Shaquille O'Neal无法回避Solana NFT诉讼,法院表示

币界网Published on 2024-08-19Last updated on 2024-08-19

币界网报道:

周五,针对沙奎尔·奥尼尔的集体诉讼被部分驳回,而美国一家法院认定,围绕他的Solana NFT项目Astrals的法律纠纷可能会继续进行,因为有人指控这位篮球传奇人物向投资者提供和出售未注册的证券。

奥尼尔的基于Solana的NFT项目Astrals拥有10000个“元宇宙就绪化身”,这些化身与一个名为GLXY的DAO和治理令牌相关联。去年提起的诉讼主要关注奥尼尔的角色以及他作为发起人可能承担的责任程度。

莫斯科维茨律师事务所的普通合伙人亚当·莫斯科维茨告诉《解密》杂志:“此案正在全力推进。”他将法官的决定描述为“一个巨大的偶然时刻”

该诉讼的原告,由莫斯科维茨律师事务所代表,声称在2022年FTX倒闭后,奥尼尔“逃离该项目”后,Astrals的价值暴跌。在交易所内爆后不久,奥尼尔在一条不和谐的信息中写道:“我他妈的不会离开”,这是一份声明,记录了奥尼尔失败的承诺和他曾经扮演的关键角色。

在证券法的背景下,美国地区法官Federico Moreno认为,根据《证券法》第12条,奥尼尔可能被视为“卖方”。法官引用的一个因素是奥尼尔的儿子作为星光公司“投资者关系”负责人的角色,以及该项目的成功“完全与被告奥尼尔的名人地位有关”的指控

此外,莫雷诺确定奥尼尔对星光项目的推广不需要与潜在投资者进行“个性化”或“个性化”的沟通。相反,法官发现,由于存在经济动机,奥尼尔经常通过推特进行的广泛沟通与诉讼有关。

莫斯科维茨表示,这一决定可能会对其他与加密货币相关的集体诉讼产生影响,这些诉讼涉及数十亿美元的损失。其中包括与FTX和Voyager有关的案件,莫斯科维茨律师事务所和大卫·博伊斯正在追查这些案件。

莫斯科维茨在谈到莫雷诺的裁决时说:“这是一项非常宽泛的裁决。”。“像美国职业棒球大联盟、NBA、汤姆·布雷迪这样的推广者认为,我们不能陈述第12条的情况,因为我们必须证明每个人都听到了(推广)声明。”

然而,法院驳回了一项指控,即根据“控制人”的定义,奥尼尔有责任推广和销售未注册的证券。为了使这一指控继续进行,该案的原告需要指控奥尼尔在Astrals的日常运营中发挥了积极作用,除了在社交媒体上推广Astrals。

莫雷诺写道:“修改后的起诉书明确指控奥尼尔创立了星光项目,组建了一个管理团队,他的努力至关重要。”。“然而,仅仅某人是创始人这一事实并不等于拥有控制权。”

在周五的法庭判决之前,奥尼尔的团队已经采取行动,删除了几起诉讼中提到的FTX。在2022年11月加密货币交易所倒闭之前,奥尼尔曾在一则广告中担任该公司的名人推广人之一。

由于奥尼尔在《金融时报播客》的一集中发表了讲话,据称阿斯特拉的团队向该项目的社区保证,尽管金融时报受到了影响,奥尼尔的参与仍将继续,莫雷诺否认了一项动议,即删除所有提及破产交易所的内容。

在针对FTX名人发起人的集体诉讼中,为奥尼尔服务被证明是一个挑战。此前,莫斯科维茨告诉Decrypt,他与NBA最大的人物之一进行了一场猫捉老鼠的游戏,这阻碍了案件的进展。

最终,奥尼尔在屋外被送达,只是他的律师反驳说,文件被扔到了他的车上。最终,在曾经是迈阿密FTX竞技场的一场NBA比赛中,奥尼尔在Astrals和FTX诉讼中都得到了服务。

随着诉讼的推进,奥尼尔的动议大多被驳回,这位篮球传奇人物预计将在9月12日前对诉讼的指控作出回应。

奥尼尔没有立即回应Decrypt的置评请求。

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