Man Who Said 'HODL' In 2017 Now Uses It As Legal Defense
Attorney argues client's failure to sell at all-time high constitutes involuntary financial paralysis, not negligence

A cryptocurrency investor facing a lawsuit from his ex-wife over undisclosed digital assets has mounted what legal experts are calling the first HODL defense in American family court.
Kevin Trustless, 41, claims he did not deliberately conceal $340,000 in Bitcoin during divorce proceedings in 2021. Rather, he argues, he was constitutionally incapable of selling. His attorney presented evidence that Trustless had not executed a single sell order across any exchange since creating his Coinbase account in 2017.
"My client suffers from a condition widely recognized within the digital asset community," said attorney Rachel Forks. "He holds. That is what he does. He held through the 2018 crash. He held through the 2021 peak. He held through the 2022 collapse. The man does not sell. He cannot sell. Selling is not in his operational vocabulary."
Forks submitted as evidence Trustless's posting history across three cryptocurrency forums, which contained 1,247 instances of the word "HODL," 308 diamond emoji characters, and zero references to profit-taking, exit strategies, or realized gains.
The opposing counsel argued that choosing not to sell is still a financial decision. Trustless's attorney countered that her client once watched his portfolio decline from $840,000 to $112,000 over sixteen months and responded by purchasing additional Ethereum.
"That is not the behavior of a rational financial actor making deliberate choices," Forks told the court. "That is a man in the grip of something."
The judge has requested additional testimony from a behavioral economist and has asked both parties to explain what a "diamond hands" is before the next hearing.
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