United States Charged Crypto Asset Platform Celsius Network & Co-Founder Alexander Mashinsky for Fraud & Market Manipulation with $20 Billion Funds Deposited with Celsius, Filed for Bankruptcy in 2022 and Agreed to $4.7 Billion Suspended Settlement & Banned from Handling Client Assets
14th July 2023 | Hong Kong
The United States SEC (Securities and Exchange Commission), CFTC (Commodity Futures Trading Commission) & FTC (Federal Trade Commission) have charged &/or reached settlement with crypto asset platform Celsius Network & co-founder Alexander Mashinsky for fraud & market manipulation with $20 billion funds deposited with Celsius. Celsius Network had filed for bankruptcy in 2022 and in the settlement with United States FTC, agreed to a $4.7 billion suspended settlement & banned from handling client assets. United States SEC: “The Securities and Exchange Commission today charged Celsius Network Limited (Celsius) and its founder and former CEO, Alex Mashinsky, for violating registration and anti-fraud provisions of the federal securities laws, including by failing to register the offers and sales of Celsius’s crypto lending product, the Earn Interest Program; making false and misleading statements to investors of the Earn Interest Program and Celsius’s own crypto asset security, CEL; and engaging in market manipulation as it relates to CEL. (Market Manipulation) – The SEC’s complaint alleges that Celsius and Mashinsky manipulated the market of CEL. Starting in at least 2020, according to the complaint, Celsius and Mashinsky engaged in a fraud to artificially increase and support the price of CEL through manipulative buy backs of CEL far in excess of its publicly disclosed purchases. As alleged, Celsius and Mashinsky — the single largest holder of CEL other than Celsius — structured the scheme to have the greatest impact on the market and induce others to buy CEL, to the benefit of Celsius and Mashinsky.” CFTC: “The complaint alleges that from 2018 through June 2022, Mashinsky and Celsius engaged in a scheme to defraud hundreds of thousands of customers by mispresenting the safety and profitability of its digital asset-based finance platform. Mashinsky and Celsius, via publicly available videos, blog posts, livestreams, and postings on social media and their website, touted Celsius as a “safe” alternative for customers’ digital asset commodities, similar to a traditional bank. Mashinsky and Celsius not only promised customers their deposited digital asset commodities would be safe with Celsius, but also promised customers high yield interest payments on the deposits. To generate income to pay its customers the promised interest rates, customers’ digital asset commodities were pooled and deployed by Celsius as loans to institutional and retail customers and for other revenue generating activities, including, but not limited to, the trading of futures contracts. For this trading, Celsius operated the Celsius Pool, but was not a registered CPO.” FTC: “The Federal Trade Commission announced a settlement with bankrupt cryptocurrency platform Celsius Network that will permanently ban it from handling consumers’ assets and charged three former executives with tricking consumers into transferring cryptocurrency onto the platform by falsely promising that deposits would be safe and always available.” Earlier in 2023 January, Crypto Celsius Network (bankrupt) founder Alex Mashinsky had been sued by New York state for fraud (Martin Act violation), inducing hundreds of thousands of investors to deposit billions into Celsius Network and promoting Celsius Network as a safe alternative to banks but engaged in risky investment strategies. See below for statements from the 3 United States agencies:
“ United States Charged Crypto Asset Platform Celsius Network & Co-Founder Alexander Mashinsky for Fraud & Market Manipulation with $20 Billion Funds Deposited with Celsius, Filed for Bankruptcy in 2022 and Agreed to $4.7 Billion Suspended Settlement & Banned from Handling Client Assets “
United States Charged Crypto Asset Platform Celsius Network & Co-Founder Alexander Mashinsky for Fraud & Market Manipulation with $20 Billion Funds Deposited with Celsius
SEC Charges Celsius Network Limited and Founder Alex Mashinsky with Fraud and Unregistered Offer and Sale of Securities
- Charges include the unregistered offer and sale of crypto asset securities through Celsius’s lending program, making false and misleading statements, and engaging in market manipulation
United States SEC 13th July 2023 – The Securities and Exchange Commission today charged Celsius Network Limited (Celsius) and its founder and former CEO, Alex Mashinsky, for violating registration and anti-fraud provisions of the federal securities laws, including by failing to register the offers and sales of Celsius’s crypto lending product, the Earn Interest Program; making false and misleading statements to investors of the Earn Interest Program and Celsius’s own crypto asset security, CEL; and engaging in market manipulation as it relates to CEL.
