Celsius Network, the embattled crypto lending company declared bankrupt in July 2022, is seeking an “adversary complaint” against private lending platform EquitiesFirst, per a sealed bankruptcy document filed on Sept. 6. The intent? To reclaim its assets. According to the docket entry on the bankruptcy document, the issue aligns with the need for injunctive relief and a declaratory judgment, broadly connected to ‘the recovery of money/property’.
But there’s a twist. Alex Mashinsky, Celsius’s co-founder and ex-CEO, was detained in July on fraud allegations. With charges from the U.S. attorney’s office in Manhattan that include securities, commodities, and wire fraud, his assets stand frozen as the criminal case unfolds. The fallout? Mashinsky seems to have lost control of funds across bank accounts like Goldman Sachs, First Republic Securities, Merril Lynch, SoFi Bank, as well as SoFi Securities.
Meanwhile, EquitiesFirst is knee-deep in its own quandaries. A report by Financial Times in 2022 indicated EquitiesFirst owes a staggering $439 million to Celsius, a sizeable segment of Celsius’s assets. This becomes pivotal for the vast customer base of Celsius, hoping to recuperate some of their dissipated savings. On its part, EquitiesFirst stated it’s repaying Cesius $5 million per month in cash and BTC.
On the day of filing the adversary complaint, Celsius issued a separate summons compelling EquitiesFirst to respond to the complaint within 35 days.
But there’s another subplot in this tangled web. The creditors of Celsius Network are currently deciding on an alternative ‘out-of-bankruptcy’ strategy; whether to cede assets to the Fahrenheit consortium, forming a part of the bankruptcy procedure. Should this move be endorsed, creditors are slated to recoup anywhere between 67%-85% of holdings—painting a faint glimmer of hope for those wedged in this fiasco.
The intriguing play of events surrounding Celsius and EquitiesFirst traverse the wide spectrums of accountability, client trust, and regulatory dynamics. It’s a grim reminder that while the lure of crypto trading looms large, it’s not devoid of peril. This signifies an escalating impulse for more substantial, robust regulations for protecting investor interest and maintaining market stability.
Source: Cryptonews
