UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES,
Plaintiff,
v. Civil Action No. 1:25-cv-02085 (CJN)
ALL VIRTUAL CURRENCY HELD IN
THE BTC-E OPERATING WALLETS AS
OF JULY 25, 2017, AND OTHER ASSETS
FURTHER DESCRIBED HEREIN,
Defendant,
&
ARON OPTHUN, et al.,
Claimants.
ORDER
Upon consideration of the entire record in this case, the Court resolves certain outstanding
issues and motions as follows. Starting with notice, the government intends to conduct another
round of direct notice by sending emails to approximately 300,000 email addresses associated with
accounts that had a positive balance when the government seized BTC-e’s servers in 2017. ECF
384 at 3–6. Although certain claimants oppose the government’s plan, the Court declines to
preclude this effort. Among other things, Supplemental Rule G(4) uses mandatory and capacious
language when describing the government’s notice obligations. See Fed. R. Civ. P. Supp.
R. G(4)(b)(i) (“The government must send notice of the action and a copy of the complaint to any
person who reasonably appears to be a potential claimant on the facts known to the government
before the end of the time for filing a claim under Rule G(5)(a)(ii)(B).” (emphases added)). And
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the finality of any settlement or judgment in this case could be in jeopardy if the notice provided
thus far is later determined to be insufficient. To minimize the risk of delay and prejudice that
could result from the government’s proposed course of action, the Court will require the
government to file monthly status reports about its progress.
As for the timeliness of claims, the government has “withdraw[n] its opposition to pending
motions for leave to file late claims (Dkts. 317, 321, 332, 361, 368) and has determined not to
move to strike late claims that have already been filed in this case.” ECF 384 at 8–9. The Court
therefore grants the motions of those claimants who sought leave to file late claims. See ECF 293;
ECF 309; ECF 311; ECF 315; ECF 320; ECF 327; ECF 331; ECF 339; ECF 359; ECF 391.
Because the Court allows Michael William Charles Haworth to file a late claim, it denies as moot
his Motion for Leave to File Supplemental Declaration and Exhibits, ECF 322.
Several other outstanding motions can also be resolved now. Given that this Order and the
Court’s recent Minute Order setting initial discovery-related deadlines have set new expectations
for how this case will proceed, see Min. Order of July 29, 2026, the Court denies discovery-related
motions that were filed earlier in the case.1 See ECF 32; ECF 352; ECF 353; ECF 363; ECF 375.
These denials are without prejudice to renewal, so the Parties may refile such requests, if
appropriate, as discovery progresses. As for the motions for leave to file certain materials under
seal, the Court grants those motions for good cause shown and a lack of opposition. See ECF 143;
ECF 145; ECF 182; ECF 187; ECF 210; ECF 335. The Court also denies Olga Solodina’s Motion
for Return of Property, ECF 313, because she fails to cite any legal basis for her motion, and the
Court denies as moot Kevin Reilly’s Motion to Condition a Further Stay on Commencement of
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That the claimants filed these motions before conferring with the government, as required by Local Civil Rule 7(m) and the Standing Order, ECF 4 at 1, also supports denial.
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Good-Faith Settlement Discussions, ECF 355, and Sang Rai Kang’s Motion for Joinder, ECF 360.
Finally, the Court grants Nobuaki Kobayashi’s Motion for Leave to File Supplemental Response,
ECF 390, insofar as it adds relevant information to the record.
The Court will require the government to clarify its position on the remaining motions
before taking action on them. The motions for which the Court seeks clarification are Sang Rai
Kang’s Motion for Jury Trial, ECF 163; Remco Hereijgers’s Motion for Leave to File Answer Out
of Time, ECF 300; and the government’s own Motion to Strike the Claim of Sergey Mayzus, ECF
369. The government shall submit a Status Report (separate from the ones about notice) that states
its current position on these motions.
Accordingly, it is hereby
ORDERED that the government shall file a Status Report on or before September 15,
2026, and every 30 days thereafter, about the status of the additional round of notice until it is
completed; and it is further
ORDERED that Dominik Buechsel’s, Simon Haigh’s, Martin Spargo’s, Michael William
Charles Haworth’s, Louis Papaloizou’s, Charles Edward Small’s, Paul Resch’s, Irwin Bin
Ahmad’s, and Timothy Renzetti’s Motions for Leave to File Late Claims, ECF 293; ECF 309;
ECF 311; ECF 315; ECF 320; ECF 327; ECF 331; ECF 339; ECF 359; ECF 391, are GRANTED;
and it is further
ORDERED that Michael William Charles Haworth’s Motion for Leave to File
Supplemental Declaration and Exhibits, ECF 322, is DENIED as moot; and it is further
ORDERED that Sang Rai Kang’s Motion to Compel First Set of Interrogatories, ECF 32;
Kevin Reilly’s Motions for Disclosure and Limited Discovery, ECF 352; ECF 353; ECF 375; and
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Paige Hopkins’s Motion to Produce Account Records, ECF 363, are DENIED without prejudice
to renewal; and it is further
ORDERED that Jonas Paasch’s, Eric Maxey’s, Travis Oslen’s, Hae Young Kwon’s, Jason
Little’s, Matthew Williams’s, and Charles Edward Small’s Motions for Leave to File Documents
Under Seal, ECF 143; ECF 145; ECF 182; ECF 187; ECF 210; ECF 335, are GRANTED; and it
is further
ORDERED that the Clerk of Court shall seal Hae Young Kwon’s Verified Claim, ECF
155, and Hae Young Kwon shall file a redacted version of the Verified Claim on the public docket;
and it is further
ORDERED that Olga Solodina’s Motion for Return of Property, ECF 313, is DENIED;
and it is further
ORDERED that Kevin Reilly’s Motion to Condition a Further Stay on Commencement
of Good-Faith Settlement Discussions, ECF 355, and Sang Rai Kang’s Motion for Joinder, ECF
360, are DENIED as moot; and it is further
ORDERED that Nobuaki Kobayashi’s Motion for Leave to File Supplemental Response,
ECF 390, is GRANTED; and it is further
ORDERED that the government shall file a Status Report on or before August 28, 2026,
that clarifies its position regarding Sang Rai Kang’s Motion for Jury Trial, ECF 163; Remco
Hereijgers’s Motion for Leave to File Answer Out of Time, ECF 300; and its own Motion to Strike
the Claim of Sergey Mayzus, ECF 369.
DATE: August 13, 2026
CARL J. NICHOLS
United States District Judge
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