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Swan Bitcoin Sued Over Alleged $1B Asset Transfers Ahead of Prime Trust's 2023 Bankruptcy
Electric Solidus, Inc., which operates as Swan Bitcoin, has been named as a defendant in a newly filed case in the Delaware Bankruptcy Court that seeks to claw back nearly $1 billion in cryptocurrency tied to Prime Trust's 2023 collapse, according to CoinDesk.
The complaint was brought by the PCT Litigation Trust, an entity created to distribute assets connected to Prime Core Technologies and to pursue litigation. It alleges Swan avoided major losses by using "unparalleled insider information" to move both fiat and crypto out of Prime Trust before the firm was forced to shut down and later enter bankruptcy proceedings.
The lawsuit, first reported by Blockspace, claims Swan transferred assets worth close to $1 billion at current prices, including 11,992 bitcoins now valued at about $917 million, which the filing says should be treated as property of Prime's debtors.
Prime Trust was ordered to cease operations by Nevada regulators in June 2023 after the firm was found to be insolvent and unable to serve customers, with a trustee taking control. In August 2023, the trustee sought Chapter 11 protection as financial pressures mounted. Early regulatory filings indicated Prime Trust owed customers up to $82 million in missing fiat deposits.
While transfers made shortly before a bankruptcy filing can often be recovered under the standard 90-day "preference" lookback period, the lawsuit alleges Swan took steps intended to reduce the chances of recovery. The complaint says Swan concluded that exiting its Prime Trust relationship could expose it to significant priority-claim liability and acted to limit that risk.
The filing also points to a relationship involving a "senior executive" at Prime who allegedly served as a paid external consultant to Swan. Court documents allege the executive's role provided access to internal, nonpublic information and that the individual conducted encrypted communications with Swan CEO Cory Klippstein ahead of interactions with Nevada regulators. The complaint states that on May 25, 2023, during those communications and a day before Prime met with the Nevada FID, Swan informed Prime it wanted to transfer all of its business away from the firm.
The lawsuit lists exposure that includes about $22.4 million in U.S. dollars, $5 million in U.S. dollar stablecoins, and 91,444 XRP tokens, described as roughly $126,000 worth of Ripple tokens.
A Swan Bitcoin representative told Blockspace that Prime Trust holds customer assets in individual trust accounts and argued the bankruptcy trustee is attempting to seize assets held by a party that never received them. The representative said customer assets held in trust are not subject to claims by general unsecured creditors and said the company expects the court to reach the same conclusion. Swan has not responded to Decrypt's request for comment.