as a form of hazing, not a crime, by referring to it as “17 days of shenanigans”.

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The case began on May 6 when a cryptocurrency trader from Italy arrived in New York. Prosecutors said he was taken after landing and held against his will for several weeks.

During that time, the suspects allegedly tried to force him to give up access to his Bitcoin
BTC


$116,559.70

by using violence and threats.

According to the Manhattan District Attorney’s Office, the man was reportedly beaten, shocked with wires, and hit with a gun. The attackers also told him they would hurt his family if he did not cooperate.

The victim eventually escaped and asked a traffic officer for help. He was taken to the hospital with injuries that matched his story.

Police later arrested Woeltz at the scene. Duplessie turned himself in several days after the escape. Investigators noted that the kidnapping was carefully planned.

Meanwhile, the London gang was convicted after abducting a Belgian barber they wrongly believed was rich in crypto. How did that happen? Read the full story.

Having completed a Master’s degree in Economics, Politics, and Cultures of the East Asia region, Aaron has written scientific papers analyzing the differences between Western and Collective forms of capitalism in the post-World War II era.
With close to a decade of experience in the FinTech industry, Aaron understands all of the biggest issues and struggles that crypto enthusiasts face. He’s a passionate analyst who is concerned with data-driven and fact-based content, as well as that which speaks to both Web3 natives and industry newcomers.
Aaron is the go-to person for everything and anything related to digital currencies. With a huge passion for blockchain & Web3 education, Aaron strives to transform the space as we know it, and make it more approachable to complete beginners.
Aaron has been quoted by multiple established outlets, and is a published author himself. Even during his free time, he enjoys researching the market trends, and looking for the next supernova.


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MIT Brothers Who Exploited MEV Bots for $25M Must Face Trial, Judge Rules https://earlybirdsinvest.com/mit-brothers-who-exploited-mev-bots-for-25m-must-face-trial-judge-rules/ https://earlybirdsinvest.com/mit-brothers-who-exploited-mev-bots-for-25m-must-face-trial-judge-rules/#respond Thu, 24 Jul 2025 10:16:59 +0000 https://earlybirdsinvest.com/mit-brothers-who-exploited-mev-bots-for-25m-must-face-trial-judge-rules/

Crypto Journalist

Anas Hassan

Crypto Journalist

Anas Hassan

About Author

Anas is a crypto native journalist and SEO writer with over five years of writing experience covering blockchain, crypto, DeFi, and emerging tech.

Last updated: 


Why Trust Cryptonews

Cryptonews has covered the cryptocurrency industry topics since 2017, aiming to provide informative insights to our readers. Our journalists and analysts have extensive experience in market analysis and blockchain technologies. We strive to maintain high editorial standards, focusing on factual accuracy and balanced reporting across all areas – from cryptocurrencies and blockchain projects to industry events, products, and technological developments. Our ongoing presence in the industry reflects our commitment to delivering relevant information in the evolving world of digital assets. Read more about Cryptonews

Two MIT-educated brothers accused of orchestrating the largest MEV bot exploitation in cryptocurrency history will face trial after a federal judge rejected their attempts to dismiss fraud and money laundering charges.

Anton Peraire-Bueno, 24, and James Peraire-Bueno, 28, allegedly stole $25 million in cryptocurrency within 12 seconds by manipulating Ethereum’s MEV-Boost protocol in April 2023.

Technical Error or Deliberate Exploit?

The brothers meticulously planned their operation over several months, studying trading patterns of Ethereum bots and establishing shell companies.

They created 16 Ethereum validators using approximately $880,000 in cryptocurrency, then executed what prosecutors called a “bait, block, search, and propagation” scheme targeting three victim traders operating MEV bots.

Their exploit involved proposing “lure transactions” to induce victim traders’ bots to purchase illiquid cryptocurrencies worth $25 million.

The brothers then sent a false signature to the relay system, gaining premature access to private transaction data.

They replaced the lure transactions with their own trades, selling the illiquid tokens and rendering the victims’ holdings worthless.

Following the theft, the brothers laundered the stolen funds through complex transactions across multiple addresses and foreign exchanges with limited KYC requirements.

