PANews reported on February 8 that, according to Cointelegraph, the U.S. government requested a hearing on the possible conflict of interest between former FTX CEO Sam Bankman-Fried (SBF) and former Celsius CEO Alex Mashinsky, both of whom were charged with fraud. In a Feb. 6 letter to the judge overseeing the SBF and Alex Mashinsky cases, prosecutors raised concerns about lawyers Marc Mukasey and Torrey Young, both of whom have filed notices to appear in the criminal case against the former Crypto Assets CEO. The U.S. government has requested a Curcio hearing, at which the judge may ask about potential conflicts of interest and why both lawyers were involved in both SBF and Mashinsky's case.
"The trial evidence in this case shows that Celsius lent money to Alameda Research, which in turn used client funds to repay certain loans from Celsius," the letter said. The relationship between Alameda Research and Celsius has created potential conflicts on several fronts. The U.S. government noted that Mashinsky blamed the collapse of Celsius in part on FTX's sister company, Alameda Research, possibly for SBF's actions. However, prosecutors argued that the judge could waive potential conflicts of interest because they were "not that serious." SBF and Mashinsky may be asked if they are willing to give up the right to a "conflict-free proxy". "While Mashinsky's allegations may have helped his own defense, in SBF's case, SBF's alleged manipulation of the CEL may be additional and relevant conduct that the court may consider in SBF's sentencing," the letter reads. ”
It is reported that Curcio hearings are used to ensure that defendants are aware of their rights when facing criminal charges and have the opportunity to be heard and defended.