very_452001 (OP)
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February 24, 2021, 10:55:29 PM Last edit: February 24, 2021, 11:17:13 PM by very_452001 |
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Hello, Poloniex said that they credited/deposited my account with coins by mistake ![Huh](https://bitcointalk.org/Smileys/default/huh.gif) Lets say Poloniex credited my account with over 1000 Bitcoins and a day later I withdrew them and liquidated them elsewhere and bought other coins with it because I assumed it was a free airdrop or reward in my account or whatever promotion I see all the time on exchanges because I see free air drops of new coins in my other exchange accounts few times a year so I assumed these new coins in my Poloniex account are legally mine. I'm from UK and Poloniex is in USA I believe. Poloniex saying they will get authorities involved ![Angry](https://bitcointalk.org/Smileys/default/angry.gif) What is Poloniex Terms of service/User Agreement regarding coin deposits and legally speaking who is liable for what if this turns into a civil legal matter?
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chaser15
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February 24, 2021, 11:44:01 PM |
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They already said that they deposited an amount by mistake so what's your point? Do you really want to trade the funds knowing you received them by mistake and Poloniex in this case admitted their mistake right away? Only spend it if no one claimed it or the notice by Poloniex is late before you withdrew it. About your example, give us some examples of airdrops that you can use an exchange address to participate in. Mostly, an address needed in airdrop should be control by you. So that's not a mistake I believe they have a bad intention about giving you 1000BTC.
I think that's just an example and OP didn't mention exactly the coin he received.
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very_452001 (OP)
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February 24, 2021, 11:44:19 PM |
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I fully verified on there back in 2017. Yes coins have been withdrawn. What can they do to me? What power they have?
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Oilacris
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February 24, 2021, 11:56:15 PM |
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I fully verified on there back in 2017.
Yes coins have been withdrawn.
What can they do to me? What power they have?
If its their mistake then its a loss for them since its just normal for you to pull off those coins as it should be and now asking to give it back? Its up to you if you would really follow it through but how in the world would you consider such stuff? Cherish those coins you do had. ![Grin](https://bitcointalk.org/Smileys/default/grin.gif)
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very_452001 (OP)
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February 25, 2021, 12:47:23 AM |
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I fully verified on there back in 2017.
Yes coins have been withdrawn.
What can they do to me? What power they have?
If its their mistake then its a loss for them since its just normal for you to pull off those coins as it should be and now asking to give it back? Its up to you if you would really follow it through but how in the world would you consider such stuff? Cherish those coins you do had. ![Grin](https://bitcointalk.org/Smileys/default/grin.gif) Yes they asking for them back threatening me.
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hugeblack
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February 25, 2021, 08:39:28 AM |
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I'm from UK and Poloniex is in USA I believe.
Several days ago Citigroup loses bid to recover $500m sent to funds by mistake [1]. Generally, unless you withdraw currencies from your account, according to terms of use, they can freeze your account and stop the payments. Withdrawing huge sums from a hot wallet is not easy, your account will be frozen and make sure that all payments are correct, so the probability of withdrawing 1000 BTC that was sent to you by mistake is zero. Also, many platforms tighten withdrawals to ensure that your account has not been hacked. So hypothesis for a huge amount has 0% odds. As for the small sums, they can hire a lawyer and take it back. ![Tongue](https://bitcointalk.org/Smileys/default/tongue.gif) [1] https://www.ft.com/content/de433d55-5cea-4929-9954-c08e5b98f004
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very_452001 (OP)
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February 25, 2021, 07:16:34 PM |
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I'm from UK and Poloniex is in USA I believe.
Several days ago Citigroup loses bid to recover $500m sent to funds by mistake [1]. Generally, unless you withdraw currencies from your account, according to terms of use, they can freeze your account and stop the payments. Withdrawing huge sums from a hot wallet is not easy, your account will be frozen and make sure that all payments are correct, so the probability of withdrawing 1000 BTC that was sent to you by mistake is zero. Also, many platforms tighten withdrawals to ensure that your account has not been hacked. So hypothesis for a huge amount has 0% odds. As for the small sums, they can hire a lawyer and take it back. ![Tongue](https://bitcointalk.org/Smileys/default/tongue.gif) [1] https://www.ft.com/content/de433d55-5cea-4929-9954-c08e5b98f004Its not bitcoins but an altcoin that is worth about around $5k now. I was giving bitcoins as an example. Have I violated Poloniex User Agreement in their User Agreement? Can a exchange reverse transactions with cryptocurrency? For example if I withdrawn coins to Bittrex from Poloniex, can poloniex reverse the transaction a couple of weeks later after withdrawal or do they have the legal right to liaise with Bittrex exchange to get them to recover or liquidate my assets on Bittrex to cover their mistake? Can a exchange find out which wallet or exchange it went to by looking at the blockchain explorer?
