Quadriga Fintech Solutions
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Quadriga Fintech Solutions was the owner and operator of QuadrigaCX, which was believed to be Canada's largest
cryptocurrency exchange A cryptocurrency exchange, or a digital currency exchange (DCE), is a business that allows customers to trade cryptocurrencies or digital currencies for other assets, such as conventional fiat money or other digital currencies. Exchanges may acc ...
. In 2019 the exchange ceased operations and the company filed for bankruptcy with C$215.7 million in liabilities and about C$28 million in assets. The company's CEO and founder, Gerald William Cotten, allegedly died in 2018 after traveling to India. Up to C$250 million (US$190 million) in cryptocurrency owed to 115,000 customers was missing or could not be accessed because only Cotten held the password to off-line cold wallets. Quadriga likely never invested the funds entrusted to it, according to Chainalysis, a cryptocurrency tracking firm. Either the funds were never received or quickly went missing. "What Quadriga really did with the money that customers gave it to buy Bitcoin remains a mystery," according to Chainalysis.
Ernst & Young Ernst & Young Global Limited, trade name EY, is a multinational professional services partnership headquartered in London, England. EY is one of the largest professional services networks in the world. Along with Deloitte, KPMG and Pricewat ...
was appointed as an independent monitor while Quadriga was granted temporary legal protection from its creditors under the ''
Companies' Creditors Arrangement Act The ''Companies' Creditors Arrangement Act'' (CCAA; french: Loi sur les arrangements avec les créanciers des compagnies) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to ...
''. On 8 April 2019 the firm entered bankruptcy under the
Bankruptcy and Insolvency Act The ''Bankruptcy and Insolvency Act'' (BIA; french: Loi sur la faillite et l'insolvabilité) (the ''Act'') is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial prop ...
as the possibility of a successful reorganization appeared to be remote. The
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
(RCMP) and the U.S.
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI) were reportedly investigating the company. Lawyers for the customers of the exchange have asked that Cotten's body be exhumed.


History


Founding

Gerald Cotten (born 11 May 1988) lived in
Belleville, Ontario Belleville is a city in Ontario, Canada situated on the eastern end of Lake Ontario, located at the mouth of the Moira River and on the Bay of Quinte. Belleville is between Ottawa and Toronto, along the Quebec City-Windsor Corridor. Its populat ...
before attending the
Schulich School of Business The Schulich School of Business is the business school of York University located in Toronto, Ontario, Canada. The institution provides undergraduate and graduate degree and diploma programs in business administration, finance, accounting, busine ...
at
York University York University (french: Université York), also known as YorkU or simply YU, is a public university, public research university in Toronto, Ontario, Canada. It is Canada's fourth-largest university, and it has approximately 55,700 students, 7,0 ...
in
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
. He graduated from York with a bachelor of business administration in 2010. He learned about Bitcoin in Toronto and travelled to
Vancouver, British Columbia Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the most populous city in the province, the 2021 Canadian census recorded 662,248 people in the city, up from 631,486 in 2016. The ...
, where he founded Quadriga in November 2013 with Michael Patryn. Quadriga started by doing only local trades. Their online exchange launched after the first month. In January 2014 they installed the second
Bitcoin ATM Bitcoin ATMs (Automated Teller Machine) are kiosks that allows a person to purchase Bitcoin and other cryptocurrencies by using cash or debit card. Some Bitcoin ATMs offer bi-directional functionality enabling both the purchase of Bitcoin as well ...
in Vancouver. In 2014 only C$7.4 million worth of bitcoin were exchanged on Quadriga. In a 2014 interview, founder Gerald Cotten explained that the company stored customer funds on paper wallets in
safe deposit box A safe deposit box, also known as a safety deposit box, is an individually secured container, usually held within a larger safe or bank vault. Safe deposit boxes are generally located in banks, post offices or other institutions. Safe deposit ...
es: "So we just send money to them, we don’t need to go back to the bank every time we want to put money into it. We just send money from our Bitcoin app directly to those paper wallets, and keep it safe that way." The company tried to raise money and list on the Canadian Securities Exchange (CSE) working with Patryn. The company raised C$850,000 but cancelled plans to list on the exchange in early 2016. Quadriga had four employees in 2015 with offices in Vancouver and Toronto, but ran out of money by June 2015. In 2016, Cotten became the sole director of Quadriga when all the other directors resigned. Other than a few contractors, it had no employees, offices or bank accounts thereafter. In 2017, Bitcoin experienced a speculative frenzy rising in price from about US$1,000 to almost US$20,000. About C$1.2 billion worth of bitcoin was exchanged on Quadriga. While the large increase in volume increased commissions, it also caused cash-flow problems due to the exchange's reliance on external payment processors and its lack of a proper accounting system. In June 2017, Quadriga announced that they had lost
ethereum Ethereum is a decentralized, open-source blockchain with smart contract functionality. Ether (Abbreviation: ETH; sign: Ξ) is the native cryptocurrency of the platform. Among cryptocurrencies, ether is second only to bitcoin in market capita ...
worth US$14 million due to a smart contract error. Throughout 2018, as Bitcoin prices crashed, customers of the exchange reported delays when attempting to withdraw dollars. C$28 million held by Costodian, a Quadriga payment processor, was frozen by the
Canadian Imperial Bank of Commerce The Canadian Imperial Bank of Commerce (CIBC; french: Banque canadienne impériale de commerce) is a Canadian multinational banking and financial services corporation headquartered at CIBC Square in the Financial District of Toronto, Ontario. ...
(CIBC) in January 2018. CIBC stated that they could not determine the ownership of the money and could not contact Cotten or Quadriga. In November 2018 the case was decided with the accounts going to the court to decide the ownership individually. Neither Costodian or Quadriga could access the funds. According to court filings, Quadriga also used WB21 as a payment processor. Michael Gastauer, Chief Executive of WB21, has been named in a civil lawsuit by the U.S. Securities and Exchange Commission as part of a US$165 million fraud. Another payment processor used by Quadriga, Crypto Capital, was named in a civil suit filed by the
New York Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government o ...
in April 2019. In that case, $851 million entrusted to Crypto Capital had been "lost, stolen or absconded with", according to the suit. Quadriga used an unusual teller-window system for customers to withdraw their money. Rather than pay customers via bank wires, they were told to come to a nondescript building in
Laval, Quebec Laval (; ) is a city in Quebec, Canada. It is in the southwest of the province, north of Montreal. It is the largest suburb of Montreal, the third-largest city in the province after Montreal and Quebec City, and the thirteenth largest city in C ...
to pick up the cash. Customers reported that once they arrived, there was nobody in the office, or that there was no cash to be disbursed. In January 2019 Ernst & Young reported that Quadriga did not have a bank account, but instead used third-party payment processors. It apparently had no formal accounting system. The business was run from Cotten's encrypted laptop from Cotten's home in
Fall River, Nova Scotia Fall River is a suburban community located in Nova Scotia, Canada within the Halifax Regional Municipality. It is located north-northeast of the Bedford Basin, northeast of Bedford and Lower Sackville and north of Waverley. Fall River's name i ...
.


