Bitcoin Manipulation Abatement LLC (BMA), the firm that recently filed a lawsuit against BitMEX, is pushing for more action from the court to protect potential evidence.
BMA accused BitMEX of market manipulation and non-licensed operations in the U.S; Its counsel has now asked the court to preserve BitMEX email data held on Twilio, a U.S provider for cloud services.
The filing against BitMEX was initiated in mid-May with BMA targeting its Seychelles registered shell company, HDR Global Trading Ltd. According to the submission, BitMEX used this entity as a fallback in exemption from the U.S market laws.
The complaint highlights that BMA was mocked with an ‘incorporated in Seychelles, come at me bro' meme upon requesting BitMEX's operational information.
BitMEX Emails Might Be Incriminating; BMA
In a follow up of the initial filing, BMA published another one on June 9. The plaintiff estimates that around 3,000 email records that could incriminate BitMEX are stored on Twilio, given it is the avenue used for daily communication by the firm.
Pavel Pogodin, the general counsel for BMA, has since emphasized that BitMEX went against the law as Twilio is domiciled in the U.S:
“It was a mistake for them to use the U.S. company for this purpose and claim lack of personal jurisdiction of U.S. and California courts at the same time.”
The recent filing by BMA notes that Twilio has put a temporary deletion hold on BitMEX email records up to June 15. After this, the cloud service provider will evaluate the preservation request, an outcome that might grant BitMEX permission to erase its account records. BMA, therefore, found it prudent to make a move within the few remaining days in a bid to strengthen its case against BitMEX. The filing partly reads:
“to preserve a snapshot of information, including specific user email address data, which is evidence of defendants' contacts with the forum and evidence of defendants operating an unlicensed money transmission business in the United States.”