Nano : un fonds pour les victimes du piratage de Bitgrail

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La Fondation Nano a annoncé hier la mise en place d’un fonds au profit des victimes du hack de l’exchange Bitgrail. L’exchange italien avait subi un piratage où 15 millions de nanos avaient été dérobés, soit près de 106 millions de dollars.

Alors que Bitgrail accuse Nano d’être responsable de ce piratage, la Fondation récuse cette accusation, déclarant que « la Fondation Nano n’a aucun contrôle sur la façon dont les tiers partis utilisent Nano ». Cela n’a pas empêché Nano de mettre en place des solutions pour rembourser sa communauté d’utilisateurs :

« À la mi-février, nous avons décidé que la meilleure façon d’offrir notre aide était de parrainer un fonds légal afin de proposer à toutes les victimes un accès équitable à la représentation juridique. Nous considérions qu’il était important de veiller à ce que les victimes qui n’ont pas les moyens d’être légalement représentées le soient avec une qualité équivalente à ceux qui le peuvent. » Extrait de l’annonce de la Fondation Nano

La Fondation est ainsi entrée en contact avec Espen Enger, le représentant légal de plus de 1 400 victimes du hack, afin de coordonner la mise en place de ce fonds. Nano doublera chaque don effectué, jusqu’à ce que le fonds atteigne la somme de 2 millions de dollars. Les fonds restant une fois les procédures légales effectuées seront tous redistribués aux victimes du piratage.

Si vous êtes une des victimes, il vous faut contacter M. Enger à l’adresse suivante : [email protected], en indiquant votre nom, votre pays de résidence et le montant de Nano que vous aviez sur Bitgrail. Pour suivre l’évolution de cette affaire vous pouvez rejoindre ce discord communiqué dans l’annonce officielle. Vous pouvez envoyer vos dons aux adresses suivantes, que nous avons trouvées sur ce reddit qui est également intégré à l’annonce de Nano :

  • BTC Donations : 3JnSRkeFvNHK6xxcMNNNWACSi9uXSmBWan
  • LTC Donations : LT8xJhqZSiczfMfCBxtDgvb2bDZZ1bRrm5
  • ETH Donations : 0x3dcED52aE216898Eeb0B682dbBdA3f1c4D80D529
  • NANO Donations : xrb_1aajmawbhrr6skotiwrck4dyj1pyffcksumeddpmna8asps7txaxb83ekh77

Cette déclaration se clôture avec un rappel de Nano : leur devise n’est probablement pas à mettre en cause dans ce piratage de grande envergure.

« Jusque là, toutes les preuves tangibles que nous avons analysé concernant la perte des fonds continuent de pointer vers un bug au niveau du logiciel de Bitgrail » extrait de la déclaration de la Fondation

Si vous ne connaissez pas encore Nano, nous vous invitons à lire Nano : une cryptomonnaie ambitieuse, un article écrit par notre contributeur bénévole Boby Chain 🙂

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Tombé dans le domaine des cryptomonnaies durant l’été 2017, je m’intéresse particulièrement aux projets novateurs et aux relations dans la communauté. Chasseur de scam à mes heures perdues, vous pouvez me retrouver tous les matins dans notre newsletter !

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  1. ANNOUNCEMENT OF 20 APRIL 2018 THAT VOIDS AND REPLACES THE PREVIOUS ANNOUNCEMENT RELEASED ON MARCH 14, CALLED “CASH FUND DEDICATED TO THE VICTIMIS OF NANO THEFT”
    This informative announcement voids and replaces the previous announcement released on March 14th, 2018, called “cash fund dedicated to the victims of NANO theft”. We kindly invite the users to pay attention and read this in its entirety.

    SETTLEMENT AGREEMENT DEDICATED TO THE USERS DAMAGED BY THE THEFT OF THE VIRTUAL CURRENCY NANO (XRB)
    In view of the forthcoming re-opening of Bitgrail.com (which will soon be announced with an exact date and time), BitGrail intends to anticipate to its users the details of the re-entry plan that will be proposed to the owners of the virtual currency NANO (XRB) deposited on the platform, who have been involved in the previous theft, as communicated on February 9th, 2018.

    First, we present a necessary premise concerning the theft and the eventual obligations of BitGrail deriving from it.

    Once again, BitGrail confirms to have been a victim of theft. A crime made possible by taking advantage of known failures in the NANO team’s various softwares (Rai Node and the Official Block Explorer) and therefore, for these reasons and in accordance with the law, Bitgrail doesn’t consider itself responsible for the unforeseen circumstances.

    To further confirm this, all the illegal transactions related in the NANO software present obvious anomalies in the Block Explorer and the other virtual currencies such as Bitcoin, Litecoin, etc., deposited on BitGrail platform, have not been subject to unauthorized withdrawals.

