SafeMoon SFM
Status and tax treatment for holders of a dead token. Facts only, sourced below.
SafeMoon is a BNB Smart Chain token. A federal jury convicted the chief executive of SafeMoon US LLC in May 2025, and he was sentenced in February 2026 and has appealed. A proposed class settlement with the trustee of the bankrupt company takes claims until November 9, 2026. For a US filer the case creates no loss by itself. A loss needs a closed transaction, and a sale is the route the record supports.
What the record shows
A federal jury in Brooklyn convicted the chief executive of SafeMoon US LLC on May 21, 2025 [1] [2]. The three counts were conspiracy to commit securities fraud, wire fraud, and money laundering. On February 10, 2026 he was sentenced to 100 months in prison and ordered to forfeit about $7.5 million [2].
The court entered judgment on March 9, 2026 and set restitution at $3,347,046.66 on May 11, 2026 [3]. He has filed notices of appeal [3]. The company’s chief technology officer pleaded guilty in February 2025, and a third defendant remains at large, according to the DOJ [2] [4].
The SEC filed a civil case on November 1, 2023 and published it as Litigation Release No. 25888 [4]. Its claims are allegations. The verdict is not.
What the chain shows
SafeMoon has two contracts on BNB Smart Chain. BscScan marks the first, SAFEMOON, as migrated to the second, SFM, and names the new address [5] [6]. Neither page states a migration ratio or a deadline, so neither is claimed here. A bankruptcy court order of April 23, 2024 listed the SFM v1 and v2 tokens and their smart contracts as token assets for sale, and left approval of that sale to a separate motion [14].
The claim window
SafeMoon US LLC filed for chapter 7 bankruptcy in the District of Utah, and the general bar date for claims in that case was July 22, 2024 [8]. A class action over SFM purchases produced three proposed settlements, and on June 22, 2026 the court granted preliminary approval [7] [9]. The settlements stay proposed until the court rules after the hearing.
The settlement with the chapter 7 trustee covers people who bought SFM directly from SafeMoon US LLC, or bought because of its solicitation, from March 8, 2021 through November 1, 2023 [7]. The administrator’s site states three dates: exclusion requests and objections by October 1, 2026, the settlement hearing on October 22, 2026 [9], and claims by November 9, 2026 [7]. A proof of claim already filed in the bankruptcy on or before July 22, 2024 needs no class claim form. The other two settlements have claim forms of their own [7].
For an objection, the administrator’s site says postmarked by October 1, 2026 [7]. The court-authorized notice says postmarked in its summary and received by that date in its instructions [13]. Conflict ledger row 11 records the difference; the date is the same in both.
Tax treatment
The conviction does not create a loss. A loss needs a closed transaction. The IRS Chief Counsel memo on crypto that has crashed says a token that still trades on an exchange is not worthless, and a holder who still controls it has not abandoned it [10]. The memo reads a worthlessness loss for an individual as a miscellaneous itemized deduction, and the statute now allows none of those for any tax year after 2017, with no end date [12].
A sale is different. The IRS FAQ says a sale of virtual currency for real currency is a capital gain or loss, reported on Form 8949 and summarized on Schedule D [11]. This site has not checked two questions against a primary source: how a settlement payment is taxed, and whether the swap from the first contract to the second was a taxable exchange.
What a holder can do
The recover-or-write-off table further down lists three things a holder can do with what is left. None of them is a recommendation. Each one produces a different receipt, and the IRS reads the receipt.
Key facts
- Status
- Adjudicated
- Status date
- 2026-03-09 · 2026-09-22
- Token
- SafeMoon (SFM)
- Chain
- BNB Smart Chain
- Contract
- 0x42981d0bfbaf196529376ee702f2a9eb9092fcb5 · 2026-09-22
- Prior contract
- 0x8076c74c5e3f5852037f31ff0093eeb8c8add8d3 · 2026-09-22
- Recoverability
- Claims open · 2026-09-22
Recovery
- Class settlement with the chapter 7 trustee: exclusion requests and objections due 2026-10-01 · 2026-09-22
- Class settlement with the chapter 7 trustee: settlement hearing set for 2026-10-22 · 2026-09-22
- Class settlement with the chapter 7 trustee: claims due 2026-11-09, by mail postmarked by that date or online · 2026-09-22
- A proof of claim filed in the chapter 7 case on or before 2024-07-22 needs no class claim form · 2026-09-22
- The first contract is marked migrated to the second; the explorer states no ratio and no deadline · 2026-09-22
Since January 1, 2025 basis is tracked wallet by wallet, and Rev. Proc. 2024-28 gave a safe harbor for sorting old basis into the wallets that held the tokens.
Source: Internal Revenue Bulletin 2024-31, carrying Rev. Proc. 2024-28, https://www.irs.gov/irb/2024-31_irb
How the loss gets booked: the worthless-token guideHow the basis gets rebuilt: the cost-basis guideEvidence
Sources for this entry are listed below.