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i_am_viral
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February 26, 2021, 06:03:10 AM |
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If I was you I'd use their own dirt against them, perhaps this a gift from God but not unconditional, when they come asking for the money back refer them to one of their clients who's money the have stolen and ask them if the case has been resolved.
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dkbit98
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February 26, 2021, 01:32:40 PM |
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I'm from UK and Poloniex is in USA I believe.
Wrong. Poloniex is not from USA and I think Justin Sun better known for tron, owns it now after ownership change or he is surely heavily invested in it. I don't think they are scam, but they are not fully regulated and I don't fully trust any centralized exchange so I am not surprised with anything involved with them. You should prove here with some screenshots how they made threats to you, but in theory they can always play the terms card if they want. Few days ago one exchange PDAX sold customer Bitcoin for 6k by mistake and now they are asking it back just because they can, and there is nobody to stop them. That is the risk of using exchanges.
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JeromeTash
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February 26, 2021, 02:16:07 PM |
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If it's a huge amount they can try to use authorities to track you down with the help of your KYC details you have with them. I don't know which kind of coin/token you are talking about here. Tokens like USDT can be frozen in whatever address they have been sent to. It's just a matter of contacting the USDT team.
They can also contact exchanges to which you sent tokens to and request them to block your accounts
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very_452001 (OP)
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February 26, 2021, 05:01:33 PM Last edit: October 24, 2021, 06:33:55 AM by mprep |
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I'm from UK and Poloniex is in USA I believe.
Several days ago Citigroup loses bid to recover $500m sent to funds by mistake [1]. Generally, unless you withdraw currencies from your account, according to terms of use, they can freeze your account and stop the payments. Withdrawing huge sums from a hot wallet is not easy, your account will be frozen and make sure that all payments are correct, so the probability of withdrawing 1000 BTC that was sent to you by mistake is zero. Also, many platforms tighten withdrawals to ensure that your account has not been hacked. So hypothesis for a huge amount has 0% odds. As for the small sums, they can hire a lawyer and take it back. ![Tongue](https://bitcointalk.org/Smileys/default/tongue.gif) [1] https://www.ft.com/content/de433d55-5cea-4929-9954-c08e5b98f004On what grounds did Citigroup lose on?
I'm from UK and Poloniex is in USA I believe.
Wrong. Poloniex is not from USA and I think Justin Sun better known for tron, owns it now after ownership change or he is surely heavily invested in it. I don't think they are scam, but they are not fully regulated and I don't fully trust any centralized exchange so I am not surprised with anything involved with them. You should prove here with some screenshots how they made threats to you, but in theory they can always play the terms card if they want. Few days ago one exchange PDAX sold customer Bitcoin for 6k by mistake and now they are asking it back just because they can, and there is nobody to stop them. That is the risk of using exchanges. Where is Polo based? You mean the customer is asking for the bitcoins back?
If it's a huge amount they can try to use authorities to track you down with the help of your KYC details you have with them. I don't know which kind of coin/token you are talking about here. Tokens like USDT can be frozen in whatever address they have been sent to. It's just a matter of contacting the USDT team.
They can also contact exchanges to which you sent tokens to and request them to block your accounts
Is around $5k a huge amount for them? When you say authorities do you mean something illegal has been committed? I don't see how this becomes a criminal law matter unless they can prove the coins were stolen or something right? This should be a civil legal matter if Polo wants to chase it up legally so what is this authorities tracking me down like a criminal for a mistake they admitted they done? [moderator's note: consecutive posts merged]
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JeromeTash
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February 26, 2021, 09:19:06 PM |
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Is around $5k a huge amount for them?