They converted the cryptocurrency to DAI stablecoin, then to USDC, before transferring $20 million to U.S. dollar accounts. Foreign law enforcement froze $3 million of the stolen funds.

The case comes amid rising concerns about MEV exploitation across blockchain networks.

Recent incidents include a $2 million insider attack on Bedrock’s UniBTC protocol by a former Fuzzland employee and a notorious Solana MEV bot named “arsc” that accumulated $30 million in two months through sandwich attacks.

Brothers’ Legal Battle Reaches Critical Juncture

Federal prosecutors arrested the Peraire-Bueno brothers on May 15, 2024, with Anton taken into custody in Boston and James in New York.

U.S. Attorney Damian Williams described the scheme as meticulously planned, noting how the brothers “used their specialized skills and education to tamper with and manipulate the protocols relied upon by millions of Ethereum users.

The brothers face charges of conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money laundering.

Each charge carries a potential 20-year prison sentence. A federal judge scheduled their trial for October 14, 2025, after denying their motions to dismiss the indictment.

The court found the wire fraud charges legally sufficient, determining that the brothers’ lure transactions and false signatures constituted material misrepresentations.

The judge ruled that the $25 million in stolen cryptocurrency represented a traditionally recognized property interest, not merely contingent profits.

IRS Criminal Investigation’s New York Cyber Unit traced the stolen funds back to the brothers despite their sophisticated laundering efforts.

Special Agent Thomas Fattorusso noted that investigators “simply followed the money” using cutting-edge technology and traditional investigative methods.

Growing MEV Threat Challenges Blockchain Scalability

MEV exploitation has emerged as a dominant threat to blockchain scalability, according to recent research from Flashbots.

According to a report covered by Cryptonews in June, MEV bots now consume 40% of all blockspace on Solana and over half of the gas usage on Ethereum rollups, such as Base and OP Mainnet.

The Peraire-Bueno case represents the first criminal prosecution of MEV manipulation; however, similar exploits continue to occur across various networks.

A Ronin Network breach in August 2024 initially appeared malicious but was later revealed to be a white-hat operation, with the hacker returning $9.8 million after discovering a vulnerability in the bridge.

Recent data from EigenPhi shows more than 81,000 users fell victim to sandwich attacks in the last 30 days alone.

MIT Brothers Who Exploited MEV Bots for $25M Must Face Trial, Judge Rules

These attacks now account for nearly $1 billion in weekly trading volume on Ethereum-based decentralized exchanges.

Flashbots has proposed new frameworks to address MEV abuse, including explicit MEV auctions and programmable privacy using Trusted Execution Environments.

The organization argues that current spam from MEV bots creates artificial fee floors, undermining the promise of near-zero transaction costs on scaled networks.

The brothers’ trial, scheduled for October, is likely to set precedents for future MEV-related prosecutions, as it isn’t technically precise whether it can be attributed to an exploit of a technical oversight.


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Logan Paul’s Ex-Assistant Could Exit CryptoZoo NFT Lawsuit, Judge Says https://earlybirdsinvest.com/logan-pauls-ex-assistant-could-exit-cryptozoo-nft-lawsuit-judge-says/ https://earlybirdsinvest.com/logan-pauls-ex-assistant-could-exit-cryptozoo-nft-lawsuit-judge-says/#respond Sun, 13 Jul 2025 21:33:58 +0000 https://earlybirdsinvest.com/logan-pauls-ex-assistant-could-exit-cryptozoo-nft-lawsuit-judge-says/

A judge has suggested removing Logan Paul’s former assistant from a lawsuit linked to the failed CryptoZoo non-fungible token (NFT) project, according to a court document submitted on July 7.

On July 7, US Magistrate Judge Ronald C. Griffin stated that Danielle Strobel, who once worked closely with Paul and held a small share in CryptoZoo, should not remain in the case.

He explained that the court in Texas does not have the legal authority to require her to defend herself.

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CryptoZoo was presented to the public as a game built on blockchain technology. Buyers were told they could earn rewards through tokens and digital animals. However, the project never became fully active, and the value of the NFTs and tokens dropped quickly.

