The vote settles where the funds will go, approving their transfer to a 3-of-4 Gnosis Safe controlled by representatives from Aave, KelpDAO, EtherFi, and Certora, to be used exclusively for the rsETH recovery effort.
But a restraining notice filed on May 1 in the Southern District of New York now clouds the execution path.
"The honest answer is: technically possible, but practically suicidal for anyone whose name is on the execution," Yuriy Brisov, partner at Digital & Analogue Partners, told Decrypt, when asked whether the restraining notice makes execution legally impossible.
"The New York Court of Appeals decided in Aspen Industries v. Marine Midland Bank that a restraining notice 'serves as a type of injunction,'" Brisov said. "CPLR §5251 then makes the consequence explicit: refusing to obey it is punishable as contempt of court."
"Once those persons have actual knowledge of the notice, moving the ETH is contempt,” the expert added.
The indemnity “does not cover contempt liability,” meaning anyone executing the transfer could face being held in contempt of court, and the “realistic question,” Brisov said, is whether anyone in the U.S. would take that risk—explaining why Aave is challenging the freeze on its merits rather than arguing the chain is beyond U.S. reach.
On whether a favorable ruling would restore execution, Brisov said “for this specific transfer, yes,” but not more broadly, explaining the case hinges on the Security Council’s April 21 action that “proved… a control point exists”—meaning even if the freeze is lifted, “future plaintiffs now have a roadmap” for similar claims.
“Lifting one notice does not lift the visibility of the architecture that invited it,” he said.
Lifting the freeze “removes the most immediate obstacle,” but the vote isn’t self-executing, Alice Frei, head of legal and compliance at OMI, told Decrypt, noting the release still depends on full governance steps and ongoing legal risk, as plaintiffs may continue to challenge whether the ETH is “attachable property,” meaning even a win for Aave won’t guarantee a “clean run” to execution.
