The SEC has secured an Entry of Default against Emerson Pires in his Mining Capital Coin fraud case.

As with his parallel EmpiresX fraud case, Pires failed to file a response to the SEC’s Mining Capital Coin lawsuit.

This prompted the SEC to file a motion on April 28th, requesting Entry of Default be recorded against Pires and corporate defendants Bitchain Exchanges, Cptlcoin Corp and MCC International Corp.

The court clerk recorded the requested Entry of Default later the same day. This paves the way for the SEC to file a Motion for Default Judgment at a later date.

In related Mining Capital Coin news, co-defendant Luiz Carlos Capuci, Jr. (right) has failed to stop the SEC selling off an abandoned property.

The property in question is in Port St. Lucie, Florida.

SL Trustee Corporation, a shell company fronted by Stephanie Cassia Capuci, is the listed property owner.

As noted by the court in their April 16th order;

Defendant Capuci opposes the motion and argues that, based on his pending appeal of the preliminary injunction, this Court lacks jurisdiction to modify the asset freeze.

The SEC secured the Mining Capital Coin preliminary injunction in June 2022. Capuci’s appeal on the decision remains pending.

Addressing Capuci’s raised arguments in his objection to the SEC’s sale motion, the court noted;

The Court finds that granting the modification of the asset freeze in this limited way—allowing a sale of the Subject Property and directing surplus proceeds to be deposited in CRIS—is a collateral matter that will not impact any of the questions Defendant Capuci raises on appeal.

And, this modification of the asset freeze does not prevent SL Trustee from litigating any claim to the surplus funds, after those funds are deposited into CRIS.

In other words, the SEC selling off Capuci’s abandoned property doesn’t affect his legal rights should he prevail on appeal.

Capuci Jr. was indicted on Mining Capital Coin fraud charges in April 2022. Upon learning of the SEC’s parallel civil investigation into, Capuci and his family fled to Brazil.

Capuci, who holds dual Brazil-US citizenship, remains a wanted fugitive.