Judge Fabio Pando de Matos ordered the filing of a police investigation opened at the request of businesswoman Cristiana Arcangeli to investigate the alleged practice of embezzlement by businessman and former partner Álvaro Garnero. The two are in a legal battle over an investment in cryptocurrencies.
The magistrate’s order, dated January 14, was attached to the process this Thursday (27). Arcangeli claims to be a victim of a financial pyramid due to an investment of approximately US$ 300 thousand (R$ 1.6 million) in crypto assets, in which she involves her ex-partner.
In addition to this case, the businesswoman requested the opening of other investigations under the same allegations and also filed a lawsuit this month with the TJ-SP (São Paulo Court of Justice). In the crime news, she accuses Garnero of embezzlement, criminal organization and money laundering.
The businessman’s defense, in charge of lawyer Nelson Wilians, denies the allegations against the client. Arcangeli’s lawyers maintain that she was harmed by a criminal scheme that would have claimed hundreds of victims in São Paulo, Pernambuco and Paraíba.
Sought, Arcangeli’s defense did not comment on the filing until the publication of this text.
The inquiry request was filed with the TJ-SP in January 2019. In a January 2020 order, Judge Matos had already spoken out against the continuation of the case, arguing that there was “no indication of criminal character in the described conduct”, for lack, until that moment, of “proof of intent”.
“From what can be seen from reading the investigation, there is commercial disagreement after unsuccessful investment in cryptocurrencies”, said the magistrate at the time. The reason given by him, now, for the final filing would be the absence of evidence, according to people familiar with the process.
The column published on Monday (24) that Arcangeli not only invested but also negotiated a contract to enter the digital currency market, while still having a relationship with Garnero.
In the lawsuit filed at the TJ-SP, she claims to have been co-opted by Garnero to invest the US$ 300,000 — and to have had no return or refund. It also accuses the crypto asset company Hibridus Club, sought to manage the investment, of practicing an alleged financial pyramid scheme.
Text and audio messages reveal that Arcangeli negotiated the terms of his entry into the deal with Hibridus Club operator Hélio Caxias Ribeiro Filho. Part of the dialogue took place in a WhatsApp group titled “#Bitcoinlife”.
The businesswoman’s defense says it does not recognize the audios and excerpts of conversations, “which represent nothing more than clippings and transcripts in petitions whose authenticity has never been proven”.
Arcangeli stated, through lawyer Pedro Abrão, that the messages are out of order and out of context. He also said that he never signed any investment agreement or contract and that he asked for the money that had been entrusted to Garnero, his former partner, back.
JOELMIR TAVARES (interim), with LÍGIA MESQUITA, BIANKA VIEIRA e MANOELLA SMITH
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