Late on September 10, star of OKCoin father Xu is surrounded to block up by the person that thought fors the time being, after that both sides is taken to reach Shanghai by police police station of new housing development of mill of Wei of substation of Pudong of public security bureau. On September 11, shanghai police says as a result of Xu Mingxing Shanghai company and digital money have nothing to do, its experience futures explodes storehouse case already was in Beijing put on record, material will turn over Beijing classics detect to deal with, whether to adopt administrative coercive measures to will be decided by Beijing police to Xu Mingxing again.
On September 13, 2018, after be being taken away to assist investigation to cause acuteness society echo by police in Xu Mingxing, OKCoin releases statement to say in official platform:
1, him Xu Mingxing never has been investigated by put on record of any mechanism of area public security. Pass Xu Mingxing of CEO of OKCoin money travel to be investigated by Shanghai police and Beijing police put on record in the light of the net be related, OKCoin money states hereby all right, xu stars him heretofore never has been investigated by put on record of any mechanism of area public security.
2, the open letter that goes up according to Internet ceases, OKEx (Www.okex.com) it is by ACX Malta science and technology limited company is managed, (those who cast dedicated Yu Wen of Tou.vc of a dark horse to start a field is numerous prepare platform) the company that this is an independence, register the ground to be in Malta. Xu Mingxing is not the legal person of ACX Malta Technology Company Limited of main body of OKEx website operation, trustee or partner.
At this point, xu star incident falls again next heavy curtain, and this is apart from last time Xu Yi and center of eddy of OK be involved in, do not spend time of half an year.
If media message is belonged to solid, this second put on record, be apart from on Feburary 24, 2018, dongguan city public security bureau with " bilk case " , be suspected of possibly to OKEx platform formally " illegal futures trades " more serious perhaps " crime of fraud " spread out criminal put on record to investigate was less than half an year in the past only.
Interesting is, what face the person that thought fors the time being this is expeditionary, the government appears personally actively undertake refuting a rumor, and last time, chose to keep silence.
"Logic is perfect " official announcement
From above paragraphs place row announcement content is seen, this second OKCoin government refutes a rumor basically be aimed at the following at 2 o'clock:
1, "Him Xu Mingxing never has been investigated by put on record of any mechanism of area public security " .
2, "Xu Mingxing is not the legal person of ACX Malta Technology Company Limited of main body of OKEx website operation, trustee or partner. Trustee or partner..
Classics catenary is gotten so that the editor checks, the official statement of OKCoin does not have a problem: Xu stars he were not investigated by put on record of public security mechanism, be in with ACX Malta Technology Company Limited of main body of OKEx website operation at the same time jural do not make connection.
But this does not mean Xu Mingxing to be able to be without correlation with many cases that produce before this, show according to publishing a material, OKCoin of platform of OKEx parent company, the Beijing happy cruel that reachs OKCoin capital correlation amounts to limited company of network science and technology (next weighing " happy cruel is amounted to " ) reach OKEx Guan Wei and App place to belong to Beijing balefire to start limited company of outstanding science and technology (next weighing " balefire is achieved outstanding " ) already involved many judicatory case, and Xu Mingxing regards OKCoin as father, cast off connection completely with afore-mentioned enterprises hard.
The relevant case information that gets so that App basis makes public information to arrange according to catenary is as follows:
In case of drag in of numerous OK department, have one case especially seductive.
On April 18, 2018, occupy blue whale finance and economics to report, relevant personage discloses weigh court of Haidian city people to already added OKEx of close money exchange at was being accepted on April 13 fictitious money is made the same score by pilfer ill will storehouse incident. According to indictment, the accused stars for Xu happy as corporative Beijing cruel amounts to limited company of network science and technology and Zhang Hao to hold the position of corporative Beijing balefire to start limited company of outstanding science and technology. Litigant requirement the accused is returned return a few accuser to be in OKEx account by the fictitious money of pilfer, with the price estimation at that time, involve amount to achieve 10 thousand yuan of thousands of RMBs. Forensic subpoena shows, former sessional time is on May 14.