Unregistered Offering – According to the SEC’s complaint, from almost the inception of Celsius in 2018 to the point the company effectively halted its platform on June 12, 2022, Celsius offered to investors the Earn Interest Program, by which investors tendered their crypto assets to Celsius in exchange for interest payments. As alleged, although the Earn Interest Program constituted the offer and sale of securities under the federal securities laws, no registration was filed or in effect for the offering, and no exemption from registration was available. As a result, the Earn Interest Program lacked the protection that registration would offer.
False and Misleading Statements – According to the SEC’s complaint, throughout its operating period, Celsius and Mashinsky continually misrepresented core aspects of Celsius’s business to Earn Interest Program and CEL investors, including making false and misleading statements about trading and business strategies, risks, the company’s business model, its financial health and success, and the safety of customer assets on Celsius’s platform.
Market Manipulation – The SEC’s complaint alleges that Celsius and Mashinsky manipulated the market of CEL. Starting in at least 2020, according to the complaint, Celsius and Mashinsky engaged in a fraud to artificially increase and support the price of CEL through manipulative buy backs of CEL far in excess of its publicly disclosed purchases. As alleged, Celsius and Mashinsky — the single largest holder of CEL other than Celsius — structured the scheme to have the greatest impact on the market and induce others to buy CEL, to the benefit of Celsius and Mashinsky.
“Celsius lied to investors by presenting itself as a safe investment opportunity and a chance to gain financial freedom, but, behind the scenes, the company operated a failing business model and took significant risks with investors’ crypto assets,” said Gurbir S. Grewal, Director of the SEC’s Enforcement Division. “Thousands of retail investors have experienced significant financial hardship as a result of Celsius’s and Mashinsky’s illegal conduct, and today we are holding Celsius and Mashinsky responsible for defrauding thousands of retail investors.”
The SEC’s complaint charges Celsius and Mashinsky with violating the registration and anti-fraud provisions of the Securities Act of 1933 and the anti-fraud provisions of the Securities Exchange Act of 1934. The SEC’s complaint seeks injunctions against future securities law violations and an injunction that prohibits Mashinsky from participating, directly or indirectly, in the purchase, offer, or sale of any crypto asset securities or engaging in activities for the purposes of inducing or attempting to induce the purchase or sale of any crypto asset securities by others. The complaint also seeks to bar Mashinsky from acting as an officer or director of a public company and seeks monetary relief in the form of civil penalties, disgorgement of profits, and prejudgment interest. Celsius is cooperating with the SEC and has consented to the relief requested in the complaint, which includes a permanent injunction against future securities law violations.
In parallel actions, the U.S. Attorney’s Office for the Southern District of New York today announced charges against Mashinsky and a non-prosecution agreement with Celsius, and the Commodity Futures Trading Commission (CFTC) today announced charges against Celsius and Mashinsky. The SEC’s ongoing investigation is being conducted by Randall D. Friedland and Christian J. Ascunce, with the assistance of Sachin Verma, Peter Rosario, and Adam Gottlieb. The matter is being supervised by Pei Y. Chung and Stacy L. Bogert, as well as David Hirsch and Jorge G. Tenreiro of the SEC’s Crypto Assets and Cyber Unit. The litigation is being led by H.B. Roback under the supervision of James Connor and Olivia Choe. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York, the FBI, and the CFTC.
CFTC Charges Alexander Mashinsky and Celsius Network, LLC with Fraud and Material Misrepresentations in Massive Commodity Pool Scheme Involving Digital Asset Commodities
CFTC 13th July 2023 – The Commodity Futures Trading Commission today announced it filed a complaint in the U.S. District Court for the Southern District of New York against Alexander Mashinsky and Celsius Network, LLC. The complaint charges the defendants with fraud and material misrepresentations in connection with the operation of its digital asset-based finance platform, which falsely touted high profits and security to induce customers to deposit their digital asset commodities on the platform. The complaint also alleges Celsius acted as an unregistered commodity pool operator (CPO) and Mashinsky operated as an unregistered associated person (AP) of a CPO. The CFTC and Celsius agreed to resolve the complaint against the company by imposing a permanent injunction prohibiting future violations of the Commodity Exchange Act (CEA).
