Further analysis of the ongoing MDL proceedings (Case 1:23-md-03076-KMM, Document 1106) highlights a clear technical path for fair asset distribution. The full document can be reviewed here: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648382/gov.uscourts.flsd.648382.1106.0.pdf

This proposed framework documents a methodology using CoinGecko pricing (as of May 14, 2026) to calculate claims and compensate for losses that were not fully addressed by initial bankruptcy recovery efforts.

The strategic opportunity for the DOJ:
While this MDL framework is pending court approval, it provides a validated technical basis for how restitution could be calculated. We hope this analysis assists the DOJ in its efforts to expedite fair restitution by adopting this rigorous pricing logic for criminal forfeiture distribution.

Crucial Distinction:
The DOJ must recognize that civil MDL settlements are not a substitute for criminal restitution. Civil settlements are subject to extensive administrative delays, legal fees, and the exhaustion of funds through secondary market claim buyers, risks that criminal forfeiture can avoid through direct, priority-based distribution. Criminal forfeiture is an independent mandate. We urge the DOJ to seize these specific crime proceeds, namely SpaceX and Anthropic, to ensure that the actual value stolen from retail victims is returned directly to them without the dilution inherent in civil settlement or bankruptcy "waterfalls."

We suggest the DOJ improves upon this model: The current MDL framework does not differentiate between original defrauded customers and speculative third-party claim buyers. It is vital that the DOJ, in exercising its criminal forfeiture authority, applies specific filters to prioritize original retail victims, explicitly excluding speculative entities that purchased distressed accounts post-collapse.

The DOJ has the mandate to act; using this pricing logic while adding the necessary victim-first filters would ensure that justice reaches the actual victims of this financial crime.