Omar Dhanani

Quadriga co-founder Michael Patryn was identified by ''
The Globe and Mail ''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'' as Omar Dhanani, who was convicted on identity theft charges in the U.S. and served 18 months in Federal prison. Dhanani also had pleaded guilty to burglary and grand theft charges and had been deported to Canada. Bloomberg also identified Patryn as Dhanani, showing that he had officially changed his name from Omar Dhanani to Omar Patryn in British Columbia in March 2003 and changed it again to Michael Patryn in October 2008.


CEO's death

According to
Jennifer Robertson Jennifer Robertson (born November 24, 1971) is a Canadian actress, writer, and comedian. She is known for her starring role as Jocelyn Schitt in the CBC Emmy Award-winning sitcom ''Schitt's Creek'' (2015–2020), for which she was nominated fo ...
, Cotten's widow, he died on 9 December 2018 while travelling in
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
. She had accompanied him to a hospital in
Jaipur Jaipur (; Hindi: ''Jayapura''), formerly Jeypore, is the capital and largest city of the Indian state of Rajasthan. , the city had a population of 3.1 million, making it the tenth most populous city in the country. Jaipur is also known ...
the previous day and he was diagnosed with septic shock, perforation, peritonitis, and intestinal obstruction. On the 9th, he allegedly died after episodes of cardiac arrest. On 10 December, a death certificate was issued by the local municipality as well as a "no objection certificate" from the police to return the body to Nova Scotia. Robertson filed an affidavit on behalf of the company which included a "Statement of Death" for Cotten, filed in Halifax, Nova Scotia, on 12 December 2018. It also stated that Quadriga has 363,000 registered users and a sum of C$250 million is owed to 115,000 affected users. Cotten's will was signed 27 November 2018, twelve days before he allegedly died. It left Robertson the entire C$9.6-million estate and named her as the trustee. The estate includes an airplane, a sailboat, a 2017 Lexus, and real estate in
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
and
Kelowna, British Columbia Kelowna ( ) is a city on Okanagan Lake in the Okanagan Valley in the southern interior of British Columbia, Canada. It serves as the head office of the Regional District of Central Okanagan. The name Kelowna derives from the Okanagan word ''ki ...
. A C$100,000 trust fund was made to provide lifelong care for Cotten's two chihuahuas in case of Robertson's death. On 14 January 2019, Quadriga announced that their CEO, Gerald Cotten, had died the month prior from Crohn's disease while doing volunteer work at an orphanage in India. After the exchange was put into maintenance mode for several days in January, they announced on the 31st that they were applying for creditor protection. According to an affidavit by the CEO's widow, approximately 115,000 customers are owed C$250 million (US$190 million), most of which was cryptocurrency held in Quadriga's cold wallet in the laptop that only the deceased CEO had access to. Blockchain analysts have reported that they are unable to find evidence of Quadriga's cold wallets on the blockchain, a public ledger used for cryptocurrencies. According to some of Cotten's family members, there was a crypto "Dead man's switch" that would provide Quadriga with operating information in the event of his death; however, "neither the monitor nor others involved with the organization are aware of a dead-man switch email having been received." Ernst & Young found five Quadriga cold wallet addresses, but they were empty, containing no cryptocurrency since April 2018. Another "appears to have been used to receive Bitcoin from another cryptocurrency exchange account and subsequently transfer Bitcoin to the Quadriga hot wallet" on 3 December. Another three empty wallets were believed to possibly be owned by Quadriga. Fourteen trading accounts that were also examined were used to trade on other exchanges. Quadriga continued to accept deposits until 26 January.


