[ANN] PhenixEx Notice

[zackclark70]

now been 3 days and only 1 unconfirmed report of someone getting the coins back

[LittleDigger]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

[smoothie]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

[LittleDigger]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

[Nolo]

A civil suit is the correct response. 

When bASIC owed me money, I threatened Tom with a lawsuit and I was refunded my coins.  I've since threatened Mike with one, and he hasn't refunded my coins.  I guess he doesn't believe I'll follow through.  If anyone wants to provide me with information on Mike and John please feel free.  I have a regular private investigator that I use, but there's no use in paying someone if I can get it from someone that already has it.

[smoothie]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

Good luck with that.

The money alone to go through the courts to get your money back through legal action will likely outweigh the mount of monies you have currently held up at this exchange.

Not to mention FinCEN has already made it clear on what they regulate and oversee. They can't regulate any decentralized currencies. Only the gateways that convert to fiat.

Hence this exchange (to my knowledge) did not convert to fiat, there is no recourse (legally).

Risk vs Reward is not in your favor there. Just my two cents.

[Nolo]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

Good luck with that.

The money alone to go through the courts to get your money back through legal action will likely outweigh the mount of monies you have currently held up at this exchange.

Risk vs Reward is not in your favor there. Just my two cents.

It's a small claims court issue. Only cost about $150 in court costs if you did it all yourself.  If you hired an attorney however, yeah.  Good luck with that.  Although, depending on the information I find out on these two (such as their location), I might be willing to take clients in regard to the issue for a reasonable fee. 

[smoothie]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

Good luck with that.

The money alone to go through the courts to get your money back through legal action will likely outweigh the mount of monies you have currently held up at this exchange.

Risk vs Reward is not in your favor there. Just my two cents.

It's a small claims court issue. Only cost about $150 in court costs if you did it all yourself.  If you hired an attorney however, yeah.  Good luck with that.

On this level of amount of coins and their value I doubt you would get your judgement.

I could be wrong. Perhaps someone would like to take the owner of this exchange up on this.

[Nolo]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

Good luck with that.

The money alone to go through the courts to get your money back through legal action will likely outweigh the mount of monies you have currently held up at this exchange.

Risk vs Reward is not in your favor there. Just my two cents.

It's a small claims court issue. Only cost about $150 in court costs if you did it all yourself.  If you hired an attorney however, yeah.  Good luck with that.

On this level of amount of coins and their value I doubt you would get your judgement.

I could be wrong. Perhaps someone would like to take the owner of this exchange up on this.

It would be easy to obtain a judgment.  They likely wouldn't even show up to defend. And the corporate veil (if anything was incorporated) would pretty much be irrelevant since they are personally keeping the coins.  

The difficulty in these cases always comes in collecting on the judgment.  

You would just have to garnish their paychecks or execute on their bank and freeze their accounts.  

[smoothie]

I have been extremely patient ...I think it's about time this matter was investigated by the proper authorities..

HAHAHA, who are the "proper authorities"?

FinCEN

Unless fiat was sent to the exchange, FinCEN has no jurisdiction over virtual currencies.

I'd approach them anyway, the U.S. courts determining that crypto is money in the case of pirate may mean that they could be of assistance.

Admittly it's a complex issue.

A civil suit would be a much simpler option, and easier to prosecute.

Good luck with that.

The money alone to go through the courts to get your money back through legal action will likely outweigh the mount of monies you have currently held up at this exchange.

Risk vs Reward is not in your favor there. Just my two cents.

It's a small claims court issue. Only cost about $150 in court costs if you did it all yourself.  If you hired an attorney however, yeah.  Good luck with that.

On this level of amount of coins and their value I doubt you would get your judgement.

I could be wrong. Perhaps someone would like to take the owner of this exchange up on this.

It would be easy to obtain a judgment.  They likely wouldn't even show up to defend. And the corporate veil (if anything was incorporated) would pretty much be irrelevant since they are personally keeping the coins.  

The difficulty in these cases always comes in collecting on the judgment.  

You would just have to garnish their paychecks or execute on their bank and freeze their accounts.  

That is what I was getting at. Actually getting your judgement on what is owed.

[LittleDigger]

A civil suit is the correct response. 

When bASIC owed me money, I threatened Tom with a lawsuit and I was refunded my coins.  I've since threatened Mike with one, and he hasn't refunded my coins.  I guess he doesn't believe I'll follow through.  If anyone wants to provide me with information on Mike and John please feel free.  I have a regular private investigator that I use, but there's no use in paying someone if I can get it from someone that already has it.

The first move would be to request PhenixEX.com domain registration information, which although private, the company will release at the registrants expense upon request. It is best if the request is made by an officer of the court.

It is my opinion that there has been a violation of section 408C of the Queensland Criminal Code (fraud). Certainly section 41 of the Extradition Act (Cwth,1988) would apply even although the accused has never set foot in the country, as is the case with the pending extradition of Mr Setser from Los Angeles.

The minium penalty is 5 years imprisionment.

Admittly my training is in environmental law, but I think with a little research, some course of action would make itself apparent.

As for regarding a civil suit, legal fees can always be awarded to the plaintiff by the court. But for me, it's not about the money, it's about the principle.

[Nolo]

A civil suit is the correct response. 

