Tag Archives: celsius

Crypto collapse: Alex Mashinsky of Celsius arrested, Ripple’s bizarre XRP win, Gemini sues Genesis, Gisele Bündchen knew nothing! – David Gerard

  1. Crypto collapse: Alex Mashinsky of Celsius arrested, Ripple’s bizarre XRP win, Gemini sues Genesis, Gisele Bündchen knew nothing! David Gerard
  2. Mashinky’s Arrests, Coinbase’s Messages, Google Play’s NFTs, ETF Optimisms and 20 Crypto Jokes Cryptonews
  3. ‘Coming After Crypto Platforms of All Kinds’: Do Celsius Charges Point to Rising Temperature for Enforcement? | New York Law Journal Law.com
  4. Alex Mashinsky out on $40M bail; ‘vehemently’ denies fraud charges CryptoSlate
  5. Ex-Celsius CEO Alex Mashinsky’s Bail Set at $40M, Pleads Not Guilty to 7 Counts CoinDesk
  6. View Full Coverage on Google News

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Former Celsius CEO freed on $40 million bond, and altcoins rise after XRP ruling: CNBC Crypto World – CNBC Television

  1. Former Celsius CEO freed on $40 million bond, and altcoins rise after XRP ruling: CNBC Crypto World CNBC Television
  2. Ripple Scores Partial Victory in SEC Court Fight Over XRP; Ex-Celsius CEO Alex Mashinsky Is Arrested CoinDesk
  3. Former Celsius CEO freed on $40 million bond, and altcoins rise after XRP ruling CNBC
  4. XRP surges after win in court battle with SEC, and ex-CEO of Celsius arrested: CNBC Crypto World CNBC Television
  5. Crypto regulation bill revived, and new report sheds light on digital asset crime: CNBC Crypto World CNBC Television
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FTC Reaches Settlement with Crypto Platform Celsius Network; Charges Former Executives with Duping Consumers into Transferring Cryptocurrency into their Platform and then Squandering Billions in User Deposits – Federal Trade Commission News

  1. FTC Reaches Settlement with Crypto Platform Celsius Network; Charges Former Executives with Duping Consumers into Transferring Cryptocurrency into their Platform and then Squandering Billions in User Deposits Federal Trade Commission News
  2. Ex-Celsius CEO Alex Mashinsky Arrested and Sued by SEC Bloomberg
  3. Celsius files lawsuit to recover $150M crypto assets from StakeHound CryptoSlate
  4. Live news: SEC sues bankrupt crypto lender Celsius and founder Alex Mashinsky Financial Times
  5. Former Celsius CEO arrested, company agrees to pay $4.7 billion settlement CNBC
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Celsius users with crypto collateral stuck turn to bankruptcy process

Alan Knitowski holds an MBA, has worked in technology and finance for over 25 years and is CEO of a mobile software company that trades on the Nasdaq. That didn’t prevent him from getting duped by a crypto firm.

Knitowski borrowed $375,000 from crypto lender Celsius over several years and posted $1.5 million in bitcoin as collateral. He didn’t want to sell his bitcoin because he liked it as an investment and believed the price would go up.

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That was the Celsius model. Cryptocurrency investors could essentially store their holdings with the firm in exchange for a loan in dollars that they could put to use. Knitowski would get the bitcoin back when he repaid the loan.

But that’s not what happened, because Celsius, which earlier in the year managed $12 billion in assets, spiraled into bankruptcy in July after a plunge in crypto prices caused an industrywide liquidity crisis. Knitowski and thousands of other loan holders had more than $812 million in collateral locked on the platform, and bankruptcy records show Celsius failed to return collateral to borrowers even after they repaid their loans.

“Every aspect of what they did was wrong,” Knitowski, who runs an Austin, Texas-based company called Phunware, said in an interview. “If my CFO or I actually did anything that looked like this, we would immediately be charged.”

Creditors are now working through the bankruptcy process to try and reclaim at least a portion of their funds. They were provided with some level of optimism on Friday, after Celsius announced the sale of its asset custody platform called GK8 to Galaxy Digital.

David Adler, a bankruptcy lawyer at McCarter & English who is representing Celsius creditors, said money from the transaction has to go to paying legal fees. Beyond that, there could be funds remaining for former customers.

