I assume this is the Brian Cartmell who owns Bitcoin Ltd, ZiptBit Ltd and BitPal Ltd.
http://www.cartmell.co.nz/
It was inevitable that someone would go after Intersango as there is no reason to believe that Bitcoinica Consultancy Ltd has any assets. As Wendon is a shareholder in Intersango (from the Company House documents which were linked the other day, Amir appears to be Intersango's only director) and is also likely to file an action against the Consultancy and the Consultancy directors as individuals, this could get interesting. I notice that while Intersango is named as a defendant, Bitcoin Consultancy is not.
Topic: World's First Bitcoin Lawsuit - Cartmell v. Bitcoinica - page 6. (Read 18754 times)
Wasn't Tradehill sueing Dwolla a while back?
Yeah, but that didn't directly involve bitcoins, like this one does. hero member
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Wasn't Tradehill sueing Dwolla a while back?
Based on cursory reading, they are going after Bitcoinica, Intersango, an Intersango trio personally. Alleging consipracy, breach of contract, negligence and conversion. It does appear that the lawsuit has merit. I would guess defendants will not be able to defend it effectively. Expect some company liquidations and personal BKs to be result of this legal action. Whether all money will be recovered by claimants is not that clear yet.
https://docs.google.com/open?id=0B_ECG6JRZs-7dTZ5QS0xcUkxQjQ
Filed August 6th in the Superior Court of California, County of San Francisco: http://webaccess.sftc.org/Scripts/Magic94/mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&ARGUMENTS=-ACGC12522983
CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF CARTMELL, BRIAN MCCALEB, JED POWELL, JESSE VER, ROGER AS TO DEFENDANT BITCOINICA LP, ALSO KNOWN AS BITCOINICA BITCOINICA CONSULTANCY LTD INTERSANGO LTD. NORMAN, DONALD STRATEMAN, PATRICK TAAKI, AMIR DOES 1 THRU 100, INCL. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-09-2013 PROOF OF SERVICE DUE ON OCT-05-2012 CASE MANAGEMENT STATEMENT DUE ON DEC-26-2012
Other discussions: http://www.reddit.com/r/Bitcoin/comments/xv9rb/worlds_first_bitcoin_lawsuit_cartmell_v_bitcoinica/
EDIT:
It should be known that the four plaintiffs had previously attempted to expedite the claims process and proposed a settlement agreement with Bitcoinica that would have granted a limited period of time to complete the claims, a much larger margin for error, and immunity: https://docs.google.com/open?id=0B_ECG6JRZs-7SXFtdG1QXy1uSnM
Discussions began at the end of June, and while Tihan and Zhou were very cooperative and seemed to genuinely want what was in the best interest of the Bitcoinica users, Donald, Patrick and Amir were not taking the situation seriously. Soon, those three stopped responding to communications altogether and on July 9th, 2012, we presented them with the settlement offer. Tihan and Zhou (unfortunately, powerless) were again keen to take the offer, however, Donald Patrick and Amir declined.
Whether it's relevant or not, I don't know:
July 7th - Amir released the Bitcoinica source code
July 11th - Amir announces Mt.Gox account theft.
Filed August 6th in the Superior Court of California, County of San Francisco: http://webaccess.sftc.org/Scripts/Magic94/mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&ARGUMENTS=-ACGC12522983
CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF CARTMELL, BRIAN MCCALEB, JED POWELL, JESSE VER, ROGER AS TO DEFENDANT BITCOINICA LP, ALSO KNOWN AS BITCOINICA BITCOINICA CONSULTANCY LTD INTERSANGO LTD. NORMAN, DONALD STRATEMAN, PATRICK TAAKI, AMIR DOES 1 THRU 100, INCL. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-09-2013 PROOF OF SERVICE DUE ON OCT-05-2012 CASE MANAGEMENT STATEMENT DUE ON DEC-26-2012
Other discussions: http://www.reddit.com/r/Bitcoin/comments/xv9rb/worlds_first_bitcoin_lawsuit_cartmell_v_bitcoinica/
EDIT:
It should be known that the four plaintiffs had previously attempted to expedite the claims process and proposed a settlement agreement with Bitcoinica that would have granted a limited period of time to complete the claims, a much larger margin for error, and immunity: https://docs.google.com/open?id=0B_ECG6JRZs-7SXFtdG1QXy1uSnM
Discussions began at the end of June, and while Tihan and Zhou were very cooperative and seemed to genuinely want what was in the best interest of the Bitcoinica users, Donald, Patrick and Amir were not taking the situation seriously. Soon, those three stopped responding to communications altogether and on July 9th, 2012, we presented them with the settlement offer. Tihan and Zhou (unfortunately, powerless) were again keen to take the offer, however, Donald Patrick and Amir declined.
Whether it's relevant or not, I don't know:
July 7th - Amir released the Bitcoinica source code
July 11th - Amir announces Mt.Gox account theft.
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