FATF is the largest international organisation set up to deal with money laundering and the financing of terrorism. Japan is a member nation and all member nations are working towards implementing the FATF 40+9 recommendations, so there's a lot of standardisation between member countries. There are also regional organisations dealing with the same issues and many national financial intelligence services have binding agreements to share information with the financial intelligence services of other countries. So any nation with which Japan has an information sharing agreement can obtain information from MtGox through Japan's financial intelligence service. Financial intelligence services generally have sweeping powers to require information without a court order and there are generally significant penalties for not complying with requests for information. FATF does maintain a risk profile list for countries and financial services are expected to apply enhanced AML/CTF measures in respect of transactions involving those nations. http://knowyourcountry.com/fatflist220612.html
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He incorporated NameTerrific on (what he said was) his 18th birthday. I'm tempted to spring the $9 to get the records on directors and shareholders.
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I've been playing anywhere from 3-6 hours daily, recently. I guess I'll have to post some more samples tomorrow.
How many hours are you spending each day on getting your hookah bar happening? It's not going to be opening this year unless you start putting some serious time and effort into it.
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It doesn't really matter much whether or not pirate has a lawyer at this point or not. There's no injunction freezing his non-Bitcoin assets or restraining him from doing whatever the fuck he wants with any BTC which might be under his control (assuming there are any). He can pay people or not totally on a whim right now and there's little anyone can do about it.
Yeah, he's fucking with people's heads, but lets not pretend that those to whom he owes BTC are the ones in the position of power right now.
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$5000 out of $25000 needed.
Is that pledged funds or have you actually got the funds in hand and an agreement signed with the lender/investor?
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Looks like someone stole my idea, no worries, the hookah bar is my focus now.
So what have you managed to find out about the premises you have in mind and your other start up costs? You said you'd have a business plan completed over the weekend so you should have some hard numbers by now.
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Up until a few weeks ago, I would have vouched for Pirate, I bought a few hundred BTC from him with MoneyPak on BTC-OTC in the last few years, does this make me eligible for a scammer tag too?
In the last few years? When did you first deal with him? I think plenty of people would like to know more about his history with Bitcoin prior to him turning up here in July last year. The real problem for pass-through operators is that they either thought that pirate was operating a ponzi and didn't inform their investors of that or they failed to do adequate due diligence about his operation. They knew that they were offering unregulated investments. They knew that they had not obtained factual evidence of pirate's business model. They knew that they had done nothing to confirm that those who placed funds in the pass-throughs were sophisticated investors.
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My guess is that many of the scammers on here are going to be effectively judgement-proof. They simply won't have the means to pay any judgement so "taking them down" will essentially be primarily about trashing their credit. Some of them likely already have poor credit or they wouldn't be borrowing here at loan shark rates in the first place.
In many places it's illegal to operate as a debt collector or a private investigator without being licensed. Never assume that people who owe money aren't going to be willing to report any illegal collection efforts. I doubt that your clients will bail you out if you end up in shit for the manner in which you've pursued recovery of their debt.
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I don't suppose Oct 12th is some kind of Zeek Rewards court case date or something by chance? I'm sure the Zeek Theory advocates would love that.
-MarkM-
Well, there's a deadline to present the preliminary liquidation plan for Zeek Rewards to the judge on Oct 8th. Money won't be freed up for disbursement by that date, though. Typically, claims by unsecured creditors aren't even formally verified until assets have been realised and a distribution is imminent. From what I can see, they're trying to get payments made to the family of the principals and to affiliates disgorged. This will likely drag on for years rather than months.
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What he said isn't actually that divorced from reality. It would have sounded better if he'd said something more along the lines "The earliest funds will be available is Oct 12, and once that happens accounts will begin to be repaid. Account holders who file suit against me or BTCST will not be settled until the outcome of the suit has been determined."
Yep. This is what I assume he means too.
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d) Hire a private collection agency.
My understanding of US law in respect of collection agencies is that all one needs to do is demand that they provide proof of the debt and if they are unable to do that within the required time they must cease contacting you - if they don't do that, then they are subject to fines every time they contact you. At this point in time, I'm not sure how easy it would be for people to provide sufficient proof. People ignore debt collectors all the time. The only real leverage debt collectors have is the threat of your credit being damaged, and I doubt pirate is concerned about that at this point.
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if it goes to court what is the possibilities of all three of them having to pay more due to negligence and punitive damages.
