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25 de Fevereiro de 2020

How to Recover Your AWS Mining Investment

Brief analysis of legally relevant facts


AWS MINING has emerged from the cryptocurrency mining market by claiming to have its own technology, claiming to control every step so that the customer / consumer can mine remotely by investing in mining power (CMP).

Headquartered in Sydney, Australia, AWS MINING, founded by partners Daniel Beduchi, Eric Mu, Alexandre Campos, and Tiago Kirsten, showed business differentiation through the cloud cryptocurrency mining model, making it easy for its clients / consumers to double their capital starting at $ 40Mining activity would be exercised through mining pools or otherwise known as Mining Farms. Thousands of cryptocurrency mining machines such as Biticoin, Ethereum, Litecoin and Bitcoin Cash are stored in these complexes.

This seemingly effective business plan has earned its business credibility by the appearance of legality by having Australian ASIC authorization to function.AWS MINING also demonstrated business growth and stability by maintaining and opening offices in China and Hong Kong, as well as mining farms located in Huaibei (China), Ingushietia (Russia): Hebei (China), Inner (Mongolia) Sichuan (China) and Cidade del Este (Paraguay), as announced in its marketing and social networking plan.

The expansion of the business in several countries occurred through the practice of Multilevel Marketing (MMN) called "Affiliate Program", in which the investor / client wins by inviting other investors to be part of the business group. Relying on the system of binary referral bonuses and performance bonuses, the investor would be entitled to one award at each level / degree achieved. Today this practice is believed to be a financial pyramid scheme to attract new investors / clients and increase the company's profit.

The mining earnings strategy worked like this: With the capital invested, AWS Mining acquired equipment to mine cryptocurrencies and with mining profit paid the rentability of mining power to customers. The rest of the profit was distributed to multilevel marketing bonus payments, with a small portion of it earmarked as an administrative fee.

Initially, the proposal to double investments was estimated at a gain of 16% per month, which period of 12 to 14 months would reach a ceiling of 200% return and daily withdrawal allowance starting at $ 30. With the release of dollar profitability in a digital account, the customer could accrue payments to purchase new packages or choose to settle with the withdrawal in bitcoins.

Importantly, the company AWS MINING, conditioned the possibility of withdrawal of its income to the maintenance of account in the digital wallet (wallet) of MYCOINDEAL, a company incorporated in Brazil and headquartered in Florianópolis (SC), having as partners the same partners of the company. AWS MINING, based in Sydney, Australia.

UNDERSTANDS THE COMPANY CLOSURE

On March 29, 2019, AWS MINING reported an alleged fire on its mining farm in Ciudad del Este, Paraguay.

According to an official statement from AWS MINING, through its partners and managers, the fire occurred between 2 pm and 4 pm and destroyed thousands of machines and servers, causing a loss of nearly $ 5 million. So far the real reason behind the incident is unknown. In fact, it is not even known if the fire actually occurred.

After that, AWS MINING terminated its activities in Brazil without providing clarifications and / or promoting due process of bankruptcy and judicial recovery, pursuant to the laws in force. In addition, it has blocked the vast majority of investments made by its customers / consumers in its platform.

On April 4, 2019, MYCOINDEAL announced news of a business relationship breach with AWS MINING:

Informative

Dear customer,

In due course, we make the necessary communication and clarification that "MCD" has ceased the partnership relationship, which it temporarily developed with AWS Mining.

For further information, please contact AWS Mining at ww.awsmining.com.

To take stock of the damage and impact on their services, companies announced in conjunction with the fire news that they would temporarily suspend some processes of their system, adding that customers / consumers should not worry because “the rewards will continue to accrue to your accounts.”

We hope to resume normal activity again in a week or two. We urge you to be patient as we work carefully to ensure that any damaged servers or machines are quickly replaced.”

AWS MINING stated in the news release that all other economic group mining farms would be safe and operating as expected.

However, even before this incident, AWS MINING was no longer paying some investors / customers, and the digital wallet MYCOINDEAL, which was succeeded by WALLET AWS MINING, was no longer looting the bitcoins there.

The Complain Here website (https://www.reclameaqui.com.br/) features reports of people claiming they have been unpaid since November 2018. Despite having hundreds of complaints the AWS MINING Company didn't bother to answer any of them and earned the title of "non-recommended company" by the site.

