Page 18 of 40 59. On or about October 22, 2021, FJ asked for an update on the Tokens, which had not yet hit FJ’s wallet. KJ responded by informing FJ that there was a delay in transferring the Tokens because of high demand. KJ then represented to FJ that the Tokens will transfer on Monday, October 25, 2021. 60. On October 25, 2021, FJ sent another text message to KJ to inquire about the status of the transfer of Tokens to FJ, and KJ responded to FJ that the Tokens would go “live on Digifinex at midnight.” That statement by KJ proved to be yet another false and misleading representation, because the Token did not go live on Digifinex at midnight. 61. On October 28, 2021, KJ, continuing to convey lulling messages to FJ, informed FJ that they were “still trying to figure it out.” 62. From late October 2021 to early December 2021, FJ made repeated attempts to contact KJ to obtain a status update on the Tokens. On December 8, 2021, KJ informed FJ that the Tokens would be released directly to KJ on February 26, 2022. 63. On January 3, 2022, FJ informed KJ that he wanted out of the investment and requested that KJ wire transfer FJ’s money back to FJ. 64. As of the date of this Complaint, and despite KJ having represented to FJ that FJ could sell or trade the Tokens without restriction, no money has been returned to FJ. Case 2:22-cv-10208-RHC-JJCG ECF No. 1, PageID.18 Filed 02/01/22 Page 18 of 40
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