A member of the GetHashing Forum is organizing a class action lawsuit against GAWMiners.

Hi Everyone.

After numerous discussions on the topic, I will be reaching out to a law firm next week to gauge their position on a potential class action lawsuit against GAW. The firm has experience in such matters already.

If you are interested in taking part in such a suit, please PM me to indicate your interest.

Although there are avenues to subpoena account and trading information from Zencloud’s and GAWminers’ websites, including other outlets for the sales of Hashlets and HashStakers, I suggest everyone interested in participating in a suit start the accounting process now on their own, to be safe.

Once I have communicated with the attorneys, I will relay the conditions of such pursuit to everyone via PM only. I will not be doing so via public forum.

Again, I will be contacting this law firm to gauge their opinion on such a suit prior to announcing this again. To gauge preliminary interest, you must PM me with your intent. There will not be a need to divulge your real identity, your UID is enough at this stage. DO indicate you estimation as to your “realized” losses. Take also into consideration your recovery values from selling your assets in the marketplace at their greatly depreciated values. I will only need an estimate.

Due to the nature of this suit, and the number of people involved globally, my intent is to pursue this on a class level, including non-U.S. citizens residing in other countries around the globe, “if possible.”

U.S. law requires only two people to gain class status in the courts. We technically have thousands.

Although the intent is to recover losses, I will also be focusing on punitive relief relating to the violation of multiple FTC statutes and rules on product misrepresentation and false advertisement, including the probable condition of bait and switch tactics on several levels. This I will discuss with the attorneys when I contact them and set up an informal discussion or discovery process.

Since this particular case has been so publicly covered, I am guessing they will already have much knowledge of the conditions leading up to this point. Moreover, it has been thoroughly covered in the various crypto news websites.

I am locking this thread to prevent people from posting in the clear. You must PM me your interest.

Thank you!

Have you lost money from an investment with GAWMIners? Please contact the author by PM at the GetHashing forum to join in the class action lawsuit.

On 15 May 2015 the author added this information at the PaycoinTalk forum:

Hi Everyone.

I have not posted this here in talk.paycoin.com, primarily because “the person who shall be nameless” hangs out here. However, most of you know anyway, so I have decided to post.

For a month now, there has been an open group formed on Forum.gethashing.com that will be filing a lawsuit to recover losses incurred from all of the products and services purchased or, pre-ordered, from GAW. I will not go into the details of how the case is being formed, nor will I go into any specific details that will lend assistance to the defendant. As @Huey and other prime leaders, here in your forum, can attest, I am not in the habit of giving information or ammunition to my enemies.

If you wish to join this group, you need to contact me, either on forum.gethashing.com, or via this email set up for this purpose: gaw.lawsuit.allen1980s@gmail.com. You need to include the following “initial” information:

Your “main” Hashtalk UID.
The amount of money you have lost.
An email address to which I can send updates as they occur.

Later, you will need to provide the following, once we official prepare the complaint to be filed:

Your legal name.
Your physical address.
Your telephone number.
A copy of your state/government ID.
Your Zencloud user name, for account transactions verification (this is explained later).

The group is international, so passport copies will also be acceptable.

Why this information must be disclosed:

The complaint must list all members of the group who are part of the litigation, their legal names, their official addresses, and proof they are who they claim to be.

In the United States, court awards from lawsuits recovering physical damages are NOT taxable. However, since we are also going after punitive damages in the millions of U.S. dollars, that portion of award is taxable under the U.S. Tax Code (See links below to help explain this). Moreover, depending tax laws of the country in which you reside, you may have to check your respective country’s laws concerning court awards received from other countries. I will also point out that most countries in the world allow foreign taxes paid to be deducted from your personal taxes in your respective countries in which you all reside. In essence, although you may have tax liabilities here in the U.S. for the punitive parts of the judgment, whatever you pay here may completely erase your personal tax liabilities in your home country. When the time arises, I will remind everyone to check with their local tax accountant or consultant to determine their prospective tax liabilities from any awards.

