Author

Topic: CRYPTSY stopping withdraw locking accounts without notifying users! Class Action - page 526. (Read 1007121 times)

legendary
Activity: 1862
Merit: 1002
Source: mullick here..
https://bitcointalksearch.org/topic/m.9338361

Quote Source:
http://blog.cryptsy.com/post/100831839452/response-regarding-lawsuit

Quote
Response regarding lawsuit

There was quite a bit of PR pushed out yesterday from a law firm that stated that they were filing a lawsuit against Cryptsy and myself. The complaint alleges that Crytpsy misled users and was negligent in security. They represent a single user.  We have close to 300,000 users at this point. We have reviewed the unofficial complaint and believe that it is without merit. We intend to defend the case vigorously.

We would like to note that we have not received any documentation or official notification concerning any lawsuit yet.  We also find it unprofessional that the law firm decided to push out such a large PR campaign prior to serving any notice.  It should also be noted that according to the user terms of our site, disputes are to be handled via arbitration. 

We realize that there have been a few "Bad Actors" in the crypto-currency space running exchanges and other services.  Cryptsy strives for transparency and doing what is right.  This lawsuit attempts to place us in the same group as many of these bad actors, but this is simply not how we operate.  We are not a fly by night operation, we are a company that plans to be around for a long time.   Our desire is to be the model of how to operate a crypto business.

As I’m sure many of you are aware, we take security very seriously.  We pride ourselves on being one of the most secure places to trade on the internet.  The crypto-currency space has been the target for a lot of hackers over the last year due to the increase in value of Bitcoin.  These hackers  not only target Cryptsy users, but users of many other Bitcoin services.   

In this case the attack on the user making the claim came from within their own computer.  This is currently one of the most common attacks by hackers.   While we try to educate our users on how to secure their local environment, we ultimately have no control of a users computer system.

So as a reminder I’d like to reiterate a few security tips:

- Do not leave your computer logged into your Cryptsy account when you are away from your computer

- Do not install browser extensions from unknown developers

- Do not install mining software from unknown developers on the same computer you use to access Cryptsy

- Run a virus scan regularly. 

- Make sure you use 2fa on your Cryptsy account

Paul Vernon
“BigVern”
Cryptsy.com

    Oct 24th, 2014
    5 notes

Yes. This is regarding the lawsuit filed by silvers law after a guy tried to get his coins back from cryptsy following the Bitcoin Saving & Trust fiasco. It's like a year old and I believe they settled it.

http://silverlaw.com/media/news-releases/246-2/

What is the point of posting this exactly?

do you know what the settlement was?

didn't that shavers guy actually get a jail sentence as he was running a Ponzi

If they settled out of court, there is no way to find out. They wouldn't have had to disclose it.

This is a copy of the complaint:
https://www.manatt.com/uploadedFiles/Content/4_News_and_Events/Newsletters/BankingLaw@manatt/2014-10-24%20--%20Cryptsy%20Complaint.pdf

Keep in mind that Cryptsy's user agreement states that you agree to settle all disputes via arbitration if you use their service. So, filing a lawsuit in a real court could be a problem for an individual.

https://www.cryptsy.com/pages/terms

23. Applicable Law and Venue

These Terms and your use of the Site will be governed by and construed in accordance with the laws of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed only in the state and federal courts located in Palm Beach County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

24. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CRYPTSY INTERNATIONAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Any controversy or claim arising out of or relating to these Terms, or the breach of these Terms, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the party initiating arbitration and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
full member
Activity: 140
Merit: 100
i only use cryptsy for small transaction and it work fine. i hope all issue is resolve for you guys soon though!!
vip
Activity: 1428
Merit: 1145
After one month today i got upgraded, i'm now trying to withdraw my money


Under your previous Level if you add up the days and the amount allowed, the funds withdrawn should have also been accrued vs time. So if you were only allowed $25 a day and you have waited a month you should all of the sudden be allowed to withdraw $750 since that transaction started 30 days ago. This means that by stopping a large transaction they now have to abide by their own timeline and apply it to that entire transaction. So if the transaction was $750 it would take 30 days to clear. They can't stop the transaction due to a limit, they can only start the timeline to the amounts they set per level. So this is illegal under their own statements if they didn't release the funds after X amount of days. You had a transaction and a level so they need to apply the time vs amounts to it and then allow it to be released after X amount of time.

