Title: Claimant’s Intent and Legal Purpose of Public Disclosure under Swiss Procedural Law
Author: Joe L. White, Jr.
Date: July 01, 2025
Reference: Conciliation Request – Nexo AG, Canton of Zug
Purpose
To clearly state my purpose in filing this conciliation request and releasing these annexes: not to defame, but to seek lawful resolution, enforce rights under the Swiss Code of Obligations and the Federal Act on Data Protection, and uphold transparency within a system that has, to date, failed to ensure accountability.
Factual Background
After the devastating liquidation of my Nexo account that contained my lifetime of earnings delegated to be passed as generational wealth, I first sought US based legal counsel only to have them stonewalled for a year trying to get basic discovery and account details from Nexo. I then initiated extensive independent research using legal databases and public Swiss regulatory frameworks to identify appropriate channels under the Swiss Code of Civil Procedure (ZPO), the Financial Services Act (FinSA), and the Federal Act on Data Protection (FADP). My requests for account data were ignored. My Swiss legal counsel has faced repeated delays.
Formal inquiries to FINMA and other Swiss oversight authorities resulted in disclaimers of jurisdiction, reinforcing the regulatory ambiguity that platforms like Nexo exploit to avoid accountability.
These actions were not isolated events. They reflect a broader pattern in which platforms like Nexo are permitted to operate in Switzerland while shielding themselves from actual Swiss regulation via Cayman structures and vague or misleading user disclosures. I believe that pattern deserves scrutiny, especially when lives are upended.
Claimant Perspective
This filing is not about anger. It is about restoring balance. It is about exercising the only procedural tools available to an ordinary investor who has been harmed, misled, and systemically ignored.
Should any party assert that the public release of these annexes is inappropriate or prejudicial, let this document stand as evidence of my original intent: to settle privately, to act lawfully, and to give the system every opportunity to do its job before taking any public step.
Supporting Position
This approach respects both the procedural intent and the protective function of ZPO Articles 202–204, which encourage informal, good-faith resolution of disputes without suppressing relevant evidence or barring parallel public discourse.
Conciliation is designed to avoid conflict and this public annex framework does not create conflict, it surfaces truths already documented that would otherwise be buried by procedural delay.
This document is not a provocation or escalation. It is a procedural checkpoint rooted in lawful transparency, submitted after prolonged obstruction and before the initiation of formal litigation, consistent with both Swiss conciliation principles and the claimant’s duty to mitigate loss.
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.