The SEC has secured an Entry of Default towards Emerson Pires in his Mining Capital Coin fraud case.
As along with his parallel EmpiresX fraud case, Pires did not file a response to the SEC’s Mining Capital Coin lawsuit.
This prompted the SEC to file a movement on April twenty eighth, requesting Entry of Default be recorded towards Pires and company defendants Bitchain Exchanges, Cptlcoin Corp and MCC Worldwide Corp.
The court docket clerk recorded the requested Entry of Default later the identical day. This paves the way in which for the SEC to file a Movement for Default Judgment at a later date.
In associated Mining Capital Coin information, co-defendant Luiz Carlos Capuci, Jr. (proper) has did not cease the SEC promoting off an deserted property.
The property in query is in Port St. Lucie, Florida.
SL Trustee Company, a shell firm fronted by Stephanie Cassia Capuci, is the listed property proprietor.
As famous by the court docket of their April sixteenth order;
Defendant Capuci opposes the movement and argues that, based mostly on his pending enchantment of the preliminary injunction, this Courtroom lacks jurisdiction to switch the asset freeze.
The SEC secured the Mining Capital Coin preliminary injunction in June 2022. Capuci’s enchantment on the choice stays pending.
Addressing Capuci’s raised arguments in his objection to the SEC’s sale movement, the court docket famous;
The Courtroom finds that granting the modification of the asset freeze on this restricted manner—permitting a sale of the Topic Property and directing surplus proceeds to be deposited in CRIS—is a collateral matter that won’t affect any of the questions Defendant Capuci raises on enchantment.
And, this modification of the asset freeze doesn’t forestall SL Trustee from litigating any declare to the excess funds, after these funds are deposited into CRIS.
In different phrases, the SEC promoting off Capuci’s deserted property doesn’t have an effect on his authorized rights must be prevail on enchantment.
Capuci Jr. was indicted on Mining Capital Coin fraud costs in April 2022. Upon studying of the SEC’s parallel civil investigation into, Capuci and his household fled to Brazil.
Capuci, who holds twin Brazil-US citizenship, stays a wished fugitive.
