Court Denies Dismissal: $440M Crypto Ponzi Case Against TradeAI/Stakx Moves Forward
NEW YORK, March 24, 2026 – A major lawsuit targeting an alleged $440 million cryptocurrency Ponzi scheme will proceed after a U.S. judge denied a motion to dismiss the case. Southern District of New York Judge Lewis Kaplan rejected all key defense arguments—including jurisdiction, venue, and service objections—clearing the way for the high-stakes case accusing multiple individuals of running a fraudulent NFT and crypto investment pool operation to move toward trial.
Judge slams defense tactics
As per the complaint, investors were pushed into so-called “pods” or “syndicates.” The suspected scheme promised high yields through crypto strategies. Meanwhile, plaintiffs say those returns were unrealistic. They suggest that losses linked to the case are estimated at more than $20 million so far.
Judge Kaplan in his order made one thing clear that the case is not going away at this stage. In the ruling, the court said the motion to dismiss is denied. However, it also took notice of an ongoing issue around service of process. Defendant Cyrus Abraham had argued he was not properly served. The court did not fully accept that claim but noted technical issues around how the service was carried out.
Our lawsuit alleging a $440M Ponzi scheme (TradeAI/Stakx) just survived a motion to dismiss before Judge Kaplan in SDNY.
The Court rejected every challenge and ordered the defendant to disclose his current address to our firm by March 31. pic.twitter.com/LkLhu7PgqF
— Burwick Law (@BurwickLaw) March 23, 2026
Service of process highlighted that the court said it is not “a game of hide-and-seek.” It stated that Abraham had known about the lawsuit. Hence, he cannot use technicalities to delay it indefinitely. The ruling asked Abraham to disclose his current residential address to the plaintiffs. Failure to do so could lead to a default judgment. It could include further sanctions against him.
The judge has extended the deadline for formal service until April 22. This will now move the case closer to the discovery phase. Earlier this month, the court allowed alternative methods of serving defendants. That includes sending legal notices through Ethereum wallets, emails, and even social media messages.
The move signals the challenge of dealing with defendants who are difficult to locate or operating across jurisdictions. The law firm has argued that such methods are appropriate. The alleged scheme itself relied heavily on online promotion and NFT-based interactions.
Dubai link emerges in TradeAI case
ElizaOS founder Shaw took over the social media to criticize the law firm. He claimed Burwick failed to help victims recover funds. Shaw mentioned that this is why he never promises utility for coins. The law firm replied that these are false statements. They warned him for using inappropriate language. It highlighted Shaw’s deleted tweet of a threat to sue them.
The case shows how some defendants have remained hard to reach. One of them is Peter McInnes. He has been linked to activities in Dubai. This includes real estate and art ventures. However, the legal focus remains on the core question. Whether the structure behind TradeAI/Stakx qualifies as a fraudulent investment scheme under US securities law.
This crucial court order comes in when the global crypto market is under selling pressure. After a sudden dip, the digital assets market hopped on a minor recovery rally. Its cumulative cap surged by more than 3% over the last 24 hours. It now stands at around $2.43 trillion.
NFTPriceFloor data shows that the NFT market cap hovers around $2.226 billion. CryptoPunks collection is still the biggest series with a market cap of 284,800 ETH (approx worth $612 million). Ether price surged by more than 5% in the last 24 hours. ETH is trading at an average price of $2,150 at the press time.
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