When bASIC owed me money, I threatened Tom with a lawsuit and I was refunded my coins.  I've since threatened Mike with one, and he hasn't refunded my coins.  I guess he doesn't believe I'll follow through.  If anyone wants to provide me with information on Mike and John please feel free.  I have a regular private investigator that I use, but there's no use in paying someone if I can get it from someone that already has it.

The first move would be to request PhenixEX.com domain registration information, which although private, the company will release at the registrants expense upon request. It is best if the request is made by an officer of the court.

It is my opinion that there has been a violation of section 408C of the Queensland Criminal Code (fraud). Certainly section 41 of the Extradition Act (Cwth,1988) would apply even although the accused has never set foot in the country, as is the case with the pending extradition of Mr Setser from Los Angeles.

The minium penalty is 5 years imprisionment.

Admittly my training is in environmental law, but I think with a little research, some course of action would make itself apparent.

As for regarding a civil suit, legal fees can always be awarded to the plaintiff by the court. But for me, it's not about the money, it's about the principle.

That last line you stated is different in the U.S.  In the United States we follow what is referred to as the "American Rule" for attorneys' fees.  Generally, each party pays their own attorneys' fees unless there is a statute that says otherwise.  This is in obvious contrast to other judicial systems in which the loser can much more freely be ordered to pay the winner's fees.

[LittleDigger]

Basically I would have to launch a civil suit in the US, If I did it in an australian court they could make a judgement, but it would not be enforceable.

Under australian law an on-line fraud comes under the juristriction of the police in the state in which the person was defrauded, and as it is a criminal act, the accused can be extradited to that juristriction. Australia has a extradition treaty with the US.

I really think this is the way for me to go, I won't get my money back, but I might get my moneys worth, and I'm more than a little tired of the get rich quick scam ridden environment pervading cryptocurrency.

I'll report it tomorrow, and while it will be up to the police to investigate and decide whether to prosecute, an extradition and some jail time would better the community as it would sober up the "wild wild west" mentality, so I think it's worth giving a try.

[iamatrix]

My time on the computer is limited right now, but i have completed about 60% of the refund requests i have received.
I am currently doing more refunds now. They are being done in the order they are received.

PhenixEx will stay online with the database intact until the domain expires (end of April 2014)

That should be plenty of time for anyone that has coins there to see the notice and request a refund.

to be clear:

In order to get a refund, please send an email with your exchange username, your amount/currency and your wallet address to phenixexrefunds at gmail.com.

This is the only way to get a refund.

So please follow the instructions to get your refunds as soon as possible.

If you would be so kind to post in this thread when you received your coins, it could take away some of the unrest that's there among people who have not received them yet.

[Reaper3]

My time on the computer is limited right now, but i have completed about 60% of the refund requests i have received.
I am currently doing more refunds now. They are being done in the order they are received.

PhenixEx will stay online with the database intact until the domain expires (end of April 2014)

That should be plenty of time for anyone that has coins there to see the notice and request a refund.

to be clear:

In order to get a refund, please send an email with your exchange username, your amount/currency and your wallet address to phenixexrefunds at gmail.com.

This is the only way to get a refund.

So please follow the instructions to get your refunds as soon as possible.

If you would be so kind to post in this thread when you received your coins, it could take away some of the unrest that's there among people who have not received them yet.

I dont get why you did all this work for nothing, with your vision you should be able to start where you left off later on.

[iamatrix]

I dont get why you did all this work for nothing, with your vision you should be able to start where you left off later on.

Just RL issues right now, I need to take a break and sort them.

The best option right now, was to close it and issue refunds. JohnCar knows whats going on, while he is not happy, he understands.

[Hazard]

tldr phenixcoin operators already dumped their premine, thus have no motivation to continue working on the coin.

well done!

[zackclark70]

My time on the computer is limited right now, but i have completed about 60% of the refund requests i have received.
I am currently doing more refunds now. They are being done in the order they are received.

PhenixEx will stay online with the database intact until the domain expires (end of April 2014)

That should be plenty of time for anyone that has coins there to see the notice and request a refund.

to be clear:

In order to get a refund, please send an email with your exchange username, your amount/currency and your wallet address to phenixexrefunds at gmail.com.

This is the only way to get a refund.

So please follow the instructions to get your refunds as soon as possible.

If you would be so kind to post in this thread when you received your coins, it could take away some of the unrest that's there among people who have not received them yet.

you have not refunded 60% of people as I have heard no reports of it happening and my email was one of the first sent to you so unless you are sticking to what you said by sending my coins last you are lying about sending in the order you received emails 

[iamatrix]

you have not refunded 60% of people as I have heard no reports of it happening and my email was one of the first sent to you so unless you are sticking to what you said by sending my coins last you are lying about sending in the order you received emails  

I do not care what you have heard or not heard, and I do not see an email from you, and gmail does not "loose" emails.

Unless your name is Nolo , Chris U, M Friexxx or Micka (first emails received in the first 2 hours) your mistaken.

The order they are received and the coins requested depending on blockchains completed so far.
All wallets were removed from the ISP server and that server data has been destroyed. In the cases where I have personal coins and the chain is not finished, I send from my personal.

In other cases where I know who the person is, I went and bought some and will get mine back when chain is finished (just bought 40K RED) for that.

Please send or "resend" your email.

[DiamondCardz]

tldr phenixcoin operators already dumped their premine, thus have no motivation to continue working on the coin.

Exactly this. Phenixcoin has always been shady, I wouldn't be surprised if it was made solely for the premine profit.