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Interesting legal development is happening within Arbitrum DAO.
The question of who controls the 30,765 ETH frozen after the rsETH breach has turned into a much more complex situation than expected.
A lawyer representing victims of North Korean terrorism has served a notice of negative determination in New York to Arbitrum DAO, claiming that these funds are property linked to the DPRK.
The filing is involved in three federal enforcement cases related to long-standing judgments totaling approximately $877 million against North Korea.
The debate here essentially presents a choice between the interests of two different groups of victims.
On one side are rsETH depositors; on the other are families harmed by terrorist acts identified as supported by North Korea.
In lawyer Charles Gerstein’s application, he argues that because Lazarus Group is associated with the North Korean state, the ETH in question should be classified as DPRK property under U.S. sanctions laws.
Gerstein’s case includes three main lawsuits.
One relates to the 1972 Lod Airport Massacre; in that attack, armed individuals in Israel killed 26 people, and an American court found it was supported by North Korea.
The other cases involve the kidnapping of Pastor Kim Dong Shik and North Korea’s provision of weapons during the 2006 Israel-Hezbollah war.
The plaintiffs won these cases, but North Korea never paid.
Now, families are trying to locate any DPRK assets to satisfy unpaid court judgments.
Among Arbitrum delegates, there are differing opinions.
Some, like Zeptimus, argue that the ETH is stolen property and should be returned to the original rsETH depositors.
According to basic property law, a thief cannot acquire ownership rights.
In this view, it would be unfair to burden North Korea’s debt on a different victim group that has been robbed.
On the other hand, Aave users’ daily interest costs are also a significant issue.
Entropy Advisors is calling for a vote to cover these costs.
Meanwhile, Axia raises questions about the scope of insurance.
Ultimately, Arbitrum DAO faces a difficult choice:
Should it protect DeFi users who cannot close their positions, or help deliver justice to victims of terrorist acts dating back decades?
Both sides have legitimate claims, but the DAO has limited resources.