Friday, November 24, 2023

Celsius Bankruptcy Decision Is Stayed Pending Appeal Amid Mashinsky Case in SDNY


by Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Nov 21 – After Alexander Mashinsky of Celsius was arrested on July 13, US Attorney Damian Williams held a press conference, and Inner City Press asked a question, see below.

Late on November 14, 2023, the Bankruptcy Court decision on Celsius was appealed to the U.S. District Court for the Southern District of New York, where the appeal was found by Inner City Press. A stay was requested - stay motion on Patreon here.

Docketed on November 21, the stay was granted: "ORDER granting [3] Motion to Stay re: [3] MOTION to Stay Pending Appeal. Because the Bankruptcy Court judge's October 24, 2023 order results in irreparable harm - by requiring Defendants-Appellants to answer claims that all parties, and the Bankruptcy Court judge, collectively acknowledge must be submitted to arbitrationDefendants-Appellants' motion to stay the adversary proceeding pending appeal, Dkt. No. 3, is GRANTED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 3. (Signed by Judge Gregory H. Woods on 11/20/2023)." Full 4 page order on Patreon here

Watch this site.

Back on July 13 Inner City Press asked US Attorney Williams to explain his office's thinking in agreeing to release on bail for Sam Bankman-Fried and Shakeeb Ahmed, for example, but demanding and obtaining the ongoing pre-trial detention of Avi Eisenberg and Miles Guo.  

 US Attorney Williams responded that every case is different. Inner City Press asked if his office would in the afternoon be seeking the detention of, or agreeing to release, Mashinsky. He declined to say either way, saying you will soon see.

At 2:45 pm the arraignment began, followed the the SDNY AUSAs' deal that Mashinsky would be released right after on bond. Inner City Press was there

On September 13, with no announcement, Mashinsky's co-defendant pled guilty

He is a cooperator - the plea agreement says it is understand he will share all information asked for....

More on Substack here

  The case is US v. Mashinsky, et al., 23-cr-347 (Koeltl / Wang)  Indictment on Patreon here

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