"Going to court" in this instance simply means that the court will direct that the company be put into liquidation. This isn't a lawsuit. A liquidator can find that the principals were negligent in their actions and have personal liability in respect of the company's failure, but liquidators cannot commence legal actions unless there is substantial reason to believe that doing so will result in further funds becoming available for distribution to creditors after the costs of any such actions have been accounted for. No liquidator is likely to commence a cross-border legal action against someone who has no substantial assets. Even if this was a lawsuit, awards of exemplary damages are rare in Commonwealth countries. The highest award of exemplary damages I've been able to locate in New Zealand was NZD 85,000. Likewise, costs awards are typically only for about 60-70% of actual costs incurred. Other people can use the liquidator's findings to support lawsuits in other jurisdictions, though, and that will almost certainly happen. For a number of reasons, those lawsuits are going to be complex and costly if actually fought so I wouldn't expect any to go to trial. In semi-related news, Zhou incorporated NameTerrific on 24 August.
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I reckon Pirate has a load of cash and coin at his disposal maybe not the full amount owed but a lot and he just wants to keep it. If he puts all the coin in a brain wallet he could just declare bankruptcy.
Most of it has probably been converted to gold bullion and is in some storage locker(s) spread around the country rented under business names. At least, that's what I would do. Intead I expect that he lost most of the monies, probably in Zeek. He could have been scammed too (with all that stash he made a fat target). In that case I wonder why he just not tell us. Zeek's model involved promoting the fuck out of Zeekler. It seems highly unlikely that if pirate was a Zeek affiliate he wouldn't have been promoting the hell out of Zeekler wherever he had an internet presence.
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I think they made it clear enough they won't sign.Take it to court already, chaps.
This pretty much, really this is probably going to be the first major bitcoin case to get proven in court, depending on how long it takes to get started, if at all. I would be looking forward to hearing a judges interpretation on what bitcoin is. I don't think you understand. All the court will be asked to do is direct that the company be put in liquidation, giving the liquidator the legal authority to take control of Bitcoinica's records and assets.
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I will be traveling to Auckland in mid-October. If anyone's got suggestions about interesting documents to copy from courts, addresses to check, etc., I'm open to suggestions. A relative of mine is licensed as a NZ attorney (I do not know if NZ maintains the barrister/solicitor distinction) - the relative has a full-time job and is not looking for outside work, so I do not see them getting involved in the Intersango/Bitcoinica fiasco, but I don't anticipate we'll have any trouble finding the courthouse, etc.
In Australia and New Zealand, voluntary liquidations are usually conducted without the involvement of the courts - there are statutory bodies which exist to handle them on behalf of the government and the liquidator reports to those bodies. An application to the NZ High Court is required to place a business in involuntary liquidation, so it would essentially become necessary if the parties are unable to agree on and sign a resolution to appoint a liquidator (creditors can also make such an application, but it seems likely that Wendon will do this). Courts do become involved if certain circumstances arise during the liquidation but creditors and shareholders would be made aware of these issues through the liquidators reports. Although creditors are required to lodge their claims within a fairly short time after the business goes into liquidation, the claims are not generally formally processed until the liquidator is in a position to make distributions - so the initial claim form doesn't actually require you to attach evidence of your claim (although you can) but to describe the evidence you have to support your claim.
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I've compiled some updated stats.
There are 1414 very-established users.
You need x ignores for... Warn: 5 Light: 8 Medium: 11 Dark: 15
This list seems pretty reasonable to me. I'm thinking that maybe the threshold for dark highlighting should be moved up, though.
I think all of the thresholds need to be bigger. It's only 3 ignores from light to medium and another 4 to dark. I think there should be at least 5 ignores between each group and maybe even 10.
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Shark Tank is similar to the UK show Dragon's Den, if I'm not mistaken. If so, the investors seek equity in exchange for their investment and they require a lot of hard numbers as well as substantial evidence of any claims. Angel List is probably the internet equivalent for getting real entrepreneurs to invest in things. Those types of investors tend to have a set plan of when they want to exit and how.
Kickstarter and Prosper are probably better places to look if you want lenders who are going to pretty much let you do your own thing so perhaps you should look at their models. Prosper is semi-anonymous.
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I have repeatedly expressed to all parties that I will absolutely cooperate fully with a receiver or a liquidator.
It is genuinely my hope that everybody who is genuinely owed funds will receive as much as possible.
Until I have received competent legal advice on the matter I will not be signing anything presented by Tihan Seale.
Edit: Advice I am actively seeking.
As I'm sure your own lawyer will advise you, it doesn't matter who drafts the resolution. Your own lawyer can draft one. It only needs to state that the parties agree to appoint a specified firm as liquidators and be signed and dated. It's literally a two line statement which follows a standard format. I very much doubt that anyone owed money cares whose lawyer drafts the resolution, but I'm sure people would support your own lawyer drafting it if it means that the liquidation can finally proceed without even more time being wasted by seeking a High Court order.
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Yes, and the exceptional ones, like mine, don't.
What did the real estate agent handling the property you're looking at have to say? How much are the upfront expenses and did you get hold of plans showing all the plumbing, electrical stuff, air-conditioning, load bearing beams, wall studs, etc?
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