The New York Southern District Court has denied a request filed against alleged fraudulent digital currency scheme OneCoin and other individual defendants linked to the scheme. The plaintiffs filed their lawsuit about one month ago with the hope of being awarded damages arising from the fraudulent and for alternative service of their complaint. Judge Valerie E. Caproni nixed the plaintiff’s request through an order signed yesterday, November 1, 2019.
In the lawsuit dated October 1, 2019, lead plaintiff Donald Berdeaux and plaintiff Christine Grablis filed a Motion for Leave to Effectuate Alternative Electronic Services upon the four defendants; Sebastian Greenwood, OneCoin Ltd, Irina Andreeva Dilinska, and Ruja Ignatova. The plaintiffs proposed alternative services on the defendant OneCoin via social media and Federal Express to the company’s Dubai office, email to [email protected], and [email protected]
The plaintiffs further claim that they were unable to find addresses that would effectuate services on defendants Dikinska, Greenwood, and Ignatova by traditional means provided for under Rule (2) and (4)(f)(1). These three defendants have been executive employees of OneCoin and apparently operates in Europe. Their locations are, however, yet to be known, and as a result, the plaintiffs have proposed service on the three defendants via Federal Express to OneCoin offices and by email to their known addresses.
The court noted that the plaintiffs lacked to provide proof that the proposed onecoin.eu email was functional and practical for use. The onecoin.eu website, which also matches the proposed email seems to be nonfunctional. The plaintiffs were advised by the court to address the concerns in a new alternative service application.
Judge Valerie E. Caproni said in the ruling that,
“the court denies the plaintiffs’ motion because they did not show that they had taken all reasonable steps to serve the defendants.”
The court was skeptical that The plaintiffs’ proposals on alternative means of service meeting due process was a concern for the court. The plaintiffs stated that OneCoins address is listed as the United Arab Emirates address. OneCoin’s registered office to persuade the court but lacked to provide evidence to support the assertion.
The plaintiffs in this lawsuit represent all those individuals who transferred cryptocurrencies or fiat currency either directly or indirectly to the defendants OneCoin in which to invest in their Trade Packages and suffered monetary injuries as a result. The lawsuits backdate to all transfers made from April 2014 to March 2018.
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