Still in April 2019, AWS MINING no longer made payments to investors, terminated all contracts for "lack of profitability" and even blocked any form of withdrawal from the platform, including existing balances at WALLET AWS MINING (sole means withdrawal of proceeds from the mining service).

To everyone's surprise, in June 2019, AWS MINING, in a new statement, sought to exempt itself from any contractual obligation to return the amounts paid by investors, alleging that there is no guarantee of return on investments.


Important Information on AWS MINING CMP Contracts

June 2019

Dear Customers,


This press release is intended to clarify certain points regarding AWS MINING's CMP contracts.


As already informed by email, some CMP contracts were terminated (pursuant to clause 8.4), which impacted our customers, who had not yet recovered the amount paid by them, as well as the AWS MINING earnings, as the company no longer receive fees for these services.


In addition, there was the fire in late March 2019, which destroyed one of our partner mining farms in Paraguay, and a failure in our Affiliate Platform. This failure allowed some of these to manipulate amounts in their accounts, generating nonexistent balances and commissions. Other Affiliates have also committed fraud using these balances to purchase CMP Mining Agreements and to withdraw money from unredeemed cryptocurrencies. Last but not least, minor system breaches during routine maintenance processes allowed criminals to manipulate withdrawals from the platform to their external wallets, so large amounts of balances were withdrawn without authorization, causing major damage to AWS MINING.


Therefore, AWS MINING would like to take up and clarify the following points:


RETURNS ARE NOT GUARANTEED


It is important to reiterate that returns are not guaranteed with cryptocurrency mining, as mining difficulty and pricing are factors that determine mining rewards and, unfortunately, there is no way to control these. All AWS MINING customers have accepted this risk by purchasing CMP contracts as specified in the contracts.


AWS MINING ACT IN ACCORDANCE WITH LAW


Throughout AWS MINING's years of existence, our customers have had great advantages in the world of cryptocurrencies and the company has always operated in accordance with the law. Currently, our global lawyers are working with different regulatory bodies in various countries to ensure proper law enforcement in our industry and to protect clients. This is our commitment: to ensure that consumers are protected, that responsible innovation continues and that people who commit fraud are punished.


BEWARE OF FAULT RETURN AND RECOVERY PROMISES


We are deeply disappointed to see unscrupulous affiliates, who have benefited greatly from AWS MINING's business model, now trying to take advantage of others with misleading information. These dishonorable affiliates are setting up websites and collecting money from innocent people under the false promise that they can be reimbursed for their contracted amounts. The AWS MINING CMP agreement is very clear in Clause 6, which states: "No Warranties." In addition, Clause 8.4 states: "A CMP Agreement terminates automatically when the Service Fee is greater than the value of the Mined Cryptocurrency." Therefore, based solely on these two clauses, customers are not entitled to a refund, and should be aware if otherwise informed by others.


THREATS OF VIOLENCE AND MORAL DAMAGE WILL BE ACTIONED JUDICIAL


It has also come to our attention that there are reports of affiliates receiving death threats and acts of violence. Be aware that these behaviors will not be tolerated. We encourage all affiliates who are threatened by someone to contact the local police as a matter of urgency.AWS MINNIG has a Zero Tolerance Policy against such conduct and will use its best efforts to prosecute anyone attempting to promote violence and / or moral harm to any individual, or our company.


GREAT OPTIONS TO REDUCE LOSSES WITHOUT ADDITIONAL COSTS


Please note that if your CMP contracts were terminated due to lack of profitability (Clause 8.4), you may now write to contact@awsmining.com to request a review of your AWS MINING account. There are great options that will allow you to remedy any losses without additional costs.


Our support team is on hand to help you and we look forward to continuing to do good business together.


Sincerely,

AWS MINING TEAM

Later, in June 2019, AWS CAPITAL GROUP posted the following note on its official website (https://awscapitalgroup.zendesk.com/hc/en-gb/articles/360029862491-Information%C3%A7%C3%B5es -Important ...:


"We are very pleased that we at AWS MINING report that from May 1, 2019 we will resume sales of our mining products. The past few months have been very challenging for all of us. Since we have been called to provide clarification to Texas State regulators until the sharp drop in cryptocurrency prices on November 11 of the same month, resulting in a significant reduction in mining revenues for all miners.


