虚拟货币市场低迷寒潮中,仍有投资者惨遭割韭菜,金额高达亿元。
During the chilling tide of the virtual currency market, investors continue to suffer from the cutting of vegetables amounting to hundreds of millions of yuan.
9月5日下午五六点左右,比特币等的交易价格暴跌,OKEx交易平台突然出现A闪退、无法登录等问题,令做多的合约投资者损失惨重。有投资者称,在这次爆仓中,损失了2万个以太坊,折合人民币近3500万元。“我们认为是系统宕机,是平台故意导致的,平台在割韭菜。”
On 5 September, at about 56 p.m., the prices of transactions such as Bitcoin plunged, and there were sudden A flashbacks and inaccessibility of the OKEx trading platform, which cost a lot of contract investors. Some investors claimed that 20,000 Ethers had been lost in the explosion, amounting to close to 35 million yuan. “We think it was the system that was deliberately caused by the platform, and the platform was cutting vegetables.”
9月7日,投资者无法找到注册地、办公室位于境外的OKEx,找到了OKcoin北京,却得到回应称:“OKEx与OKcoin并无关联。”
On 7 September, investors were unable to find the place of registration and the office of OKEx, located outside the country, and found OKcoin Beijing, but were responded that “OKEx has nothing to do with OKcoin”.
9月10日,一众投资者在上海找到了OKcoin创始人徐明星。
On 10 September, a group of investors found the founder of OKcoin, Star Seo, in Shanghai.
OKcoin由徐明星于2013年成立,迅速成为全球最大的数字资产交易平台。2017年9月4日,中国央行等七部委联合发布《关于防范代币发行融资风险的公告》,严厉取缔ICO(虚拟代币发行)并关闭虚拟货币交易所之后,OKCoin的用户账号、数字资产被转移到境外交易平台OKEx。在OKEx平台上,投资者可以通过类似期货的合约交易方式做多或做空比特币、EOS(柚子币)、莱特币等数字货币。
On September 4, 2017, the Central Bank of China and seven other ministries issued a joint bulletin on preventing the risk of financing the issuance of tokens, severely banning the ICO (virtual currency issuance) and closing the virtual currency exchange, which resulted in the transfer of OKcoin's user account, digital assets to offshore trading platform OKEx. On the OKEx platform, investors can do more or do more or more empty bitcoin, EOS (fruit) and Lettco currency, among other digital currencies.
投资者找到徐明星后向上海警方报案,据记者获得的受案通知书显示,报案原因是9月5日OKEx平台爆仓造成其数十万元损失。随后徐明星被上海警方带至派出所协助调查。但OK集团方面告诉记者,徐明星当晚是因为被围堵威胁个人安全主动报案。
After finding Xu Star, the investors reported the incident to the Shanghai Police, and according to a reporter’s note, the incident was due to the loss of hundreds of thousands of dollars from the OKEx platform’s explosion on September 5. Xu Star was then taken by Shanghai Police to the police station to assist in the investigation.
9月12日,投资者告诉《中国经营报》记者,上海警方让投资者填写了报案资料,同时表示此前北京警方已经以非法互联网金融诈骗罪立案,后续将把报案资料转交给北京,让投资者去北京一起立案。
On 12 September, investors told the China Business reporter that the Shanghai police had asked investors to fill out the reported information, stating that the Beijing police had previously opened a case for illegal Internet financial fraud, and that the information would then be forwarded to Beijing, where investors would file a case.
恶意爆仓还是交易量过载系统崩溃?
Malicious Explosion or Trade overloading?
根据投资者向记者出示的9月5日爆仓问题反馈OKEx客服回复为:“由于市场段时间出现剧烈波动,大量用户瞬间涌入进行交易,OKEx合约出现卡机及登陆缓慢的情况。经技术人员抢修,目前已恢复正常。”相似的情形在今年3月30日与5月23日也曾出现,OKEx平台许多用户多次在系统无法操作的情况下被爆仓。“群里有大户被爆仓的金额在1亿元以上。”投资者对记者说。
A similar situation occurred on 30 March and 23 May this year, when many of the users of the OKEx platform were blown up several times when the system was unable to operate.
为何众多投资者认为是被恶意“收割了韭菜”,而非系统原因导致的“宕机”?
Why do many investors think that they are being “cutted off” by bad intentions, rather than by systemic reasons?
