SEC admits date errors in Debt Box & iX Global case
The SEC is facing sanctions in its securities fraud case against Debt Box and iX Global.
In a nutshell, the SEC’s attorneys got some dates wrong with respect to when the Debt Box defendants began transferring investor funds out of the US to the UAE.
This led to a false sense of urgency, which the court factored in when it granted the SEC a TRO early on in the case.
Upon being made aware of the date errors, the court dissolved the granted TRO in October. Last month it also ordered the SEC to explain why it shouldn’t be sanctioned.
On December 21st the SEC filed its response. The regulator acknowledges it got dates wrong but also argues sanctions aren’t warranted.
In acknowledging its error, the SEC wrote;
The Commission cannot let its zeal to stop ongoing fraud interfere with its duty to be accurate and candid.
The Commission and its attorneys fell short of that expectation here. Commission counsel made a representation during the July 28, 2023 hearing that, unbeknownst to him at the time, was inaccurate.
Commission attorneys failed to correct that statement when they learned of the inaccuracy.
Commission counsel also failed to make clear that certain representations were inferences from the facts known to them rather than directly supported factual assertions.
The Commission takes this Court’s concerns seriously and deeply regrets these errors.
In light of the errors, the SEC states it is
taking steps to ensure those errors are not repeated in this action or other proceedings.
“Senior attorneys” have also been brought in to supervise the Debt Box and iX Global case.
After this Court issued its Order to Show Cause, a new team of attorneys, primarily from the Commission’s Office of the General Counsel, was assigned to undertake a thorough inquiry into the Court’s questions, review the events that gave rise to the Court’s concerns, and prepare the response to the Order to Show Cause
The Division of Enforcement will also conduct mandatory training for all Division staff involved in investigations and litigation about the duty of accuracy and candor and the duty to correct any inaccuracies as soon as they come to light.
Arguing against sanctions, the SEC goes on to claim
the circumstances here fall short of the misconduct Rule 11 was intended to address, and Commission staff have not engaged in any bad faith conduct that could support sanctions under the Court’s inherent authority.
The Commission respectfully submits that its counsel and staff did not intend to mislead the Court. Nor did the Commission make the statements and filings at issue for an improper purpose, such as harassing Defendants.
Rather, the Commission’s representatives failed to accurately characterize the bases for their factual assertions, failed to identify inferences as such and to explain the bases for those inferences, and failed to identify inaccuracies in those assertions once discovered.
Sanctions are unwarranted in these circumstances.
Even if the Court were to find bad faith and impose sanctions pursuant to its inherent authority, sovereign immunity would bar monetary sanctions against the Commission.
A decision on imposing sanctions against the SEC now rests with the court. I’ll leave an update below when we get a decision on that.
In the meantime, regardless of whether sanctions are ordered or not, the SEC’s case against Debt Box and iX Global will continue.
One new tidbit we got out of the SEC’s filing is specific dollar amount and dates investor funds were transferred out of the US to the UAE.
By December 2022, approximately $1.35 million of investor funds from the United States had been transferred into the foreign bank account of IX Ventures FZCO, an entity headquartered in the United Arab Emirates and allegedly controlled by Defendants Jason and Jacob Anderson.
Certain Defendants were depleting assets in their U.S. bank accounts beginning as early as spring of 2021. For instance, as of May 30, 2023, the balance of accounts associated with DEBT Box had decreased by over $33 million, leaving an ending balance of approximately $367,000.
And as of May 30, 2023, the balance of accounts associated with iX Global, a multi-level marketing company allegedly controlled by Defendant Martinez that partnered with DEBT Box to market DEBT Box’s crypto asset securities, decreased by over $49 million, leaving an ending balance of approximately $763,000.
On June 30, 2023, three of iX Global’s Bank of America accounts were closed.
These aren’t the actions of legitimate US-based MLM companies. This is money laundering of ill-gotten gains, derived through securities fraud to the tune of over $110 million.
Sanctions or no sanctions, based on the evidence it’s my opinion that the SEC will prevail at trial.
The SEC has once again proved that it is basically a entity with zero power and very little clout. Their continued untrustworthiness and illegal acts should be harshly dealt with.
The SEC getting some dates wrong is unfortunate but not illegal. You know what is illegal? Stealing millions of dollars through securities fraud.
But don’t let that rain on your butthurt parade.
“These aren’t the actions of legitimate US-based MLM companies.”
I’ve heard a lot about legitimate MLMs but never seen one, does that even exist?
Current legal guidelines from the FTC are that an MLM company with significant retail activity is operating legally.
Obviously any MLM company committing securities fraud is automatically disqualified.
This is ridiculously biased and misleading information, I thought you had more integrity than that. Misleading on the dates? Are you kidding me?
SEC admitted that they basically lied on the details of the case to get the TRO. They deserve to be sanctioned.
They are doing training for the staff to mitigate this? Again, are you kidding me?
The government agency that is supposed to protect people says that their staff needs guidance? C’mon dude, I thought you pride yourself in being objective?
I hope the judge throws away the case and sanctions this corrupt organization severely. Here are some unbiased articles from multiple sources, in case you missed them…
(Ozedit: duplicate link removed)
fortune.com/crypto/2023/12/22/sec-error-debt-box-utah-gary-gensler-crypto/
(Ozedit: link to irrelevant news article from 3 weeks ago removed)
Settle down porkchop. The SEC didn’t admit lying or intentionally misleading the court. It was a misinterpretation of research and then a poor decision not to report the error by an inexperienced attorney.
