Looks from the indictent the DOJ doesn’t have possession of the private keys, but I could be mistaken.
https://www.justice.gov/usao-edny/media/1416251/dl?inline
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Interesting. Whether or not the DOJ has the private keys to the addresses listed in the indictment; it appears those addresses may be empty anyway.
For example, The first address (the only one I bothered to check) listed in the indictment at ~20K BTC has been near zero since 2020; and completely empty for over a year.
It sounds like they think they know that this guy was using these addresses; but, since the BTC has since been moved, they may not even know which, if any, of the BTC this guy necessarily still controls the keys for. Regardless, they are filing for forfeiture so that once convicted, he'll have pay it whether he has it or not.

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