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Update On EFRI Initiative For Envion – Criminal Complaints, Creditors Committee, And Other News

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Update: we are aware that all social media channels around ENVION have been shut down over the last couple of days. We are alread conducting the respective research. Please expect our article soon.

More issues for EVN Token owners which paid by Credit Cards ahead

If one paid in the EVN Token sale by credit card, a special procedure was applied due to the possibility of chargeback: the tokens were credited to the investor on the EVN dashboard, but could only be used after receipt of a PIN – which was to take place fully automatically after several months.  However, this “fully automatic” transmission only worked selectively. A significant number of investors have never received their PINs. The choice as to which investor received the PIN and which did not is incomprehensible.

In any case, these credit card investors could never transfer their tokens from the EVN dashboard for lack of a PIN and therefore never had their EVN-tokens at their disposal. They never owned any tokens. Due to the lack of the legally required mode, the purchase of tokens from these EVN investors has not yet become legally effective. These investors can, therefore, may file their investment in the ENVION liquidation as a “regular” claim. The invested amount represents a “regular” liability of envion AG. The discussion about the legal qualification of the tokens is not relevant for this type of claim.

New: 503 Server Error

These EVN investors could not have their tokens, but they were able to log into the EVN dashboard and see the EVN tokens assigned to them. The access data for this dashboard, as well as the access data for all other social channels of ENVION, are still stored exclusively with the team around Michael LUCKOW, Managing Director of TRADO GmbH. In the course of the escalation of the disputes between the founders of ENVION, Matthias WOESTMANN, former CEO of ENVION AG succeeded in obtaining a preliminary injunction (AZ: 27 O 241/18) that these social media channels may no longer be actively managed by the LUCKOW team. However, as far as we know, the access credentials were never handed over to Matthias WOESTMANN or the bankruptcy court.

Since the weekend, you can no longer log in to the dashboard:

If this website error is not corrected by the team around Michael LUCKOW and his TRADO GmbH, and the investors did not save screenshot, the proof of the investment will be more difficult but not impossible.  The proof can also be provided by the vouchers of the transfer of the original token purchase price.

In order to legally document these claims, the respective ENVION investors should join the criminal complaints filed with the Berlin public prosecutor’s office (File No: AZ 257 Js 665/18).

Since we consider a coordinated approach of all affected EVN investors to be appropriate, we have decided to also offer the administration of these private party participation free of charge to those Envion investors who do not wish to make use of our other EFRI-refund service. We have set up a separate registration button on the EFRI website for this purpose:

Representing Investors At Creditors Committee

As soon as the liquidator has formed an opinion on the legal qualification of the tokens and on his approach to the refund process, a 4-week period for registration begins. At the same time, the creditors’ meeting is convened (SchKG Art. 235), which takes place within 20 days.

Generally by participating in a creditors’ meeting, bankruptcy proceedings can be actively shaped by the damaged creditors.

Thus, the following important questions are decided in a creditors’ meeting:

  • the election of a specific creditors’ committee (SchKG Art. 237)
  • the continuation of pending civil proceedings
  • the depreciation of non-collectible assets
  • the approval of settlements by creditors

At the creditors’ meeting, the liquidator also reports to the participants on the progress of the proceedings, the presumed assets and liabilities, and the resulting quota. The creditors’ meeting is a mouthpiece to the liquidator. In our opinion, there should be one or more independent investor representatives in the creditors’ meeting who represent the interests of the investors in an organized manner.

In this respect, we have made the decision to extend the EFRI initiative in this respect as well. Even those Envion investors who do not wish to file their claim through the EFRI initiative can register free of charge and thus ensure that their rights are safeguarded accordingly. Please register if you want to be represented through EFRI in the creditors´meeting.

File Your Envion Claim

If you would like to participate in the ENVION EFRI initiative, please register here.

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