BitMEX clients are looking for the return of 622.66 Bitcoin in a proposed class motion that accuses the change of engineering liquidations and retaining merchants’ collateral. The grievance, filed July 23 within the Southern District of New York, arrived as BitMEX started a regulator-approved wind-down forward of its September closure.
BKX Companies Inc. alleges it misplaced a minimum of 305.809 BTC via BitMEX liquidations in 2018, whereas David Namdar claims 316.856 BTC in losses from 2019 to 2020. Collectively they search the cash themselves, somewhat than solely their greenback worth, beneath claims for replevin and fraud.
The go well with names BitMEX operator HDR International Buying and selling Restricted and 4 affiliated firms: ABS International Buying and selling Restricted, 100x Holdings Restricted, Shine Effort Inc Restricted and HDR International Companies (Bermuda) Restricted. Co-founders Arthur Hayes, Samuel Reed and Benjamin Delo are additionally defendants, together with Gregory Dwyer.
The plaintiffs allege BitMEX’s liquidation engine closed positions when unrealized losses reached about half of the collateral merchants had posted. In accordance with the submitting, that left collateral price roughly twice the losses, however BitMEX seized the rest and transferred it to its Insurance coverage Fund as an alternative of returning it.
The grievance additional alleges that an undisclosed inner buying and selling desk might see buyer positions, hidden orders and liquidation factors. It claims the desk used anonymized accounts and will proceed buying and selling throughout server freezes that locked odd clients out, whereas additionally buying and selling on reference exchanges to induce worth strikes that triggered liquidations. The allegations haven’t been confirmed in courtroom.
BitMEX CEO Peter Wilkinson rejected the case in feedback to Benzinga, calling it “spurious and opportunistic” and saying the corporate would defend itself vigorously.
The submitting revisits conduct coated by an earlier BitMEX class motion introduced in 2020 beneath the Commodity Alternate Act. That case was voluntarily dismissed with out prejudice in June 2025, with no ruling on the deserves. The brand new motion as an alternative pleads replevin and fraud and argues that the sooner case paused the relevant limitations interval.
The Monetary Companies Authority of Seychelles mentioned HDR voluntarily withdrew its pending virtual-asset licence software on July 23. The regulator-approved plan limits HDR to winding down operations, closing positions and returning client-held belongings earlier than change companies stop on Sept. 23.
BitMEX’s closure discover says customers will retain entry after that date to view balances and withdraw funds, and the corporate says its belongings exceed its liabilities. The wind-down plan covers client-held belongings however is silent on Bitcoin disputed via historic liquidations, so the shutdown provides urgency to the possession query with out establishing that jurisdiction, the case or restoration has been impaired.
