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681  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 10, 2012, 05:22:00 PM
It seems like they're dragging their feets with larger accounts.

That is the impression I got as well (I you check the BTC transfers they are typically in the 2 digit range)

53BTC was returned...only real proove was my passport as i had a verified account

I'm happy for flower1024 but it worries me that they are paying out small claims with poor proof over large claims with solid proof. A lot of small mistaken payouts will still amount to a lot of losses. And genjix was claiming that any mistaken payouts will not be covered (which I find unacceptable btw). So it sucks if you are last in line simply because you had a lot of money there.
682  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 10, 2012, 03:53:36 PM
@mb300sd - You probably want to remove your personal @gmail address from your previous post. Especially if you are expecting MtGox codes to be posted to that address
683  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 10, 2012, 02:48:29 PM

This is ridiculous! I didn't register that email.

The email was not sent by me.

My headers also reference riseup.net which I think genjix uses. So maybe he registered this email under your name? Why did you guys switch from verify@bitcoinica to bitcoinica.reimburse@gmail com anyway? Seems like a step down in security to me since any typo with a gmail account can end up in a typo scammers mailbox.

Quote
MIME-Version: 1.0
Received: by 10.52.72.137 with SMTP id d9mr6770556vdv.122.1340637876065; Mon,
 25 Jun 2012 08:24:36 -0700 (PDT)
Received: by 10.220.34.5 with HTTP; Mon, 25 Jun 2012 08:24:36 -0700 (PDT)
References: <6c998ccf425c93de7c88ff06625246e1.squirrel@fruiteater.riseup.net>
   <CA+f9Yd4B2ZV_QGg=r4+HP89cvDzrcuv_i_wYdrwQ=sLVKfK8Pw@mail.gmail.com>
Date: Mon, 25 Jun 2012 17:24:36 +0200
Message-ID: <CA+f9Yd6pJrBaN5btv8WprJRWcgS1e6JbZzL7FAjYRvRxfeXQTw@mail.gmail.com>
Subject: Re: [Fwd: Re: Claim status request]
From: ryan bitcoinica <bitcoinica.reimburse@gmail.com>

Anyway, keep sending MtGOX codes over plain email. Sounds like a wonderful idea to me. After all my claim is only in the 5 digits. Say what - why don't you just throw the money on the street and I come and pick it up. Sounds secure to me.

Incompetence, Negligence, Willful Ignorance, Inconsistency, It's all here folks. Oh and don't forget to tune in tomorrow for the 2 months celebration of this epic disaster.

684  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 10, 2012, 02:27:37 PM
still haven t received anything..i received this email from ryan bitcoinica:
Hi,

Your claim will take longer to process as we need to build a case for
your account.

no explanation or something..?

Really? I didn't reply to any email regarding the claims. Please check the sender again.

That is funny because I received the following email from 'ryan bitcoinica'

Quote
On Mon, Jun 25, 2012 at 5:15 PM, ryan bitcoinica
<bitcoinica.reimburse@gmail.com> wrote:
> Hello,Your account is marked accurate.

Still have not received a dime back btw. 0. nada. zilch.
685  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 10, 2012, 02:18:58 PM
Do I understand this correctly that the GOX codes are being sent UNENCRYPTED through plain text e-mails?

 Shocked Shocked Shocked

Yes, plain text e-mails.

It's things like this that lead me to condemn these people. They're not that dumb, they just don't give a F***.



Unbelievable. First I have to send all my private data unencrypted to verify@bitcoinica.com, then to bitcoinica.reimburse@gmail.com (gmail.com - seriously!? I could have created bitconica.reimburse@gmail.com, reimburse.bitcoinica@gmail.com etc. to catch all the typo emails from customers if I wanted to). And now they are sending GOX code over plain email?? After being warned by customers not to do this many times? Why are you they not showing the claim codes on the https personal claim page?

686  Economy / Trading Discussion / Re: Putting your money where Pirate's mouth is. on: July 08, 2012, 12:32:57 PM
It's been going strong for almost a year.

Madoff had been going strong for 38 years (1970-2008). Of course he was only providing ~16.3% ROI per year. At the rate pirate is going he will run into the walls of reality a bit faster than that. Greed is rarely a good adviser. In general you should be very skeptical about anything that promises >7% return per year. Risk and reward go hand in hand. Just because you see some numbers on a screen, and you like what you see does not make it real.

