SEC Drops Enforcement Case Against Winklevoss-Founded Crypto Exchange Gemini

The US Securities and Exchange Commission has agreed to dismiss its enforcement case against Gemini, the cryptocurrency exchange founded by billionaire twins Tyler and Cameron Winklevoss, after investors in its defunct lending program recovered their crypto assets in full.

Key Takeaways:

• The SEC dropped its case after Gemini Earn investors were fully repaid in crypto.
• Repayments came through the Genesis bankruptcy process in mid-2024.
• The decision hinged on a 100% in-kind return of customer assets.

In a joint filing submitted Friday to federal court in Manhattan, the SEC and Gemini Space Station cited the complete repayment of assets to users of the Gemini Earn program through the Genesis Global Capital bankruptcy process.

The repayments were completed between May and June 2024, according to the court document.

SEC Drops Gemini Case After Earn Investors Made Whole

The regulator said the decision followed the “100 percent in-kind return” of crypto assets to affected investors, meaning customers received the same digital assets they had originally deposited rather than cash equivalents.

Based on that outcome, the SEC concluded that dismissing its claims against Gemini was appropriate.

The case stems from charges brought in January 2023, when the SEC accused Gemini Trust Company and Genesis Global Capital of offering unregistered securities through the Gemini Earn program.

Under the arrangement, Gemini users loaned their crypto to Genesis in exchange for yield, with Gemini acting as the platform intermediary.

At its peak, the Gemini Earn program held approximately $940 million in customer assets.

That balance was frozen in November 2022 when Genesis halted withdrawals amid broader market turmoil following the collapse of several major crypto firms.

Genesis later filed for bankruptcy, triggering months of negotiations among creditors, regulators, and counterparties.

Unlike many firms that failed during the 2022 crypto downturn, Genesis ultimately returned customer assets rather than liquidating holdings and distributing cash proceeds.

That outcome played a central role in the SEC’s decision to unwind its case against Gemini.

SEC Drops Gemini Case as Crypto Policy Softens and Exchange Grows

The dismissal comes amid a broader shift in the SEC’s approach to digital asset regulation under US President Donald Trump.

The administration has signaled a more accommodating stance toward the crypto sector, with Trump publicly pledging to support mainstream adoption of digital assets and ease regulatory pressure on the industry.

In its filing, the SEC stressed that the dismissal does not reflect its position on other crypto-related enforcement actions, underscoring that the decision was specific to the facts of the Gemini case.

The exchange has continued to expand its institutional footprint following the resolution of the Earn dispute.

Gemini made a high-profile debut on Nasdaq last year, reflecting renewed investor interest in regulated crypto platforms as the market rebounds. According to LSEG data, the company is currently valued at approximately $1.14 billion.

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