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The Commodity Futures Trading Commission has begun Hague Convention service on EmpiresX fraudsters, Emerson Pires and Flavio Goncalves.

This EmpiresX Ponzi scam was created by Pires and Goncalves.

Pires and Goncalves made their way to Brazil after discovering that they were the subject of an investigation by US officials.

The CFTC filed a Status Report with the court on August 9 about the status of Pires’ and Goncalves’ service.

Two of the defendants, Pires and Goncalves, are believed to be living in Brazil at this time, according to the CFTC.

Process against Defendants Emerson Pires and Flavio Goncalves has been served by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”).

On August 5, 2022, the CFTC secured certified translations (into Portuguese) of the Complaint, Civil Cover Sheet, and Summons by the Hague Convention on the Law of Treaties.

The Central Authority of Brazil, the Department of Assets Recovery and International Legal Cooperation, received all papers required for service under the Hague Convention on August 9, 2022, under the direction of the Commodity Futures Trading Commission (CFTC).

The Central Authority estimates that it will take between nine and eighteen months to complete the service of papers under the Hague Convention.

The CFTC has already served process on Joshua Nicholas and Empires Consulting Corp, the two additional defendants in the case.

It’s been hard for US officials to serve warrants on fraudsters who skip town to Brazil. The CFTC said earlier this month that service under the Hague Convention had been started against Johannes Steynberg.

During his time at Mirror Trading International, a $1.7 billion Ponzi fraud, Steynberg served as its chief executive officer. Steynberg is not a Brazilian citizen like Pires and Goncalves.

The SEC has begun civil fraud procedures against both Pires and Goncalves at the same time. Additional criminal fraud allegations have been indicted against them.

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