So technically after this amount of time you should not have to upgrade or give your identity to get the total funds out. The time has passed and the transaction was started a month ago so they need to release the funds with no questions asked.

You seem to be confused. It clearly says that the monthly limit is $100, you can't claim it's $750 "under their own statements":



 




I thought $25 daily meant ummm Daily? WTF? $100 a month? New Cryptsy Motto... When we say Daily we mean that there are only 4 days in the Month!

Tier 1 members get to enjoy 5 days in a month. HAHAHA
legendary
Activity: 987
Merit: 1003
After one month today i got upgraded, i'm now trying to withdraw my money


Under your previous Level if you add up the days and the amount allowed, the funds withdrawn should have also been accrued vs time. So if you were only allowed $25 a day and you have waited a month you should all of the sudden be allowed to withdraw $750 since that transaction started 30 days ago. This means that by stopping a large transaction they now have to abide by their own timeline and apply it to that entire transaction. So if the transaction was $750 it would take 30 days to clear. They can't stop the transaction due to a limit, they can only start the timeline to the amounts they set per level. So this is illegal under their own statements if they didn't release the funds after X amount of days. You had a transaction and a level so they need to apply the time vs amounts to it and then allow it to be released after X amount of time.

So technically after this amount of time you should not have to upgrade or give your identity to get the total funds out. The time has passed and the transaction was started a month ago so they need to release the funds with no questions asked.

You seem to be confused. It clearly says that the monthly limit is $100, you can't claim it's $750 "under their own statements":



 




I thought $25 daily meant ummm Daily? WTF? $100 a month? New Cryptsy Motto... When we say Daily we mean that there are only 4 days in the Month!
hero member
Activity: 840
Merit: 1000
Source: mullick here..
https://bitcointalksearch.org/topic/m.9338361

Quote Source:
http://blog.cryptsy.com/post/100831839452/response-regarding-lawsuit

Quote
Response regarding lawsuit

There was quite a bit of PR pushed out yesterday from a law firm that stated that they were filing a lawsuit against Cryptsy and myself. The complaint alleges that Crytpsy misled users and was negligent in security. They represent a single user.  We have close to 300,000 users at this point. We have reviewed the unofficial complaint and believe that it is without merit. We intend to defend the case vigorously.

We would like to note that we have not received any documentation or official notification concerning any lawsuit yet.  We also find it unprofessional that the law firm decided to push out such a large PR campaign prior to serving any notice.  It should also be noted that according to the user terms of our site, disputes are to be handled via arbitration.  

We realize that there have been a few "Bad Actors" in the crypto-currency space running exchanges and other services.  Cryptsy strives for transparency and doing what is right.  This lawsuit attempts to place us in the same group as many of these bad actors, but this is simply not how we operate.  We are not a fly by night operation, we are a company that plans to be around for a long time.   Our desire is to be the model of how to operate a crypto business.

As I’m sure many of you are aware, we take security very seriously.  We pride ourselves on being one of the most secure places to trade on the internet.  The crypto-currency space has been the target for a lot of hackers over the last year due to the increase in value of Bitcoin.  These hackers  not only target Cryptsy users, but users of many other Bitcoin services.  

In this case the attack on the user making the claim came from within their own computer.  This is currently one of the most common attacks by hackers.   While we try to educate our users on how to secure their local environment, we ultimately have no control of a users computer system.

So as a reminder I’d like to reiterate a few security tips:

- Do not leave your computer logged into your Cryptsy account when you are away from your computer

- Do not install browser extensions from unknown developers

- Do not install mining software from unknown developers on the same computer you use to access Cryptsy

- Run a virus scan regularly.  

