SEC files criminal complaint against directors, managers, or persons who are responsible for keeping BX private key and provides clues of persons who are suspected of wrongfully transferred clients’ digital assets under BX’s control or possession to other wallets which are not purported to keep client’s assets
Thursday 24 December 2020 | No. 236 / 2020
Bangkok, 24 December 2020 - Today SEC files a criminal complaint with Economic Crime Suppression Division (ECSD) requesting ECSD to investigate the wrongfully transferred of clients’ assets under control or in possession of BX Company Limited (BX) to other wallets which are not purported to keep clients’ assets in violation of the Emergency Decree on Digital Asset Businesses B.E. 2561. In the complaint, SEC provides ECSD with information regarding directors, managers, or persons who are responsible for keeping BX private key as well as clues of persons suspected of commit such wrongful acts. SEC also informs the filing of this complaint to Anti-Money Laundering Office (AMLO) for consideration of taking any action as it deems appropriate.
Following the announcement of BX (which
formerly operated in digital asset exchange business) that its business
operations will completely shut down on 3 April 2020 which means it will
stop servicing clients who want to reclaim their assets and will lay off all employees,
SEC found out that clients’
digital assets which remained under control or in possession of BX were transferred
thereafter to other out-of-control wallets without client’ instructions. That actions
incurred losses to others and public in violation of Section 85 of Digital
Asset Businesses Law. It also violated Section 87 of the Law which prohibits any
directors, managers, or responsible officers of digital asset business operator
to obtain any unlawful benefits for themselves or others at the expense of
the business operator.
Noted: Filing a criminal
complaint is the commencement of the criminal process. Under the Criminal
Procedure Code, after receiving the complaint, the inquiry officer will
investigate the case and submit the findings and views to public prosecutor who
has authority to prosecute the case against the offenders. The consideration of
whether person is guilty or not is thereafter vested on the court of justice.
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