EminiFX, Inc. Receivership

EminiFX, Inc. Receivership

Case Number: 22-03822 (VEC)

Southern District of New York

DISTRIBUTION PLAN

What is the Distribution Plan?

In August 2024, the Receiver filed a distribution plan and the Court approved it in January 2025.

Key Points of the Plan:

  • How Claims Are Calculated
    • ✅ Only Verified or Resolved Transactions count
    • ❌ ROI, Bonuses, and Internal Transfers do NOT count
  • How Payments Are Calculated
    • Using the "Rising Tide" method
    • See “Understanding the Rising Tide Payment Method” Section [HERE]
  • Distribution Method and Eligibility

Important Timeline:

 

DATE

EVENT

August 9, 2024

  • The Receiver filed the Plan, including a brief in support HERE (English Version)

August 26, 2024

  • The deadline for users to submit feedback to the plan via the User Portal. .

September 10, 2024

  • User responses anonymized by the Receiver and filed with the Court HERE.
  • Alexandre filed a response with the Court HERE.

September 27, 2024

  • CFTC filed a reply brief with the Court HERE.
  • Receiver filed a reply brief with the Court HERE.

January 21, 2025

  • The Court approved the Receiver’s distribution plan in a decision HERE

January 23, 2025

  • The Receiver announced a $100 million distribution HERE
  • Class 3 Rising Tide Percentage:  45%
  • Class 3A Rising Tide Percentage:  55%

 

Payment Status

  • First Wave (February 2025): Payments sent to eligible users who provided payment information
  • Second Wave (March 2025): Payments sent to:
    • Eligible users who hadn't provided payment information earlier
    • Eligible users who needed to fix payment information issues
    • Eligible users whose claims were recently resolved

Important: We Need Your Payment Information!

  • Money has been set aside for ALL initial distributions
  • You MUST provide your payment information to receive your money
  • Log into your User Portal today to submit your information
  • The Receiver will continue processing payments as users provide information

📺 WATCH OUR EXPLANATION VIDEOS

Latest Town Hall Meeting

Watch our January 2025 town hall meeting where we explain the Initial Distribution Plan:

Previous Town Hall Meeting

Watch our earlier town hall from August 2024 where we first discussed the Distribution Plan:

These videos answer many common questions about how payments work and what to expect.

📝 TAX INFORMATION

No 1099 Forms Will Be Sent

The Receiver will NOT send Form 1099 to EminiFX users who received funds from EminiFX, due to the nature of the EminiFX operation.

Tax Advice

The Receiver cannot provide any personal tax advice. Please consult your own tax advisor about how to handle these payments on your tax return.

👤 HOW USER CLAIMS WORK

What Counts in Your Claim

Your EminiFX claim amount is based on:

  • ✅ Verified and Accepted deposits shown in your User Portal
  • ✅ Verified and Accepted withdrawals shown in your User Portal

These transactions represent real money that went into and out of EminiFX.

What Does NOT Count in Your Claim

The following do NOT count in your claim amount:

  • ❌ ROI (Return on Investment)
  • ❌ Referral bonuses
  • ❌ Other bonuses
  • ❌ Internal transfers between users

These items did not involve actual money going into EminiFX, so they are NOT part of your claim.

User Portal 2.0

The Receiver launched an updated User Portal in October 2024:

  • Same website and login information
  • Updated transaction records showing the Receiver's review
  • The deadline to object to these determinations has passed

Getting Your Payment

  • All users with verified claims must provide payment information through the User Portal

Disputes

  • If you objected to any disputed any transactions, you will have opportunities to resolve those disputes (see details below).  All disputes must be resolved to receive a distribution.

UNDERSTANDING THE "RISING TIDE" PAYMENT METHOD

What is "Rising Tide"?

The Distribution Plan uses a "Rising Tide" formula to calculate how much money each user gets. This method aims to make payments fair for everyone and was approved by the Court.

How It Works

The Basic Formula:

Your Payment = (Your Total Deposits × Rising Tide %) – (Your Withdrawals + Any Previous Payments)

Current Rising Tide Percentages:

  • Class 3 users (over $1,000): 45% (may receive more payments later)
  • Class 3A users ($1,000 or less): 55% (will only receive this one payment)

The Goal of Rising Tide

The Rising Tide method tries to make the total money received (withdrawals + payments) as fair as possible for users who deposited the same amount.

