Celsius Used New Customer Funds To Pay For Withdrawals

Celsius Network misled its investors -- and on occasion used new customer funds to pay for other customers' withdrawals, the usual definition of a Ponzi scheme, an independent examiner (PDF) for the U.S. bankruptcy court in New York said in a Tuesday filing. CoinDesk reports: In September, Shoba Pillay was asked by the court to offer an outside view of goings-on at the crypto lender, has now published an account of the firm's operations in the runup to bankruptcy being declared in July. "In every key respect -- from how Celsius described its contract with its customers to the risks it took with their crypto assets -- how Celsius ran its business differed significantly from what Celsius told its customers," Pillay wrote, after interviewing staffers, including former Chief Executive Officer Alex Mashinsky, as well as customers of and vendors to the company. [...] Despite repeatedly saying he was not selling CEL, and despite employees internally saying the token's true value was zero, Mashinsky sold 25 million tokens to the value of at least $68.7 million between 2018 and bankruptcy, Pillay said. Co-founders Nuke Goldstein and S. Daniel Leon are cited as making CEL sales valued at $2.8 million and $9.74 million respectively. Pillay said Mashinsky's claims to the media and on social media to "always have 200% collateral" were "far off the mark," with 14% of Celsius' institutional loans wholly unsecured in December 2020. That figure rose to nearly 36% by mid-2021 -- and even then some of the collateral was in unstable assets such as FTX's FTT token, Pillay said. "What Celsius and Mr. Mashinsky never did was correct the record after the fact for the thousands of live audience members who heard these misstatements or for those who watched the recorded videos on YouTube before they were edited," Pillay said. Pillay also uncovered "significant tax compliance deficiencies" in the company, saying that its mining arm may owe over $23.1 million in use taxes, and has reserved $3.7 million in liability in U.K. value-added tax.

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