The founder of Celsius Alex Macheski was sentenced to 12 years in prison

Under the applicable judgments instructions, Machinsky could face up to 30 years in prison. But federal judges are required to take into account many additional factors when reaching a sentence, including the characteristics and personal history of the defendant, the possibility of their framework, etc.

“It is a complex set of facts that must be assembled to reach a fair penalty,” says Timothy Howard, a partner at Freshfields at the Law Office and the southern southern region in New York.

Before the ruling pronunciation session, Machinski’s legal representatives submitted the petition for the judge due to a prison sentence for only 366 days, referring to his acceptance of guilt, military service in Israel, the deprivation he lived in childhood, and the external market factors that contributed to a percentage.

“This case is not related to an arrogant deceptive deceptive that I believed could escape the stealing of the people’s wealth -acquired money to satisfy its pleasures,” Machinski’s lawyers said in the court file. “these After allocatedShallow inhuman and inhumanity does not apply here. “

Meanwhile, the Ministry of Justice asked the judge to impose a 20 -year prison sentence. Despite his admission of guilt and a recognition of some lies, Machinsky did not show any remorse for his mistakes, as the prosecutors claimed. He also did not intend to unintentionally deceive.

“His crimes were not the product of neglect, naivety or bad luck. It was the result of deliberate decisions calculated for lying, deception and theft in seeking to achieve personal wealth,” the general prosecutors wrote in Their file. “He abandoned all allegations of recognition of his continuous violations … This deep lack of remorse confirms the ongoing danger that poses it.”

The yawning gap between the sentences required by the defense and the prosecution reflects the dispute between the two sides over the nature of Machinski’s violations: that is, whether the founder of the centenary is guilty of a handful of unprecedented lies-which is already recognized-or in a wide mobile campaign of fraud.

“When there is an appeal, to the extent that there are realistic conflicts, they are often relatively simple, and the essence of behavior is clear,” says Catherine Riley, a partner at the law firm, Brewri Kashman, who previously led the complex fraud and electronic crime unit at SDNY. “But here, the defense truly tried to participate in the crime narrower than the government’s claim.”

In ordering the prison sentence for only one year and giving up very limited violations, Machinsky and his lawyer were “walking on a tight rope,” says Howard. “It is a strategic decision that the defense lawyer must make. You need to balance the invitation to your customer with the least possible sentence, while also maintaining some credibility with the judge.”

In its shows, the government conducted direct comparisons between Mashinsky and the various other convicts convicted, among them Sam Bankman-Fric, which was He ruled last year To 25 years in prison for his role in complex fraud that led to the collapse of encryption, FTX. In their file, Mashinsky attorneys have tried as much as possible between their client and the bank. “Although there may be some superficial similarities, these two cases of encryption and the defendants are both both,” they confirmed. The defense argued that the decisive difference is that Machinsky was not accused of embezzlement or stealing customer boxes.

“This contradiction gets the realistic disputes placed on requests,” says Riley. “Was this a mistake in the ruling in an attempt to try to correct the ship? Or is it really a fraudulent platform full of self -traders?”

Ultimately, the judge proved a sympathy for the Machinsky Events version, and the severity of his crimes and the extent of the damage he caused to the victims justify a prison sentence.

After receiving his punishment, Mashinsky will be released temporarily while the prison office chooses an appropriate facility. Usually, the defendants with white collar, such as Machinski with them other non -violent perpetrators, say legal experts.

In the federal system, there is no possibility for conditional release. Once the watch begins to mark Mashinsky time in prison, the best that he can hope is the early release of the causes of good behavior, but usually after 85 percent of its punishment.

In targeting a very reduced sentence, Machinsky was abandoning a “risky strategy,” says Howard, creating an opportunity for prosecutors to demonstrate that he reduced his behavior to a minimum. “This really shoots a hole in the ship.”