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Charged With Crypto Fraud Alexandre Trial Is March 27, Now Dispute About Investor Names

By Matthew Russell Lee, Patreon Maxwell Book
Vlog - Guardian - Honduras - ESPN NY Mag

COURTROOM EXCLUSIVE, Oct 28 – Eddy Alexandre, charged with commodities fraud in connection with a purported cryptocurrency and forex trading platform named EminiFX, was ordered released on $3 million bond on May 12.

He would be required to hire his own guard for home incarceration in Valley Stream, NY - and not pay the guard with the crypto funds.

  The bail decision was reached by U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker in an hour-long proceeding on the afternoon of May 12. Inner City Press was the only media there, and live tweeted it here and below.

Then was June 14, when Alexandre was arraigned. Inner City Press again went. The court room was full (of supporters), but little to no media. Inner City Press live tweeted here
and below.

On August 3, with two overflow courtrooms, more Alexandre and EminiFX supporters / investors, a Curcio hearing and March 27 trial date. Inner City Press exclusively live tweeted here and below.

On October 5, Alexandre and his lawyer Emil Bove, and apparent supporters, appeared before Judge Cronan for argument. Inner City Press was there and files this:

Bove argues the receiver coordinated with law enforcement, had laptop seized for Alexandre's residence. He repeatedly calls the AUSAs "these guys."

Bove tells Judge Cronan, You know better than I do that the  State Department  can move faster than a year [under MLAT]. Pooled CJA counsel for witnesses?

AUSA: Just because the receiver, the company, gave info to the government doesn't make them part of the prosecution. Echo of US v Trevor Milton, roles of Nikola, Mark Russell... More to follow.

Back on August 5, in the parallel CFTC case, Judge Valerie E. Caproni approved the receivers request for nearly $1 million, a request which included: "Long Island Real Estate Portfolio. Soon after the start of the receivership, the Receiver discovered that EminiFX had entered into 46 separate contracts to purchase residential properties in Long Island out of foreclosure, each in a separate New York state court action with a separate court-appointed referee overseeing the sale. EminiFX also entered into two separate real estate contracts outside of foreclosure. In addition, Alexandre entered into a separate contract for a property using $535,000 in funds traceable to EminiFX customers as a deposit. The total deposits on all properties totaled over $3 million, and the Receiver and his team at Raines Feldman and FDT have been working to recover as much as possible. The total amount recovered to date on the EminiFX contracts for purchase is $575,200. This amount plus the court-ordered turnover of the $535,000 deposit for the Alexandre contract for purchase brings the total recovery to over $1.1 million. The Receiver and FDT are working to recover the remaining deposits." Full letter on Patreon here.

On August 9, an investor submitted a "LETTER addressed to Judge Valerie E. Caproni from C. Poulard, dated 8/8/22 re: "EMERGENCY REQUEST TO RECONSIDER THE APPROVAL FOR PAYMENT OF FEES & EXPENSES - MAY/JUNE 2022"- I am requesting that you reconsider the approval of the request and grant me fourteen days to produce cause for my opposition to the request made by the receiver...  Document filed by Chantale Poulard, a non-party investor of EMINIFX, INC." Full letter on Patreon here.

On August 12, Judge Caproni rejected the investor's letter and had it stricken from the docket in the case: " IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to strike the  investors’ letters filed at Dkt. 93–104. A party may obtain relief on a motion for reconsideration only - full on Patreon here.

There followed more letters, then on August 17, this: "MEMO ENDORSEMENT on re: [146] Letter. ENDORSEMENT: Pursuant to the Court's August 12, 2022, Order, Dkt. 106, the Clerk of Court is respectfully directed to strike the pro se requests for reconsideration from the docket at docket entries 93, 105, and 108-146. The Pro Se Department is respectfully directed to refrain from docketing any further form letters from pro se nonparties seeking reconsideration of the Court's order granting the Receiver's request for fees without approval from Chambers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/17/2022)." Sample form letter and order on Patreon here.

On September 21, Judge Caproni struck more letters.

On October 28, this: "ENDORSED LETTER addressed to Judge Valerie E. Caproni dated 10/21/2022 re: I am writing this letter to inform you that I am an investor in EMINIFX, INC and I know COMMODITY FUTURES TRADING COMMISSION has a case against EDDY ALEXANDRE and EMINIFX, INC. (Case No.: 22-cv-3822). If the investors names are going to be publish. I request a favor that my name won't be publish in the investors list. ENDORSEMENT: All investor communications should be directed to the Receiver via the communication lines established for the investors, not to the Court. Letter, Dkt. 164 at 4. The Court notes that, while it has no intention of publishing individual investors' names, if the identities of individual investors become relevant, the Court cannot guarantee that a particular name will not be published. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/28/2022)."

More on Patreon here. And vlog here.

More (bonus) on Patreon here.

The civil case is Commodity Futures Trading Commission v. Alexandre, et al., 22-cv-3822 (Caproni)

The criminal case is US v. Alexandre, 22-cr-326 (Cronan)


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