Dear Sir or Madam,
As a Law Firm, we initiate cases in the scope of conducting an international procedure including preparation of a strategy to recover funds from the CLOUD TOKEN project. Due to a large number of inquiries, below we present the current status of the proceedings, with information about the possibilities of joining the case.
We are currently in the process of final verification of the project, in respect of legality in the countries of occurrence and physical activity. The verification of the documentary material has already established at this stage that:
After the completion of all the information, as well as after the completion of the attachments and the list of the injured persons, our Law Firm will conduct the following activities:
If you wish to join the case, here is a shortened procedure (without excessive formalism) for reporting to the case. The only written document will be the power of attorney that we will need to receive signed. Below is the procedure for full application of the case to us:
If you have any questions, please ask them only by e-mail: firstname.lastname@example.org and email@example.com (sent to one person and another in one e-mail). Please do NOT send applications to these addresses.
TITLE: Legal service – CLOUD TOKEN / YOUR NAME AND SURNAME,
THE ACCOUNT NUMBERS:
PLN – IBAN – EN 91194010763146569600000000,
USD – IBAN – EN 84194010763183495500000000; Swift Code AGRIPLPR
EUR – IBAN – EN 811940107631851284000000; Swift code AGRIPLPR
TITLE: CLOUD TOKEN / NAME AND SURNAME
The most common questions and answers:
1. Deadline for applications
Basically, the deadline is 18 May 2020. After this date it will also be possible, but once we have sent the documentation to the Prosecutor’s Office and Interpol, we will have to submit an additional supplementary notice, and this will generate additional work and time on the part of the authorities who will be dealing with the case.
2. What will be the cost of conducting the case?
There is a one-off cost of PLN 246 gross. In the event of recovery, we charge a commission of 7.5% gross. We do not collect any additional remuneration from you during the case. All our conversations with international bodies, correspondence, additional letters – we do everything in the amount of PLN 246.00 gross.
3. Why do I have to provide so much data?
Because of the AML regulations, because of the specification of the notice and communication with international bodies. International bodies do not receive anonymous notifications about a crime or about an entity. We need to provide detailed information on the persons involved in the project.
4. Why do the power of attorney include a provision “for all other types of proceedings”?
We want to avoid a situation where we suddenly have to ask for a power of attorney from each individual injured person to another authority. If we contact other authorities in the course of the proceedings, we can do so on the basis of this power of attorney, without having to add a specific name of the authority.
5. Will I be questioned in this case?
At the stage of international proceedings, injured parties will be represented by the Law Firm in correspondence with Interpol and the Prosecutor’s Office in Australia (these are the two main entities at this stage). Therefore, there will be no individual hearings in Poland at this stage. Such a hearing may be necessary or advisable in the future, when international bodies will be clarifying the case.
6. Can I not use the services of a Law Firm, but only submit a notice on my own or by another law firm?
Yes, of course. There is no compulsion to use our services. However, I am convinced that one consistent notification will have “more power” from a practical point of view. Moreover, in my opinion, any law firm will demand a much higher remuneration than we have proposed. In addition, if there are several notifications from individuals, the case will be significantly longer (other signatures, need to merge the case);
7. What should be stated in the payments?
The basic amount (capital) paid into the project.
8. How to determine what is the value of dispute (how much am I losing)?
Please use simple mathematics. Amount of contribution minus amount of withdrawal (what is important is what was contributed and what was withdrawn).
9. What about calculations?
You will definitely not be able to recover the charges. This is typical in that kind of projects. In the event of a court case and the necessity to complete it, it will also turn out for sure that there are probably not enough funds to cover the charges as well. Moreover, the authorities will have a difficult task, given the necessity of verifying and determining the value of the charges. Based on our experience, we use simple and understandable mathematics.
10. Can people from abroad apply?
Yes, of course.
11. When can the reaction of international bodies be expected?
Please be patient. We do not expect any feedback before the end of the third quarter of this year. Unfortunately, we do not have the tools to speed it up. However, it is important to prepare a reliable notification, with the necessary documentation and description, so that the authorities can understand the specifics of the project.
