SEC sues Gemini and Genesis over crypto asset-lending programme

The US Securities and Exchange Commission has sued digital asset-trading group Genesis and Gemini, the crypto exchange founded by the Winklevoss twins, saying its crypto asset-lending programme was not properly registered as a securities offering.

The SEC enforcement action announced on Thursday focuses on the Gemini Earn crypto asset-lending scheme. Starting in February 2021, Gemini allowed its customers to loan their crypto tokens to Genesis in exchange for a generous interest rate.

Gemini facilitated the transaction, taking agent fees as high as 4.29 per cent, the SEC said. Genesis is a wholly owned subsidiary of Digital Currency Group, a conglomerate that controls crypto media outlet CoinDesk and investment manager Grayscale.

Genesis in November announced the programme’s investors would not be able to withdraw their assets because of insufficient liquidity amid turmoil in the cryptocurrency market. The trading group at the time held about $900mn in assets from 340,000 investors participating in the scheme, the SEC said.

Gemini discontinued the programme earlier this month, but participating retail investors are still unable to withdraw their crypto assets, according to the agency.

“Today’s 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,” Gary Gensler, SEC chair, said in a statement. “Doing so best protects investors. It promotes trust in markets. It’s not optional. It’s the law.”

Gemini and Genesis did not immediately respond to requests for comment.

Gemini and Genesis have been at odds in recent months since Genesis suspended customer withdrawals. Gemini co-founder Cameron Winklevoss on Tuesday published an open letter calling for the firing of Barry Silbert, chief executive of DCG. Winklevoss and his twin brother Tyler founded the Gemini exchange in 2014.

The action against the two companies marks another step in a crackdown on crypto interest-bearing accounts by US authorities. Now-bankrupt crypto lender BlockFi in February agreed to pay $100mn to settle with the SEC and 32 states over claims of offering unregistered securities. Celsius, another lender, was targeted by several state authorities with similar claims before it filed for bankruptcy in July. The New York state attorney-general sued Celsius founder Alex Mashinsky last week for fraud and securities violations.

A Bulgarian office of crypto lender Nexo was raided by prosecutors earlier on Thursday as part of an investigation into money laundering and other offences.