Ponzi scheme

Some
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users have suggested that Cotten faked his own death in order to defraud customers through an
exit scam An exit scam is a confidence trick where an established business stops shipping orders while receiving payment for new orders. If the entity had a good reputation, it could take some time before it is widely recognized that orders are not shipping ...
, while others believe that Cotten's death exposed a Ponzi scheme. On 13 December 2019, the court-appointed law firm representing the exchange's former users sent a letter to the RCMP asking that they exhume Cotten's body to confirm his identity and verify a cause of death. In June 2020, the
Ontario Securities Commission The Ontario Securities Commission (OSC) is a regulatory agency which administers and enforces securities legislation in the Canadian province of Ontario. The OSC is an Ontario Crown agency which reports to the Ontario legislature through the Mi ...
officially concluded that Quadriga was indeed a fraud and a Ponzi scheme. It stated that Gerald Cotten committed fraud by opening accounts under aliases and crediting himself with fictitious currency and crypto asset balances, which he traded with unsuspecting clients and that "What happened at Quadriga was an old-fashioned fraud wrapped in modern technology." The Official Ontario Securities report on Quadriga is attached here. Gerald Cotten's widow has maintained that she knew nothing about her husband's activities and agreed to forfeit $12 million in assets.


Insolvency proceedings

On 5 February 2019, Nova Scotia Supreme Court Justice Michael J. Wood ordered a "30-day stay that precludes filing of claims against Quadriga", which is a temporary legal protection from its creditors under the ''
Companies' Creditors Arrangement Act The ''Companies' Creditors Arrangement Act'' (CCAA; french: Loi sur les arrangements avec les créanciers des compagnies) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to ...
'', a legal status that allows insolvent corporations to restructure their business and financial affairs. Meanwhile, in order to manage the finances of the company during the process, a third-party monitor,
Ernst & Young Ernst & Young Global Limited, trade name EY, is a multinational professional services partnership headquartered in London, England. EY is one of the largest professional services networks in the world. Along with Deloitte, KPMG and Pricewat ...
, was appointed. Aaron Matthews served as Director of Operations. Ernst & Young reported on 6 February 2019 that C$468,675 (US$354,300) of bitcoin were "inadvertently" sent to an inaccessible cold wallet. On 5 March 2019, Justice Wood extended Quadriga's court protection to 23 April. He appointed Peter Wedlake of
Grant Thornton Grant Thornton is the world's seventh-largest by revenue and sixth-largest by number of employees professional services network of independent accounting and consulting member firms which provide assurance, tax and advisory services to private ...
to be chief restructuring officer. Quadriga's customers are owed C$260 million in cryptocurrency and cash. A C$24.7 million disbursement fund has been planned with C$300,000 to go to Cotten's widow,
Jennifer Robertson Jennifer Robertson (born November 24, 1971) is a Canadian actress, writer, and comedian. She is known for her starring role as Jocelyn Schitt in the CBC Emmy Award-winning sitcom ''Schitt's Creek'' (2015–2020), for which she was nominated fo ...
, who advanced that amount to start the court proceedings; C$200,000 will go to Ernst & Young and another C$250,000 to its lawyers; C$229,842 will go to Quadriga's lawyers; and C$17,000 to independent contractors. Quadriga's lawyer, the firm Stewart McKelvey, withdrew from the case due to a potential conflict of interest.


In popular media

A documentary titled '' Dead Man's Switch: A Crypto Mystery'' about the story of Gerald Cotten premiered at the 2021 Hot Docs Canadian International Documentary Festival. The CBC released a 6-episode podcast about Quadriga and the death of its founder called ''A Death in Cryptoland''. The podcast was hosted by Takara Small. A
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a fi ...
documentary titled '' Trust No One: The Hunt for the Crypto King'' about the story of Gerald Cotten was released in March 2022. A 2021 8-episode podcast entitled ''Exit Scam'' followed the buildup of Quadriga, and investigated whether Gerald Cotten had faked his own death. The podcast was reported by Aaron Lammer and Lane Brown.


References


Further reading

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External links


Exchange website
{{Cryptocurrencies, state=expanded Financial services companies established in 2013 Canadian companies established in 2013 Crypto Ponzi schemes Cryptocurrency scams Former Bitcoin exchanges Companies based in Vancouver Companies that have filed for bankruptcy in Canada Fraud in Canada Corporate scandals