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CoinFLEX founder: creditors not to interfere with OPNX

Web3 & Enterprise·November 25, 2023, 1:52 AM

Mark Lamb, the co-founder of failed crypto derivatives and yield platform CoinFLEX, has asserted that creditors of the company cannot interfere with OPNX, a Seychelles-incorporated company that Lamb has co-founded with Kyle Davies and Su Zhu, the founders of failed Singaporean crypto hedge fund, Three Arrows Capital (3AC).

Photo by Chapman Chow on Unsplash

 

Fallout following writ

It emerged in October that a group of CoinFLEX creditors had filed a writ of summons in the High Court of Hong Kong, claiming that OPNX, a new crypto bankruptcy claims trading platform linked to CoinFLEX, was established using CoinFLEX assets without their consent. While incorporated in the Seychelles, CoinFLEX ran its operations from Hong Kong.

The writ alleges that Mark Lamb misappropriated assets, diverted clients and business opportunities and engaged in actions harmful to creditors during his tenure.

The creditors argue that Lamb, while serving as CoinFLEX’s CEO, simultaneously devoted time and effort to setting up OPNX, contrary to his responsibilities. The allegations include diverting assets, falsely representing OPNX’s association with CoinFLEX creditors, disclosing confidential trade secrets and soliciting employees to move to OPNX.

The legal action — filed by two companies, Liquidity Technologies and Liquidity Technologies Software — claims that OPNX’s formation was unauthorized and harmful to CoinFLEX creditors. Despite CoinFLEX’s terms of service requiring dispute resolution through arbitration in Hong Kong, the allegations have not been proven in the High Court of Hong Kong.

 

Lamb addresses ‘Twitter FUD’

In response to these creditor actions, earlier this week, Lamb took to X (formerly Twitter) to address what he termed as “Twitter FUD.” Lamb wrote:

“The Hong Kong court ruled that the few CoinFLEX creditors behind recent ‘FUD’ must not disrupt or interfere with OPNX in any way — and their legal counsel has subsequently stopped representing them.”

Lamb added that he hoped that CoinFLEX’s 4,800 creditors would choose the path that he has proposed on the basis that it “maximizes value.”

OPNX has defended its position, emphasizing that it provided an opportunity for creditors to sell their claims on the exchange for quick cash, benefiting them. Davies and Zhu have pledged to donate their share of the profit to 3AC creditors.

In February, OPNX CEO Leslie Lamb, Mark Lamb’s wife, announced the rebranding of CoinFLEX to Open Exchange (OPNX). However, the writ of summons claims that OPNX is a separate entity not authorized by CoinFLEX creditors. Leslie Lamb followed up in April by claiming backing from well-known entities in crypto venture capital, only for many of those mentioned to immediately refute such claims.

The dispute has also implicated Roger Ver, a well-known character in the crypto space otherwise referred to as “Bitcoin Jesus.” Ver, a significant individual customer, was accused of defaulting by CoinFLEX. Ver denied defaulting and claimed that CoinFLEX used his trading positions against him, leading to a court-ordered arbitration.

OPNX, since its launch in April, has obtained a Lithuanian license for spot trading in the EU and currently processes substantial daily trading volumes. Criminal and civil proceedings against OPNX co-founders Davies and Zhu are ongoing. The situation remains fluid as the legal dispute unfolds.

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CoinFLEX’s Creditors Sue CEO and OPNX in Legal Dispute

CoinFLEX’s Creditors Sue CEO and OPNX in Legal DisputeCreditors 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 UnsplashDissatisfied CoinFLEX creditorsAccording 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 detailsThe 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 strugglesOPNX 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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Russia looks to implement crypto taxation and mining policy changes  

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Jul 12, 2023

Dubai Regulator Suspends BitOasis’ Crypto License

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