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Crypto Company CEO Confronts Extradition to US Over Alleged Cryptocurrency Fraud

Lawyermonthly 1100X100 Oct2024

The Chief Executive of a Cryptocurrency Firm Faces Possible Extradition to the US for Crypto Asset Fraud Allegations.

Nine individuals and three entities face charges of fraud by the U.S. Securities and Exchange Commission (SEC) for their participation in orchestrating schemes aimed at defrauding investors through manipulation of the cryptocurrency market. The accused allegedly deceived investors by fabricating a facade of active trading environments for several crypto securities, thereby inciting investment based on grossly exaggerated volumes and market prices.

A statement from the SEC encapsulated their proceedings as follows: “The defendants’ unauthorized and deceitful offerings and sales of securities to the public investor, paired with their manipulative trading practices, underpin this litigation.”

Alleged Scheme Involving Fraudulent Crypto Market Practices

The SEC’s complaints articulate that crypto asset promoters — Russell Armand, Maxwell Hernandez, Manpreet Singh Kohli, Nam Tran, and Vy Pham — alongside three companies, namely ZM Quant, Gotbit, and CLS Global, purported to provide market-making services. Manpreet Singh Kohli, age 43, connected via video to London’s Westminster Magistrates’ Court, marking an initial chapter in his defense against potential extradition to the US.

It is alleged that these parties employed tactics designed to influence the trading of crypto assets. The accusation posits that they provided “market manipulation services” that artificially increased both the trading volume and market price for the crypto securities that they advertised to unsuspecting investors through non-registered transactions.

According to SEC documents, ZM Quant and Gotbit, on behalf of the promoters, implemented manipulative trading strategies including wash trading — a method involving self-trading to simulate a false sense of market activity.

The SEC further claims that CLS Global followed a similar manipulative scheme related to a different cryptocurrency developed and monitored by the Federal Bureau of Investigation (FBI) as part of a separate probe into market manipulation within the crypto sector.

The SEC has outlined how these deceptive operations misled retail investors into the false belief of active trading and robust demand for these crypto assets, when in fact the activity was fictitious and served no genuine economic function. Some defendants, it was alleged, employed algorithms or trading bots to generate excessive volumes of transactions, resulting in daily artificial trading volumes of up to quadrillions of transactions and billions of dollars on leading crypto trading platforms.

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SEC’s Official Assertion

The SEC is actively working to hold accountable those involved in deceptive activities, particularly when such schemes are believed to have exploited retail investors with empty promises of returns in the uncertain crypto markets. Deputy Director of the SEC’s Division of Enforcement, Sanjay Wadhwa, emphasized the significance of the charges, declaring, “Today’s regulatory measures reconfirm the exploitation of retail investors by fraudulent actions within institutions of the crypto asset arena.”

The collusive initiative of so-called promoters and self-styled market makers has led to defrauding the investing public with bogus assurances of profits, necessitating heightened vigilance from investors due to skewed odds in financial engagements.”

As the crypto asset market becomes increasingly vulnerable to manipulation with consistent marketing of these assets as securities to the general public, Jorge G. Tenreiro, Acting Chief of the SEC Division of Enforcement’s Crypto Asset and Cyber Unit (CACU), expressed his deep concerns about the extent of fraudulent activities: “These illicit schemes have allowed individuals behind them to profit significantly at the expense of investors who have been deluded into these markets, often leading to the loss of their hard-earned money. Our commitment is towards uncovering and eliminating such malpractices, more so when they involve securities.”

Legal Proceedings and the Nature of Charges

The SEC has lodged five lawsuits at the United States District Court for the District of Massachusetts, alleging that all defendants have transgressed the antifraud and market manipulation clauses of the U.S. securities legislation, with certain defendants also being charged with non-compliance with registration stipulations.

  • The SEC seeks various forms of judicial relief in these cases, which include:
  • Permanent legal prohibitions to deter further securities law violations by the defendants.
  • Injunctions tied to behavior to limit specific activities relevant to market manipulation.
  • The return of illicitly gained profits plus interest to recapture funds obtained through illegal activities.
  • Imposition of civil fines to prevent future breaches.

Exclusions for specific officers and directors to prohibit them from engaging in executive positions within companies overseen by the SEC.

In a significant turn of events, three key defendants — Armand, Hernandez, and Pham — have agreed to settle the charges. Pending judicial authorization, this agreement would provide a lasting injunction against any subsequent breaches of federal securities laws and enforce behavior-related injunctions. They would also be barred from assuming officer or director positions in any public entities. The judiciary will later decide the definitive figures for asset forfeiture, prejudgment interest, and applicable civil penalties for these individuals.

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Joint FBI and Criminal Initiatives

Alongside the SEC civil proceedings, the Federal Bureau of Investigation (FBI) and the U.S. Attorney’s Office for the District of Massachusetts have instigated criminal prosecutions related to these fraudulent practices. The SEC acknowledges the collaborative efforts across agencies, enabling synchronized civil and criminal adjudication against the implicated parties.

These instances reflect the concerted effort by regulatory and enforcement authorities to clamp down on market abuses within the burgeoning sphere of crypto assets. As the SEC continues to surveil and prosecute fraud in the cryptocurrency industry, these regulatory moves serve as a warning to prospective manipulators that legal scrutiny and repercussions await them. Investors are counseled to practice due diligence and engage in comprehensive research of cryptocurrency market opportunities before making investment commitments.

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