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first_img Celsius bankruptcy liquidation party sues BitMEX, claiming 495 million USD

The liquidator of the bankrupt cryptocurrency lending platform Celsius Network has sued BitMEX, accusing it of fraud and market manipulation during forced liquidations in March 2020 amid the COVID-19 pandemic, seeking the return of 6,360 BTC, equivalent to approximately $495 million at current prices. The lawsuit was filed on September 12 in the U.S. Bankruptcy Court for the Southern District of New York by the litigation manager appointed in the Celsius bankruptcy case, Blockchain Recovery Investment Consortium.The defendants include five entities: HDR Global Trading, ABS Global Trading, Shine Effort, 100x Holdings, and HDR Global Services, registered across Bermuda, the Cayman Islands, the United Kingdom, Hong Kong, Seychelles, and the United States. Celsius claims it lost 1,325.84 BTC during a liquidation on March 12, 2020, and is seeking to recover debts transferred by the investment fund JST, which lost 5,034.33 BTC the following day. The positions held by both could only be profitable when Bitcoin was rising or stable, and the lawsuit alleges that BitMEX simultaneously controlled the system that decided when customers were liquidated and the insurance fund that profited from the liquidations.The allegations have not yet been verified, and this is the second lawsuit BitMEX has faced since announcing its liquidation in July; the exchange will cease trading on September 23.

U.S. Senator: The CLARITY Act will ensure that customers' crypto assets remain the property of the customers in the event of an exchange bankruptcy

According to Bitcoin.com, U.S. Senator Cynthia Lummis stated that the CLARITY Act will change the way customer crypto assets are handled when digital asset platforms enter bankruptcy proceedings; customer assets should continue to belong to the customers, rather than being included in the company's bankruptcy estate.The bill requires regulated digital asset intermediaries to treat customer cash and digital assets as customer property and to segregate them from company property. The bill also generally prohibits brokers, dealers, and exchanges from using customer assets for their own or others' benefit without authorization.The bankruptcies of Celsius and Voyager sparked disputes over the ownership of customer deposits. In January 2023, U.S. Bankruptcy Judge Martin Glenn ruled that the cryptocurrency deposited in Celsius Earn accounts became company property under the terms of use, involving approximately 600,000 Earn accounts and about $4.2 billion in assets.Lummis stated that the CLARITY Act also aims to provide regulatory certainty for developers, enhance investor protection, and improve market integrity. The bill will clarify the responsibilities of the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC) in different areas of the crypto market, and it has already passed the House of Representatives but has not yet passed the Senate.
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