Celsius founder agrees to permanent industry ban and up to $35M in state payments
New York settlement bans Mashinsky from crypto business, adds state payment obligations
Alex Mashinsky, the founder of bankrupt crypto lender Celsius, has agreed to a permanent ban from the securities, commodities, and crypto business as part of a New York settlement announced on October 9, 2026. The deal also creates up to $35 million in conditional payment obligations to the state of New York, without establishing a new payout to Celsius creditors.
The settlement resolves New York's civil lawsuit against Mashinsky, which was filed in January 2023. It adds to a separate federal criminal case in which Mashinsky is serving a 12-year prison sentence handed down on May 8, 2025.
Key terms of the agreement
- Mashinsky faces a permanent ban from roles such as broker, investment adviser, manager, officer, or consultant in the securities, commodities, and crypto industries.
- The ban prohibits providing investment advice for compensation or economic benefit.
- An exception allows Mashinsky to make his own personal purchases and sales of crypto.
- $25 million in damages to New York can be satisfied by a qualifying $10 million payment to the US Department of Justice.
- A separate $10 million judgment can be satisfied by completion of his federal imprisonment, subject to certain exceptions.
- Mashinsky admitted he misled investors about Celsius's regulatory approval status and his own sales of CEL tokens.
How the payment obligations work
The $25 million obligation to New York is deemed satisfied if a qualifying $10 million payment to the DOJ under his federal forfeiture order counts toward it. Payments made to the DOJ after May 20, 2025, may qualify dollar for dollar. If that specified payment is not made, New York's Attorney General is due the full $25 million.
The second obligation, a $10 million judgment, is tied to Mashinsky completing his prison sentence. However, the terms include exceptions: if his sentence is overturned or reduced by a court, or if he receives compassionate release, good-time credits, earned-time credits, early release under the First Step Act, or home confinement through a Bureau of Prisons program, the obligation may still apply.
The federal forfeiture order from May 2025 set total forfeiture at $48.4 million.
Creditor distributions so far
New York's Attorney General reports that Celsius distributed more than $3.4 billion to creditors as of August 2026. The settlement does not create a new creditor distribution. A qualifying DOJ payment would establish compliance with one settlement condition but not serve as a new payment to creditors.
Why this matters
The permanent industry ban prevents Mashinsky from working in financial and crypto businesses again, though he retains the right to buy and sell crypto for personal use. The conditional payment structure ties state obligations to actions in his federal case, meaning some of the $35 million may be satisfied through court processes rather than direct payments.
What happens next
The settlement is tied to Mashinsky's ongoing federal case. The state obligations depend on whether qualifying payments are made to the DOJ and whether his sentence is completed or modified through the listed exceptions. No new timeline for creditor payouts was announced as part of this settlement.