“如果交易量过载服务器崩溃,多空双方都无法下单,而这次是多方无法操作。”一位投资者对记者这样说道。
“If the over-trading server collapses, both sides will not be able to place orders, and this time they will be unable to operate.” One investor said to the journalist.
多位投资者告诉记者,他们做的多单出现操作不了的问题。
A number of investors told journalists that many of the things they did were unwieldy.
一位开了多单的投资者告诉记者,当时他加的20倍杠杆,也就是用7000个eos在OK上开了一个14万多个eos的多单,开仓价是5.988美元,强平价格在5.707美元。在事件发生之前,他因为等朋友无聊刚好在看行情,当时眼看着OKEx上的价格突然大跌,他的第一反应是要平仓确保收益,但这个时候他的合约已经进不去了,点开持仓也看不到自己的持仓状况。只能打开其他交易所的A来关注价格。然后不停地尝试去打开OKEx的A,甚至重启手机,但都是徒劳。
An investor with multiple orders told the reporter that he was using 20 times the leverage that he had at the time, with 7,000 eos, to open up more than 140,000 eos on OK, with a price of $5,988 and a flat price of $5,707. Prior to the incident, he was looking at a friend who was bored just as he looked at the price on OKEx, and his first reaction was to level out the money, but at that time his contract was not going in, and he couldn't see his own holdings. Only the A on other exchanges was open to pay attention to the price. And then he kept trying to turn on OKEx's A, or even reboot his cell phone, but it was futile.
与上述投资者情况相似的还有多名用户。
Similar to the above-mentioned investors, there are also a number of users.
“这次爆仓,一开始是OK发了公告说晚上8点需要升级合约交易,到时候合约交易无法使用,但是在下午5点半左右,OK合约交易服务器开始断开,同时币价飞速下跌,我们开合约做多的,无法撤单,无法平仓,无法增加保证金。在我们合约被爆了以后我们联系OK客服,客服只是公式化地不断回应会给解决方案,正在核实。”“我因为每三分钟盯一次盘,所以第一时间就发现快速下跌,我刚准备止损,就闪退了。然后再进去,也无法操作,一直闪退,看不到合约账户的信息。重要的是,我发现卡顿的时候,还没开始暴跌。我感觉是平台故意的。”
“This explosion began with an announcement that the contract deal needed to be upgraded at 8 p.m. and that the contract deal could not be used at that time, but at about 5:30 p.m., the OK contract trading server started to break down, and the price fell so fast that we opened more contracts, could not withdraw them, could not level them, and could not increase the bond. After the contract was blown up, we contacted the OK passenger service, which was merely a formulaic response to the solution, and was being verified.” “I noticed a rapid drop every three minutes, and I was just prepared to stop the loss and retreat. And then I went in, and I couldn't operate, and I couldn't see the information on the contract account. What's important is that when I found Carton, it didn't start crashing.
一位技术员告诉记者:“像币圈交易所属于存量市场,OKEx这样的平台熊市每天日活不到1万户,高峰期并发也就几千户,如果像OK官方说的那样有大量用户和高并发可能性极低。”
A technician told journalists that “the currency exchange is a stock market, and platform bears like OKEx do not survive 10,000 households a day, with peak periods and thousands of households, if there are a large number of users and high co-development possibilities, as officially stated by OKEx”.
此次在上海围堵OKcoin创始人的一名投资者李美(化名)此前告诉记者,这次9月5日爆仓亏损在几百上千万元的不在少数,甚至过亿元。“基本都爆了。”
One of the investors who blocked the founder of OKcoin in Shanghai told reporters earlier that this September 5 silo had lost tens of millions of dollars in the few, if not hundreds of millions of dollars.
OK集团与OKEx关系疑云
the association of
为何OKEx的投资者要去上海找OKcoin的创始人徐明星?
Why are the investors of OKEx going to Shanghai to find the founder of OKcoin, Star Seo?
多名投资者对记者表示,OKEx与OKcoin有千丝万缕的联系。
A number of investors indicated to journalists that OKEx was inextricably linked to OKcoin.