“The big question is — who is entitled to the money they get from GK8?” Adler told CNBC. Adler said he’s representing a group of 75 borrowers who have approximately $100 million in digital assets on Celsius’ platform.

Later this month, more relief could be coming as bidding will open for Celsius’ lending portfolio. If another company purchases the loans, customers would likely have a chance to repay them and then have their collateral released. 

Knitowski told CNBC he had elected to take out his loans at a 25% loan-to-value rate. That means if he took out a $25,000 loan, he would post four times that amount in collateral, or $100,000.

The more collateral a borrower is willing to post, the lower the interest rate on the loan. If the borrower fails to repay the loan, the lender can seize the collateral and sell it to recoup the cost. It’s just like a residential mortgage, for which the borrower uses the home as collateral. In the crypto world, a borrower can ask for a loan and pledge bitcoin as collateral.

Earlier this year, as the price of bitcoin dropped, Knitowski paid off one of his Celsius loans to avoid getting margin called and having to increase his collateral. But after doing so, the company didn’t return the bitcoin that was serving as collateral for that loan. Instead, the assets were deposited into an account called “Earn.” According to the company’s terms and conditions, assets in those accounts are the property of Celsius, not customers. 

“Imagine you pay off your car, but someone keeps it,” Knitowski said. “You pay off your house, but somebody keeps it. In this case, it would be like you pay off the loan. And instead, you don’t get your collateral back even though it’s paid off.”

Failure to disclose

That wasn’t the only problem. The crypto platform also failed to provide borrowers with a complete federal Truth in Lending Act (TILA) disclosure, according to former employees and an email sent to customers on July 4. The act is a consumer protection measure that requires lenders to give borrowers critical information, such as the annual percentage rate (APR), term of the loan, and total costs to the borrower. 

The email to borrowers said, “the disclosures required to be provided to you under the federal Truth in Lending Act did not include one or more of the following,” and then proceeded to list more than a dozen possible missing disclosures. 

A former Celsius employee, who asked to remain anonymous, told CNBC that the company was retroactively trying to come into compliance with TILA.

“You don’t get to say, ‘Oh, oops, we forgot like 25 items in the Truth in Lending Act and, as a result, we’re just going to redo them and pray,'” Knitowski said. 

Jefferson Nunn, an editor and contributor for Crypto.news, took out a loan with Celsius and posted more than $8,000 worth of bitcoin as collateral. He knows those assets are now unavailable to him even if he repays his loan. 

Nunn, who lives in Dallas, said he got the loan to invest in more bitcoin after seeing a promotion for the platform. He said he heard about Celsius after doing a podcast with co-founder Nuke Goldstein. On the show, Goldstein said, “your funds are safe,” Nunn said. Alex Mashinsky, Celsius’ former CEO, made similar comments shortly before halting withdrawals.

Alex Mashinsky, Celsius CEO on stage in Lisbon for Web Summit 2021

Piaras Ó Mídheach | Sportsfile | Getty Images

“It’s basically a mess and my funds are still locked up in there,” Nunn said. 

That theme has come up repeatedly in crypto, most recently with the failure last month of FTX. Sam Bankman-Fried, the founder and CEO of the exchange, told his followers on Twitter that the company’s assets were fine. A day later, he was seeking a rescue package amid a liquidity crunch.

While Celsius’ implosion doesn’t carry the magnitude of FTX, which had been valued recently at $32 billion, company management has faced its share of criticism. According to a court filing in October, top executives took out millions of dollars in assets prior to the company halting withdrawals of customer funds.

A former employee, who asked not to be named, said there was a lack of financial oversight that led to significant holes on the company’s balance sheet. One of the biggest problems was that Celsius had a synthetic short, which occurs when a company’s assets and liabilities don’t correspond. 

The former employee told CNBC that when customers deposited crypto assets with Celsius, it was supposed to ensure those funds were available any time a customer wanted to withdraw them. However, Celsius was taking customer deposits and lending then to risky platforms, so it didn’t have the liquidity to return funds on demand.

As a result, when customers wanted to withdraw funds, Celsius would scramble to purchase assets on the open market, often at a premium, the person said.

“It was a tremendous error in judgment and operational control that really put a dent in the balance sheet of the organization,” the former employee said. 

He also said that Celsius was accumulating cryptocurrency tokens that had no value as collateral. On its platform, Celsius touted that customers could “earn compounding crypto rewards on BTC, ETH, and 40+ other cryptocurrencies.” But according to the former employee, the teams responsible for deploying those coins had nowhere to go with many of the more obscure tokens.

