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CoinFLEX’s Creditors Sue CEO and OPNX in Legal Dispute

Policy & Regulation·October 27, 2023, 2:50 AM

Creditors of Seychelles-incorporated crypto platform CoinFLEX have taken legal action against its CEO, Mark Lamb, alleging that his involvement in launching the claims trading platform OPNX violated his fiduciary duties to CoinFLEX.

Photo by Sasun Bughdaryan on Unsplash

 

Dissatisfied CoinFLEX creditors

According to the civil action, which was filed in a Hong Kong court earlier this month, they view OPNX as a competing business to CoinFLEX. The lawsuit also implicates CoinFLEX investor Roger Ver.

Lamb joined forces with Su Zhu and Kyle Davies, the founders of the now-defunct Singaporean crypto hedge fund Three Arrows Capital (3AC), to introduce a platform for trading bankruptcy claims, initially named GTX (later rebranded as OPNX). CoinFLEX co-founder Sudhu Arumugam also backed the project, with Leslie Lamb, Mark Lamb’s wife, installed as CEO.

Lamb and CoinFLEX defended the project, claiming it would enhance transparency in financial markets and benefit CoinFLEX creditors. However, creditors argue that Lamb’s actions indicate a strategic move to distance himself and his associates from CoinFLEX. With that, they’re seeking to prevent him from representing CoinFLEX in the future.

 

Complaint details

The creditors of CoinFLEX assert that OPNX was not authorized by CoinFLEX’s board or creditors and that Mark Lamb independently appropriated CoinFLEX’s intellectual property, technology, customer base, and employees to create the claims exchange.

They accuse Lamb of entering into a harmful licensing and purchase agreement with OPNX’s parent companies, Open Technologies Holding LTD and Open Technology Markets LTD. Through their lawsuit, the creditors are aiming to nullify these agreements and place OPNX’s assets and profits into a trust.

 

OPNX’s struggles

OPNX has faced difficulties from the point at which it was launched. While Zhu and Davies were once leading figures in the digital assets space, their reputations have been severely tarnished due to the manner of the 3AC collapse and its profound impact on the broader crypto market.

In April the platform confirmed backing from various venture capital (VC) entities only for many of the VCs to turn around and deny any such involvement with the project. Having issued an investor and marketplace alert in relation to the firm in April, a short time later the Virtual Asset Regulatory Authority (VARA) in Dubai issued a formal reprimand to the business' founders.

VARA followed up in August, applying a $2.7 million fine. OPNX had entered a bid for troubled Singaporean crypto lender Hodlnaut as part of that business restructuring process. The offer was turned down on the basis that the deal involved OPNX’s native OX token, which was deemed to be far too illiquid. A short time later, the OX unit price plummeted.

Zhu was arrested in Singapore last month in connection with non-compliance related to 3AC’s bankruptcy, while Davies’ whereabouts remain undisclosed.

CoinFLEX’s creditors also accuse Lamb of reaching a settlement agreement with Roger Ver, known as “Bitcoin Jesus.” Ver was one of CoinFLEX’s initial investors but later became entangled in a dispute over an $84 million debt he allegedly incurred on the platform due to market volatility. The lawsuit seeks to recover any benefits Ver received from the settlement.

On X, a user called @CoinFLEXReal suggested that it has uncovered evidence that Lamb, Zhu, and Davies “used creditor assets as their personal piggy bank.”

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