Confiscated Bitcoin Quietly Sold? US Law Enforcement Accused of Ignoring Trump Executive Order

By: blockbeats|2026/01/06 18:30:01
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Original Article Title: Did DOJ Prosecutors Violate Trump's Executive Order by Selling the Forfeited Samourai Wallet Bitcoin?
Original Article Author: Frank Corva, Bitcoin Magazine
Original Article Translation: Chopper, Foresight News

The United States Marshals Service (USMS) appears to have liquidated the Bitcoin paid by Samourai Wallet developer Keonne Rodriguez and William Lonergan Hill, totaling $6.3 million, as part of their plea agreement.

This action is suspected to violate Executive Order 14233, which stipulates that Bitcoin obtained through criminal or civil asset forfeiture proceedings by the government should be held in the United States Strategic Bitcoin Reserve and not liquidated.

If the New York Southern District Federal Court, responsible for overseeing the Samourai case, indeed violated Executive Order 14233, this would not be the first time court personnel have defied federal government directives.

Where Did This Bitcoin Go?

Bitcoin Magazine has obtained a previously undisclosed Asset Liquidation Agreement document. The document reveals that the Bitcoin seized from Rodriguez and Hill has either been or is about to be sold.

Confiscated Bitcoin Quietly Sold? US Law Enforcement Accused of Ignoring Trump Executive Order

According to the agreement, the two defendants agreed to transfer 57.5 Bitcoins to the USMS, valued at approximately $6.36 million on the agreement's final signing date of November 3, 2025.

On November 3, 2025, this Bitcoin was sent from address bc1q4pntkz06z7xxvdcers09cyjqz5gf8ut4pua22r, but it did not appear to go directly into the USMS's custody account; instead, it was directly transferred to Coinbase Prime's wallet address 3Lz5ULL7nG7vv6nwc8kNnbjDmSnawKS3n8, presumably for liquidation.

Currently, the balance of this Coinbase Prime address has been depleted, indicating that this Bitcoin has most likely been sold.

Violation of Executive Order 14233

Once the US Marshals confirm the sale of this seized Bitcoin, it will constitute a violation of Executive Order 14233. The order expressly mandates that Bitcoin obtained through criminal forfeiture proceedings "shall not be sold" and must be added to the US Strategic Bitcoin Reserve.

The US Marshals' decision to sell the Bitcoin is based on its own discretion rather than a legal requirement. This phenomenon suggests that some members of the Department of Justice may still consider Bitcoin a "taboo asset," eager to offload it for liquidity, rather than as a strategic asset to be held as per President Trump's directive to government agencies.

It is worth noting that the investigation and prosecution against Samourai began during the previous administration. At that time, the government harbored strong animosity towards non-custodial cryptocurrency tools and their developers. Therefore, the Department of Justice's decision to disregard Executive Order 14233 and proceed with the Bitcoin sale continues the consistent approach of past administrations in treating Bitcoin as an asset to be quickly cleared from the government's balance sheet.

Legal Details Related to Seizure and Liquidation

According to a knowledgeable legal source, the Bitcoin belonging to Samourai developers was seized under Title 18, Section 982(a)(1) of the US Code. This provision stipulates that any property involved in the crime of operating an unlicensed money transmitting business in violation of Title 18, Section 1960 of the US Code shall be subject to forfeiture and turned over to the US government.

Combining Title 18, Section 982 of the US Code with a reference to Title 21, Section 853(c) of the US Code (a criminal forfeiture statute allowing for the forfeiture of property transferred to persons other than the defendant through a special forfeiture order, followed by delivery to the US government), the Bitcoin seized from Rodriguez and Hill entirely fits the definition of "government Bitcoin" in Executive Order 14233.

Neither Title 18, Section 982 of the US Code nor its reference to Title 21, Section 853 mandates the liquidation of criminally seized property. Furthermore, the two asset forfeiture statutes cited in Section 3 of Executive Order 14233, Title 31, Section 9705 of the US Code and Title 28, Section 524(c) of the US Code, only regulate the handling and use of forfeited funds, without requiring the conversion of seized Bitcoin into fiat currency.

