Samourai Bitcoin Sale Raises Alarms Over U.S. Reserve Policy
- Bitcoin forfeited in the Samourai plea moved from custody with no remaining balance.
- The Executive Order 14233 directs the confiscated Bitcoin to remain held in custody.
- The sale reflects tension among legacy forfeiture systems and an emerging reserve framework.
The U.S. Marshals Service has reportedly sold 57.55 Bitcoin worth approximately $6.3 million tied to the Samourai Wallet case, despite a standing federal order to retain forfeited Bitcoin.
The transaction occurred under the direction of the U.S. Department of Justice, according to public blockchain records and reporting. The sale raises immediate questions about compliance with Executive Order 14233, which mandates that forfeited bitcoin remain held within the U.S. Strategic Bitcoin Reserve.
The Bitcoin came from a guilty plea reached by Samourai Wallet developers Keonne Rodriguez and William Lonergan Hill. Both defendants agreed in November 2025 to forfeit digital assets valued at roughly $6.37 million tied to money transmission and laundering charges. Instead of remaining in government custody, the bitcoin later moved through a Coinbase Prime address and showed a zero balance afterward.
The episode surfaced publicly after journalist Frank Corva flagged the transaction on X. Corva wrote that the SDNY and DOJ appeared to sell bitcoin covered by Executive Order 14233. He added that similar tensions had already surfaced earlier in the Samourai prosecution.
Legal Basis of the Forfeiture and Reserve Mandate
The Samourai forfeiture occurred under 18 U.S. Code § 982(a)(1). That statute requires forfeiture of property involved in violations of 18 U.S. Code § 1960. Section 1960 governs unlicensed money transmitting businesses under federal law.
Section 982 incorporates 21 U.S.C. § 853(c), which governs criminal forfeiture transfers.
That provision allows forfeiture of property transferred beyond the defendant.
The bitcoin forfeited by Rodriguez and Hill, therefore, qualifies as property forfeited to the United States.
Executive Order 14233 defines such assets as “Government BTC.” The order directs agencies to retain government-held bitcoin rather than liquidate it. No language in § 982 or § 853 mandates conversion of forfeited Bitcoin into cash.
Friction Between Policy Direction and Agency Practice
Federal forfeiture statutes cited in the order include 31 U.S.C. § 9705 and 28 U.S.C. § 524(c). Those laws regulate how forfeiture proceeds get deposited and used. They do not require agencies to sell forfeited property rather than hold it in kind.
Historically, the USMS has liquidated seized assets through established disposal frameworks.
Those practices aim to fund enforcement costs and restitution pools. Executive Order 14233 introduced a different directive focused on long-term strategic custody.
This divergence has drawn scrutiny from legal observers and digital asset analysts. They point to a policy-execution gap between federal agencies. The gap reflects unresolved friction between legacy forfeiture processes and emerging reserve policy.
Broader Implications Inside the Samourai Case
The Samourai prosecution unfolded in the Southern District of New York. That district previously faced criticism during the same case. Critics alleged prosecutors disregarded regulatory guidance related to wallet software.
Specifically, guidance from the Financial Crimes Enforcement Network suggested non-custodial wallets may not qualify as money transmitters. Prosecutors continued the case despite that interpretation. The forfeiture sale now adds another point of contention.
Market observers note the 57.55 BTC amount remains small relative to the total global supply. Yet the precedent carries weight for federal crypto policy credibility.
