Lawsuit: Dismissed The Commonwealth of Redmont v. xLayzur [2023] FCR 56

[Wuutie]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CRIMINAL ACTION

Commonwealth of Redmont
Prosecution

v.

xLayzur
Defendant

COMPLAINT
The Prosecution alleges criminal actions committed by the Defendant as follows:

xLayzur has committed and is currently committing criminal embezzlement.

I. PARTIES
1. Commonwealth of Redmont (Prosecution)
2. The CRB (Victim)
3. The Exchange (Victim)
4. xLayzur (Defendant)

II. FACTS
1. The player Nacholebraa requested a loan for the Exchange from the CRB in the amount of 550k.
2. The CRB accepted the loan and the loan was given out to Nacholebraa for the Exchange.
3. From february 25 2023 until at least march 25 2023 xLayzur owned the Exchange. The money Nacho still had in hand was transferred to the new owner, xLayzur.
4. The logs show xLayzur never deposited the money into the Exchange.
5. Large amounts were transferred to other players and to banks within Reveille.
6. xLayzur claimed the Exchange never had that much money, despite evidence showing Nacho sent him an amount of $537,646.68.

III. CHARGES
The Prosecution hereby alleges the following charges against the Defendant:
1. One Count of Embezzlement – As stated: Embezzlement shall be defined as; “The act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, for personal gain.” The assets meant for the Exchange were never deposited and used for the purposes of the Exchange. Herefore the loan to help the Exchange in financial aid was entrusted to the Defendant was used for personal gain. The resources of the Exchange was not used for its intended purpose. Furthermore he withheld the rest of the large sum when transferring the company to the new owner Nexalin.

IV. SENTENCING
The Prosecution hereby recommends the following sentence for the Defendant:
1. Because of scale of the offence we do ask for the max penalty for embezzlement. Therefore we recommend a ban of his entrepreneur license, bar registration or ownership of any company owned by the Defendant, a $50,000 fine, and 10 minutes in jail. Furthermore the amount of $537,646.68 paid back in full to the Exchange and/or the CRB, as the court sees fit.

Totals: $50,000 in fines, 10 minutes in jail, $537,646.68 paid back to the victim(s), ban of entrepreneur license (until crime is expunged/pardoned), and ban on company ownership (until crime is expunged/pardoned).

EVIDENCE

Spoiler: Exhibit A - Nacho Requested About $500k from the CRB to Fix an Issue with The Exchange

Spoiler: Exhibit B - The CRB Votes to Give The Exchange $550k

Spoiler: Exhibit C - The CRB Provides the Money

Spoiler: Exhibit D - xLayzur Owned The Exchange From Feb. 25 until at least March 25

Spoiler: Exhibit E - xLayzur Claims The Exchange Never Had $550k

Spoiler: Exhibit F - Nacho Sent $537,646.68 To xLayzur When xLayzur Took Over The Exchange

Spoiler: Exhibit G - xLayzur's Transactions with TheExchange

Spoiler: Exhibit H - xLayzur Never Deposited The Money

Spoiler: Exhibit I - Example of Large transactions made by xLayzur

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: 18/06/2023

 

[Mask3D_WOLF]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

WRIT OF SUMMONS

@xLayzur is required to appear before the Federal Court in the case of The Commonwealth of Redmont v. xLayzur. Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case. Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[xLayzur]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Commonwealth of Redmont
Prosecution

v.

xLayzur (self representing)
Defendant

I. ANSWER TO COMPLAINT
1. AFFIRM that I, xLayzur, purchased the Exchange on 02/27/2023 and owned it until 4/06/2023. The $537,146.68 at the time of ownership transfer was placed into the company balance under my management as CEO.

2. AFFIRM that the logs do show xLayzur transferred the $537,146.68 utilizing the Companies GUI deposit feature.

3. AFFIRM that the Large transactions made to Matthew100x and WhyDoesThisWork were Brokerage Account withdrawals as requested by the customer. DISPUTE that large transactions of the Exchanges money were sent to Banks, Plaintiff has insufficient evidence to support the claim of me sending Exchange company money to banks.

4. AFFIRM that as of 03/25/2023 the Exchange had $214,007.92 of Liquid Assets, aka cash. The remaining amount in the Company balance was the total sum of brokerage accounts estimated at $330,000 at the time. Therefore, no the Exchange did not have $550,000 of CRB money laying around nor was the Exchange in a position to repay the $550,000.

5. AFFIRM that I stepped down from CEO of the Exchange on 04/06/2023 and transferred discord ownership to Interception. I did not touch the Exchange through the Companies Plugin upon my departure.
NOTE Plaintiff states a FALSE STATEMENT in III. CHARGES, "he withheld the rest of the large sum when transferring the company to the new owner Nexalin." I was not the individual to transfer any sort of Ownership in-game or on Discord to Nexalin regarding the Exchange. I was never contacted by Nexalin or Interception to log in and disband the company, transfer funds, etc. This means the transfer of the company & company funds after my departure was handled through Staff Supervision.

6. AFFIRM that I do not have $550,000 hiding in my recently closed Bank of Reveille Cheque Account, Bank Statement provided.

