There are indications that BWA Brasil partners have committed a crime by presenting a „false claims list“.
Considered a „fraudulent scheme“ with Bitcoin, BWA tried to modify the value of the company’s debt in the judicial recovery process. Until then, the debt of the business amounted to more than R$ 295 million that had to be passed on to investors.
Thus, with the request to change the amounts, BWA Brazil presented that it owed only about R$ 449,000 to customers, and asked for the value of the debt presented in the judicial reorganization to be changed.
However, in addition to denying the amount presented by the platform, the Law Judge Marcelo Barbosa Sacramone in charge of the case also ordered the change of patron, in a decision on the judicial recovery process published last Wednesday (08).
Crime of BWA Brazil partners
According to the decision involving the judicial recovery process of BWA Brasil, there are indications of crimes committed by the signatory partners of the company that has been facing problems with client withdrawals since 2019.
Thus, the presentation of an amount 590 times lower was pointed out as the reason why there will be changes in the process of judicial reorganization of the business that promised 10% profit from alleged investments in Bitcoin Formula.
According to the signatory partners of BWA Brasil, the amount of the company’s debt would be only R$ 449,683.62 and not R$ 295,412,752.63. The platform claims that part of the amount due was „paid“ through a token created by the company itself, BWAcoin.
„For this reason, the applicant, who had a debt of R$ 295,412,752.63 to have a debt of only R$ 449,683.62, was exposed as, all credits must be listed, net or gross, overdue or falling due“.
However, the patron linked to the judicial reorganization process declared to the courts that the new amounts presented may have a relation to the criminal practice of BWA Brasil’s partners.
„Therefore, by the conduct narrated by the patron himself, there are signs of crime committed by the signatory partners, since art. 175 of Law 11.101/05 determines that anyone who presents in the judicial reorganization a list of false credits commits a crime“.
Judicial recovery
The São Paulo Court of Justice approved BWA Brazil’s request for judicial recovery on July 8, 2020, as reported by the Cointelegraph. The company claimed that it had no money to pay its clients, who had invested in the business considered „fraudulent“ by lawyer Jorge Calazans.
In addition to having no money, BWA Brasil said it was facing financial problems due to COVID-19, in the judicial-approved recovery process, with a debt presented by the company itself of more than R$295 million.
However, with the change presented by the business partners, the debt should be reduced to less than half a million reais. For lawyer Jorge Calazans, who represents investors injured by BWA Brasil, the request for a change in the debt amounts is a maneuver by the partners to gain time with the process.
Calazans also points out that the change in the patron and the condemnation of the attempt to change the value of the judicial recovery is „an important step,“ given that the process may even be interrupted due to irregularities.
„This decision is a major step towards reality, given that it is a fraudulent scheme, which must be investigated in the criminal sphere. This judicial recovery should not prosper as it is an attempt to gain time and benefit from the victims‘ money“.