The Vermont securities regulator has filed a motion in support of appointing an independent examiner in which it tore into Alex Mashinsky’s model at Celsius.
Attorneys for the bankrupt lender also revealed that they were in support of the trustee’s request to appoint of an independent examiner to probe the firm.
Celsius wants to only return funds to customers who hold assets in Custody and Withhold accounts, leaving out anyone who participated in the lending program.
KeyFi founder Jason Stone, who managed billions for Celsius, sued the lender over reckless risking of customer funds, but Celsius is countersuing him for theft.
Celsius has been violating securities regulations by offering its Earn Rewards accounts in the state while also making materially false statements, according to the Department of Financial Protection and Innovation.
Monday’s hearing in the Southern District of New York also revealed that Celsius’ proposed pathway to recouping its massive losses depend on the success of its wholly owned digital currency mining subsidiary, Celsius Mining.
Celsius Network has an estimated 100,000 creditors and has $12 billion under management as of May 2022, although it's unclear what its exact financial position is as of the announcement.
Several “crypto hedge funds” have been rumored to be insolvent as they were exposed to digital currency prices via leverage, and somewhat linked to other companies that all have issues simply because the prices fell.
The digital asset lending company recently updated its risk disclosure to point out that aside from lost keys and stolen coins, regulators are now a risk.