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Topic: {ANNOUNCEMENT} WBX Exchange Frozen - page 22. (Read 45349 times)

newbie
Activity: 29
Merit: 0
March 13, 2012, 06:56:19 PM
#35
Sorry for the cheap shot at my kiwi cousins... I went to primary school in Christchurch one autumn/winter. I held a financial services authority once too - for raising film funds.

Yes the legal framework in Oz is quite good. So you'd think Andre would man up and start talking rather than risk the legal ramifications of anybody calling the authorities.

Sadly I suspect it will come to criminal and civil proceedings as Andre is burying his head in the sand and ducking everyone.
hero member
Activity: 518
Merit: 500
March 13, 2012, 02:02:54 PM
#34
I think the Orange NSW address you are thinking of is for CryptoXChange's legal registered office address.

The ABN looks like it predates the move to Qld.

The absence of Annual Return filings reinforces a view that the company was deregistered automatically for not lodging annual returns.

However the company was not up-to-date with ASIC paperwork before it started the exchange. Strike 1 to piercing the corporate veil (and thus making Andre personally liable).

ASIC also regulates the provision of financial services in Australia. They love to go after shonky Queensland-based Kiwi get-rich-quick peddlers. And a company called "High Net Worth Property Pty Ltd" sounds like the perfect target. ASIC has powers to ban a director from working in the financial services industry, ban the holding of more directorships, or just ruin a director's reputation.

ASIC can also pierce the corporate veil and go after the director personally.

Although I was a Kiwi working in Australia for a while, I commuted to Melbourne.  I also held a Financial Services Licence, but that was for trading electricity rather than a shonky deal.  ASIC was interesting to deal with, but on the whole the legal framework was pretty sensible.

One of the services on the web is their scam alert https://www.moneysmart.gov.au/scams

Not sure, but it does look like there could be criminal and civil proceedings here.
newbie
Activity: 29
Merit: 0
March 13, 2012, 08:43:59 AM
#33
I think the Orange NSW address you are thinking of is for CryptoXChange's legal registered office address.

The ABN looks like it predates the move to Qld.

The absence of Annual Return filings reinforces a view that the company was deregistered automatically for not lodging annual returns.

However the company was not up-to-date with ASIC paperwork before it started the exchange. Strike 1 to piercing the corporate veil (and thus making Andre personally liable).

ASIC also regulates the provision of financial services in Australia. They love to go after shonky Queensland-based Kiwi get-rich-quick peddlers. And a company called "High Net Worth Property Pty Ltd" sounds like the perfect target. ASIC has powers to ban a director from working in the financial services industry, ban the holding of more directorships, or just ruin a director's reputation.

ASIC can also pierce the corporate veil and go after the director personally.
hero member
Activity: 518
Merit: 500
March 13, 2012, 03:41:18 AM
#32
Those entries all look pretty dull.  I thought he was in Orange (inland NSW).  I have some contacts in QLD.
hero member
Activity: 518
Merit: 500
March 13, 2012, 02:44:39 AM
#31
ABN is registered in Victoria: http://www.abr.business.gov.au/SearchByAbn.aspx?abn=61131700779

WBX lists address as Gold Coast, Qld: https://www.worldbitcoinexchange.com/?page=help

Quote
High Net Worth Property Pty Ltd
Trading As: World Bitcoin Exchange
ACN: 61 131 700 779
Gold Coast
Queensland
Australia
4208

Andre's linked in profile states he is in the Brisbane area: http://www.linkedin.com/profile/view?id=67791024&authType=name&authToken=oL4o&locale=en_US&pvs=pp&trk=ppro_viewmore

Hmmm ...

Looks like an address changed in January 2009. Did he just forget to update his ABN, or is it something more sinister?

Quote
   Extracted from ASIC's database at AEST 17:39:03 on 13/03/2012
Name   HIGH NET WORTH PROPERTY PTY. LTD.
ACN   
131 700 779
ABN   
61 131 700 779

These are the documents that ASIC has most recently received from or in relation to this organisation. Page numbers are shown if processing is complete and the document is available for purchase.
Date   Number   Pages   Description
07/01/2009   7E1976142   3   484 Change to Company Details
484B Change of Registered Address
484C Change of Principal Place of Business (Address)
484A1 Change Officeholder Name or Address
484A2 Change Member Name or Address
07/01/2009   7E1976102   4   484 Change to Company Details
484B Change of Registered Address
484C Change of Principal Place of Business (Address)
484A1 Change Officeholder Name or Address
484E Appointment or Cessation of a Company Officeholder
484A2 Change Member Name or Address
18/06/2008   1E4484035   3   201C Application For Registration as a Proprietary Company
newbie
Activity: 29
Merit: 0
March 12, 2012, 09:11:34 PM
#30
He probably didn't de-register the company, ASIC probably deregistered it for not filling annual returns.

Furthermore, bank account payments to and from WBX are in Andre's name not the company. So again he's personally liable.

sr. member
Activity: 395
Merit: 250
March 12, 2012, 05:29:31 PM
#29
Still, not really a good sign that he deregisters his company without informing anyone... to me it still smells like scam. But I hope I will be proven wrong.
hero member
Activity: 518
Merit: 500
March 12, 2012, 04:08:46 PM
#28
As a note, the supposed company was de-registered in December (4th).  That is actually useful as it means rather than hiding behind a limited liability company structure, the actions have taken place by Andre as an individual and he is personally liable.
hero member
Activity: 1138
Merit: 523
March 12, 2012, 12:40:19 AM
#27
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

@ Andre,

Shutting down is all very well and dandy but people deserve to know exactly when they are going to be receiving their funds.

