RIO — With a portfolio of 24,000 customers in the city of Cabo Frio, in the Lagos region alone, the company GAS Consultoria Bitcoin has been in the spotlight since its managing partner, 38-year-old former waiter Glaidson Acácio dos Santos, was arrested last week by Operation Kryptos. Between reais and foreign currencies, the Federal Police seized around R$ 15 million in cash, in addition to luxury cars. And while the businessman is being investigated for allegedly running a financial pyramid scheme, promising 10% monthly profits from the purchase and sale of cryptocurrencies, many of the clients have come out in his defense, with motorcades in Cabo Frio and Rio de Janeiro. But what about those who have lost confidence and want to get their money back, what can they do?
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According to the lawyer Cássio Rodrigues Barreiros, doctoral candidate and master in Public Law, it is possible to file an urgent injunction to request the blocking of amounts in the company’s accounts as a way to guarantee compensation. He claims that, although the standard GAS contract provides for the retention of investments for a period of 36 months, it is possible to request the nullity of the agreement in court.
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– The company claims that there can be no rescue because that would hurt the investment plan. Only, according to the Federal Police investigation, there is no investment that supports the remuneration of all clients. In other words, the company did not fulfill the objective — he says, concluding: — Any adhesion contract that puts consumers in vulnerability can be terminated at any time.
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The Cabo Friense consultancy contests, claiming to comply with the object of the contract “when it carries out a trading operation in the values entrusted to the company to operate in the cryptoactive market and pays the monthly installment stipulated in the contract with the client”.
The lawyer advises investors who choose the legal route to look in their statements for the bank account responsible for depositing profits in previous months — and specify this data in the blocking request.
– To ensure the recovery of the amount invested, it is necessary to identify accounts that may still be in operation – he explains, noting that, even after the arrest of the CEO, investors continued to receive the installments to which they would have been entitled.
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Investment specialists warn that, when looking for a financial institution, it is important to check if it is registered with the Brazilian Securities Commission (CVM). Although the cryptoactive market is not regulated by the autarchy — and, therefore, companies without a registry can operate in the area without incurring irregularities — subjection to CVM rules works as an indicator of good practices. The commission informs that it even investigated GAS in SEI process No.19957.011432/2019-93, but found no irregularities in its field of action:
“Due to the existence of evidence of the practice of crime against the popular economy, the process was promptly forwarded to the Public Ministry of the State of Rio de Janeiro, which is responsible for acting in cases of this nature”, he says, in a note.
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According to the Cabofriense company, so far, few customers have asked for termination.
“In the universe of thousands of contracts signed with GAS, we received only three requests for contract cancellation that are under evaluation by our legal department,” he says in a note.
“GAS Consultoria claims that it does not carry out any irregular activity and that there is no customer dissatisfied with the company. The spontaneous manifestations in several cities across the country that have taken place in recent days are proof of this. It is important to make it clear that GAS Consultoria has a robust credibility built in the satisfaction of its customers and there is no record that discredits its operation or that justifies actions against its executives.
GAS Consultoria informs that all the company’s operations follow normal and the contract payment routine continues exactly as planned”.