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Ukrainian businessman sued for fraud cryptocurrency Gram for $159 million

A group of investors (among them are companies from the Marshall Islands, United Arab Emirates and Liechtenstein) the lawsuit claims that the doctor convinced them to invest $15 million in cryptocurrency Gram, which intends to release the messenger Telegram Pavel Durov.

The money received Aluxes Holdings, which was to buy the tokens and hold cryptocurrency on behalf of the investors. The plaintiffs said that the doctor had deceived them, saying that he is not interested in investing in the Gram, and Aluxes will act just as an investment Fund. In fact, says the lawsuit, Korotkov had intended to assign bought with the investors ' money tokens. Investors claimed damages of $159 million — 10 times more than they invested.

The case against Valery Korotkov considers arbitration court of the UK. The suit was filed on 7 November.

forbes.ru/newsroom/biznes/388459-na-ukrainskogo-biznesmena-podali-v-sud-za-moshennichestvo-s-kriptovalyutoy

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Telegram requests 5-7 weeks to verify the data upon request to the SEC

The Lawyer's Telegram, Alex Drylewski said that if the case or the threat of an injunction will not be solved by the end of April, according to the terms of the private placement, the Telegraph will have to return the money to investors.

More: tginfo.me/tg-vs-sec-2020-en

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SEC has provided evidence of the sale of token-Telegram after expiry of $1.7 billion. ICO

Commission at the securities and exchange Commission (SEC) on Friday filed new documents against the Telegram, according to which the company was engaged in the sale of tokens after the end of ICO. Thus, the regulator seeks to prove that the application Telegram is no longer necessary in compliance with the requirements for the registration proposal is not baseless. Investment Fund Da Vinci Capital and the company Gem Limited has requested a reward of $209 783 and $1.1 million, respectively, for "post-sales" agreements for the purchase of tokens, the document says.

The arguments of the SEC in the case that the rule D Telegram measures must be taken, so that buyers did not sell securities for a Commission.

According to the regulator, companies that billed Telegram, violated this rule. In turn, the Telegram denies it, claiming that the fee was a fee for the search of funds for non-us individuals and legal entities for the provision of Gram to other investors.

In October last year, the SEC filed a lawsuit against the Telegram, demanding to cancel the launch of the TON. The next meeting in court between the parties to the case will be held on 18-19 February 2020.

coindesk.com/sec-produces-evidence-that-telegram-kept-selling-tokens-after-1-7b-ico

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Great analysis of litigation Telegram with the SEC

For those who are already entangled in lawsuits, court hearings and dates, most state the chronological progress of the conflict Telegram with the SEC.

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Telegram and the SEC asked the court to expedite consideration of the dispute on the cryptocurrency

The Commission on securities and stock exchanges of the USA and Telegram asked the district court of the state of new York to rule on their dispute in an expeditious manner, stated in the motions filed by the parties.

Position Telegram
According to Telegram, the decision to ban the production of Gram contradicts statements made by the SEC's desire to cooperate with the developers: "the regulator's Decision was criticized as legislators of the United States and one of the members of the SEC." The company also accused the SEC that the regulator failed to provide clear regulation in this area, and condemned her for the publication of the correspondence between the representatives of the Telegram and investors.

the position of the SEC
The SEC continues to insist that investors expect to earn on the resale of Gram to run TON, and the company Durova knew about the gray market. The SEC also accuses Telegram in selling tokens after the end of the collection investment.
And the main question: is Gram securities and, as a consequence, whether it's legislation on securities.

https://www.vedomosti.ru/technology/articles/2020/01/17/820816-sec-telegram

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Pavel Durov two days interrogated in Dubai

The interrogation, which was held on January 7-8 in Dubai, really took place. The Bell found the transcripts — the document says that the actor two days in a row was explaining to the SEC lawyers how much money he spent on the Telegram and TON, why the ICO decided to spend much spent on equipment and why not consider Gram securities.

Durov's position during the interrogation was the fact that Gram — not a valuable paper and digital currency, and a large number of investors needed to Finance the purchase of equipment, and in order to ensure the sustainability of the future blockchain platform. Team TON, according to him, it was necessary to attract a sufficient number of investors in order to launch blockchain at least some of them could become validators, at least two dozen.

https://thebell.io/pavla-durova-dva-dnya-s-pristrastiem-doprashivali-v-dubae/

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The SEC issued a new Memorandum, which refers to the doubt that the command of the messenger, in principle, prepared to launch the revolutionary blockchain in the form in which it was promised to investors.

In the new Memorandum, the regulator says: not the fact that TON, according to the developers, ready, because there's no proof. Moreover, even if something Telegram and ready, most likely, the product will not match the promises of the developers from white paper and other documents that are offered to investors. SEC this conclusion is made based on the opinions of experts.

Investors Telegram, spoke The Bell, I believe in the success of TON and are confident that the blockchain will be ready in time. That investors are not disappointed in the project, speak and vote, which Telegram held in October: the majority of individual investors and the funds agreed with the postponement of the launch in April and did not demand the return of their money.

https://thebell.io/sec-zasomnevalas-v-sposobnosti-telegram-zapustit-revolyutsionnyj-blokchejn/

Full version Memorandum in English document on @infotonen

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SEC issued a new Memorandum

In it the regulator has expressed doubt that the command of the messenger, in principle, prepared to launch the revolutionary blockchain in the form in which it was promised to investors.