This has been acknowledged. Be nice if Debt Box and iX Global acknowledged the $50 mill in securities fraud they committed.
Any awarded sanctions will be monetary in nature. The SEC’s case is otherwise solid and will proceed after that.
SEC staff are human and humans make mistakes. Guidance or training is how you fix mistakes and do your best to make sure they don’t happen again. But uh yeah, total drama queen moment on your part.
As for “unbiased articles”, two are of the same story covering the same filing covered here. The third was from three weeks ago before the SEC’s filing was made.
I see you are suppressing/deleting my follow up comments. Why?
Spam filter doing it’s job. You’ve obviously got an axe to grind with the SEC, that’s fine but falls outside of the scope of the SEC’s Debt Box & iX Global lawsuit.
If you want to generally rage against the SEC for pissing on whatever crypto scheme you’d hoped to scam people with, do it somewhere else.
But aren’t they all claiming that distributors are representing just a small amount of their affiliates?
From my perspective it seems that most mlm’s are just trying to find new ways of circling around the law (scamming people without breaking the current rules, jumping into legal loopholes so the scam can prosper).
Without seeing the books of every MLM company, impossible to say. I always factor in an educated guess in reviews, based on the compensation plan.
And this is now offtopic.
Got something against ix global online. this is from india – equivalent to SEC here:
x.com/StrategyIndia/status/1652303069642735616?s=20
I believe this ties into the ED case and Joe Martinez and Viraj Patil arrest warrants.
Appears the SEC truly fucked up.
Just submitted dismissal of case request.
twitter.com/EleanorTerrett/status/1752410781398790396
The crypto ponzi media is spinning another narrative that the SEC is wanting to drop the case against debt box. Maybe I’m reading into it wrong, but I don’t see this as the SEC wanting to drop the case in it’s entirety. What do you guys think?
storage.courtlistener.com/recap/gov.uscourts.utd.141167/gov.uscourts.utd.141167.259.0.pdf
Geez what a disaster. I’ll pull up the filing and have a look.
Having to dismiss a case over an admin error is certainly a first. In no uncertain terms does that mean Debt Box and iX Global didn’t commit securities fraud – they clearly did.
For the SEC to dismiss a case without prejudice, meaning they can refile later, I suspect criminal charges might be pending. This would align with what’s going on in India.
My understanding was that the organisation adhered to every demand the SEC put forth, to the point, salaries were not paid and businesses not related went bankrupt, due to the TRO impacting the relationship of the bank and the owner (non affiliated entities owned by the Director or senior management at Debt Box).
Also the SEC has since removed from their site their allegations: sec.gov/news/press-release/2023-146
viewable here: web.archive.org/web/20230803141453/https://www.sec.gov/news/press-release/2023-146
Unsure what you are referring to when it comes to India though.
People think the SEC is in the wrong, and that the SEC has found no evidence of fraud. I don’t agree with that at all. Especially with like you said, all that’s going on in india.
The crypto community has uplifted the reputation of IX Global/DEBT Box, so maybe they may be able to draw in more funds to help with possible litigation in the future. I wonder how this all may play out.
@Tom Criminal charges have been filed against Viraj Patil and Joe Martinez in India. Martinez is a wanted fugitive.
iX Global’s money laundering of ill-gotten gains derived via securities fraud was going through India, which has caught up with them there.
Re. the SEC, A case getting dismissed over an admin error isn’t a precedent you can apply to other cases.
Probably best to ignore the crypto community, they’re jonesing for a “number go up” hook after ETFs went nowhere.
I’ve just realized BehindMLM’s contact form is broken (100% spam detection). Working to fix that then I’ll get to reporting.
Just checked their twitter, still offering their shitcoins.
I’d agree, in line with the fact that they are continuance/furtherance based on their social media posts, it would lead me to deduce that at some point if there is actual criminal evidence that the DOJ will indict in due course.
As for the SEC i believe they screwed up, will re-file but it be done in line of the continuence/furtherence.
As for the Crypto Community, actually its more focused around lawyers -> the crypto community are responding to lawyers input, the lawyers are holding it up as a beacon of wrong doing by the SEC (which is true) but appear to be dismissing the fact that it is some form of ponzi and certainly some form of fraud.
Not exactly the banner one wants to be aligned with i’d have thought.
Found the India thing, ok reading it, this is kinda common in countries where there are capital controls, forex trading becomes an illegal act…
So not sure this is related to some form of ponzi/mlm (might be) but the charges are basically for illegal foreign exchange trading, as such the capital earned is illicit in nature, thus spending of such is laundering.
The Enforcement Directorate arrested Viraj Patil under money laundering provisions in an illegal TP Global FX case, a trading platform which is not authorised by the central bank to deal in forex.
Great points by both of you. I agree.
The India criminal case pertains to the Indian law equivalent of commodities and securities fraud. And there’s a money laundering charge (siphoning off of investor funds).
This is very much tied to iX Global and Debt Box through Patil. Well within DOJ jurisdiction but they haven’t filed anything yet.
I was told by a family member that the judge proved me wrong, and that I messed up their opportunity of investing in a company that’s guaranteeing generational wealth lol.
I don’t see how people can’t see that this is clearly securities fraud.
iX Global isn’t paying returns in the US or India. They’d be pretty stupid to openly continue violating securities law.
Your family member knows this.