Claim No.

________

IN THE SUPREME COURT OF THE BRITISH INDIAN OCEAN TERRITORY

B E T W E E N:

Johannes Heyns

Claimant

-and-

AXECC.IO (AXE Crypto Currency or AXECC)

Defendant

PARTICULARS OF CLAIM

Parties

1. Claimant Johannes Heyns is a citizen of the Republic of South Africa, residing in

Pretoria, South Africa.
2. Defendant AXECC.IO (AXE Crypto Currency or AXECC) purports to be a crypto
currency trading or investment platform with no fixed abode or office except for its Top-
Level Domain .io website: axecc.io.
3. The domain registration for axecc.io is masked and leads to a privacy service Whois
Privacy Corp. in Nassau, The Bahamas.

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Background to the Claim
4. This is a claim for deceit for £123,923 fraudulently obtained from Claimant by the
Defendant known as AXECC.IO (AXE Crypto Currency or AXECC).
5. AXECC presents itself as a legitimate trading platform or venue for crypto currency
transactions.
6. The AXECC.IO website states that its purpose is: “Trade on the moving values of the
Cryptocurrencies for higher geared returns on Axecc Trading Platform.”
7. AXECC.IO however is not a licensed trading platform in the British Indian Ocean
Territory or any other jurisdiction.
8. AXECC claims it has devised a unique trading strategy that can produce an extremely
high return in less than two months.
9. The Claimant asserts that AXECC does not trade crypto currency but simply induces
investors to divest themselves of money and/or crypto currency and then posts false
invoices showing impressive profits in order to obtain more deposits from victims.
10. The Claimant asserts AXECC is a criminal organisation with no purpose other than
criminal activity and receiving payments from its victims in crypto currency and through
credit card and bank wire to third party remittance services or criminal confederates.
False Representations
11. In November 2017 Andrew Kirov, a self-described “senior broker” purportedly based
in Oslo, Norway referred Claimant to AXE Crypto Currency “AXECC” doing business
as AXECC.IO. While Kirov pretended to be unaffiliated with AXECC, the Claimant
asserts that Kirov’s job was to steer victims to AXECC.
12. AXECC through its brokers and/or touts Tomas Miller, Sofia Rojas and Tanya Brown
induced Claimant to deposit £123,923 in a series of transactions from November 2017
through June 2018, the majority of which were obtained through the simple expedient of
providing a running false accounting showing trading profits. Claimant’s payments were
made to AXECC in a series of approximately 20 transactions including various other
payments such as “taxes” and “fees.” The payments were in mixed transactions of Pound
sterling, Euros, and US dollars as well as crypto currency including the following
payments and dates:
€ 5000 16/11/2017
€ 7250 04/12/2017
€ 5000 12/12/2017
€3520 12/12/2017
€8520 13/12/2017
€ 7691 04/03/2018
€18144 15/03/2018

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$7000 28/03/2018
€8722 10/04/2018 (Tax)
€7000 18/04/2018
€2234 26/04/2018
€3320 14/05/2018
€ 6000 01/06/2018 (Service Fee)
£ 3000 11/06/2018 (Service Fee)
€ 1000 13/06/2018 (Service Fee)
€20,768 10/06/2018 (Advance Fee)
Other payments were in crypto currencies on various other dates between November 2017
and June 2018.
13. Claimant was encouraged to continue to fund the AXECC account as his “profits”
grew with the AXECC account balance peaking at €284,607 by May 2017. See Exhibit
“1” attached.
14. On April 10, 2018, AXECC produced a false assessment from Her Majesty’s
Revenue & Customs (‘HMRC’) in the sum of €8722 with which they induced Claimant
to pay to them. HMRC later confirmed the tax bill assessment was a complete forgery
but Claimant was indeed deceived by it and paid the funds to AXECC who corruptly
personated HMRC. See Exhibit “2” attached.
15. On May 21, 2018, AXECC provided a false accounting to Claimant demanding a
€6000 service fee before Claimant’s funds could be released, which the Claimant paid
this fee as well. And on On June 11and June 13, 2018, AXECC demanded that Claimant
pay service fees totaling 3000£ and 1000 €, which he did.
16. AXECC however did not release the promised €284,607 but instead Claimant was
contacted in June 2018 by two of claimant’s agents, the Andrew Kirov and Rainer
Swartzmann who intentionally and falsely promised to gain more funds from Claimant
that in exchange for an additional payment of €20,767.85, the said €284,607 would be
released to Claimant. Pursuant to an agreement with Kirov and Swartzmann, Claimant
paid €20,767.85, but no funds were released Claimant. The entire charade being what is
termed an “advance fee scam.” See Exhibit “3” attached.
17. As a result of AXECC’s many intentional misrepresentations which were relied upon
by Claimant his losses totaled at least £123,923.
Jurisdiction
18. The Supreme Court of the British Indian Ocean Territory has jurisdiction over
activities occurring within and without the Territory:
The jurisdiction of the Supreme Court in all its functions shall extend throughout
the Territory: Provided that this section shall not be construed as diminishing any