“As companies and individuals develop new products and services utilizing digital asset commodities, they must adhere to the long-established rules prohibiting fraud in the market and comply with the registration requirements of the Commodity Exchange Act,” said Director of Enforcement Ian McGinley. “Among the bedrock principles of the Commodity Exchange Act are the protection of customers and the integrity of the market. This case is the CFTC’s first against a digital asset lending platform, and it demonstrates the agency will not shy away from ensuring the law is enforced in the digital asset arena. Innovation does not equate to immunity from compliance with the law.”
In its continuing litigation against Mashinsky, the CFTC seeks restitution, disgorgement, civil monetary penalties, permanent trading and registration bans, and a permanent injunction against further violations of the CEA and CFTC regulations, as charged.
Case Background – The complaint alleges that from 2018 through June 2022, Mashinsky and Celsius engaged in a scheme to defraud hundreds of thousands of customers by mispresenting the safety and profitability of its digital asset-based finance platform. Mashinsky and Celsius, via publicly available videos, blog posts, livestreams, and postings on social media and their website, touted Celsius as a “safe” alternative for customers’ digital asset commodities, similar to a traditional bank. Mashinsky and Celsius not only promised customers their deposited digital asset commodities would be safe with Celsius, but also promised customers high yield interest payments on the deposits. To generate income to pay its customers the promised interest rates, customers’ digital asset commodities were pooled and deployed by Celsius as loans to institutional and retail customers and for other revenue generating activities, including, but not limited to, the trading of futures contracts. For this trading, Celsius operated the Celsius Pool, but was not a registered CPO. Additionally, Mashinsky did not register as an AP of a CPO, despite soliciting members of the general public to contribute to the Celsius Pool. Based on the false promises of the safety of Celsius’ operation and receipt of high interest rate payments, customers deposited approximately $20 billion with Celsius. However, instead of engaging in “safe” investments, Mashinsky and Celsius engaged in increasingly risky trading strategies when they were unable to make customers’ interest payments. Despite claims by Mashinsky in May 2022 that Celsius had billions of dollars in liquidity and could meet customer withdrawal requests, on June 12, 2022, Celsius froze customer withdrawals. On July 13, 2022, Celsius filed for bankruptcy, revealing that its liabilities exceeded its assets by more than one billion dollars. The CFTC cautions that orders requiring repayment of funds to victims may not always result in the recovery of lost money because the wrongdoers may not have sufficient funds or assets.
Related Criminal and Civil Actions – In a parallel, separate action, on July 13, the U.S. Attorney for the Southern District of New York unsealed an indictment charging Mashinsky with fraud. Also, on July 13, the Securities and Exchange Commission charged Celsius and Mashinsky with fraud. The CFTC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York, and the Securities Exchange Commission. The Division of Enforcement staff responsible for this matter are Dmitriy Vilenskiy, Chrystal Gonnella, Jason Gizzarelli, Traci Rodriguez, and Paul G. Hayeck. The Division of Enforcement’s Digital Asset Task Force also provided assistance.
Company falsely claimed it had “more than enough” assets to satisfy customer obligations days before the company filed for bankruptcy, FTC says
FTC 13th July 2023 – The Federal Trade Commission announced a settlement with bankrupt cryptocurrency platform Celsius Network that will permanently ban it from handling consumers’ assets and charged three former executives with tricking consumers into transferring cryptocurrency onto the platform by falsely promising that deposits would be safe and always available.
“Celsius touted a new business model but engaged in an old-fashioned swindle,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Today’s action banning Celsius from handling people’s money and holding its executives accountable should make clear that emerging technologies are not above the law.”
