The Chapter 15 bankruptcy case concerning ill-fated Bitcoin exchange MtGox continues at the Texas Northern Bankruptcy Court. On April 2, 2021, MtGox trustee Nobuaki Kobayashi filed a notice of subpoena on the U.S. Attorney’s Office for the Northern District of California (San Francisco Division).
The notice, seen by FX News Group, states that Nobuaki Kobayashi is entitled to the full protections and rights enumerated under sections 1521(a)(4) and 1521(a)(5) of the Bankruptcy Code, and accordingly, he
- (a) has the right and power to examine witnesses, take evidence or deliver information concerning the MtGox’s assets, affairs, rights, obligations, or liabilities; and
- (b) is entrusted with the administration and realization of all of the MtGox’s assets within the territorial jurisdiction of the United States.
The U.S. Attorneys are prosecuting a civil case and criminal case against Alexander Vinnik and BTC-e, which both assert claims stemming from Vinnik’s alleged operation of an unlicensed money service business, an alleged conspiracy to commit money laundering, money laundering, and engagement in unlawful monetary transactions.
The criminal case seeks forfeiture of wrongfully obtained assets, and the civil case seeks the imposition of civil monetary penalties.
The MtGox trustee believes that Vinnik and BTC-e may have wrongfully stolen or converted bitcoin from MtGox, in which MtGox has property interests. The U.S. Attorneys investigation may have developed additional facts and information in this regard and the Attorney Office’s or the United States’ seizure of property from Vinnik and BTC-e may include property in which MtGox has property interests.
In light of Nobuaki Kobayashi’s duties, he seeks information from the U.S. Attorneys about the nature and location of such property of MtGox.
The U.S. Attorneys are required, to the extent that they possess documents, to produce these no later than May 14, 2021.