The US federal court for the Southern District of New York has sentenced former Celsius CEO Alex Mashinsky to 12 years in prison for fraud.
Mashinsky’s legal team sought a light sentence. They highlighted his spotless record before the Celsius incident, along with his military service and willingness to plead guilty. But US prosecutors were less inclined to leniency, suggesting on April 28 that the judge deliver a 20-year sentence for his actions.
Betting markets predicted a light sentence ahead of the May 8 hearing. Polymarket showed only 11% odds for a 20-year sentence or higher.
President Donald Trump began his second term with high-profile pardons of crypto executives, signalling that his administration may bring leniency to crypto fraudsters like Mashinsky. His sentencing today, however, suggests otherwise.
Trump’s DOJ wants Mashinsky sentence to serve as a warning
Crypto-related crimes have their limits, according to the current US Department of Justice. Jay Clayton, the Trump-nomianted US attorney leading the prosecution, said on April 28 that the suggested 20-year sentence serves as a “critical warning to other entrepreneurs, executives, and promoters in the cryptocurrency industry and in any future industry as-yet unconceived: that fraud will be punished severely, regardless of the technology or industry in which it occurs.”
Bitcoin advocate Jameson Lopp quotes the prosecution’s argument that Mashinsky targeted retail investors. Source: Jameson Lopp
Clayton argued that a strong sentence was warranted as the fraud targeted unsophisticated retail investors rather than institutional parties with protections and expertise. Mashinsky “preyed on ordinary individuals who relied on his promises of safety and financial security.”
The Mashinsky defense team drew attention to Mashinsky’s character, highlighting his long career in business, devotion to family and service with the Israel Defense Forces.
His lawyers also drew distinctions between Mashinsky’s case and that of Bankman-Fried, claiming, “There are no allegations — let alone any proof — that Alex misappropriated, embezzled or stole any customer assets or any Celsius money.”
On May 5, Mashinsky’s legal team argued that these mitigating factors should warrant a sentence of no more than 366 days.
“The government’s venom-laced submission recasts this case as one involving a predator with an intent to target victims, harm them, and steal their money,” his team said.
Mashinsky’s lawyers called the suggested 20-year term a “death-in-prison sentence.”
Mashinsky’s sentence follows high-profile Trump pardons for crypto execs
Trump started his term with the pardon of Silk Road 2.0 founder Ross Ulbricht, whose acceptance of Bitcoin (BTC) on his narcotics trading platform endeared him to the crypto community.
The president also commuted the sentences of Arthur Hayes, Benjamin Delo and Samuel Reed, three BitMEX crypto exchange executives who pleaded guilty to violating the Bank Secrecy Act and failing to establish a proper Anti-Money Laundering program.
Sam Mangel, a consultant to white-collar convicts who advised former Trump staffer Steve Bannon and Bankman-Fried, told Politico there has been a large spike in interest in presidential pardons.
“Everybody that is in prison now is keenly aware of the environment, and it’s become a very hot topic within the low- and minimum-security inmate communities,” said Mangel.
High-profile crypto defendants seem to have taken notice, too. Roger Ver, an early Bitcoin advocate and libertarian activist, is facing federal tax evasion charges. In January, he released a video making an outright plea to Trump for a commutation. Ver claimed that he is the victim of lawfare and likened his persecution to Trump’s legal problems following the Jan. 6 scandal.
Sam Bankman-Fried, the disgraced former CEO of now-defunct exchange FTX, likened his court experience with Trump’s defamation lawsuit in an interview with The New York Sun on Feb. 18. He claimed his trial was politicized under the Biden administration and that he didn’t think there was “a very fair and balanced view or approach.” His parents also reportedly met with lawyers and people close to the Trump administration to explore the possibility of a presidential pardon.
Trump’s commutation of the BitMEX executives has even led former Binance CEO Changpeng Zhao to apply for clemency. On May 6, Zhao said that his lawyers had submitted an application and were awaiting a response.
The current administration is still writing the rules of the road as regulators reshuffle personnel and priorities and new legal frameworks for crypto take shape. The picture is further muddled by Trump’s own crypto projects, which have raised concerns over corruption and conflicts of interest. Mashinsky’s sentence shows that, for the financial world, certain crimes will not go unpunished.
With more than a year until US elections to determine control of Congress, a new poll suggested some crypto-minded Democratic voters could be swayed to vote Republican.
It is not hard to see why Sir Keir Starmer ends up doing quite so many foreign trips.
On the road to Mumbai, India, from the airport there were giant pictures of the British prime minister looming over the sealed-off roads cleared for his special VIP convoy.
There was nothing short of a carnival along the roadside to greet the cars.
Image: Sir Keir Starmer during a visit to an FA Premier League training facility in Mumbai. Pic: PA
People who knew nothing about Sir Keir – and were happy to admit so to me – dressed up for the occasion in plumes of feathers and chicken costumes and danced to music. The Labour conference does not come close to that.
This trip has a big first – 125 blue chip business leaders, more than any business delegation in history – are here. The enthusiasm to take advantage of the signed, though not completed, free trade deal is clear.
“I think the importance of this trip is reflected by the huge British delegation we’ve got here today,” said Shevaun Haviland, director general of the British Chambers of Commerce.
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“A hundred and twenty five businesses, biggest UK names Beattie, BP, British Airways, Diageo, Virgin, huge businesses all the way through to incredible AI and energy start-ups from around the UK.”
But business leaders have been clear to me that they haven’t simply joined the delegation to further their activities in India. They want to raise their profile with the prime minister, in order to ensure their voice is heard when it needs to be by the government.
Image: Sir Keir Starmer at a Diwali ceremony in Mumbai. Pic: PA
And the picture some paint of life back in the UK is more challenging. CEO of leading architecture firm Benoy, Tom Cartledge, said how 10 to 15 years ago their business was 90% UK activity, and now it is 90% overseas. He said markets like India are important in part because the UK environment is challenging.
“We’re having to go and find new markets because what we do is design big projects, infrastructure, real estate towers, residential, retail,” he told me.
He went on: “There really is a perception of overseas markets that we are sluggish, low productivity, high tax rates. And that does nothing for the confidence. And in fact, I spoke to an Indian client this morning who said that they are relocating from the head offices to Dubai, because the perception is it’s going to get harder, it’s going to get tougher in the UK and we just do not need that.”
It is rare for business figures on a PM delegation to speak so openly.
Image: The PM visits a Premier league youth training facility with ex-England footballer Michael Owen. Pic: PA
Ms Haviland told me that business figures are using this trip to pass a message to the prime minister.
“We want to see no more tax for business,” she told me, saying that’s the message being conveyed right now in India. I asked what they say back? “They hear us,” she replied. “I think we’ll have to wait and see.”
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Starmer visits Bollywood
Another important voice is Rohan Malik, managing partner of EY. He says there’s an optimistic case for the UK over the medium term but suggested short-term challenges for the government.
“No one likes taxes, but at the same time, they are a necessary way for the government to balance the books.
“If I take a five or seven-year view, I feel more optimistic about the future, because I do think some short-term pain will lead to some long-term gains.”
Does he think the business community could bear paying a bit more?
“I think it’s going to be tricky for the chancellor,” he said.
“I don’t envy her position at all to be looking at different, but she’s got other of disposal businesses, but not like more taxation. At the same time, we have to be prepared to understand how do we try and contribute more towards economic growth?”
The candour is not something I can remember from business delegations in the past. That’s a response to the nervousness about a £20bn-£30bn black hole Chancellor Rachel Reeves will have to fill in the November budget. Overall the delegates remain on side – for now.
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