Gemini Trust Co., a cryptocurrency exchange, and bankrupt lender Genesis Global Capital have jointly filed for the dismissal of a lawsuit brought by the Securities and Exchange Commission (SEC). The lawsuit claims that their Earn product violated securities regulations by offering unregistered securities.
In their legal filings, the companies contended that their Earn product, which facilitated coin lending for yield generation, should not be classified as a security. Genesis further argued that the transactions were essentially loans and requested the court to dismiss the complaint or, as an alternative, strike the SEC’s requests for a permanent injunction and disgorgement.
Furthermore, the allegation stated that Gemini, rather than Genesis, was responsible for the customer-facing aspects of the Earn program. Gemini, which asserted its role as a transfer agent for Earn, criticized the SEC lawsuit as “ill-conceived” in its blog update addressed to Earn users.
Following the SEC’s lawsuit in January, Genesis subsequently filed for bankruptcy, leading to Earn users facing withdrawal restrictions since mid-November. In response, Gemini filed a comprehensive claim on Monday, May 22, aiming to recover over $1.1 billion in assets for the benefit of 232,000 Earn users.
Throughout this month, Gemini, Genesis, and its parent company, Digital Currency Group (DCG), have engaged in mediated negotiations to reach a restructuring and settlement agreement. While a preliminary deal was proposed in February, it has not been formally concluded. Additionally, earlier this month, DCG failed to make a $630 million loan payment to Genesis.
At the same time, Gemini and other creditors are collaborating on an “amended plan of reorganization” that can be pursued independently if the mediation process fails. The objective is to ensure the optimal outcome for Earn users, as stated by the exchange in their blog post.
While Gemini and Genesis are making efforts to dismiss the lawsuit and work with regulators to reach a settlement, other participants in the crypto market see this as a necessary step to ensure proper compliance and protect consumers. Opponents argue that excessive regulation can hinder innovation and growth in the industry.
Regardless of the outcome, this case serves as an important reminder for companies operating within the blockchain and cryptocurrency space to ensure they adhere to relevant regulations and keep the interest of their users at heart.
Source: Cointelegraph
