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Claim No.~ioi - Z

IN THE SUPREME COURT OF THE BRITISH INDIAN OCEAN TERRITORY

BETWEEN:

Johannes Heyns

Claimant

-and-

AXECC.10(AXE Crypto Currency or AXECC)

Dpfpndant

PARTICULARS OF CLAIM

Parties

Claimant Johannes Heyns is a citizen of the Republic of South Africa, residing in


Pretoria, South Africa.
2. Defendant AXECC.IO (AXE Crypto Currency or AXECC) purports to be a crypto
currency trading or investment platform with no fixed abode or office except for its Top-
Level Domain .io website: axecc.io.
3. The domain registration for axecc.io is masked and leads to a privacy service Whois
Privacy Corp. in Nassau, The Bahamas.
Background to the Claim

4. This is a claim for deceit for £123,923 fraudulently obtained from Claimant by the
Defendant known as AXECC.IO(AXE Crypto Currency or AXECC).

5. AXECC presents itself as a Legitimate trading platform or venue for crypto currency
transactions.

6. The AXECC.IO website states that its purpose is: "Trade on the moving values ofthe
Cryptocurrencies for higher geared returns on Axecc Trading Platform."

7. AXECC.IO however is not a licensed trading platform in the British Indian Ocean
Territory or any other jurisdiction.

8. AXECC claims it has devised a unique trading strategy that can produce an extremely
high return in less than two months.

9. The Claimant asserts that AXECC does not trade crypto currency but simply induces
investors to divest themselves of money and/or crypto currency and then posts false
invoices showing impressive profits in order to obtain more deposits from victims.

10. The Claimant asserts AXECC is a criminal organisation with no purpose other than
criminal activity and receiving payments from its victims in crypto currency and through
credit card and bank wire to third party remittance services or criminal confederates.

False Representations

11. In November 2017 Andrew Kirov, aself-described "senior broker" purportedly based
in Oslo, Norway referred Claimant to AXE Crypto Currency "AXECC" doing business
as AXECC.IO. While Kirov pretended to be unaffiliated with AXECC, the Claimant
asserts that Kirov's job was to steer victims to AXECC.

12. AXECC through its brokers andlor touts Tomas Miller, Sofia Rojas and Tanya Brown
induced Claimant to deposit £123,923 in a series of transactions from November 2017
through June 2018, the majority of which were obtained through the simple expedient of
providing a running false accounting showing trading profits. Claimant's payments were
made to AXECC in a series of approximately 20 transactions including various other
payments such as"taxes" and "fees." The payments were in mixed transactions ofPound
sterling, Euros, and US dollars as well as crypto currency including the following
payments and dates:

E 5000 16/11/2017

E 7250 04/12/2017

E 5000 12/12/2017

E3520 12/12/2017

E8520 13/12/2017

7691 04/03/2018

~18144 15/03/2018

E
$7000 28/03/2018

E8722 10/04/2018(Tax)

X7000 18/04/2018

E2234 26/04/2018

E3320 14/05/2018

E 6000 01/06/2018 (Service Fee)

£ 3000 11/06/2018 (Service Fee}

E 1000 13/06/2018 (Service Fee)

E20,768 10/06/2018(Advance Fee)

Other payments were in crypto currencies on various other dates between November 2017
and June 2018.

13. Claimant was encouraged to continue to fund the AXECC account as his "profits"
grew with the AXECC account balance peaking at E284,607 by May 2017. See Exhibit
"1" attached.

14. On April 10, 2018, AXECC produced a false assessment from Her Majesty's
Revenue &Customs(`HMRC') in the sum ofE8722 with which they induced Claimant
to pay to them. HIVIRC later confirmed the tax bill assessment was a complete forgery
but Claimant was indeed deceived by it and paid the funds to AXECC who corruptly
personated ~-IlVIRC. See Exhibit"2" attached.

15. On May 21, 2018, AXECC provided a false accounting to Claimant demanding a
E6000 service fee before Claimant's funds could be released, which the Claimant paid
this fee as well. And on On June 11 and June 13, 2018, AXECC demanded that Claimant
pay service fees totaling 3000 and 1000 E, which he did.