The ex-employee said he left Celsius after discovering the company wasn’t being prudent with customer funds and that it was making risky bets to continue generating the high yields it promised depositors.

“A lot of individuals took all of their money out of traditional banking systems and put their full faith in Alex Mashinsky,” the person said. “And now those individuals are left unable to pay medical bills, pay for weddings, mortgages, retirements, and that continues to weigh very heavily on me and my colleagues that have left the organization.”

Celsius didn’t respond to multiple requests for comment. Mashinsky, who resigned from Celsius in September, declined to comment. 

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Celsius Execs Cashed Out $40 Million Before Halting Withdrawals

Celsius founder and recently resigned CEO Alex Mashinsky as he appeared in a promotional video for Celsius uploaded to YouTube. The video was deleted after the company imploded.
Screenshot: YouTube

Three executives at crypto trading platform Celsius cashed out at least $40 million in cryptocurrency shortly before the company halted withdrawals for all users earlier this year, according to a financial disclosure form filed in New York bankruptcy court late Wednesday.

The withdrawals by Celsius executives, first reported by CoinDesk, don’t look good from an optics perspective, given how many users were stopped from being able to pull their money out during the liquidity crisis just a few months ago. Celsius halted all withdrawals indefinitely in June and filed for bankruptcy the following month, leaving users with nothing. Celsius owes roughly $4.7 billion to users but doesn’t have the money to pay them.

The three execs who pulled out the combined $40 million in crypto were former CEO Alex Mashinsky, former Chief Strategy Officer Daniel Leon, and current CTO Nuke Goldstein. Mashinsky resigned as CEO in September, but is still at the center of the investigation over whether Celsius was little more than a Ponzi Scheme—something that over 40 states are currently looking into. Leon resigned just yesterday.

The Financial Times previously reported that Mashinsky withdrew roughly $10 million from Celsius before the collapse of the company, citing unnamed sources, but we now know Leon and Goldstein were also pulling their money out before the public knew there were any problems with liquidity at Celsius. Leon withdrew at least $11 million, and Goldstein withdrew at least $20.8 million, including millions in the Celsius token.

Gizmodo has uploaded the latest Celsius court filing, which totals over 14,000 pages, to the Internet Archive for anyone who really wants to get into the nitty gritty of the bankruptcy case. It appears the filing is so large because it seems to have the names and recent transactions of every user on the platform.

Screenshot showing just some of the withdrawals made by the former Celsius CEO in May of 2022.
Screenshot: PACER

Curiously, Mashinsky’s wife Kristine appears to have withdrawn over $2 million in the Celsius token on May 31, according to the documents. Mashinsky did not immediately respond to an email early Thursday.

The Celsius token is currently trading at $1.28, down roughly 78% from a year ago. Bitcoin, the most popular crypto in the world, is currently trading at $20,175, down 63% from a year ago. Ethereum, the second most popular coin, is currently trading at $1,360, down 62% from a year ago.

Goldstein’s lawyers said in a statement:

Your report that Mr. Goldstein withdrew millions of dollars in advance of the “pause” is flatly mistaken. The reality is that Mr. Goldstein did not withdraw even one dollar in the four weeks prior to the pause—to the contrary, he deposited over $90,000 in CEL tokens in late May, just three weeks before the pause. Most of the supposed “withdrawals” from our client’s account were, in fact, regular-course transfers between his accounts and involved corresponding deposits. Indeed, in the year before the pause, Mr. Goldstein had net positive deposits into Celsius (including interest), not withdrawals. Your account unfortunately distorts Mr. Goldstein’s position, as he currently has millions locked up in Celsius, making him one of the Company’s largest unsecured creditors. Nuke is proud of his work to create a secure platform for Celsius users, and has been working tirelessly day in and day out to help restructure the Company to the benefit of all its creditors.

Update, Oct. 6, 11:29 am ET: Updated with a statement from Nuke Goldstein’s lawyers.

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Celsius Network CEO Submits Letter of Resignation

HOBOKEN, N.J.–(BUSINESS WIRE)–Celsius Network CEO Alex Mashinsky has submitted his letter of resignation, effective immediately, to the Special Committee of the Board of Directors of Celsius Network Limited.