In the new Memorandum, the regulator says: not the fact that TON, according to the developers, ready, because there's no proof. Moreover, even if something Telegram and ready, most likely, the product will not match the promises of the developers from white paper and other documents that are offered to investors. SEC this conclusion is made based on the opinions of experts.

Investors Telegram, spoke The Bell, I believe in the success of TON and are confident that the blockchain will be ready in time. That investors are not disappointed in the project, speak and vote, which Telegram held in October: the majority of individual investors and the funds agreed with the postponement of the launch in April and did not demand the return of their money.

https://thebell.io/sec-zasomnevalas-v-sposobnosti-telegram-zapustit-revolyutsionnyj-blokchejn/

Full version Memorandum in English document on @infoton

#TON #crypt #courts

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the hearings on the suit of the regulator to Telegram rescheduled for February 19

Federal court for the southern district of new York seized the Commission on securities and stock exchanges of the USA to the company Telegram Group Inc., postponed hearings on this case on February 19. This is evidenced by the materials submitted to the electronic database of the court.

Schedule court adjusted due to the fact that on 10 February, a ceremony of farewell to Federal judge Deborah Batts.

tass.ru/obschestvo/7718085

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the court for the southern district of new York has banned the transfer of tokens Gram buyers

https://tginfo.me/ton-vs-sec-2-2/

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Skadden letter to Court March 27, 2020.pdf
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A lawyer for the company, protecting the interests of the Telegram, Alex Drylewski, filed a request for clarification of the court's position.

To run a TON outside US jurisdiction it is important to clarify whether the prohibition of an agreement TON with investors outside the us jurisdiction.

He noted that more than 70% of the funds raised in TON received from investors located outside of U.S. jurisdiction.

#TON #courts

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SEC letter to court March 30, 2020.pdf
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SEC petitioned New York court

The SEC respectfully asks the court to reject Telegram’s attempt to limit the scope of the injunction only to the United States and recognize the ban on the distribution of tokens among individuals and legal entities of any jurisdiction.

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Skadden letter March 31.pdf
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The lawyer sent a Telegram letter to the US court in which he responded to claims by the SEC, and indicated that the SEC incorrectly interpreted the law and history, and noticed that the company has the authority to clarify the scope of the injunction, citing examples of candidates in American jurisprudence.

Telegram claims that the preliminary injunction could not apply to agreements with foreign investors, who are outside the United States, as attracted by a foreign Issuer, the foreign investor, and acts of foreign law.

The securities laws may not apply to these transactions. Claiming the opposite, the SEC is seeking improperly to spread Federal securities laws for foreign transactions, where the only conceivable connection to the US is the probability that the instruments can be purchased by buyers in the United States in the future.

In accordance with the prohibitions Telegram acknowledges the ban on the delivery Gram buyers in the United States.

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in the United States Court refused Telegram in the explanation of the ban on the transfer of tokens and it's not a joke

Judge for the southern district of new York Kevin castle otklonil the request Telegram the lifting of the temporary ban on the issuance of tokens Gram for non-us investors. It is not convinced by the assurances of the defendant that the coins will not fall into the hands of US residents on the secondary market.

The judge noted that the lawyers of the company a few months ago, I was made aware of the provisions of a possible ban on the transmission of tokens, but do not bother to seek clarification or to challenge any points. As suggested by Castel, Telegram cannot guarantee that the Gram buyers outside the USA will not sell tokens to American investors.

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TON will develop in spite of a court ban on the distribution of tokens

on 7 may, the company Telegram signed an agreement, which obliges it to provide the SEC with all requested financial information until may 20.

Telegram agreed to provide the Commission on securities and exchange Commission (SEC) for more information about the sale of tokens Gram in 2018. This will include information about any agreements with the initial investors Telegram Open Network, and additional Bank information.

In addition, Telegram is committed to responding to any questions the SEC related to previously provided information. The company also needs to disclose all the offers made to investors in the course sale Gram.

The lawyer defending the interests of the Telegram, Alexander Drylewski, proposed a variant in which the Telegram will continue to work, in spite of the injunctions of some parts of the plan, and to implement the plan as a whole. He painted a picture in which the developers continue to work on applications and smart contracts, blockchain TON, a Gram is becoming the "new cryptocurrency to the mass market" as opposed to Ethereum or Bitcoin.

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the Telegram Lawyers withdrew an appeal against the ban on the sale of tokens in USA

Judge Kevin Castel seized of the securities Commission in March for an indefinite period forbade the company to sell Gram and pass tokens to those who bought them in 2018, according to the results of primary placement. The company's lawyers in late March challenged the ruling in the court of Appeals for the Second circuit of the United States.

In base of both ships received a notification, from which it follows that the "appeal withdrawn". The document States that this decision was taken by agreement of the parties. Other details are not given.

tass.ru/ekonomika/8549767

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SEC and Telegram have agreed to a settlement

This follows from a letter to SEC judge Kevin Castelo, who led the case. A copy of the letter from The Bell. Telegram undertook to abide by the conditions issued by the Commission.
The court ordered the Telegram to return $1.22 bln buyers of tokens Gram.

The company gathered during ICO $1.7 billion.
Telegram (in the face of their companies Telegram Inc. TON and Issuers) have pledged not to violate the securities Act from 1933 in those parts, which, in the opinion of the SEC, was violated during the ICO.

Within three years, the Telegram shall within 45 days notify the SEC prior to release of certain digital assets.
Telegram will pay the SEC a fine of $18.5 million.

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