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Breaking: Celsius Network fined $4.7B by FTC

The regulator said Celsius “squandered billions in user deposits” after “duping” customers into depositing funds.

The United States Federal Trade Commission has issued a $4.7-billion fine against bankrupt crypto lender Celsius Network. However, the judgement will be suspended to “permit Celsius to return its remaining assets to consumers in bankruptcy proceedings.”

According to the July 13 announcement, Celsius and its affiliate companies will be permanently banned from “offering, marketing, or promoting any product or service that could be used to deposit, exchange, invest, or withdraw any assets.”

The New Jersey-based firm marketed a variety of cryptocurrency products and services to consumers, such as interest-bearing accounts, personal loans secured by their cryptocurrency deposits and a cryptocurrency exchange. In its complaint, the FTC alleged that co-founders Alex Mashinsky, Shlomi Leon and Hanoch Goldstein marketed the platform as a “safe place” for consumers to deposit their cryptocurrency while misappropriating over $4 billion in consumers’ assets. The co-founders have not agreed to a FTC settlement and the case against them will proceed to federal court. 

In addition, the FTC accused Celsius of making $1.2 billion in unsecured loans, falsely stating that it had a $750-million user insurance policy and lacking any means of tracking its assets and liabilities until late-2021. Even during the onset of the 2022 cryptocurrency bear market, executives allegedly lied about the well-being of the company, as told by the FTC:

“While lying to their customers to keep them from withdrawing their cryptocurrency deposits, Leon, Goldstein, and Mashinsky protected themselves by withdrawing significant sums of cryptocurrency from Celsius two months before the company filed for bankruptcy. Consumers subsequently lost access to their life savings, college funds, and money saved for retirement.”

The same day, the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission also filed lawsuits against Celsius. At the same time, Mashinsky was indicted on seven fraud-related charges by the U.S. Department of Justice and was subsequently taken into custody. Celsius previously filed for bankruptcy last July.

Celsius’ promotional advertisements before bankruptcy. Source: FTC

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FTC announces investigation into Voyager’s ‘deceptive and unfair marketing’ of crypto

In an objection to Voyager’s proposed restructuring plan, the commission argued some of the involved parties should not be exempt from certain financial claims in the future.

The United States Federal Trade Commission said it had started an investigation of crypto lending firm Voyager Digital parallel to the company’s bankruptcy proceedings.

In a Feb. 22 filing in U.S. Bankruptcy Court for the Southern District of New York, the FTC said it was investigating Voyager and its employees “for their deceptive and unfair marketing of cryptocurrency to the public.” The announcement followed Bankruptcy Judge Michael Wiles initially approving of a plan in which Voyager debtors would sell the firm’s assets to Binance.US for more than $1 billion.

According to the FTC filing — an objection to the debtors’ plan — the commission argued some of the parties involved in Voyager’s bankruptcy proceedings should not be exempt from certain financial claims, “including debts for ‘false representation,’ and ‘false pretenses’”:

“By not excluding, inter alia, false pretenses and false representations, the release can be read to interfere with causes of action by a governmental unit like the FTC. This is impermissible [...] the FTC respectfully requests the Court deny confirmation of the Debtors’ Proposed Plan.”

Voyager filed for Chapter 11 bankruptcy in the United States in July 2022 prior to similar filings from Celsius Network, FTX and BlockFi. One of the proposed plans for restructuring the firm would have Binance.US acquire Voyager’s assets, but the U.S. Securities and Exchange Commission has objected to the move, citing a lack of “necessary information.”

Related: Voyager creditors serve SBF a subpoena to appear in court for a ‘remote deposition’

Bankruptcy proceedings for Celsius and FTX are also ongoing, with respective chief executive officers Alex Mashinsky and Sam Bankman-Fried facing scrutiny from U.S. authorities for their alleged actions prior to the companies filing for Chapter 11. Under Celsius’ proposed restructuring plan, more than 85% of users were expected to recover roughly 70% of their funds.

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