And on May 11, blue whale finance and economics occupies a case relevant personage discloses say, because the court cannot contact the accused,square balefire is achieved outstanding, the OKEx that court of Haidian division people accepts is fictitious money is made the same score by pilfer ill will case general delay is sessional related the storehouse.
Weather eye checks data to show, on January 15, 2018, balefire is achieved outstanding already was versed in by Beijing substation of rising sun of management board of commercial firm politics includes manage unusual, the reason is " perhaps manage a place to cannot be contacted through the abode that register " . And the case of ill will smooth storehouse May 14 adjourns, court of Haidian city people expresses that he cannot contact the accused likewise square.
Get so that App consults a lawyer according to catenary, the process is accepted in the case in, if open a court session informs cannot service comes in the accused hand, the court will deal with announcement service formalities, whole process need arrives 78 days 93 days almost, and end at present after more than days 120, still come out without accurate sessional information at present.
Although show balefire is achieved with all possible means outstanding be in the condition that break couplet, at present operation main body is achieved for Beijing balefire outstanding the OKEx government small gain of limited company still is in operation. End distribute news dispatches day, the newest newer time of OKEx government small gain is on September 16, 2018.
Time and again the OKEx of Jing fetch " futures " agreement product
On August 18, 2014, OKCoin announces subordinate bit money, digital money " agreement trades " the line on platform OKEx, "Agreement trades " money is planted include bit money, lai spy money, aether money. In OKCoin " agreement trades " of business in explaining external, OKCoin expresses what bit money agreement can realize bit money to cover period keep a cost, use bit money agreement to be in to rushing the risk that wave motion of value of currency of the bit in paying a process causes. But get so that App arranges according to catenary, only since 2018, OKEx appears time and again unusual explode storehouse, cause incident of condemn of investor dimension authority many cases from this.
Current and unusual explode main component is the reason of the storehouse two kinds: 1, the extreme that appears in OKEx platform only is unusual trade bring about explode storehouse; 2, machine of OKEx platform delay or unusual operation are brought about explode storehouse.
The extreme that appears in OKEx platform only is unusual trade
This kind trades expression is normally: Below normal market level, OKEx platform appears the alone, prices that fluctuates without bodeful, extreme varies, time happens at Beijing time commonly late night. Evening of occurrence time of this kinds of circumstance, speed is fast, fluctuant big, domestic investor cannot react for a short while and make in time stop caustic, explode thereby the storehouse causes belongings loss.
On March 30, 2018 before dawn 5 when make, an extreme of half hours appears to trade on OKEx behavior, BTC quarter agreement compares index of merchandise on hand for a time low a 20 many percent, the nadir approachs 4000 dollars. Explode according to OKEx the storehouse records statistic, a hour short the instant blows up bull the futures contract of money of 460 thousand bit. The instant after dropping to the nadir is pulled again go up a few 10 are nodded, partial nominal also is exploded storehouse. And in whole and unusual wave motion, lowest price of merchandise on hand also did not drop split 6000 dollars. Price difference of futures merchandise on hand is highest approach 30 ％ . And other futures platform did not appear similar prices.
With day, OKEx releases announcement to say, unusual account carries a large number of unusual operations, cause price of BTC quarter contract unusual, considerably deviate index. The foot at the beginning of classics technology is checked, these users are passed not plan the unusually smooth storehouse of cost, breakthrough price fixing.
On April 3, OKEx announces what plant all money to become, second week, quarterly agreement number boils according to answering to on March 30 before dawn at 5 o'clock.
Machine of OKEx platform delay or unusual operation are brought about explode storehouse
This kind trades expression is normally: When the market fluctuates quickly, card of OKEx occurrence system pauses or delay engine problem, have account locking up a storehouse even, investor cannot is opposite its futures storehouse undertake the storehouse causes belongings loss adjustment exploding thereby.
