Document for Commonwealth of Massachusetts vs. XEX LTD

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                                COMMONWEALTH           OF MASSACHUSETTS

SUFFOLK, ss.                                                   SUPERIOR COURT
                                                               CIVIL ACTION NO. 2aS1606&

COMMONWEALTH             OF MASSACHUSETTS,

                                Plaintiff,
                                                                                           na
       Vv.


XEX LTD.

                                Defendant.


                                                                                            nN
                                      Affidavit of Diana Hooley

       I, Diana Hooley, make this affidavit in support of the Commonwealth of Massachusetts’

x Parte Motion for Temporary Restraining Order.

             1    I am an attorney admitted in Massachusetts and I am currently employed as an

             Assistant Attorney General at the Massachusetts Attorney General’s Office (“AGO”)

             I submit this affidavit to place before the Court certain facts and documents referred

             to in the Commonwealth of Massachusetts’ Memorandum in Support of its Ex Parte

             Motion for Temporary Restraining Order.

             2.   As part of the AGO’s investigation of the investment scam operated by

             Defendant, XEX LTD. (“XEX”), I learned that fraudulently obtained funds had been

             traced to Binance, a cryptocurrency exchange.

             3.   The funds were traced to two Binance wallets with the addresses ending in SMCJ

             and uAsj (“the Wallets”).
4.   On April 17, 2024, the AGO requested that Binance provide the current Wallet

balances and corresponding Know-Your-Customer data. Binance provided

information to show that the account holders are residents of East Asia.

5.   To prevent scammers from absconding with the funds, the AGO requested that

Binance freeze the assets in the Wallets on May    10, 2024.

6.   On May 15, 2024, Binance notified our Office that a 7-day freeze had been placed

on the Wallets.

7.   Upon request, Binance agreed to extend the freeze until June 28, 2024 to give the

AGO additional time to obtain a court order to extend the freeze.

8.   On May 9, 2024, Binance confirmed that the Wallets contained cryptocurrency

worth roughly $597,105 combined.

9.   Attached to this affidavit are true and correct copies of the following documents:

        a.   Affidavit of Benjamin Potter, a Financial Investigator of the Civil

        Investigations Division of the Massachusetts Attorney General’s Office;

        (Exhibit 1)
        b.   Edward Cherubin, a Senior Financial Investigator of the Civil

        Investigations Division of the Massachusetts Attorney General’s Office

        (Exhibit 2);

        b.   Affidavit from Rafal Lepicki, a victim of Defendant’s scheme (Exhibit

        3); and

        Cc   A copy of the Commonwealth’s communications with Binance through its

        portal. Kodex (Exhibit 4).
SIGNED UNDER THE PENALTIES OF PERJURY IN BOSTON, MASSACHUSETTS, ON
THE 25th OF JUNE 2024.

                                     op dein ll,
                                     Diana Hooley, BBO # 685418
                                     Assistant Attorney General
                                     Public Protection & Advocacy Bureau
                                     Massachusetts Attorney General’s Office
                                     One Ashburton Place, 18: Floor
                                     Boston, Massachusetts 02108
                                     Tel. (857)-383-7025
                                     diana.hooley@mass.gov