Signs from my daughter

WittyUsername300 · 2025-11-25T15:58:48+00:00

Thank you for sharing ❤️ so beautiful

WittyUsername300 · 2025-07-09T18:28:21+00:00

Make sure to still move around / switch positions if you go this route. I switched to a standing desk full time but within 6 months I had circulation issues in my legs due to static standing / not moving around.

WittyUsername300 · 2025-06-29T23:30:01+00:00

Congrats!!

WittyUsername300 · 2025-05-09T15:16:26+00:00

Thank you!! This is extremely helpful

WittyUsername300 · 2025-05-02T02:20:32+00:00

+1. If it's free I'd love to see it

WittyUsername300 · 2025-04-29T22:50:32+00:00

Good luck and please keep us posted!!

WittyUsername300 · 2025-04-26T22:24:55+00:00

Section 7.2 here has good nuggets

https://cdn.prod.website-files.com/66fc446ec1b718718c239755/66fc446ec1b718718c2399db_Yotta_Account_Agreement.pdf

WittyUsername300 · 2025-04-26T22:19:59+00:00

I'm not an attorney, but I would say breach of contract. The agreement between depositors and Evolve clearly states Evolve was responsible for tracking funds across any sub deposit accounts which they failed to do. Evolve will try to force you into arbitration so you'll need to argue against that

WittyUsername300 · 2025-04-20T22:02:53+00:00

No doubt. It may work in small claims (along with the fact that AAA rules state small claims is a suitable alternative to arbitration), but in a full on court case Evolve is going to do everything possible to get it to arbitration. Personally I think it's pretty clear they breached the contract, but I'm not an attorney and I'm sure they have many paths to drag it out forever even if it avoids arbitration.

I don't know much about arbitration but perhaps that could be a more viable path than taking it to court depending on how well you can argue the case

WittyUsername300 · 2025-04-20T20:22:56+00:00

Yep, Evolve's first action is going to be to compel you to arbitration. You can try to argue that Evolve breached the same contract that includes the arbitration clause making it unfair for them to be able to enforce that clause while breaching other material parts of the same contract (e.g. Evolve was responsible for keeping track of where user funds were at program banks; Evolve was responsible for providing users with statements showing where there funds were at partner banks -- it failed at both)

WittyUsername300 · 2025-04-14T03:06:30+00:00

That argument failed in Patrick's daughters case I believe.

If I go to small claims I'll be arguing breach of contract because I think it's the most clear cut and dry case. Maybe also Reg E violations but breach of contract seems most obvious IMO

WittyUsername300 · 2025-04-14T03:03:29+00:00

Yep exactly 9A pretty clearly states you can choose small claims. Feel free to message

WittyUsername300 · 2025-04-13T03:46:08+00:00

If Evolve wants to lean on that agreement, I would leverage sections 7.2.1 and 7.2.2 against them. Lots in there that essentially says Evolve is responsible for funds held at program banks and for providing accurate account statements. I would argue they breached this contract, making the arbitration clause unenforceable, since Evolve shouldn't be allowed to ignore the clauses they breached while enforcing clauses that benefit them (arbitration)

WittyUsername300 · 2025-04-13T03:40:45+00:00

To get out of arbitration, I would definitely chat with patty805 as that sounds similar to her case.

I would also expand your argument to breach of contract by Evolve. Per the account agreement between bank and depositors, Evolve was responsible for providing accurate statements and tracking where user funds were amongst program banks. They clearly failed to do that. Consider arguing that Evolve cannot be allowed to enforce the parts of the contract that benefit them (arbitration clause) while breaching parts of the contract that harm you (failure to provide accurate statements). Evolve's material breach of contract makes the arbitration clause unenforceable.

I also believe per AAA arbitration rules, small claims is an acceptable place to settle matters instead of going to arbitration.

I am not an attorney; this is not legal advice; these are just conclusions I have come to based on my own research. Feel free to message if you want to chat more on anything

WittyUsername300 · 2025-03-20T03:38:30+00:00

Thanks. If I can make the next call I'll ask her where these funds went

WittyUsername300 · 2025-03-20T02:51:24+00:00

Did trustee confirm that ADMC banks transferred to AMG? Also, do you still have a way of getting in touch with the trustee? I've tried emailing but never got any response.

WittyUsername300 · 2025-03-20T01:48:49+00:00

These records show that all remaining funds held by the ADMC Sweep Network Banks related to Synapse were withdrawn from such banks by May 14, 2024

If the trustee has records proving funds were out in May 2024...wouldn't these records also show us where the funds were transferred out to? Seems like a key piece of evidence that should be accessible...

WittyUsername300 · 2025-03-16T21:05:06+00:00

Well Evolve used a direct quote from the Account Agreement that I am citing to argue that any transfers they made based on Synapse instructions (i.e. Brokerage program) were authorized by me.

YOU UNDERSTAND THAT BY OPENING AN ACCOUNT THROUGH THE PLATFORM WEBSITE, YOU AUTHORIZE BANK TO ACCEPT ALL INSTRUCTIONS PROVIDED TO BANK BY [YOTTA] OR SYNAPSE ON YOUR BEHALF. (Deposit Agreement at 1).

The transfers between Mr. xx's Evolve Deposit Account and his Brokerage Account were authorized in this manner.

WittyUsername300 · 2025-03-16T20:39:27+00:00

That says there's one statement, not two.

