Celsius founder Alex Mashinsky seeks to vacate 12‑year fraud sentence

Alex Alexander Mashinsky, the founder and former chief executive of the collapsed crypto‑lending platform Celsius, has asked a federal court to vacate his 12‑year prison sentence, arguing that the sentencing relied on flawed evidence and conflicted counsel [1]. The motion, filed in the Southern District of New York, does not seek to overturn his guilty plea but challenges the way losses and sentencing enhancements were calculated [2].

Key takeaways

• Mashinsky was sentenced to 144 months after pleading guilty to commodities and securities fraud [1].
• His motion claims the court used “tainted” evidence and that his counsel suffered a conflict of interest due to financial distress [2].
• The filing disputes loss calculations and several sentencing enhancements, including leadership‑role and market‑manipulation factors [1].
• If the court denies the motion, the 12‑year term will remain in effect; a grant could lead to a new sentencing review [1].

Motion to vacate cites procedural and evidentiary flaws

Mashinsky’s handwritten petition argues that the sentencing judge relied on unreliable loss figures and that the prosecution’s enhancements were applied too broadly [1]. The defense contends that the loss attribution—billions of dollars tied to Celsius’s collapse—overstates Mashinsky’s direct role and fails to separate market‑driven declines from company‑specific actions [1]. Additionally, the motion raises constitutional concerns, asserting that due‑process rights were compromised by how evidence was presented [1].

A separate claim in the filing focuses on ineffective counsel, alleging that Mashinsky’s law firm, Mukasey & Young LLP, was under undisclosed financial duress that created a conflict of interest, particularly because the firm also represented FTX founder Sam Bankman‑Fried [2]. Mashinsky asserts that this “fruit of a poisonous tree” tainted the sentencing process, and that the counsel’s conflict affected strategic decisions throughout the case [2].

Sentencing background and potential outcomes

Mashinsky pleaded guilty on December 3, 2024, to commodities and securities fraud, admitting that he misled customers about the safety of their digital assets while the platform faced severe liquidity pressures [3]. Prosecutors highlighted that Celsius marketed itself as a safe, yield‑generating service while engaging in risky bets and alleged manipulation of its native CEL token, actions that they said enriched insiders at the expense of retail investors [3]. The court applied federal sentencing guidelines that increase penalties when financial harm exceeds certain thresholds, leading to the 144‑month term [1].

The court now must decide whether Mashinsky’s claims meet the threshold for post‑judgment relief. A denial would leave the sentence intact, while a grant could result in a new sentencing hearing or a reduction based on revised loss calculations and removed enhancements [1].