The case of Kirshenberg v Schneider, dated May 10, 2023, involved an urgent ex parte motion where plaintiff Aaron Kirshenberg sought legal actions against defendant Daniel Schneider, concerning cryptocurrency and digital assets. The plaintiff had requested a preservation order for the digital assets within a digital wallet, a worldwide Mareva injunction, and an Anton Piller order. The latter had sought specific provisions to halt the transfer of cryptocurrency from the digital wallet before its preservation.
Before the court, the plaintiff had raised three key issues. Firstly, whether an interim ex parte order should be granted for preserving the cryptocurrency wallet and its contents, up to $300,000 USD. Secondly, whether a Mareva injunction should be imposed to restrict the defendants' asset transactions and freeze their accounts in designated banks. Lastly, whether the court should approve an Anton Piller order allowing entry to Schneider's premises to identify evidence and assets, including cryptocurrency. It also questioned whether Schneider should be summoned to court for inquiries related to cryptocurrency.
Ultimately, the court granted the preservation order but declined to issue the Mareva injunction. The Anton Piller order was granted with certain modifications. These adjustments were made in consideration of the necessity to prevent further cryptocurrency transfers from the digital wallet and to ensure the proper preservation of evidence.