- Make sure you use 2fa on your Cryptsy account

Paul Vernon
“BigVern”
Cryptsy.com

    Oct 24th, 2014
    5 notes

Yes. This is regarding the lawsuit filed by silvers law after a guy tried to get his coins back from cryptsy following the Bitcoin Saving & Trust fiasco. It's like a year old and I believe they settled it.

http://silverlaw.com/media/news-releases/246-2/

What is the point of posting this exactly?

do you know what the settlement was?

didn't that shavers guy actually get a jail sentence as he was running a Ponzi
legendary
Activity: 1540
Merit: 1011
FUD Philanthropist™
ahh my bad then i thought it was posted OCT 2015 (not 2014)
so i figured it was a response to this topic pretty much (didn't really read it sorry people)
legendary
Activity: 1862
Merit: 1002
Source: mullick here..
https://bitcointalksearch.org/topic/m.9338361

Quote Source:
http://blog.cryptsy.com/post/100831839452/response-regarding-lawsuit

Quote
Response regarding lawsuit

There was quite a bit of PR pushed out yesterday from a law firm that stated that they were filing a lawsuit against Cryptsy and myself. The complaint alleges that Crytpsy misled users and was negligent in security. They represent a single user.  We have close to 300,000 users at this point. We have reviewed the unofficial complaint and believe that it is without merit. We intend to defend the case vigorously.

We would like to note that we have not received any documentation or official notification concerning any lawsuit yet.  We also find it unprofessional that the law firm decided to push out such a large PR campaign prior to serving any notice.  It should also be noted that according to the user terms of our site, disputes are to be handled via arbitration.  

We realize that there have been a few "Bad Actors" in the crypto-currency space running exchanges and other services.  Cryptsy strives for transparency and doing what is right.  This lawsuit attempts to place us in the same group as many of these bad actors, but this is simply not how we operate.  We are not a fly by night operation, we are a company that plans to be around for a long time.   Our desire is to be the model of how to operate a crypto business.

As I’m sure many of you are aware, we take security very seriously.  We pride ourselves on being one of the most secure places to trade on the internet.  The crypto-currency space has been the target for a lot of hackers over the last year due to the increase in value of Bitcoin.  These hackers  not only target Cryptsy users, but users of many other Bitcoin services.  

In this case the attack on the user making the claim came from within their own computer.  This is currently one of the most common attacks by hackers.   While we try to educate our users on how to secure their local environment, we ultimately have no control of a users computer system.

So as a reminder I’d like to reiterate a few security tips:

- Do not leave your computer logged into your Cryptsy account when you are away from your computer

- Do not install browser extensions from unknown developers

- Do not install mining software from unknown developers on the same computer you use to access Cryptsy

- Run a virus scan regularly.  

- Make sure you use 2fa on your Cryptsy account

Paul Vernon
“BigVern”
Cryptsy.com

    Oct 24th, 2014
    5 notes

Yes. This is regarding the lawsuit filed by silvers law after a guy tried to get his coins back from cryptsy following the Bitcoin Saving & Trust fiasco. It's like a year old and I believe they settled it.

http://silverlaw.com/media/news-releases/246-2/

What is the point of posting this exactly?
legendary
Activity: 1540
Merit: 1011
FUD Philanthropist™
Source: mullick here..
https://bitcointalksearch.org/topic/m.9338361

Quote Source:
http://blog.cryptsy.com/post/100831839452/response-regarding-lawsuit

Quote
Response regarding lawsuit

There was quite a bit of PR pushed out yesterday from a law firm that stated that they were filing a lawsuit against Cryptsy and myself. The complaint alleges that Crytpsy misled users and was negligent in security. They represent a single user.  We have close to 300,000 users at this point. We have reviewed the unofficial complaint and believe that it is without merit. We intend to defend the case vigorously.

