KB-2024-001295 - [2025] EWHC 3000 (KB)
Fecha: 14-Nov-2025
(ii): D2 and D3
(ii): D2 and D3
D2 was born on 8 January 1997 and resides on the Isle of Wight in Hampshire. D3 was born on 28 April 1998 and resides in Nottingham.
The Holme Coinbase account was registered to D2 on 14 August 2020. He provided what is understood to be his home address in the Isle of Wight. He provided an email of [email protected].
The Holme Binance account was registered to D2 on 29 August 2020 with a different email address, namely [email protected].
In his witness statement dated 25 November 2022 D2 stated that he met D1 online while playing the ‘Call of Duty’ game and agreed to set up the two accounts for D1.
D2 said he set up the Coinbase account using his own details but using an email address which D1 had provided to him. He did so to allow D1 to trade in cryptocurrency, on the basis that he would receive a share of any profit. Shortly after he set up the Coinbase account he saw the funds arrive, which D1 said he had sent. When he tried to send funds from this account on the instructions of the D1, he was unable to, and he was told by D1 that the account had been frozen.
D2 said he also set up the Binance account at the instigation of the D1. D2 said that this time he provided a different email address, and phone number, both of which were under the control of the D1. Once the account was set up D2 logged in and saw the funds arrive; he also logged in to provide a “selfie” photo but thereafter had no involvement with the account.
The Lomax Binance account was registered to D3 on 1 April 2020. In his witness statement dated 29 December 2022 D2 said that he also met D1 online whilst playing Call of Duty. He said he agreed to open the Binance Account for D1 in exchange for £30. D3 registered the account using the email address [email protected]. Once the account was set up D3 logged in on one occasion to upload his proof of identification and a scan of his face, but did not access the account again. He played no part in the movement of cryptocurrency into the account. The only other person with access to the account was the D1. He was aware of D2 and another male called Lamar from Leicester who may have agreed to open a cryptocurrency account for the D1.
Accordingly, D2 and D3 have both admitted opening cryptocurrency accounts on behalf of D1 but having no direct involvement in the transfer of funds into or out of the accounts. Both D2 and D3 have signed documents disclaiming any interest in the funds held in the accounts.
- Heading
- Introduction
- The evidence
- The factual background in overview
- (ii): D2 and D3
- More detail on the source of the funds in the accounts
- The legal framework
- The procedural history prior to the 9 June 2025 hearing
- The Case Management Conference (“CMC”) on 18 March 2025
- Events between the CMC and 9 June 2025
- The 9 June 2025 hearing
- Proceeding in the absence of D2 and D3
- Service of the hearing papers on D1
- Events after the 9 June 2025 hearing
- The 11 November 2025 hearing
- Analysis and decision
- (ii): The location of the Property
- (iii): “Recoverable property”
- (a): The nature of the Property itself
- (b): The way the Property is held
- (c): Additional efforts undertaken to conceal the origin of the Property and its connection to the D1
- (d): The US offences
- (f): The lack of any evidence in response to the Claimant’s case
- Conclusions