judicial expertise on alexandrites can clarify coup

The Justice of São Paulo this week issued a decision favorable to the victims of a possible scam involving investment in cryptocurrencies. the defenses of Gustavo Scarpa It is Willian Mustache, in different cases, asked for guardianship of a 20.8 kg pouch containing alexandrite stones, whose value, according to XLand, a company accused of causing millions of losses to players, is US$ 500 million (R$ 2 .5 billion). One of the next steps of the actions is the request of judicial expertise to determine the real value of the precious stones.

The player’s lawyer Gustavo Scarpa had filed a request for the pouch to remain in the custody of Justice, being removed from a safe in which it is allocated in the city of São Paulo. Judge Daniel Fadel de Castro, of the 10th Civil Court, however, determined that the pouch remain in the custody of Sekuro Private Box S/A. The company had a valid contract with XLand until Tuesday (25) and could return the pouch to the owner (Gabriel de Souza Nascimento, one of XLand’s partners) at the end of the bond, if there was no contrary court decision.

The defense of Willian Bigode, on behalf of the wife of the Athletico player, Loisy Marla Coelho Pires de Siqueira, in line with the decision handed down by the 10th Court, filed last Friday (21) with an injunction for anticipatory relief antecedent, also requesting that the pouch not be returned to XLand and remain in the custody of Sekuro. The request was accepted by the 36th Civil Court of São Paulo and notified to Sekuro in person by the player’s own lawyer. The athlete recently changed lawyers and started to be defended by an office in Bahia.

“The sole purpose of the injunction is to guarantee the preservation of the rights of Ms. Loisy Siqueira and Mr. Willian Siqueira, as well as, for the estimated value of the stones, it will allow other people who, by chance, have entered into a lease agreement for digital assets with XLand Holding Ltda., may be effective in any lawsuit”, informed Willian’s defense in a note.

By keeping the pouch under guardianship, Willian and Scarpa’s defenses aim to protect themselves from the damage caused by the investment. If in fact the stones are worth billions of reais, players and other clients injured by XLand will be able to be reimbursed.

For this, it is necessary in the next moment, to request a judicial expertise to determine the value of the stones. According to Willian’s lawyer, in contact with the Estadãothe request must occur within 30 days, the legal deadline for the distribution of the main lawsuit filed by the striker of the club from Paraná.

Expertise is also necessary in light of XLand’s contradiction over the value of the gemstones and how much it actually paid for the alexandrites. Attached to the file is a receipt showing that 20 kg of alexandrites were purchased from Andrade Gemas e Joias, in the city of Campo Formoso, in Bahia, for R$ 6 thousand, a value well below the R$ 2.5 billion presented by the company as ballast and guarantee of operations with cryptocurrencies. XLand has a technical report signed by gemologist Weysida Carvalho.

According to Hugo Verner Flister, a gemologist specializing in the identification, classification and evaluation of precious stones, pointing out alexandrites, rubies and emeralds as investment guarantees is something that emerged in 1995, especially in Minas Gerais. More recently, the same trick has been used in cryptocurrency investments and the exchange of real estate. Cases similar to that of players are recurrent.

“Almost in all cases, in these reports, the professional classifies the material incorrectly and prices based on this incorrect classification. It attests to good quality, but in fact these materials are normally not used for gemological purposes. They often lack color, transparency and nor is it real alexandrite. In my 40 years in the profession, I have never seen 20 kg of good quality alexandrite. The Judiciary is becoming aware of this matter (use of fraudulent reports to certify the quality of precious stones) a little late. This documentation generates several problems in the market”, says Verner.

“In cases like these, the production of expert evidence is extremely necessary. The judge, who does not have the technical knowledge to assess the authenticity and value of the supposed precious stones, has the help of an expert he trusts to make report responding to these questions, always observing the contradictory, which means, in practice, that the parties will be able to present questions and even object to the expert’s conclusions”, explains Renan Sequeira, litigation and arbitration lawyer at Vernalha Pereira.

XLand has not yet manifested itself in the case records, both filed by Mayke and Scarpa. Nor was there any request for qualification of lawyers to act in defense of the investment company. With the notification of the defendants cited in the lawsuit filed by the right-back, it started running on Monday, the deadline for the defenses’ allegations is 15 working days to manifest themselves. The case is investigated in the civil and criminal spheres. Scarpa claims to have lost BRL 6.3 million on the investment. Mayke had a loss of BRL 4,583,789.31, while Willian claims to have suffered the biggest default, of BRL 17.5 million.

Alexandrite stones are rare and found in Russia, Sri Lanka and Brazil, more precisely in Minas Gerais, in Nova Era, and also in Bahia, whose material is not usually of good quality. They change color depending on the environment. Under the effect of natural light, they turn green, while under certain types of artificial light, they take on a red color. The three players follow their careers while the case goes through the courts.