Late on July 31 8 when, money Coin data shows futures appears to explode greatly the storehouse is odd, the price that hang sheet is 8020.49USDT, the amount that hang sheet is 4261848 pieces (add up to 53137BTC about) .
On August 3, OKEx releases announcement description to explode the storehouse passes: User ID is the user of 2051247, before dawn began to undertake many bull builds a warehouse at 2 o'clock on July 31 unusual trade. The wind of OKEx accuses sectional monitoring to come here after unusual action, take step instantly, communicate connection for many times this client asks its decrease a storehouse to reduce market risk, after the course is communicated for many times, this user refus does not deserve to close, OKEx platform freezes its account then, but drop quickly as a result of BTC price, bring about its storehouse finally explode storehouse.
OKEx announces processing plan at the same time: 1, take out 2500 BTC in order to reduce apportion proportion; 2, if be in settle accounts process, occurrence account operates the behavior of settle accounts price, will defer settle accounts 10 minutes, the hand moves price of newer close an account or price of complete a business transaction to have close an account of complete a business transaction again to reasonable value, freeze operate of account trade and carry now.
As money market bourse, OKEx uses the act of exchange intervention market, in communication result the privately below dissatisfactory circumstance freezes investor account, bring about its to explode storehouse deficit, change settle accounts regulation even, waiting not to suffer below platform pilot circumstance without the hacker, easy account of aspic associate with, add up to compasses rationality impeach.
On September 5 afternoon, bit currency value shows shoot, drop from 7400 dollars inside two hours below 7000 dollars. While bit money quickness declines, OKEx trades suddenly occurrence App blocks platform, shine retreat, cannot login, trade without show wait for problem of systematic delay engine, investor cannot is opposite its futures storehouse undertake adjustment bringing about exploding storehouse, the increase is damaged badly. This also is the problem origin that investor of this authority of second Shanghai dimension accuses.
machine of pair of this system delay, futures contract is brief break down reason, OKEx respect response says as a result of the market short time appears acuteness wave motion, (those who cast dedicated Yu Wen of Tou.vc of a dark horse to start a field is numerous prepare platform) many user instant is swarmed into do business, bring about machine of OKEx agreement occurrence card to reach log onto slow circumstance. It is better to was called offer to the user trade service, OKEx upgrades those who have a service again.
Bit money steeps fall on September 5 afternoon power plan
An apple of discord is planted greatly,
OKEx " agreement trades " the risk that bet a gender is extremely high
Must get order of App this preamble according to catenary " Xu Mingxing's OKEX is suspected of " trade illegally " with " bilk " full investigation " deepness analysis, of OKEx " agreement trades " have extremely tall wind to be mixed nearly natively bet a gender, main body agreement lever multiple is exorbitant now, without objective complete a business transaction " agreement trades " , exchange regulation is opaque the respect such as operation of banker camera bellows.
Agreement lever multiple is exorbitant
In at present the whole world exceeds 250 dimensions in bigger digital money exchange, open futures contract business and have the bourse can be counted on one's fingers that dimensions crowd participates in, have representative platform to get so that if pursue,App arranges by catenary among them:
20 times lever is meant require pay only the bail of 5 ％ can trade, and should appear only the wave motion of 5 ％ is faced with explode the risk of the storehouse. Trade in futures of global number currency in the market, 20 times already can saying to go up is high risk, bet the lever fold with extremely tall sex. Although OKEx futures is odd existence week, the time of the time that make the same score a storehouse of monthly and quarter, want aleatoric inside deadline time to make the same score a storehouse to be filled with or can stop only caustic, but because digital currency market trades,time is not restricted, price wave motion is big, investor reaction is not seasonable and even the network is unusual, the subjective or objective problem such as platform delay machine, the person that can seasonable operation succeeds is very few.
Of digital currency market without objective complete a business transaction " agreement trades "
With traditional commodity futures period authority trades outside field in light of, two-way what trade and serve as futures to trade to can buying futures contract already to mechanism futures negotiant is germinant, namely bull buys the; that build a warehouse to also can sell a futures contract to regard as those who trade is germinant namely bull sells piece build a warehouse.
