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SEC and Gemini Reach Tentative Settlement in Earn Case

The proposal awaits an SEC vote with final papers due by Dec. 15, potentially shaping how U.S. regulators treat yield products.

Overview

  • In a joint letter to Judge Edgardo Ramos, both sides reported a “resolution in principle” that would completely resolve the SDNY case, subject to Commission approval.
  • The parties asked the court to stay all deadlines and set Dec. 15 as the date to submit final settlement documents.
  • The SEC’s 2023 suit alleged Gemini Earn was an unregistered securities offering tied to loans to Genesis, which froze withdrawals in November 2022.
  • Genesis later filed for bankruptcy, held about $900 million from roughly 340,000 Earn customers, and settled related SEC claims for $21 million without admitting wrongdoing.
  • The disclosure arrived four days after Gemini’s $425 million IPO that valued the company around $3.3 billion, with Gemini continuing to deny wrongdoing.