Quote
Three great forces rule the world: stupidity, fear and greed.
--Albert Einstein

Seems like pirate is catering to at least two of these. Of course - There is always the chance he could be a 'genuis' and really cares about helping his clients make tons of money out of the kindness of his heart. Yarr!
687  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 08, 2012, 11:25:17 AM
I'm also still at 0.

The last communication I received was on June 28:

Quote
It says the account is legitimate: "The info provided is legit."

I think though it is a lot of money, so probably we want to be triple sure before making a payout (in case it is done mistakenly).

What comes after triple checking? quadruple checking? I have not given my consent to Bitcoinica to hold on to my deposits after the closure of the trading platform almost 2 months ago now. Will Bitcoinica honor their own ToS?

Quote
[7] Obligations of Bitcoinica

Bitcoinica will use best efforts to supply you with the information and technical means to use its Services in a twenty-four-hour mode of operation. To the best of its abilities, Bitcoinica will fulfill all your trading orders, keep the register of your orders and of their fulfillment, and provide you with necessary extracts upon your request. Bitcoinica shall provide the following online reports:
Open Positions: Report presenting the account's open transactions.
Account Statement: Report presenting the account's balance at a given point of time.

Clearly Bitcoinica is unable to fulfill these obligations. The question is what 'Best effort' actually means. I would like to see online report representing my balance at this point in time.

Quote
[12] Limitation of Liability

IN NO EVENT SHALL BITCOINICA, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EXCEPT AS STATED IN THIS AGREEMENT. THE LIABILITY OF BITCOINICA, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY PROVEN CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT AT BITCOINICA IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY. In the case where you make funds available for trading via a voucher, "coupon code", or similar from another financial service, banking institution or exchange, you acknolwedge that you are providing Bitcoinica access to those funds for trading purposes only and that the originating financial institution is the holder of such deposits. Bitcoinica is not liable for any loss if such institutions fail in honoring withdrawal of customer funds.

Basically it states Bitcoinica liable for the amount of money customers deposited and should return this in full. I don't think Bitcoinica can penalize legit account holders for incorrect payouts they made to others in mistake. The question here is what 'PROVEN CIRCUMSTANCE' means. Is the burden of proof on the company or the customer? I would argue that this is primary Bitcoinica's responsibility. Bitcoinica is treating all customers as potential 'malicious agents' and treating any claim evidence as possibly faked.

The other interesting tidbit here is that when you provide funds using vouchers (e.g. MtGox claim codes), the originating institution will remain the holder of those deposits. So maybe I should ask MtGox for my Bitcoinica deposits back Wink

Quote
[16] Company's rights

Bitcoinica reserves the right to suspend the operation of this site or any part or sections of it. In such an event, Bitcoinica may, at its sole discretion (with or without notice), close out the customers' open trades at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto. Bitcoinica may, at its sole discretion, impose volume or other limits on Customer accounts.

Clearly Bitcoinica exercised this right as Bitcoinica has been suspended for almost 2 months now. It also appears that the closing price is non-negotiable. (fine with me, since I did not have open positions anyway)

Quote
[18] Technical Problems

You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Web site. Bitcoinica shall not be liable, and you agree not to hold or seek to hold Bitcoinica or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.

Does the liability in this clause only apply to 'web site access' or also extend to liability for customer deposits and withdrawals?

Quote
[21] Governing Law; Arbitration and Court Jurisdiction

...If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties recognize electronic and magnetic recordings as evidence when settling disputable matters...

...Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Bitcoinica may elect to resolve the dispute through binding arbitration conducted in person, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered in accordance with New Zealand law or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties.

The ToS gives customers the right to resolve claims of <10K through a Dispute Resolution Provider in NZ. Yet Bitcoinica did not register with a DRS. Has any customer made use of this kind of service. If so how? What options are available for claims > 10K?
688  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 05, 2012, 09:43:13 PM
I have a PLAN B.

I hope that plan does not involve trolling, but I doubt it.
689  Economy / Securities / Re: BS&T -- Are you staying or leaving? on: July 05, 2012, 07:41:28 PM
Haven't followed the entire thread but a 3300% ROI per year from some guy named pirate? Sounds legit to me! Where do I sign up?

Quote
pirating
present participle of pi·rate (Verb)
Verb: Rob or plunder (a ship).

Welcome to bitcoinland kiddo! I've got a bridge to sell you.
690  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 03, 2012, 11:55:54 PM
> Who is truly in charge, and more importantly, what business entity has taken on the legal responsibility for the fiduciary responsibility of all of the many tens of thousands of dollars in value you hold in trust?

