Arkansas resident Taylor Goines has filed a class action lawsuit against Celsius for selling unregistered securities, comparing the crypto lender’s operations to a Ponzi scheme.
The presentation was initially made public by John Reed Stark. Dirige John Reed Stark Consulting, which helps companies in the FinTech space with SEC and FINRA compliance.
Goines is the plaintiff representing all members of the United States who purchased Celsius Earn Rewards, CEL Tokens, and Celsius Loans between February 2018 and the present.
He compared the lender’s operation with and ponzi Scheme, where new investors have to come on board to pay the return to old investors on an ongoing basis.
The company it was declared bankrupt of Chapter 11 In New York recently after freezing client funds in early June. Filing for bankruptcy, the company said, would give it breathing room to stabilize its operations.
If there were not frozen withdrawals last monththe company said it would have experienced a “bank run” scenario in which transactions for the first few withdrawals would have been honored, while the outcome for smaller withdrawals would have been less secure.
Mashinsky and others under fire
Celsius made money lending to institutional borrowers at higher interest rates than those it offered for deposits, promoting high-yield investment products as low risk but high return.
He began to venture into high-risk investments in 2020 after appetite for institutional loans wanedinvesting funds in decentralized finance products (DeFi) without considering the risks that accompany them.
The presentation alleges that Celsius and its executives continually made misleading statements about how certain products were managed and that the company failed to register its performance or interest-bearing products with the Securities and Exchange Commission.
The demand defines the values according to the Section 2(a)(1) of the Securities Act, 15 USC §77b(a)(1) and alleges that Celsius violated Sections 5(a), 5(c), and 12(a) of the Securities Act, 15 USC §§77e(a), 77e(c), and 771(a). Section 5 (a) involves the interstate sale of unregistered securities, while Section 5(c) requires sellers to register a valor.
Section 12 (a) provides a legal basis for buyers of unregistered securities to sue sellers.
Other accusations claim that Alexander Mashinsky and other Celsius executives got rich with the inflated prices of CEL tokens at the expense of customers. The plaintiff demands restitution derived from the difference between the purchase and sale of Celsius products.
Consultant criticizes Celsius’s lack of registration with the SEC
Stark criticized Celsius in a LinkedIn post after publication of the lawsuit documents. He pointed out that the only recourse facing victims of Celsius is the money from the bankruptcy results, since Celsius was not registered with the SEC and did not provide federal deposit insurance to its customers in the event of default.
Last week, a former Celsius employee, Jason Stone, sued the company for manipulating the cryptocurrency markets and accounting practices little solid.
The plaintiff demands a jury trial, that Stark cree that Celsius will lose. It is unknown if there is enough money left to compensate the victims after the litigation.
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