La demanda argumenta que la plataforma de Facebook tiene la responsabilidad de su papel en un esquema reciente de inversión en marihuana, JuicyFields.
Un tribunal de Luleå, Suecia, otorgó el derecho al abogado sueco Lars Olofsson a proceder con el caso de JuicyFields contra el CEO de Meta Platforms Inc., Mark Zuckerberg.
Según Olofsson, la rápida decisión de la corte, en solo 36 horas de presentación, ya es una “gran victoria” que “enviará un mensaje a los demás que tenemos en nuestro camino legal de que estamos avanzando, a todo vapor, con otros casos mientras tanto”.
Qué pasó entre JuicyFields y Mark Zuckerberg
La supuesta estafa piramidal garantizaba un 66% de rendimiento en tres meses, pero de repente congeló todos los retiros de efectivo y eliminó sus cuentas de las redes sociales.
El fraude, que afectó a cientos de miles de personas en todo el mundo, llamó la atención de Olofsson. El abogado ahora planea presentar una demanda colectiva contra varias plataformas de medios sociales y de noticias, lo que, según él, ayudó a impulsar el plan.
“Ahora estoy tomando acciones legales contra Facebook, Google GOOGL 0.55%
, CNN y YouTube, para empezar”, dijo Olofsson a Green Market Report en su momento. “Todos han permitido que JuicyFields se exponga en sus plataformas o revistas, y no solo en cuentas normales, sino también en anuncios pagados”.
Olofsson también planea apuntar a los gobiernos de Alemania, Holanda, Suiza y Chipre por “una gran falta de autoridad financiera, sin haber visto lo que estaba pasando”.
Había unas 125.000 cuentas de inversores en la plataforma en el momento en que colapsó, exponiendo la realidad del fraude. Olofsson representa a aproximadamente 800 demandantes, aunque dice que los USD 2 mil millones a USD 2,5 mil millones en esas 125,000 cuentas probablemente se hayan ido hace mucho tiempo. “Sé que se han escapado con el dinero”, dijo Olofsson.
Gigantes tecnológicos, ¿qué pasa con la diligencia debida?
Olofsson parece estar sentando un precedente al perseguir a los gigantes tecnológicos por su debida diligencia con respecto a las operaciones ilícitas realizadas por sus clientes, anunciantes y afiliados. Está persiguiendo a los gigantes bancarios y de los medios de comunicación, que también se beneficiaron de las operaciones ilegales de JucyFields y, en cierto modo, lo hicieron posible.
“Las grandes corporaciones no han hecho la debida diligencia de saber con quienes hacen negocios, los bancos incumplieron con las normativas de manera masiva, y las autoridades gubernamentales no vieron lo que estaba ocurriendo justo en frente de sus ojos”, dijo Olofsson.
“Por encima de eso, muchos individuos de alto perfil que apoyan la legalización del cannabis y han estado ‘limpiando’ la industria cannábica se encuentran en la nómina de JuicyFields y se les ha pagado honorarios por consultas más de lo habitual”.
Yendo tras Zuckerberg
El primer centro de datos de Meta fuera de los EEUU se estableció en 2011, en Luleå, justo dentro del círculo polar ártico, que cubre “alrededor de mil millones de usuarios de Facebook e Instagram, lo que incluye a la mayoría de mis clientes”, dijo Olofsson. “El argumento es que ese es el lugar donde se cometió el crimen. Es a través de estos servidores que mis clientes han estado expuestos al fraude de JuicyFields”.
“El marketing principal se realizó a través de las redes sociales, donde se comunicaron con posibles inversores y crearon grupos en los que podían interactuar entre ellos y crear un sentido de comunidad y también recomendar a otros a unirse y hacer una inversión”, dice la demanda.
Olofsson argumenta que Zuckerberg fue muy negligente como CEO de Meta, al no supervisar quién estaba usando las plataformas de la empresa. Además, afirma que su comportamiento negligente fue una violación de los propios términos de servicio de la empresa, lo que se considera un delito según los códigos penales de fraude de Suecia. La violación de dichos estatutos conlleva una sentencia preceptiva de dos a seis años.
También señaló que las demandas posteriores se presentarán tanto en Suecia como a nivel internacional. El abogado reveló anteriormente que, aunque la investigación es desafiante, por decir lo menos, ya ha identificado con éxito a 70 personas, 60 bancos y 40 empresas asociadas con las operaciones y la publicidad de JucyFields.
“Tengo toneladas de información de muchas empresas, individuos y autoridades gubernamentales que han incumplido con sus responsabilidades o le han facilitado a JuicyFields poder vender, hacer marketing y sostener la estafa por más de dos años. Esto incluye numerosos bancos”, dijo Olofsson.
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