We would like to note that we have not received any documentation or official notification concerning any lawsuit yet.  We also find it unprofessional that the law firm decided to push out such a large PR campaign prior to serving any notice.  It should also be noted that according to the user terms of our site, disputes are to be handled via arbitration.  

We realize that there have been a few "Bad Actors" in the crypto-currency space running exchanges and other services.  Cryptsy strives for transparency and doing what is right.  This lawsuit attempts to place us in the same group as many of these bad actors, but this is simply not how we operate.  We are not a fly by night operation, we are a company that plans to be around for a long time.   Our desire is to be the model of how to operate a crypto business.

As I’m sure many of you are aware, we take security very seriously.  We pride ourselves on being one of the most secure places to trade on the internet.  The crypto-currency space has been the target for a lot of hackers over the last year due to the increase in value of Bitcoin.  These hackers  not only target Cryptsy users, but users of many other Bitcoin services.  

In this case the attack on the user making the claim came from within their own computer.  This is currently one of the most common attacks by hackers.   While we try to educate our users on how to secure their local environment, we ultimately have no control of a users computer system.

So as a reminder I’d like to reiterate a few security tips:

- Do not leave your computer logged into your Cryptsy account when you are away from your computer

- Do not install browser extensions from unknown developers

- Do not install mining software from unknown developers on the same computer you use to access Cryptsy

- Run a virus scan regularly.  

- Make sure you use 2fa on your Cryptsy account

Paul Vernon
“BigVern”
Cryptsy.com

    Oct 24th, 2014
    5 notes
hero member
Activity: 840
Merit: 1000
As posted by someone else before I think gox and cryptsy are way different. While manipulation took place on gox and probably on crypsty too. didn't gox also have...in tandem with willy bot, the creation of phantom accounts where fiat came out of nowhere to buy btc. That will drive prices up...no doubt

Also I don't think gox or crypsty qualify as a Ponzi's. Embezzlement at Gox and maybe scamming customers by crypsty (certainly done by mods on a number of occasions) are not Ponzi schemes.

That's also where complaints against them with the AEG in florida, may have the most impact. If mods are compensated by crypsty then as employees or contractors they may have some sort of fiduciary responsibility not to act on inside knowledge, manipulate markets and the like.... which most seem to feel has been done by them many times.

legendary
Activity: 1862
Merit: 1002
i embezzled the air i breath from the sky !
But hey maybe let's talk about Cryptsy ?
Class Action does any of you think this is actually going to happen ?
I don't think so and my opinions are important business !

The company is in Belize and their Canadian and US subsidiaries likely don:t have any assets. What lawyer would pay their own money to run a class action with the potential to make 30-50% of basically nothing.

Realistically, courts are not going to do anything for you. The only thing you might be able to do is file a complaint with the FTC in the US or similar. Keep in mind that cryptsy trades about 500 BTC/day on a good day. Their revenue is about 1% of that. It's a business that likely makes about  5 - 7 BTC/day if they are lucky (including sponsorship or whatever side deals). Nobody is going to put together a class action against $600k/year business. There's not likely much left after they pay salaries, expenses, buy equipment, etc.



hero member
Activity: 699
Merit: 501
Coinpanion.io - Copy Successful Crypto Traders
All withdrawals stucked, again, even if verified.
legendary
Activity: 1033
Merit: 1005
Sooo.. this is really just them coming in line with KYC and people having level 0 accounts....

MERICA

No... if they were coming into line with KYC they would require full identification verification for FIAT transactions, both incoming and outgoing...  oh wait, they do...

Well... then I guess if they're "coming in line with KYC" for non-FIAT transactions then they would limit all transactions to zero unless verified... since that's what KYC regulations state for the US...

Oh wait... they don't...  see above or below:




While KYC rules vary from country to country, the most stringent, which also happens to be the country of record for Cryptsy, is the US which states (taken from PwC's KYC guide):

Quote
Q8. Are there minimum transaction thresholds, under which customer due diligence is not required?
If Yes, what are the various thresholds in place?
A8. No - basic due diligence is required for all accounts/customers regardless of transaction amounts.