“I elected to resign my post as CEO of Celsius Network today. Nevertheless, I will continue to maintain my focus on working to help the community unite behind a plan that will provide the best outcome for all creditors – which is what I have been doing since the Company filed for bankruptcy,” Mr. Mashinsky said. He continued: “I believe we all will get more if Celsians stay united and help the UCC with the best recovery plan. I remain willing and available to continue to work with the Company and their advisors to achieve a successful reorganization.”

The text of Mr. Mashinsky’s resignation letter reads as follows:

Effective immediately, please accept my resignation as CEO of Celsius Network Ltd, as well as my directorships and other positions at each of its direct and indirect subsidiaries, with the exception of my director position at Celsius Network Ltd. I regret that my continued role as CEO has become an increasing distraction, and I am very sorry about the difficult financial circumstances members of our community are facing. Since the pause, I have worked tirelessly to help the Company and its advisors put forward a viable plan for the Company to return coins to creditors in the fairest and most efficient way. I am committed to helping the Company continue to flesh out and promote that plan, in order to help account holders become whole.

Cadwalader, Wickersham & Taft LLP represents Mr. Mashinsky.

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Celsius withdraws motion to hire CFO back at $92,000 a month

Celsius on Thursday was sued by former investment manager Jason Stone, as pressure continues to mount on the firm amid a crash in cryptocurrency prices. Stone has alleged, among other things, that Celsius CEO Alex Mashinsky (above) was “able to enrich himself considerably.”

Piaras Ó Mídheach | Sportsfile for Web Summit | Getty Images

Embattled lending platform Celsius has withdrawn its motion to bring back ex-CFO Rod Bolger at $92,000 a month, prorated over a period of at least six weeks, according to a court document filed in the Southern District of New York on Friday. The notice of withdrawal came just ahead of a hearing scheduled for Monday to review it.

While Bolger worked full-time with the company as CFO, the original motion shows that he had a base salary of $750,000 and a performance-based cash bonus of up to 75% of his base, in addition to stock and token options, bringing the top of his total income range to around $1.3 million. The filing also indicated that Bolger is technically still on the company’s payroll.

“On June 30, 2022, Mr. Bolger gave notice to the Debtors that he was voluntarily terminating his employment,” reads the filing. “In accordance with his Termination Notice and the terms of his Employment Agreement (as defined below), Mr. Bolger is required to give the Debtors eight weeks’ notice, which he has done, and he is continuing to serve as an employee of the Debtors.”

Had the motion been approved, it is unclear whether Bolger potentially would have received compensation of $62,500 (his monthly base salary), in addition to the monthly $92,000 consulting fee Celsius had requested. The filing stated that he was continuing to serve as an employee of Celsius, but it also noted that Bolger was “not entitled to any severance payments.”

CNBC reached out to Celsius to ask about the terms of the proposed motion but did not immediately hear back to our request for comment, sent outside business hours.

The decision to dismiss the motion came three days after CNBC first reported on the request to enlist the help of Bolger as a consultant during the bankruptcy process. It also follows a formal objection submitted by Keith Suckno, a CPA and Celsius investor who challenged the move by Celsius, alleging that “little detail” was given for why Bolger’s services were necessary to the bankruptcy proceedings.

In the original motion, Celsius said it needed Bolger to help it navigate the bankruptcy proceedings as an advisor, “because of Mr. Bolger’s familiarity with the Debtors’ business.” It went on to say that during Bolger’s tenure, he led efforts to steady the business during turbulent market volatility this year, guiding the financial aspects of the business and acting as a leader of the company.

Bolger, a former CFO for Royal Bank of Canada and divisions of Bank of America, was previously with Celsius for five months before resigning on June 30, about three weeks after the platform paused all withdrawals.

Bolger’s final days at Celsius

In Suckno’s objection to bringing Bolger back to guide bankruptcy proceedings, he claimed that Bolger had “misstated the financial condition and liquidity” of Celsius in a company blog post entitled “Get to Know Rod Bolger, Chief Financial Officer, Celsius,” published five days before the platform froze withdrawals due to “extreme market conditions.”

In that post, which CNBC also reviewed, Bolger said in a print interview that Celsius’ “strong liquidity framework, established practices around liquidity data, and modeling” were similar to other large financial institutions.

“This put us in a strong position to weather the recent market turbulence and ensure that clients who needed to access their digital assets could get them free and clear,” continued Bolger’s quote in the Celsius blog post. The following Monday, the platform halted all withdrawals and transfers.

