The EminiFX Receiver has recovered 3658 BTC from cost processor CoinPayments.
Following an permitted “Turnover Settlement Software” filed on November fifteenth, CoinPayments transferred 3658.33264986 BTC to the EminiFX Receiver on November twentieth.
The EminiFX Receiver, SEC and Eddie Andrexandre all consented to the clawback.
Right this moment 3658 BTC is value round $59.2 million. When the CFTC filed swimsuit towards EminiFX and proprietor Alexandre again in Could, the identical quantity had a avenue worth of ~$107 million.
Pending communication with EminiFX traders and additional route from the court docket, the clawed again bitcoin can be held in a “absolutely segregated chilly storage custody pockets”.
Eddy Alexandre is going through parallel prison costs in relation to the EminiFX Ponzi scheme.
As a part of these proceedings, the DOJ was ordered to
submit an affidavit or affidavits describing with specificity the character and extent of the prosecutors and the FBI’s relationship with CFTC and the Receiver throughout their investigations of (Alexandre).
We’ve already been supplied perception into how the FBI took down Alexandre.
An affidavit, filed by an Assistant US Lawyer on November fifteenth, supplies further data of curiosity (notice that “the Authorities” refers back to the DOJ);
The FBI and the Authorities and the CFTC every initiated their separate investigations independently.
The Authorities and/or FBI didn’t conduct joint interviews of witnesses with the CFTC or the Receiver.
The CFTC and the Receiver performed no function within the Authorities’s charging choices or the event of the Authorities’s prosecutorial technique.
Nobody from the CFTC or the Receiver’s workplace was designated a particular Assistant U.S. Lawyer to work on the prison investigation.
The CFTC and the Receiver weren’t concerned in presenting this case to the grand jury and didn’t obtain grand jury transcripts.
The CFTC and the Receiver didn’t take part within the execution of search warrants or the responsiveness critiques.
The CFTC and the Receiver didn’t receive supplies produced to the Authorities pursuant to grand jury subpoenas.
The CFTC and the Receiver haven’t accompanied the Authorities to Courtroom.
The Authorities didn’t take any investigative actions on the route of the CFTC and/or Receiver.
The Authorities didn’t direct the CFTC and/or the Receiver to take any investigative actions.
On the day of Alexandre’s arrest, the CFTC got here to his presentment to serve him with authorized course of linked to the CFTC’s case towards him. The CFTC has not attended some other Courtroom proceedings on this case.
Important sections of the affidavit are redacted, as they pertain to particulars of the investigations which are
ordinarily nonpublic and which might be dangerous to future investigations whether it is revealed.
The redacted affidavit sections can be found for in-camera overview by the Choose.
Alexandre’s legal professional objected to the redactions on November sixteenth. The DOJ responded later the identical day, asserting
The defendant seeks detailed and extremely particular data regarding the communications between the Authorities and the CFTC.
Particularly, the redacted data accommodates detailed details about the Authorities’s strategic choices all through the investigation, together with efforts to assemble proof and to make sure that the defendant didn’t flee from prosecution; the timing of the Authorities’s investigation; what was shared with the grand jury; and details about grand jury requests that have been issued by the Authorities.
The defendant is just not entitled to such data absent a preliminary displaying of unhealthy religion.
The defendant makes an attempt to make an finish run round this caselaw by requesting the identical kind of detailed data that may ordinarily solely be topic to disclosure after a discovering of unhealthy religion.
The defendant has not made any displaying of unhealthy religion and is due to this fact not entitled to the unredacted Affirmation containing this data.
A call on the matter stays pending. Alexandre is in any other case scheduled to face trial in March 2023.
