A New York judge has ordered supplemental briefings because Aave did not adequately outline how compounding losses could occur if the restraining notice remains in place. A New York judge has delayed a decision on Aave’s emergency bid to unfreeze $71 million worth of crypto tied to victims of the $293 million Kelp DAO hack, asking for additional information ahead of a new hearing in June. Aave has sought to use $71 million in ETH that Arbitrum froze to assist with recovery efforts following the Kelp DAO hack, one of the worst DeFi hacks this year. However, US law firm Gerstein Harrow LLP filed a restraining notice at the start of May, arguing its clients have a claim to the funds. Aave then filed an emergency motion to get the funds unlocked, arguing that user liquidations and potential DeFi market destabilization could occur if the funds are not unlocked soon. Read more
A Manhattan judge modified a restraining notice to let Arbitrum DAO move $71 million in frozen Ether to Aave, while preserving terrorism victims’ legal claim on the funds. A Manhattan federal judge has allowed Arbitrum DAO to move $71 million in frozen Ether to Aave, clearing the path for the DeFi protocol’s recovery effort following a North Korea-linked exploit. Judge Margaret Garnett of the Southern District of New York issued the order on Friday, modifying a restraining notice that had locked the assets inside Arbitrum DAO. The modification permits an onchain governance vote to send the funds to a wallet controlled by Aave LLC, and explicitly protects anyone who participates in the transfer from being held in violation of the freeze. The order still keeps the terrorism victims’ legal claim on the funds, meaning Aave can’t use the funds freely and could be forced to hand them over if the court ultimately rules in the terrorism victims’ favor. Read more
Aave argued that a thief doesn’t gain lawful ownership of property by stealing it and that Gerstein Harrow’s legal argument “defies logic, common sense and the law.” Decentralized finance protocol Aave filed an emergency motion on Monday in New York to vacate a restraining notice from a US law firm aimed at blocking Arbitrum DAO from transferring 30,766 frozen Ether to the victims of the Kelp exploit. Gerstein Harrow LLP served Arbitrum DAO with a restraining notice on Friday, arguing its clients are owed over $877 million in default judgments against North Korea. The law firm claims the North Korean hacker group behind the Kelp exploit had possession of the tokens, giving its clients a legal claim over the Ether. Aave filed the emergency motion in a New York district court, arguing that a thief doesn’t gain lawful ownership of property by stealing it. It also argued that North Korea is only suspected of being part of the theft, and that the law firm's argument “defies logic, common sense and the law.” Read ...