- Genesis and Gemini are holding the charge with violations of the Securities Act of 1933.
- Genesis holds around $900 million worth of assets of 340K Gemini investors.
Genesis Capital and Gemini cryptocurrency exchange has been charged with violations of Sections 5(a) and 5(c) of the Securities Act of 1933, by the U.S. Securities and Exchange Commission (SEC). The charge was made for selling unregistered securities via Gemini Earn crypto asset lending program. Both crypto firms are also accused of acquiring crypto assets worth billions of dollars through this program.
Today we charged Genesis Global Capital, LLC and Gemini Trust Company, LLC for the unregistered offer and sale of securities to retail investors through the Gemini Earn crypto asset lending program.
— U.S. Securities and Exchange Commission (@SECGov) January 12, 2023
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As per the SEC report, Genesis holds around $900 million worth of assets that originally belongs to the 340K Gemini Earn program investors. And Genesis also restricted Gemini users to withdraw their funds, since Genesis had a shortage of liquidity funds. The situation remains the same as per the day.
Gary Gensler, SEC Chair stated:
“Today’s charges build on previous actions to make clear to the marketplace and the investing public that crypto lending platforms and other intermediaries need to comply with our time-tested securities laws. Doing so best protects investors. It promotes trust in markets. It’s not optional. It’s the law”
Summary of the Gemini Program
In December 2020, both the crypto institutions entered into a collaboration, the base was to let the Gemini customers lend the crypto assets to Genesis. In return, the customers were promised interest from Genesis. Further, in February 2021, Gemini and Genesis started offering the Earn program to retail investors.
In November 2022, when the Earn program was shut down, Cameron Winklevoss president of Gemini blamed the partner company’s parental firm Digital Currency Group (DCG). According to Cameron, DCG misguided the firm and its users about the solvency state of DCG.
Tyler Winklevoss, the co-founder of Gemini states:
“Despite these ongoing conversations, the SEC chose to announce their lawsuit to the press before notifying us. Super lame.”
Tyler expresses his disappointment over the step taken up by the SEC. Since he considers the filing will only slow down the efforts to regain the funds of the users.
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