Annex 1: Draft Civil Conciliation Filing Summary

Title: Draft Filing Summary: Civil Conciliation Request Against Nexo AG

Author: Joe L. White, Jr.

Date:  July 01, 2025

Reference: Conciliation Request – Nexo AG, Canton of Zug

Purpose

This annex summarizes the key content and legal posture of a pending civil conciliation request prepared for submission to the Conciliation Authority in Zug, Switzerland. The filing seeks enforcement of data access rights under Swiss data protection and commercial law.

Case Overview

  • Claimant: Private investor (retirement age), acting pro se with legal consultation
  • Respondent: Nexo AG, Grafenaustrasse 15, Zug, CHE-338.233.664
  • Jurisdiction: Civil Conciliation Authority, Canton Zug
  • Cause of Action: Violation of Articles 25, 16, 17, and 19 of the Federal Act on Data Protection (FADP), and Article 958f of the Swiss Code of Obligations (OR)
  • Relief Sought:
    • Full production of account, AML, and transaction data
    • Disclosure of data retention/destruction status
    • Legal fees and costs assigned to Respondent

Factual Basis

The claimant wired USD 1,000,000 to Nexo AG’s designated Swiss account in 2021. Despite written confirmation from Nexo’s Head of Payments, the company has failed to provide complete transactional records. Repeated legal requests under FADP have been met with deflection, conflicting statements, and silence. The claimant has been left without documentation for a substantial liquidation event, despite demonstrable harm and loss.

Public Interest Factors

  • This is believed to be one of multiple materially similar cases involving unresolved data access from Nexo AG.
  • The claimant is retirement-age, financially harmed, and health-affected by delay.
  • Nexo AG’s use of jurisdictional and technical complexity to suppress records may reflect systemic risk to Swiss financial integrity.
  • This filing is intended to encourage responsible resolution before further escalation.

Counsel Note

The case is supported by a Tier 1 Swiss law firm with experience in crypto-asset litigation and cross-border financial compliance. Full counsel details available on request and will be included in the official filing.

Disclosure Note

This annex is a summary prepared by the claimant and does not constitute an official court document. It contains no statements from the conciliation hearing or confidential third-party data and complies with Art. 205 ZPO, ZGB Art. 28 ff, and Swiss privacy law.

Statement of Intent

This annex is submitted in support of a good-faith civil conciliation request under ZPO Art. 202–204. The claimant asserts that the conduct described herein warrants regulatory attention and damages due to misrepresentation and unsupervised financial intermediation. No proprietary platform information is disclosed, and all references are based on claimant usage, public materials, and industry guidelines.

Disclaimer

This document is submitted in good faith, based solely on the claimant’s personal experience and publicly available facts. No confidential or privileged information has been disclosed. All statements reflect the claimant’s beliefs or recollections unless otherwise indicated. Names of third parties are anonymized or redacted where not publicly implicated. The purpose of this release is transparency, accountability, and resolution not defamation or harm.

Legal Context Note

This annex was authored solely by the claimant as part of a lawful civil conciliation filing under Articles 202–204 of the Swiss Civil Procedure Code (ZPO). It does not contain any confidential statements made during the conciliation hearing, nor does it disclose settlement terms or other protected materials governed by ZPO Art. 205.

The annex is based exclusively on:

  • Personal experience,
  • Publicly available information, or
  • Facts the claimant is legally entitled to share.

Its purpose is to document the legal and factual basis for the claimant’s grievance, promote transparency, and serve the public interest where legal oversight may be insufficient.

The annex adheres to Swiss privacy and defamation standards under ZGB Art. 28, the Data Protection Act (DSG), and applicable banking/professional secrecy provisions (BankG, StGB Art. 321).

It is not an official court document, and no information disclosed herein was obtained through the hearing process.