Fraud with NDA: Review of a dubious NDA agreement (violated by Binance)This is a review of the suspicious NDA agreement (violated by Binance), this document was provided by lawyer Anatoly Rybachok (Yuskutum Consulting LLC, Yuskutum LLC Kiev, Ukraine) for signing to the conflicting party conflict for compensation for the conflict with the faulty operation of BULL / BEAR tokens from the FTX company. This, unfortunately, was not fulfilled by the Binance cryptocurrency exchange, and it doesn’t notice at all when communicating with the Binance Support Center.
I would like to point out a number of points related to this review of NDA, which suggest that the Binance cryptocurrency exchange is moving in the wrong direction in working with its customers and forgets about their rights, insolently engaging in scam and forgery even in legal matters. A full review of the conflict is available at Scam with an agreement signed by the NDA: Violated by Binance lawyers and the Binance Exchange itself (no money transferred) - where, in general, I already express all my points of view on the conflict and the situation in general.
I hid my personal data in the NDA Agreement (I left only my Name – Ramil, and the country – Russia), the personal data of other parties are public, and the Binance exchange did not even indicate its data (company, registration number, jurisdiction) for the Agreement. I’m not even surprised after all the events on this supposedly number 1 exchange in the world.
Before signing the NDA Agreement, lawyer Anatoly Rybachko sent me a link to the Agreement itself and an interesting text (accompanying note):
We need to be sure of the authenticity of your data. Therefore, together with signing and sending the NDA, you need to send me a telegram scan or photo of those documents whose details you indicated in the NDA header (passports, ID cards, etc.)
You don’t need to worry about the safety of your data – we specifically provided for Binance's liability in the event of their disclosure, and it is exactly the same as for the disclosure of confidential information by you.
Both sides of the NDA – both you and the exchange are under the same conditions. We are very careful about the protection of personal data and understand their importance to everyone.
So you don’t need to worry, your data will be safe. After we receive a copy of the contract filled out from you and your documents, verify the correctness of their completion, we will immediately transfer to the financial department information about the transfer of the compensation.
What can be added to the accompanying note? They are happy to ask for the data of the trader, no one has provided their data and especially their documents. It's nice that the Binance exchange takes care of personal data (the site has an article about KYC Binance user data leak and VIP account scam – the level of care is like all Binance services), but the data is not transferred to the exchange, but to Ukrainian lawyers who will take care of them or not – everyone understands the historical question and the answer is they will not. Yes, it was nice to fill out the Agreement, which no one has fulfilled, but now they don’t notice it at all.
So, let's begin with the review of the suspicious moments of the NDA Agreement:
- Informationon Anatoly Rybachok, LLC Yuskutum Consulting, LLC Yuskutum (Kiev,Ukraine)
- It is amazing how the Binance international exchange (supposedly number 1 in the world) for a resolution of a conflict with traders in the context of lawlessness with financial BULL/BEAR tokens (blunt financial and exchange scam) hires Ukrainian lawyers. The international exchange where traders from all over the world were deceived – Spain, Turkey, Russia, Ukraine, Israel, Romania, and China hires Ukrainian (Kiev lawyers) to solve the problems. That’s a country that does not crawl out of international scandals, apparently only there were guys who did not care about their reputation for signing such "Agreements".
- The details of first Party are written extremely "greedily", LLC Yuskutum Consulting is excellent, but where are the registration numbers for this organization?
- Anatoly Rybachok – on what basis does Anatoly have the right to sign this "document", does he even have the right to sign such documents, on the basis of the Charter, on the basis of a Power of Attorney? Maybe he is the owner or director of Yuskutum Consulting LLC, there is no information, or rather there is information that he is not the owner and director with the right to sign. Where is the personal data of Anatoly (series and number of the passport, date of issuance, registration address).
- "In the interests of the Binance cryptocurrency exchange" – why is the company, registration number, jurisdiction where the company is registered not indicated? "Binance Cryptocurrency Exchange" is not the legal name of the company, especially for a legal document. Why is this Binance exchange hiding its registration data in such a way, not to mention the registration address, legal address, and actual address?
- On what basis does Yuskutum Consulting LLC represent the interests of the Binance cryptocurrency exchange – the number of the agreement, the existence of this agreement itself, other grounds, there is also no data which is unacceptable for a legal document, moreover, where financial issues are processed.
