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The United States Department of Justice (DOJ) has filed an appeal to review a New York judge’s decision to approve the sale of bankrupt crypto lender Voyager’s assets to the American affiliate of crypto exchange Binance in a $1 billion deal.
According to a court document, the appeal was filed Thursday evening at the United States Bankruptcy Court for the Southern District of New York through the office of the U.S. Trustee.
DOJ Appeals Judge Wiles’ Approval of Voyager’s Plan
Recall that Judge Michael Wiles recently approved the Voyager-Binance U.S. deal despite opposition from U.S. regulators.
CryptoPotato reported earlier this week that the judge ruled in favor of Voyager’s proposed plan to sell its assets to Binance.US to maximize value for its stakeholders and creditors.
The deal has been opposed severally by the U.S. Securities and Exchange Commission (SEC) as the regulator believes the transaction could involve the sale of unregistered securities.
During the SEC’s second objection filing, the agency requested that the deal be turned down as it was investigating whether Voyager violated anti-fraud federal securities laws. The Commission also disclosed that Binance was being investigated for money laundering rule violations.
It is worth noting that Voyager’s assets cannot be sold without final approval from the SEC and the Committee on Foreign Investment in the United States (CFIU). Both entities currently oppose the plan.
While approving the deal, Judge Wiles criticized the SEC and DOJ, stating that they seemed unsure of the legal repercussions of the execution of the plan, as they failed to provide definitive answers when asked about the reasons behind their opposition at a previous hearing.
A Possible Liquidation
Peter M. Aronoff, an attorney for the DOJ, stated on the day of the approval that his team was considering an appeal against the judge’s order.
If the appeal is granted and Judge Wiles’ decision revoked, the only option left for Voyager would be to liquidate itself. Unfortunately, the liquidation would bring in fewer returns than the asset-sale plan.
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