According to Cointelegraph, former Celsius CEO Alex Mashinsky has agreed not to claim any assets from the proceeds of Celsius' bankruptcy. This development follows a motion filed by the United States Bankruptcy Court for the Southern District of New York, which outlines an agreement between Celsius debtors and Mashinsky, along with AM Ventures Holdings Inc., Koala1 LLC, and Koala3 LLC. The agreement prevents these parties from receiving any distribution from the bankruptcy proceeds.
The court's decision allows Celsius debtors to distribute funds that were previously tied up due to claims made by Mashinsky and the associated entities. The court has retained jurisdiction over all matters related to this case, ensuring that any disputes concerning the stipulation and order will be resolved exclusively by the court. However, this jurisdiction does not extend to the ongoing criminal case involving Mashinsky.
In May, Mashinsky was sentenced to 12 years in prison after being found guilty of fraud by a U.S. judge. His legal team had argued for a more lenient sentence, citing his military service and his guilty plea in December. The U.S. Department of Justice had initially sought a 20-year sentence, which Mashinsky's lawyers argued would effectively be a "death-in-prison sentence."
Celsius creditors have been actively reclaiming assets, with over $1 billion claimed so far this year. In August 2024, Celsius distributed more than $2.5 billion to over 251,000 creditors. However, approximately 121,000 creditors did not file claims, as their amounts were less than $1,000, with most losing less than $100. In November 2024, Celsius announced plans to distribute $127 million from its "Litigation Recovery Account" to creditors, including retail borrowers, depositors, and users of its Earn program.
Celsius has been navigating Chapter 11 bankruptcy proceedings since July 2022, reaching two settlements in July 2023 to exit the process. Chapter 11 bankruptcy allows businesses in the U.S. to restructure while avoiding immediate creditor actions. This legal framework has enabled Celsius to manage its financial obligations and work towards resolving its bankruptcy issues.