So... I raise my bullshit flag.

EDIT:  Also, "tier 1" is not KYC verification.  It's "tell me who you are and I'll trust you"...  so again... I raise my bullshit flag.
legendary
Activity: 1722
Merit: 1000
Sooo.. this is really just them coming in line with KYC and people having level 0 accounts....

MERICA
legendary
Activity: 3654
Merit: 8909
https://bpip.org
After one month today i got upgraded, i'm now trying to withdraw my money


Under your previous Level if you add up the days and the amount allowed, the funds withdrawn should have also been accrued vs time. So if you were only allowed $25 a day and you have waited a month you should all of the sudden be allowed to withdraw $750 since that transaction started 30 days ago. This means that by stopping a large transaction they now have to abide by their own timeline and apply it to that entire transaction. So if the transaction was $750 it would take 30 days to clear. They can't stop the transaction due to a limit, they can only start the timeline to the amounts they set per level. So this is illegal under their own statements if they didn't release the funds after X amount of days. You had a transaction and a level so they need to apply the time vs amounts to it and then allow it to be released after X amount of time.

So technically after this amount of time you should not have to upgrade or give your identity to get the total funds out. The time has passed and the transaction was started a month ago so they need to release the funds with no questions asked.

You seem to be confused. It clearly says that the monthly limit is $100, you can't claim it's $750 "under their own statements":



 


legendary
Activity: 1033
Merit: 1005
After one month today i got upgraded, i'm now trying to withdraw my money


Under your previous Level if you add up the days and the amount allowed, the funds withdrawn should have also been accrued vs time. So if you were only allowed $25 a day and you have waited a month you should all of the sudden be allowed to withdraw $750 since that transaction started 30 days ago. This means that by stopping a large transaction they now have to abide by their own timeline and apply it to that entire transaction. So if the transaction was $750 it would take 30 days to clear. They can't stop the transaction due to a limit, they can only start the timeline to the amounts they set per level. So this is illegal under their own statements if they didn't release the funds after X amount of days. You had a transaction and a level so they need to apply the time vs amounts to it and then allow it to be released after X amount of time.

So technically after this amount of time you should not have to upgrade or give your identity to get the total funds out. The time has passed and the transaction was started a month ago so they need to release the funds with no questions asked.

Good luck with that...  Just get your coin out slowly and bite the withdrawal fee bullet... then stop using craptsy.
legendary
Activity: 987
Merit: 1003
After one month today i got upgraded, i'm now trying to withdraw my money


Under your previous Level if you add up the days and the amount allowed, the funds withdrawn should have also been accrued vs time. So if you were only allowed $25 a day and you have waited a month you should all of the sudden be allowed to withdraw $750 since that transaction started 30 days ago. This means that by stopping a large transaction they now have to abide by their own timeline and apply it to that entire transaction. So if the transaction was $750 it would take 30 days to clear. They can't stop the transaction due to a limit, they can only start the timeline to the amounts they set per level. So this is illegal under their own statements if they didn't release the funds after X amount of days. You had a transaction and a level so they need to apply the time vs amounts to it and then allow it to be released after X amount of time.

So technically after this amount of time you should not have to upgrade or give your identity to get the total funds out. The time has passed and the transaction was started a month ago so they need to release the funds with no questions asked.
hero member
Activity: 699
Merit: 501
Coinpanion.io - Copy Successful Crypto Traders
After one month today i got upgraded, i'm now trying to withdraw my money
legendary
Activity: 1540
Merit: 1011
FUD Philanthropist™
i embezzled the air i breath from the sky !
But hey maybe let's talk about Cryptsy ?
Class Action does any of you think this is actually going to happen ?
I don't think so and my opinions are important business !
legendary
Activity: 1862
Merit: 1002
I think your wrong on all accounts and all i will say is Mark himself admitted the problem with the exchange
so it's funny i quoted mark basically and you then had to go on arguing with me LOL
everything i said came from Mark Kraples himself.

