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杜国栋|从美国没收150亿美元比特币案看跨境执行比特币的新格局
Sou Hu Cai Jing· 2025-10-20 12:36
Core Viewpoint - The article discusses the increasing frequency of Chinese creditors discovering that debtors are transferring assets abroad through complex offshore structures or cryptocurrencies to evade responsibility, highlighting a significant case involving the seizure of approximately $13.4 billion in Bitcoin from Cambodian businessman Chen Zhi by the U.S. Department of Justice, which challenges the notion of cryptocurrency anonymity [1][3][8]. Group 1: Asset Recovery Practices - Chinese creditors are facing challenges as debtors utilize offshore companies and cryptocurrencies to hide assets, particularly through jurisdictions like the British Virgin Islands and the Cayman Islands [1]. - The case of Chen Zhi, who was accused of operating a forced labor scam and money laundering, marks the largest asset seizure in U.S. history, with 127,271 Bitcoins confiscated [3][4]. - The seizure of Chen Zhi's assets indicates that cryptocurrencies, previously thought to be untraceable, can be tracked and seized through legal means [5][8]. Group 2: Legal and Technical Insights - The U.S. Department of Justice's success in seizing Chen Zhi's assets may be attributed to vulnerabilities in the security of his unhosted wallets, which were susceptible to hacking due to weak random number generation [4][5]. - The distinction between hosted and unhosted wallets is crucial; while hosted wallets are managed by third parties, unhosted wallets require users to manage their private keys, which can lead to security risks [5][6]. - The article emphasizes that the anonymity of digital assets does not equate to being untraceable, as law enforcement can utilize on-chain analysis and other investigative techniques to track asset movements [5][8]. Group 3: Implications for Creditors - The Chen Zhi case illustrates that Chinese creditors can pursue asset recovery through international arbitration and court orders, enabling them to request information from exchanges regarding wallet holders [6]. - Even if debtors use unhosted wallets to transfer assets, creditors can still leverage on-chain data analysis and criminal reporting to prompt law enforcement intervention [7]. - The evolving landscape of asset recovery indicates that cryptocurrencies are becoming a new battleground for legal intervention, with the potential for increased cross-border cooperation and enforcement capabilities for creditors [8][9].
恒大退市不影响二把手“外润”,住美国豪宅,1.7亿资产转给妻子
Sou Hu Cai Jing· 2025-08-16 05:20
Core Viewpoint - Evergrande, once a dominant player in the real estate sector, is now mired in debt and has faced significant legal and financial challenges, including the forced measures against its controlling shareholder and its eventual delisting from the stock market, which has severely limited its options for debt restructuring [1][3]. Group 1: Financial and Legal Challenges - Evergrande's controlling shareholder was taken into custody in September 2023 due to criminal allegations, exacerbating the company's financial woes [1]. - The company's failure to meet the requirements for resuming trading led to its delisting, effectively blocking the common debt-to-equity swap strategy used by distressed firms [1]. - The pursuit of assets from Evergrande's executives, particularly in light of confirmed financial fraud, has become a focal point for creditors hoping to recover some funds [3]. Group 2: Asset Recovery and Legal Proceedings - Former Vice Chairman Xia Haijun, known for his substantial salary, is under scrutiny for not disclosing overseas assets, raising concerns about potential asset transfers [6]. - Xia Haijun's wife, who has significant overseas assets, including three luxury homes in California and four high-end vehicles, has drawn public attention, especially given the timing of her property purchases amidst Evergrande's crisis [6][8]. - The total estimated value of the assets held by Xia Haijun's wife is around $24 million, highlighting the stark contrast between the executives' fortunes and the plight of ordinary creditors [10]. Group 3: Broader Implications - The situation reflects the decline of a once-thriving business empire and serves as a cautionary tale about corporate responsibility and the consequences of financial mismanagement [12]. - The ongoing legal battles over asset recovery will test the effectiveness of international legal cooperation and the pursuit of justice in complex financial cases [10][12].