The order specifically states that "government Bitcoin" falls under the category of "government digital assets" and mandates that "agency heads shall not sell or otherwise dispose of any government digital asset" except in specific circumstances. The Rodriguez and Hill case does not meet any of the exceptions, and in all exception cases, the US Attorney General must be involved in the decision-making process regarding the disposition of seized digital assets.

The "One's Own Faction" New York Southern District Federal Court

Considering Executive Order 14233 and various regulations cited in this article, the actions of the New York Southern District Federal Court clearly violated the core requirement in the executive order to "transfer criminally seized bitcoins to the U.S. Strategic Bitcoin Reserve."

And this is not the first time this court has shown such disobedience.

This judicial district, often jokingly referred to as the "New York Sovereign Zone Court," has always been known for its independent and arbitrary behavior, often operating outside of control even though it is within the federal judiciary system.

The court's persistent advancement of the lawsuits against Rodriguez, Hill, and Tornado Cash developer Roman Storm is another testament to its stubbornness.

On April 7, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum entitled "Ending the Fine-in-Lieu-of-Custody Model," clearly stating that "the Department of Justice will no longer charge virtual currency exchange platforms, mixer services, and offline wallet developers based on end-user actions..."

However, the New York Southern District Federal Court disregarded this core spirit in the memorandum and continued to forcefully pursue the cases involving Samourai Wallet and Tornado Cash.

Of particular note, Hill and Rodriguez's defense teams had applied for Brady requests (requiring the prosecution to disclose exculpatory evidence to the defense), and the finally obtained documents revealed that two senior officials from the U.S. Department of the Treasury's Financial Crimes Enforcement Network had explicitly stated that, given Samourai Wallet's non-custodial nature, it did not constitute a money transmission business. Nevertheless, the prosecution still insisted on filing charges.

In criminal cases tried in the U.S. federal court system, over 90% of defendants are ultimately convicted, with acquittal rates in some years dropping as low as 0.4%. The prosecution team of the New York Southern District Federal Court is particularly known for its significantly higher-than-average federal conviction rate.

Rodriguez is well aware of these statistics, and he also knows that Judge Denise Cote, who presides over his and Hill's cases, is known for her harsh sentencing.

On the morning before he admitted to the charge of "conspiring to operate an unlicensed money transmission business," Rodriguez confessed all of this to me.

Has the Cryptocurrency War Really Ended?

In the 2024 election, many Bitcoin and cryptocurrency supporters cast their votes for President Trump, and the cryptocurrency industry had also thrown its weight behind his re-election campaign. Now, these supporters and industry insiders are questioning whether President Trump truly intends to end the war on cryptocurrency.

To achieve this goal, the Department of Justice under the Trump administration must strictly adhere to the requirements of Executive Order 14233, while following Deputy Attorney General Blanche's guidance to cease prosecution of non-custodial cryptocurrency developers. Regarding the latter, President Trump recently stated that he is considering pardoning Rodriguez.

Pardoning Rodriguez and directing the Department of Justice to investigate the sale of the confiscated bitcoins from the Samourai developer would send a strong signal, indicating that the President's stance in support of Bitcoin and cryptocurrency is serious and steadfast.

Original Article Link

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China's Central Bank and Eight Other Departments' Latest Regulatory Focus: Key Attention to RWA Tokenized Asset Risk


Foreword: Today, the People's Bank of China's website published the "Notice of the People's Bank of China, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, State Administration of Foreign Exchange on Further Preventing and Dealing with Risks Related to Virtual Currency and Others (Yinfa [2026] No. 42)", the latest regulatory requirements from the eight departments including the central bank, which are basically consistent with the regulatory requirements of recent years. The main focus of the regulation is on speculative activities such as virtual currency trading, exchanges, ICOs, overseas platform services, and this time, regulatory oversight of RWA has been added, explicitly prohibiting RWA tokenization, stablecoins (especially those pegged to the RMB). The following is the full text:


To the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, the Xinjiang Production and Construction Corps:


  Recently, there have been speculative activities related to virtual currency and Real-World Assets (RWA) tokenization, disrupting the economic and financial order and jeopardizing the property security of the people. In order to further prevent and address the risks related to virtual currency and Real-World Assets tokenization, effectively safeguard national security and social stability, in accordance with the "Law of the People's Republic of China on the People's Bank of China," "Law of the People's Republic of China on Commercial Banks," "Securities Law of the People's Republic of China," "Law of the People's Republic of China on Securities Investment Funds," "Law of the People's Republic of China on Futures and Derivatives," "Cybersecurity Law of the People's Republic of China," "Regulations of the People's Republic of China on the Administration of Renminbi," "Regulations on Prevention and Disposal of Illegal Fundraising," "Regulations of the People's Republic of China on Foreign Exchange Administration," "Telecommunications Regulations of the People's Republic of China," and other provisions, after reaching consensus with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, and with the approval of the State Council, the relevant matters are notified as follows:


  I. Clarify the essential attributes of virtual currency, Real-World Assets tokenization, and related business activities


  (I) Virtual currency does not possess the legal status equivalent to fiat currency. Virtual currencies such as Bitcoin, Ether, Tether, etc., have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed ledger or similar technology, existing in digital form, etc. They do not have legal tender status, should not and cannot be circulated and used as currency in the market.


  The business activities related to virtual currency are classified as illegal financial activities. The exchange of fiat currency and virtual currency within the territory, exchange of virtual currencies, acting as a central counterparty in buying and selling virtual currencies, providing information intermediary and pricing services for virtual currency transactions, token issuance financing, and trading of virtual currency-related financial products, etc., fall under illegal financial activities, such as suspected illegal issuance of token vouchers, unauthorized public issuance of securities, illegal operation of securities and futures business, illegal fundraising, etc., are strictly prohibited across the board and resolutely banned in accordance with the law. Overseas entities and individuals are not allowed to provide virtual currency-related services to domestic entities in any form.


  A stablecoin pegged to a fiat currency indirectly fulfills some functions of the fiat currency in circulation. Without the consent of relevant authorities in accordance with the law and regulations, any domestic or foreign entity or individual is not allowed to issue a RMB-pegged stablecoin overseas.


(II)Tokenization of Real-World Assets refers to the use of encryption technology and distributed ledger or similar technologies to transform ownership rights, income rights, etc., of assets into tokens (tokens) or other interests or bond certificates with token (token) characteristics, and carry out issuance and trading activities.


  Engaging in the tokenization of real-world assets domestically, as well as providing related intermediary, information technology services, etc., which are suspected of illegal issuance of token vouchers, unauthorized public offering of securities, illegal operation of securities and futures business, illegal fundraising, and other illegal financial activities, shall be prohibited; except for relevant business activities carried out with the approval of the competent authorities in accordance with the law and regulations and relying on specific financial infrastructures. Overseas entities and individuals are not allowed to illegally provide services related to the tokenization of real-world assets to domestic entities in any form.


  II. Sound Work Mechanism


  (III) Inter-agency Coordination. The People's Bank of China, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of virtual currency-related illegal financial activities.


  The China Securities Regulatory Commission, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of illegal financial activities related to the tokenization of real-world assets.


  (IV) Strengthening Local Implementation. The people's governments at the provincial level are overall responsible for the prevention and disposal of risks related to virtual currencies and the tokenization of real-world assets in their respective administrative regions. The specific leading department is the local financial regulatory department, with participation from branches and dispatched institutions of the State Council's financial regulatory department, telecommunications regulators, public security, market supervision, and other departments, in coordination with cyberspace departments, courts, and procuratorates, to improve the normalization of the work mechanism, effectively connect with the relevant work mechanisms of central departments, form a cooperative and coordinated working pattern between central and local governments, effectively prevent and properly handle risks related to virtual currencies and the tokenization of real-world assets, and maintain economic and financial order and social stability.