“第一点,OK集团、OKcoin一直在帮OKEx做宣传。第二点,之前用户在OKcoin的账号,可以直接登录OKEx。也就是说OKcoin与OKEx后台数据、账号密码都是完全一致的。OKcoin在去年9月4日关闭国内数字资产交易平台后,将现有的所有用户全部导入了OKEx。第三点,OKcoin与OKEx不仅高管有一定重合,很多员工也是重合的。”
"First, OK Group, OKcoin has been promoting OKEx. Second, the previous user's account number at OKcoin can directly log into OKEx. That means that OKcoin and OKEx backstage data and account number passwords are exactly the same. After closing the domestic digital asset trading platform on September 4, last year, OKcoin imported all existing users into OKEx. Third, OKcoin and OKEx have a certain overlap not only with the executive but also with many employees."
记者调查发现,OK官网与OKEx官网披露团队介绍的信息显示,两家公司显示的第一位核心成员都是名为Tim Byun。经对比照片发现,OKEx公司CRO Tim Byun与OK集团团队成员系为同一人。
A journalist survey found that the information presented by the OK-Net and the OK-Ex-Net disclosure team showed that both companies showed the first core member named Tim Byun. A comparison of the photos shows that the OK-Ex company CRO Tim Byun was the same person as the members of the OK-Group team.
值得注意的是,刘钜江(Jason)也同时出现在OK集团与OKEx团队介绍中,并且担任OKEx的业务发展副总裁。其OKEx官网的成员介绍里这样描述道:“刘钜江先生领导OKEx及OKCoin的业务发展部门。”OK集团方面对记者提出的为何OK集团与OKEx高层人员交叉的疑问,截至发稿尚未作出回应。
It is worth noting that Jason is also present at the OK Group and the OKEx Team, and is Vice-President for Business Development, OKEx. The members of his network, OKEx, describe as follows: “Mr. Liu led the OKEx and OKCoin business development departments.” The question raised by the OK Group about why the OK Group intersects with the OKEx top staff has not yet been answered to the release.
2014年8月18日,OKCoin发布消息,称旗下的比特币、数字货币“合约交易”平台OKEX上线,在“合约交易”币种上,包含比特币、莱特币、以太币。同时在OKcoin站内发布推文显示:旗下交易平台OKEX隆重上线,比特币、莱特币、以太币交易合约交易请到OKEx上来。
On August 18, 2014, OKCoin released a message stating that Bitcoin under the flag, the digital currency “contracting transaction” platform, OKEX, which includes Bitcoin, Leitecoin, and Ether in the currency of the “contracting transaction.” Meanwhile, a tweet was released at the Okcoin station indicating that the trading platform under the flag, OKEX, is on the line, and that Bitcoin, Lightcoin, and Ethie are on the line.
投资者向记者提供的视频截图《品牌策略书(2018.9.1-2018.12.31)》显示,OK集团旗下有OKCoin、OK Blockchain Capital、OK区块链工程院、OKEx等多个子品牌。
A video screen provided by investors to journalists, The Brands Strategy Book (2018.9.1-2018.12.31), shows that the OK Group has multiple sub-brands such as OKCoin, OK Blockchain Capital, OK Block Chain Engineering College, and OKEx.
记者获得的受案通知书上显示报警时间为9月10日下午5点多。报警内容中写道:“报警人通过网络广告看到OK集团,软件叫OKEx,客户购买的产品是比特币期货合约,在上海市浦东新区世纪大道1600号2715室有一家OK集团上海分公司,法人代表一致,都是徐明星,当时OK集团发出的一份广告,广告内容是:玩合约,抽特斯拉汽车。”
The reporter received a notice indicating that the alarm time was more than 5 p.m. on September 10th. In the report, it was written: “The alarmer saw the OK Group via an online advertisement, the software called OKEx, and the client purchased the product of the Bitcoin Futures Contract, a company of the OK Group Shanghai Branch at 1600 East New Territories Avenue in Shanghai, with a corporate representative, all of whom were Xu Stars, at the time an advertisement was issued by the OK Group for the contract, which included the drawing of the Tesla car.”
但当记者向OK集团询问爆仓事件及徐明星被带走一事时,OK集团方面表示对于OKEx不清楚,OK集团与OKEx没有关联。“我们是OK集团,不是OKEx,没有关联。OKEx在海外,好像有香港办公室。”徐明星被警方带走协助调查一事,OK集团官方不作回应。随后向记者贴出一张9月11日徐明星朋友圈的截图,内容为:“不信谣,不传谣,共创美好区块链舆论环境。”
But when journalists questioned the OK Group about the bombing of the warehouse and the removal of Xu Star, the OK Group indicated that it was not clear to the group that it was OKEx, and that it had no connection to OKEx. “We are OK Group, not OKEx, no connection.
