In the request, MP pointed out that the Securities and Exchange Commission reported that the company acted with evidence of fraudulent practices
In December last year, the Acri Judge denied a request by the Public Prosecutor (MP) to suspend operations and freeze the assets of Xland Holding Ltda, a company accused of embezzlement by players Gustavo Scarpa and Mayke.
In the decision reached by EarthJudge Olívia Maria Alves Ribeiro, of the Fifth Civil Court of Rio Branco, argued that there were “no concrete elements in the file to support the alleged evidence of fraudulent practices”.
In the request to the Judiciary, the deputy stressed that Xland has offered its clients investments in the cryptocurrency market with unusual profitability, taking advantage of the volatility of digital assets.
In addition, the agency said the company was offering high returns, with loss limits and profitability targets that were complex to manage and implement, combined with a lack of public information about associated risks and the feasibility of investing.
According to the Public Prosecutor’s Office, these aspects would have been interpreted by the Specialized Federal Prosecutor at the Securities and Exchange Commission (CVM) as evidence of practices connected to fraudulent schemes.
Furthermore, according to the Public Prosecutor’s Office, “the system adopted by the accused company suggests a fraudulent scheme applied to deceive people with the promise of exorbitant earnings, without there actually being any service provided, firm or underlying enterprise, such as financial pyramids and Ponzi schemes”.
The parliamentarian also stressed that there is no detailed information on who is responsible for the custody of the money, the owners, the company’s technical staff and the professionals trained to act in the provision of services.
The company even asked for the trial to be held in secrecy from the justice, which was denied by the judge. The magistrate, however, denied the requests of the Public Prosecutor.
“As if the absence of the likelihood of the law were not enough, with regard to the request for suspension of the activity of the defendant company Xland, I believe that the suspension of the company’s activity would lead to a danger of reverse damage, since, by suspending the activity of the company without solid evidence of the alleged fraudulent scheme, could lead to the ruin of a legitimate business (which, at present, is presumed) and, therefore, harm potential customers and bona fide investors,” the judge said in the decision.
understand the case
Scarpa claims he suffered a BRL 6.3 million scam by Xland, as he entered into a cryptocurrency investment that had an expected return of 3.5% to 5% per month. According to him, the company was recommended by Willian Bigode.
Scarpa managed to block 1.8 million reais from Bigode’s accounts, but the flu attacker managed to overturn the court decision last Friday, 10, claiming there is no evidence.
This Monday the 13th, Willian Bigode took to social media and commented on the controversy. “I am reluctant to record this video, but I am here to point out and clarify a few things. WLJC is a financial management company, not an investment firm, not a brokerage. I am not the owner or partner of Xland, much less a scammer. Also because I haven’t taken money from anyone,” he began.
“I am a victim, because until today I have not received my appeal. And the most painful, embarrassing and sad thing is seeing and hearing lies and slander, but my team of lawyers is already taking all the necessary measures,” he said. concluded the Attacker fluminense.
In addition to Scarpa, fullback Mayke was also allegedly injured for more than R$ 4 million. According to them, the deal was presented by Willian, who set up a financial advisory firm, WLJC Consultoria e Gestão Empresarial.
The two companies involved in the alleged scam against the players Scarpa and Mayke do not have authorization in the systems of the Securities and Exchange Commission (CVM), the Association of Financial and Capital Market Entities (Anbima) and the Central Bank to invest in cryptocurrencies .
Exchange of messages between Scarpa and Willian
A report broadcast this Sunday by Fantástico gave details of the case. The program showed an exchange of messages between Scarpa and Bigode. In audio, the former Palmeiras player asks his friend for help in resolving the situation and receives the attacker’s reply that “now the question is to pray”.
“I’m sad, man, really. I’m sad because it’s my heritage. It’s almost all of my heritage. I can’t take the risk of losing,” Scarpa told Bigode.
“Scarpinha, now it’s not about trust anymore, brother. Now it’s about praying. Doing what I know. Now it’s waiting on the Lord,” says Willian.
After the dialogue, Scarpa tells Bigode that he will file a police report and must name Willian’s company. In November 2022, she presented the case to the police.
“Mustade, my lawyer is advising me to make a BO, brother. Criminal. To the police itself (…) Out of respect, friendship, consideration and love I have for you, I wanted to touch you first. Unfortunately I will have to speak about your company,” says the midfielder.
In an interview reported in the article, Scarpa’s lawyer, Carlos Henrique de Oliveira Pereira, revealed that the player is “very disappointed, dissatisfied and very angry” with his former teammate. On Monday morning, the midfielder mocked Willian’s response to his rant by posting a selfie with the caption “I really need to pray more.”
The accused company claims to be a victim
Gabriel de Souza Nascimento, one of the owners of Xland Holding Ltda, stated for the first time in an interview with Fantástico that he was also a victim of the disappearance of the money and gave his side of the story.
In the conversation with the journalist, Gabriel places Xland as one of the victims of the case and explains that the loss of money invested by the Palmeiras players, which amounts to R$ 10.8 million, was due to the fact that all the company’s operations are were made through FTX, a company that went bankrupt in November 2022.
Due to the bankruptcy, according to Gabriel, Xland is preparing to meet the companies asking for compensation for the loss suffered. According to him, the value of the loss exceeds R$ 80 million.
Asked by the report if there was a document or other type of evidence confirming Xland’s operations in FTX, Gabriel de Souza Nascimento clarified that “yes”, but has not presented anything for the moment.
Source: Terra
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