Shark Tank presenter Cris Arcangeli asked the São Paulo court for authorization to send an official letter and thus block cryptocurrencies from Alvaro Garnero in Brazilian brokerages.
The presenter would have brokered the purchase of Bitcoin from Arcangeli between 2017 and 2018. At the time, she would have transferred US$ 300 thousand to Garnero’s accounts.
As shown in the case file obtained by the livecoins, the presenter says she was convinced that investing in Bitcoin was promising. As they already had a dating relationship in the past, Cris trusted Garnero.
In her view, the entrepreneur would obtain more than 30 bitcoins, which at that time had a strong appreciation in its quotation against the Dollar.
However, after some time, when looking for her purchased coins, the presenter realized that the presenter had shied away from his responsibility. In addition, she received information from Garnero that he only brokered a transaction by lending his account, the real beneficiary being you. Hélio Caxias Ribeiro Filho, owner of Hibridus Club, a supposed financial pyramid in Brazil.
Alvaro Garnero it also has links with another cryptocurrency company that defaulted on investors, the My Bitcoin Foot.
Garnero’s defense also stated that Bitcoin underwent a major devaluation in the market, which shows that the investment was risky. An investigation runs in the criminal sphere to investigate an alleged practice of embezzlement on the part of the famous presenter.
Cris’ defense disagreed with the allegations made by Álvaro’s defense and then filed a request in the second court of São Paulo, requesting the blocking of R$ 1,480,580.00 in Garnero’s accounts, in addition to the possibility of officiating the main brokerages cryptocurrencies in Brazil, such as Binance, Bitcoin Market, Bitcoin Trade, among others.
To justify the request, Shark Tank’s defense even cited Álvaro Garneiro’s Twitter, where he highlights Bitcoin in the biography.
Justice did not agree with Cris Arcangeli’s request for possible blocking of Álvaro Garnero’s cryptocurrencies
The decision on the request to block cryptocurrencies by Alvaro Garnero in cryptocurrency brokers in Brazil, at the request of Cris Arcangeli, was made last August 18th.
In the second instance of the TJSP, the rapporteur stated that he did not agree with Shark Tank’s claims to send letters to brokers and block amounts in Garnero’s accounts.
“There is, for now, no relevance in the reasoning that evidences the probability of granting the appeal, considering that the statements made by the appellee in the police investigation do not corroborate the allegations made by the appellant in the initial petition, and not even the danger of serious damage, which is difficult or impossible repair, or risk of ineffectiveness of the measure, if it is granted only at the end, which justifies, in terms of summary cognition, the granting of an injunction”.
The order where Cris asks for blocking Garnero’s cryptocurrencies and the court rejects it was published in the Diário de Justiça this Friday.
Sought by Livecoins, Alvaro Garnero did not comment on the case until the end of this article and the space remains open.
What does Cris Arcangeli’s defense say?
Sought by Livecoins, lawyer Pedro Abrão, who is responsible for the defense of presenter and businesswoman Cris Arcangeli in the lawsuit against Garnero, I send the following note:
“The businesswoman Cristiana Arcangeli filed the lawsuit registered under n. 1051965-59.2021.8.26.0100, pending before the 25th Civil Court of the Central Civil Forum, aiming at the refund of amounts deposited in accounts held by Mr. Alvaro Luiz Monteiro de Carvalho Garnero.
The reason for the transfer was that Mr. Álvaro would have offered the businesswoman investments in cryptocurrencies – in this case, bitcoins – and, based on the trust of a past personal relationship, there was the required deposit, in the amount of US$300,000, between 12.12.2017 and January 19, 2018.
Since the deposit, there has never been any news of the values – whether in reais or the digital coins supposedly “acquired”.
In the absence of correct accountability and the cash “disappearing” in Mr. Álvaro’s possession, added to his resistance to finding a solution, there was no alternative but the referral of the case to the Police Authority, to investigate the crime of embezzlement, and filing of a collection action in the civil area.
Currently, the civil action is in the process of improving the procedural relationship, with the citation of Mr. Álvaro. At the same time, the provisional arrest of amounts against Mr. Álvaro is being discussed, in view of the evidence collated in the records of suspicion of asset shielding.
The injunction was denied in the 1st Degree, as it understood the judgment on the need for a hearing from the opposing party. From the decision, an Interlocutory Appeal was filed, which is pending judgment, despite the appeal having been dismissed.
Based on this, the answer is:
- The businesswoman Cristiana Arcangeli is not an investor in the cryptocurrency market and her contact was restricted to the aforementioned investment offer made by Mr. Álvaro;
- The defense will await the judgment on the merits of the interlocutory appeal, which will decide, in a collegiate manner, on the injunction to block the requested assets;
- It is understood that the evidence collected in the records is sufficient to evidence Mr. Álvaro’s relationship with cryptocurrencies, in particular a de facto partnership between him and Mr. Helio Caxias, from Hibridus – a person that the businesswoman Cristiana has no relationship with , in addition to deposits in favor of Mr. Álvaro that never returned.“