  III. Strengthened Risk Monitoring, Prevention, and Disposal


  (5) Enhanced Risk Monitoring. The People's Bank of China, China Securities Regulatory Commission, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration of Foreign Exchange, Cyberspace Administration of China, and other departments continue to improve monitoring techniques and system support, enhance cross-departmental data analysis and sharing, establish sound information sharing and cross-validation mechanisms, promptly grasp the risk situation of activities related to virtual currency and real-world asset tokenization. Local governments at all levels give full play to the role of local monitoring and early warning mechanisms. Local financial regulatory authorities, together with branches and agencies of the State Council's financial regulatory authorities, as well as departments of cyberspace and public security, ensure effective connection between online monitoring, offline investigation, and fund tracking, efficiently and accurately identify activities related to virtual currency and real-world asset tokenization, promptly share risk information, improve early warning information dissemination, verification, and rapid response mechanisms.


  (6) Strengthened Oversight of Financial Institutions, Intermediaries, and Technology Service Providers. Financial institutions (including non-bank payment institutions) are prohibited from providing account opening, fund transfer, and clearing services for virtual currency-related business activities, issuing and selling financial products related to virtual currency, including virtual currency and related financial products in the scope of collateral, conducting insurance business related to virtual currency, or including virtual currency in the scope of insurance liability. Financial institutions (including non-bank payment institutions) are prohibited from providing custody, clearing, and settlement services for unauthorized real-world asset tokenization-related business and related financial products. Relevant intermediary institutions and information technology service providers are prohibited from providing intermediary, technical, or other services for unauthorized real-world asset tokenization-related businesses and related financial products.


  (7) Enhanced Management of Internet Information Content and Access. Internet enterprises are prohibited from providing online business venues, commercial displays, marketing, advertising, or paid traffic diversion services for virtual currency and real-world asset tokenization-related business activities. Upon discovering clues of illegal activities, they should promptly report to relevant departments and provide technical support and assistance for related investigations and inquiries. Based on the clues transferred by the financial regulatory authorities, the cyberspace administration, telecommunications authorities, and public security departments should promptly close and deal with websites, mobile applications (including mini-programs), and public accounts engaged in virtual currency and real-world asset tokenization-related business activities in accordance with the law.


  (8) Strengthened Entity Registration and Advertisement Management. Market supervision departments strengthen entity registration and management, and enterprise and individual business registrations must not contain terms such as "virtual currency," "virtual asset," "cryptocurrency," "crypto asset," "stablecoin," "real-world asset tokenization," or "RWA" in their names or business scopes. Market supervision departments, together with financial regulatory authorities, legally enhance the supervision of advertisements related to virtual currency and real-world asset tokenization, promptly investigating and handling relevant illegal advertisements.


  (IX) Continued Rectification of Virtual Currency Mining Activities. The National Development and Reform Commission, together with relevant departments, strictly controls virtual currency mining activities, continuously promotes the rectification of virtual currency mining activities. The people's governments of various provinces take overall responsibility for the rectification of "mining" within their respective administrative regions. In accordance with the requirements of the National Development and Reform Commission and other departments in the "Notice on the Rectification of Virtual Currency Mining Activities" (NDRC Energy-saving Building [2021] No. 1283) and the provisions of the "Guidance Catalog for Industrial Structure Adjustment (2024 Edition)," a comprehensive review, investigation, and closure of existing virtual currency mining projects are conducted, new mining projects are strictly prohibited, and mining machine production enterprises are strictly prohibited from providing mining machine sales and other services within the country.


  (X) Severe Crackdown on Related Illegal Financial Activities. Upon discovering clues to illegal financial activities related to virtual currency and the tokenization of real-world assets, local financial regulatory authorities, branches of the State Council's financial regulatory authorities, and other relevant departments promptly investigate, determine, and properly handle the issues in accordance with the law, and seriously hold the relevant entities and individuals legally responsible. Those suspected of crimes are transferred to the judicial authorities for processing according to the law.


 (XI) Severe Crackdown on Related Illegal and Criminal Activities. The Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, as well as judicial and procuratorial organs, in accordance with their respective responsibilities, rigorously crack down on illegal and criminal activities related to virtual currency, the tokenization of real-world assets, such as fraud, money laundering, illegal business operations, pyramid schemes, illegal fundraising, and other illegal and criminal activities carried out under the guise of virtual currency, the tokenization of real-world assets, etc.