12. Is it possible to amicably recover the funds at this moment?
At this moment we have no information and no contact with the decision makers, despite the verification of the project and after attempts to make contact. At the moment we do not see much chance to resolve the dispute amicably.
13. Is it possible to recover the funds individually?
You can report the notifications yourself, however, as indicated, the more files with other signatures in the same case, the longer the response time of the body will be. As far as individual amicable recovery is concerned, in the opinion of our Law Firm, the case is closed, whether individually, in a small group or in a large group.
14. What’s the plan for the case now?
The plan is outlined above. We will not inform you of the details at this stage, as this is partly our know-how, but we also do not want to “reveal all cards” to the owners and decision-makers. We believe that the whole concept should lead the decision-makers to a final agreement so that users can recover their invested funds.
15. Why do we address the notification to international bodies?
Because of the specificity and size of the project, as well as the huge share of foreign capital (in contrast to the Omega case, for example).
16. Why is no collective lawsuit filed in Poland?
Collective lawsuits are good when we know exactly who we should sue and everyone has a similar factual situation, as well as the financial situation of the entity is stable. Here the cases are various, different owners, foreign entity, lack of physical presence in Poland, different leaders, methods of payment and withdrawal.
17. Is the Law Firm considering conducting the case in cooperation with the Polish authorities?
If, in the course of international proceedings, the situation becomes clear, we do not exclude the possibility of filing civil and criminal claims in cooperation with the District Prosecutor’s Office, however, for the time being we believe that such a solution is pointless in this case.
18. Against whom will the notification be made?
First of all, we make a notice in the case. The authorities need to clarify the whole case on the basis of the facts and evidence gathered. In addition, in the further part of the explanation, we will also indicate the private persons, acting within the owners and decision makers of the project.
19. Will leaders be summoned as witnesses or participate in the process?
Not at this stage of international proceedings.
20. Are leaders responsible at all?
This depends on what exactly they have done. Criminal responsibility is about guilt – someone must actually commit a crime. Civil liability can be contractual or tortious. It will not be based on contractual liability in this case, as you had a contract with Cloud Token. However, tort liability for the time being depends on the arrangements of international bodies.
21. But I would like to sue the leader, may I?
Yes, if you want to open a civil case, you can sue the leader. However, in our opinion, such a trial is very risky at this stage. Due to the specifics of the application, the leader will defend himself by saying that he had no insight into the source code of the application and therefore could not verify whether the calculation and arbitration data was enforceable.
22. Can we only agree on a success fee?
No, the lawyer’s code of ethics makes it directly impossible to conduct a fee-based exclusion case. Moreover, please note that the amount of PLN 246.00 is a small amount, which allows you to obtain current information and take care of the case throughout the whole process.
23. Is filing the notice itself payable in terms of court or tax fees?
No, there is no additional fee, nor is there any tax charge for the power of attorney.
24. What is the chance to recover the money?
At this stage the Law Firm is not able to determine the percentage of chances of recovering the money. I will say, however, that in the current situation there are 3 solutions left: either to enter into expensive civil proceedings (not collective, but individual) or to accept the loss of funds or to conduct the case through international proceedings – this is something more than the Prosecutor’s Office. Interpol has much wider possibilities in terms of availability and tools for conducting such cases than any other body in Poland. Interpol has successfully closed many of the so-called BTC mixers, which allowed for the mixing of funds. What is more, no decision-makers or operators or service providers were indicated in this type of projects, and the servers were often located in tax havens – and yet, Interpol led to the closure of several such portals.
25. As a Legal Attorney, have I already participated in other projects of this type?
Yes, I know the specifics of this type of projects both from the side of the company and from the side of the injured parties.
26. If I had 5 accounts on me, do I have to make 5 charges?
No, in such a case, one application containing these 5 accounts within a SINGLE fee is enough.
27. Can I combine my account with a colleague’s, i.e. report the colleague’s account as my own?
We will not verify this, but if it turns out that something like this has happened during the investigation stage, then such a person may have problems with giving a false notice when he or she was not an injured person from the other account. Please do not do this for your own safety. Each person makes a report in their own name. The cost is calculated in such a way that everyone can afford it and at the same time cover our administrative costs.