Meanwhile, two days after that blog post — and three days before Celsius froze customer funds on the platform — Bolger was featured in Celsius’ weekly ask-me-anything show on YouTube, in which he said the company welcomed regulation.

“We believe in transparency. The blockchain is about transparency. We are transparent. You know, my goal is for us to be regulated everywhere,” said Bolger in the video.

“We have voluntarily disclosed a lot of financial information. My goal — even before we’re regulated and/or public and required to do so — is to continue building out the tools that are Basel-like…Those are the standards that basically the banks work under,” continued Bolger, adding that Celsius was already evaluating market risk and operational risk, so that they could “continue to build the level of trust in the community.”

The video was published on Friday, June 10, and the following Monday, June 13, Celsius shut down its on-and-off ramps to user funds. Celsius owes its users around $4.7 billion, according to its bankruptcy filing.

CNBC sent multiple requests to Bolger on two different platforms but did not immediately hear back for comment.

After Bolger’s departure from the position of CFO, Celsius subsequently installed Chris Ferraro, then the head of financial planning, analysis, and investor relations for Celsius. Within days of his appointment, the company filed for bankruptcy protection.

Once a titan of the crypto lending world, Celsius now faces claims that it was running a Ponzi scheme by paying early depositors with the money it got from new users.

At its peak in October 2021, CEO Alex Mashinsky said the crypto lender had $25 billion in assets under management. Now, Celsius is down to $167 million “in cash on hand,” which it says will provide “ample liquidity” to support operations during the restructuring process.

That filing also shows that Celsius has more than 100,000 creditors, some of whom lent the platform cash without any collateral to back up the arrangement. The list of its top 50 unsecured creditors includes Sam Bankman-Fried’s trading firm Alameda Research.

Retail investors have filed pleas to the judge to help them recover some of their lost holdings, with some saying that their life savings have effectively been wiped out.

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Major crypto lender Celsius files for bankruptcy

July 13 (Reuters) – U.S. crypto lender Celsius Network said on Wednesday it had filed for bankruptcy in New York, becoming the latest victim in the cryptocurrency sector of a dramatic plunge in token prices.

New Jersey-based Celsius froze withdrawals last month, citing “extreme” market conditions, cutting off access to savings for individual investors and sending tremors through the crypto market.

In a court filing at the U.S. Bankruptcy Court for Southern District of New York, Celsius estimated its assets and liabilities as between $1 billion to $10 billion, with more than 100,000 creditors. The company has $167 million in cash on hand.

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“This is the right decision for our community and company,” said Celsius co-founder and Chief Executive Alex Mashinsky.

Crypto lenders such as Celsius boomed during the COVID-19 pandemic, drawing depositors with high interest rates and easy access to loans rarely offered by traditional banks. They lent out tokens to mostly institutional investors, making a profit from the difference.

But the lenders’ business model came under scrutiny after a sharp sell-off in the crypto market spurred by the collapse of major tokens terraUSD and luna in May.

Another U.S. crypto lender, Voyager Digital Ltd (VOYG.TO), filed for bankruptcy this month after suspending withdrawals and deposits. Singapore’s Vauld, a smaller lender, also froze withdrawals this month. read more

Celsius said in a statement it was not requesting authority to allow customer withdrawals, adding it had asked the court to allow it to continue operations such as paying employees.

Celsius’s move in June to freeze withdrawals prompted state securities regulators in New Jersey, Texas and Washington to launch investigations into the firms. read more

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Reporting by Maria Ponnezhath in Bengaluru; Editing by Sherry Jacob-Phillips and Edmund Blair

Our Standards: The Thomson Reuters Trust Principles.

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Crypto Crash Drags Lender Celsius Network Into Bankruptcy

Cryptocurrency lender Celsius Network LLC filed for bankruptcy protection Wednesday, a month after halting withdrawals in the wake of a collapse in digital currency prices that stretched the platform’s business model past the breaking point.

The chapter 11 filing in New York follows weeks of market speculation about Celsius, which built itself into one of the biggest cryptocurrency lenders on a pitch that it was less risky than a bank, and with better returns for its customers. But it overextended itself offering lofty yields to crypto depositors and making large loans backed by little collateral, leaving itself little cushion in the event of a market downturn.

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