1/14 Mr. Mashinsky was the largest individual holder of CEL. From 2018 through the Petition Date, Celsius’s top managers made significant amounts of money selling CEL. Mr. Mashinsky either

Pages 327-330 ImageImageImageImage
2/14 directly sold or swapped at least 25.1 million CEL for at least $68.7 million. Mr. Goldstein either directly sold or swapped at least 2.5 million CEL for at least $2.8 million and Mr. Leon directly sold or swapped at least 2.6 million CEL for at least $9.74 million.
3/14 During the AMAs, Mr. Mashinsky made repeated assertions that he was not a seller of CEL, despite regularly selling CEL. In the November 5, 2021 AMA, Mr. Mashinsky addressed “rumors” that he had sold CEL in recent weeks, stating that he had actually
4/14 bought “something like 30,000 CEL token last few days. If you think I’m selling, I’m not selling, I’m buying” but that it did not matter as “you have to make your own decisions.” While Mr. Mashinsky did receive 29,000 CEL tokens on November 4, 2021,
5/14 he also sold approximately 344,000 CEL tokens during the prior month, October 2021. In December 2021, Mr. Mashinsky sold approximately 37,000 CEL for $156,000.
6/14 On December 9, 2021, Mr. Mashinsky posted to Twitter, “All @CelsiusNetwork founders have made purchases of #CEL and are not sellers of the token.” He similarly asserted in an AMA and on Twitter that he made more purchases of CEL on January 7, 2022.
7/14 The prior day, he directed his Twitter followers to “see latest research by @CelHero on founders wallets buy and sell” and quote-tweeted @CelHero, “Latest founder CEL holdings update
8/14 over past two weeks @Mashinsky primary account was 39.8m CEL, which should be 39.9m today with interest. He's just 411 CEL shy of that, so we'll just say he didn't sell.”
9/14 But in December 2021, Mr. Mashinsky sold approximately 37,000 CEL for $156,000.00 and in January 2022, Mr. Mashinsky sold approximately 22,000 CEL for $90,000. In mid-May 2022, following the collapse of Terra/Luna, schedules filed by Celsius
10/14 reflect that Mr. Mashinsky withdrew assets from the platform. Mr. Mashinsky told the Examiner that in May 2022, he was the largest creditor of Celsius, and “by definition, I didn’t withdraw.” Internal documents reflect that Celsius purchased CEL from top
11/14 employees in exchange for millions of dollars. In an April 13, 2022 Slack channel discussion between Mr. Tappen and Mr. Ferraro, Mr. Tappen wrote, “we have paid USD out to top employees totaling $40,154,760.87 due to CEL buybacks . . . top employees
12/14 being Alex, Daniel, nuke, etc . . . .”Mr. Ferraro clarified, “so we pay in CEL then we buy back what they sell?” Mr.
13/14 Tappen agreed, “Correct we let them sell it back to us via the OTC desk.” Mr. Tappen noted that “if anyone ever found out our position and how much founders took in USD could be a very very bad look . . . We are using users USDC to pay for employees worthless CEL . . .
14/14 All because the company is the one inflating the price to get the valuations to be able to sell back to the company.

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More from @otisa502

Feb 11
1/8 @GaryGensler told the following lie to @andrewrsorkin:

“330 million Americans are our clients,” adding, “Kraken knew how to register, others know how to register, it's just a form on our website … And if they want to offer

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2/8 staking, we're neutral, come in [and] register because investors need that disclosure.”That’s a boldface lie, & @GaryGensler knows it. They’re not neutral. What’s my evidence? @coinbase went in to the SEC to register their USDC Earn product and the SEC said it was a security.
3/8 How is that a security? @coinbase simply wanted to give the SEC a heads-up and was told by the SEC “screw you, @coinbase.”

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Feb 11
1/24 The Midland Energy Contracts.

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Pages 425-431 ImageImageImageImage
2/24 wholesale prices and sells it to the end user, acting as a middleman between the retail purchaser and the utility distribution company (“UDC”) that owns the wires that allow for energy transmission to the customer site. Under its agreement ImageImageImage
3/24 with Celsius Mining, PPM receives a commission of $0.001 per kWh of energy it brokers. The REP collects this commission and remits it to PPM. The REP also collects payment for the UDC, which—in Celsius Mining’s case—is Oncor Electric Delivery Company LLC (“Oncor”).
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Feb 11
1/33 Luna Squares LLC
Luna Squares-Celsius Mining Hosting Relationship.

Celsius Mining secured hosting capacity from Luna Squares in early 2022 when Celsius Mining began having difficulty securing hosting capacity from Core Scientific. According to Celsius

Pages 417-424 ImageImageImageImage
2/33 Mining personnel, Luna Squares was an attractive hosting opportunity because Celsius Mining viewed Luna Squares as charging reasonable hosting rates and being competent at quickly and economically building out infrastructure for mining, ImageImageImageImage
3/33 as it had a pipeline of sites it could build out. Celsius Mining and Luna Squares entered into a Customer Equipment Co-Location Agreement on February 23, 2022, for 90 MW of hosting capacity. The agreement provided for the deployment
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Feb 11
1/22 EZ Blockchain.

EZ Blockchain-Celsius Mining Hosting Relationship.

Between January and March 2022, Celsius Mining entered into three mining hosting agreements with EZ Blockchain. Together, these three agreements provided Celsius Mining with

Pages 410-417 ImageImageImageImage
2/22 approximately 35 MW of power— capacity for an estimated 10,785 rigs—over a term of 18 months at a variable rate. Celsius Mining turned to EZ Blockchain because, according to Celsius Mining, its business model involves identifying small ImageImageImage
3/22 blocks of power and being able to quickly install its containers and begin mining. This was attractive to Celsius Mining given Core Scientific’s deployment delays. Celsius Mining entered into its first hosting agreement with EZ Blockchain on January 27, 2022.
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Feb 11
1/18 Deployment History.

Core Scientific deployed Celsius Mining’s rigs at six hosting sites located in Dalton, Georgia; Calvert City, Kentucky; Grand Forks and Marble, North Dakota; and Cottonwood and Denton, Texas. According to Celsius Mining, Core Scientific

Pages 404-410 ImageImageImageImage
2/18 provided all promised hosting capacity under Orders 1-4, 6-7, 9 and 1-A but failed to timely complete deployment under Order 10, missing contracted deployment deadlines in the spring of 2022 and failing to deploy any Celsius Mining rigs after May 2022. ImageImageImage
3/18 According to Core Scientific, the “deployment month” listed in Order 10 was simply a non-binding estimate of the month in which Celsius Mining was expected to deliver to-be-deployed rigs to Core Scientific, not a contractual guarantee of actual
Read 18 tweets
Feb 11
1/27 Core Scientific-Celsius Mining Hosting Relationship:
Core Scientific was Celsius Mining’s first third-party mining host. Celsius Mining viewed its contract with Core Scientific as attractive because of its competitive—and what Celsius Mining

Pages 396-404 ImageImageImageImage
2/27 allegedly interpreted as fixed—hosting rate of approximately $0.056 per kWh of energy. Celsius Mining elected to purchase rigs through Core Scientific, in addition to procuring hosting services, believing it would benefit from wholesale ImageImageImageImage
3/27 pricing arrangements Core Scientific had with rig manufacturers. Core Scientific filed for bankruptcy on December 21, 2022, citing its disputes with Celsius Mining (described below) as one reason for its filing. On December 28, 2022, Image
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