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    Invictus Capital

    $135M offshore crypto fund group Invictus Capital suspends redemptions, attempts to re-organize

    Citing exposure to the UST stablecoin and Celsius Network 'bank', crypto fund operator Invictus Capital, which was set up by South Africans and claims to have more than $135 million under management in investment funds in the Cayman Islands and British Virgin Islands, has suspended redemptions and is attempting to re-organize under the oversight of voluntary liquidators appointed for its Cayman parent company.

    SEC v. Trends Investments Inc. et al: Complaint

    Complaint alleging "a scheme to defraud investors in private offerings of shares in publicly traded companies" in U.S. Securities and Exchange Commission v. Trends Investments Inc., Brandon Rossetti, Clinton Greyling, Leslie Greyling, described as a citizen of South Africa residing in the United Kingdom; Roger Bendelac, and Thomas Capellini at the U.S. District Court for the District of Massachusetts.

    Brite Advisors South Africa (Pty) Ltd.: R10M Fine

    Administrative Penalty Order by South Africa's Financial Sector Conduct Authority imposing a fine of R10 million on Brite Advisors South Africa (Pty) Ltd., formerly deVere Investments South Africa (Pty) Limited and deVere SA Acuma (Pty) Ltd., for regulatory breaches.

    Nigel Green: Disqualification

    Disbarment Order by South Africa's Financial Sector Conduct Authority imposing a five-year disqualification from the financial services industry on Nigel Green, Founder and CEO of deVere Group,.

    Nigel Green: R2.5M Fine

    Administrative Penalty Order by South Africa's Financial Sector Conduct Authority imposing a fine of R2.5 million on Nigel Green, Founder and CEO of deVere Group, for regulatory breaches involving Brite Advisors South Africa (Pty) Ltd., formerly deVere Investments South Africa (Pty) Limited, including a determination that "he was not fit and proper".

    Guy Davis et al v. MTN Group Ltd. et al: Complaint

    Complaint "under the federal Anti-Terrorism Act on behalf of American service members and civilians, and their families, who were killed or wounded while serving their country in Iraq between 2006 and 2010" in Guy Davis et al v. MTN Irancell Telecommunications Services Company, of Iran; MTN Group Limited, described as "a South African telecommunications company whose stock trades publicly on the Johannesburg Stock Exchange"; Phuthuma Nhleko, of South Africa, and Irene Charnley, of South Africa, at the U. S. District Court for the District of Columbia.

    SEC v. Crowd Machine Inc. et al: Complaint

    Complaint alleging a "fraudulent and unregistered" cryptocurrency offering that "raised more than $33 million from hundreds of investors" and involved entities in Australia, Cayman Islands, South Africa, and United States in U. S. Securities and Exchange Commission v. Crowd Machine Inc., of Delaware; Metavine Inc., of Delaware, and Craig Derel Sproule, a citizen of Australia, as Defendants, and Metavine Pty. Ltd., of Australia, as Relief Defendant, at the U. S. District Court for the Northern District of California.

    Nordic Aviation Capital Designated Activity Company: Chapter 11 Petition

    Chapter 11 Petition by Nordic Aviation Capital Designated Activity Company, of Ireland, part of a group that is "the world’s largest regional aircraft lessor and the sixth largest commercial aircraft lessor, offering leasing and lease management solutions to airlines and aircraft investors worldwide" and comprises companies in the British Virgin Islands, Cayman Islands, Cyprus, Denmark, England, France, Germany, Guernsey, Ireland, Luxembourg, Malta, Singapore, South Africa, Sweden, and United States, at the U. S. Bankruptcy Court for the Eastern District of Virginia.

    Solon Director (Malta) Ltd.: €2.5K Fine

    Public Notice by the Malta Financial Services Authority that it has imposed a fine of €2,500 on Solon Director (Malta) Limited for a regulatory breach.

    Transnet SOC Ltd.: €15K Fine

    Public Notice by the Luxembourg CSSF that it has imposed an administrative fine of €15,000 on Transnet SOC Ltd. for regulatory breaches.

    JP Markets (Mauritius) Ltd.: License Revocation

    Public Notice by the Mauritius Financial Services Commission that it has revoked the license of JP Markets (Mauritius) Ltd. for regulatory breaches. Editor's Note: Research by OffshoreAlert at the Mauritius Corporate and Business Registration Department showed that JP Markets (Mauritius) Ltd. was incorporated on February 6th, 2020, that its directors are Justin George Paulsen and Kurt Anton Paulsen, and that it is managed by Toukan Corporate Services Limited. On the group's website at www.jpmarkets.co.za, it is claimed that "JP Markets is a global Forex powerhouse". The site is operated by South African firm JP Markets SA, which, according to records kept by the South African Companies and Intellectual Property Commission, was incorporated in South Africa on March 29th, 2016, went into in liquidation in 2020, and whose only current director is Justin Paulsen, 34, while Kurt Paulsen, 41, is a former director, both of whom are citizens of South Africa.