在上海潍坊新村派出所已经提交了报案资料的投资者吴路(化名)告诉记者,警方要求他们填写好报案资料,由上海转交到北京,让他们这些投资者一起去北京朝阳立案。
An investor, Wu Lu (aliased) who had submitted a report of the incident at the police station in Shinjura, Shanghai, told journalists that the police had asked them to fill out the report, and that it had been transferred from Shanghai to Beijing, where they would go to Beijing to open the case.
非法期货还是金融诈骗?
Illegal futures or financial fraud?
有律师表示,OKEx平台上的合约交易涉及了杠杆交易、周月季度交割、保证金、强制平仓等规则,其实就是一种变相的期货交易。
Counsel states that contractual transactions on the OKEx platform involve rules such as leverage transactions, weekly quarterly deliveries, bonds, mandatory silos, etc., which is a disguised futures transaction.
在OKEx的英文页面介绍中,也始终使用futures一词来指代“合约交易”的业务,futures在金融交易的使用语境中,对应的中文翻译就是期货。
In the introduction to the OKEx English page, the term Futures is also always used to refer to the business of “contractual transactions”, and in the context of the use of financial transactions, the corresponding Chinese translation is futures.
今年8月24日,银保监会、公安部等五部委发布《关于防范以“虚拟货币”“区块链”名义进行非法集资的风险提示》,指出“一些不法分子通过租用境外服务器搭建网站,实质面向境内居民开展活动,并远程控制实施违法活动”。 而2018年7月2日,OKEx宣布由中美洲国家伯利兹迁册到马耳他,并在马国成立办公室及延揽人才。OKEx的注册名称由OKEx Technology Company Limited变更为ACX Malta Technology Company Limited。
On 24 August of this year, five ministries, the Silver Insurance Supervisory Board and the Ministry of Public Security, issued a risk alert on the prevention of illegal fund-raising in the name of the “virtual currency” “block chain”, stating that “some outlaws, by renting an offshore server, have set up websites that are substantially targeted at the residents of the country and remotely controlled the commission of illegal activities.” On 2 July 2018, OKEx announced that Belize, a Central American country, would move to Malta and set up offices and outreach personnel in the country. The name of OKEx was changed from OKEx Technology Company Limited to ACX Malta Technology Limited.
而记者从多名投资者处了解到,在OKEx平台注册需要通过身份证、视频、银行卡认证。OKEx平台明知用户为国内投资者,却仍面向境内居民开展活动。
Journalists learn from multiple investors that registration on the OKEx platform requires identification, video, and bank card certification.
北京金诚同达律师事务所张烽此前告诉记者,2017年央行等七部委发布通知叫停ICO融资,至2018年4月23日,中国银保监会称所有ICO平台和比特币交易已经安全退出中国市场。因此从这个意义上来说,平台属于海外运营的企业,从法律意义上来说我国对他们的监管与对其他海外企业的政策是一样的。
Beijing’s Kim-chung and Zhang of Da’s law firm had previously told journalists that in 2017, seven ministries, including the Central Bank, had issued circulars calling for the suspension of ICO financing. By April 23, 2018, the China Silver Insurance Supervisory Board had stated that all ICO and Bitcoin transactions had been safely withdrawn from the Chinese market.
根据我国《期货交易管理条例》,目前国内合法期货交易场所分别为上海期货交易所、大连商品交易所、郑州商品交易所和中国金融期货交易所。OKEx并不属于合法成立的期货交易所。
According to our Futures Trading Regulations, the current legal futures trading premises in the country are the Shanghai Futures Exchange, the Dalian Commodity Exchange, the Chengzhou Commodity Exchange and the China Financial Futures Exchange.
根据中国证券监督管理委员会于2018年12月29日披露的一封《监管信息告知书》(证监会信息公开[2017]851号)中显示,中国证监会未批准任何交易场所开展比特币等虚拟货币期货交易,北京乐酷达网络科技有限公司(OKCoin)和北京欧凯联创网络科技有限公司(OKCoin母公司)不具有中国证监会核准的期货业务相关资格。
According to a regulatory information circular (CVM Information Disclosure No. [2017] 851), disclosed by the Securities Regulatory Commission of China on 29 December 2018, the CSRC has not authorized any trading place to conduct futures transactions in virtual currency, such as Bitcoin, and the Beijing Lekouta Network Science and Technology Ltd. (OKCoin) and the Beijing Okey United Network Science and Technology Ltd. (OKCoin parent company) are not qualified for futures operations approved by the CVC.