With two-way trade of correspondence of the photograph that build a warehouse is pair of strong mechanisms, pass namely with build a storehouse to trade instead will remove honor the agreement responsibility, buy the person that build a warehouse to be able to admit the liability of goods through selling a same agreement to remove, sell a person that build a warehouse to be able to remove through buying identical contract delivery responsibility.
What futures trades is two-way the liquidity that trade and added option market to developing a mechanism, unlike merchandise on hand, futures negotiant has gain profit two-wayly opportunity, when futures price rises, can pass first low after buying sell high gain profit, when price fall, can pass after selling high first low buy gain profit, avoid the kind of buying and selling of objective of complete a business transaction to was being offerred to the mechanism. Trade with futures contract the character of mark will distinguish, divide roughly for commodity futures and financial futures.
With traditional heavy goods, the commodity futures such as crude oil futures, or negotiable securities, the financial futures such as exchange rate is different, of OKEx " agreement trades " complete a business transaction of objective of both neither existence, also not was similar to security market ETF the product portion that points to fund.
This kind " out of thin air " option market, more need goes depending on futures to trade in the pool the capital of buyers and sellers is occupied weichi than reaching chip to be opposite. Once arrive prompt day of near future goods, a large number of much emptier futures make the same score a storehouse oddly, the digital currency market that can cause itself to be not stabilized considerably the price is fluctuant, affect the price of option market further thereby, bring about interlink to explode storehouse.
Exchange regulation is opaque, camera bellows or Home Cheng Zhuang operate dish of resort
Alleged banker, it is to point to the large family investor that can affect prices of some banking product, it is the circulation that has 50% above normally. And in digital currency option market, platform sits embrace the regular constitutor, person that superintend double identity at an organic whole, because be put in serious information asymmetry, banker of Yi Weiyin form holds platform pole accuse the market to offer regular flaw.
Fair on OKEx website shown newest agreement trades to the index introduces and be done not have clear " exponential value " generation mechanism. If the means of computation of price of complete a business transaction of futures contract is opaque, will create the vacuum that trades to price data is adjusted and operate directly, bring about in time of agreement complete a business transaction (make the same score a storehouse compulsively for instance time node) the opportunity that goes up to intervene artificially.
Difficulty of put on record, block of line of investor dimension power and long
Itself dissociate closes the digital currency market besides law brim, OKEx superintends bounds through all sorts of method faintness, trade through hitting edge ball to manage digital money illegally in Chinese money market business.
Trade add up to compasses sex
According to " criminal law " the 225th in managing a hardship illegally the 3rd: "Concern director department approval without the country, manage negotiable securities illegally, futures is safe perhaps of business " among them, "Manage negotiable securities illegally, futures business " , basically be to point to the following kinds of behavior: Establish a stock exchange illegally, futures exchange has negotiable security, futures trades; illegal negotiable securities, futures broker behavior, if without industrial and commercial administration sectional approve is registered, do sth without authorization develops negotiable securities or stock exchange of; of futures broker business, futures exchange, stockjobber, futures broker company surmounts management attributive to be engaged in negotiable securities illegally, futures trades; is engaged in negotiable securities, futures seeks advice from the negotiable securities of sexual business, futures consults a company, investment serves company do sth without authorization to surmount scope of operations to be engaged in negotiable securities, futures business.
Must get order of App this preamble according to catenary " Xu Mingxing's OKEX is suspected of " trade illegally " with " bilk " full investigation " show, OKEX does not have any domestic banking license plate, futures to trade as the legal person outside the condition aptitude, office place, staff member, lawful management aptitude, this also means OKEx to be engaged in futures trading itself is illegimate.
