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Author Topic: MT GOX has taken my money, is the law on their side? HELP  (Read 1885 times)
zella05 (OP)
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February 14, 2014, 01:37:15 PM
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Hey guys
I have had an ongoing situation with mt gox that has ended with my account being suspended with about 500 USD in it.
I had a mt gox account that I used to buy some BTC. I funded the account with bank transfers from my bank account in the UK to Japan. No problem.
Then a friend of mine, made a bank transfer from his bank account to try and fund my mt gox account. And this is where the problems began.
At some point after the transfer I was unable to log into my account, I thought it may have been hacked. So then I started to email customer service.
My friend who made the transfer to my account owns a company in the UK, so him making the transfer flagged up their money laundering checks.
At the time I did not realise this, so when they started asking me about my company I had no idea what they were on about. I told them I did not own a company. Then they asked me what my connection to the man made the deposit was, I said friend obviously.
Then they asked me for his mt gox account. To which I told them he doesn’t have one.
Then I am told this WTF?:

There is no refund, we are not a bank.As you refused to cooperate and provide necessary documents in order to be compliant with our KYC policy, your account is closed.Best regards,MtGox Team

I didn't refuse to co-operate they were asking me for documentation for a company that I have nothing to do with.

There is no doubt some T&C that says someone cannot deposit on your behalf, but does that really give them the right to seize the money?

And then one of those emails asking how they did for customer service came though, so obviously I told them what a bunch of kundts they are.

If anyone familiar with the AML/KYC legal processes could shed some light on the situation I would be most grateful.

thanks


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DrHerbSmoker
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February 14, 2014, 01:45:59 PM
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no you cant
zella05 (OP)
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February 14, 2014, 01:48:33 PM
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no you cant what?
Lucko
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February 14, 2014, 09:59:33 PM
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You didn't read the rules that you agree to when opening the account. They can do that in your case. You can't use and other account then yours to deposit or withdraw money.... This is to protect agents money laundering. What you and your friend did was that. Intentionally or not... You two might even have some problems from your tax office now if they reported this on...
nanaimogold
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February 15, 2014, 08:34:19 AM
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Replace the word "friend" with "victim" and you will understand better.

Gox will refund to the sending bank account after they hear from that victim. They obviously won't take direction from a scammer.


CrashX
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February 15, 2014, 08:48:05 AM
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You could easily sue them, trying suing them in your country, and send them the complaint.

What Country are you located at?
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February 15, 2014, 12:37:03 PM
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From the latest message, It looks like The service provider has claimed they don't take anything from you.

In the another side, I don't think so. There are conditions on formal terms.
nanaimogold
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February 16, 2014, 05:44:25 AM
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Wow, you guys really don't get it.

The OP wants the money that the "friend" (victim) who owns the business in UK wired to Gox. It's his money.

Gox will not help the OP (scammer) and is waiting for the real owner of the money to step up.

It's a classic "third party fraud".

Kudos to Gox for catching this scam.

CrashX
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February 16, 2014, 08:37:12 AM
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Wow, you guys really don't get it.

The OP wants the money that the "friend" (victim) who owns the business in UK wired to Gox. It's his money.

Gox will not help the OP (scammer) and is waiting for the real owner of the money to step up.

It's a classic "third party fraud".

Kudos to Gox for catching this scam.


They cant catch sh!t.  They got hacked and lost $40mLn and you honestly think they would catch something like this?

And doesn't matter is its scammer, terrorist, and so on,  if MT.Gox can't credit the account with that wire transfer, then MT.Gox needs to returned that wire transfer. Unless they received an Order from the Japanese Government to hold those funds.

Mt. Gox is trying to play Judge and Jury, on deciding what to do with accounts.


If PayPal suspends your account, they will send you a check to you to your mailing address, that you have listed within 180 Days.


Quote
The Financial Instruments and Exchange Act (金融商品取引法 Kin'yū shōhin torihiki-hō?),
The law provides for:
Registration and regulation of broker dealers and their registered representatives
Disclosure obligations applicable to public companies, investment trusts and similar entities
Tender offer rules
Disclosure obligations applicable to large shareholders in public companies
Internal controls in public companies; in this role the law is often referred to as J-SOX, a reference to the American Sarbanes-Oxley Act (SOX).


superduh
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February 16, 2014, 09:52:11 AM
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Wow, you guys really don't get it.

The OP wants the money that the "friend" (victim) who owns the business in UK wired to Gox. It's his money.

Gox will not help the OP (scammer) and is waiting for the real owner of the money to step up.

It's a classic "third party fraud".

Kudos to Gox for catching this scam.


They cant catch sh!t.  They got hacked and lost $40mLn and you honestly think they would catch something like this?

And doesn't matter is its scammer, terrorist, and so on,  if MT.Gox can't credit the account with that wire transfer, then MT.Gox needs to returned that wire transfer. Unless they received an Order from the Japanese Government to hold those funds.

Mt. Gox is trying to play Judge and Jury, on deciding what to do with accounts.


If PayPal suspends your account, they will send you a check to you to your mailing address, that you have listed within 180 Days.


Quote
The Financial Instruments and Exchange Act (金融商品取引法 Kin'yū shōhin torihiki-hō?),
The law provides for:
Registration and regulation of broker dealers and their registered representatives
Disclosure obligations applicable to public companies, investment trusts and similar entities
Tender offer rules
Disclosure obligations applicable to large shareholders in public companies
Internal controls in public companies; in this role the law is often referred to as J-SOX, a reference to the American Sarbanes-Oxley Act (SOX).



i'm pretty sure you pretend to know more than you do.

ok
nanaimogold
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February 16, 2014, 11:00:55 AM
 #11

i'm pretty sure you pretend to know more than you do.

