Fun

SEC suit against Gemini, Genesis lives on as court finds claims plausible

News Feed - 2024-03-14 03:03:17

Jesse Coghlan2 hours agoSEC suit against Gemini, Genesis lives on as court finds claims plausibleFederal Judge Edgardo Ramos found the SEC’s suit “plausibly alleges” that Gemini Earn was a securities offering, allowing the case to continue in court.620 Total views2 Total sharesListen to article 0:00NewsOwn this piece of crypto historyCollect this article as NFTJoin us on social networksThe United States Securities and Exchange Commission’s allegation that crypto firms Gemini and Genesis sold unregistered securities through the Gemini Earn program is plausible enough to continue in court, a federal judge has ruled.


In a 32-page March 13 order, New York District Court Judge Edgardo Ramos struck down Gemini and Genesis’ motions to dismiss the SEC’s lawsuit.


The judge also denied a separate bid asking the court to stop the SEC’s request ordering them to stop selling securities and for the pair to hand over Gemini Earn profits if the SEC wins the suit.


Judge Ramos said the SEC’s January 2023 suit “plausibly alleges” that Gemini Earn — a crypto yield-bearing product that was offered by Gemini and managed by Genesis — offered and sold unregistered securities, adding that the SEC sufficiently alleged Gemini Earn met the requirements of an investment contract under the Howey test — a legal framework to classify securities.


Genesis “pooled [assets] on its balance sheet” rather than segregating them and lent the funds to institutional borrowers “relying on its discretion and judgment,” and customers’ “expectation of profits was dependent on Genesis’ efforts,” Judge Ramos added.Highlighted excerpt from Judge Ramos’ order noting the “plausible inference” that Gemini Earn was an investment contract under U.S. law. Source: CourtListener


The SEC’s allegations that Gemini Earn agreements were notes also stood, according to the order. Notes are a debt security obligating loan repayments with interest.“At this stage, under both tests, the court finds that the complaint plausibly alleges that defendants offered and sold unregistered securities through the Gemini Earn program.”


However, the order doesn’t mean the judge will rule in favor of the SEC — the regulator still has to prove its case, and all sides will now go ahead with gathering evidence.


Related:Gemini mulled forming a ‘juggernaut’ with Genesis before it went to smoke


Last month, Genesis said in a bankruptcy court filing that it reached a deal with the SEC to settle its suit for $21 million.


In November 2022, Gemini Earn had around 340,000 customers and $900 million in assets under management, the SEC’s suit said.


The same month, FTX collapsed into bankruptcy and Genesis decided to “temporarily suspend” Gemini Earn withdrawals citing “unprecedented market turmoil” and liquidity issues.


Genesis filed for bankruptcy after the SEC’s suit in January last year. In February, Gemini agreed to return $1.1 billion to Gemini Earn customers through Genesis bankruptcy proceeding in a settlement with New York’s financial regulator.


Hall of Flame:Crypto lawyer Irina Heaver on death threats, lawsuit predictions# Business# SEC# Gemini# Court# RegulationAdd reactionAdd reaction

News Feed

Dubai Launching Crypto Valley in Tax-Free Zone – No Personal or Corporate Income Tax
Dubai Launching Crypto Valley in Tax-Free Zone – No Personal or Corporate Income Tax A Dubai government authority has announced that it is launching a crypto valley in the coun
Ciaran Lyons6 hours agoFTX bolsters claims portal security measures following cyber breachFollowing the cyber breach of non-sensitive data, bankrupt cryptocurrency exchange FTX has reactivated account access to its custo
NFTs fall as ETH rises, Readyverse debuts metaverse game trailer: Nifty Newsletter
Ezra Reguerra5 hours agoNFTs fall as ETH rises, Readyverse debuts metaverse game trailer: Nifty NewsletterReadyverse Studios, a project co-founded by the author and producer of the hit film Ready Player One, released a t
Onecoin Allegedly Tied to Racehorse Firm, Phoenix Thoroughbreds Removed from France Galop Race
Onecoin Allegedly Tied to Racehorse Firm, Phoenix Thoroughbreds Removed from France Galop RaceLast week the firm Phoenix Thoroughbreds was reportedly banned from horse racing in Fra
Jesse Coghlan7 hours agoDEA gets duped: Agency loses $55K in address poisoning scamThe United States Drug Enforcement Administration has yet to find those responsible for the attack but has enlisted the help of the FBI.2
Africrypt Bitcoin Heist: Contradicting Reports About the Directors Whereabouts Surface
Africrypt Bitcoin Heist: Contradicting Reports About the Directors Whereabouts Surface In a new twist to the Africrypt saga, two different reports have made cont
Bitcoin Ink: Study Shows Interest in ‘Crypto Tattoos’ Jumped 222% in the Past Year
Bitcoin Ink: Study Shows Interest in "Crypto Tattoos" Jumped 222% in the Past Year As cryptocurrencies, bitcoin, decentralized finance (defi), and non-fungible token (NFT) technolo
Ana Paula Pereira6 hours agoCosmos Hub upgrades to offer liquid stakingThe upgrade introduces a liquid staking module, eliminating a 21-day locking period applied for unstaked ATOM tokens.1005 Total views29 Total sharesL
Luno CEO: ‘Industry Accelerated a Lot Faster This Year Than We Anticipated’
Luno CEO: "Industry Accelerated a Lot Faster This Year Than We Anticipated" The pace of the crypto industry’s acceleration in 2021 has surprised many, including Marcus Swane
Coinbase refutes accusation it violated campaign finance laws
Tom Mitchelhill5 hours agoCoinbase refutes accusation it violated campaign finance lawsDescribing the allegations as “misinformation” — Coinbase chief legal officer Paul Grewal said Coinbase was exempt from certain
BTC price shoots up $1.5K in seconds as US CPI shows inflation slowing
William Suberg10 hours agoBTC price shoots up $1.5K in seconds as US CPI shows inflation slowingBitcoin comes charging back after a single U.S. macro data print reverses days of BTC price declines.5756 Total views11 Tota
CoinShares posts record revenue in Q1, backed by markets, Bitcoin ETFs
Ana Paula Pereira7 hours agoCoinShares posts record revenue in Q1, backed by markets, Bitcoin ETFsCoinShares’ revenue, gains and other income reached 43.9 million pounds ($55 million) in the first quarter of 2024, a 21