Mashinsky files motion to dismiss NY AG suits, says it ‘parrots misinformation’
Alex Mashinsky, co-founder and former CEO of bankrupt crypto lending platform Celsius Network, has filed a response to New York Attorney General Letitia James’ suit against him. According to the document, the suit has shortcomings in presenting the facts in the case and its legal argument and should be dismissed.
James claimed in her suit on behalf of the people of New York state that Mashinsky defrauded over 26,000 New York residents out of billions of dollars, particularly by making false statements about the company’s financial situation.
Mashinsky’s response alleges the suit “parrots misinformation,” shows a lack of understanding of Celsius’ business, and cherry-picks statements from Mashinsky’s 180 weekly YouTube appearances. In addition, the suit allegedly did not consider circumstances beyond Mashinsky’s control, that is, the crypto market downturn.
While Banks are not your friends @Mashinsky is definitely your enemypic.twitter.com/7xpgyebGuH
The response also faulted the suit’s application of the Martin Act, New York’s strict “blue sky” securities law, and other statutes cited in its seven counts. The response stated:
James’ suit against Mashinsky was announced Jan. 5 and amended in March. Notably, at least for Mashinsky’s response, the suit does not name Celsius as a defendant, only Mashinsky.
The creative lawyers defending fraudster Alex @Mashinsky are claiming that #Celsius Earn accounts are not securities the rewards they offered were based upon revenue.Behold, the seldom used Ponzi defense! pic.twitter.com/f3OXG3elEm
Celsius declared bankruptcy on July 13, 2022, after pausing withdrawals a month prior. Depositors still have not received their money back, although Celsius settled with decentralized finance market
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