  (XII) Strengthen Industry Self-discipline. Relevant industry associations should enhance membership management and policy advocacy, based on their own responsibilities, advocate and urge member units to resist illegal financial activities related to virtual currency and the tokenization of real-world assets. Member units that violate regulatory policies and industry self-discipline rules are to be disciplined in accordance with relevant self-regulatory management regulations. By leveraging various industry infrastructure, conduct risk monitoring related to virtual currency, the tokenization of real-world assets, and promptly transfer issue clues to relevant departments.


  IV. Strict Supervision of Domestic Entities Engaging in Overseas Business Activities


(XIII) Without the approval of relevant departments in accordance with the law and regulations, domestic entities and foreign entities controlled by them may not issue virtual currency overseas.


  (XIV) Domestic entities engaging directly or indirectly in overseas external debt-based tokenization of real-world assets, or conducting asset securitization activities abroad based on domestic ownership rights, income rights, etc. (hereinafter referred to as domestic equity), should be strictly regulated in accordance with the principles of "same business, same risk, same rules." The National Development and Reform Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other relevant departments regulate it according to their respective responsibilities. For other forms of overseas real-world asset tokenization activities based on domestic equity by domestic entities, the China Securities Regulatory Commission, together with relevant departments, supervise according to their division of responsibilities. Without the consent and filing of relevant departments, no unit or individual may engage in the above-mentioned business.


  (15) Overseas subsidiaries and branches of domestic financial institutions providing Real World Asset Tokenization-related services overseas shall do so legally and prudently. They shall have professional personnel and systems in place to effectively mitigate business risks, strictly implement customer onboarding, suitability management, anti-money laundering requirements, and incorporate them into the domestic financial institutions' compliance and risk management system. Intermediaries and information technology service providers offering Real World Asset Tokenization services abroad based on domestic equity or conducting Real World Asset Tokenization business in the form of overseas debt for domestic entities directly or indirectly venturing abroad must strictly comply with relevant laws and regulations. They should establish and improve relevant compliance and internal control systems in accordance with relevant normative requirements, strengthen business and risk control, and report the business developments to the relevant regulatory authorities for approval or filing.


  V. Strengthen Organizational Implementation


  (16) Strengthen organizational leadership and overall coordination. All departments and regions should attach great importance to the prevention of risks related to virtual currencies and Real World Asset Tokenization, strengthen organizational leadership, clarify work responsibilities, form a long-term effective working mechanism with centralized coordination, local implementation, and shared responsibilities, maintain high pressure, dynamically monitor risks, effectively prevent and mitigate risks in an orderly and efficient manner, legally protect the property security of the people, and make every effort to maintain economic and financial order and social stability.


  (17) Widely carry out publicity and education. All departments, regions, and industry associations should make full use of various media and other communication channels to disseminate information through legal and policy interpretation, analysis of typical cases, and education on investment risks, etc. They should promote the illegality and harm of virtual currencies and Real World Asset Tokenization-related businesses and their manifestations, fully alert to potential risks and hidden dangers, and enhance public awareness and identification capabilities for risk prevention.


  VI. Legal Responsibility


  (18) Engaging in illegal financial activities related to virtual currencies and Real World Asset Tokenization in violation of this notice, as well as providing services for virtual currencies and Real World Asset Tokenization-related businesses, shall be punished in accordance with relevant regulations. If it constitutes a crime, criminal liability shall be pursued according to the law. For domestic entities and individuals who knowingly or should have known that overseas entities illegally provided virtual currency or Real World Asset Tokenization-related services to domestic entities and still assisted them, relevant responsibilities shall be pursued according to the law. If it constitutes a crime, criminal liability shall be pursued according to the law.


  (19) If any unit or individual invests in virtual currencies, Real World Asset Tokens, and related financial products against public order and good customs, the relevant civil legal actions shall be invalid, and any resulting losses shall be borne by them. If there are suspicions of disrupting financial order and jeopardizing financial security, the relevant departments shall deal with them according to the law.


  This notice shall enter into force upon the date of its issuance. The People's Bank of China and ten other departments' "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" (Yinfa [2021] No. 237) is hereby repealed.


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