Gemini Trust, a cryptocurrency exchange established by Cameron and Tyler Winklevoss, has agreed to refund at least $1.1 billion to customers of its defunct lending program as part of a settlement with a New York regulator.
Additionally, Gemini will be required to pay a $37 million fine to the regulator due to "significant failures that jeopardized the stability and security of the company," according to a statement released by the New York Department of Financial Services (NYDFS) on Wednesday.
In the statement, NYDFS stated that it has the authority to take additional action against Gemini if the company fails to meet its obligations.
The Winklevoss twins, who famously engaged in a prolonged legal battle with Meta's Mark Zuckerberg over the creation of Facebook, are the individuals behind Gemini. They ultimately reached a $65 million settlement in the case.
Gemini Exchange announced in a blog post on Wednesday that customers of its lending program, Gemini Earn, will receive 100% of their digital assets back in kind along with any increase in value as a result of the settlement.
Gemini Earn was promoted as a low-risk investment opportunity where customers could lend their crypto assets to Genesis Global Capital (GGC) and earn interest payments of up to 8%.
According to the Gemini blog, we will be returning over $1.8 billion in value (at today's prices), which is $700 million more than when GGC halted withdrawals in November 2022.
During the collapse of FTX, the once high-flying crypto exchange, the trillion-dollar crypto market suffered. Its co-founder, Sam Bankman-Fried, was convicted in November on seven counts of fraud and conspiracy for his involvement in the company's downfall.
On Tuesday, attorneys representing Bankman-Fried submitted a memorandum to a Manhattan federal court suggesting a prison term ranging from five to six-and-a-half years. According to federal guidelines, he could potentially receive a sentence of up to 110 years. The date set for his sentencing is March 28.
However, the resolution reached on Wednesday does not signify the end of legal challenges for Gemini. The company is currently entangled in a separate lawsuit initiated in October by the attorney general of New York. The lawsuit accuses three entities - Gemini, GCC, and Digital Currency Group (the parent company of GCC) - of deceiving investors and concealing losses exceeding $1 billion.
Editor's P/S:
The settlement between Gemini Trust and the New York regulator serves as a stark reminder of the risks associated with investing in cryptocurrencies. The collapse of Gemini Earn and the subsequent legal challenges highlight the need for increased regulation and transparency in the crypto industry. While the refund of $1.1 billion to customers is undoubtedly a positive step, the ongoing lawsuit against Gemini and its partners underscores the complexities and potential pitfalls of this rapidly evolving market.
The article also sheds light on the dramatic fall from grace of FTX and its co-founder, Sam Bankman-Fried. The conviction and potential lengthy prison sentence for Bankman-Fried serve as a warning to those who engage in fraudulent activities within the crypto space. The industry must prioritize ethical conduct and accountability to restore trust and ensure its long-term viability.