Strobel’s role in the project involved early access to tokens and some behind-the-scenes tasks, but she did not promote the platform publicly. Judge Griffin noted that her involvement was not aimed at people in Texas, which meant the court could not claim legal control over her part in the case.

The people suing had asked to either update their complaint or investigate more details about Strobel’s involvement. However, the judge denied the request.

He stated that the plaintiffs had not shown that Strobel was aware of or involved in any harmful actions by others working on the project.

Recently, a judge in Barcelona investigated a case involving a failed crypto project that used famous football players to attract investors. What did they discover? Read the full story.

Having completed a Master’s degree in Economics, Politics, and Cultures of the East Asia region, Aaron has written scientific papers analyzing the differences between Western and Collective forms of capitalism in the post-World War II era.
With close to a decade of experience in the FinTech industry, Aaron understands all of the biggest issues and struggles that crypto enthusiasts face. He’s a passionate analyst who is concerned with data-driven and fact-based content, as well as that which speaks to both Web3 natives and industry newcomers.
Aaron is the go-to person for everything and anything related to digital currencies. With a huge passion for blockchain & Web3 education, Aaron strives to transform the space as we know it, and make it more approachable to complete beginners.
Aaron has been quoted by multiple established outlets, and is a published author himself. Even during his free time, he enjoys researching the market trends, and looking for the next supernova.


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Judge Overturns Key Convictions in $110M Mango Markets Crypto Case https://earlybirdsinvest.com/judge-overturns-key-convictions-in-110m-mango-markets-crypto-case/ https://earlybirdsinvest.com/judge-overturns-key-convictions-in-110m-mango-markets-crypto-case/#respond Sun, 25 May 2025 15:04:57 +0000 https://earlybirdsinvest.com/judge-overturns-key-convictions-in-110m-mango-markets-crypto-case/

Crypto Journalist

Amin Ayan

Crypto Journalist

Amin Ayan

About Author

Amin Ayan is a crypto journalist with over four years of experience in the industry. He has contributed to leading publications such as Cryptonews, Investing.com, 99Bitcoins, and 24/7 Wall St. He has…

Last updated: 


Why Trust Cryptonews

Cryptonews has covered the cryptocurrency industry topics since 2017, aiming to provide informative insights to our readers. Our journalists and analysts have extensive experience in market analysis and blockchain technologies. We strive to maintain high editorial standards, focusing on factual accuracy and balanced reporting across all areas – from cryptocurrencies and blockchain projects to industry events, products, and technological developments. Our ongoing presence in the industry reflects our commitment to delivering relevant information in the evolving world of digital assets. Read more about Cryptonews

Key Takeaways:

  • A federal judge overturned Avraham Eisenberg’s fraud and manipulation convictions in the $110M Mango Markets case.
  • The court accepted Eisenberg’s defense that he used flawed but legal smart contract mechanics rather than committing fraud.
  • Despite the ruling, Eisenberg remains in prison on child pornography charges.

A US federal judge has thrown out major convictions against Avraham Eisenberg, the man accused of exploiting decentralized exchange Mango Markets for $110 million.

On Friday, Judge Arun Subramanian vacated Eisenberg’s convictions for commodities fraud and market manipulation, stating that prosecutors failed to prove he made materially false representations.

The court also acquitted Eisenberg of a third charge, leaving the government’s case significantly weakened.

Eisenberg Used Token Pump to Drain $110M from Mango

Eisenberg had been found guilty in April 2024 after a jury concluded he manipulated Mango’s MNGO token price by over 1,300% within minutes.

He then used the inflated value as collateral to drain the protocol of $110 million in crypto.

While the Department of Justice framed the act as a calculated deception of a smart contract system, Eisenberg’s defense insisted he simply took advantage of flawed but open code — without lying or misleading the protocol.

Judge Subramanian sided with this view, noting that the platform was “permissionless and automatic,” making it difficult to establish a legal basis for fraud. “There was insufficient evidence of falsity,” he wrote.

The ruling also rejected New York as the proper venue for the trial.

Eisenberg was based in Puerto Rico during the trades, and the judge dismissed the DOJ’s attempts to tie the case to the state through a Mango user in Poughkeepsie and a third-party service provider in Manhattan.

