JPEX

A Hong Kong judge ruled in favor of the plaintiff in a case involving JPEX, stating that cryptocurrencies are considered "property" in Hong Kong

ChainCatcher news, according to Hong Kong media reports, JPEX is suspected of violating regulations by promoting and operating in Hong Kong. The first civil lawsuit involves two plaintiffs seeking to recover 240,000 Tether or 1.85 million Hong Kong dollars from JPEX Group and a total of 7 defendants. One of the defendants, a JPEX registered company in Hong Kong, was absent from last month's hearing. Judge Zhou Zhaowen issued a ruling yesterday stating that the company, as an operator, holds assets and constitutes an express trust but has violated its responsibilities. Particularly, the case of the first plaintiff is evidently strong, thus the judge ordered the company to compensate at the request of the two individuals.According to the statement of claim, the first defendant, a company registered in Australia under JPEX, operates the JPEX virtual asset service and electronic platform. The plaintiffs personally or in their name deposited virtual currency into the platform account, and they request the court to rule that the second defendant has violated good faith and/or must restructure and repay debts. The judge also stated that in many common law jurisdictions, including Hong Kong, courts accept that cryptocurrency is considered "property" and can form a trust.The judge recognized that the two defendants operate a cryptocurrency trading platform, which records the movement of currency between accounts, involving trustee benefits and various agreement terms. Therefore, the defendants, as trustees, violated their responsibilities by transferring assets without authorization.

JPEX investors file for compensation for the first time, lawyers say civil lawsuits have a 6-year statute of limitations and are pursued according to fiduciary duty debts

ChainCatcher news, according to Ming Pao reports, the unlicensed virtual asset platform JPEX in Hong Kong, reported last September, is suspected of violating regulations by promoting and operating in Hong Kong. Two of the victims in the case have hired lawyers to represent them and officially filed a lawsuit in the regional court yesterday against the JPEX group and a total of 7 related defendants, seeking to recover 240,000 Tether or 1.85 million Hong Kong dollars, marking the first civil claim against JPEX. Zhu Qiaohua, a consultant lawyer at Haocen Law Firm representing the plaintiffs, stated that if the claim is successful, it could serve as an example to help more victims recover their losses.Zhu Qiaohua mentioned that the criminal investigation is still ongoing, but there is a 6-year limit for filing civil lawsuits. If they wait for the criminal investigation to conclude before seeking compensation, there may not be enough time to initiate civil proceedings; any developments during the civil lawsuit could also impact the criminal prosecution. Tasman Tam, the barrister representing the two plaintiffs, explained that they will pursue several causes of action to try to recover losses for the plaintiffs, one of which is based on the fiduciary duty of the JPEX group (the defendants include JPEX's registered companies in Australia and Hong Kong) in the incident. All involved virtual currencies are held in trust by JPEX or related parties, with the actual owners of the virtual assets being the plaintiffs, and the defendants are required to return the relevant virtual assets.It is reported that as of April 18 this year, the police have received reports from 2,636 victims in the JPEX case, involving approximately 1.6 billion Hong Kong dollars, with 72 people arrested and assets worth about 228 million Hong Kong dollars frozen.

In the past three years, Hong Kong's virtual asset fraud cases involved a total of 7 billion HKD, and the number of arrests in the JPEX case has increased to 70

ChainCatcher news, according to Hong Kong 01, in recent years, there have been increasing cases of fraud involving virtual asset trading platforms, attracting social attention. The Secretary for Financial Services and the Treasury, Christopher Hui, stated that over the past three years, there have been a total of 7,148 cases of fraud involving virtual assets, with nearly 7 billion HKD involved, more than half of which were related to last year's scams. As of the 20th, in the JPEX case, the police have arrested 70 people, and no one has been prosecuted yet.Christopher Hui pointed out that since September last year, the Securities and Futures Commission has added a "List of Suspicious Virtual Asset Trading Platforms," and as of February 14 this year, there are 14 trading platforms on the list. He stated that since December last year, the Securities and Futures Commission and the Police Force have further implemented an information-sharing mechanism, exchanging complaints and intelligence regarding suspicious activities related to virtual asset trading platforms or virtual assets twice a week. As of February 2 this year, the Securities and Futures Commission and the Police Force have exchanged intelligence on over 100 cases related to virtual asset trading platforms or virtual asset-related activities.

