Former Celsius CEO Alex Mashinsky Arrested Amid Lawsuits
Alex Mashinsky, the former CEO of bankrupt crypto lender Celsius, has been arrested as he and his company face lawsuits from U.S. financial regulators. The lawsuits from the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Trade Commission (FTC) revolve around the crypto lender’s allegedly misleading statements about the state of its business.
Key Takeaways:
- Bankrupt crypto lender Celsius and its former CEO Alex Mashinsky are being sued by financial regulators including the SEC, CFTC, and the FTC.
- Mashinsky was arrested on the basis of these charges early Thursday morning.
- FTC entered a settlement with Celsius, permanently banning it from handling customer assets, and a payment of $4.7 billion, suspended to return investor money during bankruptcy.
Mashinsky, 57, is accused of orchestrating a scheme to defraud customers of Celsius Network and its affiliated entities, as stated in the unsealed indictment. The SEC, the CFTC, and the FTC have all filed lawsuits against Mashinsky and the company. Mashinsky was arrested Thursday morning, Bloomberg reported.
Celsius was known for offering high interest rates on digital-asset deposits, but the crypto lender faced financial distress and filed for bankruptcy following the collapse of the TerraUSD stablecoin and a downturn in the crypto market in May 2022 that left it unable to meet customer withdrawals.
The SEC court filing said Celsius faced more than $800 million in losses in 2021 and roughly $165 million in losses in the first quarter of 2022. By May of 2022, one employee referred to Celsius as a “sinking ship” in internal discussions, while an unnamed executive bluntly stated, “We have no profitable services.”
Despite this troubling financial situation, the FTC suit claims Mashinsky and others continued to solicit new customers based on misleading claims of Celsius’s financial stability, including a $750 million insurance policy for deposits. Similar accusations are made in the CFTC’s complaint against Mashinsky and Celsius.
The FTC entered into a settlement with Celsius, permanently barring it from handling customer assets. A judgment payment of $4.7 billion was suspended in the interest of returning customer assets.
Additionally, the SEC alleged Mashinsky and Celsius made misleading statements to entice investors to purchase their proprietary CEL token and participate in the Earn Interest Program, which promised high returns on crypto deposits. Customers who made use of the CEL token were able to gain access to higher rates of return on their crypto deposits.
Mashinsky is also accused of misrepresenting Celsius’s financial performance, including falsely claiming the company raised $50 million from an initial coin offering. These allegations come after New York Attorney General Letitia James sued Mashinsky in January, accusing him of defrauding New York investors by providing false information about the lender’s safety.
The actions against Celsius and Mashinsky this week are part of a broader trend of civil and criminal cases targeting the cryptocurrency industry, with several industry actors facing charges for alleged misconduct. This includes FTX co-founder Sam Bankman-Fried, who has been accused of mishandling customer funds and misleading investors. Additionally, Binance, Coinbase, and Kraken have all faced suits from the SEC this year.
In May, some of Celsius’s assets were purchased by a consortium of investors at auction as a part of bankruptcy proceedings.
