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Coin Cafe to repay $4.3M in fees that ‘wiped out’ investors’ Bitcoin accounts

The platform was charging investors ‘exorbitant and undisclosed fees’ with one user being charged recurring fees of $51,000 over a span of 13 months, according to the statement.

Cryptocurrency trading platform Coin Cafe has been ordered to repay $4.3 million to its users after allegedly charging “exorbitant and undisclosed fees" for storing Bitcoin on the platform — leading to some accounts being drained entirely of its funds.

Based in Brooklyn, Coin Cafe initially filed an application for a virtual currency license with the New York State Department of Financial Services in July 2015, however, was only approved in January this year.

Despite the seven-and-a-half-year application process, it was allowed to operate throughout but was flagged as putting “investors at risk,” as it didn’t uphold its obligation to register with the Office of the Attorney General for New York – which all New York broker-dealers are required to do so.

On May 18, it was revealed that the exchange had been charging investors “exorbitant" fees for investors to store Bitcoin without properly informing them, leading to some cases in which investors' accounts were wiped out entirely, according to New York State Attorney General Letitia James.

In a statement, James said Coin Cafe defrauded “hundreds of New Yorkers” out of thousands of dollars, routinely charging and increasing “fees without properly informing investors.”

One New York investor incurred fees exceeding $10,000 in a single month, while another investor was hit with fees amounting to $51,000 over a span of 13 months. It was noted:

“The company was charging investors exorbitant and undisclosed fees to use its wallet storage, despite marketing its wallet storage as “free” on its website.”

The Office of the Attorney General’s (OAG) investigation revealed that Coin Cafe changed the fee structure four times since September 2020, without ever “clearly telling investors of the increase.”

The “most drastic fee structure change” occurred in October 2022 when investors were charged a fee for inactivity. It stated:

“It charged investors the greater of 7.99 percent of the account or $99 worth of Bitcoin per month if an investor did not buy, sell, or transfer Bitcoin on the Coin Cafe site within 30 days.”

James criticized the “deceptive marketing” involved, but also highlighted the “lack of effective regulation” as a contributing factor.

“This is yet another example of why the cryptocurrency industry needs to be better regulated,” James stated.

Related: US lawmakers hold EU and UK as examples of crypto regulation in joint hearing

In a settlement, Coin Cafe is required to refund all fees to U.S.-based investors who request a refund within the next year.

The platform is also obligated to notify all U.S-based customers of their eligibility for a refund via email by May 23.

Cointelegraph reached out to Coin Cafe for comment but did not receive a response by the time of publication.

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CoinEx crypto exchange sued by New York for failing to register with state

The NY Attorney General is looking for a court order to remove the exchange from the state and wants it to block all internet addresses originating from New York.

Cryptocurrency exchange CoinEx has been sued by the New York Attorney General, Letitia James, alleging the firm falsely represented itself as an exchange due to failing to register as a securities and commodities broker-dealer in the state.

A 38-page petition filed by James in the New York Supreme Court on Feb. 22 alleged CoinEx “engaged in repeated and persistent fraudulent practices” and violated the state’s Martin Act — considered one of the most strict anti-fraud and securities regulation laws in the United States.

She also asserted CoinEx listed various tokens that qualified as “both commodities and securities” naming Amp (AMP), LBRY Credits (LBC), Rally (RLY) and Terra (LUNA).

In a Feb. 22 statement, James said CoinEx is not registered with the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC) “as is required under New York law” to sell the tokens.

The Attorney General’s Office created a CoinEx account with a New York-based computer and internet address and alleged it was able to trade on the platform.

“The days of crypto companies like CoinEx acting like the rules do not apply to them are over,” she added.

Related: Rep. Maxine Waters says all US regulators 'better get together on crypto'

The petition also states that CoinEx failed to comply with a Dec. 22, 2022 subpoena sent by the Attorney General’s Office in order to “provide testimony concerning the virtual asset trading activities of its platform.”

“CoinEx was compelled by subpoena to appear for an examination under oath on January 9, 2023, and failed to appear [...] CoinEx’s non-appearance is prima facie proof that CoinEx has engaged in the [mentioned] fraudulent practices.”

In the petition, James is seeking a court order to stop CoinEx from marketing itself as an exchange, prevent it from operating in the state and will order the exchange to geo-block internet addresses and GPS location data originating from New York.

Cointelegraph contacted CoinEx for comment but did not receive an immediate response.

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