Annex V: Pattern of Retirement-Age Harm by Nexo AG

Title: Pattern of Retirement-Age Harm by Nexo AG

Author: Joe L. White, Jr.

Date:  July 11, 2025

Reference: Conciliation Request – Nexo AG, Canton of Zug

I. Objective

This annex documents an escalating pattern of harm by Nexo AG (Zug) involving retirement-age investors who suffered liquidation or catastrophic account loss without proper disclosure, suitability assessment, or access to remedial data. While this annex is prepared for civil and public audiences, it reflects a body of legal risk and reputational exposure that requires further scrutiny by courts, funders, and potential regulators.

II. Known Retirement-Age Cases (Confirmed from Public/Metadata Research)

Note: All three events occurred within a four-year window and involved retirement-age users with limited digital finance experience.

III. Impact of Repeat Offenses

The recurrence of nearly identical harm across separate years and cantons shows this is not a one-off failure, but a pattern of structural exposure:

• Platform misrepresented margin products as custodial or safe;
• UX design hid or downplayed liquidation triggers;
• Aging clients were never assessed for suitability;
• When harm occurred, Nexo failed to deliver post-event records or remediation paths.

The result is a credible allegation of institutional negligence that escalates with each additional case.

IV. Legal Exposure Increases with Repetition

Swiss precedent and enforcement doctrine treat repeat violations as aggravating:

Current status: Three confirmed violations. It is reasonable to assume additional cases exist but remain sealed, settled, or undisclosed.

V. Strategic Relevance

This annex supports:

• Civil litigation claims based on pattern liability,
• Strategic funder memoranda arguing increased leverage,
• Requests for court-ordered data production across jurisdictions,
• Ethical assessments of Nexo’s SRO/supervisory standing (or lack thereof).

The data contained here should form part of any claim narrative seeking compensatory and moral damages for systemic misconduct.

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.