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Genesis Global Capital Agrees to $21 Million Penalty in SEC Settlement

Genesis Global Capital resolves SEC allegations over unregistered securities with a $21 million penalty and permanent injunction.
Published on 2024-03-19

Genesis Global Capital's SEC Settlement

Genesis Global Capital, LLC has agreed to a $21 million penalty and a permanent injunction to settle allegations from the Securities and Exchange Commission (SEC) regarding the improper registration of securities. This resolution involves the company's role in the Gemini Earn program, a crypto asset lending initiative.

Background of the Allegations

In January 2023, the SEC charged Genesis and Gemini Trust Company, LLC for their involvement in the Gemini Earn program. This program allowed customers to lend their cryptocurrency assets to Genesis in exchange for interest payments. However, Genesis encountered liquidity issues in November 2022, preventing it from fulfilling withdrawal requests, affecting approximately 340,000 investors who were unable to access around $900 million in crypto assets.

Terms of the Settlement

Under the settlement, Genesis has neither admitted nor denied the SEC's allegations. However, the firm has consented to a final judgment that prohibits future violations of Section 5 of the Securities Act of 1933. This outcome underscores the risks investors face when companies bypass federal securities laws.

SEC's Stance on Compliance

SEC Chair Gary Gensler stressed the importance of adherence to securities laws for crypto lending platforms to ensure investor protection and maintain market trust. Gurbir S. Grewal, Director of the SEC’s Division of Enforcement, highlighted the necessity of investor-protection disclosures as mandated by law.

Bankruptcy Proceedings and Future Actions

Genesis, along with two affiliates, filed for Chapter 11 bankruptcy in January 2023. The settlement specifies that the penalty will be paid after settling other allowed claims through the bankruptcy court, including those from retail investors involved in the Gemini Earn program.

Ongoing SEC Efforts

The SEC's actions against Genesis are part of a broader initiative to enforce securities laws within the rapidly evolving cryptocurrency market landscape. The settlement reflects the SEC's commitment to ensuring legal compliance and protecting investors in the crypto industry.

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