- United States v. Karony, No. 1:23-cr-00433 (E.D.N.Y.): jury verdict May 21, 2025; judgment entered March 9, 2026; amended judgment with restitution May 11, 2026; notices of appeal filed February 24 and May 12, 2026
- SEC v. SafeMoon LLC et al., No. 1:23-cv-08138, Litigation Release No. 25888 of November 1, 2023: the SEC’s claims are allegations
- The SafeMoon class action, No. 2:22-cv-00642 (D. Utah): preliminary approval of the proposed settlements, June 22, 2026 (ECF No. 231)
- In re SafeMoon US, LLC, Chapter 7, Case No. 23-25749 (Bankr. D. Utah)
- [[1]] Chief Executive Officer of Digital Asset Company Found Guilty in Multi-Million Dollar Crypto-Fraud Scheme (U.S. Attorney, Eastern District of New York, May 21, 2025)https://www.justice.gov/usao-edny/pr/chief-executive-officer-digital-asset-company-found-guilty-multi-million-dollar-cryptoaccessed 2026-09-22
- [[2]] CEO of Digital Asset Company SafeMoon Sentenced to 100 Months in Prison for Multi-Million Dollar Crypto-Fraud Scheme (U.S. Attorney, Eastern District of New York, February 10, 2026)https://www.justice.gov/usao-edny/pr/ceo-digital-asset-company-safemoon-sentenced-100-months-prison-multi-million-dollaraccessed 2026-09-22
- [[3]] United States v. Karony, No. 1:23-cr-00433 (E.D.N.Y.), docket, newest entries first (CourtListener RECAP archive)https://www.courtlistener.com/docket/67935173/united-states-v-karony/?order_by=descaccessed 2026-09-22
- [[4]] SEC Litigation Release No. 25888, November 1, 2023https://www.sec.gov/enforcement-litigation/litigation-releases/lr-25888accessed 2026-09-22
- [[5]] BscScan token page for the first SafeMoon contract (SAFEMOON)https://bscscan.com/token/0x8076c74c5e3f5852037f31ff0093eeb8c8add8d3accessed 2026-09-22
- [[6]] BscScan token page for the second SafeMoon contract (SFM)https://bscscan.com/token/0x42981d0bfbaf196529376ee702f2a9eb9092fcb5accessed 2026-09-22
- [[7]] SafeMoon class action settlement website (Stretto, the court-appointed claims administrator)https://www.safemoonsettlement.com/accessed 2026-09-22
- [[8]] SafeMoon US, LLC, Chapter 7 case information, Case No. 23-25749, Bankr. D. Utah (Stretto case website)https://cases.stretto.com/safemoon/accessed 2026-09-22
- [[9]] Memorandum Decision and Order granting preliminary approval of the proposed class action settlements, ECF No. 231, No. 2:22-cv-00642 (D. Utah, June 22, 2026), RECAP copyhttps://storage.courtlistener.com/recap/gov.uscourts.utd.134797/gov.uscourts.utd.134797.231.0.pdfaccessed 2026-09-22
- [[10]] IRS Office of Chief Counsel Memorandum 202302011, applicability of section 165 to cryptocurrency that has declined in valuehttps://www.irs.gov/pub/irs-wd/202302011.pdfaccessed 2026-09-01
- [[11]] IRS, Frequently Asked Questions on Virtual Currency Transactionshttps://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-on-virtual-currency-transactionsaccessed 2026-09-01
- [[12]] 26 U.S.C. 67, 2-percent floor on miscellaneous itemized deductions, as in effect August 31, 2026https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section67&num=0&edition=prelimaccessed 2026-09-01
- [[13]] Notice of Pendency and Proposed Settlement of Class Action, No. 2:22-cv-00642 (D. Utah), dated June 22, 2026 (posted by the claims administrator)https://cases.stretto.com/public/x549/14720/CORRESPONDENCE/1472007142650000000004.pdfaccessed 2026-09-22
- [[14]] Order (A) Authorizing the Sale of Certain of the Debtor’s Operating Assets Free and Clear of Liens, Claims, Encumbrances, and Interests, and (B) Granting Related Relief, ECF No. 169, In re SafeMoon US, LLC, No. 23-25749 (Bankr. D. Utah, April 23, 2024), CourtListener RECAP document pagehttps://www.courtlistener.com/docket/68089978/169/safemoon-us-llc/accessed 2026-09-22
Recover or write off?
| Option | Cost | Outcome |
|---|---|---|
| A claim in the class settlement with the trustee | A claim form, by the deadline | A share of the net settlement fund, if the court approves the settlement. |
| A sale where a market still takes the token | Exchange fees and gas | A closed transaction. The loss goes on Form 8949 and Schedule D. |
| A worthlessness claim | Nothing today | No deduction for an individual: the statute allows no miscellaneous itemized deduction after 2017. |