Topic: Lawsuit Against Bitfloor/Roman (Read 1332 times)

oh ok.
that is good to hear.

why did people start to use them after  the hack anyways ?

Are they still in business ? Not a lot of these threads, kind the only one so I guess they are and just a few people having problems ?

AFAIK Bitfloor was only hacked once.

was 24k when the got hacked dare I say, the first time ? Or from the sounds of it their have been multiple hacks ?

They didn't leave an unencrypted wallet.dat lying around again... did they ?

https://twitter.com/defunctzombie/status/479359825113919489

Everyone should tweet reply "whoever let 24k BTC be stolen from bitfloor.com should never be allowed near the internet again"

Just want to point out I am no defending Roman and you may have a case but understand from a legal point of view Roman doesn't owe you a single penny (yet).  Bitfloor, LLC a limited liability company registered in New York owes you (and others) money.   Maybe bitfloor has run out of money.   In which case your judgement against bitfloor while successful is ultimately of no value.

To pierce the corporate veil and go after an officer of a corporation personally is a very high burden in the US.  It generally requires an irrefutable overt act of fraud or gross negligence.

I am not saying don't file a suit.   The good news is that a suit in small claims court is a nominal fee and doesn't require legal counsel.  You have no direct standing to sue Roman though the first step would be to sue bitfloor and have a judgement entered against the company.  However it bitfloor is insolvent you would then need to pierce the corporate veil and that is going to require a real legal team and discovery to obtain evidence.   A judge is going to want to hear about specific overt acts and see evidence to support them.  Simply being a horribly bad business person who mismanaged a company into the ground is not a criminal act.

This may seem surprising but legally not paying someone you owe money isn't fraud.  If it was then the jails would be full of delinquent debtors.   The court can award a judgement of damages to protect the claim of a creditor but understand as of right now bitfloor not Roman owes you.  It would be up to you in court to prove that he acted fraudulently so the court would rule the corporation does not protect his actions and makes him personally liable for the damages.  Then your claim (already secured by a judgement against bitfloor) could transfer to him personally.

 

Surely though there is clear evidence of fraud though... I mean, he owes money and is deliberately failing to pay solely because he feels no-one will do anything about it. I am aware of corporate liability rules, but in this case wouldn't Roman be criminally liable?

Before people throw good money after bad you may want to consider that bitfloor is the operating entity and Roman the owner and employee.  Corporate shield is pretty tough in the US.  You can file suit against bitfloor but that is only useful if you genuinely believe bitfloor has piles of cash and is simply not paying.   A judgement against an insolvent company is nearly worthless.   Liability doesn't pierce the corporate shield unless you can prove an overt act of fraud.   Prove doesn't mean internet "we all know he did it", it means beyond a preponderance of evidence by the rules of evidence in a court of law.

Yeah, Roman is an incompetent asshole. I contacted him on twitter and he blocked me. He should be in jail, but the next best thing would be serving him with a lawsuit. I think he'd probably settle due to the small amount.

This should be sufficient to make my case that the ability to withdraw is guaranteed:

Usually I keep a copy of the terms when I join. But I don't have any for Bitfloor. Maybe they don't have any. Try https://bitfloor.com/docs/.

I lost 1k usd at bitfloor attempting to withdraw right before they closed. I did the refund process later and did not get my refund and no responses to emails.

I deposited a small amount of money in Bitfloor and still have not received a refund despite having provided the information required for a withdrawal. I am wondering if anyone has access to their terms and conditions from before they shut down. I am also wondering if anyone knows if I can sue Roman in Texas courts or if Bitfloor has/had a jurisdiction clause.

I am thinking it might be an easy case in small claims court since there was a clear implied contract that my funds could be withdrawn, and Roman or what is left of Bitfloor not only still has my money against my wishes, but is not communicating. Or maybe I could file a criminal complaint?

I don't care as much about the money as about the clear and blatant wrongdoing.

Any advice would be appreciated.