但今年3月22日,OKEx官方曾在对媒体的回复声明中表示,OKEx法律团队认为平台的比特币虚拟合约业务不属于传统期货,交易过程没有法币,属于币币兑换,不符合传统期货定义,用户和OKEx公司之间也没有资金往来。
However, on 22 March this year, in a media response statement, the official OKEx stated that the legal team of the OKEx considered that the platform's virtual contract operations were not traditional futures, that there was no French currency in the course of the transaction, that there was no currency exchange, that there was no traditional futures definition, and that there was no exchange of funds between the user and the company of OKEx.
吴路对记者说:“对于用户与OKEx公司之间没有资金往来这一点,OKEx搭建了一个C2C(个人对个人)模式的交易平台,以自身信用为背书,让用户在平台上轻易地使用支付宝、微信、银行卡等进行法币和数字货币之间的交易。此外用户在OKEx平台上购买或者卖出合约,OKEx向用户收取相应交易费。”
U Lu said to reporters: “With regard to the fact that there are no financial transactions between the user and OKEx, OKEx has set up a C2C (individual-to-person) model trading platform, backed by its own credit, which allows users to easily use payment treasures, micro-mails, bank cards, etc. for transactions between French and digital currencies. In addition, the user buys or sells contracts on the OKEx platform, and the user receives a corresponding transaction fee.”
记者查询OKEx发现,其平台上杠杆交易倍数最低为10倍,最高为20倍。据用户介绍:“币圈就是这样,其他平台还有100多倍的。”
Reporters look at OKEx and find that it has a minimum of 10 times as many times as leverage transactions on its platform, and a maximum of 20 times as many. According to users, "This is the currency circle, and there are more than 100 times as many other platforms."
币策首席分析师肖磊对记者说,这类期货投资者需要承受三大风险,第一个是价格风险,第二个是系统风险,第三个是无任何法律保障的风险。
The chief analyst of currency policy, Shao Xiao, told journalists that such futures investors were exposed to three main risks, the first price risk, the second systemic risk and the third risk without any legal safeguards.
“在这样的数字货币交易所交易有以下风险:1.注册地在境外,存在交易平台违规的风险。2.不受国内监管。3.资金安全性的风险。4.交易品种流动性风险。5.交易环境设置风险,包括行情、交易系统设置、交易记录等均存在是否真实的风险。”一位国内资深期货分析师对记者如是说。
“In such a digital currency exchange transactions there is a risk that: 1. There is a risk of breach of the trading platform if the place of registration is outside the country. 2. There is no domestic regulation. 3. The risk of financial security. 4. The risk of fluidity of the trading variety. 5. There is a risk that the trading environment will set the risk, including the existence of a situation, the set-up of the trading system, the recording of the transaction, etc..” A senior futures analyst in the country said to journalists.
投资者群里大家的意见不一,有人希望通过法律手段获得赔偿、有人希望私了。
Views varied within the investor community, and there were those who wished to obtain compensation by legal means and those who wished to be private.
“重点告他(徐明星)非法期货、金融诈骗,别老提断网(系统宕机),因为那个事情是扯不清楚的,最多十个经济纠纷,(而)非法期货、金融诈骗就不一样了。”
“The focus is on illegal futures, financial fraud, and not on old-fashioned blackouts, because that is unclear, with no more than 10 economic disputes, and not on illegal futures, financial fraud.”
同时,群里有投资者告诉所有人:“想要赔偿,你可以走两条路。一条是等被立案、调查、清算。这个过程会很漫长,而且如果他转移资产,你不一定能得到赔付。另一条是跟我们一样,去现场,想办法跟徐私了。去现场的人都是为了要钱去的,我希望你们明白。”
At the same time, investors in the group told everyone: "If you want to pay, you can go two ways. One is waiting for a case to be opened, an investigation to be settled. This process will be long, and if he transfers assets, you won't have to get paid. The other is, like us, to go to the scene and find a way with Xu. The people who went to the scene were there to ask for money, and I hope you understand."
责任编辑:唐婧
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