The São Paulo court ordered the blocking of the Bitcoin collection of Genbit, the companies linked to it and the partners Nivaldo Gonzaga and Gabriel Tomaz Barbosa in favor of a client who lost about R $ 16 thousand. This measure was taken from a precautionary measure to guarantee a possible future execution.
There is no information, however, on how this type of lock would occur, since it would be necessary to have access to the company's portfolio and the private keys of its owners.
The decision is not final. This is an injunction attended by one of Genbit's clients. According to Judge Marco Aurélio Stradiotto de Moraes Ribeiro Sampaio, of the 3rd Civil Court of Jundiaí (SP), the blocking of cryptocurrencies, however, will only occur if the Court does not find an amount in the accounts of companies and their respective partners capable of covering the share value which is R $ 16,767.00.
This is the first time that the Court decides to block the Bitcoin collection of Genbit and its partners. The magistrate clarified that in cases similar to this, an executive title would be necessary if the blocking of cryptocurrencies was to be effected.
However, he also mentioned that the Brazilian Securities and Exchange Commission (CVM) ban on these companies operating in the market indicates their irregularity.
“The situation is public and notorious, with a ban on the defendant, including CVM, from operating in the market. It will be difficult to block something, but the attempt must be made in view of the momentary unavailability of withdrawals, which points to a possible and strong origin of the request in view of the argument of fraud occurrence ”.
Ribeiro stated that requests for disregarding the legal personality of companies and recognition of the formation of an economic group was made clearly in the initial petition.
"This is enough for, according to the assertion theory, the composition of the passive pole is accepted outright by all the defendants as placed by the initial, since they would answer, in theory, for the compensation requested".
From that decision, then, Gensa Serviços Digitais S / A (Genbit), Arbor Brasil Serv de Gestão Fin Ltda and Hdn Participações, in addition to Nivaldo Gonzaga dos Santos and Gabriel Tomaz Barbosa started to answer together for the process involving the suspected fraud in the financial market.
"I disregard the legal personality of the defendants with the formation of an economic group as allegedly accepted by this decision, as well as going to the partners, for the allegation of fraud, so that they respond to the deed, at least".
Lawyer Ricardo Kassin, of the Parodi Kassin office, who represents this victim who preferred not to have his name disclosed, in conversation with the Bitcoin Portal, revealed that the whole story started in May 2019.
At that time, his client had invested R $ 30 thousand in the company Arbor Brasil, acquired the so-called “benefits package”. The lawyer said that the victim even received part of the amount contributed.
In the first four months, Kassin's client received what they had agreed from the group behind Genbit. In May, the client raised R $ 1,700.00 and in the following month, he received R $ 3,783.00. In July and August, payments continued and he received R $ 3,900.00 and R $ 3,850.00 respectively.
The whole drama, however, began in September. Genbit in that period was starting to stop paying its customers and Kassin's customer was one of them. Of the R $ 30 thousand contributed, he received less than half: R $ 13,233.00.
According to the lawyer, his client initially did not believe in the company. He, however, decided to invest money in Genbit after a friend referred him and gave assurance that the group was paying its customers.
"He didn't trust the company, but a friend ended up showing him that he was getting what he had invested."
Orders against Genbit
The lawyer mentioned that the value of the lawsuit refers to only the amount that his client did not receive, that is, more than R $ 16 thousand, not counting the monetary correction.
“As he received some values, I discounted it. The share price is only what he still has to receive. I did not ask for compensation for pain and suffering, ”he said.
Kassin then said that in addition to asking for the blocking of companies 'and partners' accounts via Bacenjud, he decided to request urgent relief for the Justice to block the Bitcoin collection of Gensa, Nivaldo Gonzaga and his son Gabriel Tomaz Barbosa.
This measure, however, according to the lawyer, is something that will serve as a guarantee if "no cash is found in the accounts of the requested companies and their partners".
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