Broker Contract Breach Case

Summary

The user, a military investor, entered into a contract with a broker for cryptocurrency investments. The broker failed to meet several obligations, including providing weekly reports and returning the invested funds upon termination of the contract. The user is considering legal action against the broker for breach of contract. The user is currently located in Okinawa, Japan, and the broker is also believed to be in the same location. The user has evidence of the fund transfer to the brokers account. The user is also drafting a demand letter to the broker, seeking the return of the invested funds.

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On * January *, investor transferred *,* USD to the broker towards investments in the cryptocurrency market. The transfer was made from the investors Private Navy Federal account to the Brokers Private Navy Federal Account. The investor can add to this balance at any time, once they do so a new modified agreement will be made. The broker will trade the invested funds in the cryptocurrency market by performing Long and Short trades. The investor agrees to pay a fee of *% of his profits to the broker on a monthly basis. (the monthly calculations will fall on the 8th of every month) *% fee will be automatically deducted from the profits. This agreement is set to a *-month time, if the investor wishes to terminate this contract the investor “must” notify the broker in email form 30 days prior to termination. Once the account is terminated all funds will be transferred back to the investor. If the broker is not notified 30 days prior to the contract termination date, this agreement will automatically renew for an additional *-month time. If the investor wishes to make a withdrawal from their account it must first be open for a minimum of 30 days. After the initial 30 days have passed the investor must contact the IC via email. All withdrawal requests must be given 7 days ahead of time. If at any time the investor decides to liquidate and withdraw all of their assets it will be considered an account termination and processed as stated above. The investor will also provide if they wish to have the withdrawal sent in USD for Crypto form. The broker is to provide a weekly report generated sent to the investor by 2300hrs after close of business sent to ) Disclaimer: • Past performance is not a guide to future performance. • Futures, stocks and options trading involves substantial risk of loss and is not suitable for every investor. The valuation of futures, stocks and options may fluctuate, and, as a result, clients may lose more than their original investment. The impact of seasonal and geopolitical events is already factored into market prices. The highly leveraged nature of futures trading means that small market movements will have a great impact on your trading account and this can work against you, leading to large losses or can work for you, leading to large gains.
Did you notify the broker about the termination of the contract 30 days prior as stated in the agreement?
no because he blocked me on facebook
Did you try to contact the broker through any other means like email or phone as stated in the contract?
no because i was on a deployment.im a full time military that time
What is your current location? This will help me provide you with the most relevant legal information.
right now im in okinawa japan
Did you have any written agreement with the broker about the communication method?
no,but he said in the contract that he will provide a weekly report which he never sends or told to me
What is the broker's location and did you have any other form of communication with him apart from Facebook?
he currently live in okinawa japan now too
Did you ever receive any profits from the investments made by the broker?
none at all
Did you have any evidence or documentation showing that you transferred the funds to the broker?
yes i have a copy of the bank transfer to his navyfed account
What is the broker's full name and contact details? This information will help in filing a complaint or legal action against him.
yes i have his full name and his contact details
What is the exact date when you last had contact with the broker?
january * *,do you think its still valid to make reports on this?
What is the statute of limitations for breach of contract in your jurisdiction? This will determine if you can still file a report or lawsuit.
10 years
What is the broker's full name and contact details? This information is crucial for filing a complaint or legal action against him.
why do you think that its crucial for filing a complaint or legal action?please emphasize
Knowing the broker's full details is crucial for filing a complaint or legal action because:

- It helps identify the correct individual.
- It aids in serving legal documents.
- It assists in enforcing a judgment if you win your case.
with all the details i had given to you,do you think my case is strong if i take legal action on this ?
Did you ever receive any weekly reports from the broker as stated in the contract?
not at all
What is the total amount of money you invested with the broker?
*,*$
Did you have any written agreement with the broker about the communication method?
none
What is the broker's full name and contact details? This information is crucial for filing a complaint or legal action against him.
why?
Knowing the broker's full name and contact details is essential for filing a complaint or legal action. It helps in serving legal documents and enforcing a judgment if you win your case.
I am reaching out regarding the missing payout of my investment account last officially valued at $*,* from your business, Crypto Solutions Asia. It is evident that you have failed to uphold your end of the deal despite having ample opportunity to make the appropriate transaction. I had requested to terminate this account within the specifications of the contract. I had been directly notified by you that you were working to get me paid out, yet despite having multiple available methods to contact me, you had eventually grown silent and ignored both my attempts to contact you and your contractual obligations. I am owed $*,*. You have the ability to transfer that money via Navy Federal Credit Union to my bank account. You can easily find my account at transfer via this email, stevensessoms0301@gmail.com. If you transfer this amount of money that I am owed, then you have upheld your end of the deal. If you transfer any less than this amount of money prior to September 22nd of this year, then I will have no choice but to immediately contact NCIS/CID Okinawa, Japan and the Logistics Group Office of the Inspector General to investigate the matter and determine if you must receive charges or if it is necessary to terminate employment in your current capacity where you may negatively impact the financial well-being other service members. I am aware that I am not the only service member whose contract has been breached by your investment business. I am sending this notification to give you an easy solution. Transfer the $*, * to my account so that I will be given back what is mine. I will not consider any other outcome to be satisfactory.
Did you have any written agreement with the broker about the communication method?
can you see if my demand letter is okay or threatening that they might use against us
What is the exact wording of the demand letter you wish to send?
I am reaching out regarding the missing payout of my investment account last officially valued at $*,* from your business, Crypto Solutions Asia. It is evident that you have failed to uphold your end of the deal despite having ample opportunity to make the appropriate transaction. I had requested to terminate this account within the specifications of the contract. I had been directly notified by you that you were working to get me paid out, yet despite having multiple available methods to contact me, you had eventually grown silent and ignored both my attempts to contact you and your contractual obligations. I am owed $*,*. You have the ability to transfer that money via Navy Federal Credit Union to my bank account. You can easily find my account at transfer via this email, stevensessoms0301@gmail.com. If you transfer this amount of money that I am owed, then you have upheld your end of the deal. If you transfer any less than this amount of money prior to September 22nd of this year, then I will have no choice but to immediately contact NCIS/CID Okinawa, Japan and the Marine Logistics Group Office of the Inspector General to investigate the matter and determine if you must receive charges or if it is necessary to terminate employment in your current capacity where you may negatively impact the financial well-being other service members. I am aware that I am not the only service member whose contract has been breached by your investment business. I am sending this notification to give you an easy solution. Transfer the $*, * to my account so that I will be given back what is mine. I will not consider any other outcome to be satisfactory.
Did you have any written agreement with the broker about the communication method?
none
What is the broker's full name and contact details?
sid legazpi, *,okinawa hjapan
What actions have you taken so far regarding this issue?
im still trying to reached on him first. and if he fails to message me back via email then ill do legal action. but based on what i had send you does my demand letter a good one? will he use that email against me and sue me for harrasment or threatening?
Did you mention any threats or use any abusive language in your demand letter?
no
Did you send the demand letter already or are you planning to send it?
still planning
Did you consult with a lawyer before drafting your demand letter? It's important to ensure that your letter is legally sound and doesn't contain any language that could be used against you.