A Delaware District Judge referred the appointment of an independent investigation into the collapse of crypto-exchange FTX to the U.S. Third Circuit Court of Appeals on Tuesday.

The government joined a group of bipartisan Senators calling for an independent investigation into the fall Sam Bankman-Fried’s empire. This is despite warnings by FTX’s new management that the probe would cost FTX’s estate around $100,000,000 of legal costs.

In a ruling on Tuesday, District Judge Colm Connolly said the matter was not in his hands as the law requires him to refer the case up if the U.S. If the Department of Justice’s (DOJ) Trustee asks and there is no dispute about facts, then he must refer it to the U.S.

No one disputes that the Trustee asked for an examiner or that the debtor’s fixed, liquidated unsecured debts – other than those for goods, taxes or services owed to an insider – exceed $5 million, according to Connolly’s ruling. The only remaining legal question is whether the bankruptcy law requires an independent investigation.

John Dorsey a judge of a bankruptcy court declined to appoint a examiner in the case. He said it would be a costly delay for the winding up of the network.

FTX declared bankruptcy in November. Bankman-Fried is battling charges from the DOJ, including wire fraud. His successor John J. Ray III has hinted that FTX will restart its activity.

After being asked to investigate in September whether the crypto lender was operating as a Ponzi, Shoba Pillay, an independent examiner, found in January that Census had used new funds from customers to pay for withdrawals.

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Nikhilesh De.