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New York AG Pushes Back Against DCG, Silbert’s Motion to Dismiss Fraud Case

New York Attorney General Letitia James is not backing down from her lawsuit against Digital Currency Group, its founder and CEO Barry Silbert, and Soichiro “Michael” Moro, the former CEO of DCG’s wholly-owned crypto trading arm, Genesis.On Tuesday, James’ office filed a motion in opposition to DCG’s, Silbert’s and Moro’s motions to dismiss the case filed in March.Along with crypto exchange Gemini, James’ office has accused Genesis, DCG, Silbert and Moro of defrauding investors by working together to cover up a gaping $1 billion hole in Genesis’ balance sheet caused by the wipe-out of Singapore-based crypto hedge fund Three Arrows Capital (3AC). At the time of its implosion, 3AC was Genesis’ second-largest borrower.According to James’ October suit, Genesis and DCG made “false assurances” on Twitter that DCG had absorbed Genesis’ losses, designed to put investors at ease and prevent them from calling in their open loans. But instead of actually covering Genesis’ losses, DCG allegedly just wrote its subsidiary firm a promissory note – essentially an IOU meant to create the appearance of liquidity – pledging to pay Genesis $1.1 billion over ten years at 1% interest.DCG, James’ suit alleges, “never made a single payment under the Note.” In November 2022, Genesis halted withdrawals and declared bankruptcy two months later.DCG and Silbert have denied that the promissory note was a sham. In their motions to dismiss, lawyers for DCG and Silbert claimed that the note was fully vetted and binding, adding that, in addition to the note, DCG transferred hundreds of millions of dollars and assets into Genesis to fill the hole in its balance sheet. The tweets reassuring investors of Genesis’ “strong” balance sheet, they argued, were simply “corporate puffery” – not lies.James’ latest motion argues that the tweets weren’t simple puffery: they were “misrepresentation of existing facts” made to “mislead the investing public” – a violation of New York’s strict anti-fraud law, the Martin Act.Read more: Digital Currency Group Files for Dismissal of New York Attorney General’s LawsuitMidnight strategy meetingIn a transcript of a late-night June 15, 2022 Microsoft Teams chat attached to James’ motion, Silbert, Moro and various high-level Genesis executives strategized about how to respond to investors in the wake of 3AC’s collapse.“I know I sound like a conspiracy theorist but I’m very concerned about any leakage of our overall net position,” then-Managing Director Matthew Ballensweig, wrote in the 16-person chat.“I agree with the caution,” Moro responded.Later that night, after some members of the team had a call to discuss the 3AC situation, another employee, Genesis’ managing head of trading Michael Paleokrassas, wrote to say:“Not sure anyone is awake, but starting to see a steady flow of calls starting.”The next morning, another employee said, “We’ve been defen[d]ing the castle all night and day on [the] phone with depositors, prospects, etc.”Silbert chimed in, saying: “Is there anything we/DCG can do to further install confidence in genesis…the word on the street is that genesis is the 'blue chip' in this mess. We need to continue to perpetuate that of course.”James’ suit alleges that these conversations were part of a “concerted misinformation campaign to conceal Genesis’ financial weakness to induce investors to continue supplying cryptocurrency to Genesis”A representative for DCG declined to comment on the NYAG's latest motion, stating the company's stance on the matter "remains unchanged" from the position illustrated in DCG and Silbert's motions to dismiss, and calling the suit "meritless."“Circle of Trust”The newly-released Microsoft Teams chats expand on previous examples of Silbert, Moro and other employees strategizing internally to prevent word of Genesis’ problems from leaking to investors, while publicly tweeting that everything was fine, James' lawsuit alleged.In Silbert’s own motion to dismiss, his lawyers attached emails and instant messaging threads showing his response to the fallout from 3AC’s collapse. In one, Silbert said “we are all focused on making sure that the trust and confidence in Genesis remains high because we can’t risk money leaving Genesis and depleting [DCG’s] liquidity.”He added that “even though [DCG’s] liquidity is super super strong right now” the hole in Genesis’ balance sheet is “super confidential/sensitive stuff, so please don’t share with anybody” outside of “the circle of trust.”Three days after that, on June 24, 2022, Silbert told colleagues: “We just can’t allow people inside or outside [to] question Genesis’ solvency.”Martin Act Violations?James’ motion of opposition re-asserts her office’s claim that “each of the DCG defendants” – meaning DCG, Silbert and Moro – were well aware of the allegedly fraudulent practices being committed to make Genesis look solvent, a violation of New York’s strict anti-fraud law, the Martin Act.“The DCG Defendants were actively involved in Genesis’ day-to-day affairs…including attending daily meetings to discuss Genesis’ communications with its investors,” the motion alleges.The Martin Act broadly prohibits any fraudulent business activities relating to the purchase, exchange, promotion, advertisement or sale of any securities or commodities.The NYAG's office has pursued cases against a number of crypto companies and entities under this law, including its 2019 inquiry into Tether and Bitfinex.

