1. Over a period of several weeks in July and August, Defendants and other agents hatched and executed a “rain and hellfire” plan to steal Swan’s billion-dollar Bitcoin mining business.
2. The individual Defendants (all former Swan consultants) conspired to steal Swan’s highly proprietary and confidential Bitcoin mining business, technology, trade secrets, property and personnel, and then resigned near-simultaneously on the evening of August 8, 2024, to join Defendant Proton—a copycat company Defendant Holmes created for the sole purpose of using Swan’s stolen technology and trade secret techniques and methods to usurp its mining business. Defendant Naidoo is now Proton’s Chief Investment Officer, and virtually all the consultants and employees who worked in Swan’s Bitcoin mining business—including Swan’s former executives and General Counsel—currently work for Defendant Proton with Swan’s confidential information and trade secrets.
3. The evidence of Defendants’ brazen theft is overwhelming. In the days and weeks before—and in the time surrounding—the individual Defendants’ departure from Swan, Defendant Monteleone cloned and exfiltrated highly proprietary code from Swan’s Bitcoin mining monitoring software—the Bitcoin Network Operating Center (“BNOC”)—directly from the secured coding platform GitHub and downloaded a copy of this Bitcoin mining “dashboard” outside of Swan’s secure systems. Others involved in the conspiracy who now work with Proton (including Proton’s current CEO—ex- Swan Chief Investment Officer and Head of Mining Raphael Zagury) also downloaded Swan’s BNOC.

Bitcoin blocks are produced roughly every 30 minutes