16. AXECC however did not release the promised X284,607 but instead Claimant was
contacted in June 2018 by two of claimant's agents, the Andrew Kirov and Rainer
Swartzmann who intentionally and falsely promised to gain more funds from Claimant
that in exchange for an additional payment of E20,767.85, the said E284,607 would be
released to Claimant. Pursuant to an agreement with Kirov and Swartzmann, Claimant
paid E20,767.85, but no funds were released Claimant. The entire charade being what is
termed an "advance fee scam." See Exhibit"3" attached.

17. As a result of AXECC's many intentional misrepresentations which were relied upon
by Claimant his losses totaled at least £123,923.

Jurisdiction

18. The Supreme Court of the British Indian Ocean Territory has jurisdiction over
activities occurring within and without the Territory:

Tj1eflll'1SC~1CllOt1 Ofl~le S?/~JT'enl~ COl/Yt ifs all itsft~t~ctiofts shall exlej~d throughout
the Territory: P/'OVIC~G'C~ Ij1Ql Ij11S SeC11U11 S~IQII 1101 Ile COfISII'll~'CI QS CIllllllllSj?Ill~ Qlly

3
jurisdiction ofthe S~~preme Cvrirt relating to persofis beijrg, or to matters arisij~g,
outside the Territory.

British Indian Ocean Territories Courts Ordinance No.3 of 1983, section 8.


19. The British Indian Ocean Territory's country code top Level Internet domain "ccTLD"
is ".io" and is available for worldwide commercial use.
20. Batelco/SURE provides Telecom and Internet services to the British Indian Ocean
Territory and maintains facilities at Diego Garcia. The ccTLD Administrator
Batelco/Sure office on Diego Garcia is the designated holder of the .io ccTLD registry
according to IANA (Internet Assigned Name Authority).
21. IANA is responsible for determining an appropriate trustee for each ccTLD.
Administration and control is then delegated to that trustee, which is responsible for the
policies and operation of the domain. The current delegation can be determined from
IANA's list of ccTLDs. The designated trustee of.io is Batelco/Sure formerly known as
Cable &Wireless.
22. A UK company, Internet Computer Bureau Ltd. also known as "ICB", manages the
sale of .io domains for commercial use. Batelco/SURE and the British Indian Ocean
Territories Administrator maintain a relationship with ICB.
23. ICB conducts business through resellers who in turn sell .io domains to service
providers such as the Whois Privacy Corp. organization which is utilized by Defendant.
24. Public information about axecc.io is as follows and available at
https://www.nic.io/whois-search.htm:
Domain Name: AXECC.IO
Registry Domain ID: D503300000096579586-ERNS
Registrar WHOIS Server:
Registrar URL: www.tldregistrarsolutions.com
Updated Date: 2018-11-19T12:16:132
Creation Date: 2018-04-23T15:44:26Z
Registry Expiry Date: 2019-04-23T15:44:26Z
Registrar Registration Expiration Date:
Registrar: TLD Registrar Solutions Ltd.
Registrar IANA ID: 1564
Registrar Abuse Contact Email:
Registrar Abuse Contact Phone:
Reseller:
Domain Status: ok https://icann.org/epp#ok
Registrant Organization: Whois Privacy Corp.
Registrant State/Province: New Providence
Registrant Country: BS
Name Server: NED.NS.CLOUDFLARE.COM
Name Server: ROSA.NS.CLOUDFLARE.COM
DNSSEC: unsigned
»> Last update of WHOIS database: 2018-11-20T04:43:06Z «<
25. The WHOIS registry lists "Whois Privacy Corp." of The Bahamas as the website
registrant. Whois Privacy Corp. is a proxy registrant service, its website states: "Whois
Privacy Corp keeps your domain name ownership details private. Our contact information
is made public in the Whois Directory and your details are kept hidden from view. If you
need to contact an owner, please send an email to the email address you found in the
public whois." There is however no email listed as a contact for axecc.io contrary to
normal protocols.
26. The website of Whois Privacy Corp. at whoispriavacycorp.com states that its
address is: Whois Privacy Corp., Ocean Centre, Montague Foreshore, East Bay Street,
New Providence, Nassau, The Bahamas. And further indicates it acts an agent for
receipt of legal process for its clients.
27. The High Court(Queen's Bench Division) has found that mail and email service upon
a proxy registrant service is sufficient for the grant of injunctive relief against one of its
clients: See:[2015]EWHC 2628(QB).
28. This Court has jurisdiction over this matter for the following reasons:
(i) The Top-Level Domain Registry for the .io Internet domain is officially sited by IANA
fat the office of Batelco/Sure on Diego Garcia, British Indian Ocean Temtory.
(ii) Defendant's only known current address is the domain bitblender.io.
(iii) Service of process may be made upon the Defendant owing to its open usage of the
Whois Privacy service which provides a judicially recognized avenue for service of
process and legal defense.
(iv). The losses of the Claimant are significant, and its only remedy against Defendant
lies with this Court.
(v) It is in the interests of this Court and the British Indian Ocean Territory to assert
jurisdiction over the matter.
Interest
29. The Claimant is entitled to and claims interest at such rate and for such period as the
Court deems just pursuant to section 35A of the Senior Courts Act 1981 (according
pursuant to Ordinance No. 3 of 1983 and Statutory Instrument No. 5 of 1984, section 5.1).
30. The Claimant seeks
(i) Damages for deceit in the amount of £123,923;
(ii) Interest as aforesaid;
(iii) Legal fees and costs;
(iv) Such other relief as this Court finds appropriate including referral of Defendant for
criminal prosecution.

