Plaintiff asks court to prevent BitMEX from destroying evidence of serving Americans
The plaintiff in the case against the crypto-derivatives exchange BitMEX is confident that the Twilio cloud service can store thousands of emails containing confirmation of the defendant’s wrongdoing. He asks the court to order the retention of all BitMEX-related letters, because he fears that the exchange may delete them. Writes about it Cointelegraph.
Bitcoin Manipulation Abatement LLC (BMA) has filed a lawsuit against parent company BitMEX HDR Global Trading Ltd. in mid-May, accusing her of manipulating the cryptocurrency market and serving American traders without a license.
“BitMEX uses Twilio to communicate with all of its users on a daily basis,” said Pavel Pogodin, lead lawyer at BMA. “They made a mistake when they used an American company for this purpose and at the same time declared that they had no personal jurisdiction in the US and California courts.”.
In an appeal to the court, the plaintiff states that it is necessary to “save a snapshot of information, including certain email addresses of users, as evidence of the defendant’s contacts and the provision of money transfer services in the United States without a license.” Twilio, according to BMA, responded evasively to its request and refused to acknowledge the responsibility of the respondent to preserve the content..
The plaintiff also claims that HDR deliberately chose the Seychelles as its place of registration due to the loyalty of local legislation. When asked for information, HDR allegedly responded with an image with the words in front of a photo of its founder Arthur Hayes: “Registered in the Seychelles, come for me, bro.” According to BMA, the exchange’s “cynical” reaction underscores its confidence in the ability to evade responsibility in the US.
BMA previously stated that BitMEX is conducting its business in a “flagrantly illegal manner” and was created from the outset with regard to the violations of the law, which it was going to commit in the course of its operations..