Our boy Homero Joshua Garza, better known in the cryptocommunity as “Josh Garza” and the former head of GAW Miners, is back in the news today. SEC prosecutor Kathleen Shields filed a request for entry of default after Garza and his legal team allegedly failed to respond to the previous SEC complaint, filed on December 1st.
Coindesk was the first to report on the story. They republished the criminal complaint (saving us, and you, the $0.20 PACER fee) which you can find here.
According to the document, ZenMiners LLC and Gaw Miners LLC failed to respond to the SEC complaint after being served on December 4th. The defendants, according to the SEC, were originally given until December 25th to respond. Since the 25th is Christmas, the SEC extended the deadline to December 28th, but had not received a response from the defendants as of January 6th.“On December 1, 2015, the Commission filed its Complaint in this action. On December 4, 2015, a package containing the Summons and Complaint were served upon defendants GAW Miners, LLC and ZenMiner, LLC (d/b/a Zen Cloud) by serving their registered agents of record, VCorp Services, LLC. On December 9, 2015, the executed returns of service for both GAW Miners and ZenMiner were filed with the Court. The Court’s public docket indicates that the deadline for both GAW Miners and ZenMiner to answer or otherwise respond to the Complaint was December 25, 2015. Because that day was a holiday, their time to answer or otherwise respond was extended to December 28, 2015, by operation of Federal Rules of Civil Procedure 12(a) and 6(a)(1)(C). 5. To the best of my knowledge, and as reflected on the Court’s public docket for this action, neither GAW Miners nor ZenMiner has filed an answer or otherwise responded to the Complaint as of today.”
Strangely, as CoinDesk points out, Garza was not mentioned in the case file itself, but is listed as a defendant.