MSK Invest did not comply with the contract signed with clients to return the investments. The company claimed to invest in cryptocurrencies, promised fixed profits of up to 5% per month, but stopped paying at the end of last year.
At first, the company strongly insisted that it would pay everyone, but before that, a cancellation had to be signed in which it was agreed that it would pay in ten installments.
Then the Procon of São Paulo entered the case and MSK assumed the commitment to pay in five installments, with the first to be paid in March. second form of the Securities and Exchange Commission (CVM), the company’s founders are Glaidson Rosa and Carlos de Luca.
But for those who signed the dissolution, it was clear that it will not be easy. The company said it would pay the first installment by January 30th. Portal do Bitcoin spoke with a lawyer who assists six people who signed the dissolution and follows the case of another hundred people: none received.
The company admits that it did not deliver on its promise. In a statement, it says that “some cancellations will be honored outside the agreed deadline”.
Bargain to buy time
In the same ad, he offers a bargain: people can withdraw from the cancellation and adhere to the agreement with the São Paulo Procon. Until then, whoever had signed the dissolution would not be included in the agreement with the consumer protection agency.
An observer, even if not very attentive, can see that the company’s strategy allows it to stay longer without spending a penny and throws the problem to March.
The agreement with the Procon
One of the points of the case that calls attention is the optimism of the attorney Fernando Capez, president of Procon of São Paulo.
The agreement between Procon and MSJ Invest provides that the reimbursement will be made in five installments with the first payment in March. If the company does not comply, a fine of R$ 2 million will be applied.
In a video posted on Instagram, Capez says: “The deal is very good, it was signed. Congratulations MSK and we consider the problem solved”.
Caso MSK Invest
The Justice of São Paulo determined on December 20 the blocking of R$ 100 thousand from the company MSK Investment. The decision was made by Judge Fábio Henrique Falcone Garcia, who was very explicit when talking about the company’s announcement that one of the reasons for stopping paying customers is due to legal uncertainty in the face of the advancement of Bill 2303/15 in the Chamber dos Deputados, which regulates the cryptocurrency market in Brazil.
The magistrate stated that the company’s stance is an indication of bad faith and an attempt to not comply with the contracts.
“Imposing conditions dissociated from the negotiation for reimbursement of the amount invested, combined with the false justification based on a bill not yet approved, it suggests deception aimed at avoiding compliance with an obligation and complicated financial situation, indicating risk of serious injury to the applicant”, said the judge.
Judge Luiz Antonio Carrer was another who said that there were indications that MSK Invest, a company that claimed to operate with cryptocurrencies, is a financial pyramid and that the same use of CNPJs is actually the practice of a financial scam.
The magistrate also accepted an injunction from a client and determined the blocking of money in the company’s account.
“There are indications of fraud in the contract entered into between the parties, which indicates a case of a “pyramid”, justifying the urgency of the measure, as the defendant announced that she will stop acting, without the prospect of returning the large amount invested by the plaintiff”, he said. the judge.
In addition, he pointed out that the same CNPJ is used by MSK Invest and a company called SOMPI Seguros, and that this indicates a “financial coup”.
On December 22, São Paulo’s Procon said it would sue MSK Invest and its partners in the criminal and administrative fields. The information was disclosed by the president of the organ, Fernando Capez.
“The company [MSK] deceived several investors by promising interest of 2% to 5% in Bitcoin application. And guess what? He didn’t pay anyone,” the prosecutor said in a video.