 

Sample User

Receiver Distribution 1 45% Rising Tide

Receiver Distribution 2 55% Rising Tide

Sum of Receiver Distributions

Sum of Withdrawals and Receiver Distributions

User A

Deposits $10,000

Withdrawals $0

$4,500

$1,000

$5,500

$5,500

User B

Deposits $10,000

Withdrawals $2,000

$2,500

$1,000

$3,500

$5,500

User C

Deposits $10,000

Withdrawals $5,000

$0

$500

$500

$5,500

User D

Deposits $10,000

Withdrawals $8,000

$0

$0

$0

$8,000

 

For users with no disputed transactions, you can log onto your Portal Here to see the amount of your distribution.

PAYMENT TIMING & ELIGIBILITY

Recent Payment Schedule

  • February 28, 2025: First wave of payments began
  • March 31, 2025: Second wave of payments began
  • Canadian Users: Payments through Interac may take longer

✅ Are You Eligible for Payment?

You can receive a payment if ALL of these are true:

  • Your account has NO disputed transactions
  • You have provided valid payment information
  • Your withdrawals divided by deposits are LESS THAN the Rising Tide Percentage
  • Your account is not under review (this affects very few users)

🔍 Why Haven't You Received Your Payment?

If you haven't received your payment yet, check these possible reasons:

  1. Missing Payment Information
    • This is the most common reason
    • Log into your User Portal to provide your payment details
  2. Disputed Transactions
    • You must resolve all disputes before receiving payment
    • Recently resolved disputes may still be processing
  3. Account Hold
    • Some accounts require additional review

📱 Check Your Status

  • Log into your User Portal to:
    • See if you're eligible for payment
    • Check your payment amount
    • Submit your payment information

❓ Questions?

  • Email: EMINIFX@STRETTO.COM
  • Our team will respond as quickly as possible
  • NOTE: We only respond to emails and calls sent to Stretto

🛑 DISPUTED TRANSACTIONS & OBJECTIONS

Common Reasons for Disputes

If your transactions were disputed, here are the most common reasons:

  1. Seeking ROI or Bonuses
    • The Plan does not allow ROI or multilevel marketing bonuses
    • You will need to provide evidence that you're seeking an actual deposit
  2. Not Enough Documentation
    • We need more proof to support adding the transaction
    • You can provide additional documentation through User Portal 2.0
  3. Duplicate or Wrong Owner
    • The transaction is already on your log (duplicate)
    • The transaction belongs to another user's log (wrong owner)
  4. User-to-User Dispute
    • You sent money to another user outside of EminiFX
    • No evidence shows the money entered the EminiFX system
  5. Internal Transfers Not Counted
    • You received transferred funds from another user within EminiFX
    • No new money entered the EminiFX system

Important Deadline Has Passed

  • The deadline to object to the Receiver's decisions was December 16, 2024
  • If you did not object by this date, we're using the Receiver's amounts to calculate your payment
  • If you accepted all the Receiver's decisions, your account becomes eligible for payment (unless you have a "review hold")

What's Happening Now

  • The Receiver's team is reviewing accounts where users objected
  • Keep checking your portal and emails for updates
  • Someone from our team may call or email you for more information
  • If you have additional information to support your objection, send it through the portal communication
  • If you changed your mind and want to accept the Receiver’s recommendation, send a note in the portal communication

🛑 OTHER ISSUES WITH CLAIMS

Liens on Claims

Sometimes a third party may place a legal lien (claim) on your payment.

  • A lien form is available HERE
  • There is a $250 processing fee to submit a lien
  • Additional charges apply to any payment with a lien
  • If someone places a lien on your claim, you will be notified and can respond
  • Liens cannot affect payments that have already been sent to you

Deceased Claimants

If a claimant has passed away:

  • A form is available HERE to transfer the claim to the person's estate
  • Family members will need to provide documentation
  • Our team will work with family representatives to help with this process

Review Holds

A small number of accounts are on hold for further review:

  • This mainly affects EminiFX insiders or people with "net winner" accounts
  • These holds will automatically expire on July 21, 2025, unless the Receiver
    • makes a demand asserting a claim or potential claim against the user;
    • files a motion with the Court; or
    • commences litigation
  • The Receiver may also seek to subordinate payment of a user’s claim or consolidate one or more accounts of the user
  • The Receiver will usually contact affected users to try to resolve the hold

Legal Compliance

We must follow all laws when sending payments:

  • This includes regulations from the Office of Foreign Assets Control (OFAC)
  • Our team will work with affected claimants when possible