New York Attorney General Letitia James has recently taken a lawsuit against cryptocurrency exchange Gemini Trust Co., alongside the insolvent crypto lender Genesis Global Capital and its parent company, Digital Currency Group.
This move comes as part of a broader effort to address concerns related to the Gemini Earn investment program.
Allegations of Deceptive Practices and Substantial Losses
The heart of the matter lies in James’s allegations that Genesis Global Capital misled a substantial number of its customers, numbering at least 232,000 individuals, resulting in collective losses exceeding a staggering $1 billion. The lawsuit contends that Genesis, under the umbrella of the Gemini Scheme, made false assurances to the public regarding the highly-touted Gemini Earn program.
False Assurances and Confidential Risk Reports
Specifically, James claims that Gemini solicited funds from the public, assuring investors that Gemini Earn was a highly liquid investment and that Genesis Capital, the lending arm, was creditworthy, relying on Gemini’s continuous risk monitoring. However, a critical revelation from the lawsuit is that contrary to these promises, the company’s own confidential risk reports unveiled that Genesis Capital was a high-risk entity on the verge of default.
Misrepresentation of Investment Program
Even as Genesis allegedly portrayed the investment program as a “low risk” and “highly liquid” option redeemable “at any time,” the lawsuit argues that the reality behind the scenes was far from these representations. James contends that this misinformation has had severe repercussions, with a significant number of investors experiencing substantial financial losses.
Deliberate Concealment and Financial Impact
The lawsuit further alleges that the Genesis entities, along with the CEOs of Genesis Capital and Digital Currency Group, engaged in a deliberate campaign to conceal a staggering $1.1 billion in customer losses through a series of “misstatements, omissions, and concealment” over several months.
During the same period, the lawsuit claims that Gemini encouraged the public and Earn investors to place a heightened degree of “trust and confidence” in the company, amplifying the severity of the alleged misconduct.
Legal Measures Sought by Letitia James
In response, Letitia James is seeking comprehensive legal measures, including a prohibition on these crypto firms from conducting business in the state of New York. Additionally, she is advocating for damages and restitution to be awarded to the affected individuals who suffered financial losses due to the alleged deceptive practices.
This lawsuit is part of a larger legal landscape, as it follows a complaint by the U.S. Securities and Exchange Commission against Genesis and Gemini. In that case, the regulatory body argued that the Earn investment program constituted an unregistered security.
Encouragement for Sharing Experiences
If you have been financially impacted by your involvement in the Gemini Earn program, we encourage you to share your experiences and insights in the comments section.
The legal case is formally titled “The people of the State of New York by Letitia James v. Gemini Trust Co. LLC, et al.,” with an unknown case number, in the Supreme Court of the State of New York, County of New York.
