Prosecutors Charged the Company With Defrauding Thousands of Investors.
According to State Attorney General Letitia James, New York officials obtained a court order shutting down cryptocurrency trading site Coinseed after it allegedly scammed thousands of investors of millions of dollars. The court granted Coinseed and its creator and CEO, Delgerdalai Davaasambuu, a $3 million judgement.
According to some financial experts, these Ponzi scheme-like activities may continue in the absence of generally agreed-upon legislation that strengthen investor protections against fraud.
Prosecutors in New York allege that Coinseed's mobile application, which was available on the App Store and Google Play Store, illegally marketed stocks, operated improperly as a broker-dealer, and traded in investors' accounts without their consent, even limiting account access. Officials claim the activity continued even after Coinseed was sued by James' office in February for allegedly breaching the state's powerful Martin Act, an anti-fraud statute that allows the state attorney general broad authority to prosecute securities fraud investigations.
Prosecutors allege that Coinseed - which built its network to between 4,000 and 5,000 investors - improperly invested client cash in the digital currency dogecoin, resulting in investor losses within hours.
The attorney general's office in New York declined to speak further. Coinseed's initial attorney of record, Jason Gottlieb of the firm Morrison Cohen LLP, has informed Information Security Group that his firm has withdrawn from the matter following the grant of a motion to withdraw.
"Given how hot crypto assets continue to be," Karl Steinkamp, director of PCI product and quality assurance at security firm Coalfire, tells ISMG, "I would anticipate we will continue to see more of these events."
Following a preliminary injunction granted in June, the court ruling - delivered Sept. 9 by New York State Supreme Court Justice Andrew Borrok - appoints a permanent receiver to process investors' funds and permanently halts activities.
In February, James' office sued the platform, Davaasambuu, and former Chief Financial Officer Sukhbat Lkhagvadorj. According to James, Coinseed "continued its deception and engaged in additional fraudulent behaviour" in the months that followed, including introducing a new virtual currency.
"For years, Coinseed and its CEO have engaged in outrageous and dishonest conduct that has defrauded investors of millions," James asserts. "Contrary to court rulings, this organisation has continued to operate unlawfully and unethically, seizing clients' assets and highlighting the risks associated with investing in unregistered virtual currency."
According to New York officials, the company issued securities in 2017 through an initial coin offering, or ICO, which allowed investors to purchase Coinseed tokens. As a result, the company should have registered as a broker-dealer. Additionally, state prosecutors charged Davaasambuu with faking his experience in order to promote the platform.
Additionally, James said in a May court filing, "The defendants transferred all investors' holdings into a single, extremely volatile virtual currency (dubbed Dogecoin), whose price fluctuates substantially in a matter of hours."
Brian Whitehurst and Amita Singh, state assistant attorneys general, report that their office has received more than 175 investor complaints.
Users claimed in court filings that they were unable to withdraw their Coinseed payments, even when they owned assets over $100,000. Several investors stated that they lost tens of thousands of dollars overnight as a result of illicit trading.
Prosecutors say the receiver will now "acquire, preserve, and refund all assets invested and transacted through Coinseed."
According to Coin Desk, Davaasambuu reportedly described James' legal action as "immensely sorrowful and infuriating" in June, despite refuting the charges. According to reports, the CEO encouraged users to "annoy" James' office and announced that the site will provide a free token called "FLJ," an acronym for nasty language directed at the state's lead attorney.
According to CBS News, the Coinseed CEO also reportedly referred to James as a "business abuser" and blamed New York's cryptocurrency rules for his company facing legal action.
"My office will not hesitate to protect investors' wallets against all those who aim to swindle them," James stated earlier this year.
Coinseed was also sued by the Securities and Exchange Commission in a parallel action, alleging that it neglected to file a registration statement or get an exemption for the ICO between 2017 and 2018.
Is This One of the Most Heinous Cases?
According to Steinkamp of Coalfire, Coinseed's operations resemble those of the recently defunct platform BitConnect, which the SEC charged with defrauding investors of $2 billion.
"As yet another Ponzi fraud," Steinkamp continues, "investors were guaranteed a percentage of Coinseed revenues related with bringing new users to the site and with their digital asset purchases."
Michael Fasanello, who has worked in various capacities within the United States Departments of Justice and Treasury, including at Treasury's Financial Crimes Enforcement Network, or FinCEN, says, "This is one of the most egregious cases to date, because the defendants were already under investigation by the New York attorney general and had received a court injunction when they disregarded those sanctions."
Fasanello, who is presently the director of training and regulatory relations at Blockchain Intelligence Group, notes that the Coinseed incident demonstrates the "significant risk connected with the governing parties of the platforms or exchanges on which these assets are held."