A Court order has successfully been passed for the US Commodity Futures Trading Commission (CFTC). With this order, the financial regulator can now service Benjamin Reynolds, the director of the crypto scam, Control-Finance. The service will be done by way of a publication, due to the regulator formerly having trouble locating the defendant, despite many attempts to do so.
Alternative Service Allowed For Reynolds
The order was signed by Judge John G Koeltl, a member of the New York Southern District Court. The CFTC filed for a motion where it would be capable of alternative service of one Benjamin Reynolds, which was subsequently granted by Koeltl. With the new methodology authorized, the CFTC will now serve Reynolds by way of The Daily Telegraph.
Within it, the CTF will publish both the Summons and a statement that describes how a copy of the Complaint can be obtained. This publication will come once a week for four consecutive weeks. Reynolds will be given a deadline to respond to this Complaint, which will be 21 days from the date the last publication on The Daily Telegraph appeared. The Court furthermore grants the CFTC 60 more days to complete this service process correctly.
Last Resort After Diligent Attempts
Through the memorandum that accompanied the motion for the alternative service, the CFTC explained that it was diligent in its attempts to contact Reynolds to serve him properly. Just after the Complaint was filed, in or around the 17th of July, 2019, the regulator made use of a litigation support firm, Legal Language Services, to arrange for a service of both Reynolds and his company. After trying to arrange everything from physical address deliveries to emails to even phone calls, none proved successful.
Rather interestingly, not even the email addresses worked when the company tried to service both parties like that. A staff member of the CFTC attempted to email the Complaint, Summonses, the Court’s Individual Practices, as well as the Electronic Case Filing Rules for New York’s Southern District. The staff member sent it to all known email addresses of both Reynolds and Control-Finance: Two email addresses. The email addresses are: email@example.com and firstname.lastname@example.org. When it was sent, the CFTC staff member simply received a bounce-back message. This message stated that the emails failed to deliver due to an “unknown address error.”
Furthermore, the CFTC has learned that South Korean investors, specifically from the Ulsan District Prosecutors’ Office, is investigating the Control-Finance scheme as well. After establishing communications, it became clear that the South Korean investigation was still ongoing, with the Korean team failing to locate Reynolds as well.