Once a judgment has been collected, and it WILL be collected, the funds will be collected by a “real” third party escrow (an attorney in the U.S.). These funds will sit is escrow, thereafter being disbursed, once I have validated each member’s claim to their losses through copies of the Paybase, Zencloud and possibly the GAWminers databases. Two of these databases are already obtainable through another party. The third, may not, in which case each member will be responsible for providing the missing information through email confirmations received from their transactions on GAWminers.com. Once the account values have been verified, the funds will then be disbursed from the attorney-escrow to each individual identified and verified, less any remittance fees and escrow fees. Funds will be disbursed in U.S. Dollars. These funds will include the principal and any damages awarded and retrieved. In the event that the total funds awarded are less than the total losses accrued, each member will receive their percentage share of the overall group’s total. I am not expecting this. All disbursements will be NET attorney’s fees, escrow fees, and remittance fees.

Allen1980s went on to post the following comments at PaycoinTalk:

Attorney’s retainer: 20,000 USD (refunded upon receipt off financial award).
Attorney will invoice hours against the retainer until the court judgment.
Attorney’s fees: 10% to 15% of the total award.
Investor fee: Your fee will be equal to your loss contribution, as a percentage of the total loss value of the group.

Example:

Total group losses: $5 million
Your loss in the group: $100,000
Your contribution to the retainer: 400 USD

You will not send the retainer now. The group is still open.

I will be closing the group, once I have completed the organization of the evidence that will be transmitted to the attorney for filing the formal complaint.

Once we are ready to file the complaint, then everyone will be notified of the following:
Group total accrued losses.
Member’s stated losses.
Member’s percentage of the retainer.
Member’s Bitcoin equivalence of their portion of the retainer.

Once you have been notified of your portion of the retainer in Bitcoin, you will be given a Paycoin Foundation Bitcoin address to send the Bitcoin to, as they have tentatively agreed to act as escrow for the attorney’s retainer. Ensure that you have signed your transaction with your identity!! Once you have been notified of the amount in Bitcoin, you will have 72 hours to remit your portion of the retainer to the Paycoin Foundation’s special Bitcoin wallet address. If you have not remitted your share of the retainer, you will be dropped from the group. For those who fail to transmit their portion of the retainer, the numbers will be recalculated. If the value of the missing contributions is less than 2,000 USD, I will cover that shortfall, but those who have failed to pay their portion of the retainer will remain out of the group and receive none of the award from the lawsuit.

Once all of the funds have been received, the Paycoin Foundation will convert the Bitcoin to fiat (USD) and make a wire or check transfer to the attorney’s escrow account, established for this suit.

I want to include the following statements:

There are no guarantees that the suit will be won.
Your retainer contributions will be forfeited to the attorney, as payment for their work, if we lose.
You must be verified on identity and account values before the funds are disbursed to you. I will start that process once the case complaint is filed. I will not wait for the judgment or settlement proceedings.
The law firm is experienced in crypto-based lawsuits.
The law firm operates internationally.
Members of the group will not have to appear in court. All members will be represented by proxy through a small, select number of individuals who can appear in court on behalf of the group. Once these people are identified and have committed, their names be listed for everyone to see.

On a personal note (UNOFFICIAL):

I have been told that the law firm is already fully cognizant of the GAW fraud. A few have approached them already, but they were turned away for reasons I will not disclose here. They have already stated that the case is solid and is highly likely to result in a judgment and punitive damages. My work, thus far, on this case has been to ensure that we have the highest probability of a judgment and to ensure that costs are kept to the lowest level. I am accomplishing this by filtering through the vast amount of evidence, categorizing the evidence into specific topic-related subjects, and including graphic images taken from screenshots of GAWminers.com, Paybase.com, Zencloud.com, Paycoin.com, Hashcoin.com, Hashtalk.com, and all other websites associated with GAW, which made official public statements of performance or guarantees, including the various variations of the ToS from all of the websites.

To ensure that we will be getting the full attention of the various defendants and their respective representatives, I will put into place certain actions, which will be activated to ensure the public exposure this lawsuit deserves.

To contact allen1980s to join in the lawsuit you may email him at gaw.lawsuit.allen1980s@gmail.com or use the ATangledWeb.Info web form.

More information on the timeline and alleged claims is also available and worth your attention.