That triggered an emergency legal fight.

Aave moved earlier this week to vacate the restraining notice, arguing the assets belong to innocent users, not North Korea, and warning that continued delays risk “cascading liquidations” and broader instability across decentralized finance markets.

Gerstein fired back Tuesday, arguing the exploit was not theft but fraud, meaning the attackers obtained legal title to the ETH by deceiving Aave’s lending markets with worthless collateral.

Friday’s governance vote does not mean the funds move immediately.

Because the measure was structured as a Constitutional AIP under Arbitrum’s governance framework, the transfer cannot be executed for at least eight days, giving the Manhattan court time to intervene before any ETH moves.

Arbitrum delegates were also not voting blindly to the legal risk. The proposal included indemnification protections for the Arbitrum Foundation, Offchain Labs, Security Council members, and governance delegates against certain claims arising from either freezing or releasing the ETH, underscoring how unusual the stakes around the vote had already become.

Speaking at Consensus Miami this week, Aave Labs Chief Legal and Policy Officer Linda Jeng said the exploit had already forced the protocol to rethink its risk framework, expanding collateral standards beyond financial metrics to include cybersecurity, interoperability, and technical architecture reviews.

Jeng, who worked as a regulator during the 2008 financial crisis, drew a contrast with traditional finance’s taxpayer-backed rescues.

“In the financial crisis, we had to bail out the banks,” she said. “Here, we came together as an ecosystem to bail ourselves out.”

More For You

Brick wall (Michael Laut/Pixabay)

CryptoQuant says traders are cashing out into strength, Enflux ties the move to easing Hormuz tensions, while Glassnode argues bitcoin has reclaimed key levels needed for a broader recovery.

What to know:

  • Bitcoin briefly broke above $80,000 before slipping back as on-chain data showed heavy profit-taking, especially from short-term holders.
  • Analysts are split on the move, with CryptoQuant and Enflux framing it as a fragile, macro-driven relief rally while Glassnode sees early signs of a structural recovery but not a clean breakout.

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