The proposed settlement with Celsius and its affiliates will permanently ban the companies from offering, marketing, or promoting any product or service that could be used to deposit, exchange, invest, or withdraw any assets. The companies also agreed to a judgment of $4.7 billion, which will be suspended to permit Celsius to return its remaining assets to consumers in bankruptcy proceedings. The former executives—ex-CEO and co-founder Alexander Mashinsky along with Celsius’s other co-founders Shlomi Daniel Leon and Hanoch “Nuke” Goldstein—have not agreed to a settlement and the FTC’s case against them will proceed in federal court.
New Jersey-based Celsius—which filed for bankruptcy in July 2022—marketed a variety of cryptocurrency products and services to consumers, including interest-bearing accounts, personal loans secured by their cryptocurrency deposits, and a cryptocurrency exchange. According to a complaint filed by the FTC in federal court, Mashinsky, Leon and Goldstein marketed the platform as a safe place for consumers to deposit their cryptocurrency, claiming in online videos and other forums that its platform was safer than banks because “we have less risk, we have much less risk.”
The FTC says the company and its top executives deceived users by falsely promising them that they could withdraw their deposits at any time, that the company maintained a $750 million insurance policy for deposits, that it had sufficient reserves to meet customer obligations, and that those in its Earn program could earn rewards on deposits of cryptocurrency assets as high as 18 percent annual percentage yield (APY). They also repeatedly claimed that the company did not make any unsecured loans.
Many consumers reported that these promises were important factors in their decision to deposit cryptocurrency with Celsius. In opening accounts with Celsius, consumers were required to provide access to sensitive information including their bank account and other financial information.
Far from securing customers’ cryptocurrency deposits, Celsius took title to and misappropriated these deposits totaling more than $4 billion, according to the complaint. The company used consumer deposits to fund its operations, pay rewards to other customers, borrow from other institutions, and make high-risk investments, which even the company acknowledged often lost money.
And contrary to its executives’ promises, Celsius routinely made unsecured loans, totaling $1.2 billion as of April 2022, the FTC says. At the same, the complaint charges that Celsius only had a small capital reserve that would have allowed a fraction of its customers to withdraw their cryptocurrency within one week. And, Celsius did not hold a $750 million insurance policy for deposits. The company also lacked, until mid-2021, any system to track its assets and liabilities, according to the complaint.
The FTC says that Celsius and its top executives also failed to deliver the returns they promised on consumers’ cryptocurrency. The company only provided the highest returns to those who enrolled in its loyalty program and invested in a handful of lesser-known cryptocurrencies, and gave most participants far less than promised.
Even as its fiscal health declined, the company’s top executives concealed this information from the public, telling consumers that customers’ deposits were safe and soliciting new customers just days before it froze customer accounts and filed for bankruptcy, according to the FTC. In May 2022, Mashinsky falsely claimed in an online video that “Celsius is stronger than ever, we have billions of dollars in liquidity.” And just a few days before freezing consumer withdrawals, Celsius falsely promised that it had “more than enough” assets to satisfy its consumer obligations.
While lying to their customers to keep them from withdrawing their cryptocurrency deposits, Leon, Goldstein, and Mashinsky protected themselves by withdrawing significant sums of cryptocurrency from Celsius two months before the company filed for bankruptcy. Consumers subsequently lost access to their life savings, college funds, and money saved for retirement.
In addition to banning Celsius and its affiliated companies from handling consumers’ assets, the proposed settlement prohibits the companies from misrepresenting the benefits of any product or service; from making false, fictitious, or fraudulent representations to any customer of a financial institution in order to obtain or attempt to obtain their financial information; and from disclosing nonpublic personal information about consumers without their express consent.
The Commission voted 3-0 to authorize staff to file a complaint against the Celsius enterprise, Leon, Goldstein, and Mashinsky and to approve a stipulated order with Celsius and its affiliated companies. The complaint was filed in the U.S. District Court for the Southern District of New York.
NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the named defendant is violating or is about to violate the law and it appears to the Commission that a proceeding is in the public interest. Stipulated orders have the force of law when approved and signed by the District Court judge.
The lead staff attorneys on this matter are Katherine Aizpuru, Katherine Worthman, and Stephanie Liebner from the FTC’s Bureau of Consumer Protection.
