The motion to vacate, which is handwritten by Mashinsky, cited ineffective counsel and “fruit of a poisonous tree” as grounds for vacating the sentence.
Mashinsky, who pleaded guilty to counts of commodities and securities fraud, attached additional materials to support his claims, noting that his ineffective counsel was in part due to “financial duress resulting in unavoidable and absolute conflict of interest with client.”
“The root of counsel’s deficiencies lay in the undisclosed financial distress of the firm Mukasey & Young LLP,” Mashinsky's motion for habeas corpus relief says. “This distress created a conflict of interest that permeated every strategic decision made by counsel since the outset of the petitioner’s representation.”
Celsius Founder Alex Mashinsky Banned From Crypto Industry in $10 Million FTC Settlement
