HSI Seizures of Mt. Gox Settlement
When individuals residing in the United States were paid by the Mt. Gox rehabilitation trustee, the HSI NY Cyber Division & Dark Web Task Force (HSINYCyber) and other federal agencies started seizing those assets immediately after they were awarded. HSI stands for the “Department of Homeland Security.”
The process depends on several factors including whether the seized asset was valued at $500,000 or more or less than $500,000. But either way, an experienced civil asset forfeiture lawyer at Sammis Law Firm can help you file a verified claim to get the property back quickly or help you fight the case in court.
Finding an Attorney for an HSI Seizure of the Mt. Gox Settlement
The attorneys at Sammis Law Firm are familiar with how federal agencies are targeting the assets awarded by the Mt. Gox rehabilitation trustee. Many defenses can be asserted including the statute of limitations, an innocent owner defense, and by showing there is insufficient evidence to link the seized property with the alleged violation.
During a free and confidential consultation, we can help you determine whether a “Notice of Seizure” was issued, the options available, and the best ways to fight the seizure for forfeiture.
To find out more, fill our our evaluation form on the right side of this website or give us a call at 813-250-0500.
Seizure of Mt. Gox Settlements Under $500,000
If the seized asset was worth less than $500,000, HSINYCyber was required to issue and serve a person “notice of seizure” within 60 days to initiate the administrative process for forfeiting that property. That notice explains how the Claimant can do one of the following:
- Do nothing – if the Claimant takes no action, the property is forfeited to the United States government with no chance to get it back;
- File a Petition for Remission or Mitigation – if the Claimant files a petition for remission or mitigation, the federal agency that seized the assets gets to decide whether any portion of it should be returned. Those petitions often result in a form letter send 9-18 months later that explain that none of the asset is being returned and that there is no other way to fight the forfeiture since no verified claim demanding court action was ever filed.
- File a Verified Claim for Court Action – if the Claimant files a verified claim for court action, it triggers a 90 day deadline for the AUSA to either order HSI to return the property, or the AUSA must file a complaint for forfeiture in the appropriate U.S. District Court. If the AUSA misses that deadline, then the Claimant can file a motion for return of property in the appropriate U.S. District Court.
The seizing agency must send a personal notice of seizure to you and also publish that notice of seizure on the forfeiture.gov website. In those cases, we would review the facts and likely recommend filing a verified claim for court action.
Without experienced representation, most claimants will miss a deadline, have an insufficient claim, or file it incorrect. Having an experienced civil asset forfeiture attorney can help you level the playing field so you have the best chance of getting all of the property back with the shortest delay.
Seizure of High Value Mt. Gox Settlements Over $500,000
The administrative process is not available for seized asset worth $500,000 or more (called “high value” seizures). In those cases, HSINYCyber or another seizing agency might not have issued a person “notice of seizure” or published the notice on the forfeiture.gov website. However, the Claimant can still trigger a 90 day deadline to initiate a judicial forfeiture by filing a verified claim for court action.
If the seized assets were worth $500,000 or more, eventually an Assistant United States Attorney (AUSA) will be required to file a complaint for forfeiture in the United States District Court. Even for property worth less than $500,000, court action is required if the claimant follows the instructions in the “notice of seizure” for demanding court action.
If the AUSA decides to file a complaint for forfeiture, many of those cases are expected to be filed in the United States District Court for the Southern District of New York. However, the complaint could be filed in many different jurisdictions depending on the underlying facts. The civil asset forfeiture attorney does not typically know what jurisdiction might be involved until the AUSA decided where to file the complaint for forfeiture.
Read more about seizures by HSI for forfeiture.
This article was last updated on Monday, September 22, 2025.
