Any way to sue Mtgox?

[frojoe]

Is there away to file a report/sue mtgox? I was transferring funds from mtgox to dwolla and then their dwolla account was seized. Dwolla shows cancelled. Mtgox still shows processed. Iv email both mtgox and dwolla. Dwolla said its all up to mtgox to give me my funds back. Mt gox still tells me 2 months later they are working on it. Im so fed up with their crap and not resolving my issue. Anyone have an idea? It is $1500 that they have of mine. Not just is sueing is even worth it if it can be done. All input welcome

[frojoe]

bump

[01BTC10]

Maybe try suing the DOJ instead.

[relm9]

I was in a similar situation and contacted them right after the news broke out, they refunded my account within a day. Not sure what to tell you.

[bassjoe]

The money was seized by the DHS and probably placed into some sort of trust account (ironically, it may still be sitting at the same bank it was seized from). I don't think DHS ever claimed that was Mt.Gox's money; only that it was money being illegally transmitted by Mt.Gox for US customers.

As such, the DHS should set up a process for Mt.Gox customers to claim the money seized. Mt.Gox no longer possesses the money so you can't sue Mt.Gox to get your money returned (really, what could a judge force them to do?). You MAY be able to sue them for violating the terms of service, not having the proper licenses and thus making you go through the pain of claiming your money from the government but the company is based in Japan so... good luck with that.

Mt.Gox may be willing to refund the money seized -- as someone on this thread claimed happened to him -- but that's completely up to them.

[CompNsci]

What is the jurisdiction for such a case against Mt. Gox. What do their terms of service say?

If you have to sue them in Japan, it will take a long time to get a judgement, and then good luck collecting.

I would think the strategy of starting to call them on the phone every day, and if necessary, twice a day, until you get your money back may be the most likely to obtain a result.

[coinprize]

If you can't stand the delay anymore,
You can sue MT.gox.

But you are not suggested to do so.

My suggestion is that you keep contacting
their service team until they settle the problem.

For MT.gox, the change from Dwolla is unforeseen.

Leave their feedbacks here.
So that we can pay close attention to your problem.   

[gadman2]

Yes, pay a lawyer 400$ per hour to get 1500$ back.

[DeathAndTaxes]

The money was seized by the DHS and probably placed into some sort of trust account (ironically, it may still be sitting at the same bank it was seized from). I don't think DHS ever claimed that was Mt.Gox's money; only that it was money being illegally transmitted by Mt.Gox for US customers.

I believe the funds have not been seized yet, only frozen.  I know the media uses those terms interchangably.  Frozen means the funds are still in the account but bank is prohibited by court order from allowing any deposits or withdrawals of any kind.  You can get funds frozen with just a warrant. Seizure generally a civil lawsuit and verdict (or pre-trial settlement).

If DHS eventually does seize the funds it will be put into a fund where in theory victims will be able to file a claim.  Any cost of managing that fund (which may run into the millions of USD) will be deducted from the fund before any proceeds are paid.  As for getting the funds in a timely manner.  I had funds @ Full Tilt Poker (along with millions of other victims totally $300M?) when their accounts (not in US banks BTW) were frozen were frozen.  After FTP accepted a settlement with DOJ, the funds were seized as part of that settlement.  That was 3? years ago.  To my knowledge not a single penny has been returned yet.

[zebedee]

The money was seized by the DHS and probably placed into some sort of trust account (ironically, it may still be sitting at the same bank it was seized from). I don't think DHS ever claimed that was Mt.Gox's money; only that it was money being illegally transmitted by Mt.Gox for US customers.

I believe the funds have not been seized yet, only frozen.  I know the media uses those terms interchangably.  Frozen means the funds are still in the account but bank is prohibited by court order from allowing any deposits or withdrawals of any kind.  You can get funds frozen with just a warrant. Seizure generally a civil lawsuit and verdict (or pre-trial settlement).

If DHS eventually does seize the funds it will be put into a fund where in theory victims will be able to file a claim.  Any cost of managing that fund (which may run into the millions of USD) will be deducted from the fund before any proceeds are paid.  As for getting the funds in a timely manner.  I had funds @ Full Tilt Poker (along with millions of other victims totally $300M?) when their accounts (not in US banks BTW) were frozen were frozen.  After FTP accepted a settlement with DOJ, the funds were seized as part of that settlement.  That was 3? years ago.  To my knowledge not a single penny has been returned yet.

The anatomy of a scam.

[ronaldlee0917]

Contact FSA in Japan or SEC in US. Hopefully, one of them might help you get back your fund.
For details, refer to this post: https://bitcointalk.org/index.php?topic=179586.msg2896556#msg2896556

[CompNsci]

My suggestion is that you keep contacting
their service team until they settle the problem.

For MT.gox, the change from Dwolla is unforeseen.

Leave their feedbacks here.
So that we can pay close attention to your problem.   

I agree that this is likely to be the most useful approach.

[tempestb]

Don't send them angry emails threatening to sue them.  More than likely some guy who does not own the company and works for peanuts is going to receive your email and try to figure out what to do with it.  I would be nice, explain the situation, and ask for some assistance in reclaiming your funds.  Maybe tell them you were trying to buy a wheelchair for your dying grandmother. 

My guess is that gox is dealing with American bureaucracy.  Rather than just paying a fine and carrying on, they now have to wait for various paper forms to be transferred back and forth and have the Government make decisions regarding compliance all on their timeline.  I wouldn't be surprised if this takes YEARS for them to straighten out.  Meanwhile, sites like CampBX are using Dwolla and it's business as usual.  Probably because they are compliant.

Just email them every day and be nice and hopefully you'll get someone that will help you.