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"SEC Charges Genesis and Gemini for the Unregistered Offer and Sale of Crypto Asset Securities through the Gemini Earn Lending Program"

2023-01-12 [vendor] SEC charges Gemini and Genesis
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Incident Details

The SEC filed charges against Genesis Global Capital and Gemini, two crypto firms that collaborated to create Gemini’s embattled Earn lending program. According to the SEC, their lending program constitutes an offer and sale of securities and, as such, should have been registered. Other companies, such as (now bankrupt) Celsius, have in the past shut down similar products in the US due to concerns over regulatory action; it’s not clear why Gemini thought their product would pass muster.On November 16, Gemini halted withdrawals from Earn after Genesis halted withdrawals after FTX collapsed. Since then, Gemini and Genesis have been engaged in a very public battle, with Gemini’s founders accusing Genesis and its parent company of misconduct and demanding the return of the $900 million in Gemini customer funds.

Technical Details

Initial Attack Vector
Regulatory / legal action
Vendor / Product
SEC charges Gemini and Genesis

Timeline

  1. 2023-01-12 Breach occurred
  2. 2023-01-12 Publicly disclosed