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Mashinsky Files Handwritten Motion to Vacate 12‑Year Fraud Sentence

He contends counsel conflicts tied to FTX tainted evidence and seeks to overturn his conviction.

Overview

  • Mashinsky filed a pro se, handwritten motion in the Southern District of New York on Friday seeking to vacate his 12‑year sentence by arguing ineffective assistance of counsel and that evidence was the fruit of a tainted process.
  • The motion alleges Mukasey & Young LLP faced undisclosed financial distress and a conflict from work tied to Sam Bankman‑Fried that, Mashinsky says, affected his defense and the evidence used against him.
  • Those claims directly contradict Mashinsky’s December 2024 guilty plea in which he admitted illicitly manipulating the CEL token while selling his holdings.
  • Mashinsky remains subject to a May 2025 sentence of 12 years, roughly $48 million in criminal forfeiture, and an April 2026 federal approval of an FTC order that bans him from crypto and carries a $4.72 billion judgment with $10 million immediately payable.
  • Federal law sets a high bar for undoing guilty pleas or excluding evidence as poisoned, so the motion faces long odds and any relief would need specific proof that counsel’s conflict or tainted evidence materially changed the outcome, with major implications for creditor recoveries and public accountability if successful.