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    CRYPTO SCAM RECOVERY SUCCESSFUL – A TESTIMONIAL OF LOST PASSWORD TO YOUR DIGITAL WALLET BACK. My name is Robert Alfred, Am from Australia. I’m sharing my experience in the hope that it helps others who have been victims of crypto scams. A few months ago, I fell victim to a fraudulent crypto investment scheme linked to a broker company. I had invested heavily during a time when Bitcoin prices were rising, thinking it was a good opportunity. Unfortunately, I was scammed out of $120,000 AUD and the broker denied me access to my digital wallet and assets. It was a devastating experience that caused many sleepless nights. Crypto scams are increasingly common and often involve fake trading platforms, phishing attacks, and misleading investment opportunities. In my desperation, a friend from the crypto community recommended Capital Crypto Recovery Service, known for helping victims recover lost or stolen funds. After doing some research and reading multiple positive reviews, I reached out to Capital Crypto Recovery. I provided all the necessary information—wallet addresses, transaction history, and communication logs. Their expert team responded immediately and began investigating. Using advanced blockchain tracking techniques, they were able to trace the stolen Dogecoin, identify the scammer’s wallet, and coordinate with relevant authorities to freeze the funds before they could be moved. Incredibly, within 24 hours, Capital Crypto Recovery successfully recovered the majority of my stolen crypto assets. I was beyond relieved and truly grateful. Their professionalism, transparency, and constant communication throughout the process gave me hope during a very difficult time. If you’ve been a victim of a crypto scam, I highly recommend them with full confidence contacting: 📧 Email: [email protected] 📱 Telegram: @Capitalcryptorecover Contact: [email protected] 📞 Call/Text: +1 (336) 390-6684 🌐 Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 14.10.25 08:46 robertalfred175

    CRYPTO SCAM RECOVERY SUCCESSFUL – A TESTIMONIAL OF LOST PASSWORD TO YOUR DIGITAL WALLET BACK. My name is Robert Alfred, Am from Australia. I’m sharing my experience in the hope that it helps others who have been victims of crypto scams. A few months ago, I fell victim to a fraudulent crypto investment scheme linked to a broker company. I had invested heavily during a time when Bitcoin prices were rising, thinking it was a good opportunity. Unfortunately, I was scammed out of $120,000 AUD and the broker denied me access to my digital wallet and assets. It was a devastating experience that caused many sleepless nights. Crypto scams are increasingly common and often involve fake trading platforms, phishing attacks, and misleading investment opportunities. In my desperation, a friend from the crypto community recommended Capital Crypto Recovery Service, known for helping victims recover lost or stolen funds. After doing some research and reading multiple positive reviews, I reached out to Capital Crypto Recovery. I provided all the necessary information—wallet addresses, transaction history, and communication logs. Their expert team responded immediately and began investigating. Using advanced blockchain tracking techniques, they were able to trace the stolen Dogecoin, identify the scammer’s wallet, and coordinate with relevant authorities to freeze the funds before they could be moved. Incredibly, within 24 hours, Capital Crypto Recovery successfully recovered the majority of my stolen crypto assets. I was beyond relieved and truly grateful. Their professionalism, transparency, and constant communication throughout the process gave me hope during a very difficult time. If you’ve been a victim of a crypto scam, I highly recommend them with full confidence contacting: 📧 Email: [email protected] 📱 Telegram: @Capitalcryptorecover Contact: [email protected] 📞 Call/Text: +1 (336) 390-6684 🌐 Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 18:07 crypto

    Cryptocurrency's digital realm presents many opportunities, but it also conceals complex frauds. It is quite painful to lose your cryptocurrency to scam. You can feel harassed and lost as a result. If you have been the victim of a cryptocurrency scam, this guide explains what to do ASAP. Following these procedures will help you avoid further issues or get your money back. Communication with Marie ([email protected] and WhatsApp: +1 7127594675) can make all the difference.

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

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