Crypto

No! Judge Rejects Former Celsius CEO’s Attempt To Dismiss Fraud Charges

In a significant development for the cryptocurrency industry, a former executive of Celsius Network, a now-defunct cryptocurrency firm, is set to continue his legal battle. The United States federal court has denied the motion to dismiss charges against him, signaling a broader scrutiny of the digital currency sector.

Motion Denied By Federal Court

Alex Mashinsky, the ex-CEO of Celsius Network, attempted to convince a US federal judge to dismiss two criminal charges related to the manipulation of cryptocurrency prices and fraud. However, his efforts were unsuccessful. Judge John Koeltl of the US District Court for the Southern District of New York rejected Mashinsky’s motion, thus propelling him to face a total of seven charges in connection to his role in Celsius. This decision marks a crucial point in the legal proceedings against Mashinsky as the trial is set to commence in January 2025.

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Judge’s Rationale

The ruling by Judge Koeltl emphasized that Mashinsky’s reasons for dropping the charges were “either moot or without merit.” This decision upholds the charges, pushing the former CEO to prepare his defense for the upcoming trial. The case is a pivotal moment not just for Mashinsky but also for the legal landscape surrounding cryptocurrency regulations.

Mashinsky’s Defense and Court’s Response

Mashinsky’s legal team argued that their client should not be charged with violations under both the Commodity Exchange Act and the Securities Exchange Act of 1934, claiming these charges pertain to the same conduct. However, Judge Koeltl countered this assertion, stating that a conviction under the Securities Exchange Act does not preclude a violation of the Commodity Exchange Act.

Challenges to Market Manipulation Charges

Mashinsky further contended that the commodities charge was “legally insufficient,” arguing that state prosecutors did not adequately demonstrate that the platform’s investors were depositing Bitcoin into a program promising weekly rewards. The federal judge dismissed this claim, highlighting that the argument presents a factual question that cannot be resolved at this stage of the case.

Legal Precedents in Market Manipulation

Judge Koeltl also dismissed Mashinsky’s motion to drop the market manipulation charges, labeling them as “meritless.” He referred to a prior ruling by the US Court of Appeals for the Second Circuit, which stated that open-market transactions, though not inherently manipulative, could be considered manipulative if accompanied by manipulative intent.

Celsius Network’s Legal Challenges

Celsius Network once held a prominent position in the cryptocurrency industry. However, the firm faced a significant downfall in 2022, following the freezing of customer withdrawals and subsequent filing for bankruptcy due to a substantial balance sheet deficit. This collapse prompted the Securities and Exchange Commission (SEC) to charge Mashinsky with fraud and market manipulation, alleging that he misled investors about the safety of CEL, the company’s cryptocurrency.

Potential Consequences for Mashinsky

If convicted on all seven charges, Alex Mashinsky faces the possibility of spending up to 115 years in prison. As of now, the former CEO has not entered a plea regarding these charges. The ongoing legal proceedings underscore the increasing regulatory focus on the cryptocurrency sector and the accountability of its key figures.

Emma Horvath

After graduating Communication and Media Studies MA in Eötvös Loránd University, Emma started to realize that her childhood dream as a creative news reporter committed to find dynamic journalism stories. I'm a passionate journalist with a keen interest in the fast-evolving world of cryptocurrencies. I've been reporting on the latest developments in the crypto industry for several years now, covering breaking news and providing insights on how the market is trending. I'm adept at analyzing daily market movements, researching ICOs, and keeping track of the latest innovations in blockchain technology. My expertise in the space makes her a trusted voice in the crypto community. Whether it's the latest Bitcoin price movements or the launch of a new DeFi platform, I am always at the forefront, bringing her readers the most up-to-date and informative news.

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