Bai Shuo of chief engineer of former Shanghai stock exchange ever was in " catenary must get the mass rally that spit groove " in express, bourse pursues the negotiable securities property that because its are apparent,with the digital currency futures of link up with of paper currency issued by the reactionary KMT government from 1935 onwards period authority trades, must have corresponding from aptitude of course of study. At the same time he also points out, with money valuation, for the futures of mark with money period authority trades to whether close compasses, still blur quite at present, according to each country law in " negotiable securities " the definition is different, execute the law measure is different also.
But go up to be put in the circumstance with punch-drunk border likewise in legal level from problem of aptitude of course of study. Lawyer of the great place that become a law is like Sa Ceng Fawen to point out, bourse offers the accusation that illegal futures trades to accuse be in China cannot hold water, because of China " company method " , "Negotiable securities law " interior symptom-complex certificate is narrow sense " negotiable securities " , trading token is inside Chinese law and can not be approved for " negotiable securities " (Security Token) , the broad sense in this and act of American negotiable securities " negotiable securities " different.
Legal suitable scope
Begin digital money to trade in the light of OKEx the law of the service adds up to compasses sex, the lawyer is gotten so that App expresses to catenary, no matter its are actual,the staff member is to be outside churchyard or condition, place is subject the company is churchyard company legal person or person of condition grandfather judicatory, it is the server outside churchyard server or condition, and whether does the country close to its churchyard IP, all incorrect home executes the law of the branch jurisdictional make an impact.
The lawyer expresses, the level that responsibility maintains is getting online at the user turn whether is the place of Zhang in churchyard namely " apanage principle " : Where is object of case fall victim, commit the crime where is behavior happening, can adjudicate on in where put on record or a:appellant judicatory. Want OKEX only " agreement trades " existence home user, accord with " criminal law " administer suitable scope.
That is to say, although digital currency trades,the service gained operation competence in abroad, the business in home begins in every case to did not receive Chinese government authorization and approval, be suspected of breaking the law.
In the meantime, basis " code of civil law " the 28th regulation: "The lawsuit that tort behavior mentions, by tort behavior ground or court of people of ground of the accused abode administer. " and top people court " about applicable explanation " the 25th regulation: "Executive ground of behavior of tort of website sth resembling a net includes to carry out the computer of behavior of tort be appealinged to to wait for information equipment seat, virgin soil of tort result hair includes by infringer abode ground. " on the other hand, " code of civil law " thirtieth 5 the first regulation: "Court of two above people has jurisdictional suit, accuser is OK to among them court of a people is sued. Accuser is OK to among them court of a people is sued..
Accordingly, be aimed at the tort act that establishs the bourse outside the condition to appear, the court that the victim has authority to choose him abode ground administer, to to lodge a complaint of court of him abode ground, seek redress loss.
Evidential quote difficult problem
Be versed in according to law of countrywide National People's Congress appoint right " tort liability law " the 6th paraphrase, usually, behavior person assumes tort responsibility, need has 4 requirements. It is to went to carry out some behavior for the person; 2 it is to go to have fault for the person; 3 it is to have damage a fact, went to cause a loss to the civil rights and interests of other for the person namely; 4 it is to have causal, go namely the behavior of humanness and damage objective and associated sex is had between the fact.
That is to say, digital money exchange is offerring relevant network to serve, but the behavior of rights and interests of property of user of existence enroach on, need offers the complete evidence that has objective and associated sex to discuss. And classics catenary is gotten so that App investigates, OKex Ceng Cun is in " trade the record is unsharpness " , " OKEX explodes storehouse the price is opaque, non-standard " wait for a lot of problem, (those who cast dedicated Yu Wen of Tou.vc of a dark horse to start a field is numerous prepare platform) so plant in this bourse is OK " cogged " below the circumstance, quote difficulty is increased further.
Compare dimension authority incident twice, do not have substaintial distinction actually. It is at the same time with superintend hide hide Tibetan bourse, it is experience at the same time " explode storehouse " the investor of be roused to action of feelings of the masses, in eddy, OKEx place involves event is an epitome among random elephant nevertheless.
(the article originates: Catenary is gotten so that extract and compile)