    Oak Trust (Guernsey) Ltd. v. William Dewsall: Re-Amended Complaint

    Re-Amended Complaint alleging fraud involving Gable Holdings Inc., of the Cayman Islands, and Gable Insurance AG, of Liechtenstein, in Kevin Alcock, Corita Metelerkamp, both of Surrey, England; Oak Trust (Guernsey) Limited, of Guernsey; Baytree Group Holdings Limited, Morvale Company Limited, Aggaris Investments Limited, all of the British Virgin Islands; Christopher Lawrance, Roy Campbell, both of South Africa, and CriSeren Investments Limited, of Wales v. William Dewsall, of London, England, at the High Court for England and Wales.

    Think Capital Ltd.: Public Warning

    Public Warning by the Bermuda Monetary Authority against Think Capital Limited, part of the "ThinkMarkets group of companies", which "falsely claimed to have a licence issued by the Bermuda Monetary Authority" and which, when contacted by the BMA, claimed that "the statement was made in error and that, instead, it should have stated that it had been issued a licence by the Cayman Islands Monetary Authority". Editor's Note: On its website at www.thinkmarkets.com, ThinkMarkets claims to operate "a premium multi-asset online brokerage with headquarters in London and Melbourne and hubs in the Asia-Pacific, Middle East and North Africa, Europe and South America", and identifies group companies as TF Global Markets Int Limited, of the Seychelles; TF Global Markets (UK) Limited, of England; TF Global Markets (Aust) Limited, of Australia; TF Global Markets (South Africa) (Pty) Ltd., of South Africa; Think Capital Limited, of Bermuda, and TFG (Payments) Limited, of England. Research by OffshoreAlert also discovered other group companies, including one in the Cayman Islands called TF Global Markets (International) Ltd., which is identified on CIMA's website as having received a "Securities - Full" license on April 12th, 2021.

    Craig Featherby: R800,000 Fine

    Order by South Africa's Financial Sector Conduct Authority imposing a fine of R800,000 on Craig Timothy Featherby for a regulatory breach.

    South Africa: Riccardo Spagni (‘Fraud’)

    Complaint for the extradition of Riccardo Paolo Spagni from the USA to South Africa to face allegations of fraud, filed at the U. S. District Court for the Middle District of Tennessee.

    Depaho Ltd.: License Suspension

    Public Notice by the Cyprus Securities and Exchange Commission announcing that it has suspended the license of Depaho Ltd. for regulatory breaches. Editor's Note: Research by OffshoreAlert at the Cyprus Registrar of Companies showed that Depaho Ltd. was incorporated in Cyprus on August 11th, 2011 and its directors are Hananel Levi, Charalampos Hatziokonomou, Aida Rizk, Petros Nakouzi, Neda Herodotou, and Marios Economou. On the company's website at www.depaho.eu, it is stated that Depaho Ltd. "operates under the brand names GTCM, FXGM and TradeApp" and, apart from Cyprus, "is also authorized by the South Africa Financial Sector Conduct Authority".

    Capricorn Trustees Ltd.: €32K Fine

    Public Notice by the Malta Financial Services Authority that it has imposed a fine of €32,000 on Capricorn Trustees Ltd. for regulatory breaches. Editor's Note: Research by OffshoreAlert at the Malta Business Registry showed that Capricorn Trustees Ltd. was incorporated in Malta on July 10th, 2012, its directors are Kevin Forrest, a citizen of the United Kingdom residing in South Africa, and Olivia Micallef, of Malta, and its sole shareholder is Guy William Edmunds, a citizen of Zimbabwe and the United Kingdom who "passed away" on June 15th, 2021.

    Frazer Solar GmbH v. Kingdom of Lesotho: Petition to Enforce Foreign Arbitral Award

    Petition to Enforce Foreign Arbitral Award in the amount of €50 million, plus interest, costs and fees, in Frazer Solar GmbH, described as a German company that "designs, constructs and facilitates the financing of renewable energy projects in multiple countries around the world" v. The Kingdom of Lesotho at the U. S. District Court for the District of Columbia.

