Hi, I got convinced by someone to invest in what I now think is a Crypto Ponzi Scheme Platform that said it could earn 10%+ a month in ROI. The person who convinced me didn't own the platform/company, they were simply a "Referral Marketer" that used that platform's "Referral Link" as apart of their Referral Program. The person would gain 5% of my daily profits from the Platform for referring me.
The platform has locked my money in there (which is allowed according to their T&C) + my profits have dwindled to 1% a month.
---
I want to sue the person who referred me to this platform, but they think otherwise:
Their Argument
- They don't own the platform and are simply "affiliate marketers" for it by using the referral link
- They left the country and live elsewhere (but promoted this platform to me in my country)
My Argument
- They didn't have a financial services license (but Bitcoin in my country is not considered a financial product)
- They didn't have a registered company
Does this mean I could sue the person who referred me too? Or Could I only sue the company behind the actual ponzi platform?
Please let me know if I can sue this person + the costs, process, etc. And if it's worth it at all. I've invested $40,000 and my money is stuck on this platform.
I just remember a quote from one of my business class teachers in college who was a lawyer.
"You can sue anyone for any reason, the real question is will you win".
Contact a lawyer in your country and ask them, if they don't want to take the case, you have your answer. Most law firms will take a case if they feel they can make money doing so.
I think the case of winning or not winning here will be based on evidences. Thus, the question of knowledge will come in. Knowledge about whether the suppose accused which would be the referral agent was aware of the ponzi and deceived you into believing and thereby getting you to investing and therefore losing out because of the selfish aim to get 5% in referral.
Another circumstantial evidence that will be adduced to the matter is at what time did the referral agent got to know about the ponzi.
Consequently, you can succeed if knowledge is proven, it will be referred therefore as a case of obtaining by false pretence or trick.