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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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Policy & Regulation·

Oct 06, 2023

Korean Police Establishes Task Force to Tackle Virtual Asset-Related Crimes

Korean Police Establishes Task Force to Tackle Virtual Asset-Related CrimesIn response to the recent increase in virtual asset-related crimes in South Korea, the country’s police agency is establishing a dedicated task force to combat these illegal activities, according to local media outlet News1. This action by the National Police Agency comes as virtual asset legislation gained momentum and as prosecutors launched a joint virtual asset investigation division. Additionally, the police are considering establishing a new regional investigation unit focused on virtual asset-related investigations in the future.Photo by Sungho Song on PixabayMulti-divisional approachDuring this month, the police will consolidate various functions related to virtual asset investigations within its headquarters to establish the task force. This group will convene monthly meetings to exchange information on ongoing investigations and will also extend invitations to on-site investigators for the purpose of studying the most effective investigative methods and staying updated on the latest trends in virtual asset-related crimes.The task force will be jointly overseen by the heads of the Cyber Investigation Bureau and the Investigation Bureau and will consist of members from several divisions, including the Cyber Investigation Planning Division, Economic Crime Investigation Division, Cybercrime Investigation Division, Cyber Terrorism Response Division, Narcotic and Organized Crime Investigation Division, and National Security Investigation Command Division.Escalation of virtual asset crimesBy the end of the first half of this year, the global crypto market value reached $1.17 trillion, coinciding with a notable uptick in crypto-related criminal activities. In 2021, there were 427 instances of domestic fraud cases linked to cryptocurrencies, resulting in the arrest of 1,717 individuals. However, in 2022, these numbers increased to 628 cases involving 2,123 people. Furthermore, from January to July of the current year, the police have apprehended 1,146 individuals in connection with 327 cases related to cryptocurrency crimes.However, responding to virtual asset-related crimes presents a significant challenge due to their diverse nature and wide-ranging applications. For example, incidents involving crypto hacking typically fall under the jurisdiction of the Cybercrime Investigation Division. On the other hand, cases related to fraudulent crypto investment schemes are typically handled by the Economic Crime Investigation Division, while the Narcotic and Organized Crime Investigation Division concentrates on instances of drug trading conducted using cryptocurrencies.Paving the way for specialized expertiseFurthermore, as part of the task force’s efforts, the police will seek input and feedback regarding the potential establishment of a new department focused exclusively on investigating virtual assets in the future. A police official mentioned that the creation of such a dedicated unit is seen as a desirable step that could facilitate the development of specialized expertise among on-site officers. Looking ahead, the police are also contemplating the formation of a regional investigation unit specifically dedicated to cryptocurrency-related investigations, a unit akin to the existing Financial Crimes Investigation Unit.Upcoming law implementationThe police’s decision to form a working group is seen as a proactive step in preparation for the forthcoming Virtual Asset User Protection Act, slated to take effect in July next year. This legislation is designed to enable legal action against unfair trading practices related to virtual assets, including the misuse of undisclosed information, market manipulation, and illicit transactions. It parallels the regulatory framework applied to financial investment products.In August, public prosecutors took action by launching a joint cryptocurrency investigation division at the Seoul Southern District Prosecutors’ Office in collaboration with several key agencies, including the Financial Supervisory Service (FSS), Financial Intelligence Unit (FIU), National Tax Service (NTS), Korea Customs Service (KCS), Korea Deposit Insurance Corporation (KDIC), and Korea Exchange (KRX). Moreover, in light of the growing importance of legal issues related to cryptocurrencies, prominent law firms have been swiftly mobilizing to establish specialized teams dedicated to handling crypto legal cases.This trend is not limited to South Korea alone; it is also unfolding in other countries. For instance, in a parallel development, the Hong Kong Police Force and the Securities and Futures Commission (SFC) have recently instituted a working group to monitor and address suspicious activities linked to virtual asset trading platforms (VATPs).

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Web3 & Enterprise·

Aug 30, 2023

Canaan’s Record Q2 Revenue Amid Profitability Struggle

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Web3 & Enterprise·

Jan 12, 2024

CoinGecko security breach latest threat within crypto space

The crypto space continues to suffer a disproportionate share of hacks and scams that were further exacerbated on Wednesday, with Malaysian crypto data aggregator the latest to succumb to a security breach. Serving as yet another stark reminder of the persistent threats plaguing the sector, a phishing scam targeted CoinGecko's X account, leading to a brief compromise that raised concerns about the safety of user information.Photo by GuerrillaBuzz on UnsplashPhishing scamDuring this incident, hackers posted a phishing link on CoinGecko's X account, falsely advertising a token airdrop for a cryptocurrency named GCKO. The deceptive post claimed that GCKO could be used for API services, including the cryptocurrency ANKR. Swift action by CoinGecko involved the removal of the fraudulent post and a public warning urging users to avoid interacting with any suspicious links or content. In an X post, CoinGecko wrote:”Our Twitter accounts @CoinGecko and @GeckoTerminal have been compromised. We're taking immediate steps to investigate the situation and secure our accounts. Please DO NOT click on any links or engage with suspicious content. Your security is our top priority.” Employee errorThe firm followed up with an update on Thursday, attributing the breach to a team member inadvertently clicking on a fraudulent Calendly link, granting unauthorized access to the hacker. Despite having two-factor authentication (2FA) enabled and employing robust security measures, CoinGecko emphasized that the inadvertent click allowed unauthorized access. The compromised accounts were then exploited to disseminate misleading information and potentially engage in malicious activities. CoinGecko expressed sincere apologies for any confusion or inconvenience caused by the incident. The company reiterated its commitment to platform security and continuous improvement of internal controls, assuring users that corrective measures were promptly implemented. SEC incompetenceCoinGecko's security incident occurred within 24 hours of a similar occurrence involving the U.S. Securities and Exchange Commission (SEC). The SEC's X account was compromised, with scammers posting a false message from Chair Gary Gensler about the approval of spot bitcoin exchange-traded funds (ETFs). While CoinGecko identified a vulnerability in its security regimen, the SEC later confirmed that the breach in its case was far more basic. It was not due to infrastructure attacks but rather the lack of 2-factor authentication (2FA) tied to the SEC's account, the most basic form of operations security. Gensler and the SEC have come in for major criticism from the crypto community in the U.S. due to a policy of regulation by enforcement that has been pursued. With that, the Commission came in for swift and harsh criticism in the immediate aftermath of its X account hack. Many pointed out the irony of Gensler advising consumers to secure their accounts back in October when the SEC itself had failed to do so. Others queried who would be responsible for what some interpreted as an episode of market manipulation, something that the SEC has perennially associated the crypto markets with. During the time that the account was compromised, millions of dollars of value were liquidated in short and long trading positions. CoinGecko's quick response serves as a valuable lesson in the importance of vigilance and proactive security measures amid the growing threats facing the cryptocurrency community.

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