The vacated charges now leave the Justice Department to decide whether to pursue the case again.

However, recent signals from the Trump administration suggest a cooling stance on crypto-related enforcement.

Eisenberg Remains in Prison for Child Pornography Possession

Despite the court win, Eisenberg remains in federal custody. Earlier this month, he was sentenced to nearly four years in prison on an unrelated charge of child pornography possession, based on evidence found during his 2022 arrest in Puerto Rico.

Eisenberg still faces separate civil cases brought by the SEC and CFTC.

On October 11, 2022, Mango Markets was the victim of an attack in which approximately $110 million was drained from its treasury.

Shortly after the attack, Avraham Eisenberg came forward as the perpetrator, asserting that the exploit was merely a “highly profitable trading strategy” and claiming it was conducted within the bounds of legality and the protocol’s intended design.

According to prosecutors, Eisenberg utilized two accounts to engage in manipulative trading involving futures contracts tied to the values of Mango’s token MNGO and the stablecoin USD Coin.

Last month, US federal prosecutors asked for a prison sentence of up to 6.5 years for Eisenberg.

In their filing, prosecutors emphasized the severity of Eisenberg’s actions, stating that his scheme not only defrauded investors of over $100 million but also forced Mango Markets to shut down.


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Judge Overturns Convictions in Mango Markets Exploiter’s Crypto Fraud Case https://earlybirdsinvest.com/judge-overturns-convictions-in-mango-markets-exploiters-crypto-fraud-case/ https://earlybirdsinvest.com/judge-overturns-convictions-in-mango-markets-exploiters-crypto-fraud-case/#respond Sun, 25 May 2025 00:46:37 +0000 https://earlybirdsinvest.com/judge-overturns-convictions-in-mango-markets-exploiters-crypto-fraud-case/

A U.S. judge has overturned the fraud and market manipulation convictions of Avraham Eisenberg, the crypto trader accused of draining $110 million from the now-defunct decentralized finance protocol Mango Markets.

On Friday, U.S. District Judge Arun Subramanian ruled that prosecutors failed to prove Eisenberg made false representations to the platform.

He also moved to acquit Eisenberg of wire fraud charges. The investor manipulated the price of Mango’s native token MNGO with massive trades by more than 1,000% in 20 minutes before getting the protocol to allow him to borrow and withdraw $110 million in various cryptocurrencies, backed by the inflated collateral.

Eisenberg’s defense argued that the platform, which operated through smart contracts, allowed anyone to transact freely and that he simply exploited a vulnerability. The judge agreed, stating that Mango’s permissionless structure meant that there “was insufficient evidence of falsity” from prosecutors regarding Eisenberg’s representation to Mango Markets.

Eisenberg was arrested in December 2022, and while this case collapsed, he is still currently serving a four-year sentence handed out after he pleaded guilty to the possession of child sexual abuse material.

“From the beginning, we said this case was fatally flawed,” his attorney Brian Klein of Waymaker LLP said. “We are very pleased for Avi that the judge granted our motion and dismissed the case.”

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Judge targets central figures in LIBRA scandal with asset freeze; Milei’s financial ties under review https://earlybirdsinvest.com/judge-targets-central-figures-in-libra-scandal-with-asset-freeze-mileis-financial-ties-under-review/ https://earlybirdsinvest.com/judge-targets-central-figures-in-libra-scandal-with-asset-freeze-mileis-financial-ties-under-review/#respond Fri, 16 May 2025 21:04:08 +0000 https://earlybirdsinvest.com/judge-targets-central-figures-in-libra-scandal-with-asset-freeze-mileis-financial-ties-under-review/

An Argentine federal judge has ordered the freezing of assets belonging to key figures behind the LIBRA memecoin project as investigators examine potential fraud linked to the digital token’s promotion, including scrutiny of financial operations tied to President Javier Milei and his sister, Karina Milei, local media reported on May 15.

Judge María Servini issued the ruling on May 14 as part of a broader probe into a suspected pump-and-dump scheme involving LIBRA. The memecoin gained global attention after Milei publicly promoted it on social media in February.