    For those reasons, BitGrail considers itself to be damaged by the fraudulent activity mentioned above.

    Because of the illicit act described above, on February 9th, 2018 a formal complaint was filed to the competent judicial authorities. On 12th February 2018, 19th February 2018 and April 10th, 2018, further supplementary complaints were submitted. From the beginning, BitGrail has made itself available to the authorities by providing all the substantial information in its possession in order to reconstruct the facts and try to identify the subjects who committed the illegal activities, as well as the proof that the subjects involved in the fraudulent activity exploited the vulnerabilities of NANO software and not BitGrail software.

    In carrying out its activities as a provider of services in virtual currency (aimed at trading such virtual currencies), BitGrail has always implemented all the security measures and held the deposited sums (accessorily and free of charge) with the diligence required by the law and, consequently, believes (also in accordance with the contractual provisions, the responsibility of third parties, and the particular innovative typology of the operating sector) of not having any obligation of restitution and/or compensation for the damaged users.

    These grounds are alone sufficient to relieve BitGrail S.r.l of any refund obligation and/or repayment of the stolen amounts.

    However, as further demonstration of the good faith and seriousness of the company, in order to meet its users half-way though without recognition of any liability, BitGrail S.r.l intends, on a voluntary basis, to make a proposal to define any type of dispute that could arise, consisting of a repayment plan that will be subject to the acceptance and the subscription of a settlement agreement by the damaged users, so as to allow them to be enabled to recover their illegally stolen funds over time.

    BitGrail believes that the repayment plan that will be proposed is the only solution available and viable for the damaged users, so as to allow them to have again the sums that have been illegitimately and fraudulently removed.

    We specify that the users who are not in possession of NANO (XRB), not having been victims of the theft (all the coin are safe with the exception of NANO/XRB), will have full access to their virtual currencies with the re-opening of the site.

    “BGS” NUMERIC ITEM
    In order to view the executive progress of the agreements that will be agreed upon by the users, a numeric item – simply called “BGS” – is now available in the “wallets” affected on the BitGrail exchange. The “numerical item”, simply known as “BGS”, represents the virtual currency illegally withdrawn from the Bitgrail exchange customers, which is the equivalent to the total amount of 15,663,624,15064883 in NANO (XRB/RaiBlocks).

    On February 8th, 2018, the discovery of the illicitly stolen NANO (XRB) and of the temporary suspension of the platform’s functions, the NANO wallet managed by BitGrail in the amount of 4,001,097,979112 NANO (XRB) was deposited into the BitGrail exchange’s NANO wallet. A sum equal to the 20.3466% of the sums of NANO (XRB) originally in deposit and ownership of the users.

    Users damaged by theft (exclusively NANO (XRB) owners on the BitGrail platform) can now view their updated XRB balance in the amount that totals 20.3466% and, at the same time, the remaining portion (79.6534%) displayed numerically from the numeric item “BGS.”

    The “BGS” numeric item resides in simply an electronic database (SQL), an accounting item in which only the users who have signed the agreement, can periodically monitor the progress of the repayment plan as agreed in the accord.

    “BGS” will not have its own market on the BitGrail platform, since it’s exclusively a numeric item that represents the subtracted total amount as noted above. For that reason, unlike the way the other currencies are treated, it won’t be tradable nor negotiable nor convertible with any other virtual currency on the BitGrail platform and cannot be purchased by any user. In addition, it can’t be withdrawn or deposited. This is also because the re-entry plan will only be used to refund users who have been a victim of the circumstances and those who will accept the settlement agreement.

    Therefore, the “BGS” numeric item in the “Wallet” will allow only those users who have accepted the re-entry plan agreement (after the appropriate registration and signing) to check the progress of the return plan dedicated to them exclusively. They will also be able to view the remaining numeric amount of “BGS” present on their “Wallet” information page, representing the residual amount of NANO (XRB) illegally withdrawn and not yet repaid in accordance with the agreement.

    For these reasons mentioned above, the company reiterates that “BGS” does not constitute, in any way, a form of investment, or a new type of cryptocurrency, as it consists of a mere numeric item representative of the number of virtual currency subtracted NANO and not yet reimbursed (over time and up to the completion of the plan) in accordance with the terms and conditions of the settlement agreement that users will freely decide to subscribe to.

