The U.S. Securities and Exchange Commission (SEC) has reached a preliminary settlement with Gemini Trust, the crypto exchange run by Tyler and Cameron Winklevoss, over its Gemini Earn program. The deal still needs final approval from the SEC, but could finally bring an end to the lawsuit that’s been hanging over the company since early 2023.
Background of the case
The SEC accused Gemini of failing to properly register its Gemini Earn lending program before offering it to everyday investors. Launched in 2021, the program let customers lend bitcoin and other cryptocurrencies to Genesis Global Capital in return for interest. In the process, Gemini collected fees that went as high as 4.29%.
However, trouble began when Genesis suspended withdrawals in November 2022, following the collapse of Sam Bankman-Fried’s FTX. At that time, around 340,000 Gemini Earn customers were left without access to roughly $900 million in assets.
The SEC later filed a lawsuit in January 2023, arguing that Gemini and Genesis bypassed disclosure rules meant to protect investors. Genesis has since agreed to pay $21 million to settle without admitting wrongdoing.
Settlement details
In a letter filed on Monday in the Manhattan federal court, lawyers from both sides confirmed the settlement would “completely resolve” the lawsuit. They requested U.S. District Judge Edgardo Ramos to halt all deadlines and grant them time until December 15 to finalize the paperwork. The precise terms remain confidential, pending approval from SEC commissioners.
Legal experts suggest the penalty may fall between $10 million and $20 million—far lighter than originally feared and lower than penalties imposed during the previous administration.
Market impact
The settlement news came just days after Gemini’s successful market debut. The New York-based exchange raised $425 million in an initial public offering (IPO) last week, valuing the company at about $3.3 billion. On Monday, Gemini shares closed at $32.52, up $0.52 and 16% above the IPO price of $28, according to Reuters.
What’s next
If approved, the agreement would remove a significant legal hurdle for Gemini as it looks to expand its business following its public listing. For investors, the case is a reminder that crypto lending platforms come with regulatory risks and why clear disclosure rules are important for protecting customers.
Also Read: IPO Market Raises $4 Billion This Week With Gemini Leading
