Judge Orders Forensic Search of PlayUp CEO’s Devices in Evidence Tampering Dispute
A federal judge has ordered a forensic search of PlayUp CEO Daniel Simic’s digital devices. The decision comes after the judge found he likely manipulated key evidence in a legal battle with former executive Dr. Laila Mintas.
A “Bad Faith Tactic”
The order for a forensic examination centers on Simic’s conduct during the evidence discovery process. Judge Nancy Koppe expressed “serious doubts” about his honesty and found he repeatedly failed to produce documents in their original format, despite court orders.
The breaking point was a PDF of notes from a November 15, 2021, meeting with FTX. Judge Koppe found that Simic produced an altered version of the document “for litigation advantage” and used a “bad faith tactic to avoid confirmation of his evidence manipulation.”
An independent forensic expert will now search Simic’s work devices, corporate emails, and Microsoft Teams data. Simic must bear the full cost of the examination.
A Complete Loss of Trust
The judge’s order reflects a total breakdown of trust in Simic’s statements. After his legal team presented shifting explanations for the altered document, Judge Koppe wrote that “The story portrayed by Simic and his counsel… has been in constant flux, sometimes changing literally by the minute.”
This led the judge to state that “the Court has no confidence in the accuracy of the current representations made as to the document at issue.” The forensic search will look for communications related to FTX and Mintas, using keywords including “FTX,” “Laila,” and even derogatory terms like “bitch.”
In another blow to Simic, his law firm, Zumpano Patricios & Helsten (ZPH), was denied its request to withdraw from the case. The firm cited an “irreparable breakdown” in its relationship with Simic.
Judge Koppe refused the request, noting it was the firm’s third attempt to leave at a critical stage of the proceedings. She ruled that allowing them to withdraw now would “unduly delay further these already elongated proceedings.” This forces the firm to continue representing Simic as the forensic examination moves forward.
The Failed FTX Deal and Legal Fallout
The legal fight stems from the failed $450 million acquisition of PlayUp by the crypto exchange FTX in 2021. After the deal collapsed, PlayUp and Simic sued Mintas, its former US CEO, accusing her of sabotaging the transaction.
Mintas filed a countersuit, claiming Simic was at fault and that he made her a scapegoat. In April, a judge dismissed all of PlayUp’s claims against Mintas. However, her countersuit against Simic for defamation, false light, and breach of contract remains active.
Recommended