I don't work for them, so I don't know what is a huge or small amount for them. When you say authorities do you mean something illegal has been committed? I don't see how this becomes a criminal law matter unless they can prove the coins were stolen or something right? Well if you feel there was nothing bad about withdrawing something that was not initially in your account, then I don't see why you are worried/scared.
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LeGaulois
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February 26, 2021, 09:34:13 PM |
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Legally they can do almost nothing and the fact they're located in abcd country is not going to change something.
You acquired the coin legally, and I mean without interfering with the system illegally, abusing the engine, an attack, exploit, or whatever you can think about. You also didn't violate their user agreement. You literally did nothing wrong. it's just a question of morality to refund the coins.
They are solely responsible for the loss since it was a mistake on their part and legally it is up to them to repair the damage caused. The message they sent you is to scare you and put pressure on you. It's like the bailiffs
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Botnake
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February 26, 2021, 09:45:07 PM |
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Just don't get scared with that authorities bluff as they can't do anything to force you return the coin you already have withdrawn, you assume it's an airdrop before you knew it was mistakenly credited and the coin has already been spent, so it's not anymore possible to return the who amount of bitcoin you get.
That's what happen when a site has a lot of glitch sometimes it does not favor the traders sometimes it does, you are lucky to in your situation. However, it's up to your conscience if you think what you do is wrong, then you have to correct but legally, there's no obligation.
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very_452001 (OP)
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February 26, 2021, 10:28:39 PM |
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Poloniex froze my account threatening they will liquidate my coins if I don't return the tokens.
I got about 2000 MAID tokens still on there and also about 1000 USDT. They cant liquidate a stable coin but can they take it?
Can they legally do this and get away with it?
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pugman
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February 26, 2021, 11:40:48 PM |
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Poloniex froze my account threatening they will liquidate my coins if I don't return the tokens.
I got about 2000 MAID tokens still on there and also about 1000 USDT. They cant liquidate a stable coin but can they take it?
Can they legally do this and get away with it?
Well legally or not, Poloniex has blocked a user's access to his/her coins in the past and I wouldn't be surprised if they do so in the future as well. If the money you withdrew is larger than what you currently have on poloniex, you have the bigger hand. If you want to get that money, there is one way: legal methods. My advice: not worth it. There will immortality for humans before poloniex unfreezes your account. Lost cause. P.S. Your title is funny.
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malevolent
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February 26, 2021, 11:59:33 PM |
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Poloniex froze my account threatening they will liquidate my coins if I don't return the tokens.
I got about 2000 MAID tokens still on there and also about 1000 USDT. They cant liquidate a stable coin but can they take it?
Can they legally do this and get away with it?
In practice they can, just how you can get away with not returning the $5k worth of altcoins. $5k – 1k USDT – 2000 MAID > 0. Legally, depends on your country's laws. Probably just a civil matter if it occurred as you're describing it, so probably not worth it to them unless maybe you're not the only person they 'airdropped' to, especially from the same country.
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Darker45
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February 27, 2021, 01:41:11 AM |
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First and foremost, I am not a lawyer. Neither have I studied criminal law. But I am almost 100% certain that you are criminally liable if you are spending money which is not yours. In your case, you are very much aware that the funds are not yours. You have been sufficiently informed that a certain amount is erroneously deposited to your account and that you should send it back to the sender. Knowing all this, you still decided to ignore all of it and, worse, withdrew the said funds to another wallet. That, my friend, is theft!
Now, whether Poloniex will run after you on the basis of that relatively small amount or not, I can't tell. If you abandon your Poloniex account for the sake of the funds wrongly sent to you, you are still a net positive. But if you are a verified user of Poloniex, I'm afraid they can easily make a move against you, so be wise and weigh the risks.
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Theb
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February 27, 2021, 03:39:57 PM |
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That still counted as theft on how you proceeded with the mistaken deposit to your account. No matter how you twist the story as long as the deposit credited to you is not done by yourself or with your money it will be considered as theft it is as simple as that even if you made up excuses that you thought you won something from a promo you didn't know you participated in you will be charged with theft as the action is what they are basing it with. So if you go into the route of making an excuse you must show some good faith by returning the money you thought you have won and this is the only solution I am seeing right now for you to get out of any possible criminal charges.
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