In a major development, the US Securities and Exchange Commission has filed a joint stipulation with defendant Gemini Trust Company, LLC to terminate its long-running civil enforcement action with prejudice, effectively ending the three-year legal battle over the Gemini Earn crypto lending program.
SEC Vs GeminiIn January 2023, the SEC instituted one of the most controversial crypto-related lawsuits against Gemini Trust Company and its partner, Genesis Global Capital LLC, accusing both parties of illegally offering and selling unregistered securities through the Gemini Earn lending program, a financial product that operated between 2021 and 2022, which allowed customers to lend crypto for interest at 7.4% per annum.
Following the FTX crash in 2022, Genesis, which had a significant financial exposure to the now-defunct crypto exchange, halted withdrawals on the Gemini Earn Program, effectively locking up $940 million in investor assets. Since then, a series of events has unfolded, including Genesis entering bankruptcy proceedings, and through that process, all Earn investors ultimately recovered 100 percent of their crypto assets in kind. In addition, Gemini has settled related matters with state and federal regulators, paying over $50 million in civil fines.
US Crypto Regulatory TurnaroundThe dismissal of the Gemini case comes amid a broader recalibration of the US crypto regulatory approach under the Donald Trump administration. Several high-profile SEC actions against major platforms, involving Coinbase, Kraken, and Binance, have been dropped or paused, reflecting a shift from a forceful regulatory approach seen under the former chairman, Gary Gensler.
