Mashinsky’s 12-year sentence sets tone of enforcement in Trump era
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.”
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.
Related: US stablecoin bill loses democrats amid Trump corruption concerns
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.
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Politics
Red Wall MPs should focus on two-child benefit cap rather than winter fuel, Harriet Harman says
Red Wall MPs should push for the two-child benefit cap to be lifted rather than a reversal of the winter fuel payment policy, Baroness Harriet Harman has said.
Baroness Harman, the former Labour Party chair, told Sky’s Electoral Dysfunction podcast that this would hand the group a “progressive win” rather than simply “protesting and annoying Sir Keir Starmer” over winter fuel.
Earlier this week, a number of MPs in the Red Wall – Labour’s traditional heartlands in the north of England – reposted a statement on social media in which they said the leadership’s response to the local elections had “fallen on deaf ears”.
They singled out the cut to the winter fuel allowance as an issue that was raised on the doorstep and urged the government to rethink the policy, arguing doing so “isn’t weak, it takes us to a position of strength”.
Labour’s decision to means test the policy has snatched the benefit away from millions of pensioners.
But Baroness Harman said a better target for the group could be an overhaul of George Osborne’s two-child benefit cap.
The cap, announced in 2015 as part of Lord David Cameron’s austerity measures, means while parents can claim child tax credit or Universal Credit payments for their first and second child, they can’t make claims for any further children they have.
Labour faced pressure to remove the cap in the early months of government, with ministers suggesting in February that they were considering relaxing the limit.
Baroness Harman told Beth Rigby that this could be a sensible pressure point for Red Wall MPs to target.
She said: “It could be that they have a kind of progressive win, and it might not be a bad thing to do in the context of an overall strategy on child poverty.
“Let’s see whether instead of just protesting and annoying Sir Keir Starmer, they can build a bridge to a new progressive set of policies.”
Jo White, the Labour MP for Bassetlaw and a member of the Red Wall group, suggested that her party’s “connection” to a core group of voters “died” with the decision to means test the winter fuel payment for pensioners.
“We need to reset the government,” she told Electoral Dysfunction. “The biggest way to do that is by tackling issues such as winter fuel payments.
“I think we should raise the thresholds so that people perhaps who are paying a higher level of tax are the only people who are exempt from getting it.”
Pic: AP
A group of MPs in the Red Wall, thought to number about 40, met on Tuesday night following the fallout of local election results in England, which saw Labour lose the Runcorn by-election and control of Doncaster Council to Reform UK.
Following the results, Sir Keir said “we must deliver that change even more quickly – we must go even further”.
Some Labour MPs believe it amounted to ignoring voters’ concerns.
Read more:
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One of the MPs who was present at the meeting told Sky News there was “lots of anger at the government’s response to the results”.
“People acknowledged the winter fuel allowance was the main issue for us on the doorstep,” they said.
“There is a lack of vision from this government.”
Another added: “Everyone was furious.”
Downing Street has ruled out a U-turn on means testing the winter fuel payment, following newspaper reports earlier this week that one might be on the cards.
A man from the US state of Virginia will spend over three decades behind bars after being convicted of sending crypto to the terrorist organization commonly known as the Islamic State of Iraq and Syria.
Federal Judge David Novak sentenced Mohammed Azharuddin Chhipa to 30 years and four months in prison on May 7 for sending over $185,000 to the Islamic State, the Department of Justice said on May 8.
Prosecutors said that from around October 2019 until October 2022, the 35-year-old Chhipa collected and sent money to female Islamic State members in Syria, which helped them escape prison camps and funded fighting.
The Justice Department said Chhipa would raise funds for the United Nations-designated terror organization through social media — receiving money online, or traveling hundreds of miles to accept donations in person.
He’d convert the money into crypto and send it to Turkey for it to be smuggled to Islamic State members across the border in Syria, prosecutors said.
A federal jury convicted Chhipa in December, finding him guilty on a charge of conspiracy to provide support to a terrorist organization and four charges of providing and attempting to provide support to a terrorist organization.
“This defendant directly financed ISIS in its efforts to commit vile terrorist atrocities against innocent citizens in America and abroad,” Attorney General Pam Bondi said in a statement. “This severe sentence illustrates that if you fund terrorism, we will prosecute you and put you behind bars for decades.”
Chhipa tried to flee US during FBI probe
Prosecutors said that during the Federal Bureau of Investigation’s investigation into Chhipa, he tried to flee the country to escape prosecution and tried to hide his tracks through a series of actions seemingly aimed at confusing authorities.
According to a motion for detention filed in August, FBI agents searched Chhipa’s house on Aug. 2, 2019, and that night Chhipa drove to a bank, withdrew $1,800 from an ATM, and then went to a Taco Bell, where he paid a stranger for a ride to a relative’s house. The relative then drove him to a grocery store.
Related: US Treasury sanctions Myanmar militia group for alleged crypto scams
Three days later, prosecutors said Chhipa “purchased a series of bus tickets using variations and/or misspelling of his name and recently created email accounts.”
He then travelled from Virginia to Mexico and onto Guatemala. He then bought tickets to fly from Guatemala to Panama, then onto Germany, and then to Egypt, but an Interpol Blue Notice was issued, and he was returned to the US.
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