KB-2024-001295 - [2025] EWHC 3000 (KB)
Fecha: 14-Nov-2025
The factual background in overview
The factual background in overview
(i): D1
D1 was born on 2June 1999. On 9 May 2023, having been extradited from Spain to the United States (“the US”), D1 pleaded guilty to conspiracy to commit computer intrusions, conspiracy to commit wire fraud, and conspiracy to commit money laundering in proceedings in the Southern District of New York.
The background to the offences was the hacking of the computer systems of a Manhattan based cryptocurrency provider, between March 2019 and May 2019, and thereafter the theft of $784,000 in cryptocurrency. This was a sophisticated cyber-intrusion, which occurred by the offenders gaining control of the mobile phones of executives of the cryptocurrency provider and using that control to access the computer systems of the cryptocurrency provider. They then stole cryptocurrency held by the company on behalf of at least two of its clients. The cryptocurrency was quickly moved through dozens of transactions before being exchanged, in part, for Bitcoin. Ultimately a portion of it was deposited in a cryptocurrency exchange account controlled by D1.
D1 also pleaded guilty to conspiracy to commit computer intrusion, two counts of committing computer intrusions, making extortive communications, two counts of stalking, and making threatening communications in separate proceedings brought in the Northern District of California.
The background to these offences was the hacking of social media accounts of high-profile individuals and then the control of these accounts to defraud members of the public into paying cryptocurrency. Blockchain analysis of the hacking revealed that between 15 and 16 July 2020, 426 transfers were made into the Bitcoin wallet set up for the funds. A total of over 12.86 BTC was obtained.
On 9 May 2023 D1 consented to a forfeiture order in the US proceedings in the sum of $794,012.64, representing the amount that he had obtained personally from committing the offence of conspiracy to commit money laundering. He admitted that the proceeds of the US offences obtained by him personally could not be located by any enforcement authority exercising due diligence.
On 25 August 2023, a restitution order was made against D1 by the Honourable Judge Jed Rakoff, a judge of the Southern District of New York. This ordered D1 to pay $2,187,716.21 to the victims of the offences.
D1 was sentenced to five years’ imprisonment, followed by three years of supervised release. He finished serving that sentence earlier this year at the Federal Correctional Institution facility in Allenwood, Pennsylvania.
On 13 April 2025 D1 was removed from the US to the United Kingdom (“the UK”), via a flight into London Heathrow Airport. I was informed that he is now living back in Spain.
- 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