    Greensill Capital Inc.: Chapter 11 Petition

    Chapter 11 Petition by Greensill Capital Inc., a Delaware-domiciled "financial services company" that "arranged factoring and reverse factoring programs for clients globally" and which is directly owned by Greensill Capital Management (UK) Limited, of the United Kingdom, and indirectly owned by Greensill Capital Pty Limited, of Australia, and is part of a group that includes companies in Australia, Brazil, Cayman Islands, Germany, India, Isle of Man, Netherlands, Singapore, Switzerland, South Africa, United Arab Emirates, and United Kingdom, at the U. S. Bankruptcy Court for the Southern District of New York.

    Comair Ltd.: Chapter 15 Petition (South Africa)

    Chapter 15 Petition for Recognition of a Foreign Main Proceeding in South Africa by Shaun Collyer and Richard A. Ferguson, as the Foreign Representatives of Comair Limited (in Business Rescue), described as "one of the largest regional commercial airline companies in Southern Africa", at the U. S. Bankruptcy Court for the Southern District of New York.

    Oak Trust (Guernsey) Ltd. et al v. William Dewsall: Amended Complaint

    Amended Complaint alleging fraud involving Gable Holdings Inc., of the Cayman Islands, and Gable Insurance AG, of Liechtenstein, in Kevin Alcock, Corita Metelerkamp, both of Surrey, England; Oak Trust (Guernsey) Limited, of Guernsey; Baytree Group Holdings Limited, Morvale Company Limited, Aggaris Investments Limited, all of the British Virgin Islands; Christopher Lawrance, Roy Campbell, both of South Africa, and CriSeren Investments Limited, of Wales v. William Dewsall, of London, England, at the High Court for England and Wales.

    East Asian Consortium BV v. Bank of America et al: Discovery Application

    Application by East Asian Consortium B.V., of the Netherlands, to take discovery from the New York branches of Bank of America, N.A., Bank of New York Mellon, BNP Paribas USA, China Construction Bank, Citibank N.A., HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A., MashreqBank PSC, Standard Chartered Bank, and Wells Fargo Bank, N.A. for use in legal proceedings in South Africa "against MTN Group Ltd., MTN International (Mauritius) Ltd., Mobile Telephone Networks Holding (Pty) Limited, MTN International (Pty) Ltd., Phutuma Freedom Nhleko, and Irene Charnley", filed at the U. S. District Court for the Southern District of New York.

    Solax Energia Altiplano SA de CV et al v. Ithuba Credit Corp. et al: Complaint

    Complaint alleging, inter alia, fraud in Solax Energia Altiplano SA de CV, of Mexico, and Solax Energy LLC v. Ithuba Credit Corporation, Ithuba Savings and Credit, of South Africa; Ithuba Investment Bank and Statutory Trust, Ithuba Business Advisory Services Inc., Ithuba Holdings Inc., ISCC Group of Companies, of South Africa; Jean Bilala, and Sefudi Paul Maleka, both described as citizens of South Africa, at the U. S. District Court for the Southern District of New York.

    Petra Diamonds US$ Treasury Plc: Chapter 15 Petition

    Chapter 15 Petition for Recognition of a Foreign Main Proceeding in England by Jacques Breytenbach, as the Foreign Representative of Petra Diamonds US$ Treasury Plc, described as being part of "an independent diamond mining group and supplier of gem quality rough diamonds to the international market", at the U. S. Bankruptcy Court for the Southern District of New York.

    Malcolm Duncan v. Max Barber et al: Receivership Motion Opposition

    Max Barber's Opposition to Malcolm Duncan's Motion for an Order "appointing a receiver to sell the set of Nelson Mandela gold hands and accompanying certificates of authentication (the "Mandela Hands"); and (ii) modifying the February 27, 2020 temporary restraining order to permit the receiver to sell the Mandela Hands" in Malcolm Duncan, a citizen of South Africa v. Max Barber, SION Trading FZE, of Ras Al Khaimah, in the United Arab Emirates, and Barlan Enterprises Ltd., d.b.a. Guernsey's, a firm of auctioneers based in New York, at the Supreme Court of the State of New York, County of New York.

    I.T. Knowledge and Expertise CC v. Visa Inc.: Discovery Application

    Application by I.T. Knowledge and Expertise CC, of South Africa, to take discovery from Visa Inc. for use in legal proceedings in South Africa against First National Bank Limited, filed at the U. S. District Court for the Northern District of California.

