I all,
I want to share my experience.
I made a complaint through CYCO in
http://www.cybercrime.admin.ch/kobik/en/home.htmlThey responded as follows:
Dear Mr. yyyyy,
These last months, CYCO has received a significant number of claims regarding the website bitmine.ch owned by the company Bitmine AG. It seems that the company is experiencing troubles to delivering their customers’ orders and promises reimbursements. After some research, it appears that many other clients complained about the same problem in discussion forums over the Internet. CYCO has already reported this case to the police and public prosecutor of canton of Ticino.
In principle, under Swiss law, a delay in delivery does not necessarily constitute a criminal behavior of the seller. A purchase on the Internet creates primarily a contractual relationship (object against the sale price). If delivery is not made, the Swiss contract law gives buyers different ways to act. They can especially give the seller more time and if it still does not execute the delivery, they can cancel the contract. There is fraud (art. 146 of the Swiss criminal code), and thus a criminal behavior, when the seller has the view to securing an unlawful gain for himself or another willfully induces an erroneous belief in another person by false pretences and thus causes that person to act to the prejudice of his or another’s financial interests. In certain circumstances, courts require a prior verification of the real intention of the seller.
Therefore:
- in any case, you can act through the civil process, but most of the time it will need a lawyer due to the difficulties of the civil procedure (applicable law? Competent jurisdiction?);
- if the conditions of fraud are fulfilled according to Swiss law (art. 146 CP), you have the possibility to file a complaint to the public prosecutor of canton of Ticino (Ministero Pubblico, via Pretorio 16, 6900 Lugano). You will have to give all available information’s and clearly explain the case (name, address, facts, documents, etc.);
- You may have also the possibility to contact the competent authorities of your country to file a complaint in your country.
Resuming I think the best way is participate the case demonstrating that was a fraud and not a delay to:
- To your country authorities and interpol.
- And the most important, complaint to the public prosecutor of canton of Ticino (Ministero Pubblico, via Pretorio 16, 6900 Lugano).
We have to do that very well because Giorgio Massarotto is coming here reading and posting on the forum with another username and is well prepared to continue scammed us.
You guys do not give up or never will see your money back.