The Superior Court upholds the conviction of fraud and refutes Sbaraini in the appeal, and demonstrates the dangers of high-paying crypto programs.
The Superior Court of Justice (STJ) has categorically turned down the appeal by Sbaraini Administradora de Capitais Ltda, its related companies, and Eduardo Sbaraini.
The ruling preserves the previous decision of the São Paulo Court of Justice that imposed a duty on the companies to cancel contracts and reimburse a client. The moral damages compensation of R$20,000 was also affirmed by the court.
The case arose when police investigations stopped the activities of Sbaraini, and investors were not able to retrieve their finances anymore.
The government believes that these actions of Sbaraini were a pyramid scheme, which provoked a federal police investigation in 2024, after a previous warning by the Securities Commission in 2023.
Monumental Financial Hazards in the Crypto Promises of Sbaraini.
Sbaraini assured investors of high returns supported by spurious cryptocurrency arbitrage. However, the court also disclosed that the company was concealing certain grave dangers, and it was giving the perception of a safe working environment.
Court documents indicated unscrupulous fundraising, fraud, and mixing of company and owner assets.
The judicial system held the firms responsible in all judicial asset blocks despite the company’s pleas, regardless of the judicial asset block because of the illegal action.
The decision of the STJ supports an important legal principle, namely, civil responsibility that exists without criminal punishment. Therefore, civil liability cannot be excused by the absence of a criminal conviction.
It is only prudent that investors be careful of the platforms that offer quick and guaranteed returns, especially in the crypto markets, due to their dangers, as seen in this case.
Sbaraini’s Legal Arguments Dismissed by the Court
Sbaraini asserted that the initial decision contravened procedural civil law and did not make adequate efforts to determine the legality of judicial asset blocks and their accountability.
These arguments were rejected by the STJ, but these rejections confirm the comprehensive and open-minded reasoning of the lower court.
Such a legal conclusion makes a powerful statement on the risks of blind reliance on high-yielding investment platforms with little to no transparency.
The court upheld the lifting of the veils of incorporation in order to bring individual owners to bear and stressed accountability.
The Sbaraini belief and maintained appeal make a point that it is imperative to consider investor vigilance and regulation of the fintech and crypto industry.
