Alex Mashinsky and the company he is the largest shareholder and past CEO of - Celsius LLC and

affiliates have engaged in fraudulent, false and misleading advertising practices.

They have made false claims about their products, services, and business practices and have
misrepresented themselves to existing customers and potential investors.
As a result, I have been mislead and suffered financial harm.
I am seeking damages for losses as a result of these deceptive practices.
I would like to address the issue of future potential preference actions against me firstly, then list the
deceptive practices Mashinsky and Co partook in with supporting evidence.

Preferences actions
Particulars:
First, the ability to withdraw 'your coins' at any time with no penalties, fees or delays was heavily
promoted by Celsius and so represents normal business practice for me.
Evidence:
see...
Second, I would like to make the case that a preference claim within the 90 day period is invalid for
my claim as: I am not an insider and Celsius the evidence shows is operating as a Fraudulent and
incompetent unlicenced Bank and Hedge Fund rather than a Ponzi scheme.
Supportive Case Law:
In Re Southern Industrial Banking Corporation, 87 B.R. 524 (Bankr. E.D. Tenn. 1988)
https://t.co/8H3N9vHBsR

Fraud
'Fraud in the inducement occurs when a person tricks another person into signing an agreement to
one’s disadvantage by using fraudulent statements and representations.'

Particulars:
Celsius took deposit of my XXX which were supposed to be backed up 1:1 by actual coins but it
was only backed up by database entries. Celsius stated that the worst thing that could happen was
that you get all your coins back. They led me to believe they were a safe and secure alternative to
banks.
Alex stated that "Celsius always have enough coins and collateral to return all assets to all of our
customers"
Evidence:
Expansion in Asia with Special Guest Lennix Lai (OKEx) - Celsius AMA (April 30th 2021)
https://www.youtube.com/watch?v=LaIfR4BuIno&t=4047s (link to this AMA posted to the official
Celsius Network Youtube account also backed up elsewhere...also backed up transcripts of each
AMA are available)
https://youtu.be/3hq4jT7CXkk?t=61

Fraudulent Misrepresentation:
The six elements generally required to prove the tort of fraudulent misrepresentation:
Particulars:
1. The defendant made a false representation or lied;
'your coins' statements repeated many times in Tweets after change to Terms Of Service (TOS) to
transfer creditors property rights to the debtors.
Example:
'...This service is made with no fees or spreads charged by Celsius so you can manage your coins
quickly and FREE' Alex Mashinsky's tweet of 15/5/22
This an many more such tweets can be seen here:
https://twitter.com/presel_/status/1601978321863995393?s=20&t=B2Mhq0JUA3gbqVRuWc4zwA
2. The misrepresentation is material to the transaction;
On the basis of representations made in Celsius AMA's I reinvested in Celsius having previously
removed all my money.
Evidence: my Celsius transaction history.
3. The defendant made the misrepresentation with malice (the defendant made the statement with
knowledge that the statement was false or the defendant made the statement with a reckless
disregard as to the veracity of the statement);
Mashinsky & Co have relied on new TOS to avoid possible fraud charges on the basis that these
TOS removed any secured creditor claim and so the creditors money (coins) are no longer theirs.
The new TOS must have been approved by Mashinsky and Co as CEO and company directors.
So the 'your coins' statements were made with reckless disregard to their veracity.
4. The defendant made the misrepresentation with the intention of inducing the other party to enter
into a contract;
Mashinsky & Co repeatedly marketed Celsius as superior to existing financial institutions.
The change to TOS was marketed as purely procedural and so insignificant.
5. The other party reasonably relied on the misrepresentation; and
Given that Mashinsky was at the time CEO of Celsius it was reasonable to suppose that he was
telling the truth
6. The defendant’s lie was the proximate cause for the plaintiff’s injury.
Given the change in TOS the misrepresentation by Mashinsky & Co is the cause of the creditors
injury.
Example:
Celsius advertised themselves as a service that is delta neutral to the market. In fact, they took risky
loans which were liquidated during the market downturn. Alex Mashinsky represented Celsius
saying they did not take risk trading coins.
Evidence:
Alex Mashinsky AMAs:
https://www.youtube.com/playlist?list=PLLjzjU2vvKVMNgmFM2oV79WQ0iSqf_5oV

Unjust Enrichment
'To state a cause of action for unjust enrichment, a plaintiff must allege that it conferred a benefit
upon the defendant, and that the defendant will obtain such benefit without adequately
compensating plaintiff .'
Nakamura v. Fuji, 253 A.D.2d 387, 390 (1st Dept. 1998).
[An unjust enrichment claim will lie only where there is no enforceable contract. Stated differently,
you cannot have a valid claim for both breach of contract and unjust enrichment concurrently.]
https://www.jonathancooperlaw.com/library/how-to-prove-unjust-enrichment-claim-under-ny-
law.cfm
Example
Tiffany Fong's Twitter scoop on Alex Mashinskys penthouse remodelling.
Alex Mashinsky Claimed to Invest $18M into CEL ISO, but routed to NYC Penthouse remodeling:
https://twitter.com/cryptohunter0x/status/1599273911371239424?s=20&t=aAss-
YStd5nWjgJeZYVCXA

Breach of Contract
Tortious Interference of Contract
https://millerlawpc.com/tortious-interference-contract/
Aiding and Abetting
Conspiracy
Defalcation
Breach of Fiduciary Duty
What Is Fiduciary Duty?
Fiduciary duty is the obligation of a person to act with the best intentions with respect to the will of
another person or entity. This duty may be by law, contract, agreement, or by a relationship of trust
between the parties.
Duty Of Care
This refers to the person of trust or fiduciary must act as a reasonable and prudent person in a
similar circumstance.
Duty Of Candor
The duty of candor implies that the fiduciary must be completely honest and truthful. In that sense,
they must disclose all information that could harm the company or the individual to whom the duty
is owed.
Duty Of Loyalty
The duty of loyalty requires the fiduciary to act in good faith. That is, that all of their decisions be in
line with the interests of the firm, corporation or individual who assigned the fiduciary duty.
When it comes to estate planning, for example, the duty of loyalty implies that all management,
protection and distribution of assets be in line with the interests of the person who entrusted them
with the fiduciary duty but also of the beneficiary. In no case may the fiduciary act based on their
own interests or convenience. That would be considered a breach of fiduciary duty.
https://ortizandortiz.com/breach-of-fiduciary-duty/

Breach of 'Truth in Lending' Laws

Violations of 'Federal Lending Act'
============================================================
Notes:

Write to DOJ and examiner so that so they know Alex deceived and misled the communities.
Examiner - CelsiusExaminer@jenner.com DOJ - USTPRegion02.NYECF@usdoj.gov OR
Shara.Cornell@usdoj.gov, Mark.Bruh@usdoj.gov, or Brian.Masumoto@usdoj.gov

https://www.reddit.com/r/CelsiusNetwork/comments/zk2ekj/documented_list_of_fraud_funds_mis
management_lies/

Here is the issue with #Celsius and #FTX being considered 'so inherently fraudulent" that no one
can apply for 547(c)(2)(A) and (B) for preference defenses in the case:
https://t.co/8H3N9vHBsR