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Arbitrum DAO begins a binding vote on May 15 to transfer $71 million in disputed ETH to Aave following a major hack, amid competing legal claims from creditors.
Arbitrum delegates will begin a binding governance vote on May 15 to transfer 30,765 ETH—valued at approximately $71 million—from a Security Council wallet to an address controlled by Aave LLC [1]. The move is a direct response to an April 18 exploit that drained roughly 116,500 rsETH via a compromised LayerZero bridge, leaving a significant shortfall in reserves across multiple lending protocols [2].
The proposed transfer is the result of a Constitutional Arbitrum Improvement Proposal (AIP) filed on April 25, which seeks to use the recovered funds to restore collateral backing for rsETH holders [2]. If the vote passes, the assets will be held in a 2-of-3 Gnosis Safe managed by Aave Labs, KelpDAO, and Certora [2]. While the funds are intended for remediation, they will remain subject to strict legal restrictions and cannot be deployed or transferred by Aave LLC without further court permission [1].
The governance process is complicated by a parallel legal battle in a Manhattan court. U.S. terrorism judgment creditors, who hold $877 million in unpaid awards against North Korea, are attempting to claim the funds [1]. These creditors argue that the assets are linked to North Korea’s Lazarus Group, which blockchain forensics firms have widely attributed to the original exploit [1]. Aave disputes this, maintaining that the ether belongs to the DeFi users harmed by the hack rather than the attackers [1]. The court has ordered that the Arbitrum DAO vote proceed, provided that the restraining notice sought by the terrorism creditors is respected [1].
This situation serves as a test for Arbitrum’s governance, requiring token holders to navigate the intersection of emergency protocol powers and external legal mandates [2]. The outcome will determine whether the recovered capital can be used to stabilize the affected DeFi markets or if it will remain frozen under the weight of competing ownership claims.
The vote represents a critical juncture for the protocols involved, as the release of these funds is seen as a necessary step to reduce impairment on rsETH and ease pressure on interconnected lending platforms [2]. Whether the DAO’s decision will satisfy both the court’s requirements and the needs of the affected DeFi community remains the central uncertainty.
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