JONATHAN LEVY
DUNCAN MACDONEILD
Legal Practitioners and Solicitors for Claimant, Johannes Heyns

5
Statement of Truth

The Claimant believes that the facts stated in these Particulars of Claim are true
I am duly authorised by the Claimant to sign this statement.
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Signed Date December 6, 2018

Name: JONATHAN LEVY

Claim No. Qt~- ZD!7 ~a~~ `IL

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IN THE SUPREME COURT OF THE BRITISH INDIAN OCEAN TERRITORY

BETWEEN:

Johannes Heyns

Claimant

-and-

AXECC.10(AXE Crypto Currency or AXECC)

Defendant

PARTICULARS OF CLAIM
EXHIBIT ONE
n

Tv the Investor:Joh~innes Hcyns


Address: 81 Campbell Rd,Glen Lauriston,Ccnturion,Wicrdapark,01~~
Phone Number:+27$3320-t89G
E-mail: Johhcy~ns~u ~•ahoo.com

N~689-18/297GP 21May 2018

Letter of guarantee
The company «Axe Crypto Currency» in the name ofThe Chief Executive Officer Sofia Rojas undertakes
to pay the,investor Johannes Heyns funds in the amount of EUR 284,607.30(nvo hundred eighty-four
thousand six hundred seven euro and thirty cent)from the bank account of the investor in the «Axe
Crypto Currency» PLC under the number ~705686~ 1c77e 1d95284ac7f ID: 155648870

The cash payment will be carried out exclusively after the investor will make the official payment ofthe
invoice made by the company, namely EUR 6000.00(siY thousand euro and zero cents).

Beneficiary name: TELEPORTAL KFT


Swift/ BIC: OBKLHUHB
Bank Address: A-4020 Linz, Untere Donaulande 28 Austria
Bank Name: OBERBANK AG BANK
Branch Address: Vaci ut 1-3, Budapest 1062, HunQary
Currency• EUR
IBAN: HU17184000101000050610120185
Account number: 1.84000101000050610120185

The start and the end dates for payment are set up, to be exact in the period from the 21/0/2018 to
31/0~/2018.A11 the official fees should be paid by the investor not later than 31/0/2018. The company
"A.xe Crypto Currency" undertakes to get the payment not later than 01/06/2018.

The funds will be transferred to the investor by bank transfer to the bank account investor.

Name of the Recipient: J Hevns


Address of the Recipient: 48 Riverview Cr, Eldo Lakes West, Glen Lauriston X5,0185
Name of the Bank: Absa Bank
SWIFT / BIC: ABSAZA.1.1
IBAN/Account#:
EXHIBIT 2

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N~.1RC fol Act Team Room 1C~~3 100 Parli~r~ient Street Lo~idon 51~'~iA ~E3Q ~,.v~~w.yov.uk

IN~~RN1A►TION LETTER
We appeal to the Broker company (Axe Crypto Currency). HMRC informs you that the transfer(number
56fZ723dd09a3d560fbac583) made in your company total of 70000.00 EUR are arrested by executive service of
fees and taxes of Great Britain. This total amount was sent by the bank (Postbank) by using SEPA transfer.
Transfer was made from Great Britain to South Africa, the final recipient was Mr. Johan Heyns.