The judge also authorized the lifting of banking secrecy protections for both Milei and his sister, allowing investigators to access their financial transaction history for signs of irregular ties to the project’s backers.

Surveillance footage fuels suspicion

On Feb. 14, Milei tweeted in support of LIBRA from his official account, describing it as a pathway to financial freedom. The endorsement triggered a wave of retail investment, which took the token’s market cap to over $4.5 billion.

However, the token’s price collapsed more than 85% and its liquidity vanished within days of the endorsing tweet, prompting allegations of market manipulation, insider profiteering, and systemic fraud. Public trust in Milei’s administration cratered after the scandal.

According to the case file, Novelli acted as a central figure in the scheme, facilitating connections between the presidential circle and Hayden Davis, a foreign financier who helped seed the project. Authorities have also issued an Interpol notice seeking Davis’ arrest.

Novelli rented a set of bank safety deposit boxes just 10 days before Milei’s tweet. Surveillance footage published by media outlets later showed Novelli’s mother and sister removing large bags from those boxes the morning after the endorsement went live.

According to a report by the Federal Police’s Anti-Money Laundering Division, the weight and handling of the bags suggest they may have been filled with large quantities of cash.

A local media report noted that the bags appeared empty upon arrival but were “visibly heavier” as the women exited, prompting suspicions of cash withdrawals tied to the LIBRA scheme.

Asset freeze and political fallout

Judge Servini’s asset freeze applies to Novelli, Manuel Terrones Godoy, and Sergio Morales, three individuals identified as central actors in the scheme.

The 90-day measure bars the sale or transfer of properties and vehicles to maintain the accused individuals’ financial footprint while prosecutors investigate alleged financial crimes.

LIBRA was marketed as a digital alternative for Argentines seeking to escape inflation and currency controls. Critics have since accused the project of operating without transparency and leveraging political influence to draw in unsuspecting investors.

Milei has denied any personal gain from the venture and deleted the tweet promoting LIBRA amid the backlash. The presidency has not responded to the latest judicial actions, but the investigation into financial links between his inner circle and the token’s promoters continues to escalate.

Opposition lawmakers are now calling for an independent inquiry into the president’s involvement and whether his public endorsement constituted abuse of office or market manipulation.

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US Judge Pauses State Attorney General Crypto Lawsuit Against the SEC, Cites Regulator’s Leadership Transition https://earlybirdsinvest.com/us-judge-pauses-state-attorney-general-crypto-lawsuit-against-the-sec-cites-regulators-leadership-transition/ https://earlybirdsinvest.com/us-judge-pauses-state-attorney-general-crypto-lawsuit-against-the-sec-cites-regulators-leadership-transition/#respond Fri, 18 Apr 2025 17:52:57 +0000 https://earlybirdsinvest.com/us-judge-pauses-state-attorney-general-crypto-lawsuit-against-the-sec-cites-regulators-leadership-transition/

A federal judge has approved a motion to suspend the lawsuit filed by a group of state attorneys general and the advocacy group DeFi Education Fund against the U.S. Securities and Exchange Commission (SEC).

The complaint filed in November alleges that the SEC acted beyond its authority in filing enforcement actions against crypto exchanges, arguing that the power the regulator asserts over digital assets belongs to individual states.

“[W]ithout Congressional authorization, the SEC has sought to unilaterally wrest regulatory authority away from the States through an ongoing series of enforcement actions targeting the digital asset industry, premised on the theory that practically all purchases and sales of digital assets are ‘investment contracts.’”

On April 16th, Judge Gregory Van Tatenhove of the Eastern District of Kentucky ordered a 60-day pause on the deadlines and legal proceedings related to the case following the appointment of pro-crypto businessman Paul Atkins as the new SEC chair.

The development comes as the SEC takes a more friendly approach to the digital assets industry. The securities watchdog has already dropped numerous key crypto cases, including those involving the blockchain payments firm Ripple and the crypto exchange Kraken.

