2022年3月30日星期三

Notice of Claims Process re: CFTC v. Digital Platinum

Commodity Futures Trading Commission v. Daniel Fingerhut, Digital Platinum Inc., et al.

Case No. 1:20-CV-21887-DPG (S.D. Fla.)

Notice: You May Have a Claim for Payment of Money from a Lawsuit

If You Transferred Funds to Any of the Binary Options Trading, Forex Trading, or Digital Asset Investment Platforms, Firms and/or Websites Marketed by Defendants (the "Investment Schemes")1 You May Be Entitled to Receive a Payment from Funds Recovered in this CFTC Enforcement Action.

Deadline for All Customers and Creditors to Submit Claims to the Receiver: May 1, 2022.

To learn more, read the “Legal Notice” section below.

Deadline to submit your claim: May 1, 2022.

If you don't submit your claim by May 1, 2022, you will not be able to get money from the lawsuit.

How to Submit a Claim:

  1. Click here or copy and paste this URL into your browser: www.digitalplatinumclaimsprocess.com
  2. Fill out your Proof of Claim Form, Upload Supporting Documentation, and click “Submit.”

1A list of the known Investment Schemes marketed by the Defendants is linked here. You may have an Allowed Claim even if you transferred funds to an investment scheme that is not listed on this Notice. This list may be updated as additional information is discovered. The most current version will be available for claimants to review as part of the online Proof of Claim and Release Form.

Legal Notice of Claims Administration Process and Plan of Distribution
Commodity Futures Trading Commission v. Daniel Fingerhut, Digital Platinum Inc., et al.
Case No. 1:20-CV-21887-DPG (S.D. Fla.)

What Happened in the Lawsuit? On November 17, 2021, the Court entered the Permanent Injunctions, granting the Receiver the powers of a full equity, Permanent Receiver over Defendants Daniel Fingerhut, Digital Platinum, Inc., Digital Platinum Ltd., Huf Mediya, Tal Valariola and Itay Barak (collectively, "Defendants"). The lawsuit is an enforcement action to stop Defendants from marketing the Investment Schemes and pay restitution to claimants defrauded by the Investment Schemes. The Court approved the Receiver's proposed Claims Process and Distribution Plan, which will allow potential claimants to file a Proof of Claim Form and receive a distribution from the Receiver's Distribution Fund if deemed to have an Allowed Claim.

What Do I Have to Do? To have an Allowed Claim, you have to fill out and submit the Proof of Claim Form. When you fill out the Proof of Claim Form, you have to promise under oath that these three things are true:

  1. You transferred funds to one or more of the Investment Schemes marketed or employed by Defendants,
  2. You are not affiliated with any of the Defendants, and
  3. You have not already received a return of funds exceeding the amounts you transferred to the Investment Schemes.

If you do not meet these three requirements, DO NOT submit a Proof of Claim Form.

You must submit the Proof of Claim Form by May 1, 2022. If you do not submit it by the deadline, you cannot get any money from this lawsuit.

How Do I Submit the Proof of Claim Form?

  1. Click here or copy and paste this URL into your browser: www.digitalplatinumclaimsprocess.com
  2. Fill out your Proof of Claim Form, upload supporting documentation such as credit card statements and bank statements showing each transfer of funds to the Investment Schemes listed on your Proof of Claim Form and disclose any return of funds you received related to those investments.
  3. Click “Submit.”

What Happens if I Submit a Proof of Claim Form?

  1. The Receiver will calculate how much money you are supposed to get from the lawsuit based on the amount you transferred to the Investment Schemes and whether you have already received any return of funds. That will be your Allowed Claim amount.
  2. A pro rata portion of the money you are owed will be paid to you from the Receiver's Distribution Fund. A pro rata payment means that all claimants will receive the same percentage of their losses based on the total amount of Allowed Claims and the total amount of funds in the Receiver's Distribution Fund.
  3. You will receive the money in the way you selected on the Proof of Claim Form using the payment information you gave on that Form.

Technical Support: For technical support in filling out the online Proof of Claim Form or submitting supporting documentation, please click here for Frequently Asked Questions or contact the Receiver's Noticing and Claims Agent here.

You may also obtain information regarding this claims process by:

  • Visiting the websites for this Receivership (www.digitalplatinumreceivership.com) and the Receiver's counsel (www.dvllp.com).
  • Submitting questions by mail to the Receiver at Damian & Valori LLP, 1000 Brickell Avenue, Suite 1020, Miami, Florida 33131.
  • Sending an email to the Receiver at cmurena@dvllp.com.

 
 
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