Alex Mashinsky, founder of bankrupt crypto lender Celsius, agreed to a permanent industry ban under a New York settlement announced on Oct. 9. The settlement resolves New York's civil suit filed in January 2023. The agreement adds state obligations to a separate federal criminal case. Mashinsky is serving a 12-year prison sentence.
The agreement sets conditional payment obligations to New York of up to $35 million without creating a new payout to Celsius creditors. The first obligation is $25 million in damages to New York. Paragraph 2 of the annexed consent order deems that obligation satisfied by a qualifying $10 million payment to the US Department of Justice. The qualifying payment must meet paragraph 11 of Mashinsky's federal forfeiture order. DOJ payments made after May 20, 2025, may count dollar for dollar toward that $10 million. New York's Attorney General is due the entire $25 million if the specified payment is not made.
The second obligation is a separate $10 million monetary judgment payable to New York. Paragraph 3 deems that judgment satisfied by completion of Mashinsky's imprisonment under the federal judgment entered May 12, 2025, subject to express exceptions. The exceptions cover a sentence overturned or reduced by a court, including through a Section 2255 challenge. The clause also lists compassionate release, good-time credits, earned-time credits, First Step Act early release and home confinement through a Bureau of Prisons program.
New York describes the industry ban as permanent. The agreed restrictions cover securities and commodities businesses, including crypto, and roles such as broker, investment adviser, manager, officer and consultant. The restrictions also prohibit investment advice distributed for compensation or economic benefit. However, the terms retain an exception for Mashinsky's personal purchases or sales. The stipulation records Mashinsky's admission that Mashinsky misled investors about Celsius's regulatory approval and Mashinsky's own sales of Celsius's CEL token.
The court sentenced Mashinsky on May 8, 2025. The stipulation records federal forfeiture ordered at $48.4 million. The New York Attorney General says Celsius distributed more than $3.4 billion to creditors as of August 2026. Qualifying DOJ payments would establish compliance with one settlement condition but would not establish another creditor distribution.