Celsius CEL
Status and tax treatment for holders of a dead token. Facts only, sourced below.
CEL is the Ethereum token of Celsius, a crypto lending platform that filed for chapter 11 in July 2022. In 2023 Celsius companies consented to orders and a judgment in the CFTC, FTC, and SEC cases. The founder pleaded guilty, was sentenced to 12 years in May 2025, and has a motion to vacate the sentence pending. For a US filer the case creates no loss by itself. A loss needs a closed transaction, and a sale is the route the record supports.
What the record shows
CEL was the token native to the Celsius platform, according to the bankruptcy court, and Celsius paused all trading on the platform in June 2022 [1]. On July 13, 2022 Celsius Network LLC and some of its affiliates filed for chapter 11 in New York [2].
The CFTC, the FTC, and the SEC each sued Celsius companies on July 13, 2023 [3] [4] [5]. The court in the CFTC case entered a consent order against Celsius Network LLC on July 17, 2023 [3]. On August 16, 2023 the court entered an order that the FTC and nine Celsius companies agreed to [4]. The SEC’s final judgment against Celsius Network Limited, also by consent, was entered on November 1, 2023 [5].
The SEC also charged the founder, and its claims against him are allegations [6] [5]. In September 2023 the court stayed the SEC case until the criminal case was over [5]. In 2026 the founder agreed to orders in the FTC case in April and in the CFTC case in June [3] [4].
In the criminal case the founder pleaded guilty on December 3, 2024 to one count of commodities fraud and one count of securities fraud [7]. The DOJ says one of the two schemes was manipulating the price of CEL while he sold his own [7]. On May 8, 2025 he was sentenced to 12 years [8].
The company’s chief revenue officer also pleaded guilty to manipulating the price of CEL, according to the DOJ [8]. In May 2026 the founder filed a motion to vacate his sentence, and the docket shows no ruling on it [9].
What the chain shows
Etherscan’s page for the CEL contract names the token Celsius (CEL), an ERC-20 token with 4 decimals [10]. The page shows no migration notice. It still shows market data for CEL, and this page repeats none of it.
Claims and distributions
The chapter 11 case is No. 22-10964 in the bankruptcy court in New York [2]. The court confirmed the plan on November 9, 2023, and the plan took effect on January 31, 2024 [2]. The claims agent’s site says the second distribution is made only in bitcoin or cash [2].
The plan also settled how claims for CEL are valued [1]. CEL Token Deposit Claims, other than custody claims, are valued at $0.25 per token, except as the plan provides otherwise [1]. Claims for CEL on the plan’s schedule of equitably subordinated claims get no distribution, and what the opinion calls Other CEL Token Claims go to Class 15, which gets none either [1]. The court approved that settlement when it confirmed the plan, and it gave its reasons in an opinion dated November 9, 2023 [1].
Tax treatment
The court record does not create a loss. A loss needs a closed transaction. The IRS Chief Counsel memo on crypto that has crashed says a token that still trades on an exchange is not worthless, and a holder who still controls it has not abandoned it [11]. The memo reads a worthlessness loss for an individual as a miscellaneous itemized deduction, and the statute now allows none of those for any tax year after 2017, with no end date [13].
A sale is different. The IRS FAQ says a sale of virtual currency for real currency is a capital gain or loss, reported on Form 8949 and summarized on Schedule D [12]. This site has not checked against a primary source how a plan distribution is taxed. The records a cost basis rests on are the subject of the Celsius cost-basis guide.
What a holder can do
The recover-or-write-off table further down lists three things a holder can do with what is left. None of them is a recommendation. Each one produces a different receipt, and the IRS reads the receipt.
Key facts
- Status
- Adjudicated
- Status date
- 2023-07-17 · 2026-09-22
- Token
- Celsius (CEL)
- Chain
- Ethereum
- Contract
- 0xaaaebe6fe48e54f431b0c390cfaf0b017d09d42d · 2026-09-22
- Recoverability
- Partial · 2026-09-01
Recovery
- Chapter 11 plan effective 2024-01-31; distributions to creditors under the plan, the second made only in bitcoin or cash · 2026-09-01
- CEL Token Deposit Claims, other than custody claims and except as the plan provides otherwise, valued at $0.25 per CEL token under the plan settlement the court approved on 2023-11-09 · 2026-09-22
- What the opinion calls Other CEL Token Claims, placed in Class 15, which receives no distribution · 2026-09-22
Since January 1, 2025 basis is tracked wallet by wallet, and Rev. Proc. 2024-28 gave a safe harbor for sorting old basis into the wallets that held the tokens.
Source: Internal Revenue Bulletin 2024-31, carrying Rev. Proc. 2024-28, https://www.irs.gov/irb/2024-31_irb
How the loss gets booked: the worthless-token guideHow the basis gets rebuilt: the cost-basis guideEvidence
Sources for this entry are listed below.