Based on government records, Bitcoinica Consultancy Ltd is the General Partner of Bitcoinica LP. AFAIK the owners of Bitcoinica Consultancy Ltd are Donald, Patrick and Amir (or possibly Bitcoin Consultancy Ltd). Tihan is a representative of an investment group, which is the Limited Partner. He is never in charge of the company after the corporate reorganization.

See, I'm not so sure about that. Take the following quote for example:

Now the thing is that for payments to be processed, we need legal authorisation from the person in charge. Tihan denies being in charge, which means his parent company (Core Credit) has to authorise the payments. However Tihan is saying we don't need that.

This seems to indicate that BICOINICA CONSULTANCY is the GP (Intersango guys) and CORE CREDIT the LP (Tihans fund)

However a few weeks after the hack, on May 30 this happened:

Quote
New Company Name BITCOINICA CONSULTANCY LIMITED
Previous Company Name CORE CREDIT LIMITED
Effective Date30 May 2012 12:56:36

The original Bitcoinica Consultancy was withdrawn from government records and Core Credit became Bitcoinica Consultancy (See: http://goo.gl/Lch6E). So who is the GP now? Sure it is still Bitcoinica Consultancy but it appears that behind the curtain there has been a change of guard. Please correct me if I am wrong.

I asked Donald about this over skype 2 weeks ago but he could not answer the question due to the NDA he is under. And other Bitcoinica LP members have largely ignored the issue. e.g:

But it does not matter who is legally in charge right now as the way forwards is clear and everyone is in agreement about what needs to be done. We will make the payments, we now have consolidated all the records and the money.

So it would be good to get an official answer on the question LoupGaroux posed earlier: "Who is truly in charge, and more importantly, what business entity has taken on the legal responsibility for the fiduciary responsibility?"  
691  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 03, 2012, 08:11:14 PM
I agree with Transisto.

With great challenges come great opportunities - If you are able to fix this difficult situation (no db, dysfunctional organization) to your customers satisfaction, then it will only bolster your reputation. After all, you have been one of the few people willing to stand up and take the dirt from the public, who are understandably angry. Please don't take angry posts personally: In the end it is just business and people want to see their money back. Nothing more, nothing less. So please talk business and act business, that is all that is required here. No need to go on personal witch hunts.

That said... Genjix - you *do* realize that your profile on http://www.couchsurfing.org/people/genjix states:

Quote
occupation:    bullshit specialist

;)
692  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: July 03, 2012, 07:48:33 PM
There's something with Tihan going on, but I am not following that because it's unneeded drama for me - it seems he got fired, although I'm not sure for what.

Who replaced Tihan as the point of contact for the Limited Partner?

We had to sort out the legal issues with Tihan (who has legal control over the funds)

Who now has legal control over the funds?

USD payments are slower since Donald doesn't have direct access to them (goes through a second person).

Who is the second person?

20:48 <phantomcircuit> wendon bought bitcoinica in like october and knew immediately that there were problems

Who is Wendon? What is his role in Bitcoinica LP?

20:49 <phantomcircuit> when we got involved in what was it like march? they had been operating for months without a major overhaul
20:50 <phantomcircuit> the paperwork was wrong and tihan was rushing because i think he realized how fucked the situation really was

If you guys new things were fucked up from the start, then why you did you mislead the general public with posts like these:

http://bitcoinmedia.com/first-licensed-advanced-trading-platform-for-bitcoin/

Quote
depositors can also make a sizable return on investment in the form of interest. The current yearly interest on Bitcoinica for Bitcoin deposits is over 6 percent.

Encouraging people (like me) to put their deposits in Bitcoinica while at the same time you guys knew that things were seriously fucked up is not a moral or ethical thing to do. Also this post made by Donald gave the impression you guys were in control and that the transition had been completed.

Mistaken payments will not be refunded (hence the 50% first solution).

Unacceptable. Basically you are saying: If we make a mistake you pay for it. I did not read this in the Bitcoinica Terms of Service that I agreed to.
693  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 30, 2012, 10:36:05 AM
13 June 15:00: Initial payouts have been made to verified people for 50% of their claim.

Can we please get an update with some real factual data? The last one was made half a month ago. And so far all we know is that ~5% of the smaller accounts got 50% of their BTC balance back and 0% of their USD balance.