" Although barred from operating in the US they will not give up promoting the scam in the rest of the world. "What we are about to reveal is the result of a lot of study, market analysis, legal reviews and collaborations by the world's top cryptocurrency industry professionals. We are launching an innovative and unpublished 'FULL MINING SERVICE' so you can own the your own mining machine from the comfort of your own home without having to worry about market research, negotiations with suppliers, importing, installing and maintaining your equipment. AWS MINING will provide the best machine models with hosting service, at a competitive price on a simple, easy-to-use platform, plus instant withdrawals to your preferred wallet, direct connection to the best pools and the ability to suspend services at any time, as well as having your machine shipped to your address are some of the innovations AWS MINING is bringing new. "


This is the weirdest way to sell equipment, if such equipment exists.

The first step toward our new business model was choosing our new“ home. ”What we mean by that is that we need to operate our business in a 100%“ crypto friendly ”jurisdiction, and the location chosen was DUBAI. Geographically, Dubai is situated in the center of the planet and is therefore easily accessible to anyone who needs to travel there, and the country has an economic and development policy with favorable business regulations related to Blockchain Technology doors have opened to our business model since last Blockchain and we are comfortable, confident and confident that this partnership will give us a lot of flexibility and conditions to explore even other products and services that are in line with our business vision.

"Besides believing in flat land they swear that Dubai is right in the middle. Like so many other Brazilian pharaohs from the financial pyramids, their representatives will flee there.

" Step number two is the most significant and valuable news for our customers around the world. From now on everyone will be able to purchase their mining machines from the company's website and have them installed in one of our data centers. This way our customers will have full control over their equipment as the company adopts a decentralized positioning for its mining services. "Decentralized with own store, data center and exchange. Not surprisingly, they will soon create their own virtual currency.>"We can not fail to mention our concern for our customers who have purchased CMP contracts. AWS MINING will take all technically possible steps to continue to distribute the proceeds of the contracts. although many of these have already become unprofitable and may be contractually terminated, in which case we are preparing great options that will allow these customers to purchase the newest equipment at special discounts so they can continue to earn good rewards.

"Although there are still customers of the old plan, most will be ignored as they deliberately have no profitability anymore.

"Lastly, we want to inform you that now AWS MINING has become AWS CAPITAL and with that we will have access to a much wider range of products and services worldwide! In addition to those already announced and in final testing phase COMMERCE and P2P, which offer advantages and facilities for individuals and business owners who want to take advantage of the Cryptocurrency Marketplace to buy and sell more conveniently, there will be major news releases such as Crypto Personal Loan, Trading Robots, Prepaid Cards and more over the coming months. Best of all, all products and services offered by AWS CAPITAL will continue to deliver great commissions to all of its affiliates, as it has always done. "

With the promise of reducing the losses suffered by customers / consumers, AWS CAPITAL GROUP has been pressuring and inducing AWS MINING investors to formalize a kind of agreement that gave full settlement of investments in relation to previously adjusted contracts and balance (cash). in kind or cryptocurrencies) blocked. Disapproving attitude that violates the principles of the Consumer Protection Code.

And to date, the managing partners of companies continue to act in a dubious manner, seeking to shirk their responsibilities.

In mid-September and 2019, several criminal actions against AWS Mining members were distributed at the Florianópolis Forum, and shortly after the filing of these criminal complaints, the AWS MINING website and WALLET AWS MINING were completely taken down.

Finally, in August 2019, the company MYCOINDEAL officially closed its activities in Brazil, closing the doors of its headquarters located in Florianópolis (SC) and proceeding with its registration with the IRS.

AFTER ALL, WHO IS RESPONSIBLE?

AWS MINING, although headquartered in Sydney, Australia, is owned by MYCOINDEAL, as filed with Australian ASIC.

In Brazil, the company MYCOINDEAL came to be registered as MYCOINDEAL INTERMEDIACOES E SERVICOS LTDA - EPP through a contractual amendment of the company DAJOLUA COMERCIAL DE UTILIDADES E SERVICOS LTDA, opened on 23/09/2011.In both countries, Daniel Bedushi and Alexandre Campos are partners of these companies, and together have offered their customers a cloud mining service and digital wallet services.

The existence of an economic group between the companies AWS MINING and MYCOINDEAL is clearer in the lawsuit in Texas / USA about its ban on the market in that state.

