The Claimant discovered a website advertising the cryptocurrency investment platform late last year via a celebrity endorsed social media article. She subsequently set up an account and transferred her Bitcoin to those operating the platform in the belief that it would be invested on her behalf, accrue in value, and be released to her immediately on demand. However, when she sought to withdraw her initial investment and the reported profits, she was refused.
Subsequent investigations by intelligence and tracing firm, MITMARK, revealed that shortly after the Claimant deposited the Bitcoin, it was transferred out of the fraudster’s wallet without her knowledge or consent. Some of the Bitcoin was traced to a cryptocurrency end wallet at the Huobi exchange, while the remaining Bitcoin had been dissipated beyond trace.
Racheal advanced applications at an urgent ex parte hearing on 5th January 2022 before Mr Justice Lane for:
i) an interim injunction to prohibit the removal or disposal of the traceable Bitcoin;
ii) a worldwide freezing order specifically prohibiting the dealing in the outstanding Bitcoin in the end wallet, and assets up to its fiat value;
iii) a Bankers Trust disclosure order compelling Huobi to release payment-related information to assist with the identification of the persons unknown connected with the end wallets traced by MITMARK’s Head of Intelligence, Robert Moore;
iv) reporting restrictions to prevent tipping-off the fraudsters; and
v) permission to serve out of the jurisdiction by alternative means.
All applications were granted in full.
At the return date hearing on 20th January 2022, Racheal secured a further worldwide freezing order, interim injunction, and Banker’s Trust disclosure order, as well as the lifting of reporting restrictions, and ancillary service orders.