Annual income on the investment account(155648870) was 174310.83 EUR, after investigation by HMRC.
Preferential tax rate for such income is 12.46% for the Non-UK residents. The nominal beneficiary of the account
is, Johan Heyns South African citizen, who has the right to pay preferential tax.

Based on the conducted of the HMRC investigation, it was revealed that the ultimate owner of the account is the
citizen of South Africa and has obligations to pay double taxation, stated in the Law System of the UK. The double
taxation for is 12.46%. As a result of the investigation, it became clear that the citizen took advantage of the
service of nominee service, which is regarded as tax evasion in especially large sizes.

We want to resolve this issue peacefully without resorting to the international court system. That is why we ask
you to pay income tax at a rate of 12.46%, which is 8722.00 EUR. On the basis of previously paid 0%(0.00 EUR),
the amount of co-payment is 8722,00 EUR (12.46%). Please make the payment not later than 23th April 2018.
After tax payment funds will be removed from the arrest, and will be transferred to the account of Mr. Johan
Heyns.

Otherwise, international HMRC department will have to send a request to the Internal Revenue Service of South
Africa with respect to financial fraud committed by a citizen of South Africa, funds will be forfeited in favor of the
state. Payment of income tax must be held on behalf of the nominal beneficiary, namely.

IND~, KC~tOGNi~II
H~/~, ~f'ax ~~epartrnent
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EXHIBIT 3

Postbank Zentrale
Investor Relations Fridrich-Ebert-Allee 114 —126
Postfach 4000 Bonn
E-Ma'tl: finance@postbank.de

Ctaim Assignment Agreement(Cession) N~377-AC19/1

City of Bonn 20 June 2018

Johannes Heyns, 81 Campbell Road, Wierdapark, 52000, South Africa, citizen of South Africa, hereinafter "Assignor",
from one side,
and, Deutsche Postbank AG, hereinafter "Assignee", acting through its principal representative Rainer Schwarzmann,
hereinafter referred to as the "Parties", have executed the Claim Assignment Agreement {hereinafter "Agreement"}
on the following conditions:

1. The subject matter of the Agreement

1.1. On the conditions of the Agreement, belonging to the Assignor, the Assignor conveys and the Assignee accepts
the Assigned Claims to Axe Crypto Currency number: 79655 Address: Unit B Colney Hotch Lane, London, N~01ET
(hereinafter the "Debtor"):
1.2. The Assigned Claims to the Debtor pass to the Assignee to the same extent and under the same conditions,
existing at the moment of issuing the Agreement, including the rights, securing the performance of the obligations
and the other rights, connected to the Assigned Claims, including:
-The amount of the debt: 284,607.30(two hundred eighty-four thousand six hundred seven euro and thirty cent).
1.3. The Assigned Claims pass from the Assignor to the Assignee on the day of crediting to the Assignor's
account, indicated in Section 7, the funds of the amount specified in paragraph 2.2 of the Agreement.
1.4. There are no disputes and encumbrances at the time of conclusion of the Agreement.
1.5. The Assignee is responsible for invalidity of the Assigned Claims towards the Assignor.

2. The payment terms and conditions

2.1. For the Assigned Claims the Assignor pays to the Assignee the price, which amounts to EUR 20747.85 (twenty
thousand seven hundred forty-seven euro and eighty-five cent). The amount includes bank commission and legal
fees for the conclusion of the case against the debtor from the total amount of the debt indicated in paragraph 1.
2.2. The funds in the amount of EUR 20747.85 (twenty thousand seven hundred forty-seven euro and eighty-five
cent) have to be sent to the Assignee's account, indicated in Section 7, by the Assignor no later than one day from
the date of the Agreement after both parties sign.
2.3. The Assignor's obligation in payment of the Assigned Claims is discharged from the moment of crediting the
amount, specified in paragraph 2.1 of the Agreement, in fu11.
2.4. The Assignee pays to the Assignor the amount of the main debt, specified in paragraph 1.2. to the Assignor's
account, indicated in Section 7, no later than in two days from the crediting of the funds specified in paragraph 2.2.

3. The Obligations of the Parties

3.1. The Assignor is obliged:


3.1.1. To hand over the documents according to the Delivery-Acceptance Act (the Appendix 1 to the Agreement,
further —the Acts, which state the Assigned Claims to the Debtor in accordance with the clause 1.2 of the Agreement
and to provide the information relevant to the implementation of the claim no later than 10 days from the payment
day of the Assigned Claims according to the paragraph ~.3. of the Agreement.
3.1.2. To pay to the Assignee the funds specified in paragraph 2.1. and in the order specified in paragraph 2.2. of the
Agreement.

