Crypto platform and founder
David Smillie ordered
to pay $18.4-million
in fraud
scheme by B.C. Securities Commission panel
Crypto platform and founder David Smillie ordered to pay $18.4-million in
fraud scheme by B.C. Securities Commission panel
Alexandra Posadzki Financial and cybercrime reporter
Published 1 hour ago
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A defunct cryptocurrency• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта trading platform and its founder have been ordered to
pay $18.4-million after a B.C. Securities Commission panel found that the
company committed fraud by lying to its customers and misappropriating
millions of their funds for gambling and other purposes.
The panel of three commissioners on Monday ordered David Smillie and his
crypto platform, a numbered company operating as ezBtc, to pay a combined
$10.4-million. The amount represents the sum that the company obtained as a
result of wrongdoing minus funds that were repaid to customers, according to
the panel.
Mr. Smillie, who was a B.C. resident when the exchange was operating, has also
been ordered to pay an administrative penalty of $8-million.
The ezBtc platform, which allowed users to buy, sell or trade crypto assets,
was incorporated in British Columbia in 2016 and went offline roughly three
years later. The company was dissolved in 2022.
The platform’s customers were told that their assets would be held offline in
what is known as cold storage. The practice of storing cryptocurrency• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта in
digital wallets that are not connected to the internet is meant to keep it
secure from cyberattacks and other threats.
Instead, roughly a third of the crypto assets deposited with the exchange or
acquired through the platform were sent either to gambling sites or Mr.
Smillie’s personal accounts on other crypto exchanges, according to the panel,
which found that a total of 935.46 bitcoin• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта » Bitcoin and 159 ether were wrongfully
obtained.
Mr. Smillie “blatantly and repeatedly lied to customers,” the panel wrote,
noting that customers who complained publicly were threatened with defamation
lawsuits.
Money that is collected by the securities commission can be provided to
victims. However, the panel said it has “no evidence of Smillie’s personal
circumstances or his ability to pay.”
The B.C. Securities Commission hired a forensic data analytics firm called
Integra FEC LLC to determine what happened to funds transferred from ezBtc’s
Bitcoin• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта » Bitcoin and Ethereum• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта » Ethereum addresses.
The money was traced to Mr. Smillie’s accounts at several crypto currency• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта
exchanges – Poloniex, Binance• Экономика » Финансы » Платежные средства » Платежные системы интернета » Криптовалюта » Binance, and Kraken – and to online gambling sites
CloudBet and FortuneJack. The tracing stopped once funds were deposited with
the gambling sites, according to the securities watchdog.
Mr. Smillie had made two unsuccessful applications to adjourn the April
hearings on the grounds that he had health issues, had little to no money, was
not in Canada• Канада, and was having difficulty accessing records.
Mr. Smillie did not attend the hearings. His lawyer, Cody Reedman, did not
immediately respond to a request for comment.
In addition to the financial sanctions• Политика » Геополитика » Международные отношения » Международное право » Международно-правовые санкции » Санкции против России imposed on Mr. Smillie and the company,
he has been permanently banned from participating in the province’s investment• Экономика » Финансы » Инвестиции
market, except as an investor• Экономика » Финансы » Инвестиции » Инвестор through a registered adviser.
The company, which was legally incorporated as 1081627 B.C. Ltd., is
permanently banned from trading its shares or engaging in any promotional
activity.
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