Crypto Celsius Network Founder Alex Mashinsky Sued by New York State for Fraud, Induced Invests to Deposit Billions & Promoting as a Safe Alternative to Banks But Engaged in Risk Investment Strategies
12th January 2023 – Crypto Celsius Network (bankrupt) founder Alex Mashinsky had been sued by New York state for fraud (Martin Act violation), inducing hundreds of thousands of investors to deposit billions into Celsius Network and promoting Celsius Network as a safe alternative to banks but engaged in risky investment strategies. The lawsuit seeks to ban Alex Mashinsky from doing business in New York and to pay damages, restitution and disgorgement. New York Attorney General Letitia James: “The law is clear that making false and unsubstantiated promises and misleading investors is illegal. In July 2022, Celsius Network filed fo rchapter 11 bankruptcy, with senior executives reported to have sold their crypto holdings but had encouraged investors to buy on swings & low volume. Celsius Network top executives withdrew $30 million (2022 May) before suspending clients withdrawal in June 2022, with CEO Alex Mashinsky withdrawing $10 million (View Court Documents). More info below.
Cryptocurrency Celsius Network Top Executives Withdrew $30 Million Before Suspending Clients Withdrawal, CEO Alex Mashinsky Withdrew $10 Million
7th October 2022 – Cryptocurrency Celsius Network top executives withdrew $30 million (2022 May) before suspending clients withdrawal in June 2022, with CEO Alex Mashinsky withdrawing $10 million (View Court Documents). In July 2022, Celsius Network (one of the largest crypto lender) had filed for chapter 11 bankruptcy, with senior executives reported to have sold their crypto holdings but had encouraged investors to buy on swings & low volume. Financial Times: “Even as the market declined and Celsius’s native token, CEL, fell from its 2021 peak of $8 to under $1 today, the company urged customers to “hold” — or keep hold of their investments rather than sell. Yet internal documents show that Leon and some of his colleagues had already sold millions of dollars’ worth of their own CEL holdings back to the company. Former employees say documents recording these sales have been requested by the US Securities and Exchange Commission.” In the filing, Celsius Network reported estimates of assets & liabilities of $1 billion to $10 billion and $167 million of cash. Celsius Network has a customer base of 1.7 million, collecting crypto deposits from investors and lending to large crypto companies. Alex Mashinsky, Co-Founder & CEO of Celsius: “This is the right decision for our community and company. We have a strong and experienced team in place to lead Celsius through this process. I am confident that when we look back at the history of Celsius, we will see this as a defining moment, where acting with resolve and confidence served the community and strengthened the future of the company.”
Celsius Network Bankruptcy Update
Celsius Network (“Celsius” or “the Company”) today announced that it initiated voluntary Chapter 11 proceedings to provide the Company with the opportunity to stabilize its business and consummate a comprehensive restructuring transaction that maximizes value for all stakeholders. To implement the restructuring, the Company and certain of its subsidiaries filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (“the Court”).
Members of the Special Committee of the Board of Directors said, “Today’s filing follows the difficult but necessary decision by Celsius last month to pause withdrawals, swaps, and transfers on its platform to stabilize its business and protect its customers. Without a pause, the acceleration of withdrawals would have allowed certain customers—those who were first to act—to be paid in full while leaving others behind to wait for Celsius to harvest value from illiquid or longer-term asset deployment activities before they receive a recovery.”
“This is the right decision for our community and company,” said Alex Mashinsky, Co-Founder & CEO, Celsius. “We have a strong and experienced team in place to lead Celsius through this process. I am confident that when we look back at the history of Celsius, we will see this as a defining moment, where acting with resolve and confidence served the community and strengthened the future of the company.”
Celsius to Continue to Operate
Celsius has $167 million in cash on hand, which will provide ample liquidity to support certain operations during the restructuring process. To ensure a smooth transition into Chapter 11, Celsius has filed with the Court a series of customary motions to allow the Company to continue to operate in the normal course. These “first day” motions include requests to pay employees and continue their benefits without disruption, for which the Company expects to receive Court approval. Celsius is not requesting authority to allow customer withdrawals at this time. Customer claims will be addressed through the Chapter 11 process.