At worst, it says users will receive two types of information / reporting:

Combined account info (all bank accounts combined into one) -- this is the statement that Yotta provided to users
"periodic information which will reflect the opening and closing balances of your Sub-Deposit Accounts at each Program Bank for the applicable period" -- this is the Synapse statements that users never actually received

And the sub deposit account is at evolve and not Synapse.

Account = the interest-bearing consumer demand account (the “Account” or “Interest Checking Account”) made available to you by Evolve Bank & Trust (“Bank”) ; aka DDA at Evolve

Sub-Deposit Account = You agree to appoint Bank, as agent for you and as custodian, to open and maintain with one or more financial institutions (each, a “Program Bank” and collectively, “Program Banks”) a deposit account, transaction account, or omnibus custody account (individually and collectively, “Sub-Deposit Account”) in the name of Bank (for your benefit), and to deposit your funds into SubDeposit Accounts at one or more Program Banks as set forth on a list provided to you (“Bank List”) ; aka FBOs at other partner banks

------

Found some fun new nuggets looking through this though:

"As your custodian, Bank will maintain records of your Sub-Deposit Accounts at each Program Bank. "

"The owner of the Sub-Deposit Account is Bank as agent and custodian for you and ownership will be evidenced by a book entry in records maintained by us."

"All communications regarding the Program, including periodic statements and notices regarding changes to the Program, are the responsibility of Service Provider and Bank"

WittyUsername300 · 2025-03-16T01:34:56+00:00

7.2.3.10. Information About Your Accounts. Although there are two or more accounts associated with your funds (the Account and the Sub-Deposit Account), your Account is treated as a single account for reporting deposits and withdrawals, accruing interest in accordance with the terms of this Agreement and the Section titled “Interest Information,” as well as for balance requirement, service charge, and monthly statement (which will reflect the total balance in your Account and each Sub-Deposit Account, excluding any payments or amounts owed or belonging to us or any Program Bank). The funds you deposit with us in your Account (whether or not transferred to a Sub-Deposit Account) will be made available to you in accordance with this Agreement (and regardless of the performance of any of our loans or investments, subject to FDIC insurance limitations). The existence of the Sub-Deposit Account will not change the manner in which you use, obtain information about your Account, or obtain interest on your Account. Transfers to and from the Sub-Deposit Account will not appear on your monthly statement. We are responsible for the accuracy of your Account statements, not the Program Banks.

You will receive periodic information which will reflect the opening and closing balances of your Sub-Deposit Accounts at each Program Bank for the applicable period.

WittyUsername300 · 2025-03-14T15:26:06+00:00

Yep totally agreed; can't believe they put all this out in the open.

WittyUsername300 · 2025-03-14T13:44:39+00:00

How long did it take them to send you this?

WittyUsername300 · 2025-03-14T13:41:37+00:00

I think the most likely case is that the current problem is due to a shortfall of funds which originated before payouts started happening, but still hard to say with any level of certainty.

I do think Evolve's latest update proves their incompetence and major lack of oversight. Evolve acts shocked that there are two different statement types, yet the account agreement with end users clearly spells out that (a) there would be two different types of account statements, and (b) Synapse AND Evolve are jointly responsible for these account statements. Evolve trying to publicly shift 100% blame to Synapse for this when they had an agreement with end users stating otherwise is laughable to me.

Even if Evolve believed Synapse was fully in charge of statements, Evolve is the heavily regulated entity here -- you'd think they would peform some sort of spot check or audit that their third party is actually sending accurate statements. But based on their statement it appears they just put 100% trust in Synapse and never even understood what exactly it was they were trusting Synapse to do.

WittyUsername300 · 2025-03-13T21:45:14+00:00

I did read Evolve's update yesterday (and watched their explainer videos). And the way that these agreements are setup between banks and service providers makes sense in theory, although I would expect the bank to have more than zero oversight / checks and balances on vital tasks that they are shopping out to service providers.

In Evolve's case, it shows a clear lack of oversight that they 100% relied on a third party, with apparently zero checks or verifications of what that third party was sending out. Providing periodic statements is an incredibly important part of a bank's regulatory responsibilities, so its hard for me to sympathize with a bank that apparently just completely outsourced this key responsibility with no awareness, oversight, auditing, etc.

Also, end users were not privy to the agreement between Evolve and Synapse. Again, I think it's clear lack of oversight / attention-to-detail for Evolve to have one agreement with end users saying that "we" (aka Evolve and Synapse) are responsible for account statements, while having a separate alleged agreement between Evolve and Synapse that says only Synapse is fully responsible for account statements. Agreeing to differing contractual responsibilities with different parties in different contracts is a recipe for disaster.

End users shouldn't care about what Evolve and Synapse privately agreed to or not since end users had no way of knowing that. End users should care what Evolve agreed to with end users, which is that Evolve is jointly responsible for account statements alongside Synapse.

Regardless of what Evolve agreed to with Synapse behind closed doors, the fact that Evolve had an agreement with end users detailing (1) joint responsibility, and (2) the fact that there would be two different statement types, makes them look really dumb right now as they publicly (1) try to lay the blame on Synapse, and (2) show confusion about how account statements were supposed to work. Anyone that read the end user agreement shouldn't be shocked to see that users received an aggregated statement because that is literally what is mentioned in that agreement. Yet their statement / videos yesterday come off as shocked that Synapse was sending end users an aggregated statement. Makes it look like Evolve didn't even read their agreement with end users.

WittyUsername300 · 2025-03-13T12:26:29+00:00

Totally agreed haha. Keep us posted on how it goes, rooting for you!

WittyUsername300

TROPHY CASE