NFT Litigation Specialists
Begin briging or defending an nft claim Now!
To obtain an accurate, opinion from PAIL® Solicitors about your case or matter please contact us via the above form at (020) 7305-7491 or at peter@pailsolicitors.co.uk we would be delighted to assist you. PAIL® Solicitors is a digital technologies specialist. Peter Adediran's specialist niche areas of practice are digital media business SMEs and IP, both contentious and non-contentious. (Charge rates may vary).
What is Fraud?
Fraud involves intentionally taking financial advantage or gaining other benefits over another person or group through deception. It can manifest in various forms, including fake documents and false statements.
What are examples of NFT fraud?
Fraud, Misrepresentation, Authorisation
In 2019, a class action lawsuit saw cryptotraders suing Bitfinex and its sister company, Tether, for allegedly manipulating the market and causing losses exceeding USD 1 trillion. The traders claimed false information and other grievances. Poloniex and Bittrex later joined the lawsuit as defendants. The issuers of the USDT Stablecoin were ordered to provide documents proving that the currency was pegged to the US dollar. Although the parties settled the claims, this case should raise alarms for crypto exchanges and platforms. Any misrepresentation or unlawful conduct can lead to legal action in court. In cases of fraud, individuals could face criminal liability, which carries a minimum sentence of 10 years in prison if found guilty.
In the Ripple case, the courts examined whether crypto assets could be classified as securities. It is clear that issuers and platforms must carefully consider how authorities classify NFTs, crypto coins, and related blockchain technologies. As opportunities for crowdfunding, proof of ownership, profit sharing, and revenue generation increase, so do the legal and compliance risks.
Regardless of the blockchain or crypto asset project, critical legal issues in the UK require attention, particularly the classification of crypto assets as securities. Each blockchain-related crypto asset must be assessed on its merits by a qualified professional specializing in this area.
Fraudulent Advertising and Promotions
In 2022, the SEC fined Kim Kardashian £1.3 million for promoting EMAX tokens offered by EthereumMax without disclosing her payment for the promotion. The SEC classified EMAX tokens as securities because they were sold as investment contracts. Similar lawsuits are emerging worldwide. While purchasing anything of value constitutes an investment, it does not guarantee that the item is an investment. Whether an asset qualifies as an investment depends on the promises made by the vendor regarding that asset.