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Gemini and Genesis Seek Dismissal of SEC Lawsuit on Earn Product

Key Takeaways
  • Gemini and Genesis Global Capital have filed for the dismissal of an SEC lawsuit regarding their "Earn" product, which allegedly violated securities regulations.
  • The companies argue that the Earn product should not be classified as a security and that the transactions were loans, not securities offerings.
  • The ongoing legal proceedings and negotiations aim to reach a settlement and reorganization agreement, with the goal of recovering assets for the benefit of Earn users.
27-May-2023 By: Aditi Tiwari
Gemini and Genesis S

Gemini and Genesis Global Capital, a bankrupt crypto lender, have jointly filed for the dismissal of a Securities and Exchange Commission (SEC) lawsuit concerning their "Earn" product. 

The lawsuit alleges that the product violated securities regulations by offering unregistered securities. In their legal filings, the companies argued that the Earn product should not be classified as a security and contended that the transactions were essentially loans. They urged the court to dismiss the complaint or alternatively strike the SEC's requests for a permanent injunction and disgorgement.

Gemini, as the transfer agent for Earn, claimed responsibility for the customer-facing aspects of the program. The company criticized the SEC lawsuit as "ill-conceived" in a blog update addressed to Earn users. Following the SEC's lawsuit in January, Genesis filed for bankruptcy, leading to withdrawal restrictions for Earn users since mid-November. Gemini takes action to retrieve $1.1 billion in assets for 232,000 Earn users.

Gemini and Genesis Negotiate Backup Plan as SEC Lawsuit Complicates Asset Recovery.

Gemini, Genesis, and Digital Currency Group (DCG), the parent company, are currently engaged in mediated negotiations to reach a restructuring and settlement agreement. Although a preliminary deal was proposed in February, it has not been finalized. Additionally, DCG missed a $630 million loan payment to Genesis earlier this month.

Gemini and creditors develop a backup plan for Earn users if mediation fails. "Amended plan of reorganization" ensures optimal outcome, per Gemini's blog.

However, the SEC's lawsuit is complicating the asset recovery process from the Genesis bankruptcy and making it more challenging to make Earn users whole, according to Jack Baughman, a founding partner of JFB Legal who is handling the case. Baughman highlighted that the lawsuit does nothing to expedite the process or unlock assets that need to be returned to Earn users.

The situation remains ongoing as Gemini, Genesis, and DCG continue their negotiations and legal proceedings. The outcome of these discussions and potential resolution of the SEC lawsuit will determine the fate of the Earn product and the recovery of assets for its users.

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