II. DEFENCES
1. The premise of the plaintiff's argument is that during the transfer of ownership between Former Exchange CEO Nacholebraa and myself as onboarding Exchange CEO I never deposited $537,146.68 to the company balance which I did. The Plaintiff provides evidence of my first public announcement of my ownership of the Exchange to which I address first "Financial Accountability - First and foremost I will reassure all Exchange participants that your money is safe and sound. All trader assets will be properly maintained and secured in the exchange. All transactions such as trades, account deposits, and withdraws are all tracked with proper identification and the time it happened. The Exchange will NEVER take your money away from you nor refuse to give it back" This shows that I reinstated the Exchange users that their money in the Exchange was safe and present.

2. The Plaintiff alleges "1. One Count of Embezzlement – As stated: Embezzlement shall be defined as; “The act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, for personal gain.” Though the plaintiff never provides any evidence on how I allegedly used those funds for personal gain.

3. During my time as Exchange CEO, if I had never deposited the $537,146 I would not have been able to process Matthew100x and WhyDoesThisWork Brokerage Balance withdrawal requests.

Spoiler: Exhibit 1 - Nacho Transfers TheExchange to xLayzur

Spoiler: Exhibit 2 - xLayzur transfers the $537,646.68 via Companies GUI

Spoiler: Exhibit 3 - Brokerage withdrawal from Matthew100x

Spoiler: Exhibit 4 - Brokerage Withdrawal from WhyDoesThisWork

Spoiler: Exhibit 5 - xLayzurs Bank of Reveille Cheque Account Statement

Spoiler: PhD in Law to Self Represent

I rest my case.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: Tuesday, June 20th, 2023.

 

[Mask3D_WOLF]

Thank you. We shall now move onto opening statements, the plaintiff may present theirs within 48 hours. Following that, the defendant has 48 hours to file their opening statement.

 

[Dartanboy]

Your honor, the Commonwealth requests a 72-hour extension to talk to staff about something related to this case, specifically the accuracy of the logs provided to us from the warrant used to obtain most of the evidence in this case.

 

[Mask3D_WOLF]

I will grant the commonwealth a 48 hour extension, they may request an additional extension if needed.

 

[xLayzur]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

Commonwealth of Redmont
Prosecution

v.

xLayzur (self-representing)
Defendant

I. INTRODUCTION

I, xLayzur, the Defendant hereby submit this Motion to Dismiss the charges brought against me by the prosecution. The motion is based on the lack of sufficient evidence to support the allegations made in the complaint and the failure of the prosecution to establish a prima facie case against the defendant. The defendant respectfully requests that this honorable court dismiss the case in the interest of justice and the principles of due process.

II. GROUNDS FOR DISMISSAL

1. Insufficient Evidence: The prosecution has failed to present substantial evidence to support the charges of embezzlement against the defendant. The defendant maintains that they acted within their role as CEO of the Exchange, diligently depositing the funds received from the former CEO, and providing transparency in their public announcement to reassure participants of the safety of their assets. The prosecution's case relies on conjecture and lacks the necessary evidentiary foundation to establish the defendant's guilt.
   
   
2. Lack of Prima Facie Case: A prima facie case requires the prosecution to present sufficient evidence to support each element of the charged offense. In this case, the prosecution has not met this burden. They have not provided evidence demonstrating that the defendant withheld entrusted assets for personal gain, as alleged. Without a prima facie case, the charges against the defendant lack a legal basis and should be dismissed.

III. LEGAL BASIS FOR DISMISSAL

1. Due Process Violation: The defendant's right to due process, as guaranteed by the Constitution of the Commonwealth of Redmont, requires that they be afforded a fair and impartial trial based on substantial evidence. The prosecution's failure to meet its burden of proof and present compelling evidence to support the charges undermines the defendant's right to a fair trial. Dismissing the case will safeguard the defendant's constitutional rights and uphold the principles of due process.
   
   
2. Interest of Justice: It is in the interest of justice to dismiss the case against the defendant. The prosecution's case is built on weak and unsubstantiated allegations, and their inability to present compelling evidence casts doubt on the veracity of the charges. Dismissing the case will prevent the waste of judicial resources and protect the defendant from unwarranted harm.

IV. CONCLUSION

Based on the lack of sufficient evidence and the failure of the prosecution to establish a prima facie case, the defendant respectfully requests that this honorable court dismiss the charges against them. Dismissing the case will uphold the principles of due process, protect the defendant's rights, and serve the interests of justice. The defendant stands ready to provide any additional information or clarification as required by the court.

I rest my case.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: Friday, June 23rd, 2023.

 

[Mask3D_WOLF]

I will be rejecting the motion to dismiss. Lack of evidence is not valid grounds for a motion to dismiss. I would like to remind both parties that the prosecution has until 9 AM Eastern Time tomorrow to post their opening statement. Following the prosecution’s opening statement the defendant has 48 hours to make their opening statement, or if the prosecution fails to respond then the defendant has 48 hours from 9 AM Eastern Time tomorrow to file their opening statements.

 

[Dartanboy]

Your honor,

As regrettable as this is, the Commonwealth asks for  another 24 hours to further clarify the logs with staff. We would be happy to add you to the staff ticket if necessary.

 

[Mask3D_WOLF]

I will grant the extension, however this will be the Commonwealth's final extension before we move on.

I request that, if able, everyone is added into the staff ticket.

 

[Wuutie]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO NOLLE PROSEQUI

The Defendant did in fact deposited the money in the Exchange. The evidence retained through the logs were therefore not complete and the evidence exists that the deposits were made.


DATED: This 24th day of June 2023

 

[Mask3D_WOLF]

Case dismissed at the request of the plaintiff.