The regulated Maltese high-risk payment processor Phoenix Payments Ltd d/b/a Paytah, has sued its regulator, the Malta Financial Services Authority (MFSA). Paytah accuses MFSA of being judge, jury, and executioner. The payment processor took this unprecedented step after the Maltese regulator fined it EUR 32,400 and restricted the company's license. This is not a normal civil court case. Instead, Paytah brought the claim against MFSA at the Constitutional Courts level. This is a first in Malta. Paytah has also sued MFSA for damages.
Joseph “Joe” Cuschieri, the former CEO of Malta's Financial Services Authority (MFSA), keeps hitting the headlines, despite his resignation. The chairman of MFSA, John Mamo, has confirmed in Malta’s Parliament that Cuschieri was being paid honoraria reserved for board members attending meetings; on top of his financial package as CEO. Mamo also revealed that Joseph Cuschieri was asked to return these extra payments.
Paytah is operated by Phoenix Payments Ltd, a company registered in Malta and regulated by MFSA. As reported by FinTelegram, PayTah has facilitated vast broker scams, including LincolnFX, RoyalsFX, CodexFX between 2019 and 2020. Victims of these scams have provided the European Fund Recovery Initiative (EFRI) with the Power of Attorney to recover their funds. Via its Maltese lawyer EFRI has taken actions to recover the victims' funds from Paytah. Currently, the Maltese connection is chasing after the Paytah people.
Payment processors must comply with the applicable KYC and AML regulations. Especially when onboarding new merchants and monitoring their transactions. Recently, we reported that the high-risk payment processor Phoenix Payments Ltd d/b/a Paytah (www.paytah.com). Paytah is to be held liable for this but has so far refused to accept its responsibility for intentionally or grossly negligently supporting the scams and refuses to provide any assistance to the victims.