Apertum Foundation has been denied a preliminary injunction by Frankfurt’s Main Regional Court.

The injunction was requested as part of preliminary proceedings against BE Conflict Management (BEKM), following a cease and desist earlier this year.

Apertum Foundation operates as Apertum Holding Ltd., a purported Marshall Islands registered shell company.

Josip Heit and several collaborators run Apertum Foundation, which ties into DAO1.

DAO1 is an unregistered investment scheme that operates through Apertum Foundation’s APTM and WAPTM cryptocurrencies.

Irle Moser, Josip Heit’s personal German attorneys, sent BEKM a cease and desist back in May.

The Berlin law firm Irlemoser has issued a cease and desist letter to our editorial team on behalf of Apertum Holding Ltd.

They demand the deletion of our article “DAO1 and Apertum: Crypto promises with deception?” and the submission of a cease-and-desist declaration under penalty of law, a serious infringement of press freedom, which we unequivocally reject.

We firmly reject the demanded cease-and-desist declaration. Should legal proceedings arise, we will substantiate the accuracy of our statements with extensive evidence.

Attempts at intimidation through the threat of legal action will not deter us from looking where others prefer to look away.

It’s unclear when Apertum Foundation filed for a preliminary injunction but the denial decision was handed down on June 17th.

1. The application for a preliminary injunction is dismissed.

2. The costs of the proceedings shall be borne by the applicant.

3. The value in dispute is set at 60,000 euros.

I’m not sure if point three means Apertum Foundation is up for 60,000 EUR in legal costs or that was the amount it sought in damages.

Following the order, Apertum Foundation had two weeks to file an appeal. It didn’t, which as per BEKM means the injunction order is now final.

The decision sends a clear signal against legally motivated attempts at intimidation, as increasingly discussed in connection with so-called SLAPP lawsuits (Strategic Lawsuits Against Public Participation).

In our article of 6 May 2025 (‘With lawyers instead of arguments – how Apertum tries to silence criticism’), we had already highlighted Apertum Holding’s strategy of relying on legal means instead of addressing the substance of criticism.

The company apparently felt pressured by our research into its links to GSPartners, DAO1, etc., and responded with legal action, which has now been unsuccessful.

Heit is currently involved in settlement proceedings with North American authorities. The settlement pertains to alleged fraud Heit conducted through GSB and GSPartners, of which DAO1 is a reboot of.

DAO1 fraud warnings were issued by Australia and New Zealand earlier this year. Metamask also recently flagged DAO1’s website as “potentially deceptive“.

The Texas State Securities Board is also pursuing Heit over alleged GSPartners and Apertum Foundation fraud. Hearings on those matters are currently scheduled for November and October respectively.