Kraken’s parent company sues former custody partner Etana, accusing it of misappropriating over $25 million in customer funds

According to CoinDesk, Payward—the parent company of Kraken—filed a second amended complaint in the U.S. District Court for the District of Colorado against its former custody partner Etana Custody and its CEO, Dion Brandon Russell, alleging misappropriation of over $25 million in customer funds and operation of a “Ponzi scheme.” Payward claims that Etana commingled custodial assets with its own funds to cover operating expenses and make high-risk investments, while using false account statements to conceal the resulting funding shortfall. In April 2025, when Kraken attempted to withdraw approximately $25 million in reserve funds, Etana delayed the withdrawal, citing fabricated reconciliation issues, and instead relied on new deposits to fill the gap. At least $16 million of the misappropriated funds was invested in promissory notes issued by Seabury Trade Capital, which later defaulted. Subsequently, Colorado state regulators issued a cease-and-desist order against Etana, which entered liquidation proceedings in November 2025 and is now under the management of a court-appointed receiver. Kraken is seeking at least $25 million in damages, plus treble civil theft penalties.