- CFTC v. Celsius Network LLC, No. 1:23-cv-06008 (S.D.N.Y.): consent order of permanent injunction against Celsius Network LLC entered July 17, 2023; consent order against the founder signed June 12, 2026
- FTC v. Celsius Network Inc., No. 1:23-cv-06009 (S.D.N.Y.): stipulated order for permanent injunction and monetary judgment against nine Celsius companies entered August 16, 2023; stipulated order against the founder entered April 28, 2026
- SEC v. Celsius Network Limited, No. 1:23-cv-06005 (S.D.N.Y.): final judgment as to Celsius Network Limited entered November 1, 2023; the case stayed in its entirety September 20, 2023 until the completion of the criminal case, and the SEC’s claims against the founder are allegations
- United States v. Mashinsky, No. 1:23-cr-00347 (S.D.N.Y.): guilty plea December 3, 2024; sentenced May 8, 2025; judgment entered May 13, 2025; motion to vacate the sentence filed May 28, 2026, with no ruling on the docket
- In re Celsius Network LLC, Chapter 11, Case No. 22-10964 (Bankr. S.D.N.Y.): plan confirmed November 9, 2023, approving the CEL token settlement (opinion, ECF No. 4089); plan effective January 31, 2024
- [[1]] In re Celsius Network LLC, No. 22-10964 (Bankr. S.D.N.Y.), ECF No. 4089, Corrected Memorandum Opinion Approving the CEL Token Settlement, signed November 9, 2023 (CourtListener RECAP)https://www.courtlistener.com/docket/63590715/4089/celsius-network-llc/accessed 2026-09-22
- [[2]] Celsius Network LLC, et al. Chapter 11 case information, Case No. 22-10964, Bankr. S.D.N.Y. (Stretto, the debtors’ claims and noticing agent)https://cases.stretto.com/celsius/accessed 2026-09-01
- [[3]] Commodity Futures Trading Commission v. Celsius Network LLC, No. 1:23-cv-06008 (S.D.N.Y.), docket (CourtListener RECAP archive)https://www.courtlistener.com/docket/67604360/commodity-futures-trading-commission-v-celsius-network-llc/accessed 2026-09-22
- [[4]] Federal Trade Commission v. Celsius Network Inc., No. 1:23-cv-06009 (S.D.N.Y.), docket (CourtListener RECAP archive)https://www.courtlistener.com/docket/67604364/federal-trade-commission-v-celsius-network-inc/accessed 2026-09-22
- [[5]] Securities and Exchange Commission v. Celsius Network Limited, No. 1:23-cv-06005 (S.D.N.Y.), docket (CourtListener RECAP archive)https://www.courtlistener.com/docket/67604348/securities-and-exchange-commission-v-celsius-network-limited/accessed 2026-09-22
- [[6]] SEC press release 2023-133, SEC Charges Celsius Network Limited and Founder Alex Mashinsky with Fraud and Unregistered Offer and Sale of Securities, July 13, 2023https://www.sec.gov/newsroom/press-releases/2023-133accessed 2026-09-01
- [[7]] Celsius Founder and Former CEO Alexander Mashinsky Pleads Guilty to Multi-Billion Dollar Fraud (U.S. Attorney, Southern District of New York, December 3, 2024)https://www.justice.gov/usao-sdny/pr/celsius-founder-and-former-ceo-alexander-mashinsky-pleads-guilty-multi-billion-dollaraccessed 2026-09-01
- [[8]] Founder of Celsius Sentenced to 12 Years for Fraud and Market Manipulation (U.S. Attorney, Southern District of New York, May 8, 2025)https://www.justice.gov/usao-sdny/pr/founder-celsius-sentenced-12-years-fraud-and-market-manipulationaccessed 2026-09-01
- [[9]] United States v. Mashinsky, No. 1:23-cr-00347 (S.D.N.Y.), docket, newest entries first (CourtListener RECAP archive)https://www.courtlistener.com/docket/67604619/united-states-v-mashinsky/?order_by=descaccessed 2026-09-22
- [[10]] Etherscan token page for the Celsius (CEL) contracthttps://etherscan.io/token/0xaaaebe6fe48e54f431b0c390cfaf0b017d09d42daccessed 2026-09-22
- [[11]] IRS Office of Chief Counsel Memorandum 202302011, applicability of section 165 to cryptocurrency that has declined in valuehttps://www.irs.gov/pub/irs-wd/202302011.pdfaccessed 2026-09-01
- [[12]] IRS, Frequently Asked Questions on Virtual Currency Transactionshttps://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-on-virtual-currency-transactionsaccessed 2026-09-01
- [[13]] 26 U.S.C. 67, 2-percent floor on miscellaneous itemized deductions, as in effect August 31, 2026https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section67&num=0&edition=prelimaccessed 2026-09-01
Recover or write off?
| Option | Cost | Outcome |
|---|---|---|
| A distribution under the chapter 11 plan, for an account holder with an allowed claim | An allowed claim in the chapter 11 case | A share of plan distributions; the second was bitcoin or cash only. How that payment is taxed is not checked here. |
| A sale where a market still takes the token | Exchange fees and gas | A closed transaction. The loss goes on Form 8949 and Schedule D. |
| A worthlessness claim | Nothing today | No deduction for an individual: the statute allows no miscellaneous itemized deduction after 2017. |