Internal Dispute Sees Co-Founder Depart 5ire

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

Indian Supreme Court Scolds Government over Crypto Regulation DelayThe Indian Supreme Court did not mince words recently as it criticized the Union government for its failure to establish clear cryptocurrency regulations in the country.Photo by Studio Art Smile on PexelsLack of crypto clarityThat’s according to a report published by local media outlet, the Hindustan Times, on Friday. It’s understood that the Supreme Court is frustrated with regard to the lack of guidelines surrounding cryptocurrencies. That frustration has arisen as crypto is increasingly coming to the attention of the courts due to it being associated with a rising number of criminal activities.The court directed the government to provide information about any plans to set up a dedicated federal agency to investigate crypto-related crimes. During the proceedings, Justices Surya Kant and Dipankar Datta expressed their disappointment, pointing out the absence of any concrete laws pertaining to cryptocurrencies.Crypto bill failingsThe context for the court’s remarks was the ongoing hearing of petitions related to cryptocurrency fraud cases across different states in India. In light of the gravity of these cases, the court demanded a response from the government regarding its capability to establish an effective mechanism to investigate crypto-related crimes.The struggle for clear and comprehensive crypto regulations in India has been long-standing. As far back as 2018, the government was instructed by the Supreme Court to draft a crypto bill, but progress has been slow. The government has continually promised to provide legislative clarity over the past few years. Despite this, the final draft of the crypto bill has not been produced.Crypto taxesGovernments may drag their feet when it comes to regulatory clarity relative to unfolding innovations but they’re far more responsive when it comes to taxes. The Indian government acted swiftly to impose crypto taxation laws, which took effect in April 2022.During that bull market period, India emerged as one of the leading crypto markets, witnessing the rise of several crypto unicorns and significant trading volumes amounting to billions of dollars. However, the introduction of tax laws had an adverse impact on the thriving crypto industry. Added to that, the lack of regulatory clarity caused many established firms to relocate from India, seeking more favorable environments for their operations.Market potentialDespite the government’s lethargic legislative response and heavy-handed tax policy, there are still reasons for optimism with regard to the development of crypto in India. India’s fintech sector is the third largest in the world, driven more recently by rapid digital adoption, together with efforts to bring about financial inclusion.Last month, Xapo Bank, a Gibraltar-based crypto bank, was sufficiently encouraged by the potential offered in India to enter the Indian market. Earlier this week, the world’s largest asset manager, BlackRock, announced that it was partnering with Jio Financial and re-entering the Indian market after a six-year hiatus.The move could have implications for crypto in India given that BlackRock has changed its tack on crypto, having recently filed an application to launch a bitcoin exchange-traded fund (ETF) in the United States.Notwithstanding these developments, concrete regulatory guidelines will not only protect against criminal activities but also foster a conducive environment for legitimate innovation and growth in the cryptocurrency space.

Accused of one of the world's largest cryptocurrency scams, Andreas Szakacs, a Swedish national who became a Turkish citizen under the name Emre Avcı, was detained in Istanbul. The alleged international fraud scheme, led by Szakacs, began in 2019 under the guise of OmegaPro, a company dealing in forex and cryptocurrency trading. OmegaPro claimed to generate significant profits for its investors through complex financial algorithms and high-risk leveraged trading. The company, registered in opaque jurisdictions like Saint Vincent and the Grenadines and headquartered in Dubai, promised returns as high as 300% within 16 months, attracting investors from across the globe. High-profile endorsements and lavish eventsTo bolster credibility, Szakacs and his partners, including well-known figures in the finance and crypto sectors like Dilawar Singh and Mike Sims, organized extravagant events. These included the OmegaPro Legends Cup, a football tournament featuring former stars like Ronaldinho, Kaka and Iker Casillas, who were branded as OmegaPro ambassadors. The company also sponsored car races and held opulent conferences in luxury hotels, where gifts and prizes were distributed to participants, further enticing new investors. OmegaPro's operations spanned multiple continents, with representatives in countries such as Colombia, Mexico, the UK and Nigeria. Over time, the company claimed to have attracted 1.5 million investors. However, in late 2022, as withdrawals were suddenly halted, suspicions grew. By July 2023, the company had shut down, leaving an estimated three million investors defrauded and $4 billion unaccounted for.Photo by Xiaoyi Huang on UnsplashAs OmegaPro collapsed, investors from around the world began filing complaints. In France alone, over 1,500 victims have initiated a class-action lawsuit. Similar legal actions have been reported in countries including Mexico, Congo and Myanmar. Despite multiple investigations, the whereabouts of Szakacs and his partners remained unknown—until recently. A tip-off leads to arrest in IstanbulThe breakthrough came on June 28, when an anonymous informant tipped off Turkish authorities about Szakacs' presence in a luxury villa in Istanbul's Acarkent neighborhood. Following an investigation, the Istanbul Gendarmerie identified 18 complainants connected to OmegaPro. On July 9, Szakacs was arrested in a raid on the villa, where authorities found 32 cold wallets containing cryptocurrencies, along with extensive documentation related to OmegaPro’s operations. During questioning, Szakacs denied all allegations, claiming that OmegaPro was a legitimate business that went bankrupt in late 2022, resulting in significant losses for him and his partners. He also refused to provide access to the cold wallets and the encrypted data on his devices. Despite his defense, Szakacs was charged with fraud using information systems and detained by the Beykoz Criminal Court of Peace on July 10. Ongoing legal battles and future implicationsAs the investigation continues, authorities are scrutinizing Szakacs' digital transactions, which reportedly involve $160 million in movements over a single month. His legal team argues that investors knowingly took on risks in the forex market, but the sheer scale of the losses—especially the $103 million claimed by a Dutch complainant representing 3,000 victims—has intensified the case. The outcome of this case could set a precedent for how international crypto-related fraud is handled, particularly in an era where digital currencies and high-risk investments are increasingly intertwined.