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New York’s civil case against former Celsius CEO Alex Mashinsky was resolved by an October 8, 2026 consent judgment providing for two monetary components totaling up to $35 million. The figure is not an unconditional $35 million cash payment to New York: the $25 million damages obligation has a specified route to satisfaction through a payment to the U.S. Department of Justice, while a separate $10 million judgment is deemed satisfied upon completion of Mashinsky’s prison sentence, subject to exceptions in the order. The filing also records specific admissions, restricts his securities and commodities activity, and requires cooperation with the New York Attorney General (OAG). Read the filed stipulation and consent judgment.
What does “up to $35 million” mean?
The October 8, 2026 filing in People of the State of New York v. Alex Mashinsky, Index No. 450040/2023, is a 17-page stipulation and consent judgment with an annexed consent order. It resolves New York’s civil enforcement action and sets out two separate monetary components, each with its own satisfaction condition.
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| Component | Amount and stated recipient | How the order says it may be satisfied |
|---|---|---|
| Damages | $25 million to New York | The obligation is deemed satisfied if Mashinsky pays $10 million to the U.S. Department of Justice in accordance with paragraph 11 of the DOJ forfeiture order. DOJ payments made after May 20, 2025 may receive dollar-for-dollar credit toward that $10 million. If payment is not made as specified, the full $25 million is due to the OAG. |
| Separate monetary judgment | $10 million payable to New York | The obligation is deemed satisfied upon completion of Mashinsky’s criminal prison sentence, subject to the exceptions listed in the order. |
The second component’s sentence-completion condition does not apply if the sentence is overturned or reduced by a court, including through a 28 U.S.C. § 2255 petition, or reduced through compassionate release, good-time or earned-time credits, specified First Step Act early release, or home confinement through a Bureau of Prisons program. The order allows the OAG to docket the consent order as a judgment and execute on it, and directs payment by wire transfer using instructions from the OAG.
The filing specifies conditional remedies; it does not establish that either payment has been made or that Mashinsky has completed his sentence.
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What did Mashinsky admit in the settlement?
The stipulation records admissions that Mashinsky violated the Martin Act and New York Executive Law § 63(12) through false and materially misleading statements and omissions to investors about Celsius’s regulatory approval, and through material misstatements and omissions about his sales of CEL token. It also records his guilty pleas to two federal counts. These are the specified admissions in the agreement, not a blanket admission to every allegation in the original civil complaint.
What does the order prohibit?
Except for his own personal purchases or sales, the consent order bars Mashinsky from participating in the issuance, sale, promotion, investment advice, investment management, or distribution of securities or commodities, expressly including cryptocurrency and digital assets, as well as conduct requiring registration under the New York laws named in the order.
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It also bars him from involvement in a securities or commodities business in a range of roles; from paid communications advising on securities or commodities transactions; and from forming, assisting, or working for entities that solicit investors or customers to invest in securities or commodities.
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What cooperation does the settlement require?
Mashinsky must cooperate with the OAG in proving compliance with the federal forfeiture order and plea agreement, and in OAG investigations and actions. The order specifies full and truthful testimony, including by affidavit when directed, and production of relevant documents and records in his lawful possession, custody, or control. The OAG retains enforcement remedies, including civil or criminal contempt, for violations.
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How did the New York case reach this resolution?
The OAG filed its action on January 5, 2023, and an amended complaint followed on March 27, 2023. The state’s case concerned alleged misstatements and omissions in the offer and sale of Celsius Earn Interest Accounts and CEL token, as well as alleged unregistered securities and commodities activity.
In its January 5, 2023 announcement, the OAG described Celsius as a cryptocurrency lending platform where users could deposit cryptocurrency for promised yields. The agency alleged false or misleading representations about safety and financial condition and said the lawsuit concerned hundreds of thousands of investors, including more than 26,000 New Yorkers. Those are allegations and figures from the 2023 announcement, not new findings in the 2026 consent judgment. Read the OAG’s 2023 announcement.
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On August 4, 2023, the state court denied Mashinsky’s motion to dismiss the Martin Act fraud claims. That pleading-stage decision allowed claims to proceed; it was not a final ruling on the merits of every allegation. The 2026 agreement later resolved the state action without further litigation. Read the August 4, 2023 decision.
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How does the New York judgment relate to the federal cases?
The state agreement recounts that Mashinsky pleaded guilty in December 2024 to commodities fraud and a fraudulent scheme to manipulate CEL’s price. It says he was adjudged guilty on December 3, 2024, and sentenced on May 8, 2025, to 144 months in prison, with $48,393,446 in criminal forfeiture. That federal history is separate from the monetary relief in the New York civil judgment.
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A separate Federal Trade Commission matter is also distinct: the FTC case page reports a total of $16.5 million to be paid by Mashinsky and two business partners to resolve FTC charges. That amount is not part of the New York judgment or a sum due to New York. See the FTC case information.
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