Just clamming up about things isn't exactly helping your position on this. As I know several people are more than contemplating legal action. And judging by the way you've been handling this to date I doubt that most people here put much faith if any into anything you say when you aren't being specific.

You've deregistered the company supposedly running the exchange and who knows what else has been going on without you informing your clients.

IMO Andre is just as big a scammer as ANZ in this case as he's spent well over a month trying to cover up their wrongdoing by ponzing around with CLIENT funds etc. Using other peoples deposits to cash others out etc.


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hero member
Activity: 812
Merit: 1000
March 11, 2012, 09:59:07 PM
#26
You may want to consider offering, though only as an option, to let people withdraw their fiat currency balances in Bitcoins. You can use the rate from another exchange or you can fix the week's average rate. This is probably easier for you to do than mailing people checks, especially from closed accounts. And at least offering it will reassure people that they'll be getting their money back.

yeah i'd much prefer this
legendary
Activity: 1596
Merit: 1012
Democracy is vulnerable to a 51% attack.
March 11, 2012, 09:16:41 PM
#25
You may want to consider offering, though only as an option, to let people withdraw their fiat currency balances in Bitcoins. You can use the rate from another exchange or you can fix the week's average rate. This is probably easier for you to do than mailing people checks, especially from closed accounts. And at least offering it will reassure people that they'll be getting their money back.
hero member
Activity: 518
Merit: 500
March 11, 2012, 09:09:43 PM
#24
In today's announcement there is no timeline for the return of clients' funds.

I have been holding the WBX Bitcoins in an offsite account, for safekeeping.  They're all accounted for, and are available to withdraw right now for users with BTC balances.  I transfer them back to the WBX wallet as and when they're needed.

The server emails me when it's short of Bitcoins, so if there's ever a delay with your BTC withdrawal, it's because the server wallet was emptied and is waiting for me to transfer more in from the offsite wallet.

This is something I was doing for Andre rather than leaving them on the WBX server, in an attempt to prevent a Linode style theft.

Thanks for providing that information.  For those with coins, that at least makes it easier (although I would have thought most coins would have been shifted long before now).

Any information of the dollar balances?  I have half tied up in pending withdrawal status and half waiting to move.
newbie
Activity: 29
Merit: 0
March 11, 2012, 09:01:13 PM
#23
I also notice there is not announcement here or on the site's News page to match Andre's numerous copy & paste emails of today.

It seems like he sent the same reply to every email in the support queue.
legendary
Activity: 2940
Merit: 1330
March 11, 2012, 08:42:03 PM
#22
In today's announcement there is no timeline for the return of clients' funds.

I have been holding the WBX Bitcoins in an offsite account, for safekeeping.  They're all accounted for, and are available to withdraw right now for users with BTC balances.  I transfer them back to the WBX wallet as and when they're needed.

The server emails me when it's short of Bitcoins, so if there's ever a delay with your BTC withdrawal, it's because the server wallet was emptied and is waiting for me to transfer more in from the offsite wallet.

This is something I was doing for Andre rather than leaving them on the WBX server, in an attempt to prevent a Linode style theft.
hero member
Activity: 812
Merit: 1000
March 11, 2012, 07:28:24 PM
#21
I think the point payb.tc was making was that ANZ is the scammer, not Andre.

A+
newbie
Activity: 29
Merit: 0
March 11, 2012, 07:03:21 PM
#20
The problem is that Andre stayed silent most days since before 14 February.

There should have been a daily "nothing new to report" or "I can't say anything more while the lawyers are looking it over".

In today's announcement there is no timeline for the return of clients' funds.
sr. member
Activity: 395
Merit: 250
March 11, 2012, 06:54:59 PM
#19
As an update:

Quote
Dear Clients,

Effective immediately World Bitcoin Exchange (WBX) will be shutting down trading / deposits and returning all client funds.
Due to increasing fraudulent transactions on our accounts, WBX can not operate in it's current capacity. Combined with multiple bank account closures, we have deemed the best course of action is to halt trading.

Sincerely,

Andre Jensen

It's a pitty as I liked wbx, but if it means that everybody receives the his money back then that's good news
donator
Activity: 848
Merit: 1078
March 11, 2012, 06:54:35 PM
#18
I just received an email from Andre: WBX will be shutting down.  Sad
legendary
Activity: 2940
Merit: 1330
March 11, 2012, 06:18:35 PM
#17
if you're looking for the 'scammer', try ANZ.
ANZ will not reveal any data of it's clients nor confirm that accounts have been frozen due to fraud investigations without the consent of the owner of the account. I tried that, already Smiley Probably they would be more willing to share information with the local law enforcement agencies.

I think the point payb.tc was making was that ANZ is the scammer, not Andre.

The last I heard from Andre was on March 6th, when he wrote:

"i will be announcing a statement with in the next 7days on the site and forums".
sr. member
Activity: 395
Merit: 250
March 11, 2012, 05:39:47 PM
#16
are several people who have been scammed vs. only a single person.

if you're looking for the 'scammer', try ANZ.

ANZ will not reveal any data of it's clients nor confirm that accounts have been frozen due to fraud investigations without the consent of the owner of the account. I tried that, already Smiley Probably they would be more willing to share information with the local law enforcement agencies.
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