Taiwan's "Financial Supervisory Commission": The amount involved in JPEX reaches tens of millions of New Taiwan dollars, and the spokesperson singer Chen Lingjiu has been interviewed

ChainCatcher news, Taiwan's "Financial Supervisory Commission" confirmed that it has received reports alleging that JPEX is illegally soliciting in Taiwan and providing evidence, and has forwarded the information to the investigation agency for further action. Due to the significant number of victims in Taiwan, the amount involved has reached tens of millions of New Taiwan dollars. After an investigation by the Taipei City Investigation Office, singer Chen Lingjiu, who was responsible for endorsements, was recently interviewed in secret, with the case being classified as fraud.JPEX has no business representative in Taiwan, and the investigation agency interviewed Chen Lingjiu (real name Chen Zhihao) as a witness. Chen Lingjiu stated that the entire matter was initiated by Rolling Stone Records' agent Liu Bai-liang, and he was only responsible for the endorsement, claiming to be a victim himself. It is still under evaluation whether the investigation agency will interview Liu Bai-liang. The investigation agency is looking into the fact that Chen Lingjiu's endorsement fee reached eight digits, far exceeding the general market rate. After the JPEX case broke out, the company located next to SOGO in Taipei's East District was found empty, with posters of Chen Lingjiu posted outside the building. Victims have no recourse for compensation and can only file a report with the investigation agency. Whether Chen Lingjiu was completely unaware of the situation remains to be clarified, and whether he will be changed from a witness to a defendant will depend on the evidence collected.The investigation agency estimates that JPEX has invested a large marketing budget in Taiwan, including spokespersons and media, with marketing costs reaching tens of millions. It will be further clarified whether this includes victim funds or illegal cash flows; the "Financial Supervisory Commission" pointed out that according to company law, if an overseas virtual trading platform is a foreign company and has not registered a branch office, it is prohibited from conducting business in Taiwan, with criminal and civil liability. Whether there has been a violation of money laundering laws will depend on whether JPEX has engaged in exchanges of New Taiwan dollars, foreign currencies, and other currencies.
2023-10-15

Wu Jiezhang is leading the provision of pro bono legal services for JPEX victims and suggests that the Securities and Futures Commission establish a research group as soon as possible to achieve a balance in the development and regulation of Web3

ChainCatcher news, according to Sing Tao Global, Hong Kong Legislative Council member Wu Jietzhuang stated that in the past few weeks, together with other volunteer lawyers, he has provided pro bono legal services for about 100 JPEX victims. He mentioned that some victims are seeking self-help through various methods, including civil lawsuits, pursuing compensation from the involved money exchange shops or KOLs, and considering collective action with other victims affected by the same money exchange shop. However, due to the varying amounts involved, ranging from hundreds of thousands to over a million, and the sensitivity regarding legal fees, they are still seeking legal advice and have not yet made a final decision.Additionally, Wu Jietzhuang pointed out that cryptocurrencies and other virtual assets are relatively new phenomena, and the third generation of the internet (Web3) is the future development direction for Hong Kong. As new products and investment opportunities emerge, there should be an enhancement in corresponding investor education to prevent fraud. He further noted that in the past, various virtual investment products have become tools for scams, and there may be other types of fraud in the future, hoping for government improvements. He continued to say that the Securities and Futures Commission responded quickly this time, but there is still room for improvement, suggesting the establishment of a research group as soon as possible to achieve a balance in the development, regulation, and investor protection of the third generation of the internet and virtual assets.
ChainCatcher Building the Web3 world with innovators