Crypto lender Celsius misled investors, Vermont regulator says

Celsius Network Ltd., the bankrupt cryptocurrency lender, may have hidden its financial trouble from its investors and "engaged in the improper manipulation of the price" of the platform's tokens to boost the company's balance sheet and financials, according to a new court filing. 

The Vermont Department of Financial Regulation submitted the filing on Wednesday in support of the United States Trustee's motion to appoint an independent examiner. The trustee handling Celsius's bankruptcy case previously said that it is seeking an examiner to help get additional information and clear up "confusion and anxiety."

Celsius Bankruptcy Stings Caisse After $150 Million Investment
SOPA Images/Photographer: SOPA Images/LightR

The latest filing shows that, based on a preliminary analysis of financial records, Celsius posted "massive losses" in the first seven months of 2021 and experienced "two material adverse events" in June and July of that year. And that the company had kept its losses from investors, despite state and federal securities laws requirements to disclose its financial statements.

Moreover, the filing also alleged that Celsius may have manipulated the price of its CEL token. The move may have "artificially" inflated the company's CEL holdings on its balance sheet.

The company "never earned enough revenue to support the yields being paid to investors," the filing said.

"During the course of the multistate investigation, it has become clear that Celsius, through its CEO Alex Mashinsky and otherwise, made false and misleading claims to investors about, inter alia, the company's financial health and its compliance with securities laws," the filing said. "Both of which likely induced retail investors to invest in Celsius or to leave their investments in Celsius despite concerns about the volatility of the cryptocurrency market."

The Vermont and other state regulators are "especially concerned" about losses suffered by Celsius's retail investors, including those who have invested their college funds or retirement accounts with Celsius.

"The appointment of an examiner is critical to ensure the interests of these investors are protected," the filing said.

Bloomberg reported that the lender asked for a U.S. bankruptcy judge's permission to release about $50 million worth of cryptocurrencies stuck in so-called custody accounts on Celsius so it can give coins back to users who are locked out. But it was just a fraction of the more than $200 million trapped in custody accounts on the platform.

Bloomberg News
Regulation and compliance Bankruptcy Cryptocurrency
MORE FROM AMERICAN BANKER