A Brazilian went to court to urgently request the blocking of his Bitcoins (BTC), after he noticed a movement in the digital wallet of the Blockchain.com website in which part of his digital assets had been transferred to other addresses, belonging to the Binance and Huobi.
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The 19 BTC lost by the Brazilian, at the current market value, is equivalent to about R$ 4.4 million. The situation occurred in January 2021, and was recently analyzed by the Court of Justice of Mato Grosso do Sul. The amount requested in the indemnification of the action is R$ 4.6 million.
According to the lawsuit, the Brazilian realized that the amounts extracted from his wallet were sent to the Binance and Huobi exchanges, with approximately 12.6 BTC (R$2.8 million) going to the former and 2.5 BTC (R$585 million). thousand) to the second (the nearly 4 BTC missing to make a total of 19 are not mentioned in the lawsuit). With that, he asked in court for both platforms to be officiated to suspend any trading with these amounts.
In the order on the case published on Monday (10), Binance claims that it is not at fault in what happened, since the administration of the resources was the responsibility of Blockchain.com. In addition, the exchange claims that there are no legal requirements for blocking amounts requested by the author, as it has no obligation to indemnify him in the situation.
As for the Huobi exchange, the order published on Monday (10) does not contain any manifestation of it.
Justice does not accept emergency block
In Reviews of the request for urgency, Judge Deni Luis Dalla Riva, published in this Monday’s order (10), did not understand that there were reasons to approve the injunction, stating that the author of the process was unable to prove the link between Binance and Huobi to his detriment. , so that there is no way in an urgent request to block values at brokerages that only received the values.
In addition, the magistrate pointed out that there were no urgent elements in the request, and it must be analyzed with the hearing of both parties, since the case took place in January 2021, but the action was only opened in August of the same year.
However, even with the denial of the urgent request for the blocking of assets, the judge asked the Brazilian responsible for the action to send a letter to both Binance and Huobi, requesting that the response contain information about the holders of the wallets that received the amounts extracted from the Blockchain.com wallet.
For the lawyer specialized in cryptocurrencies Artêmio Picanço, responsible for defending the Brazilian investor in the process, in a statement to the website Livecoins, the judge’s decision is satisfactory, since what his client and he really want is information about who received the cryptocurrencies.