By now you guys should have a concrete plan containing WHO/WHAT/WHEN/WHERE/WHY/HOW. Please communicate it to your customers. Update the individual claim pages with verification status and expected payout dates and percentages. If the strategy is to solve the problem by dragging this out hoping customers will forget and go away then you are mistaken.

I was one of Bitcoinica's largest customers. I have extended you my continued patience and trust to sort this out. Now after 50+ days of inaction you have degraded me to practically having to beg for my *own* money back. Well done. Top notch customer service indeed.  

Oh, and Tihan - Can you please nullify the NDA you have with the Bitcoin Consultancy guys? We need to move forward beyond words and empty promises. We need meaningful action & full transparency. It is clear that Bitcoinica LP was (and still is) completely dysfunctional. This is not how you run a professional operation.
694  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 28, 2012, 08:40:01 PM


49 days later... still looking at a big fat 0

I felt like a fool for trusting Bitcoinica with my money & I still feel like a fool for trusting Bitcoinica to refund my money.

I am not a small customer (5 digit USD currency account, 4 digit BTC currency account). I kept my own records. And most of it should be really easy to verify. For example I wired 10K USD to their CORE CREDIT bank account in NZ that cleared on May 09, 2012. No positions. Why do I have to put up with all this 'soon' nonsense when Patrick, Donald and Zhou have confirmed my claim is accurate weeks ago?
695  Bitcoin / Bitcoin Discussion / Re: [Warning] New Phishing email "MTGox Security Update Notification" on: June 25, 2012, 10:33:35 PM
Yup, just received that email 10 minutes ago. Thanks for the heads-up! :)

It could be either from the MtGox db, or the perhaps Bitcoinica db that was recently compromised?

If you received it in your gmail account, please report this email as phishing (more > report phishing).
696  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 24, 2012, 08:11:33 PM
However there will be honest people who are mistakenly classified as fake and not repaid back. Or others who get paid back less.

I don't think customers that know for a fact that their claim is correct will accept this, nor should they.

Sounds to me that there will have to be an 'Appeals' process in the near future if this will be the case.
697  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 24, 2012, 02:41:20 PM
There are some accounts marked accurate but they aren't immediately paid because the balance is so large.

Ah, so verified accounts with large balances need to be verified verified?

I have sent in all my wire transfer IDs, MtGox claimcode IDs, BTC transfer IDs, Bitcointalk ID, Emails, AML documentation, Screenshots, etc. I had no positions. Anything else you need?

It could be a devastating blow if a large amount is paid erroneously, so those accounts require more checking.

Fine, but it basically sounds like you are sending your largest customers to the back of the line. Even in the face of overwhelming proof from their side.

If you can guarantee that Bitcoinica is able to meet *all* valid claim requests in full (no matter the size) I can deal with that. I'm not asking for the interest I've been missing out on for the last 6 weeks, just my balance back as it was on May 11. At least provide customers with an approximate date on which you expect payments to be made.

Note: I'm not angry at genjix in particular (I think he is doing a great job) but at Bitcoinica in general and the way they have been handling this situation.
698  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 23, 2012, 09:15:26 PM
On June 10 I got a message stating:

Quote
Your claim has been reviewed and deemed accurate

However I have not seen a single cent returned to me. Nor have I received any response to my more recent claim update request. I am getting really tired of this waiting game.

699  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 18, 2012, 01:10:24 PM
Bitcoinica can just pull that info from their account history on mtgox, no need to get them involved in any way.

Ah, that actually makes sense. I did not consider that. Thanks!
700  Economy / Service Announcements / Re: [Payout Updates] Bitcoinica site is taken offline for security investigation on: June 18, 2012, 12:58:10 PM
Why is Bitcoinica not working closer together with other services that have been used to deposit or withdraw funds (e.g. MtGox) as part of the claims validation process?

Yesterday I asked MtGox if they were approached by Bitcoinica regarding verification of MtGox claimcodes on Bitcoinica, but apparently this is not the case:

Quote
Thank you for contacting us. Here are the answer to your questions:

1. Only our management group can view where the Mt.Gox Redeemable codes were redeemed, but it is possible.
2. No, we have not been approached by any Bitcoinica LP or its employees.
3. We are not currently collaborating with Bitcoinica LP on this matter

I guess many customers have sent in their MtGox codes that they claim have been used to fund their Bitcoinica account. Wouldn't it make sense to run those by MtGox to confirm they have actually been redeemed with Bitcoinica and not some other service?

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