New Directors to Provide Additional Leadership and Expertise
David Barse is the Founder and Chief Executive Officer of XOUT Capital, an index company, and DMB Holdings, a private family office. Mr. Barse was formerly the CEO of Third Avenue Management for 25 years, a pioneer in fundamental, bottom-up deep value and distressed investing. Alan Carr is an investment professional with over 25 years of experience building businesses, leading complex restructurings, and protecting and creating value for stakeholders. Mr. Carr is a Founder and the Managing Member of Drivetrain, LLC, a professional fiduciary services firm.
Community Update
Moments ago, we announced that Celsius voluntarily filed petitions for Chapter 11 reorganization. You will be able to find the official announcement here.
Today’s filing follows the difficult but necessary decision by Celsius last month to pause withdrawals, Swap, and transfers on its platform to stabilize its business and protect its customers. Without a pause, the acceleration of withdrawals would have allowed certain customers — those who were first to act — to be paid in full while leaving others behind to wait for Celsius to harvest value from illiquid or longer-term asset deployment activities before they receive a recovery. Following the stated pause on June 12, 2022, we want you to know that we spent a great deal of time exploring our options. These Chapter 11 cases provide the Company with the best opportunity to stabilize the business, consummate a comprehensive restructuring transaction that maximizes value for all stakeholders, and emerge from Chapter 11 positioned for success in the cryptocurrency industry.
We apologize that communication with our teams and community has been very limited over the past few weeks, and we look forward to being able to offer greater transparency with everyone through our reorganization, which encourages dialogue with all stakeholders.
For additional information regarding Chapter 11 protection, please watch this video.
Additional information about the Chapter 11 filing, including Court documents, can be found at https://cases.stretto.com/celsius. Stakeholders with questions may call Celsius’ Claims Agent, Stretto, at +1 (855) 423–1530 (U.S.) or +1 (949) 669–5873 (international) or email [email protected]. Acting in the best interest of our stakeholders, including our entire customer community, is our top priority. We are also entering this process with the intention of emerging as a stronger company.
We thank you for your patience. It is our pleasure to serve you.
Celsius
About Celsius
Built on the belief that financial services should only do what is in the best interest of the customers and community, Celsius is a blockchain-based platform where membership provides access to curated financial services that are not available through traditional financial institutions. For additional information please visit www.celsius.network.
Alex Mashinsky, Co-founder, Chairman and CEO
Alex is one of the inventors of VOIP (Voice Over Internet Protocol) with a foundational patent dating back to 1994 and is now working on MOIP (Money Over Internet Protocol) technology.
Over 35 patents have been issued to Alex, relating to exchanges, VOIP protocols, messaging and communication. As a serial entrepreneur and founder of seven New York City-based startups, Alex has raised more than $1 billion and exited over $3 billion. Alex founded two of New York City’s top 10 venture-backed exits since 2000: one of his first companies, Arbinet, IPO’d in 2004 with a market capitalization of over $750 million; and another venture, Transit Wireless, was valued at $1.2 billion at the time of exit. Alex has received numerous awards for innovation, including being nominated twice by E&Y as entrepreneur of the year in 2002 & 2011; Crain’s 2010 Top Entrepreneur; the prestigious 2000 Albert Einstein Technology medal; and the Technology Foresight Award for Innovation (presented in Geneva at Telecom 99). As one of the pioneers of web-based exchanges, Alex authored patents that cover aspects of the Smart Grid, ad exchanges, Twitter, Skype, App Store, Netflix streaming concept and many other popular web companies. Additionally, Arbinet’s fundraising story was featured as a case study in 2001 by Harvard Business School.
S.Daniel Leon, Co-founder and Chief Strategy Officer
Daniel Leon is a business and social entrepreneur with a proven track record of growing early-stage companies and building organizations from the ground up.
Daniel has co-founded and led multiple companies and not-for-profit organizations. Before Governing Dynamics, where he is a managing partner, he was CEO of Atlis Labs, a venture-backed local discovery platform powered by real-time customer referrals. Prior to that, Daniel served as CEO of Beyon3D and chairman of HereO. He was also general manager, of GroundLink, which raised more than $30 million in funding during his tenure. He started his career as vice president with the Gallup Organization. Daniel holds a degree in Economics from Brown University. He splits his time between New York and Tel Aviv.
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