    Malcolm Duncan v. Max Barber et al: Receivership Motion

    Malcolm Duncan's Motion for an Order "appointing a receiver to sell the set of Nelson Mandela gold hands and accompanying certificates of authentication (the "Mandela Hands"); and (ii) modifying the February 27, 2020 temporary restraining order to permit the receiver to sell the Mandela Hands" in Malcolm Duncan, a citizen of South Africa v. Max Barber, SION Trading FZE, of Ras Al Khaimah, in the United Arab Emirates, and Barlan Enterprises Ltd., d.b.a. Guernsey's, a firm of auctioneers based in New York, at the Supreme Court of the State of New York, County of New York.

    Century Banking Corporation Ltd.: License Revocation

    Public Notice by the Mauritius Financial Services Commission that it has revoked the Islamic Banking License of Century Banking Corporation Ltd. Editor's Note: Research by OffshoreAlert in the Corporate and Business Registration Department for Mauritius showed that Century Banking Corporation Ltd. was incorporated on May 21st, 2008, its directors are Charles Mark Broadley, of Hong Kong; Waleed Qassim Bangash, of Bahrain; Shakil Ibrahim Moollan, and Rajendra Kumar Ujoodha, all of Mauritius; its secretary is Muhammad Houmayd Sulleman Rawat, of Mauritius, and its sole shareholder is CBC Capital Limited, of Hong Kong. Research in the Hong Kong Companies Registry showed that the sole director of CBC Capital Limited is Charles Mark Broadley; and its sole shareholder is Oryx Investment Limited, of Hong Kong, and that the sole director of Oryx Investment Limited is Kenneth Richard Wyness, a citizen of South Africa residing in Mauritius, and its sole shareholder is Ghanim Saad M. Alsaad Al-Kuwari, of Qatar. Charles Broadley ceased being a director of Oryx Investment Limited on July 31st, 2019.

    SEC v. Dennis Jali et al: Complaint

    Complaint alleging the defendants "fraudulently raised more than $27 million from approximately 1,200 investors, many of them African immigrants" in U. S. Securities and Exchange Commission v. Dennis M. Jali, described as a citizen of South Africa; John E. Frimpong, described as a citizen of Ghana; Arley R. Johnson, of Maryland; The Smart Partners LLC, of Delaware, and 1st Million LLC, of Maryland, as Defendants, and Access2Assets LLC, of Maryland, as Relief Defendant, at the U. S. District Court for the District of Maryland.

    CFTC v. Dennis Jali et al: Complaint

    Complaint alleging the defendants "orchestrated a Ponzi scheme that ultimately yielded over $28 million in fraudulently solicited funds from over 1,000 individuals, entities, and groups of individuals" in Commodity Futures Trading Commission v. Dennis Jali, described as a citizen of South Africa; Arley Ray Johnson, of Maryland; John Frimpong, a.k.a. 'Dr. John Erasmus'; 1st Million LLC, a.k.a. 1stMillionDollars, of Maryland; Smart Partners LLP, of Delaware, and Access2Assets LLC, of Maryland, at the U. S. District Court for the District of Maryland.

    Nkwe Platinum Ltd. v. Glendina Ltd. et al: Originating Summons

    Originating Summons in Nkwe Platinum Limited, of Bermuda v. Glendina Limited, of Australia, as Trustee of the Sunset Superannuation Fund; Genorah Resources Proprietary Limited, of South Africa, and 456 individual defendants from Australia, Germany, Isle of Man, Malaysia, New Zealand, Sweden, Thailand, United Kingdom, and United States at Bermuda Supreme Court.

    The Industrial Development Corporation of South Africa Ltd. v. Bank of America et al: Discovery Application

    Application by The Industrial Development Corporation of South Africa Limited to take discovery from Bank of America N.A., Bank of Baroda, Bank of China, New York Branch; The Bank of New York Mellon, BNP Paribas, New York Branch; Citibank N.A. Commerzbank AG, New York Branch; Deutsche Bank Trust Company Americas, HSBC Bank (USA) N.A., JPMorgan Chase Bank, N.A., Mashreq Bank, New York Branch; National Bank of Abu Dhabi, Societe Generale, New York Branch; Standard Chartered Bank, New York Branch; UBS AG, New York Branch, and Wells Fargo Bank N.A. for use in legal proceedings in South Africa involving Oakbay Resources and Energy Limited and allegations of "money laundering, common law fraud, and securities fraud", filed at the U. S. District Court for the Southern District of New York.

    Griffin Line Trading LLC v. Centaur Ventures Ltd. et al: Judgment

    Ruling regarding an application for a worldwide freezing order in Griffin Line Trading LLC, of Dubai v. Centaur Ventures Ltd., a Bermuda company that "acted as a commodities trader of coal in South Africa", and Daniel James McGowan at Bermuda Supreme Court.