
Mashinsky seeks to void 12-year fraud term
Alex Mashinsky, the founder and former chief executive of Celsius, has filed a motion in the US District Court for the Southern District of New York seeking to vacate the 12-year prison sentence imposed for crypto fraud.
The handwritten filing argues that Mashinsky received ineffective legal representation and that evidence used against him was the “fruit of a poisonous tree” because of alleged conflicts affecting his defence team.
“The root of counsel’s deficiencies lay in the undisclosed financial distress of the firm Mukasey & Young LLP,”
Mashinsky said in his motion, arguing that the firm’s circumstances compromised its representation.
Mashinsky alleged that his lawyers’ engagement with former FTX chief executive Sam Bankman-Fried created an unwaivable conflict because he believes Bankman-Fried’s actions contributed to market disruption involving Celsius-linked assets.
Celsius froze customer withdrawals in 2022 before entering bankruptcy proceedings, while Mashinsky was later arrested and accused by US regulators of misleading customers and generating millions of dollars through fraudulent conduct; following the announcement, Celsius share price was unchanged as the company is bankrupt and no longer publicly traded.
Mashinsky ultimately pleaded guilty to commodities and securities fraud charges, telling the court:
“I know what I did was wrong, and I want to try to do whatever I can to make it right.”
Last month, the former executive was permanently banned from the cryptocurrency industry under a settlement with the Federal Trade Commission that requires a $10 million payment while suspending most of a previously announced $4.7 billion judgment.