Judgment handed down in ChainSwap v Persons Unknown: the first BVI freezing order against persons unknown concerning crypto fraud
The BVI Commercial Court has today (4 May 2022) handed down its judgment in ChainSwap v Persons Unknown.
In the first decision of its kind in the BVI, a blockchain-services provider, which was the victim of two crypto hacking attacks, obtained a freezing injunction against unknown hackers. The court also permitted the applicant to serve the respondents outside the jurisdiction by alternative methods and issued a letter of request to the Croatian authorities seeking its assistance in obtaining information that would reveal the identity of the hackers. Our previous blog on the ChainSwap decision is available here.
The judgment provides an overview of the facts, which involved the hackers seeking to obfuscate the source of the stolen tokens by using Tornado Cash (a mixer or "tumbler"). The court was satisfied that ChainSwap had, with the assistance of a report from Kalo, established a good arguable case that it had identified the wallet that had received the tokens out of Tornado Cash, which then appears to have "off-ramped" using a centralised exchange in Croatia. The decision demonstrates how the court is able to adapt familiar remedies to deal with novel challenges.
The judgment available is here.