Page 36 - 期货和衍生品行业监管动态（2023年7月刊）

期货和衍生品行业监管动态

在另一项平行的诉讼中，美国纽约南区检察官于 7 月 12 日公布了指控

Mashinsky 欺诈的起诉状。此外，美国证券交易委员会（SEC） 于 7 月 13 日也指

控 Celsius 和 Mashinsky 的欺诈行为。

CFTC Charges Alexander Mashinsky and Celsius Network, LLC with Fraud and
Material Misrepresentations in Massive Commodity Pool Scheme Involving

Digital Asset Commodities（2023/7/13）

Celsius Agrees to a Consent Order to Resolve the Lawsuit

The Commodity Futures Trading Commission today announced it filed a

complaint in the U.S. District Court for the Southern District of New York against

Alexander Mashinsky and Celsius Network, LLC. The complaint charges the

defendants with fraud and material misrepresentations in connection with the operation

of its digital asset-based finance platform, which falsely touted high profits and security

to induce customers to deposit their digital asset commodities on the platform.

The complaint also alleges Celsius acted as an unregistered commodity pool

operator (CPO) and Mashinsky operated as an unregistered associated person (AP) of
a CPO. The CFTC and Celsius agreed to resolve the complaint against the company by

imposing a permanent injunction prohibiting future violations of the Commodity

Exchange Act (CEA).

“As companies and individuals develop new products and services utilizing

digital asset commodities, they must adhere to the long-established rules prohibiting

fraud in the market and comply with the registration requirements of the Commodity

Exchange Act,”said Director of Enforcement Ian McGinley. “Among the bedrock

principles of the Commodity Exchange Act are the protection of customers and the

integrity of the market. This case is the CFTC’s first against a digital asset lending

platform, and it demonstrates the agency will not shy away from ensuring the law is

enforced in the digital asset arena. Innovation does not equate to immunity from

compliance with the law.”

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