- I would like to mention that neither Binance, nor Anatoly Rybachok, nor Yuskutum-Consulting LLC have provided any documents proving their rights or at least attesting to the relation to the indicated companies and people. Also, the identity of the lawyer Anatoly Rybachko and his rights regarding the signature on this Agreement, or the right to sign on behalf of Yuskutum Consulting LLC, was not verified and attested.
- Please pay attention that neither Binance, nor Anatoly Rybachok, nor Yuskutum Consulting LLC have submitted any documents, but the second Party, there is a signatory to this NDA Agreement (a trader who was tricked by depriving him of his money) is obliged not only to provide all his data (Surname, Patronymic, Name, number and series of the passport, date of birth, registration), but is also required by clause 4.7 to provide scans of documents for verification not only to the Binance Exchange, but also to lawyers of Yuskutum Consulting LLC (Kiev, Ukraine).
- Please note, the NDA Agreement is signed remotely, in electronic format, without the seal of Yuskutum Consulting LLC, and with a simple signature of Anatoly Rybachko.
- In clause 3.2. there are references to the bank details of the Party that violates the contract and its obligations to pay a “tenfold reimbursement” for these details in the 5-day period, the details of the Parties are not specified in the NDA Agreement itself, including the bank details of the Parties, I would like to see the bank details of the number 1cryptocurrency exchange Binance.
Interesting NDA Agreement Points:
Clause 1.1: Under this Agreement, the Parties trust each other confidential information, which is necessary for them to fulfill their duties, and undertake to store the confidential information provided and use it exclusively in the manner provided for by this Agreement.
- As we found out previously, the first Party (Anatoly Rybachok, LLC Yuskutum Consulting) did not provide absolutely any confidential data (information), even the documents necessary to confirm the rights under the Agreement were not provided.
Clause 1.2.2: Data constituting Confidential Information (including, but not limited to): The existence of this Agreement, its terms and conditions;
- The fact of the existence of this Agreement is already confidential information, which Gleb Kostarev violated by his comment in the Forklog.com magazine, apparently, the implementation of its points and composition is faulty just like the Agreement.
3.1.2. Pay the Party a penalty ten times the amount of compensation in accordance with paragraph 1.2.2 of this Agreement.
3.2. The violating Party shall carry out those specified in clause 3.1. The Agreement of Action in aggregate, transferring the amount of funds payable for each item to the Bank account of the Party within 5 days from the moment the other Party reveals such disclosure and sends a corresponding notice with the size of the payments.
- Failure to comply with the NDA Agreement is completely equated with a violation, and is absolutely not against reimbursement of ten times the amount due. It is not for the account in the secret Binance exchange, but to the bank account.
4.1 This Agreement is considered concluded from the date of its signing, and is valid until its termination or expiration.
4.2. This Agreement is not subject to unilateral termination.
- From the moment of signing the NDA, it is considered concluded. It cannot be unilaterally canceled or not executed. But as practice has shown, the Agreement of Ukrainian "lawyers", it is quite possible not to notice the underground Binance exchange and not execute it as a result, as if this Agreement did not exist.
4.4. This Agreement, the rights and obligations of the parties to the Agreement are governed by and construed in accordance with the laws of Singapore, without regard to conflict of laws rules. (And clause 4.5).
- Ukrainian lawyers create the NDA Agreement (or download it from the Internet and complete it), no one has even registered the banal details of the parties, but traders should contest the Agreement not in Kiev, but in Singapore. A wonderful turn of events, everything as the No. 1 Binance Exchange likes.
4.6. The second Party undertakes and agrees not to file class and/or individual claims, and not to put to risk the first Party in relation to transactions and trading in FTX tokens until the date of conclusion of this Agreement.
- For point, in principle, the NDA was invented. In order to return part of his own money to the deceived trader and to oblige him to keep his mouth shut in public, in media, and in court. They returned to you 30-80% of what was stolen from you, say thank you and do not try anything funny. If you do try something, we’ll be happy to hear from you in ... Singapore.
In your opinion, the NDA Agreement presented below is the creation of the Exchange No. 1 in the world, or another legal forgery that is used to shut up people deceived on the Binance exchange through the incorrect operation of FTX BULL / BEAR tokens?
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