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SEC, Binance Ask Judge to Extend Pause in Ongoing Case https://earlybirdsinvest.com/sec-binance-ask-judge-to-extend-pause-in-ongoing-case/ https://earlybirdsinvest.com/sec-binance-ask-judge-to-extend-pause-in-ongoing-case/#respond Sat, 12 Apr 2025 09:53:50 +0000 https://earlybirdsinvest.com/sec-binance-ask-judge-to-extend-pause-in-ongoing-case/

Attorneys for the U.S. Securities and Exchange Commission and Binance asked a federal judge on Friday to continue a pause in the regulator’s case against the crypto exchange for another two months, citing “productive discussions.”

The SEC sued Binance in 2023, alleging the exchange — alongside its U.S. affiliate and executives such as former CEO Changpeng Zhao — violated federal securities laws by operating as an unlicensed clearing agency, broker and exchange. The SEC also alleged commingling and that Binance.US’s trading volume was manipulated. In February, after U.S. President Donald Trump retook office and appointed Commissioner Mark Uyeda as acting agency chair, the regulator asked for a 60-day pause in the case, which was set to expire on Monday. The SEC pointed to a newly created crypto task force aiming to draft clearer guidance around how securities law might apply to digital assets as part of its explanation for the requested pause.

In Friday’s filing, the attorneys involved said the discussions included “how the efforts of the crypto task force may impact the SEC’s claims,” and requested another 60 days’ pause.

“In light of these continued discussions and the time required for the staff to seek authorization from the Commission as necessary to approve any resolution or changes to the scope of this litigation, the SEC requested that the Defendants agree to continue the current stay for an additional 60 days, and the Defendants agreed that continuing the stay is appropriate and in the interest of judicial economy,” the filing said.

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Judge Rules Against Most of DCG’s Motion to Dismiss NYAG’s Civil Securities Fraud Suit https://earlybirdsinvest.com/judge-rules-against-most-of-dcgs-motion-to-dismiss-nyags-civil-securities-fraud-suit/ https://earlybirdsinvest.com/judge-rules-against-most-of-dcgs-motion-to-dismiss-nyags-civil-securities-fraud-suit/#respond Sat, 12 Apr 2025 08:24:16 +0000 https://earlybirdsinvest.com/judge-rules-against-most-of-dcgs-motion-to-dismiss-nyags-civil-securities-fraud-suit/

A New York judge ruled Friday that the majority of New York Attorney General Letitia James’ civil securities fraud suit against crypto venture firm Digital Currency Group (DCG) and two of its executives can proceed to trial.

In 2023, James sued James sued DCG and its CEO Barry Silbert, DCG’s now-bankrupt lending arm Genesis Global Capital and its former CEO Michael Moro and crypto exchange Gemini, alleging that they worked together to cover up a gaping $1 billion hole in Genesis’ balance sheet caused by the wipe-out of Singapore-based crypto hedge fund Three Arrows Capital (3AC) in 2022.

James said DCG and Genesis made “false assurances” on social media that DCG had absorbed Genesis’ losses from 3AC’s implosion when, in fact, they had just papered over the hole with a promissory note, pleading to pay Genesis $1.1 billion over 10 years at a 1% interest rate. While DCG has adamantly maintained that the promissory note was legitimate, James’ suit claimed that DCG has “never made a single payment under the Note.”

While Gemini and Genesis both settled with the OAG, DCG, Silbert and Moro have fought them tooth and nail. Last spring, DCG and both executives filed motions to dismiss the suit, alleging that the Office of the Attorney General (OAG) had failed to state a claim — essentially arguing that they were not selling securities and thus should not be sued under New York State securities laws.

But the judge presiding over the case disagreed in her Friday ruling, writing that the OAG had, at least at the current stage of the case, adequately alleged that the Gemini Earn program — the now-defunct Gemini lending product that went belly-up in November 2022 and which sits at the center of James’ case — was a security.

Crane did, however, agree to toss out two of James’ claims against DCG, Moro and Silbert — one claim under New York’s Executive Law that they engaged in a scheme to defraud in the first degree, and another that they engaged in a conspiracy in the fifth degree — ruling that those claims were duplicative.

Though Crane ruled the case can proceed, DCG said it isn’t done fighting.