According to this document, MYCOINDEAL offered the portfolios to AWS MINING and there was yet another company called AWS ELITE, which supposedly operates with multilevel marketing by attracting new customers, when in reality the activity was just financial pyramid practice.AWS ELITE was controlled by Josiah Kostek, who was some sort of AWS MINING coordinator. Kostek had the role of attracting new investors through social networks.

In December 2018, the US state of Texas banned the operation of these companies and their representatives because there was a risk of damaging investors as it promised 200% profit; and for not having authorization from the state securities commission.AWS CAPITAL GROUP was created after the closing of AWS MINING and MYCOINDEAL. Thus, it is clear that business succession or economic participation from the moment AWS CAPITAL GROUP notified all investors / clients of former AWS MINING, offering them the possibility of compensating their losses with a kind of friendly composition. It is noteworthy that AWS CAPITAL GROUP succeeded the entire heritage of AWS MINING mining farms.

In this sense, there is no doubt that all these companies are part of the same economic group and acted together in the actions that hurt their investors. Thus, they are jointly and severally liable for the damage caused.


FIT CONTRACT TERMINATION?

The contract between the parties should have been fulfilled in full. The damage caused by unreasonable termination, in addition to the lack of return on investment and compensation for lost profits, authorizes the request for contractual termination.

CAN I COVER MATERIAL DAMAGE?

Yes, it should be noted that due to unilateral termination of the contract, customers have partially or totally lost the amount invested in the cryptocurrency mining contract. AWS MINING, together with its economic group, is responsible for materially indemnifying the amounts invested by its clients, as well as the lost profits from the proceeds of the amounts invested.

WHAT ABOUT MORAL DAMAGE?

In order to speak of moral harm, one must be struck in honor, reputation, personality, sense of dignity, pain, humiliation, embarrassment, and violated.

Demonstrated the practice of unlawful act, remains the verification of the existence of actual moral damage arising from the conduct of the company AWS MINING.

Thus, the unilateral termination of contracts by AWS MINING frustrated the expectations of its customers, who invested in these contracts the economy of a lifetime, depositing all their savings, dreams and hopes.

WAS ANY CRIME?

From the evidence we can supposedly say that there was at least the occurrence of the crimes of:

(i) misappropriation (art. 168, CP): AWS MINING has improperly appropriated the investments that its clients had in its service platform. That is, it turns out that clients have entrusted their investments to the care of AWS MINING managers who now refuse to return (return) to the rightful owner. The same applies to the retention of existing WALLET AWS MINING values that were not delivered to their holders.

(ii) concealment of evidence (art. 305, CP): AWS MINING has acted to conceal evidence of contractual ties between the parties, making it difficult for clients to access their investment balance, investment income, among others, in the clear intent to hinder any lawsuit against AWS MINING.

(iii) estelionato (art. 171, CP): AWS MINING obtained illicit advantage for itself by raising funds from investors / clients when it was not authorized by CVM and because its business was characterized as a pyramid. In addition, by not returning the amounts invested voluntarily, it has caused damage to its investors / clients, who were misled or kept in error.

It turns out that the investigation of the offenses depends on the presentation of a CRIME COMPLAINT against the accused so that the Police Authority can investigate the occurrence of offenses and, finally, request the conviction of the suspects.

FIT WHAT KINDS OF ACTIONS?

Considering the need to seek a higher goodwill from this type of proceeding, we understand that some claims may be cumulative against AWS MINING (which operates in Brazil as MYCOINDEAL), such as the request for termination of contract and return of amounts paid, losses and damages, lost profits, and the cancellation of any balance netting agreement receivable.


If there is a balance withheld from your digital wallet or wallet, you will need to file your own billing action.


In cases where it is not possible to have access to the documentation necessary to file the action, a precautionary measure is necessary to have access to the documents.


For those who have developed multilevel marketing and want to review the bonuses received, considering that the company has caused a great deal of confusion as to whether mining bonuses and residual bonuses can be reviewed as long as it has sufficient documents.

Visit www.hermidamaia.adv.br and talk to our lawyers without leaving home.

Dr. Adriano Hermida Maia (adrianohermida.jusbrasil.com.br)

Lawyer and Partner of Hermida Maia. Postgraduate in Civil Procedure, Labor Law and Labor Procedure, MBA in Accounting & Tax Law with emphasis on tax risk.

Online Service: m.me/hermidamaiaadv

Visit our website: www.hermidamaia.adv.br

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