
Dutch prosecutors sold seized crypto from bankrupt platform Knaken for $2.5M, covering roughly 17% of $12-14M in client deposits. The sale now faces a legal challenge.
Dutch prosecutors have sold the seized cryptocurrencies from Knaken, a Rotterdam-based platform declared bankrupt on July 16 by a Rotterdam court, raising $2.5 million (€2.2 million) for distribution among creditors.
The court-appointed trustee, Carl Hamm, said customer deposits on the platform ran to somewhere between $12 million and $14 million. The crypto sale proceeds represent the only asset in the bankruptcy estate. Hamm wrote to roughly 6,300 customers asking them to temper their recovery expectations.
The shortfall has a structural explanation that will look familiar to anyone who has followed crypto exchange collapses. For every €100 worth of Bitcoin that a customer bought, Knaken charged €1 in commission and purchased a €99 position on a separate exchange in its own name. What customers saw in their accounts was a cryptocurrency balance. What they actually held in law, Hamm said, was a euro-denominated claim against a company that operated without a regulatory license and that, according to Hamm, had mixed client funds with its own operating expenses for years.
That structure means Knaken customers are unsecured creditors in a bankruptcy with a recovery rate of roughly 17% to 21% of their deposits, assuming the $2.5 million sale price is the final distribution pool. The actual recovery could shrink further if legal costs or creditor challenges eat into the estate.
A lawyer representing one affected client has publicly questioned whether prosecutors had the authority to sell the crypto assets. The lawyer compared the sale to a garage bankruptcy liquidating its customers' cars. Prosecutors said they acted under a provision that permits the sale of seized assets susceptible to losing value. They did not elaborate on which provision applied or whether a court pre-approved the sale.
The legal challenge could delay distributions or force a clawback if a court later finds the sale was improper. In the meantime, the crypto has been converted to euros, removing any chance customers could benefit from a market rally before the estate is wound up.
Knaken sponsored Dutch football clubs including Feyenoord, Sparta and Ajax before its collapse. Hamm said the company never reported its financial difficulties to the Dutch central bank, the De Nederlandsche Bank, which would have been required if Knaken had held a license. Knaken did not hold one.
The case illustrates the gap between how crypto platforms present themselves to customers and the legal reality of how they hold assets. Under Dutch insolvency law, customers whose crypto was not held in a segregated account with the legal title passing to them are simply creditors. The platform's failure to segregate client funds and its practice of buying crypto in its own name meant the assets on the exchange were legally the property of Knaken, not its customers.
European regulators under the Markets in Crypto-Assets regulation are working on rules that would require platforms to hold client crypto in a segregated manner. Knaken's collapse, which predates full MiCA enforcement, shows what happens when no such rule is in place. Customers who thought they held Bitcoin in fact held a claim against a company with no license, no reserves, and a single asset pool that covered less than a fifth of what they deposited.
Hamm's letter to customers did not specify a timeline for the final distribution. The legal challenge over the sale authority is expected to be heard in court in the coming months.
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