“As we have stated from the beginning, the allegations against DCG are a thin web of innuendo, mischaracterizations, and unsupported conclusions,” a spokesperson for DCG told CoinDesk. “We’re encouraged by the judge’s dismissal of the New York Attorney General’s most outrageous claims based on alleged violations of criminal fraud and conspiracy statutes. We will continue to fight this baseless lawsuit as we remain focused on our mission in support of the digital assets industry.

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Brazilian judge allows NFT subpoenas to Bitcoin wallets in high-profile fraud case https://earlybirdsinvest.com/brazilian-judge-allows-nft-subpoenas-to-bitcoin-wallets-in-high-profile-fraud-case/ https://earlybirdsinvest.com/brazilian-judge-allows-nft-subpoenas-to-bitcoin-wallets-in-high-profile-fraud-case/#respond Tue, 01 Apr 2025 01:48:34 +0000 https://earlybirdsinvest.com/brazilian-judge-allows-nft-subpoenas-to-bitcoin-wallets-in-high-profile-fraud-case/

A court in Brazil has authorized the use of non-fungible tokens (NFTs) to notify unidentified defendants in a case involving missing Bitcoins (BTC) tied to an alleged pyramid scheme, BWA Brazil.

The decision stems from legal action filed by the court-appointed trustee of BWA Brazil’s bankrupt estate seeking to interrupt the statute of limitations on claims related to crypto assets allegedly acquired using creditor funds.

The estate requested that the court permit digital service of process by minting NFTs containing the relevant legal documents and transmitting them to wallet addresses involved in the initial transactions.

The ruling stated:

“Creditors who suffered multimillion-dollar losses cannot be further harmed by legislative delays in keeping up with technological innovation. Therefore, I authorize the court-appointed trustee to take all necessary actions to carry out notification of this interruptive protest [which interrupts lawsuit deadlines] via electronic communication using NFTs.”

Furthermore, the Public Prosecutor’s Office submitted a favorable opinion supporting the trustee’s petition. 

The measure targets holders of digital assets whose identities remain unknown but have wallet addresses that are traceable through the Bitcoin blockchain.

The estate claims that approximately 11,200 BTC were acquired using creditor funds. At current prices, 11,200 Bitcoin is worth over $900 million.

According to the filing, these transactions occurred before the bankruptcy and are now subject to potential recovery proceedings. 

A large scheme

BWA Brazil was founded in 2017 by Paulo Roberto Ramos Bilibio and presented itself as an investment company offering BTC exposure. It offered 5% fixed monthly returns on clients’ deposits, an impossible result based on a variable return asset such as Bitcoin.

However, the firm froze withdrawals in early 2020, leaving customers with losses estimated at R$300 million — roughly $52.2 million. Authorities estimated this is one of Brazil’s largest losses tied to an alleged crypto pyramid scheme.

In July 2020, a Brazilian court approved BWA’s filing for judicial recovery, claiming it would reimburse its customers. However, less than one year later, another court order changed the process from judicial recovery to bankruptcy, claiming the firm made no efforts to pay its clients.

Bilibio and his partner, Jessica da Silva Farias, allegedly used the money retained by BWA to buy Bitcoin. Both of them remain at large and have not been arrested yet.

Blockchain traceability enables new legal processes

The trustee highlighted that despite the anonymity of wallet addresses, Bitcoin’s technical architecture permits the tracking of individual coins. Once received into a wallet, BTC can be transferred repeatedly, but each transaction is permanently recorded on the blockchain. 

The filing acknowledged that some assets were moved through centralized exchanges, while others may have been transferred via peer-to-peer methods that bypass third-party intermediaries.

Authorities may be able to identify the ultimate beneficiaries in cases involving exchanges domiciled in Brazil, where entities are required to report user transactions to the Federal Revenue Service. 

However, peer-to-peer transfers using asymmetric encryption present significant challenges for attribution, making direct notification via the blockchain a necessary procedural innovation.

The use of NFTs to initiate legal notification marks an adaptation of procedural norms to accommodate blockchain-based financial activity’s unique characteristics as courts grapple with the jurisdictional and evidentiary complexities of decentralized asset flows.

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