    BitGrail states that the “BGS” numeric item, constituting initially and cumulatively, the entire amount of the NANO (XRB) currency illegally subtracted from the users, will be updated periodically taking notice of the following:

    Globally, the users who will decide to terminate their accounts (or those who will not agree to sign the agreement within an established deadline, that will be announced and specifically indicated on the portal of our website at https://bitgrail.com);
    The signing of the settlement agreement and the progress of the repayment plan, which its execution will lead to the numeric update of the remaining number of “BGS” that can be viewed by those users who have accepted the agreement on their own “Wallet” page.
    DESTINATION OF THE SUMS EVENTUALLY RECOVERED BY THE “THEFT” MANAGERS
    Any sum that, in whole or in part, will be recovered by the parties that have committed the unauthorized withdrawals (and of which will physically enter BitGrail’s availability) will be distributed, and partly shared, in accordance with the law, indistinctly between all the parties that have experienced the theft, independently from the acceptance or otherwise of the agreement, with modalities that will be established at the time of the eventual recovery (considering, in any case, the eventual sums recovered until then by the users who have subscribed to the agreement, and the individual positions of other users).

    TRANSACTION WITH USERS
    Below, there are some indications of the implementing rules of the re-entry plan that will be proposed and which can be implemented only in respect of users who will sign the settlement agreement.

    For a limited time, upon re-opening of the BitGrail Exchange, full functionalities (including Trading/Deposit/Withdrawal) related to the NANO (XRB) virtual currency will be disabled to all users.

    At a later time, when the proposed settlement agreement regarding the NANO (XRB) virtual currency theft is presented to the costumers who were victims of the theft, the continual use of the BitGrail platform related to the NANO (XRB) virtual currency will only be available to those customers who have signed the aforementioned agreement, with an expressed renouncement to every and all types of legal actions against BitGrail, and it will have to be formalized through the completion of a form (which will be provided.) The form will have to be printed, signed and uploaded with their respective attached documents.

    However it will be possible for any user to terminate the account in accordance with the current contractual terms.

    In the settlement agreement that will be proposed, BitGrail will commit to the users that, on the first day of every month, 50% of the accrued trading fees of the previous month will be used to reimburse, proportionally to the shares, to those users who have signed the settlement agreement. The settlement agreement will shortly be available to the users affected by the NANO (XRB) theft.
    The above re-entry plan will be executed, alternatively (on a monthly basis) and at the sole discretion of BitGrail by:

    The reimbursement to the users who have subscribed the transaction that will be made available, of a portion of virtual currency NANO (XRB) illegally subtracted at a fixed price per unit of $10.5 USD (which was the exchange value of the NANO currency at the time of the discovery of the illegal theft and blocking of exchanges, in total sum, is not revaluable, which will be paid in the form of Bitcoin with crediting to the Balance of the User’s “Wallet”), according to a BTC/USD pair average between different exchanges (Bitfinex, Binance, Bitstamp, etc.,) with status of the residual proportion that can be viewed through the numeric item “BGS,” which will be updated periodically following the partial refund; or alternatively:
    The reimbursement, to users who have signed the agreement that will be made available, of a portion of NANO currency (XRB) in a one-to-one ratio, with the status of the residual position viewable through the numerical value “BGS” that will be periodically updated following the partial repayment plan.
    BitGrail reserves the right (where it deems it possible and appropriate, of its own volition and at its discretion) to increase, possibly and from time to time, on a monthly basis, the amount allocated to the execution of the plan that will be proposed. The eventual occurrence of this assumption will constitute and facilitate BitGrail that will not result for the following months the change of the basic conditions of the transaction that will be made available to the users.
    BitGrail will also reserve the right to its own discretion, to evaluate and accept any different proposals for the proposed agreement (that will be presented to the affected users), balance and removal of their position, by the only users who have signed up to the agreement by signing the agreement. To this end, the possibility will be implemented, for the users who will have signed the settlement agreement, to insert a desired amount for the definition of the balance and write-off, which, if deemed of interest by BitGrail, may allow the latter to define in advance the repayment plan subject of the agreement signed.
    BitGrail states, once again, that only those users who have been affected by illicitly stolen NANO (XRB) currency made by third parties will be able to join the agreement which will consist of a reimbursement, over time and up to the complition of the plan, of the illicitly stolen goods as

    EXTRA EU USERS
    As previously mentioned, at an early stage and for a limited period of time, when the full functionality of the BitGrail platform re-opens, the virtual currency trading functions will be granted exclusively to EU users, while the non-EU users who have signed the settlement agreement will be able to keep their accounts active and make the deposits and withdrawals of virtual currencies available on the platform, but will have the trading features disabled.

    It is BitGrail’s intention to re-open access to its platform in the near future as soon as possible to users who are all over the world.

    IMPLEMENTATIONS OF THE PLATFORM
    With the purpose of guaranteeing an expedited execution of the re-entry plan concerning the the victims of the theft who have accepted the agreement, BitGrail will immediately work on the implementation of the site, focusing on, but not limited to:

    Market/pair increases by adding various cryptocurrencies
    Interface and charts improvements
    An APP for smartphone/tablet
    The implementation of a referral link system
    In addition, a voting system for the list of new emerging cryptocurrencies will also be implemented.

    Thank you for your attention,

    BitGrail

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