Three Arrows Capital (3AC) co-founder Kyle Davies is facing potential contempt of court charges due to his failure to comply with a subpoena connected to the bankruptcy proceedings of the former crypto hedge fund, according to court filings from 3AC’s liquidators on June 14. The creditor’s legal team alleges that Davies is intentionally delaying the recovery of assets from the bankrupt hedge fund.
The court filings propose civil sanctions against Davies for contempt, which include the payment of attorneys’ fees and a daily fine of $10,000 until he complies with the subpoena. It is important to note that these measures do not apply to Su Zhu, the fellow co-founder of the hedge fund, due to his Singaporean citizenship, which places him outside the jurisdiction of the United States courts. This information was confirmed by Teneo, the firm serving as the liquidator in the case.
Challenges in Locating 3AC Founders and Determining Legal Jurisdiction
The subpoena was issued on Twitter on January 5 after Davies and Zhu failed to engage in asset recovery following 3AC’s filing for Chapter 15 in July 2022. Since then, creditors have accused the founders of evading the bankruptcy court.
The difficulty in locating the founders and determining their legal jurisdictions has posed significant challenges to the recovery process. Liquidators had to obtain permission from authorities in Singapore and the United States to subpoena Davies and Zhu through digital channels.
“The founders of Three Arrows, Kyle Livingstone Davies and Su Zhu […] have repeatedly defied their obligations to the Court and failed to cooperate with the Foreign Representatives’ efforts to marshal the assets of the Debtor,” stated the court document. A hearing on the motion is expected to take place in the following weeks.
According to the liquidators, instead of complying with subpoenas and information requests, the founders have deliberately neglected their responsibilities, concealed their whereabouts, and spent their time establishing a new venture focused on trading claims in cryptocurrency bankruptcy cases.
The motion also urges the United States to seek personal jurisdiction over Davies, who is believed to be in Bali. The document argues that the court should hold Davies in willful contempt and impose sanctions based on the evidence at hand.
In a recent auction, parts of 3AC’s nonfungible token collection were sold for a total of $2.5 million. However, the firm still owes creditors a significant sum of $3.5 billion. At its peak, 3AC managed an estimated $10 billion in assets.
The developments surrounding the contempt of court charges against Kyle Davies and the ongoing bankruptcy proceedings of Three Arrows Capital have raised concerns about accountability and compliance within the cryptocurrency industry. Creditors are eager to recover their investments, while the founders’ actions and attempts to evade the court’s jurisdiction continue to complicate the situation. As much as possible, legal action should be taken to address their continued run away from court proceedings.