The root problem with Mt.Gox was that he was running a custom backend for Bitcoin confirmations.
eventually this came crashing down on him and became too much of a mess to deal with.. as HE said.
so embezzlement ?
i don't think so.. not technically until he closed the doors i think.

Think about it.. Gox was getting bigger and bigger and had to handle more and more confirmations.
When the backend was broken or unable to keep up then what do you do to keep the exchange running ?
It wasn't about embezzlement at all.

Beware arguing with me because i don't make baseless claims *usually LOL
90% of the time i just quote the source.. so take it up with them Mr. Contrarian

oh and.. "I had significant problems with them." also LOL
i had problems myself and proof of tons of others going through problems also.
The thing is ..the excuses they say (or lack of any excuse at all for problems / AKA: Classic Cryptsy silence / denial)

Cryptsy is notorious for doing anything they want with OUR money..
then saying nothing or simply mouthing you off when you ask what happened etc
But they all pull the same crap i have horror stories about all exchanges..

I stopped using BTER after 4 transfers in a row disappeared.
Each time i had to contact support and each time the only reply i got
was check your balance (where my coins would be added later)
and each time i would ask what happened and they would say nothing.
I have worst stories / experiences with them too.. they have stolen many BTC from me and others.

If you guys want to play fanboy and say "i never had a problem"
then count yourself lucky.. i've had lots, with pretty much all of them !

You can regurgitate all the transaction malleability stuff all you want, but that won't make it true. The fact is that Karpeles has been charged with embezzlement by the Japanese police. I live in Tokyo. He's in Jail maybe 30 minutes from my house. He was recently re-arrested for a second time to investigate whether the charges against him will be elevated because he evidently spent some of the money that he allegedly embezzled on prostitutes. Embezzling and spending the money on "social activities" carries stiffer penalties in japan. This is why this second arrest was significant. At the end of his current detainment, which can last up to 23 days without charges, the police may or may not file additional embezzlement charges against him.No offense intended, but at this point, I think the Japanese police probably know more about what Karpeles did or didn't do than you.

http://money.cnn.com/2015/09/11/news/mt-gox-mark-karpeles-embezzlement/
and
http://cointelegraph.com/news/115492/mt-goxs-karpeles-embezzled-funds-spent-on-prostitutes


Japan: Chapter XXXVIII Crimes of Embezzlement
http://www.oecd.org/site/adboecdanti-corruptioninitiative/46814456.pdf

Code:

Article 252: Embezzlement
1 A person who embezzles property in his/her possession which belongs to another,
shall be punished by imprisonment with work for not more than 5 years.

2 The same shall apply to a person who embezzles his/her own property when the
person has been ordered by a public office to hold the property in custody.

Article 253: Embezzlement in the Pursuit of Social Activities
A person who embezzles property which belongs to another in the person's
possession in the pursuit of social activities, shall be punished by imprisonment with
work for not more than 10 years.

Article 254: Embezzlement of Lost Property
A person, who embezzles lost property, drift property or any other property which
belongs to another person and is in no one's possession shall be punished by
imprisonment with work for not more than 1 year, a fine of not more than 100,000
yen or a petty fine.

Article 255: Application, Mutatis Mutandis
Article 244 shall apply mutatis mutandis to the crimes prescribed under this Chapter.


With regard to your baseless claims remark, I don't think your claims are baseless. I just think they are ill-informed.

With regard to cryptsy, yes - I agree with you. However, I do not know if the majority of problems people have with cryptsy are more attributable to carelessness or deliberate action. It's going to take time to find out.




legendary
Activity: 2340
Merit: 1292
Encrypted Money, Baby!
Spoetnik, don't get me wrong. Basically, I agree with quite all of your points.

What I don't understand is what made you deposit four times on an exchange like Bter. Maybe there was a time when it wasn't clear to all users that this exchange is more than shady, but if I have problems already twice with deposits or withdrawals, I'm done with that exchange.

It's not that there was a lack of alternatives to Bter. At all.
Jump to: