In a case that has been pending since 2019, Itaú bank sued cryptocurrency broker Mercado Bitcoin, requesting the blocking of an account belonging to a client suspected of committing financial fraud. O accused would have invaded the bank accounts of an 81-year-old and stolen almost R$ 200 thousand. Then, that money would have been transferred to the digital currency exchange to buy 12.36 bitcoins (BTC).
It was only last Friday (4) that the judge in charge of the case asked for the diligence of the process, before the trial. Now, Itaú asks for reimbursement of the values stolen from the victim to the Bitcoin Market. However, the exchange argues that the suspect would have transferred the assets to another exchange.
Fraud suspect stole BRL 192,000 from elderly
It all started when the elderly man went to an Itaú bank branch to report the invasion, still in 2019. According to a document published in the Diário de Justiça de São Paulo, an individual named Guilherme Arruda Guimarães would be the author of the crime. The stolen values were identified in the accounts held by them and traced to the Bitcoin Market.
The arguments suggest that the suspect tried to launder the money by buying bitcoins. The stolen amount would have been withdrawn from the elderly person’s account, converted into cryptocurrencies, and later back into reais. Apparently, the transactions even contained documents from the fraud victim.
Guilherme would have continued, withdrawing R$ 20 thousand from his accounts. However, Itaú began to investigate what happened. Once the identity of the possible criminal has been identified, the bank sued Mercado Bitcoinwho promptly blocked the suspect’s account.
Then, Itaú took the case to the Civil Police of the State of São Paulo. However, the suspect contested and filed a lawsuit after realizing that his Bitcoin Market account was blocked. The individual also took his complaint to Procon-SP, to Banco Plural and to the cryptocurrency broker.
When it filed its defense in March 2020, the brokerage also asked the suspect to pay all costs of the lawsuit, along with a fine for bad faith and dismissal of the claim.
Itaú asks for reimbursement of the stolen money from the brokerage
The 81-year-old victim was reimbursed by Itaú. Now, the bank hopes to recover the value through action against Bitcoin Market. In all, the process has been going on since 2019, when the cryptocurrency exchange blocked the suspect’s account. However, recovering the values in full seems to be something a little more complicated.
Guilherme would have transferred R$ 20 thousand to another personal account at Caixa Econômica Federal. In addition, of the more than 12 bitcoins purchased, ten were sent to an external digital wallet, according to the Bitcoin Market defense.
Nonetheless, Itaú contested this narrative. According to the bank’s lawsuit against the broker, the values in cryptocurrencies or in reais could still be in the Bitcoin Market. So much so that the suspect says he was surprised by the accusation and the blocking of his account. Therefore, the judge in charge converted the process into diligence, requesting that the balance of the possible criminal be revealed by the brokerage.
The judge’s decision was published only last Friday, March 4, in the Diário de Justiça de São Paulo:
“Given the controversy over whether or not there is a balance in the account held by Guilherme on the defendant’s platform, I convert the judgment into a diligence, based on Art. 938 §3 of CPC/2015, to determine that the appealed party displays a complete extract of said account.”
With information: Livecoins