The US Securities and Exchange Commission (SEC) charges cryptocurrency exchange Gemini and Genesis Global for offering unregistered securities through the Gemini Earn Crypto asset-lending program, which was terminated in November with $900 million from 340,000 investors.
Announcing in a press release dated January 12, the agency has filed a complaint with the US District of New York, accusing the two companies of breaching Section 5 (a) and 5(c) of the Securities Act of 1933 – seeking for permanent injunctive relief, disgorgement of ill-gotten gains plus prejudgment interest, and civil penalties.
‘‘We allege that Genesis and Gemini offered unregistered securities to the public, bypassing disclosure requirements designed to protect investors,’’ chairperson Gary Gensler said. ‘‘(the) 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,’’ he added.
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Gemini Drew As High As 4% Interest In The Earn Program
In Dec. 2020, Gemini collaborated with Genesis – also part of the Digital Currency Group – to offer the exchange’s customers a way to loan out their crypto holdings and earn interest. In the arrangement, Gemini was the agent and deducted interest of as high as 4.29% from the amount paid to Gemini’s investors – where determined how and when to invest the pooled funds.
Later, Genesis suspended the withdrawal of the funds, saying it lacked enough assets to meet the requests. In the submission, SEC alleges that the Gemini Earn program constitutes a sale of a security and ought to have been registered under its purview. The failure denies investors crucial information on the program leading to losses.
SEC is continuing investigations into the possibility of any other security laws being violated by the two entities and has appealed to the public to provide any relevant evidence through its whistleblower program.
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