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REFILE-UPDATE 1-Tezos director resigns, sowing more uncertainty at crypto startup

startup@ (Shows Reuters story was published in October, not September, in third paragraph.)

LONDON/ZURICH, Dec 12 (Reuters) - One of the three board members of the Swiss foundation that conducted the online fundraiser for the embattled Tezos cryptocurrency tech project has resigned, Reuters has learned.

The departure on Monday of Guido Schmitz-Krummacher, a Swiss legal and management expert, is likely to add further turmoil to the project, which raised $232 million in cryptocurrencies in July.

The project has been embroiled in a battle over control between its founders, Arthur and Kathleen Breitman, and the president of the Zug-based Tezos Foundation, Johann Gevers. Reuters detailed the feud in October.

Schmitz-Krummacher resigned because he was frustrated by the infighting, which was consuming a lot of his time, according to information obtained by Reuters. He sits on several dozen Swiss boards.

Under the foundation's bylaws, Gevers gets to nominate Schmitz-Krummacher's replacement. If the third board member votes against the candidate, Gevers can cast an overriding vote.

Representatives for the board and for the Breitmans did not immediately respond to separate requests for comment.

The Breitmans own the Tezos source code through a Delaware-based company they control, but the Tezos Foundation controls all of the fundraiser's proceeds.

The standoff has delayed the Tezos project's launch. Contributors to the fundraiser, known as an "initial coin offering," have not received new digital coins, called Tezzies. Their contributions were made in bitcoins and ether, two other cryptocurrencies whose values have surged.

Last week, Tezos supporters launched an online petition criticizing "the behavior and inaction of the current board" of the Tezos Foundation. They demanded that Gevers resign or be dismissed. More than 1,200 people have signed the petition to date.

The Breitmans, their Delaware-based company and the foundation are facing three class-action lawsuits in the United States. Plaintiffs allege federal securities law violations and that the fundraiser defrauded participants, who were told they were making non-refundable donations to the foundation. The lawsuits are seeking refunds and damages.

Reuters reported on Dec. 1 that the Breitmans want the foundation to cover their legal costs. The foundation has not agreed to the request. Doing so would mean that contributors to the foundation would be indirectly footing the bill.

According to Swiss filings, the foundation's regular auditor resigned in late November. An independent auditor is now examining allegations made by the Breitmans of wrongdoing by Gevers, which he denies. That auditor's report has not been completed. (Reporting by Steve Stecklow in London and Brenna Hughes Neghaiwi in Zurich; editing by Lauren Tara LaCapra and Clive McKeef)