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 jurisdiction of the Supreme Court relating to persons being, or to matters arising,
outside the Territory.
British Indian Ocean Territories Courts Ordinance No.3 of 1983, section 8.
19. The British Indian Ocean Territory’s country code top level Internet domain “ccTLD”
is “.io” and is available for worldwide commercial use.
20. Batelco/SURE provides Telecom and Internet services to the British Indian Ocean
Territory and maintains facilities at Diego Garcia. The ccTLD Administrator
Batelco/Sure office on Diego Garcia is the designated holder of the .io ccTLD registry
according to IANA (Internet Assigned Name Authority).
21. IANA is responsible for determining an appropriate trustee for each ccTLD.
Administration and control is then delegated to that trustee, which is responsible for the
policies and operation of the domain. The current delegation can be determined from
IANA's list of ccTLDs. The designated trustee of .io is Batelco/Sure formerly known as
Cable & Wireless.
22. A UK company, Internet Computer Bureau Ltd. also known as “ICB”, manages the
sale of .io domains for commercial use. Batelco/SURE and the British Indian Ocean
Territories Administrator maintain a relationship with ICB.
23. ICB conducts business through resellers who in turn sell .io domains to service
providers such as the Whois Privacy Corp. organization which is utilized by Defendant.
24. Public information about axecc.io is as follows and available at
https://www.nic.io/whois-search.htm:
Domain Name: AXECC.IO
Registry Domain ID: D503300000096579586-LRMS
Registrar WHOIS Server:
Registrar URL: www.tldregistrarsolutions.com
Updated Date: 2018-11-19T12:16:13Z
Creation Date: 2018-04-23T15:44:26Z
Registry Expiry Date: 2019-04-23T15:44:26Z
Registrar Registration Expiration Date:
Registrar: TLD Registrar Solutions Ltd.
Registrar IANA ID: 1564
Registrar Abuse Contact Email:
Registrar Abuse Contact Phone:
Reseller:
Domain Status: ok https://icann.org/epp#ok
Registrant Organization: Whois Privacy Corp.
Registrant State/Province: New Providence
Registrant Country: BS
Name Server: NED.NS.CLOUDFLARE.COM
Name Server: ROSA.NS.CLOUDFLARE.COM
DNSSEC: unsigned
>>> Last update of WHOIS database: 2018-11-20T04:43:06Z <<<

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25. The WHOIS registry lists “Whois Privacy Corp.” of The Bahamas as the website
registrant. Whois Privacy Corp. is a proxy registrant service, its website states: “Whois
Privacy Corp keeps your domain name ownership details private. Our contact information
is made public in the Whois Directory and your details are kept hidden from view. If you
need to contact an owner, please send an email to the email address you found in the
public whois.” There is however no email listed as a contact for axecc.io contrary to
normal protocols.
26. The website of Whois Privacy Corp. at whoispriavacycorp.com states that its
address is: Whois Privacy Corp., Ocean Centre, Montague Foreshore, East Bay Street,
New Providence, Nassau, The Bahamas. And further indicates it acts an agent for
receipt of legal process for its clients.
27. The High Court (Queen's Bench Division) has found that mail and email service upon
a proxy registrant service is sufficient for the grant of injunctive relief against one of its
clients: See: [2015] EWHC 2628 (QB).
28. This Court has jurisdiction over this matter for the following reasons:
(i) The Top-Level Domain Registry for the .io Internet domain is officially sited by IANA
£at the office of Batelco/Sure on Diego Garcia, British Indian Ocean Territory.
(ii) Defendant’s only known current address is the domain bitblender.io.
(iii) Service of process may be made upon the Defendant owing to its open usage of the
Whois Privacy service which provides a judicially recognized avenue for service of
process and legal defense.
(iv). The losses of the Claimant are significant, and its only remedy against Defendant
lies with this Court.
(v) It is in the interests of this Court and the British Indian Ocean Territory to assert
jurisdiction over the matter.
Interest
29. The Claimant is entitled to and claims interest at such rate and for such period as the
Court deems just pursuant to section 35A of the Senior Courts Act 1981 (according
pursuant to Ordinance No. 3 of 1983 and Statutory Instrument No. 5 of 1984, section 5.1).
30. The Claimant seeks
(i) Damages for deceit in the amount of £123,923;
(ii) Interest as aforesaid;
(iii) Legal fees and costs;
(iv) Such other relief as this Court finds appropriate including referral of Defendant for
criminal prosecution.
JONATHAN LEVY
DUNCAN MACDONALD
Legal Practitioners and Solicitors for Claimant, Johannes Heyns

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Statement of Truth

The Claimant believes that the facts stated in these Particulars of Claim are true. I
I am duly authorised by the Claimant to sign this statement.

Signed Date December 6, 2018

Name: JONATHAN LEVY

SOLICITOR FOR CLAIMANT

Claim No. ________

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IN THE SUPREME COURT OF THE BRITISH INDIAN OCEAN TERRITORY

B E T W E E N:

Johannes Heyns

Claimant

-and-

AXECC.IO (AXE Crypto Currency or AXECC)

Defendant

PARTICULARS OF CLAIM