1
Postbank Zentrale
Investor Relations Fridrich-Ebert-Allee 114 —126
Postfach 4000 Bonn
E-Mail: finance@postbank.de

3.2. The Assignee is obliged:


3.2.1. To pay to the Assignor the funds of the amount of the main debt, specified in paragraph 1.2. and in the order
specified in paragraph 2.4. of the Agreement to the bank details indicated in Section 7 in one bank transfer.
3.2.2. To accept the documents, verifying the Assigned Claims to the Debtor, according to the Act, on the day of their
proceeds from the Assignor.
3.2.3. To inform the Debtor about the accomplished transferring of the Assigned Claims at the own expense and
within 3 days from the day of receiving the documents.
3.2.4. To provide the Assignor with the copy of the documents, verifying the fulfilment of the obligations by the
Assignee, specified in paragraph 3.2.3. of the Agreement, within 10 days from the day of notification the Debtor,
regarding the accomplished transferring of the Assigned Claims.

4. The responsibility of the parties and the avoidance of the contract

4.1. For non-performance or improper performance of the Agreement's obligations the Assignee is liable to the
penalties, provided by law and this Agreement.
4.2. The Assignee has the right to refuse to perform his obligations of the Agreement unilaterally in the case of the
delay of the performance of the Assignor's obligations, specified in paragraph 3.1.2 of the Agreement. The
Agreement will be considered avoided from the date of sending the written notification by the Assignee to the
Assignor, regarding the refusal of performing his obligations of the Agreement.
4.3. In the case of non-performance by the Assignee of his obligations, specified in paragraph 3.2.1 in accordance
with the conditions for which the Assignee is responsible and which can't be eliminated within 14 days, the Assignor
has the right to avoid the Agreement in the order stated by the law. In this case with the avoidance of the
Agreement the Assignor receive back all the funds that he sent.
The returning of the funds is implemented, using the banking details, indicated in Section 7.
4.4. The Asignee, which hasn't performed or improper performed the Agreement's obligations has to pay the
damages.

5. The resolution of disputes

5.1. The Parties take measures for solving the disputes and disagreements, caused by this Agreement, by
negotiations.
5.2. Unregulated by the Parties disputes, according to their jurisdiction, provided by procedural laws, are referred to
the Court of Arbitration at the location of the Assignor or to the court of law at the location of the Assignor.

6. The Final Clauses

6.1. The Agreement enters into force on the date of signature and is valid until the full satisfaction of the obligations
of the Agreement by the Parties.
6.2. In the case of changing of the banking details, legal address, name or other details of any of the Parties, the
Party has to inform the other Party immediately. Notifications and payments, sent to the old address and details
before the receiving of new details are considered as the performing of the Agreement's obligations.
6.3. All the amendments and additions to the Agreement are valid in the condition of being performed in writing and
signed by the authorized representatives of the Parties.
6.4. In everything else not regulated by the terms of this Agreement the Parties will be guided by the existing
legislation.
Postbank Zentrale
Investor Relations Fridrich-Ebert-Allee 114 —126
Postfach 4000 Bonn
E-Mail: finance@postbank.de

6.5. The Agreement is completed on 3 ~three~ pages in two copies, having the equal legal force, one per each of the
Parties.

7. The names, addresses, banking details and signatures of the Parties

The Assignee:
Beneficiary name:TELEPORTAL KFT
Swift/ BIC: OBKLHUHB
Bank Address: A-4020 Linz, Untere Donaulande 28 Austria
Bank Name: OBERBANK AG BANK
Branch Address: Vaci ut 1-3, Budapest 1062, Hungary
Currency: EUR
IBAN: HU17184000101000050610120185
Account number: 184000101000050610120185

The Assignor:

Recipient: J Heyns

IBAN:

Bank of the recipient: ABSA

BIC/Swift: ABSAZAJJ

Bank Adress:48 Riverview Cr, Eldo Lakes West, Glen Lauriston X5, 0185

Regulated by: Andreas Kirov

Date: Date: 17.04.2018

The Assignor The Assignee

Johannes Heyns Rainer Schwarzmann