I know nothing more than the OP has described. It's a classic fraud. Rob convinces Mark to send money to pay for something he will never see. Rob then uses that money to fund something else for himself.

I have seen this almost every day for the many years I have been exchanging private currencies.

When the real owner of that money gets suspicious and his banker follows it to Gox, he will get his refund.


zella05 (OP)
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February 16, 2014, 01:45:08 PM
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nanaimogold

If I am a scammer, why would I wan't them to refund my friends bank transfer?
I DON'T want them to pay the refund to MY bank account, or MY mt gox account. I want them to pay the refund to the bank account of my friend, where the seized money came from in the first place.

I couldnt care less what you think, but please entertain the possibility in your mind that I am not a scammer; are you saying that if my friend's bank contacts mt gox's bank in japan asking for a refund they will do it? because as I say, he is my friend, he knew exactly where his money was going and for what, so if I ask him to do this he will be able to. do you think that will get the money back?

for those that suggested it: I doubt my friend will want want to sue them over such a small amount. He is very busy and its probably just not worth it.

Im in the UK btw for the people who were asking.

Thanks again guys
serje
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February 16, 2014, 01:51:42 PM
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Hey guys
I have had an ongoing situation with mt gox that has ended with my account being suspended with about 500 USD in it.
I had a mt gox account that I used to buy some BTC. I funded the account with bank transfers from my bank account in the UK to Japan. No problem.
Then a friend of mine, made a bank transfer from his bank account to try and fund my mt gox account. And this is where the problems began.
At some point after the transfer I was unable to log into my account, I thought it may have been hacked. So then I started to email customer service.
My friend who made the transfer to my account owns a company in the UK, so him making the transfer flagged up their money laundering checks.
At the time I did not realise this, so when they started asking me about my company I had no idea what they were on about. I told them I did not own a company. Then they asked me what my connection to the man made the deposit was, I said friend obviously.
Then they asked me for his mt gox account. To which I told them he doesn’t have one.
Then I am told this WTF?:

There is no refund, we are not a bank.As you refused to cooperate and provide necessary documents in order to be compliant with our KYC policy, your account is closed.Best regards,MtGox Team

I didn't refuse to co-operate they were asking me for documentation for a company that I have nothing to do with.

There is no doubt some T&C that says someone cannot deposit on your behalf, but does that really give them the right to seize the money?

And then one of those emails asking how they did for customer service came though, so obviously I told them what a bunch of kundts they are.

If anyone familiar with the AML/KYC legal processes could shed some light on the situation I would be most grateful.

thanks




I have KYC/AML terms

pm me with an email address and will send you the pdf

Space for rent if its still trending
CrashX
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February 16, 2014, 04:56:57 PM
 #14

i'm pretty sure you pretend to know more than you do.

I know nothing more than the OP has described. It's a classic fraud. Rob convinces Mark to send money to pay for something he will never see. Rob then uses that money to fund something else for himself.

I have seen this almost every day for the many years I have been exchanging private currencies.

When the real owner of that money gets suspicious and his banker follows it to Gox, he will get his refund.




Most good criminals wont use that personal account, they will use a John Doe account to do the wire transfer.  Or they plan to do a Charge back, they will use their personal account.

Never the less, they shouldn't hold it, they should returned it automatically, this remind me what BFL said in a lawsuit somebody file against them.

By Holding the money, they in the process and committing  a crime.

I also do trading Forex, not as much I would want to, but I do trade allot in the Market, mostly DOW and Nasdaq, OC.

CrashX
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February 16, 2014, 05:04:16 PM
 #15

nanaimogold

If I am a scammer, why would I wan't them to refund my friends bank transfer?
I DON'T want them to pay the refund to MY bank account, or MY mt gox account. I want them to pay the refund to the bank account of my friend, where the seized money came from in the first place.

I couldnt care less what you think, but please entertain the possibility in your mind that I am not a scammer; are you saying that if my friend's bank contacts mt gox's bank in japan asking for a refund they will do it? because as I say, he is my friend, he knew exactly where his money was going and for what, so if I ask him to do this he will be able to. do you think that will get the money back?

for those that suggested it: I doubt my friend will want want to sue them over such a small amount. He is very busy and its probably just not worth it.

Im in the UK btw for the people who were asking.

Thanks again guys

You might be scammer, trying to Fu#*ed Gox or the Bank... Which I honestly don't care for  Big Corporation and Big Banks  .. I say Fu*#ed  them as much you can.  Everybody knows they rape civilians on the daily bases. Look at Gox now, they raped so many users and damage Bitcoin in the Public View.


Im not sure how the UK works, but I sure you could filed a lawsuit in the UK, and just send them a Complaint,   If They don't show up, you will win by default.

Make Sure you add CEO,  CFO, and every other Major member to your lawsuit. That way if they ever are in England or UK, you could request for an arrest for a debt and criminal activity.
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February 16, 2014, 05:12:13 PM
 #16

I don't know the law in Japan, but by commom sense(and law) , the law should be on your side. That's misappropriation. But i doubt they or even the justice would give the full balance to you, however they have to give your friends deposit back to your friend. And you get your $500.

That scary that they did not offered such simple solution even if they close your account later. It seems very risky to have money on MtGox.
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